But it will be here asked: "If nothing belonging to divine worship be left to human discretion, how is it then that Churches themselves have the power of ordering anything about the time and place of worship and the like?" To this I answer that in religious worship we must distinguish between what is part of the worship itself and what is but a circumstance. That is a part of the worship which is believed to be appointed by God and to be well-pleasing to Him, and therefore that is necessary. Circumstances are such things which, though in general they cannot be separated from worship, yet the particular instances or modifications of them are not determined, and therefore they are indifferent. Of this sort are the time and place of worship, habit and posture of him that worships. These are circumstances, and perfectly indifferent, where God has not given any express command about them. For example: amongst the Jews the time and place of their worship and the habits of those that officiated in it were not mere circumstances, but a part of the worship itself, in which, if anything were defective, or different from the institution, they could not hope that it would be accepted by God. But these, to Christians under the liberty of the Gospel, are mere circumstances of worship, which the prudence of every Church may bring into such use as shall be judged most subservient to the end of order, decency, and edification. But, even under the Gospel, those who believe the first or the seventh day to be set apart by God, and consecrated still to His worship, to them that portion of time is not a simple circumstance, but a real part of Divine worship, which can neither be changed nor neglected.
In the next place: As the magistrate has no power to impose by his laws the use of any rites and ceremonies in any Church, so neither has he any power to forbid the use of such rites and ceremonies as are already received, approved, and practised by any Church; because, if he did so, he would destroy the Church itself: the end of whose institution is only to worship God with freedom after its own manner.
You will say, by this rule, if some congregations should have a mind to sacrifice infants, or (as the primitive Christians were falsely accused) lustfully pollute themselves in promiscuous uncleanness, or practise any other such heinous enormities, is the magistrate obliged to tolerate them, because they are committed in a religious assembly? I answer: No. These things are not lawful in the ordinary course of life, nor in any private house; and therefore neither are they so in the worship of God, or in any religious meeting. But, indeed, if any people congregated upon account of religion should be desirous to sacrifice a calf, I deny that that ought to be prohibited by a law. Meliboeus, whose calf it is, may lawfully kill his calf at home, and burn any part of it that he thinks fit. For no injury is thereby done to any one, no prejudice to another man's goods. And for the same reason he may kill his calf also in a religious meeting. Whether the doing so be well-pleasing to God or no, it is their part to consider that do it. The part of the magistrate is only to take care that the commonwealth receive no prejudice, and that there be no injury done to any man, either in life or estate. And thus what may be spent on a feast may be spent on a sacrifice. But if peradventure such were the state of things that the interest of the commonwealth required all slaughter of beasts should be forborne for some while, in order to the increasing of the stock of cattle that had been destroyed by some extraordinary murrain, who sees not that the magistrate, in such a case, may forbid all his subjects to kill any calves for any use whatsoever? Only it is to be observed that, in this case, the law is not made about a religious, but a political matter; nor is the sacrifice, but the slaughter of calves, thereby prohibited.
By this we see what difference there is between the Church and the Commonwealth. Whatsoever is lawful in the Commonwealth cannot be prohibited by the magistrate in the Church. Whatsoever is permitted unto any of his subjects for their ordinary use, neither can nor ought to be forbidden by him to any sect of people for their religious uses. If any man may lawfully take bread or wine, either sitting or kneeling in his own house, the law ought not to abridge him of the same liberty in his religious worship; though in the Church the use of bread and wine be very different and be there applied to the mysteries of faith and rites of Divine worship. But those things that are prejudicial to the commonweal of a people in their ordinary use and are, therefore, forbidden by laws, those things ought not to be permitted to Churches in their sacred rites. Only the magistrate ought always to be very careful that he do not misuse his authority to the oppression of any Church, under pretence of public good.
