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Of an importance no less vital than the idea of a permanent law of the land safeguarding the fundamental rights and liberties of the individual, was the express declaration in the first chapter of Magna Carta that the English church, Anglicana ecclesia, should be free from interference on the part of the crown and that her rights should be entire and her liberties inviolable. In this provision we have the germ of an independent church and the idea of the separation of Church and State.

It is reasonable to assume and, in view of the surrounding circumstances and the language then employed, it is highly probable that, under the lead of Langton, who was born of English parents and intensely patriotic, probably himself the author of the clause, the churchmen of that day conceived that the religion of the English people ought to be free from governmental control, and that the English church had interests and privileges independent of the crown and independent likewise of the interests and policies of Rome. At that very time the English churchmen, in cooperating with the barons and people of England to secure Magna Carta, were acting against the will of Rome; indeed, as we know, the Pope promptly denounced the Great Charter and the patriot primate, because the Pope considered that the Great Charter was derogatory to the dignity of King John as a vassal of the Holy See. In this provision of Magna Carta relating to the English church, even though it was disregarded for centuries, we recognize the idea of religious liberty and the American political principle of the separation of Church and State, as also, though vaguely, the great principle underlying the noble declaration in our own state constitution that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind."