[112] Cap. 10.

Remark upon this theory. 49. This is the full development of an Erastian theory, which Cranmer had early espoused, and which Hooker had maintained in a less extensive manner. Bossuet has animadverted upon it, nor can it appear tolerable to a zealous churchman.[113] It was well received in England by the lawyers, who had always been jealous of the spiritual tribunals, especially of late years, when, under the patronage of Laud, they had taken a higher tone than seemed compatible with the supremacy of the common law. The scheme, nevertheless, is open to some objections when propounded in so unlimited a manner, none of which is more striking than that it tends to convert differences of religious opinion into crimes against the state, and furnishes bigotry with new arguments as well as new arms, in its conflict with the free exercise of human reason. Grotius, however, feared rather that he had given too little power to the civil magistrate than too much.[114]

[113] See Le Clerc’s remarks on what Bossuet has said. Bibliothèque Choisie, v. 349.

[114] Ego multo magis vereor, ne minus quam par est magistratibus, aut plusquam par est pastoribus tribuerim, quam ne in alteram partem iterum (?) excesserim, nec sic quidem illis satisfiet qui se ecclesiam vocant. Epist. 42. This was in 1614, after the publication of the Pietas Ordinum Hollandiæ. As he drew nearer to the church of Rome, or that of Canterbury, he must probably have somewhat modified his Erastianism. And yet he seems never to have been friendly to the temporal power of bishops. He writes in August, 1641, Episcopis Angliæ videtur mansurum nomen prope sine re, accisa et opulentia et auctoritate. Mihi non displicet ecclesiæ pastores et ab inani pompa et a curis sæcularium rerum sublevari, p. 1011. He had a regard for Laud, as the restorer of a reverence for primitive antiquity, and frequently laments his fate; but had said, in 1640, Doleo quod episcopi nimium intendendo potentiæ suæ nervos odium sibi potius quam amorem populorum pariunt. Ep. 1390.

Toleration of religious tenets. 50. Persecution for religious heterodoxy, in all its degrees, was in the sixteenth century the principle, as well as the practice of every church. It was held inconsistent with the sovereignty of the magistrate to permit any religion but his own; inconsistent with his duty to suffer any but the true. The edict of Nantes was a compromise between belligerent parties; the toleration of the dissidents in Poland was nearly of the same kind; but no state, powerful enough to restrain its sectaries from the exercise of their separate worship, had any scruples about the right and obligation to do so. Even the writers of that century, who seemed most strenuous for toleration, Castalio, Celso, and Koornhert, had confined themselves to denying the justice of penal and especially of capital inflictions for heresy; the liberty of public worship had but incidentally, if at all, been discussed. Acontius had developed larger principles, distinguishing the fundamental from the accessory doctrines of the gospel; which, by weakening the associations of bigotry, prepared the way for a catholic tolerance. Episcopius speaks in the strongest terms of the treatise of Acontius, de Stratagematibus Satanæ, and says that the Remonstrants trod closely in his steps, as would appear by comparing their writings; so that he shall quote no passages in proof, their entire books bearing witness to the conformity.[115]

[115] Episcop. Opera, i. 301 (edit. 1665.)

Claimed by the Arminians. 51. The Arminian dispute led by necessary consequence to the question of public toleration. They sought at first a free admission to the pulpits, and in an excellent speech of Grotius, addressed to the magistrates of Amsterdam in 1616, he objects to a separate toleration as rending the bosom of the church. But it was soon evident that nothing more could be obtained; and their adversaries refused this. They were driven therefore to contend for religious liberty, and the writings of Episcopius are full of this plea. Against capital punishment for heresy he raises his voice with indignant severity, and asserts that the whole Christian world abhorred the fatal precedent of Calvin in the death of Servetus.[116] This indicates a remarkable change already wrought in the sentiments of mankind. Certain it is that no capital punishments for heresy were inflicted in protestant countries after this time; nor were they as frequently or as boldly vindicated as before.[117]

[116] Calvinus signum primus extulit supra alios omnes, et exemplum dedit in theatro Gebennesi funestissimum, quodque Christianus orbis merito execratur et abominatur; nec hoc contentus tam atroci ficinore, cruento simul animo et calamo parentavit. Apologia pro Confess. Remonstrantium, c. 24, p. 241. The whole passage is very remarkable, as an indignant reproof of a party, who, while living under popish governments, cry out for liberty of conscience, and deny the right of punishing opinions; yet, in all their writings and actions when they have the power, display the very opposite principles.

[117] De hæreticorum pœnis quæ scripsi, in iis mecum sentit Gallia et Germania, ut puto, omnis. Grot. Epist., p. 941 (1642.) Some years sooner there had been remains of the leaven in France. Adversus hæreticidia, he says, in 1626, satis ut arbitror plane locutus sum, certè ita ut hic multos ob id offenderim, p. 789. Our own Fuller, I am sorry to say, in his Church History, written about 1650, speaks with some disapprobation of the sympathy of the people with Legat and Wightman, burned by James I., in 1614; and this is the more remarkable, as he is a well-natured and not generally bigoted writer. I should think he was the latest protestant who has tarnished his name by such sentiments. James, who in some countries would have had certain reasons for dreading the fire himself, designed to have burned a third heretic, if the humanity of the multitude had not been greater than his own.

By the independents. 52. The Independents claim to themselves the honour of having been the first to maintain the principles of general toleration, both as to freedom of worship, and immunity from penalties for opinion. But that the Arminians were not as early promulgators of the same noble tenets, seems not to have been proved. Crellius in his Vindiciæ pro Religionis Libertate, 1636, contended for the Polish dissidents, and especially for his own sect.[118] The principle is implied, if not expressed, in the writings of Chillingworth, and still more of Hales; but the first famous plea, in this country, for tolerance in religion, on a comprehensive basis and on deep-seated foundations, was the liberty of Prophesying by Jeremy Taylor. |And by Jeremy Taylor.| This celebrated work was written according to Taylor’s dedication, during his retirement in Wales, wither he was driven, as he expresses it, “by this great storm which hath dashed the vessel of the church all in pieces,” and published in 1647. He speaks of himself as without access to books; it is evident, however, from the abundance of his quotations, that he was not much in want of them: and from this, as well as other strong indications, we may reasonably believe, that a considerable part of this treatise had been committed to paper long before.