A third letter for toleration, to the author of the Third letter concerning toleration
Locke, John, 1632-1704., Proast, Jonas. Third letter concerning toleration.
Page  52

CHAP. II. Of the Magistrate's Commission to use Force in Matters of Religion.*

THough in the foregoing Chapter our examining your Do∣ctrine concerning the Magistrates who may or may not use Force in Matters of Religion, we have in several pla∣ces happened to take notice of the Commission whereby you au∣thorize Magistrates to act; yet we shall in this Chapter more particularly consider that Commission. You tell us, To use Force in Matters of Religion, is a Duty of the Magistrate as old as * the Law of Nature, in which the Magistrate's Commission lies: for the Scripture does not properly give it him, but supposes it. And more * at large you give us an account of the Magistrate's Commission in these Words: •…is true indeed, the Author and Finisher of our Faith has given the Magistrate no new Power or Commission: nor was there any need that he should, (if himself had any Temporal Power to give:) For he found him already, even by the Law of Nature, the Minister of God to the People for Good, and bearing the Sword not in vain, i. e. invested with coactive Power, and obliged to use it for all the good Purposes which it might serve, and for which it should be found needful; even for the restraining of false and corrupt Religion: as Job long before (perhaps before any part of the Scriptures were writ∣ten) acknowledged, when he said, that the worshipping the Sun or * the Moon, was an Iniquity to be punished by the Judg. But though our Saviour has given the Magistrates no new Power, yet be∣ing King of Kings, he expects and requires that they should submit themselves to his Sc•…pter, and use the Power which always belonged to them, for his Service, and for the advancing his spiritual Kingdom in the World. And even that Charity which our great Master so earnestly recommends, and so strictly requires of all his Disciples, as it obliges all Men to seck and promote the Good of others, as well as their own, especially their spiritual and eternal Good, by such Means as their several Places and Relations enable them to use; so does it especially oblige the Magistrate to do it as a Magistrate, i. e. by that Power which enables him to do it above the rate of other Men.

Page  53 So far therefore is the Christian Magistrate, when he gives his help∣ing-Hand to the furtherance of the Gospel, by laying convenient Pe∣nalties upon such as reject it, or any part of it, from using any other means for the Salvation of Mens Souls, than what the Author and Finisher of our Faith has directed, that he does no more than his Duty to God, to his Redeemer, and to his Subjects, requires of him.

Christ, you say, has given. no new Power or Commission to the Magistrate: and for this you give several Reasons. 1. There was no need that he should; yet it seems strange that the Christian Ma∣gistrates alone should have an exercise of coa•…ve Power in Mat∣ters of Religion, and yet our Saviour should say nothing of it, but leave them to that Commission which was common to them with all other Magistrates. The Christian Religion in cases of less moment is not wanting in its Rules; and I know not whe∣ther you will not charge the New Testament with a great De∣fect, if that Law alone which teaches the only true Religion, that Law which all Magistrates who are of the true Religion, re∣ceive and embrace, should say nothing at all of so necessary and important a Duty to those who alone are in a Capacity to dis∣charge it, but leave them only to that general Law of Nature, which others who are not qualified to use this Force, have in common with them.

This at least seems needful, if a new Commission does not, that the Christian Magistrates should have been instructed what Degree of Force they should use, and been limited to your mo∣derate Penalties; since for above these 1200 Years, though they have readily enough found out your Commission to use Force, they never found out your moderate use of it, which is that alone which you assure us is useful and necessary.

2. You say, If our Saviour had any Temporal Power to give; whereby you seem to give this as a reason why he gave not the Civil Magistrate Power to use Force in Matters of Religion, that he had it not to give. You tell us in the same Paragraph, that he is King of Kings; and he tells us himself, That all Power is gi∣ven * unto him in Heaven and in Earth: So that he could have gi∣ven what Power, to whom, and to what Purpose he had pleased: and concerning this there needs no if.

3. For he found him already by the Law of Nature invested with coactive Power, and obliged to use it for all the good Purposes which it might serve, and for which it should be found needful. He found Page  54 also Fathers, Husbands, Masters, invested with their distinct Powers by the same Law, and under the same Obligation; and yet he thought it needsul to prescribe to them in the use of those Powers: But there was no need he should do so to the Civil Magi∣strates in the use of their Power in Matters of Religion; because tho Fathers, Husbands, Masters, were liable to Excess in the use of theirs, ye•… Christian Magistrates were not, as appears by their having always kept to those moderate Measures, which you assure us to be the only necessary and useful.

And what at last is their Commission? Even that of Charity, which obliges all Men to seek and promote the Good of others, especi∣ally their spiritual and eternal Good, by such means as their several Places and Relations enable them to use, especially Magistrates as Ma∣gistrates. This Duty of Charity is well discharged by the Magi∣strate as Magistrate, is it not? in bringing Men to an outward Profession of any, even of the true Religion, and leaving them there? But, Sir, I ask you who must be Judg, what is for the spiritual and eternal Good of his Subjects, the Magistrate him∣self or no? If not he himself, who for him? Or can it be done without any one's judging at all? If he, the Magistrate, must judg every-where himself what is for the spiritual and eternal Good of his Subjects, as I see no help for it•… if the Magistrate be every-where by the Law of Nature obliged to promote their spiritual and eternal Good, is not the true Religion like to find great Ad∣vantage in the World by the use of Force in the Magistrates Hands? And is not this a plain demonstration that God has by the Law of Nature given Commission to the Magistrate to use Force for the promoting the true Religion, since (as it is evi∣dent) the execution of such a Commission will do so much more Harm than Good?

