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jury of a single witness.-Such mistakes, and presbyters amongst their first converts, it must be such perjuries, are not without many examples. remembered that deacons also and deaconesses Whereas, to impose upon a court of justice a were appointed by them, with functions very chain of circumstantial evidence in support of a dissimilar to any which obtain in the church at fabricated accusation, requires such a number of present. The truth seems to have been, that false witnesses as seldom meet together; an union such offices were at first erected in the Chris also of skill and wickedness which is still more tian church, as the good order, the instruction, rare; and, after all, this species of proof lies much and the exigencies of the society at that time remore open to discussion, and is more likely, if quired, without any intention, at least without false, to be contradicted, or to betray itself by some any declared design, of regulating the appointunforeseen inconsistency, than that direct proof, ment, authority, or the distinction, of Christian which, being confined within the knowledge of a ministers under future circumstances. This resingle person, which, appealing to, or standing serve, if we may so call it, in the Christian Legisconnected with, no external or collateral circum- lator, is sufficiently accounted for by two considerstances, is incapable, by its very simplicity, of ations :- First, that no precise constitution could being confronted with opposite probabilities. be framed, which would suit with the condition of
The other maxim, which deserves a similar Christianity in its primitive state, and with that examination, is this:-—"That it is better that ten which it was to assume when it should be advanced guilty persons escape, than that one innocent into a national religion: Secondly, that a parman should suffer." if by saying it is better, be ticular designation of office or authority amongst meant that it is more for the public advantage, the the ministers of the new religion, might have so proposition, I think, cannot be maintained. The interfered with the arrangements of civil policy, as security of civil life, which is essential to the value to have formed, in some countries, a considerable and the enjoyment of every blessing it contains, obstacle to the progress and reception of the reliand the interruption of which is followed by uni- gion itself. versal misery and confusion, is protected chiefly The authority therefore of a church-establishby the dread of punishment. The misfortune of ment is founded in its utility : and whenever, an individual (for such may the sufferings, or even upon this principle, we deliberate concerning the the death, of an innocent person be called when form, propriety, or comparative excellency of difthey are occasioned by no evil intention,) cannot erent establishments, the single view under which be placed in competition with this object. I do not we ought to consider any of them is, that of"& contend that the life or safety of the meanest sub- scheme of instruction; the single end we ought ject ought in any case, to be knowingly sacrificed: to propose by them is,“ the preservation and no principle of judicature, no end of punishment, communication of religious knowledge.” Every can ever require that.
other idea, and every other end, that have been But when certain rules of adjudication must mixed with this, as the making of the church an be pursued, when certain degrees of credibility engine, or even an ally, of the state ; converting must be accepted, in order to reach the crimes it into the means of strengthening or diffusing inwith which the public are infested; courts of jus. fluence; or regarding it as a support of regal, in tice should not be deterred from the application opposition to popular forms of government; have of these rules by every suspicion of danger, or by served only to debase the institution, and to intro the mere possibility of confounding the innocent duce into it numerous corruptions and abuses. with the guilty. - They ought rather to reflect, The notion of a religious establishment comthat he who falls by a mistaken sentence, may be prehends three things :-a clergy, or an order of considered as falling for his country; whilst he men secluded from other professions to attend buffers under the operation of those rules, by the upon the offices of religion ; a legal provision for general effect and tendency of which the welfare the maintenance of the clergy; and the confining of the community is maintained and upholden. of that provision to the teachers of a particular
sect of Christianity. If any one of these three things be wanting, if there be no clergy as amongst
the Quakers; or if the clergy have no other proCHAPTER X.
