12. Religious Intolerance and Liberty in England and America. (Chapter 1. Mediaeval and Modern Christianity) (History of the Christian Church) (Schaff, Philip)

The history of the Reformation in England and Scotland is even more disfigured by acts of intolerance and persecution than that of the Continent, but resulted at last in greater gain for religious freedom. The modern ideas of well regulated, constitutional liberty, both civil and religious, have grown chiefly on English soil.

At first it was a battle between persecution and mere toleration, but toleration once legally secured prepared the way for full religious liberty.

All parties when persecuted, advocated liberty of conscience, and all parties when in power, exercised intolerance, but in different degrees. The Episcopalians before 1689 were less intolerant than the Romanists under Queen Mary; the Presbyterians before 1660 were less intolerant than the Episcopalians; the Independents less intolerant (in England) than the Presbyterians (but more intolerant in New England); the Baptists, Quakers, Socinians and Unitarians consistently taught freedom of conscience, and were never tempted to exercise intolerance. Finally all became tolerant in consequence of a legal settlement in 1689, but even that was restricted by disabling clauses. The Romanists used fire and sword; the Episcopalians fines, prisons, pillories, nose-slittings, ear-croppings, and cheek-burnings; the Presbyterians tried depositions and disabilities; the Independents in New England exiled Roger Williams, the Baptist (1636), and hanged four Quakers (two men and two women, 1659, 1660 and 1661) in Boston, and nineteen witches in Salem (1692). But all these measures of repression proved as many failures and made persecution more hateful and at last impossible.

1. The first act of the English Reformation, under Henry VIII., was simply the substitution of a domestic for a foreign popery and tyranny; and it was a change for the worse. No one was safe who dared to dissent from the creed of the despotic monarch who proclaimed himself the supreme head of the Church of England. At his death (1547), the six bloody articles were still in force; but they contained some of the chief dogmas of Romanism which he held in spite of his revolt against the pope.

2. Under the brief reign of Edward VI. (1547-1553), the Reformation made decided progress, but Anabaptists were not tolerated; two of them, who held some curious views on the incarnation, were burnt as obstinate heretics, Joan Bocher, commonly called Joan of Kent, May 2, 1550, and George Van Pare, a Dutchman April 6, 1551. The. young king refused at first to sign the death-warrant of the woman, correctly thinking that the sentence was a piece of cruelty too like that which they had condemned in papists; at last he yielded to Cranmer's authority, who argued with him from the law of Moses against blasphemy, but he put his hand to the warrant with tears in his eyes and charged the archbishop with the responsibility for the act if it should be wrong.

3. The reign of the bloody Queen Mary (1553-1558) was a fearful retaliation, but sealed the doom of popery by the blood of Protestant martyrs, including the Reformers, Cranmer, Latimer, and Ridley, who were burnt in the market place at Oxford.

4. Queen Elizabeth (1558-1603), by virtue of her office, as Defender of the Faith, and supreme governor of the Church in her dominions, permanently established the Reformed religion, but to the exclusion of all dissent. Her penal code may have been a political necessity, as a protection against domestic treason and foreign invasion, but it aimed systematically at the annihilation of both Popery and Puritanism. It acted most severely upon Roman Catholic priests, who could only save their lives by concealment or exile. Conformity to the Thirty-nine Articles and the Book of Common Prayer was rigidly enforced; attendance upon the Episcopal service was commanded, while the mass and every other kind of public worship were forbidden under severe penalties. The rack in the tower was freely employed against noblemen suspected of disloyalty to the queen-pope. The statute de haereticis comburendis from the reign of Henry IV. (1401) remained in force, and two Anabaptists were burnt alive under Elizabeth, and two Arians under her successor. The statute was not formally abolished till 1677. Ireland was treated ecclesiastically as well as politically as a conquered province, and England is still suffering from that cruel polity, which nursed a hereditary hatred of the Catholic people against their Protestant rulers, and made the removal of the Irish grievances the most difficult problem of English statesmanship.

