Advocates of Religious Toleration & Freedom
Dr. James Leo Garrett, Jr., Distinguished Professor of Theology
Southwestern Theological Seminary, Fort Worth, Texas, 1978

PART ONE
Key Documents in Advocacy of Religious Toleration:
From Chelčický to Helwys

PREFACE

The author was privileged to deliver the 1976 Day-Higginbotham Lectures at Southwestern Baptist Theological Seminary, Fort Worth, Texas on 10‑12 February 1976.   This lectureship was established in 1965 by an endowment fund donated by Mrs. Edwin M.  Reardon III, of Fort Worth, as a memorial to the late Paul Clanton Higginbotham and to Mr. and Mrs. Riley Day.  The author wishes to express his gratitude to Mrs. Reardon and to the president and faculties of Southwestern Baptist Theological Seminary for the opportunity to explore both the classic advocacy of and the contemporary situation concerning religious freedom.

The first and second of the three Day-Higginbotham Lectures appear here in slightly revised form.   The author is especially indebted to Dr. E. Bruce Thompson, Dr. Bill L. Lanning, and Mr. Edward N. Curtis for their valuable assistance in bringing these lectures to their present form.

James Leo Garrett, Jr., Baylor University, February 1978

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PART ONE -- “Key Documents in Advocacy of Religious Toleration:  From Chelčickỳ to Helwys.”

PART TWO -- “Key Documents Toward the Advocacy of Religious Freedom:  From Roger Williams Through Vatican Council II.”

PART THREE -- “Religious Freedom:   Why and How in Today’s World,” has been published in Southwestern Journal of Theology 18  (Spring 1976):  9‑24.

Parts One and Two are shown here with permission and that their viewing is at no charge and that there is no violation of copyright, as Professor Garrett retains all copyrights to Parts One and Two.  Part Three with permission from Southwestern Seminary, Fort Worth.  Placed into HTML and book-marked by MG Maness.


 

PART ONE

Key Documents in Advocacy of Religious Toleration:
From Chelčický to Helwys

Professor James Leo Garrett, Jr., 1978
Southwestern Baptist Theological Seminary, Fort Worth, Texas

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

 

Scope              Top

“We must obey God rather than men.”  These words of Peter (Acts 5:29), addressed to the Jewish Sanhedrin rather than to Roman imperial authorities after the apostles had been admonished “not to teach in this name [of Jesus]” (5:28), has served as the primal apostolic text to which all subsequent Christians could refer and from which they could draw courage if and when they faced a conflict of allegiances:  divine and human, heavenly and earthly, eternal and temporal, ecclesial and civil.  For more than three centuries most of the early Christians lived, witnessed, suffered, and died in a political context hostile to their faith.  Then in the fourth century A. D. came the double changes of toleration and establishment within the Roman Empire--events which some later Christians interpreted as the “fall” of the church.  These changes were soon to be followed by the suppression and persecution by use of civil power of those who were not Catholic Christians.  In later centuries Christendom was to participate in the Crusades, to justify the just war, and to inflict and suffer the Inquisition.

The purpose of this study is to investigate the more significant and representative writings in advocacy of religious toleration and religious freedom during the classic period of such literature—the fifteenth, sixteenth, and seventeenth centuries—and in the light of such investigation to consider the whether, the why, and the how of religious freedom during the last quarter of the twentieth century.

The histories of religious toleration or freedom have generally embraced the leading monographs, compacts, treaties, constitutions, public documents, and events pertaining to that history.1  The scope of this study is much more limited:  it focuses on key monographs by individual authors.  It does not embrace the literature of confessional minimalism or of Christian reunion, even though such seems to have affected the struggle for toleration and liberty.  This study will, however, be more inclusive than the scope suggested by Alfred North Whitehead's statement in Adventures of Ideas:  “The apostles of modern tolerance—in so far as it exists‑‑are Erasmus, the Quakers, and John Locke.”[1] 

Peter Chelčický (1390?‑late 1450s?)    

