Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	according_a	great_a	judge_v	1,834	5	6.3536	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45124	The authority of magistrate about religion discussed in a rebuke to the preacher of a late book of Bishop Bramhalls, being a confutation of that mishapen tenent, of the magistrates authority over the conscience in the matters of religion, and better asserting of his authority ecclesiastical, by dividing aright between the use of his sword about religious affairs, and tenderness towards mens consciences : and also for vindication of the grateful receivers of His Majesties late gracious declaration, against his and others aspersions / by J.H.	Humfrey, John, 1621-1719.	1672 (1672)	Wing H3669; ESTC R20217	60,044	138

such where the Superiour commands what he ought I will express it if you will in other words When the Superiour commands any thing which he ought we are obliged for conscience sake and the fifth Commandment requires us to do the thing or else we break that command because this thing bears in it the authority of both Commanders when he commands any thing which he ought not we are obliged for wrath's sake and the fifth Commandment requires only that we do not resist so that if we resist not we give that honour and pay that duty to the Magistrate which we owe in this case If we suffer with submission or obey rather then suffer or avoid both the grievance and suffering with prudence neither bringing contempt on his Authority or inducing our Brethren to sin we are to account that we answer the intent of this Commandment I must add still that this is as much too as the Magistrate himself need desire in the Earth seeing if he be strict upon it and the thing be not sinful he may take any body do what he please upon this account As for our Prefacer it must be yet a greater reproof to his undertaking that in this endeavour of his to set up an Authority in the Magistrate over the Conscience in all matters External he is certainly fallen in with Mr Hobs whom yet to avoid the odium he is fain himself to confute For when that more considerable person according to his principles of Government makes all men by nature before they come into society to be in a state of War that gives every man right to every thing which right upon their agreement into a Common-wealth is given up he counts into the hands of the Soveraign to determine Propriety so that his will thenceforth becomes the measure of right and wrong to the Community he proceeds so far upon the conceit as to condemn these two positions That every man is judge of good and evil Doctrine That whatsoever a man does against his conscience is sin See his Leviathan C. 29. Now let us compare this ingenuously as we ought seeing else it is so bad with other places in his Book That Subjects owe to Soveraigns simple obedience in all things wherein their obedience is not repugnant to the Laws of God I have proved C. 31. Again It is manifest enough that when a man receiveth two contrary commands and knows that one of them is Gods he ought to obey that and not the other though it be the command of his lawful Soveraign or his Father C. 43. It does appear then when the Ecclesiastical Polititian does confine the authority he gives the Magistrate over the conscience to external and indifferent things allowing the authority of the conscience over the Magistrates in things intrinsecally sinful and expresly forbidden by God he does but the same which Mr. Hobs does also if you compare them equally taking one place with another But herein are they wicked companions both that they should once offer to take away from reasonable Agents a judgement of private discretion in any concernment of conscience whatsoever One may easily indeed perceive what the Contents of this young mans papers do amount unto He dare not take off all obligations of good and evil from mens consciences antecedent to humane Laws as Hobs in that one place though otherwhere as it seems he intended not so far hath done because this were not only the way to ruine Religion but his name and to bring all Government also to ruine which he engages to assert But he would take off all obligations from mens consciences in the whole business of Conformity antecedent to the will of the Parliament and Bishops so as their Acts must be the rule of good and evil to us as to these matters He does tell us indeed of a liberty to our Judgments and to our Faith but when he will allow us to judge and believe of these things as we do and would yet have us account that the publick conscience the Laws and not the private dictates of our own must govern our outward actions it does bring to my mind one passage more in his Friend What if a Soveraign forbids his Subjects to believe in Christ I answer says Mr. Hobs it is no effect because belief or unbelief never follow mans Commands But what if we be commanded to confess with our Tongues It is an external thing and no more then any other gesture whereby we signifie our obedience and a Christian holding firmly in his heart the Faith of Christ hath the same liberty herein with Naaman Leviathan C. 42. There are no passages but this and that one before cited that in my reading over that Book I observed to be so extream bad as folks ordinarily talk but this I