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election to prevail. Now, with what violence the conflict would upon every vacancy be renewed; what bitter animosities would be revived, or rather be constantly fed and kept alive, in the neighbourhood; with what unconquerable aversion the teacher and his religion would be received by the defeated party: may be foreseen by those who reflect with how much passion every dispute is carried on, in which the name of religion can be made to mix itself; much more where the cause itself is concerned so immediately as it would be in this.Or, thirdly, if the state appoint the ministers of religion, this constitution will differ little from the establishment of a national religion; for the state will, undoubtedly, appoint those, and those alone, whose religious opinions, or rather whose religious denominations, agree with its own; unless it be thought that any thing would be gained to religious liberty by transferring the choice of the national religion from the legislature of the country to the magistrate who administers the executive government. The only plan which seems to render the legal maintenance of a clergy practicable, without the legal preference of one sect of Christians to another, is that of an experiment which is said to be attempted or designed in some of the new states of North America. The nature of the plan is thus described A tax is levied upon the inhabitants for the general support of religion; the collector of the tax goes round with a register in his hand, in which are inserted, at the head of so many distinct columns, the names of the several religious sects that are professed in the country. The person who is called upon for the assessment, as soon as he has paid his quota, subscribes his name and the sum in which of the columns he pleases; and the amount of what is collected in each column is paid over to the minister of that denomination. In this scheme it is not left to the option of the subject, whether he will contribute, or how much he shall contribute, to the maintenance of a Christian ministry; it is only referred to his choice to determine by what sect his contribution shall be received. The above arrangement is undoubtedly the best that has been proposed upon this principle; it bears the appearance

of liberality and justice; it may contain some solid advantages; nevertheless, it labours under inconveniences which will be found, I think, upon trial, to overbalance all its recommendations. It is scarcely compatible with that which is the first requisite in an ecclesiastical establishment-the division of the country into parishes of a commodious extent. If the parishes be small, and ministers of every denomination be stationed in each, (which the plan seems to suppose,) the expense of their maintenance will become too burdensome a charge for the country to pport. If, to reduce the expense, the districts be enlarged, the place of assembling will oftentimes be too far removed from the residence of the persons who ought to resort to it.Again: the making the pecuniary success of the different teachers of religion to depend on the number and wealth of their respective followers, would naturally generate strifes and indecent jealousies amongst them; as well as produce a polemical and proselyting spirit, founded in or mixed with views of private gain, which would both deprave the principles of the clergy, and distract the country with endless contentions.

The argument, then, by which ecclesiastical establishments are defended, proceeds by these steps:-The knowledge and profession of Christianity cannot be upholden without a clergy; a clergy cannot be supported without a legal provision; a legal provision for the clergy cannot be constituted without the preference of one sect of Christians to the rest; and the conclusion will be conveniently satisfactory in the degree in which the truth of these several propositions can be made

out.

If it be deemed expedient to establish a national religion, that is to say, one sect in preference to all others; some test, by which the teachers of that sect may be distinguished from the teachers of different sects, appears to be an indispensable consequence. The existence of such an establishment supposes it: the very notion of a national religion includes that of a test.

But this necessity, which is real, hath, according to the fashion of human affairs, furnished to almost

every church a pretence for extending, multiplying, and continuing, such tests beyond what the occa sion justified. For though some purposes of order and tranquillity may be answered by the establishment of creeds and confessions, yet they are all at times attended with serious inconveniences: they check inquiry; they violate liberty; they insnare the consciences of the clergy, by holding out temptations to prevarication; however they may express the persuasion, or be accommodated to the controversies, or to the fears of the age in which they are composed, in process of time, and by reason of the changes which are wont to take place in the judgment of mankind upon religious subjects, they come at length to contradict the actual opinions of the church, whose doctrines they profess to contain; and they often perpetuate the proscription of sects, and tenets, from which any danger has long ceased to be apprehended.

