“In what order may the magistrate execute punishment on a church or church member that offendeth his laws?
“First. Gross and public, notorious sins, which are against the light of conscience, as heresy, &c., there the magistrate keeping him under safe ward should send the offender first to the church to heal his conscience, still provided that the church be both able and willing thereunto: by which means the magistrate shall convince such a one’s conscience that he seeketh his healing, rather than his hurt.
“The censure also against him shall proceed with more power and blessing, and none shall have cause to say that the magistrate persecutes men for their consciences, but that he justly punishes such a one for sinning rather against his conscience, Tit. iii. 10.
“Secondly, in private offences how the magistrate may proceed, see chap. xii. It is not material whether the church or magistrate take it first in hand. Only with this caution, that if the state take it first in hand, they are not to proceed to death or banishment, until the church hath taken their course with him, to bring him to repentance, provided that the church be willing and ready thereunto.
“Secondly, in such sins wherein men plead conscience, as heresy,” &c.
Truth. Here I have many just exceptions and considerations to present.
First, they propose a distinction of some sins: some are against the light of conscience, &c., and they instance in heresy.
Error is confident as well as truth.
Ans. I have before discussed this point of a heretic sinning against light of conscience. And I shall add, that however they lay this down as an infallible conclusion, that all heresy is against light of conscience, yet—to pass by the discussion of the nature of heresy, in which respect it may so be that even themselves may be found heretical, yea, and that in fundamentals—how do all idolaters after light presented, and exhortations powerfully pressed, either Turks or pagans, Jews or anti-christians, strongly even to the death hold fast, or rather are held fast by, their delusions.