Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

offended . . . by asking him or her . . . forgivenes publiquely . . . before the Magistrate . . . .

And be it further likewise Enacted. That every person . . . that shall . . . 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 2 s[hillings] 6 [pence] sterling . . . and for the second offence 5 s[hillings] . . . and for the third offence and soe for every time . . . afterwards 10 s[hillings] . . . .

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 government of this Province, and the better to preserve mutual Love and amity amongst the Inhabitants thereof. Be it Therefore . . . enacted (except as in this Present Act is before Declared and sett forth) that noe person . . . whatsoever within this Province . . . professing to beleive in Jesus Christ, shall . . . bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof . . . 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 Government . . . . And that all & every p[er]son . . . that shall presume Contrary to this Act . . . willfully to wrong disturbe trouble or molest any person . . . professing to beleive in Jesus Christ for or in respect of his or her religion or the free exercise thereof . . . shalbe compelled to pay trebble damages to the party soe wronged or molested, and for every such offence shall also forfeit 20 s[hillings] sterling in money or the value thereof, half therof for the use of the Lord Proprietary . . . and the other half for the use of the party soe wronged . . . Or if the partie soe offending . . . shall refuse or bee unable to recompense the party soe wronged, or to satisfy such ffyne or forfeiture, then such Offender shalbe severely punished by publick whipping & imprisonment during the pleasure of the Lord Proprietary . . . without baile or maineprise . . . .

Source: William H. Browne (ed.), Archives of Maryland ( Baltimore, 1883), I, 244-247.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

M. P. Andrews, The Founding of Maryland ( New York, 1933), pp. 143-172.

T. O. Hanley, Their Rights and Liberties ( Westminster, Md., 1959).

J. D. Krugler, "Lord Baltimore, Roman Catholics, and Toleration: Religious Policy in Maryland during the Early Catholic Years, 1634-1649", Catholic Historical Review, Vol. 65, No. 1 ( Jan. 1979), pp. 49-75.

B. C. Steiner, Maryland during the English Civil Wars ( Baltimore, 1906- 1907).

-47-

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