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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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abolishd when by them compelld or els controverted equally by writers on both sides and somtimes with odds on that side which is against them By which means they either punish that which they ought to favor and protect or that with corporal punishment and of thir own inventing which not they but the church hath receivd command to chastise with a spiritual rod only Yet some are so eager in thir zeal of forcing that they refuse not to descend at length to the utmost shift of that parabolical prooff Luke 14.16 c. compell them to come in therfore magistrates may compell in religion As if a parable were to be straind through every word or phrase and not expounded by the general scope therof which is no other here then the earnest expression of Gods displeasure on those recusant Jewes and his purpose to preferre the gentiles on any terms before them expressd here by the word compell But how compells he doubtless no otherwise then he draws without which no man can come to him Ioh. 6.44 and that is by the inward perswasive motions of his spirit and by his ministers not by the outward compulsions of a magistrate or his officers The true people of Christ as is foretold Psal. 110.3 are a willing people in the day of his power then much more now when he rules all things by outward weakness that both his inward power and their sinceritie may the more appeer God loveth a chearfull giver then certainly is not pleasd with an unchearfull worshiper as the verie words declare of his euangelical invitations Esa. 55.1 ho everie one that thirsteth come Ioh. 7.37 if any man thirst Rev. 3.18 I counsel thee and 22.17 whosoever will let him take the water of life freely And in that grand commission of preaching to invite all nations Marc 16.16 as the reward of them who come so the penaltie of them who come not is only spiritual But they bring now some reason with thir force which must not pass unanswerd that the church of Thyatira was blam'd Rev. 2.20 for suffering the false prophetess to teach and to seduce I answer that seducement is to be hinderd by fit and proper means ordaind in church-discipline by instant and powerfull demonstration to the contrarie by opposing truth to error no unequal match truth the strong to error the weak though slie and shifting Force is no honest confutation but uneffectual and for the most part unsuccessfull oft times fatal to them who use it sound doctrine diligently and duely taught is of herself both sufficient and of herself if some secret judgment of God hinder not alwaies prevalent against seducers This the Thyatirians had neglected suffering against Church-discipline that woman to teach and seduce among them civil force they had not then in thir power being the Christian part only of that citie and then especially under one of those ten great persecutions wherof this the second was raisd by Domitian force therfore in these matters could not be requir'd of them who were then under force themselves I have shewn that the civil power hath neither right nor can do right by forcing religious things I will now shew the wrong it doth by violating the fundamental privilege of the gospel the new-birthright of everie true beleever Christian libertie 2 Cor. 3.17 where the spirit of the Lord is there is libertie Gal. 4.26 Ierusalem which is above is free which is the mother of us all and 31. we are not children of the bondwoman but of the free It will be sufficient in this place to say no more of Christian libertie then that it sets us free not only from the bondage of those ceremonies but also from the forcible imposition of those circumstances place and time in the worship of God which though by him commanded in the old law yet in respect of that veritie and freedom which is euangelical S. Paul comprehends both kindes alike that is to say both ceremonie and circumstance under one and the same contemtuous name of weak and beggarly rudiments Gal. 4.3.9 10. Col. 2.8 with 16 conformable to what our Saviour himself taught Iohn 4.21 23. neither in this mountain nor yet at Ierusalem In spirit and in truth for the father seeketh such to worship him that is to say not only sincere of heart for such he sought ever but also as the words here chiefly import not compelld to place and by the same reason not to any set time as his apostle by the same spirit hath taught us Rom. 14.6 c. one man esteemeth one day above another another c. Gal. 4.10 Ye observe dayes and moonths c. Coloss. 2.16 These and other such places of scripture the best and learnedest reformed writers have thought evident anough to instruct us in our freedom not only from ceremonies but from those circumstances also though impos'd with a confident perswasion of moralitie in them which they hold impossible to be in place or time By what warrant then our opinions and practises herin are of late turnd quite against all other Protestants and that which is to them orthodoxal to us become scandalous and punishable by statute I wish were once again better considerd if we mean not to proclame a schism in this point from the best and most reformed churches abroad They who would seem more knowing confess that these things are indifferent but for that very cause by the magistrate may be commanded As if God of his special grace in the gospel had to this end freed us from his own commandments in these things that our freedom should subject us to a more greevous yoke the commandments of men As well may the magistrate call that common or unclean which God hath cleansd forbidden to S. Peter Acts 10.15 as well may he loos'n that which God hath strait'nd or strait'n that which God hath loos'nd as he may injoin those things in religion which God hath left free and lay on that yoke which God hath taken off For he hath not only given us this gift as a special privilege and excellence of the free gospel above the servile law but strictly also hath commanded us to keep it and enjoy it Gal. 5.13 you are calld to libertie 1 Cor. 7.23 be not made the servants of men Gal. 5.14 stand fast therfore in the libertie wherwith Christ hath made us free and be not intangl'd again with the yoke of bondage Neither is this a meer command but for the most part in these forecited places accompanied with the verie waightiest and inmost reasons of Christian religion Rom. 14.9 10. for to this end Christ both dy'd and rose and reviv'd that he might be Lord both of the dead and living But why dost thou judge thy brother c. how presum'st thou to be his lord to be whose only Lord at least in these things Christ both dy'd and rose and livd again We shall all stand before the judgment seat of Christ why then dost
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
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