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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

we should If he could have distinguished these two things he might have spared most of his labour There is a Book entituled The Obligation of human Laws discussed which I Printed a year since I must desire my Reader to get it and bind it together if he can with this for they are of two subjects that do enterfare very much The authority of the Magistrate in the matters of God discussed was the entended Title of this but I could not Print it till this Preface now hath given me the occasion I use the expression of Scripture in the matters of God because I would include all matters wherein the conscience is concerned as well as Ecclesiastical matters Now I have in that Book laid down this distinction with one more as the ground work of my determination of that point and I have need to say a little more to prevent some cavil which may be raised by this person upon my reproof which I must also give him for the next words he uses viz. 'T is conscience onely says he that is capable of the Obligation of human Laws so that if that be exempt the whole man is at liberty I wonder at the Man for this I do hate this pride methinks for being indocible and perverse no less then for being ugly Pride is an overweening conceit of ones self with the contempt of others There is nothing more visible than this filthy pride in this young man and that Author who wrote the Friendly Debate but only with this difference that I judg this the more ingenuous or open the other the more cankered and sly I pray God forgive them both with all my heart It is a base piece of immorality I am sure in either that when they have to do with any such person as Dr Owen of years so much elder than themselves and who are not without some reputation at least with other persons to use such contemptuous disdainful scorning language as they do altogether which arising so manifestly too from the conceit and confidence alone they have of themselves does declare them two such Sons of the morning such a couple of proud Despisers that until they do shew some repentance and acknowledgment for their fault they do deserve really to be excommunicated out of the good thoughts of all men that most deservedly otherwise do honor them never so much Well! This man cannot it seems understand how he should be obliged at all unless he be obliged in Conscience He cannot discern belike between an obligation simpliciter the obligation of conscience He cannot discern that the conscience which judges of our duty only in relation to God is bound only by a Divine obligation and that a Divine obligation may be distinguished from an Human obligation Is it not indeed strange that a man of such quick parts hath yet so little solid judgment Is it not one thing thinks he to be bound to an action because it is Gods will and for fear of Hell or Divine punishments and another to be bound to it out of fear only of the Law and to escape suffering Does not the Apostle when he tells us We must be subject not only for wrath but also for Conscience sake imply this distinction that there is an obligation then only for wrath sake and an obligation out of conscience And cannot this exceeding fine witted man by any means discern this And will not he nor the Debater learn though it be never so ingenuous for them to come here to some acknowledgment that themselves as well as others may be able to live in this World under Laws with peace to their souls I do profess sincerely that of all the Books that ever yet I wrot I am most pleased in my heart with that Book I now mentioned as being a subject so needful for all persons though it be the worst printed I will supply some little I want in it in this place It is this If this Author were a man of as much judgment as wit he would not have laid down himself so rawly and excepted at the thing but at the terms of the distinction which I have used with other Divines For when Doctor Taylor speaks of the Bodies being bound and I have said the outward man in distinction to the Conscience it must be confessed that these terms are taken from custom and that it does fare with them as it does usually with other School-terms that they will not strictly hold the examination The Law of man which binds the subject for wrath sake only does so bind him to the external act as the will to that act must be included for to bind him in the Body without the Will were to put him in Fetters but it is no human obligation This I have said in my Book and I add here when I say we distinguish not the Will from the outward Man in the Obligation of human Laws it must be conceived that the will is guided still by the understanding and is supposed by some to be nothing else but the last practical act of it I distinguish not then the outward man from the inward so far as the inward acts are necessary to that which is external when I distinguish both from the conscience There is the understanding N.B. that I shall suffer if I do not such a thing and therefore I will do it is one thing and the understanding that I sin if I do it not and therefore I will do it is another The one is that our Divines mean by this term of the outward man still and the other is the conscience You may ask how comes it to pass that when there goes all this to an act the Magistrate commands so that the subject in his will and understanding so far as to do the thing is obliged we do yet call it but the outward man or forum exterius and can distinguish it with all that from the conscience I answer we call this the outward man upon this account because it is the external acts only that are subject to the Magistrates Government or can be required for themselves and the acts of the will and understanding are not required but indirectly in relation only to these external acts therefore I say do we well call all this still but the outward Man and this is distinguished plainly from the conscience because a man may know that such a thing is not required of God and that God will not punish him though he does not do it when yet he does know that it is prudent for him rather then suffer and therefore wills it In the one there is the external act with the will and understanding so far as that act is concerned but so long as my understanding is that it is not Gods will but mans will that I perform such a thing may be said to be done out of understanding and will as well as by the outward man but not out of conscience It is

