Book 4, Chapter 10

CHAPTER X.
THE POWER OF LEGISLATION, IN WHICH THE POPE AND HIS ADHERENTS HAVE MOST CRUELLY TYRANNIZED OVER THE MINDS, AND TORTURED THE BODIES, OF MEN.

We now proceed to the second branch of the power of the Church, which the Romanists represent as consisting in legislation—a source from which have issued innumerable human traditions, the most pestilent and fatal to wretched souls. For they have made no more scruple than the scribes and Pharisees to “lay on other men’s shoulders burdens which they themselves would not touch with one of their fingers.”[973] I have shown in another place the extreme cruelty of their injunctions concerning auricular confession. None of their other laws discover such enormous violence; but those which appear the most tolerable of them all, are tyrannically oppressive to the conscience. I forbear to remark how they adulterate the worship of God, and despoil God himself, who is the sole Legislator, of the right which belongs to him. This power is now to be examined—whether the Church has authority to make laws which shall bind the consciences of men. This question has nothing to do with political order; the only objects of our present attention are, that God may be rightly worshipped according to the rule he has prescribed, and that our spiritual liberty which relates to God may be preserved entire. Whatever edicts have been issued by men respecting the worship of God, independently of his word, it has been customary to call human traditions. Against such laws we contend, and not against the holy and useful constitutions of the Church, which contribute to the preservation of discipline, or integrity, or peace. The object for which we contend, is, to restrain that overgrown and barbarous empire, which is usurped over men’s souls by those who wish to be accounted the pastors of the Church, but who in reality are its most savage butchers. For they say that the laws which they make are spiritual, pertaining to the soul, and they affirm them to be necessary to eternal life. Thus, as I have lately hinted, the kingdom of Christ is invaded; thus the liberty given by him to the consciences of believers is altogether subverted and destroyed. I forbear to remark at present with what great impiety they enforce the observance of their laws, while they teach men to seek the pardon of their sins and righteousness and salvation from it, and while they make the whole of religion and piety to consist in it. I only contend for this one point, that no necessity ought to be imposed upon consciences in things in which they have been set at liberty by Christ; and without this liberty, as I have before observed, they can have no peace with God. They must acknowledge Christ their Deliverer as their only King, and must be governed by one law of liberty, even the sacred word of the gospel, if they wish to retain the grace which they have once obtained in Christ; they must submit to no slavery; they must be fettered by no bonds.

II. These sapient legislators, indeed, pretend that their constitutions are laws of liberty, an easy yoke, a light burden. But who does not see that these are gross falsehoods? The hardship of their laws is not at all felt by themselves, who have rejected the fear of God, and securely and boldly disregard all laws, human and divine. But persons who are impressed with any concern for their salvation, are far from considering themselves at liberty as long as they are entangled in these snares. We see what great caution Paul used in this respect, to avoid “casting a snare upon” men in a single instance;[974] and that not without cause; for he saw what a deep wound would be made in their consciences, by the imposition of any necessity upon them in those things in which the Lord had left them at liberty. On the contrary, it is scarcely possible to enumerate the constitutions, which these men have most rigorously enforced with the denunciation of eternal death, and which they require to be most minutely observed as necessary to salvation. Among these, there are many exceedingly difficult to be fulfilled; but when they are all collected together in one body, so immense is the accumulation, the observance of the whole is utterly impracticable. How, then, can it be possible for those who are loaded with such a vast weight of difficulty, not to be perplexed and tortured with extreme anxiety and terror? My design at present, then, is, to oppose constitutions of this kind, which tend to bind souls internally before God, and to fill them with scruples, as if they enjoined things necessary to salvation.

III. The generality of men, therefore, are embarrassed with this question, for want of distinguishing with sufficient exactness between the outward judgment of men and the court of conscience. The difficulty is increased by the injunction of Paul, that the magistrate is to be obeyed, “not only for wrath, but also for conscience’ sake;”[975] whence it follows, that consciences are bound by political laws. If this were the case, all that we said in the last chapter, and are about to say in this, on the subject of spiritual government, would fall to the ground. To solve this difficulty, it is first of all necessary to understand what is conscience. The definition may be derived from the etymology of the word. Science, or knowledge, is the apprehension which men have of things in their mind and understanding. So, when they have an apprehension of the judgment of God, as a witness that suffers them not to conceal their sins, but forces them as criminals before the tribunal of the judge, this apprehension is called conscience. For it is something between God and man, which permits not a man to suppress what he knows within himself, but pursues him till it brings him to a sense of his guilt. This is what Paul means, when he speaks of men’s “conscience also bearing witness, and their thoughts the mean while accusing, or else excusing, one another”[976] before God. A simple knowledge might remain in man, as it were, in a state of concealment. Therefore this sentiment, which places men before the tribunal of God, is like a keeper appointed over man to watch and observe all his secrets, that nothing may remain buried in darkness. Hence that old proverb, that conscience is equal to a thousand witnesses. For the same reason, Peter speaks of “the answer of a good conscience towards God,”[977] to denote our tranquillity of mind, when, persuaded of the grace of Christ, we present ourselves before God without fear. And the author of the Epistle to the Hebrews speaks of persons “having no more conscience of sins,”[978] to signify their being liberated, or absolved, so as to feel no more remorse or compunction for sin.

