Question:
Why Church State Separation?
Answer:
Some Colonial Religious Laws in America
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PENNSYLVANIA
PENNSYLVANIA FUNDAMENTAL LAWS
Conversion of the Indians
Charles the Second, by the grace of God, King of England, . . .
Greeting. IVhereas our trusty and well-beloved subject William
Penn, Esquire, son and heir of Sir William Penn deceased, out of
a commendable desire to enlarge our English Empire, and promote
such useful commodities as may be of benefit to us and our Do-
minions, as also to reduce the savage natives by gentle and just
manners to the love of civil society and Christian religion, hath
humbly besought leave of us to transport an ample colony unto a
certain country hereinafter described.-Province of Pennsylvania
Charter of 1681, FRANCIS NEWTON THORPE, The Federal and State
Constitutions, Colonial Charters, and Other Organic Laws, vol. 5,
p. 3036.
COLONIAL PERIOD 65
Religious Test for Officeholders
That all treasurers, judges, masters of the rolls, sheriffs, jus-
tices of the peace, and other officers and persons whatsoever, re-
lating to courts, or trials of causes, or any other service in the gov-
ernment; and all members elected to serve in provincial council
and general assembly, and all that have right to elect such members,
shall be such as possess faith in Jesus Christ, and that are not con-
victed of ill fame, or &sober and dishonest conversation, and that
are of one and twenty years of age, at least; and that all such so
qualified, shall be capable of the said several employments and
privileges, as aforesaid.-Frame of Government of Pennsylvania,
lG82, under Laws Agreed Upon in England, ibid., pp. 3062, 3063.
Religious Test for Citizenship
That all persons living in this province, who confess and
acknowledge the one Almighty and Eternal God, to be the Crea-
tor, Upholder and Ruler of the world; and that hold themselves
obliged in conscience to live peaceably and justly in civil society,
shall, in no ways, be molested or prejudiced for their religious per-
suasion, or practice, in matters of faith and worship, nor shall they
be compelled, at any time, to frequent or maintain any religious
worship, place or ministry whatever.-Ibid., p. 3063.
Sunday Observance
That according to the good example of the primitive Chris-
tians, and the ease of the creation, every first day of the week,
called the Lord’s day, people shall abstain from their common
daily labor, that they may the better dispose themselves to worship
God accbrding to tlieir understantlings.--lbid.
RELIGIOUS ENACTMENTS
“The Great Law” or “The Body of Laws,” 1682
Whereas, the glory of Almighty God and the good of mankind,
is the reason and end of government, and therefore, government in
5
66 AMERICAN STATE PAPERS
itself is a venerable ordinance of God. And forasmuch as it is
principally desired and intended by the proprietary and governor
and the freemen of the Province of Pennsylvania and territories
thereunto belonging, to make and establish such laws as shall best
preserve true Christian and civil liberty, in opposition to all un-
christian, licentious, and unjust practices (Whereby God may have
hi; due, Caesar his due, and the people their due), froem tyranny
and oppression on the one side, and insolence, and licentiousness
on the other, so that the best and firmest foundation may be laid
for the present and future happiness of both the governor and
people, of the Province and territories aforesaid, and their pas-
terity:
Be it therefore enacted by William Penn, Proprietary and Gov-
ernor, by, and with the advice and consent of the deputies of tire
freemen of this province and counties aforesaid, in assembly met,
and by the authority of the same, That these following chapters
and paragraphs shall be the Laws of Pennsylvania and the territo-
ries thereof.
[Freedom of Conscience]
Chap. I. Almighty God, being only Lord of conscience, Father
of lights and spirits, and the author as well as object of all divine
knowledge, faith, and worship, who only can enlighten the mind,
and persuade and convince the understandings of people. In due
reverence to His sovereignty over the souls of mankind. . . .
Be it enacted by the authority aforesaid, That no person, now.
or at any time hereafter, living in the province, who shall confess
and acknowledge one Almighty God to be the creator, upholder
and ruler of the world, and who professes, him or herself obliged
in conscience to live peaceably and quietly under the civil govern-
ment, shall in any case be molested or prejudiced for his, or her
conscientious persuasion or practice.” Nor shall he or she at any
time be compelled to frequent or maintain any religious worship
place or ministry whatever, contrary to his, or her mind, but sha!l
freely and fully enjoy his, or her, Christian liberty in that respect.
