us but the illumination of the Holy Spirit so interpreting that scripture as warrantable only to our selves and to such whose consciences we can so perswade can have no other ground in matters of religion but only from the scriptures And these being not possible to be understood without this divine illumination which no man can know at all times to be in himself much less to be at any time for certain in any other it follows cleerly that no man or body of men in these times can be the infallible judges or determiners in matters of religion to any other mens consciences but thir own And therfore those Beroeans are commended Act. 17.11 who after the preaching even of S. Paul searchd the scriptures daily whether those things were so Nor did they more then what God himself in many places commands us by the same apostle to search to try to judge of these things our selves And gives us reason also Gal. 6.4 5. let every man prove his own work and then shall he have rejoicing in himself alone and not in another for every man shall bear his own burden If then we count it so ignorant and irreligious in the papist to think himself dischargd in Gods account beleeving only as the church beleevs how much greater condemnation will it be to the protestant his condemner to think himself justified beleeving only as the state beleevs With good cause therfore it is the general consent of all sound protestant writers that neither traditions councels nor canons of any visibie church much less edicts of any magistrate or civil session but the scripture only can be the final judge or rule in matters of religion and that only in the conscience of every Christian to himself Which protestation made by the first publick reformers of our religion against the imperial edicts of Charls the fifth imposing church-traditions without scripture gave first beginning to the name of Protestant and with that name hath ever bin receivd this doctrine which preferrs the scripture before the church and acknowledges none but the Scripture sole interpreter of it self to the conscience For if the church be not sufficient to be implicitly beleevd as we hold it is not what can there els be nam'd of more autoritie then the church but the conscience then which God only is greater 1 Ioh. 3.20 But if any man shall pretend that the scripture judges to his conscience for other men he makes himself greater not only then the church but also then the scripture then the consciences of other men a presumption too high for any mortal since every true Christian able to give a reason of his faith hath the word of God before him the promisd Holy Spirit and the minde of Christ within him 1 Cor. 2.16 a much better and safer guide of conscience which as far as concerns himself he may far more certainly know then any outward rule impos'd upon him by others whom he inwardly neither knows nor can know at least knows nothing of them more sure then this one thing that they cannot be his judges in religion 1 Cor. 2.15 the spiritual man judgeth all things but he himself is judgd of no man Chiefly for this cause do all true protestants account the pope antichrist for that he assumes to himself this infallibilitie over both the conscience and the scripture siting in the temple of God as it were opposite to God and exalting himself above all that is called god or is worshipd 2 Thess. 2.4 That is to say not only above all judges and magistrates who though they be calld gods are far beneath infallible but also above God himself by giving law both to the scripture to the conscience and to the spirit it self of God within us When as we finde Iames 4.12 there is one lawgiver who is able to save and to destroy who art thou that judgest another That Christ is the only lawgiver of his church and that it is here meant in religious matters no well grounded Christian will deny Thus also S. Paul Rom. 14.4 who art thou that judgest the servant of another to his own Lord he standeth or falleth but he shall stand for God is able to make him stand As therfore of one beyond expression bold and presumptuous both these apostles demand who art thou that presum'st to impose other law or judgment in religion then the only lawgiver and judge Christ who only can save and can destroy gives to the conscience And the forecited place to the Thessalonians by compar'd effects resolvs us that be he or they who or wherever they be or can be they are of far less autoritie then the church whom in these things as protestants they receive not and yet no less antichrist in this main point of antichristianism no less a pope or popedom then he at Rome if not much more by setting up supream interpreters of scripture either those doctors whom they follow or which is far worse themselves as a civil papacie assuming unaccountable supremacie to themselves not in civil only but ecclesiastical causes Seeing then that in matters of religion as hath been prov'd none can judge or determin here on earth no not church-governors themselves against the consciences of other beleevers my inference is or rather not mine but our Saviours own that in those matters they neither can command nor use constraint lest they run rashly on a pernicious consequence forewarnd in that parable Mat. 13. from the 26 to the 31 verse least while ye gather up the tares ye root up also the wheat with them Let both grow together until the harvest