It may be said: "What if a Church be idolatrous, is that also to be tolerated by the magistrate?" I answer: What power can be given to the magistrate for the suppression of an idolatrous Church, which may not in time and place be made use of to the ruin of an orthodox one? For it must be remembered that the civil power is the same everywhere, and the religion of every prince is orthodox to himself. If, therefore, such a power be granted unto the civil magistrate in spirituals as that at Geneva, for example, he may extirpate, by violence and blood, the religion which is there reputed idolatrous, by the same rule another magistrate, in some neighbouring country, may oppress the reformed religion and, in India, the Christian. The civil power can either change everything in religion, according to the prince's pleasure, or it can change nothing. If it be once permitted to introduce anything into religion by the means of laws and penalties, there can be no bounds put to it; but it will in the same manner be lawful to alter everything, according to that rule of truth which the magistrate has framed unto himself. No man whatsoever ought, therefore, to be deprived of his terrestrial enjoyments upon account of his religion. Not even Americans, subjected unto a Christian prince, are to be punished either in body or goods for not embracing our faith and worship. If they are persuaded that they please God in observing the rites of their own country and that they shall obtain happiness by that means, they are to be left unto God and themselves. Let us trace this matter to the bottom. Thus it is: An inconsiderable and weak number of Christians, destitute of everything, arrive in a Pagan country; these foreigners beseech the inhabitants, by the bowels of humanity, that they would succour them with the necessaries of life; those necessaries are given them, habitations are granted, and they all join together, and grow up into one body of people. The Christian religion by this means takes root in that country and spreads itself, but does not suddenly grow the strongest. While things are in this condition peace, friendship, faith, and equal justice are preserved amongst them. At length the magistrate becomes a Christian, and by that means their party becomes the most powerful. Then immediately all compacts are to be broken, all civil rights to be violated, that idolatry may be extirpated; and unless these innocent Pagans, strict observers of the rules of equity and the law of Nature and no ways offending against the laws of the society, I say, unless they will forsake their ancient religion and embrace a new and strange one, they are to be turned out of the lands and possessions of their forefathers and perhaps deprived of life itself. Then, at last, it appears what zeal for the Church, joined with the desire of dominion, is capable to produce, and how easily the pretence of religion, and of the care of souls, serves for a cloak to covetousness, rapine, and ambition.
Now whosoever maintains that idolatry is to be rooted out of any place by laws, punishments, fire, and sword, may apply this story to himself. For the reason of the thing is equal, both in America and Europe. And neither Pagans there, nor any dissenting Christians here, can, with any right, be deprived of their worldly goods by the predominating faction of a court-church; nor are any civil rights to be either changed or violated upon account of religion in one place more than another.
But idolatry, say some, is a sin and therefore not to be tolerated. If they said it were therefore to be avoided, the inference were good. But it does not follow that because it is a sin it ought therefore to be punished by the magistrate. For it does not belong unto the magistrate to make use of his sword in punishing everything, indifferently, that he takes to be a sin against God. Covetousness, uncharitableness, idleness, and many other things are sins by the consent of men, which yet no man ever said were to be punished by the magistrate. The reason is because they are not prejudicial to other men's rights, nor do they break the public peace of societies. Nay, even the sins of lying and perjury are nowhere punishable by laws; unless, in certain cases, in which the real turpitude of the thing and the offence against God are not considered, but only the injury done unto men's neighbours and to the commonwealth. And what if in another country, to a Mahometan or a Pagan prince, the Christian religion seem false and offensive to God; may not the Christians for the same reason, and after the same manner, be extirpated there?
But it may be urged farther that, by the law of Moses, idolaters were to be rooted out. True, indeed, by the law of Moses; but that is not obligatory to us Christians. Nobody pretends that everything generally enjoined by the law of Moses ought to be practised by Christians; but there is nothing more frivolous than that common distinction of moral, judicial, and ceremonial law, which men ordinarily make use of. For no positive law whatsoever can oblige any people but those to whom it is given. "Hear, O Israel," sufficiently restrains the obligations of the law of Moses only to that people. And this consideration alone is answer enough unto those that urge the authority of the law of Moses for the inflicting of capital punishment upon idolaters. But, however, I will examine this argument a little more particularly.
