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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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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 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
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
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