The civil eftabno alteration in the religion.

lifhment causes

ordinances, regulations, and canons, to which the laity are not fubject; in many inftances they are made corporations, and are enabled to fue and be fued in their corporate capacity; and are entitled to many civil immunities, rights, liberties, and privileges in the ftate. Thus, fays Dr. Rogers, a dignitary clergymen of the established religion, *" The church, or religious fociety established remains the fame religious fociety it was before, fubfifting on the foundation it was first built on, with the fame offices and adminiftrations, the fame focial rules, and the fame terms of union between the members. The establishment (e. g.) of that religious fociety we call the Church of England, does not alter that fociety in its nature or effentials, but is purely adventitious to it.. It would remain the fame Chriftian church, if the ftate fhould think fit to establish Mahometifm. The commiffion and office of its paftors to all purely ecclefiaftical effects the fame, and the mutual duties arifing from the relation between them and their flock the fame. And if by the rules of Christian religion, an unneceffary departure from them be finful, it will continue to be fo, whatever

* Rogers's Vindication, p. 209.

the

the nature of

the civil power may determine about it. The establishment of any religion being purely a civil act, can have only civil effects. I have endeavoured to affign the proper limitations to the magiftrate's power in matters of religion; within thofe limitations, his laws concerning it have the fame legal effects, and are attended with the fame legal obligations, on himself and his fubjects, that other civil laws have, within their proper extent. The general effect of an establishment, and from which all others arife, is, that the laws or rules of a religion, or of a church profeffing that religion, are thereby incorporated, or made a part of the laws of that civil community. All the power of legiflation, which the magiftrate has, is to make civil laws for that community. If he has any power to make laws with regard to religion, thofe laws must be civil laws, a part of the body of the civil laws of that community. Thus the thirty nine articles, the liturgy, ordinal, difcipline, and polity of the church of England are incorporated into, become the matter, and made a part, of the body of our laws; legal effects are annexed to its administrations, legal provifions made for its fupport, and certain rights and privileges

fettled

fettled by law on the paftors and profeffors of it.

"The first particular effect I obferve of thefe laws is, that they give the profeffors of that religion a legal property, in the privileges and advantages, they confer on them, and confequently a right to be protected by law in the enjoyment of them."

I have before said, that our intellectual operations are not under the controul of the civil or political power of the fociety. The legislature, therefore, never attempts to enjoin the internal mental approbation, but only the external peaceable fubmiffion to its requifitions. * "It was never in my view to offer the civil authority, as a ground of affent in matters of religion, even thus far, much less as an authority, which ought to over rule our own convictions. The magiftrate or legiflator, as fuch only commands, and the fubmiffion due to him under that character, is not affent of judgment, but obedience of practice, fo far as may confift with prior obligations. The nature and ends of fociety require an obedience, either active or paffive to his laws, whether we approve the matter of them or not; but the

Rogers's Vindication, p. 207.

The legislature intellect to its requifitions.

fubjects not the

nature

The diffent of fome invali

dates not the act

nature and ends of fociety do not acquire af fent to his judgment: and my denying to private subjects a right publicly to oppose his laws, does not in the leaft imply an obligation to affent to his judgment in the matter of them." When, therefore, the community or legislature paffes a new law, the freedom of my thoughts upon the subject of it, is in no of the majority. manner impaired nor affected by the enacting of it; but my internal or intellectual disapprobation or diffent, can never warrant any pofitive or external contempt of, or refiftance to the law. If fuch refiftance were permitted, no law could acquire a binding force without the univerfal confent of every individual member of the legislature. It is an univerfal maxim of legiflation, that when a law has once been enacted by the majority of the legislature, it is as binding upon those, who oppofed, as upon thofe, who confented to the paffing of it. When, therefore, the legislature enacts, that a certain religious worship shall be fanctioned and fupported by the state, * "the conclufion afferted by the law is not, This is a true religion; much lefs, this is the only true religion (for he may believe feveral other fchemes of religion

Rogers's Vindication, p. 207.

equally

equally true, and yet be determined by very good reasons to establish that); but the conclufion of the laws is precifely this: this is the religion fhall be favoured with a civil eftablibment in this community. This conclufion is a civil law of that community, stands upon the fame foot, and is equally protected from the public oppofition of private fubjects, with any other law of the fame importance." And when this particular religious cult or worship shall have once received the civil fanction of the state, it is certainly equally binding and coercive upon the community to support it in an external civil way, as any other civil fanction whatever. So," when the fupreme authority has debated and determined a conclufion of law, a private fubject may not, confiftently with the peace of the fociety, and the common duty of subjection, be permitted to continue on the debate, or revive it as often as he please in a public way, (i. e.) print and publish books and arguments against the juftice or expediency of the law. The intention, or at least the confequence of fuch actions must be disparaging the wisdom or justice of the legislature, taking from them the efteem and confidence of

• Rogers's Vindication, p. 224.

Laws respecttablishment of

ing the civil ef

ing as other

religion as bind

laws.

The paffing of

an obligation in

a law induces

and not to op

all to fubmit to,

pofe it.