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.