Posts Tagged ‘England’

Freedom of conscience and the City of Brotherly Love

Saturday, May 21st, 2011

William Penn, Newcastle, Delaware

William Penn, Newcastle, Delaware

As the World Day for Cultural Diversity is being celebrated today on 21 May, it seems fitting to remember the vision of William Penn for an inclusive society, a place where various religious groups would live together in peace and harmony.

William Penn was born in England on 14 October 1644, the son of William Penn, an English captain in the Navy and Margaret Jasper, herself the daughter of a rich Dutch merchant from Rotterdam. When William was born, his twenty-three year old father was blockading Irish ports as part of the effort to quell Irish Catholic unrest. The captain was rewarded for his role in the English Civil War with lands in Ireland that had been confiscated from Irish Catholics following the massacre of Protestants. Those were turbulous times: Oliver Cromwell had led a successful Puritan revolution against Charles I, resulting in the King being beheaded in 1649.

Penn spent his youth between England and Ireland where his father was exiled for a while after a failed mission to the Caribbean. It is there that, at fifteen, young William first heard Thomas Loe, a Quaker missionary. The talk Loe gave made a lasting impression on the young man who had become interested in religious issues. Quakers belonged in a Protestant sect founded in 1647 by George Fox, and believed in a direct relationship with God. Morals for them were guided by an individual’s conscience, and not by the Bible.

Following Oliver Cromwell’s death, the Puritan Revolution came to an end and William Penn’s father, who since had been promoted to the rank of Admiral, was instrumental in bringing Charles II back to the throne. As a result, Admiral Penn was knighted and became Commissioner of the Navy.

Meanwhile, William Penn was sent to study at Oxford, where students came from various religious background, including aristocratic Protestants, austere Puritans and non-conformist Quakers. Among the faculty were free-thinkers: one of them, a dean was eventually fired. Young William, along with a number of students decided to stand by the dean, resulting in their being fined and reprimanded. Following this incident, stricter religious practices were imposed by the administration: Penn rebelled against imposed chapel attendance worship and was expelled. His parents then decided to expose him to a different culture and sent him to France where he studied in Saumur for one year with Moise Amyrault at l’Academie Protestante, the most respected Protestant university in the country. There Penn learned about religious toleration.

William Penn

William Penn

Upon his return to England, Penn studied law and then served as his father’s personal assistant, a position which allowed him to gain access to king Charles II and his brother the Duke of York. In the gloomy aftermath of the Great Plague, and the Great Fire in London, Penn elected to settle for a while in the Irish family estate. At a time when restrictions against all religious groups other than Anglican were being severely tightened, Penn started to attend Quaker meetings.

In 1667, Penn was arrested at one of these meetings. Upon his insisting that he was a Quaker, and demanding to be treated as such, he was sent to jail. It is in prison that he first wrote about freedom of conscience. Because of his father’s position, he was eventually released and returned to England. Admiral Penn tried to reason with his son to no avail; giving up, he decided to disown his son who eventually found shelter with Quaker families. It is during that period, that he met his first wife, Gulielma Springett, whom he finally married in 1672, and that he became friends with Georges Fox, with whom he traveled around Europe. Fox had founded the Quaker movement during the more tolerant years of the Puritan revolution. The movement had no written doctrine, Penn became its first theorist.

His writings led him to the Tower of London where he was imprisoned for eight months. While in prison, he wrote one of his most famous pamphlets: No Cross, No Crown. Remorseless, once free, Penn continued his religious activities. In 1670, in an attempt to test the new law against assembly, Penn convoked a public meeting during which he started preaching. He was arrested. At the trial, contrary to the law in effect at the time, he was denied the right to hear the charges against him, and the jury was asked to give their verdict without hearing the defence. In spite of this, jurors found him not guilty and refused to change their verdict. Although the judge sentenced them to jail, they still refused to change their verdict. The jurors spent more than two months in prison, and fought for their right from jail. They won, an outcome that led thereon to the recognition of the right for English juries to not be coerced or punished for their verdict.

Following his release from prison, Penn traveled to Germany and the Netherlands to study the living conditions of Quakers in these countries. What impressed him the most what the freedom he observed in the Netherlands, which had become a land of asylum for persecuted Jews and Protestants from various parts of Europe. The peaceful coexistence of various religious there inspired him to develop a vision of a community based on liberty.

Back in England, Penn tried to introduce the concept of religious toleration, with the support of the King, but failed with the Parliament. At this point, he realized that such a project could only be achieved outside of England. A mass immigration of Quakers was planned, and a group of them, including Penn, purchased a land in North America: West Jersey.

