Tag Archives: Trustees of Dartmouth College v. Woodward

The Pilgrims and the Puritans in Massachusetts


Jerald Finney
Copyright © December 31, 2012


Click here to go to the entire history of religious liberty in America.


Note. This is a modified version of Section IV, Chapter 5 of God Betrayed: Separation of Church and State/The Biblical Principles and the American Application. Audio Teachings on the History of the First Amendment has links to the audio teaching of Jerald Finney on the history of the First Amendment.


The Pilgrims and the Puritans in Massachusetts

Contents:

I. Introduction: from the storm resulting from the Reformation emerged separation of church and state
II.
John Calvin’s belief’s about the relationship of church and state, his influence in the colonies upon the issue; John Knox’s beliefs on the subject and the impact in America
III.
Old World patterns of church-state union were transplanted to the colonies through the Puritans, Episcopalians, and others; the story of the Pilgrims who arrived in America in 1620, the Mayflower Compact; the theology and goals of the Puritans who arrived in America in 1629
IV.
The application of the Puritan theology included laws which enforced the whole table of the law and thus persecution of dissenters (banishment, jail, confiscation of personal property, unjust taxes, hanging, etc.); the results of the theology of the Puritans soon came to fruition
V.
The atmosphere in Massachusetts begins to shift toward toleration and even freedom of tolerance; the second Massachusetts charter which provided for freedom of conscience to all Christians except Papists was secured in 1691; nonetheless, only in Boston was freedom of conscience honored; establishment remained in Massachusetts until 1833


I. Introduction: from the storm resulting from the Reformation emerged separation of church and state

Being the continuation of the religious upheaval in Europe, the early history of New England was one of religious turmoil:

“It is acknowledged, on all hands, the first settlements of New-England were a consequence of the disputes which attended the Reformation in England; and therefore we must observe, that during this time, viz. 1517, learning having revived all over Europe, the Reformation was begun by Luther, and others in Germany, and carried on in several parts of Christendom, particularly in England, where, after a long struggle, it was finally established, by act of Parliament, under Queen Elizabeth, who began to reign November 17, 1558.
“As the whole Christian religion had been corrupted and disfigured by the inventions and impositions of Popery … it could not but be expected that many, who were justly and equally offended, at the horrid corruptions of Popery, should yet be unable entirely to agree in their sentiments, of what things were to be reformed, or how far they should carry the Reformation at the first” (John Callender, The Civil and Religious Affairs of the Colony of Rhode-Island (Providence: Knowles, Vose & Company, 1838), pp. 60-61).

The theological turmoil that resulted from the Reformation continued in the new world, and out of that storm emerged a separation of church and state that had never before existed in any nation in the history of the world.


II. John Calvin’s belief’s about the relationship of church and state in America, his influence in America upon the issue; John Knox’s beliefs on the subject and the impact in America

John Calvin had the greatest influence of any continental reformer on the relationship of church and state in America. The founders of the Massachusetts Bay Company modeled the Massachusetts church-state after the church-state constructed by Calvin. Calvin taught predestination—that God predestined men to heaven or hell—and effectively denied freedom of human will. He further taught that the Prince, to whom God grants his power and who is responsible directly to God, is God’s leader on earth, and men had a duty to absolutely honor and obey him. Those who rebel against the ruler rebels against God, even if the ruler rules contrary to the Word of God.

The state, according to Calvin, must enforce God’s spiritual and moral laws. That is, the state is responsible for enforcing all of the commandments, including the first four. Therefore, the state must suppress, for example, “idolatry, blasphemy, and other scandals to religion.” Church and state must work together although the church is “competent to declare what is the godly life.” Calvin believed that “there is but one possible correct interpretation of the Word of God, and it is the only interpretation possible for an honest man of sound intelligence to reach” (Ibid., pp. 21-28; see also, Verduin, Anatomy of a Hybrid, pp. 198-211 for insight into Calvin’s church-state theology.).

At the same time, “we should obey God rather than men;” when the law of the ruler contradicts the law of God, according to Calvin, man should obey God, but only passively. The Calvinistic ideal, the superiority of an aristocratic republic form of civil government, led naturally to election of both pastors and civil rulers and was implemented in the Mayflower Compact the night before the Pilgrims first came onto shore in America. Subsequent leaders of Calvinistic thought “added the right of rebellion against the wicked Prince to their spiritual arsenal. The United States of America was born when that right was exercised, and none exercised it with greater enthusiasm that the Calvinists of Boston” (William H. Marnell, The First Amendment: Religious Freedom in America from Colonial Days to the School Prayer Controversy (Garden City, New York: Doubleday & Company, Inc., 1964), pp. 21-28).

One inheritor of Calvinism, John Knox, most forcefully added:

“the one conviction at which the legalistic mind of Calvin quailed…. If the Prince does not perform [his God given duty] said Knox, the people have the duty to put him to the sword of vengeance. In Calvinism the Church is the State, but in Knox far more than in Calvin the State and the Church both are the People. In neither man is there the faintest glimmer that even suggests to the backward-looking eye the distant dawn of tolerance. But in Knox the sword of the Almighty’s vengeance in the hands of an outraged People is the first strange symbol of what some day will be democracy” (Ibid., pp. 28-30).


III. Old World patterns of church-state union were transplanted to the colonies through the Puritans, Episcopalians, and others; the story of the Pilgrims who arrived in America in 1620, the Mayflower Compact; the theology and goals of the Puritans who arrived in America in 1629

Jesus said, “They shall put you out of the synagogues: yea, the time cometh, that whosoever killeth you will think that he doeth God service” (Jn. 16.2) In fulfillment of prophecies of the Lord, the established churches thought they were doing God’s will. “And these things will they do unto you, because they have not known the Father, nor me” (Jn. 16.3). The Old World patterns of church-state union and religious oppression were transplanted to the New World with all their rigor (Leo Pfeffer, Church, State, and Freedom (Boston: The Beacon Press, 1953), p. 63).  Eleven of the original thirteen colonies established a church prior to the Revolution. One of those eleven was Massachusetts which was founded by Puritans who were Congregationalists. All New England colonies, except Rhode Island, had established churches based upon the same theology. As noted by the Rhode Island Baptist, John Callender, in the early nineteenth century:

“[The Puritans] were not the only people who thought they were doing God good service when smiting their brethren and fellow-servants. All other Christian sects generally, as if they thought this was the very best way to promote the gospel of peace, and prove themselves the true and genuine disciples of Jesus Christ—‘sic,’ who hath declared, his kingdom was not of this world, who had commanded his disciples to call no man master on earth, who had forbidden them to exercise lordship over each other’s consciences, who had required them to let the tares grow with the wheat till the harvest, and who had, in fine, given mutual love, peace, long-suffering, and kindness, as the badge and mark of his religion” (Callender, p. 71).

The fight for religious liberty started in the New England colonies and then spread throughout the other colonies. The seventeenth century ended with firmly established church-states in all New England colonies except Rhode Island. The ecclesiocracies there were as absolute as the world has known, with persecution of “heretics” but, because of intervention by England, not as brutal as past ecclesiocracies in Europe.

The Church of England was established in the southern colonies. In the Southern colonies, “the church enjoyed the favor of the colonial governors but it lacked the one pearl without prce which the Congregational Church had. No Anglican ever left England to secure freedom of worship; no Virginia Episcopalean had the fervent motivation of a Massachusetts Puritan. In Massachusetts the church was the state. In Virginia and, to a lesser degree, in the rest of the South the Church was formally part of the State although hardly a part that loomed large in southern minds” (Marnell, pp. 63-64).

The theology of the established churches in Massachusetts, Connecticut, and New Hampshire led to a combining of church and state; infant baptism; taxing for payment of clergy, church charities, and other church expenses; persecution of dissenters such as Baptists; and many other unscriptural practices (William L. Lumpkin, Baptist Foundations in the South (Eugene, Oregon: Wipf & Stock Publishers, 2006), p. 1; Edmund S. Morgan, The Puritan Dilemma: The Story of John Winthrop (Boston, Mass., Toronto, Canada: Little, Brown and Company, 1958). Persecution of dissenters follows the example of the theocracy in Israel where, for example, Moses killed the three thousand who turned from the Lord into idolatry and immorality while he was on the mountain receiving the Ten Commandments (Ex. 32.27), and Elijah had the four hundred and fifty false prophets of Baal killed (1 K. 18.40).

The original settlers of Massachusetts were the Pilgrims who landed at what was to become Plymouth, Massachusetts in 1620. The Pilgrims were Separatists in England who had left the Church of England in the Autumn of 1608 and formed their own church. They were considered dangerous radicals by the Bishops of the Church of England. “They believed that the Reformation had not gone far enough, that the Reformers had assumed an infallibility no more palatable when lodged in a ruler than when lodged in the Pope, that the Church of England had rejected the Pope but not Popery, that the bishops of the Church of England had no more authority than the bishops of the Church of Rome” (Marnell, p. 44).

Under James I, the Bishops were given a free hand to suppress the less than a thousand Separatists before they got out of hand. Peter Marshall and David Manuel, who approved of the persecutions of the dissenters by the Puritan established churches in the colonies, complained that these were “dedicated followers of the Lord” who were:

“hounded, bullied, forced to pay assessments to the Church of England, clapped into prison on trumped-up charges, and driven underground. They met in private homes, to which they came at staggered intervals and by different routes, because they were constantly being spied upon. In the little Midlands town of Scrooby, persecution finally reached the point where the congregation to which William Bradford belonged elected to follow those other Separatists who had already sought religious asylum in Holland” (Peter Marshall and David Manuel, The Light and the Glory, (Old Tappan, New Jersey: Fleming H. Revell Company, 1977), pp. 108-109).

As a result of the persecution in England, some Separatists went elsewhere, going first to Leyden, Holland. After over ten years of a hard life in Holland, they decided to try to go to America. They reached an agreement with an English merchant named Thomas Weston under which they were able to set sail. They could not obtain assurance of liberty of their consciences. “However, they determined at length to remove, depending on some general promises of connivance, if they behaved themselves peaceably, and hoping that the distance and remoteness of the place, as well as the public service they should do the King and Kingdom, would prevent their being disturbed” (Callender, p. 64).  One hundred and one Pilgrim souls sailed from Plymouth, England, on September 6, 1620, arriving at Cape Cod on November 11, 1620, and at a place they named Plymouth, in December, 1620 (Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 1 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), pp. 27-28). Upon arrival, they drafted the Mayflower Compact:

“In the name of God, amen. We whose names are under-written, the loyall subjects of our dread Soveraigne Lord King James by ye Grace of God of Great Britain, France, Ireland king, defender of the Faith, etc., having undertaken, for ye glorie of God, and advancemente of ye Christian faith and honour of our king & countrie, a voyage to plant ye first colonie in ye Northerne parts of Virginia, doe by these presents solemnly and mutually in ye presence of God, and one of another, covenant and combine our selves together into a civill body politick, for our better ordering & preservation & furtherance of the ends aforesaid; and by vertue hereof to enacte, constitute, and frame such just and equall lawes, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meete & convenient for the generall good of ye colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cap-Codd, ye 11. of November, in ye year of ye raigne of our soveraigne lord, King James of England, France, & Ireland, ye eighteenth, and by Scotland ye fiftie fourth. Ano: Dom. 1620.”