and in the time of harvest I will say to the reapers Gather ye together first the tares c. whereby he declares that this work neither his own ministers nor any els can discerningly anough or judgingly perform without his own immediat direction in his own fit season and that they ought till then not to attempt it Which is further confirmd 2 Cor. 1.24 not that we have dominion over your faith but are helpers of your joy If apostles had no dominion or constraining power over faith or conscience much less have ordinary ministers 1 Pet. 5.2 3. feed the flock of God not by constraint c. neither as being lords over Gods heritage But some will object that this overthrows all church-discipline all censure of errors if no man can determin My answer is that what they hear is plane scripture which forbids not church-sentence or determining but as it ends in violence upon the conscience unconvinc'd Let who so will interpret or determin so it be according to true church-discipline which is exercis'd on them only who have willingly joind themselves in that covnant of union and proceeds only to a separation from the rest proceeds never to any corporal inforcement or forfeture of monie which in spiritual things are the two arms of Antichrist not of the true church the one being an inquisition the other no
kingdoms are maintaind all by force onely and yet disproves not that a Christian common-wealth may defend it self against outward force in the cause of religion as well as in any other though Christ himself coming purposely to dye for us would not be so defended 1 Cor. 1.27 God hath chosen the weak things of the world to confound the things which are mighty Then surely he hath not chosen the force of this world to subdue conscience and conscientious men who in this world are counted weakest but rather conscience as being weakest to subdue and regulate force his adversarie not his aide or instrument in governing the church 2 Cor. 10.3 4 5 6. for though we walk in the flesh we do not warre after the flesh for the weapons of our warfare are not carnal but mightie through God to the pulling down of strong holds casting down imaginations and everie high thing that exalts it self against the knowledge of God and bringing into captivitie everie thought to the obedience of Christ and having in a readiness to aveng all disobedience It is evident by the first and second verses of this chapter that the apostle here speaks of that spiritual power by which Christ governs his church how all sufficient it is how powerful to reach the conscience and the inward man with whom it chiefly deals and whom no power els can deal with In comparison of which as it is here thus magnificently describ'd how uneffectual and weak is outward force with all her boistrous tooles to the shame of those Christians and especially those churchmen who to the exercising of church discipline never cease calling on the civil magistrate to interpose his fleshlie force an argument that all true ministerial and spiritual power is dead within them who think the gospel which both began and spread over the whole world for above three hundred years under heathen and persecuting emperors cannot stand or continue supported by the same divine presence and protection to the worlds end much easier under the defensive favor onely of a Christian magistrate unless it be enacted and settled as they call it by the state a statute or a state-religion and understand not that the church it self cannot much less the state settle or impose one tittle of religion upon our obedience implicit but can only recommend or propound it to our free and conscientious examination unless they mean to set the state higher then the church in religion and with a grosse contradiction give to the state in thir settling petition that command of our implicit beleef which they deny in thir setled confession both to the state and to the church Let them cease then to importune and interrupt the magistrate from attending to his own charge in civil and moral things the settling of things just things honest the defence of things religious settled by the churches within themselves and the repressing of thir contraries determinable by the common light of nature which is not to constrain or to repress religion probable by scripture but the violaters and persecuters therof of all which things he hath anough and more then anough to do left yet undon for which the land groans and justice goes to wrack the while let him also forbear force where he hath no right to judge for the conscience is not his province least a worse woe arrive him for worse offending then was denounc'd by our Saviour Matt. 23.23 against the Pharises ye have forc'd the conscience which was not to be forc'd but judgment and mercy ye have not executed this ye should have don and the other let alone And since it is the councel and set purpose of God in the gospel by spiritual means which are counted weak to overcom all power which resists him let them not go about to do that by worldly strength which he hath decreed to do by those means which the world counts weakness least they be again obnoxious to that saying which in another place is also written of the Pharises Luke 7.30 that they frustrated the councel of God The main plea is and urgd with much vehemence to thir imitation that the kings of Iuda as I touchd before and especially Iosia