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

Peter Chelčický (1390?-late 1450s?) was a south Bohemian Christian writer and leader who went beyond the heritage of John Hus and the stance of the Prague Hussites and refused to embrace the militant chiliasm of the Taborites but served as the conceptual forerunner of the Unitas Fratrum.  He pioneered the recovery of the doctrine of apostolic nonviolence and applied such to religious wars and persecution.[2]  The first of The Four Articles of Prague, finalized in 1420, specified the free and unhindered proclamation of “‘the Word of God .  .  .  by Christian priests in the kingdom of Bohemia,’” but such language, as J. K. Zeman has noted, probably meant “the freedom of Hussite propaganda.”[3]

Early in the 1420s, in his treatise On the Holy Church Chelčický declared:

For God did not, through his apostles, ordain a king for the Holy Church, to bear her tribulations on his sword, to fight for her against her enemies, and through force to make that Church serve him.  Nor did he give her judges or magistrates, so that the Holy Church might come before them and litigate over the goods of this world.  Nor did he give her bailiffs and hangmen, so that some members of the Holy Church could hang others, or torture others on the rack, for the sake of material things‑‑this is for the pagans and for this world.[4] 

In his treatise On the Triple Division of Society,[5] written in 1424 or 1425, Chelčický sharply differentiated the secular order with its societal divisions from “the order of Christ,” the one functioning “through power and under compulsion” and the other “through love and good will.”  Hence

setting up a physical lord over themselves with the sword, to chop off all the dead limbs and to drive others against their will, to put others in prison, to torment people and enslave them, just as he likes--this is as far from the words of St.  Paul as the throne of Lucifer is from that of Christ.[6]

The mixture of Christian faith with secular power resulted in the violent taking of life in numerous ways, but such “doctrine” was of Jewish or pagan, but not Christian, origin.

If he [Christ] had wanted people to cut each other up, to hang, drown, and burn each other, and otherwise pour out human blood for his Law, then that Old Law could also have stood unchanged, with the same bloody deeds as before.[7] 

During the early 1440s Chelčický, the village sage, wrote his “most mature and most representative work,”[8] The Net of Faith[9] a treatise on the relation of the Christian, the church, and the state.  The book's framework is an allegorical interpretation of the miraculous draft of fish recorded in Luke 5:4‑11.  The “net” is the Christian faith, or the faith in Christ that leads to salvation.  The net has encompassed not only many believers but also numerous “adverse” fish.  The net remained untorn for three centuries but at the time and by the act of the Donation of Constantine two great whales, the emperor and the pope, entered the net, turned about in it, and tore it “so that little of it remains.”  The two whales “spawned many scheming schools” that further tore the net.[10]  The pope abandoned apostolic poverty and tried to rule in pagan fashion both believers and the world.  Only he could validate the ministry of other priests, the pope claimed.  He took to himself divine prerogatives, i.e., the forgiveness of sins, and he multiplied the number of laws that were contrary to God's law.  Likewise, the emperor was guilty of infiltrating the net with paganism and pagan rulership.[11]  Civil authority operated by coercion, which is contrary to the love of Christ.  A true Christian cannot be civil ruler‑over either true fellow Christians or the strayed, disobedient ones, because coercion and brotherly equality and love are incompatible.  War and bloodshed are not Christ's way.  Hence the coercive method of civil authority and the persuasive method of Christ must be kept distinct.[12]  Strictly speaking, The Net of Faith is not a book devoted to the subject of religious freedom, but it contains a critique of that use of force which prevails in state‑churchism and would increasingly evoke the laments, protests, and appeals of the advocates of toleration or of freedom of conscience during the next two centuries.

Desiderius Erasmus (1466‑1536) 

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

 Desiderius Erasmus (1466-1536), the great humanist and irenicist “with deep roots in the devotio moderna, who was critical of, yet loyal to, the Roman Catholic Church, is normally treated in the history of religious toleration.  Perhaps his greatest con­tributions to toleration were his quest for the foundational or essential Christian doctrines and his vigorous advocacy of peace.  Kamen has contended that “for Erasmus, as for other contemporary humanists, toleration was not an ideal;  it was only a means towards securing that religious harmony for which all Christians yearned.”[13]

According to Bainton, Erasmus “magnified the non‑essentials [in dogma] in order to enlarge the area of beliefs immune to persecution.”[14]  But neither minimal doctrine nor peace as treated in the works of Erasmus can be traced in detail here.

Erasmus did not produce a major monograph on religious toleration but did treat the subject in various treatises and letters.  The magistrate, he wrote in 1513, should cautiously use the death penalty for any offense and should attempt to reclaim the guilty.[15]  In writing to Paul Volz in 1518 he proposed the formulation of “a kind of resume of the whole ‘philosophy of Christ’” and said:  “Those who would receive such instruction . . . would understand that they had found fathers, not tyrants;  shepherds, not robbers;  that they were called unto salvation, not dragged into slavery.”[16]  Erasmus declared in a treatise published the same year, in commenting on Isaiah 42:  1‑3 and Matthew 12:18‑20:

Here one hears no mention of tortuous syllogisms, nor of threats and thunderbolts;  no mention here of troops armed with steel, nor of bloodbaths and burnings.  But you do hear of gentleness, of kindness towards the weak in whom there is still some hope of the fruits of goodness. . . . Who, then, does not see that if the Christian  commonwealth has fallen into a state of decadence, it must be defended and saved by the same means which helped it to be born, to grow, and to establish itself.[17]

Erasmus commented on the proper treatment of Martin Luther when he wrote to Albert of Brandenburg, archbishop of Mainz, in 1519:

[I]f he is innocent, I would not like to see him crushed by evil factions;  if he is in error, I would like to see him cured, not lost.  Such conduct would agree better with the example of Christ who . . . did not extinguish the smoking flax, nor break the bruised reed.[18]

Many of the theologians “do nothing but constrain, destroy or extinguish,” despite Augustine's ancient disapproval, concerning the treatment of Donatists, of “those who satisfy themselves with compulsion, instead of giving instruction.”[19]  Even the treatment of heretics had changed:

Formerly the heretic was given an attentive hearing.  If he explained himself satisfactorily, he was absolved;  if after conviction of heresy he remained obstinate, his supreme penalty was to be excluded from communion with the Church.  Nowadays the crime has changed its character;  for any futile reason they shout at once:  ‘Heresy! Heresy!’[20]

The increase of persecution was a mark of the church's fall from apostolic purity.[21]

Erasmus interpreted the parable of the tares so that the “servants” desiring to root out the tares in the present age contrary to the intention of the “householder” were those who wrongly claimed that the false teachers and heretics should be put to death.[22]   He deplored coerced faith in a letter to John Carondolet (1523):

When faith is in the mouth rather than in the heart, when the solid knowledge of Sacred Scripture fails us, nevertheless by terrorization we drive men to believe what they do not believe, to love what they do not love, to know what they do not know.  That which is forced cannot be sincere, and that which is not voluntary cannot please Christ.[23]

Both to Philip Melanchthon, a Protestant, and to Duke George of Saxony, a Catholic, Erasmus wrote in 1524 of “the futility of persecution.”[24] 

In a treatise on the errors in the censure by Noël Beda (1526) Erasmus cited Jerome and Chrysostom as opposed to putting heretics to death.  “Is it a law of the Church to cast anyone into vengeful flames?  For the ancient bishops the extreme penalty was excommunication.”  Citing Augustine of Hippo Regius, Erasmus held that if heretics should “disturb the public peace,” magistrates “should curb” them.  But inquisitorial methods employed by bishops and theologians were often unjust.  Beda had failed to “distinguish between ecclesiastical censures and capital punishment inflicted by civil law.”  However, the parable of the tares did not prevent princes, only church officials, from punishing heretics.

I will not favor a milder treatment of one whom I know to be a heretic, that is, one who errs maliciously, who is factious and incurable.  I do not urge clemency for heretics to the point that I become one myself.[25] 

After 1526 Erasmus boldly proposed “a temporary, but legalized, tolerance towards the Lutherans,” not unlike the cuius regio eius religio of 1555, but the appeal fell on deazo ears.[26]  Imperial usage of force on heretics “is indeed a bad remedy which kills more patients than it saves.”[27] 

Another treatise critical of inquisitorial methods appeared in 1528 in reply to Spanish monks.   Imprisonment and burning of heretics were contrary to the mercy of Christ, but Erasmus defended the appeal by Catholic bishops to the emperor in opposition to the Donatists and Circumcellions on the ground of the “unsufferable fury” and “intolerable savagery” of the latter.  Erasmus assessed the transfer of responsibility for heretics from ecclesiastical to civil authorities as “mere subterfuge” and contended that the sixteenth‑century treatment of heretics was more severe than the late patristic or the early medieval.  But John Chrysostom had allowed various forms of restraint of heretics, although not the death penalty.[28]  In 1529 Erasmus declared:

If Paul were here today he would not disapprove of the state of the church, I think, but would lament the vices of men. . . .  These vices, however, are to be corrected without tumult, and we must take care lest the remedy be worse than the disease.[29]

Bainton has reckoned with the question as to whether Erasmus retrogressed on religious toleration.[30]  Leading evidence may be derived from his treatise on the Turkish War of 1530, in which he responded to a protest against persecution by stating, “Not that I condemn the present severity which is perhaps necessary.”[31]  Nevertheless, the religious and ethical‑rational aspects of the Erasmian writings on persecution and toleration were destined to impress and influence later advocates of toleration. 

