CHAPTER V

RELIGIOUS TOLERATION

IN the third century B.C. the Indian king Asoka, a man of religious zeal

but of tolerant spirit, confronted by the struggle between two hostile

religions (Brahmanism and Buddhism), decided that both should be equally

privileged and honoured in his dominions. His ordinances on the matter

are memorable

[93] as the earliest existing Edicts of toleration. In Europe, as we

saw, the principle of toleration was for the first time definitely

expressed in the Roman Imperial Edicts which terminated the persecution

of the Christians.

The religious strife of the sixteenth century raised the question in its

modern form, and for many generations it was one of the chief problems

of statesmen and the subject of endless controversial pamphlets.

Toleration means incomplete religious liberty, and there are many

degrees of it. It might be granted to certain Christian sects; it might

be granted to Christian sects, but these alone; it might be granted to

all religions, but not to freethinkers; or to deists, but not to

atheists. It might mean the concession of some civil rights, but not of

others; it might mean the exclusion of those who are tolerated from

public offices or from certain professions. The religious liberty now

enjoyed in Western lands has been gained through various stages of

toleration.

We owe the modern principle of toleration to the Italian group of

Reformers, who rejected the doctrine of the Trinity and were the fathers

of Unitarianism. The Reformation movement had spread to Italy, but Rome

was successful in suppressing it, and many heretics fled to Switzerland.

The anti-Trinitarian

[94] group were forced by the intolerance of Calvin to flee to

Transylvania and Poland where they propagated their doctrines. The

Unitarian creed was moulded by Fausto Sozzini, generally known as

Socinus, and in the catechism of his sect (1574) persecution is

condemned. This repudiation of the use of force in the interest of

religion is a consequence of the Socinian doctrines. For, unlike Luther

and Calvin, the Socinians conceded such a wide room to individual

judgment in the interpretation of Scripture that to impose Socinianism

would have been inconsistent with its principles. In other words, there

was a strong rationalistic element which was lacking in the Trinitarian

creeds.

It was under the influence of the Socinian spirit that Castellion of

Savoy sounded the trumpet of toleration in a pamphlet denouncing the

burning of Servetus, whereby he earned the malignant hatred of Calvin.

He maintained the innocence of error and ridiculed the importance which

the Churches laid on obscure questions such as predestination and the

Trinity. “To discuss the difference between the Law and the Gospel,

gratuitous remission of sins or imputed righteousness, is as if a man

were to discuss whether a prince was to come on horseback,

[95] or in a chariot, or dressed in white or in red.” [1] Religion is a

curse if persecution is a necessary part of it.

For a long time the Socinians and those who came under their influence

when, driven from Poland, they passed into Germany and Holland, were the

only sects which advocated toleration. It was adopted from them by the

Anabaptists and by the Arminian section of the Reformed Church of

Holland. And in Holland, the founder of the English Congregationalists,

who (under the name of Independents) played such an important part in

the history of the Civil War and the Commonwealth, learned the principle

of liberty of conscience.

Socinus thought that this principle could be realized without abolishing

the State Church. He contemplated a close union between the State and

the prevailing Church, combined with complete toleration for other

sects. It is under this system (which has been called jurisdictional)

that religious liberty has been realized in European States. But there

is another and simpler method, that of separating Church from State and

placing all religions on an equality. This was the solution which the

Anabaptists would have preferred. They detested the State; and the

doctrine of religious liberty was not

[96] precious to them. Their ideal system would have been an Anabaptist

theocracy; separation was the second best.

In Europe, public opinion was not ripe for separation, inasmuch as the

most powerful religious bodies were alike in regarding toleration as

wicked indifference. But it was introduced in a small corner of the new

world beyond the Atlantic in the seventeenth century. The Puritans who

fled from the intolerance of the English Church and State and founded

colonies in New England, were themselves equally intolerant, not only to

Anglicans and Catholics, but to Baptists and Quakers. They set up

theocratical governments from which all who did not belong to their own

sect were excluded. Roger Williams had imbibed from the Dutch Arminians

the idea of separation of Church from State. On account of this heresy

he was driven from Massachusetts, and he founded Providence to be a

refuge for those whom the Puritan colonists persecuted. Here he set up a

democratic constitution in which the magistrates had power only in civil

matters and could not interfere with religion. Other towns were

presently founded in Rhode Island, and a charter of Charles II (1663)

confirmed the constitution, which secured to all citizens professing

Christianity, of whatever

[97] form, the full enjoyment of political rights. Non-Christians were

tolerated, but were not admitted to the political rights of Christians.