It may not follow from these objections, that tests and subscriptions ought to be abolished; but it follows, that they ought to be made as simple and easy as possible; that they should be adapted, from time to time, to the varying sentiments and circumstances of the church in which they are received; and that they should at no time advance one step farther than some subsisting necessity requires. If, for instance, promises of conformity to the rites, liturgy, and offices, of the church, be sufficient to prevent confusion and disorder in the celebration of divine worship, then such promises ought to be accepted in the place of stricter subscriptions.

If articles of peace, as they are called, that is, engagements not to preach certain doctrines, nor to revive certain controversies, would exclude indecent altercations amongst the national clergy, as well as secure to the public teaching of religion as much of uniformity and quiet as is necessary to edification; then confessions of faith ought to be converted into articles of peace. In a word, it ought to be holden a sufficient reason for relaxing the terms of subscription, or for dropping any or all of the articles to be subscribed, that no present necessity requires the strictness which is complained of, er

that it should be extended to so many points of doctrine.

The division of the country into districts, and the stationing in each district a teacher of religion, forms the substantial part of every church esta blishment. The varieties that have been introduced into the government and discipline of different churches, are of inferior importance, when compared with this, in which they all agree. Of these economical questions, none seems more material than that which has long been agitated in the reformed churches of Christendom, whether a parity amongst the clergy, or a distinction of orders in the ministry, be more conducive to the general ends of the institution. In favour of that system which the laws of this country have preferred, we may allege the following reasons: that it secures tranquillity and subordination amongst the clergy themselves; that it corresponds with the gradations of rank in civil life, and provides for the edification of each rank, by stationing in each an order of clergy of their own class and quality; and, lastly, that the same fund produces more effect, both as an allurement to men of talents to enter into the church, and as a stimulus to the industry of those who are already in it, when distributed into prizes of ifferent value, than when divided into equal shares.

After the state has once established a particular system of faith as a national religion, a question will soon occur, concerning the treatment and toleration of those who dissent from it. This question is properly preceded by another, concerning the right which the civil magistrate possesses to interfere in matters of religion at all: for although this right be acknowledged whilst he is employed solely in providing means of public instruction, it will probably be disputed (indeed it ever has been,) when he proceeds to inflict penalties, to impose restraints or incapacities, on the account of religious distinctions. They who admit no other just ori ginal of civil government, than what is founded in some stipulation with its subjects, are at liberty to contend that the concerns of religion were excepted out of the social compact; that, in an affair

which can only be transacted between God and a nan's own conscience, no commission or authority was ever delegated to the civil magistrate, or could indeed be transferred from the person himself to any other. We, however, who have rejected this theory, because we cannot discover any actual contract between the state and the people, and because we cannot allow any arbitrary fiction to be made the foundation of real rights and of real obligations, find ourselves precluded from this distinction. The reasoning which deduces the authority of civil government from the will of God, and which collects that will from public expediency alone, binds us to the unreserved conclusion, that the jurisdiction of the magistrate is limited by no consideration but that of general utility in plainer terms, that whatever be the subject to be regulated, it is lawful for him to interfere whenever his interference, in its general tendency, appears to be conducive to the common interest. There is nothing in the nature of religion, as such, which exempts it from the authority of the legislator, when the safety or welfare of the community requires his interposition. It has been said, indeed, that religion, pertaining to the interests of a life to come, lies beyond the province of civil government, the office of which is confined to the affairs of this life. But in reply to this objection it may be observed, that when the laws interfere even in religion, they interfere only with temporals; their effects terminate, their power operates only upon those rights and interests, which confessedly belong to their disposal. The acts of the legislature, the edicts of the prince, the sentence of the judge, cannot affect my salvation; nor do they, without the most absurd arrogance, pretend to any such power: but they may deprive me of liberty, of property, and even of life itself, on account of my religion; and however I may complain of the injustice of the sentence by which I am condemned, I cannot allege, that the magistrate has transgressed the boundaries of his jurisdiction; because the property, the liberty, and the life, of the subject, may be taken away by the authority of the laws, for any reason which, in the judgment of the legislature, renders such a measure necessary to

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