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A53733 Truth and innocence vindicated in a survey of a discourse concerning ecclesiastical polity, and the authority of the civil magistrate over the consciences of subjects in matters of religion. Owen, John, 1616-1683. 1669 (1669) Wing O817; ESTC R14775 171,951 414

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the Principles here asserted and contended for either express or represent the supremacy of the Kings of this Nation in matters Ecclesiastical as it is stated and determined by themselves in Parliament but rather so as to give great offence and scandal to the Religion here professed and advantage to the Adversaries thereof for after there appeared some ambiguity in those words of the Oath enacted 1 Eliz. of testifying the Queen to be supream Governour as well in all Spiritual or Ecclesiastical things or Causes as in Temporal and many doubts and scruples ensued thereon as though there were assigned to her a power over the Consciences of her Subjects in spiritual things or that she had a power Her self to order and administer spiritual things In quinto Elizab. it is enacted by way of Explanation that the Oaths aforesaid shall be expounded in such form as is set forth in the Admonition annexed to the Queens Injunctions published in the first year of Her Reign where disclaiming the power of the Ministry of divine offices in the Church or the power of the Priesthood here by our Author affixed to the supream Magistrate her power and Authority is declared to be a Soveraignty over all manner of persons born within this Realm whether they be Ecclesiastical or Temporal so that no foraign power hath or ought to have any superiority over them And so is this supremacy stated in the Articles Anno 1562. namely an Autho●ity to Rule all Estates and Degrees committed to the charge of the supream Magistrate by God whether they be Ecclesiastical or Temporal and to restrain the stubborn or evil-doers Of the things contended for by our Author the Authority of the Priesthood and power over the Consciences of men in matters of Religion there is not one word in our Laws but rather they are both of them rejected and condemned I have yet laid the least part of that Load upon this Principle which if it be farther pressed it must expect to be burdened withal and that from the Common Suffrage of Christians in all Ages But yet that I may not transgress against the design of this short and hasty Discourse I shall proceed no farther in the pursuit of it but take a little Survey of what is here pleaded in its defence Now this is undertaken and pursued in the first Chapter with the two next ensuing where an end is put to this Plea For if I understand any thing of his words and expressions our Author in the beginning of his fourth Chapter cuts down all those Gourds and Wild Vines that he had been planting in the three preceding for he not only grants but disputes also for an obligation on the Consciences of men antecedent and superiour unto all humane Laws and their obligation his words are as followeth pag. 115. It is not because Subjects are in any thing free from the Authority of the Supream Power on earth but because they are subject to a Superiour in Heaven and they are only then excused from the duty of Obedience to their Soveraign when they cannot give it without Rebellion against God So that it is not originally any Right of their own that exempts them from a subjection to the Soveraign Power in all things but it is purely Gods right of Governing his own Creatures that Magistrates then invade when they make Edicts to violate or controll his Laws and those who will take off from the Consciences of men all obligations antecedent to those of Humane Laws instead of making the Power of Princes Supream absolute and uncontrollable they utterly enervate all their Authority and set their Subjects at perfect Liberty from all their Commands I know no men that pretend to Exemption from the Obligation of Humane Laws but only on this Plea that God by his Law requires them to do otherwise and if this be so the Authority of such Laws as to the Consciences of men is superseded by the confession of this Author Allow therefore but the Principles here expressed namely that men have a Superiour Power over them in Heaven whose Laws and the Revelation of whose Will concerning them is the Supream Rule of their duty whence an Obligation is laid upon their Consciences of doing whatever is commanded or not doing what is forbidden by him which is superiour unto and actually supersedes all Humane Commands and Laws that interfere therewith and I see neither use of nor place for that Power of Magistrates over the Consciences of men which is so earnestly contended for And our Author also in his ensuing Discourse in that Chapter placeth all the security of Government in the Respect that the Consciences of men have to the Will and Command of God and which they profess to have which in all these Chapters he pleads to be a Principle of all Confusion But it is the first Chapter which alone we are now taking a view of The only Argument therein insisted