To shew that your indirect and at a distance Vsefulness, with a general necessity of Force, authorizes the Civil Power in the use of it, you use the following Words; That Force does some service * towards the making of Scholars and Artists, I suppose you will easily grant. Give me leave therefore to ask, how it does it? I suppose you will say, not by its direct and proper Efficacy, (for Force is no more capable to work Learning or Arts, than the belief of the true Religi∣on in Men by its direct and proper Efficacy;) but by prevailing upon those who are designed for Scholars or Artists, to receive Instruction, and to apply themselves to the use of those Means and Helps which are Page  55 proper to make them what they are designed to be: that is, it does it indirectly, and at a distance. Well then, if all the Vsefulness of the Force towards the bringing Scholars or Apprentices to the Learning or Skill they are designed to attain, be only an indirect and at a distance Usefulness; I pray what is it that warrants and authorizes School∣masters, Tutors or Masters, to use Force upon their Scholars or Ap∣prentices, to bring them to Learning, or the Skill of their Arts and Trades, if such an indirect and at a distance Usefulness of Force, together with that Necessity of it which Experience discovers, will not do it? I believe you will acknowledg that even such an Vsefulness, to∣gether with that Necessity, will serve the turn in these cases. But then I would fain know, why the same kind of Vsefulness, joined with the like Necessity, will not as well do it in the case before us? I confess I see no reason why it should not; nor do I believe you can assign any. You ask here, what authorizes Schoolmasters or Masters to use Force on their Scholars and Apprentices, if such an indirect and at a di∣stance Usefulness, together with Necessity, does not do it? I an∣swer, neither your indirect and at a distance Vsefulness, nor the Necessity you suppose of it. For I do not think you will say, that any Schoolmaster has a power to teach, much less to use Force on any one's Child, without the Consent and Authority of the Father: but a Father, you will say, has a power to use Force to correct his Child to bring him to Learning or Skill in that Trade he is designed to; and to this the Father is authorized by the Usefulness and Necessity of Force. This I deny, that the meer-supposed Usefulness and Necessity of Force authorizes the Father to use it; for then whenever he judg'd it useful and necessary for his Son, to prevail with him to apply himself to any Trade, he might use Force upon him to that purpose; which I think neither you nor any body else will say, a Father has a right to do on his idle and perhaps married Son at 30 or 40 Years old.

There is then something else in the case; and whatever it be that authorizes the Father to use Force upon his Child, to make him a Prosicient in it, authorizes him also to chuse that Trade, A•…t or Science he would have him a Proficient in: for the Father can no longer use Force upon his Son, to make him attain any Art or Trade, than he can pres•…ribe to him the Art or Trade he is to attain. Put your Parallel now if you please: The Fa∣ther by the Usefulness and N•…sity of Force is authorized to Page  56 use it upon his Child, to make him attain any Art or Science; therefore the Magistrate is authorized to use Force to bring Men to the true Religion, because it is useful and necessary. Thus far you have used it, and you think it does well. But let us go on with the Parallel: This Usefulness and Necessity of Force authorizes the Father to use it, to make his Son apply himself to the use of the Means and Helps which are proper to make him what he is designed to be, no longer than it authorizes the Fa∣ther to design what his Son shall be, and to chuse for him the Art or Trade he shall be of: and so the Usefulness and Necessi∣ty you suppose in Force to bring Men to any Church, cannot authorize the Magistrate to use Force any farther, than he has a right to chuse for any one what Church or Religion he shall be of. So that if you will stick to this Argument, and allow the Parallel between a Magistrate and a Father, and the right they have to use Force for the instructing of their Subjects in Religi∣on, and Children in Arts, you must either allow the Magistrate to have power to chuse what Religion his Subjects shall be of, which you have denied, or else that he has no power to use Force to make them use Means to be of it.

A Father being entrusted with the Care and Provision for his Child, is as well bound in Duty, as fitted by natural Love and Tenderness, to supply the Defects of his tender Age. When it is born, the Child cannot move it self for the ease and help of natural Necessities, the Parents Hands must supply that Inability, and feed, cleanse and swaddle it. Age having given more Strength, and the exercise of the Limbs, the Parents are discharged from the trouble of putting Meat into the Mouth of the Child, clothing or unclothing, or carrying him in their Arms. The same Duty and Affection which required such kind of Helps to the Infant, makes them extend their Thoughts to other Cares for him when he is grown a little bigger; 'tis not only a present Support, but a future comfortable Subsistence be∣gins to be thought on: to this some Art or Science is necessary, but the Child's Ignorance and want of Prospect makes him una∣ble to chuse. And hence the Father has a power to chuse for him, that the flexible and docile part of Life may not be squan∣dred away, and the time of Instruction and Improvement be lost for want of Direction. The Trade or Art being chosen by the Father, 'tis the Exercise and Industry of the Child must Page  57 acquire it to himself: but Industry usually wanting in Children, the Spur which Reason and Fore•…ght gives to the Endeavours of grown Men, the Father's Rod and Correction is fain to sup∣ply that Want, to make him apply himself to the use of those Means and Helps which are proper to make him what he is designed to be. But when the Child is once come to the State of Manhood, and to be the Possessor and free Disposer of his Goods and Estate, he is then discharged from this Discipline of his Parents, and they have no longer any right to chuse any Art, Science, or Course of Life for him, or by Force to make him apply himself to the use of those Means which are proper to make him be what he de∣signs to be. Thus the want of knowledg to chuse a sit Calling, and want of knowledg of the necessity of Pains and Industry to attain Skill in it, puts a Power into the Parents hands to use Force where it is necessary to procure the Application and Dili∣gence of their Children in that, which their Parents have thought fit to set them to; but it gives this Power to the Parents only, and to no other whilst they live; and if they die whilst their Children need it, to their Substitutes; and there it is safely pla∣ced: for since their want of Knowledg during their Non-age, makes them want Direction; and want of Reason often makes them need Punishment and Force to excite their Endeavours, and keep them intent to the use of those Means that lead to the End they are directed to, the Tenderness and Love of Parents will engage them to use it only for their Good, and generally to quit it too, when by the Title of Manhood they come to be a∣bove the Direction and Discipline of Children. But how does this prove that the Magistrate has any right to force Men to ap∣ply themselves to the use of those Means and Helps which are proper to make them of any Religion, more than it proves that the Magi∣strate has a right to chuse for them what Religion they shall be of?