IV. Therefore, as works have respect to man, so the conscience is referred to God. A good conscience is no other than an internal purity of heart. In this sense Paul says that “the end of the commandment is charity, out of a pure heart, and of a good conscience, and of faith unfeigned.”[979] In a subsequent part of the same chapter, he shows how widely it differs from simple knowledge, when he says, that “some having put away a good conscience, concerning faith have made shipwreck.”[980] For in these words he implies that it is a lively zeal for the worship of God, and a sincere desire and endeavour to live a pious and holy life. Sometimes, indeed, it is likewise extended to men, as when Luke states Paul to have made this declaration—“I exercise myself, to have always a conscience void of offence toward God and toward men.”[981] The apostle expressed himself in this manner, because the benefits proceeding from a good conscience do reach even to man. But strictly speaking, the conscience has respect to God alone, as I have already observed. Hence it is, that a law is said to bind the conscience, which simply binds a man without any observation or consideration of other men. For example, God not only commands the heart to be preserved chaste and pure from every libidinous desire, but prohibits all obscenity of language and external lasciviousness. My conscience is bound to observe this law, even though not another man existed in the world. The person, therefore, who commits any breach of chastity, not only sins by setting a bad example to his brethren, but brings his conscience into a state of guilt before God. The case of things, in themselves indifferent, stands not on the same ground; for we ought to abstain from whatever is likely to give offence, but with a free conscience. Thus Paul speaks of meat consecrated to idols: “If any man say unto you, This is offered in sacrifice to idols, eat not for his sake, and for conscience’ sake. Conscience, I say, not thine own, but of the other.”[982] A faithful man, who, after previous admonition, should eat such meat, would be guilty of sin. But though such abstinence is enjoined on him by God as necessary on account of his brother, he still retains his liberty of conscience. We see how this law, while it binds the external act, leaves the conscience free.

V. Let us now return to human laws. If they are designed to introduce any scruple into our minds, as though the observance of them were essentially necessary, we assert, that they are unreasonable impositions on the conscience. For our consciences have to do, not with men, but with God alone. And this is the meaning of the well known distinction, maintained in the schools, between a human tribunal and the court of conscience. When the whole world was enveloped in the thickest shades of ignorance, this little spark of light still remained unextinguished, so that they acknowledged the conscience of man to be superior to all human judgments. It is true that what they confessed in one word, they afterwards overturned in fact; yet it was the will of God that even at that time there should remain some testimony in favour of Christian liberty, to rescue the conscience from the tyranny of men. But we have not yet solved the difficulty which arises from the language of Paul. For if princes are to be obeyed, “not only for wrath, but also for conscience’ sake,”[983] it seems to follow, that the laws of princes have dominion over the conscience. If this be true, the same must be affirmed of the laws of the Church. I reply, In the first place, it is necessary to distinguish between the genus and the species. For the conscience is not affected by every particular law; yet we are bound by the general command of God, which establishes the authority of magistrates. And this is the hinge upon which Paul’s argument turns, that magistrates are to be honoured because they are “ordained of God.”[984] At the same time he is far from insinuating that the laws enacted by them have any thing to do with the internal government of the soul; for he every where extols the service of God and the spiritual rule of a holy life, above all the statutes and decrees of men. A second consideration worthy of notice, which is a consequence of the first, is, that human laws,—I mean such as are good and just, whether enacted by magistrates or by the Church,—though they are necessary to be observed, are not on this account binding on the conscience; because all the necessity of observing them has reference to the general object of laws, but does not consist in the particular things which are commanded. There is an immense distance between laws of this description, and those which prescribe any new form for the worship of God, and impose a necessity in things that were left free and indifferent.

VI. Such are the Ecclesiastical Constitutions, as they are now called, in the Papacy, which are obtruded as necessary to the true worship of God; and as they are innumerable, they are so many bonds to entrap and insnare souls. Though we have touched on them a little in the exposition of the law, yet as this is a more suitable place to discuss them at large, I shall now endeavour to collect a summary of the whole, in the best order I can. And as we have already said what appeared sufficient respecting the tyrannical power, which the false bishops arrogate to themselves, of teaching whatever doctrines they please, I shall at present pass over all that subject, and confine myself to a discussion of the power which they say they have, to make laws. Our false bishops, therefore, burden men’s consciences with new laws under this pretext—that the Lord has constituted them spiritual legislators, by committing to them the government of the Church. Wherefore they contend, that all the commands and ordinances ought of necessity to be observed by all Christian people, and that whoever violates them is guilty of double disobedience, because he is a rebel both against God and the Church. Certainly, if they were true bishops, I would allow them some authority of this kind; not all that they demand, but all that is requisite to the maintenance of good order in the Church. But as they bear no resemblance of the character to which they pretend, the least they can possibly assume is more than their right. Yet as this has been already proved, let us admit the supposition at present, that whatever power true bishops are entitled to, belongs to them. Still I deny that they are therefore appointed as legislators over believers, with power to prescribe a rule of life according to their own pleasure, or to constrain the people committed to them to submit to their decrees. By this observation I mean, that they have no authority to enjoin upon the observance of the Church any thing that they may have invented themselves, independently of the word of God. As this power was unknown to the apostles, and was so frequently interdicted to the ministers of the Church by the mouth of the Lord, I wonder how they have dared to usurp it, and still dare to maintain it contrary to the example of the apostles, and in defiance of the express prohibition of God.