Balthasar Hübmaier (1481‑1528)           

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

Of a different character were the relatively brief thirty-six articles entitled Von Ketzern und ihren Verbrennen (Con­cerning Heretics and Those Who Burn  Them[32] and written by the former Catholic theologian who had become Anabaptist pastor in the upper Rhine Austrian‑ruled town of Waldshut, Balthasar Hübmaier (1481‑1528).  Composed while Hübmaier was in refuge in the Benedictine monastery of Schaffhausen in Switzerland and published in the German city of Constance during late September or early October 1524, these articles presented the burning of “heretics” as a Satan‑inspired evil.  “Heretics,” according to Hübmaier, were “those who deceitfully undermine the Scriptures” or “those who conceal the Scriptures and interpret them other than the Holy Spirit demands.”  The law prescribing that they be burned “builds up both Zion in blood and Jerusalem in wickedness,” and “the inquisitors,” among whom the Dominicans were predominant, were “the biggest heretics of all,” since their ac­tion is contrary to “the teaching and example of Christ,” who came to give “abundant” life.[33]  Hübmaier interpreted the parable of the tares (Matt.  13:24‑30) to mean that both the “wheat,” or the orthodox, and the “tares,” or the heretics, were to “grow together until the harvest,” for then God would judge the heretics.  Consequently, in the present era heretics, even including Turks, ought to be persuaded and convinced by “strong proofs and evangelical reasons,” not burned, though some may become hardened in their heresy.[34]  Efforts to justify the burning of heretics were an alteration of the Scriptures, and the only sword rightly to be used by Christians against “the godless” is the Bible.  Civil authorities ought to “put to death criminals” but not heretics, including atheists.[35]  While it was “a disgrace to kill a heretic,” it was a “greater offense to burn to ashes the faithful preachers of the Word of God without conviction or arraignment by the truth.”[36]

Henry C. Vedder at the beginning of the twentieth century referred to Hübmaier's articles as “the earliest plea that has come down to us for complete toleration.”[37]  But more recently Torsten Bergsten has written of the document:

It has been called the most outstanding apology for the idea of toleration which the sixteenth century has brought forth.  Originally, however, the theses were not intended as a theoretical justification of universal religious freedom but as self‑defense.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When Hübmaier explained in the articles concerning heretics, that the civil authority has no power over faith, he gave expression to a common conviction of the Reformers. . . .  For this type of religious freedom Hübmaier became an early and zealous advocate.  His conduct as an Anabaptist leader in Waldshut and Nikolsburg however, yields the conclusion that he was not prepared to concede to each individual the right to bring into a city or territory a different persuasion of faith.  No more than the remaining Reformers can one call Hübmaier a defender of the unlimited individual freedom of religion in the modern sense of the word.[38]

If Bergsten is correct, Hübmaier's contribution centered in exposing the antichristian character of burning heretics. 

John Brenz (1499‑1570)      

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

But the evil of burning “heretics” was also deplored by a leading representative of the Lutheran Reformation, John Brenz (1499‑1570), who ironically became “one of the principal sixteenth‑century architects of the Lutheran territorial state church (landesherrliche Kirchenregiment)” and one who “assigned to the office of Christian magistrate that which Luther . . . had assigned to the congregations, that is, full responsibility for the external ordering of the church.”[39]  Brenz, the town preacher in Schädbish‑Hall from 1522 to 1548, in 1528 wrote a treatise entitled Ob ein Weltliche Obrigkeit in Göttlichen und billichen Rechten die Widertäoruffer durch Fewer oder Schwerdt von Leben zum todt richten lassen möge?  (Whether a Secular Magistrate by Divine and Equitable Rights May Allow the Anabaptists to Be Sentenced through Fire or Sword from Life to Death).[40] 

Should magistrates, Brenz asked, put to death “by fire or sword” those guilty of the “fanatical heresy” of the Anabaptists on the basis of the imperial law against rebaptism dating from Theodosius and Justinian I?  Brenz's negative answer hinged on his distinction between “spiritual” and “civil” offenses.  The former, such as “unbelief, misunderstanding of Scripture, heresy . . . [and] covetousness,” ought to be punished only by spiritual means, i.e., “the Word of God.”  On the contrary, the “civil” offenses, notably “treason, murder, robbery, theft, [and] adultery,” ought to be punished “by the sword of the emperor.”  The civil sword, when used against heretics, would “entrench the devil” and confirm the heretics in their heresy but not “disclose” their “secret sin.”  Only the gospel and the Bible could truly expose heresy.  Hence heretics who were not criminals should not have inflicted on them civil punishment.[41]  The “tyrannical use” of the civil sword multiplies Anabaptists.[42]  Brenz contended that the law against rebaptism in the Justinian Code referred only to rebaptism by Catholic ministers, applied only to those apprehended in the very act of baptizing and survives only in an excerpt.  The Swabian Lutheran leader identified the parabolic “tares” as “unbelievers and heretics” and recognized as legitimate the ecclesiastical excommunication of heretics.[43]  Brenz asked, “if heresy were to be expelled by force what point would there be in studying Scripture?”[44]

