A free disputation against pretended liberty of conscience tending to resolve doubts moved

nor can it be said that Church-censures are spiritual punishments and so work on the spirit, and have instructing, rebuking and exhorting going before, but the sword is a bodily punishment, and hath not instructing going before. For I answer though these two punishments differ, yet they agree that formally both are alike compulsory of the conscience, and neither of them act upon the spirit by teaching and instructing as the word doth, so as excommunication of a heretic should have instructing and convincing going before, so should also the Magistrate presuppose, before he strike with the sword, that the false teacher hath been instructed and convinced, and so he doth formally punish him with the sword, for his pertinacious perverting of souls.

nor can it be said that Church-censures are spirituall punishments and so work on the spirit, and have instructing, rebuking and exhorting going before, but the sword is a bodily punishment, and hath not instructing going before. For I answer though these two punishments differ, yet they agree that formally both are alike compulsory of the conscience, and neither of them act upon the spirit by teaching and instructing as the word doth, so as excommunication of a heretick should have instructing and convincing going before, so should also the Magistrate presuppose, before he strike with the sword, that the false teacher hath been instructed and convinced, and so he doth formally punish him with the sword, for his pertinacious perverting of souls.

3. Nor can it be replied that men should not be punished for either opinions, or for holding opinions that slow from mere conscience, when they publish preach and print them from no principle, but mere conscience, not for gain or a morsel of bread, or for preferment in the state or Army. To this I answer, ⟨p. 49⟩lay aside opinions and answer me this, how the Judges that are for liberty of conscience are not to punish some words except they would be guilty of persecution, to wit, such as these, the Trinity is but a fiction, Christ is no more God then another holy man. Yea, Christ was but an Impostor, and yet they punish words and deeds of the same kind that come from mere conscience. The answer must be, the former words are from mere conscience and the publishers thereof will swear they hold them as the mere enforcing light and judgement of their conscience; But these other words and deeds which the Magistrate censures, are not from mere conscience. But I believe these that acted in the late controverted Parliament and by virtue thereof, yea and many Godly men of them that are punished by the Judges and many of the Godly that fled for fear act from mere conscience, and will swear they did so act according to their sworn covenant, and to prevent a new war: and that they did it neither for gain, nor for preferment in State or Army. And if it were referred to the consciences of most of the Army why they disbanded not when the Parliament commanded them, but do by their practices treat a war to themselves and the land (a judgement of God of all others the saddest) when they have none to fight against but shadows and enemies of straw and hay; I judge they would swear that they judged the charge of the Houses against their conscience,