Book 3, section 33
Translated by Thomas L. Pangle
Laelius the Stoic speaking:
True law is right reason congruent with nature, diffused in all, constant, sempiternal, which calls with commandments to duty and deters with prohibitions from wrongdoing; it is not ineffective in its commands and prohibitions to men of probity, but it does not move men without probity by its commands and prohibitions. It is not permitted either to try to alter this law or to derogate from it, and it is not possible to abrogate it. We cannot be freed from this law by senate or populace, and we need not seek anyone else to explain or interpret it; and there will not be a different law of Rome, a different law of Athens, or different laws now and different laws in time to come, but for all nations and all times one sempiternal and immutable law, and one god who is like a teacher and emperor for all in common, who is of this law the maker, promulgator and judge. He who disobeys flees himself, and, denying human nature, suffers thereby the worst punishments, even if he escapes what are supposed to be the other penalties . . .
Translated by Thomas L. Pangle
Book 1, section 18-19
Cicero himself speaking:
Now let us see the principles of justice. The most learned men have been pleased to begin with law, which is correct if it is defined in the way they do: law is the supreme reason inherent in nature, which commands those things which ought to be done and prohibits the contrary. This same reason, when it is confirmed and completed in the human mind, is law. And so they judge that law is prudence, whose strength is to command what it is right to do and forbid wrongdoing. . . . So if this is correctly said, as it usually seems to me for the most part, then the beginning of justice is from law, which is a force of nature, the mind and reasoning of the prudent, the standard of justice and injustice. But since this whole speech of ours now is directed to the reasoning of the populace, it will be necessary to speak popularly, and to name “law” as the vulgar do: that which is written and which decrees what it wishes, either commanding or prohibiting. But in constituting justice in truth let us take the beginning from that supreme law which was born before all the centuries and before any written law or any city was constituted.
Excerpts from the Dryden translation (In the Public Domain).
To the end, therefore, that he might expel from the state arrogance and envy, luxury and crime, and those yet more inveterate diseases of want and superfluity, Lycurgus obtained of them to renounce their properties, and to consent to a new division of the land, and that they should live all together on an equal footing; merit to be their only road to eminence, and the disgrace of evil, and credit of worthy acts, their one measure of difference between man and man.
Upon their consent to these proposals, proceeding at once to put them into execution, he divided the country of Laconia in general into thirty thousand equal shares, and the part attached to the city of Sparta into nine thousand; these he distributed among the Spartans, as he did the others to the country citizens. . . . A lot was so much as to yield, one year with another, about seventy bushels of grain for the master of the family, and twelve for his wife, with a suitable proportion of oil and wine. And this he thought sufficient to keep their bodies in good health and strength; superfluities they were better without. . . . Not contented with this, he resolved to make a division of their movables too, that there might be no odious distinction or inequality left amongst them; but finding that it would be very dangerous to go about it openly, he took another course, and defeated their avarice by the following stratagem: he commanded that all gold and silver coin should be called in, and that only a sort of money made of iron should be current, a great weight and quantity of which was but very little worth; so that to lay up twenty or thirty pounds there was required a pretty large closet, and, to remove it, nothing less than a yoke of oxen. With the diffusion of this money, at once a number of vices were banished from Lacedaemon; for who would rob another of such a coin? Who would unjustly detain or take by force, or accept as a bribe, a thing which it was not easy to hide, nor a credit to have, nor indeed of any use to cut in pieces? . . .
In the next place, he declared an outlawry of all needless and superfluous arts; but here he might almost have spared his proclamation; for . . . there was now no more means of purchasing foreign goods and small wares; merchants sent no shiploads into Laconian ports; no rhetoric-master, no itinerant fortune-teller, no harlot-monger or gold or silversmith, engraver, or jeweler, set foot in a country which had no money; so that luxury, deprived little by little of that which fed and fomented it, wasted to nothing, and died away of itself. . . .
The third and most masterly stroke of this great lawgiver, by which he struck a yet more effectual blow against luxury and the desire of riches, was the ordinance he made, that they should all eat in common, of the same bread and same meat, and of kinds that were specified, and should not spend their lives at home, laid on costly couches at splendid tables, delivering themselves up into the hands of their tradesmen and cooks, to fatten them in corners, like greedy brutes, and to ruin not their minds only but their very bodies, which, enfeebled by indulgence and excess, would stand in need of long sleep, warm bathing, freedom from work, and, in a word, of as much care and attendance as if they were continually sick. . . .
They used to send their children to these tables as to schools of temperance; here they were instructed in state affairs by listening to experienced statesmen; here they learnt to converse with pleasantry, to make jests without scurrility, and take them without ill humor. . . .
In order to the good education of their youth (which, as I said before, he thought the most important and noblest work of a lawgiver), he went so far back as to take into consideration their very conception and birth, by regulating their marriages. . . . he ordered the maidens to exercise themselves with wrestling, running, throwing the quoit, and casting the dart, to the end that the fruit they conceived might, in strong and healthy bodies, take firmer root and find better growth, and withal that they, with this greater vigor, might be the more able to undergo the pains of child- bearing. And to the end he might take away their over-great tenderness and fear of exposure to the air, and all acquired womanishness, he ordered that the young women should go naked in the processions, as well as the young men, and dance, too, in that condition, at certain solemn feasts, singing certain songs, whilst the young men stood around, seeing and hearing them. . . .
These public processions of the maidens, and their appearing naked in their exercises and dancings, were incitements to marriage, operating upon the young with the rigor and certainty, as Plato says, of love, if not of mathematics. But besides all this, to promote it yet more effectually, those who continued bachelors were in a degree disfranchised by law; for they were excluded from the sight of those public processions in which the young men and maidens danced naked, and, in wintertime, the officers compelled them to march naked themselves round the market-place, singing as they went a certain song to their own disgrace, that they justly suffered this punishment for disobeying the laws. Moreover, they were denied that respect and observance which the younger men paid their elders; . . .
The master used to stay a little with the youths after supper, and one of them he bade to sing a song, to another he put a question which required an advised and deliberate answer; for example, Who was the best man in the city? What he thought of such an action of such a man? They used them thus early to pass a right judgment upon persons and things, and to inform themselves of the abilities or defects of their countrymen. If they had not an answer ready to the question Who was a good or who an ill-reputed citizen, they were looked upon as of a dull and careless disposition, and to have little or no sense of virtue and honor; besides this, they were to give a good reason for what they said, and in as few words and as comprehensive as might be; he that failed of this, or answered not to the purpose, had his thumb bit by his master. Sometimes the Iren did this in the presence of the old men and magistrates, that they might see whether he punished them justly and in due measure or not; and when he did amiss, they would not reprove him before the boys, but, when they were gone, he was called to an account and underwent correction, if he had run far into either of the extremes of indulgence or severity. . . .
Nor was their instruction in music and verse less carefully attended to than their habits of grace and good breeding in conversation. And their very songs had a life and spirit in them that inflamed and possessed men's minds with an enthusiasm and ardor for action; the style of them was plain and without affectation; the subject always serious and moral; most usually, it was in praise of such men as had died in defense of their country, or in derision of those that had been cowards; the former they declared happy and glorified; the life of the latter they described as most miserable and abject. . . .
Their education continued still after they were full-grown men. No one was allowed to live after his own fancy; but the city was a sort of camp, in which every man had his share of provisions and business set out, and looked upon himself not so much born to serve his own ends as the interest of his country. Therefore, if they were commanded nothing else, they went to see the boys perform their exercises, to teach them something useful, or to learn it themselves of those who knew better. And, indeed, one of the greatest and highest blessings Lycurgus procured his people was the abundance of leisure, which proceeded from his forbidding to them the exercise of any mean and mechanical trade. Of the money-making that depends on troublesome going about and seeing people and doing business, they had no need at all in a state where wealth obtained no honor or respect. The Helots tilled their ground for them, and paid them yearly in kind the appointed quantity, without any trouble of theirs. . . .
All their time, except when they were in the field, was taken up by the choral dances and the festivals, in hunting, and in attendance on the exercise-grounds and the places of public conversation. Those who were under thirty years of age were not allowed to go into the marketplace, but had the necessaries of their family supplied by the care of their relations and lovers; nor was it for the credit of elderly men to be seen too often in the marketplace; it was esteemed more suitable for them to frequent the exercise-grounds and places of conversation, where they spent their leisure rationally in conversation, not on money-making and market-prices, but for the most part in passing judgment on some action worth considering; extolling the good, and censuring those who were otherwise, and that in a light and sportive manner, conveying, without too much gravity, lessons of advice and improvement. Nor was Lycurgus himself unduly austere; it was he who dedicated, says Sosibius, the little statue of Laughter. Mirth, introduced seasonably at their suppers and places of common entertainment, was to serve as a sort of sweetmeat to accompany their strict and hard life. To conclude, he bred up his citizens in such a way that they neither would nor could live by themselves; they were to make themselves one with the public good, and, clustering like bees around their commander, be by their zeal and public spirit carried all but out of themselves, and devoted wholly to their country. . . .
However, it was not the design of Lycurgus that his city should govern a great many others; he thought rather that the happiness of a state, as of a private man, consisted chiefly in the exercise of virtue, and in the concord of the inhabitants; his aim, therefore, in all his arrangements, was to make and keep them free-minded, self-dependent, and temperate. And therefore all those who have written well on politics, as Plato, Diogenes, and Zeno, have taken Lycurgus for their model, leaving behind them, however, mere projects and words; whereas Lycurgus was the author, not in writing but in reality, of a government which none else could so much as copy; and while men in general have treated the individual philosophic character as unattainable, he, by the example of a complete philosophic state, raised himself high above all other lawgivers of Greece. And so Aristotle says they did him less honor at Lacedaemon after his death than he deserved, although he has a temple there, and they offer sacrifices yearly to him as to a god.
St. Thomas Aquinas, Summa Theologiae
First Part of the Second Part
[Aquinas, Thomas. The Summa Theologica. Translated by the Fathers of the English Dominican Province. Second and Revised Edition. 1920. Revised slightly by Thomas Pangle.]
Ques. 90, art. 3
Reply OBJ 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Q92, A2, ad 3; SS, Q64, A3).
