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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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them but say the Commanders of those Jews and those Soldiers might have compelled them in those cases I say if any of them could they ought and they should not have been said then to dye in their innocency I say again if they might then can a Magistrate command and force a man to act against his conscience then can he command him to sin then can he command what God has forbidden then must man be above God The earth it self methinks can as soon be moved as this foundation SECT 12. What shall we say then to these things Shall we complain that God Almighty hath put in man such a sturdy thing as Conscience is which makes him so often to become refractory to the commandments of his Superiors whensoever they do but require any thing against it No there is good reason God should maintain to himself an Authority above any mortal in the earth and that his name should be glorified by his servants in the confession of it to be world Or shall we complain of Government desiring to be rid of it as that which is so uneasie to our Consciences that we cannot hardly serve God but we must disobey man and incur danger about it Shall we rise up therefore in rebellion and acquit our selves God forbid It is the will of Heaven who hath put into the heart of man an awe to his invisible being as our supream Lord to constitute the Magistrate to bear his Image and representation in the earth that in his person himself may be honoured so long as we obey only with subordination to his will and the common good which is the end of his appointment If neither of these what then Shall we be e'en content in this state of corruption and imperfection when the Fall hath brought so much difficulty upon all things else as well as Government to offer the best composition we can between the duty the Magistrate owes to God and his people and the obedience the people owe to him and their consciences so that we may not put off any truth which stands irrefragable by the pleading inconvenience when these inconveniences are by prudence to be prevented and if we do it but as well as we can that is as the state of mans corruption or human frailty and infirmity will allow it suffices and the rest must be born Shall we agree upon this if we shall I have but a little more to say hereunto and I have done The Office of the Magistrate is to make the Laws and to see to the execution In all things as well Religious I have said as Civil which are for the peoples good he may pass and execute any Laws so long as they be agreeable to the Word of God and mens Consciences but he can command or inforce nothing which is against mens Consciences This is delivered already Those things now which are against mens Consciences let us consider in the last place which hath been intimated also from one or two occasions before are either such as are against the Vniversality or against so many of their Consciences as the Magistrate is to take Cognizance of them or against the Consciences only of so few as is not meet for him to take cognizance of them In the first case he is not to pass such a Law I count upon any terms if he do he sins against his Charge and he hath no authority to sin himself or cause any to sin In the second we may suppose that the Consciences of a few particular persons only are not sufficient to put an obstruction to any law really good for the Community but it is to be accounted for the universalities sake to be according to the subjects Consciences and not against them But when I have said thus as to the passing of the Law I must say also that in the execution of such Laws I hold that even those particular persons ought to be regarded In order hereunto There are some that pretend conscience of a thing when indeed they make none of it Understand not this so as if all that could not give a reason sufficient for what they hold did not make a conscience of it which hath cause a great prejudice and false reckoning of this business but when they believe not the thing really in their heart to be so as they pretend When men pretend they make a Conscience of a thing and indeed do not I would have the Magistrate above all men to execute the Law upon such supposing they judg that Law righteous and make them an example If you will say But how shall a Magistrate know this seeing no man can judg of anothers heart I acknowledge readily this is a difficulty and the chief thing which requires the Magistrates prudence and faithfulness Yet this I say That every man for all that being judg of his own acts and the punishing of forbearing a person being what the Magistrate does he must go and can but go according to his judgment He uses the Mediums as a wise man does and lawfully may take his conjecture the tree is known by his fruit and it is not necessary it should be certain but only that it be certain he so judges and if he be convinced in his Soul and indeed judges the mans profession only to be pretence it is his own judgment and nothing else can determine him Although where the person is serious in what he declares and not under any publick note of perfidiousness the rule of Charity which hopeth all things and believeth all things and thinketh no evil must encline him to the best construction When men do truly make the conscience they pretend let the Justice take heed and see that he likewise reverence Conscience no less than they do If the penalty be such only as the man is like to endure it without scruple rather than do that which is against his Conscience the Magistrate may be the bolder in executing that Law upon him But if it be such as he is like rather to do the thing against his Conscience than suffer it I would not be that Magistrate who should put such a Law in execution upon any In the mean time every particular man for himself is to look to his Conscience as his Judg in the business of his Soul and account that authority void to him whatsoever it be that commands any thing contrary to what that dictates And the supream Authority is to conceive that those that act under it will use prudence upon that account Which prudence I fear me really in this case can hardly be Christian but it must come to this That either they must totally forbear and not so much as threaten prosecution of the Law upon such a person or else perswade him first to resolution to bear the penalty and not do the thing against his conscience They must in effect say thus to the man If this thing be against your Conscience we advise you not