Ediblog.com
Editorial Blogs On The Edge
Maryland Toleration Act of 1649
September 21, 1649
An Act Concerning
Religion.
Forasmuch as in a well governed and
Christian Common Weath matters concerning Religion and the honor of God
ought in the first place to bee taken, into serious consideracion and
endeavoured to bee settled, Be it therefore ordered and enacted by the
Right Honourable Cecilius Lord Baron of Baltemore absolute Lord and
Proprietary of this Province with the advise and consent of this
Generall Assembly:
That whatsoever person or persons
within this Province and the Islands thereunto helonging shall from
henceforth blaspheme God, that is Curse him, or deny our Saviour Jesus
Christ to bee the sonne of God, or shall deny the holy Trinity the
father sonne and holy Ghost, or the Godhead of any of the said Three
persons of the Trinity or the Unity of the Godhead, or shall use or
utter any reproachfull Speeches, words or language concerning the said
Holy Trinity, or any of the said three persons thereof, shalbe punished
with death and confiscation or forfeiture of all his or her lands and
goods to the Lord Proprietary and his heires.
And bee it also Enacted by the
Authority and with the advise and assent aforesaid, That whatsoever
person or persons shall from henceforth use or utter any reproachfull
words or Speeches concerning the blessed Virgin Mary the Mother of our
Saviour or the holy Apostles or Evangelists or any of them shall in such
case for the first offence forfeit to the said Lord Proprietary and his
heirs Lords and Proprietaries of this Province the summe of five pound
Sterling or the value thereof to be Levyed on the goods and chattells of
every such person soe offending, but in case such Offender or Offenders,
shall not then have goods and chattells sufficient for the satisfyeing
of such forfeiture, or that the same bee not otherwise speedily
satisfyed that then such Offender or Offenders shalbe publiquely whipt
and bee imprisoned during the pleasure of the Lord Proprietary or the
Lieutenant or cheife Governor of this Province for the time being. And
that every such Offender or Offenders for every second offence shall
forfeit tenne pound sterling or the value thereof to bee levyed as
aforesaid, or in case such offender or Offenders shall not then have
goods and chattells within this Province sufficient for that purpose
then to bee publiquely and severely whipt and imprisoned as before is
expressed. And that every person or persons before mentioned offending
herein the third time, shall for such third Offence forfeit all his
lands and Goods and bee for ever banished and expelled out of this
Province.
And be it also further Enacted by the
same authority advise and assent that whatsoever person or persons shall
from henceforth uppon any occasion of Offence or otherwise in a
reproachful manner or Way declare call or denominate any person or
persons whatsoever inhabiting, residing, traffiqueing, trading or
comerceing within this Province or within any the Ports, Harbors, Creeks
or Havens to the same belonging an heritick, Scismatick, Idolator,
puritan, Independant, Prespiterian popish prest, Jesuite, Jesuited
papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian,
Barrowist, Roundhead, Separatist, or any other name or terme in a
reproachfull manner relating to matter of Religion shall for every such
Offence forfeit and loose the somme of tenne shillings sterling or the
value thereof to bee levyed on the goods and chattells of every such
Offender and Offenders, the one half thereof to be forfeited and paid
unto the person and persons of whom such reproachfull words are or
shalbe spoken or uttered, and the other half thereof to the Lord
Proprietary and his heires Lords and Proprietaries of this Province. But
if such person or persons who shall at any time utter or speake any such
reproachfull words or Language shall not have Goods or Chattells
sufficient and overt within this Province to bee taken to satisfie the
penalty aforesaid or that the same bee not otherwise speedily satisfyed,
that then the person or persons soe offending shalbe publickly whipt,
and shall suffer imprisonment without baile or maineprise [bail] untill
hee, shee or they respectively shall satisfy the party soe offended or
greived by such reproachfull Language by asking him or her respectively
forgivenes publiquely for such his Offence before the Magistrate of
cheife Officer or Officers of the Towne or place where such Offence
shalbe given.