Ques. 92, art. 1
Virtue is twofold, as explained above (Q63, A2), viz. acquired and infused. Now the fact of being accustomed to an action contributes to both, but in different ways; for it causes the acquired virtue; while it disposes to infused virtue, and preserves and fosters it when it already exists. And since law is given for the purpose of directing human acts; as far as human acts conduce to virtue, so far does law make men good. Wherefore the Philosopher says in the second book of the Politics (Ethics ii) that "lawgivers make men good by habituating them to good works." . . . Since then every man is a part of the state, it is impossible that a man be good, unless he be well proportionate to the common good: nor can the whole be well consistent unless its parts be proportionate to it. Consequently the common good of the state cannot flourish, unless the citizens be virtuous, at least those whose business it is to govern. But it is enough for the good of the community, that the other citizens be so far virtuous that they obey the commands of their rulers. Hence the Philosopher says (Politics ii, 2) that "the virtue of a sovereign is the same as that of a good man, but the virtue of any common citizen is not the same as that of a good man."
Ques. 92, art. 2
Reply OBJ 4: From becoming accustomed to avoid evil and fulfill what is good, through fear of punishment, one is sometimes led on to do so likewise, with delight and of one's own accord. Accordingly, law, even by punishing, leads men on to being good.
Ques. 95, art. 1
. . . the perfection of virtue consists chiefly in withdrawing man from undue pleasures, to which above all man is inclined, and especially the young, who are more capable of being trained. Consequently a man needs to receive this training from another, whereby to arrive at the perfection of virtue. . . . Now this kind of training, which compels through fear of punishment, is the discipline of laws. Therefore in order that man might have peace and virtue, it was necessary for laws to be framed.
Ques 100, art. 8
Precepts admit of dispensation, when there occurs a particular case in which, if the letter of the law be observed, the intention of the lawgiver is frustrated. Now the intention of every lawgiver is directed first and chiefly to the common good; secondly, to the order of justice and virtue, whereby the common good is preserved and attained. If therefore there be any precepts which contain the very preservation of the common good, or the very order of justice and virtue, such precepts contain the intention of the lawgiver, and therefore are indispensable. . . . But if other precepts were enacted, subordinate to the above, and determining certain special modes of procedure, these latter precepts would admit of dispensation, in so far as the omission of these precepts in certain cases would not be prejudicial to the former precepts which contain the intention of the lawgiver. . . .
Now the precepts of the decalogue contain the very intention of the lawgiver, who is God. For the precepts of the first table, which direct us to God, contain the very order to the common and final good, which is God; while the precepts of the second table contain the order of justice to be observed among men, that nothing undue be done to anyone, and that each one be given his due; for it is in this sense that we are to take the precepts of the decalogue. Consequently the precepts of the decalogue admit of no dispensation whatever.
Second Part of the Second Part, Ques. 78, arts. 1 and 2
To take interest for money lent is unjust in itself, because this is to sell what does not exist, and this evidently leads to inequality which is contrary to justice. . . . money, according to the Philosopher (Ethic. v, 5; Polit. i, 3) was invented chiefly for the purpose of exchange: and consequently the proper and principal use of money is its consumption or alienation whereby it is sunk in exchange. Hence it is by its very nature unlawful to take payment for the use of money lent . . .. The Jews were forbidden to take interest from their brethren, i.e. from other Jews. By this we are given to understand that to take interest from any man is evil simply, because we ought to treat every man as our neighbor and brother, especially in the state of the Gospel, whereto all are called. Hence it is said without any distinction in Ps. 14:5: "He that hath not put out his money to interest," and (Ezech. 18:8): "Who hath not taken interest.” . . . Moreover the Philosopher, led by natural reason, says (Polit. i, 3) that "to make money by interest is exceedingly unnatural." . . . it is a sin against justice, to take money, by tacit or express agreement, in return for lending money or anything else that is consumed by being used . . .
A Letter Concerning Toleration
Used with the permission of the Online Library of Liberty
Since you are pleased to inquire what are my thoughts about the mutual toleration of Christians in their different professions of religion, I must needs answer you freely that I esteem that toleration to be the chief characteristic mark of the true Church. For whatsoever some people boast of the antiquity of places and names, or of the pomp of their outward worship; others, of the reformation of their discipline; all, of the orthodoxy of their faith — for everyone is orthodox to himself — these things, and all others of this nature, are much rather marks of men striving for power and empire over one another than of the Church of Christ. Let anyone have never so true a claim to all these things, yet if he be destitute of charity, meekness, and good-will in general towards all mankind, even to those that are not Christians, he is certainly yet short of being a true Christian himself. "The kings of the Gentiles exercise leadership over them," said our Saviour to his disciples, "but ye shall not be so." The business of true religion is quite another thing. It is not instituted in order to the erecting of an external pomp, nor to the obtaining of ecclesiastical dominion, nor to the exercising of compulsive force, but to the regulating of men's lives, according to the rules of virtue and piety. Whosoever will list himself under the banner of Christ, must, in the first place and above all things, make war upon his own lusts and vices. It is in vain for any man to unsurp the name of Christian, without holiness of life, purity of manners, benignity and meekness of spirit. "Let everyone that nameth the name of Christ, depart from iniquity." "Thou, when thou art converted, strengthen thy brethren," said our Lord to Peter. It would, indeed, be very hard for one that appears careless about his own salvation to persuade me that he were extremely concerned for mine. For it is impossible that those should sincerely and heartily apply themselves to make other people Christians, who have not really embraced the Christian religion in their own hearts. If the Gospel and the apostles may be credited, no man can be a Christian without charity and without that faith which works, not by force, but by love. Now, I appeal to the consciences of those that persecute, torment, destroy, and kill other men upon pretence of religion, whether they do it out of friendship and kindness towards them or no? And I shall then indeed, and not until then, believe they do so, when I shall see those fiery zealots correcting, in the same manner, their friends and familiar acquaintance for the manifest sins they commit against the precepts of the Gospel; when I shall see them persecute with fire and sword the members of their own communion that are tainted with enormous vices and without amendment are in danger of eternal perdition; and when I shall see them thus express their love and desire of the salvation of their souls by the infliction of torments and exercise of all manner of cruelties. For if it be out of a principle of charity, as they pretend, and love to men's souls that they deprive them of their estates, maim them with corporal punishments, starve and torment them in noisome prisons, and in the end even take away their lives — I say, if all this be done merely to make men Christians and procure their salvation, why then do they suffer whoredom, fraud, malice, and such-like enormities, which (according to the apostle) manifestly relish of heathenish corruption, to predominate so much and abound amongst their flocks and people? These, and such-like things, are certainly more contrary to the glory of God, to the purity of the Church, and to the salvation of souls, than any conscientious dissent from ecclesiastical decisions, or separation from public worship, whilst accompanied with innocence of life. Why, then, does this burning zeal for God, for the Church, and for the salvation of souls — burning I say, literally, with fire and faggot — pass by those moral vices and wickednesses, without any chastisement, which are acknowledged by all men to be diametrically opposite to the profession of Christianity, and bend all its nerves either to the introducing of ceremonies, or to the establishment of opinions, which for the most part are about nice and intricate matters, that exceed the capacity of ordinary understandings? Which of the parties contending about these things is in the right, which of them is guilty of schism or heresy, whether those that domineer or those that suffer, will then at last be manifest when the causes of their separation comes to be judged of He, certainly, that follows Christ, embraces His doctrine, and bears His yoke, though he forsake both father and mother, separate from the public assemblies and ceremonies of his country, or whomsoever or whatsoever else he relinquishes, will not then be judged a heretic.
Now, though the divisions that are amongst sects should be allowed to be never so obstructive of the salvation of souls; yet, nevertheless, adultery, fornication, uncleanliness, lasciviousness, idolatry, and such-like things, cannot be denied to be works of the flesh, concerning which the apostle has expressly declared that "they who do them shall not inherit the kingdom of God." Whosoever, therefore, is sincerely solicitous about the kingdom of God and thinks it his duty to endeavour the enlargement of it amongst men, ought to apply himself with no less care and industry to the rooting out of these immoralities than to the extirpation of sects. But if anyone do otherwise, and whilst he is cruel and implacable towards those that differ from him in opinion, he be indulgent to such iniquities and immoralities as are unbecoming the name of a Christian, let such a one talk never so much of the Church, he plainly demonstrates by his actions that it is another kingdom he aims at and not the advancement of the kingdom of God.
That any man should think fit to cause another man — whose salvation he heartily desires — to expire in torments, and that even in an unconverted state, would, I confess, seem very strange to me, and I think, to any other also. But nobody, surely, will ever believe that such a carriage can proceed from charity, love, or goodwill. If anyone maintain that men ought to be compelled by fire and sword to profess certain doctrines, and conform to this or that exterior worship, without any regard had unto their morals; if anyone endeavour to convert those that are erroneous unto the faith, by forcing them to profess things that they do not believe and allowing them to practise things that the Gospel does not permit, it cannot be doubted indeed but such a one is desirous to have a numerous assembly joined in the same profession with himself; but that he principally intends by those means to compose a truly Christian Church is altogether incredible. It is not, therefore, to be wondered at if those who do not really contend for the advancement of the true religion, and of the Church of Christ, make use of arms that do not belong to the Christian warfare. If, like the Captain of our salvation, they sincerely desired the good of souls, they would tread in the steps and follow the perfect example of that Prince of Peace, who sent out His soldiers to the subduing of nations, and gathering them into His Church, not armed with the sword, or other instruments of force, but prepared with the Gospel of peace and with the exemplary holiness of their conversation. This was His method. Though if infidels were to be converted by force, if those that are either blind or obstinate were to be drawn off from their errors by armed soldiers, we know very well that it was much more easy for Him to do it with armies of heavenly legions than for any son of the Church, how potent soever, with all his dragoons.
The toleration of those that differ from others in matters of religion is so agreeable to the Gospel of Jesus Christ, and to the genuine reason of mankind, that it seems monstrous for men to be so blind as not to perceive the necessity and advantage of it in so clear a light. I will not here tax the pride and ambition of some, the passion and uncharitable zeal of others. These are faults from which human affairs can perhaps scarce ever be perfectly freed; but yet such as nobody will bear the plain imputation of, without covering them with some specious colour; and so pretend to commendation, whilst they are carried away by their own irregular passions. But, however, that some may not colour their spirit of persecution and unchristian cruelty with a pretence of care of the public weal and observation of the laws; and that others, under pretence of religion, may not seek impunity for their libertinism and licentiousness; in a word, that none may impose either upon himself or others, by the pretences of loyalty and obedience to the prince, or of tenderness and sincerity in the worship of God; I esteem it above all things necessary to distinguish exactly the business of civil government from that of religion and to settle the just bounds that lie between the one and the other. If this be not done, there can be no end put to the controversies that will be always arising between those that have, or at least pretend to have, on the one side, a concernment for the interest of men's souls, and, on the other side, a care of the commonwealth.
