THE PROGRESS OF RELIGIOUS FREEDOM AS SHOWN IN THE HISTORY OF TOLERATION ACTS THE PROGRESS OF RELIGIOUS FREEDOM AS SHOWN IN THE HISTORY OF TOLERATION ACTS BY REV. PHILIP SCHAFF, D.D., Professor of Church History, Union Theological Seminary, N. Y. CHAPTER L TOLERATION AND LIBERTY. An Edict or Act of Toleration is a grant of the civil gov- ernment, which authorizes religious societies dissenting from the State religion to worship according to the dictates of conscience without liability to persecution. Such an Edict always presupposes a religion established by law and sup- ported by the State, and the right of the State to control public worship. Toleration may proceed from necessity, or from prudence, or from indifference, or from liberality and an enlarged view of truth and right. It may be extended or withdrawn by the government; but it is usually the entering wedge for religious liberty and legal equality. There is a wide difference between toleration and-liberty. The one is a concession, the other a right; the one is a matter of expediency, the other a principle; the one is a gift of man, the other, a gift of God. Toleration implies more or less censure or disapproval. We tolerate or endure what we dislike but cannot prevent. The most despotic governments are tolerant towards sub- jects who are too numerous or too useful to be killed or exiled. Russia tolerates Romanists, Protestants, Jews, and Mohammedans; Turkey tolerates " Christian dogs," and likes them to prey upon each other; but woe to him in either country who apostatizes from the State religion, or 2 The Progress of Religious Freedom. attempts to induce any member of the same to apostasy. " Toleration is first sought and granted as a favor, then de- manded and conceded as a right, and at last spurned as an insult." In a free country nobody wants to be tolerated for his religious opinions or sacred convictions. Religious liberty is a natural, fundamental, and inalienable right of every man. It is founded in the sacredness of conscience, which is the voice of God in man and above the reach and control of human authority. There is a law above all human laws. It is written not on parchment and tables of stone, but on the heart of man by the finger of God. It is that law which commands with the categorical impera- tive, and which filled the philosopher Kant with ever-grow- ing reverence and awe. " We must obey God more than man." He and he alone is the author and lord of con- science, and no power on earth has a right to interpose itself between them. " Every man stands or falls to his own lord." Liberty of conscience requires liberty of worship as its mani- festation. To grant the former and to deny the latter is to imprison conscience and to promote hypocrisy or infidelity. Religion is in its nature voluntary, and ceases to be religion in proportion as it is forced. God wants free worshipers, and no others. Toleration is an intermediate state between religious per- secution and religious liberty. Persecution results from the union of Church and State ; toleration, from a relaxation of that union ; full religious liberty and legal equality requires a peaceful separation of the spiritual and secular powers. The theory of mediaeval Europe was intolerance and per- secution ; the theory of modern Europe is toleration; the theory of North America is religious liberty and equality. The papal Church is constitutionally exclusive and intoler- ant, and treats every departure from it as damnable heresy and schism. On the Continent a distinction is made between official Churches and tolerated Sects; in England, between the Established Church and societies of Dissenters. In the United States all forms of Christianity are equal before the law, and there is no distinction between Churchmen and Toleration and Liberty. 3 Sectaries or Dissenters. All enjoy the full right of self- government, and the protection of the laws of the land. European toleration is irresistibly tending to American liberty, or to such an adjustment of the relation of Church and State as will guarantee freedom and independence to each in its own sphere, the one in the spiritual, the other in the temporal; while both have a common interest in pro- moting the moral purity and integrity of the people. Religious liberty, like civil liberty, the liberty of speech, the liberty of the press, and every other liberty, is liable to abuse and consequent punishment. Every man's liberty is limited by the golden rule, not to do unto others what we would not have them do unto us. Nobody has a right to trespass on the rights of his neighbor, or to do wrong. The legal maxim is : " Sic utere tuum, ut alienum non l&das." A State cannot control private opinions, but may forbid and punish overt acts of a religion which