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A50959 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. Milton, John, 1608-1674. 1659 (1659) Wing M2185; ESTC R13133 23,223 97

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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
better then a temporal indulgence of sin for monie whether by the church exacted or by the magistrate both the one and the other a temporal satisfaction for what Christ hath satisfied eternally a popish commuting of penaltie corporal for spiritual a satisfaction to man especially to the magistrate for what and to whom we owe none these and more are the injustices of force and fining in religion besides what I most insist on the violation of Gods express commandment in the gospel as hath bin shewn Thus then if church-governors cannot use force in religion though but for this reason because they cannot infallibly determin to the conscience without convincement much less have civil magistrates autoritie to use force where they can much less judge unless they mean only to be the civil executioners of them who have no civil power to give them such commission no nor yet ecclesiastical to any force or violence in religion To summe up all in brief if we must beleeve as the magistrate appoints why not rather as the church if not as either without convincement how can force be lawfull But some are ready to cry out what shall then be don to blasphemie Them I would first exhort not thus to terrifie and pose the people with a Greek word but to teach them better what it is being a most usual and common word in that language to signifie any slander any malitious or evil speaking whether against God or man or any thing to good belonging blasphemie or evil speaking against God malitiously is far from conscience in religion according to that of Marc 9.39 there is none who doth a powerfull work in my name and can likely speak evil of me If this suffice not I referre them to that prudent and well deliberated act August 9. 1650 where the Parlament defines blasphemie against God as far as it is a crime belonging to civil judicature pleniùs ac meliùs Chrysippo Crantore in plane English more warily more judiciously more orthodoxally then twice thir number of divines have don in many a prolix volume although in all likelihood they whose whole studie and profession these things are should be most intelligent and authentic therin as they are for the most part yet neither they nor these unnerring always or infallible But we shall not carrie it thus another Greek apparition stands in our way heresie and heretic in like manner also rail'd at to the people as in a tongue unknown They should first interpret to them that heresie by what it signifies in that language is no word of evil note meaning only the choise or following of any opinion good or bad in religion or any other learning and thus not only in heathen authors but in the New testament it self without censure or blame Acts 15.5 certain of the heresie of the Pharises which beleevd and 26.5 after the exactest heresie of our religion I livd a Pharise In which sense Presbyterian or Independent may without reproach be calld a heresie Where it is mentiond with blame it seems to differ little from schism 1 Cor. 11.18 19. I hear that there be schisms among you c. for there must also heresies be among you though some who write of heresie after their own heads would make it far worse then schism when as on the contrarie schism signifies division and in the worst sense heresie choise only of one opinion before another which may bee without discord In apostolic times therfore ere the scripture was written heresie was a doctrin maintaind against the doctrin by them deliverd which in these times can be no otherwise defin'd then a doctrin maintaind against the light which we now only have of the scripture Seeing therfore that no man no synod no session of men though calld the church can judge definitively the sense of scripture to another mans conscience which is well known to be a general maxim of the Protestant religion it follows planely that he who holds in religion that beleef or those opinions which to his conscience and utmost understanding appeer with most evidence or probabilitie in the scripture though to others he seem erroneous can no more be justly censur'd for a heretic then his censurers who do but the same thing themselves while they censure him for so doing For ask them or any Protestant which hath most autoritie the church or the scripture they will answer doubtless that the scripture and what hath most autoritie that no doubt but they will confess is to be followd He then who to his best apprehension follows the scripture though against any point of doctrine by the whole church receivd is not the heretic but he who follows the church against his conscience and perswasion grounded on the scripture To make this yet more undeniable I shall only borrow a plane similie the same which our own writers when they would demonstrate planest that we rightly preferre the scripture before the church use frequently against the Papist in this manner As the Samaritans beleevd Christ first for the womans word but next and much rather for his own so we the scripture first on the churches word but afterwards and much more for its own as the word of God yea the church it self we beleeve then for the scripture The inference of it self follows if by the Protestant doctrine we beleeve the scripture not for the churches saying but for its own as the word of God then ought we to beleeve what in our conscience we apprehend the scripture to say though the visible church with all her doctors gainsay and being taught to beleeve them only for the scripture they who so do are not heretics but the best protestants and by their opinions whatever they be can hurt no protestant whose rule is not to receive them but from the scripture which to interpret convincingly to his own conscience none is able but himself guided by the Holy Spirit and not so guided none then he to himself can be a worse deceiver To protestants therfore whose common rule and touchstone is the scripture nothing can with more conscience more equitie nothing more protestantly can be permitted then a free and lawful debate at all times by writing conference or disputation of what opinion soever disputable by scripture concluding that no man in religion is properly a heretic at this day but he who maintains traditions or opinions not probable by scripture who for aught I know is the papist only he the only heretic who counts all heretics but himself Such as these indeed were capitally punishd by the law of Moses as the only true heretics idolaters plane and open deserters of God and his known law but in the gospel such are punishd by excommunion only Tit. 3.10 an heretic after the first and second admonition reject But they who think not this heavie anough and understand not that dreadfull aw and spiritual efficacie which the apostle hath expressd so highly to be in church-discipline
