Authority of Magistrates About Religion, Section 12
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 Ʋniverſality, 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 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.