An evident contradiction. An excellent confession of the proper end of civil government. When civil laws are not broken, it is confessed that civil peace is not hurt.
First, a clear grant that when the church complaineth for help, 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 civil sword, but only such as do immediately hurt the peace of the civil state; and they add the reason, because the proper end of the civil government being the preservation of the peace and welfare of the state, they ought not to break down those bounds, and so to censure immediately for such sins 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 break no civil law of God, or law of the state published according to it: “for the peace of the state,” say they, “being preserved by wholesome laws, when they are not hurt, the peace is not hurt.”
CHAP. CXXVIII.
Peace. Dear Truth, here are excellent confessions, unto which both truth and grace may gladly assent; but what is your second observation from hence?
A grievous charge against the Christian church, and the King of it.
Truth. I observe secondly, what a deep charge of weakness is laid upon the church of Christ, the laws, government, and officers thereof, and consequently upon the Lord Jesus himself: to wit, that the church is not enabled with all the power of Christ to censure sufficiently an offender—on whom yet they have executed the deepest censure in the world, to wit, cutting off from Christ, shutting out of heaven, casting to the devil—which offender’s crime reacheth not to hurt the good of the civil state; but that she is forced to make complaint to the civil state, and the officers thereof, for their help.
Oh! let not this be told in Gath, nor heard in Askelon! and oh! how dim must needs that eye be, which is bloodshot with that bloody and cruel tenent of persecution for cause of conscience!
Peace. But what should be meant by this passage, viz., “That they cannot give liberty to the magistrate to punish without exception all excommunicate persons, within so many months?”
A strange law in New England formerly, against excommunicate persons.
Truth. It may be this hath reference to a law made formerly in New England, that if an excommunicate person repented not within, as I have heard, three months after sentence of excommunication, then the civil magistrate might proceed with him.