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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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understands nothing but by the means and Ordinances Christ hath appointed The people are to be brought into Christianity and obey the Gospel but it must be by preaching and the use of the like means for Faith comes by hearing and by force a man cannot be made to believe Well now the Magistrate is to s●e the means Christ hath appointed to be used for the setting up the Christian Religion therefore he must not use his Sword to the end I answer the direct contrary does follow therefore he may use it seeing by his Sword or Authority it is that he must cause these means to be administred It is true the will of Christ is that the people believe in him and obey him but it is not his will that they should believe in him without the use of the means How can we believe without a Preacher when the Magistrate then here is to see his will executed the meaning is he is to see the means used that the people may be brought to believe and obey him and to this purpose he may and must use his Sword if there be occasion for it He may and must punish the Minister and others if they neglect to do their Officer In the third place this position seems to put a difference between the matter of Religion and other matters in reference to the consequence inferred viz. as if the Magistrate acting in seeing Gods will executed in no other manner then God does approve must not use the Temporal Sword in Religious when he may in other matters whereas there is a difference indeed to be put between Things and Things upon this account for some things come not within the Verge hereof and some do but these Things and Things are not rightly stated Religious and Civil matters This cloud doubtless arises from hence In regard that in matters of Religion the Conscience is supposed to be concerned when it is not ordinarily in other things therefore are Religious matters conceived as reciprocal here with the whole matter of conscience wherein indeed the distinction does lye which is to be made in opposition to other matters The fourth cloud is upon the consequence it self It follows not from the Magistrate acting in no other manner then God approves in the seeing his will performed 〈…〉 ●ot use his Sword in the concerns of Religion The King of Ninive Decrees a fast in honour to the true God not be neglected we may be sure without punishment by any Nebuchadnezar Decrees that no body speak amiss of the Jews God under the pain of being cut in pieces Attaxerxes gives Commission to Ezra that whosoever would not obey the Law of his God judgement should be executed whether unto death or unto banishment or to confiscation of goods or to imprisonment Indeed these Princes being Heathen who believed more Gods then their own are not to be conceived to decree any thing hereby against their proper Religion or the consciences of of the people upon whom this is imposed but for the use of Sword in the matter of Religion as in other matters it is express in these instances to pass by what may be heaped hither from the Kings of Judah The last cloud or clouds then follow that having had difference made there where it needs not we have indeed no difference made there where it needs For besides that when the Magistrate is said to be Gods Minister to see his will in general to be executed it ought to be laid down with restriction to mens outward acts only and a salvo to his power constitutive of duty in indifferent things there are moreover these two Distinctions mainly lacking for the determining this matter and which are the groundwork of the whole Exercitation The one is that whether things be Religious or Secular under the Gospel or under the Law we must distinguish between those outward acts which are against mens consciences and those that are not against them This is the chief thing to be held fast In such acts which are against mens consciences it is true and a vehement truth the Magistrate acting in that manner God hath appointed cannot use his Temporal Sword It is not agreeable to the Law of Nature or rule of human reason to work upon the conscience with outward force and the manner God hath appointed the Magistrate to act in as was said e'en now is no other but to act agreeable hereunto Yet is not the reason for this upon on which I choose to stand here so much from the manner wherein the Magistrate is to act least that alone be to infirm to bear the stress is laid upon it as from the matter he is to see done That which he is to see performed is Gods will and I say that those acts these outward acts he were otherwise to see done which are against mens consciences are the matter of his forbidden will and so must he let them alone But as for all other outward acts of men which are not against their consciences Let the Magistrate see that what he requires be for the good of his people either for their Spiritual or Temporal good as whatsoever he requires which is not against Gods Law we may conceive like to be and whether they be Religious or Civil he is under the Gospel as well as under the Law Gods Minister and beareth not the Sword in vaine The other distinction which must not be forgotten does lye in the difference I put between a forcing men to that which is against their consciences and restraining them sometimes from that which they think they are bound to do The one of these may be lawful fit reasonable and without which the Government it self can hardly be secured when the other is never to be held so upon that one reason mentioned and is irrefragable Here then are two Questions in those ingenuous Papers 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 〈◊〉 How far they may be commanded and enforced to do such things which they indeed believe and say they are in conscience obliged not to do The substance of th●se Questions the Gentleman I perceive took to be one and so passes them off But as the putting a diff●rence I account before as to some things which in relation to what is asserted admits none so must the confounding that here wherein the difference bring put is so much to purpose needs lead him into darkness To these two questions therefore I answer instead of those Papers As to the former which is the case only of restraint I doubt not but men may and ought to be restrained often times in many things unto which they think themselves to be obliged and that for this reason Because that although God does require every man to act in