on to to make good the Ascription unto the Magistrate of the power over Religion and the Consciences of men before described is the absolute and indispensable necessity of it unto publick Tranquility which is the principal and most important End of Government In the pursuit of this Argument sometimes yea often such expressions are used concerning the Magistrates power as in a tolerable Construction declare it to be what no man denyes nor will contend about But it is necessary that they be interpreted according to the Genius and tenor of the Opinion contended for and accordingly we will consider them This alone I say is that which is here pleaded or is given in as the subject of the ensuing Discourse But after all I think that he who shall set himself seriously to find out how any thing here spoken hath a direct and rational cogency towards the establishment of the conclusion before laid down will find himself engaged in no easie an undertakeing We were told I confess at the entrance so as that we may not complain of a surprizal that we must expect to have Invectives twisted with Arguments and some such thing seems here to be aimed at but if a Logical Chymist come and make a separation of the Elements of this Composition he will find if I mistake not an heap of the drossy Invective and scarce the least appearance of any argument Ore Instead of sober rational arguing crimina rasis Librat in Antithetis great Aggravations of mens miscarriages in the pursuit of the Dictates of their Consciences either real or feigned edged against and fiercely reflected upon those whom he makes his Adversaries and these the same for substance repeated over and over in a great variety of well placed words take up the greatest part of his Plea in this Chapter especially the beginning of it wherein alone the Controversie as by himself stated is concerned But if the Power and Authority over Religion and the Consciences of men here ascribed unto Supream Magistrates be so indispensably necessary to
and not of this World though exercised in it having their respect only unto Eternity and by their being taken into the sole disposal of the Soveraign Lord of Consciences who hath accompanied His Commands concerning them with His own Promises and Threatnings plainly exempted should have power over the Consciences of men so to lay their Commands upon them in these spiritual things as to back them with Temporal Corporal Restraints and Punishments is a way of Arguing that will not be confined unto any of those Rules of reasoning which hitherto we have been instructed in When the Magistrate hath an Arm like God and can Thunder with a Voice like Him when he judgeth not after the sight of his eyes nor reproveth after the hearing of his ears when he can smile the Earth with the Rod of his Mouth and slay the Wicked with the breath of his Lipps when he is constituted a judge of the Faith Repentance and Obedience of men and of their Efficacy in their Tendency unto the pleasing of God here and the Enjoyment of Him hereafter when Spiritual Things in order to their Eternal Issues and Effects are made subject unto Him in brief when he is Christ let him act as Christ or rather most unlike Him and guide the Consciences of men by Rods Axes and Halters whereunto alone his power can reach who in the mean time have an express command from the Lord Christ Himself not to have their Consciences influenced in the least by the consideration of these things Of the like Complexion is the ensuing Discourse wherein our Author p. 43. having spoken contemptuously of the Spiritual Institutions of the Gospel as altogether insufficient for the Accomplishment of the Ends whereunto they are designed forgeting that they respect only the Consciences of men and are his Institutions who is the Lord of their Consciences and who will give them power and efficacy to attain their Ends when administred in his name and according to his mind and that because they are His would prove the necessity of Temporal coercions and penalties in things Spiritual from the Extraordinary Effects of Excommunication in the primitive times in the Vexation and punishment of persons Excommunicate by the Devil This work the Devil now ceasing to attend unto he would have the Magistrate to take upon him to supply his place and Office by punishments of his own Appointment and Infliction and so at last to be sure of giving him full measure he hath ascribed two Extreams unto him about Religion namely to act the part of God and the Devil But as this Inference is built upon a very uncertain conjecture namely that upon the giving up of persons to Satan in Excommunication there did any visible or Corporal Vexation of them by his power ensue or any other effects but what may yet be justly expected from an Influence of his Terrour on the minds of men who are duly and regularly cast out of the visible Kingdom of Christ by that censure and whereas if there be any truth in it it was confined unto the dayes of the Apostles and is to be reckoned amongst the miraculous Operations granted to them for the first confirmation of the Gospel and the continuance of it all the time