Friday, September 23, 2016

"The Rights of Conscience Inalienable" by John Leland - Part 4

It is clear that religious liberty is being lost in America. As such, I want to pass along a number of helpful resources of previous generations defending and promoting religious liberty from noted Christians. To begin, let us look at Isaac Backus essay The Rights of Conscience Inalienable preached in 1771.


"The Rights of Conscience Inalienable" by John Leland - Part1
"The Rights of Conscience Inalienable" by John Leland - Part 2
"The Rights of Conscience Inalienable" by John Leland - Part 3
"The Rights of Conscience Inalienable" by John Leland - Part 4


What stimulates the clergy to recommend this mode of reasoning is,

1. Ignorance—not being able to confute error by fair argument.

2. Indolence—not being willing to spend any time to confute the heretical.

3. But chiefly covetousness, to get money—for it may be observed that in all these establishments settled salaries for the clergy recoverable by law are sure to be interwoven; and was not this the case, I am well convinced that there would not be many if any religious establishments in the christian world.
Having made the foregoing remarks, I shall next make some observations on the religion of Connecticut.
If the citizens of this state have any thing in existence that looks like a religious establishment, they ought to be very cautious; for being but a small part of the world they can never expect to extend their religion over the whole of it, without it is so well founded that it cannot be confuted.

If one third part of the face of the globe is allowed to be seas, the earthy parts would compose 4550 such states as Connecticut. The American empire would afford above 200 of them. And as there is no religion in this empire of the same stamp of the Connecticut standing order, upon the Saybrook platform, they may expect 199 against 1 at home, and 4549 against 1 abroad.

Connecticut and New-Haven were separate governments till the reign of Charles II when they were incorporated together by a charter, which charter is still considered by some as the basis of government.
At present (1791) there are in the state about 168 presbyterial, congregational and consociated preachers, 35 baptists, 20 episcopalians, 10 separate congregationals, and a few of other denominations. The first are the standing order of Connecticut, to whom all others have to pay obeisance. Societies of the standing order are established by law; none have right to vote therein but men of age who possess property to the amount of 40l, or are in full communion in the church. Their choice of ministers is by major vote; and what the society agree to give him annually is levied upon all within the limits of the society-bounds, except they bring a certificate to the clerk of the society that they attend worship elsewhere and contribute to the satisfaction of the society where they attend. The money being levied on the people is distrainable by law, and perpetually binding on the society till the minister is dismissed by a council or by death from his charge.

It is not my intention to give a detail of all the tumults, oppression, fines and imprisonments, that have heretofore been occasioned by this law-religion. These things are partly dead and buried, and if they do not rise of themselves let them sleep peaceably in the dust forever. Let it suffice on this head to say, that it is not possible in the nature of things to establish religion by human laws without perverting the design of civil law and oppressing the people.

The certificate that a dissenter produces to the society clerk (1784) must be signed by some officer of the dissenting church, and such church must be protestant-christian, for heathens, deists, Jews and papists, are not indulged in the certificate law; all of them, as well as Turks, must therefore be taxed to the standing order, although they never go among them or know where the meeting-house is.
This certificate law is founded on this principle, “that it is the duty of all persons to support the gospel and the worship of God.” Is this principle founded in justice? Is it the duty of a deist to support that which he believes to be a threat and imposition? Is it the duty of a Jew to support the religion of Jesus Christ, when he really believes that he was an impostor? Must the papists be forced to pay men for preaching down the supremacy of the pope, whom they are sure is the head of the church? Must a Turk maintain a religion opposed to the alcoran, which he holds as the sacred oracles of heaven? These things want better confirmation. If we suppose that it is the duty of all these to support the protestant christian religion, as being the best religion in the world—yet how comes it to pass that human legislatures have right to force them so to do? I now call for an instance where Jesus Christ, the author of his religion, or the apostles, who were divinely inspired, ever gave orders to or intimated that the civil powers on earth ought to force people to observe the rules and doctrine of the gospel.

Mahomet called in the use of law and sword to convert people to his religion; but Jesus did not, does not.
It is the duty of men to love God with all their hearts, and their neighbors as themselves; but have legislatures authority to punish men if they do not? So there are many things that Jesus and the apostles taught that men ought to obey which yet the civil law has no concerns in.

That it is the duty of men who are taught in the word to communicate to the teacher is beyond controversy, but that it is the province of the civil law to force men to do so is denied.

The charter of Charles II is supposed to be the basis of government in Connecticut; and I request any gentleman to point out a single clause in that charter which authorises the legislature to make any religious laws, establish any religion, or force people to build meeting-houses or pay preachers. If there is no constitutional clause, it follows that the laws are usurpasive in the legislators and not binding on the people. I shall here add, that if the legislature of Connecticut have authority to establish the religion which they prefer to all religions, and force men to support it, then every legislature or legislator has the same authority; and if this be true, the separation of the christians from the pagans, the departure of the protestants from the papists, and the dissention of the presbyterians from the church of England, were all schisms of a criminal nature; and all the persecution that they have met with is the just effect of their stubbornness.

