If it stood alone it would be almost sufficient to plead as
justification for heresy the approach towards equality and liberty for
the utterance of all opinions achieved because of growing unbelief. At
one period in Christendom each Government acted as though only one
religious faith could be true, and as though the holding, or at any rate
the making known, any other opinion was a criminal act deserving
punishment. Under the one word “infidel,” even as late as Lord Coke,
were classed together all who were not Christians, even though they were
Mahommedans, Brahmins, or Jews. All who did not accept the Christian
faith were sweepingly denounced as infidels and therefore _hors de la
loi_. One hundred and forty-five years since, the Attorney-General,
pleading in our highest court, said:⁷ “What is the definition of an
infidel? Why, one who does not believe in the Christian religion. Then a
Jew is an infidel.” And English history for several centuries prior to
the Commonwealth shows how habitually and most atrociously Christian
kings, Christian courts, and Christian churches, persecuted and harassed
these infidel Jews. There was a time in England when Jews were such
infidels that they were not even allowed to be sworn as witnesses. In
1740 a legacy left for establishing an assembly for the reading of the
Jewish scriptures was held to be void⁸ because it was “for the
propagation of the Jewish law in contradiction to the Christian
religion.” It is only in very modern times that municipal rights have
been accorded in England to Jews. It is barely thirty years since they
have been allowed to sit in Parliament. In 1851, the late Mr. Newdegate
in debate⁹ objected “that they should have sitting in that House an
individual who regarded our Redeemer as an impostor.” Lord Chief Justice
Raymond has shown¹⁰ how it was that Christian intolerance was gradually
broken down. “A Jew may sue at this day, but heretofore he could not;
for then they were looked upon as enemies, but now commerce has taught
the world more humanity.”
⁷ Omychund v. Barker, 1 Atkyns 29.
⁸ D’Costa v. D’Pays, Amb. 228.
⁹ 3 Hansard cxvi, 381.
¹⁰ Lord Raymond’s reports 282, Wells v. Williams.
Lord Coke treated the infidel as one who in law had no right of any
kind, with whom no contract need be kept, to whom no debt was payable.
The plea of alien infidel as answer to a claim was actually pleaded in
court as late as 1737.¹¹ In a solemn judgment, Lord Coke says:¹²
¹¹ Ramkissenseat v Barker, 1 Atkyns 51.
¹² Coke’s reports, Calvin’s case.
Public-domain text, read in full here on John Shaqi.
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