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CIHM/ICMH 
 
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 1980 
 
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 EELIGIOUSKt # 
 
 <T 
 
 ilfeEGISLATION : 
 
 Shall God or Civil Rulers Gozfern 
 the Conscience ? 
 
 fl LIVE ISSUE IN THE DOflllHlON OF CANADA, i 
 
 .>SBi^< 
 
 The Religious Liberty Proclamation of our 
 Royal Sovereign, 
 
 QUEEfl VICTOI^IA, 
 
 AND 
 
 Testimonials from National and State Constitutions 
 on the Rights of Conscience. 
 
 HY 
 
 JOHN T. COOKE. 
 
 -^-#-^-^■^-^-^^"{^-^-0 ^-^-^H^-^-^-©"^-^^-^-^--^ 
 
 
 - 
 
 { 
 
 
 tlevleui and Herald Pub. Co., 
 
 6a SI'ADINA AVENI.'E, TORONTO, 1>N 1 . 
 
 Canada Tract Society, 
 
 SOUTH STUKHLY, P.Q. 
 
 p. B. Grafton & Sons, 
 
 25a ST. jAMhS STKlikT, MONIREAI., 
 
 I. H. Cow IE, 
 
 MONCTON, N.B. 
 
 
:-RELIG10USvLECISLATI0N-J!' 
 
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 A striking feature of our times is the tendency towards 
 the union of Church and State. Persistent demands are 
 being made, asking legislative bodies to enact laws per- 
 taining to and regulating religious customs, observances 
 and institutions. In harmony with the spirit of this 
 movement, a bill entitled " An Act to secure the better 
 observance of the Lord's Day," was introduced in the 
 Dominion Parliament and read for the second time, 
 March 6, 1890. In this bill are prohibited all kinds of 
 work, except "household offices of daily necessity or 
 other works of necessity or charity," on pain of a fine 
 varying from one to fifty dollars, together with costs 
 attending the prosecution. In default of payment of the 
 same, the offender shall be committed to the common 
 gaol. Presently, some of our well-meaning citizens are 
 zealously engaged in gathering signatures to a petition, 
 praying that such a bill may become law. Doubtless 
 their purpose is to promote the interests of religion and 
 build up the kingdom of Christ. Although their motives 
 
 
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 > 5 3 
 

 RELIGIOUS LEGISLATION. $ 
 
 may be good, these men, advocating religiovis legislation, 
 and teaching the people to favor the same, must have 
 forgotten that this was not the power used by the Master 
 in establishing the truths of Christianity, They cannot 
 be aware of the evil consequences which have always 
 and necessarily attended the enforcing of religious prin- 
 ciples by the arm of the civil authority. The question 
 ii volved, is one of momentous importance. It is this : 
 Have human legislators the right to enter the domain of 
 conscience, and dictate to man his pei sonal duties to God ? 
 Does the regulation of religious observances fall within 
 the jurisdiction of civil governments? 
 
 Christ, in his answer to the Pharisees, who came to 
 him with an enquiry about paying tribute, draws a clear 
 line of distinction between civil and religious duties. 
 ** Show me the tribute money," said Christ, *' and they 
 brought unto him a penny. And he saith unto them, 
 Whose is this image and superscription ? They say unto 
 him, Caesar's. Then saith he unto them. Render there- 
 fore unto Caesar the things which are Caesar's, and unto 
 God the things that are God's." Matt. xxii. 19, 20, 21. 
 By Caesar, our Saviour meant the Roman government, 
 and, in applying the general principle here stated, Caesar 
 represents civil governments in general. It is evident, 
 therefore, from these words of Christ, that civil govern- 
 ment has claims upon us which we are bound to respect, 
 and also that there are matters which belong to God with 
 which Casar has nothing to do. They are to be rendered 
 to God and not to Caesar. In regard to the ** Act to 
 secure the better observance of the Lord's day," we 
 enquire : Whose image and superscription does it bear ? 
 They say unto us, God's ; for it is " the Lord's day " 
 that this proposed legislation peiptains to. We reply in 
 
4 RELIGIOUS LEGISLATION. 
 
 the language of Christ : " Render unto God the things 
 that are God's." According to Christ's teachings, civil 
 governments can have no more to do with enforcing the 
 observance of the Lord's day than of the Lord's Supper, 
 the Lord's prayer, or any other religious rite, ceremony 
 or observance. 
 