vision than what they derive from the voluntary Of Religious Establishments and of Toleration. which the laws assign to the support of religion
contribution of their hearers; or if the provision "A RELIGIOUS establishment is no part of be extended to various sects and denominations of Christianity: it is only the means of inculcating Christians; there exists no national religion or it.” Amongst the Jews, the rights and offices, the established church, according to the sense which order, family, and succession of the priesthood, these terms are usually made to convey. He, therewere marked out by the authority which declared fore, who would defend ecclesiastical establishthe law itself. These, therefore, were parts of ments, must show the separate utility of these the Jewish religion, as well as the means of trans- three essential parts of their constitution :mitting it. Not so with the new institution. It 1. The question first in order upon the subject, cannot be proved that any form of church-govern- as well as the most fundamental in its importance, ment was laid down in the Christian, as it had is, whether the knowledge and profession of Chris been in the Jewish Scriptures, with a view of tianity can be maintained in a country without a fixing a constitution for succeeding ages; and class of men set apart by public authority to the which constitution, consequently, the disciples of study and teaching of religion, and to the conductChristianity would every where, and at all times, ing of public worship, and for these purposes se by the very law of their religion, be obliged to cluded from other employments. I add this last adopt. Certainly, no command for this purpose circumstance, because in it consists, as I take it was delivered by Christ himself; and if it be the substance of the controversy. Now it must shown that the apostles ordained bishops and I be remembered, that Christianity is an historical
religion, founded in facts which are related to have their institution, the more ordinary offices of pubpassed, upon discourses which were holden, and lic teaching, and of conducting public worship, letters which were written, in a remote age, and call for qualifications not usually to be met with distant country of the world, as well as under a amidst the employments of civil life. It has been state of life and manners, and during the preva- acknowledged by some, who cannot be suspected lency of opinions, customs, and institutions, very of making unnecessary concessions in favour of unlike any which are found amongst mankind at establishments, “ to be barely possible, that a present. Moreover, this religion, having been person who was never educated for the office tirst published in the country of Judea, and being should acquit himself with decency as a public built upon the more ancient religion of the Jews, teacher of religion.” And that surely must be is necessarily and intimately connected with the a very defective policy which trusts to possibilities sacred writings, with the history and polity of for success, when provision is to be made for reguthat singular people : to which must be added, lar and general instruction. Little objection to that the records of both revelations are preserved this argument can be drawn from the example of in languages which have long ceased to be spo the Quakers, who, it may be said, furnish an exken in any part of the world. Books which come perimental proof that the worship and profession down to us from times so remote, and under so of Christianity may be upholden without a sepamany causes of unavoidable obscurity, cannot, it is rate clergy. These sectaries every where subsist evident, be understood without study and prepa in conjunction with a regular establishment. They ration. The languages must be learned." The have access to the writings, they profit by the various writings which these volumes contain, labours, of the clergy, in common with other Chrismust be carefully compared with one another, and tians. They participate in that general diffusion with themselves. What remains of contemporary of religious knowledge, which the constant teachauthors, or of authors connected with the age, the ing of a more regular ministry keeps up in the country, or the subject of our scriptures, must be country : with such aids, and under such circumperused and consulted, in order to interpret doubt- stances, the defects of a plan may not be much ful forms of speech, and to explain allusions which felt, although the plan itself be altogether unfit for refer to objects or usages that no longer exist. general imitation. Above all, the modes of expression, the habits of 2. If then an order of clergy be necessary, if it reasoning and argumentation, which were then be necessary also to seclude them from the emin use, and to which the discourses even of in-ployments and profits of other professions, it is spired teachers were necessarily adapted, must be evident they ought to be enabled to derive a main. sufficiently known, and can only be known at tenance from their own. Now this maintenance all by a due acquaintance with ancient litera- must either depend upon the voluntary contributure. And lastly, to establish the genuineness and tions of their hearers, or arise from revenues as, integrity of the canonical scriptures themselves, a signed by authority of law. To the scheme of series of testimony, recognising the notoriety and voluntary contribution there exists this insurreception of these books, must be deduced from mountable objection, that few would ultimately times near to those of their first publication, down contribute any thing at all. However the zeal of the succession of ages through which they have a sect, or the novelty of a change, might support been transmitted to us. The qualifications ne such an experiment for a while, no reliance could cessary for such researches demand, it is confessed, be placed upon it as a general and permanent proa degree of leisure, and a kind of education, in- vision. It is at all times a bad constitution, which consistent with the exercise of any other profes- presents temptations of interest in opposition to sion.