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THE
MARYLAND TOLERATION ACT
1649
This
act forbade public and private discrimination on the
basis of religion and limitation of individuals' free
exercise of religion. Its protections included all who
professed belief in Jesus Christ. The act also prescribed
the death penalty and property forfeitures for those
who blasphemed or cursed God or denied the Incarnation
and lesser penalties for those who uttered religious
profanity or epithets or profaned the Sabbath.
RJ&L
Religious Institutions Group
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 I 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 belonging shall from henceforth blaspheme
God, that is Curse him, or deny our Saviour Jesus Chnst
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 l0s 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 believe 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 direct!y 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.
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