Phil D.
ὁ βαπτιστὴς
I think both the question and response with regard to establishment churches is legitimate and not easily dispatched. History shows even when persecution or penalty is something short of physical execution, "discretion in light of circumstances" is still by nature extremely subjective and often odious. While we all agree Roman Catholic baptism involves idolatrous rites (even though most Reformed deem it technically valid) when the establishment COE held such authority, in 1609 this law was passed:
An Act to prevent and avoid Dangers which grow by Popish Recusants;
[Article XIV] …That every Popish recusant which shall hereafter have any child born, shall within one month next after the birth thereof cause the same child to be baptized by a lawful minister [i.e. of the Protestant Church of England] according to the laws of this realm, in the church of the same parish where the child shall be born.
…Upon pain that the father of such child…or if he be dead within said month, then the mother of such child, shall for every such offence forfeit one hundred pounds of lawful money of England [roughly equivalent to $26,000 now]: one third part whereof to be to the king's majesty, his heirs and successors; one other third part to the informer or him that will sue for the same; and the other third part to the poor of the said parish...
[Owen Rutherford, The Statutes at Large; from the first year of King James the First to the tenth year of the Reign of King William the Third, (London: Mark Basket, 1770), 3:49]
One might cheer that in this case Catholics got their just desserts from the Anglicans, but less than forty years later Anglicans were in the sights of the Presbyterians:…[Wherefore] it is further hereby Ordained by the said Lords and Commons that if any person or persons whatsoever shall at any time or times hereafter use or cause the aforesaid Booke of Common Prayer to be used in any Church, Chapel, or publique place of Worship, or in any private place or Family, within the Kingdome of England, or Dominion of Wales, or Port and Towne of Berwicke, That then every such person so offending therein; shall for the first offence forfeit and pay the summe of five pounds of lawfull English money [roughly equivalent to $1,300 US now], for the second offence the summe of ten pounds, and for the third offence, shall suffer one whole yeares imprisonment, without baile or Mainprize.
…And that what person soever shall with intent to bring the said Directory [The Directory for the Public Worship of God] into contempt and neglect, or to raise opposition against it, Preach, Write, Print, or cause to be written or printed any thing in the derogation or depraving of the said Book, or any thing therein conteyned, or any part thereof, shall lose and forfeit for every such offence, such a sum of Money, as shall at the time of his conviction, be thought fit to be imposed upon him, by those before whom he shall have his tryall; provided, that it be not lesse than five pounds, nor exceeding the summe of fifty pounds.
[An Ordinance of the Lords and Commons Assembled in Parliament for the more effectuall putting in execution the Directory for Publique Worship, 23 Aug. 1645, (London: T.W. Printer to the Honourable House of Commons, 1645), 2ff.]
So be sure and don't use the BCP psalter... This is tyranny plain and simple, as in certain cases such odious penalties would force true believers acting out of a good conscience into jeopardy of violating 1 Tim. 5:8.
So whos next? What if an establishment church was anti-peadobaptism? Etc. etc...
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