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176 HISTORY OF MARYLAND.
shall be committed, acknowledge the scandall and offence hee hath in that respect given
against God, and the good and civil government of this province; and for the third
offence and for every time after shall also be publickly whipt.
" And whereas the inforcing of the conscience in matters of religion hath frequently
fallen out to bee of dangerous consequence in those commonwealths where it hath beene
practised, and for the more quiet and peaceable government of this province, and the
better to preserve mutuall love and unity amongst the inhabitants here, Bee it, therefore,
also by the lord proprietary, with the advice and assent of this assembly, ordained 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, harbours, creeks, or havens
thereunto belonging, professing to believe 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 beleefe 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 civill government, established or to be estabblished in this province under him and
his heyres ; and that all and every person or persons that shall presume contrary to this
act and the true intent and meaning thereof, directly or indirectly, eyther in person or
estate, wilfully to wrong, disturbe, or trouble, or molest any person or persons whatsoever
within this province, professing to believe in Jesus Christ, for or in respect of his or her
religion, or the free exercise thereof within this province, otherwise 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 halfe thereof for the
use of the partie so wronged or molested as aforesayd; or if the party so offending as
aforesaid, shall refuse or bee unable to recompence the party so wronged or to satisfie
such fine or forfeiture, then such offender shall be severely punished by publick whipping
and imprisonment during the pleasure of the lord proprietary or his lieutenant or chiefe
governour of this province for the time being, without baile or mainprise.
" And be it further also enacted by the authority and consent aforesayd, that the
sheriffe or other officer or officers from time to time to be appointed and authorised for
that purpose of the county, town, or precinct where every particular offence, in this present act contained, shall happen at any time to be committed, and whereupon there is
heereby a forfeiture, fine, or penalty imposed, shall from time to time distrain, and seise
the goods and estate of every such person so offending as aforesayd against this present
act or any part thereof and sell the same or any part thereof for the full satisfaction of
such forfeiture, fine, or penalty as aforesayd, restoring to the party so offending the
remainder or overplus of the sayd goods and estate after such satisfaction so made as
aforesayd." 1
The passage of this act, the oath of the governor, and the consequent
freedom of conscience which the colony enjoyed; their subsequent repeal by
the la\v's establishing the Church of England in the province and disabling
the Catf\olics, and the intolerance and persecutions which ensued, prove
conclusive^ that, to the legislation of Lord Baltimore and his colonists, the
credit is due for the early toleration in Maryland, and to the legislation of
the faction that in a later day came to power, was owing the intolerance
" i sThe foregoing t.ct is recorded in Lib. C. and Court of Appeals, and also in the book entitled
WE. p. 106 ;—Lib. WH. p. Ill, and Lib. WH. "Assembly Proceedings from 1637 to 1658," p.
and L. p. 1,—book' in the office of the present 354, in the Land Office, Annapolis.
Object Description
| Title | History of Maryland - 1 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
Description
| Title | 00000201 |
| Type | Books/Pamphlets |
| Transcript | 176 HISTORY OF MARYLAND. shall be committed, acknowledge the scandall and offence hee hath in that respect given against God, and the good and civil government of this province; and for the third offence and for every time after shall also be publickly whipt. " And whereas the inforcing of the conscience in matters of religion hath frequently fallen out to bee of dangerous consequence in those commonwealths where it hath beene practised, and for the more quiet and peaceable government of this province, and the better to preserve mutuall love and unity amongst the inhabitants here, Bee it, therefore, also by the lord proprietary, with the advice and assent of this assembly, ordained 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, harbours, creeks, or havens thereunto belonging, professing to believe 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 beleefe 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 civill government, established or to be estabblished in this province under him and his heyres ; and that all and every person or persons that shall presume contrary to this act and the true intent and meaning thereof, directly or indirectly, eyther in person or estate, wilfully to wrong, disturbe, or trouble, or molest any person or persons whatsoever within this province, professing to believe in Jesus Christ, for or in respect of his or her religion, or the free exercise thereof within this province, otherwise 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 halfe thereof for the use of the partie so wronged or molested as aforesayd; or if the party so offending as aforesaid, shall refuse or bee unable to recompence the party so wronged or to satisfie such fine or forfeiture, then such offender shall be severely punished by publick whipping and imprisonment during the pleasure of the lord proprietary or his lieutenant or chiefe governour of this province for the time being, without baile or mainprise. " And be it further also enacted by the authority and consent aforesayd, that the sheriffe or other officer or officers from time to time to be appointed and authorised for that purpose of the county, town, or precinct where every particular offence, in this present act contained, shall happen at any time to be committed, and whereupon there is heereby a forfeiture, fine, or penalty imposed, shall from time to time distrain, and seise the goods and estate of every such person so offending as aforesayd against this present act or any part thereof and sell the same or any part thereof for the full satisfaction of such forfeiture, fine, or penalty as aforesayd, restoring to the party so offending the remainder or overplus of the sayd goods and estate after such satisfaction so made as aforesayd." 1 The passage of this act, the oath of the governor, and the consequent freedom of conscience which the colony enjoyed; their subsequent repeal by the la\v's establishing the Church of England in the province and disabling the Catf\olics, and the intolerance and persecutions which ensued, prove conclusive^ that, to the legislation of Lord Baltimore and his colonists, the credit is due for the early toleration in Maryland, and to the legislation of the faction that in a later day came to power, was owing the intolerance " i sThe foregoing t.ct is recorded in Lib. C. and Court of Appeals, and also in the book entitled WE. p. 106 ;—Lib. WH. p. Ill, and Lib. WH. "Assembly Proceedings from 1637 to 1658," p. and L. p. 1,—book' in the office of the present 354, in the Land Office, Annapolis. |
