PROPOSITION XIV.
Concerning the Power of the Civil Magistrate in Matters purely Religious, and pertaining to the Conscience.
Since God hath assumed to himself the power and
Dominion of the Conscience, who alone can rightly
instruct and govern it, therefore it is not lawful
for any whosoever, by virtue of any authority
or principality they bear in the government of
this world, to force the consciences of others; and
therefore all killing, banishing, fining, imprisoning, and other such things which are inflicted upon men for the alone exercise of their conscience, or difference in worship or opinion, proceedeth from the spirit of Cain the murderer, and is contrary to the truth; providing always, that no man, under the pretence of conscience, prejudice his neighbour in his life or estate, or do anything destructive to, or inconsistent with, human society; in which case the law is for the transgressor, and justice is to be administered upon all, without respect of persons.
§. I. Liberty of conscience from the power of the
civil magistrate hath been of late years so largely
and learnedly handled, that I shall need to be but
brief in it; yet it is to be lamented that few have
walked answerably to this principle, each pleading
it for themselves, but scarce allowing it to
others, as hereafter I shall have occasion more at
length to observe.
It will be fit in the first place, for clearing of
mistakes, to say something of the state of the
controversy, that what follows may be the more clearly understood.
By conscience then, as in the explanation of the
fifth and sixth propositions I have observed, is to be
understood that persuasion of the mind which arises
from the understanding's being possessed with the belief
of the truth or falsity of any thing; which though
it may be false or evil upon the matter, yet if a man
should go against his persuasion or conscience, he would commit a sin; because what a man doth contrary to his faith, though his faith be wrong, is no ways acceptable to God. Hence the apostle saith, Whatsoever is not of faith, is sin; and he that
doubteth is damned if he eat; though the thing might
have been lawful to another; and that this doubting
to eat some kind of meats (since all the creatures
of God are good, and for the use of man, if
received with thanksgiving) might be a superstition, or at least a weakness, which were better removed. Hence Ames. de Cas. Cons. saith, The conscience, although erring, doth evermore bind, so as that he sinneth who doth contrary to his conscience,
because he doth contrary
to the will of God, although not materially and
truly, yet formally and interpretatively.
So the question is First, Whether the civil magistrate
hath power to force men in things religious to
do contrary to their conscience; and if they will not, to
punish them in their goods, liberties, and lives? This
we hold in the negative. But Secondly, As we
would have the magistrate to avoid this extreme
of encroaching upon men's consciences, so on the
other hand we are far from joining with or
strengthening such libertines as would stretch the
liberty of their consciences to the prejudice of
their neighbours, or to the ruin of human society. We understand therefore by matters of conscience such as immediately relate betwixt God and man, or men and men, that are under the same persuasion, as to meet together and worship God in that way which they judge is most acceptable unto him, and not to encroach upon, or seek to force their neighbours, otherwise than by reason, or such other means as Christ and his apostles