Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
The Bill for Establishing Religious Freedom in Jefferson's opinion
ranked in importance with the Declaration of Independence. It was not
intended to be a revolutionary document, but simply a common-sense
adjustment of the situation brought about by the repeal of several
provisions of the old Virginia laws. Jefferson took care to explain the
true purpose of the bill in the "Notes on Virginia" (Query XVII). The
Virginia Bill of Rights had proclaimed "it to be a truth, and a natural
right that the exercise of religion should be free." On the other hand,
no mention of it had been made in the Convention and no measure had been
adopted to protect religious freedom. The Assembly, however, had
repealed, in 1776, "all _acts_ of Parliament which had rendered criminal
the maintaining any opinion in matters of religion", and suspended the
laws giving salaries to the clergy. This suspension was made perpetual
in October, 1779. But religious matters still remained subject to common
law and to acts passed by the Assembly. At Common Law, heresy was a
capital offence, punishable by burning, according to the writ _de
haeretico comburando_. Furthermore, by an act of the Assembly of 1705,
"if a person brought up in the Christian religion denies the being of a
God, or the Trinity, or asserts there are more gods than one, or denies
the Christian religion to be true, or the Scriptures to be of divine
authority, he is punishable on the first offence by incapacity to hold
any office or employment ecclesiastical, civil, or military: on the
second by disability to sue, to take any gift or legacy, to be guardian,
executor, or administrator, and by three years' imprisonment without
bail."[65]
This being the situation, the article of the Bill of Rights concerning
religious freedom remained a dead letter until provisions could be made
to take religious matters out of the jurisdiction of the Common Law.
Public-domain text, read in full here on John Shaqi.
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