The Bloody Tenant of Persecution for the Cause of Conscience, Part 4 · Chapter 85
CHAP. LXXXV.
IN the next place I observe upon the point of Delinquencie, such a confusion, as Heaven and Earth may stand amazed at: If the Church offend (say they) after advice refused, in conclusion the Magistrate must redresse, that is, punish the Church (that is, in Church offences and cases) by a course of Civill justice.
On the other side, if the Civill Magistrate offend after Admonition used, and not prevailing, in conclusion the Church proceeds to censure, that is, to Excommunication, as is afterward more largely proved by them.
Now I demand, if the Church be a Delinquent, who shall judge? It is answered, the Magistrate. Againe, if the Magistrate be a Delinquent, The Magistrate and the Church, by the Authors grounds, at one and the same time, in one and the same cause, made the Judges on the B…h, and D…quents …th. B…re.I aske who shall judge? It is answered, the Church. Whence I observe, (which is monstrous in all cases in the World) that one person, to wit, the Church or Magistrate, shall be at one time the Delinquent at the Bar, and the Iudge upon the Bench. This is cleere thus: The Church must judge when the Magistrate offends; and yet the Magistrate must judge when the Church offends; and so consequently in this case must judge whether she contemne Civill Authority in the Second Table, for thus dealing with him: Or whether she have broken the rules of the first Table, of which (say they) God hath made him Keeper and Conserver. And therefore, though the Church make him a Delinquent at the Bar, yet by their confession God hath made him a Iudge on the Bench. What blood, what tumults hath been, and must be spilt upon these grounds?
Peace.
Deare Truth, No question but the Church may punish the Magistrate spiritually in spirituall cases; and the Magistrate may punish the Church, civilly, in civill cases: But that for one and the same cause the Church must punish the Magistrate, and the Magistrate the Church, this seemes monstrous, and needs explication.
Truth.
Sweet Peace, I illustrate with this Instance: A true Church of Christ (of which, according to the Authors supposition, the Magistrate is a member) chooseth and calls one of her members to office:An illustration demonstrat…ng th… the C…vill Mag… st…at… c…nnot h…ve power over the Church … spiritu…ll or Church causes. The Magistrate opposeth: The Church perswaded that the Magistrates exceptions are insufficient (according to her priviledge, which these Authours maintaine against the Magistrates prohibition) proceeds to Ordaine her officer: The Magistrate chargeth the Church to have made an unfit and unworthy choice, and therefore according to his place and power, and according to his conscience and judgement he suppresseth such an officer, and makes void the Churches choice: Upon this the Church complaines against the Magistrates violation of her priviledges… given her by Christ Iesus, and cries out that the Magistrate is turned Persecuter… and not prevailing with admonition, she proceeds to Excommunication against him: The Magistrate according to his conscience, endures not such profanation of Ordinances as he conceives; and therefore, if no advice and admonition prevaile, he proceeds against such obstinate abusers of Christs holy Ordinances, (as the Authors grant he may) in Civill Court of justice, yea and (I adde according to the patterne of Israel) cuts them off by the sword, as obstinate usurpers and prophaners of the holy things of Christ.
I demand what helpe hath any poore Church of Christ in this case,The punishments Civill which the Magistrate insticts upon the Church for Civill crimes, lawfull and necessary. by maintaining this power of the Magistrate to punish the Church of Christ, I meane in spirituall and Soule-cases, for otherwise I question not but he may put all the members of the Church to death justly, if they commit crimes worthy thereof, as Paul spake, Acts 23.
Shall the Church here slie to the Popes Sanctuarie against Emperours and Princes excommunicate, to wit, give away their crowns, kingdomes or dominions, and invite forraigne Princes to make War upon them and their Territories? The Authors surely will disclaime this; and yet I shall prove their Tenents tend directly unto such a practise.
Or secondly, shall she say the Magistrate is not a true Magistrate' because not able to judge and determine in such cases? This, their confession will not give them leave to say, because they cannot deny unbelievers to be lawfull Magistrates: and yet it shall appeare (not withstanding their con…ession to the contrary) their Tenents imply, that none but a Magistrate after their own conscience, is a lawfull Magistrate.
Therefore, thirdly, they must ingenuously and honestly confesse, that if it be the duty of the Magistrate to punish the Church in spirituall cases, he must then judge according to his conscience and perswasion, whatever his conscience be: and then let all men judge into what a wofull state they bring both the civill Magistrate and Church of Christ, by such a Church-destroying and State-destroying Doctrine.
Peace.
Some will here say, in such a case either the Magistrate on the Church must judge; either the Spirituall or Civill State must be supreme.
I answer, if the Magistrate be of another Religion,
First,The true way of the God of Peace in differen…es between the Church & the Magistrate. What hath the Church to judge him being without? 1 Cor. 5.
Secondly, If he be a member of the Church… doubtles the Church hath power to judge (in spirituall and Soule-cases) with spirituall and Church censures all that are within, 1… Cor. 5.
Thirdly, If the Church offend against the civill peace of the State, by wronging the bodies or goods of any, the Magistrate bears not the sword in vaine, Rom. 13. to correct any or all the members of the Church. And this I conceive to be the onelyonly way of the God of Peace.