Popery disappeared for a while from British soil, and the Spanish Armada was utterly defeated. But Puritanism, which fought in the front rank against the big pope at Rome, could not be defeated by the little popes at home. It broke out at last in open revolt against the tyranny of the Stuarts, and the cruelties of the Star Chamber and High-Commission Court, which were not far behind the Spanish Inquisition, and punished freedom of speech and of the press as a crime against society.

5. Puritanism ruled England for about twenty years (1640 to 1660), which form the most intensely earnest and excited period in her history. It saved the rights of the people against the oppression of their rulers, but it punished intolerance with intolerance, and fell into the opposite error of enforcing Puritan, in the place of Episcopal, uniformity, though with far less severity. The Long Parliament abolished the Episcopal hierarchy and liturgy (Sept. 10, 1642), expelled about two thousand royalist clergymen from their benefices, and executed on the block Archbishop Laud (1644) and King Charles I. (1649), as traitors; thus crowning them with the glory of martyrdom and preparing the way for the Restoration. Episcopalians now became champions of toleration, and Jeremy Taylor, the Shakespeare of the English pulpit, raised his eloquent voice for the Liberty of Prophesying (1647), which, however, he afterward recalled in part when he was made a bishop by Charles II. (1661).

The Westminster Assembly of Divines (1643-1652), which numbered one hundred and twenty-one divines and several lay-deputies and is one of the most important ecclesiastical meetings ever held, was intrusted by Parliament with the impossible task of framing a uniform creed, discipline and ritual for three kingdoms. The extraordinary religious commotion of the times gave rise to all sorts of religious opinions from the most rigid orthodoxy to deism and atheism, and called forth a lively pamphlet war on the subject of toleration, which became an apple of discord in the Assembly. Thomas Edwards, in his Gangraena (1645), enumerated, with uncritical exaggeration, no less than sixteen sects and one hundred and seventy-six miscellaneous errors, heresies and blasphemies, exclusive of popery and deism.

There were three theories on toleration, which may be best stated in the words of George Gillespie, one of the Scottish commissioners of the Assembly.

(a) The theory of the Papists who hold it to be not only no sin, but good service to God to extirpate by fire and sword all that are adversaries to, or opposers of, the Church and Catholic religion. Under this theory John Hus and Jerome of Prague were burnt at the Council of Constance. Gillespie calls it., in the Preface, the black devil of idolatry and tyranny.

(b) The second opinion does fall short as far as the former does exceed: that is, that the magistrate ought not to inflict any punishment, nor put forth any coErcive power upon heretics and sectaries, but on the contrary grant them liberty and toleration. This theory is called the white devil of heresy and schism, and ascribed to the Donatists (?), Socinians, Arminians and Independents. But the chief advocate was Roger Williams, the Baptist, who became the founder of Rhode Island. He went to the root of the question, and demanded complete separation of politics from religion. Long before him, the Puritan Bishop Hooper, and Robert Browne, the renegade founder of Congregationalism had taught the primitive Christian principle that the magistrates had no authority over the church and the conscience, but only over civil matters. Luther expressed the same view in 1523.

(c) The third opinion is that the magistrate may and ought to exercise his coErcive power in suppressing and punishing heretics and sectaries less or more, according as the nature and degree of the error, schism, obstinacy, and danger of seducing others may require. For this theory Gillespie quotes Moses, St. Augustine, Calvin, Beza, Bullinger, VoEtius, John Gerhard, and other Calvinistic and Lutheran divines. It was held by the Presbyterians in England and Scotland, including the Scottish commissioners in the Assembly, and vigorously advocated by Dr. Samuel Rutherford, Professor of Divinity in St. Andrews, and most zealously by Thomas Edwards, a Presbyterian minister in London. It had a strong basis in the national endorsement of the Solemn League and Covenant, and triumphed in the Westminster Assembly. It may therefore be called the Presbyterian theory of the seventeenth century. But it was never put into practice by Presbyterians, at least not to the extent of physical violence, against heretics and schismatics either in England or Scotland.