both judgd and us'd force in religion 2 Chr. 34.33 he made all that were present in Israel to serve the Lord thir God an argument if it be well weighed worse then that us'd by the false prophet Shemaia to the high priest that in imitation of Iehojada he ought to put Ieremie in the stocks Ier. 29.24 26 c. for which he receivd his due denouncement from God But to this besides I return a three-fold answer first that the state of religion under the gospel is far differing from what it was under the law then was the state of rigor childhood bondage and works to all which force was not unbefitting now is the state of grace manhood freedom and faith to all which belongs willingness and reason not force the law was then written on tables of stone and to be performd according to the letter willingly or unwillingly the gospel our new covnant upon the heart of every beleever to be interpreted only by the sense of charitie and inward perswasion the law had no distinct government or governors of church and commonwealth but the Priests and Levites judg'd in all causes not ecclesiastical only but civil Deut. 17.8 c. which under the gospel is forbidden to all church-ministers as a thing which Christ thir master in his ministerie disclam'd Luke 12.14 as a thing beneathe them 1 Cor. 6.4 and by many of our statutes as to them who have a peculiar and far differing government of thir own If not why different the governors why not church-ministers in state-affairs as well as state-ministers in church-affairs If church and state shall be made one flesh again as under the law let it be withall considerd that God who then joind them hath now severd them that which he so ordaining was then a lawfull conjunction to such on either side as join again what he hath severd would be nothing now but thir own presumptuous fornication Secondly the kings of Iuda and those magistrates under the law might have recours as I said before to divine inspiration which our magistrates under the gospel have not more then to the same spirit which those whom they force have oft times in greater measure then themselves and so instead of forcing the Christian they force the Holy Ghost and against that wise forewarning of Gamaliel fight against God Thirdly those kings and magistrates us'd force in such things only as were undoubtedly known and forbidden in the law of Moses idolatrie and direct apostacie from that national and strict enjoind worship of God wherof the corporal punishment was by himself expressly set down but magistrates under the gospel our free elective and rational worship are most commonly busiest to force those things which in the gospel are either left free nay somtimes
2 Cor. 10. of which anon and think weakly that the church of God cannot long subsist but in a bodilie fear for want of other prooff will needs wrest that place of S. Paul Rom. 13. to set up civil inquisition and give power to the magistrate both of civil judgment and punishment in causes ecclesiastical But let us see with what strength of argument Let every soul be subject to the higher powers First how prove they that the apostle means other powers then such as they to whom he writes were then under who medld not at all in ecclesiastical causes unless as tyrants and persecuters and from them I hope they will not derive either the right of magistrates to judge in spiritual things or the dutie of such our obedience How prove they next that he intitles them here to spiritual causes from whom he witheld as much as in him lay the judging of civil 1 Cor. 6.1 c. If he himself appeald to Cesar it was to judge his innocence not his religion For rulers are not a terror to good works but to the evil then are they not a terror to conscience which is the rule or judge of good works grounded on the scripture But heresie they say is reck'nd among evil works Gal. 5.20 as if all evil works were to be punishd by the magistrate wherof this place thir own citation reck'ns up besides heresie a sufficient number to confute them uncleanness wantonness enmitie strife emulations animosities contentions envyings all which are far more manifest to be judgd by him then heresie as they define it and yet I suppose they will not subject these evil works nor many more such like to his cognisance and punishment Wilt thou then not be affraid of the power do that which is good and thou shalt have praise of the same This shews that religious matters are not here meant wherin from the power here spoken of they could have no praise For he is the minister of God to thee for good true but in that office and to that end and by those means which in this place must be cleerly found if from this place they intend to argue And how for thy good by forcing oppressing and insnaring thy conscience Many are the ministers of God and thir offices no less different then many none more different then state and church-government Who seeks to govern both must needs be worse then any lord prelat or church-pluralist for he in his own facultie and profession the other not in his own and for the most part not throughly understood makes himself supream lord or pope of the church as far as his civil jurisdiction stretches and all the ministers of God therin his ministers or his curates rather in the function onely not in the government while he himself assumes to rule by civil power things to be rul'd only by spiritual