The commonwealth seems to me to be a society of men constituted only for the procuring, preserving, and advancing their own civil interests.
Civil interests I call life, liberty, health, and indolency of body; and the possession of outward things, such as money, lands, houses, furniture, and the like.
It is the duty of the civil magistrate, by the impartial execution of equal laws, to secure unto all the people in general and to every one of his subjects in particular the just possession of these things belonging to this life. If anyone presume to violate the laws of public justice and equity, established for the preservation of those things, his presumption is to be checked by the fear of punishment, consisting of the deprivation or diminution of those civil interests, or goods, which otherwise he might and ought to enjoy. But seeing no man does willingly suffer himself to be punished by the deprivation of any part of his goods, and much less of his liberty or life, therefore, is the magistrate armed with the force and strength of all his subjects, in order to the punishment of those that violate any other man's rights.
Now that the whole jurisdiction of the magistrate reaches only to these civil concernments, and that all civil power, right and dominion, is bounded and confined to the only care of promoting these things; and that it neither can nor ought in any manner to be extended to the salvation of souls, these following considerations seem unto me abundantly to demonstrate.
First, because the care of souls is not committed to the civil magistrate, any more than to other men. It is not committed unto him, I say, by God; because it appears not that God has ever given any such authority to one man over another as to compel anyone to his religion. Nor can any such power be vested in the magistrate by the consent of the people, because no man can so far abandon the care of his own salvation as blindly to leave to the choice of any other, whether prince or subject, to prescribe to him what faith or worship he shall embrace. For no man can, if he would, conform his faith to the dictates of another. All the life and power of true religion consist in the inward and full persuasion of the mind; and faith is not faith without believing. Whatever profession we make, to whatever outward worship we conform, if we are not fully satisfied in our own mind that the one is true and the other well pleasing unto God, such profession and such practice, far from being any furtherance, are indeed great obstacles to our salvation. For in this manner, instead of expiating other sins by the exercise of religion, I say, in offering thus unto God Almighty such a worship as we esteem to be displeasing unto Him, we add unto the number of our other sins those also of hypocrisy and contempt of His Divine Majesty.
In the second place, the care of souls cannot belong to the civil magistrate, because his power consists only in outward force; but true and saving religion consists in the inward persuasion of the mind, without which nothing can be acceptable to God. And such is the nature of the understanding, that it cannot be compelled to the belief of anything by outward force. Confiscation of estate, imprisonment, torments, nothing of that nature can have any such efficacy as to make men change the inward judgement that they have framed of things.
It may indeed be alleged that the magistrate may make use of arguments, and, thereby; draw the heterodox into the way of truth, and procure their salvation. I grant it; but this is common to him with other men. In teaching, instructing, and redressing the erroneous by reason, he may certainly do what becomes any good man to do. Magistracy does not oblige him to put off either humanity or Christianity; but it is one thing to persuade, another to command; one thing to press with arguments, another with penalties. This civil power alone has a right to do; to the other, goodwill is authority enough. Every man has commission to admonish, exhort, convince another of error, and, by reasoning, to draw him into truth; but to give laws, receive obedience, and compel with the sword, belongs to none but the magistrate. And, upon this ground, I affirm that the magistrate's power extends not to the establishing of any articles of faith, or forms of worship, by the force of his laws. For laws are of no force at all without penalties, and penalties in this case are absolutely impertinent, because they are not proper to convince the mind. Neither the profession of any articles of faith, nor the conformity to any outward form of worship (as has been already said), can be available to the salvation of souls, unless the truth of the one and the acceptableness of the other unto God be thoroughly believed by those that so profess and practise. But penalties are no way capable to produce such belief. It is only light and evidence that can work a change in men's opinions; which light can in no manner proceed from corporal sufferings, or any other outward penalties.
In the third place, the care of the salvation of men's souls cannot belong to the magistrate; because, though the rigour of laws and the force of penalties were capable to convince and change men's minds, yet would not that help at all to the salvation of their souls. For there being but one truth, one way to heaven, what hope is there that more men would be led into it if they had no rule but the religion of the court and were put under the necessity to quit the light of their own reason, and oppose the dictates of their own consciences, and blindly to resign themselves up to the will of their governors and to the religion which either ignorance, ambition, or superstition had chanced to establish in the countries where they were born? In the variety and contradiction of opinions in religion, wherein the princes of the world are as much divided as in their secular interests, the narrow way would be much straitened; one country alone would be in the right, and all the rest of the world put under an obligation of following their princes in the ways that lead to destruction; and that which heightens the absurdity, and very ill suits the notion of a Deity, men would owe their eternal happiness or misery to the places of their nativity.
These considerations, to omit many others that might have been urged to the same purpose, seem unto me sufficient to conclude that all the power of civil government relates only to men's civil interests, is confined to the care of the things of this world, and hath nothing to do with the world to come.
Let us now consider what a church is. A church, then, I take to be a voluntary society of men, joining themselves together of their own accord in order to the public worshipping of God in such manner as they judge acceptable to Him, and effectual to the salvation of their souls.
I say it is a free and voluntary society. Nobody is born a member of any church; otherwise the religion of parents would descend unto children by the same right of inheritance as their temporal estates, and everyone would hold his faith by the same tenure he does his lands, than which nothing can be imagined more absurd. Thus, therefore, that matter stands. No man by nature is bound unto any particular church or sect, but everyone joins himself voluntarily to that society in which he believes he has found that profession and worship which is truly acceptable to God. The hope of salvation, as it was the only cause of his entrance into that communion, so it can be the only reason of his stay there. For if afterwards he discover anything either erroneous in the doctrine or incongruous in the worship of that society to which he has joined himself, why should it not be as free for him to go out as it was to enter? No member of a religious society can be tied with any other bonds but what proceed from the certain expectation of eternal life. A church, then, is a society of members voluntarily uniting to that end.
It follows now that we consider what is the power of this church and unto what laws it is subject.
Forasmuch as no society, how free soever, or upon whatsoever slight occasion instituted, whether of philosophers for learning, of merchants for commerce, or of men of leisure for mutual conversation and discourse, no church or company, I say, can in the least subsist and hold together, but will presently dissolve and break in pieces, unless it be regulated by some laws, and the members all consent to observe some order. Place and time of meeting must be agreed on; rules for admitting and excluding members must be established; distinction of officers, and putting things into a regular course, and suchlike, cannot be omitted. But since the joining together of several members into this church-society, as has already been demonstrated, is absolutely free and spontaneous, it necessarily follows that the right of making its laws can belong to none but the society itself; or, at least (which is the same thing), to those whom the society by common consent has authorised thereunto.
Some, perhaps, may object that no such society can be said to be a true church unless it have in it a bishop or presbyter, with ruling authority derived from the very apostles, and continued down to the present times by an uninterrupted succession.
To these I answer: In the first place, let them show me the edict by which Christ has imposed that law upon His Church. And let not any man think me impertinent, if in a thing of this consequence I require that the terms of that edict be very express and positive; for the promise He has made us, that "wheresoever two or three are gathered together" in His name, He will be in the midst of them, seems to imply the contrary. Whether such an assembly want anything necessary to a true church, pray do you consider. Certain I am that nothing can be there wanting unto the salvation of souls, which is sufficient to our purpose.
Next, pray observe how great have always been the divisions amongst even those who lay so much stress upon the Divine institution and continued succession of a certain order of rulers in the Church. Now, their very dissension unavoidably puts us upon a necessity of deliberating and, consequently, allows a liberty of choosing that which upon consideration we prefer.
And, in the last place, I consent that these men have a ruler in their church, established by such a long series of succession as they judge necessary, provided I may have liberty at the same time to join myself to that society in which I am persuaded those things are to be found which are necessary to the salvation of my soul. In this manner ecclesiastical liberty will be preserved on all sides, and no man will have a legislator imposed upon him but whom himself has chosen.
But since men are so solicitous about the true church, I would only ask them here, by the way, if it be not more agreeable to the Church of Christ to make the conditions of her communion consist in such things, and such things only, as the Holy Spirit has in the Holy Scriptures declared, in express words, to be necessary to salvation; I ask, I say, whether this be not more agreeable to the Church of Christ than for men to impose their own inventions and interpretations upon others as if they were of Divine authority, and to establish by ecclesiastical laws, as absolutely necessary to the profession of Christianity, such things as the Holy Scriptures do either not mention, or at least not expressly command? Whosoever requires those things in order to ecclesiastical communion, which Christ does not require in order to life eternal, he may, perhaps, indeed constitute a society accommodated to his own opinion and his own advantage; but how that can be called the Church of Christ which is established upon laws that are not His, and which excludes such persons from its communion as He will one day receive into the Kingdom of Heaven, I understand not. But this being not a proper place to inquire into the marks of the true church, I will only mind those that contend so earnestly for the decrees of their own society, and that cry out continually, "The Church! the Church!" with as much noise, and perhaps upon the same principle, as the Ephesian silversmiths did for their Diana; this, I say, I desire to mind them of, that the Gospel frequently declares that the true disciples of Christ must suffer persecution; but that the Church of Christ should persecute others, and force others by fire and sword to embrace her faith and doctrine, I could never yet find in any of the books of the New Testament.
The end of a religious society (as has already been said) is the public worship of God and, by means thereof, the acquisition of eternal life. All discipline ought, therefore, to tend to that end, and all ecclesiastical laws to be thereunto confined. Nothing ought nor can be transacted in this society relating to the possession of civil and worldly goods. No force is here to be made use of upon any occasion whatsoever. For force belongs wholly to the civil magistrate, and the possession of all outward goods is subject to his jurisdiction.
But, it may be asked, by what means then shall ecclesiastical laws be established, if they must be thus destitute of all compulsive power? I answer: They must be established by means suitable to the nature of such things, whereof the external profession and observation — if not proceeding from a thorough conviction and approbation of the mind — is altogether useless and unprofitable. The arms by which the members of this society are to be kept within their duty are exhortations, admonitions, and advices. If by these means the offenders will not be reclaimed, and the erroneous convinced, there remains nothing further to be done but that such stubborn and obstinate persons, who give no ground to hope for their reformation, should be cast out and separated from the society. This is the last and utmost force of ecclesiastical authority. No other punishment can thereby be inflicted than that, the relation ceasing between the body and the member which is cut off. The person so condemned ceases to be a part of that church.
These things being thus determined, let us inquire, in the next place: How far the duty of toleration extends, and what is required from everyone by it?
