unless it be first proved from some other text or topick, that the civil magistrate’s power does extend to the making any religious or ecclesiastical establishment a rule binding to a Christian, which never can be done, the contrary thereof being already demonstrated), I say it appears from what the Apostle says in the 3d and 4th verses, that their power is a limited one: and therefore the obedience due is a limited obedience. Salus populi est lex suprema, is the Apostle’s maxim; for he is express that the end of all humane authority is the good of the publick. That therefore sets the bounds to civil authority, as such, on the one side, and fixes the bounds of obedience on the other. The ground of obedience cannot be extended beyond the ground of that authority to which obedience is required.
Besides, no obedience is here required to be given but to such power as is from GOD: Until therefore it be shown that the civil magistrate has power from GOD to make any such religious establishment (of which we are speaking) a rule binding to Christians; this text is in vain pressed into the service of such as plead for any obedience due to such an establishment. It must lie on them who plead this obedience is due from Christians, to prove that GOD has vested them with this power. To pretend this text for it, is begging the question, a taking the point for granted which must be first proved; which I scruple not to say will never be done ’till we have a new Bible. For by this which CHRIST has given us, he allows us not to be reduced under any yoke of bondage, or to become the servants of men, not only allows but requires us to stand fast in our Christian liberty, which subjects us in our faith and practice to CHRIST alone; and by that very thing exempts us from every other yoke, and from all other laws not given us by CHRIST. 1 Cor. 7. 23. Gal. 5. 1. CHRIST perfectly knew the weakness of humane nature, and how apt men are to assume power over one another, even in matters of a religious nature, and how unfit they are to have any dominion therein: He therefore charges and warns all his disciples and followers against this great and dangerous vice, which he knew would be very destructive to that religion which he taught in Mat. 23. 8, 9, 10. Be not ye called Rabbi; For one is your Master even CHRIST, and all ye are Brethren: And call no Man your Father upon Earth; for one is your Father which is in Heaven: Neither be ye called Masters; for one is your Master even CHRIST. Here all Christians are charg’d upon the duty and obedience they owe to CHRIST, that they should none of them set themselves up for authoritative masters, judges, or directors of men in religious matters (as the Pharisees did); and likewise that they should not submit to any who should set themselves up as such. CHRIST’S prohibition here is so strong, of this dangerous practice of setting up or admitting of any other rule or judge in religious matters besides the scripture, and of all attempts to strip Christians of the most valuable of all rights, even the right of judging for themselves in matters of religion (directly inconsistent with which, is the authority you have been now pleading for in the civil powers in the case we have been considering), that Christians here (I think) may safely take up their rest, and be resolved to give place by subjection, no, not for an hour to any humane authority on earth in any matters of religion, lest they cast dishonour on CHRIST their only lawgiver.
By what has been said you may see the falshood of another supposition or argument you bring to support the civil magistrate’s authority in the case before us, viz. That every law not contrary to a superior law, is to be obeyed; which you seem to take for an allowed maxim, and so think you may fairly conclude, that any legal injunctions of the civil magistrate in matters of religion which are not contrary to some express law of GOD; are to be obeyed. If that proposition be limited to those things which are the objects of the civil magistrate’s power, viz. the civil interests of the people; if it stands for a maxim it affects not the case before us at all. But if it be extended to things out or beyond the line of their power, as matters of religion are; it is then a falshood. In the latter extensive sense it seems you take it for a truth, or you would not argue from it as you do. The rule (then say you) to know whether a particular law is to be obeyed or not is to consider that law in relation to a superior law; and if it prohibits nothing which a superior law requires, or enjoins nothing which a superior law prohibits the doing of, then it is to be obeyed. This (I take it) is a principle invented for the support of tyranny, and industriously defended for the support of tyranny of the worst kind, i. e. spiritual: And if such as are so mean as to flatter civil rulers with notions of exorbitant power, and they only felt the effects thereof in fetters of slavery, the Christian church, and the world too, had been happier than now it is. Rulers have their infirmities as well as their subjects, and are too often carried away by the stream of temptation to play the tyrant: And still as heretofore, the world affords many in it that love to have it so, and too many assistants in forging the hateful chains of slavery and rivetting them on too if possible unseen, whilst they are industriously scattering false notions of power and obedience, such stupifying potions as this (you have now thrown in my way) that they may effectually lock up the senses of those whom they would enslave. But to return whence I have digressed. This pretended rule, as it holds not at all in matters of religion; so it does not hold true in all other cases, even in those that have no relation to the end of civil society, agreable to what has been already observed, page [61]. If civil rulers should take it into their heads to make a law, that no man shall have Luther’s Table-Talk in his house, that every man shall turn round upon his right heel at twelve of the clock every day (Sundays excepted), or any such like wise laws (thousands of which might be invented by a wise tyrant); By this rule these laws are to be strictly obeyed, a higher law to the contrary not being found. And yet I think it may be presumed, a free-born people can never become so servile as to regard them, while they have eyes to see that such rulers have gone out of the line of their power. There is no reason they should be fools because their rulers are so. Whenever the power that is put in any hands for the government of any people is applied to any other end than the preservation of their persons and properties, the securing and promoting their civil interests (the end for which power was put into their hands), I say when it is applied to any other end, then (according to the great Mr. Lock) it becomes tyranny. And since their power would be as truly applied to another end, in making such laws as I have above hinted at, as in making those that are notoriously unjust and oppressive (tho’ the latter is worse); then it as truly becomes tyranny. How long people are to bear with such tyranny, or what they may do to free themselves from it (I should refer you to that author in his Treatise of Government), were it at all needful to come into consideration in the present case, as it is not; since the only thing I had here to do, was to show obedience was not due to such laws, as I think I have done by shewing they had no rightful authority to make them.
Let me add a word farther for your serious consideration; do you think that when the edict went forth in Germany for the burning of all the above mention’d books of Martin Luther (when eighty thousand volumes of them were destroyed) did that good man, who hid one of them under the foundation of his house whereby it was perserved, sin in not delivering up the book? Or when the proclamation went forth in England in King Henry the Eight’s time, that Wickliff’s, Tindall’s, and many other books, should on certain penalties be deliver’d up to be burned; did those good people sin, who refus’d to deliver them up? By the rule you are pleading for, I see not but that you must charge sin upon them for not obeying; when yet I believe you cannot but in conscience acquit them; and if you do, it must then be upon the principles I have laid down.
But I will no longer dwell here, it being somewhat foreign to the point in hand. I proceed to consider this rule as it respects religious matters; to which it is so confidently applied by the lovers of spiritual tyranny. And here, if this be the rule, that we ought to obey human laws in religious matters in every instance where we can’t find a divine law enjoining what they forbid, or forbidding what they enjoin; then it is evident, religion is in danger of being made a very burdensome thing. To baptism you may add the sign of the cross, the salt, and cream, and spitting in the mouth, with a hundred other things, that a fruitful imagination could furnish out. The popish wardrobe will yield some furniture to dress up religion with. But the inventions of men may still go beyond. And if they do but take care not to enjoin any action or modality in religion not prohibited by some command in the Bible; by this rule Christians are bound to obey. It is a necessary consequence of this principle, that Christians are subjected to a heavier yoke than the Jews were under the Mosaick Dispensation. If you say, “not; because if the civil rulers should proceed so far (for I know not
