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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
Sword To say or think then because the Salvation of mens Souls is wrought by God's grace not by outward force that is because the Gospel is the power of God to that end and the Weapons are spiritual not carnal that is able to do this Therefore the Magistrate is not to use his Sword in Religious affairs is though in some sense true and what in that truth may be spoken in the gross obnoxious to mistake through the want of consideriug what the matter materia circa quam of humane Empire is which is the outward acts of men only those Religious acts I say as well as Secular that are outward and the not distinguishing in the government of the Church aright between that which Christ hath committed to the Magistrate and what he keeps in his own hands and executes by his own officers That which is therefore rather to be said to build Uniformly on the same bottom I suppose is this The Magistrate in that Author's notion is God's chief Officer to see his revealed Will in the world and as a Christian Magistrate let me say to see his will in the Church to be performed This I take it understanding it as to mens outward acts and without an exclusive meaning of his determining power in indifferent things is very well Now it is the will of God that every man alwayes in what he acts though he is not alwayes to act whether in things Religious or Civil should do according to his Conscience so far for certain as never to do against it which he requires of him under those terms that he shall sin certainly if he does This is God's will by the light of Nature by the rule of Scripture and universal Consent The Conscience either is in the Right and then it is as God to us it must be obeyed we must do according to it we ought not to be disturbed by man Or it is in an Error and then we must not go against it even when we are bound to be informed otherwise and lay down that Error It is the duty consequently of the Magistrate to see that his Subjects be not put upon any thing that is against their Consciences and that they serve God when it is fit according to them If a man goes against his Conscience I say he sins against God which it is his will he should not do and how does that man see the will of God to be executed who compels men to that the contrary whereof is his Will There is no need here to put any difference between those things that do not differ in this point Let the Magistrate under the Gospel have the same power with those allowing a variety only in their Judicials under the Law And whether things are Religious or Secular if God hath left them free and neither prescribed nor forbidden them let such be equally at the Magistrates determination with this difference alone that God hath determined more things certainly if not all things but Circumstances only in Religion and so exempted them from humane arbitriment then he hath done in Civil matters Let the Magistrate know farther That in whatsoever he may Command his Power is coercive and his Sword may be used I speak as to the Quod licet not quid convenit to cause his own and much more God's Will to be done There is nothing of all this does hurt that Liberty I state and establish for the Conscience whose safeguard I place not in any distinction in reference to the Magistrates power between things Sacred and Civil or between what might or ought to be done under the Law and may not under the Gospel but in the most holy Anchor of God's supream Authority and determination which over-rules the Magistrate who derives from and must not go against his Will nor can command or compel to that which he hath made to be sin as the doing any thing against Conscience is Duo sunt genera actnum imperil qui ar jus imperantis non pertinent Deo vetita jubers Deo jussa vetare And unto this is there nothing moreover that I know of to be added or replied but only to decide well as is intimated from Divines at the first between Restraint and Constraint if I may so speak it being one thing I mean how far the Magistrate may proceed in restraining men of wild Principles that they act nor according to their Conscience mis-inflamed and another in constraining them to do things which are against their Conscience That the Magistrate may proceed in the one that is to restraint upon good reason it appears from hence because that although God does require every man to act in whatsoever he does according to his Conscience yet he requires not that in every thing which is according to his Conscience he should act His Conscience may be erroneous or the thing not expedient if lawful to be done Again the Magistrates Conscience and his are two He may think he is bound in Conscience to act suppose in preaching Seditious or seducing Doctrine yet if upon restraint he acts not his Conscience cannot accuse him of sin because he cannot help it and the Magistrates restraining him is according as he believes good and thereupon he does it Now here is nothing contrary to his office the execution of God's Will whose Minister he is for the man I say does not break his Will though his Will be if he act he should act according to his Conscience because that besides the thing perhaps is not to be done he is under restraint and so excused even to himself by the necessity and the Magistrate does perform his Will as he judges in restraining him because of the evil that would follow if he should suffer him But now in the case of Constraint I mean in the constraining any to do that which is against their Conscience that is manifestly against the office or work of the Magistrate who being to see God's Will performed does hereby directly endeavour that his Will be not performed His Will is that the man should never act against his Conscience whatsoever comes of it and he is forcing him hereunto Here then are there two Questions in those Papers mentioned proposed to the life as the sum of what could be desired if they had but been directly answered when proposed The one is How far men must be suffered to do those things which they say they are in Conscience obliged to do The other is How far they may be commanded and enforced to do such things which they indeed believe and say they are in Conscience abliged not to do The substance of these Questions I perceive that excelling Gentleman takes to be one and so they are passed off into his main entendment But as the putting a difference I accounted before as to some things which in relation to what is asserted admits none So must the confounding that here wherein the difference being put is so much to purpose needs