And, first, I hold that no church is bound, by the duty of toleration, to retain any such person in her bosom as, after admonition, continues obstinately to offend against the laws of the society. For, these being the condition of communion and the bond of the society, if the breach of them were permitted without any animadversion the society would immediately be thereby dissolved. But, nevertheless, in all such cases care is to be taken that the sentence of excommunication, and the execution thereof, carry with it no rough usage of word or action whereby the ejected person may any wise be damnified in body or estate. For all force (as has often been said) belongs only to the magistrate, nor ought any private persons at any time to use force, unless it be in self-defence against unjust violence. Excommunication neither does, nor can, deprive the excommunicated person of any of those civil goods that he formerly possessed. All those things belong to the civil government and are under the magistrate's protection. The whole force of excommunication consists only in this: that, the resolution of the society in that respect being declared, the union that was between the body and some member comes thereby to be dissolved; and, that relation ceasing, the participation of some certain things which the society communicated to its members, and unto which no man has any civil right, comes also to cease. For there is no civil injury done unto the excommunicated person by the church minister's refusing him that bread and wine, in the celebration of the Lord's Supper, which was not bought with his but other men's money.
Secondly, no private person has any right in any manner to prejudice another person in his civil enjoyments because he is of another church or religion. All the rights and franchises that belong to him as a man, or as a denizen, are inviolably to be preserved to him. These are not the business of religion. No violence nor injury is to be offered him, whether he be Christian or Pagan. Nay, we must not content ourselves with the narrow measures of bare justice; charity, bounty, and liberality must be added to it. This the Gospel enjoins, this reason directs, and this that natural fellowship we are born into requires of us. If any man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposest he will be miserable in that which is to come.
What I say concerning the mutual toleration of private persons differing from one another in religion, I understand also of particular churches which stand, as it were, in the same relation to each other as private persons among themselves: nor has any one of them any manner of jurisdiction over any other; no, not even when the civil magistrate (as it sometimes happens) comes to be of this or the other communion. For the civil government can give no new right to the church, nor the church to the civil government. So that, whether the magistrate join himself to any church, or separate from it, the church remains always as it was before — a free and voluntary society. It neither requires the power of the sword by the magistrate's coming to it, nor does it lose the right of instruction and excommunication by his going from it. This is the fundamental and immutable right of a spontaneous society — that it has power to remove any of its members who transgress the rules of its institution; but it cannot, by the accession of any new members, acquire any right of jurisdiction over those that are not joined with it. And therefore peace, equity, and friendship are always mutually to be observed by particular churches, in the same manner as by private persons, without any pretence of superiority or jurisdiction over one another.
That the thing may be made clearer by an example, let us suppose two churches — the one of Arminians, the other of Calvinists — residing in the city of Constantinople. Will anyone say that either of these churches has right to deprive the members of the other of their estates and liberty (as we see practised elsewhere) because of their differing from it in some doctrines and ceremonies, whilst the Turks, in the meanwhile, silently stand by and laugh to see with what inhuman cruelty Christians thus rage against Christians? But if one of these churches hath this power of treating the other ill, I ask which of them it is to whom that power belongs, and by what right? It will be answered, undoubtedly, that it is the orthodox church which has the right of authority over the erroneous or heretical. This is, in great and specious words, to say just nothing at all. For every church is orthodox to itself; to others, erroneous or heretical. For whatsoever any church believes, it believes to be true and the contrary unto those things it pronounce; to be error. So that the controversy between these churches about the truth of their doctrines and the purity of their worship is on both sides equal; nor is there any judge, either at Constantinople or elsewhere upon earth, by whose sentence it can be determined. The decision of that question belongs only to the Supreme judge of all men, to whom also alone belongs the punishment of the erroneous. In the meanwhile, let those men consider how heinously they sin, who, adding injustice, if not to their error, yet certainly to their pride, do rashly and arrogantly take upon them to misuse the servants of another master, who are not at all accountable to them.
Nay, further: if it could be manifest which of these two dissenting churches were in the right, there would not accrue thereby unto the orthodox any right of destroying the other. For churches have neither any jurisdiction in worldly matters, nor are fire and sword any proper instruments wherewith to convince men's minds of error, and inform them of the truth. Let us suppose, nevertheless, that the civil magistrate inclined to favour one of them and to put his sword into their hands that (by his consent) they might chastise the dissenters as they pleased. Will any man say that any right can be derived unto a Christian church over its brethren from a Turkish emperor? An infidel, who has himself no authority to punish Christians for the articles of their faith, cannot confer such an authority upon any society of Christians, nor give unto them a right which he has not himself. This would be the case at Constantinople; and the reason of the thing is the same in any Christian kingdom. The civil power is the same in every place. Nor can that power, in the hands of a Christian prince, confer any greater authority upon the Church than in the hands of a heathen; which is to say, just none at all.
Nevertheless, it is worthy to be observed and lamented that the most violent of these defenders of the truth, the opposers of errors, the exclaimers against schism do hardly ever let loose this their zeal for God, with which they are so warmed and inflamed, unless where they have the civil magistrate on their side. But so soon as ever court favour has given them the better end of the staff, and they begin to feel themselves the stronger, then presently peace and charity are to be laid aside. Otherwise they are religiously to be observed. Where they have not the power to carry on persecution and to become masters, there they desire to live upon fair terms and preach up toleration. When they are not strengthened with the civil power, then they can bear most patiently and unmovedly the contagion of idolatry, superstition, and heresy in their neighbourhood; of which on other occasions the interest of religion makes them to be extremely apprehensive. They do not forwardly attack those errors which are in fashion at court or are countenanced by the government. Here they can be content to spare their arguments; which yet (with their leave) is the only right method of propagating truth, which has no such way of prevailing as when strong arguments and good reason are joined with the softness of civility and good usage.
Nobody, therefore, in fine, neither single persons nor churches, nay, nor even commonwealths, have any just title to invade the civil rights and worldly goods of each other upon pretence of religion. Those that are of another opinion would do well to consider with themselves how pernicious a seed of discord and war, how powerful a provocation to endless hatreds, rapines, and slaughters they thereby furnish unto mankind. No peace and security, no, not so much as common friendship, can ever be established or preserved amongst men so long as this opinion prevails, that dominion is founded in grace and that religion is to be propagated by force of arms.
In the third place, let us see what the duty of toleration requires from those who are distinguished from the rest of mankind (from the laity, as they please to call us) by some ecclesiastical character and office; whether they be bishops, priests, presbyters, ministers, or however else dignified or distinguished. It is not my business to inquire here into the original of the power or dignity of the clergy. This only I say, that, whencesoever their authority be sprung, since it is ecclesiastical, it ought to be confined within the bounds of the Church, nor can it in any manner be extended to civil affairs, because the Church itself is a thing absolutely separate and distinct from the commonwealth. The boundaries on both sides are fixed and immovable. He jumbles heaven and earth together, the things most remote and opposite, who mixes these two societies, which are in their original, end, business, and in everything perfectly distinct and infinitely different from each other. No man, therefore, with whatsoever ecclesiastical office he be dignified, can deprive another man that is not of his church and faith either of liberty or of any part of his worldly goods upon the account of that difference between them in religion. For whatsoever is not lawful to the whole Church cannot by any ecclesiastical right become lawful to any of its members.
But this is not all. It is not enough that ecclesiastical men abstain from violence and rapine and all manner of persecution. He that pretends to be a successor of the apostles, and takes upon him the office of teaching, is obliged also to admonish his hearers of the duties of peace and goodwill towards all men, as well towards the erroneous as the orthodox; towards those that differ from them in faith and worship as well as towards those that agree with them therein. And he ought industriously to exhort all men, whether private persons or magistrates (if any such there be in his church), to charity, meekness, and toleration, and diligently endeavour to ally and temper all that heat and unreasonable averseness of mind which either any man's fiery zeal for his own sect or the craft of others has kindled against dissenters. I will not undertake to represent how happy and how great would be the fruit, both in Church and State, if the pulpits everywhere sounded with this doctrine of peace and toleration, lest I should seem to reflect too severely upon those men whose dignity I desire not to detract from, nor would have it diminished either by others or themselves. But this I say, that thus it ought to be. And if anyone that professes himself to be a minister of the Word of God, a preacher of the gospel of peace, teach otherwise, he either understands not or neglects the business of his calling and shall one day give account thereof unto the Prince of Peace. If Christians are to be admonished that they abstain from all manner of revenge, even after repeated provocations and multiplied injuries, how much more ought they who suffer nothing, who have had no harm done them, forbear violence and abstain from all manner of ill-usage towards those from whom they have received none! This caution and temper they ought certainly to use towards those. who mind only their own business and are solicitous for nothing but that (whatever men think of them) they may worship God in that manner which they are persuaded is acceptable to Him and in which they have the strongest hopes of eternal salvation. In private domestic affairs, in the management of estates, in the conservation of bodily health, every man may consider what suits his own convenience and follow what course he likes best. No man complains of the ill-management of his neighbour's affairs. No man is angry with another for an error committed in sowing his land or in marrying his daughter. Nobody corrects a spendthrift for consuming his substance in taverns. Let any man pull down, or build, or make whatsoever expenses he pleases, nobody murmurs, nobody controls him; he has his liberty. But if any man do not frequent the church, if he do not there conform his behaviour exactly to the accustomed ceremonies, or if he brings not his children to be initiated in the sacred mysteries of this or the other congregation, this immediately causes an uproar. The neighbourhood is filled with noise and clamour. Everyone is ready to be the avenger of so great a crime, and the zealots hardly have the patience to refrain from violence and rapine so long till the cause be heard and the poor man be, according to form, condemned to the loss of liberty, goods, or life. Oh, that our ecclesiastical orators of every sect would apply themselves with all the strength of arguments that they are able to the confounding of men's errors! But let them spare their persons. Let them not supply their want of reasons with the instruments of force, which belong to another jurisdiction and do ill become a Churchman's hands. Let them not call in the magistrate's authority to the aid of their eloquence or learning, lest perhaps, whilst they pretend only love for the truth, this their intemperate zeal, breathing nothing but fire and sword, betray their ambition and show that what they desire is temporal dominion. For it will be very difficult to persuade men of sense that he who with dry eyes and satisfaction of mind can deliver his brother to the executioner to be burnt alive, does sincerely and heartily concern himself to save that brother from the flames of hell in the world to come.
In the last place, let us now consider what is the magistrate's duty in the business of toleration, which certainly is very considerable.