 The apostle Paul, in the thirteenth chapter of his 
 epistle to the Romans, gives us instruction in regard to our 
 duties to civil rulers. He clearly defines the attributes 
 of civil power, the limits of its jurisdiction, and enjoins 
 upon the subjects obedience to the same. " Let every 
 soul be subject unto the higher powers. For there is no 
 power but of God : the powers that be are ordained of 
 God." Verse i. "Whosoever therefore resisteth the 
 power, resisteth the ordinance of God." Verse 2. In 
 verses 6, 7 and 8 he enumerates some of the duties we 
 owe to the civil rulers. *' For, for this cause pay ye 
 tribute also ; for they are God's ministers, attending con- 
 tinually upon this very thing. Render therefore to all 
 their dues ; tribute to whom tribute is due ; custom to 
 whom custom ; fear to whom fear ; honor to whom honor. 
 Owe no man anything," etc. In verse 9 he quotes, from 
 the ten commandments, those precepts which relate only 
 to civil duties, making no reference to those relating to 
 our duties towards God. Then, in summing up, he adds, 
 '* If there be any other commandment, it is briefly 
 comprehended in this saying, namely, " Thou shalt love 
 thy neighbor as thyself." Therefore, if all our duties 
 towards the higher powers are contained in the above 
 statement — " Love thy neighbor as thyself," — it is evi- 
 dent that only man's relation to man or to the state, fall 
 within the jurisdiction of the civil power, and that 
 none of the duties of man to his Creator, such as are 
 
*^.' 
 
 '■-^^mHi'' 
 
 RELIGIOUS LEGISLATION. S 
 
 enjoined by the first four commandments of the moral 
 law, are to be enforced by Caesar or civil govern- 
 ments. That in matters of faith man is accountable 
 alone to God, is clearly shown by the apostle in the next 
 chapter. In dwelling upon religious observances he 
 says, *' Who art thou that judgest another man's servant ? 
 To his 07vn mastef he standeth or falleth." Verse 4. 
 ** So then every one of us shall give account of himself to 
 God.'' Verse 12. We find that Paul's manner of life 
 was in perfect harmony with his teachings, for, while he 
 enjoined and practised faithful obedience to the govern- 
 ments in regard to civil matters, he fearlessly disregarded 
 the authority of the same respecting religious laws. The 
 '' powers that be," of which he writes, was, in his day, 
 the Roman power, and among their laws we find the 
 following : 
 
 "Worship the gods in all respects according to the 
 laws of your country, and compel all others to do the 
 same. But hate and punish those who would introduce 
 anything whatever alien to our customs in this parti- 
 cular." ***♦•» Whoever introduces 
 new religions, the tendency and character of which are 
 unknown, whereby the minds of men may be disturbed, 
 shall, if belonging to the higher rank, be banished ; if to 
 the lower, punished with death." 
 
 Yet, in the face of such stringent religious enactments, 
 the great apostle went forth preaching Christ as a divine 
 being, and teaching the world to forsake the false gods 
 upheld by Roman laws, and worship the tru God, the 
 Creator of the heavens and the earth. Dragged before 
 the Roman tribunals, he is accused on every side. 
 "These," say the blind and enraged multitude, "that 
 "have turned the world upside dfown . . . . . do 
 
RELIGIOUS LEGISLATION. 
 
 contrary to the decrees of Csesar." Acts xvii. 6, 7. 
 " These men, being Jews, do exceedingly trouble our city ; 
 and teach customs which are not lawful for us to receive, 
 neither to observe, being Romans." Acts nvi. 20, 21. 
 We nex^ find him thrust into the inner prison and his feet 
 made fast in the stocks. But God, intervening, delivers 
 him by miraculous power. The foundations of the prison 
 are shaken, the doors swing open, and the apostle is 
 freed. Immediately, still wittiin the walls of his prison, 
 with unrelenting zeal he preaches the gospel. " Believe 
 on the Lord Jesus Christ," says he to the Roman jailer, 
 " and thou shalt be saved." 
 