Trying to expand the Quaker region, Penn decided to go to the King and ask for a charter that would establish an American colony. The King and his brother were indebted to Admiral Penn, who, before his death had asked for their protection of young Penn. The charter was granted and Penn was given a territory located South of West Jersey and North of Maryland, making him the largest land owner after the King. Penn suggested it be called Sylvania, it was the King who suggested Pennsylvania, adding Penn’s name in honour of the deceased Admiral. In return, one fifth of the gold and silver that would be mined in the province, along with two beaver skins would have to go to the King at the beginning of each year.

Penn and the Charter of Liberties

Penn and the Charter of Liberties

The charter was signed on March 4, 1681. While still in England, in early 1682, Penn started working on his charter of liberties for the territory, the First Frame of Government for the Province of Pennsylvania. Most importantly, the document guaranteed freedom of worship to all inhabitants. Religious toleration was foremost, but another set of rights was also granted which reflected Penn’s early experiences. Freedom of the press, as well as the right to a fair trial by jury, and free elections along with more generally the rights of Englishmen were recognized by the Frame of Government for “all the freemen, planters and adventurers of, in and to the province” of Pennsylvania.

Penn sailed to America and landed in Newcastle on 27 October 1682.

Penn landed in Newcastle, Delaware

Penn landed in Newcastle, Delaware

In spite of having been given the territory through a royal charter, Penn decided that he would purchase the land from the Lenape Indians, and after some negotiations, a price of 1,200 pounds was agreed upon.

Penn's Treaty with the Lenape Indians

Penn's Treaty

With friends, he set to establish a city between the Delaware and the Schuylkill rivers, naming it Philadelphia, the city of brotherly love. Penn also chose the names of the major streets, such as Spruce, Chestnut, Broad and Pine. Meanwhile, he had invited Quakers to join his community: some 250 settlers responded. He later advertised his land of religious freedom all over Europe, and representatives from persecuted minorities arrived: Huguenots, Mennonites, Amish, Catholics, Lutherans, and Jews coming from England, France, Holland, Germany, Sweden, Finland, Ireland, and Wales.

The First Frame of Government was revised, and twenty drafts were issued. One of the great innovative ideas Penn came up with was the introduction of amendments that would allow to respond to changing times and circumstances and enable social changes without violent uprisings or revolutions.

In 1684, Penn returned to England to see his family. Conditions had changed there with a new absolutism modeled after the French monarchy. Books were being burnt, quakers were being sent to jail. Penn was able to help save a number of them, including George Fox himself. Meanwhile, in the colonies, his business manager, Philip Ford, was proving unworthy of the confidence entrusted in him. Ford cheated his employer by having Penn sign a deed transferring Pennsylvania to his business manager.

Much of Penn’s later years were marked by his fight to recover from this deed transfer. He returned to America in 1699 where he stayed until 1701 with his new wife, whom he had married in 1696 two years after Gulielma’s death. Back in England, having lost most of his money, he was sued by Ford’s widow who, in 1702, had Penn imprisoned for debt. Fellow Quakers collected money to get him released, and in 1708, a ruling allowed Penn to regain Pennsylvania, for himself and his heirs. Four years later, he suffered a stroke and died penniless soon thereafter.

William Penn, Philadelphia

William Penn, Philadelphia

In spite of his later years troubles, Penn’s legacy is one of a man who fought for his convictions, defended freedom of religion and developed a model for a free society where people of different ethnic background and religion could live in peace. His Frame of Government inspired Jefferson for the Declaration of Independence.

“Any government is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.”

Not quite the first one… but a Great contender

Thursday, February 26th, 2009

Detail of the Magna Carta

Detail of the Magna Carta

Frequently referred to as the first text that ever codified human rights, the Magna Carta was signed in June 1215, in Runnymede, near Windsor, England.

The Great Charter brought a temporary end to a long revolt against King John by his barons. A major reason for the revolt was the heavy taxes levied by the Crown, following the loss of the French territories which had drastically reduced the State income. After the barons had entered London by force, the King had to negotiate. Granting individual rights and liberties, and recognizing the right of the Church of England to freely elect its leaders, the Charter signalled the recognition of secular law by the Crown of England.

In addition to the revolt of the barons, a dispute over the right and privileges of the Roman Catholic Church had been ongoing in England. In 1206, the designation of the Archbishop of Canterbury, the head of the Church, became a major issue. While normally appointed by the King, the monks of Canterbury had decided they wanted to elect the Archbishop and sent their choice to Rome. The King responded by appointing his own candidate as Archbishop, John de Gray, Bishop of Norwich. In turn, Pope Innocent III designated a third choice, Cardinal Stephen Langton.

Originally from Lincolnshire, Langton had taught at the Paris Sorbonne University, with the Pope as one of his students. Like another Archbishop of Canterbury - Thomas Beckett, coincidentally (or maybe not) also a Pontigny two-year exilee -, Langton believed in the independence of the Church from the Crown.