when as this very chapter v. 6 appointing him his peculiar office which requires utmost attendance forbids him this worse then church-plurality from that full and waightie charge wherin alone he is the minister of God attending continually on this very thing To little purpose will they here instance Moses who did all by immediate divine direction no nor yet Asa Iehosaphat or Iosia who both might when they pleasd receive answer from God and had a commonwealth by him deliverd them incorporated with a national church exercis'd more in bodily then in spiritual worship so as that the church might be calld a commonwealth and the whole commonwealth a church nothing of which can be said of Christianitie deliverd without the help of magistrates yea in the midst of thir opposition how little then with any reference to them or mention of them save onely of our obedience to thir civil laws as they countnance good and deterr evil which is the proper work of the magistrate following in the same verse and shews distinctly wherin he is the minister of God a revenger to execute wrath on him that doth evil But we must first know who it is that doth evil the heretic they say among the first Let it be known then certainly who is a heretic and that he who holds opinions in religion professdly from tradition or his own inventions and not from Scipture but rather against it is the only heretic and yet though such not alwaies punishable by the magistrate unless he do evil against a a civil Law properly so calld hath been already prov'd without need of repetition But if thou do that which is evil be affraid To do by scripture and the gospel according to conscience is not to do evil if we therof ought not to be affraid he ought not by his judging to give cause causes therfore of Religion are not here meant For he beareth not the sword in vain Yes altogether in vain if it smite he knows not what if that for heresie which not the church it self much less he can determine absolutely to be so if truth for error being himself so often fallible he bears the sword not in vain only but unjustly and to evil Be subject not only for wrath but for conscience sake how for conscience sake against conscience By all these reasons it appeers planely that the apostle in this place gives no judgment or coercive power to magistrates neither to those then nor these now in matters of religion and exhorts us no otherwise then he exhorted those Romans It hath now twice befaln me to assert through Gods assistance this most wrested and vexd place of scripture heretofore against Salmasius and regal tyranie over the state now against Erastus and state-tyranie over the church If from such uncertain or rather such improbable grounds as these they endue magistracie with spiritual judgment they may as well invest him in the same spiritual kinde with power of utmost punishment excommunication and then turn spiritual into corporal as no worse authors did then Chrysostom Ierom and Austin whom Erasmus and others in thir notes on the New Testament have cited to interpret that cutting off which S. Paul wishd to them who had brought back the Galatians to circumcision no less then the amercement of thir whole virilitie and Grotius addes that this concising punishment of circumcisers became a penal law therupon among the Visigothes a dangerous example of beginning in the spirit to end so in the flesh wheras that cutting off much likelier seems meant a cutting off from the church not unusually so termd in scripture and a zealous imprecation not a command But I have mentiond this passage to shew how absurd they often prove who have not learnd to distinguish rightly between civil power and ecclesiastical How many persecutions then imprisonments banishments penalties and stripes how much bloodshed have the forcers of conscience to answer for and protestants rather then papists For the papist judging by his principles punishes them who beleeve not as the church beleevs though against the scripture but the protestant
A TREATISE OF Civil power IN Ecclesiastical causes SHEWING That it is not lawfull for any power on earth to compell in matters of Religion The author J. M. London Printed by Tho. Newcomb Anno 1659. TO THE PARLAMENT OF THE Commonwealth of ENGLAND with the dominions therof I Have prepar'd supream Councel against the much expected time of your sitting this treatise which though to all Christian magistrates equally belonging and therfore to have bin written in the common language of Christendom natural dutie and affection hath confin'd and dedicated first to my own nation and in a season wherin the timely reading therof to the easier accomplishment of your great work may save you much labor and interruption of two parts usually propos'd civil and ecclesiastical recommending civil only to your proper care ecclesiastical to them only from whom it takes both that name and nature Yet not for this cause only do I require or trust to finde acceptance but in a twofold respect besides first as bringing cleer evidence of scripture and protestant maxims to the Parlament of England who in all thir late acts upon occasion have professd to assert only the true protestant Christian religion as it is containd in the holy scriptures next in regard that your power being but for a time and having in your selves a Christian libertie of your own which at one time or other may