The certificate law supposes,

1. That the legislature have power to establish a religion: this is false.

2. That they have authority to grant indulgence to non-conformists: this is also false, for religious liberty is a right and not a favor.

3. That the legitimate power of government extends to force people to part with their money for religious purposes. This cannot be proved from the new testament.

The certificate law has lately passed a new modification. Justices of the peace must now examine them; this gives ministers of state a power over religious concerns that the new testament does not. To examine the law part by part would be needless, for the whole of it is wrong.

From what is said this question arises, “Are not contracts with ministers, i.e. between ministers and people, as obligatory as any contracts whatever?” The simple answer is, Yes. Ministers should share the same protection of the law that other men do, and no more. To proscribe them from seats of legislation, &c. is cruel. To indulge them with an exemption from taxes and bearing arms is a tempting emolument. The law should be silent about them; protect them as citizens (not as sacred officers) for the civil law knows no sacred religious officers.

In Rhode-Island, if a congregation of people agree to give a preacher a certain sum of money for preaching the bond is not recoverable by law.[1]

This law was formed upon a good principle, but, unhappy for the makers of that law, they were incoherent in the superstructure.

The principle of the law is, that the gospel is not to be supported by law; that civil rulers have nothing to do with religion in their civil capacities. What business had they then to make that law? The evil seemed to arise from a blending religious right and religious opinions together. Religious right should be protected to all men, religious opinion to none; i.e. government should confirm the first unto all—the last unto none; each individual having a right to differ from all others in opinion if he is so persuaded. If a number of people in Rhode Island or elsewhere are of opinion that ministers of the gospel ought to be supported by law, and chuse to be bound by a bond to pay him, government has no just authority to declare that bond illegal; for in so doing they interfere with private contracts, and deny the people the liberty of conscience. If these people bind nobody but themselves, who is injured by their religious opinions? But if they bind an individual besides themselves, the bond is fraudulent, and ought to be declared illegal. And here lies the mischief of Connecticut religion. My lord, major vote, binds all the minor part, unless they submit to idolatry, i.e. pay an acknowledgment to a power that Jesus Christ never ordained in his church; I mean produce a certificate. Yea, further, Jews, Turks, heathens, papists and deists, if such there are in Connecticut, are bound, and have no redress: and further, this bond is not annually given, but for life, except the minister is dismissed by a number of others, who are in the same predicament with himself.

Although it is no abridgment of religious liberty for congregations to pay their preachers by legal force, in the manner prescribed above, yet it is antichristian; such a church cannot be a church of Christ, because they are not governed by Christ’s laws, but by the laws of state; and such ministers do not appear like ambassadors of Christ, but like ministers of state.

The next question is this: “Suppose a congregation of people have agreed to give a minister a certain sum of money annually for life, or during good behaviour, and in a course of time some or all of them change their opinions and verily believe that the preacher is in a capital error, and really from conscience dissent from him—are they still bound to comply with their engagements to the preacher?” This question is supposable, and I believe there have been a few instances of the kind.

If men have bound themselves, honor and honesty call upon them to comply, but God and conscience call upon them to come out from among them and let such blind guides[2] alone. Honor and honesty are amiable virtues; but God and conscience call to perfidiousness. This shows the impropriety of such contracts, which always may, and sometimes do lead into such labyrinths. It is time enough to pay a man after his labour is over. People are not required to communicate to the teacher before they are taught. A man called of God to preach, feels a necessity to preach, and a woe if he does not. And if he is sent by Christ, he looks to him and his laws for support; and if men comply with their duty, he finds relief; if not, he must go to his field, as the priests of old did. A man cannot give a more glaring proof of his covetousness and irreligion, than to say, “If you will give me so much, then I will preach, but if not be assured I will not preach to you.”

So that in answering the question, instead of determining which of the evils to chuse, either to disobey God and conscience, or break honor and honesty, I would recommend an escape of both evils, by entering into no such contracts: for the natural evils of imprudence, that men are fallen into, neither God nor man can prevent.

A minister must have a hard heart to wish men to be forced to pay him when (through conscience, enthusiasm, or a private pique) they dissent from his ministry. The spirit of the gospel disdains such measures.

The question before us is not applicable to many cases in Connecticut: the dissenting churches make no contracts for a longer term than a year, and most of them make none at all. Societies of the standing order rarely bind themselves in contract with preachers, without binding others beside themselves; and when that is the case the bond is fraudulent: and if those who are bound involuntarily can get clear, it is no breach of honor or honesty.

A few additional remarks shall close my piece.