not my knowledge of a thing and that I am to do it but my knowledge that it is God will or my knowledge of his judgement of the thing to be the same with mine that makes it Conscience I think I am full enough now You may then object that I sometimes seem in that Book to make the obligation of the outward man to be negative not to rebell and another time to be positive also to some act I answer 't is true that from the beginning I do make the obligation of the outward man to lye in both these a necessity never to resist and upon that necessity to act rather then suffer But interest of fear or self preservation binds the reason as well as the sense I say true and that there is the reason then of the outward man which is one and the reason of the conscience which is another When my reason is the fear of suffering because I may not resist and therefore I will it is my outward man is bound but when my reason is that the thing hath Gods Authority and it will offend him if I do it not and therefore I will then am I bound in conscience A human Law which is for the common good binds me from reason of conscience a Law which is unprofitable or against it binds me only from the outward mans reason There is Candour indeed to be allowed to this distinction which I have intimated as to most terms of Art but they are not therefore to be left both because of their constant use and also for their profit in the shorter cut which we get to what we would have by the use of them Onely they are verily to be at once first throughly understood and then shall all that which we signifie by them be as compleatly represented with a word as if it were drawn out in the full expression That which I have to offer upon this against the Prefacer and Debater who are companions in this cause is this that whereas they see no more but to think that the stability of Crowns and Scepters and so of all Government does lye in the Ministers especially the Episcopal Divines preaching such Doctrine as theirs which is to lay an obligation upon the conscience of the subject to obey them in all things indefinitely unless they be apparently forbidden in the Word of God they are exceedingly mistaken for if there were nothing else to support Soveraignity but that the Kings Crown might perhaps stick no longer on his Head then till the Parliament sits again seeing we may then very likely have more Laws that we shall make no conscience to obey and yet we shall make conscience God willing of our Loyalty to his Majesty and must do while we live by the command of the A●mighty It is not the point of Obedience then it must be inculcated upon which the Government of Kings is established but upon the point of Subjection Let me say it over again It is not on the point of obedience out of Conscience but on the point that we must obey because the Magistrate beareth the Sword and that not in vain that the whole World is kept in Order And also upon this point of Conscience that whether we have cause to obey or not obey we must however never resist upon pain of damnation Let the Book before mentioned be herein further consulted And after this there will be little reason for our Prefacer to talk any more of exceptions levelled at the Power it self by any Pretences of the Non-Conformist against the Soveraign right of the King in the matters of the Church any more then of the State for we own no such no more then he though the way of his expressing himself by putting a restraint upon his Subjects consciences is so feat and grating till it be digested and withal so wayward that I cannot but point it to the Readers correction by what will hereafter follow If he hath any thing then to charge us with it must be in regard to the matters of the command unto which therefore he proceeds But then they say there are some particular things exempted from all humane cognizance which if the Civil Magistrate presume to impose upon the consciences of his Subjects He should say upon his Subjects not upon the consciences of his Subjects for the Magistrate imposes nothing but upon the outward man requiring the external act and the inward acts follow onely so far as they are necessary to the external as he ventures beyond the Warrant of his Commission so he can tye no Obligation of Obedience upon them seeing they can be under no subjection in those things where they are under no Authority Now this pretence resolves it self thus that they do not quarrel his Majesties Ecclesiastical Supremacy but they acknowledge it to be the undoubted right of all Soveraign Princes as long as its exercise is kept within due bounds of modesty and moderation Which being granted all their general exceptions Very fine when we have indeed none at all against the sufficiency of the Authority it self are quitted and they have now nothing to except against but the excess of its Jurisdiction So that having gained this ground Mighty to gain what never was with held the next thing to be assigned and determined is the just and lawful bounds of this Power which may be summed up in this general rule That Governours take care not to impose things apparently evil and that Subjects be not allowed to plead Conscience in any other case This is the safest and most easie Rule to secure the Quiet of all that are upright and peaceable and all that refuse subjection to such a gentle and moderate Government make themselves uncapable of all the benefits of society It is well we are come now at last where the water ●…cks The Non-Conformist differs not from the Conformist in the main point that secures all Government that is Subjection but it is in the point of Obedience only we differ And here are two questions The one is about the matters of our obedience in general what is the rule or the bounds that must be set to the Magistrates commands that we exceed not our duty to God while we are obedient to our Governours The other is about the particular matters of it whether the present impositions of Conformity do keep within that compass and consequently are lawful or unlawful The latter of these is the pitcht Field between the Conformist and Non-Conformist and neither of us have a mind to enter into it Only I will offer thus much by the way The Conformists generally do hold that the things we differ about are indifferent and consequently thae they may be removed out of the Church by Authority without sin The Non-Conformists say generally they shall sin if they obey them What then is to be done in the case but if my friend be weak and cannot indeed come to me I must go to my