To your Question therefore, What is it that warrants and au∣thorizes Schoolmasters, Tutors and Masters to use Force upon their Scholars or Apprentices? I answer, A Commission from the Fa∣ther or Mother, or those who supply their Places; for without that no indirect or at a distance Vsefulness, or supposed Necessity, could authorize them.

But then you will ask, Is it not this Vsefulness and Necessity that gives this Power to the Father and Mother? I grant it. I Page  58 would fain know then, say you, why the same Vsefulness joined wit•… the like Necessity, will as well do in the Case before us? And I, Sir, will as readily tell you: Because the Understanding of the Pa∣rents is to supply the want of it in the Minority of their Chil∣dren; and therefore they have a right not only to use Force to make their Children apply themselves to the means of acquiring any Art or Trade, but to chuse also the Trade or Calling they shall be of. But when being come out of the State of Minori∣ty, they are supposed of Years of Discretion to chuse what they will design themselves to be, they are also at liberty to judg what Application and Industry they will use for the attaining of it; and then how negligent soever they are in the use of the Means, how averse soever to Instruction or Application, they are past the Correction of a Schoolmaster, and their Parents can no longer chuse or design for them what they shall be, nor use Force to prevail with them to apply themselves to the use of those Means and Helps which are proper to make them what they are de∣signed to be. He that imagines a Father or Tutor may send his Son to School at thirty or forty Years old, and order him to be whipp'd there, or that any indirect and at a distance Usefulness will authorize him to be so used, will be thought fitter to be sent thither himself, and there to receive due Correction.

When you have consider'd 'tis otherwise in the case of the Magistrate using Force your way in Matters of Religion; that there his Understanding is not to supply the defect of Under∣standing in his Subjects, and that only for a time; that he can∣not chuse for any of his Subjects what Religion he shall be of, as you your self confess; and that this Power of the Magistrate, if it be (as is claimed by you) over Men of all Ages, Parts and Endowments, you will perhaps see some reason why it should not do in the Case before us, as well as in that of Schoolmasters and Tu∣tors, though you believe I cannot assign any. But, Sir, will your indirect and at a distance Vsefulness, together with your supposed Necessity, authorize the Master of the Shoe-makers Company to take any one who comes in his Hands, and punish him for not being of the Shoe-makers Company, and not coming to their Guild, when he, who has a right to chuse of what Trade and Company he will be, thinks it not his Interest to be a Shoe-ma∣ker? Nor can he or any body else imagine that this Force, this Punishment is used to make him a good Shoe-maker, when it is Page  59 seen and avowed that the Punishments cease, and they are free from it who enter themselves of the Company, whether they are really Shoe-makers, or in earnest apply themselves to be so or no. How much it differs from this, that the Magistrate should punish Men for not being of his Church, who chuse not to be of it, and when they are once entred into the Communion of it, are punished no more, though they are as ignorant, un∣skilful, and unpractised in the Religion of it as before: how much, I say, this differs from the Case I proposed, I leave you to consider. For after all your Pretences of using Force for the Salvation of Souls, and consequently to make Men really Christians, you are fain to allow, and you give Reasons for it, that Force is used only to those who are out of your Church: but whoever are once in it, are free from Force, whether they be really Christians, and apply themselves to those things which are for the Salvation of their Souls, or no.

As to what you say, That whether they chuse it or no, they ought to chuse it; for your Magistrate's Religion is the true Re∣ligion, that is the Question between you and them: but be that as it will, if Force be to be used in the case, I have proved that be the Magistrate's Religion true or false, he, whilst he believes it to be true, is under an obligation to use Force, as if it were true.

But since you think your Instance of Children so weighty and pressing, give me leave to return you your Question: I ask you then, Are not Parents as much authorized to teach their Children their Religion, as they are to teach them their Trade, when they have designed them to it? May they not as lawfully correct them to make them learn their Catechise, or the Principles of their Religion, as they may to make them learn Clenard's Gram∣mar? Or may they not use Force to make them go to Mass, or whatever they believe to be the Worship of the true Religion, as to go to School, or to learn any Art or Trade? If they may, as I think you will not deny, unless you will say, that none but Orthodox Parents may teach their Children any Religion: If they may, I say then, pray tell me a Reason (if your Argumen•… from the Discipline of Children be good) why the Magistrate may not use Force to bring Men to his Religion, as well as Pa∣rents may use Force to instruct Children, and bring them up in theirs? When you have considered this, you will perhaps find Page  60 some difference between the State of Children and grown Men, betwixt those under Tutelage, and those who are free and at their own disposal; and be inclined to think that those Reasons which subject Children in their Non-age to the use of Force, may not, nor do concern Men at Years of Discretion.

You tell us farther, That Commonwealths are instituted for the * attaining of all the Benefits which Political Government can yield: and therefore if the spiritual and eternal Interests of Men may any way be procured or advanced by Political Government, the procuring and advancing those Interests must in all reason be received amongst the Ends of Civil Society, and so consequently fall within the compass of the Magistrate's Jurisdiction. Concerning the extent of the Magistrate's Jurisdiction, and the Ends of Civil Society, whe∣ther the Author or you have begg'd the Question, which is the chief business of your 56th, and two or three following Pages, I shall leave it to the Readers to judg, and bring the matter, if you please, to a shorter I•…ue. The Question is, Whether the Magistrate has any Power to interpose Force in Matters of Reli∣gion, or for the Salvation of Souls? The Argument against it is, That Civil Societies are not constituted for that End, and the Magistrate cannot use Force for Ends for which the Common∣wealth was not constituted.