As a matter of human compassion, the Pilgrims were hospitable to all; and, at first, grudgingly tolerated those of other creeds. However, they gradually began to close their doors to those of other creeds. “Plymouth was a Church-State ruled by a governor and a small and highly select theological aristocracy, a Church-State with various grades of citizenship and non-citizenship” (Marnell, p. 48). By 1651 the government of Plymouth colony was enforcing the laws of Congregationalist Massachusetts. “By the time Plymouth was united with Massachusetts in 1691 all major differences between the two had disappeared” (Pfeffer, p. 66, citing Sanford H. Cobb, The Rise of Religious Liberty in America (New York: The McMillan Co., 1902), pp. 70-71).

The Pilgrims overcame much adversity, such as hunger, drought, and heat which caused their corn to wither, and the failure of delivery of much needed supplies from England (Backus, A History of New England…, Volume 1, pp. 28-29).  They increased to three hundred souls and obtained a patent from the New England Company on January 13, 1630. The comparative handful of Pilgrims who were eventually absorbed by the Puritans are much admired by Americans.

The Puritans, unlike the Pilgrims who wanted to separate from the Church of England, wanted to purify the Church from within. “The State, in their view, had the duty to maintain the true Church; but the State was in every way subordinate to the Church” (Marnell, p. 40).  King James I was far more belligerently opposed to the Calvinistic church-state than even Queen Elizabeth had been, and his “determination toward the Puritans was to make them conform or to harry them out of the land” (Ibid., p. 42).  The Puritans who suffered under the combined pressure of accelerated persecution and the advanced moral decay in their society began to flee England for the new world (Marshall and Manuel, The Light and the Glory, p. 146).  “There was no ground at all left them to hope for any condescension or indulgence to their scruples, but uniformity was pressed with harder measures than ever” (Callender, p. 66).  Cheating, double-dealing, the betrayal of one’s word were all part of the game for London’s financial district. Mercantile power brokers loved, honored, and worshipped money, and accumulated as much of it as possible and as fast as possible.  The ends justified the means. “London was an accurate spiritual barometer for the rest of the country, for England had become a nation without a soul” (Ibid., p. 148). England was morally awful, and this came about under the auspices of a state-church practicing its theology (Ibid., pp. 147-148).  1628 marked the beginning of the Great Migration that lasted sixteen years in which twenty thousand Puritans embarked for New England and forty-five thousand other Englishmen headed for Virginia, the West Indies, and points south (Ibid., p. 148).

A young Puritan minister named John Cotton preached a farewell sermon to the departing Puritans:

  • “He preached on 2 Samuel 7.10 (KJV): ‘Moreover, I will appoint a place for my people Israel, and will plant them, that they may dwell in a place of their own and move no more; neither shall the children of wickedness afflict them any more, as beforetime.’
  • “‘Go forth,’ Cotton exhorted, ‘… With a public spirit,’ with that ‘care of universal helpfulness…. Have a tender care … to your children, that they do not degenerate as the Israelites did….’
  • “Samuel Eliot Morison put it thus: ‘Cotton’s sermon was of a nature to inspire these new children of Israel with the belief that they were the Lord’s chosen people; destined, if they kept the covenant with Him, to people and fructify this new Canaan in the western wilderness’” (Ibid., p. 157).

The Puritans landed at Salem at the end of June, 1629. They were motivated by religious principles and purposes, seeking a home and a refuge from religious persecution (Roger Williams and Edward Bean Underhill, The Bloudy Tenent of Persecution for Cause of Conscience Discussed and Mr. Cotton’s Letter Examined and Answered (London: Printed for the Society, by J. Haddon, Castle Street, Finsbury, 1848), p. v).  Having suffered long for conscience sake, they came for religious freedom, for themselves only. “They believed [in] the doctrine of John Calvin, with some important modifications, in the church-state ruled on theocratic principles, and in full government regulation of economic life” (Marnell, p. 48). The Puritan churches “secretly call[ed] their mother a whore, not daring in America to join with their own mother’s children, though unexcommunicate: no, nor permit[ed] them to worship God after their consciences, and as their mother hath taught them this secretly and silently, they have a mind to do, which publicly they would seem to disclaim, and profess against” (Williams and Underhill, p. 244). In 1630, 1500 more persons arrived, several new settlements were formed, and the seat of government was fixed at Boston. Thinking not of toleration of others,” they were prepared to practice over other consciences the like tyranny to that from which they had fled” (Ibid., p. vii).

Although they differed from the Church of England and others on some doctrines, “[t]he Puritans brought 2 principles with them from their native country, in which they did not differ from others; which are, that natural birth, and the doings of men, can bring children into the Covenant of Grace; and, that it is right to enforce & support their own sentiments about religion with the magistrate’s sword” (Backus, A History of New England, Volume 1, pp. 34-35).

John Cotton was called upon to arrange the civil and ecclesiastical affairs of the colony (Williams and Underhill, p. xii).  They set up a ecclesiocracy in which no one could hold office who was not a member of an approved church (Backus, A History of New England…, Volume 1, p. 35; Williams and Underhill, pp. x-xi). “The civil laws were adjusted to the polity of the church, and while nominally distinct, they supported and assisted each other” (Williams and Underhill, pp. xii-xiii).

“‘It was requested of Mr. Cotton,’ says his descendant Cotton Mather, ‘that he would from the laws wherewith God governed his ancient people, form an abstract of such as were of a moral and lasting equity; which he performed as acceptably as judiciously….  He propounded unto them, an endeavour after a theocracy, as near as might be to that which was the glory of Israel, the peculiar people’”(Ibid., footnote 8, pp. xii-xiii, citing sources).

The goal of the Puritans was to build the Kingdom of God on Earth. Two modern day Covenant Theologians wrote:

  • “They determined to change their society in the only way that could make any lasting difference: by giving it a Christianity that worked. And this they set out to do, not by words but by example, in the one place where it was still possible to live the life to which Christ had called them: three thousand miles beyond the reach of the very Church they were seeking to purify.
  • “[T]he legacy of Puritan New England to this nation, which can still be found at the core of our American way of life, may be summed up in one word: covenant….  [O]n the night of the Last Supper, to those who were closest to Him, Jesus said, “This is my blood of the new covenant, which is poured out for many for forgiveness of sins…” (Marshall and Manuel, The Light and the Glory, p. 146).

Covenant cannot be found, as understood by the Puritan theologians, now or anytime in the past, at the core of our American way of life. The idea of covenant at the core of our American way of life was that of the Baptists as expressed by the Warren Association at the close of the War for Independence:

“The American Revolution is wholly built upon the doctrine, that all men are born with an equal right to what Providence gives them, and that all righteous government is founded in compact or covenant, which is equally binding upon the officers and members of each community…. And as surely as Christianity is true, Christ is the only lawgiver and head of his church…” (Isaac Backus, A History of New England With Particular Reference to the Denomination of Christians called Baptists, Volume 2 (Eugene, Oregon: Wipf & Stock Publishers, Previously published by Backus Historical Society, 1871), pp. 265-266).

Nor is there a biblical principle that allows a nation to covenant with God contrary to the principles laid down in God’s Word. The Puritans incorrectly believed that every nation is in covenant with the Lord to enforce his principles, all of them. They misunderstood the biblical teachings that God gives every nation a choice as to whether to follow His rules, and that nowhere in Scripture is there authority for a nation to initiate a non-biblical covenant with God. God alone initiated the Old Testament covenants to which He was a party, thereby, among other things, establishing Israel as a theocracy, and He made no such covenant with any other nation. All other nations, as is shown in Section I of God Betrayed which is reproduced on this website, are called Gentile, and are judged by God primarily based upon their treatment of Israel.

As has been pointed out, Covenant Theology asserts that there are only two covenants, or three, in the Bible, with the other covenants which came after the Covenant of Grace being only a continuation thereof. The Covenant of Law, according to the covenant theologian, was made in the Garden of Eden. Covenant Theology superimposes the New Testament over the Old. Herein lies some of the fatal flaws in this interpretation of the Bible. In the Puritan formulation of those covenants, the principles and practices of the nation Israel and the Jewish religion were applied to the church and state. As has been shown, this presents irreconcilable conflicts with Old and New Testament teachings concerning law and grace and the relationship of church and state.

God permits a mutual compact or covenant between a ruler or the rulers and the people—a covenant that does not include God and His principles and that is not initiated or ordained by God.  God allowed even the people of the theocracy of Israel to reject Him and, like the Gentile nations, to have a king (See 1 S. 8).  Isaac Backus taught as follows:

“Now the word of God plainly shows, that this way of mutual compact or covenant, is the only righteous foundation for civil government. For when Israel must needs have a king like the rest of the nations, and he indulged them in that request, yet neither Saul nor David, who were anointed by his immediate direction, ever assumed the regal power over the people, but by their free consent. And though the family of David had the clearest claim to hereditary succession that any family on earth ever had, yet, when ten of the twelve tribes revolted from his grandson, because he refused to comply with what they esteemed a reasonable proposal, and he had collected an army to bring them back by force, God warned him not to do it, and he obeyed him therein. Had these plain precedents been regarded in later times, what woes and miseries would they have prevented? But the history of all ages and nations shows, that when men have got the power into their hands, they often use it to gratify their own lusts, and recur to nature, religion or the constitution (as they think it will best serve) to carry, and yet cover, their wretched designs” (Backus, A History of New England…, Volume 1, APPENDIX B, p. 530).

The Puritan ideal is disproved by correct interpretation of the Word of God, by biblical history and prophecy, and secular history, including the history of the colony of Massachusetts. Israel, populated by God’s chosen race, was directly under God, yet the Israelites rejected His theocracy so that they could have a king like all the other nations. Israel fared ill when they did things their way and were ruled by kings. Under both God and king, Israel refused to do things God’s way, and rejected his commandments and statutes. After the death of King Solomon, the nation divided in two. All of the kings of the northern kingdom, Israel, were bad. The southern Kingdom, Judah, had twenty kings—eight were good (Mannessa started out bad, was judged of God, then did good, making him the only bad king in Judah or Israel to repent and turn from his wicked ways. See 2 K. 21.1-18; 2 Chr. 33.1-20.) and twelve were bad.  Both Israel and Judah, in accord with God’s philosophy of history, experienced religious apostasy, moral awfulness, and political anarchy. They failed to keep the commandments and statutes of God and were taken into captivity as a result.

The Puritans failed to correctly interpret both the Old and New Testaments and secular history which clearly show that all nations that have ever existed have been judged by God, are in the process of being judged by God, or will be judged by God. They misinterpreted prophecy concerning the end times to say that the church, working hand in hand with the state will establish the kingdom of heaven on earth. Oh, had and would they (have) realize(d) that the New Covenant for the church had so much better promises and procedures than the Old Testament covenants. “But now hath he [Jesus Christ] obtained a more excellent ministry, by how much also he is the mediator of a better covenant, which was established upon better promises” (He. 8.6; See all of He. 8).

The Puritans wrongly, but truly, believed they could build the Kingdom of God on earth, in their lifetime—all they needed, they felt, was “the right time, the right place, and the right people” who “were willing to commit themselves totally” (Marshall and Manuel, The Light and the Glory,  pp. 145-146).  The Puritans did not realize that the philosophy of history in the Bible and the basic nature of man rendered their goal impossible. God describes the cycle of every civil government, Jewish and Gentile.

  • “The book of Judges is a philosophy of history. ‘Righteousness exalteth a nation; but sin is a reproach to any people’ (Proverbs 14.34)” (J. Vernon McGee, Joshua and Judges (Pasadena, California: Thru the Bible Books, 1980), p. 111).
  • “We see that philosophy in the book of Judges. Israel at first, for a short time, served God.  Then they did evil in the sight of the Lord and served Baal and Ashtaroth. The anger of the Lord was hot against Israel, and He delivered them into the hands of their enemies. Israel then entered into a time of servitude. Israel cried out to God in their plight and distress.  They turned to God and repented. God heard their prayers and raised up judges through whom they were delivered.
  • “This cycle was repeated over and over. The book of Isaiah opens with God giving his philosophy of history.  Isaiah outlines three steps that cause the downfall of a nation: (1) spiritual apostasy, (2) moral awfulness, (3) and political anarchy” (Ibid., pp. 112-113)
  • “Every nation goes down in this order: (1) religious apostasy; (2) moral awfulness; (3) political anarchy. Deterioration begins in the [church], then to the home, and finally to the state.  That is the way a nation falls” (Ibid, pp. 113, 203).
  • “In Judges 17-21, we have presented that philosophy of history [that was mentioned above]. In Judges 17-18, we see spiritual apostasy. In Judges 19, we see moral awfulness.  In Judges 20-21, we see political anarchy. This period ends in total national corruption and confusion. ‘In those days there was no king in Israel; every man did that which was right in his own eyes. (Judges 21.25)’ (Ibid., pp. 203-214).
  • “If you want to know just how up-to-date the book of Judges is, listen to the words of the late General Douglas McArthur: ‘In this day of gathering storms, as moral deterioration of political power spreads its growing infection, it is essential that every spiritual force be mobilized to defend and preserve the religious base upon which this nation is founded; for it has been that base which has been the motivating impulse to our moral and national growth.  History fails to record a single precedent in which nations subject to moral decay have not passed into political and economic decline.  There has been either a spiritual reawakening to overcome the moral lapse, or a progressive deterioration leading to ultimate national disaster’” (Ibid., p. 113).

All nations, prior to the establishment of the kingdom of heaven, are doomed to judgment because of the depravity of man which always seeks the lowest common denominator, the principles of the god of this world. As to the nature of man, the Word of God points out that “all have sinned and come short of the glory of God” (Ro. 3.23. The fact of the depravity of man is shown throughout the Bible.).  Even after salvation, men have a great struggle with the flesh. False teachers from within and without the church immediately began to introduce heresy and apostasy into the first churches. God’s people, led by compromising pastors, have been deceived by many pernicious doctrines. The church, as is shown in Section II of God Betrayed and which is reproduced on this website, will become lukewarm before the rapture and many professing members of the church will be unregenerate.

The Puritans felt that they were dedicated to serving the Lord and to doing things His way. They believed that they could set up a civil government modeled after biblical principles. They did not realize that even should they have been upright in God’s eyes, future leaders would depart from the faith and lead the  church and the civil government downhill into depravity just as happened in Israel and in all church-state marriages starting with the Catholics and up to the established churches after the Reformation, including the Church of England from which they were fleeing.


IV. The application of the Puritan theology results in persecution of dissenters (banishment, jail, confiscation of personal property, unjust taxes, hanging, etc.); the results of the theology of the Puritans which soon came to fruition

Soon after the founding of Massachusetts, events there proved the folly of their false theology and the truth of accurate biblical and historical interpretation. As Isaac Backus reported, by 1660 or 1670 Puritan theologians and pastors in New England were pointing out the “general religious declension” that was already taking place as the first generation of settlers passed away (Backus, A History of New England…, Volume 1, pp. 457-464. Examples of what the religious leaders were saying are given in those pages).  “Mr. Willard published a discourse in the year 1700 entitled, ‘The Perils of the Times Displayed,’ in which he said:

  • “That there is a form of godliness among us is manifest; but the great inquiry is, whether there be not too much of a general denying of the power of it.  Whence else is it, that there be such things as these that follow, to be observed? that there is such a prevalency of so many immoralities among professors? that there is so little success of the gospel? How few thorough conversions [are] to be observed, how scarce and seldom…. It hath been a frequent observation that if one generation begins to decline, the next that follows usually grows worse, and so on, until God pours out his Spirit again upon them.  The decays which we do already languish under are sad; and what tokens are on our children, that it is like to be better hereafter…. How do young professors grow weary of the strict profession of their fathers, and become strong disputants for the [those] things which their progenitors forsook a pleasant land for the avoidance of.
  • “And forty years after, Mr. Prince said, ‘We have been generally growing worse and worse ever since.’  The greatest evils that [the founders of New England] came here to avoid were the mixture of worthy and unworthy communicants in the churches, and the tyranny of secular and ministerial Courts over them; but these evils were now coming in like a flood upon New England” (Ibid., p. 461).

The Halfway Covenant, established by the Massachusetts synod in 1662, was witness to the spiritual decline of the Puritan Congregationalist church. This resulted in a large number of church members being baptized into the church without conversion. Any person who professed belief in the doctrines of Calvinism and who lived an upright, moral life was allowed to join the parish church and sign the covenant or membership contract. Such persons were only allowed halfway into the church—they could have their children baptized but they could not take communion or vote in church affairs. This was the method practiced in the church to which Isaac Backus’ parents belonged (Ibid., pp. 264-268; Lumpkin, pp. 1-2; William G. McLoughlin, Isaac Backus and the American Piestic Tradition (Boston: Little, Brown and Company, 1967), pp. 5-6).

The Puritans, unlike the Separatists, although continuing to acknowledge canonical authority, desired to purify the church from within. Puritans were enlisted by the Massachusetts Bay Company, a trading corporation with powers of ownership and government over a specified area. The leaders of this company devised a plan to effectively remove the colony of Massachusetts from control of the Crown (Mark Douglas McGarvie, One Nation Under Law: America’s Early National Struggles to Separate Church and State (DeKalb, Illinois: Northern Illinois University Press, 2005), p. 46). Their purpose was to become a self-governing commonwealth able to enforce the laws of God and win divine favor—a citadel of God’s chosen people, a spearhead of world Protestantism, a government of Christ (Ibid., pp. 46-47, 48).  They believed this was a common goal which all must seek together, with church and state working side by side (Ibid., p. 132).  They believed that the pure church they intended to establish in New England would someday, somehow, rescue its English parent from the mire of corruption (Ibid., p. 51).

Since the Puritans believed that every nation existed by virtue of a covenant with God in which it promised to obey His commands, as a modern legal scholar has pointed out, “They knew, in the most elementary terms, that they must punish every sin committed in Massachusetts. And punish they did, with the eager cooperation of the whole community, who knew that sin unpunished might expose them all the wrath of God” (Ibid., p. 71) Sins punished included those in the first four commandments, those dealing strictly with man’s relationship to God, as well as other sins, including those dealing with man’s relationship to man. Thus, the churches were thronged every Sunday with willing and unwilling worshipers—everyone was required to attend (Ibid.). Although the church could not enforce the commandments, the state, which was charged with the colony’s commission, had the final and supreme responsibility for suppressing heresy as well as drunkenness and theft and murder (Ibid., p. 82).

In 1629 the trading company in Massachusetts was transformed into a commonwealth (Ibid., pp. 84-100). According to the Puritan theology of these early Massachusetts settlers, after the people joined in covenant with God, agreeing to be bound by his laws, they had to establish a government to see those laws enforced, for they did not have enough virtue to carry out their agreement without the compulsive force of government (Ibid., p. 93).

  • “[They] soon discovered themselves as fond of uniformity, and as loath to allow liberty of conscience to such as differed from themselves, as those from whose power they had fled. Notwithstanding all their sufferings and complaints in England, they seemed incapable of mutual forbearance; perhaps they were afraid of provoking the higher powers at home, if they countenanced other sects; and perhaps those who differed from them took the more freedom, in venting and pressing their peculiar opinions, from the safety and protection they expected, under a charter that had granted liberty of conscience.
  • “In reality, the true grounds of liberty of conscience were not then known, or embraced by any sect or party of Christians; all parties seemed to think that as they only were in the possession of the truth, so they alone had a right to restrain, and crush all other opinions, which they respectively called error and heresy, where they were the most numerous and powerful; and in other places they pleaded a title to liberty and freedom of their consciences. And yet, at the same time, all would disclaim persecution for conscience sake, which has something in it so unjust and absurd, so cruel and impious, that all men are ashamed of the least imputation of it. A pretence of public peace, the preservation of the Church of Christ from infection, and the obstinacy of the heretics, are always made use of, to excuse and justify that, which stripped of all disguises, and called by its true name, the light of nature, and the laws of Christ Jesus condemn and forbid, in the most plain and solemn manner…” (Callender, pp. 69-70).

After arriving in Massachusetts, they quickly formed churches. Mainly under the leadership of the Reverend John Cotton, they arranged ecclesiastical and state matters. “Whatever he delivered in the pulpit was soon put into an order of court, if of a civil, or set up as a practice in the church, if of an ecclesiastical concernment” (Backus, A History of New England…, Volume 1, p. 33).  The established Congregational church differed from other churches in four main points:

  1. “The visible church was to consist of those who made an open profession of faith, and did not ‘scandalize their profession by an unchristian conversation.’
  2. “A particular visible church should preferably explicitly covenant to walk together in their Christian communion, according to the rules of the gospel.
  3. “Any particular church ought not to be larger in number than needed to meet in one place for the enjoyment of all the same numerical ordinances and celebrating of divine worship, nor fewer than may conveniently carry on church work.
  4. “Each particular church was subject to no other jurisdiction (Ibid., pp. 33-34).

“But this people brought two other principles with them from their native country, in which they did not differ from others; which are, that natural birth, and the doings of men, can bring children into to the Covenant of Grace; and, that it is right to enforce and support their own sentiments about religion with the magistrate’s sword(Ibid., pp. 34-35).”  Compulsive uniformity “was planted at a General Court in Boston, May 18, 1631 when it was ordered that no one could be admitted ‘to the freedom of [the] body politic’ who was not a member of a church” (Ibid., p. 35).  “This test in after times had such influence, that he who ‘did not conform, was deprived of more civil privileges than a nonconformist is deprived of by the test in England’” (Ibid., p. 35). Since rulers, however selected, received their authority from God, not from the people, and were accountable to God, not to the people, their business was to enforce the nation’s covenant with God (McGarvie, p. 94). Ministers were not to seek or hold public office, but were counted on to give the people sound advice and to instruct them about the kind of men who were best fitted to rule (Ibid., pp. 95-96).  Although only church members had political rights, this was a larger group than had political rights in England (Ibid., p. 92).

