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Civil power originally

officers, punishing with church censures; but to see that the church doth her duty herein. And on the other side, the churches, as churches, have no power, though as members of the commonweal they may have power, of erecting or altering forms of civil government, electing of civil officers, inflicting civil punishments-no, not on persons excommunicated-as by deposing magistrates from their civil authority, or withdrawing the hearts of the people against them, to their laws, no more than to discharge wives, or children, or servants, from due obedience to their husbands, parents, or masters: or by taking up arms against their magistrates, though they persecute them for conscience: for though members of churches, who are public officers, also of the civil state, may suppress by force the violence of usurpers, as Jehoiada did Athaliah, yet this they do not as members of the church, but as officers of the civil state."

Truth. Here are divers considerable passages, which I shall briefly examine so far as concerns our controversy.

First, whereas they say, that the civil power may erect and establish what form of civil government may seem in wisdom most meet: I acknowledge the proposition to be most true, both in itself, and also considered with the end of it, that a civil government is an ordinance of God, to conserve the civil peace of people so far as concerns their bodies and goods, as formerly hath been said.

But from this grant I infer, as before hath been touched, and funda that the sovereign, original, and foundation of civil power, the people. lies in the people-whom they must needs mean by the

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civil power distinct from the government set up: and if so, that a people may erect and establish what form of government seems to them most meet for their civil condition. It is evident that such governments as are by them erected and established, have no more power, nor for

no longer time, than the civil power, or people consenting and agreeing, shall betrust them with. This is clear not only in reason, but in the experience of all commonweals, where the people are not deprived of their natural freedom by the power of tyrants.

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And if so-that the magistrates receive their power of Mr. Cotton governing the church from the people-undeniably it English mifollows, that a people, as a people, naturally considered, the govern of what nature or nation soever in Europe, Asia, Africa, church, or or America, have fundamentally and originally, as men, a the hands of power to govern the church, to see her do her duty, to or commoncorrect her, to redress, reform, establish, &c. And if this be not to pull God, and Christ, and Spirit out of heaven, and subject them unto natural, sinful, inconstant men, and so consequently to Satan himself, by whom all peoples naturally are guided, let heaven and earth judge.

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Peace. It cannot, by their own grant, be denied, but The very Inthat the wildest Indians in America ought (and in their cans made kind and several degrees do) to agree upon some forms of the church government, some more civil compact in towns, &c., some less. As also, that their civil and earthly governments be as lawful and true as any governments in the world, and therefore consequently their governors are keepers of the church, of both tables, if any church of Christ should arise or be amongst them: and therefore, lastly, if Christ have betrusted and charged the civil power with his church, they must judge according to their Indian or American consciences, for other consciences it cannot be supposed they should have.

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CHAP. XCIII.

Truth. Again, whereas they say that outward civil peace cannot stand where religion is corrupted; and quote for it 2 Chron. xv. 3, 5, 6, and Judges viii.

I answer, with admiration, how such excellent spirits, as these authors are furnished with, not only in heavenly but earthly affairs, should so forget, and be so fast asleep in things so palpably evident, as to say that outward civil peace cannot stand where religion is corrupt. When so Many civil many stately kingdoms and governments in the world flourishing have long and long enjoyed civil peace and quiet, notquiet where withstanding their religion is so corrupt, as that there is not the very name of Jesus Christ amongst them. And this every historian, merchant, traveller, in Europe, Asia, Africa, America, can testify: for so spake the Lord Jesus himself, John xvi. [20,] The world shall sing and rejoice.

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Secondly, for that scripture, 2 Chron. xv. 3, &c., relating the miseries of Israel and Judah, and God's plagues upon that people for corruption of their religion, it must still have reference to that peculiar state unto which God called the seed of one man, Abraham, in a figure, dealing so with them as he dealt not with any nation in the world, Ps. cxlvii., Rom. ix.

The antitype to this state I have proved to be the Christian church, which consequently hath been and is afflicted with spiritual plagues, desolations, and captivities, for corrupting of that religion which hath been revealed unto them. This appears by the seven churches; and the people of God, now so many hundred years in woful bondage and slavery to the mystical Babel, until the time of their joyful deliverance.

Peace. Yea; but they say that "such laws as are conversant about religion may still be accounted civil laws, as on the contrary an oath doth still remain religious, though conversant about civil matters."

Truth. Laws respecting religion are twofold.

Laws concerning reli

religious

First, such as concern the acts of worship and the wor- gion, either ship itself, the ministers of it, their fitness or unfitness, to be suppressed or established: and for such laws we find no footing in the New Testament of Jesus Christ.

Secondly, laws respecting religion may be such as or civil. merely concern the civil state, bodies, and goods of such and such persons, professing these and these religions; viz., that such and such persons, notorious for mutinies, treasons, rebellions, massacres, be disarmed: again, that no persons, papists, Jews, Turks, or Indians, be disturbed at their worship, a thing which the very Indians abhor to The very In practise toward any. Also, that immunity and freedom to disturb from tax and toll may be granted unto the people of such science at or such a religion, as the magistrate pleaseth, Ezra vii. 24. These and such as are of this nature, concerning only the bodies and goods of such and such religious persons, I confess are merely civil.

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But now, on the other hand, that laws restraining Canons and persons from such and such a worship, because the civil tions prestate judgeth it to be false:—

That laws constraining to such and such a worship,) because the civil state judgeth this to be the only true way of worshipping God:

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

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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.

To that instance of an oath remaining religious, though conversant about civil things; I answer and acknowledge, Laws mere- an oath may be spiritual, though taken about earthly ing spiritual 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.

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First, they have power to publish and apply such civil

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