The Declaration of the Rights of Man and of CitizensJellinek, Georg
History
The Declaration of the Rights of Man and of Citizens
Jellinek, Georg
Constitutional history -- France; Constitutional history -- United States; Natural law
The inherent fundamental right of religious liberty, for which Roger
Williams had striven so earnestly, found also in the seventeenth century
its official recognition in law, first in the laws of 1647 of Rhode
Island, and then in the charter which Charles II. granted the colony of
Rhode Island and Providence Plantations in 1663.[81] It was therein
ordered in fulfilment of the colonists' request, in a manner ever
memorable, that in future in the said colony no person should be
molested, punished or called in question for any differences of opinion
in matters of religion; but that all persons at all times should have
full liberty of conscience, so long as they behaved themselves peaceably
and did not misuse this liberty in licentiousness or profaneness, nor
to the injury or disturbance of others.[82] Thus a colony was granted
that which in the mother-country at the time was contested to the
utmost. Similar principles are found for the first time in Europe in the
Practice of Frederick the Great in Prussia. But the principles of
religious liberty were recognized to a greater or less extent in other
colonies also. Catholic Maryland in 1649 granted freedom in the exercise
of religion to every one who acknowledged Jesus Christ.[83] Also that
remarkable constitution which Locke prepared for North Carolina and that
went into force there in 1669, and which agrees so little with the
tenets of his _Two Treatises on Government_, is based upon the principle
not, it is true, of full equality of rights, but of toleration of
Dissenters, and also of Jews and heathen.[84] It was permitted every
seven persons of any religion to form a church or communion of
faith.[85] No compulsion in matters of religion was exercised, except
that every inhabitant when seventeen years of age had to declare to
which communion he belonged and to be registered in some church,
otherwise he stood outside of the protection of the law.[86] All
violence toward any religious assembly was strictly prohibited.[87] It
was not the principle of political liberty that lay on Locke's heart,
but the opening of a way to full religious liberty. In spite of the fact
that in his treatise _On Civil Government_ there is not a word upon the
right of conscience, which he had so energetically defended in his
celebrated _Letters on Toleration_, the constitution of North Carolina
shows that in his practical plans it held the first place. And so with
Locke also liberty of conscience was brought forward as the first and
most sacred right, overshadowing all others. This philosopher, who held
freedom to be man's inalienable gift from nature, established servitude
and slavery under the government he organized without hesitation, but
religious toleration he carried through with great energy in this new
feudal state.
Public-domain text, read in full here on John Shaqi.
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