The End of a Commonwealth constituted can be supposed no other, than what Men in the Constitution of, and entring into it propos'd; and that could be nothing but Protection from such Injuries from other Men, which they desiring to avoid, nothing but Force could prevent or remedy: all things but this being as well attainable by Men living in Neighbourhood without the Bonds of a Commonwealth, they could propose to themselves no other thing but this in quitting their Natural Liberty, and putting themselves under the Umpirage of a Civil Soveraign, who therefore had the Force of all the Members of the Com∣monwealth put into his Hands, to make his Decrees to this end be obeyed. Now since no Man, or Society of Men can by their Opinions in Religion, or Ways of Worship, do any Man who differed from them any Injury, which he could not avoid or re∣dress, if he desired it, without the help of Force; the punish∣ing any Opinion in Religion, or Ways of Worship by the Force given the Magistrate, could not be intended by those who con∣stituted, or entred into the Commonwealth, and so could be Page  61 no End of it, but quite the contrary. For Force from a strong∣er Hand to bring a Man to a Religion, which another thinks the true, being an Injury which in the State of Nature every one would avoid, Protection from such Injury is one of the Ends of a Commonwealth, and so every Man has a right to Tolera∣tion.

If you will say, that Commonwealths are not voluntary Soci∣eties constituted by Men, and by Men freely entred into, I shall desire you to prove it.

In the mean time allowing it you for good, that Common∣wealths are constituted by God for Ends which he has appoint∣ed, without the consent and contrivance of Men. If you say, that one of those Ends is the Propagation of the true Religion, and the Salvation of Mens Souls; I shall desire you to shew me any such End expresly appointed by God in Revelation; which since, as you confess, you cannot do, you have recourse to the general Law of Nature, and what is that? The Law of Rea∣son, whereby every one is commissioned to do Good. And the propagating the true Religion for the Salvation of Mens Souls, being doing Good, you say, the Civil Soveraigns are commissi∣oned and required by that Law to use their Force for those Ends. But since by this Law all Civil Soveraigns are commissioned and obliged alike to use their co•…ive Power for the propagating the true Religion, and the Salvation of Souls; and it is not possible for them to execute such a Commission, or obey that Law, but by using Force to bring Men to that Religion which they judg the true; by which use of Force much more Harm than Good would be done towards the propagating the true Religion in the World, as I have shewed elsewhere: therefore no such Com∣mission, whose Execution would do more Harm than Good, more hinder than promote the End for which it is supposed gi∣ven, can be a Commission from God by the Law of Nature. And this I suppose may satisfy you about the End of Civil Soci∣eties or Commonwealths, and answer what you say concerning the Ends attainable by them.

But that you may not think the great Position of yours, which is so often usher'd in with doubtless, (for which you imagine you have sufficient Warrant in a misapplied School-Maxim) is past over too slightly, and is not sufficiently answered; I shall give you that farther Satisfaction.

Page  62 You say, Civil Societies are instituted for the attaining all the Benefits which Civil Society or Political Government can yield; and * the Reason you give for it, because it has hitherto been universally acknowledged that no Power is given in vain: and therefore if I ex∣cept any of those Benefits, I shall be obliged to admit that the Power of attaining them was given in vain. And if I do ad∣mit it, no harm will follow in humane Affairs: or if I may bor∣row an elegant Expression of yours out of the foregoing Leaf, The Fortune of Europe does not turn upon it. In the voluntary Institution and bestowing of Power, there is no Absurdity or Inconvenience at all, that Power, sufficient for several Ends, should be limited by those that give the Power only to one or some part of them. The Power which a General, command∣ing a potent Army, has, may be enough to take more Towns than one from the Enemy; or to suppress a domestick Sedition, and yet the Power of attaining those Benefits, which is in his Hand, will not authorize him to imploy the Force of the Army therein, if he be commission'd only to besiege and take one certain Place. So it is in a Commonwealth. The Power that is in the Civil Soveraign is the Force of all the Subjects of the Commonwealth, which supposing it sufficient for other Ends, then the preserving the Members of the Commonwealth in Peace from Injury and Violence: yet if those who gave him that Power, limited the Application of it to that sole End, no Opinion of any other Benefits attainable by it can authorize him to use it otherwise.

Our Saviour tells us expresly, that all Power was given him in * Heaven and Earth. By which Power I imagine you will not say, that the spiritual and eternal Interest of those Men whom you think need the Help of Political Force, and of all other Men too, could not any way be procured or advanced; and yet if you will hear him in another Place, you will find this Power (which being all Power, could certainly have wrought on all Men) li∣mited to a certain number: He says, Thou hast given him [i. e. * thy Son] Power over all Flesh, that he should give eternal Life to as many as thou hast given him. Whether your universally acknow∣ledged Maxim of Logick be true enough to authorize you to say, that any part of this Power was given him in vain, and to inable you to draw Consequences from it, you were best see.

Page  63 But were your Maxim so true that it proved, that si•…ce it might indirectly and at a Distance do some Service towards the procuring or advancing the spiritual Interest of some few Subjects of a Commonwealth, therefore Force was to be imployed to that End; yet that will searce make good this Doctrine of yours; * Doubtless Commonwealths are instituted for the attaining all those Benefits which Political Government can yield; therefore if the spi∣ritual and eternal Interests of Men may any way be procured or ad∣vanced by Political Government, the procuring and advancing those Interests must in all Reason be reckoned among the Ends of Civil Socie∣ties, and so consequently fall within the Compass of the Magistrate's Jurisdiction. For granting it true that Commonwealths are insti∣tuted for the attaining all those Benefits which Political Government can yield, it does not follow that the procuring and advancing the spiritual and eternal Interest of some few Members of the Com∣monwealth by an Application of Power, which indirectly and at a Distance, or by Accident may do some Service that way, whilst at the same time it prejudices a far greater Number in their Civil Interests, can with Reason be reckon'd amongst the Ends of Civil Society.