King John refused to recognize the Pope’s choice, and for six years, from 1207 to 1213, in the Cistertian Abbey of Pontigny, in Burgundy, Langton waited for the King to let him into England as Archbishop. A series of retortion measures ensued from the Pope’s side, such as the interdiction of public services, including masses and marriages, and the excommunication of the King, until King John had no choice but to accept the Pope’s decision.

As head of the Church, Langton played a key role in the negotiation between the King and his barons, which led to the signature of the Charter. Because of his role, some sources have suggested that the Magna Carta was actually drafted in Pontigny during Langton’s exile, or that at least the ideas it contains were first conceived there. It is also suggested that it was Langton who knew of the Charter of Liberties issued by King Henry I when he ascended the throne in 1100. The wording of the 1215 text closely follows some articles of the earlier text, and similar rights are granted. It is the circumstances under which the texts were issued that differ majorly: the earlier text was proclaimed willingly by King Henry whereas the latter was imposed on King John by the barons.

Originally drafted in Latin, the Magna Carta was translated into English, and is today recognized as the first text codifying individual rights in England. In 1956, Sir Winston Churchill had this to say about the Charter:

Here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it.

Not surprisingly, the Magna Carta granted liberties to the Church first, including freedom of elections, and then to the freemen governed by the laws of England.

1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs for ever that the English church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which is apparent from this that the freedom of elections, which is reckoned most important and very essential to the English church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our will is that it be observed in good faith by our heirs for ever. We have also granted to all freemen of our kingdom, for us and our heirs for ever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs for ever.

Some of the articles are extremely specific, such as the article giving an actual figure for the fee earls, barons, or knights have to pay to the Crown before being able to receive their inheritance.

2. If any of our earls or barons, or others holding of us in chief by military service shall have died, and at the time of his death his heir shall be of full age and owe ” relief”  he shall have his inheritance on payment of the ancient relief, namely the heir or heirs of an earl, 100 pounds for a whole earl’s barony; the heir or heirs of a baron, 100 pounds for a whole barony; the heir or heirs of a knight, 100 shillings at most for a whole knight’s fee; and whoever owes less let him give less, according to the ancient custom of fiefs.

Sixty-three articles in total spell out the rights and liberties granted by King John, which include anti-corruption and fair trade clauses as well as the right for widows not to remarry against their will. Great attention was paid to address any potential issue of concern. As an example, in three  cases only can feudal taxes be imposed:

12. No scutage nor aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid.

Also worth noting is the order in which the various rights are listed. The essential rights to justice and to a fair trial are mentioned towards the end .

39. No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land..

40. To no one will we sell, to no one will we refuse or delay, right or justice.

Going beyond just rights, the Magna Carta also serves to promote standards, such as the standardization of weights and measures which comes as article 35, before the right to justice. This demonstrated a forward-looking vision compared to other parts of Europe. France for one only adopted similar measures with the Décret relatif aux poids et aux mesures during the revolution, on 18 germinal an 3 (7 April 1795).

35. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one measure of corn, to wit, ” the London quarter;”  and one width of cloth (whether dyed, or russet, or “halberget” ), to wit, two ells within the selvages; of weights also let it be as of measures.

If the Charter brings an end to the conflict between the King and his barons, some are not forgiven and are individually named.

50. We will entirely remove from their bailiwicks, the relations of Gerard Athee (so that in future they shall have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his nephew Geoffrey, and the whole brood of the same.

Even though King John did not respect the Charter - he actually died one year after signing it-, the text was reissued in 1216, 1217, and 1225, then in 1297 and it became the source of other legal texts. With a total of 4,699 words, the Magna Carta not only provides a reference text as to the rights and freedoms of the English freemen of 1215, it also offers a fascinating picture of English society at the time.

 

Chesapeake, George Calvert and Charles Carroll of Carrollton

Saturday, February 21st, 2009

Free to be Catholic, Annapolis

Free to be Catholic, Annapolis, December 2008

Visiting Chesapeake recently was another opportunity to verify that discrimination based on religious belief has been a reality for many centuries.

As one reads up about the early days of American history, it quickly becomes very clear that a large number of the early discoverers and settlers wished to lead a life where they would be free to practice their religious beliefs.

The history of Maryland has been shaped by settlers and people who stood up for their rights. The similarities between two men who deeply influenced the future of the State - George Calvert, first Lord Baltimore, and Charles Carroll of Carrollton - were a seredenpitous discovery. Thanks to a royal charter, the first Lord Baltimore - named after Baltimore, Ireland - basically created Maryland. By fighting on the side of independence from the British crown, Charles Carroll played a pivotal role in ensuring that Maryland became one of the 13 founding States. Both men were Catholic, and both men were subject to laws discriminating against Catholics.