And be it further likewise Enacted by
the Authority and consent aforesaid That every person and persons within
this Province that shall at any time hereafter prophane the Sabbath or
Lords day called Sunday by frequent swearing, drunkennes or by any
uncivill or disorderly recreacion, or by working on that day when
absolute necessity doth not require it shall for every such first
offence forfeit 2s 6d sterling or the value thereof, and
for the second offence 5s sterling or the value thereof, and for
the third offence and soe for every time he shall offend in like manner
afterwards 10s sterling or the value thereof. And in case such
offender and offenders shall not have sufficient goods or chattells
within this Province to satisfy any of the said Penalties respectively
hereby imposed for prophaning the Sabbath or Lords day called Sunday as
aforesaid, That in Every such case the partie soe offending shall for
the first and second offence in that kinde be imprisoned till hee or
shee shall publickly in open Court before the cheife Commander Judge or
Magistrate, of that County Towne or precinct where such offence shalbe
committed acknowledg the Scandall and offence he hath in that respect
given against God and the good and civill Governement of this Province,
And for the third offence and for every time after shall also bee
publickly whipt.
And whereas the inforceing of the
conscience in matters of Religion hath frequently fallen out to be of
dangerous Consequence in those commonwealthes where it hath been
practised, And for the more quiett and peaceable governement of this
Province, and the better to preserve mutuall Love and amity amongst the
Inhabitants thereof, Be it Therefore also by the Lord Proprietary with
the advise and consent of this Assembly Ordeyned and enacted (except as
in this present Act is before Declared and sett forth) that noe person
or persons whatsoever within this Province, or the Islands, Ports,
Harbors, Creekes, or havens thereunto belonging professing to beleive in
Jesus Christ, shall from henceforth bee any waies troubled, Molested or
discountenanced for or in respect of his or her religion nor in the free
exercise thereof within this Province or the Islands thereunto belonging
nor any way compelled to the beleife or exercise of any other Religion
against his or her consent, soe as they be not unfaithfull to the Lord
Proprietary, or molest or conspire against the civill Governement
established or to bee established in this Province under him or his
heires. And that all and every person and persons that shall presume
Contrary to this Act and the true intent and meaning thereof directly or
indirectly either in person or estate willfully to wrong disturbe
trouble or molest any person whatsoever within this Province professing
to beleive in Jesus Christ for or in respect of his or her religion or
the free exercise thereof within this Province other than is provided
for in this Act that such person or persons soe offending, shalbe
compelled to pay trebble damages to the party soe wronged or molested,
and for every such offence shall also forfeit 20s sterling in
money or the value thereof, half thereof for the use of the Lord
Proprietary, and his heires Lords and Proprietaries of this Province,
and the other half for the use of the party soe wronged or molested as
aforesaid, Or if the partie soe offending as aforesaid shall refuse or
bee unable to recompense the party soe wronged, or to satisfy such fyne
or forfeiture, then such Offender shalbe severely punished by publick
whipping and imprisonment during the pleasure of the Lord Proprietary,
or his Lieutenant or cheife Governor of this Province for the tyme being
without baile or maineprise.
And bee it further alsoe Enacted by
the authority and consent aforesaid That the Sheriff or other Officer or
Officers from time to time to bee appointed and authorized for that
purpose, of the County Towne or precinct where every particular offence
in this present Act conteyned shall happen at any time to bee committed
and whereupon there is hereby a forfeiture fyne or penalty imposed shall
from time to time distraine and seise the goods and estate of every such
person soe offending as aforesaid against this present Act or any part
thereof, and sell the same or any part thereof for the full satisfaccion
of such forfeiture, fine, or penalty as aforesaid, Restoring unto the
partie soe offending the Remainder or overplus of the said goods or
estate after such satisfaccion soe made as aforesaid.
|