The Westminster Confession of Faith, in its original shape, declares, on the one hand, the great principle of religious liberty, that God alone is Lord of the conscience, but also, on the other hand, that dangerous heretics may lawfully be called to account, and proceeded against by the censures of the church, and by the power of the civil magistrate. And it assigns to the civil magistrate the power and duty to preserve unity and peace in the church, to suppress all blasphemies and heresies, to prevent or reform all corruptions and abuses in worship and discipline, and for this purpose to call synods and be present at them.

6. The five Independent members of the Assembly under the lead of Dr. Goodwin protested against the power given to the civil magistrate and to synods. The obnoxious clauses of the Confession were therefore omitted or changed in the Congregational recension called the Savoy Declaration (1658).

But the toleration of the Independents, especially after they obtained the ascendancy under Cromwell's protectorate differed very little from that of the Presbyterians. They were spoiled by success. They excluded from their program Popery, Prelacy, and Socinianism. Dr. Owen, their most distinguished divine, who preached by command a sermon before Parliament on the day after the execution of Charles I., entitled Righteous Zeal encouraged by Divine Protection (Jer. 15:19, 20), and accepted the appointment as Dean of Christ Church and Vice-Chancellor of the University at Oxford, laid down no less than sixteen fundamentals as conditions of toleration. He and Dr. Goodwin served on the Commission of the forty-three Triers which, under Cromwell's protectorate, took the place of the Westminster Assembly. Cromwell himself, though the most liberal among the English rulers and the boldest protector of Protestantism abroad, limited toleration to Presbyterians, Independents, Baptists and Quakers, all of whom recognized the sacred Scriptures and the fundamental articles of Christianity; but he had no toleration for Romanists and Episcopal Royalists, who endangered his reign and who were suspected of tolerating none but themselves. His great foreign secretary, John Milton, the most eloquent advocate of liberty in the English language, defended the execution of the king, and was intolerant to popery and prelacy.

Had Cromwell reigned longer, the Triers and the Savoy Conference which he reluctantly appointed, would probably have repeated the vain attempt of the Westminster Assembly to impose a uniform creed upon the nation, only with a little more liberal accommodation for orthodox dissenters except papists and prelatists ). Their brethren in New England where they had full sway, established a Congregational theocracy which had no room even for Baptists and Quakers.

7. Cromwell's reign was a brief experiment. His son was incompetent to continue it. Puritanism had not won the heart of England, but prepared its own tomb by its excesses and blunders. Royalty and Episcopacy, which struck their roots deep in the past, were restored with the powerful aid of the Presbyterians. And now followed a reaction in favor of political and ecclesiastical despotism, and public and private immorality, which for a time ruined all the good which Puritanism had done.

Charles II., who never said a foolish thing and never did a wise one, broke his solemn pledges and took the lead in intolerance and licentiousness. The Act of Uniformity was re-enacted May 19, 1662, and went into operation on St. Bartholomew's Day, August 24, 1662, made hideous by the St. Bartholomew Massacre, nearly a hundred years before. And now came in, says Baxter, one of the most moderate as well as most learned and pious of the Nonconformists, the great inundation of calamities, which in many streams overwhelmed thousands of godly Christians, together with their pastors. All Puritan ministers were expelled from their livings and exposed to starvation, their assemblies forbidden, and absolute obedience to the king and conformity to episcopacy were enforced, even in Scotland. The faithful Presbyterians in that country (the Covenanters) were subjected by the royal dragonnades to all manner of indignities and atrocities. They were hunted says an English historian like criminals over the mountains; their ears were torn from their roots; they were branded with hot irons; their fingers were wrenched asunder by the thumbkins; the bones of their legs were shattered in the boots; women were scourged publicly through the streets; multitudes were transported to the Barbadoes; an infuriated soldiery was let loose upon them, and encouraged to exercise all their ingenuity in torturing them.