disturbs the peace of society, and undermines the moral foundations on which government rests. The Congress of the United States has forbidden polygamy in the Territories, which is a part of the Mormon religion, and would forbid licentious rites, bloody sacrifices, and other criminal acts practised in the name of religion. But all Christian churches which accept the Bible, teach the Ten Commandments, and enjoin love to God and man, are compatible with, and promotive of, the welfare of society, and make good citizens by making good Christians. A government consults its own interest by protecting all and persecuting none. Liberty will be abused to the end of time. But no amount of abuse can abolish the right use. The same sun which spreads light and life promotes decay and death. No book is more abused than the Bible, and yet it will ever be the Book of books. So religious liberty remains the most precious of all liberties, and the strong foundation of all other liberty. CHAPTER II. THE TOLERATION EDICT OF CONSTANTINE THE GREAT. A.D. 313. Toleration Edicts mark the epochs in the history of reli- gious freedom. Under this view we shall consider them. Persecution of Christianity. For three hundred years Christianity had to struggle for a legal existence in the old Roman Empire, which adopted the policy of a limited toleration to the religions of conquered nations, and granted the same to Christianity as long as it was regarded as a sect of Judaism, but refused it as soon as it became known in its true character as a new religion aiming at universal dominion. Hence the long series of per- secutions which fill the pages of the heroic age of Christian martyrdom. The last and fiercest of these persecutions was the Diocle- tian, which aimed at the utter extermination of the Christian religion, with its leading men and sacred books, from the face of the earth. But this desperate struggle ended in the destruction of Paganism and the triumph of Christianity. Toleration Edict of Galerius. A.D. JII. After the government had exhausted its efforts, Galerius, the real author of this persecution, issued from Nicomedia in 311, together with Constantine and Licinius, an Edict of Toleration, which acknowledged the failure of the persecu- tion, and permitted the Christians to hold their assemblies, with the direction that they should pray to their God for the welfare of the Emperors and the State. The Edict insulted Toleration Edict of Constantine the Great. 5 the Christians, and yet asked their support in saving the tottering empire from ruin. It was merely negative, but it stopped persecution and prepared the way for the great change which soon took place under Constantine. The Toleration Edict of Constantine. A.D. JIJ. A few months after his victory over the persecuting pagan, Maxentius, at the Milvian bridge near Rome, in October, 312, Constantine the Great issued, in connection with Licinius, an Edict of Toleration from Milan, which mark's the transi- tion from the hostile neutrality of Galerius to friendly neutrality and official protection.1 This famous Edict changed the current of history. It breathes the air of pantheistic syncretism. Constantine, whatever we may think of the miracle, or vision, or dream of the cross in the skies with its prophetic inscription, was at that time already half a Christian, or on the way from the worship of Apollo to the worship of Christ, although he put off baptism to his deathbed twenty-four years later; Licinius was a heathen, and afterwards renewed the persecu- tion of the Christians in the East; both agreed in the wise policy of conciliation, by which they hoped to win the support of all religions in the empire. But the most re- markable feature of the Edict, as compared with similar Edicts of later times, is its advanced position. It anticipates in several passages the modern theory of religious liberty. It recognizes and grants to every man the right to choose his religion and mode of worship, according to the dictates of his own conscience. The same idea had been previously expressed by several ante-Nicene fathers, as Justin Martyr, Tertullian, and Lactantius, and was repeated by Nicene fathers in the times of Arian persecution. Tertullian says to the heathen Pro- consul of Carthage5: "We are worshipers of one God, of whose existence and character nature teaches all men ; at whose lightnings and thunders you tremble, whose benefits minister to your happiness. You think that others, too, are 1 See Document I. * Ad Scapulam, cap. 2. 6 The Progress of Religious Freedom. gods, whom we know to be demons. However, it is a funda- mental human right, a privilege of nature, that every man should worship according to his own convictions.1 One man's religion neither harms nor helps another man.