The Fountain and Purpose of All Legitimate Civil Government

Elisha Williams Public Domain PhotoCALLED UNTO LIBERTY, FOUNDING ERA SERMONS, ELISHA WILLIAMS

1744


That the sacred scriptures are the alone rule of faith and practice to a Christian, all Protestants are agreed in; and must therefore inviolably maintain, that every Christian has a right of judging for himself what he is to believe and practice in religion according to that rule: Which I think on a full examination you will find perfectly inconsistent with any power in the civil magistrate to make any penal laws in matters of religion. Tho’ Protestants are agreed in the profession of that principle, yet too many in practice have departed from it. The evils that have been introduced thereby into the Christian church are more than can be reckoned up. Because of the great importance of it to the Christian and to his standing fast in that liberty wherewith Christ has made him free, you will not fault me if I am the longer upon it. The more firmly this is established in our minds; the more firm shall we be against all attempts upon our Christian liberty, and better practice that Christian charity towards such as are of different sentiments from us in religion that is so much recommended and inculcated in those sacred oracles, and which a just understanding of our Christian rights has a natural tendency to influence us to. And tho’ your sentiments about some of those points you demand my thoughts upon may have been different from mine; yet I perswade my self, you will not think mine to be far from the truth when you shall have throughly weighed what follows. But if I am mistaken in the grounds I proceed upon or in any conclusion drawn from true premises, I shall be thankful to have the same pointed out: Truth being what I seek, to which all must bow first or last.

To proceed then as I have just hinted, I shall first, briefly consider the Origin and End of Civil Government.

First, as to the origin—–Reason teaches us that all men are naturally equal in respect of jurisdiction or dominion one over another. Altho’ true it is that children are not born in this full state of equality, yet they are born to it. Their parents have a sort of rule & jurisdiction over them when they come into the world, and for some time after: But it is but a temporary one; which arises from that duty incumbent on them to take care of their offspring during the imperfect state of childhood, to preserve, nourish and educate them (as the workmanship of their own almighty Maker, to whom they are to be accountable for them), and govern the actions of their yet ignorant nonage, ‘till reason shall take its place and ease them of that trouble. For God having given man an understanding to direct his actions, has given him therewith a freedom of will and liberty of acting, as properly belonging thereto, within the bounds of that law he is under: And whilst he is in a state wherein he has no understanding of his own to direct his will, he is not to have any will of his own to follow: He that understands for him must will for him too. But when he comes to such a state of reason as made the father free, the same must make the son free too: For the freedom of man and liberty of acting according to his own will (without being subject to the will of another) is grounded on his having reason, which is able to instruct him in that law he is to govern himself by, and make him know how far he is left to the freedom of his own will. So that we are born free as we are born rational. Not that we have actually the exercise of either as soon as born; age that brings one, brings the other too. This natural freedom is not a liberty for every one to do what he pleases without any regard to any law; for a rational creature cannot but be made under a law from its Maker: But it consists in a freedom from any superiour power on earth, and not being under the will or legislative authority of man, and having only the law of nature (or in other words, of its Maker) for his rule.

And as reason tells us, all are born thus naturally equal, i.e. with an equal right to their persons; so also with an equal right to their preservation; and therefore to such things as nature affords for their subsistence. For which purpose God was pleased to make a grant of the earth in common to the children of men, first to Adam and afterwards to Noah and his sons: as the Psalmist says, Psal. 115. 16. And altho’ no one has originally a private dominion exclusive of the rest of mankind in the earth or its products, as they are consider’d in this their natural state; yet since God has given these things for the use of men and given them reason also to make use thereof to the best advantage of life; there must of necessity be a means to appropriate them some way or other, before they can be of any use to any particular person. And every man having a property in his own person, the labour of his body and the work of his hands are properly his own, to which no one has right but himself; it will therefore follow that when he removes any thing out of the state that nature has provided and left it in, he has mixed his labour with it and joined something to it that is his own, and thereby makes it his property. He having removed it out of the common state nature placed it in, it hath by this labour something annexed to it that excludes the common right of others; because this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough and as good left in common for others. Thus every man having a natural right to (or being the proprietor of) his own person and his own actions and labour and to what he can honestly acquire by his labour, which we call property; it certainly follows, that no man can have a right to the person or property of another: And if every man has a right to his person and property; he has also a right to defend them, and a right to all the necessary means of defence, and so has a right of punishing all insults upon his person and property.

But because in such a state of nature, every man must be judge of the breach of the law of nature and executioner too (even in his own case) and the greater part being no strict observers of equity and justice; the enjoyment of property in this state is not very safe. Three things are wanting in this state (as the celebrated Lock observes) to render them safe; viz. an established known law received and allowed by common consent to be the standard of right and wrong, the common measure to decide all controversies between them: For tho’ the law of nature be intelligible to all rational creatures; yet men being biassed by their interest as well as ignorant for want of the study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases. There wants also a known and indifferent judge with authority to determine all differences according to the established law: for men are too apt to be partial to themselves, and too much wanting in a just concern for the interest of others. There often wants also in a state of nature, a power to back and support the sentence when right, and give it due execution. Now to remedy these inconveniencies, reason teaches men to join in society, to unite together into a commonwealth under some form or other, to make a body of laws agreable to the law of nature, and institute one common power to see them observed. It is they who thus unite together, viz. the people, who make and alone have right to make the laws that are to take place among them; or which comes to the same thing, appoint those who shall make them, and who shall see them executed. For every man has an equal right to the preservation of his person and property; and so an equal right to establish a law, or to nominate the makers and executors of the laws which are the guardians both of person and property.

Hence then the fountain and original of all civil power is from the people, and is certainly instituted for their sakes; or in other words, which was the second thing proposed, The great end of civil government, is the preservation of their persons, their liberties and estates, or their property. Most certain it is, that it must be for their own sakes, the rendering their condition better than it was in what is called a state of nature (a state without such establish’d laws as before mentioned, or without any common power) that men would willingly put themselves out of that state. It is nothing but their own good can be any rational inducement to it: and to suppose they either should or would do it on any other, is to suppose rational creatures ought to change their state with a design to make it worse. And that good which in such a state they find a need of, is no other than a greater security of enjoyment of what belonged to them. That and that only can then be the true reason of their uniting together in some form or other they judge best for the obtaining that greater security. That greater security therefore of life, liberty, money, lands, houses, family, and the like, which may be all comprehended under that of person and property, is the sole end of all civil government. I mean not that all civil governments (as so called) are thus constituted: (tho’ the British and some few other nations are through a merciful Providence so happy as to have such). There are too too many arbitrary governments in the world, where the people don’t make their own laws. These are not properly speaking governments but tyrannies; and are absolutely against the law of God and nature. But I am considering things as they be in their own nature, what reason teaches concerning them: and herein have given a short sketch of what the celebrated Mr. Lock in his Treatise of Government has largely demonstrated; and in which it is justly to be presumed all are agreed who understand the natural rights of mankind.


Source: Elisha Williams, excerpt from “The Essential Rights and Liberties of Protestants,” 1744. It was occasioned by a 1742 Connecticut statute that prohibited ministers from preaching outside their own parishes, unless expressly invited to do so by resident ministers. Punishment for violating this law was deprivation of support and authorization to preach, a prohibition and punishment that Williams argued violated scripture, natural rights, the social contract, and the Toleration Act of 1688.


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The Moral Liberal recommends John Eidsmoe’s Christianity and the Constitution: The Faith of Our Founding Fathers