Spiritual jurisdiction

“ It is worse than vain and contradictory—it is a flagrant act of usurpation—when a Reformed ministry pretend that they in particular hold a spiritual jurisdiction by Divine right, when the main principle of the great Reformation, to which they owe their position, is, that the whole believing community, to which they belong, holds a spiritual jurisdiction by Divine right. ”

“ In all free countries it is now generally admitted that the weapons of the Church are not carnal, and that the jurisdiction of the magistrate is not spiritual. "God alone is Lord of the conscience;" and it is only by the illumination of His Word that the monitor within can be led to recognise His will, and submit to His authority. ”

“ I only assert, that they differ in no respect from civil judges; yet they still call it a spiritual jurisdiction, where all the contention is about secular affairs. Though there were no other evil, what effrontery must they have, to call a court full of litigation the judicature of the Church! But, it is alleged, 402it employs admonitions, and pronounces excommunication. Is it thus that they trifle with God? Does a poor man owe a sum of money? ”

“ God’s people must enjoy their liberty of conscience, and not be forced; but all the subjects in a kingdom or monarchy, or the whole world beside, must be compelled by the power of the civil sword to assemble thus and thus.
Secondly, I demand, who shall judge whether they are God’s people or no? for they say, whether the magistrate consent or consent not, that is, judge so or not, they ought to go on in the ordinances, renuente magistratu.
If the civil magistrate be to build the spiritual or Christian house, he must judge in the matter. ”

“ Therefore, thirdly, they must ingenuously and honestly confess, that if it be the duty of the magistrate to punish the church in spiritual cases, he must then judge according to his conscience and persuasion, whatever his conscience be: and then let all men judge into what a woful state they bring both the civil magistrate and church of Christ, by such a church-destroying and state-destroying doctrine. ”

“ We have no trials for sickness before the tribunal of divine Spirit, there Man is adjudged innocent of transgressing physical laws, because there is no spiritual statute relating thereto. Spiritual law is our only code; Life, Truth, and Love our government. ”

“ Their own practice who suffer no man of any different conscience and worship to live in their jurisdiction, except that he depart from his own exercise of religion and worship, differing from the worship allowed of in the civil state, yea, and also actually submit to come to their church. ”

“ If God be the sole Lord of the conscience, why should the rights of conscience be subject to human jurisdiction? Now to apply this to the catholicks; the belief of transubstantiation is a matter purely of religion and conscience, which does not affect the political interest of society, as such: therefore, why should the rights of conscience whereof God is the sole Lord, be subject to human jurisdiction? ”

“ The Civil Authority may interfere in matters relating to religion, morality, and Spiritual Government: hence, it can pass judgment on the instructions issued for the guidance of consciences, conformably with their mission, by the pastors of the Church. Further, it has the right to make enactments regarding the administration of the Divine Sacraments, and the dispositions necessary for receiving them. ”

“ And according to the American rule, where the subject-matter of dispute, inquiry, or decision is strictly and purely ecclesiastical in its character, it is a matter over which the civil courts should not exercise any jurisdiction—a matter which concerns theological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required of them, the civil court has not and should not have any jurisdiction. ”

“ When, for example, the people are genuinely religious and are literate and well-schooled, and a difficulty presents itself, they can apply to the local authorities; if they do not meet with justice and secure their rights and if they see that the conduct of the local government is incompatible with the Divine good pleasure and the king’s justice, they can then take their case to higher courts and describe the deviation of the local administration from the spiritual law. ”

“ We do not believe that human law has a right to interfere in prescribing rules of worship to bind the consciences of men, nor dictate forms for public or private devotion. We believe that the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the liberty of the soul.
THE BOOK OF DOCTRINE AND COVENANTS.—Edition printed by John Taylor, at Nauvoo, Illinois, 1844 ”

“ Besides supervision over matters of faith and discipline, of marriage, of inheritance, and of usury, which belonged to them by general consent, there were comparatively few questions between man and man which could not be made to include some case of conscience involving the interpellation of spiritual interference, especially when agreements were customarily confirmed with the sanction of the oath; and the cure of souls implied a perpetual inquest over the aberrations, positive or possible, of every member of the flock. ”

“ For an ecclesiastical offence, on the other hand, he will be tried in the court Christian. The king reserves to his court the right to decide what offences are temporal, what ecclesiastical; also he asserts the right to send delegates to supervise the proceedings of the spiritual tribunals. ... Let us attempt a rival commentary. The author of this clause is not thinking of two different classes of offences. The purely ecclesiastical offences are not in debate. No one doubts that for these a man will be tried in and punished by the spiritual court. ”

“ Secondly, if they intend that the magistrate should enforce all the elders of such churches under their jurisdiction to keep correspondency with them in such meetings, then I say, as before, it is to cause him to give liberty with a partial hand, and unequal balance; for thus I argue:—If the civil state and civil officers be of their religion and conscience, it is not proper for them to give liberty or freedom, but to give honourable testimony and approbation, and their own personal submission to the churches. ”