Kantzenbach has contrasted Brenz’s “word of mildness” with Melanchthon's Augustinian justification of the use of the sword against Donatists and has noted Brenz’s opposition both to “the performance of the death penalty” and “to the toleration [Duldung] of the sects.”[45]  Consequently, Steinmetz can assert that  “Brenz is not an advocate of tolerance in the modern sense,” for the state “has the right to forbid heretics from preaching and may even compel the children of Anabaptists to be baptized against the express wishes of their parents.”[46]  But Brenz's distinction between spiritual offenses and penalties and civil offenses and punishments was an important step toward that fuller toleration.

Sebastian Franck (1499‑1542)

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

Sebastian Franck (1499-1592), the rational Spiritualist in his Chronica, Zeÿtbuch und Geschÿhtbibel (1531),[47] added to the consideration of the bodily punishment of “heretics” the element of a reversal of judgments, human and divine, temporal and eternal.  Franck quoted approvingly Jerome's statement “'that the bodies of many are revered on earth whose souls are tormented in Hell.’”  The “world,” said Franck, “holds as heretical anything, no matter how right and true, which opposes its abomination.”  Hence the Hebrew prophets, Jesus and the apostles, Peter Waldo, John Rokyczana, John Wyclif, and John Hus “were con­demned as heretics.”  In Franck's era “many are regarded as heretics and punished, whom future generations will revere as saints.”  Franck feared “that many good Christians have been numbered among the heretics.”  Rejecting any progressive amelioration of society, Franck declared:  “Subsequent generations  always build and garnish the tombs of the prophets, Christ, and the apostles and yet ever, like the Jews, fill up the measure of their fathers.”[48]  Moreover, “if I had the choice I should prefer to be among those whom the world condemned as heretics rather than among those who have been esteemed as saints.”  Contemporary persecutors are in accord with neither the gospel nor the “Catholic doctors.”  Unfortunately books by “heretics” have been destroyed.  Such destruction has made a fresh, undistorted appraisal of teachings so-called “heretics” impossible.  Franck found that Augustine of Hippo, Regius, Chrysostom, Bede, and Anselm of Canterbury had interpreted the parable of the tares so as to apply to the non‑punishment of heretics.  Heretics, therefore, are to be “Punished only by excommunication” or possibly by banishment, but to use the sword against them is to return to Moses.[49]

Menno Simons (c.1496-1561)

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

Persecution of the Anabaptists constituted a major theme in the writings of Menno Simons (c.1496‑1561), the former Roman Catholic priest who, after the Münster debacle, gathered together and shepherded the Obbenite Anabaptists of Holland and northern Germany.  Menno hardly set forth a formal theory of toleration or of religious freedom but repeatedly appealed to civil authorities for toleration and interpreted for his fellow Anabaptists the experience of persecution.

To throttle the “truth” and to defend “lies” “with the sword” is not the way of Christ.  “For this is the real disposition and conduct of Antichrist:  to employ slander, arrest, torture, fire, and murder against the Spirit and Word of God.”[50]  In his “Foundation of Christian Doctrine” (1539) Menno appealed to the magistrates on the basis of the irrationality of man's persecution of his fellow man and the limitation of coercion by magistrates to criminal offenses.

Do not excuse yourselves, dear sirs, and judges, because you are the servants of the emperor.  This will not clear you in the day of vengeance. . . .  Serve the emperor in imperial matters, so far as Scripture permits, and serve God in divine matters. . . .  Do not usurp the judgment and kingdom of Christ, for He alone is the ruler of the conscience, and besides Him there is none other.  Let Him be your emperor in this matter and His holy Word your edict, and you will soon have enough of storming and slaying.  You must hearken to God above the emperor, and obey God's Word more than that of the emperor.[51]

Can persecutors rightly claim to belong to Christ's true church?

0 Lord, if it were true that this vast church were Thy holy church, bride, and body as they boast it to be, then we might truthfully assert that Thou art the prince, bridegroom, and head of an abominable, detestable band of murderers who seek after the innocent blood of those who sincerely seek, fear, love, and serve God.[52] 

Menno despaired of finding a true Christian magistrate.

