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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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it cannot be effected without the destruction and death of multitudes they also are not to be forborn Now how this ensues from the fore-mentioned Principle I know not For a supream Magistrate finding that the minds of very many of his Subjects are in their judgements and perswasions engaged in a dissent unto the Religion established by Him or somewhat in it or some part of it especially in things of practical worship though he should be perswaded that he hath so far a power over their Consciences as to command them to practise contrary to their judgement yet knowing their minds and Perswasions to be out of his reach and exempted from his Jurisdiction why may he not think it meet and conducing to publick tranquillity and all the ends of his government even the good of the whole Community committed to his charge rather to indulge them in the quiet and peaceable exercise of the Worship of God according to their own light than alwayes to bind them unto that unavoidable disquietment which will ensue upon the conflict in their minds between their judgements and their practices if he should oblige them as is desired Certainly as in truth and reality so according to this Principle he hath power so to do For to fancy him such a power over the Religion and Consciences of his Subjects as that he should be inevitably bound on all occurrences and in all conditions of affairs to impose upon them the necessary observation of one form of Worship is that which would quickly expose him to inextricable troubles And Instances of all sorts might be multiplyed to shew the ridiculous folly of such a Conception Nay it implies a perfect contradiction to what is disputed before For if he be obliged to settle and impose such a form on all it must be because there was a necessity of somewhat antecedent to his imposition whence his obligation to impose it did arise And on such a supposisition it is in vain to enquire after his Liberty or his power in these things seeing by his duty he is absolutely determined and whatever that be which doth so determine him and put an obligation upon him it doth indispensably do the same on his Subjects also which as it is known utterly excludes the Authority pleaded for This Principle therefore indeed asserts his liberty to do what he judgeth meet in these matters but contains nothing in it to oblige him to judge that it may not be meet and most conducing unto all the ends of his Government to indulge unto the Consciences of men peaceable especially if complying with him in all the Fundamentals of the Religion which himself professeth the liberty of Worshiping God according to what they apprehend of his own mind and Will And let an application of this Principle be made to the present state of this Nation wherein there are so great multitudes of persons peaceable and not unuseful unto publick good who dissent from the present establishment of outward Worship and have it not in their power either to change their judgements or to practise contrary unto them and as it is in the power of the supream Magistrate to indulge them in their own way so it will prove to be his Interest as he is the spring and center of of publick Peace and Prosperity Neither doth it appear that in this discourse our Author hath had any regard either to the real principles of the power of the Magistrate as stated in this Nation or to his own which are fictitious but yet such as ought to be obligatory to himself His principal Assertion is that the Supream Magistrate hath power to bind the Consciences of men in matters of Religion that is by Laws and Edicts to that purpose Now the highest and most obligatory way of the Supream Magistrates speaking in England is by Acts of Parliament It is therefore supposed that what is so declared in or about matters of Religion should be obligatory to the Conscience of this Author but yet quite otherwise p. 59. He sets himself to oppose and condemn a publick Law of the Land on no other ground than because it stood in his way and seemed incompliant with his principles For whereas the Law of 2 and 3 Ed. 6. which appointed two weekly dayes for Abstinence from flesh had been amongst other Reasons Prefaced with this That the Kings Subjects having now a more clear Light of the Gospel through the Infinite mercy of God such canting Language was then therein used and thereby the Kings Majesty perceiving that one meat of it self was not more holy than another c. yet considering that due Abstinence was a means to vertue and to subdue mens bodies to their souls and spirits c. And it being after found it should seem by a farther degree of Light that those Expressions meeting with the inveterate Opinions of some newly brought out of Popery had given countenance to them to teach or declare that something of Religion was placed therein thereon by the Law made 5 Elizab. adding another weekly day to be kept with the former for the same purpose the former clause was omitted and mention only made therein of the Civil and Politique Reasons inducing the Legislators thereunto and withall a Penalty of inflicting punishment on those who should affirm and maintain that there was any concernment of Conscience and Religion in that matter This provision hath so distasted our Author that forgetting it seems his own Design he reproaches it with the Title of Jejunium Cecilianum and thinks it so far from obliging his Conscience to acquiess in the Determination therein made that he will not allow it to give Law to his tongue or pen But vexet censura columbas it seems they are the Phanaticks only that are thus to be restrained Moreover on occasion hereof we might manifest how some other Laws of this Land do seem carefully to avoid that imposition on Conscience which against Law and Reason he pleadeth for For Instance in that of 21 Jacob. touching Usury and the Restraint of it unto the summ therein established it was provided that no words in this Act conteined shall be construed or expounded to allow the practise of Vsury in point of Religion and Conscience And why did not the supream Magistrate in that Law determine and bind the Consciences of men by a declaration of their duty in a point of Religion seeing whether way soever the determination had been made neither would immorality have been countenunced nor the Deity disgraced But plainly it is rather declared that he hath not Cogni●●●ce of such things with reference to the Consciences of men to oblige them or set them at liberty but only power to determine what may be practised in order to publick profit and peace And therefore the Law would neither bind nor set at liberty the Consciences of men in such cases which is a work for the supream Law-giver only Neither as it hath been before observed do