THE APPENDIX,

Wherein the same Sentiments of Just Liberty are confirmed by a View of the Origin of a Christian Church.

1. THE foregoing discourse was begun by tracing out the origin of civil

government, and thence inferring the several rights and powers of it, and enquiring how far they would reach in any of the affairs of a religious society, and particularly of a christian church. Let us now take a short survey of the origin of christian churches and enquire whether the setting things in this view will afford any different lights or inferences concerning the power of civil magistrates in things sacred.

II. When the christian religion was first planted, almost all the states, kingdoms and governments of this world were heathens: Even Palestine itself had heathen governors. The blessed apostles travelling amongst the nations, and preaching the gospel wheresoever they could find opportunity, converted multitudes of single persons to the christian faith; these united themselves in little societies by agreement, to assemble together at certain seasons, and worship God by the apostles' directions through Jesus Christ.

III. In some of those same cities wherein christianity was preached, there were or might be also several other societies of men under the same civil government, united together by peculiar agreemen's among themselves for different purposes, but all subject to the rulers of the state in matters of civil government. Let us now suppose for instance, in the city of Corinth there might be a college of philosophers, a society of painters or antiquaries, a synagogue of Jews, an assembly of deists, and a church of Christians."

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IV. Each of these being voluntary societies, they have complete liberty and power to chuse their own presidents, teachers, and other officers out of their own body, as they stood in need of them, in order to regulate the affairs of their society: And they themselves contrive and agree upon rules and laws for the government of their own society, viz. upon what terms persons shall be admitted as members, for what reasons they shall be suspended for a season, or cast out utterly; what times, and places they shall meet in, what forms or ceremonies they shall use in any of their practices, what sum of money, or what utensils, or what goods, or support, or what proportion of these things each member shall furnish or supply toward the general design of the society, and what shall be the business of every member. These things, I say, must be agreed by the members of the society, but all in a constant consistence with the civil laws of the state, and the civil rights and liberties of every subject of it. Note, Wheresoever their original founder hath left them certain rules and directions, it is supposed they all consent to submit to them.

V. Now to apply all this to christianity. The chief and most important things in the christian society were appointed by Christ and his apostles, their first founders, as praying, preaching the gospel, singing, baptism, the Lord'ssupper, &c. Other circumstances which were not appointed by the apostles, and which yet were necessary to be determined come one way, these were probably and naturally left to be determined by the common consent and agreement of the church, for their mutual conveniency and general edification; such as the hour of their worship, the place of their meeting, &c. As for other circumstances which were not necessary to be determined one way,

such as their common habits, their gestures, &c. these were generally left indifferent to every worshipper; always provided they acted agreeably to the common light of nature and reason of things, becoming the sacred solemnity of worship, and in a consistence with the interest of the state. I say, it seems most probable that the determination of these things was left to the public agreement of the people, or to their private liberty: But if any persons shall suppose, they were left to be determined by the rulers or officers of the church, I will not by any means debate that matter here: it is enough for my purpose, if it be acknowledged, these things were left to be agreed upon or determined by the church itself either the people, or their officers in that society, and not by their civil governors*.

VI. Yet still let it be remembered that the power of the state or the civil government, is supreme over all these societies and their officers, in all things which relate to the peace and welfare of the nation or the city; and none of them have any right to make any laws, agree upon any rules, or do any thing contrary to the good of the city, or the civil government.

As for instance, if the college of philosophers profess and maintain the opinion of a public community of wives, or of exposing or murdering their children, if the synagogue of the Jews should refuse to give any pledges of their allegiance to heathen governors, if the christians should pretend that civil dominion is founded in divine grace, or that the saints, that is, the christians, should rise and take the city, or that no faith is to be kept with heretics: or if any of these societies should profess and maintain the right of persecuting or punishing any other society for their peculiar sentiments or practices, which affect not the state or the public good, they themselves may lawfully be sent out of the city, and be banished from the protection of the civil government, for these things are contrary to the public welfare. Or if any of the members of any of these societies, should be guilty of crimes that are inconsistent with the peace of mankind or welfare of the state, viz. murder, drunkenness, stealing, cheating, slander, sedition, treason, &c, they may be punished by the state according to the laws of the land, without any consideration what other society they may belong to, or any regard to it.

But I would proceed yet further here, and add, that if any of these societies should presume to punish any of their own members with the loss of life or limb, or seizing their property, or in any manner which is inconsistent with the peace or welfare of the state, these members so punished, or any others for them, may make complaint to the civil rulers, and these civil rulers have a right to restrain these particular societies from inflicting such punishments, and they have a right also to punish those that inflict them according to the laws of the land; for it is their proper business to see that no member of the state be injured in life, liberty or property. Hence it follows, that these particular societies have no right or power to punish those whom their own particular laws only may call criminal, except with such small fines, inconveniences, or dishonours as their offending members willingly submit to, or by sharp reproofs, or by suspending them for a season from their meetings, or casting them utterly out of their society: but they have no power nor right to call in the civil arin to punish them for such sort of faults. Indeed if their crime be such as affects the common welfare of the state, or peace of mankind, they may not only be expelled out of that soctety in particular, by the members of it, for all such societies should suffer nothing among them conrary to the peace or welfare of the state: But they should also be cited

* I have no conceru here in that famous question, whether a christian church must be governed by an episcopal person, or bishop in the way of monarchy, or by a synod of presbyters in a way of aristocracy, or by the vote of the people in a way of democracy; but it is evident, that the civil powers, of what form soever they be, have no just right or authority to govern the church in things sacred.

before the civil magistrate, in order to be punished as the laws of the land direct.