So far, the new State fell short of perfect liberty. But the fact that

Jews were soon admitted, notwithstanding, to full citizenship shows how

free the atmosphere was. To Roger Williams belongs the glory of having

founded the first modern State which was really tolerant and was based

on the principle of taking the control of religious matters entirely out

of the hands of the civil government.

Toleration was also established in the Roman Catholic colony of

Maryland, but in a different way. Through the influence of Lord

Baltimore an Act of Toleration was passed in 1649, notable as the first

decree, voted by a legal assembly, granting complete freedom to all

Christians. No one professing faith in Christ was to be molested in

regard to his religion. But the law was heavy on all outside this pale.

Any one who blasphemed God or attacked the Trinity or any member of the

Trinity was threatened by the penalty of death. The tolerance of

Maryland attracted so many Protestant settlers from Virginia that the

Protestants became a majority, and as soon as they won political

preponderance, they introduced an Act (1654)

[98] excluding Papists and Prelatists from toleration. The rule of the

Baltimores was restored after 1660, and the old religious freedom was

revived, but with the accession of William III the Protestants again

came into power and the toleration which the Catholics had instituted in

Maryland came to an end.

It will be observed that in both these cases freedom was incomplete; but

it was much larger and more fundamental in Rhode Island, where it had

been ultimately derived from the doctrine of Socinus. [2] When the

colonies became independent of England the Federal Constitution which

they set up was absolutely secular, but it was left to each member of

the Union to adopt Separation or not (1789). If separation has become

the rule in the American States, it may be largely due to the fact that

on any other system the governments would have found it difficult to

impose mutual tolerance on the sects. It must be added that in Maryland

and a few southern States atheists still suffer from some political

disabilities.

In England, the experiment of Separation would have been tried under the

Commonwealth, if the Independents had had their way. This policy was

overruled by Cromwell.

[99] The new national Church included Presbyterians, Independents, and

Baptists, but liberty of worship was granted to all Christian sects,

except Roman Catholics and Anglicans. If the parliament had had the

power, this toleration would have been a mere name. The Presbyterians

regarded toleration as a work of the Devil, and would have persecuted

the Independents if they could. But under Cromwell’s autocratic rule

even the Anglicans lived in peace, and toleration was extended to the

Jews. In these days, voices were raised from various quarters advocating

toleration on general grounds. [3] The most illustrious advocate was

Milton, the poet, who was in favour of the severance of Church from

State.

In Milton’s Areopagitica: a speech for the liberty of unlicensed

printing (1644), the freedom of the Press is eloquently sustained by

arguments which are valid for freedom of thought in general. It is shown

that the censorship will conduce “to the discouragement of all learning

and the stop of truth, not only by disexercising and blunting our

abilities in what we know already, but by hindering and cropping the

discovery that might be yet further made, both in religious

[100] and civil wisdom.” For knowledge is advanced through the utterance

of new opinions, and truth is discovered by free discussion. If the

waters of truth “flow not in a perpetual progression they sicken into a

muddy pool of conformity and tradition.” Books which are authorized by

the licensers are apt to be, as Bacon said, “but the language of the

times,” and do not contribute to progress. The examples of the countries

where the censorship is severe do not suggest that it is useful for

morals: “look into Italy and Spain, whether those places be one scruple

the better, the honester, the wiser, the chaster, since all the

inquisitional rigour that hath been executed upon books.” Spain indeed

could reply, “We are, what is more important, more orthodox.” It is

interesting to notice that Milton places freedom of thought above civil

liberty: “Give me the liberty to know, to utter, and to argue freely

according to conscience, above all other liberties.”

With the restoration of the Monarchy and the Anglican Church, religious

liberty was extinguished by a series of laws against Dissenters. To the

Revolution we owe the Act of Toleration (1689) from which the religious

freedom which England enjoys at present is derived. It granted freedom

of worship to Presbyterians, Congregationalists,

[101] Baptists and Quakers, but only to these; Catholics and Unitarians

were expressly excepted and the repressive legislation of Charles II

remained in force against them. It was a characteristically English

measure, logically inconsistent and absurd, a mixture of tolerance and

intolerance, but suitable to the circumstances and the state of public

opinion at the time.