That Commonwealths are instituted for these Ends, viz. for the procuring, preserving and advancing Mens Civil Interests, you say, No Man will deny. To sacrifice therefore these Civil Interests of * a great Number of People, which are the allowed Ends of the Commonwealths, to the uncertain Expectation of some Service to be done indirectly and at Distance to a far less Number, as Ex∣perience has always shewed those really converted to the true Religion by Force to be, if any at all cannot be one of the Ends of the Commonwealth. Though the advancing of the spi∣ritual and eternal Interest be of insinite Advantage to the Persons who receive that Benefit, yet if it can be thought a Benefit to the Commonwealth when it is procured them with the diminish∣ing or destroying the Civil Interests of great Numbers of their Fellow-Citizens, then the ravaging of an Enemy, the Plague, or a Famine may be said to bring a Benefit to the Common∣wealth: for either of these may indirectly and at a Distance do some Service towards the advancing or procuring the spiritual and eternal Interest of some of those who suffer in it.

In the two latter Paragraphs, you except against my want of * Exactness in setting down your Opinion I am arguing against. Page  64 Had it been any way to take off the Force of what you say, or that the Reader could have been misled by my Words in any part of the Question I was arguing against, you had h•…d Rea∣son to complain: if not, you had done better to ha•…e enter∣tained the Reader with a clearer Answer to my Argument, than spent your Ink and his Time needlesly, to shew such Nice∣ness.

My Argument is as good against your Tenet in your own Words, as in mine, which you except against: your Words are, Doubtless Commonwealths are instituted for the attaining all the * Benefits which Political Government can yield; and therefore if the spiritual and eternal Interest of Men may any way be procured 〈◊〉 ad∣vanced by Political Government, the procuring and advancing those Interests, must in all Reason be reckon'd amongst the Ends of Civil Societies.

To which I answer'd, That if this be so,

Then this Position * must be true, viz. That all Societies whatsoever are instituted for the attaining all the Benefits that they may any way yield; there being nothing peculiar to Civil Society in the case, why that Society should be instituted for the attaining all the Benefits it can any way yield, and other Societies not. By which Argument it will fol∣low, that all Societies are instituted for one and the same End, i. e. for the attaining all the Benefits that they can any way yield. By which Account there will be no Difference between Church and State, a Commonwealth and an Army, or between a •…amily and the East-India Company; all which have hitherto been thought distinct sorts of Societies, instituted •…or different Ends. If your Hypothesis hold good, o•…e of the Ends of the Family must be to preach the Gospel, and administer the Sacraments; and one Business of an Army to teach Languages, and propagate Religion; because these are Benefits some way or other attaina∣ble by those Societies; unless you take want of Commission and Authority to be a sufficient imp•…diment: And that will be so in other Cases.
To which you reply, Nor will it follow from hence * that all Societies are instituted for one and the same End, (as you ima∣gine it will) unless you suppose all Soci•…s inab•…d by the Power they are indued with to attain the same •…nd, which I believe no Man hi∣therto did ever affirm. And therefore notwithstanding this Position, the•…e may be still as great a Difference as you please between Church an•… State, a Commonwealth and an Army, or between a Family and Page  65 the East-India-Company. Which •…veral Societies, as they are insti∣tuted for different Ends, so are th•…y likewise furnished with d•…fferent Powers proportionate to their respective Ends. In which the R•…ason you give to destroy my Inference, I am to thank you for, if you understood the Force of it, it being the very same I bring to shew that my Inference from your way of arguing is good. I say, that from your way of reasonings about the Ends of Go∣vernment, `It would follow that all Societies were instituted for one and the same End; unless you take want of Com∣mission ` and Authority to be a sufficient Imp•…diment. And you tell me here it will not follow, unless I suppose all Societies enabled by the Powers they are indued with, to attain the same End; which in other Words is, unless I suppose all who have in their Hands the Force of any Society, to have all of them the same Com∣mission.

The natural Force of all the Members of any Society, or of those who by the Society can be procured to assist it, is in one Sense called the Power of that Society. This Power or Force is generally put into some one or few Persons Hands with Di∣rection and Authority how to use it, and this in another Sense is called also the Power of the Society: And this is the Power you here speak of, and in these following Words, viz. Several Soci∣eties as they are instituted for different Ends; so likewise are they furnished with different Powers proportionate to their respective Ends. The Power therefore of any Society in this Sense, is nothing but the Authority and Direction given to those that have the Management of the Force or natural Power of the Society, how and to what Ends to use it, by which Commission the Ends of Societies are known and distinguished: so that all Socie∣ties wherein those who are intrusted with the Management of the Force or natural Power of the Society, have Commission and Authority to use the Force or natural Power of the Society to attain the same Benefits, are instituted for the same End. And therefore if in all Societies those who have the Manage∣ment of the Force or natural Power of the Society, are com∣mission'd or authorized to use that Force to attain all the Bene∣fits attainable by it, all Societies are instituted to the same End: And so what I said will still be true, viz. `That a Family and * an Army, a Commonwealth and a Church, have all the same End. And if your Hypothesis hold good, one of the Ends of Page  66 a Family must be to preach the Gospel, and administer the Sa∣craments; and one Business of an Army to teach Languages, and propagate Religion because these are Benefits some way or other attainable by those Societies; unless you take want of Commission and Authority to be a sufficient Impediment: And ` that will be so too in other Cases. To which you have said nothing but what does confirm it, which you will a little bet∣ter see, when you have considered that any Benefit attainable by Force or natural Power of a Society, does not pro•…e the So∣ciety to be instituted for that End, till you also shew, that those to whom the Management of the Force of the Society is in∣trusted, are comm•…ion to use it to that End.