And if I were to speak here peculiarly of the christian church, I would say, that it has no power to punish its own officers or members according to scripture, for any crime whatsoever, but one of these three ways, viz. by an admonition or reproof given publicly in the church, by suspension or exclusion from the office they bore therein, or from the communion of the church for a season, or by utter exclusion of them from the church, which is called excommunication: And the civil magistrate may punish the same persons, if their crimes affect the public welfare, with death or imprisonment, or any other civil penalty which the law of the land appoints.

VII. If nothing be found in any of these societies or their members, contrary to the interests of the state or welfare of the people, then they may by their professed allegiance to the state, claim protection of the state; the rulers of the state have no proper power nor authority to hinder them from meeting in their several societies, which were instituted for different purposes, but they are bound to defend them as good subjects. Nor have magistrates any power to determine the greater or the lesser offices, rules, actions, circumstances, or any affairs relating purely to these distinct societies: They have no power to appoint the painters, who should be their president, or when they shall meet, or what sort of pencils, or what colours they shall use; nor have the rulers of the state any right to require the philosophers to change any of their opinions, or to read Plato, or Zeno, or Aristotle, or to alter the course of their lectures; nor can they impose rules on the assembly of deists, when to sit, or stand, or kneel; nor should they command the Jews when they shall wash themselves, or what flesh they shall eat; nor impose upon the christians, who shall be their teachers, or what habits or garments they shall wear, or what gestures they shall use in their preaching or singing, or any other parts of their worship. In these things the state has no power to interpose, where the public welfare of the city or nation receives no danger or damage.

VIII. It is granted indeed, that if the necessity or welfare of any such city or state require that foreign silk shall not be worn, nor any foreign paper be used, in order to encourage a national manufacture, or that no person shall appear without a woollen garment upon them, to promote the breeding of sheep, or that veal shall not be eaten, nor calves be slain for a twelvemonth, in order to maintain a breed of cattle after a great murrain, &c. All these societies ought to submit their particular rules and their personal liberty to these laws of the state, and to comply with them as the state enjoins. But where the affairs, exigencies or benefits of the state do not require such commands or prohibitions, there these private societies and their actions are not to be modelled and determined by the mere humour, or caprice, or arbitrary will of a magistrate.

IX. Perhaps you will say, are not civil magistrates to be obeyed "in omnibus licitis & honestis," that is, "in all things that are lawful and honest?" And if magistrates require several of these particular actions or circumstances of action to be performed according to their will in these several societies, ought not the societies to obey them, provided there is nothing commanded but what is honest and lawful? To this I answer,

X. That I have read of an oath of obedience" in omnibus licitis & honestis," "in all things lawful and honest," required and imposed by ecclesiastical superiors, whether justly or no, I say not: but I never knew that this was the just limitation of obedience due to civil powers: For since the authority of the civil power reaches only to the common welfare and safety of the state and people, the sworn obedience of subjects can be required only in things that relate to the welfare of the people and the state. I never heard that those famous words loyalty and allegiance which are so often used in our nation, signified any more than our obligation and our readiness to obey the

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supreme power in things of a civil nature, required by the laws of the land. Now the laws are all made, or are supposed to be made, for the good of the people and the safety of the state. Note, in this safety of the state is also included the honour due to the rulers, for if due honour be not paid to the ruling powers, it endangers the safety of the state.

XI. Let it be further considered also, that in the original compact between the government and the governed, the governed do not consent to part with any liberties of human nature, but only so far as is necessary for civil government and their common protection, security and peace. They are bound therefore to obey, not" in omnibus licitis & honestis, but "in omnibus quæ ad reipublicæ salutem." Can we suppose that when the people swear allegiance to governors, they mean to give them power over all their private and domestic affairs and actions, or the circumstances of them, over their conduct in labour or study, in trade or recreations, aud left themselves or their families no liberty of going out or in, when they pleased, or wearing short coats or long, red or blue, of eating bread or flesh or herbs as they thought proper, or dining or supping at a round table or a square one, upon a dish of And if the people never gave up their liberturnips or a haunch of venison? ties in these affairs to the rulers of the state, then the rulers never had a right to claim such obedience: And if they have no right to determine such sort of things, in natural and private life, in families, or in any voluntary societies, I know not what divine or human reason they can have to claim this right in religious societies or in churches: Surely they can have no such pretence, except where the people or the laws have given them such a claim; and after all, whether such laws are good and just may deserve a debate.

