But if it be demanded how this power can be exercised, must every individual be agreed in the person, or no election made?
I answer,
1. Such a universal agreement is not necessary, the election may be made by a majority. Experience has shewn where the candidate has had the gospel qualifications for the office, the concurrence in the choice has been universal, at least so general as to bring no difficulty in the exercise of this right. So when there has been any considerable number who judged they had any weighty reason against the election made by a majority, experience has also shewn the majority’s denying themselves of that choice, and trying farther, has issued happily for the whole. In such cases, ’tis certain, wisdom is profitable to direct. And that rule of our Saviour’s, Math. 7. 12. will go a great way in keeping churches in the peaceable exercise of this right.
2. Where a minor part cannot in judgment acquiesce in the choice made by the major part of the worshipping assembly, they have a right to withdraw and choose a minister for themselves, or if not able to support one may attend divine worship in a neighbouring church, where they find they may do it to greater edification. They are all equally vested in the same right, and hold it independent one of another, and each one independent of the whole, or of all the rest. So that the greater number can have no right to impose a minister on the lesser. It is not here as in civil societies where the right of each individual is subjected to the body, or so transferred to the society, as that the act of the majority is legally to be considered as the act of the whole, and binding to each individual. As to what concerns men’s civil interests, there is nothing in the nature of things to hinder or prevent its being lawful or best, so to transfer their power to the community. But it is not so in religious matters, where conscience and men’s eternal interests are concerned. If the power of acting be transferred in this case, as in that of civil societies (now mentioned)[,] thus, if for instance, the majority should elect an Arminian teacher, the minor part must be so concluded by that choice, as to submit to such a one as their teacher, when at the same time it may be directly against their consciences to receive such doctrines or such a teacher. But since the rights of conscience may not be touched, the right of electing a teacher is not transfer’d to the body by the individuals, as civil rights may be in civil societies. That principle or supposition, which any ways infers an infringement upon the rights of conscience, cannot be true; as that does, which supposes a majority may impose a minister on a lesser part.
If to avoid what I have asserted, that in such case a minor part may withdraw and choose a minister for themselves, it be here said that they may remove their habitations—
I answer, Since this right of electing a teacher for themselves does truly remain with them, after the choice made by the majority, that right may be exercised by them, and why not in one part of the civil state as well as another? They are guilty of no crime for which they should be banished by the state, nor of any thing whereby they have forfeited a right of possessing their present freeholds: their right to their freeholds remains, and consequently their right to exercise their Christian rights where they be, and have a right to remain. It is to no purpose here to say, perhaps the legislature has fixed the bounds of the parish. For the legislature can make civil societies, and may fix the bounds of towns and parishes for civil purposes; yet they can’t make churches, nor may they make any laws that interfere with the rights of Christians. Nor is it to any purpose to say, This would open a door to a great multiplication of churches: For how many populous places, as well as Boston have tried it, and found religion and peace best promoted on these principles; nor is there a probability that churches will by this means be increased beyond their ability to support their ministers.
By what I have said you will find some other of your queries answer’d, without my making particular application, and therefore I leave that for you to do at your own leisure: And should here finish my letter, but that you insist on my giving you my sentiments on a law made in your colony May 1742, intitled An Act for regulating Abuses, and correcting Disorders in Ecclesiastical Affairs: Which it seems, thro’ the fond opinion some persons among you had of it, was thrust into one of our publick news papers, soon after it was passed; under which every wise by-stander, that was a hearty friend to your civil and religious interests, was ready to write, Tell it not in Gath &c.
I shall not descend into every particular that might be offered upon it—some few remarks may suffice.
I. The law is founded on this false principle, viz. that the civil authority hath power to establish a form of church-government by penal laws. The act relates wholly to matters of an ecclesiastical nature: and as it supposes, the civil magistrate has authority by penal laws to regulate ecclesiastical