By 1635, the General Court regulated the affairs of the local churches and passed on the qualifications of preachers and elders, since:

“[t]he civil authority … hath the power and liberty to see the peace, ordinances, and rules of Christ observed in every Church, according to His word…. It is the duty of the Christian magistrate to take care that the people be fed with wholesome and sound doctrine” (Pfeffer, p. 66).

The Court continued to put its theology into force by act of law. At the General Assembly held March 3, 1636, it was held (1) that no church would form and meet without informing the magistrates and elders of the majority of the churches of their intentions and gaining their approval and (2) that no one who was a member of a church not approved by the magistrates and the majority of state-churches would be admitted to the freedom of the commonwealth (Backus, A History of New England…, Volume 1, p. 61).

Soon thereafter, the Court passed an act that stated that they were entreated to make “a draught of laws agreeable to the Word of God, which may be the fundamentals of this commonwealth, and to present the same to the next General Court,” and that “in the mean time the magistrates and their associates shall proceed in the courts to hear and determine all causes according to the laws now established, and where there is no law, then as near the laws of God as they can” (Ibid., pp. 62-63). This act immediately led to the persecution by banishment, disfranchisement and the forbidding of speaking certain things, removal from public office, fines, and the confiscation of arms (Ibid., pp. 64-70).  Soon to that act was added that anyone convicted of defaming any court, “or the sentence or proceedings of the same, or any of the magistrates or other judges of any such court, would be punished by ‘fine, imprisonment, or disfranchisement of banishment, as the quality and measure of the offence shall deserve’” (Ibid., pp. 69-70).

The banishment and the voluntary exile of many dissidents “did not put an end to the unhappy divisions and contentions in [] Massachusetts” (Callender, p. 75).  As a result of animosities and contentions between what were called the Legalists and the Familists or Antinomians, a synod was held, eighty erroneous opinions were presented, debated, and condemned; and a court was held which “banished a few of the chief persons, among those who were aspersed with those errors, and censured several that had been the most active, not it seems, for their holding those opinions, but for their pretended seditious carriage and behavior; and the church at Boston likewise excommunicated at least one of her members, not for those opinions, but for denying they ever held them, and the behavior which these heats occasioned”(Ibid., pp. 75-76).

On September 6, 1638, the Assembly at Boston made 2 laws: (1) anyone excommunicated lawfully from a church would, after six months and if not restored, be presented to the Court and there fined, imprisoned, banished or further “as their contempt and obstinacy upon full hearing shall deserve;” and (2) that every inhabitant would be taxed to pay for all common charges as well as for upholding the ordinances of the churches; and, if not so doing, would be compelled thereto by assessment and distress, to be levied by the constable or other officer of the town. The first law was repealed the next fall, but the second remained (Backus, A History of New England…, Volume 1, pp. 79-80).

On March 13, 1639, acts were passed which fined, disenfranchised if no repentance made, and/or committed certain men for certain acts or pronouncements against the established churches (Ibid., pp. 93-94). On November 13, 1644, the General Court passed an act which provided

“that if any person or persons, within this jurisdiction, shall either openly condemn or oppose the baptizing of infants, or go about secretly to seduce others from the approbation or use thereof, or shall purposely depart the congregation at the ministration of the ordinance, or shall deny the ordinance of magistry, or their lawful right and authority to make war, or to punish the outward breaches of the first table, and shall appear to the court willfully and obstinately to continue therein after due time and means of conviction, every such person or persons shall be sentenced to banishment” (Ibid., p. 126).

As to this law, Isaac Backus appropriately commented:

“A like method of treating the Baptists, in Courts, from pulpits and from the press has been handed down by tradition ever since.  And can we believe that men so knowing and virtuous in other respects, as men on that side have been, would have introduced and continued in a way of treating their neighbors, which is so unjust and scandalous, if they could have found better arguments to support that cause upon? I have diligently searched all the books, records and papers I could come at upon all sides, and have found a great number of instances of Baptists suffering for the above points that we own; but not one instance of the conviction of any member of a Baptist church in this country, in any Court, of the errors or evils which are inserted in this law to justify their making of it, and to render our denomination odious. Much has been said to exalt the characters of those good fathers; I have no desire of detracting from any of their virtues; but the better the men were, the  worse must be the principle that could  ensnare them in  such bad actions” (Ibid., p. 127).

In 1644 a law against the Baptists was passed asserting that the Anabaptists “have been the incendiaries of the commonwealths, and the infectors of persons in main matters of religion, and the troublers of churches in all places where they have been” (Ibid., p. 205).

In 1646 the General Court adopted the Act, imposing “banishment on any person denying the immortality of the soul, or the resurrection, or sin in the regenerate, or the need of repentance, or the baptism of infants, or ‘who shall purposely depart the congregation at the administration of that ordinance’ or endeavor to reduce others to any of these heresies.” Also, in 1646 an act against “contemptuous conduct toward’ preachers and nonattendance on divine service were made punishable, the former by ‘standing on a block four feet high’ having on the breast a placard with the words ‘An Open and Obstianate Contemner of God’s Holy Ordinances’” (Pfeffer, pp. 66-67, citing Cobb, pp. 176-177).

The magistrates passed a bill in March, 1646 which required “the calling a synod to settle … ecclesiastical affairs” (Backus, A History of New England…, Volume 1, p. 155), the synod to be convened not by command, but to motion only to the churches (This was agreed because some questioned the power of civil magistrates over the churches.). In August 1648 the synod met and “completed the Cambridge platform; the last article of which sa[id]:

  • “If any church, one or more, shall grow schismatical, rending itself from the communion of other churches, or shall walk incorrigibly or obstinately in any corrupt way of their own, contrary to the rule of the word; in such case the magistrate [Josh. 22,] is to put forth his coercive power, as the matter shall require.”

“This principle the Baptists and others felt the cruel effects of for many years after” (Ibid., p. 159).

The Assembly passed laws against gathering churches without the consent of the assembly, and another “wherein they enacted, ‘that no minister would be called unto office, without the approbation of some of the magistrates, as well as the neighboring churches’” (Ibid., fn. 1, p. 214).

In 1657 laws were passed which imposed fine or whipping on those who entertained a Quaker, required citizens to report Quakers, fined those who allowed Quakers to meet on their property, and fined anyone who brought in a Quaker or notorious heretic(Ibid., fn. 3, pp. 263-264). Although these laws were repealed on June 30, 1660, they were reenacted immediately, “with slight modifications, or to give place to new laws quite as oppressive” (Ibid.). In September, 1658, the Commissioners of the United Colonies recommended that all the New England colonies “make a law, that all Quakers formerly convicted and punished as such, shall (if they return again) be imprisoned, and forthwith banished or expelled out of the said jurisdiction, under pain of death” (Ibid., p. 253). In October 1658, the Assembly at Boston passed a law banishing “Quakers on pain of death” but no other colony passed such a law (Ibid., fn. 1, p. 249; pp. 254-255).

“Many [Quakers] were whipped, some were branded, and Holder, Copeland and Rouse, three single young men, had each his right ear cut off in the prison at Boston….”  Three of them who were banished, on pain of death returned again to Boston, and were condemned to die. Two of them, men, were executed. One, Mary Dyre, was released and sent away. She returned and was hanged on June 1, 1660. William Leddra was hanged on March 14, 1661. Charles II ordered that such persecutions cease, and that Quakers that offended were to be sent to England to be tried. “How justly then did Mr. Williams call the use of force in such affairs, ‘The bloody tenet!’” (Ibid., fn. 1, p. 252; pp. 258, 262-263, 265).

Members of the first Baptist church in Boston were imprisoned. Thomas Gould, Thomas Osborne, William Turner, Edward Drinker and John George were imprisoned for starting that Baptist church without approbation from other ministers and their rulers…. Isaac Backus recorded:

“But when their ministers were moved to exert such force against Baptists, though they saw the chief procurers of that sentence struck dead before the time came for its execution, and many more of them about that time, yet their posterity have approved their sayings even to this day. Robert Mascall of England wrote his Congregationalist brethren in Massachusetts pointing out that they, in England, admitted those who practiced believer’s baptism to their churches as required by the Love of God, that their persecutions of the Baptists were contrary to Scripture, that they themselves had been persecuted, and now their brethren were persecuting so that ‘Whatever you can plead for yourselves against those that persecute you, those whom you persecute may plead for themselves against you,’ and ‘Whatever you can say against these poor men, your enemies say against you;’ that ‘[Y]ou cast a reproach upon us, that are Congregational in England, and furnish our adversaries with weapons against us;” and ‘Persecution is bad in wicked men, but it is most abominable in good men, who have suffered and pleaded for liberty of conscience themselves’” (Ibid., pp. 287, 298, 299, 311-313).

The persecutions of the Baptists in Massachusetts for withdrawing from public meetings continued.

“On May 15, 1672, the Assembly ordered their law-book to be revised and reprinted.” In it, banishment was required for those who broached and maintained any damnable heresies among which were denying justification by faith alone, denial of the fourth commandment, condemnation of or opposition to infant baptism, denial of the power of the magistrate to punish breaches of the first four commandments, and endeavoring to influence others to any of the errors and heresies mentioned in the law (Ibid. pp. 321-322).

After some Baptists organized a church in Boston, and erected a meeting house there, the General Court ordered:

“That no persons whatever, without the consent of the freemen of the town where they live, first orderly had, and obtained, at a public meeting assembled for that end, and license of the County Court, or in defect of such consent, a license by the special order of the General Court, shall erect or make use of any house as above said; and in case any person or persons shall be convicted of transgressing this law, every such house or houses wherein such persons shall so meet more than three times, with the land whereon such house or houses stand, and all private ways leading thereto, shall be forfeited to the use of the county, and disposed of by the County Treasurer, by sale or demolishing, as the Court that gives judgment in the case shall order” (Ibid., pp. 383-384).

However, a special act was procured to exempt Boston “from any compulsive power for the support of any religious ministers.” As a result, the Baptist church in Boston, which had begun in 1665, was able to build a meeting-house (Backus, A History of New England…, Volume 2, p. 418).  Thus Baptist churches in Boston had equal liberties with other denominations since 1693, but this liberty was denied throughout the rest of Massachusetts (Ibid., p. 424).

As a result of these repressive laws, the king of England sent a letter requiring that liberty of conscience should be allowed to all Protestants, that they be allowed to take part in the government, and not be fined, subjected to forfeiture, or other incapacities, “whereas,” he said, “liberty of conscience was made a [one] principle motive for your first transportation to these parts” (Backus, A History of New England…, Volume 1, p. 384).

Soon a synod was called which condemned Quakers and Anabaptists. The General Court agreed. The magistrates had the doors of the Baptist meeting house boarded up, fined some of their members, forbade the Baptists to meet anywhere else, and fined some who were found to have gone to Baptist meetings. Following this came much controversy between the Baptists and the establishment(Ibid., pp. 384-404).

