As the event proved, the Revolutionary period brought little legislative relief to dissenters in Massachusetts. Wherever the distractions of the war did not interrupt the ordinary course of ecclesiastical affairs, the state church continued to assert its time-honored prerogatives. The new constitution of the commonwealth which was adopted in 1780 gave conclusive proof that the Standing Order still had the situation well in hand. That instrument contained a bill of rights which reaffirmed the authority of the legislature to authorize and require the various towns and parishes “to make suitable provision, at their own expense, for the institution of the public worship of God”;[73] affirmed also that the legislature had authority to enjoin attendance upon public worship; that towns and parishes were to have the right to elect their ministers and make contracts with them for their support; and that moneys, in the form of rates paid by the people in the support of public worship, were to be applied according to the preference of the rate-payer, “provided, there be any [minister] on whose instructions he attends”; otherwise the minister selected by the town or parish was to receive the benefit of the tax.[74] There is no difficulty in discerning here the outlines of the old ideal of a state church. The day of deliverance for dissent was not yet.[75]
What did take place during the Revolutionary period to promote the cause of religious freedom and to hasten the day of its triumph was the publication of various pamphlets and treatises devoted to the cause of toleration or championing the closely allied cause of democracy in church and state.[76] Several of these[77] were from the pen of the indomitable Isaac Backus, whose unwearied advocacy of the rights of the individual conscience was exceeded by none. The likeness of the struggle which dissenters were making for freedom of conscience to that which the colonists were making for civil liberty was a favorite notion of this doughty penman; and such an argument presented when the imaginations of his countrymen were stirred by the political situation, could not fail of its appeal. Three years before the war broke out, in his _Appeal to the Public for Religious Liberty_, Backus had drawn for the benefit of the public a sharp distinction between the spheres of ecclesiastical and civil governments. The former was armed only with _light_ and _truth_, and was commissioned to “pull down the strongholds of iniquity,” to gather into Christ’s church those who were willing to be governed by His teachings, and to exclude those who would not be so governed; while the latter “is armed with _the sword to guard the peace and to punish those who violate the same_.”[78] In his _Government and Liberty Described, and Ecclesiastical Tyranny Exposed_, published in 1778, he attacked the notion of men “assuming a power to govern religion, instead of being governed by it,” and asserted that the essence of true religion is a voluntary obedience to God.[79] Here was strong meat for a people for whom the word freedom was rapidly coming to have an enlarged signification.