In the same year John Locke’s famous (first) Letter concerning

Toleration appeared in Latin. Three subsequent letters developed and

illustrated his thesis. The main argument is based on the principle that

the business of civil government is quite distinct from that of

religion, that the State is a society constituted only for preserving

and promoting the civil interests of its members —civil interests

meaning life, liberty, health, and the possession of property. The care

of souls is not committed to magistrates more than to other men. For the

magistrate can only use outward force; but true religion means the

inward persuasion of the mind, and the mind is so made that force cannot

compel it to believe. So too it is absurd for a State to make laws to

enforce a religion, for laws are useless without penalties, and

penalties are impertinent because they cannot convince.

Moreover, even if penalties could change

[102] men’s beliefs, this would not conduce to the salvation of souls.

Would more men be saved if all blindly resigned themselves to the will

of their rulers and accepted the religion of their country? For as the

princes of the world are divided in religion, one country alone would be

in the right, and all the rest of the world would have to follow their

princes to destruction; “and that which heightens the absurdity, and

very ill suits the notion of a deity, men would owe their eternal

happiness or their eternal misery to the places of their nativity.” This

is a principle on which Locke repeatedly insists. If a State is

justified in imposing a creed, it follows that in all the lands, except

the one or few in which the true faith prevails, it is the duty of the

subjects to embrace a false religion. If Protestantism is promoted in

England, Popery by the same rule will be promoted in France. “What is

true and good in England will be true and good at Rome too, in China, or

Geneva.” Toleration is the principle which gives to the true faith the

best chance of prevailing.

Locke would concede full liberty to idolaters, by whom he means the

Indians of North America, and he makes some scathing remarks on the

ecclesiastical zeal which forced these “innocent pagans” to forsake

[103] their ancient religion. But his toleration, though it extends

beyond the Christian pale, is not complete. He excepts in the first

place Roman Catholics, not on account of their theological dogmas but

because they “teach that faith is not to be kept with heretics,” that

“kings excommunicated forfeit their crowns and kingdoms,” and because

they deliver themselves up to the protection and service of a foreign

prince—the Pope. In other words, they are politically dangerous. His

other exception is atheists. “Those are not all to be tolerated who deny

the being of God. Promises, covenants and oaths, which are the bonds of

human society, can have no hold upon an atheist. The taking away of God,

though but even in thought, dissolves all. Besides also, those that by

their atheism undermine and destroy all religion, can have no pretence

of religion to challenge the privilege of a Toleration.”

Thus Locke is not free from the prejudices of his time. These exceptions

contradict his own principle that “it is absurd that things should be

enjoined by laws which are not in men’s power to perform. And to believe

this or that to be true does not depend upon our will.” This applies to

Roman Catholics as to Protestants, to atheists as to deists. Locke,

however, perhaps thought

[104] that the speculative opinion of atheism, which was uncommon in his

day, does depend on the will. He would have excluded from his State his

great contemporary Spinoza.

But in spite of its limitations Locke’s Toleration is a work of the

highest value, and its argument takes us further than its author went.

It asserts unrestrictedly the secular principle, and its logical issue

is Disestablishment. A Church is merely “a free and voluntary society.”

I may notice the remark that if infidels were to be converted by force,

it was easier for God to do it “with armies of heavenly legions than for

any son of the Church, how potent soever, with all his dragoons.” This

is a polite way of stating a maxim analogous to that of the Emperor

Tiberius (above, p. 41). If false beliefs are an offence to God, it is,

really, his affair.

The toleration of Nonconformists was far from pleasing extreme

Anglicans, and the influence of this party at the beginning of the

eighteenth century menaced the liberty of Dissenters. The situation

provoked Defoe, who was a zealous Nonconformist, to write his pamphlet,

The Shortest Way with the Dissenters (1702), an ironical attack upon the

principle of toleration. It pretends to show that the Dissenters are at

heart incorrigible rebels, that a gentle policy is useless, and suggests

[105] that all preachers at conventicles should be hanged and all

persons found attending such meetings should be banished. This

exceedingly amusing but terribly earnest caricature of the sentiments of

the High Anglican party at first deceived and alarmed the Dissenters

themselves. But the High Churchmen were furious. Defoe was fined,

exposed in the pillory three times, and sent to Newgate prison.

But the Tory reaction was only temporary. During the eighteenth century

a relatively tolerant spirit prevailed among the Christian sects and new

sects were founded. The official Church became less fanatical; many of

its leading divines were influenced by rationalistic thought. If it had

not been for the opposition of King George III, the Catholics might have

been freed from their disabilities before the end of the century. This

measure, eloquently advocated by Burke and desired by Pitt, was not

carried till 1829, and then under the threat of a revolution in Ireland.

