They came, in colonies settled around Jamestown, with the
pilgrims at Plymouth Rock in the Massachusetts Bay, and they began what we would term the America of today. There would be treaties with the Indian nations and battles amongst warring tribes. There would be contests of wills between colonies funded and founded by British, Spanish, and French concerns. But this would be the century that began true settlement, for all its wonder and hardship and harbinger of a nation that would come.
April 21, 1649 - Maryland passes the Maryland Toleration Act, allowing freedom of religion.
It was rather odd that the Maryland Toleration Acts should even be needed. Maryland had been founded in 1634 under charter to Cecilius Calvert, 2nd Lord of Baltimore, as a Catholic colony with religious freedom and tolerance. So what had changed in the ensuing decade to force the Maryland politicians to codify an act to insure that the plan would stay on course?
As the colony grew, from 583 people in 1640 to 4,504 in 1650, it was populated by not only Catholics, but by Protestants, including some Puritans, who were gaining in political power. This had been the norm in the colonies as religious strife between Anglicans, Puritans, Catholics, and Quakers was rampant and often led to conflict. Such happened in Maryland in 1644. William Claiborne confiscated Kent Island and Puritan Richard Ingle seized St. Mary's, the capitol. The Plundering Time, aggravated by the English Civil War, held the colony in hostage for two years. Leonard Calvert, son of the Second Baron of Baltimore, Cecilius Calvert, who had been exiled, returned with soldiers who retook St. Mary's and restored order.
It did not take long for Leonard Calvert, first governor of the colony who had been sent by his father, to recognize the need for legislation to give freedom of religion to all. It was supported by Anglicans, as well as Catholics, and had the ulterior motive of making Maryland more attractive to additional settlers.
So the Maryland Toleration Act, or Act Concerning Religion, was discussed and passed. While its words may seem harsh at the beginning of the document, those including penalties for blasphemy against God, your neighbor's religion, and for honoring the Sabbath, they were never applied. The final sentences of the document guaranteed that the citizens would not be punished for being Catholic or Protestant. That was good, because in 1654 the Puritan faction took over the government. What was not good is that they nullified the act for seven years.
So while the Maryland Toleration Act is given some credit for becoming the first Act to provide religious tolerance in the colonies, which would eventually end up as an important tenant in the Constitution after the American Revolution, Maryland itself had a difficult time maintaining it. From 1692 until the Revolution, the Act was also not in force.
Maryland Toleration Act
Acts and Orders of Assembly assented vnto Enacted and made at a Generall Sessions of the said Assembly held at St Maries on the one and twentieth day of Aprill Anno Domini 1649 as followeth viz: an act concerning religion
fforasmuch as in a well governed and Xpian1 Common Weath2 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 Noble Cecilius Lord Baron of Baltemore absolute Lord and Proprietary of this Province with the advise and consent of this Generall Assembly. That whatsoever pson or psons within this Province and the Islands thereunto belonging 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 ffather sonne and holy Ghost, or the Godhead of any of the said Three psons of the Trinity or the Vnity of this Godhead, or shall use or utter any reproachfull Speeches, words or language concerning the said Holy Trinity, or any of the said three psons 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 pson or psons 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 sume of ffive pound Sterling or the value thereof to be Levyed on the goods and chattells of every such pson soe offending, but in case such Offender or Offenders, shall not then have such 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 ymprisoned during the pleasure of the Lord Proprietary or the Leivet3 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 haue goods and chattells within this Province sufficient for that purpose then to be publiquely and severly whipt and imprisoned as before is expressed. And that every pson or psons 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 pson or psons shall from henceforth vppon any occasion or otherwise in a reproachful manner or Way declare call or denominate any pson or psons whatsoever inhabiting residing traffiqueing trading or comerceing within this Province or within any the Ports, Harbors, Creeks or Havens to the same belonging to an heritick, Scismatick, Idolator, Puritan, Independent, Prespiterian popish prest, Jesuite, Jesuited Papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Sepatist, or any other name or terme in a reproachfull manner relating to matter of Religion shall for every such Offence forfeit and loose the some 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 vttered, and the other half thereof to the Lord Proprietary and his heires Lords and Proprietries of this Province, But if such pson or psons who shall at any time vtter or speake any such reproachful 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 