 Paul, in resisting the power, was only carrying out 
 the teaching of the Master. " Behold," says Christ, " I 
 send you forth as sheep in the midst of wolves." '* Ye 
 shall be brought before governors and kings for my sake, 
 for a testimony against them and the Gentiles." '* Fear 
 not them which kill the body, but are not able to kill the 
 soul ; but rather fear Him which is able to destroy both 
 soul and body in hell." Matt. x. 16, 18, 28. "Go ye 
 therefore and teach all nations, baptizing them in the 
 name of the Father, Son and Holy Ghost, teaching them 
 to observe all things whatsoever I have commanded 
 you." Matt, xxviii. 19, 20. 
 
 In Old Testament times, we find the same course pur- 
 sued by God's servants, in their relation to civil rulers. 
 They faithfully obeyed civil laws, but disregarded laws, 
 enacted by civil governments, which interfered with their 
 religious duties. ,^ 
 
 The Babylonian Empire was certainly a power ordained 
 of God (See Jer. xxvii. 7), yet the three faithful Jews, 
 Shadrach, Meshach and Abed-nego, being well aware of 
 that fact, refused obedience to Nebuchadnezzar's decree 
 
RELIGIOUS LEGISLATION. 7 
 
 which commanded every one of his subjects to fall down 
 and worship the great image which he had set up. They 
 reply to the decree : " Be it known unto thee, O king, 
 that we will not serve thy gods, nor worship the golden 
 image which thou hast set up." They are cast into the 
 fiery furnace, but the God whom they worship comes to 
 their rescue and delivers them from the flames, thus 
 sustaining them in their apparent rebellion. 
 
 The Medo-Persian Empire was also ordained of God 
 (See 2 Chronicles, xx.xvi. 22, 23), but not ordained to 
 rule in religious matters. The prophet Daniel, who 
 was Prime Minister in this kingdom, was so faithful in 
 obeying civil laws, that his enemies could find no fault 
 with him ; but when a law was enacted interfering v»'ith 
 his religious convictions, he paid no attention to it. 
 Thus we read : " Now, when Daniel knew that the 
 writing was signed, he went into his house ; and his 
 windows being open in his chamber toward Jerusalem, 
 he kneeled upon his knees three times a day, and prayed, 
 and gave thanks before his God, as he did aforetime." 
 (Daniel vi. ro.) For this act of disobedience to the 
 royal decree, he was cast into the den of lions. He 
 chose liberty of conscience, with the society of the wild 
 beasts in their den, rather than to yield this precious 
 boon and dwell with royal princes. God sustained the 
 prophet in disregarding this religious law, by protecting 
 him from harm in the lions' den. When Daniel is again 
 liberated, he proclaims his innocence before both God 
 and the king. 
 
 If the principle be admitted, that the state has the 
 right to legislate in regard to religion, and to enforce 
 religious observances, then no blame can be attached to 
 the Babylonian king for casting the Hebrew children 
 
S KELIGIOUS LEGISLATION. 
 
 into the fiery furnace ; to the Medo-Persian king, for 
 delivering Daniel to the lions ; nor to the Roman 
 Empire for putting the Christians to death. And Christ, 
 his apostles and the millions of earnest Christians, who 
 have sealed their faith with their blood, were wrong, in 
 resisting the civil power and teaching a religion, declared 
 to be unlawful by the Roman Government. All the 
 religious persecutions of the dark ages, the unspeakable 
 horrors of the Inquisition, the rack, the thumbscrew, the 
 stake and the dungeon, were but the natural offspring of 
 an illegitimate union between Church and State. Every 
 attempt to make men religious by law, will only produce 
 a hypocritical profession, and of necessity revive the 
 same spirit of persecution. All this is contrary to the 
 Gospel. " The weapons of our warfare,"' says Paul, " are 
 not carnal, but mighty through God to the pulling down 
 of strongholds." (2 Corinthians, x. 4.) 
 
 Do we need a law enforcing Sunday observance } 
 Who will be benefited by such a law ? Do Christian 
 people who believe the first day of the week to be the 
 Lord's Day need the force of law to compel them to 
 abstain from work on that day ? The Apostle tells us 
 that the " Gospel is the power of God unto salvation to 
 every one that believeth." (Romans i. 16.) Has that 
 power so far departed from the Church, as to require the 
 aid of legislation, to secure from its members, obedience 
 to what they regard as a Christian duty.? If 'c be true 
 that she is thus shorn of her strength, instead of applyir-^ 
 to Parliament it were better far that she send up to God 
 her fervent and earnest petitions. One ray of light from 
 the Throne of Heaven will do more toward promoting 
 the interests of Christianity than all the laws that human 
 governments can ever invent. Christ bade his disciples : 
 
yc>o S3 
 
 RELIGIOUS LEGISLATION. 9 
 
 "Tarry ye in the city of Jerusalem until ye be endued 
 with power from on high." (Luke xxiv. 49.) And 
 when that power came, three thousand souls were 
 converted in one day. The Christian religion made its 
 way into the world, in opposition to all human govern- 
 ments. Banishment, tortures, and death were inflicted 
 in vain to stop its progress. And now, that the Church 
 is endowed with the moral and intellectual force of such 
 a host of religious teachers, with the powerful atixiliary 
 of the Press at her command, and the omnipotent arm of 
 God still extended to sustain his work, is it not surprising 
 that some of her votaries, should be circulating a petition 
 in which they tell us, in plaintive accents, that the 
 ** sacredness of the Lord's Day is in many ways imperilled 
 in our land," praying the government to come to the 
 rescue by enacting laws which will enforce its ^^ proper 
 observance " by fines and imprisonment ? as though the 
 Church, struck with spiritual paralysis, was about to drop 
 her hands and to consign her mission to the magistrates. 
 '* But," says one, " what about the Jewish people, who 
 do not believe in Christ; also the unconverted and the 
 infidel ? We need a law to oblige them to observe 
 the Lord's Day." What! compel a man to be religious 7 
 You may as well drag an unbeliever to the communion 
 table, and oblige him to p?rtake of the Lord's Supper, as 
 to compel him by fines and imprisonment to keep the 
 Lord's Day. So long as he interferes with no one's 
 rights, he is accountable alone to God for his religious 
 faith, and to use compulsion would only be making him 
 a hypocrite. Civil government should regard the reli- 
 gious convictions of the Jew as sacred as that of the 
 Christian ; and it has no mOLre r'ght to adopt any measure 
 binding the conscience of one solitary individual than that 
 
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 RELIGIOUS LEGISLATION. 
 
 of the entire community. If parliament can enforce o»f 
 principle of religion, it may with equal propriety proceed 
 to define ^rz/^rypart of divine revelation, and enforce every 
 religious obligation. The flood-gates of religious legisla- 
 tion, once opened, it would be difficult for human sagacity 
 to foresee how rapid would be the succession and how 
 numerous the train of enactments which would follow, in- 
 volving the dearest rights of all — the rights of conscience. 
 Then, there exists in the Dominion a body of Christians 
 denominated "Sevent'.i Day Adventists." They have a 
 regularly-organized conference, and possess numerous 
 churches. As the name implies, one of the articles of 
 their faith is the observance of the seventh day as the 
 Sabbath or Lord's Day. They regard the fourth precept 
 of the moral law as still binding, and conscientiously 
 observe that day as one of rest and worship. Are they 
 not entitled to the same religious freedom, as that enjoyed 
 by other Christian bodies ? Must they servilely obey the 
 dictates of a majority ? Are their rights and privileges 
 as conscientious men less sacred for their being in the 
 minority ? Any man sacrificing his religious convictions 
 to the caprice of the majority is not worthy the name of 
 Christian. Would the Protestants of the Province of 
 Quebec submit to the majority, and conform to all the 
 rites, ceremonies and holy days of the Church of Rome ? 
 Or how would the members of the Catholic Church like 
 to trim their faith until in perfect harmony with Pro- 
 testantism in the provinces where they are in minority ? 
 We are not contending for the correctness of any 
 particular religious views, but we assert that it is man's 
 inalienable birthrig?«t to worship according to the dictates 
 of his own conscience, a.x\C this assertion is confirmed by 
 Queen Victoria, our Royal Sovereign. 
 