In the meantime legal toleration had been extended to the Unitarians in

1813, but they were not relieved from all disabilities till the forties.

Jews were not admitted to the full rights of citizenship till 1858.

The achievement of religious liberty in England in the nineteenth

century has been mainly the work of Liberals. The Liberal

[106] party has been moving towards the ultimate goal of complete

secularization and the separation of the Church from the State— the

logical results of Locke’s theory of civil government. The

Disestablishment of the Church in Ireland in 1869 partly realized this

ideal, and now more than forty years later the Liberal party is seeking

to apply the principle to Wales. It is highly characteristic of English

politics and English psychology that the change should be carried out in

this piecemeal fashion. In the other countries of the British Empire the

system of Separation prevails; there is no connection between the State

and any sect; no Church is anything more than a voluntary society. But

secularization has advanced under the State Church system. It is enough

to mention the Education Act of 1870 and the abolition of religious

tests at Universities (1871). Other gains for freedom will be noticed

when I come to speak in another chapter of the progress of rationalism.

If we compare the religious situation in France in the seventeenth with

that in the eighteenth century, it seems to be sharply contrasted with

the development in England. In England there was a great advance towards

religious liberty, in France there was a falling away. Until 1676 the

French Protestants

[107] (Huguenots) were tolerated; for the next hundred years they were

outlaws. But the toleration, which their charter (the Edict of Nantes,

1598) secured them, was of a limited kind. They were excluded, for

instance, from the army; they were excluded from Paris and other cities

and districts. And the liberty which they enjoyed was confined to them;

it was not granted to any other sect. The charter was faithfully

maintained by the two great Cardinals (Richelieu and Mazarin) who

governed France under Louis XIII and Louis XIV, but when the latter

assumed the active power in 1661 he began a series of laws against the

Protestants which culminated in the revoking of the charter (1676) and

the beginning of a Protestant persecution.

The French clergy justified this policy by the notorious text “Compel

them to come in,” and appealed to St. Augustine. Their arguments evoked

a defence of toleration by Bayle, a French Protestant who had taken

refuge in Holland. It was entitled a Philosophical Commentary on the

text “Compel them to come in” (1686) and in importance stands beside

Locke’s work which was being composed at the same time. Many of the

arguments urged by the two writers are identical. They agreed, and for

the same reasons, in excluding Roman Catholics. The

[108] most characteristic thing in Bayle’s treatise is his sceptical

argument that, even if it were a right principle to suppress error by

force, no truth is certain enough to justify us in applying the theory.

We shall see (next chapter) this eminent scholar’s contribution to

rationalism.

Though there was an immense exodus of Protestants from France, Louis did

not succeed in his design of extirpating heresy from his lands. In the

eighteenth century, under Louis XV, the presence of Protestants was

tolerated though they were outlaws; their marriages were not recognized

as legal, and they were liable at any moment to persecution. About the

middle of the century a literary agitation began, conducted mainly by

rationalists, but finally supported by enlightened Catholics, to relieve

the affliction of the oppressed sect. It resulted at last in an Edict of

Toleration (1787), which made the position of the Protestants endurable,

though it excluded them from certain careers.

The most energetic and forceful leader in the campaign against

intolerance was Voltaire (see next chapter), and his exposure of some

glaring cases of unjust persecution did more than general arguments to

achieve the object. The most infamous case was that of Jean Calas, a

Protestant merchant of Toulouse, whose son committed suicide. A report

[109] was set abroad that the young man had decided to join the Catholic

Church, and that his father, mother, and brother, filled with Protestant

bigotry, killed him, with the help of a friend. They were all put in

irons, tried, and condemned, though there were no arguments for their

guilt, except the conjecture of bigotry. Jean Calas was broken on the

wheel, his son and daughter cast into convents, his wife left to starve.

Through the activity of Voltaire, then living near Geneva, the widow was

induced to go to Paris, where she was kindly received, and assisted by

eminent lawyers; a judicial inquiry was made; the Toulouse sentence was

reversed and the King granted pensions to those who had suffered. This

scandal could only have happened in the provinces, according to

Voltaire: “at Paris,” he says, “fanaticism, powerful though it may be,

is always controlled by reason.”

