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A45126 A case of conscience whether a nonconformist, who hath not taken the Oxford Oath, may come to live at London, or at any corporate town, or within five miles of it, and yet be a good Christian : stated briefly, and published in reference to what is offered to the contrary, in a book intituled, A friendly debate betwixt a confirmist and a nonconformist : together with animadversions on a new book, entituled, Ecclesiastical polity, the general heads and substance whereof are taken under consideration : as also a peaceable dissertation, by way of composition with some late papers, entituled, Liberty of conscience, in order to the determining the magistrates power in matters of religion. Humfrey, John, 1621-1719. 1669 (1669) Wing H3673; ESTC R16379 28,077 32

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really but an open tendring that Scandal to his Brethren in his sort which Christ and his Apostle St. Paul hath so forewarned us to take heed of which is the inducing the Tender and Conscientious to do those things whereof they are unsatisfied and so to sin in the doing have so much confidence as he now seems to have in what he has done For if the black Ox shall come to tread once on this young man's foot and he grow graver or if it shall please the Lord to touch his presumptuous soul with the sense and horror of that one text or some other That it were better that a Milstone were hung about his neck and he thrown into the Sea then that one of Christ's little ones who are now tender of their Consciences should do what he hath advised it may be I say the poor man may have reason to change his Conclusion to pray to Gods above all men that his Book take no effect and taking little joy what Pilate did to with-draw the breath of his Defiance and to wish that What he hath written were unwritten Reader there is an Answer come fresh out to the Friendly Debate which is yet wholly unseen to me There is also a little Book of a subject very rarely before offered to the Publick entituled The Childrens-Petition and Remonstrance to the Parliament presented belike to both Houses on Wednesday last which appears to me of such concern to posterity that I cannot but take this spare place between these Papers to give notice of it as fit to be furthered upon that account by all who are lovers of Purity and ingenuous Virtue The Dissertation THe Discourse of Ecclesiastical Polity came to my hand within two or three days after it came abroad I kept it by me about just a week and then carried the preceding Animadversions to the Press to come out with the first sheet But how many weeks it may be ere they be printed I know not In the mean while I think good to prepare two or three more in regard of one subject which is so necessary to be adjoyned that it lies at the bottom of all our business That is Concerning the Power of the Civil Magistrate in Religious Affairs I must confess I have some Papers by me besides those against the Friendly Debate which are not controversal and contentious but healing and tending to peace The Original Design whereof was for Moderation on both sides to wit For Condescention on the part of Authority towards Tender Consciences and for submission on the part of the Subject so far as every one can to what is established I shall leave those Papers perhaps but the more entire in their proper matter and yet supply my self here out of some former years thoughts for this present occasion Indeed the power of the Supreme Magistrate in things Religious is a business of great Concern and assured Difficulty That the Church is to be govern'd by those Officers whom God hath set in it appears reasonable That such are Apostles Pastors and Teachers unto whom the Keys are committed and not the Sword cannot be denied That when there is no formal power then at all in the Magistrate over the Church of Christ there is some Superintendent inspection nevertheless belonging to him as Episcopus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Ecclesiastical Affairs the Example of the good Kings in the Old Testament and Constantine under the times of the New and the Confessions of all Churches will allow That in the exercise of this external objective power which he hath in the Church he is not to be a blind Executor onely of the Bishops will in putting a Sanction on their Canons and enforcing the observance without having the Book of the Law delivered to him and consequently a Judgement of Discretion whether they be agreeable to the Rule of Gods Word and condition of his People the consonant Judgement of Protestants will assert on all hands Now then when the Magistrate hath something to do and not all to do in these Affairs how or how far this Authority of his is to be maintained or stated that it intrench not on the Liberty of Conscience which is due to his Christian Subjects as peculiar and sacred to God is the Attempt I perceive of some late Papers bearing that Title The Arguments whereof especially as to the Nations Interest I have already praised The state of the Question I judge also to be tendered with much Ingenuity and Reason but when they come to the very point where I expect their notion fixt that I might set my foot upon it and stand fast I find the ground methinks sinking away from its Foundation Let us consult Common Places on that head De Magistrata and we shall find these are made two Questions by Divines Whether the Magistrate is to TAKE CARE of Religion Whether he is to COMPEL HIS SVBJECTS to it And when the former is granted generally from that Text Deut. 17 18. and that Tenet That he is Custos utrinsque Tabutae the latter is denied yet with Caution Distinguish say they between Cogere ad fidem and i●terdicere exercitio in heterodoxia Posterius ad evitandum corruptionem scandala competit Magistratui Distinguish again of a Commonwealth or Kingdom free or not free from divers Religions Ibi cavendae hic tolerandae sed cum conditione ne publica Religionis exercitia heterodoxis facile concedantur By this little we see a door open for Christian Prudence to be let in to the decision of these matters which being guided by the Light of Universal Nature and the General Rules of Scripture must needs make very much way for variety of Judgement and Practise in the Case To state these matters then a little which our purpose requires The Civil Magistrate says the Apostle is the Minister of God for our good The Souls good is the best good Ea est optima Respublica with Aristotle Ex cujus instituto quisque optimè beatissime vivat As Religion makes Folks be●● Subjects and best men it makes them most happy having the Promises of this Life with a better The institution of the Magistrate upon this Account appears to be for this End That the People may lead peaceable Lives under him in all Godliness as well as Honesty It is not consequently for us here to imagine that the Magistrates Authority does extend onely to Civil Things but to take a care of Sacred also and to see the Will of God to be executed in both Im●●●atores sacra saecularia ex aequo curant sin ad singula veniatur fatendum est angustius esse jus imperii circa sacra quam circa profana bac una ratione quod Lex divina de sacris plura constituat libertati eximat quam de caeteris rebus To this purpose we must know that Actions or Things quae subjacont humano imperio are either such as are determined and necessary being