noted for a Devilish Doctrine seeing it is offered thus indefinitely for it is directly contrary to all the Holy Martyrs belief and practise and the express institution of our Lord that he that confesses him before men he will acknowledge and he that denieth him he will deny before his Heavenly Father Yet if any will be so kind to the old Gentleman as I have been before to produce some passages otherwhere that may confine h●s meaning here to such compliances of the Tongue and Knee only as are required in the impositions of Vniformity and no other but such then shall the old Leviathan and the young Leviathan agree very throughly in their opinion And why the young one should fall upon his Sire so foully as he hath done whom above all men being alone of his side he should have rather endeavoured to excuse unless out of shew onely and for a coulour or out of invenility and vanity he shall for me have the Tripos or be the eighth man who can give me a good reason I perceive indeed that two points and both of which I have had long in my thoughts are harled together through the skein of this Prefacers Discourse that is the Magistrates Authority in Religion and the Obligation of human Laws It will be expedient for me to dispatch the one quite out of my hands being already done in another Book to be at liberty to attend the other presently altogether By what hath been then laid down it may appear that the right and relation of a Subject to his Soveraign may be held good when yet there are it may be some of his Laws not obeyed Some Laws there are which a man must rather suffer or dye then obey as the Roman Emperors commanding Sacrifice to their Gods Some we are to obey out of conscience such are all the wholesome Laws of a mans Countrey Some there are that we obey out of prudence rather then suffer which yet we do not judge our selves bound to obey for fear of sin or of Gods displeasure The great question then arises what is that rule according to which the Laws of men are to be measured that we may

they must be done rather then we resist or suffer they do not bind us in our consciences The will of God that such a one should command is I say power in the root This will is that he command nothing but for our edification or the common good According to the power given us of God for edification If his command then be not indeed such it is destitute of Gods authority and becoming thereby a command in foro alieno that is in foro exteriori onely and in aliena materia the conscience whose adaequate rule the will of God only is must be left to its liberty The Body indeed is bound says Dr. Taylor and we must suffer patiently the evil which we cannot deprecate but Laws that are made to purposes beyond these measures do no ways oblige the conscience He is the Minister of God for good says St. Paul otherwise he is not Gods Minister and hath to other purposes none of Gods authority and therefore cannot oblige the conscience to an active obedience in such where the power is incompetent to command Duc. Dub. B. 3. c. 1. r. 3. Having then granted and stated one member of the distinction I must come to the other which is that though the Magistrate hath an authority over his Subjects in the matters of Religion as well as civil matters yet hath he no authority for all that over the conscience of any Conscience is the judgement of a man concerning himself and actions with reference to the Judgement of God It is a faculty whereby we discern what is Gods Judgement of us and our actions and there is no man must do any thing contrary to that judgement If the Magistrate then have power over the conscience in any thing whatsoever he must have power either to make us change our judgement of that thing and judge otherwise or else though we judge thus to do otherwise then that judgement that is though we judge that it is Gods will we should do thus the command of the Magistrate shall make it lawful for us to do oterwise The first of these is against reason there is no man can make himself to judge otherwise of a thing in good earnest then he does judge and it cannot then be in the power of the Magistrate to make him do it any more then it is in his power to make him fly in the Air or live under water This is so manifest that this ingenious Author hath spoken enough of it himself in his first Book The latter is against Piety for to do the thing which I judge to be the will of God I should not do because the Magistrate does command it is manifestly a preferring the will of Man before Gods that is an having of other Gods before him which is the sin of the first Commandment The truth is to go about the making of the Magistrates will to be the rule of conscience in any thing let it be what it will is manifestly to defloure conscience to make that which is peculiar to God to be common with man or profane For con-scientia importing in the very word and thing the judgement of God together with ours it must be his will and that alone must be the rule of it and if any thing else be once made its rule it is gone If the Magistrate have an authority over the conscience in any thing the reason will be the same for all I mean if I may do any thing which I judge contrary to Gods will which judgement I say is my conscience then cannot that be a reason to restrain me in another