Free Exercise cases and jurisprudence and Hamilton v. Regents and ROTC and course in military science and Cardozo and Morrill Act

"1. For the persons. Wee are a company professing ourselves fellow members of Christ, in which respect onely though wee were absent from each other many miles, and had our imployments as farre distant, yet wee ought to account ourselves knitt together by this bond of loue, and, live in the exercise of it, if wee would have comforte of our being in Christ. This was notorious in the practise of the Christians in former times; as is testified of the Waldenses, from the mouth of one of the adversaries Aeneas Sylvius "mutuo ament pere antequam norunt," they use to loue any of theire owne religion even before they were acquainted with them. 2nly for the worke wee have in hand. It is by a mutuall consent, through a speciall overvaluing providence and a more than an ordinary approbation of the Churches of Christ, to seeke out a place of cohabitation and Consorteshipp under a due forme of Government both ciuill and ecclesiasticall. In such cases as this, the care of the publique must oversway all private respects, by which, not only conscience, but meare civill pollicy, dothe binde us. For it is a true rule that particular Estates cannot subsist in the ruin of the publique. 3ly The end is to improve our lives to doe more service to the Lord; the comforte and encrease of the body of Christe, whereof we are members; that ourselves and posterity may be the better preserved from the common corruptions of this evill world, to serve the Lord and worke out our Salvation under the power and purity of his holy ordinances. 4thly for the meanes whereby this must be effected. They are twofold, a conformity with the worke and end wee aime at. These wee see are extraordinary (see below) therefore wee must not content ourselves with usuall ordinary meanes. Whatsoever wee did, or ought to have, done, when wee liued in England, the same must wee doe, and more allsoe, where wee goe. That which the most in theire churches mainetaine as truthe in profession onely, wee must bring into familiar and constant practise; as in this duty of loue, wee must loue brotherly without dissimulation, wee must loue one another with a pure hearte fervently. Wee must beare one anothers burthens. We must not looke onely on our owne things, but allsoe on the things of our brethren. Neither must wee thinke that the Lord will beare with such faileings at our hands as he dothe from those among whome wee have lived; and that for these 3 Reasons; 1. In regard of the more neare bond of mariage between him and us, wherein hee hath taken us to be his, after a most strickt and peculiar manner, which will make them the more jealous of our loue and obedience. Soe he tells the people of Israell, you onely have I knowne of all the families of the Earthe, therefore will I punishe you for your Transgressions. 2ly, because the Lord will be sanctified in them that come neare him. We know that there were many that corrupted the service of the Lord; some setting upp altars before his owne; others offering both strange fire and strange sacrifices allsoe; yet there came noe fire from heaven, or other sudden judgement upon them, as did upon Nadab and Abihu, whoe yet wee may think did not sinne presumptuously. 31y When God gives a speciall commission he lookes to have it strictly observed in every article; When he gave Saule a commission to destroy Amaleck, Hee indented with him upon certain articles, and because hee failed in one of the least, and that upon a faire pretense, it lost him the kingdom, which should have beene his reward, if hee had observed his commission. Thus stands the cause betweene God and us. We are entered into Covenant with Him for this worke. Wee haue taken out a commission. The Lord hath given us leave to drawe our own articles. Wee haue professed to enterprise these and those accounts, upon these and those ends. Wee have hereupon besought Him of favour and blessing. Now if the Lord shall please to heare us, and bring us in peace to the place we desire, then hath hee ratified this covenant and sealed our Commission, and will expect a strict performance of the articles contained in it; but if wee shall neglect the observation of these articles which are the ends wee have propounded, and, dissembling with our God, shall fall to embrace this present world and prosecute our carnall intentions, seeking greate things for ourselves and our posterity, the Lord will surely breake out in wrathe against us; be revenged of such a [sinful] people and make us knowe the price of the breache of such a covenant.

