That such and such a reformation of worship be submitted unto by all subjects in such a jurisdiction:—
That such and such churches, ministers, ministries, be pulled down, and such and such churches, ministries, and ministrations, set up:—
That such laws properly concerning religion, God, the souls of men, should be civil laws and constitutions, is as far from reason as that the commandments of Paul, which he gave the churches concerning Christ’s worship (1 Cor. xi. and 1 Cor. xiv.), were civil and earthly constitutions: or that the canons and constitutions of either œcumenical or national synods, concerning religion, should be civil and state conclusions and arguments.
Laws merely concerning spiritual things must needs be spiritual.
To that instance of an oath remaining religious, though conversant about civil things; I answer and acknowledge, an oath may be spiritual, though taken about earthly business; and accordingly it will prove, and only prove, what before I have said, that a law may be civil though it concern persons of this and of that religion, that is, as the persons professing it are concerned in civil respects of bodies or goods, as I have opened; whereas if it concern the souls and religions of men, simply so considered in reference to God, it must of necessity put on the nature of religious or spiritual ordinance or constitution.
Beside, it is a most improper and fallacious instance; for an oath, being an invocation of a true or false God to judge in a case, is an action of a spiritual and religious nature, whatever the subject matter be about which it is taken, whether civil or religious: but a law or constitution may be civil or religious, as the subject about which it is conversant is either civil, merely concerning bodies or goods; or religious, concerning soul and worship.
CHAP. XCIV.
Peace. Their fifth head is concerning the magistrates’ power in making of laws.
“First, they have power to publish and apply such civil laws in a state, as either are expressed in the word of God in Moses’s judicials—to wit, so far as they are of general and moral equity, and so binding all nations in all ages—to be deducted by way of general consequence and proportion from the word of God.
“For in a free state no magistrate hath power over the bodies, goods, lands, liberties of a free people, but by their free consents. And because free men are not free lords of their own estates, but are only stewards unto God, therefore they may not give their free consents to any magistrate to dispose of their bodies, goods, lands, liberties, at large as themselves please, but as God, the sovereign Lord of all, alone. And because the word is a perfect rule, as well of righteousness as of holiness, it will be therefore necessary that neither the people give consent, nor that the magistrate take power to dispose of the bodies, goods, lands, liberties of the people, but according to the laws and rules of the word of God.