Religious law

“ The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand, it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship. Freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. ”

“ It would dissatisfy both, and consequently convert neither....If a solemn act of legislation shall in one point define the law of God, or point out to the citizen one religious duty, it may with equal propriety define every part of revelation, and enforce every religious obligation, even to the forms and ceremonies of worship, the endowments of the church and support of the clergy."
"The framers of the Constitution recognized the eternal principle that man's relation to his God is above human legislation, and his right of conscience inalienable. ”

“ In this country the full and free right to entertain any religious belief, to practise any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property, and which does not infringe personal rights, is conceded to all. The law is not committed to the support of any dogma, the establishment of any sect. ”

“ But as religion, law, and family authority were all in the hands of men, they naturally interpreted that sanctity to suit themselves, ignored the religious restrictions, and so handled the law as to apply its penalties to but one party in a dual offense. ”

“ To permit a man to excuse conduct in violation of law on the ground of religious belief "would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself." ”

“ For our present purpose it is more important to establish the fact that the doctrine of duty canonised the manifold expressions of the theory that life is a religion, with which we have met throughout the traditional literature: all human acts are thus legally considered as obligatory or forbidden when corresponding with religious commands or prohibitions, as congenial or obnoxious to the law or as matters legally indifferent and therefore permissible. ”

“ The judges of our country frequently remind us that its laws have a religious sanction; nay, they assure us Christianity is part and parcel of those laws. Do we not know that orthodox Christianity means Christianity as by law established? ”

“ Religion, the internal discipline of the organ [Pg 243] ized kindred, and the law of the state were three co-ordinate agencies of social control in ancient society. Nor was law for a long time the chief of these nor the one which covered the widest field. If the gods had been called to witness or good faith had a religious sanction, the duty to keep a promise was a matter for religion. ”

“ The members of such a society consider that the transgression of a religious ordinance should be punished by civil penalties, and that the violation of a civil duty exposes the delinquent to divine correction. ”

“ The religion that has to be supported by law is without value, not only, but a fraud and curse. The religious argument that has to be supported by a musket, is hardly worth making. ”

“ Religion is God's legislation. He alone dispenses its sanctions, and these sanctions are mostly of another world. Were the governments of this earth, to legislate for the inhabitants of the moon, the absurdity and inefficacy of such laws would be less, than laws for taking care of human souls, by settling the rights of God, and the religious duties of man. ”

“ Therefore we thought we ought, with sound counsel and very right reason, to lay down this law, that we should in no way refuse to any man any legal right who has given up his mind either to the observance of Christianity or to that worship which he personally feels best suited to himself; to the end that the Supreme Divinity, whose worship we freely follow, may continue in all things to grant us his accustomed favor and good-will. ”

“ But what about the answer of the Lord to the rich young man? What about the commandment to be perfect? Does not the doctrine of justification by faith alone, without the deeds of the Law, abolish the holy and good Law of God? ”

“ I will write my laws on their hearts;—hence the prayer, Lord have mercy upon us and write all these thy laws on our hearts we beseech thee? The first law wrote on the heart is the moral law; this is sent home to shew us our sin and danger, to point out our state, and make us feel our guilt. By the law is the knowledge of sin; I had not known it but for the law; under this tuition we are, till Jesus proclaims liberty from its curse and bondage, then we are at liberty to serve him as sons and not as slaves, in imputed righteousness, in the spirit of holiness and in filial fear. ”

“ For instance, a government may simply declare, that the Christian religion shall be the religion of the state, and shall be aided, and encouraged in all the varieties of sects belonging to it; or it may declare, that the Catholic or Protestant religion shall be the religion of the state, leaving every man to the free enjoyment of his own religious opinions; or it may establish the doctrines of a particular sect, as of Episcopalians, as the religion of the state, with a like freedom ”

“ But always and everywhere does the church assert, and, as far as she can, maintain the full and perfect liberty of religion, the entire freedom and independence of the spiritual order, to be itself and to act according to its own laws—that is, religious liberty in her sense, and, if the words mean any thing, religious liberty in its only true and legitimate sense. ”

“ But it is remarkable that almost all the cases where it does become a duty to resist the law, are those in which religion is concerned,—those, in short, in which the civil legislature has gone out of its own province; as when a man is required to profess or renounce, to preach or abstain from preaching, a certain religion ”

“ Whatsoever in matters of religion hath the divine approbation of the Spirit of Christ in the Scriptures, that is of divine right, and by the will and appointment of Jesus Christ. God's approving or allowing of any thing, plainly implies that it is according to his will and pleasure, and so is equivalent to a divine institution or appointment; for what is a divine institution or law but the publishing of the divine will of the legislator, touching things to be acted or omitted? and God cannot approve any thing that is against his will. ”

“ The customs of God's people and the institutions of our ancestors are to be considered as laws. And those who throw contempt on the customs of the Church ought to be punished as those who disobey the law of God. ”