This heritage may explain the Free to be Catholic sign which was on display on a religious building close to Charles Carroll of Carrollton’s house in Annapolis, in early December 2008.

Annapolis Church

Annapolis Church

George Calvert, first Lord Baltimore, came to the New World in the hope of finding a refuge for English Catholics. After establishing Avalon, on the island of Newfoundland, he looked for a gentler climate and obtained a royal charter to settle the region that is now Maryland.

In England, Calvert’s family had had to suffer from two penal laws, enacted during the reign of Elizabeth I. The Acts of Supremacy and Uniformity of 1559 required that any citizen wishing to hold a high office would need to pledge an oath of allegiance to the Queen. The oath included a denial of the authority of the Pope over the church.

As a child, George was subjected to many forms of interference in the religious life of the Calvert family: they were compelled to attend church, one of his tutors having been denounced as popish, he and his brother were sent to a Protestant tutor. Catholic servants were banned, and the family was forced to purchase and display an English Bible. In 1593, his mother Grace was committed to the custody of an official responsible for prosecuting Catholics, a “pursuivant.”

After graduating from Oxford, Calvert occupied several positions that led him to becoming one of the two principal Secretaries of State of King James in 1619. As a member of a commission, Calvert in 1613 had to recommend for Catholic schools to be suppressed in Ireland.

Early on, Calvert demonstrated interest in the exploration of the New World, and he invested money in the Virginia Company and the East India Company. When he obtained the position of Commissioner of the Treasury, with rights on the duties collected on imported raw silk, his fortune was secured. In 1620, Calvert purchased a tract of land in Newfoundland.

In 1625, shortly after he resigned his Secretariat position, his conversion to Catholicism became public knowledge. He had retained his place on the Privy Council, a position he had to also abandon when King Charles I required all privy councilors to take the oaths of supremacy and allegiance.

After having moved to Ireland, Calvert decided to pursue his interest in Avalon, the colony he had established in Newfoundland  where he promoted free religious worship, allowing  Catholics to worship in one part of his house and the Protestants in another.

One winter in Avalon was enough to convince him that the rigorous climate was not suited for his colony, and he moved to Jamestown in Virginia, where he knew tobacco could be grown. Upon his refusing to sign the oaths of supremacy and allegiance there, he had to leave and go back to England where he fought for a charter granting him rights over a piece of land on both sides of the Chesapeake Bay. The charter was finally granted on 20 June 1632, five weeks after his death, and Maryland became a refuge for British Catholics, who emigrated to settle tobacco plantations.

A century and a half later, Charles Carroll of Carrollton was the only Catholic to sign the Declaration of Independence. The son of a wealthy plantation owner of Irish descent, he was born in 1737 in Annapolis, Maryland.

Plate to Charles Carroll of Carrollton in front of his house, Annapolis, Maryland

Plate to Charles Carroll of Carrollton in front of his house, Annapolis, Maryland

At the age of eight, he was sent to France where he studied at a college run by English Jesuits in Saint-Omer, and then in Paris, at Louis le Grand. Having started to study law in Bourges and Paris, in 1757, he moved to London to complete his legal education and returned to Maryland in 1765.

Under laws of the British Colonies - similar to those that forced Calvert to resign his Cabinet position - as a Roman Catholic, Carroll was deprived of political rights, including the right to vote.

After the passage of the Stamp Act, and the exorbitant taxes imposed by Maryland Governor Eden, Carroll  became actively involved politically and started writing in the Maryland Gazette, under the name The First Citizen, defending the colonies rights to control their own taxation, and arguing for a return to natural law.

A member of the Annapolis Convention, in early 1776, he was sent to Canada by the Continental Congress along with Benjamin Franklin and Samuel Chase. Their mission was to persuade the Canadian colonies to relinquish their allegiance to the British crown, and join the American colonies in their fight for independence.  Although the mission to Canada failed, Carroll became instrumental in convincing a reserved Maryland Convention to vote for independence.

On July 4, 1776, he was elected to the Continental Congress, and while he was too late to vote for it, he signed the Declaration of Independence, which was officially signed by all members of Congress on an engrossed on parchment version, on August, 2, 1776.

Signing the Declaration entailed a risk for all the signers - as they exposed themselves to confiscation of their properties - but maybe more so for Charles Carroll, considered to be the colonies’ wealthiest individual. Recognizing this, he made sure to add of Carrollton to his signature to ensure that he would be properly identified.

Carroll died at 95 in 1832, two centuries after Calvert, and at the time of his death, as the longest living signer of the Declaration, was regarded with veneration by the American people.