The period of the Restoration is, perhaps, the most immoral and disgraceful in English history. But it led at last to the final overthrow of the treacherous and semi-popish dynasty of the Stuarts, and inaugurated a new era in the history of religious liberty. Puritanism was not dead, but produced some of its best and most lasting works Milton's Paradise Lost, and Bunyan's Pilgrim's Progress in this period of its deepest humiliation and suffering.

8. The act of Toleration under the reign of William and Mary, 1689, made an end to violent persecutions in England. And yet it is far from what we now understand by religious liberty. Toleration is negative, liberty positive; toleration is a favor, liberty a right; toleration may be withdrawn by the power which grants it, liberty is as inalienable as conscience itself; toleration is extended to what cannot be helped and what may be in itself objectionable, liberty is a priceless gift of the Creator.

The Toleration of 1689 was an accommodation to a limited number of Dissenters Presbyterians, Independents, Baptists and Quakers, who were allowed liberty of separate organization and public worship on condition of subscribing thirty-six out of the Thirty-Nine Articles of the Church of England. Roman Catholics and Unitarians were excluded, and did not acquire toleration in England till the nineteenth century, the former by the Act of Emancipation passed April 13, 1829. Even now the Dissenters in England labor under minor disabilities and social disadvantages, which will continue as long as the government patronizes an established church. They have to support the establishment, in addition to their own denomination. Practically, however, there is more religious liberty in England than anywhere on the Continent, and as much as in the United States.

9. The last and most important step in the progress of religious liberty was taken by the United States of America in the provision of the Federal Constitution of 1787, which excludes all religious tests from the qualifications to any office or public trust. The first amendment to the Constitution (1789) enacts that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Thus the United States government is by its own free act prevented from ever establishing a state-church, and on the other hand it is bound to protect freedom of religion, not only as a matter of opinion, but also in its public exercise, as one of the inalienable rights of an American citizen, like the freedom of speech and of the press. History had taught the framers of the Constitution that persecution is useless as well as hateful, and that it has its root in the unholy alliance of religion with politics. Providence had made America a hospitable home for all fugitives from persecution, Puritans, Presbyterians, Huguenots, Baptists, Quakers, Reformed, Lutherans, Roman Catholics, etc. and foreordained it for the largest development of civil and religious freedom consistent with order and the well-being of society. When the colonies, after a successful struggle for independence, coalesced into one nation they could not grant liberty to one church or sect without granting it to all. They were thus naturally driven to this result. It was the inevitable destiny of America. And it involved no injustice or injury to any church or sect.

The modern German empire forms in some measure a parallel. When it was formed in 1870 by the free action of the twenty or more German sovereignties, it had to take them in with their religion, and abstain from all religious and ecclesiastical legislation which might interfere with the religion of any separate state.

The constitutional provision of the United States in regard to religion is the last outcome of the Reformation in its effect upon toleration and freedom, not foreseen or dreamed of by the Reformers, but inevitably resulting from their revolt against papal tyranny. It has grown on Protestant soil with the hearty support of all sects and parties. It cuts the chief root of papal and any other persecution, and makes it legally impossible. It separates church and state, and thus prevents the civil punishment of heresy as a crime against the state. It renders to Caesar the things that are Caesar's, and renders to God the things that are God's. It marks a new epoch in the history of legislation and civilization. It is the American contribution to church history. No part of the federal constitution is so generally accepted and so heartily approved as that which guarantees religious liberty, the most sacred and most important of all liberties. It is regarded almost as an axiom which needs no argument.

