The Bloody Tenant of Persecution for the Cause of Conscience, Part 4 · Chapter 128
CHAP. CXXVII.
Peace.
DEare Truth, you have uprightly and aptly untied the knots of that 11 Head, let me present you with the 12 Head,The 12 Head examined. which is
Concerning the Magistrates power in the Censures of the Church.
First (say they) he hath no power to execute or to substitute any Civill officer to execute any Church censure, under the notion of Civill or …cclesiasticall men.
Secondly, Though a Magistrate may immediately Civilly censure such an offender, whose secret sinnes are made manifest by their casting out, to be injurious to the good of the State; yet such offences of excommunicate persons, which manifestly hurt not the good of the State, he ought not to proceed against them, sooner or later, untill the Church hath made her complaint to him, and given in their just Reasons for helpe from them: For to give libertie to Magistrates without exception to punish all excommunicate persons within so many moneths, may prove injurious to the person who needs, to the Church who may desire, & to God who cals for longer indulgence from the hands of thē.
Thirdly, for persons not excommunicate, the Magistrate hath no power in mediately to censure such offences of Church members by the power of the Sword, but onelyonly for such as doe immediately hurt the peace of the State: Because the proper end of Civill Government being the preservation of the peace and welfare of the State, they ought not to breake downe those bounds, and so to censure immediately for such sins which hurt not their peace.
Hence, first, Magistrates have no power to censure for secret sinnes, as deadnesse, unbeleefe, because they are secret, and not yet come forth immediately to hurt the peace of the State; we say immediately, for every sinne, even originall sinne, remotely hurts the Civill State.
Secondly, hence they have no power to censure for such private sinnes in Church members, which being not hainous may be best healed in a private way by the Churches themselves. For that which may be best healed by the Church, and yet is prosecuted by the State, may make a deeper wound and greater rent in the peace both of Church and State: the Magistrates also being members of the Church, are bound to the rule of Christ, viz. not to produce any thing in publike against a brother, which may bee best healed in a private way.
Now we call that private,
First, which is only remaining in Families, not knowne of oothers: and therefore a Magistrate to heare and prosecute the complaint of children against their parents, servants against masters, wives against their husbands, without acquainting the Church first, transgresseth the rule of Christ.
Secondly, that which is between members of the same Church or of divers Churches: for, it was a double fault of the Corinthians (1 Cor. 6.) first to goe to Law, secondly to doe it before an Infidell, seeing the Church was able to judge of such kinde of differences by some Arbitratours among themselves: So that the Magistrates should referre the differences of Church members to private healing, and try that way first: By meanes whereof the Churches should be free from much scandall, and the State from much trouble, and the hearts of the godly from much griefe in beholding such breaches.
Thirdly, such offences which the Conscience of a Brother dealing with another privately, dares not as yet publish openly, comming to the notice of the Magistrate accidentally, he ought not to make publique as yet, nor to require the Grand Jurie to present the same, no more then the other private brother, who is dealing with him, untill hee see some issue of the private way.
Thirdly, hence they have no power to put any to an oath ex officio, to accuse themselves, or the brethren, in case either criminis suspecti, or praetensi, because this preserves not, but hurts many wayes the peace of the State, and abuseth the ordinance of an Oath, which is ordained to end controversies, not to begin them, Heb. 6. 16.
Fourthly, hence they have no power to censure any for such offences as breake either no Civill Law of God, or Law of the State published according to it, for the peace of the State being preserved by wholesome Laws, when they are not hurt, the peace is not hurt.
Truth.
In this passage (as I said before) I observe how weakly and partially they deale with the soules of Magistrates in telling them they are the Guardians of both Tables, must see the Church doe her duty, punish, &c. and yet in this passage the Elders or Ministers of the Churches not only sit Iudges over the Magistrates actions in Church affaires, but in civill also, straitning and inlarging his commission according to the particular interests of their owne ends or (at the best) their Consc…ences.
I grant the Word of the Lord is the only rule, light and lanthorn, To give the government of the Church to the Civill Magistrate (as before) and yet to abridge his conscience, what is it but to sport with holy things? &c.in all cases concerning God or Man: and that the Ministers of the Gospell are to teach this way, hold out this Lanthorne unto the feete of all men: but to give such an absolute power in Spirituall things to the Civill Magistrate, and yet after their owne ends or Consciences to abridge it, is but the former sporting with holy things, and to walk in Contradictions, as before I noted.
Many of the particulars, I acknowledge true, where the Magistrate is a Member of the Church: yet some passages call for Explication, and some for Observation.
First, in that they say, the Civill Magistrate ought not to proceed against the offences of an Excommunicate person, which manifestly hurt not the good of the state, untill the Church hath made her complaint for helpe from them. I observe 2 things:
First,An evident contradiction. a cleare grant, that when the Church complayneth for helpe, then the Magistrate may punish such offences as hurt not the good of the state: and yet in a few lines after, they say, the Magistrates have no power to censure such offences of Church members by the power of the civill sword, but only such, as doe immediately hurt the peace of the civill state; and they adde the Reason, because the proper end of the civill Government, An excellent confession of the proper end of Civill Government. When Civill Lawes are not broken, it is confest that Civill Peace is not hurt.being the preservation of the peace and welfare of the state, they ought not to breake downe those bounds, and so to censure immediately for such sinnes which hurt not their peace. And in the last place, they acknowledge the Magistrate hath no power to punish any, for any such offences as breake no civill Law of God, or Law of the state, published according to it: For the peace of the state, (say they) being preserved by wholesome Lawes, when they are not hurt, the Peace is not hurt.