When I think to find a magistrate who fears God, who performs his office correctly and uses his sword properly, then verily I find as a general rule nothing but a Lucifer, an Antiochus, or a Nero, for they place themselves in Christ's stead so that their edicts must be respected above the Word of God.[53]

Yet he also declared that

we seek, desire, teach, and preach that all magistrates, emperors, kings, dukes, counts, barons, mayors, knights, junkers, and burgomasters may be taught and trained by the Spirit and Word of God that they may sincerely seek, honor, fear, and serve Christ Jesus . . . .[54]

Menno also appealed to magistrates to cease their persecutions.

Dear lords, look out, the hour is fast approaching that . . . the impartial, righteous Judge of all our affairs will judge and give sentence;  then you will discover too late whom you have persecuted and pierced.  Therefore, rouse yourselves in time, fear God, reflect, and reform while it is still called today.[55]

By 1552 Menno identified persecution unto death as “the manifest work of Satan and found it necessary to answer false charges against Dutch and north German Anabaptists:  that they were Münsterites, that they would not recognize and obey the magistracy, that they were engaged in revolutionary sedition, that they practiced community of goods, and that they prac­ticed polygamy.[56]  Menno's “The Cross of the Saints” (c.1554) proved to be a manual on persecution.  Indeed, the persecution of the godly, originating with Cain and Abel, extends throughout history until Christ's parousia.  The contemporary persecutors “are not Christians but an unbelieving, carnal, earthly, wanton, blind, hardened, lying, idolatrous, perverted, malicious, cruel, unmerciful, frightful, and murderous people, who by their actions and fruits show that they neither know Christ nor His Father.”  They are persecuting the Anabaptists, explained Menno, because of the manifestation of divine grace and the transformation of lives among the perse­cuted and because Anabaptists are supremely loyal to Christ and test religious teachings and practices by the norm of Scripture, a document replete with examples of the persecution of the godly.  But bearing the cross in persecution is the role of true Christians.[57]

Sebastian Castellio (1515?‑1563)

Scope                                   Bernardino Ochino (1487-1565)
Peter Chelčický     (1390?-1450s?)      Jacob Acontius    (?–1566?)
Desiderius Erasmus  (1466‑1536)         Jean Bodin        (1529?-1596)
Balthasar Hübmaier  (1481‑1528)         Caspar Coolhaes   (1536‑1615)
John Brenz          (1499‑1570)         John Althusius    (1557-1638)
Sebastian Franck    (1499‑1542)         Thomas Helwys     (?-1615?)
Menno Simons        (c.1496‑1561)       Summary Conclusion
Sebastian Castellio (1515?‑1563)        Top

 “Michael Servetus was burned in Geneva, at the instigation of John Calvin, for anti‑Trinitarianism and Antipaedopabtism in the year 1553.”[58]  Thus Roland H. Bainton has succinctly identified the event that was to evoke one of the most significant treatises in the entire history of the advocacy of religious freedom, an anthology entitled Concerning Heretics by Sebastian Castellio (1515?‑1563), former associate and co‑laborer with Calvin in Strasbourg and in Geneva but by then a resident of Basel, alienated from Calvin and living in semi‑poverty.

Castellio's pen was not the first to respond to the burning of the Spanish physician‑theologian.  David Joris (?‑1556), the Flemish‑born chiliastic Anabaptist who had left his followers, the Davidians, and had become a refugee in Basel under an assumed name, had written a letter to the magistrates, probably late in 1553, in which he declared that Jesus forbade persecution and in which he warned the preachers involved in turning over Servetus to the civil authorities to “avoid the sin against the Holy Ghost.”  If “free rein were given” to “kill heretics,” there would be a massive loss of life among competing religious groups.  Admonition or banishment should have been the severest punishment inflicted on Servetus, wrote Joris, if indeed he “is a heretic or a sectary before God.”  Persecutors act “in the time of their ignorance and blindness similar to Paul’s.”[59]

By 1551 Castellio had completed a translation of the Bible into Latin.  Its preface, dedicated to the young King Edward VI of England, insisted that “there is much in Scripture which we do not understand and hence about which we should not persecute” and pointed to yet to be fulfilled biblical predictions which should discourage the passing of “hasty judgments.”[60]   “We declare that we are not allowed to kill anyone,” wrote Castellio, “yet we deliver men to Pilate and if he releases we say that he is no friend of Caesar.”  This “is done through zeal for Christ and . . . in His name,” thus covering “the cruelty of the wolf with sheep's clothing.”  Instead of following the patterns of toleration in Judas Maccabeus, Moses, Gamaliel, and Paul, persecutors “pull up the tares.”  Moreover, “it is absurd to wage spiritual war with earthly arms.  The enemies of the Christians are the vices which are to be cured by the virtues.  The office of the doctor [i.e., teacher] is not to be committed to the executioner.”  “If we suffer Turks and Jews to live among us” and also various kinds of immoral people, “we ought at least to concede the right to breathe the common air to those who confess with us the same Christ and harm no one.”[61]   In the “Preface” to his French translation of the Bible (1555) Castellio called for the cessation of persecution and martyrdom on the basis of an analogy:   the ending of a battle at nightfall lest friends be killed instead of enemies and for the same precaution the silencing of the artillery in daytime when hand to hand combat has begun.[62]