I. The church of Rome was at first constituted according to the gospel, and at that time her faith was spoken of through the whole world. Being espoused to Christ, as a chaste virgin, she kept her bed pure for her husband, almost three hundred years; but afterwards she played the whore with the kings and princes of this world, who with their gold and wealth came in unto her, and she became a strumpet: and as she was the first christian church that ever forsook the laws of Christ for her conduct and received the laws of his rivals, i.e. was established by human law, and governed by the legalised edicts of councils, and received large sums of money to support her preachers and her worship by the force of civil power—she is called the mother of harlots: and all protestant churches, who are regulated by law, and force people to support their preachers, build meeting-houses and otherwise maintain their worship, are daughters of this holy mother.

II. I am not a citizen of Connecticut—the religious laws of the state do not oppress me, and I expect never will personally; but a love to religious liberty in general induces me thus to speak. Was I a resident in the state, I could not give or receive a certificate to be exempted from ministerial taxes; for in so doing I should confess that the legislature had authority to pamper one religious order in the state, and make all others pay obeisance to that sheef. It is high time to know whether all are to be free alike, and whether ministers of state are to be lords over God’s heritage.

And here I shall ask the citizens of Connecticut, whether, in the months of April and September, when they chuse their deputies for the assembly, they mean to surrender to them the rights of conscience, and authorise them to make laws binding on their consciences. If not, then all such acts are contrary to the intention of constituent power, as well as unconstitutional and antichristian.

III. It is likely that one part of the people in Connecticut believe in conscience that gospel preachers should be supported by the force of law; and the other part believe that it is not in the province of civil law to interfere or any ways meddle with religious matters. How are both parties to be protected by law in their conscientious belief?

Very easily. Let all those whose consciences dictate that they ought to be taxed by law to maintain their preachers bring in their names to the society-clerk by a certain day, and then assess them all, according to their estates, to raise the sum stipulated in the contract; and all others go free. Both parties by this method would enjoy the full liberty of conscience without oppressing one another, the law use no force in matters of conscience, the evil of Rhode-Island law be escaped, and no persons could find fault with it (in a political point of view) but those who fear the consciences of too many would lie dormant, and therefore wish to force them to pay. Here let it be noted, that there are many in the world who believe in conscience that a minister is not entitled to any acknowledgment for his services without he is so poor that he cannot live without it (and thereby convert a gospel debt to alms). Though this opinion is not founded either on reason or scripture, yet it is a better opinion than that which would force them to pay a preacher by human law.

IV. How mortifying must it be to foreigners, and how far from conciliatory is it to citizens of the American states, who, when they come into Connecticut to reside must either conform to the religion of Connecticut or produce a certificate? Does this look like religious liberty or human friendship? Suppose that man (whose name need not be mentioned) that fills every American heart with pleasure and awe, should remove to Connecticut for his health, or any other cause—what a scandal would it be to the state to tax him to a presbyterian minister unless he produced a certificate informing them that he was an episcopalian?

V. The federal constitution certainly had the advantage, of any of the state constitutions, in being made by the wisest men in the whole nation, and after an experiment of a number of years trial, upon republican principles; and that constitution forbids Congress ever to establish any kind of religion, or require any religious test to qualify any officer in any department of the federal government. Let a man be pagan, Turk, Jew or Christian, he is eligible to any post in that government. So that if the principles of religious liberty, contended for in the foregoing pages, are supposed to be fraught with deism, fourteen states in the Union are now fraught with the same. But the separate states have not surrendered that (supposed) right of establishing religion to Congress. Each state retains all its power, saving what is given to the general government by the federal constitution. The assembly of Connecticut, therefore, still undertake to guide the helm of religion: and if Congress were disposed yet they could not prevent it by any power vested in them by the states. Therefore, if any of the people of Connecticut feel oppressed by the certificate law, or any other of the like nature, their proper mode of procedure will be to remonstrate against the oppression and petition the assembly for a redress of grievance.

VI. Divines generally inform us that there is such a time to come (called the Latter-Day Glory) when the knowledge of the Lord shall cover the earth as the waters do the sea, and that this day will appear upon the destruction of antichrist. If so, I am well convinced that Jesus will first remove all the hindrances or religious establishments, and cause all men to be free in matters of religion. When this is effected, he will say to the kings and great men of the earth, “Now see what I can do; ye have been afraid to leave the church and gospel in my hands alone, without steadying the ark by human law; but now I have taken the power and kingdom to myself, and will work for my own glory.” Here let me add, that in the southern states, where there has been the greatest freedom from religious oppression, where liberty of conscience is entirely enjoyed, there has been the greatest revival of religion; which is another proof that true religion can and will prevail best where it is left entirely to Christ.
 
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For more:
"An Appeal to the Public for Religious Liberty Against the Oppressions of the Present Day" by Isaac Backus - Part1
"An Appeal to the Public for Religious Liberty Against the Oppressions of the Present Day" by Isaac Backus - Part 2
"An Appeal to the Public for Religious Liberty Against the Oppressions of the Present Day" by Isaac Backus - Part 3
"An Appeal to the Public for Religious Liberty Against the Oppressions of the Present Day" by Isaac Backus - Part 4
"An Appeal to the Public for Religious Liberty Against the Oppressions of the Present Day" by Isaac Backus - Part 5
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