COLONIAL PERIOD 67
without any interruption or reflection. And if any person shall
abuse or deride any other, for his, or her different persuasion and
practice in matters of religion, such person shall be looked upon
as a disturber of the peace, and be punished accordingly.
[Sunday Law]
But to the end that looseness, irreligion, and atheism may not
creep in under pretense of conscience in the province, be it fur-
ther enacted by the authority aforesaid, That, according to the
example of the primitive Christians, and for the ease of the ‘crea-
tion, every first day of the week, called the Lord.‘s day, people shall
abstain from their usual and common toil and labor, that whether
masters, parents, children, or servants, they may the better dispose
themselves to read the Scriptures of truth at home, or frequent such
meetings of religious worship abroad, as may best suit their respec-
tive persuasions.
[Religious Test for Public Office]
Chap. II. And be it further enacted Dy &c. That all officers and
persons commissionated and employed in the service of the govern-
ment in this province, and all members and deputies elected to
serve in the assembly thereof, and all that have a right to elect such
deputies, shall be such as profess and declare they believe in Jesus
Christ to be the Son of God, the Saviour of the world, and that
are not convicted of ill-fame, or unsober and dishonest conversa-
tion, and that are of twenty one years of age at least.
[Swearing]
Chap. III. And be is further enacted bc. That whosoever
shall swear in their common conversation, by the name of God, or
Christ, or Jesus, being legally convicted thereof, shall pay for every
such offense five shillings, or suffer five days imprisonment in the
house of correction, at hard labor, to the behoof of the public, and
be fed with bread and water only, during that time.
68 AMERICAN STATE PAPERS
[Blasphemy]
Chap. V. Ard De it further enacted &c. for the Fetter preven-
tion of corrufit communication, That whosoever shall speak loosely
and profanely of Almighty God, Christ .Jesus, the Holy Spirit, or
the Scriptures of truth, and is legally convicted thereof, shall, for
every such offense, pay five shillings, or suffer five clays imprison-
ment in the house of correction, at hard labor, to the behoof of the
public, and be fed with bread and water only, during that time.-
Charter to William Penn, and LOWS of the Province of Pennsyl-
van6 (1682-1700), pp. 107-109.
An Act to Restrain People From Labor on the
First Day of the Week, 1705
No tradesman, artificer, workman, laborer, or other person
whatsoever, shall do or exercise any worldly business or work of
their ordinary callings, on the first day, or any part thereof (works
of necessity and charity only excepted) upon pain that every person
so offending shall for every offense, forfeit the sum of twenty shill-
ings. . . . Provided ~lwu)‘s, that nothing in this act contained shall
extend to prohibit the dressing of victuals in families, cook shops
and victualing-houses, or to watermen landing their passengers on
the first day of the week; nor to butchers their killing and selling of
meat, or fishermen from selling fish on the morning of the first day
of the week, in the fourth, fifth and sixth months, called June, July,
and August; nor to the crying of milk, before nine of the clock in
the morning, or after five in the afternoon. Provided also, that no
person shall be impeached, presented or molested for any offense
before mentioned in this act, unless he or they be prosecuted for
the same within ten days after the offense committed. . . .
And be it fulrther enacted, That all persons who are found
drinking and tippling in ale-houses, taverns, or other public house
or place, on the first day of the week, commonly called Sunday, or
any part thereof, shall, for every offense, forfeit and pay one shilling
and sixpence to any constable that shall clemand the same, to the
COLONIAL PERIOD 69
use of the poor: and all constables are hereby empowered, and by
virtue of their office, required to search public houses and places
suspected to entertain such tipplers, and them, when found, quietly
to disperse; but in case of refusal, to bring the persons so refusing
before the next justice of the peace, who may commit such offend-
ers to the stocks, or bind them to their good behavior, as to him
shall seern requisite.--?‘lrs Charters anal Acts of Asseml~ly of the
Province of Pennsylvania (1700.1743), vol. 1, sec. 2, ?‘he Acts of
Assembly, pp. 19, 20.
American State Papers on Freedom in Religion. 4th Revised Edition.
Published in 1949 for The Religious Liberty Association,
Washington, D.C. First Edition Compiled by William Addison Blakely, of the
Chicago Bar. (1890) under the Title American State Papers Bearing on Sunday
Legislation. pp. 64-69)
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You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Historical Reality SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
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.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
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USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future;
facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good
many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the
plethora of radical Christian propaganda and lies that we find at
almost every media turn.
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THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
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