-But how few are there amongst the clergy, the duties of religion; or which makes the offices from whom any thing of this sort can be expected of religion expensive to those who attend upon how small a proportion of their number, who them; or which allows pretences of conscience to seem likely either to augment the fund of sacred be an excuse for not sharing in a public burthen. literature, or even to collect what is already known! If, by declining to frequent religious assemblies, -To this objection it may be replied, that we men could save their money, at the same time that sow many seeds to raise one flower. In order to they indulged their indolence, and their disinclinaproduce a few capable of improving and continu. tion to exercises of seriousness and reflection; or, ing the stock of Christian erudition, leisure and if by dissenting from the national religion, they opportunity must be afforded to great numbers, could be excused from contributing to the support Original knowledge of this kind can never be of the ministers of religion; it is to be feared that universal; but it is of the utmost importance, and many would take advantage of the option which it is enough that there be, at all times, found was thus imprudently left open to them, and that some qualified for such inquiries, and in whose this liberty might finally operate to the decay of concurring and independent conclusions upon virtue, and an irrecoverable forgetfulness of all reeach subject, the rest of the Christian community ligion in the country. Is there not too much may safely confide: whereas, without an order of reason to fear, that, if it were referred to the disclergy educated for the purpose, and led to the cretion of each neighbourhood, whether they would prosecution of these studies by the habits, the maintain amongst them a teacher of religion or leisure, and the object, of their vocation, it may not, many districts would remain unprovided with well be questioned whether the learning itself any; that, with the difficulties which cncumber would not have been lost, by which the records every measure requiring the co-operation of numof our faith are interpreted and defended. We bers, and where each individual of the number has contend, therefore, that an order of clergy is ne an interest secretly pleading against the success of cessary to perpetuate the evidences of Revelation, the measure itself, associations for the support of and to interpret the obscurity of those ancient Christian worship and instruction would neither writings, in which the religion is contained. But be numerous nor long continued? The devout besides this, which forms, no doubt, one design of and pious might lament in vain the want or the
distance of a religious assembly; they could not sary discussion and of great importance. And form or maintain one, without the concurrence whatever we may determine concerning speculaof neighbours who felt neither their zeal nor their tive rights and abstract proprieties, when we set liberality.
about the framing of an ecclesiastical constitution Froin the difficulty with which congregations adapted to real life, and to the actual state of reliwould be established and upheld upon the volun- gion in the country, we shall find this question tary plan, let us carry our thoughts to the condi- very nearly related to and principally indeed detion of those who are to officiate in them. Preach- pendent upon another; namely, “In what way, or ing, in time, would become a mode of begging. by whom, ought the ministers of religion to be With what sincerity, or with what dignity, can a appointed?” If the species of patronage be retainpreacher dispense the truths of Christianity, whose ed to which we are accustomed in this country, thoughts are perpetually solicited to the reflection and which allows private individuals to nominate how he may increase his subscription? His elo- teachers of religion for districts and congregations quence, if he possesses any, resembles rather the to which they are absolute strangers; without exhibition of a player who is computing the profits some test proposed to the persons nominated, the of his theatre, than the simplicity of a man who, utmost discordancy of religious opinions might feeling himself the awful expectations of religion, arise between the several teachers and their reis seeking to bring others to such a sense and un- spective congregations. A popish patron might derstanding of their duty as may save their souls. appoint a priest to say mass to a congregation of Moreover, a little experience of the disposition protestants; an episcopal clergyman be sent to ofof the common people will in every country inform ficiate in a parish of presbyterians; or a presbyteus, that it is one thing to edify them in Christian rian divine to inveigh against the errors of popery knowledge, and another to gratify their taste for before an audience of papists. The requisition vehement, impassioned oratory; that he, not only then of subscription, or any other test by which whose success, but whose subsistence, depends the national religion is guarded, may be considerupon collecting and pleasing a crowd, must resorted merely as a restriction upon the exercise of to other arts than the acquirement and communi- private patronage. The laws speak to the private cation of sober and profitable instruction. For a patron thus :-"Of those whom we have previously preacher to be thus at the mercy of his audience ; | pronounced to be fitly qualified to teach religion, to be obliged to adapt his doctrines to the pleasure we allow you to select one; but we do not allow of a capricious multitude ; to be continually affect you to decide what religion shall be established ing a style and manner neither natural to him, in a particular district of the country; for which nor agreeable to his judgment; to live in constant decision you are no wise fitted by any qualibondage to tyrannical and insolent directors; are fications which, as a private patron, you may circumstances so mortifying, not only to the pride happen to possess. If it be necessary that the of the human heart, but to the virtuous love of in- point be determined for the inhabitants by any dependency, that they are rarely submitted to other will than their own, it is surely better that without a sacrifice of principle, and a deprivation it should be determined by a deliberate resoluof character ;—at least it may be pronounced, that tion of the legislature, than by the casual inclinaa ministry só degraded would fall into the lowest tion of an individual, by whom the right is purhands: for it would be found impossible to engage chased, or to whom it devolves as a mere secular men of worth and ability in so precarious and inheritance.” Wheresoever, therefore, this constihumiliating a profession.
