Winthrop Papers, III, 505-507, Massachusetts Historical Society, Boston, 1943.
That a Church hath not the power to call any civil magistrate to give account of his judicial proceedings in any court of civil justice: and what the Church may do in such causes.
1. The Scripture affords neither rule nor example of any such power in the Church, but diverse against it: for Christ disclaims it, where he asks who made him a judge dividing inheritances. But if they should have this power, they must of necessity be judges of such things. For put case: a magistrate gives sentence against a member of a Church, upon a title of inheritance, or in an action of debt or trespass, and he, being offended with the magistrate for it (as supposing it to be unjust), brings him to the Church for it. Then must the Church try this title and examine the matter of debt or trespass, with all the circumstances of it de integro; else how shall they be able to judge whether the magistrate has given offense to his brother or not?
2. By occasion hereof the Church should become the supreme court in the jurisdiction and capable of all appeals, and so in truth merely Antichrist, by being exalted above all that is called God, etc.
3. If this were allowed, then the Church should have power to judge where it lacks means to find out truth: for the Church cannot call in foreign witnesses, nor examine witnesses upon oath, nor require the view of the records of the court—all which may be needful for finding out the truth in many cases.
4. To examine civil business in a way of judicature (though it aim not at outward punishment) is an exercise of such authority as Christ forbids his disciples: "The Lords of the Gentiles exercise authority... but you shall not do so."
5. Christ said his kingdom is not of this world; therefore, his officers in this kingdom cannot judicially inquire into affairs of this world.
6. Such power would confound those jurisdictions which Christ has made distinct: for he is King of Kings and Lord of Lords. He has set up another kingdom in this world wherein magistrates are his officers, and they are to be accountable to him for their miscarriages in the way and order of this kingdom.
7. This would set Christ against himself in his own ordinances, without any ordinary means of redress—and so there must needs be a defect in his dispensation, which cannot be. For if the Church (supposing the civil magistrate had intrenched upon Christ's spiritual kingdom) should excommunicate them, and against the magistrate (supposing the officers of the Church had usurped upon his civil authority) should imprison or banish them—now is Christ's kingdom divided, one ordinance against another, not to moderation but to destruction. And here is no means to reconcile them. But if the rule of Christ be observed, "Resist not evil" and "Submit yourselves to the higher powers," now is the honor and safety of...
[At this point there appears to be at least one leaf of text missing.]
It was Luther's counsel to the Anabaptists (from the example of himself and others of those churches) that though their magistrates did oppress and injure them, yet they should pray for them, commend them, and seek to win them by gentleness, etc. And when the Church shall bind kings in chains and nobles in fetters of iron (Psalm 149)—which cannot be meant of Church censures, for it shall be in vengeance and judgment foretold against the heathen—then the meek shall be beautified with salvation. Then kings shall be their nursing fathers, etc. (Isaiah 49:23), they shall bow down to her and lick the dust of her feet; and none shall hurt or destroy in all the holy mountain (Isaiah 65:25). So that the wisdom, piety, and meekness of the Church shall win the hearts of kings, etc., and bind them so to her in the power of the Gospel, as they shall love the very earth she treads on; they shall bear that reverence to her, as she shall need fear no hurt from them, no more than a child does from the nurse. Therefore, no need to bind them by Church censures. They were other kings whom, saith he, the people should curse in the days of their calamity; and yet when they should curse their kings, he saith they should curse their God also (Isaiah 8:21): a man may not say to a king, "Thou art wicked," nor call princes ungodly (Job 34:18).
I deny not but that a private person may privately reprove a magistrate offending, but he may not do it publicly, except he be publicly called to bear witness to the truth, as Stephen was.
I consent also, the magistrates should bear with the failings of their Christian brethren when, in tender care of the public good and their honor and comfort, they chance to exceed the limits of their liberty. But such brethren must then see and not justify their failings: for Christ bids us not forgive our brother till he say, "It repenteth him."
[ca. November 1637]