The case of Sirven, though it did not end tragically, was similar, and

the government of Toulouse was again responsible. He was accused of

having drowned his daughter in a well to hinder her from becoming a

Catholic, and was, with his wife, sentenced to death. Fortunately he and

his family had escaped to Switzerland, where they persuaded Voltaire of

their innocence. To get the sentence reversed was the work of nine

years, and this

[110] time it was reversed at Toulouse. When Voltaire visited Paris in

1778 he was acclaimed by crowds as the “defender of Calas and the

Sirvens.” His disinterested practical activity against persecution was

of far more value than the treatise on Toleration which he wrote in

connexion with the Calas episode. It is a poor work compared with those

of Locke and Bayle. The tolerance which he advocates is of a limited

kind; he would confine public offices and dignities to those who belong

to the State religion.

But if Voltaire’s system of toleration is limited, it is wide compared

with the religious establishment advocated by his contemporary,

Rousseau. Though of Swiss birth, Rousseau belongs to the literature and

history of France; but it was not for nothing that he was brought up in

the traditions of Calvinistic Geneva. His ideal State would, in its way,

have been little better than any theocracy. He proposed to establish a

“civil religion” which was to be a sort of undogmatic Christianity. But

certain dogmas, which he considered essential, were to be imposed on all

citizens on pain of banishment. Such were the existence of a deity, the

future bliss of the good and punishment of the bad, the duty of

tolerance towards all those who accepted the fundamental

[111] articles of faith. It may be said that a State founded on this

basis would be fairly inclusive—that all Christian sects and many deists

could find a place in it. But by imposing indispensable beliefs, it

denies the principle of toleration. The importance of Rousseau’s idea

lies in the fact that it inspired one of the experiments in religious

policy which were made during the French Revolution.

The Revolution established religious liberty in France. Most of the

leaders were unorthodox. Their rationalism was naturally of the

eighteenth-century type, and in the preamble to the Declaration of

Rights (1789) deism was asserted by the words “in the presence and under

the auspices of the Supreme Being” (against which only one voice

protested). The Declaration laid down that no one was to be vexed on

account of his religious opinions provided he did not thereby trouble

public order. Catholicism was retained as the “dominant” religion;

Protestants (but not Jews) were admitted to public office. Mirabeau, the

greatest statesman of the day, protested strongly against the use of

words like “tolerance” and “dominant.” He said: “The most unlimited

liberty of religion is in my eyes a right so sacred that to express it

by the word ‘toleration’ seems to me itself a sort of tyranny,

[112] since the authority which tolerates might also not tolerate.” The

same protest was made in Thomas Paine’s Rights of Man which appeared two

years later: “Toleration is not the opposite of Intolerance, but is the

counterfeit of it. Both are despotisms. The one assumes itself the right

of withholding liberty of conscience, and the other of granting it.”

Paine was an ardent deist, and he added: “Were a bill brought into any

parliament, entitled ‘An Act to tolerate or grant liberty to the

Almighty to receive the worship of a Jew or a Turk,’ or ‘to prohibit the

Almighty from receiving it,’ all men would startle and call it

blasphemy. There would be an uproar. The presumption of toleration in

religious matters would then present itself unmasked.”

The Revolution began well, but the spirit of Mirabeau was not in the

ascendant throughout its course. The vicissitudes in religious policy

from 1789 to 1801 have a particular interest, because they show that the

principle of liberty of conscience was far from possessing the minds of

the men who were proud of abolishing the intolerance of the government

which they had overthrown. The State Church was reorganized by the Civil

Constitution of the Clergy (1790), by which French citizens were

forbidden to acknowledge the authority of the Pope and

[113] the appointment of Bishops was transferred to the Electors of the

Departments, so that the commanding influence passed from the Crown to

the nation. Doctrine and worship were not touched. Under the democratic

Republic which succeeded the fall of the monarchy (1792–5) this

Constitution was maintained, but a movement to dechristianize France was

inaugurated, and the Commune of Paris ordered the churches of all

religions to be closed. The worship of Reason, with rites modelled on

the Catholic, was organized in Paris and the provinces. The government,

violently anti-Catholic, did not care to use force against the prevalent

faith; direct persecution would have weakened the national defence and

scandalized Europe. They naïvely hoped that the superstition would

disappear by degrees. Robespierre declared against the policy of

unchristianizing France, and when he had the power (April, 1795), he

established as a State religion the worship of the Supreme Being. “The

French people recognizes the existence of the Supreme Being and the

immortality of the Soul”; the liberty of other cults was maintained.

