[ The Judicial law; its continuing authority]
” 1. Though we have clear and full scriptures in the New Testament of the abolishing the ceremonial law, yet we no where read in all the New Testament of the abolishing of the judicial law, so far as it did concern the punishing of sins against the moral law, of which heresy and seducing of souls is one, and a great one. Once God did reveal his will for punishing those sins by such and such punishments. He who will hold that the Christian Magistrate is not bound to inflict such punishments for such sins, is bound to prove that those former laws of God are abolished, and show some Scripture for it.”
George Gillespie, Wholesome Severity Reconciled with Christian Liberty, Lon. 1645 (reprinted in;Naphtali Press, Anthology of Presbyterian & Reformed Literature, Volume 4. Dallas Texas, 1991) pp.183
[Capital punishment by magistrates]
” It is but a poor argument whereby Bishop Bilson, Of the Government of the Church, chap.4, would prove the cutting off not to be meant of excommunication, because it is applied even to capital offences, such as the law elsewhere appointeth men to be put to death for, as if it were any absurdity to say, that one and the same offence is to be punished sub formalitate scandali with excommunication, and sub formalitate criminis with capital punishment; and who knoweth not that a capital crime is a cause of excommunication, which is also sometimes the sole punishment, the magistrate neglecting his duty. If a known blashemer or incestuous person be not cut off by the magistrate, as he ought by the Law of God, shall he therefore not be cut off by excommunication. If he had proved that all the causes of cutting off in the law were capital crimes, he had said much; but that will never be proved.”
George Gillespie** 1613-1648 Aaron ’s Rod Blossoming; p. 30
[ The Magistrates duty to enforce punishments against law].
” 2. I heartily yield that a lawful magistrate, whether Christian or heathen, ought to be a keeper or guardian of both tables; and, as God’s vicegerent, hath authority to punish heinous sins against either table, by civil or corporal punishments, which proves nothing against a distinct church government for keeping pure the ordinances of Christ.”
George Gillespie** 1613-1648 ibid., p. 67
For more on Gillespie’s view of Church and State as well as an argument that the idea of “general equity” in the Westminster Confession Of Faith 19:4 was a consensus phrase that allowed for many interpretations see,
http://www.natreformassn.org/statesman/94/gillesp.html
