We have seen how religious liberty has been
realized, so far as the law is concerned, under two distinct systems,
"Jurisdiction" and "Separation." But legal toleration may coexist with
much practical intolerance, and liberty before the law is compatible
with serious disabilities of which the law cannot take account. For
instance, the expression of unorthodox opinions may exclude a man from
obtaining a secular post or hinder his advancement. The question has
been asked, which of the two systems is more favourable to the creation
of a tolerant social atmosphere? Ruffini (of whose excellent work on
Religious Liberty I have made much use in this chapter) decides in
favour of Jurisdiction. He points out that while Socinus, a true friend
of liberty of thought, contemplated this system, the Anabaptists, whose
spirit was intolerant, sought Separation. More important
[126] is the observation that in Germany, England, and Italy, where the
most powerful Church or Churches are under the control of the State,
there is more freedom, more tolerance of opinion, than in many of the
American States where Separation prevails. A hundred years ago the
Americans showed appalling ingratitude to Thomas Paine, who had done
them eminent service in the War of Independence, simply because he
published a very unorthodox book. It is notorious that free thought is
still a serious hindrance and handicap to an American, even in most of
the Universities.
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