The reason why I dare not commit Adultery or do the like hainous crime is because it is against my conscience and if that reason be rendred insufficient that a thing may be done though it be against a mans conscience there is an end of Religion If the Magistrate have an authority over the conscience then must the internal acts of men be subject to his Government when it is God only that knows and can rule the heart But Grotius hath taught us well here There are internal acts of men and the external Those acts of men says he which do subiacere humano imperio are his external acts only and our internal acts can be commanded no further then they are concerned in the external The inward acts of mans soul in general and much less his conscience are not within his cognizance and so not under his jurisdiction If the Magistrate hath power over the conscience then good and evil should be founded in jure positivo and not in jure naturae Then might he impose on us a new Faith nor new Articles in our Creed Then must we have no Religion but his Will and no God but Leniathan only It is true that when the Magistrate commands me any thing for my good or for the common good though to my loss that thing is now become my duty and as I know it is Gods will that I should obey such commands I am obliged in conscience and if this very nimble Gentleman will but be contented with this interpretation and declare that by the Magistrates authority over the conscience he intends not either that he hath power to force the judgement or the action against the judgement when upon the last indeed it is he does intrench I may descend to the other distinction Sect. 5. The second distinction then that must bring some light to this young Doctors understanding if he be not yet too old to learn and confutation to his charge which he so frivolously without any cause to no purpose does advance against he knows not whom may appear with conviction upon himself from these words speaking of the Non-Conformists exceptions which relate says he either to the Power it self or the matters of the command If then he distinguishes well the power it self and it commands the duty or obligation that arises upon the subject in reference to these which are two must be distinct likewise The force of it cannot be avoided let him seem never so much to neglect it He is pleased indeed to say that we exhort people in effect to make no conscience of subjection to Princes because we say that they are not always bound in conscience to their Commands that is because we do instruct them so about the obligation of human Laws as they may know they are not to make the will of the Magistrate but the will of God alone to be the rule of the Conscience We do therefore here instruct them right and that which this man would have were to pervert them He does discover plainly his ignorance of this distinction and this distinction the vanity of his accusation We are always bound in conscience to subjection unto the Powers that are we acknowledge this this we Preach it we Print it and are ready to maintain it but we are not always bound in conscience to Obedience And God forbid that

whatsoever he does according to his conscience yet he requires not in every thing that is according to his conscience he should act His conscience may be Erroneous or the thing not expedient if lawful to be done Again the Magistrates conscience and his are two He may think he is bound in conscience to act suppose in preaching seditious Doctrine yet if upon restraint he acts not his conscience cannot accuse him of sin because he cannot help it and the Magistrates restraining him is good and thereupon the does it for avoiding the evil that would follow if he should suffer him As to the latter question which is the case of constraint viz. the constraining of men to do any thing which is against their conscience I say the Magistrate hath in that case no Authority and that for this one reason which is to be insisted on to the last breach of these Papers viz because this is manifestly against his Office or work who being to see Gods Will performed does hereby directly endeavour the contrary His will is the man should never act against his conscience whatsoever comes of it he is forcing him hereunto Let me add Either the conscience of a man is in an error or it is in the right If it erre not a mans conscience is as God to him who can say a word against it If it be erroneous I say Gods will lyes in both these things that a man should not do against his conscience because it is his conscience and that he should not do according to his conscience because it erres but that he should lay down his error and so act And this is the meaning of that which Divines do say that such a conscience does ligare not obligare The Magistrate accordingly may not compel him to that which is positive to act against his conscience but to that which is negative viz. not to act according to it and if he do and do wickedly no doubt but he may punish him for it And so having offered you my Determination I am glad I can confirm it and that with two testimonies likewise most of sufficient credit The one is St. Austin in his second Book and Chapter 83. against Petilian who pleading the unlawfulness of compelling them to Religion Austin answers Ad fidem quidem nullus est cogendus invitus sed per severitatem solet perfidia castigari Si quae erga vos leges constitutae sunt non eis benefacere cogimini sed malefacere prohibemini nam benefacere nemo potest nisi elegerit The other is Grotius who letting nothing almost escape him which is momen● us in any Author hath fallen in upon this very quotation Suspenso pede hic incedendum ut illi qui Divinae Humanaeque ordinationi resistant non tam cegantur benefacere quam malefacere prohibeantur Quae duo in hoc ipso argumento Augustinus olim provide distinxit De Imperio summarum potestatum circa Sacra C. 6. S. 10. There are two Notes I must leave farther The one is that when I have laid down my two distinctions for the determining this point you must take beed of going away with one of them I know S. Augustins seventeenth Chapter in his second Book against the second Epistle of Gaudentius hath this Title quod ad veritatem cogendi sint etiam inviti which he makes good with these two instances of the King of Ninives commanding his people to repent and the Servants compelling them to come in to the Feast under the Gospel But neither of these Commands I hope and as I have said are to be supposed against the consciences of the one or the other but only they were unwilling and negligent and so had need of importunity and enforcement I deny not therefore but the Magistrate hath power N.B. of Constraint and Restraint in the matters of Religion but I say he hath not power of Constraint in matters Religious or other matters which are against a mans conscience The other Note is that when I have distinguished between Restraint and Constraint in the matter of Conscience not in the general matters only of Religion it does not seem to me safe to descend to particulars what is and what is not to be restrained but in general the Magistrate may use a due restraint when he hath reason and it is not fit he should restrain any when he hath none There is reason the Magistrate should restrain a John of Leyden and Knipperdoling when he hath indeed none against a peaceable Owen and honest Kiffin The Roman Emperour may have cause in general to take heed of innovation and yet have no cause to disturb the Christian of whom Pliny wrot to Traian By this means shall it not follow either that Christianity should be ever kept out of the World or that when Religion is established it must be overturned again by faction but that such a liberty only be allowed to conscience as is consistent with the Articles of Faith a good Life and the Government of the Nation SECT 10. Suppose we now then a Magistrate desirous to bring his People to a Religion or to a Uniformity in that way of worship he himself best approves What may he do therein The first thing he may and is to do is doubtless to take care that the people have Instruction that the Word be preached and such means used which are proper to convince their understandings and satisfie their consciences that they may submit to it This is the chief I count he is to do In the next place he may and is to cause all those impediments to be removed which may obstruct them in the reception of this Religion So Cyrus by his authority repressed the Jews enemies and made the way open for their return and rebuilding Jerusalem In the last place the Magistrate may tender all the encouragements and advantages with a restraint of the same to the refusers that he can possible to win them over to the way he conceives good for them When he hath gone thus far he must make a stand and consider in good earnest whether that which he would impose be against their Consciences or no. If it be not he may proceed to lay his Injunctions upon them whereby an obligation does fall upon the conscience supposing the thing reasonable and for the common good to do what his will is and if they do it not hereupon he may by the infliction of punishment that is by his Temporal Sword enforce them to a due obedience In summ He may do all and the very same in the concerns of Religion as he may do in the other concerns of his Kingdom upon that supposition But if it be against their Consciences he can proceed no farther He cannot lay any obligation on the Conscience which is contrary to that wherein it stands bound already and where he can lay no obligation on the conscience he cannot ex imperio command and where he cannot

know the kind and the degrees of their obligation This rule I have advanced in my former Book and I say that in matters of Religion the Word of God is the Rule in Morals the Law of Nature in Politicals God hath appointed a Rule also as sure and that is the common good The Laws of the Magistrates as the Sermons of Ministers do carry Gods Authority and oblige the consciences of the people so far and so much and no further or more then they are commensurate with their Rule in the one of the Word in the other I say of the common good But who shall be judge whether a Law be for the good of the publick or no I have made it my business to speak to this at large in that Book Every man must have a judgement of private discretion to compare the matters which are enjoyned him with the Rule in respect to his own actions or else he acts as a Bruite or howsoever he acts he cannot act out of conscience Conscience lyes in this very point my knowledge of this or that to