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 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 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 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 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 beleive
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
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 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.
