fociety, yet the particular form of government, which each particular fociety should adopt, was left to the free option of the society, and neceffarily remains open to whatever changes or improvements the fame fo ciety fhall think proper, convenient, and neceffary, from time to time to introduce. So although a religious establishment be effential to the English conftitution, yet the particular form of that establishment must as neceffarily remain open to the general sense and option of the community, as the freedom of each individual's intercourfe and communication with his creator muft for ever remain perfectly uncontrouled. Without entering, therefore, into any polemical controversy or difpute about the particular tenets, doctrines, or principles of what once was, or what now is the religion fanctioned by the law of England, whatever my own religious opinion or belief may be, I am bound by principle to allow to my neighbour the fame liberty and right of following the dictates of his confcience, which I claim to myself: and whatever that mode of worship may be, in the free and confcientious adoption of which the majority fhall concur, the community hath the unimpeachable right of countenancing and fupporting it by civil fanctions, or, in other words,

G4

The right of a

give civil fanc

community to

ever they concur in.

tion to what

words, of making it the established religion of the country; for the adoption of a particular church establishment by the state has precifely the fame binding obligation upon the community, as the enacting any other civil regulation or ordinance whatsoever; but *"a religious establishment is no part of Christianity, it is only the means of inculcating it."

The civil eftablishment of religion in a country cannot by poffibility operate any effect upon the nature or truth of the religion itself; thus the Prefbyterian religion in England, where it has no civil establishment, is one and the fame religion as it is in Scotland, where it is the established religion of the country. The Roman Catholic religion is one and the fame, fince it hath ceased to be the established religion of this country, as it was, whilft it was fanctioned and established The effects of by the law of the land. The effects of this civil fanction or establishment are neceffarily of a mere civil nature; thus are the minifters of the established religion fupported, maintained, and dignified by the state; they form a feparate body from the laity; are bound by

acivil eftablish

rent merely civil.

Paley's Moral and Political Philofophy, 2 vol.

C. X, P. 303.

Ordinances,

ordinances, regulations, and canons, to which the laity are not subject; in many instances 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 state. 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 firft built on, with the fame offices and adminif trations, 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 Chriftian religion, an unneceffary departure from them be finful, it will continue to be fo, whatever

• Rogers's Vindication, p. 209.

the

The civil eftab

lifhment caufes

no alteration in

the nature of

the religion.

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 those 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 adminiftrations, legal provifions made for its fupport, and certain rights and privileges

fettled

fettled by law on the pastors 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 privi leges and advantages, they confer on them, and confequently a right to be protected by law in the enjoyment of them."

I have before faid, that our intellectual

The leginature

fubjects not the

operations are not under the controul of the intellect to its civil or political power of the fociety. The requifitions. legiflature, 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 lefs as an authority, which ought to over rule our own convictions., The magiftrate or legislator, 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,

nature