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
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