tution of patronage is adopted, a national religion, If, in deference then to these reasons, it be or the legal preference of one particular religion admitted that a legal provision for the clergy, com- to all others, must almost necessarily accompany it. pulsory upon those who contribute to it, is expe- But, secondly, let it be supposed that the appointdient; the next question will be, whether this pro- ment of the minister of religion was in every parish vision should be confined to one sect of Christianity, left to the choice of the parishioners; might not or extended indifferently to all? Now it should be this choice, we ask, be safely exercised without observed, that this question never can offer itself its being limited to the teachers of any particular where the people are agreed in their religious sect? The effect of such a liberty must be, that a opinions ; and that it never ought to arise, where papist, or a presbyterian, a methodist, a Moravian, a system may be framed of doctrines and worship or an anabaptist, would successively gain posseswide enough to comprehend their disagreement; sion of the pulpit, according as a majority of the and which might satisfy all, by uniting all in the party happened at each election to prevail.–Now, articles of their common faith, and in a mode of with what violence the conflict would upon every divine worship that omits every subject of contro- vacancy be renewed; what bitter animosities would versy or offence. Where such a comprehension be revived, or rather be constantly fed and kept is practicable, the comprehending religion ought alive, in the neighbourhood; with what unconto be made that of the state. But if this be de- querable aversion the teacher and his religion spaired of; if religious opinions exist, not only so would be received by the defeated party, may be various, but so contradictory, as to render it im- foreseen by those who reflect with how much paspossible to reconcile them to each other, or to any sion every dispute is carried on, in which the one confession of faith, rule of discipline, or form name of religion can be made to mix itself; much of worship; if, consequently, separate congrega- more where the cause itself is concerned so immetions and different sects must unavoidably con- diately as it would be in this. Or, thirdly, if the tinue in the country : under such circumstances, state appoint the ministers of religion, this constiwhether the laws ought to establish one sect in tution will differ little from the establishment of a preference to the rest, that is, whether they ought national religion; for the state will, undoubtedly, to confer the provision assigned to the mainte-appoint those, and those alone, whose religious nance of religion upon the teachers of one system opinions, or rather whose religious denominations, of doctrines alone, becomes a question of neces- I agree with its own; unless it be thought that any
thing would be gained to religious liberty by trans- | to the fashion of human affairs, furnished to almost ferring the choice of the national religion from the every church a pretence for extending, multiplying, legislature of the country, to the magistrate who and continuing, such tests beyond what the occaadministers the executive government:- The only sion justified. For though some purposes of order plan which seems to render the legal maintenance and tranquillity may be answered by the establishof a clergy practicable, without the legal prefer-ment of creeds and confessions, yet they are at all ence of one sect of Christians to others, is that of times attended with serious inconveniencies: they an experiment which is said to be attempted or check inquiry; they violate liberty; they ensnare designed in some of the new states of North the consciences of the clergy, by holding out tempAmerica. The nature of the plan is thus describ- tations to prevarication; however they may express ed:-A tax is levied upon the inhabitants for the persuasion, or be accommodated to the controthe general support of religion; the collector of versies or to the fears of the age in which they are the taxes goes round with a register in his hand, composed, in process of time, and by reason of the in which are inserted, at the head of so many dis- changes which are wont to take place in the judgtinct columns, the names of the several religious ment of mankind upon religious subjects, they sects that are professed in the country. The per- come at length to contradict the actual opinions of son who is called upon for the assessinent, as soon the church, whose doctrines they profess to conas he has paid his quota, subscribes his name and tain; and they often perpetuate the proscription of the sum in which of the columns he pleases; and sects, and tenets, from which any danger has long the amount of what is collected in each column is ceased to be apprehended, paid over to the minister of that denomination. It may not follow from these objections, that tests In