Religious assemblies for public worship must be authorized by the sovereign, or civil magistracy, before they can be legal.
In Holland, where the civil power grants the greatest liberty, and very nearly the same in Russia, in England, and in Prussia, those who wish to form a church have to obtain permission, after which the new church is in the states, although not of the religion of the states. In general, as soon as there is a sufficient number of persons, or of families, who wish to cultivate a particular mode of worship, and to assemble for that purpose, they can without hesitation apply to the magistrate, who makes himself a judge of it; and once allowed, it cannot be disturbed without a breach of public order. The facility with which the government of Holland has granted this permission has never produced any disorder; and it would be the same everywhere if the magistrate alone examined, judged, and protected the parties concerned.
The sovereign, or civil power, possesses the right at all times of knowing what passes within these assemblies, of regulating, them in conformity with public order, and of preventing such as produce disorder. This perpetual inspection is an essential portion of sovereignty, which every religion ought to acknowledge.
Everything in the worship, in respect to form of prayer, canticles, and ceremonies, ought to be open to the inspection of the magistrate. The clergy may compose these prayers; but it is for the State to approve or reform them in case of necessity. Bloody wars have been undertaken for mere forms, which would never have been waged had sovereigns understood their rights.
Holidays ought to be no more established without the consent and approbation of the State, who may at all times abridge and regulate them. The multiplication of such days always produces a laxity of manners and national impoverishment.
A superintendence over oral instruction and books of devotion, belongs of right to the State. It is not the executive which teaches, but which attends to the manner in which the people are taught. Morality above all should be attended to, which is always necessary; whereas disputes concerning doctrines are often dangerous.
If disputes exist between ecclesiastics in reference to the manner of teaching, or on points of doctrine, the State may impose silence on both parties, and punish the disobedient.
As religious congregations are not permitted by the State in order to treat of political matters, magistrates ought to repress seditious preachers, who heat the multitude by punishable declamation: these are pests in every State.
Every mode of worship presumes a discipline to maintain order, uniformity, and decency. It is for the magistrate to protect this discipline, and to bring about such changes as times and circumstances may render necessary.
For nearly eight centuries the emperors of the East assembled councils in order to appease religious disputes, which were only augmented by the too great attention paid to them. Contempt would have more certainly terminated the vain disputation, which interest and the passions had excited. Since the division of the empire of the West into various kingdoms, princes have left to the pope the convocation of these assemblies. The rights of the Roman pontiff are in this respect purely conventional, and the sovereigns may agree in the course of time, that they shall no longer exist; nor is any one of them obliged to submit to any canon without having examined and approved it. However, as the Council of Trent will most likely be the last, it is useless to agitate all the questions which might relate to a future general council.