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ThePatent of Toleration (German:Toleranzpatent,Hungarian:Türelmi rendelet) was anedict of toleration issued on 13 October 1781 by theHabsburg emperorJoseph II.[1][2] Part of theJosephinist reforms, the Patent extendedreligious freedom to non-Catholic Christians living in the crown lands of theHabsburg monarchy, includingLutherans,Calvinists, and theEastern Orthodox.[3][4] Specifically, these members of minority faiths were now legally permitted to hold "private religious exercises" inclandestine churches.[5]
For the first time after theCounter-Reformation, the Patent guaranteed the practice of religion by the Evangelical Lutheran and theReformed Church in Austria. Nevertheless, worship was heavily regulated, wedding ceremonies remained reserved for the Catholic Church, and theUnity of the Brethren was still suppressed. Similar to thearticular churches admitted 100 years before, Protestants were only allowed to erect 'houses of prayer' (Bethäuser) which should not in any way resemble church buildings. In many Habsburg areas, especially in the 'hereditary lands' ofUpper Austria,Styria andCarinthia, Protestant parishes quickly developed, strongly relying oncrypto-protestant traditions. The Patent also regulated mixed faith marriages, foreshadowing the Marriage Patent that was to be released in 1783 seeking to bring marriages under civil rather thancanon law. In allowing marriages between religions, if the father was Catholic all children were required to be raised as Catholics whilst if the mother was Catholic only the daughters had to be raised as such.[6]
The Patent was followed by theEdict of Tolerance forJews in 1782. The edict extended to Jews the freedom to pursue all branches of commerce, but also imposed new requirements.[7] Jews were required to create German-language primary schools or send their children to Christian schools (Jewish schools had previously taught children to read and write Hebrew in addition to mathematics.) The Patent also permitted Jews to attend state secondary schools. A series of laws issued soon after the Edict of Toleration abolished the autonomy of the Jewish communities, which had previously run their own court, charity, internal taxation and school systems; required Jews to acquire family names; made Jews subject to military conscription; and required candidates for the rabbinate to have secular education.
The 1781 Patent was originally called the "Divine Send of Equal Liberties" but was further put down by the monarch's advisor.[citation needed] Constraints on the construction of churches were abolished after therevolutions of 1848. The Protestant Church did not receive an equivalent legal status until EmperorFranz Joseph I of Austria issued theProtestantenpatent in 1861.