Concerning Heretics:  Whether They Are to Be Persecuted and How They Are to Be Treated;  A Collection of the opinions of Learned Men Both Ancient and Modern, a refutation of the burning of Servetus, appeared in 1554 one month after Calvin's Defence had appeared.  The anthology contained passages from certain Church Fathers, Luther, Brenz, Erasmus, Franck, and others and passages attributed to one “George Kleinberg” and to “Basil Montfort.”

The “Dedication” to Duke Christoph of Württemberg was attributed to one “Martin Bellius.”  Modern scholarship has tended to regard Kleinberg, Montfort, and Bellius as pseudonyms of Castellio, although Castellio may have been assisted by others.  The “Dedication,” according to Rufus M. Jones, “is one of the mother documents on freedom of conscience from which in time came a large offspring.”[63]

Christ is the Prince of this world who on His departure from the earth foretold to men that He would re­turn some day at an uncertain hour, and He commanded them to prepare white robes for His coming, that is to say, that they should live together in a Christian manner, amicably, without controversy and contention, loving one another.[64]

But instead disputes over the person of Christ, the Trinity, pre­destination, and free will, have engendered pride and led to con­demnation and persecution-- “banishments, chains, imprisonments, takes, and gallows.”  Those striving “to prepare the white robe,” if deviating from the majority on any dogma, have been ruthlessly put to death, the action being attributed to the “will” of Christ.  But will Christ at his coming, the prince was asked, commend such activity?  Ought Antipaedobaptism to be treated as a crime?  Let the persecutors examine their own consciences and lives.  A man may be falsely accused of being a “heretic,” and the punishment of a genuine “heretic” may be too severe.  Indeed Christian history shows that “persecution has always accompanied genuine religion.”  Moreover, Christians, “when elevated to riches and power, degenerate” and, betraying Christ, “defend Mars and convert true religion into force and violence.”  People tend to apply the label “heretic” to all “with whom” they “disagree,” whether or not their contrary teaching is accompanied by great moral offenses.  Jews and Turks are not to be condemned but won “by true religion and justice” and mercy.  Professing Christians, moreover, ought to be able to live together with their disagreements until reaching a true unity.  If Christ were a persecutor, we would reckon him “a Satan.”[65]

Deploring the bloodshed of the contemporary wars of religion, Castellio as “George Kleinberg” argued that if heretics are indeed the “tares,” then they should not be put to death but Left to the harvest, and, on the contrary, if the “tares” should mean criminals, the stay of their executions until the end of the age would mean that “the world could not endure” with such rampant crime.  “He who suffers persecution for the faith is either correct or mistaken.  If he is correct he should not be harmed.  If he is mistaken he should be forgiven.”  But the “bloodthirsty” are “drunk with the cup of Antichrist.”[66]

Under the pseudonym “Basil Montfort” Castellio accused the promoters of persecution of collecting and misusing biblical texts to “enflame princes to bloodshed.”  Castellio sought “to answer the arguments of the persecutors” in order “to open their eyes” so “that others may not be deceived by their authority.”  He then dealt with specific texts, especially in the Pentateuch and in Acts,[67]  in an effort to show that they do not advocate death for “heretics.”  Castellio noted that the office of the magistrate and the office of the minister are “vastly different” and not interchangeable, as Calvin himself had taught, and hence the magistrate ought not to “kill by the sword those whom the minister ought to kill by the word.”  Nor can the citation of the “examples and decrees” of Roman emperors “for the punishment of heretics” sustain the contemporary case for persecution, because there were emperors who avoided cruel religious persecution:  Gratian, Valentinian, Valens, and Theodosius.  Furthermore, “to resort to force even in civil matters is a confession of quilt and a lack of confidence in the justice of one's case.”  Christ's wisdom needs “no other weapons.”  Castellio stood, it would seem, in the succession of Abel, not of Cain.[68]  Those who persecute for religious beliefs are Ishmaelites.  Even as the “younger and weaker” Isaac could not persecute Ishmael, so “Christians, because they are born after the Antichrists, are weaker and are not able to persecute the Antichrists.”  Even as Sarah did not cast out Ishmael but asked her husband Abraham to do so, so also the contemporary church ought not to cast out or punish “the ungodly,” i.e., heretics, but rather to ask God or Christ to do the same in the eschatological judgment.[69]