The established church ignored pleas to leniency toward those with whom it disagreed. For example, they ignored the plea Sir Henry Vane wrote John Winthrop, governor of Massachusetts, in 1645: “The exercise and troubles which God is pleased to lay upon these kingdoms, and the inhabitants in them teaches us patience and forbearance one with another in some measure, though there be difference in our opinions, which makes me hope that, from the experience here, it may also be derived to yourselves…” (Ibid., p. 147).

Because of their strong bias, the Congregationalists wrote much against the dissenters, their method being asserting the disputed point taken by them:

“for truth, without any evidence, they blended that with many known facts recorded in Scripture, and thereupon rank the opposers to that point with the old serpent the devil and Satan, and with his instruments Cain, Pharoah, Herod, and other murderers; yea, with such as sacrifice their children to devils! This history contains abundant evidence of their adding the magistrate’s sword to all these hard words, which were used in their prefaces before they came to any of the Baptists arguments” (Ibid., p. 151. Mr. Backus gives examples of such establishment arguments on pp. 148-150. On pp. 151-153 he thoroughly debunks the argument for infant baptism as well as arguments that the subjects of the new covenant are the same.  For example, Backus points out that “God says his new covenant is not according to that he made with Israel. Heb. viii. 8-11…. By divine institution a whole family and a whole nation were then taken into covenant; now none are added to the church by the Lord but believers who shall be saved. Acts ii.41, 47….”).


V. The atmosphere in Massachusetts begins to shift toward toleration and even freedom of tolerance; the second Massachusetts charter which provided for freedom of conscience to all Christians except Papists was secured in 1691; nonetheless, only in Boston was freedom of conscience honored; establishment remained in Massachusetts until 1733

The atmosphere in Massachusetts, amidst the persecutions and debate of the issues, began to shift toward toleration and even freedom of conscience. Even Governor John Winthrop, who had been a leader of the Puritans from the beginning of the colony, refused on his death bed in 1649 to sign a warrant to banish a Welsh minister, “saying, ‘I have had my hand too much in such things already’” (Ibid., p. 436).  “The second Massachusetts charter, which was dated October 7, 1691, allowed equal liberty of conscience to all Christians, except Papists” (Ibid., p. 445).

Many of the establishment resisted the allowance of liberty of conscience contained in the 1691 charter. The ministers of the established churches construed the liberty of conscience provided for in the 1691 charter to mean “that the General Court might, by laws, encourage and protect that religion which is the general profession of the inhabitants” (Ibid., APPENDIX B, p. 532).  “For thirty-six years after … Massachusetts received [the 1691 charter], they exerted all their power, both in their legislative and executive courts, with every art that ministers could help them to, in attempts to compel every town to receive and support such ministers as they called orthodox.” Thus, despite the new charter, on October 12, 1692, in 1695, 1715, and 1723, the Assembly in Massachusetts enacted new laws requiring that every town provide a minister to be chosen and supported by all the inhabitants of the town, gave the Assembly and General Court power to determine, upon recommendation of three approved ministers, the pastor of a church, and a law requiring the towns of Dartmouth and Tiverton to tax to support ministers.  In 1693, the 1692 law was changed to allow each church to choose its own minister and exempted Boston from the requirement that all citizens be taxed to support that pastor (Ibid., pp. 446-448, 499-505).

Thus, equal religious liberty was enjoyed in Boston, but was denied in the country. Many, including Baptists and Quakers, were taxed to support paedobaptist ministers. Those who did not pay the tax were imprisoned for failing to pay the tax, and some officials were taxed for failing to assess the tax. The cattle, horses, sheep, corn, and household goods of Quakers were from time to time taken from them by violence to support the approved ministers. In 1723, Richard Partridge presented a memorial to King George requesting that inasmuch as the Massachusetts charter allowed equal liberty of conscience to all Christians except Papists, the laws contravening the charter be declared null and void, and the prisoners who refused to pay the tax be released. In 1724, the King ordered that the prisoners be released and the taxes remitted. The Massachusetts assembly passed an act in November 1724 requiring the release of the prisoners held for failing to assess the tax (Ibid., pp. 501-505, n. 1 pp. 501-503).

In 1728, the Assembly passed a law exempting poll tax for ministerial support and forbidding imprisonment of those Baptists and Quakers, who gave their names and regularly attended their church meetings, for failure to pay ministerial taxes assessed on their “estates or faculty.” In November 1729, an act was added that exempted their estates and faculties also, under the same conditions (Ibid., pp. 517-519 and appendix B, pp. 534-535).

The law exempting Baptists was renewed when it expired and persecutions continued. The law exempting taxes to Baptists expired in 1747, but was renewed for ten years. Nonetheless, the establishment found ways to persecute members of Baptist churches in various towns in Massachusetts for not paying the tax—some imprisoned, and property such as cows, geese, swine, oxen, cooking utensils, implements of occupation such as carpenter’s tools and spinning wheel, etc. of some was confiscated (Backus, A History of New England…, Volume 2, pp. 94-98 and fn. 1, p. 97).  The law expired in 1757, but a new one to continue in force thirteen years was made which exempted Baptists and Quakers if certain requirements were met. The law was renewed in 1771, even though Isaac Backus wrote Samuel Adams, never a supporter of separation of church and state, warning that the Baptists “might carry their complaints before those who would be glad to hear that the Legislature of Massachusetts deny to their fellow servants that liberty which they so earnestly insist upon for themselves’” (McLoughlin, The American Pietistic Tradition, p. 128). Isaac Backus said of the oppressions under this law, “[N]o tongue nor pen can fully describe all the evils that were practiced under it” (Backus, A History of New England…, Volume 2, p. 141). Baptists, including single mothers with children, were unjustly taxed in violation of the law, property was unjustly taken from Baptists to pay established ministers, lies were disseminated about Baptists and their beliefs, and courts of law conducted grossly unfair trials and rendered obviously unjust opinions against Baptists (Ibid., pp. 141-166).

In 1786 the legislature passed a law which allowed each town to tax for the support of ministry, schools, and the poor, and other necessary charges arising within the same town.  This tax resulted in collectors’ efforts to get their taxes, which caused much business in courts, and a great increase in lawyers. Some citizens arose in arms but were subdued by force of arms. Before fourteen men who were condemned for their rebellion could be hanged, the Governor and over half the legislature were voted out and the men were all pardoned (Ibid., pp. 330-331).

On February 6, 1788, delegates from Massachusetts who were meeting in Boston voted to adopt the newly drafted and proposed constitution for the states. One of the greatest objections against it had been that no religious test for any government officer was required. During debate, prior to adoption, a Congregational minister, Reverend Philips Payson, of Chelsea, arose and said, “… I infer that God alone is the God of the conscience, and consequently, attempts to erect human tribunals for the consciences of men, are impious encroachments upon the prerogatives of God” (Ibid., p. 336).  Isaac Backus arose also and said:

“Nothing is more evident, both in reason, and in the Holy Scriptures, than that religion is ever a matter between God and individuals; and therefore no man or men can impose any religious test, without invading the essential prerogatives of our Lord Jesus Christ. Ministers first assumed this power under the Christian name; and then Constantine approved of the practice, when he adopted the profession of Christianity as an engine of State policy. And let the history of all nations be searched, from that day to this, and it will appear that the imposing of religious tests hath been the greatest engine of tyranny in the world…. The covenant of circumcision gave the seed of Abraham a right to destroy the inhabitants of Canaan, and to take their houses, vineyards, and all their estates as their own; and also to buy and hold others as servants.  And as Christian privileges are much greater than those of the Hebrews were, many have imagined that they had a right to seize upon the lands of the heathen, and to destroy or enslave them as far as they could extend their power.  And from thence the mystery of iniquity carried many into the practice of making merchandise of slaves and souls of men” (Ibid.).

By 1794, very few if any were collecting taxes to pay ministers (Ibid., p. 379), but establishment remained in Massachusetts until 1833.

The First Amendment to the United States Constitution did not prevent establishment on the state level. Opponents of establishment in Massachusetts never gained a majority. Rather, law, under the contract clause of Article I, Section 10 of the Constitution of the United States of America proved to be the tool used by the legal system to bring about disestablishment in that state. Massachusetts held a constitutional convention in 1820, but declined to eliminate a religious test for officeholders, control of Harvard, and public support for religion. However,

“[i]n 1821, the Massachusetts Supreme Court, in [Baker v. Fales, 16 Mass. 487 (1821) (known as the Dedham case),] a holding consistent with the Supreme Court of the United States in Trustees of Dartmouth College v. Woodward, 17 U.S. (3 Wheat) 1 (1819), ruled that only corporations could hold property, not amorphous societies of believers. Only in response to these court decisions did the citizens support disestablishment, putting all the churches on equal footing in 1833. Contract law succeeded where politics would not, in overcoming support of religion (McGarvie, pp. 17-18).”

It should be noted that even with disestablishment, a church was not forced to incorporate and other methods of possessing (not owning) property on which to assemble as a body of believers were available. In reality as shown in Section II of God Betrayed which is reproduced on this website, a true church is a spiritual, not an earthly, entity. Therefore, a New Testament church cannot own property. Said another way, an entity that owns property cannot be a New Testament church. This concept is developed further in Section VI.

Legal Explanation of Incorporation of Churches


Jerald Finney
Born Again Attorney at Law
Copyright © December 10, 2012


Note. This is a modified version of Section VI, Chapter 2 of God Betrayed: Separation of Church and State/The Biblical Principles and the American Applicationand Chapter 3 of Separation of Church and State/God’s Churches: Spiritual or Legal Entities.


JamesMadisonOnC&SWhat is a corporation? Non-profit corporations, except for the non-profit part, are the same as for profit corporations.

President James Madison understood that incorporation of churches exceeds the authority of civil government and violates the First Amendment. Therefore, on February 21, 1811 he vetoed a bill entitled “An Act incorporating the Protestant Episcopal Church in the town of Alexander, in the District of Columbia,” the District of Columbia being under federal jurisdiction. He returned the bill with the following objections:

  • Because the bill exceeds the rightful authority to which governments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares ‘Congress shall make no law respecting a religious establishment.
  • “The bill enacts into and establishes by law sundry rules and proceedings relative purely to the organization and policy of the church incorporated, and comprehending even the election and removal of the minister of the same, so that no change could be made therein by the particular society or by the general church of which it is a member, and whose authority it recognizes.
  • “This particular church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration. Nor can it be considered that the articles thus established are to be taken as the descriptive criteria only of the corporate identity of the society, inasmuch as this identity must depend on other characteristics, as the regulations established are in general unessential and alterable according to the principles and canons by which churches of the denomination govern themselves, and as the injunctions and prohibitions contained in the regulations would be enforced by the penal consequences applicable to the violation of them according to the local law…”

(Norman Cousins, In God We Trust (Kingsport, Tennessee: Kingsport Press, Inc., 1958), p. 317; also quoted in a book Edited by Lenni Brenner, Jefferson and Madison on Separation of Church and State (Fort Lee, New Jersey: Barricade Books, 2004), p. 198; read the rest of the story online at: http://www.constitution.org/jm/jm_estab.htm). Read his objections online by clicking here. For more, click here.