have the authority of God but no human law hath any authority of his any further then it agrees with his Rule Note here I do not resolve my obedience but my obedience out of conscience into my private judgement whether the Law be or be not for the common good And here I must say no more because I refer you thither where this is made my proper work and I find nothing remaine after what you have here and there that is wanting in my mind but the satisfying two Objections as to the main Determination The one of them is this If the common good be Gods rule in Politicals then how may any Law which is not for the common good be obeyed We may not obey any command of man against Gods rule in Morality and in Religion I answer if a thing be notoriously against the Common good so as to be destructive to it we must suffer rather then obey such a command for this very reason as we dare not go against Gods Word because it is our rule and Gods rule must be obeyed and not Mans. But if a thing be but a little against the common good or no more then that the dammage to the publick by my obeying will not be so considerable as my own suffering then is it for the common good that I obey rather then suffer And I observe my rule still For though some things in themselves be against the common good yet may my obeying them commanded be for the common good And this is to be laid down and supposed that in all ordinary and common matters it is better for all in general or more for the common good to obey then to resist or suffer It is for my good and the common good I will suppose that I let the thing alone if I can help it but if I must suffer if I do it not the thing must be of great moment or detriment to the publick or else it is for the good of most in general that we obey It is certainly best if a Master commands any thing that will hurt the affairs of his House that it be let alone if the Boy or Man can escape without his anger or beating and it is better the thing be done that hurts him a little then that I suffer what hurts me more This is yet most certain that a Coercive power is the hedge of all Order in any State or Family which so long as that is kept whole it is safe and so far as that is infringed and that only it verges to ruine The other may be offered thus The common good is not the end alone of Government but the honour of the Magistrate and the Glory of God are ends also which are served by our obedience and therefore we are bound in conscience to the Laws unless they be against the Law of God whether they be for the common good or not I answer the foundation of this supposition is upon a great mistake in Policy which is that all Societies are formed by Contract between the Governor and Governed wherein both parties have their interests to secure which lays the leven of Civil Wars Whereas if it be placed in the mutual agreement of the people themselves in choosing their Governour and kind of Government as they judge best for their general advantage this supposing it agreed at first to be absolute secures it for ever being set up and answers the end of the institution He is the Minister of God to us for good I do not like therefore the making any more then one end of Polity as of Medicine and Theology The honour of the Ruler is but part of the bonum commune and is to be distinguished from it no more then the wealth of the Citizens The good of one is the good of both And as I like not the making Gods Glory and Mans Salvation two ends of Divinity for perplexities that have risen from thence so do I account that the glorifying God in the common good of the pars imperans pars subdita which both make up the Common-wealth to be one end of Politicks and the Glorifying God in mans Salvations to be the one end of Religion Let every Art Science and Profession be distinguished by its proper Object and End I must say then after this the Magistrate is honoured in our subjection always in obedience when his commands are for the common good for conscience sake when they are not in our obedience onely for fear and rather then resist or in taking heed of any contempt or provocation of him if we leave his commands undone So I conclude If any receive the information I have brought him let him give God the thanks if any receive it not the the wrong will be to himself he shall do me no hurt Sect. 7. And thus am I glad that I have had opportunity to say all I had need and desire in reference to the subject of my other Book which the Prefacer hath mingled with the subject of this I shall now apply my self wholly to the present Theme The Magistrates Authority in things Sacred I will begin as it were to discourse of it afresh as if I had yet said nothing of it and there are two Books come out some few years since which do seem to me to offer something both in their kind very remarkable on the subject The one of them owes its birth to the Author of this Preface who hath another also to the same effect which I shall only name again in my way having been too long engaged with him already as being in an extream on the one hand while he gives not only a power to the Magistrate in the Religious matters which is well but a power over the conscience in Religious matters The other has a person of honour and a worthy Student for its Author who hath proposed a state