We have already proved that the care of souls does not belong to the magistrate. Not a magisterial care, I mean (if I may so call it), which consists in prescribing by laws and compelling by punishments. But a charitable care, which consists in teaching, admonishing, and persuading, cannot be denied unto any man. The care, therefore, of every man's soul belongs unto himself and is to be left unto himself. But what if he neglect the care of his soul? I answer: What if he neglect the care of his health or of his estate, which things are nearlier related to the government of the magistrate than the other? Will the magistrate provide by an express law that such a one shall not become poor or sick? Laws provide, as much as is possible, that the goods and health of subjects be not injured by the fraud and violence of others; they do not guard them from the negligence or ill-husbandry of the possessors themselves. No man can be forced to be rich or healthful whether he will or no. Nay, God Himself will not save men against their wills. Let us suppose, however, that some prince were desirous to force his subjects to accumulate riches, or to preserve the health and strength of their bodies. Shall it be provided by law that they must consult none but Roman physicians, and shall everyone be bound to live according to their prescriptions? What, shall no potion, no broth, be taken, but what is prepared either in the Vatican, suppose, or in a Geneva shop? Or, to make these subjects rich, shall they all be obliged by law to become merchants or musicians? Or, shall everyone turn victualler, or smith, because there are some that maintain their families plentifully and grow rich in those professions? But, it may be said, there are a thousand ways to wealth, but one only way to heaven. It is well said, indeed, especially by those that plead for compelling men into this or the other way. For if there were several ways that led thither, there would not be so much as a pretence left for compulsion. But now, if I be marching on with my utmost vigour in that way which, according to the sacred geography, leads straight to Jerusalem, why am I beaten and ill-used by others because, perhaps, I wear not buskins; because my hair is not of the right cut; because, perhaps, I have not been dipped in the right fashion; because I eat flesh upon the road, or some other food which agrees with my stomach; because I avoid certain by-ways, which seem unto me to lead into briars or precipices; because, amongst the several paths that are in the same road, I choose that to walk in which seems to be the straightest and cleanest; because I avoid to keep company with some travellers that are less grave and others that are more sour than they ought to be; or, in fine, because I follow a guide that either is, or is not, clothed in white, or crowned with a mitre? Certainly, if we consider right, we shall find that, for the most part, they are such frivolous things as these that (without any prejudice to religion or the salvation of souls, if not accompanied with superstition or hypocrisy) might either be observed or omitted. I say they are such-like things as these which breed implacable enmities amongst Christian brethren, who are all agreed in the substantial and truly fundamental part of religion.
But let us grant unto these zealots, who condemn all things that are not of their mode, that from these circumstances are different ends. What shall we conclude from thence? There is only one of these which is the true way to eternal happiness: but in this great variety of ways that men follow, it is still doubted which is the right one. Now, neither the care of the commonwealth, nor the right enacting of laws, does discover this way that leads to heaven more certainly to the magistrate than every private man's search and study discovers it unto himself. I have a weak body, sunk under a languishing disease, for which (I suppose) there is one only remedy, but that unknown. Does it therefore belong unto the magistrate to prescribe me a remedy, because there is but one, and because it is unknown? Because there is but one way for me to escape death, will it therefore be safe for me to do whatsoever the magistrate ordains? Those things that every man ought sincerely to inquire into himself, and by meditation, study, search, and his own endeavours, attain the knowledge of, cannot be looked upon as the peculiar possession of any sort of men. Princes, indeed, are born superior unto other men in power, but in nature equal. Neither the right nor the art of ruling does necessarily carry along with it the certain knowledge of other things, and least of all of true religion. For if it were so, how could it come to pass that the lords of the earth should differ so vastly as they do in religious matters? But let us grant that it is probable the way to eternal life may be better known by a prince than by his subjects, or at least that in this incertitude of things the safest and most commodious way for private persons is to follow his dictates. You will say: "What then?" If he should bid you follow merchandise for your livelihood, would you decline that course for fear it should not succeed? I answer: I would turn merchant upon the prince's command, because, in case I should have ill-success in trade, he is abundantly able to make up my loss some other way. If it be true, as he pretends, that he desires I should thrive and grow rich, he can set me up again when unsuccessful voyages have broken me. But this is not the case in the things that regard the life to come; if there I take a wrong course, if in that respect I am once undone, it is not in the magistrate's power to repair my loss, to ease my suffering, nor to restore me in any measure, much less entirely, to a good estate. What security can be given for the Kingdom of Heaven?
Perhaps some will say that they do not suppose this infallible judgement, that all men are bound to follow in the affairs of religion, to be in the civil magistrate, but in the Church. What the Church has determined, that the civil magistrate orders to be observed; and he provides by his authority that nobody shall either act or believe in the business of religion otherwise than the Church teaches. So that the judgement of those things is in the Church; the magistrate himself yields obedience thereunto and requires the like obedience from others. I answer: Who sees not how frequently the name of the Church, which was venerable in time of the apostles, has been made use of to throw dust in the people's eyes in the following ages? But, however, in the present case it helps us not. The one only narrow way which leads to heaven is not better known to the magistrate than to private persons, and therefore I cannot safely take him for my guide, who may probably be as ignorant of the way as myself, and who certainly is less concerned for my salvation than I myself am. Amongst so many kings of the Jews, how many of them were there whom any Israelite, thus blindly following, had not fallen into idolatry and thereby into destruction? Yet, nevertheless, you bid me be of good courage and tell me that all is now safe and secure, because the magistrate does not now enjoin the observance of his own decrees in matters of religion, but only the decrees of the Church. Of what Church, I beseech you? of that, certainly, which likes him best. As if he that compels me by laws and penalties to enter into this or the other Church, did not interpose his own judgement in the matter. What difference is there whether he lead me himself, or deliver me over to be led by others? I depend both ways upon his will, and it is he that determines both ways of my eternal state. Would an Israelite that had worshipped Baal upon the command of his king have been in any better condition because somebody had told him that the king ordered nothing in religion upon his own head, nor commanded anything to be done by his subjects in divine worship but what was approved by the counsel of priests, and declared to be of divine right by the doctors of their Church? If the religion of any Church become, therefore, true and saving, because the head of that sect, the prelates and priests, and those of that tribe, do all of them, with all their might, extol and praise it, what religion can ever be accounted erroneous, false, and destructive? I am doubtful concerning the doctrine of the Socinians, I am suspicious of the way of worship practised by the Papists, or Lutherans; will it be ever a jot safer for me to join either unto the one or the other of those Churches, upon the magistrate's command, because he commands nothing in religion but by the authority and counsel of the doctors of that Church?
But, to speak the truth, we must acknowledge that the Church (if a convention of clergymen, making canons, must be called by that name) is for the most part more apt to be influenced by the Court than the Court by the Church. How the Church was under the vicissitude of orthodox and Arian emperors is very well known. Or if those things be too remote, our modern English history affords us fresh examples in the reigns of Henry VIII, Edward VI, Mary, and Elizabeth, how easily and smoothly the clergy changed their decrees, their articles of faith, their form of worship, everything according to the inclination of those kings and queens. Yet were those kings and queens of such different minds in point of religion, and enjoined thereupon such different things, that no man in his wits (I had almost said none but an atheist) will presume to say that any sincere and upright worshipper of God could, with a safe conscience, obey their several decrees. To conclude, it is the same thing whether a king that prescribes laws to another man's religion pretend to do it by his own judgement, or by the ecclesiastical authority and advice of others. The decisions of churchmen, whose differences and disputes are sufficiently known, cannot be any sounder or safer than his; nor can all their suffrages joined together add a new strength to the civil power. Though this also must be taken notice of — that princes seldom have any regard to the suffrages of ecclesiastics that are not favourers of their own faith and way of worship.
But, after all, the principal consideration, and which absolutely determines this controversy, is this: Although the magistrate's opinion in religion be sound, and the way that he appoints be truly Evangelical, yet, if I be not thoroughly persuaded thereof in my own mind, there will be no safety for me in following it. No way whatsoever that I shall walk in against the dictates of my conscience will ever bring me to the mansions of the blessed. I may grow rich by an art that I take not delight in; I may be cured of some disease by remedies that I have not faith in; but I cannot be saved by a religion that I distrust and by a worship that I abhor. It is in vain for an unbeliever to take up the outward show of another man's profession. Faith only and inward sincerity are the things that procure acceptance with God. The most likely and most approved remedy can have no effect upon the patient, if his stomach reject it as soon as taken; and you will in vain cram a medicine down a sick man's throat, which his particular constitution will be sure to turn into poison. In a word, whatsoever may be doubtful in religion, yet this at least is certain, that no religion which I believe not to be true can be either true or profitable unto me. In vain, therefore, do princes compel their subjects to come into their Church communion, under pretence of saving their souls. If they believe, they will come of their own accord, if they believe not, their coming will nothing avail them. How great soever, in fine, may be the pretence of good-will and charity, and concern for the salvation of men's souls, men cannot be forced to be saved whether they will or no. And therefore, when all is done, they must be left to their own consciences.
Having thus at length freed men from all dominion over one another in matters of religion, let us now consider what they are to do. All men know and acknowledge that God ought to be publicly worshipped; why otherwise do they compel one another unto the public assemblies? Men, therefore, constituted in this liberty are to enter into some religious society, that they meet together, not only for mutual edification, but to own to the world that they worship God and offer unto His Divine Majesty such service as they themselves are not ashamed of and such as they think not unworthy of Him, nor unacceptable to Him; and, finally, that by the purity of doctrine, holiness of life, and decent form of worship, they may draw others unto the love of the true religion, and perform such other things in religion as cannot be done by each private man apart.
These religious societies I call Churches; and these, I say, the magistrate ought to tolerate, for the business of these assemblies of the people is nothing but what is lawful for every man in particular to take care of — I mean the salvation of their souls; nor in this case is there any difference between the National Church and other separated congregations.
But as in every Church there are two things especially to be considered — the outward form and rites of worship, and the doctrines and articles of things must be handled each distinctly that so the whole matter of toleration may the more clearly be understood.
Concerning outward worship, I say, in the first place, that the magistrate has no power to enforce by law, either in his own Church, or much less in another, the use of any rites or ceremonies whatsoever in the worship of God. And this, not only because these Churches are free societies, but because whatsoever is practised in the worship of God is only so far justifiable as it is believed by those that practise it to be acceptable unto Him. Whatsoever is not done with that assurance of faith is neither well in itself, nor can it be acceptable to God. To impose such things, therefore, upon any people, contrary to their own judgment, is in effect to command them to offend God, which, considering that the end of all religion is to please Him, and that liberty is essentially necessary to that end, appears to be absurd beyond expression.