The case of idolaters, in respect of the Jewish commonwealth, falls under a double consideration. The first is of those who, being initiated in the Mosaical rites, and made citizens of that commonwealth, did afterwards apostatise from the worship of the God of Israel. These were proceeded against as traitors and rebels, guilty of no less than high treason. For the commonwealth of the Jews, different in that from all others, was an absolute theocracy; nor was there, or could there be, any difference between that commonwealth and the Church. The laws established there concerning the worship of One Invisible Deity were the civil laws of that people and a part of their political government, in which God Himself was the legislator. Now, if any one can shew me where there is a commonwealth at this time, constituted upon that foundation, I will acknowledge that the ecclesiastical laws do there unavoidably become a part of the civil, and that the subjects of that government both may and ought to be kept in strict conformity with that Church by the civil power. But there is absolutely no such thing under the Gospel as a Christian commonwealth. There are, indeed, many cities and kingdoms that have embraced the faith of Christ, but they have retained their ancient form of government, with which the law of Christ hath not at all meddled. He, indeed, hath taught men how, by faith and good works, they may obtain eternal life; but He instituted no commonwealth. He prescribed unto His followers no new and peculiar form of government, nor put He the sword into any magistrate's hand, with commission to make use of it in forcing men to forsake their former religion and receive His.
Secondly, foreigners and such as were strangers to the commonwealth of Israel were not compelled by force to observe the rites of the Mosaical law; but, on the contrary, in the very same place where it is ordered that an Israelite that was an idolater should be put to death,[7] there it is provided that strangers should not be vexed nor oppressed. I confess that the seven nations that possessed the land which was promised to the Israelites were utterly to be cut off; but this was not singly because they were idolaters. For if that had been the reason, why were the Moabites and other nations to be spared? No: the reason is this. God being in a peculiar manner the King of the Jews, He could not suffer the adoration of any other deity (which was properly an act of high treason against Himself) in the land of Canaan, which was His kingdom. For such a manifest revolt could no ways consist with His dominion, which was perfectly political in that country. All idolatry was, therefore, to be rooted out of the bounds of His kingdom because it was an acknowledgment of another god, that is say, another king, against the laws of Empire. The inhabitants were also to be driven out, that the entire possession of the land might be given to the Israelites. And for the like reason the Emims and the Horims were driven out of their countries by the children of Esau and Lot; and their lands, upon the same grounds, given by God to the invaders.[8] But, though all idolatry was thus rooted out of the land of Canaan, yet every idolater was not brought to execution. The whole family of Rahab, the whole nation of the Gibeonites, articled with Joshua, and were allowed by treaty; and there were many captives amongst the Jews who were idolaters. David and Solomon subdued many countries without the confines of the Land of Promise and carried their conquests as far as Euphrates. Amongst so many captives taken, so many nations reduced under their obedience, we find not one man forced into the Jewish religion and the worship of the true God and punished for idolatry, though all of them were certainly guilty of it. If any one, indeed, becoming a proselyte, desired to be made a denizen of their commonwealth, he was obliged to submit to their laws; that is, to embrace their religion. But this he did willingly, on his own accord, not by constraint. He did not unwillingly submit, to show his obedience, but he sought and solicited for it as a privilege. And, as soon as he was admitted, he became subject to the laws of the commonwealth, by which all idolatry was forbidden within the borders of the land of Canaan. But that law (as I have said) did not reach to any of those regions, however subjected unto the Jews, that were situated without those bounds.
Thus far concerning outward worship. Let us now consider articles of faith.
The articles of religion are some of them practical and some speculative. Now, though both sorts consist in the knowledge of truth, yet these terminate simply in the understanding, those influence the will and manners. Speculative opinions, therefore, and articles of faith (as they are called) which are required only to be believed, cannot be imposed on any Church by the law of the land. For it is absurd that things should be enjoined by laws which are not in men's power to perform. And to believe this or that to be true does not depend upon our will. But of this enough has been said already. "But." will some say; "let men at least profess that they believe." A sweet religion, indeed, that obliges men to dissemble and tell lies, both to God and man, for the salvation of their souls! If the magistrate thinks to save men thus, he seems to understand little of the way of salvation. And if he does it not in order to save them, why is he so solicitous about the articles of faith as to enact them by a law?