be oppressd therof truly sensible it will concern you while you are in power so to regard other mens consciences as you would your own should be regarded in the power of others and to consider that any law against conscience is alike in force against any conscience and so may one way or other justly redound upon your selves One advantage I make no doubt of that I shall write to many eminent persons of your number alreadie perfet and resolvd in this important article of Christianitie Some of whom I remember to have heard often for several years at a councel next in autoritie to your own so well joining religion with civil prudence and yet so well distinguishing the different power of either and this not only voting but frequently reasoning why it should be so that if any there present had bin before of an opinion contrary he might doubtless have departed thence a convert in that point and have confessd that then both commonwealth and religion will at length if ever flourish in Christendom when either they who govern discern between civil and religious or they only who so discern shall be admitted to govern Till then nothing but troubles persecutions commotions can be expected the inward decay of true religion among our selves and the utter overthrow at last by a common enemy Of civil libertie I have written heretofore by the appointment and not without the approbation of civil power of Christian liberty I write now which others long since having don with all freedom under heathen emperors I should do wrong to suspect that I now shall with less under Christian governors and such especially as profess openly thir defence of Christian libertie although I write this not otherwise appointed or induc'd then by an inward perswasion of the Christian dutie which I may usefully discharge herin to the common Lord and Master of us all and the certain hope of his approbation first and chiefest to be sought In the hand of whose providence I remain praying all success and good event on your publick councels to the defence of true religion and our civil rights JOHN MILTON A Treatise of Civil power in Ecclesiastical causes TWo things there be which have bin ever found working much mischief to the church of God and the advancement of truth force on the one side restraining and hire on the other side corrupting the teachers thereof Few ages have bin since the ascension of our Saviour wherin the one of these two or both together have not prevaild It can be at no time therfore unseasonable to speak of these things since by them the church is either in continual detriment and oppression or in continual danger The former shall be at this time my argument the latter as I shall finde God disposing me and opportunity inviting What I argue shall be drawn from the scripture only and therin from true fundamental principles of the gospel to all knowing Christians undeniable And if the governors of this common-wealth since the rooting out of prelats have made least use of force in religion and most have favord Christian liberty of any in this Iland before them since the first preaching of the gospel for which we are not to forget our thanks to God and their due praise they may I doubt not in this treatise finde that which not only will confirm them to defend still the Christian liberty which we enjoy but will incite them also to enlarge it if in aught they yet straiten it To them who perhaps herafter less experienc'd in religion may come to govern or give us laws this or other such if they please may be a timely instruction however to the truth it will be at all times no unneedfull testimonie at least some discharge of that general dutie which no Christian but according to what he hath receivd knows is requir'd of him if he have aught more conducing to the advancement of religion then what is usually endeavourd freely to impart it It will require no great labor of exposition to unfold what is here meant by matters of religion being as soon apprehended as defin'd such things as belong chiefly to the knowledge and service of God and are either above the reach and light of nature without revelation from above and therfore liable to be variously understood by humane reason or such things as are enjoind or forbidden by divine precept which els by the light of reason would seem indifferent to be don or not don and so likewise must needs appeer to everie man as the precept is understood Whence I here mean by conscience or religion that full perswasion whereby we are assur'd that our beleef and practise as far as we are able to apprehend and probably make appeer is according to the will of God his Holy Spirit within us which we ought to follow much rather then any law of man as not only his word every where bids us but the very dictate of reason tells us Act. 4.19 whether it be right in the sight of God to hearken to you more then to God judge ye That for beleef or practise in religion according to this conscientious perswasion no man ought be punishd or molested by any outward force on earth whatsoever I distrust not through Gods implor'd assistance to make plane by these following arguments First it cannot be deni'd being the main foundation of our protestant religion that we of these ages having no other divine rule or autoritie from without us warrantable to one another as a common ground but the holy scripture and no other within