Now the onely way to avoyde this shipwracke, and to provide for our posterity, is to followe the counsell of Micah, to doe justly, to love mercy, to walk humbly with our God. For this end, wee must be knitt together, in this worke, as one man. Wee must entertaine each other in brotherly [Page 47] affection. Wee must be willing to abridge ourselves of our superfluities (see below), for the supply of other's necessities. Wee must uphold a familiar commerce together in all meekeness, gentlenes, patience and liberality. Wee must delight in eache other; make other's conditions our oune; rejoice together, mourne together, labour and suffer together, allwayes haueving before our eyes our commission and community in the worke, as members of the same body. Soe shall wee keepe the unitie of the spirit in the bond of peace. The Lord will be our God, and delight to dwell among us, as his oune people, and will command a blessing upon us in all our wayes. Soe that wee shall see much more of his wisdome, power, goodness and truthe, than formerly wee haue been acquainted with. Wee shall finde that the God of Israell is among us, when ten of us shall be able to resist a thousand of our enemies; when hee shall make us a prayse and glory that men shall say of succeeding plantations, "the Lord make it likely that of New England." For wee must consider that wee shall be as a citty upon a hill. The eies of all people are uppon us. Soe that if wee shall deale falsely with our God in this worke wee haue undertaken, and soe cause him to withdrawe his present help from us, wee shall be made a story and a by-word through the world. Wee shall open the mouthes of enemies to speake evill of the wayes of God, and all professors for God's sake. Wee shall shame the faces of many of God's worthy servants, and cause theire prayers to be turned into curses upon us till wee be consumed out of the good land whither wee are a goeing..

I shall shutt upp this discourse with that exhortation of Moses, that faithfull servant of the Lord, in his last farewell to Israell, Deut. 30. Beloued there is now sett before us life and good, Death and evill, in that wee are commanded this day to loue the Lord our God, and to loue one another, to walke in his wayes and to keepe his Commandements and his Ordinance and his lawes, and the articles of our Covenant with him, that wee may liue and be multiplied, and that the Lord our God may blesse us in the land whither wee goe to possesse it. But if our heartes shall turne away, soe that wee will not obey, but shall be seduced, and worshipp and serue other Gods, our pleasure and proffitts, and serue them; it is propounded unto us this day, wee shall surely perishe out of the good land whither wee passe over this vast sea to possesse it;

Therefore lett us choose life
that wee, and our seede
may liue, by obeyeing His
voyce and cleaveing to Him,
for Hee is our life and
our prosperity.

Brief Comment

Because the excerpt is longer than I usually like to give, I will only make three brief interpretive comments here. These could be expanded greatly and others could be added.

First, Winthrop tells us near the beginning of the excerpt that the times he envisions are extraordinary. As we see from my first two essays, there is a significant difference in Winthrop's mind between ordinary and extraordinary times. The latter requires the use of the principle of mercy, which affects the way that Christians should give, loan and forgive loans.

Second, Winthrop's message, for all its being touted by Christian people and political leaders, really is an unAmerican message. Let me just point out one phrase that gets at this. In the second paragraph is a phrase--to "abridge ourselves of our superfluities," that is definitely 17th century "speech" but still is clear in the 21st. It means that people should not accumulate much, that we should 'throw off' the excess things in our lives. In my judgment the only way that American culture can thrive in our day is to encourage, even reward, people for spending more. We are not a land which has any intentions of abridging ourselves of superfluities anytime in the near future.

Third is the phrase, a "citty upon a hill." That is a biblical phrase, of course, and Winthrop uses is it to suggest the admirable character of what he wants to start in the Massachusetts Bay. All will, he hopes, find something attractive about it. It is to be so perched so that all will see it. Yet here is the irony from the perspective of 21st century America. In the last five years we have given up the notion of America as example to America as the forceful compeller of American values (i.e., "democracy"). That is, we don't seem to be content now with the image of being an example; we want others, indeed we may require others, to conform to our image of what good government should be.

Lots more could be said, but this is enough to show how Winthrop both gives us some quintessentially American values but also how he is worlds removed from us. Maybe that is our loss.

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