“Christian” churches, wiccan churches, planned parenthood, and all kinds of organizations incorporate.

A church can choose to incorporate. However, a New Testament church (a church organized according to New Testament church doctrine), a church under Christ alone, cannot also be a corporation. This is because a corporation is legal entity created, designed, and organized by statute:

  • “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. As a mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence; these are such as are supposed best calculated to effect the object for which they were created. It is essentially the legal identity of a set of contractual obligations and entitlements. See Corporation: A Human Being with No Soul.
  • PlannedParenthood_2“A corporation is not a natural person but rather an artificial person, that is, a legal fiction or a creature of statute.
  • “The attributes of a corporation may include the capacity of perpetual succession, the power to sue or be sued in the corporate name, the power to acquire or transfer property and do other acts in the corporate name, the power to purchase and hold real estate, the power to have a common seal, and the power to make bylaws for internal government. The incorporator’s choice of a particular statutory framework for incorporation is not dispositive of the corporation’s nature and status; the corporation’s declared objects and purposes are determinative” (18 AM. JUR. 2D Corporations § 1 (2007)).

4The sovereign of the corporation is the state:

  • “No corporation can exist without the consent or grant of the sovereign, since the corporation is a creature of the state and derives its powers by legislative grant. The power to create corporations is one of the attributes of sovereignty. There is no inherent right to conduct business as a corporation. The right to act as a corporation does not belong to citizens by common right, but is a special privilege conferred by the sovereign power of the state or nation. Until there is a grant of that right, whether by a special charter or under a general law, there can be no corporation. Any means of incorporation that a state sees fit to adopt are appropriate.
  • “The right to conduct business as a corporation, being a privilege, may be withheld by the state, or may be made subject to appropriate terms and restrictions. Because the granting of the privilege to be a corporation and to do business in that form rests entirely in the state’s discretion, a state is justified in imposing such conditions on that privilege as it deems necessary, so long as those conditions are not imposed in a discriminatory manner.
  • “Reminder: The law of the jurisdiction in which a corporation is organized governs who may form a corporation, how it is formed, and the powers it will have after it is formed.”

18A AM. JUR. 2D Corporations § 156 (2007). [Emphasis added.]

Throughout American corporate law, the state is referred to as sovereign of the corporation. A corporation is a product of civil law:

“The right to act as a corporation is a special privilege conferred by the sovereign power, and until there is a grant of such right, whether by special charter or under general law, there can be no corporation. The existence and legal characteristics of a corporation are matters governed by state law. The commencement of corporate existence depends on the terms of the statute under which the corporation is created. As a general rule, the existence of corporations formed under general laws commences when there has been a substantial compliance with the conditions precedent prescribed by the statutes. Frequently, the filing of the articles of incorporation is specified as the act in the process of incorporation from and after which the corporation exists as a separate legal entity” (Ibid. § 74). [Emphasis added.]

“Sovereign” means: “2 a : possessed of supreme power <[sovereign]ruler> b unlimited in extent : ABSOLUTE” (BLACK’S LAW DICTIONARY 1125 (6th ed. 1990), definition of “sovereign.”).

By incorporating, a church becomes a monstrosity with two heads which are at odds with one another. The sovereign state is at least partially over an incorporated church who is an invention of civil government. No principle in the Bible supports church incorporation; instead, biblical principle is contrary to church incorporation (The subject of the biblical appropriateness of incorporation other than incorporation of churches is not addressed in this book. However, certain biblical teachings seem to indicate that the combining of power into any type of corporation is not approved by God. For example, the combining of power at the Tower of Babel resulted in a confusion of languages and a dispersion of mankind. The only combined power approved by God was that of the civil government of a nation, and God gave civil government guidelines and jurisdictional boundaries which civil government has never honored. God divided the world into many nations so that a world government would not have the combined power to totally control the world under one government which would be effectively guided by Satan with no checks to his power. God did not give civil government the authority to create corporations.). God is the only Head or Sovereign over a New Testament church.

Since the (Trustees of Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518, 4 L.Ed. 629 (1819)(hereinafter Dartmouth College), which solidified existing principles, the basic principles regarding incorporation of churches have not changed:

  • A corporation is defined as “An artificial person or legal entity created by or under the authority of the laws of the state. An association of persons created by statute as a legal entity. The law treats the corporation itself as a person which can sue and be sued. The corporation is distinct from the individuals who comprise it (shareholders). The corporation survives the death of its investors, as the shares can be transferred. Such entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members, and which is, by the same authority, vested with the capacity of continuous succession, irrespective of changes in its membership, either in perpetuity or for a limited term of years, and of acting as a unit or single individual in matters relating to the common purpose of the association, within the scope of the powers and authorities conferred upon such bodies by law. Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518, 536, 657, 4 L.Ed. 629; U.S. v. Trinidad Coal Co., 137 U.S. 160, 11 S.Ct. 57, 34 L.Ed. 640…. See Corporation: A Human Being with No Soul.
  • “[Corporations are classified as public and private.] A public corporation is one created by the state for political purposes and to act as an agency in the administration of civil government, generally within a particular territory or subdivision of the state, and usually invested, for that purpose, with subordinate and local powers of legislation; such as a county, city, town, or school district. These are also sometimes called ‘political corporations.’ …
    “Private corporations are those founded by and composed of private individuals, for private purposes, as distinguished from governmental purposes, and having no political or governmental franchises or duties.
  • “… [T]he fact that the business or operations of a corporation may directly and very extensively affect the general public (as in the case of a railroad company or a bank or an insurance company) is no reason for calling it a public corporation. If organized by private persons for their own advantage,—or even if organized for the benefit of the public generally, as in the case of a free public hospital or other charitable institution,—it is none the less a private corporation if it does not possess governmental powers or functions. The uses may be in a sense be called ‘public,’ but the corporation is ‘private,’ as much as if the franchises were vested in a single person. Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518, 4 L.Ed. 629…. [Public corporations] are not voluntary associations [as private corporations are] and … there is no contractual relation between government and the individuals who compose [the public corporation as there is with the private corporation and the individuals who compose it.]” (BLACK’S LAW DICTIONARY 340 (6th ed. 1990), definition of “Corporation.”).

1Incorporation excludes God entirely as regards certain matters controlled by the contracts created by incorporation. God and His principles are not part of or included in any of those contracts. Instead of the agreements being between the covenanting entities and the covenanting entities and God, the agreements created are between the contracting entities (the members of the incorporated church), between each contracting entity and the state (each church member and the state), and between the entity thereby created and the state. Incorporation of a church and state marriage of man and woman create a contract which places an incorporated “church” or the state marriage of man and woman under the contract clause of Article I Section 10 of the United States Constitution: “The charter of a private corporation is a contract and entitled to protection under the provision of the Constitution of the United States prohibiting the several states from passing any law impairing the obligation of contract” (18 AM. JUR. 2D Corporations § 81 (2007)).  The contract clause reads in relevant part: “No State shall … pass any … Law impairing the Obligation of Contracts….”

“A corporate charter frequently is described as a contract of a threefold nature; that is, a contract between the state and the corporation, a contract between the corporation and its stockholders [or members if a private religious corporation], and a contract between the stockholders [or members] inter se. The charter also is spoken of as a contract between the state and the corporators” (Ibid.) The result of this contract is “an artificial person or legal entity created by or under the authority of the laws of the state, an association of persons created by statute as a legal entity” which can sue and be sued. God is not included in the contracts created by incorporation, nor does God desire to be included. That contract is outside His perfect will.

Other contracts are created by the bylaws of the corporation: contracts between the members or stockholders of a corporation, and contracts between the corporation and its members or its stockholders.

The multiple contracts created by the articles of incorporation and the bylaws entangle the incorporated church with earthly satanic concerns. Contract is a humanistic or enlightenment principle which has been used to attack and destroy, among other things, the God ordained institutions of marriage, family, church, and state:

“The idea of government remaining neutral over values coincided with the use of contract law as a means of restructuring society. Contract law accords the individuals to any bargain the right to assert their own goals, values, and priorities. The law enforces the bargain, not the values contained in it. Yet implicitly, contract law enforces individualism over communitarianism by its refusal to impose a communitarian ethic upon contracting parties” (Mark Douglas McGarvie, One Nation Under Law: America’s Early National Struggles to Separate Church and State (DeKalb, Illinois: Northern Illinois University Press, 2005), P. 86).

4The contract clause has been used by civil government to control and destroy the two basic institutions ordained by God—the family and the church—and the two types of marriages—the marriage of a man and a woman and the marriage of Christ and His church. The contract clause applies satanic principles in dealing with those two institutions and those two marriages. How? To answer succinctly, contract law leaves God and His principles out of the equation. Under contract law, two or more equal persons, alone and without God and His principles, supposedly, but not actually, form a contract of marriage as opposed to a biblical covenant in which God is an active party. Under contract law, a marriage is an agreement between two equal people with equal voices. Violation of the contract allows one or both parties to petition the sovereign for a divorce. Today, no violation of terms is needed—the state has provided for “no-fault” divorce. Thus, a spouse can petition the state for a divorce for no reason at all.

Under contract law, the family is treated as a democracy in which all members of a family, including the children, are to be equal with equal rights and equal voices. Innumerable numbers of good parents get caught up in state programs which teach “child abuse prevention.” These programs mix some truth with a lot of error. The overall effect is satanic. For example, “[in] 1987 in Texas, DHS [Department of Human Services] investigated 63,204 reports of suspected child abuse and neglect. Investigators confirmed physical abuse of 14,177 children”  (“Child Abuse Prevention Program” Manual, p. 6, used by the Austin Stress Clinic, Austin, Texas, in the mid-1990s).  The author handled two cases in the mid-1990s in which two Christian mothers were not only forced to take part in state indoctrination programs, but also were charged with criminal injury to a child, a third degree felony, for spanking their children with a switch on the behind. Both cases were successfully resolved, by the grace of God, without the children being taken, but both parents suffered extreme stress at the prospect of possibly losing their children. One case went to criminal trial. God gave the victory. The jury found the accused “not guilty,” but the injustice of her having to go through such an ordeal was tragic.  In neither of those cases did any abuse occur when judged from a biblical perspective. Yet those mothers were forced by the state to go through satanic counseling. Of the approximately 50,000 investigations that resulted in no confirmation of physical abuse in 1987 in Texas, one may safely assume that almost all or all of those parents had to take counseling ordered by the state.