“ The somewhat obscure teaching in the Draft on the elevation of man into the supernatural order, would, to mere politicians, look like theological nebulae, and, to mere theologians, like ill-digested divinity. To men versed in the esoteric dialect, it was clearly intended to prepare the way for the doctrine of the elevation of man by baptism above the control of civil law, in all that affects his loyalty to the supernatural order of the Church, whose Decrees had, by that regeneration, become his supreme statutes, her courts his supreme tribunals, and her priests his supreme magistrates. ”

“ He said that he apprehended the meaning of the words on religion to be that Congress should not establish a religion and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience. ”

“ Can man of himself, unaided by Christ, keep the law?
“I am the vine, ye are the branches: he that abideth in Me, and I in him, the same bringeth forth much fruit: for without Me ye can do nothing.” John 15:5. See also Rom. 7:14-19.
8. What provision has been made so that we may keep God's law?
“For what the law could not do, in that it was weak through the flesh, God sending His own Son in the likeness of sinful flesh, and for sin, condemned sin in the flesh: that the righteousness of the law might be fulfilled in us, who walk not after the flesh, but after the Spirit.” ”

“ Against certain theological positions, perhaps of great weight, and theological evidence, comes, not only the doctrine of theological opponents, but the objection that they are bad law. The interpretation which, it may be, we have assumed all our lives, and which we know to be that of Fathers and divines, is suddenly pronounced not to be legal. ”

“ It will moreover be found that any inference as to the abrogation of the law, which may be deduced from the doctrine of grace, as taught by all the apostles, applies as directly to the moral as to the ritual code; both of which are by them commonly comprehended together under the designation of, “the law.” Upon their principles, reliance on a righteousness of works is just as much to be reprobated in the one form as in the other; and the doctrine of salvation by grace is as consistent with the continued obligation and observance of the ritual, as, of the moral law. ”

“ But, under the new testament, the liberty of Christians is further enlarged, in their freedom from the yoke of the ceremonial law, to which the Jewish Church was subjected; and in greater boldness of access to the throne of grace, and in fuller communications of the free Spirit of God, than believers under the law did ordinarily partake of.
II. God alone is Lord of the conscience, and hath left it free from the doctrines and commandments of men, which are, in any thing, contrary to His Word; or beside it, if matters of faith, or worship. ”

“ But there are persons in this age of enlightenment and progress and civilization, who will rise up in public assemblages, and, denouncing the church and all that is sacred that belongs to it—denouncing the founders of the religion which all profess and revere—will tell you that notwithstanding the solemn oath which they have taken by kissing the book to carry out into full effect all the provisions of the constitution of our country, there is a law of their God—a divine law, which they have found out and nobody else has—superior and paramount to all human law ”

“ In an age which settled back upon the Scriptures as the only basis of authority in religious faith and practice, they boldly challenged that course as a dangerous return to a lower form of religion than that to which Christ had called men and as only legalism and scribism in a new dress. ”

“ Law is made for the lawless. Let the Saints live their religion, and there is not a law that can justly infringe upon them. They are subject to the powers that be, by living so pure that no law can touch them. ”

“ Hereupon ensueth that no power on earth can forbid or punish any action which we are bound unto by the law of God, which is the true pattern of all justice. So that the laws against recusants, against receiving of Priests, against confession, against Mass, or other rites of Catholic religion, are to be esteemed as no laws by such as steadfastly believe these to be necessary observances of the true religion. ”

“ It cannot be doubted that a people so asserting and acknowledging their obligations to Our Divine Lord Jesus Christ were proclaiming a deep religious conviction and faith and an intention to adopt a Constitution consistent with that conviction and faith and with Christian beliefs. ”

“ All that are cleaving to this law, as a covenant of works, are enemies to the Lord Jesus Christ; and, all that die under it, must be judged by it. Now, because I hold forth the grand doctrines of the gospel, and enforce a knowledge of this law, by the teachings of the Spirit of God, that Sinners may be brought to see their need of a Mediator, and a Surety righteousness ”

“ Religious rights.—Religious duties imply religious rights: for if it is a duty to honor the Creator, it is also a right. Even those who do not admit obligations toward God, ought to respect in those who do admit them, their liberty to do so. The right of having a religion, and practicing it, is what is called liberty of conscience. ”

“ And so this author is correct in saying that the church with Catholics comes first, and not the Bible; for the church embraces the Bible, which is only the written document of the laws and ordinances of God to man, the letter of the law resting in the hands of the government which has charge of it, but that government itself subject to the law. ”

“ When we try principles we have a right to consider extreme and possible cases. The fact is, that the transgression of a Divine law always proceeds in a downward course and never ascends to the source of all purity, to Him who says, "be ye holy, for I am holy." ”

“ Declaration of the rights of man and of citizenship, 1791, article 10: No penalty should attach to the holding of religious opinions. The right of every man to practise the religious cult to which he is attached is guaranteed by clause 1 of the Constitution of 1791. ”

“ By its nature, religion-in the comprehensive sense in which the Constitution uses that word-is an aspect of human thought and action which profoundly relates the life of man to the world in which he lives. Religious beliefs pervade, and religious institutions have traditionally regulated, virtually all human activity. ”

“ With regard to religious liberty, they hold that the rights of conscience are sacred and unalienable, subject only to the control of the Deity, who has not given authority to any man, or body of men, to compel another to his religion. ”