And therefore to your next Paragraph, I shall think it Answer * enough to print here Side by Side with it, that Paragraph of mine to which you intended it as an Answer.

L. 2. p. 51. Tis a Benefit to have true Knowledg and Philosophy imbraced and as∣sented to, in any Ci•…il So∣ciety or Government. But will you say therefore, that it is a Benefit to the Socie∣ty, or one of the Ends of Go∣vernment, that all who are not 〈◊〉 should be punish∣ed, to make Men find out the Truth, and pro•…s it? This indeed might be thought a sit way to make some Men im∣brace the Peripatetick Philoso∣phy, but not a proper way to find the Truth. For, perhaps the Peripatetick Philosophy may not be true; perh•…ps a great many have not time, nor Parts to study it; perhaps a great many who have studied it, cannot be con•…inced of the Truth of it: And therefore Page  67 it cannot be a Benefit to the Commonwealth, nor one of the Ends of it, that these Members of the Society should be di∣sturb'd, and diseas'd to no pur∣pose, when they are guilty of no Fault. For just the same Reason, it cannot be a Bene∣fit to Civil Society, that Men should be punished in Denmark for not being Lutherans; in Geneva for not being Calvinists; and in Vienna for not being Pa∣pists; as a means to make them find out the true Religion. For so, upon your Grounds, Men must be treated in those Places, as well as in England for not being of the Church of Eng∣land. And then, I beseech you, consider the great Bene∣fit will accrue to Men in Socie∣ty by this Method; and I sup∣pose it will be a hard thing for you to prove, That ever Ci∣vil Governments were insti∣tuted to punish Men for not being of this or that Sect in Religion; however by Acci∣dent, indirectly, and at a di∣stance, it may be an occasion to one perhaps of a thousand, or an hundred, to •…udy that Con∣troversy, which is all you ex∣pect from it. If it be a 〈◊〉, pray tell me what Benefit it is. A Civil Benefit it cannot be. For Mens Civil Interests are disturb'd, injur'd, and im∣pair'd by it. And what Spiri∣tual Page  68 Benefit that can be to any Multitude of Men, to be pu∣nished for Dissenting from a false or erroneous Profession, I would have you find out: un∣less it be a Spiritual Benefit to be in danger to be driven into a wrong way. For if in all differing Sects, one is in the wrong, 'tis a hundred to one but that from which any one Dissents, and is punished for Dissenting from, is the wrong.

L. 3. p. 58. To your next Pa∣ragraph, after what has already been said, I think it may •…ffice to say as follows. Though perhaps the Perip•…tetick •…hilosophy may not be true, (and perhaps it is no great mat∣ter, if it be not) yet the true Religion is undoub•…dly true. And though perhaps a great many have not time, nor Parts to study that Philosophy, (and perhaps it may be no great matter neither, if they have not) yet all that have the true Religion duly tender'd them, have time, and all, but Idi∣ots and Mad-men, have Parts likewise to study it, as much as it is necessary for them to study it. And though perhaps a great many who have studied that Philosophy, cannot be con∣vinced of the Truth of it,Page  67 (which perhaps is no great Wonder) yet no Man •…ver studied the true Religion with such Care and Diligence as he might and ought to use, and with an honest Mind, but he was convinced of the Truth of it. And that those who cannot otherwise be brought to do this, should be a little disturb'd and diseas'd to bring them to it, I take to be the Interest, not only of those particular Persons who by this means may be brought into the way of Salvation, but of the Commonwealth likewise, up∣on these two Accounts.

1. Because the true Religion, which this Method propagates, makes good Men; and good Men are always the best Subjects, or Members of a Common∣wealth; not only as they do more sincerely and zealously promote the Publick Good, than other Men; but likewise in regard of the Favour of God, which they often procure to the Societies of which they are Members. And,

2. Because this Care in a∣ny comm•…ealth, of God's Honour and Mens Salvation, entitles 〈◊〉 〈◊〉 his special Pro∣tection and Blessing. So that where this Method is used, it proves both a SpiritualPage  68 and a Civil Benefit to the Com∣monwealth.

You tell us, the true Religion is undoubtedly true. If you had told us too, who is undoubtedly Judg of it, you had put all past doubt: but till you will be pleased to determine that, it will be undoubtedly true, that the King of Denmark is as un∣doubtedly Judg of it at Copenhagen, and the Emperor at Vienna, as the King of England in this Island: I do not say they judg as right, but they are by as much Right Judges, and therefore have as much Right to punish those who dissent from Luthera∣nism and Popery in those Countries, as any other Civil Magi∣strate has to punish any Dissenters from the National Religion any where else. And who can deny but these Briars and Thorns laid in their way by the Penal Laws of those Countries, may do some Service indirectly and at a Distance, to bring Men there severely and impartially to examine Matters of Religion, and so to imbrace the Truth that must save them, which the bare outward Profession of any Religion in the World will not do?

This true Religion which is undoubtedly true, you tell us too, never any body studied with such Care and Diligence as he might and ought to use, and with an honest Mind, but he was convinced of the Truth of it.

If you will resolve it in your short circular way, and tell me such Diligence as one ought to use, is such Diligence as brings one to be convinced, it is a Question too easy to be asked. If I should desire to know plainly what is to be understood by it, it would be a Question too hard for you to answer, and therefore I shall not trouble you with demanding what this Diligence which a Man may and ought to use, is; nor what you mean by an honest Mind. I only ask you, whether Force, your way applied, be able to produce them? that so the Commonwealth may have the Benefits you propose from Mens being convinced of, and con∣sequently imbracing the true Religion, which you say no Body Page  69 can miss, who is brought to that Diligence, and that honest Mind.