the Church wanted the Assistance of the Civil Magistrate is most unduly pretended without any colour of Proof or Instance beyond such as may be evidenced to continue at this day supposing it to be true the Inference made from it as to its consequence on this concession is exceeding weak and feeble For the Argument here amounteth to no more but this God was pleased in the dayes of the Apostles to confirm their Spiritual Censures against Stuborn Sinners Apostates Blasphemers and such like hainous Offenders with extraordinary spiritual Punishments so in their own nature or in the manner or way of their Infliction therefore the Civil Magistrate hath power to appoint things to be observed in the Worship of God and forbid other things which the Light and Consciences of men directed by the Word of God require the observation of upon ordinary standing corporal penalties to be inflicted on the outward man quod erat demonstrandum To wind up this Debate I shall commit the Vmpirage of it to the Church of England and receive her Determination in the words of one who may be supposed to know her sense and Judgement as well as any one who lived in his dayes or since And this is Doctor Bilson Bishop of Winchester a Learned man skilled in the Laws of the Land and a great Adversary unto all that dissented from Church Constitutions This man therefore treating by way of Dialogue in answer to the Jesuites Apologie and Defence in the Third Part p. 293. thus introduceth Theophilus a Protestant Divine arguing with Philander a Jesuite about these matters Theoph. As for the Supream Head of the Church it is certain that Title was first transferred from the Pope to King Henry the eighth by the Bishops of your side not of ours And though the Pastors in King Edwards time might not well dislike much less disswade the style of the Crown by Reason the King was under years and so remained until he dyed yet as soon as it pleased God to place her Majesty in her Fathers Throne the Nobles and Preachers perceiving the words Head of the Church which is Christs proper and peculiar honor to be offensive unto many that had vehemently refelled the same in the Pope besought her Highness the meaning of that word which her Father had used might be expressed in some plainer and apter terms And so was the Prince called Supream Governour of the Realm that is Ruler and Bearer of the Sword with lawful Authority to command and punish answerable to the Word of God in all Spiritual or Ecclesiastical things or Causes as well as in Temporal And no Forreign Prince or Prelate to have any Jurisdiction Superiority Preheminence or Authority to establish prohibit correct and chastise with Publick Laws or Temporal Fains any Crimes or Causes Ecclesiastical or Spiritual within her Realm Philand Calvin saith this is Sacriledge and Blasphemy Look you therefore with what Consciences you take that Oath which your own Master so mightily detesteth Theoph. Nay look you with what faces you alledge Calvin who maketh that style to be sacrilegious and blassphemous as well in the Pope as in the Prince reason therefore you receive or refuse his Judgement in both If it derogate from Christ in the Prince so it doth in the Pope Yet we grant the sense of the word Supream as Calvin perceived it by Stephen Gardiners Answer and behaviour is very blasphemous and injurious to Christ and his Word whether it be Prince or Pope that so shall use it What this sense is he declares in the words of Calvin which are as followeth in his Translation of them That Jugler which after was Chancelor I mean the Bishop of Winchester when he was at Rentzburge neither would
can introduce new duties never yet heard of in the most important parts of Religion pag. 80. and may impose on them in the practice of Religion and Divine Worship what We please so that in our Judgement it doth not countenance Vice nor disgrace the Deity Pag. 85. and whereas this Power is naturally inherent in us not given or granted unto us by Jesus Christ but belonged to us or our Predecessors before ever he was born nor is expressed in the Scripture but rather supposed and this being such as that We our selves if We would whether We be Man or Woman here France must be excepted by vertue of the Salique Law though the whole project be principally calculated for that Meridian might exercise the special Offices and Duties of Religion in Our own Person especially that of the Priesthood though me are pleased to transfer the Exercise of it unto others and whereas all our Prescriptions Impositions and Injunctions in these things do immediately affect and bind the Consciences of our Subjects because they are Ours whether they be right or wrong true or false so long as in our judgement they neither as was said countenance Vice nor disgrace the Deity We do Enact and Ordain as followeth Here if you please you may intersert the Scheme of Religion given us by our Author in his second Chapter and add unto it that because Sacrifices were a way found out by honest men of old to express their gratitude unto God thereby so great and necessary a part of our Religious duty it be enjoyned that the use of them