The Maryland Toleration Act
(1649)
An Act Concerning Religion.
Forasmuch as in a well governed and Christian Commonwealth
matters concerning Religion and the honor
of God ought in the first place to be taken,into serious
consideration and endeavoured to be 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 be the son of God, or shall
deny the holy Trinity the father son 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, shall be punished with death and confiscation or
forfeiture of all his or her lands and goods to the Lord
Proprietary and his heires.
And be 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 publically whipped
and be imprisoned during the pleasure of the Lord Proprietary
or the lieutenant or chief 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 be publically and severely whipped
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 be 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 be taken to satisfie the penalty aforesaid
or that the same bee not otherwise speedily satisfyed, that
then the person or persons so offending shall be publically
whipped, and shall suffer imprisonment without bail or
maineprise [bail] untill he, she or they respectively shall
satisfy the party so offended or greived by such reproachfull
language by asking him or her respectively forgivenes
publically for such his offence before the Magistrate of
chief officer or officers of the town or place where such
offence shal be 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 uncivil 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 so 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 so offending
shall for the first and second offence in that kind be imprisoned
till he or she shall publickly in open Court
before the chief Commander Judge or Magistrate, of that
County Town or precinct where such offence shall be committed
acknowledge the scandall and offence he hath in
that respect given against God and the good and civil
governement of this Province, And for the third offence
and for every time after shall also bee publically whipped.
And whereas the enforcing 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 quiet and peaceable
governement of this Province, and the better to preserve
mutual love and amity among the inhabitants
thereof, be it therefore also by the Lord Proprietary with
the advise and consent of this Assembly ordered and
enacted (except as in this present Act is before declared
and set forth) that no 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 be 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 beleif or exercise of any other religion
against his or her consent, so as they be not unfaithfull
to the Lord Proprietary, or molest or conspire
against the civil governement established or to be 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 so offending, shall be
compelled to pay treble damages to the party so 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 so wronged or molested as aforesaid,
or if the partie so offending as aforesaid shall refuse
or be unable to recompense the party so wronged, or to
satisfy such fine or forfeiture, then such offender shall be
severely punished by public whipping and imprisonment
during the pleasure of the Lord Proprietary, or his Lieutenant
or chief Governor of this Province for the time
being without baile or maineprise.
And be it further also enacted by the authority
and consent aforesaid that the sheriff or other officer or
officers from time to time to be 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 be committed and whereupon there
is hereby a forfeiture fine or penalty imposed shall from
time to time distraine and seise the goods and estate of
every such person so 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 so
offending the remainder or overplus of the said goods or
estate after such satisfaccion so made as aforesaid.
The freemen have assented.
Document uploaded to this site:
10/23/01
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