[E Rocc]

"Christianity is part of the common-law."

Jefferson disagreed:

Jefferson, who as a careful historian had made a study of the origin of the maxim [that the common law is inextricably linked with Christianity], challenged such an assertion. He noted that "the common law existed while the Anglo-Saxons were yet pagans, at a time when they had never yet heard the name of Christ pronounced or that such a character existed".

-Leo Pfeffer, Religion, State, and the Burger Court.Buffalo, New York: Prometheus Books, 1984, p. 121

Jefferson wrote voluminously to prove that Christianity was not part of the law of the land and that religion or irreligion was purely a private matter, not cognizable by the state.

-Leonard W. Levy, Treason Against God: A History of the Offense of Blasphemy, New York: Schocken Books, 1981, p. 335

Certainly, the primacy of Christianity as a whole is not part of English "common law", since the Anglican Church is the established faith there. Even if it were, such association would have been severed by the First Amendment, since explicit law passed according to the laws of the United States is always considered to trump the "common law".

-Eric

[SusanUSA]

Jefferson, who as a careful historian had made a study of the origin of the maxim [that the common law is inextricably linked with Christianity], challenged such an assertion. He noted that "the common law existed while the Anglo-Saxons were yet pagans, at a time when they had never yet heard the name of Christ pronounced or that such a character existed".

Yes, he did.

Thomas Jefferson acknowledged Common Law's pre-Christian origins in this letter to Thomas Cooper on February 10, 1814:

"For we know that the common law is that system of law which was introduced by the Saxons on their settlement of England, and altered from time to time by proper legislative authority from that time to the date of the Magna Charta, which terminates the period of the common law...This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first Christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it...that system of religion could not be a part of the common law, because they were not yet Christians...".

But there's also...

It has been said that “No proper estimate has been made of the effects of Christianity on English law, but there is no shadow of doubt that it was far-reaching.” Our legal system was formed and developed over centuries under the dominating influence of the Christian religion. The ideals and standards of justice that informed our law were derived largely either from the Bible directly or from ancient pre-Christian institutions that have been so completely transformed under the influence of the church that the original pre-Christian practices from which they originate are no longer discernible in the Christianised forms in which we know them. Our very concepts of justice, due process and the rule of law are Christian ideals that we should never have known had the Christian faith not taken root in this land and transformed the nation from a pagan into a civilised society.

This book traces the growth of Christian law in England from the conversion of King Æthelberht, through the reigns of the Anglo-Saxon kings up to the Norman conquest, and examines the influence of Christianity on the development of English common law during its early, formative period in the twelfth and thirteenth centuries.

What Is a ‘Christian Nation’?
by Rob Regier

There is a lot of confusion today about whether our history proves that we are a Christian nation. It’s safe to say that we are not a nation that uses the Bible as our legal text. Otherwise, disbelief in God or sins such as greed and lust would be illegal and punishable by fines or imprisonment. No, there is no civil law against such things in the United States.

However, it’s also safe to say that our country was founded by professed Christians. From the Pilgrims to the framers of our government, Judeo-Christian principles were not only used as a basis for our law and government, but also were openly proclaimed as necessary to the survival of the new nation.

What’s my proof? The Bible was the most cited book in this country during the late 1700s and early 1800s — in pamphlets, newspapers and political monographs. Scripture accounted for 34 percent of all citations.1 The Rev. John Witherspoon served six years in Congress, and he was, well, a reverend.

President George Washington issued the first proclamation of a national day of thanksgiving, in which he said “it is the duty of all to acknowledge Almighty God” and to “obey his will.” Thomas Jefferson allowed church services to be held in the House of Congress and in the Supreme Court’s chambers.2

Don’t forget about all those prayers prayed before sessions of Congress and the Supreme Court. Every president has included a reference in his inaugural speech a reference to his and our nation’s dependence upon God. “In God We Trust” every time we spend our money.

The Supreme Court in Church of the Holy Trinity v. United States (1892) ruled, “No purpose of action against religion can be imputed to any legislation, State or national, because this is a religious people. … This is a Christian nation.” The Court also said in Zorach v. Clauson (1952): “The First Amendment, however, does not say that in every and all respects there shall be a separation of Church and State. … Otherwise the State and religion would be aliens to each other — hostile, suspicious, and even unfriendly.” U.S. Supreme Court Justice Joseph Story said, “One of the beautiful boasts of our municipal jurisprudence is that Christianity is a part of the Common Law. … There never has been a period in which the Common Law did not recognize Christianity necessary to the support of civil society.”3 Inscribed on the Supreme Court’s walls are the Ten Commandments.

The framers of our government echoed French Catholic attorney Charles Secondat de Montesquieu’s recognition of the need for religion, namely Christianity, to be the basis for a legal framework.4 A virtuous republic and true happiness, they believed, came from obedience to God’s laws revealed in nature and Scripture, or the “Laws of Nature and of Nature’s God,” as stated in the Declaration of Independence. Our country’s heritage is replete with references to God and faith.

Yet that doesn’t mean that people of other faiths can’t live in the United States. In fact, the Founders believed that only a country founded upon the Christian religion could be tolerant of other religions. People had to tolerate other religions because the government wasn’t given the authority to judge peoples’ hearts and minds, but only our actions. Hence, there could be no law against being Jewish or Islamic or atheist. The judgment of one’s conscience is left up to God.

Are we a Christian nation? I’ll let the evidence speak for itself.