But perhaps it may be concluded from hence that I deny unto the magistrate all manner of power about indifferent things, which, if it be not granted, the whole subject-matter of law-making is taken away. No, I readily grant that indifferent things, and perhaps none but such, are subjected to the legislative power. But it does not therefore follow that the magistrate may ordain whatsoever he pleases concerning anything that is indifferent. The public good is the rule and measure of all law-making. If a thing be not useful to the commonwealth, though it be never so indifferent, it may not presently be established by law.
And further, things never so indifferent in their own nature, when they are brought into the Church and worship of God, are removed out of the reach of the magistrate's jurisdiction, because in that use they have no connection at all with civil affairs. The only business of the Church is the salvation of souls, and it no way concerns the commonwealth, or any member of it, that this or the other ceremony be there made use of. Neither the use nor the omission of any ceremonies in those religious assemblies does either advantage or prejudice the life, liberty, or estate of any man. For example, let it be granted that the washing of an infant with water is in itself an indifferent thing, let it be granted also that the magistrate understand such washing to be profitable to the curing or preventing of any disease the children are subject unto, and esteem the matter weighty enough to be taken care of by a law. In that case he may order it to be done. But will any one therefore say that a magistrate has the same right to ordain by law that all children shall be baptised by priests in the sacred font in order to the purification of their souls? The extreme difference of these two cases is visible to every one at first sight. Or let us apply the last case to the child of a Jew, and the thing speaks itself. For what hinders but a Christian magistrate may have subjects that are Jews? Now, if we acknowledge that such an injury may not be done unto a Jew as to compel him, against his own opinion, to practise in his religion a thing that is in its nature indifferent, how can we maintain that anything of this kind may be done to a Christian?
Again, things in their own nature indifferent cannot, by any human authority, be made any part of the worship of God — for this very reason: because they are indifferent. For, since indifferent things are not capable, by any virtue of their own, to propitiate the Deity, no human power or authority can confer on them so much dignity and excellency as to enable them to do it. In the common affairs of life that use of indifferent things which God has not forbidden is free and lawful, and therefore in those things human authority has place. But it is not so in matters of religion. Things indifferent are not otherwise lawful in the worship of God than as they are instituted by God Himself and as He, by some positive command, has ordained them to be made a part of that worship which He will vouchsafe to accept at the hands of poor sinful men. Nor, when an incensed Deity shall ask us, "Who has required these, or such-like things at your hands?" will it be enough to answer Him that the magistrate commanded them. If civil jurisdiction extend thus far, what might not lawfully be introduced into religion? What hodgepodge of ceremonies, what superstitious inventions, built upon the magistrate's authority, might not (against conscience) be imposed upon the worshippers of God? For the greatest part of these ceremonies and superstitions consists in the religious use of such things as are in their own nature indifferent; nor are they sinful upon any other account than because God is not the author of them. The sprinkling of water and the use of bread and wine are both in their own nature and in the ordinary occasions of life altogether indifferent. Will any man, therefore, say that these things could have been introduced into religion and made a part of divine worship if not by divine institution? If any human authority or civil power could have done this, why might it not also enjoin the eating of fish and drinking of ale in the holy banquet as a part of divine worship? Why not the sprinkling of the blood of beasts in churches, and expiations by water or fire, and abundance more of this kind? But these things, how indifferent soever they be in common uses, when they come to be annexed unto divine worship, without divine authority, they are as abominable to God as the sacrifice of a dog. And why is a dog so abominable? What difference is there between a dog and a goat, in respect of the divine nature, equally and infinitely distant from all affinity with matter, unless it be that God required the use of one in His worship and not of the other? We see, therefore, that indifferent things, how much soever they be under the power of the civil magistrate, yet cannot, upon that pretence, be introduced into religion and imposed upon religious assemblies, because, in the worship of God, they wholly cease to be indifferent. He that worships God does it with design to please Him and procure His favour. But that cannot be done by him who, upon the command of another, offers unto God that which he knows will be displeasing to Him, because not commanded by Himself. This is not to please God, or appease his wrath, but willingly and knowingly to provoke Him by a manifest contempt, which is a thing absolutely repugnant to the nature and end of worship.
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, 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. 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.
Another more secret evil, but more dangerous to the commonwealth, is when men arrogate to themselves, and to those of their own sect, some peculiar prerogative covered over with a specious show of deceitful words, but in effect opposite to the civil right of the community. For example: we cannot find any sect that teaches, expressly and openly, that men are not obliged to keep their promise; that princes may be dethroned by those that differ from them in religion; or that the dominion of all things belongs only to themselves. For these things, proposed thus nakedly and plainly, would soon draw on them the eye and hand of the magistrate and awaken all the care of the commonwealth to a watchfulness against the spreading of so dangerous an evil. But, nevertheless, we find those that say the same things in other words. What else do they mean who teach that faith is not to be kept with heretics? Their meaning, forsooth, is that the privilege of breaking faith belongs unto themselves; for they declare all that are not of their communion to be heretics, or at least may declare them so whensoever they think fit. What can be the meaning of their asserting that kings excommunicated forfeit their crowns and kingdoms? It is evident that they thereby arrogate unto themselves the power of deposing kings, because they challenge the power of excommunication, as the peculiar right of their hierarchy. That dominion is founded in grace is also an assertion by which those that maintain it do plainly lay claim to the possession of all things. For they are not so wanting to themselves as not to believe, or at least as not to profess themselves to be the truly pious and faithful. These, therefore, and the like, who attribute unto the faithful, religious, and orthodox, that is, in plain terms, unto themselves, any peculiar privilege or power above other mortals, in civil concernments; or who upon pretence of religion do challenge any manner of authority over such as are not associated with them in their ecclesiastical communion, I say these have no right to be tolerated by the magistrate; as neither those that will not own and teach the duty of tolerating all men in matters of mere religion. For what do all these and the like doctrines signify, but that they may and are ready upon any occasion to seize the Government and possess themselves of the estates and fortunes of their fellow subjects; and that they only ask leave to be tolerated by the magistrate so long until they find themselves strong enough to effect it?
Again: That Church can have no right to be tolerated by the magistrate which is constituted upon such a bottom that all those who enter into it do thereby ipso facto deliver themselves up to the protection and service of another prince. For by this means the magistrate would give way to the settling of a foreign jurisdiction in his own country and suffer his own people to be listed, as it were, for soldiers against his own Government. Nor does the frivolous and fallacious distinction between the Court and the Church afford any remedy to this inconvenience; especially when both the one and the other are equally subject to the absolute authority of the same person, who has not only power to persuade the members of his Church to whatsoever he lists, either as purely religious, or in order thereunto, but can also enjoin it them on pain of eternal fire. It is ridiculous for any one to profess himself to be a Mahometan only in his religion, but in everything else a faithful subject to a Christian magistrate, whilst at the same time he acknowledges himself bound to yield blind obedience to the Mufti of Constantinople, who himself is entirely obedient to the Ottoman Emperor and frames the feigned oracles of that religion according to his pleasure. But this Mahometan living amongst Christians would yet more apparently renounce their government if he acknowledged the same person to be head of his Church who is the supreme magistrate in the state.
Lastly, those are not at all to be tolerated who deny the being of a God. Promises, covenants, and oaths, which are the bonds of human society, can have no hold upon an atheist. The taking away of God, though but even in thought, dissolves all; besides also, those that by their atheism undermine and destroy all religion, can have no pretence of religion whereupon to challenge the privilege of a toleration. As for other practical opinions, though not absolutely free from all error, if they do not tend to establish domination over others, or civil impunity to the Church in which they are taught, there can be no reason why they should not be tolerated.
It remains that I say something concerning those assemblies which, being vulgarly called and perhaps having sometimes been conventicles and nurseries of factions and seditions, are thought to afford against this doctrine of toleration. But this has not happened by anything peculiar unto the genius of such assemblies, but by the unhappy circumstances of an oppressed or ill-settled liberty. These accusations would soon cease if the law of toleration were once so settled that all Churches were obliged to lay down toleration as the foundation of their own liberty, and teach that liberty of conscience is every man's natural right, equally belonging to dissenters as to themselves; and that nobody ought to be compelled in matters of religion either by law or force. The establishment of this one thing would take away all ground of complaints and tumults upon account of conscience; and these causes of discontents and animosities being once removed, there would remain nothing in these assemblies that were not more peaceable and less apt to produce disturbance of state than in any other meetings whatsoever. But let us examine particularly the heads of these accusations.
You will say that assemblies and meetings endanger the public peace and threaten the commonwealth. I answer: If this be so, why are there daily such numerous meetings in markets and Courts of Judicature? Why are crowds upon the Exchange and a concourse of people in cities suffered? You will reply: "Those are civil assemblies, but these we object against are ecclesiastical." I answer: It is a likely thing, indeed, that such assemblies as are altogether remote from civil affairs should be most apt to embroil them. Oh, but civil assemblies are composed of men that differ from one another in matters of religion, but these ecclesiastical meetings are of persons that are all of one opinion. As if an agreement in matters of religion were in effect a conspiracy against the commonwealth; or as if men would not be so much the more warmly unanimous in religion the less liberty they had of assembling. But it will be urged still that civil assemblies are open and free for any one to enter into, whereas religious conventicles are more private and thereby give opportunity to clandestine machinations. I answer that this is not strictly true, for many civil assemblies are not open to everyone. And if some religious meetings be private, who are they (I beseech you) that are to be blamed for it, those that desire, or those that forbid their being public! Again, you will say that religious communion does exceedingly unite men's minds and affections to one another and is therefore the more dangerous. But if this be so, why is not the magistrate afraid of his own Church; and why does he not forbid their assemblies as things dangerous to his Government? You will say because he himself is a part and even the head of them. As if he were not also a part of the commonwealth, and the head of the whole people!