Thus, for a few months, Rousseau’s idea was more or less realized. It

meant intolerance. Atheism was regarded as a vice, and “all were

atheists who did not think like Robespierre.”

[114]

The democratic was succeeded by the middle-class Republic (1795–9), and

the policy of its government was to hinder the preponderance of any one

religious group; to hold the balance among all the creeds, but with a

certain partiality against the strongest, the Catholic, which

threatened, as was thought, to destroy the others or even the Republic.

The plan was to favour the growth of new rationalistic cults, and to

undermine revealed religion by a secular system of education.

Accordingly the Church was separated from the State by the Constitution

of 1795, which affirmed the liberty of all worship and withdrew from the

Catholic clergy the salaries which the State had hitherto paid. The

elementary schools were laicized. The Declaration of Rights, the

articles of the Constitution, and republican morality were taught

instead of religion. An enthusiast declared that “the religion of

Socrates, Marcus Aurelius, and Cicero would soon be the religion of the

world.”

A new rationalistic religion was introduced under the name of

Theophilanthropy. It was the “natural religion” of the philosophers and

poets of the century, of Voltaire and the English deists—not the

purified Christianity of Rousseau, but anterior and superior to

Christianity. Its doctrines, briefly formulated,

[115] were: God, immortality, fraternity, humanity; no attacks on other

religions, but respect and honour towards all; gatherings in a family,

or in a temple, to encourage one another to practise morality. Protected

by the government sometimes secretly, sometimes openly, it had a certain

success among the cultivated classes.

The idea of the lay State was popularized under this rule, and by the

end of the century there was virtually religious peace in France. Under

the Consulate (from 1799) the same system continued, but Napoleon ceased

to protect Theophilanthropy. In 1801, though there seems to have been

little discontent with the existing arrangement, Napoleon decided to

upset it and bring the Pope upon the scene. The Catholic religion, as

that of the majority, was again taken under the special protection of

the State, the salaries of the clergy again paid by the nation, and the

Papal authority over the Church again recognized within well-defined

limits; while full toleration of other religions was maintained. This

was the effect of the Concordat between the French Republic and the

Pope. It is the judgment of a high authority that the nation, if it had

been consulted, would have pronounced against the change. It may be

doubted whether this is true. But Napoleon’s policy

[116] seems to have been prompted by the calculation that, using the

Pope as an instrument, he could control the consciences of men, and more

easily carry out his plans of empire.

Apart from its ecclesiastical policies and its experiments in new creeds

based on the principles of rationalistic thinkers, the French Revolution

itself has an interest, in connexion with our subject, as an example of

the coercion of reason by an intolerant faith.

The leaders believed that, by applying certain principles, they could

regenerate France and show the world how the lasting happiness of

mankind can be secured. They acted in the name of reason, but their

principles were articles of faith, which were accepted just as blindly

and irrationally as the dogmas of any supernatural creed. One of these

dogmas was the false doctrine of Rousseau that man is a being who is

naturally good and loves justice and order. Another was the illusion

that all men are equal by nature. The puerile conviction prevailed that

legislation could completely blot out the past and radically transform

the character of a society. “Liberty, equality, and fraternity” was as

much a creed as the Creed of the Apostles; it hypnotized men’s minds

like a revelation from on high; and reason had as little part in its

propagation as in the spread

[117] of Christianity or of Protestantism. It meant anything but

equality, fraternity, or liberty, especially liberty, when it was

translated into action by the fanatical apostles of “Reason,” who were

blind to the facts of human nature and defied the facts of econnomics.

Terror, the usual instrument in propagating religions, was never more

mercilessly applied. Any one who questioned the doctrines was a heretic

and deserved a heretic’s fate. And, as in most religious movements, the

milder and less unreasonable spirits succumbed to the fanatics. Never

was the name of reason more grievously abused than by those who believed

they were inaugurating her reign.

Religious liberty, however, among other good things, did emerge from the

Revolution, at first in the form of Separation, and then under the

Concordat. The Concordat lasted for more than a century, under

monarchies and republics, till it was abolished in December, 1905, when

the system of Separation was introduced again.

In the German States the history of religious liberty differs in many

ways, but it resembles the development in France in so far as toleration

in a limited form was at first brought about by war. The Thirty Years’

War, which divided Germany in the first half

[118] of the seventeenth century, and in which, as in the English Civil

War, religion and politics were mixed, was terminated by the Peace of

Westphalia (1648). By this act, three religions, the Catholic, the

Lutheran, and the Reformed [4] were legally recognized by the Holy Roman

Empire, and placed on an equality; all other religious were excluded.

