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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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his but is antecedent to his coming or any power given unto Him or granted by Him pag. 40. Magistrates have a power to make that a particular of the Divine Law which God had not made so p. 80. and to introduce new duties in the most important parts of Religion So that there is a publick conscience which men are in things of a publick concern relating to the Worship of God to attend unto and not to their own And if there be any sin in the command he that imposed it shall answer for it and not I whose whole duty it is to obey p. 308. Hence the command of Authority will warrant obedience and obedience will hallow my actions and excuse me from sin ibid. Hence it follows that whatever the Magistrate commands in Religion his Authority doth so immediately affect the Consciences of men that they are bound to observe it on the pain of the greatest sin and punishment And he may appoint and command whatever he pleaseth in Religion that doth not either countenance Vice or disgrace the Deity p. 85. And many other expressions are there of the general Assertion before laid down This therefore seems to me and to the most impartial Considerations of this Discourse that I could bring unto it to be the Doctrine or Opinion proposed and advanced for the quieting and composing of the great tumults described in its entrance namely That the supream Magistrate in every Nation hath power to order and appoint what Religion his Subjects shall profess and observe or what he pleaseth in Religion as to the worship of God required in it provided that he enjoyneth nothing that countenanceth Vice or disgraceth the Deity and thereby binds their Consciences to profess and observe that which is by him so appointed and nothing else are they to observe making it their duty in Conscience so to do and the highest Crime or Sin to do any thing to the contrary and that whatever the precise Truth in these matters be or whatever be the apprehensions of their own Consciences concerning them Now if our Author can produce any Law Usage or Custome of this Kingdom any Statute or Act of Parliament any authentick Record any Acts or Declarations of our Kings any publickly authorised writing before or since the Reformation declaring asserting or otherwise approving the Power and Authority described to belong unto to be claimed or exercised by the Kings of this Nation I will faithfully promise him never to write one word against it although I am sure I shall never be of that mind And if I mistake not in a transient Reflection on these Principles compared with those which the Church of England hath formerly pleaded against them who opposed her Constitutions they are utterly by them cast out of all consideration and this one notion is advanced in the room of all the Foundations which for so many years her Defenders as wife and as Learned as this Author have been building upon But this is not my concernment to examine I shall leave it unto them whose it is and whose it will be made appear to be if we are again necessitated to engage in this dispute For the present be it granted that it is the duty and in the power of every supream Magistrate to Order and Determine what Religion what Way what Modes in Religion shall be allowed publickly owned and countenanced and by publick revenue maintained in his Dominions That is this is allowed with respect to all pretensions of other Soveraigns or of his own Subjects with respect unto God it is his Truth alone the Religion by him revealed and the Worship by him appointed that he can so allow or establish The Rule that holds in private persons with respect to the publick Magistrate holds in him with respect unto God Illud possumus quod jure possumus It is also agreed that no men no individual Person no Order or Society of men are either in their persons or any of their outward concerns exempted or may be so on the account of Religion from His Power and Jurisdiction nor any Causes that are lyable unto a legal political disposal and determination It is also freely acknowledged that whatever such a Magistrate doth determi●● about the Observances of Religion under what penalties soever His Subjects are bound to observe what He doth so command and appoint unless by general or especial Rules their Consciences are obliged to a Dissent or contrary Observation by the Authority of God and His Word In this case they are to keep their Souls entire in their spiritual subjection unto God and quietly and peaceably to bear the troubles and inconveniencies which on the account thereof may befall them without the least withdrawing of their Obedience from the Magistrate And in this state of things as there is no Necessity or appearance of it that any man should be brought into such a condition as wherein Sin on the one hand or the other cannot be avoided so that state of things will probably occurr in the world as it hath done in all Ages hitherto that men may be necessitated to Sin or Suffer To winde up the state of this Controversie we say that antecedent to the Consideration of the power of the Magistrate and all the Influence that it hath upon men or their Consciences there is a superiour determination of what is true what false in Religion what right and what wrong in the Worship of God wherein the Guidance of the Consciences of men doth principally depend and whereinto it is ultimately resolved This gives an Obligation or Liberty unto them antecedent unto the imposition of the Magistrate of whose command and our actual Obedience unto them in these things it is the Rule and Measure And I think there is no Principle no common presumption of Nature nor dictate of Reason more evident known or confessed than this that whatever God commands Us in his Worship or otherwise that we are to do and whatever he forbids us that we are not to do be the things themselves in our eye great or small Neither is there any difference in these things with respect unto the Way or manner of the declaration of the Will of God Whether it be by innate common light or by Revelation all is one The Authority and Will of God in all is to be observed Yea a Command of God made known by Revelation the way which is most contended about may suspend as to any particular Instance the greatest command that we are obliged unto by the Law of Nature in reference unto one another as it did in the precept given to Abraham for the Sacrificing of his Son And we shall find our Author himself setting up the Supremacy of Conscience in opposition unto and competition with that of the Magistrate though with no great self-consistency ascribing the preheminence and prevalency in obligation unto that of Conscience and that in the principal and most important duties of Religion and