Those forced to take such counseling are taught, among other things:

  • “In order to deal more effectively with the stresses in your life, you will need to have a plan for replacing physical discipline with more positive behaviors…. It hurts to get hit. When someone hits you, you learn that it is OK to hurt other people…. Children who are physically disciplined are more aggressive than other children. Violent criminals in prison have a much higher incidence of physical abuse and cruel punishment as children by their parents than the population in general…. When children see violence, they believe that violence is a way to resolve differences/problems…. CAPP staff believes that any form of violence and especially physical discipline have no place in raising children. They must be eliminated from your life. This may mean a drastic change in the way you think and how you discipline your kids…. Hitting children and causing them pain teaches children to be afraid of parents rather than to respect them…. Spanking may stop misbehavior for a while, but in time it loses its effect as a way to control behavior. Spanking may relieve a parent’s anger, but most parents feel guilty afterward. Some children learn to use that guilt to get all sorts of privileges after a spanking. As you can see, there are many reasons to stop abuse and physical discipline” (Ibid., pp. 3, 6, 8).
  • “Times have definitely changed since we were growing up as children. Most of us accepted our parents’ rules and orders without question. We just did what they told us to do. If we didn’t, we could probably expect a spanking. Why are things different now? Why do our kids challenge us with ‘NO’ and ‘WHY’ so effectively? And why can’t our response simply be ‘because I said so’ or a spanking?
  • “We may need to look at how society has changed since we’ve grown up to get some answers to our questions.
  • “When most of us were growing up, society had an order to how it operated. The president ruled the country, men were the heads of the households, whites and people of color were segregated, and fathers were disciplinarians. People did not question the ‘order’ of things. If they did, they were told to stay in line….
    “While we called it a democratic society, in many ways the majority of people (people of color, women, and children) were ruled by a minority (mostly white men). This is not really a democracy.
  • “[Movements mentioned that changed things.] Children also benefited from these movements. For centuries, children had been considered the property of their parents. They were supposed to respect their elders and follow their orders without question. Parents’ wishes were enforced through physical force. Children were often hurt both physically and emotionally by this….
  • “With the empowerment of other groups came questions about the rights of children. Laws about physical discipline and abuse were made. Children were no longer considered just ‘property’ but members of a democratic family with certain rights.
  • “How does a democratic family work? First and foremost, both parents and children are considered equal. They are considered equal in terms of individual worth and dignity. Both child and parent are entitled to receive love and respect. Thus, each must treat the other with love and respect.
  • “Secondly, in a democratic family, each person has a responsibility to make decisions for him/herself (within appropriate limits) and then to be accountable for the decisions that they make….
  • “Having a democratic family means taking more time to make decisions, encouraging opinions and listening to them, showing appreciation for good things people do, showing respect for personal territory, and showing interest and support for things that are important in people’s lives. It also means sharing power. But the end result is good: people feeling better about themselves and being able to ask for what they want appropriately” (Ibid., “CAPP PHILOSOPHY ON ABUSE AND PHYSICAL DISCIPLINE,” pp. 8-9.).

Any true Christian knowledgeable in biblical principles can readily discern the satanic principles in the above excerpts. Some truth is injected in a lot of false conclusory statements. Issues having nothing to do with discipline of children and the operation of a family are misconstrued, exaggerated, and inappropriately applied. Behind all this is a total lack of understanding of the nature of man and the applicability of the principles of the Sovereign, which, when properly understood and applied, bring positive consequences. Unfortunately, the human instruments who teach these concepts have been duped by a being whose goal is being realized in America. That goal is the removal of God and His Word from society, destruction of God’s crowning creation, man, both temporally and eternally, and destruction of all of God’s institutions: marriage, family, church, and civil government.

Although God has given civil government no jurisdiction over marriage, civil government has assumed jurisdiction with the willing participation of many pastors. When a man and a woman enter a state ordained marriage, or when the members of a church incorporate the church, they enter into a contract under and with the state and come under the jurisdiction of the civil government. Early on, even the first dictionary published in America gave one definition of “CONTRACT” as “The act by which a man and woman are betrothed, each to the other” (AMERICAN DICTIONARY OF THE ENGLISH LANGUAGE, NOAH WEBSTER (1828)). Compare that with the covenant marriage of a man and woman under God:

“And [Jesus] answered and said unto them, Have ye not read, that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder” (Mt. 19.4-6).

A civil contract of marriage allegedly includes only a man and a woman; but effectively, God is involved in any marriage, whether man recognizes it or not. Any marriage involves a biblical covenant which includes a man, a woman, and God. All marriages are spiritual unions under God—the problem comes when one forgets or fails to understand this.

God’s rules always apply whether civil government and/or man recognize them or not. Lies, false definitions, and satanic principles do not change truth. “O praise the LORD, all ye nations: praise him, all ye people. For his merciful kindness is great toward us: and the truth of the LORD endureth for ever. Praise ye the LORD” (Ps. 117.1-2). God joins a man and woman whether civil government recognizes this fact or not. Neither man nor civil law can destroy that spiritual union although civil law and the man and woman can ignore or be ignorant of that aspect of marriage and physically divide the union. That is, a wife and/or husband can separate and secure a divorce from civil government, but God recognizes no such divorce as destroying the spiritual union which He created. “But I [Jesus] say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery” (Mt. 5.32; see also, Mt. 19.9). “And he [Jesus] saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her” (Mk. 10.11). “And if a woman shall put away her husband, and be married to another, she committeth adultery” (Mk. 10.12). “Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery” (Lu. 16.18).

9In a civil government marriage ceremony, a pastor or other state recognized official proclaims the bride and groom to be husband and wife by the authority given him by the state and maybe also by the authority of God. How could it be that God gave him authority to conduct a marriage under the authority of the state or the state and God when the principles of each are diametrically opposed? God did not tell man (civil government), “you have authority to institute marriage less than, coequal, or above my authority to join man and woman in marriage.” God told man (civil government) not to put asunder “what God [not civil government or civil government and God] hath joined together.”

In any event, the state, as well as many pastors, have ignored biblical principle and erroneously declared man and woman to be husband and wife by the authority of the state and God. If the contract of marriage is performed by a pastor who acts by the authority of both the state and God, even should the form of the ceremony and vows be somewhat in line with biblical principle, a marriage based upon a blend of Godly and satanic principles has been initiated. The pastor of that ceremony hands the authority over that marriage to the state and places the marriage and subsequent family under the satanic family law principles of the state.

The ultimate fruition of the application of contract law to marriage is being seen in today’s American society even among “Christians” in high divorce rates, high percentages of people who just “shack up,” and in the ultimate assault by Satan—the effort to redefine marriage to include the union of two of the same sex. Civil government is taking the nation toward an American Sodom and Gomorrah. This ultimate result, which is to be followed by the wrath of God, came about because men “hold the truth in unrighteousness” (Ro. 1.18) and was foretold in God’s Word:

”Because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened. Professing themselves to be wise, they became fools, And changed the glory of the uncorruptible God into an image made like to corruptible man, and to birds, and fourfooted beasts, and creeping things. Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonour their own bodies between themselves: Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed for ever. Amen.  For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature: And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet. And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind, to do those things which are not convenient;  Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers, Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents, Without understanding, covenantbreakers, without natural affection, implacable, unmerciful:  Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them” (Ro. 1.21-32).

Of course, even should civil government define marriage in such a way as to allow the union of two men or two women or any other combination except one man and one woman, such unions are not marriage. God defined marriage in His Word, and that definition cannot be nullified by human law.

Likewise, the contract clause has been used to attack the marriage of Christ and His churches. Like man and woman as husband and wife, Christ and a church, as Husband and wife, are one flesh: “For no man ever yet hated his own flesh; but nourisheth and cherisheth it, even as the Lord the church: For we are members of his body, of his flesh, and of his bone” (Ep. 5.29-30).

Many Christians, in seeking incorporation of a church, feel that by so doing the church and/or its members are gaining additional protection from lawsuits and from civil government. The corporate veil can be pierced, and individuals in a corporation can be sued. (Note: A church can renounce its New Testament church status in ways other than incorporation. For example, a church can apply for an Employee or Taxpayer Identification number, enter into a contract, etc. (See “Spurious rationale for incorporating: limited liability” which is published on this website) Furthermore, the contract of incorporation of the church with the state does not protect the church from all civil governmental interference with matters outside the contract:

“Although a corporate charter is a contract that the Constitution of the United States protects against impairment by subsequent legislation, a legislature can neither bargain away the police power nor in any way withdraw from its successors the power to take appropriate measures to guard the safety, health, and morals of all who may be within their jurisdiction. Thus, the powers or privileges of a private corporation, although not subject to direct impairment, may nevertheless be affected by the operation of certain fundamental governmental powers, such as the police power and power of eminent domain. The legislature may, without impairing the obligations of a contract, by general laws impose new burdens on corporations in addition to those imposed by their charters when such burdens are conducive to the public interest and safety, notwithstanding the power to do so may not have been reserved in the charter. Moreover, the state and those acting under its authority have the right to require a corporation to incur expenses in order properly to exercise its rights and to use its property and franchises with due regard to the public needs. Corporations are subject to legislative control equally with natural persons — that is, they may be controlled in all matters coming within the general range of legislative authority, subject to the limitation of not impairing the obligation of contracts and provided the essential franchise is not taken without compensation” (18 AM. JUR. 2D Corporations § 83 (2007)).

15The corporation is established under a charter from the civil government and conclusively established by filing articles of incorporation:

  • “A charter is an instrument or authority from the sovereign power bestowing rights or privileges; therefore, with regard to corporations, the term is correctly used in its limited sense only with reference to special incorporation by act of the legislature. The creation of a corporate entity is conclusively established by filing of articles of incorporation. Legislation confers corporate power through general or special statutes.
  • “Observation: The laws, whether constitutional or statutory, of the state where a corporation is organized, enter into, and become part of, its articles of incorporation or charter so that the charter of a corporation organized under a general law consists of its articles of incorporation and the laws applicable thereto. Only those statutes that in some way are intended to grant or restrict the powers of a corporation, however, become a part of the corporate charter” (Ibid.,§ 78).
  • “Those who seek and obtain the benefit of a charter of incorporation must take the benefit under the conditions and with the burdens prescribed by the laws, whether in the Constitution, in general laws, or in the charter itself. A corporation accepting a charter consents to be bound by all of its provisions and conditions and cannot complain of the enforcement of any of such provisions and conditions, if, by a fair reading of the language, the enforcement in the particular manner is authorized. A state granting a charter of incorporation may define strictly and limit the uses of the corporate property necessary to the exercise of the powers granted. The state, however, may not enforce any part of a charter that is repugnant to the Federal Constitution” (Ibid., § 79).
  • “Where there is a conflict between a corporate charter and the constitution and statutes under which it is issued, the charter must yield to the constitution and statutes. With respect to matters to which statutes do not apply, the articles of incorporation of a corporation are its fundamental and organic law” (Ibid., § 80).

“The articles of incorporation establish a corporation’s purposes and manner of governance” (18A AM. JUR. 2D Corporations § 171 (2007)).  “The contents of articles or certificates of incorporation are commonly specified by a state’s corporation statutes. Statutory requirements as to the form and content of the articles or certificate must be substantially followed, and the courts have not hesitated to declare an attempted incorporation invalid for failure to do so” (Ibid., § 173).