teaching every one to beleeve the scripture though against the church counts heretical and persecutes against his own principles them who in any particular so beleeve as he in general teaches them them who most honor and beleeve divine scripture but not against it any humane interpretation though universal them who interpret scripture only to themselves which by his own position none but they to themselves can interpret them who use the scripture no otherwise by his own doctrine to thir edification then he himself uses it to thir punishing and so whom his doctrine acknowledges a true beleever his discipline persecutes as a heretic The papist exacts our beleef as to the church due above scripture and by the church which is the whole people of God understands the pope the general councels prelatical only and the surnam'd fathers but the forcing protestant though he deny such beleef to any church whatsoever yet takes it to himself and his teachers of far less autoritie then to be calld the church and above scripture beleevd which renders his practise both contrarie to his beleef and far worse then that beleef which he condemns in the papist By all which well considerd the more he professes to be a true protestant the more he hath to answer for his persecuting then a papist No protestant therfore of what sect soever following scripture only which is the common sect wherin they all agree and the granted rule of everie mans conscience to himself ought by the common doctrine of protestants to be forc'd or molested for religion But as for poperie and idolatrie why they also may not hence plead to be tolerated I have much less to say Their religion the more considerd the less can be acknowledgd a religion but a Roman principalitie rather endevouring to keep up her old universal dominion under a new name and meer shaddow of a catholic religion being indeed more rightly nam'd a catholic heresie against the scripture supported mainly by a civil and except in Rome by a forein power justly therfore to be suspected not tolerated by the magistrate of another countrey Besides of an implicit faith which they profess the conscience also becoms implicit and so by voluntarie servitude to mans law forfets her Christian libertie Who then can plead for such a conscience as being implicitly enthrald to man instead of God almost becoms no conscience as the will not free becoms no will Nevertheless if they ought not to be tolerated it is for just reason of state more then of religion which they who force though professing to be protestants deserve as little to be tolerated themselves being no less guiltie of poperie in the most popish point Lastly for idolatrie who knows it not to be evidently against all scripture both of the Old and New Testament and therfore a true heresie or rather an impietie wherin a right conscience can have naught to do and the works therof so manifest that a magistrate can hardly err in prohibiting and quite removing at least the publick and scandalous use therof From the riddance of these objections I proceed yet to another reason why it is unlawfull for the civil magistrate to use force in matters of religion which is because to judge in those things though we should grant him able which is prov'd he is not yet as a civil magistrate he hath no right Christ hath a government of his own sufficient of it self to all his ends and purposes in governing his church but much different from that of the civil magistrate and the difference in this verie thing principally consists that it governs not by outward force and that for two reasons First because it deals only with the inward man and his actions which are all spiritual and to outward force not lyable secondly to shew us the divine excellence of his spiritual kingdom able without worldly force to subdue all the powers and kingdoms of this world which are upheld by outward force only That the inward man is nothing els but the inward part of man his understanding and his will and that his actions thence proceeding yet not simply thence but from the work of divine grace upon them are the whole matter of religion under the gospel will appeer planely by considering what that religion is whence we shall perceive yet more planely that it cannot be forc'd What euangelic religion is is told in two words faith and charitie or beleef and practise That both these flow either the one from the understanding the other from the will or both jointly from both once indeed naturally free but now only as they are regenerat and wrought on by divine grace is in part evident to common sense and principles unquestiond the rest by scripture concerning our beleef Mat. 16.17 flesh and blood hath not reveald it unto thee but my father which is in heaven concerning our practise as it is religious and not meerly civil Gal. 5.22 23 and other places declare it to be the fruit of the spirit only Nay our whole practical dutie in religion is containd in charitie or the love of God and our neighbour no way to be forc'd yet the fulfilling of the whole law that is to say our whole practise in religion If then both our beleef and practise which comprehend our whole religion flow from the faculties of the inward man free and unconstrainable of themselves by nature and our practise not only from faculties endu'd with freedom but from love and charitie besides incapable of force and all these things by transgression lost but renewd and regenerated in us by the power and gift of God alone how can such religion as this admit of force from man or force be any way appli'd to such religion especially under the free offer of grace in the gospel but it must forthwith frustrate and make of no effect both the religion and the gospel And that to compell outward profession which they will say perhaps ought to be compelld though inward religion cannot is to compell hypocrisie not to advance religion shall yet though of it self cleer anough be ere the conclusion further manifest The other reason why Christ rejects outward force in the goverment of his church is as I said before to shew us the divine excellence of his spiritual kingdom able without worldly force to subdue all the powers and kingdoms of this world which are upheld by outward force only by which to uphold religion otherwise then to defend the religious from outward violence is no service to Christ or his kingdom but rather a disparagement and degrades it from a divine and spiritual kingdom to a kingdom of this world which he denies it to be because it needs not force to confirm it Ioh. 18.36 if my kingdom were of this world then would my servants fight that I should not be deliverd to the Iewes This proves the kingdom of Christ not governd by outward force as being none of this world whose
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