Let us therefore deal plainly. The magistrate is afraid of other Churches, but not of his own, because he is kind and favourable to the one, but severe and cruel to the other. These he treats like children, and indulges them even to wantonness. Those he uses as slaves and, how blamelessly soever they demean themselves, recompenses them no otherwise than by galleys, prisons, confiscations, and death. These he cherishes and defends; those he continually scourges and oppresses. Let him turn the tables. Or let those dissenters enjoy but the same privileges in civils as his other subjects, and he will quickly find that these religious meetings will be no longer dangerous. For if men enter into seditious conspiracies, it is not religion inspires them to it in their meetings, but their sufferings and oppressions that make them willing to ease themselves. Just and moderate governments are everywhere quiet, everywhere safe; but oppression raises ferments and makes men struggle to cast off an uneasy and tyrannical yoke. I know that seditions are very frequently raised upon pretence of religion, but it is as true that for religion subjects are frequently ill treated and live miserably. Believe me, the stirs that are made proceed not from any peculiar temper of this or that Church or religious society, but from the common disposition of all mankind, who when they groan under any heavy burthen endeavour naturally to shake off the yoke that galls their necks. Suppose this business of religion were let alone, and that there were some other distinction made between men and men upon account of their different complexions, shapes, and features, so that those who have black hair (for example) or grey eyes should not enjoy the same privileges as other citizens; that they should not be permitted either to buy or sell, or live by their callings; that parents should not have the government and education of their own children; that all should either be excluded from the benefit of the laws, or meet with partial judges; can it be doubted but these persons, thus distinguished from others by the colour of their hair and eyes, and united together by one common persecution, would be as dangerous to the magistrate as any others that had associated themselves merely upon the account of religion? Some enter into company for trade and profit, others for want of business have their clubs for claret. Neighbourhood joins some and religion others. But there is only one thing which gathers people into seditious commotions, and that is oppression.
You will say "What, will you have people to meet at divine service against the magistrate's will?" I answer: Why, I pray, against his will? Is it not both lawful and necessary that they should meet? Against his will, do you say? That is what I complain of; that is the very root of all the mischief. Why are assemblies less sufferable in a church than in a theatre or market? Those that meet there are not either more vicious or more turbulent than those that meet elsewhere. The business in that is that they are ill used, and therefore they are not to be suffered. Take away the partiality that is used towards them in matters of common right; change the laws, take away the penalties unto which they are subjected, and all things will immediately become safe and peaceable; nay, those that are averse to the religion of the magistrate will think themselves so much the more bound to maintain the peace of the commonwealth as their condition is better in that place than elsewhere; and all the several separate congregations, like so many guardians of the public peace, will watch one another, that nothing may be innovated or changed in the form of the government, because they can hope for nothing better than what they already enjoy — that is, an equal condition with their fellow-subjects under a just and moderate government. Now if that Church which agrees in religion with the prince be esteemed the chief support of any civil government, and that for no other reason (as has already been shown) than because the prince is kind and the laws are favourable to it, how much greater will be the security of government where all good subjects, of whatsoever Church they be, without any distinction upon account of religion, enjoying the same favour of the prince and the same benefit of the laws, shall become the common support and guard of it, and where none will have any occasion to fear the severity of the laws but those that do injuries to their neighbours and offend against the civil peace?
That we may draw towards a conclusion. The sum of all we drive at is that every man may enjoy the same rights that are granted to others. Is it permitted to worship God in the Roman manner? Let it be permitted to do it in the Geneva form also. Is it permitted to speak Latin in the market-place? Let those that have a mind to it be permitted to do it also in the Church. Is it lawful for any man in his own house to kneel, stand, sit, or use any other posture; and to clothe himself in white or black, in short or in long garments? Let it not be made unlawful to eat bread, drink wine, or wash with water in the church. In a word, whatsoever things are left free by law in the common occasions of life, let them remain free unto every Church in divine worship. Let no man's life, or body, or house, or estate, suffer any manner of prejudice upon these accounts. Can you allow of the Presbyterian discipline? Why should not the Episcopal also have what they like? Ecclesiastical authority, whether it be administered by the hands of a single person or many, is everywhere the same; and neither has any jurisdiction in things civil, nor any manner of power of compulsion, nor anything at all to do with riches and revenues.
Ecclesiastical assemblies and sermons are justified by daily experience and public allowance. These are allowed to people of some one persuasion; why not to all? If anything pass in a religious meeting seditiously and contrary to the public peace, it is to be punished in the same manner and no otherwise than as if it had happened in a fair or market. These meetings ought not to be sanctuaries for factious and flagitious fellows. Nor ought it to be less lawful for men to meet in churches than in halls; nor are one part of the subjects to be esteemed more blamable for their meeting together than others. Every one is to be accountable for his own actions, and no man is to be laid under a suspicion or odium for the fault of another. Those that are seditious, murderers, thieves, robbers, adulterers, slanderers, etc., of whatsoever Church, whether national or not, ought to be punished and suppressed. But those whose doctrine is peaceable and whose manners are pure and blameless ought to be upon equal terms with their fellow-subjects. Thus if solemn assemblies, observations of festivals, public worship be permitted to any one sort of professors, all these things ought to be permitted to the Presbyterians, Independents, Anabaptists, Arminians, Quakers, and others, with the same liberty. Nay, if we may openly speak the truth, and as becomes one man to another, neither Pagan nor Mahometan, nor Jew, ought to be excluded from the civil rights of the commonwealth because of his religion. The Gospel commands no such thing. The Church which "judgeth not those that are without" wants it not. And the commonwealth, which embraces indifferently all men that are honest, peaceable, and industrious, requires it not. Shall we suffer a Pagan to deal and trade with us, and shall we not suffer him to pray unto and worship God? If we allow the Jews to have private houses and dwellings amongst us, why should we not allow them to have synagogues? Is their doctrine more false, their worship more abominable, or is the civil peace more endangered by their meeting in public than in their private houses? But if these things may be granted to Jews and Pagans, surely the condition of any Christians ought not to be worse than theirs in a Christian commonwealth.
You will say, perhaps: "Yes, it ought to be; because they are more inclinable to factions, tumults, and civil wars." I answer: Is this the fault of the Christian religion? If it be so, truly the Christian religion is the worst of all religions and ought neither to be embraced by any particular person, nor tolerated by any commonwealth. For if this be the genius, this the nature of the Christian religion, to be turbulent and destructive to the civil peace, that Church itself which the magistrate indulges will not always be innocent. But far be it from us to say any such thing of that religion which carries the greatest opposition to covetousness, ambition, discord, contention, and all manner of inordinate desires, and is the most modest and peaceable religion that ever was. We must, therefore, seek another cause of those evils that are charged upon religion. And, if we consider right, we shall find it to consist wholly in the subject that I am treating of. It is not the diversity of opinions (which cannot be avoided), but the refusal of toleration to those that are of different opinions (which might have been granted), that has produced all the bustles and wars that have been in the Christian world upon account of religion. The heads and leaders of the Church, moved by avarice and insatiable desire of dominion, making use of the immoderate ambition of magistrates and the credulous superstition of the giddy multitude, have incensed and animated them against those that dissent from themselves, by preaching unto them, contrary to the laws of the Gospel and to the precepts of charity, that schismatics and heretics are to be outed of their possessions and destroyed. And thus have they mixed together and confounded two things that are in themselves most different, the Church and the commonwealth. Now as it is very difficult for men patiently to suffer themselves to be stripped of the goods which they have got by their honest industry, and, contrary to all the laws of equity, both human and divine, to be delivered up for a prey to other men's violence and rapine; especially when they are otherwise altogether blameless; and that the occasion for which they are thus treated does not at all belong to the jurisdiction of the magistrate, but entirely to the conscience of every particular man for the conduct of which he is accountable to God only; what else can be expected but that these men, growing weary of the evils under which they labour, should in the end think it lawful for them to resist force with force, and to defend their natural rights (which are not forfeitable upon account of religion) with arms as well as they can? That this has been hitherto the ordinary course of things is abundantly evident in history, and that it will continue to be so hereafter is but too apparent in reason. It cannot indeed, be otherwise so long as the principle of persecution for religion shall prevail, as it has done hitherto, with magistrate and people, and so long as those that ought to be the preachers of peace and concord shall continue with all their art and strength to excite men to arms and sound the trumpet of war. But that magistrates should thus suffer these incendiaries and disturbers of the public peace might justly be wondered at if it did not appear that they have been invited by them unto a participation of the spoil, and have therefore thought fit to make use of their covetousness and pride as means whereby to increase their own power. For who does not see that these good men are, indeed, more ministers of the government than ministers of the Gospel and that, by flattering the ambition and favouring the dominion of princes and men in authority, they endeavour with all their might to promote that tyranny in the commonwealth which otherwise they should not be able to establish in the Church? This is the unhappy agreement that we see between the Church and State. Whereas if each of them would contain itself within its own bounds — the one attending to the worldly welfare of the commonwealth, the other to the salvation of souls — it is impossible that any discord should ever have happened between them. Sed pudet hoec opprobria. etc. God Almighty grant, I beseech Him, that the gospel of peace may at length be preached, and that civil magistrates, growing more careful to conform their own consciences to the law of God and less solicitous about the binding of other men's consciences by human laws, may, like fathers of their country, direct all their counsels and endeavours to promote universally the civil welfare of all their children, except only of such as are arrogant, ungovernable, and injurious to their brethren; and that all ecclesiastical men, who boast themselves to be the successors of the Apostles, walking peaceably and modestly in the Apostles' steps, without intermeddling with State Affairs, may apply themselves wholly to promote the salvation of souls.
PERHAPS it may not be amiss to add a few things concerning heresy and schism. A Turk is not, nor can be, either heretic or schismatic to a Christian; and if any man fall off from the Christian faith to Mahometism, he does not thereby become a heretic or schismatic, but an apostate and an infidel. This nobody doubts of; and by this it appears that men of different religions cannot be heretics or schismatics to one another.
We are to inquire, therefore, what men are of the same religion. Concerning which it is manifest that those who have one and the same rule of faith and worship are of the same religion; and those who have not the same rule of faith and worship are of different religions. For since all things that belong unto that religion are contained in that rule, it follows necessarily that those who agree in one rule are of one and the same religion, and vice versa. Thus Turks and Christians are of different religions, because these take the Holy Scriptures to be the rule of their religion, and those the Alcoran. And for the same reason there may be different religions also even amongst Christians. The Papists and Lutherans, though both of them profess faith in Christ and are therefore called Christians, yet are not both of the same religion, because these acknowledge nothing but the Holy Scriptures to be the rule and foundation of their religion, those take in also traditions and the decrees of Popes and of these together make the rule of their religion; and thus the Christians of St. John (as they are called) and the Christians of Geneva are of different religions, because these also take only the Scriptures, and those I know not what traditions, for the rule of their religion.