satisfied, that then the pson or psons soe offending shalbe publickly whipt, and shall suffer imprisonmt without baile or maineprise vntill hee shee or they respectively shall satisfy the party soe offended or grieved by such reproachfull Language by asking him or her respectively forgivenes publiquely for such his Offence before the Magistrate or chiefe 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 4 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 as 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 chattels 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 chiefe Commander Judge or Magistrate, or that County Towne or precinct where such offence shalbe committed acknowledge the Scandall and offence he hath in that respect given against God and the good and civill Govern[m]ent 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 government of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof. Be it Therefore also by the Lo: Proprietary with the advise and consent of this Assembly Ordeyned & enacted (except as in this psent Act is before Declared and sett forth) that noe person or psons 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 not in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beliefe 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 Govern[m]ent established or to bee established in this Province vnder him or his heires. And that all & every pson and psons 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 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 pson or psons 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 vse of the Lo: Proprietary, and his heires Lords and Propietaries of this Province, and the other half for the vse of the party soe wronged or molested as aforesaid, Or if the ptie soe offending as aforesaid shall refuse or bee vnable to recompense the party soe wronged, or to satisfy such ffyne or forfeiture, then such Offender shalbe severely punished by publick whipping & imprisonmt during the pleasure of the Lord Proprietary, or his Leivetenant 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 & authorized for that purpose, of the County Towne or precinct where every particular offence in this psent Act conteyned shall happen at any time to bee committed and wherevppon there is hereby a fforfeiture ffyne or penalty imposed shall from time to time distraine and seise the goods and estate of every such pson soe offending as aforesaid against this psent Act or any part thereof, and sell the same or any part thereof for the full satisfaccion of such forfeiture, ffine, or penalty as aforesaid, Restoring vnto the ptie soe offending the Remainder or overplus of the said goods or estate after such satisfaccion soe made as aforesaid
The freemen haue assented. Tho: Hatton
Enacted by Governor Wllm Stone
Who Were William Claiborne and Richard Ingle
William Claiborne was part of one of the first families of Virginia, an Anglican with Puritan sympathies, and a man whose trading post on Kent Island in Chesapeake Bay was eventually transferred to the colony of Maryland, and thus the Catholic Calverts, whom he hated. So he waged battles against them, likely as much against their religion as the desire to take back his land.
Both men sided with the Puritan's when the English Civil War raged, but Richard Ingle, a seaman and sometimes pirate, really hated Royalist Leonard Calvert for seizing his ship. So he returned to St. Mary's City, the capitol of Maryland at the time, with a new ship, the Reformation. He attacked, forcing Calvert to flee to Virginia, and took over the government. It was a lawless time, "the Plundering Time," in which Ingle's men looted Catholic homes.
Source: Image above: Rural Maryland Catholic Church, Sacred Heart Church at Whitemarsh, unknown date, Historic American Buildings Survey. Courtesy Library of Congress. Image below: Montage - Portrait of Caecilius Calvert, 2nd Baron Baltimore (left), 1670, Girard Soest. Courtesy Maryland State House via Wikipedia Commons. (center) Engraving titled "Religious & civil liberty established in Maryland in 1649," 1793, James Barry. Courtesy Library of Congress. (right) Portrait of Queen Henrietta Maria of England, whom colony was named after, unknown date or author. Courtesy Wikipedia Commons. Info source: https://oll.libertyfund.org/; Browne, Archives of Maryland: Vol. i, 244–47; Free Speech Center at Middle Tennessee State University; Wikipedia.
History Photo Bomb
Harvard House, 1899, Detroit Publishing Company. Courtesy Library of Congress.
Painting of Oliver Cromwell, 1656, After Samuel Cooper. Courtesy National Gallery via Wikipedia Commons.
ABH Travel Tip
You can visit much of the Pre-Revolution history of the United States throughout the many trails and historic sites of the nation. And don't miss out on the Native American history throughout Florida or other regions. The history of the nation and North America comes from the culture of the many tribes that made up the mosaic of human culture in each state. They were here before the majority of us, after all, and their history is an amazing collection of wonder, beauty, and dedication to the land that sits beneath us.
Montage of old New Sweden home (left), Nothnagle Log House in New Jersey, built 1638, 2010. Courtesy Wikipedia Commons; and drawing of New Amsterdam, Painting of Oliver Cromwell, 1656, After Samuel Cooper. Courtesy National Gallery via Wikipedia Commons.