this scheme it is not left to the option of the and subscriptions ought to be abolished: but it folsubject, whether he will contribute, or how much lows, that they ought to be made as simple and he shall contribute to the maintenance of a chris- easy as possible ; that they should be adapted, from tian ministry; it is only referred to his choice to time to time, to the varying sentiments and cirdetermine by what sect his contribution shall cumstances of the church in which they are rebe received. The above arrangement is undoubt-ceived; and that they should at no time advance edly the best that has been proposed upon this one step farther than some subsisting necessity reprinciple; it bears the appearance of liberality quires. If, for instance, promises of conformity to and justice; it may contain some solid advan- the rites, liturgy, and offices of the church, be suftages; nevertheless, it labours under inconveni- ficient to prevent confusion and disorder in the enees which will be found, I think, upon trial, to celebration of divine worship, then such promises overbalance all its recommendations. It is scarcely ought to be accepted in the place of stricter sub compatible with that which is the first requisite in scriptions. If articles of peace, as they are called, an ecclesiastical establishment,—the division of that is, engagements not to preach certain doctrines, the country into parishes of a commodious extent. nor to revive certain controversies, would exclude If the parishes be small, and ministers of every de- indecent altercations amongst the national clergy, nomination be stationed in each, (which the plan as well as secure to the public teaching of religion, seems to suppose,) the expense of their mainte as much of uniformity and quiet as is necessary nance will become too burthensome a charge for to edification; then confessions of faith ought to the country to support. If, to reduce the expense, be converted into articles of peace. In a word, it the districts be enlarged, the place of assembling ought to be holden a sufficient reason for relaxing will oftentimes be too far reinoved from the resi- the terms of subscription, or for dropping any or dence of the persons who onght to resort to it. all of the articles to be subscribed, that no present Again: the making the pecuniary success of the necessity requires the strictness which is comdifferent teachers of religion to depend on the plained of, or that it should be extended to so many number and wealth of their respective followers, points of doctrine. would naturally generate strifes and indecent The division of the country into districts, and jealousies amongst them; as well as produce a the stationing in each district a teacher of religion, polemical and proselyting spirit, founded in or forms the substantial part of every church estabmixed with views of private gain, which would lishment. The varieties that have been introduced both deprave the principles of the clergy, and into the government and discipline of different distract the country with endless contentions. churches, are of inferior importance when com
The argument, then, by which ecclesiastical pared with this, in which they all agree. Of these establishments are defended, proceeds by these economical questions, none seems more material steps :— The knowledge and profession of Chris- than that which has been long agitated in the retianity, cannot be upholden without a clergy: a formed churches of Christendom, whether a parity clergy cannot he supported without a legal provi- amongst the clergy, or a distinction of orders in sion; a legal provision for the clergy, cannot be the ministry, be more conducive to the general constituted without the preference of one sect of ends of the institution. In favour of that system Christians to the rest: and the conclusion will be which the laws of this country have preferred, we conveniently satisfactory in the degree in which the may allege the following reasons :—that it secures truth of these several propositions can be made out. tranquillity and subordination amongst the clergy
If it be deemed expedient to establish a national themselves; that it corresponds with the gradations religion, that is to say, one sect in preference to all of rank in civil life, and provides for the edificaothers; some test, by which the teachers of that tion of each rank, by stationing in each an order sect may be distinguished from the teachers of dif- of clergy of their own class and quality; and, lastly, ferent sects, appears to be an indispensable conse- that the same fund produces more effect, both as quence. The existence of such an establishment an allurement to men of talents to enter into the supposes it: the very notion of a national religion church, and as a stimulus to the industry of those includes that of a test.
who are alreadly in it, when distributed into prizes of But this necessity, which is real, hath, according different value than when divided into equal shares.