The Benefits to the Commonwealth are, 1. That the true Reli∣gion that this Method propagates, makes good Men, and good Men are always the best Subjects, and often procure the Favour of God to the Soci∣ety they are Members of. Being forward enough to grant that no∣thing contributes so much to the Benefit of a Society, as that it be made up of good Men, I began presently to give into your Me∣thod, which promises so sure a way to make Men so study the true Religion, that they cannot miss the being convinced of the Truth of it, and so hardly avoid being really of the true Reli∣gion, and consequently good Men. But that I might not mis∣take in a thing of that consequence, I began to look about in those Countries where Force had been made use of to propagate what you allowed to be the true Religion, and found Complaints of as great a Scarcity of good Men there, as in other places. A Friend whom I discoursed on this Point, said, It might possi∣bly be that the World had not yet had the benefit of your Me∣thod: because Law-makers had not yet been able to find that just Temper of Penalties on which your Propagation of the true Religion was built; and that therefore it was great pity you had not yet discovered this great Secret, but 'twas to be hoped you would. Another, who stood by, said, he did not see how your Method could make Men it wrought on, and brought to Conformity, better than others, unless corrupt Nature with Impunity were like to produce better Men in one outward Pro∣fession than in another. To which I replied, That we did not look on Conformists through a due Medium; for if we did with you allow it presumable that all who consormed did it upon Con∣viction, there could be no just Complaint of the Scarcity of good Men: And so we got over that Difficulty.

The second Benefit you say your use of Force brings to the Commonwealth, is, That this Care in any Commonwealth of God's Honour and Mens Salvation, entitles it to his special Protection and Blessing. Then certainly all Commonwealths that have any regard to the Protection and Blessing of God, will not neglect to intitle themselves to it, by using of Force to promote that Religion they believe to be true. But I beseech you what Care is this of the Honour of God, and Mens Salvation, you speak of? Is it, as you have owned it, a Care by Penalties to make Men outwardly Page  70 conform, and without any farther Care or Inquiry to presume that they do it upon Conviction, and with a sincere imbracing of, and Obedience to the Truth? But if the Honour of God and Mens Salvation, consists not in an outward Conformity to any Religion, but in something farther, what Blessing they may ex∣pect whose Care goes so far, and then presume the rest, which is the hardest part, and the•…efore least to be presumed, the Prophe•… Jeremy will tell you, who says, Cursed be he that does the Work of * the Lord negligently: which those who think it is the Magistrate's business to use Force to bring Men heartily to imbrace the Truth that must save them, were best seriously to consider.

Your next Paragraph containing nothing but Positions of * yours, which you suppose elsewhere proved, and I elsewhere examined, 'tis not fit the Reader should be troubled any farther about them.

I once knew a Gentleman, who having crak'd himself with an ungovernable Ambition, could never afterwards hear the Place he aimed at mentioned, without shewing marks of his Distemper. I know not what the matter is, that when there comes in your way but the mention of Secular Power in your or Ecclesiasticks Hands, you cannot contain your self: We have Instances of it in other parts of your Letter; and here again you fall into a Fit, which since it produces rather marks of your * Breeding, than Arguments for your Canse, I shall leave them as they are to the Reader, if you can make them go down with him for Reasons from a grave Man, or for a sober Answer to what I say in that and the following Paragraph.

Much-what of the same size is your ingenious Reply to what * I say in the next Paragraph, viz.

That Commonwealths, or Civil Societies and Governments, if you will believe the Judiciou•… Mr. Hooker, are, as St. Peter calls them, 〈 in non-Latin alphabet 〉*the Contrivance and Institution of Man.
To which you smartly reply, for your Choler was up, `•…is well for St. Peter that he had the Judicious Mr. Hooker on his side. And it would have been well for you too to have seen that Mr. Hooker's Authority was made use of not to confirm the Authority of St. Peter, but to confirm that Sense I gave of St. Peter's Words, which is not so clear in our Translation, but that there are those who, as I doubt not but you know, do not allow of it. But this being said when Passion it seems rather imployed your •…it than your Page  71 Judgment, though nothing to the purpose, may yet perhaps in∣directly and at a distance do some service.

And now, Sir, if you can but imagine that Men in the cor∣rupt State of Nature might be authorized and required by Rea∣son, the Law of Nature, to avoid the Inconveniences of that State, and to that purpose to put the Power of governing them into some one or more Mens Hands, in such Forms, and under such Agreements as they should think sit: which Governours so set over them for a good End by their own choice, though they received all their Power from those, who by the Law of Nature had a Power to confer it on them, may very •…tly be called Pow∣ers ordained of God, being chosen and 〈◊〉 by those who had Authority from God so to do. For he that recei•…es Com∣mission (limited according to the 〈◊〉 of him that gives it) from another who had Authority from his Prince so to do, may truly be said, so far as his Commission reaches, to be ap∣pointed or ordained by the Prince himself. Which may serve as an Answer to your two next Paragrap•…, •…nd to shew that there is no Opposition or Difficulty in all 〈◊〉 St. Peter, St. Paul, or the Judicious Mr. Hooker says; nor any thing, in what either of them says, to your purpose. And tho it be true, those Powers that are, are ordained of God; yet it may nevertheless be true, that the Power any one has, and the Ends for which he has it, may be by the Contrivance and Appointment of Men.