to it If our prosecuting the Law upon you will make you do it rather than suffer we dare not prosecute you to destroy your Soul but if you will for the sake of the general commodity or good example bear the punishment rather than do the thing and we be assured of it then can we do our office without hazard either of yours or our own damnation SECT 13. After this I begin to think what does hinder but that this worthy Knight my friend and I should reconcile As for the main business we hold together against any that shall oppose us That in all matters of Religion the Magistrate may not use his Sword to force any against their Consciences and so long as we agree in the main we may have leave to abound each in his own sense otherwise The difference then we have under this agreement does I suppose lie in two things The one is That in things Religious this Gentleman seems to deny the Magistrate the use of his Sword altogether and I deny it him not but meerly when such things are against mens Consciences And herein methinks he should come over to me for seeing Liberty of Conscience is the thing mainly he is engaged for in the denial of the Magistrate the use of his Sword in these things there is no need he should deny it at all when Conscience is not concern'd in them The other is that in Civil things he grants the Magistrate the use of his Sword as over liberally as he takes it away in Religious whereas I suppose that as long as there is still the same reason that is so long as the thing is against a man's conscience the Magistrate may not force any one to it whether it be Civil or Religious And herein indeed should I be as ready to come over to him who knows how prudent it must seem in standing for Liberty to confine it to things of Supernatural Revelation lest the Magistrate be offended if we touch on Civils but that if I did so I must really forsake the Patronage of Conscience which I am not willing my self nor that this Gentleman should do For if we grant once that Conscience may be forc'd in any one thing there may be the same or the like reason urged to force it in another and so in all and then here liberty is gone If we will not stand by her in all distresses we cannot defend her in any The ground of all 's is Conscience is a thing which can be ruled by none but the Almighty And for as much as all Authority or power resolved into its original is the will of God that such a one should command it seems not a thing consonant to reason to suppose it the will of God that a Superiour should require that of a person which it is his will that person should not do Things then which are Civil may be so in themselves and yet come under some consideration which is religious or may have Religion incidental to them If this worthy Gentleman be content to hold that in things Civil under every consideration that is but civil the Magistrate may use his Sword without scruple I yeild to him but if a thing secular does come under a consideration which is religious and in that consideration is against a mans Conscience I cannot conceive but that the case is the same here as if the matter were it self Religious For whatsoever the thing be in that respect as he makes a Conscience of it I have said before it is a point of Religion to him The Fifth-Monarchy-man thinks in his Conscience he may not pay Taxes A strange opinion Against Scripture Sense and Righteousness Yet if you ask the man his reason he will bring you a Text perhaps out of Daniel or the Revelations and the sum of all will come to this that if he does he thinks verily he shall receive the mark of the Beast and be cast into the lake of fire and brimstone and rather than venture that he will chose to suffer though it were death I count this man now as one in a Feaver that is touched in his head and who can help such a conceit his opinion is grounded on the Revelation and we agree that in matters of supernatural Revelation the Magistrate may not force any against their Consciences What then shall he do I answer In this case and the like as this is it is the management only of the Laws with prudence will decide such difficulties It is against the mans Conscience voluntarily to pay his Tax it will wound his Soul if he does but it is not against his Conscience nor will it wound him that he is assessed and that the Officer comes and distrains and pays himself So long as he bears his testimony by a non-payment he is willing to have the money taken by force And thus does the Officer do right for the Law is he shall pay or be distrained and the man keeps his Conscience and no hurt is done But if a Magistrate would not be content here unless the man payes his money in specie and by way of acknowledging his Authority from God or else he will hang him or burn him I have not a heart so hard to justifie any such rigor which appears more than needs Unto this instance no doubt but we may suppose many more wherein there may be required of persons some things which are apparently their duty as this rendring to Caesar the things which are Caesars is by the Law of God as well as man and yet in regard of some principles some have received or some circumstances they are in they are against their Consciences You may ask therefore in general Does not the Magistrate well to use his Sword and execute the Law upon offenders in such cases I answer no doubt but he does because he acts upon supposition that such things are according to their Consciences and he is not to suppose otherwise Nevertheless if it come within his cognizance that the thing indeed is a matter of Conscience to him I do humbly apprehend and say that the great duty of Charity which he owes to his brothers Soul and is above any Law of man ought to prevail with him for some such middle course in the execution of the Law that neither may the man be hurt in his Religion nor the publick suffer by his ill example but that both his Conscience be regarded and righteousness also take place You may say perhaps You would indeed have the magistrate have a care and not force a man to any thing against his Conscience but you think notwithstanding he may very comfortably punish him if he do not what was enjoyned I will ask then For what could you comfortably punish him for being true only to his Conscience which is to be faithful to God I do not find if I were a Magistrate that I could have any great comfort in that Indeed if a man were