to do
that which Paul pointed out to be their duty, and in that respect he
calleth them obedient; yet absolutely and _de facto_ it was free to them
(notwithstanding of Paul's writing to them) either to excommunicate him or
not to excommunicate him, and if they had not by their authority
excommunicate him, he had not been at all excommunicate by any virtue of
Paul's adjudging of him.

4. When the Corinthians proceeded to excommunicate him, the Apostle
calleth this a censure which was inflicted of many, ver. 6, which could
not be said if he was to be excommunicate by the Apostle's authority
alone.

5. The Apostle, ver. 7, writeth again to the Corinthians, to forgive the
incestuous man, to receive him into their communion, and to remit the
punishment of his excommunication, because he was won to repentance. And
he addeth, ver. 10, "To whom ye forgive anything, I forgive also." Now,
who can remit the punishment and save one from underlying the censure,
except such as have the power and authority of judgment?

Hitherto we have proven that the power of binding and loosing pertaineth
to every particular church collectively taken; but the execution and
judicial exercising of this power pertaineth to that company and assembly
of elders in every church which the Apostle, 1 Tim. iv. 14, calleth a
presbytery. In Scotland we call it a session; in France it is called a
consistory; in Germany and Belgia, according to the Scripture phrase, it
is termed a presbytery. It is made up of the pastor or pastors of every
congregation, together with those governing elders which labour there (not
in doctrine, but) in discipline only, of which things we have spoken
before.(1078) That unto this company or consistory of elders pertaineth
the power of binding and loosing, it is averred by the best divines:
Calvin (on Matt. viii. 17, 18, _et Lib. Epist._, col. 168, 169), Beza
(_Contra Saraviam de Divers. Minist. Grad._), Zanchius (in 4 _Praec._,
col. 756), Junius (_Animad. in Bell._, cont. 5, lib. 1, cap. 14, nota 28),
Polanus (_Synt._, lib. 7, cap. 18), Tilen (_Synt._, part 2, disp. 28), the
Professors of Leyden (_Syn. Pur. Theol._, disp. 48), Gerhard (_Loc.
Theol._, tom. 6, p. 137, 138), Balduine (_de Cas. Cons._, lib. 4, cap. 11,
cas. 11), Pareus (in Matt, xviii. 17, 18; and in 1 Cor. v.), Cartwright
(in Matt. xviii., sect. 7), Fennerus (_Theol._, lib. 7, cap. 7, p. 152,
153), Alstedius (_Theol. Casuum_, cap. 27), Danaeus (_Pol. Christ._, lib.