Papers of the Winthrop Family, Volume 3Note: you've followed an index reference to a note that, due to changes between the print and digital editions, may no longer be on page 505. Please look at all notes at the end of the document or documents on page 505.

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John Winthrop’s Essay against the Power of the Church to Sit in Judgment on the Civil Magistracy1

Winthrop, John

1637-11

That a Church hath not power to Call any Civill Magistrate, to give Account of his Juditiall proceedinge in any Court of Civill Justice: and what the Church may doe in such Causes.

1: The Scripture affords neither Rule nor example of any such power in the Church, but diverse against it: for Christ disclameth it, where he asketh who made him a Judge of dividing Inheritances But if they should have this power, they must of necessitye, be Judges of such thinges: for putt Case, a Magistrate give sentence against a member of a Church, vpon a title of Inheritance, or in an Action of debt or Trespasse, and he beinge offended with the magistrate for it (as supposing it to be vniust) bringes him to the Church for it, then must the Church trye this title, and examine the matter of debt or Trespasse, with all the circumstances of it de integro: else how shall they be able to Judge, whither the magistrate hath given offence to his brother or not?

2: By occasion heerof the Church should become the supreame Court in the Jurisdiction, and capable of all Appeales, and so in trueth meerly Antichrist, by beinge exalted aboue all, that is called God etc:

3: If this were allowed, then the Church should have power to Judge, where it wants meanes to finde out the Trueth: for the Churche cannot call in forrein witnesses: nor examine witnesses vpon Oath, nor require the view of the Records of the Court: all which may be needfull for findinge out the trueth in many Cases.

4: To examine a Civill businesse, in a waye of Judicature (though it ayme not at outward punishment) is an exercise of such Authoritye as Christ forbidds his disciples: the Lords of the Gentiles exercise Authoritye etc.: but you shall not doe so.

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5: Christ his kingdome is not of this world, therefore his officers in this kingdome, cannot Juditially enquire into affaires of this world.

6: Such power would confounde those Jurisdictions, which Christ hath made distinct: for as he is Kinge of Kings and Lord of Lords he hath sett up another kingdome in this worlde, wherein magistrates are his officers, and they are to be accountable to him, for their miscarriages in the waye and order of this kingdome.

7: This would sett Christ against himselfe in his owne Ordinances, without any ordinary meanes of redress and so there must needs be a defecte in his dispensation which cant be: for if the Church (supposinge the Civill magistrate had intrenched vpon Christs spirituall Kingdome) should excommunicate them: and againe the magistrate (supposinge the Officers of the Church had vsurped vpon his Civill Authoritye) should imprison or banishe them: now is Christs kingdom divided, one Ordinance against another, not to moderation but to destruction: and heere is no menes to reconcile them: but if the Rule of Christ be observed, Resist not evill, and submitt yourselues to the higher powers, now is the honor and safetye of 2

It was Luthers Counsell to the Anabaptists (from the example of himself and others of those Churches) that thoughe their magistrates did oppresse and iniure them, yet they should praye for them, and Commende them, and seeke to winne them by gentlenesse etc, and when the Church shall binde kings in chaines and nobles in fetters of iron (ps: 149) (which cannot be meant of Church Censures, for it shalbe in vengeance and Judgment foretold against the heathen) then the meek shalbe beautified with salvation: then Kinges shalbe their nursinge fathers etc: (Esay 49.23) they shall bowe downe to hir and licke the dust of her feet: and none shall hurt or destroye in all the holy mountaine (Isay 65.25): So that the wisdome, piety, and meeknesse of the Church shall winne the hearts of Kinges etc: and binde them so to her in the power of the Gospell, as they shall love the verye earth she treads on; they shall beare that Reverence to her, as she shall need feare no hurt from them, no more than a Child doth from the nurse: therefore no need to binde them by Churche Censures: they were other kinges whom he sayth the people should curse in the dayes of their Calamitye; and yet when they should Curse their Kings, he sayth they should Curse their God allso. (Esay 8.21:) a man may not say to a Kinge, thou art wicked: nor call Princes vngodly. (Job: 34.18).

I denye not but that a private person may privatly reprooue a magistrate 507offendinge, but he may not doe it publicly: except he be publicly called, to beare witnesse to the Trueth, as Stephen was.

I Consent allso, that magistrates should beare with the faylinges of their Christian brethren, when in tender care of the public good and their honor and comfort, they chance to exceede the Limitts of their liberty: but such brethren must then see, and not Justifie their faylings: for Christ bidds us not, forgive our brother, till he saye, it repenteth him.

Ca. November, 1637 1.

W. 1. 121; L. and L. , II. 211–214. The Governor wrote in his Journal (1. 256; also printed in D.J.W. ), after his account of the sentencing of Wheelwright and Mrs. Hutchinson in November, 1637, as follows: “After this, many of the church of Boston, being highly offended with the governor for this proceeding, were earnest with the elders to have him called to account for it; but they were not forward in it, and himself, understanding their intent, thought fit to prevent such a public disorder, and so took occasion to speak to the congregation to this effect.” The occasional parallels between certain phrases in the abstract Winthrop gives of his speech and those of the document here printed suggest that the two were composed at about the same time.

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