Obj. But suppose there was no appearance made, upon such a Writ from the King?
Ans, Then were it in the power of the King, and his Privie Counsell to doe it themselves, and so the Common••••s would lose their priviledge.
The like instance may also be made in laying of a Tax, or Sesse∣ment for a Towne, &c. where all the inhabitants, ought to have publick notice given them, of the time, when, and place where, such a Tax is to be laid; yet is not every one, absolutely bound by this Summons, to appeare at the time, and place; but if he, or they doe not appeare, such as doe appeare, may lay the Tax, and the other not appearing, are bound to stand to the conclusi∣ons of them who did appeare, whether for them, or against them.
Obj. But if none make their appearance, what would follow?
Ans. Upon such neglects, the Pastor, and Church Officers, may doe it themselves, according to my former instance.
Obj. What would you inferre from hence?
Ans. That in any act of Judicature, (which may concerne the members of the Church) if the reall body thereof have publick notice of the time, and place, where a controversie (betwixt the* 1.1 members thereof, is to be decided, and most of them forbeare comming thereunto; that then the parties, which shall so come, al∣beit, inconsiderable to the other, may decide the controversie▪ and being so done, the re•••• are not to gain-say it.
Obj. But if none of them should appeare upon the Summons, what would follow?
Ans. Then the Pastor, and Church Officers, have power to doe it themselves, according to my former instances.