“ The state here is bound by its own constitution to respect and protect the rights of the citizen. Among these rights, the most precious is the right of conscience—the right to the free exercise of my religion. This right does not decide what the civil law shall be, but it does decide what it shall not be. Any law abridging my right of conscience—that is, the freedom of my church—is unconstitutional, and, so far, null and void. This, which is my right, is equally the right of every other citizen, whether his conscience—that is, his church—agrees with mine or not. ”

“ Let it simply be asked, Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice; and let us with caution indulge the supposition, that morality can be maintained without religion. ”

“ Who else, if not one of their most distinguished representatives, has risen to force upon the attention of the highest Tribunal the world has yet seen the grievances which a Faith, robbed of one of its holiest sanctuaries, had suffered at the hand of the usurper? Who else has succeeded in securing, through patient and persistent effort, those written affirmations which proclaim the justice of a persecuted cause and tacitly recognize its right to an independent religious status? ”

“ 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. On the other hand, it safeguards the free exercise of the chosen form of religion. ”

“ The jurisdiction of this consistory was nominally confined to morals, and the regulation of Church matters. It could only punish by penance, and by exclusion from the Sacrament, but as it was the duty of the secular authority to enforce its decisions, every sin became a crime, punished with the utmost severity. All were forced by law to attend public worship, and partake of the Lord’s Supper. To wear clothes of a forbidden stuff, to dance at a wedding, to laugh at Calvin’s sermons, became an offence punishable at law. ”

“ If they are crimes, then to teach, advise, and counsel their practice is to aid in their commission, and such teaching and counseling are themselves criminal, and proper subjects of punishment, as aiding and abetting crime are in all other cases. The term 'religion' has reference to one's views of his relations to his Creator, and to the obligations they impose of reverence for his being and character, and of obedience to his will. It is often confounded with the cultus or form of worship of a particular sect, but is distinguishable from the latter. ”

“ But, they added, should the point be maintained, that courts and juries are authorized to determine, whether the teacher of a religious sect is a teacher of morality, from his opinion either of the cause, mode, or state of men's happiness or misery in another world, or from his opinion of the nature, or proportion of the rewards for virtue, or the punishments for vice in a future state, no sect or denomination could be safe, it being a matter resting on opinion only, without any earthly tribunal having the ability or authority to settle the question. ”

“ Once admit that principle, and no curb can be set upon its operation. Who shall restrict what God has appointed? And thus the extent to which the conscience of men may be constrained, or persecution for truth's sake may be carried, depends entirely on the ignorance or enlightenment of the civil magistrate. There is no safety out of the principle that religion is a matter entirely between man and his God, and that the whole duty of the magistrate is to secure every one in the peaceful observance [Pg 57] of it. ”

“ That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences: That no man shall be compelled to attend, erect, or support any place of Worship, or to maintain any ministry against his consent: That no human authority can, in any case whatever, control or interfere with the rights of conscience: And that no preference shall ever be given by law to any religious societies, or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit. ”

“ Spiritual interests and spiritual discipline belong to that supernatural order of grace which has its home in the bosom of the Christian church.... There are many things besides loose divorce legislation which the state either tolerates or legalizes, but which the church cannot sanction or countenance for a single instant without committing spiritual suicide. And if the state should expressly dictate to the church a line of action at variance with the plain teaching of Christ, then it [pg 779] would be our solemn duty to obey God rather than men.... ”

“ But the statutes of the Reformation era relating to jurisdiction, having as statutes the assent of the laity, and accepted by the canons of the clergy, are the standard to which the Church has bound herself as a religious society to conform. ”

“ If any man say that the supreme rule of conscience lies in the law of the State, or in public opinion, and that the judicial power of the Church does not extend to pronouncing them legitimate or illegitimate, or that by civil law that can become legitimate which by divine law is illegitimate, let him be anathema. ”

“ In this country the full and free right to entertain any religious belief, to practice 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. ”

“ Neither can We pass over in silence the audacity of those who, not enduring sound doctrine, assert that "the judgments and decrees of the Holy See, the object of which is declared to concern the general welfare of the Church, its rights, and its discipline, do not claim acquiescence and obedience, under pain of sin and loss of the Catholic profession, if they do not treat of the dogmas of faith and of morals." ”

“ 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. ”

“ Who appointed them the judge of our religious faith, or authorized them to coerce us to transgress a law that is binding and imperative on our consciences? We do not expect that Congress is acquainted with our religious faith; but, as members of the body politic, we do claim the guarantees of the Constitution and immunity from persecution on merely religious grounds. ”

“ And therefore, whatever soul is aggrieved under the accusation and charge of the law, hath liberty, yea, and is called to it, of duty, to appeal unto this new erected tribunal, where Christ sits to dispense life according to the terms of grace and he may be sure the Father will not judge him according to the law, if the Son absolve him in the gospel. ”