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FREE EXERCISE OF RELIGION: CASES

Reynolds v. US (1878)

Hamilton v. Regents (35)

Cantwell v. CT (40)

Minersville v. Gobitis (40)

Jones v. Opelika (42)

Martin v. City (43)

Murdock v. PA (43)

WV v. Barnette (43)

Prince v. MA (44)

Follett v. Town (44)

US v. Ballard (44)

Marsh v. Alabama (46)

Girouard v. US (46)

Cleveland v. US (46)

Kunz v. New York (51)

Niemotko v. MD (51)

Kedroff v. Cathedral (51)

Poulos v. NH (53)

Sherbert v. Verner (63)

Thomas v. Rev. Bd. (81)

United States v. Lee (82)

Bowen v. Roy (86)

Hobbie v. Empl. (87)

Emp. Div. v Smith I (88)

Employ. Division II (90)

City of Boerne I (97)

LAW AND RELIGION--
CLASS SYLLABUS

"City on a Hill" I

"City on a Hill" II

"City on a Hill" III

Religion/Law 1941-50

Religion/Law 41-50 II

Religion/Law Fifties

Religion/Law Fifties II

Mainline Decline (60s)

Mainline Decline II

The Turbulent Sixties I

The Turbulent Sixties II

Free Speech Movement

Free Speech Mvt II

Free Speech Mvt III

Things Fall Apart I

Things Fall Apart II

The Seventies

Worksheet on Ch. Imag

The Eighties

The Megachurch I

The Megachurch II

The Nineties

Religion/Law Today

Religion/Law Today II

John Winthrop II (1588-1649)

Bill Long 9/9/06

A Modell of Christian Charity (1630)

Winthrop's mode of argument in this classic message/sermon is as follows: he lays out the principle of hierarchy, then shows how hierarchy is actually good for the society (it leads to each needing the other), then proceeds to differentiate two "laws" by which we relate to each other--the laws of nature and the laws of grace. Now that we are in a dispensation of grace, the duty of mercy and love of enemies is foundational to mutual interrelations. He quotes Matt. 5:44: "If thine enemy hunger, feed him; Love your enemies, doe good to them that hate you." So, these duties are exercised in giving, lending and forgiving. He then exposits the biblical principles behind each of the three. But where he is really heading is toward the principle of love, which ought to be the glue to hold together a society, especially when it is in peril. Perhaps aware of the difficult circumstances facing the band of Puritans in Spring 1630, he places most emphasis on the duties of mutual love and forbearance in community. Indeed, the passage the culminates in the "citty uponn the hill" imagery is swathed in the biblical language of bearing one another's burdens and being joint members of the body of Christ.

The purpose of this essay is to examine how Winthrop uses the Bible in answering a practical question that might be raised--that of sharing one's goods with one another.

Giving, Lending, Forgiving According to Winthrop

Recall that the basic Christian duty in society is "the duty of mercy." This duty, for Winthrop, is observed in giving, lending and forgiving. In ordinary times a person is to give out of abundance: "Let us lay aside as God hath blessed him" (the general theme of II Cor. 9). But this duty is qualified. "If the time and occasion be extraordinary, he must be ruled by them; taking this withall, that then a man cannot likely doe too much, especially if he may leave himself and his family under probably means of comfortable subsistence."

So, we have a basic principle. You give out of abundance in normal times (i.e., you first take care of all your needs and probably increase your goods before giving) but you can't give too much (after taking care of family) in extraordinary times. A Scriptural exception arises. There is a text that says that if a man doesn't care for his family's needs "he is worse than an infidell that provideth not for his owne" (I Tim. 5:8). So, how is Winthrop to handle this one? Well, he says "it is plaine that it being spoken by way of comparison, it must be meant of the ordinary and usuall course of father, and cannot extend to times and occasions extraordinary."

Another Scriptural objection is forthcoming. Quoting Solomon, he says: "The wise man's Eies are in his head...and foreseeth the plague." Well? After quoting a verse from Ecclesiastes which urges us to "Cast thy bread upon the waters.." he then turns to Jesus' words. First, he quotes Matt. 16:19: "Lay not upp for yourselves Treasures upon Earth & c." Then, in good Puritan fashion, he lists reasons for Jesus to say this. "First" is that goods are subject to "the moathe, the rust, the theife." "Secondly," your goods will "steale away the hearte." He has a Scripture for the latter: "where the treasure is there will ye heart be allsoe."

But Winthrop is only talking about the extraordinary times, as can be seen by how his argument progresses. "The exhortation must be generall and perpetuall, withallwayes in respect of the love and affection to riches and in regard of the things themselves when any special service for the churche or particular Distress of our brother doe call for the use of them.." Otherwise, it is not only lawful but prudent to "lay upp as Joseph did to have ready upon such occasions." We see that a biblical ethic of giving and storing up is developing in these words. Winthrop would have no sympathy with a "Forbes Richest 100 list." The only purpose of accumulation is to have more goods for difficult times. Likes Joseph of old you may store up for future famine, but you realize that the disadvantage of having goods is that the moth, rot and thief get to them.

Lending and Forgiving

Sometimes we give; sometimes we lend; sometimes we forgive debts. What are the operative principles for the latter two? With respect to lending he says: "Thou must observe whether thy brother hath present or probable or possible means of repaying thee, if there be none of those, thou must give him according to his necessity, rather than lend him as he requires." As he goes on to say, if he cannot pay you back or may only possibly do so, then the duty of mercy, described above, is operative. This is an interesting principle. Before lending you "check out" the financial situation of the person asking. And, if the borrower doesn't look as if he can pay you back, just lend enough to get him out of his crisis. But, how about if he "hath present means of repaying thee?" Then, you are to look at him not as "an act of mercy, but by way of Commerce, wherein thou arte to walk by the rule of justice." This "rule of justice" will no doubt be codified in a statute about possible rates of interest.

And then he adds an important principle, derived from the Deuteronomic law. In ancient Israel there was a princple that at the year of the Jubilee (every 50th year), the land which had been loaned out/sold in the mean time would "revert" to the original family. This plan probably never was put into effect, even though it illustrates a great principle--that the way to keep vast accumulations out of people's hands was to restore property on a periodic basis. But, of course, if the Jubilee year was coming up, a person could well say, 'I don't think I will loan to this person' or 'I won't take his land in pledge because it will just revert to him in a few years anyway.' Yet Winthrop, following Deut. 15:7, urges his hearers not to "shift off this duty" of lending by this "apparent hazzard." Lend, and lend cheerfully. Thus, the lending duty has one of mercy (giving necessities only) and one of commerce (when you know the other can repay you).

In any circumstance if the person is unable to repay you, you are to forgive the loan (except where you have a lawful pledge). The biblical principle from which Winthrop argued is in Deut. 15: 7ff.

Conclusion

The practice of mercy accustoms one to act in a spirit of love toward people. He joins these two ideas in this passage:

"Haveing already sett forth the practice of mercy according to the rule of God's lawe, it will be useful to lay open the groundes of it allsoe, being the other parte of the Commandment and that is the affection from which this exercise of mercy must arise, the Apostle tells us that this love is the fullfilling of the lawe.."

It is here that Winthrop then leaves behind his legal distinctions, derived in large measure from the Old Testament, and begins to focus on New Testament exhortations, derived especially from Paul and John. Love, then, will bind the community together. As he says in one of his memorable sentences: "This love is a divine, spirituall, nature; free, active, strong, couragious, permanent..." Love then forms the basis of the new community, which leads to the following document, beloved of many.

2071



Copyright © 2004-2007 William R. Long