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The effects of acivil eftablishment merely civil.

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 establishment 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 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 ftate; they form a feparate body from the laity; are bound by

Paley's Moral and Political Philofophy, 2 vol.

C. X, P. 303.

ordinances,

The

The civil eftabno alteration in the religion.

lifhment caufes

the nature of

ordinances, regulations, and canons, to which
the laity are not fubject; in inftances
many
they are made corporations, and are enabled
to fue and be fued in their corporate capa-
city; and are entitled to many civil immu-
nities, rights, liberties, and privileges in the
ftate. Thus, fays Dr. Rogers, a dignitary
clergymen of the established religion, "The
church, or religious fociety established re-
mains the fame religious fociety it was be-
fore, fubfifting on the foundation it was first
built
on, with the fame offices and adminif-
trations, the fame focial rules, and the fame
terms of union between the members.
eftablishment (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 Mahome-
tifm. The commiffion and office of its paf-
tors 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 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 magistrate'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 legislation, 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 privileges 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 legiflature

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 en-
join 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 magif-
trate 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 ap-
prove the matter of them or not; but the

Rogers's Vindication, p, zó7.

nature

The diffent of fome invali

dates not the act

nature and ends of fociety do not acquire affent to his judgment: and my denying to private fubjects a right publicly to oppose his laws, does not in the least 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 fubject of it, is in no of the majority. manner impaired nor affected by the enacting of it; but my internal or intellectual difapprobation 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 universal maxim of legislation, 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

1

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