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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

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constituted thereby parts of the Church National whereof he is Head no less then the Parish assemblies The matter is all one as if a Parish onely which was too big should be divided into two where I say there is Separation no Schism I will undertake to make it good that the Bishops Consecration of a Church is not necessary to the making the Society that Assembles therein to be a particular Church or part of the National but that the Kings Authority alone is enough for that Relation Nay I know not but the King upon the same account might constitute unmaintenanced Bishops over those particular Congregate Churches if he pleased as well as he hath maintained Bishops over those that have Livings if it were to any purpose at all and for his peoples edification Well now then if any Licensed person shall gather their Congregations in a way of opposition to the Parish Churches which he hath also establisht by denial of them to be true Churches I do account still that all such partaking thereby with the Novatian and the Donatist of old must come under the condemnation of the Fathers and Councels passed upon their error and that is that which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we call Separation If any again shall gather a people in a way of strife pride vain-glory envy contention which are breaches of Christianity when the end of the Commandment is Charity I will account this also being sinfull it does make those conventions Schismatical But if a man shall come honestly and peaceably in the fear of God with prudence and innocency as becomes a Christian to set up one of these Meetings by vertue of the same Authority as the Parish Priest hath his I will desire any that can to shew me now where the sin is to be found If he can shew it me I will consent to him that he shall call all these Meetings Schismatical still upon condition that if he cannot he will pardon them henceforth who do go to these particular Churches by the Kings appointment now parts of the National with the same veneration and regard as to the Parish Congregations We will thank the late ingenuous Author who advised us to take heed that Toleration be not abused and we do shew wherein that care is to be taken that we may not abuse it but when he would have had the Non-Conformist under pretence of not abusing his liberty to take such a course only as not to use it at all though the generality of us do judge they should most glorifie God this way he deserved to be blamed who upon the conviction will perhaps as soon as any be ready to thank God with us if a door so effectual be opened then we may without offence and without Schism joyn our strength in a mutual love and concord for the carrying on the great work of mans Salvation throughout the Nation But are not these Presbyterians very Knaves who stood before on Christs Authority for their Preaching and now take Licenses of the King While their plea was the same with the Apostles that they ought to obey God rather then Man we could bear with them but now we shall never abide them more I pray Sirs good words As Charity always thinketh the best I see this all will still thinketh nothing but evil If it were the duty of the Non-Conformist Minister to Preach before his Majesties Declaration it must be his duty still and if when we have obtained such grace as this is the Presbyterian should not accept it when there is no more doubt of prejudicing our Ministry thereby then the Apostles did theirs when they had leave of the Masters of the Synagogues to say on who would have fallen on the whole party so foully for refractory and perverse fellows as these men It is true we look on Christs Commission to be enough for our Preaching when we judge it for Gods Glory but to Preach in such a place and in such circumstances is we count in the dispose of the Magistrate The Magistrate hath the power of external order and may forbid a man to Preach I say in such a place when he cannot forbid him to Preach or else our Pulpits were our own still for all the Act of Uniformity The Presbyterians take Licenses of the King in reference to the place of their Assemblies Nay this authority of the King in slating these places and Meetings for them does incorporate them as integral parts or particular fellow congregations with those of the Parochial constitution into the Church National united under him as the Supreme Head which is a matter of that great weight and consequence as we have not yet looked about us to bless God enough for it Hereby can the Non-Conformist make his publick acknowledgement which he would have of the Kings Supremacy in Ecclesiasticals no less then the Bishop and yet his conscience not be burdened with the Diocesan Truely I know not but his Majesty really hath discerned more for the hitting the business of coagulating his whole people into one Ecclesiastical National society or body under him hereby then any of us were a warre of who could not see before any reason for such proceedings as are taken in this Declaration which we shall approve henceforth with a great deal of satisfaction But did not these men in the late Wars take part with the Parliament and now they submit to the Kings Declaration against an Act of Parliament Be it so The Act of Parliament is against the command of God The King permits what God bids Who should the subject obey but God and the King As for the War I perceive it will still be ript up though against the Act of Oblivion It was not upon the account of Religion it must be first known that it will be owned In the cause of Religion if we be persecuted we may fly Christ allows us but we may not resist The case then I account a singular case It was upon the Militia they began the old King said The King and Parliament was divided that is certain and the question was where the Authority or the most of it did lye some thought in the one some in the other and so were engaged I will speak now once for all that the mouths of these men may be stopped with reason for nothing else will do it There are some have thought thus The Government of this Nation is mixt A mixt Government is where the supreme Authority is not placed purely in the People or the Nobles or the Monarch but mixtly in them all The supreame Legislative power in this Nation lies in the King and his two Houses joyntly not severally as one Corporation says Judge Jenkins or to speak surely as one Parliament The Parliament which is to be one in Law being divided the constitution is broken that being broken the Government is dissolved and the power returned at that season to the people The people being at liberty