But it was left to each of the German States, of which the Empire

consisted, to tolerate or not any religion it pleased. That is, every

prince could impose on his subjects whichever of the three religions he

chose, and refuse to tolerate the others in his territory. But he might

also admit one or both of the others, and he might allow the followers

of other creeds to reside in his dominion, and practise their religion

within the precincts of their own houses. Thus toleration varied, from

State to State, according to the policy of each particular prince.

As elsewhere, so in Germany, considerations of political expediency

promoted the growth of toleration, especially in Prussia; and as

elsewhere, theoretical advocates exercised great influence on public

opinion. But the case for toleration was based by its German defenders

chiefly on legal, not, as in

[119] England and France, on moral and intellectual grounds. They

regarded it as a question of law, and discussed it from the point of

view of the legal relations between State and Church. It had been

considered long ago from this standpoint by an original Italian thinker,

Marsilius of Padua (thirteenth century), who had maintained that the

Church had no power to employ physical coercion, and that if the lay

authority punished heretics, the punishment was inflicted for the

violation not of divine ordinances but of the law of the State, which

excluded heretics from its territory.

Christian Thomasius may be taken as a leading exponent of the theory

that religious liberty logically follows from a right conception of law.

He laid down in a series of pamphlets (1693–1697) that the prince, who

alone has the power of coercion, has no right to interfere in spiritual

matters, while the clergy step beyond their province if they interfere

in secular matters or defend their faith by any other means than

teaching. But the secular power has no legal right to coerce heretics

unless heresy is a crime. And heresy is not a crime, but an error; for

it is not a matter of will. Thomasius, moreover, urges the view that the

public welfare has nothing to gain from unity of faith, that it makes no

[120] difference what faith a man professes so long as he is loyal to

the State. His toleration indeed is not complete. He was much influenced

by the writings of his contemporary Locke, and he excepts from the

benefit of toleration the same classes which Locke excepted.

Besides the influence of the jurists, we may note that the Pietistic

movement—a reaction of religious enthusiasm against the formal theology

of the Lutheran divines—was animated by a spirit favourable to

toleration; and that the cause was promoted by the leading men of

letters, especially by Lessing, in the second half of the eighteenth

century.

But perhaps the most important fact of all in hastening the realization

of religious liberty in Germany was the accession of a rationalist to

the throne of Prussia, in the person of Frederick the Great. A few

months after his accession (1740) he wrote in the margin of a State

paper, in which a question of religious policy occurred, that every one

should be allowed to get to heaven in his own way. His view that

morality was independent of religion and therefore compatible with all

religions, and that thus a man could be a good citizen—the only thing

which the State was entitled to demand—whatever faith he might profess,

led to the logical consequence of complete religious liberty. Catholics

[121] were placed on an equality with Protestants, and the Treaty of

Westphalia was violated by the extension of full toleration to all the

forbidden sects. Frederick even conceived the idea of introducing

Mohammedan settlers into some parts of his realm. Contrast England under

George III, France under Louis XV, Italy under the shadow of the Popes.

It is an important fact in history, which has hardly been duly

emphasized, that full religious liberty was for the first time, in any

country in modern Europe, realized under a free-thinking ruler, the

friend of the great “blasphemer” Voltaire.

The policy and principles of Frederick were formulated in the Prussian

Territorial Code of 1794, by which unrestricted liberty of conscience

was guaranteed, and the three chief religions, the Lutheran, the

Reformed, and the Catholic, were placed on the same footing and enjoyed

the same privileges. The system is “jurisdictional”; only, three

Churches here occupy the position which the Anglican Church alone

occupies in England. The rest of Germany did not begin to move in the

direction pointed out by Prussia until, by one of the last acts of the

Holy Roman Empire (1803), the Westphalian settlement had been modified.

Before the foundation of the new Empire (1870), freedom was established

throughout Germany.

[122]

In Austria, the Emperor Joseph II issued an Edict of Toleration in 1781,

which may be considered a broad measure for a Catholic State at that

time. Joseph was a sincere Catholic, but he was not impervious to the

enlightened ideas of his age; he was an admirer of Frederick, and his

edict was prompted by a genuinely tolerant spirit, such as had not

inspired the English Act of 1689. It extended only to the Lutheran and

Reformed sects and the communities of the Greek Church which had entered

into union with Rome, and it was of a limited kind. Religious liberty

was not established till 1867.