Further, the magistrate ought not to forbid the preaching or professing of any speculative opinions in any Church because they have no manner of relation to the civil rights of the subjects. If a Roman Catholic believe that to be really the body of Christ which another man calls bread, he does no injury thereby to his neighbour. If a Jew do not believe the New Testament to be the Word of God, he does not thereby alter anything in men's civil rights. If a heathen doubt of both Testaments, he is not therefore to be punished as a pernicious citizen. The power of the magistrate and the estates of the people may be equally secure whether any man believe these things or no. I readily grant that these opinions are false and absurd. But the business of laws is not to provide for the truth of opinions, but for the safety and security of the commonwealth and of every particular man's goods and person. And so it ought to be. For the truth certainly would do well enough if she were once left to shift for herself. She seldom has received and, I fear, never will receive much assistance from the power of great men, to whom she is but rarely known and more rarely welcome. She is not taught by laws, nor has she any need of force to procure her entrance into the minds of men. Errors, indeed, prevail by the assistance of foreign and borrowed succours. But if Truth makes not her way into the understanding by her own light, she will be but the weaker for any borrowed force violence can add to her. Thus much for speculative opinions. Let us now proceed to practical ones.
A good life, in which consist not the least part of religion and true piety, concerns also the civil government; and in it lies the safety both of men's souls and of the commonwealth. Moral actions belong, therefore, to the jurisdiction both of the outward and inward court; both of the civil and domestic governor; I mean both of the magistrate and conscience. Here, therefore, is great danger, lest one of these jurisdictions intrench upon the other, and discord arise between the keeper of the public peace and the overseers of souls. But if what has been already said concerning the limits of both these governments be rightly considered, it will easily remove all difficulty in this matter.
Every man has an immortal soul, capable of eternal happiness or misery; whose happiness depending upon his believing and doing those things in this life which are necessary to the obtaining of God's favour, and are prescribed by God to that end. It follows from thence, first, that the observance of these things is the highest obligation that lies upon mankind and that our utmost care, application, and diligence ought to be exercised in the search and performance of them; because there is nothing in this world that is of any consideration in comparison with eternity. Secondly, that seeing one man does not violate the right of another by his erroneous opinions and undue manner of worship, nor is his perdition any prejudice to another man's affairs, therefore, the care of each man's salvation belongs only to himself. But I would not have this understood as if I meant hereby to condemn all charitable admonitions and affectionate endeavours to reduce men from errors, which are indeed the greatest duty of a Christian. Any one may employ as many exhortations and arguments as he pleases, towards the promoting of another man's salvation. But all force and compulsion are to be forborne. Nothing is to be done imperiously. Nobody is obliged in that matter to yield obedience unto the admonitions or injunctions of another, further than he himself is persuaded. Every man in that has the supreme and absolute authority of judging for himself. And the reason is because nobody else is concerned in it, nor can receive any prejudice from his conduct therein.
But besides their souls, which are immortal, men have also their temporal lives here upon earth; the state whereof being frail and fleeting, and the duration uncertain, they have need of several outward conveniences to the support thereof, which are to be procured or preserved by pains and industry. For those things that are necessary to the comfortable support of our lives are not the spontaneous products of nature, nor do offer themselves fit and prepared for our use. This part, therefore, draws on another care and necessarily gives another employment. But the pravity of mankind being such that they had rather injuriously prey upon the fruits of other men's labours than take pains to provide for themselves, the necessity of preserving men in the possession of what honest industry has already acquired and also of preserving their liberty and strength, whereby they may acquire what they farther want, obliges men to enter into society with one another, that by mutual assistance and joint force they may secure unto each other their properties, in the things that contribute to the comfort and happiness of this life, leaving in the meanwhile to every man the care of his own eternal happiness, the attainment whereof can neither be facilitated by another man's industry, nor can the loss of it turn to another man's prejudice, nor the hope of it be forced from him by any external violence. But, forasmuch as men thus entering into societies, grounded upon their mutual compacts of assistance for the defence of their temporal goods, may, nevertheless, be deprived of them, either by the rapine and fraud of their fellow citizens, or by the hostile violence of foreigners, the remedy of this evil consists in arms, riches, and multitude of citizens; the remedy of the other in laws; and the care of all things relating both to one and the other is committed by the society to the civil magistrate. This is the original, this is the use, and these are the bounds of the legislative (which is the supreme) power in every commonwealth. I mean that provision may be made for the security of each man's private possessions; for the peace, riches, and public commodities of the whole people; and, as much as possible, for the increase of their inward strength against foreign invasions.
These things being thus explained, it is easy to understand to what end the legislative power ought to be directed and by what measures regulated; and that is the temporal good and outward prosperity of the society; which is the sole reason of men's entering into society, and the only thing they seek and aim at in it. And it is also evident what liberty remains to men in reference to their eternal salvation, and that is that every one should do what he in his conscience is persuaded to be acceptable to the Almighty, on whose good pleasure and acceptance depends their eternal happiness. For obedience is due, in the first place, to God and, afterwards to the laws.
But some may ask: "What if the magistrate should enjoin anything by his authority that appears unlawful to the conscience of a private person?" I answer that, if government be faithfully administered and the counsels of the magistrates be indeed directed to the public good, this will seldom happen. But if, perhaps, it do so fall out, I say, that such a private person is to abstain from the action that he judges unlawful, and he is to undergo the punishment which it is not unlawful for him to bear. For the private judgement of any person concerning a law enacted in political matters, for the public good, does not take away the obligation of that law, nor deserve a dispensation. But if the law, indeed, be concerning things that lie not within the verge of the magistrate's authority (as, for example, that the people, or any party amongst them, should be compelled to embrace a strange religion, and join in the worship and ceremonies of another Church), men are not in these cases obliged by that law, against their consciences. For the political society is instituted for no other end, but only to secure every man's possession of the things of this life. The care of each man's soul and of the things of heaven, which neither does belong to the commonwealth nor can be subjected to it, is left entirely to every man's self. Thus the safeguard of men's lives and of the things that belong unto this life is the business of the commonwealth; and the preserving of those things unto their owners is the duty of the magistrate. And therefore the magistrate cannot take away these worldly things from this man or party and give them to that; nor change propriety amongst fellow subjects (no not even by a law), for a cause that has no relation to the end of civil government, I mean for their religion, which whether it be true or false does no prejudice to the worldly concerns of their fellow subjects, which are the things that only belong unto the care of the commonwealth.
But what if the magistrate believe such a law as this to be for the public good? I answer: As the private judgement of any particular person, if erroneous, does not exempt him from the obligation of law, so the private judgement (as I may call it) of the magistrate does not give him any new right of imposing laws upon his subjects, which neither was in the constitution of the government granted him, nor ever was in the power of the people to grant, much less if he make it his business to enrich and advance his followers and fellow-sectaries with the spoils of others. But what if the magistrate believe that he has a right to make such laws and that they are for the public good, and his subjects believe the contrary? Who shall be judge between them? I answer: God alone. For there is no judge upon earth between the supreme magistrate and the people. God, I say, is the only judge in this case, who will retribute unto every one at the last day according to his deserts; that is, according to his sincerity and uprightness in endeavouring to promote piety, and the public weal, and peace of mankind. But What shall be done in the meanwhile? I answer: The principal and chief care of every one ought to be of his own soul first, and, in the next place, of the public peace; though yet there are very few will think it is peace there, where they see all laid waste.
There are two sorts of contests amongst men, the one managed by law, the other by force; and these are of that nature that where the one ends, the other always begins. But it is not my business to inquire into the power of the magistrate in the different constitutions of nations. I only know what usually happens where controversies arise without a judge to determine them. You will say, then, the magistrate being the stronger will have his will and carry his point. Without doubt; but the question is not here concerning the doubtfulness of the event, but the rule of right.
But to come to particulars. I say, first, no opinions contrary to human society, or to those moral rules which are necessary to the preservation of civil society, are to be tolerated by the magistrate. But of these, indeed, examples in any Church are rare. For no sect can easily arrive to such a degree of madness as that it should think fit to teach, for doctrines of religion, such things as manifestly undermine the foundations of society and are, therefore, condemned by the judgement of all mankind; because their own interest, peace, reputation, everything would be thereby endangered.