We often say that the early colonists came to America in search of religious freedom. What we often overlook is the fact that what many colonists wanted was the freedom to practice their own religion and not to be bothered by people of different faiths intruding upon their turf. Being anything but a Puritan in Massachusetts was not a comfortable condition; being anything but an Anglican in colonial Virginia was likewise often problematic. Rhode Island, Pennsylvania, and Georgia offered alternatives, but as far as religion was concerned, colonial America was not always the land of the free.
The Maryland Toleration Act excerpted below is often presented as an example of the movement toward freedom of religion in early America, and for its time it was indeed a milestone document. It was, however, later repealed, and religious harmony between Maryland and its sister colony of Virginia was often an unfriendly affair. Nevertheless, the Act is interesting for us to read. As is obvious from the document, expressions of religious freedom were very carefully circumscribed in those turbulent times.
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 endeavored to be settled, be it therefore ordered and enacted, by the Right Honorable Cecil-ius, Lord Baron of Baltimore, Absolute Lord and Proprietary of this province, with the advice and consent of this General Assembly, that whatsoever Person or persons within this province and the islands thereunto belonging shall henceforth blaspheme God, that is, curse Him, or deny our Savior Jesus Christ to be the Son of God, or shall deny the Holy Trinity-the Father, Son, and Holy Ghost-or the Godhead or any of the said three Persons of the Trinity or the unity of the Godhead, or shall use or utter any reproachful 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 heirs.
And be it also enacted. . . that whatsoever person or persons shall from henceforth use or utter any reproachful words or speeches concerning the Blessed Virgin Mary, the Mother of Our Savior, or the holy apostles or evangelists or any of them, shall in such case for the first offense forfeit to the said Lord Proprietary and his heirs, Lords, and Proprietaries of this province the sum of 5 pounds sterling or the value thereof to be levied on the goods and chattels of every such person so offending. . . .
And be it also further enacted, by the same authority, advice, and assent, that whatsoever person or persons shall from henceforth upon any occasion of offense or otherwise in a reproachful manner or way declare, call, or denominate any person or persons whatsoever inhabiting, residing, trading, or commercing within this province or within any of the ports, harbors, creeks, or havens to the same belonging, a heretic, schismatic, idolator, Puritan, independent, Presbyterian, popish priest, Jesuit, Jesuited papist, Lutheran, Calvinist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or any other name or term in a reproachful manner relating to matter of religion, shall for every such offense forfeit and lose the sum of l0 s. . . .
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 profane the Sabbath or Lord's Day called Sunday, by frequent swearing, drunkenness, or by any uncivil or disorderly recreation, or by working on that day when absolute necessity does not require it, shall for every such first offense forfeit 2s. 6d., or the value thereof, . . .
And whereas the enforcing of the conscience in matters of religion has frequently fallen out to be of dangerous consequence in those commonwealths where it has been practised, and for the more quiet and peaceable government 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 advice and consent 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, harbors, creeks, or havens thereunto belonging, professing to believe in Jesus Christ, shall from henceforth be in any way 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 in any way compelled to the belief or exercise of any other religion against his or her consent, so as they be not unfaithful to the Lord Proprietary, or molest or conspire against the civil government established or to be established in this province under him or his heirs.
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, disturb, trouble, or molest any person 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 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 offense shall also forfeit 20s. in money or the value thereof, half thereof for the use of the Lord Proprietary, and his heirs, Lords, and Proprietaries of this province, and the other half for the use of the party so wronged or molested as aforesaid. . . .
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, town, or precinct where every particular offense in this present act contained shall happen at time to be committed and whereupon there is hereby a forfeiture, fine, or penalty imposed, shall from time to time distrain seize the goods and estate of every person so offending as aforesaid 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 aforesaid, restoring unto the party so offending the remainder or overplus of the said goods or estate after such satisfaction so made as aforesaid.
World History
