Perhaps the best definition which can be given, and which will cover all
cases, is that establishment implies the existence of some definite and
distinctive relation between the state and a religious society (or
conceivably more than one) other than that which is shared in by other
societies of the same general character. Of course, a certain
relationship must needs exist between the state and every society,
religious or secular, by virtue of the sovereignty of the state over
each and all of its members. Every society must possess certain
principles or perform certain acts, and the state may make the
profession of such principles unlawful, or impose a penalty upon the
performance of such acts; and, moreover, every society is liable before
the law as to the fulfilment of its obligations towards its members and
the due administration of its property should it possess any. With all
this establishment has nothing to do. It is not concerned with what
pertains to the religious society _qua_ society, or with what is common
to all religious societies, but with what is exceptional. It denotes any
special connexion with the state, or privileges and responsibilities
before the law, possessed by one religious society to the exclusion of
others; in a word, establishment is of the nature of a monopoly. But it
does not imply merely privilege. The state and the Church have mutual
obligations towards one another: each is, to some extent, tied by the
existence of this relationship, and each accepts the limitations for the
sake of the advantages which accrue to itself. The state does so in view
of what it believes to be the good of all its members; for "the true end
for which religion is established is not to provide for the true faith,
but for civil utility" (Warburton), even if the latter be held to be
implied in the former. On the other hand, the Church accepts these
relations for the facilities which they involve, i.e. for its own
benefit. It will be seen that this definition excludes, and rightly,
many current presuppositions. Establishment affirms the _fact_, but does
not determine the precise _nature_, of the connexion between the state
and the religious society. It does not tell us, for example, when or how
it began, whether it is the result of an unconscious growth (as with the
Gallican Church previous to the French Revolution), or of a determinate
legislative act (as with the same Church re-established by the Concordat
of 1801). It does not tell us whether an endowment of the religious
society by the state is included; what particular privileges are enjoyed
by the religious society; and what limitations are placed upon the free
exercise of its life. These things can only be ascertained by actual
inquiry; for the conditions are precisely similar in no two cases.
Public-domain text, read in full here on John Shaqi.
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