Religious liberty has thus far been fully justified by its effects. It has stimulated the fullest development of the voluntary principle. The various Christian churches can live in peace and harmony together, and are fully able to support and to govern themselves without the aid of the secular power. This has been proven by the experience of a century, and this experience is the strongest argument in favor of the separation of church and state. Christianity flourishes best without a state-church.

The separation, however, is peaceful, not hostile, as it was in the Ante-Nicene age, when the pagan state persecuted the church. Nor is it a separation of the nation from Christianity. The government is bound to protect all forms of Christianity with its day of rest, its churches, its educational and charitable institutions. Even irreligion and infidelity are tolerated within the limits of the law of self-preservation. Religious liberty may, of course, be abused like any other liberty. It has its necessary boundary in the liberty of others and the essential interests of society. The United States government would not tolerate, much less protect, a religion which requires human sacrifices, or sanctions licentious rites, or polygamy, or any other institution inconsistent with the laws and customs of the land, and subversive of the foundation of the state and the order of Christian civilization. Hence the recent prohibition of polygamy in the Territories, and the unwillingness of Congress to admit Utah into the family of States unless polygamy is abolished by the Mormons. The majority of the population decides the religion of a country, and, judged by this test, the American people are as Christian as any other on earth, only in a broader sense which recognizes all forms of Christianity. While Jews and infidels are not excluded from the enjoyment of any civil or political right on account of their religion or irreligion, they cannot alter the essentially Christian character of the sentiments, habits and institutions of the nation.

There are three important institutions in which church and state touch each other even in the United States, and where a collision of interests may take place: education in the public schools, marriage, and Sunday as a day of civil and sacred rest. The Roman Catholics are opposed to public schools unless they can teach in them their religion which allows no compromise with any other; the Mormons are opposed to monogamy, which is the law of the land and the basis of the Christian family; the Jews may demand the protection of their Sabbath on Saturday, while infidels want no Sabbath at all except perhaps for amusement and dissipation. But all these questions admit of a peaceful settlement and equitable adjustment, without a relapse into the barbarous measures of persecution.

The law of the United States is supreme in the Territories and the District of Columbia, but does not forbid any of the States to establish a particular church, or to continue a previous establishment. The Colonies began with the European system of state-churchism, only in a milder form, and varying according to the preferences of the first settlers. In the New England Colonies except Rhode Island founded by the Baptist Roger Williams orthodox Congregationalism was the established church which all citizens were required to support; in Virginia and the Southern States, as also in New York, the Episcopal Church was legally established and supported by the government. Even those Colonies which were professedly founded on the basis of religious toleration, as Maryland and Pennsylvania, enacted afterwards disabling clauses against Roman Catholics, Unitarians, Jews and infidels. In Pennsylvania, the Quaker Colony of William Penn, no one could hold office, from 1693 to 1775, without subscribing a solemn declaration of belief in the orthodox doctrine of the Holy Trinity and condemning the Roman Catholic doctrine of transubstantiation and the mass as idolatrous.

The great revolution of legislation began in the Colony of Virginia in 1776, when Episcopacy was disestablished, and all other churches freed from their disabilities. The change was brought about by the combined efforts of Thomas Jefferson (the leading statesman of Virginia, and a firm believer in absolute religious freedom on the ground of philosophic neutrality), and of all dissenting denominations, especially the Presbyterians, Baptists and Quakers. The other Colonies or States gradually followed the example, and now there is no State in which religious freedom is not fully recognized and protected.

The example of the United States exerts a silent, but steady and mighty influence upon Europe in raising the idea of mere toleration to the higher plane of freedom, in emancipating religion from the control of civil government, and in proving the advantages of the primitive practice of ecclesiastical self-support and self-government.

The best legal remedy against persecution and the best guarantee of religious freedom is a peaceful separation of church and state; the best moral remedy and guarantee is a liberal culture, a comprehensive view of the many-sidedness of truth, a profound regard for the sacredness of conscientious conviction, and a broad and deep Christian love as described by the Apostle Paul.