XII. Let the christian church in Corinth therefore be esteemed but as one of the rest of these human voluntary societies, and it may subsist well enough in a heathen state, if the governors do but merely protect their faithful subjects, and do not stretch their authority into the affairs or religion, which is beyond its proper extent. Gallio, the deputy of Achaia, had some good notion of this matter in St. Paul's time, when he would take no cognizance of words and names and questions about the Jewish religion, but only about matters of civil wrong or wicked lewdness: But he was much to blame, even according to his own principles, that he did not keep the public peace, and protect Sosthenes from the mob, "whether he were a Jew or a heathen, or a christian;" Acts xviii. 12-17. For this was the proper province of a magistrate to interpose in matters of civil wrong or injury.

All that the christian church or any other peaceable society can claim from the state, is protection; and this protection is sufficient to guard them from all disturbance of their peace by men of violence, or harlequins and scaramouches, or any other intruder into their assemblies, chairs or pulpits, besides those whom the society appoints: For if such complaints be made by the society to the magistrate, he has a right to restrain by prison or proper penalties, such invaders of the public peace, as trespass upon the innocent employment, the ground, possessions and properties of their neighbours; and he is bound to do it as a guardian of the public peace: Nor should any pretence of conscience screen the offender in such cases; nor can the magistrate fulfil his duty without securing an impartial liberty, safety and protection to every loyal assembly, whether it be appointed for music or painting, philosophy or worship.

It should also be added here, that if any persons who are secluded or cast out from these societies, by the rules and vote of the society, will yet obstinately enter in upon their ground, and mix with them in their common acts of instruction, practice, worship, &c. so as to give society any disturbance; it is the business and duty of the civil magistrate, upon proper application made, to guard every innocent society of loyal subjects from such inroads, injuries, and disturbances; and that even in their festivals and recreations, as well as

their solemnities or common employments. Thus far shall suffice to shew the right of a christian church, to be secured from injuries and impositions in common with any other innocent and voluntary societies.

XIII. Now let it be supposed, that some of the civil governors of Corinth, should join themselves to any of these societies, whether philosophers, antiquaries, painters, deists, or christians, would there be any sufficient reason why they should be turned out of their posts in the government, because they are become christians, or become antiquariés or philosophers, &c. supposing still that they fulfil the offices of their magistracy with honour? And much less reason is there, why there should be a law made to seclude them from their civil offices, and lay a public brand or infamy upon them, because they join themselves to particular societies which do not in the least interfere with Civil government: Supposing always that in these societies, there is nothing dishonourable or scandalous, which would vilify and debase the dignity of a ruler, and evidently endanger the welfare of the state.

XIV. Yet no ruler in the Corinthian state, who joins himself to any of these particular societies, has any authority or power to alter the special laws of that society, or to prescribe new rules or practices to it: For he is taken into the society but as a single member, and has but his single vote, and consequently has no further right nor authority to introduce any one rule or mode, form or ceremony into the college of philosophers, the society of painters, or the christian church. All the civil power which he carries with him, reaches no further than to see that nothing be done in any of these societies inconsistent with the good of the state.

XV. When a chief civil ruler becomes a member of any of these societies, he gains thereby an opportunity of knowing thoroughly all the affairs of the society, and of observing whether there can be any special benefit, damage or danger to the state, arising from all the opinions and practices thereof. So far it may be beneficial to the state. And it is certain, this civil ruler may be beneficial to the particular society of which he is a member, if he be rich or great, by procuring for them, or bestowing upon them halls for lectures, mansions for the professors, or chapels for their christian worship, schools for philosophical experiments or painting, exercises, &c. and perhaps he may procure civil immunities and advantages for them, that is, such as add no tax or burden, or inconvenience to the state: And he may favour the christian church or the Jewish synagogue if he pleases, so far as to appoint no civil or military duties at the same hours, which would interfere with christian or Jewish worship in the city of Corinth.

XVI. Thus there are some advantages which may accrue to the state, and some to the church, whereof the chief magistrates are members, and that without any such alliance between church and state, as some have supposed necessary for the security of both. But if the advances in temporal things, which the church receives from the state, be not well guarded and limited, the church will grow more earthly, but the state will not grow more holy or heavenly: The church will be in danger of losing its humility, piety, and purity, and the state will run a great hazard of being made mere servants or slaves to the church. Frequent and long experience has taught the world this sad truth. Again,

XVII. Let us make a further supposition that both the people and the rulers should be so much in love with the sentiments and practices of the philosophers, the antiquaries, the deists, or the christians, as that the bulk of them should become members of their colleges, societies, or churches: Still the civil power would reach no further than the welfare of the state of Corinth. The churches and other societies must still determine for themselves the rules and circumstances of actions that relate to the design of their assembly, whether the rulers of the state vote for it or no; and every society may make such laws for itself and its own mem