be again revived seeing there is nothing in them that offends against the bounds prescribed to the power to be expressed and that men in all places do offer up Bulls and Goats Sheep and Fowls to God with as many other Institutions of the like Nature as shall be thought meet Hereunto add Now our express Will and Pleasure is that every man may and do think and judge what he pleaseth concerning the things enjoyned and enacted by Vs for what have We to do with their thoughts and judgements they are under the Empire and Dominion of Conscience which We cannot invade if We would they may if they please judge them inconvenient foolish absurd yea contrary to the Mind Will and Law of God Our only Intention Will and Pleasure is to bind them to the constant Observation and Practice of them and that under the Penalties of Hanging and Damnation I know not any Expression in such an Impious and futilous Edict that may not be warranted out of the Principles of this Discourse the main parts of it being composed out of the Words and Phrases of it and those used to the best of my understanding in the sense fixed to them by our Author Now as was said before I suppose Christian Princes will not be earnest in their Contests who shall first own the Authority intimated and express it in a suitable exercise And if any one of them should put forth his hand unto it he will find that Furiarum Maxima juxta Accubat manibus prohibet contingere mensas There is one who layes an Antecedent Claim to a Sole Interest in this Power and that bottomed on other manner of Pretensions than any as yet have been pleaded in their behalf For the Power and Authority here ascribed unto Princes is none other but that which is claimed by the Pope of Rome with some few Enlargements and appropriated unto him by his Canonists and Courtiers Only here the old Gentleman as he is called by our Author hath the advantage that beside the Precedency of his claim it being entred on Record at least six or seven hundred years before any Proctor or Advocate appeared in the behalf of Princes he hath forestall'd them all in the pretence of Infallibility which doubtless is a matter of singular use in the exercise of the power contended about For some men are so peevish as to think that thus to deal with Religion and the Consciences of men belongs to none but him who is Absolutely yea essentially so that is Infallible For as we have now often said as contrary to their design men in haste oftentimes speak the same things over and over as to all Ecclesiastical Jurisdiction over persons and causes Ecclesiastical and the Soveraign disposal of all the Civil and Political concernments of Religion which is vested in the Imperial Crown of this Nation and by sundry Acts of Parliament is declared so to be I shall be alwayes ready to plead the Right of our Kings and all Christian Kings whatever against the absurd Pleas and Pretences of the Pope so as to this Controversie between him and such Princes as shall think meet to contend with him about it concerning the power over the Consciences of men before described I shall not interpose my self in the scuffle as being fully satisfied they are contending about that which belongs to neither of them But what Reason is there why this Power should not be extended unto the inward thoughts and apprehensions of men about the Worship of God as well as to the expression of them in pure Spiritual Acts of that Worship The Power asserted I presume will be acknowledged to be from God though I can scarce meet with the Communication and derivation of it from him in this Discourse But whereas it is granted on all hands that the Powers that be are of God and that none can have Authority over an other unless it be originally given him from above I desire to be informed why the other part of the Power mentioned namely over the Thoughts Judgements and Apprehensions of men in the things of the Worship of God should not be invested in the Magistrate also that so he having declared what is to be believed thought and judged in such things all men should be obliged so to believe think and judge for this power God can give and hath given it unto Jesus Christ. I presume it will be said that this was no way needful for the preservation of Peace in Humane Society which is the end for which all this Power is vested in the Magistrate For let men believe think and judge what they please so long as their outward Actings are or may be over-ruled there is no danger of any publick disturbance But this seems to be a mighty uneasie condition for mankind namely to live continually in a contradiction between their Judgements and their Practices which in this case is allowed to be incident unto them Constantly to judge one way best and most according to the mind of God in his Worship and constantly to practise another will it is to be feared prove like the conflicting of vehement vapours with their contrary qualities that at one time or other will produce an Earthquake How then if men weary of this perplexing distorting condition of things in their minds should be provoked to run to excesses and inordinate courses for their freedom