mation of the mode of trial by juries was one of the nobleft advantages ever conferred on human fociety. Nor did the Norman conquest destroy our conftitution, though it hindered its operation for a time, and gave occafion to the exercise of much tyranny. On the contrary, the English laws gradually recovered their vigour, and became the bafis of the charter of Henry the First; of the celebrated Magna Charta, in the reign of King John; and of other charters. How strong a fense Englishmen had of their legal right to liberty, is manifeft from the numerous inftances, in which they demanded, that the great charter fhould be folemnly confirmed. Even the feudal policy, however defective it may be justly esteemed, compared with the benefits we now enjoy, was formed on the principles of freedom, with refpect to those perfons, who were poffeffed of landed property. There was, likewise, in that system, a spirit of improvement; fo that it gradually gave way, and naturally brought in a better state of things, as fociety advanced towards perfection." In fhort, to the exercise of these indefeasible rights of the community is to be attributed every legal alteration or improvement of the constitution and government of this this kingdom, fince the establishment of the English monarchy, in the perfon of king Egbert, to the present reign of his majesty King George the Third; the particulars of which we fhall proceed to confider. CHAP. CHA P. IV. OF THE CIVIL ESTABLISHMENT OF RELIGION. I Choice of our defeafible na religion an in Have already obferved, that one of the natural rights, which each individual retains, even independently of the fociety, of tural 'ght. which he is a member, is the uninterrupted communication and intercourfe of the foul with its Creator; and Mr. Payne fays, that amongst the natural rights, which he retains, are all the intellectual rights, or rights of the mind; confequently religion is one of those rights. We need not recur to fchoolmen to understand or admit this univerfal maxim of religion, that our dependance upon our creator binds us indifpenfibly to a grateful acknowledgment of our existence, and a fincere and unreferved tender of our minds and hearts, to think and act as he shall require; for I conclude with all thofe, who are neither atheists nor deifts, that the light and grace, which Almighty God communicates to his creature, in confequence of this offering, are perfonally binding upon the individual, to whom they are communicated, and confequently cannot be controuled by other G human The duty of in dividuals to fol tions of God. human beings collectively or individually, who ftand in the fame predicament of exclufive refponsibility to their Creator. The right, therefore, which each individual poffeffes of this free and uninterrupted communication and intercourfe with his Creator, is effentially paramount to all human, civil, or political power whatever. * « Religion, gentlemen, appears to me to be a gift, which God bestows on every individual, fubject to his movements and inspirations, but in every other refpect entirely free, and beyond the reach of any human jurisdiction; therefore, no one ought to affociate against his will, or without fome reasonable cause or motive, with any religious fociety whatever." And the great Fenelon, archbishop of Cambray, a prelate of the estabsivil controul. lihed religion in a Roman Catholic country Liberty of thought in religious matters not fubject to under an abfolute monarchy, speaks the fame language. "Liberty of thought is an impregnable fortrefs, which no human power can force; therefore, kings fhould not take upon themselves to direct in matters of religion." * Profeffor Noodt's Difcourfe upon Liberty of Confcience, as tranflated by A. Macawlay, p. 27. Fenelon, as quoted by Dr. Rogers, Vindication of the Civil Establishment of Religion, p. 42. my Every individual human being has not only a right, but is under an indifpenfible obligation to adopt that religious cult or mode of worship, which, after due deliberation, in the fincerity of his heart, he thinks his Creator requires of him; it follows of course, that a society composed of fuch individuals muft, collectively taken, enjoy the fame right, and be under the fame duty and obligation. As, therefore, it is neither intention nor purpose to examine, or even confider the reasons, grounds, or merits of the religious perfuafion of any one individual, fo fhall I equally avoid the discussion or examination of the internal evidence of that religion, which the majority of this community has thought proper to countenance and fupport by civil fanctions. The civil establishment of a religion affects in no manner the truth or falsehood of the religion itself. *"The magiftrate (or fupreme civil power) in Turkey has juft the fame uncontrouled civil right to establish the religion he approves, as a Christian magistrate has to establish his choice: christianity made no alteration in this cafe; but left civil power as it found it; and if it was before the judge, The rights and duties of the foas of indivi ciety the fame duals. |