This being settled, it follows, first, that heresy is a separation made in ecclesiastical communion between men of the same religion for some opinions no way contained in the rule itself; and, secondly, that amongst those who acknowledge nothing but the Holy Scriptures to be their rule of faith, heresy is a separation made in their Christian communion for opinions not contained in the express words of Scripture. Now this separation may be made in a twofold manner:
1. When the greater part, or by the magistrate's patronage the stronger part, of the Church separates itself from others by excluding them out of her communion because they will not profess their belief of certain opinions which are not the express words of the Scripture. For it is not the paucity of those that are separated, nor the authority of the magistrate, that can make any man guilty of heresy, but he only is a heretic who divides the Church into parts, introduces names and marks of distinction, and voluntarily makes a separation because of such opinions.
2. When any one separates himself from the communion of a Church because that Church does not publicly profess some certain opinions which the Holy Scriptures do not expressly teach.
Both these are heretics because they err in fundamentals, and they err obstinately against knowledge; for when they have determined the Holy Scriptures to be the only foundation of faith, they nevertheless lay down certain propositions as fundamental which are not in the Scripture, and because others will not acknowledge these additional opinions of theirs, nor build upon them as if they were necessary and fundamental, they therefore make a separation in the Church, either by withdrawing themselves from others, or expelling the others from them. Nor does it signify anything for them to say that their confessions and symbols are agreeable to Scripture and to the analogy of faith; for if they be conceived in the express words of Scripture, there can be no question about them, because those things are acknowledged by all Christians to be of divine inspiration and therefore fundamental. But if they say that the articles which they require to be professed are consequences deduced from the Scripture, it is undoubtedly well done of them who believe and profess such things as seem unto them so agreeable to the rule of faith. But it would be very ill done to obtrude those things upon others unto whom they do not seem to be the indubitable doctrines of the Scripture; and to make a separation for such things as these, which neither are nor can be fundamental, is to become heretics; for I do not think there is any man arrived to that degree of madness as that he dare give out his consequences and interpretations of Scripture as divine inspirations and compare the articles of faith that he has framed according to his own fancy with the authority of Scripture. I know there are some propositions so evidently agreeable to Scripture that nobody can deny them to be drawn from thence, but about those, therefore, there can be no difference. This only I say — that however clearly we may think this or the other doctrine to be deduced from Scripture, we ought not therefore to impose it upon others as a necessary article of faith because we believe it to be agreeable to the rule of faith, unless we would be content also that other doctrines should be imposed upon us in the same manner, and that we should be compelled to receive and profess all the different and contradictory opinions of Lutherans, Calvinists, Remonstrants, Anabaptists, and other sects which the contrivers of symbols, systems, and confessions are accustomed to deliver to their followers as genuine and necessary deductions from the Holy Scripture. I cannot but wonder at the extravagant arrogance of those men who think that they themselves can explain things necessary to salvation more clearly than the Holy Ghost, the eternal and infinite wisdom of God.
Thus much concerning heresy, which word in common use is applied only to the doctrinal part of religion. Let us now consider schism, which is a crime near akin to it; for both these words seem unto me to signify an ill-grounded separation in ecclesiastical communion made about things not necessary. But since use, which is the supreme law in matter of language, has determined that heresy relates to errors in faith, and schism to those in worship or discipline, we must consider them under that distinction.
Schism, then, for the same reasons that have already been alleged, is nothing else but a separation made in the communion of the Church upon account of something in divine worship or ecclesiastical discipline that is not any necessary part of it. Now, nothing in worship or discipline can be necessary to Christian communion but what Christ our legislator, or the Apostles by inspiration of the Holy Spirit, have commanded in express words.
In a word, he that denies not anything that the Holy Scriptures teach in express words, nor makes a separation upon occasion of anything that is not manifestly contained in the sacred text — however he may be nicknamed by any sect of Christians and declared by some or all of them to be utterly void of true Christianity — yet in deed and in truth this man cannot be either a heretic or schismatic.
These things might have been explained more largely and more advantageously, but it is enough to have hinted at them thus briefly to a person of your parts.
1. Luke 22. 25.
2. II Tim. 2. 19.
3. Luke 22. 32.
4. Rom. I.
5. Gal. 5.
6. Matt. 18. 20.
7. Exod. 22, 20, 21.
8. Deut. 2.
9. I Cor. 5. 12, 13.
John Locke, Second Treatise of Government
Used with the permission of the Online Library of Liberty
123. If man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom? Why will he give up this empire, and subject himself to the dominion and control of any other power? To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others. For all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very unsecure. This makes him willing to quit this condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties, and estates, which I call by the general name, property.
124. The great and chief end, therefore, of men's uniting into commonwealths, and putting themselves under government, is the preservation of their property. To which in the state of nature there are many things wanting.
Letter on Toleration
Used with the permission of the Online Library of Liberty
The commonwealth seems to me to be a society of men constituted only for the procuring, preserving, and advancing their own civil interests. Civil interest I call life, liberty, health, and indolency of body; and the possession of outward things, such as money, lands, houses, furniture, and the like. . .
Now that the whole jurisdiction of the magistrate reaches only to these civil concernments; and that all civil power, right, and dominion, is bounded and confined to the only care of promoting these things; and that it neither can nor ought in any manner to be extended to the salvation of souls; these following considerations seem unto me abundantly to demonstrate. First, Because the care of souls is not committed to the civil magistrate, any more than to other men. . . . 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 conveniencies 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 comforts and happiness of this life; leaving in the mean while 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 multitudes of citizens: the remedy of others in laws: and the care of all things relating both to the 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.
Montesquieu, The Spirit of the Laws
translated by Thomas L. Pangle
Bk. 3, chap. 1
The Greek political thinkers, who lived in governments of the people, recognized no other force which could sustain them except that of virtue. Today’s political thinkers speak to us solely of manufactures, of commerce, of finances, or riches, and even of luxury. When that virtue ceases, ambition enters the hearts of those who can receive it, and avarice enters the hearts of everyone.
Bk. 4, chap. 5
It is in republican government that one has need of the complete power of education. . . . the honor that animates monarchies is favored by the passions, and favors them in return; but political virtue is a self-renunciation, which is always something very unpleasant. One can define that virtue, as the love of the laws and the fatherland. This love, demanding a continual preference of the public interest to one’s own interest, gives all the individual virtues; they are nothing but that preference.
Bk. 4, chap. 6
The ancient Greeks, penetrated by the necessity that peoples who live under a government of the people were raised to virtue, made, in order to inspire it, singular institutions. . . . Lycurgus seemed to take away from the city all resources, all arts, commerce, money, walls; there one had ambition, without hope of bettering oneself; one had natural feelings, and one was neither child, nor husband, nor father: shame itself was taken away from chastity. . . .
It is extraordinary that what one sees in the institutions of Greece, we have seen in the dregs and the corruption of our modern times. An honest lawgiver has formed a people where probity would appear as natural as bravery among the Spartans. Mr. Penn is a true Lycurgus; and, although the first had peace for his object, as the other had war, they resemble one another in the singular path they put their people on, in the ascendancy they obtained over free men, in the prejudices that they vanquished, in the passions that they dominated. . . .
Those who would wish to make comparable institutions, would establish the community of property of the Republic of Plato, that respect that he demanded for the gods, that separation from strangers in order to preserve the morals, with the city carrying on the commerce, rather than the citizens; they would give our arts without our luxury, and our needs without our desires.
Bk. 11, chap. 4
Democracy and aristocracy are not free States by their nature. Political liberty is found only in moderate governments. . . . it an eternal experience that every person who has some power is carried away to the abuse of it; he goes on until he finds limits. Who would declare it! Virtue itself has need of limits.
Bk. 20, chap. 1
Commerce cures destructive prejudices; and this is almost a general rule—that wherever there are soft morals, there is commerce; and that wherever there is commerce, there are soft morals.
Let no one be astonished at all then if our morals are less ferocious than they were in earlier times. Commerce has made it so that the knowledge of the morals of all the nations has penetrated everywhere: they have been compared one with the other, and there has resulted great good.
One can say that the laws of commerce perfect the morals, for the very same reason that these same laws destroy the morals. Commerce corrupts pure morals: this was the subject of the complaints of Plato; commerce polishes and softens barbarian morals, as we are seeing everyday.
Blackstone, Commentaries on the Laws of England
Vol. 1, 123ff. (1753 ed.)
Used with the permission of the Online Library of Liberty
By the absolute rights of individuals, we mean those which are so in their primary and strictest sense; such as would belong to their persons merely in a state of nature, and which every man is entitled to enjoy, whether out of society or in it. But with regard to the absolute duties, which man is bound to perform considered as a mere individual, it is not to be expected that any human municipal law should at all explain or enforce them. For the end and intent of such laws being only to regulate the behaviour of mankind, as they are members of society, and stand in various relations to each other, they have consequently no concern with any other but social or relative duties. Let a man therefore be ever so abandoned in his principles, or vicious in his practice, provided he keeps his wickedness to himself, and does not offend against the rules of public decency, he is out of the reach of human laws.... But, with respect to rights, the case is different. Human laws define and enforce as well those rights which belong to a man considered as an individual, as those which belong to him considered as related to others.
Virginia Declaration of Rights (12 June 1776)
1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
6. That elections of members to serve as Representatives of the people, in Assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for publick uses without their own consent or that of their Representative so elected, nor bound by any law to which they have not, in like manner, assented, for the publick good.
15. That no free Government, or the blessing of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
16. That Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other.
Source: The Founders' Constitution
Pennsylvania Constitution of 1776, Declaration of Rights
I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.
XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.
Source: The Founders' Constitution
Massachusetts Constitution of 1780, Declaration of Rights
Art. I.--All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
II.--It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the SUPREME BEING, the great creator and preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.
III.--As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a community, but by the institution of the public worship of GOD, and of public instructions in piety, religion and morality: Therefore, to promote their happiness and to secure the good order and preservation of their government, the people of this Commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies-politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of GOD, and for the support and maintenance of public protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily. And the people of this Commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can conscientiously and conveniently attend.
XVIII.--A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government: The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: And they have a right to require of their law-givers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth.
Source: The Founders' Constitution
Virginia Ratifying convention, Proposed Amendments (27 June 1788)
That there be a declaration or bill of rights asserting, and securing from encroachment, the essential and unalienable rights of the people, in some such manner as the following:-- 1st. That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
Source: The Founders' Constitution
North Carolina Ratifying Convention, Proposed Declaration of Rights Amendments (1 Aug. 1788)
1. That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.
Source: The Founders' Constitution
The Bill of Rights
December 15, 1791
The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:
Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Source citation: www.billofrights.org