The Maryland Toleration Act (1649)
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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:
2 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.
3 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.
4 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.
5 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.
6 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.
7 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.
1649
The freemen have assented.
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