which is our duty in opposition to resistance or rebellion and Obedience which lyes in the doing what he commands It is apparent in the last passage how he confounds these two things when the making conscience of subjection to Princes and obligation to the Law is belike all one with him in his present conception But that there is a difference to be put between these two it does appear undeniably from one consideration that we are always bound in conscience to the one that is subjection but we are not always so bound to the other to obedience The things that are commanded may be sometimes sinful or hurtful to the Common-wealth and then it will be our duty not to obey them or they may be idle vain frivolous which we may choose therefore to do out of prudence for fear of wrath and to avoid contempt and scandal when we are not otherwise to hold our selves bound in conscience Sect. 4. To begin with the former By me Kings Reign says Wisdom and if they rule by God it is fit they should also rule for him He is the Minister of God for our good says the Apostle The Minister is to look to his Lords will and the good of the Subject is not only their Temporal but Spiritual good And if he be Gods Minister for our good there can be no exemption of Sacred things any more then Civils from his Authority under God for the good of his People And hence are we taught to pray for Magistrates that we may lead peaceable lives under them in all Godliness as well as Honesty Kings and Emperors says Grotius from some other are equally to take care of Sacred and Secular things but onely when we come to particulars it must be confessed that the jus imperii is more narrow in matters of Religion then in other matters upon this one account that the Divine Law does appoint or determine more things concerning Religion and so takes them out of the Magistrates liberty then it does concerning other matters In hoc Reges sicut cis Divinitus praecipitur Deo serviunt in quantum Reges sunt si in suo regno bona jubeant mala prohibeant non solum quae pertinent ad humanam sicietatem verum etiam quae ad Divinam Religionem says Augustine Contra Cresco nium l. 3. c 51. The affairs of Religion I must say again are of the greatest concernment and it is not fit Gods Minister should neglect his greater affairs to take care only of the less Besides there are no matters in the Earth which have so great an influence on Mens spirits to put them in agitation as the matters of Religion and if they were exemted wholy from the authority of the Supreme Governour it would be a very hard thing for any mortal to govern at all The Non-Conformists therefore deny not the authority of the King in matters Ecclesiastical No they may perhaps be rather accused shortly for acknowledging it too much as hath been intimated seeing they do accept of his Declaration nor do they scruple his Title of Supreame Head We distinguish indeed between a Civil head of the Church and the Constitutive head The King we acknowledge the civil Head or Governour of the Church of England as well as the State that is in whom the only Supream Coercive authority does lye over all persons in Ecclesiastical as well as other matters But as to the constitutive head of our Church as an Ecclesiastical organical body it will be hard for those who own not be Bishops jure Divino to assign The National Church hitherto I took to be the Integrum of our Parochial Congregations and the Pastors of all the Parish Churches in England virtually associated for they are not actually are I think the constitutive head of the Church of England under Christ in that external formal Government of it he hath committed to them There is the internal Government of the Church which belongs only to Christ and his Spirit who alone can rule mens hearts or the external Government of it This external regiment is either formal which belongs to the Ministers or Objective which belongs to the Magistrate The Magistrate cannot therefore by vertue of his Office enter into the function of the Priest to do his work though he can make the Minister himself do it and punish him if he neglect his duty He can give a call to the Pastoral Rulers to meet and frame Ecclesiastical constitutions and when himself cannot make them they shall not yet be obligatory to the subject unless they have his Sanction This external authority over the Church which is Objective that is which is conversant about Ecclesiastical affairs but does not exercise them which is Circa Sacra not in Sacris according to Constantine of old Episcopus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 does differ from the formal which is from Christ to us as his Stewards and Embassadors and so to be put in execution no otherwise then as it is prescribed by him in the word in this mainly that the one is Declarative that can direct what is Gods will and perswade to it and threaten only with reference to another world but the other is a power to make that our duty which it requires and enforce it to be done by present punishments that is a power which is juris Constitutinum and Coercive There are two sorts then of things which are subject to the Magistrates Power or Government Things or actions determined by God himself in his word or things that are less undetermined by him as neither commanded nor forbidden For the former the Magistrates power does lye in his being made the Keeper of the Tables having no authority to change a title of Gods Law so that his work in respect of such things consists in protecting those that observe them and encouraging such by removing what will hinder and promoting what will further them in their duty as also in his discouraging the Transgressour by withdrawing the occasions of their sin and punishing them for it For the latter the power of the Magistrate does lye in his liberty to determine all such things as being before not determined so as by that determination to make them our duty which were indifferent before to make it our duty I say to avoid or do such things according as he requires or prohibits them for the common edification Haes sive Sacra sive profana sint says Grotius determinare in alterum partem jus est summae potestatis Provided always that such commands as these do indeed answer that end For seeing power in the original is derived from God as Supreame Lord Thou couldst have no power says Christ to Pilate unless it were given thee of God and it is given of God to none but for the common good we are to conceive that the things that are commanded in Civils are for the good of the Common-wealth and in Ecclesiasticals for our Spiritual edification or else though