“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. vi., first to go to law, secondly, to do it before an infidel, seeing the church was able to judge of such kind of differences by some arbitrators among themselves. So that the magistrates should refer the differences of church members to private healing, and try that way first: by means whereof the churches should be free from much scandal, and the state from much trouble, and the hearts of the godly from much grief in beholding such breaches.
“Thirdly, such offences which the conscience of a brother dealing with another privately, dares not as yet publish openly, coming to the notice of the magistrate accidentally, he ought not to make public as yet, nor to require the grand jury to present the same, no more than the other private brother, who is dealing with him, until he 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 prætensi, because this preserves not, but hurts many ways the peace of the state, and abuseth the ordinance of an oath, which is ordained to end controversies, not to begin them, Heb. vi. 16.
“Fourthly, hence they have no power to censure any for such offences as break either no civil 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 deal with the souls of magistrates, in telling them they are the guardians of both tables, must see the church do her duty, punish, &c.; and yet in this passage the elders or ministers of the churches not only sit judges over the magistrates’ actions in church affairs, but in civil also, straitening and enlarging his commission according to the particular interests of their own ends, or at the best their consciences.
To give the government of the church to the civil magistrate (as before), and yet to abridge his conscience, what is it but to sport with holy things? &c.
I grant the word of the Lord is the only rule, light, and lantern in all cases concerning God or man, and that the ministers of the gospel are to teach this way, hold out this lantern unto the feet of all men; but to give such an absolute power in spiritual things to the civil magistrate, and yet after their own 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 civil magistrate ought not to proceed against the offences of an excommunicate person, which manifestly hurt not the good of the state, until the church hath made her complaint for help from them, I observe two things:—