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RELIGIOUS LEGISLATION. 
 
 II 
 
 In a proclamation issued to her subjects in 1858 Her 
 
 Majesty expresses herself thus clearly and emphatically : 
 
 •" Firmly relying ourselves on the truth of Christianity, and acknow- 
 ledging with gratitude the solace of religion, we disclaim aliite the 
 right and the desire to impose our convictions on any of our subjects. 
 We declare it to be our Royal will and pleasure that none be in any 
 wise favored, none molested or disquieted, by reason of their religious 
 faith or observance, but that all shall alike enjoy the equal and 
 impartial protection of the law ; and we do strictly charge and enjoin 
 all those who may be in authority under us, that they abstain from all 
 interference with the religious belief or worship of any of our subjects, 
 on pain of our highest displeasure." 
 
 The wisdom of the Province of Quebec, assembled 
 in council, in harmony with Her Royal will, has placed 
 among her laws the following statute : — 
 
 "The free exercise and enjoyment of religious profession and 
 worship without discrimination or preference, so as the same be not 
 made an excuse for acts of licentiousness, or a justification of practices 
 inconsistent with the peace and safety of the province, are, by the con- 
 stitution and laws of this province, allowed to all Her Majesty's 
 subjects within the same." 
 
 The following testimonials, from high authorities in our 
 neighboring Republic express the same truth. 
 
 George Washington, the Father of American liberties, 
 said : — 
 
 " Every mart who conducts himself as d. good citizen is accountable 
 alone to God for his religious faith, and should be protected in wor- 
 shiping God according to the dictates of his own conscience." 
 
 The first amendment of the United States Constitution. 
 
 illustrative of the same principle, reads thus: — ^.f., 
 
 " Congress shall make no law respecting the es^abl&shment of 
 religion, or prohibiting the free exercise thereof.'' ' . , 
 
 Jiach state has incorporated ir its constitution a 
 guarantee of religious freedom, of which the following 
 quotations are samples : 
 
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13 
 
 RELIGIOUS LEGISLATION. 
 
 New York. — " The free exercise and enjoyment of religious pro- 
 fession and worship, without discrimination or preference, shall for ever 
 be allowed in this State to all mankind." 
 
 Pennsylvania. — " All men have a natural and indefeasible right 
 to worship Almighty God uccording to the dictates of their own con- 
 sciences. No preference shall ever be given by law to any religious 
 establishments or modes of worship." 
 
 Wisconsin. — "The right of every man to worship Almighty God 
 according to the dictates of his own conscience shall never be 
 
 infringed Nor shall any control of, or interference with, 
 
 the rights of conscience be permitted, or any preference be given by 
 law to any religious establishments or mode of worship." 
 
 Vermont. — " That all men have a natural and unalienable right 
 to worship Almighty God according to the dictates of their own con- 
 sciences and understandings, as in their opinion shall be regulated by 
 
 the Word of God 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 control the rights of conscience." 
 
 Rhode Island. — " Whereas Almighty God hath created the mind 
 free, and all attempts to influence it by temporal punishment, or 
 burdens, or by civil incapa*itations, tend to beget habits of hypocrisy 
 and meanness, we therefore declare .... that every man shall 
 be free to worship God according to the dictates of his own conscience, 
 and to profess, and by argument to maintain, his opinion in matters of 
 religion." 
 
 Said U. S. Grant : " Keep the Church and State for 
 ever separated ; " and so should say all civil rulers. 
 
 Said Jesus Christ : '* My kingdom is not of this 
 world ; " and so should say all Christian teachers. 
 
 To those religious teachers who would seek to compel 
 and persecute him who may believe otherwise than they, 
 we commend the words of the apostle Paul in the four- 
 teenth chajner of Romans : ** Why dost thou judge thy 
 brother, or why dost thou set at naught thy brother ? for 
 we shall all stand 1 '^'t'ore the judgment seat of Christ." 
 
 — ••^•-«^-^«<*»«»— 
 
 
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