"An Act Concerning Religion"
A later (18th C.?) printed broadside of the Maryland Toleration Act.
"An Act Concerning Religion." That was the original title of what is colloquially known as the "Maryland Toleration Act of 1649," the same year in which King Charles I (known by many Anglicans of an Anglo-Catholic and Royalist bent as King Charles the Martyr, or simply The Royal Martyr) was shamefully executed in an act of regicide by the so-called "Rump Parliament," under the despicable Oliver Cromwell.
An attempt (only partly successful) to assure protection for Catholics in the proprietary Colony of Maryland in the wake of this act of regicide and England's subsequent interregnum under the Puritan Parliament, later Protectorate, the Act – passed by the General Assembly of the Maryland Colony – sought to provide equal protection under law for all Trinitarian Christians, and at the same time, provide legal protection for Trinitarian Christianity (*) itself.
As such, it might, in retrospect, have been a better model (with some adjustments, discussed below) for our national view on the subject than the relevant clause of the First Amendment, which has since been stretched beyond all intention of the Founders, through what I cannot help but see as a perverse and willful misconstrual of Jefferson's "wall of separation" comment. That appeared in a letter to the Danbury, Connecticut, Baptists, and was originally intended to assure religious people of their protection from the government, not the other way 'round.
The full text of the Maryland Toleration Act, in the original (rather archaic) form of English in which it was originally written, appears below. Its most salient section is reproduced here, in slightly updated language:
"That whatsoever person or persons within this Province and the Islands thereunto belonging 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 [to be] the Father, the Son and Holy Ghost, or [who shall deny] the Godhead of 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 [yes, it really does say that!] and confiscation or forfeiture of all his or her lands and goods to the Lord Proprietary and his heirs."
In other words, anyone who publicly blasphemes or denies either the Doctrine of the Holy Trinity (*) or any portion thereof is to suffer both the death penalty, himself, and the seizure of his property and assets! There is also a clause prohibiting, basically, "talking smack" about a) the beliefs and practices of any particular branch of Christianity, or b) insulting practitioners of any form of Christianity not one's own.
In other words, to put it in relatively simple and modern terms, you will not publicly denigrate Christianity, Christians, or Christian doctrine, and you will – at least publicly – be nice to other Christians. It is, frankly, hard for me to argue with either of those.
[The Act also includes a section prohibiting the profanation of the Christian Sabbath (Sunday, a.k.a. the Lord's Day) "by frequent swearing, drunkenness or by any uncivil or disorderly recreation, or by working on that day when absolute necessity doth not require it." I am old enough to remember the days of the "Blue Laws," as they were called, when most places of business were closed on Sundays and other restrictions on secular activities (including sales of alcohol) were in place; and although at the time, I found it frustrating, as I have gotten older – and hopefully, more mature – I have come to realize the wisdom, both spiritually and practically, of keeping the Sabbath as a day of rest.]
Now, mind you, I am not suggesting the death penalty for anyone who fails to hold to or publicly confess the Trinitarian Christian faith! Not at all. In particular, what people believe in private is precisely that: private, and it is not the business of government to be snooping behind closed doors.
But under this system, you are not allowed to publicly assert that Christianity is a crock of bull, whatever your private opinions may be, and you must accept the basically Christian character of the society of which you are a member, if you wish to remain a member of that society. That seems entirely reasonable to me.
As Hungarian PM Viktor Orbán has recently put it,
"Christian democracy is not about defending religious articles of faith... Neither states nor governments have competence on questions of damnation or salvation. Christian democratic politics means that the ways of life springing from Christian culture must be protected. Our duty is not to defend the articles of faith, but the forms of being that have grown from them. These include human dignity, the family and the nation... Other forms which must be protected and strengthened include our faith communities. This – and not the protection of religious articles of faith – is the duty of Christian democracy."
This strikes the right balance, it seems to me.
In contrast, our present system is so broadly construed that it allows free reign to all sorts of problematic belief systems, from murderous ideologies like Islam – which has no problem calling for death to those who blaspheme against their Prophet or his version of God, as well as the subjugation of women, female genital mutilation, marriage and conjugal rape of preteen girls, dhimmitude or death to infidels, slavery (sexual in the case of women) to pretty much any non-Muslim, and violent attacks on unbelievers (with a half-hearted nod to "people of the Book," e.g., Christians and Jews, who must nonetheless still pay a tax, read: protection money) – to flat-out Satanism.
It also allows free reign to militant secularism / atheism, which for a variety of reasons can be just as dangerous to society. Our Founders knew this, if we ourselves have forgotten it. I think of the words of John Adams,
"We have no Government armed with Power capable of contending with human Passions unbridled by morality and Religion. Avarice, Ambition, Revenge or Galantry [which in this context, in the 18th century, refers to flattery, deceit, and dissimulation], would break the strongest Cords of our Constitution as a Whale goes through a Net. Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other."
and of George Washington,
"Of all the dispositions and habits which lead to political prosperity, Religion and morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labour to subvert these great Pillars of human happiness, these firmest props of the duties of Men and citizens...
"And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that National morality can prevail in exclusion of religious principle."
And of course, the religion of which he was speaking was none other than the Judeo-Christian tradition. Washington was resolutely non-sectarian in his religious sentiments, at least those we have recorded; but he was also a man of deep faith, and he was by no means alone in that. Indeed, most of the Founders were devout Christians, although a few (most famously Thomas Jefferson) were Deists.
Indeed, until quite recently, it was a commonplace, widely understood and accepted even by non-Christians, that the United States was fundamentally a Christian nation. I would have no objection whatsoever to returning to that standard – with clauses to protect the consciences of those who hold other professions in private (or even, within limits, public, so long as they're not in-your-face about it, or abusive toward Christianity or Christians in the process), but also with the potential for fines or other appropriate penalties for those who do directly attack Christians, Christianity or the Christian heritage of this nation.
This is unlikely to occur, of course, as things are now. But will things remain as they are now, indefinitely? That is unlikely. History militates against it; so do current events. There is a great deal of unrest stirring, for better or worse; what the future may hold cannot be clearly seen. But perhaps, among whatever successor states eventually emerge from the rubble of what looks increasingly like the coming civil war – little though I wish to see such an outcome! – perhaps one, at least, will see the value in maintaining such a standard. Such, at least, is my hope!
P.S. Perhaps the above statement was unduly pessimistic. People and even cultures can change. Europe has been devolving in a more secular (and, perhaps not incidentally, more totalitarian) direction with each passing decade; but now, under the impetus of Hungary, to a lesser but still significant extent the other Visegrád nations, maybe Austria – and surprisingly, Denmark! – the tide may be beginning to turn.
Will it turn far enough, fast enough? That is not certain, yet; it is late, though perhaps it may not be too late. Time will tell! But the trend is certainly encouraging. And perhaps the tide will yet turn here in the U.S., too. One must remember: “With men this is impossible, but with God all things are possible” (Matthew 19:26)!
(*) That is to say, those Christian Churches, communions, and jurisdictions who understand God – as orthodox Christianity has understood Him since Nicene times – as being a Trinity of Persons (Father, Son, and Holy Spirit) in unity of Substance, that is, one God in three Persons.
An Act Concerning Religion.
Forasmuch as in a well governed and Christian Common Wealth 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 Cæcilius 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.
The freemen have assented.