As sovereign, the state has ultimate authority in interpreting the articles of incorporation:

“Because a corporation’s charter embodies a contract between the state and the corporation, the corporation and its shareholders or members, and a contract among the shareholders or members themselves, the courts employ general principles of contract interpretation when construing articles of incorporation or a certificate of incorporation This means that courts must give effect to the intent of the parties, as evidenced by the language of the certificate and the circumstances surrounding its adoption. The question whether a corporation’s articles are ambiguous is one of law, and when determining the meaning of ambiguous provisions, a court will consider the history and surrounding circumstances to determine the parties’ intent. The articles should be construed in their entirety. If there is a hopeless ambiguity that could mislead a reasonable investor, the language of articles of incorporation will be construed in favor of the reasonable expectations of the investors and against the drafter” (Ibid., § 171).

by lawsThe corporate church must also have bylaws. “The bylaws of a corporation are a contract between the members of a corporation, and between the corporation and its members, while the articles of incorporation constitute a contract between the corporation and the state, between the corporation and its owners or members, and between the owners or members themselves” (Ibid., § 261):

  • “A bylaw is a self-imposed rule, resulting from an agreement or contract between the corporation and its members to conduct the corporate business in a particular way. The bylaws of a corporation are the private ‘statutes’ by which the corporation is regulated and functions. The charter and bylaws are the fundamental documents governing the conduct of corporate affairs; they establish norms of procedure for exercising rights, and they reflect the purposes and intentions of the incorporators.
  • “Until repealed, a bylaw is a continuing rule for the government of the corporation and its officers. Bylaws constitute a binding contract as between the corporation and its members and as between the members themselves…” (Ibid., § 258).

The conflict of these rules regarding bylaws with biblical principles is obvious to the knowledgeable Christian.

A business or other organization is “incorporated either for the benefit of the public (a public corporation) or for private purposes (a private corporation).” An incorporated “church” is a private corporation:

“A corporation is to be deemed a private corporation, though it was created for the administration of a public charity, where the endowments of the corporation have been received from individuals. A nonprofit corporation organized pursuant to a nonprofit corporation statute is a private corporation, where it is neither controlled nor owned by the state nor supported by public funds. A corporation organized by permission of the legislature, supported largely by voluntary contributions, and managed by officers and directors who are not representatives of the state or any political subdivision, is a ‘private corporation.’ … A corporation may have a double aspect according to the nature of the powers granted and exercised. If they were granted and exercised for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character; however, if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quod hoc, is to be regarded as a private company’” (18 AM. JUR. 2D Corporations § 30).

A corporation is a State “franchise. “Franchises are rights or privileges conferred by grant of the sovereign; a corporate franchise arises from a contract between the sovereign power and private citizens or the corporation itself” (Ibid.,§ 76). [Emphasis mine.]

Two headed monsterAs can be seen, in God’s eyes the incorporated church is somewhat of a two headed monster:

  • “In determining the threshold question of the applicability of religious corporations law, a court will look to the provisions of the corporation’s certificate of incorporation as well as the actual practices of the organization as revealed in its papers.
  • “A church society, by incorporating, does not lose its existence or become wholly merged in the corporation. The religious corporation and the church, although one may exist within the pale of the other, are in no respect correlative. The objects and interests of the one are moral and spiritual; the other deals with things temporal and material. Each as a body is entirely independent and free from any direct control or interference by the other.
  • Thus, whenever there is an incorporated church, there are two entities—the one, the church as such, not owing its ecclesiastical or spiritual existence to the civil law, and the other, the legal corporation—each separate, although closely allied. The former is purely voluntary and is not a corporation or a quasi corporation. On the other hand, a corporation which is formed for the acquisition and taking care of the property of the church, must be regarded as a legal personality, and is in no sense ecclesiastical in its functions” (66 AM. JUR. 2D Religious Societies § 5 (2007)). [Emphasis mine.]

Of note in the above quote is the inference that a non-incorporated, non-501(c)(3) church who has not in any way submitted to civil government or made herself a legal entity does not subject itself or owe its existence to civil law and its objects and interests are only moral and spiritual. This is in line with biblical principle that a New Testament church is spiritual only and has no temporal attachments.

An incorporated 501(c)(3) church gets part of her powers from God and part from the civil government. She is under two heads. Part of the church, as a legal entity, can sue and be sued as to both earthly and spiritual matters. Part of the church must have elected officers who conduct business meetings, meet statutory requirements, etc. “A church that sees fit to become incorporated under state law is obligated to conduct its business activities in compliance therewith, including governmental regulation of its employment relationships, so long as the employment does not depend on doctrinal matters. Religious corporations are governed by the same rules of law and equity as other corporations” (Ibid., § 4). …

  • “Statutory provisions sometimes authorize the membership of a religious society to incorporate as an ecclesiastical body with the power to make bylaws governing the selection of church officials and prescribing their duties” (Ibid., § 6). …
  • “A church incorporated for the promotion of a defined fundamental religious faith or doctrine cannot by amendment change its religious creed or faith except by the unanimous vote of its members” (Ibid., § 7).

artificial personThe incorporated church, as has been stated, is an artificial person and a separate legal entity. This has many ramifications:

  • “The corporate personality is a fiction but is intended to be acted upon as though it were a fact. A corporation is a separate legal entity, distinct from its individual members or stockholders.
  • “The basic purpose of incorporation is to create a distinct legal entity, with legal rights, obligations, powers, and privileges different from those of the natural individuals who created it, own it, or whom it employs…. See Corporation: A Human Being with No Soul.
  • “A corporate owner/employee, who is a natural person, is distinct, therefore, from the corporation itself. An employee and the corporation for which the employee works are different persons, even where the employee is the corporation’s sole owner…. The corporation also remains unchanged and unaffected in its identity by changes in its individual membership.
  • “In no legal sense can the business of a corporation be said to be that of its individual stockholders or officers” (18 AM. JUR. 2D Corporations § 44 (2007)).

14thAmendment“A corporation is a person within the meaning of the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution and similar provisions of state constitutions and within the meaning of state statutes.” (Johnson v. Goodyear, 127 Cal. 4 (1899), cited in Barbara Ketay, Church in Chains, p. 9). “However, a corporation is not considered as a person under the First Amendment to the United States Constitution (religious liberty clause) or under the Fifth Amendment to the United States Constitution” (Ketay, p. 9):

  • “[T]here is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.
  • “Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a State, having chartered a corporation to make use of certain franchises, could not in the exercise of its sovereignty inquire how these franchises had been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose” (Hale v. Hinkle, 201 U.S. 43, 74-75; 26 S. Ct. 370; 50 L. Ed. 652; 1906 U.S. LEXIS 1815 (1906)).

When a church incorporates or becomes a legal entity, that church contracts with the state gaining certain “protections” but gives up certain constitutional rights. While a corporation must “obey the laws of its creation,” it also has constitutionally protected rights (See Ibid., pp. 74-75). Only the church who is not satisfied with the freedom and provisions afforded the church by God (which, by the way, are implemented by the First Amendment) seeks incorporation. For the incorporated church, God’s provisions are not adequate. Although perhaps the individual church member seeks incorporation for protection by civil government as opposed to protection by God, that member forgets that God is a far more strong and benevolent protector than the state. Furthermore, when a church is not a legal entity, that church cannot be sued. One can sue a legal entity such as a corporation, but how does one sue a church who is “a spiritual house made up of spiritual beings offering up spiritual sacrifices, and not a physical house made by man?” Individuals, including members of a New Testament church, can be sued for tortious actions or tried for criminal acts, but a New Testament church cannot be sued or tried for criminal acts.

The purpose of the corporation is at odds with the God-given purpose of a church. Ultimately, the purpose of a church is to glorify God by submitting herself to her Husband in all things (See Ep. 5.24). The basic purpose of incorporation is to allegedly increase the happiness of man by creating a “distinct legal entity, with legal rights, obligations, powers, and privileges different from those of the natural individuals who created it, own it, or whom it employs.” (18 AM. JUR. 2D Corporations § 44 (2007)).

A corporation and a church have different creators. Church members, under authority of and in conjunction with the state, create the corporation. God supernaturally creates a church: “And the Lord added to the church daily such as should be saved” (Ac. 2.47b).

The organization of a church and a corporation are different. The incorporated “church” has “employees.” Even should the incorporated “church” call their “employees” ministers, the state looks at them as “employees,” and the state is the sovereign of the corporation. A New Testament church cannot have employees and remain a New Testament church. Nowhere in the Bible can one conclude that a church is to pay anyone a salary. To do so makes that church a legal entity. Does God want His churches to have “members,” does He want them to have “employees,” or does He want His churches to have both members and employees?

Whereas a church is to have pastors, teachers, and so forth, state laws which create corporations require the corporation to have officers such as president, treasurer, secretary, and so forth.

4Ownership of a church and a corporation differs. “Members in a nonprofit corporation are the ‘owners’ of the corporation and generally play a role similar to shareholders in for-profit corporations” (18A AM. JUR. 2D Corporations § 609 (2007)). As has been pointed out, Jesus Christ owns a New Testament church. God ordained that the church would be His. Jesus said to Peter, “That thou art Peter, and upon this rock I will build my church; and the gates of hell shall not prevail against it” (Mt. 16.18). [Emphasis mine.] Jesus stated that He would build His church. The incorporated “church” is partly owned, authorized, and built by God and partly owned, authorized, and built by Satan.

The corporation owns the property. “The members of the corporation are not owners of the corporate property; the corporation and its members are distinct parties. The corporation has an existence distinct, separate and apart from its members” (Ketay, citing Baker Kivide Min. Cop. v. Maxfield, 83 Cal. App. 2d 241 (1948) and Eckenbrecher v. Grant, 187 Cal. 7 (1921)).

An incorporated church must deal with all the government red tape that comes with incorporation. The incorporated church must now elect officers, hold business meetings, notify members of those meetings pursuant to statutory requirements, keep records, etc. All these secular activities take tremendous time, energy, and resources which could be used in pursuing the God-given purposes of a church. The incorporated church who does not comply with statutory requirements is being dishonest and could face further problems from her sovereign state.

Notice that Jesus said that “the gates of hell shall not prevail against [my church].” What about the church who is partly under God and partly under Satan? That church has fallen for Satan’s seduction:

seduction“SEDUCTION, n. … 2. Appropriately, the act or crime of persuading a female, by flattery or deception, to surrender her chastity. A woman who is above flattery, is least liable to seduction; but the best safeguard is principle, the love and purity of holiness, the fear of God and reverence for his commandments” (AMERICAN DICTIONARY OF THE ENGLISH LANGUAGE, NOAH WEBSTER (1828)).

An incorporated church, having compromised her love for her Husband, will continue to make incremental compromises, and ultimately (perhaps in 1, 5, 10, 50, 100, or 200 years or more) will fall into heresy and apostasy. And from the beginning of that initial compromise, the Lord, even though longsuffering in His love and mercy, is grieving because of His wife’s compromise.

A corporation cannot be the bride of Christ, the wife of Christ. The incorporated part of an incorporated church is not the bride of Christ, the wife of Christ, but rather an extramarital illicit relationship existing alongside the marriage.

With the above information it should already be completely obvious to any born again believer who loves the Lord and who has been saved any length of time at all that a church should never incorporate. Scripture contains no principle consistent with church incorporation or incorporation in general. In fact, everything about incorporation is anti-biblical. If one who loves the Lord and comes into this understanding is in a church who is already incorporated, he will do all he can to shed the corporate 501(c)(3) status of that church.