of the question with some more mature thoughts and peculiar notion which affording me a ground work for further disquisition hath given me both the rise and ability to carry the point on to a full Determination And this Gentleman I count hath given too little to the Magistrate on the other hand in the matters of Religion but hath gone to make it up with giving him too much in Moral and Civil matters I must be forced to tell this to my ordinary Reader who else would perhaps hardly believe that it is I who stand for Liberty of Conscience that grant the Magistrate his due power in things Sacred as well as Civil and it is he is not tender enough of it when denying him what is his due the use of his Sword or power in things Religious he hath left him without a rule or bounds to his commands in other matters If I appear to drive on my purpose in this and other of my Books more dryly and scantily then in a Subject or Subjects so capacious might be expectted let not the Judicious Reader impute that to me as a fault which is a thing so much to be wished in the writings of others that I do single out the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the main thing altogether which is to be sought and I do by no means deflect from it leaving whatsoever else the matter may lead to as more copious and where none of the knot lyes to the Volums of others Sect. 8. The first of these Books then is A Discourse of Ecclesiastical Polity the design whereof as to the substance consists in the giving a Superiority to the Magistrate over the Conscience that in all doubtful or disputable cases viz. in all matters in their nature indifferent he means according to his Scope in all matters now in difference between the Conformist and Non-Conformist a man must account according to that Authors opinion that if he act against the dictates of his conscience out of obedience to the lawful Magistrates commands he does but as a Christian and is justifyed by him in the doing A Doctrine that I take to be not only new and Heterodox but dangerous to Religion and the opening a door to the pleasing of man and seeking prese●ment above keeping a good conscience before God In things apparently and intrinsecally evil he grants that the Magistrate is not to be obeyed But how can this stand on its foundation if conscience had not certainly an authority over the commands of the Magistrate and the authority of the Magistrate not over conscience as he speaks There need no more proof that conscience must have the superiority in every thing then to yeild it in any thing seeing it is the conscience of every particular person is the judge to him of what God has forbidden and the command of God must take place of the command of men in all things alike whatsoever If this eminently accomplished young Divine then be not too proud to take it kindly I would help him out here according to the best that I think can be done There is the conscience of the universality and of particular persons When he says the Magistrates Authority is over the conscience let us understand his meaning to be onely as to the conscience of such particulars which in some sense may be granted while he passes any Law upon the account that it is according to the consciences of the Generality notwithstanding it proves against theirs And then whereas he speaks often to this purpose that the conscience being in doubt a man should in all matters indifferent make the Law or will of the Magistrate his rule Let us understand him favourably that he means onely when a man is satisfied in the main of the thing that it is lawful and there remains only some scruples that are fit to be shaken off in which case Divines I think do ordinarily advise it to be safest to obey the Law But this is to be known also that the conscience is not to be accounted doubtful in this case but satisfied and troubled only as the Travellour is with the Scrupuli the gravel in his Shooe which he throws out and walks on whereas if his feet be really wounded and he does so he may be undone That this may be the better relished I will entreat this person to take good heed onely to a certain Book which is another such a one as his and came out then and I suppose he likes well a Book entituled Toleration discussed where he may read these passages for his instruction Am I to believe every thing to be indifferent which the Magistrate tells me is so though it be wicked No he answers Sect. 21. You are bound there by a Superiour Law and to your self you are Judge Again I am so far in another place from advising you to renounce your reason that on the contrary I would have you absolutely guided and concluded by it and only to obey for quiets sake so far as you can possibly obey in conscience Again The Magistrate is a publick Minister and his Commission reaches not to particular consciences On the other side there is as little reason for any ones private opinion to operate on a publick Law So that if I mistake not we are upon accord thus far That every particular is to look to one and the King to the whole Again The King is accountable to God for the welfare of his people and you are accountable to God for the good of your little particular If you cannot obey the Law do not but abide the penalty And finally when he hath balanced all the interest he can for the Law with this alone of Conscience he hath the same cloze And yet I say stick to your conscience I do cite these passages with pleasure to see a reverence to conscience in the heart of the Gentleman who wrot that Book and that meerly out of conviction when the Divine who wrot this Discourse of Ecclesiastical polity hath so carried it as if in the whole matters which are now in agitation between all parties in the Nation the Magistrates Authority alone should satisfie every body When the Dictates of a private conscience says he happen to thwart the determinations of the publick Laws they in that case loose their binding power with several passages to that purpose which is certainly a fair beginning as is intimated for the making the Rulers favour and a mans own advancement very quickly all his Religion The Magistrate then which I offer as what himself and this Gentleman intends in the passing any Law the matter whereof is against any of his Subjects consciences is to be conceived to go by a Judgement on the Generality and those Laws to be supposed according to conscience because they are according to his own and those of the generality when else they could not be passed without sinning against God In the mean time every particular man for himself is