The measure of Joseph applied to the Austrian States in Italy, and

helped to prepare that country for the idea of religious freedom. It is

notable that in Italy in the eighteenth century toleration found its

advocate, not in a rationalist or a philosopher, but in a Catholic

ecclesiastic, Tamburinni, who (under the name of his friend

Trautmansdorf) published a work On Ecclesiastical and Civil Toleration

(1783). A sharp line is drawn between the provinces of the Church and

the State, persecution and the Inquisition are condemned, coercion of

conscience is declared inconsistent with the Christian spirit, and the

principle is laid down that the sovran should only exercise coercion

where

[123] the interests of public safety are concerned. Like Locke, the

author thinks that atheism is a legitimate case for such coercion.

The new States which Napoleon set up in Italy exhibited toleration in

various degrees, but real liberty was first introduced in Piedmont by

Cavour (1848), a measure which prepared the way for the full liberty

which was one of the first-fruits of the foundation of the Italian

kingdom in 1870. The union of Italy, with all that it meant, is the most

signal and dramatic act in the triumph of the ideas of the modern State

over the traditional principles of the Christian Church. Rome, which

preserved those principles most faithfully, has offered a steadfast, we

may say a heroic, resistance to the liberal ideas which swept Europe in

the nineteenth century. The guides of her policy grasped thoroughly the

danger which liberal thought meant for an institution which, founded in

a remote past, claimed to be unchangeable and never out of date. Gregory

XVI issued a solemn protest maintaining authority against freedom, the

mediaeval against the modern ideal, in an Encyclical Letter (1832),

which was intended as a rebuke to some young French Catholics (Lamennais

and his friends) who had conceived the promising idea of transforming

the Church by the Liberal spirit

[124] of the day. The Pope denounces “the absurd and erroneous maxim, or

rather insanity, that liberty of conscience should be procured and

guaranteed to every one. The path to this pernicious error is prepared

by that full and unlimited liberty of thought which is spread abroad to

the misfortune of Church and State and which certain persons, with

excessive impudence, venture to represent as an advantage for religion.

Hence comes the corruption of youth, contempt for religion and for the

most venerable laws, and a general mental change in the world—in short

the most deadly scourge of society; since the experience of history has

shown that the States which have shone by their wealth and power and

glory have perished just by this evil— immoderate freedom of opinion,

licence of conversation, and love of novelties. With this is connected

the liberty of publishing any writing of any kind. This is a deadly and

execrable liberty for which we cannot feel sufficient horror, though

some men dare to acclaim it noisily and enthusiastically.” A generation

later Pius IX was to astonish the world by a similar manifesto—his

Syllabus of Modern Errors (1864). Yet, notwithstanding the fundamental

antagonism between the principles of the Church and the drift of modern

civilization, the Papacy survives,

[125] powerful and respected, in a world where the ideas which it

condemned have become the commonplace conditions of life.

The progress of Western nations from the system of unity which prevailed

in the fifteenth, to the system of liberty which was the rule in the

nineteenth century, was slow and painful, illogical and wavering,

generally dictated by political necessities, seldom inspired by

deliberate conviction. 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. This proves that Separation is not an infallible

receipt for producing tolerance. But I see no reason to suppose that

public opinion in America would be different, if either the Federal

Republic or the particular States had adopted Jurisdiction. Given legal

liberty under either system, I should say that the tolerance of public

opinion depends on social conditions and especially on the degree of

culture among the educated classes.

From this sketch it will be seen that toleration was the outcome of new

political circumstances and necessities, brought about by the disunion

of the Church through the Reformation. But it meant that in those States

which granted toleration the opinion of

[127] a sufficiently influential group of the governing class was ripe

for the change, and this new mental attitude was in a great measure due

to the scepticism and rationalism which were diffused by the Renaissance

movement, and which subtly and unconsciously had affected the minds of

many who were sincerely devoted to rigidly orthodox beliefs; so

effective is the force of suggestion. In the next two chapters the

advance of reason at the expense of faith will be traced through the

seventeenth, eighteenth, and nineteenth centuries.

[1] Translated by Lecky.

[2] Complete toleration was established by Penn in the Quaker Colony of

Pennsylvania in 1682.

[3] Especially Chillingworth’s Religion of Protestants (1637), and

Jeremy Taylor’s Liberty of Prophesying (1646).

[4] The Reformed Church consists of the followers of Calvin and Zwingli.

A History of Freedom of Thought · 第 4 / 7 章