Page images
PDF
EPUB

The right of the

Community to

check and pu

nith refractory

members.

Dr. Priestley's doctrine's about

mined.

from this competency arifes the indefeasible right, which the community poffeffes, of checking and punishing such refractory and feditious members of her body, who, by their open and avowed principles and actions, endeavour to weaken, difturb, or fubvert that political economy of the state, which is the deliberate and free choice of the community. It will therefore be more proper in future to treat and speak of thefe perfons, rather as political opponents of the principles of the state, than religious diffenters from the doctrines of the church of England.

By examining the doctrines of Dr. Priestley, refiftance exa- upon this very important fubject, the application of the principles, which I have already laid down, as admitted by all, will more clearly appear. *«In examining the right of the civil magiftrate to establish any mode of religion, or that of the subject to oppose it, the goodness of the religion, or of the mode of it, is not to be taken into the question; but only the propriety (which is the fame with the utility) of the civil magiftrate, as fuch, interfering in the bufinefs. For what the magistrate. may think to be very juft, and even conducive

Dr. Prieftley's Effay on the firft Principles of Government, p. 141.

to

to the good of fociety, the fubject may think to be wrong and hurtful to it."

If Dr. Prieftley here means, by the term magiftrate, the fupreme legislative power of the ftate, from what has already been faid, it will clearly appear, that the subject is bound and concluded by the act of his own trustees and delegates; and fuch are the three eftates of our legislature, as I fhall hereafter more particularly observe. It is not poffible, therefore, in the present fyftem of the British conftitution, for the fubject (if by the term fubect is meant the majority of the community) to think that wrong and hurtful, which the representatives of the community, who must be supposed to speak the language of the real majority, think to be just and conducive to the good of the fociety. But although the minority of the community should think fo differently of the act of the majority, their difapprobation or confideration of the meafure will neither invalidate the act; nor justify any refiftance against it, when it has once acquired the force of a law: for * « every law is a direct emanation of the fovereignty of the people," confequently must be taken for the act of the majority.

Macintosh, p. 297

The civil magiftrate nothing to do

with the truth of religion.

But if by the term magiftrate, he means that executive magiftratical power, which by thé conftitution is vefted in the king or fupreme executive power of the ftate, and from him is derived to all fubordinate civil magiftrates throughout the realm, the obfervation is perfectly abfurd and irrelevant: for the executive magiftrate has no legislative power; and he is equally bound by his duty and truft to enforce the laws, which make or which concern the civil eftablishment of religion, as any other laws whatfoever, which is very pointedly noticed by Dr. Priestley himself in another part of his works. *«The civil magiftrate has nothing to do with the truth of religion, being obliged to provide for that, which is profeffed by the majority of the fubjects, though he himself fhould be of a different perfuafion. Thus the king of Great Britain muft maintain epifcopacy in England and prefbyterianism in Scotland, whether he be a prefbyterian as king William, a Lutheran as Geo. I. or a true churchman as his prefent Majefty."

t "Others have the moderation and good fense to admit the reafonableness of perfons

Letters to Mr. Burke, Lett. vi. p. 51.

+ Priestley's Effays on the First Principles of Gowernment, p. 145.

being allowed to judge for themselves, and to think as they please in matters of religion, and even to exercise whatever mode of religion their confciences approve of; but they will not admit of any thing, that has a tendency to increase the obnoxious fect, no publication of books, or other attempts to make profelytes, nor even a reflection upon the established religion, though it be necessary to a vindication of their own. But what fignifies a privilege of judging for ourselves, if we have not the neceffary means of forming a right judgment, by the perufal of books containing the evidence of both fides of the queftion? What fome diftinguifh by the names of active and passive oppofition to an established religion, differ only in name and degree. To defend myself, and to attack my adversary, is, in many cases, the very fame thing, and the one cannot be done without the other."

This affumption of a right to reprobate and refift the civil establishment of religion appears to be founded upon the prefumption, that it is equally competent for every individual of the community to form his own mind upon the fubject of religion. So fays Dr. Priestley to Mr. Burke, "It is no un

• Dr. Priestley's Letters to Mr. Burke, Let. vi. P. 51.

[blocks in formation]

The difpute in
Priestley upon

stituted by Dr.

falfe grounds.

common thing for what appears to be profound and extenfive wisdom to one man, to appear the extreme of folly to another; and unfortunately, owing perhaps to the difference of our education and early habits, this is precifely the difference between you and me. What you admire I defpife; and what you think highly useful, I am perfuaded is highly mifchievous." Now were this a matter of mere perfonal variance between Dr. Prieftley, and Mr. Burke upon a point of controvertible matter, thofe, who might think it worth their while to take the point of difference under their confideration, would either decide upon it by the degree of deference and authority, which they would allow to the contefting parties, or by the internal merits and evidence of the question in difpute. But in the prefent cafe the queftion is, how far any one individual is authorifed to oppose the folemn and formal act of the majority of the community. Mr. Burke has expreffed the known and avowed fentiments of the majority of this community, who have for fome centuries thought proper to apply a part of their power and authority, in fupporting that religious fyftem, which was the refult of their own free election. Dr. Pricftley on behalf of himself, and of fome diffenters

t

« PreviousContinue »