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Maryland Toleration Act
The Maryland Toleration Act (formally, An Act Concerning Religion) was a 1649 law enacted by the colonial assembly of Maryland granting freedom of worship to all Trinitarian Christians. It is widely regarded as one of the earliest legislative guarantees of religious tolerance in colonial North America. Some scholars describe it as a landmark in the history of religious liberty; others argue its protections were narrow and its legacy limited by its brief enforcement and explicit exclusion of non-Christians; still others contend its motivations were primarily political rather than principled.
Current State of Knowledge
The act was passed on 21 April 1649 (O.S.) by the Maryland General Assembly under the proprietorship of Cecil Calvert, 2nd Baron Baltimore, a Catholic nobleman who had founded the colony in part as a refuge for English Catholics. The law mandated toleration for all who professed belief in the Trinity, prescribing fines or corporal punishment for those who disturbed the religious practice of others or applied sectarian epithets. It simultaneously imposed the death penalty for denying the Trinity or the divinity of Jesus Christ, explicitly excluding Jews, Unitarians, and atheists from its protections.
The act was suspended following the Protestant Revolution in Maryland in 1689, when the colony came under royal governance and the Church of England was established as the official church. Its enforcement was therefore intermittent and its practical reach contested. Scholars debate the degree to which the act reflected genuine commitment to toleration versus tactical political management of a religiously mixed population. For fuller historical background, see maryland-toleration-act-history.
Viewpoints
- Progressive milestone viewpoint: The act is interpreted as a meaningful early step toward institutionalized religious liberty in the Anglo-American tradition, anticipating later developments in the First Amendment. See maryland-toleration-act-progressive-milestone-viewpoint.
- Narrow and exclusionary viewpoint: Critics argue the act's explicit capital penalties for non-Trinitarians and its revocation within four decades disqualify it as a meaningful precursor to religious freedom. See maryland-toleration-act-narrow-exclusionary-viewpoint.
- Political expediency viewpoint: Some historians emphasize that the act was designed to protect the Catholic minority in a colony with a growing Protestant majority, making toleration a pragmatic rather than principled policy. See maryland-toleration-act-political-expediency-viewpoint.
Controversies
- Scope and sincerity of toleration: Historians dispute whether the act represents principled religious tolerance or a defensive measure by a Catholic proprietorship facing Protestant demographic pressure. See maryland-toleration-act-scope-sincerity-controversy.
- Relationship to American religious liberty: The act's role, if any, as a forerunner to First Amendment protections is contested among constitutional historians. See maryland-toleration-act-religious-liberty-precedent-controversy.
Related Pages
- maryland-toleration-act-history - maryland-toleration-act-progressive-milestone-viewpoint - maryland-toleration-act-narrow-exclusionary-viewpoint - maryland-toleration-act-political-expediency-viewpoint - maryland-toleration-act-scope-sincerity-controversy - maryland-toleration-act-religious-liberty-precedent-controversy - Maryland Colony - United States of America - 17th Century History - First Amendment - colonial-american-religious-history
Footnotes
1. “An Act Concerning Religion” (1649), in Archives of Maryland, vol. 1, ed. William Hand Browne (Baltimore: Maryland Historical Society, 1883), 244-247. 2. John Tracy Ellis, Catholics in Colonial America (Baltimore: Helicon Press, 1965), 311-320. 3. David S. Lovejoy, The Glorious Revolution in America (New York: Harper & Row, 1972), 248-255. 4. Thomas O'Brien Hanley, S.J., “The Impact of the Act Concerning Religion on Maryland's Early History,” Maryland Historical Magazine 72, no. 1 (1977): 74-89. 5. John D. Krugler, English and Catholic: The Lords Baltimore in the Seventeenth Century (Baltimore: Johns Hopkins University Press, 2004), 178-195. 6. Chris Beneke and Christopher S. Grenda, eds., The First Prejudice: Religious Tolerance and Intolerance in Early America (Philadelphia: University of Pennsylvania Press, 2011), 47-53.