In his Counsel to France in Her Distress (1562), wherein he warned that the effort to restrain religion would bring ruin to the nation, Castellio made appeals both to the Catholics and to the Evangelicals.  To the Catholics he wrote:  You have severely persecuted the Evangelicals for the “crime” of not accepting the pope, the mass, and purgatory, which are not mentioned in the Bible.  Do you profess as Catholics “to maintain the Catholic faith contained in the sacred Scriptures” and yet burn “heretics” who wish to believe only what is in the Scriptures?  For this you will have to answer to Christ the Judge on the last day.  To the Evangelicals he wrote:  You formerly endured persecution with patience, loving your enemies and returning good for evil.  But now some of you are fighting with carnal weapons;  though Christ's commandment is unchanged, you “shed blood,” “force consciences,” and “condemn as infidels those who do not agree with your doctrine.”  In so doing you follow your “enemies” and violate the Golden Rule.  Of both Catholics and Evangelicals who engage in violence Castellio asked whether they would want to have their consciences forced.  Catholics by persecuting Luther and Lutherans had multiplied their numbers, and Evangelicals had been blessed of God so long as they “fought with spiritual arms.”  Alas, Zwingli took the sword and perished by it!  Here is the dilemma;  if the persecuted goes against his conscience, he will be finally “damned”;  if he goes with his conscience, he will lose his property and his life.[70]

In the same year (1562) Castellio, using the pseudonym “Vaticanus,” produced his Reply to Calvin's Book in Which He Endeavors to Show That Heretics should be Coerced by the Right of the Sword.  Calvin's program, Castellio contended, would result in the extermination of all non‑Calvinists except Jews and Turks.  Christ's rule (Matt.‑l.8:15‑17) is private admonition, the taking of witnesses, and the report to the church;  but Calvin's rule is admonition, prison, and the magisterial rod.[71]  He asked Calvin,

If Servetus had attacked you by arms, you had rightly been defended by the magistrate;  but since he opposed you in writings, why did you oppose them with iron and flame? . . .  And do you dare upbraid the Papists?  Produce a single instance in which the Panists dragged a Lutheran or Calvinist from Mass to prison as Servetus among you was dragged from a sermon.[72]

Castellio countered:  “To assert one's faith is not to burn a man, but rather to be burned.”  Indeed in Christ's kingdom the “sword is not admitted . . . save to kill Christ and His disciples.  There are those who bear the sword as ministers of God, but to punish malefactors, not to erect the kingdom of Christ.”[73]  As if reaching his peroration Castellio, declared:

To kill a man is not to defend a doctrine, but to kill a man. 
When the Genevans killed Servetus they did not defend a doctrine; 
they killed a man. . . .  What has the sword to do with doctrine?
[74]

Castellio answered successively Calvin's attempt to use as support for sixteenth‑century persecution of “heretics” Jesus, driving of the moneychangers from the temple, Peter's “striking” Ananias and Sapphira “with sudden death,” and Nebuchadnezzar's application of the death penalty to those who blasphemed the God of Israel.  Calvin tried to attach to the literal interpreta­tion of the parable of the tares the charge that it would destroy all church discipline, and he downgraded the advice of Gamaliel on the same ground.  Both Calvin and “the sects,” declared Castellio, claim that “their religion” has been “established by the Word of God.”  Both wish to judge the truth.  “Who made Calvin judge of all the sects, that he alone should kill?” But, it should be noted, Castellio did not advocate religious freedom for all.  Those whom he called “the impious, the despisers of Sacred Scripture and blasphemers” could be rightly “punished by the magistrate, not on account of religion‑‑they have none‑‑but on account of irreligion” to the extent of imprisonment, “in the the hope of correction.”[75]

Bainton understands Castellio’s “theory of religious liberty” as the result of the confluence of two streams:  “the ethical and rational, borrowed largely from Erasmus” and “the spiritual and mystical taken from Sebastian Franck and the German mystics.”  According to the ethical, “deed is more important than creed” and “deeds must be the test of creeds.”  According to the rational, “We do not know enough to persecute.”  According to the spiritual, religion is a thing of the Spirit, which the carnal can neither judge nor create.”  According to the mystical, “the way of salvation” and hence the way to God “is the bearing of the cross,” or the way of suffering.  By combining the two, or indeed four streams, according to Bainton, Castellio avoided both the “rabid anti-clericalism” that may result from “rationalism” and the “strident prophetism” that may issue from “mysticism.”  Whereas Johannes Kühn has attributed the limits which Castellio placed on