Five disputations of church-government and worship

Prop. 5. Magistrates are not eo nomine obliged to punish men because they are Excommunicated (whether upon every just Excommunication they should punish, I will not now dispute) but they are bound to know that their penalties be deserved, before they inflict them; and therefore must themselves take Cognisance of the Cause, and as rational agents, understand before they act; and not blindly follow the Judgements of the Bishops, as if they were but as Executioners where the Bishops are Judges.

Prop. 6. ^*The Power of the highest Church-governors is but an Authority of Directing in the way to salvation: It is but Directive: but then there is no room for the common Objection, that [then it is no greater then any other man may perform;] for it is one thing to Direct Occasionally from Charity, and another thing to Direct by Authority in a standing office, as purposely appointed hereunto. ^†The Power of Church-Governors is but ⟨p. 7⟩of the same nature as is the Power of a Physician over his Patients, or of a School-master over his Scholars, supposing he had not the power of the rod or actual force, but such a power as the Professors of Philosophy or other sciences had in their several schools upon the adult (nor all so great neither; because the Laws by which we must rule, are made to our hands, as to the substantials.) Hence therefore it is plain, that as we can bind or force no man to believe us, or to understand the truth, and to be Christians, but by the power of demonstrated Evidence, and by the light which we let in (through Gods grace) into their Consciences, so neither can we cause any to execute our sentences against offenders further than by light we convince them that it is their duty: so that if all the Bishops or Presbyteries in the land should judge such or such an opinion to be heresy, and should Excommunicate those that own it as heretics, in this case if the Church do believe as the Pastors believe, they will consent and avoid the Excommunicate person; but if they take it to be Gods truth which the Pastors call heresy, they will not take themselves bound by that sentence to avoid him: nor will the Offender himself any further be sensible of a penalty in the sentence, then he shall be convinced that he hath erred; and if the Church avoid him, he will justify himself, and judge that they do it wrongfully, and will glory in his suffering: so that it is on the Conscience that Church-Governors can work; and no otherwise on the outward man, but mediante Conscientiâ.