To my saying,

The Ends of Commonwealths appointed by the Institutors of them, could not be their spiritual and eter∣nal Interest, because they could not stipulate about those one with another, nor submit this Interest to the Power of the So∣ciety, or any Soveraign they should set over them.
You reply, Very true, Sir; but they can submit to be punished in their Temporal * Interest, if they de•…ise or neglect those greater Interests. How they can submit to be punished by any Men in their Temporal Inte∣rest, for that which they cannot submit to be judg'd by any Man, when you can shew, I shall admire your Politicks. Be∣sides, if the Compact about Matters of Religion be, that those should be punished in their Temporal, who neglect or despise their Eternal Interest, who I beseech you is by this Agreement rather to be punished, a sober Dissenter, who appears concerned for Religion and his Salvation, or an irreligious prophane or de∣bauched Conformist? By such as despise or neglect those gr•…ate Page  72 Interests, you here mean only Dissenters from the National Reli∣gion: for those only you punish, though you represent them un∣der such a Description as belongs not peculiarly to them; but that matter•… not, so long as it best sutes your Occasion.

In your next Paragraph you wonder at my News from the West-Indies, I suppose because you sound it not in your Books of Europe or Asia. But whatever you may think, I assure you all the World is not •…ile End. But that you may be no more sur∣prized with News, let me ask you, Whether it be not possible that Men, to whom the Rivers and Woods a•…orded the sponta∣neous Provisions of Life, and so with no private possessions of Land, had no inlarged Desires after R•…hes or Power, should live together in Society, make on•… Peo•…e of one Language un∣der one Chieftain, who shall have no oth•… Power but to com∣mand them in time of War agai•…t 〈◊〉 〈◊〉 Enemies, without any municipal Laws, Judges, 〈◊〉 •…ny •…rson with Supe∣riority establish•…d amongst them, but 〈◊〉 all their private Differences, if any a•…ose, by the extempory Determination of their Neighbours, or of Arbitrators 〈◊〉 by the Partie•…. I ask you whether in such a Commonwealth, the Chiestain who was the only Man of Authority amongst them, had any Power to use the Force of the Commonwealth to any other End but the Defence of it against an Enemy, though other Benefits were attainable by it?

The Paragraph of mine to which you mean your next for an Answer, shall answer for it self.

L. 2. p. 56. You quote the Author's Ar∣gument, * which he brings to prove that the Care of Souls is not committed to the Ma∣gistrate, in these Words: It is not commit∣ted to him by God because it appears not God has ever given any such Authority to one Man over another, as to compel any one to his Religi∣on. This, when first I read it, I confess I thought a good Argument. But you say, this is quite besides the business; and the Rea∣son you give, is; For the Authority of the Magistrate is not an Authority to compel any one to his Religion, but only an Authority to procure Page  73 all his Subjects the means of discovering the way of Salvation, and to pr•…cure withal, as much as in him lies, that 〈◊〉•…emain ignorant of it, &c. I f•…r, Sir, you forget your self. The Author was not writing against your new Hypothesis, before it was known in the World. He may be excused, if he had not the Gift of Prophecy, to argue against a Notion which was not yet started. He had in view only the Laws hitherto made, and the Punishments (in Matters of Religion) in use in the World. The Penalties, as I take it, are laid on Men for being of different Ways of Religion: which, what is it other but to compel them to relinquish their own, and to conform themselves to that from which they differ? If this be not to compel them to the Magistrate's Religion, pray tell us what is? This must be necessarily so under∣stood; unless it can be supposed that the Law intends not to have that done, which with Penalties it commands to be done; or that Punishments are not Compulsion, not that Compulsion the Author complains of. The Law says, Do this, and live; em∣brace this Doctrine, conform to this way of Worship, and be at ease, and free; or else be fined, imprisoned, banished, burnt. If you can shew among the Laws that have been made in England concerning Religion, (and I think I may say any where else) any one that punishes Men for not having imparti∣ally examined the Religion they have embraced or refused, I think I may yield you the Cause. Law-makers have been generally wiser than to make Laws that could not be executed: and therefore their Laws were against Nonconformists, which could be known; and not for impartial Examination, which could not. 'Twas not then besides the Author's Business, to bring an Argument against the Persecutions here in fashion. He did not know that any one, who was so free as to acknowledg that the Magistrate has not an Authority to compel any one to his Religion, and thereby at once (as you have done) give up all the Laws now in force against Dissenters, had yet Rods in store Page  74 for them, and by a new Trick would bring them under the lash of the Law, when the old Pretences were too much explo∣ded to serve any longer. Have you never heard of such a thing as the Religion establish'd by Law? which is it seems the Lawful Religion of a Country, and to be complied with as such. There being such Things, such Notions yet in the World, it was not quite besides the Author's business to alledg, that God never gave such Authority to one Man over another, as to compel any one to his Religion. I will grant, if you please, Reli∣gion establish'd by Law is a pretty odd way of speaking in the Mouth of a Christian, (and yet it is much in fashion) as if the Magistrate's Authority could add any Force or Sanction to any Religion, whether true or false. I am glad to find you have so far considered the Magistrate's Authority, that you agree with the Author, that he hath none to compel Men to his Religion: Much less can he, by any Establishment of Law, add any thing to the Truth or Validity of his own, or any Religion whatsoever.

That above-annexed is all the Answer you think this Paragraph of mine deserves. But yet in that little you say, you must give me leave to take notice, that if, as you say, the Magistrate's Autho∣rity may do much towards the upholding and preserving the true Reli∣gion within his Jurisdiction; so also may it do much towards the upholding and preserving of a false Religion, and in that respect, if you say true, may be said to establish it. For I think I need not mind you here again, that it must unavoidably depend upon his Opinion, what shall be established for true, or rejected as false.

And thus you have my Thoughts concerning the most mate∣rial of what you say touching the Magistrate's Commission to use Force in Matters of Religion, together with some incident Pla∣ces in your Answer, which I have taken notice of as they have come in my way.