of the Divine Attributes which I suppose they are not whose Rules and formes are alterable upon accidents and occasions And we are taught also pag. 68. that the practice of Vertue consists in living suitable to the dictates of Reason and Nature which are Rules not variable and Changeable There must be some new distinction to reconcile these things which I cannot at present think of That which I would enquire from hence is whether the Magistrates have power over the Consciences of men in reference unto those things in Morality whose Rules of good and evil are of an Eternal obligation That he hath not is evidently implyed in this place And I shall not enter into the confusion of the ensuing Discourse where the latter sort of Rules for Vertue the other member of the distinction are turned into various Methods of executing Laws about outward acts of Vertue or Vice and the Vertues themselves into outward expressions and significations of Duty for I have at present no contest with this Author about his manner of writing nor do intend to have It is enough that here at once all the principal and most important Vertues are vindicated to their own unalterable Rules as such and the Consciences of Men in reference unto them put under another jurisdiction And what then becomes of this Argument That the Magistrate must have power over the Consciences of Men in matters of Divine Worship because he hath so in things Moral which are of greater importance when what is so of importance is exempted from his power Hence it sufficiently appears that the Authority of the Magistrate over men with reference unto Moral Vertue and Duty doth not respect Vertue as Vertue but hath some other consideration Now what this is is evident unto all How Moral Vertues do belong unto Religion and are parts of it hath been before declared But God who hath ordered all things in weight and measure hath fore-designed them also to another end and purpose For preparing mankind for Political Society in the world among themselves for a time as well as for Religious Obedience unto himself he inlayed his nature and composition with principles suited to both those ends and appointed them to be acted with different respects unto them Hence Moral Vertues notwithstanding their peculiar tendency unto him are appointed to be the instrument and ligament of humane Society also As the Law of Moses had in it a typical end use and signification with respect to Christ and the Gospel and a political use as the instrument of the Government of the Nation of the Jews Now the Power of the Magistrate in respect of Moral Vertues is in their latter use namely as they relate to humane policy which is concerned in the outward actings of them This therefore is granted and we shall enquire farther whether any more be proved namely that the Magistrate hath power over the outward actings of Vertue and Vice so far as humane Society or publick Tranquility is concerned in them and on that account Secondly It may be enquired what is the Power and Authority over Moral Vertues which is here ascribed unto the Civil Magistrate and over the Consciences of men with respect unto them Is it such as to make that to be Vertue which was not Vertue before or which was Vice and oblige men in Conscience to practise it as Vertue This would go a great way indeed and answer somewhat of what is or as it is said may be done in the Worship of God when that is made a part of it which was not so before But what name shall these new Vertues be called by A new Vertue both as to its Acts and Objects will as much fly the imaginations of men as a sixth sense doth It may be our Author will satisfie us as to this enquiry for he tells us pag. 80. That he hath power to make that a particular of the Divine Law that God hath not made so I wish he had declared himself how and wherein for I am afraid this expression as here it lyes is offensive The Divine Law is Divine and so is every particular of it● and how a man can make a thing Divine that is not so of it self nor by Divine Institution is hard to find out It may be that only the subject matter of the Law and not the Law it self formally is intended and to make a thing a particular of the Divine Law is no more but to make the Divine Law require that in particular of a man which it did not require of him before But this Particular referrs to the Nature Essence and Being of the thing or to the acting and occasion of it in particular And if it be taken in the latter sense here is no more ascribed unto the Magistrate than is common with him to every man in the World For every one that puts himself into new circumstances or new Relations doth so make that unto him to be a particular of the Divine Law which was not so before for he is bound and obliged unto the actual performance of many Duties which as so circumstantiated he was not bo●●● unto before But somewhat else seems to be intend●● from the ensuing discourse they are fully empowred to declare new instances of Vertue and Vice and to introduce new duties in th● most important parts of Religion And y●● I am still at the same loss For by his declaring new Instances of Vertue and Vice suppose he intends an Authoritative declaration such as that they have no other foundation nor need none to make them what they are They are new Instances of Vertue and Vice because so declared And this suits unto the introducing of new Duties in the most important parts of Religion made Duties by that introduction I wish I could yet learn what these new Instances of Vertue and Vice are or mean Whether they are new as Vertues and Vices or as Instances For the first would I could see a new practice of old Virtues but to tell you the truth I care not for any of the new Vertues that I have lately observed in the World nor do I hope ever to see any better new ones If it be the Instances that are new I wish again I knew what were more in them than the actual and occasional exercise of old Duties Pag. 79 80. conduce most to extricate us out of these ambiguities There we are informed that the Laws of every Nation do distinguish and settle mens rights and properties and that distinctly with respect whereunto Justice that prime Natural Vertue is in particular Instances to be exercised And pag. 84. It is further declared that in the administration of Justice there may be great difference in the constitution of penalties and execution of men This it seems is that which is aimed at the Magistrate by his Laws determines whteher Titius have set his hedge upon Caius's ground and whether Sempronius hath rightly conveyed his Land or