After the state has once established a particular | what in a greater degree conduces to the publi system of faith as a national religion, a question welfare. will soon occur, concerning the treatment and Still it is right " to obey God rather than man.' toleration of those who dissent from it. This Nothing that we have said encroaches upon the question is properly preceded by another, concern- truth of this sacred and undisputed maxim: the ing the right which the civil magistrate possesses right of the magistrate to ordain, and the obligato interfere in matters of religion at all: for, al- tion of the subject to obey, in matters of religion, though this right be acknowledged whilst he is may be very different; and will be so, as often as employed solely in providing means of public in- they flow from opposite apprehensions of the Distruction, it will probably be disputed, (indeed it vine will. In atfairs that are properly of a civil naever has been,)
when he proceeds to inflict penal- ture, in the things that are Cæsar's," this differtics, to impose restraints or incapacities, on the ac- ence seldom happens. The law authorises the count of religious distinctions. They who admit act which it enjoins; Revelation being either silent no other just original of civil government, than upon the subject, or referring to the laws of the what is founded in some stipulation with its sub-country, or requiring only that men act by some jects, are at liberty to contend that the concerns fixed rule, and that this rule be established by of religion were excepted out of the social com- competent authority. But when human laws inpact; that, in an affair which can only be trans- terpose their direction in matters of religion, by acted between God and a man's own conscience, dictating, for example, the object or the mode of no commission or authority was ever delegated to divine worship; by prohibiting the profession of the civil magistrate, or could indeed be transferred some articles of faith, and by exacting that of others, from the person himself to any other. We, how they are liable to clash with what private persons ever, who have rejected this theory, because we believe to be already settled by precepts of Revecannot discover any actual contract between the lation; or to contradict what God himself
, they state and the people, and because we cannot allow think, hath declared to be true. In this case, on any arbitrary fiction to be made the foundation of whichever side the mistake lies, or whatever plea real rights and of real obligations, find ourselves the state may allege to justify its edict, the subprecluded from this distinction. The reasoning ject can have none to cxcuse his compliance. The which deduces the authority of civil government same consideration also points out the distinction, from the will of God, and which collects that will as to the authority of the state, between temporals from public expediency alone, binds us to the un- and spirituals. The magistrate is not to be obeyed reserved conclusion, that the jurisdiction of the in temporals more than spirituals, where a repug. magistrate is limited by no consideration but that nancy is perceived between his commands and of general utility: in plainer terms, that whatever any credited manifestations of the Divine will; be the subject to be regulated, it is lawful for him but such repugnancies are much less likely to arise to interfere whenever his inteference, in its gene- in one case than the other. ral tendency, appears to be conducive to the com When we grart that it is lawful for the mamon interest. There is nothing in the nature of gistrate to interfere in religion as often as his in. religion, as such, which exempts it from the au- terference appears to him to conduce, in its general thority of the legislator, when the safety or welfare tendency, to the public happiness; it may be argued, of the community requires his interposition. It from this concession, that since salvation is the has been said, indeed, that religion, pertaining to highest interest of mankind, and since, consequentthe interests of a life to come, lies beyond the pro- ly, to advance that, is to promote the public hapvince of civil government, the office of which is piness in the best way, and in the greatest degree, confined to the affairs of this life. But in reply in which it can be promoted, it follows, that it is to this objection, it may be observed, that when not only the right, but the duty, of every magis. the laws interfere even in religion, they interfere trate invested with supreme power, to enforce upon only with temporals; their effects terminate, their his subjects the reception of that religion which he power operates only upon those rights and in- deems most acceptable to God; and to enforce it terests, which confessedly belong to their disposal. by such methods as may appear most effectual for The acts of the legislature, the edicts of the prince, the end proposed. A popish king, for example, the sentence of the judge, cannot affect my sal who should believe that salvation is not attainable vation: nor do they, without the most absurd out of the precincts of the Romish church, would arrogance, pretend to any such power : but they derive a right from our principles (not to say that may deprive me of liberty, of property, and even he would be bound by them) to employ the power of life itself, on account of my religion; and how- with which the constitution intrusted him, and ever I may complain of the injustice of the sen- which power, in absolute monarchies, commands tence by which I am condemned, I cannot allege, the lives and fortunes of every subject of the empire, that the magistrate has transgressed the boundaries in reducing his people within that communion. We of his jurisdiction; because the property, the lib- confess that this consequence is inferred from the erty, and the life of the subject, may be taken principles we have laid down concerning the founaway, by the authority of the laws, for any reason dation of civil authority, not without the resemwhich, in the judgment of the legislature, renders blance of a regular deduction: we confess also that such a measure necessary to the common welfare. it is a conclusion which it behoves us to dispose of; Moreover, as the precepts of religion may regulate because, if it really follow from our theory of goall the offices of life, or may be so construed as to vernment, the theory itself ought to be given up. extend to all, the exemption of religion from the Now it will be remembered, that the ternis of our control of human laws might afford a plea, which proposition are these :-" That it is lawful for the would exclude civil government from every autho- magistrate to interfere in the affairs of religion, rity over the conduct of its subjects. Religious whenever his interference appears to him to con: liberty is, like civil liberty, not an immunity from duce, by its general tendency, to the public haprestraint, but the being restrained by no law, but piness." The clause of“ general tendency," when