The Maryland Toleration Act, also known as the Act Concerning Religion, was the first law in North America requiring

religious tolerance Religious tolerance or religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, ...

for

Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...

. It was passed on April 21, 1649, by the assembly of the Maryland colony, in St. Mary's City in St. Mary's County, Maryland. It created one of the pioneer statutes passed by the legislative body of an organized colonial government to guarantee any degree of religious liberty. Specifically, the bill, now usually referred to as the Toleration Act, granted freedom of conscience to all Christians. (The colony which became Rhode Island passed a series of laws, the first in 1636, which prohibited religious persecution including against non-Trinitarians;

Rhode Island Rhode Island ( ) is a state in the New England region of the Northeastern United States. It borders Connecticut to its west; Massachusetts to its north and east; and the Atlantic Ocean to its south via Rhode Island Sound and Block Is ...

was also the first government to separate church and state.) Historians argue that it helped inspire later legal protections for freedom of religion in the United States. The Calvert family, who founded

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

partly as a refuge for English

Catholics The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...

, sought enactment of the law to protect Catholic settlers and those of other religions that did not conform to the dominant

Anglicanism Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...

of Britain and her colonies. The Act allowed

freedom of worship Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" i ...

for all

Trinitarian The Trinity (, from 'threefold') is the Christian doctrine concerning the nature of God, which defines one God existing in three, , consubstantial divine persons: God the Father, God the Son (Jesus Christ) and God the Holy Spirit, three ...

, but sentenced to death anyone who denied the divinity of

Jesus Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...

. It was revoked in 1654 by

William Claiborne William Claiborne (also spelled "Clayborne", – ) was an English surveyor and early settler in the colonies/provinces of Virginia and Maryland and around the Chesapeake Bay. Claiborne became a wealthy merchant and planter, as well as ...

, a Virginian who had been appointed as a commissioner by

Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...

; he was an Anglican, a Puritan sympathizer, and strongly hostile to the Catholic Religion. When the Calverts regained control of Maryland, the Act was reinstated, before being repealed permanently in 1692 following the events of the

Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...

, and the Protestant Revolution in Maryland. As the first law on religious tolerance in British North America, it influenced related laws in other colonies and portions of it were echoed in the writing of the

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...

, which enshrined religious freedom in American law.

Cecil Calvert

The

Province of Maryland The Province of Maryland was an Kingdom of England, English and later British colonization of the Americas, British colony in North America from 1634 until 1776, when the province was one of the Thirteen Colonies that joined in supporting the A ...

was founded by

Cecil Calvert, 2nd Baron Baltimore Cecil Calvert, 2nd Baron Baltimore (8 August 1605 – 30 November 1675) was an English politician and lawyer who was the first List of Proprietors of Maryland, proprietor of Maryland. Born in Kent, England in 1605, he inherited the proprietorsh ...

in 1634. Like his father

George Calvert, 1st Baron Baltimore George Calvert, 1st Baron Baltimore (; 1580 – 15 April 1632) was an English politician. He achieved domestic political success as a member of parliament and later Secretary of State under King James I. He lost much of his political power a ...

, who had originated the efforts that led to the colony's charter, he was Catholic at a time when the

Kingdom of England The Kingdom of England was a sovereign state on the island of Great Britain from the late 9th century, when it was unified from various Heptarchy, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, Scotland to f ...

was dominated by the

Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...

. The Calverts intended the colony to function both as a haven for English Catholics fleeing

religious persecution Religious persecution is the systematic oppression of an individual or a group of individuals as a response to their religion, religious beliefs or affiliations or their irreligion, lack thereof. The tendency of societies or groups within socie ...

and as a source of income for themselves and their descendants.Holmes, pp 20–22 Many of Maryland's first settlers were Catholic, including at least two Catholic priests, one of whom became the earliest chronicler of the colony's history. But whatever Calvert's intentions, Maryland was a colony of an Anglican nation. Its charter had been granted by an

Anglican Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...

king and seems to have assumed that the Church of England would be its official church. Eventually, Anglican and

Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to rid the Church of England of what they considered to be Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should b ...

newcomers quickly came to outnumber the early Catholic settlers. Thus, by 1649 when the law was passed, the colonial assembly was dominated by Protestants, and the law was in effect an act of Protestant tolerance for Catholics, rather than the reverse. From Maryland's earliest days, Cecil Calvert had enjoined its colonists to leave religious rivalries behind. Along with giving instructions on the establishment and defense of the colony, he asked the men he appointed to lead it to ensure peace between Protestants and Catholics. He also asked the Catholics to practice their faith as privately as possible, so as not to disturb that peace. The Ordinance of 1639, Maryland's earliest comprehensive law, expressed a general commitment to the rights of man, but did not specifically detail protections for religious minorities of any kind. Peace prevailed until the

English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...

, which opened religious rifts and threatened Calvert's control of Maryland. In 1647, after the death of Governor

Leonard Calvert Leonard Calvert ( – ) was the first Lord proprietor, proprietary governor of the Province of Maryland. He was the second son of George Calvert, 1st Baron Baltimore, The 1st Baron Baltimore (1579–1632), the first proprietor of Maryland. His e ...

, Protestants seized control of the colony. Cecil Calvert, 2nd Baron Baltimore, quickly regained power, but recognized that religious tolerance not specifically enshrined in law was vulnerable. This recognition was combined with the arrival of a group of

s whom Calvert had induced to establish Providence, now

Annapolis Annapolis ( ) is the capital of the U.S. state of Maryland. It is the county seat of Anne Arundel County and its only incorporated city. Situated on the Chesapeake Bay at the mouth of the Severn River, south of Baltimore and about east o ...

, by guaranteeing their freedom of worship.Brugger, p 20 Partially to confirm the promises he made to them, Calvert wrote the Maryland Toleration Act and encouraged the colonial assembly to pass it. They did so on April 21, 1649.Finkelman, p 675

Description

The Maryland Toleration Act was an act of tolerance, allowing specific religious groups to practice their religion without being punished, but retaining the ability to revoke that right at any time. It also granted tolerance to only Christians who believed in the

Trinity The Trinity (, from 'threefold') is the Christian doctrine concerning the nature of God, which defines one God existing in three, , consubstantial divine persons: God the Father, God the Son (Jesus Christ) and God the Holy Spirit, thr ...

. The law was very explicit in limiting its effects to Christians: Settlers who blasphemed by denying the Trinity or the divinity of

Jesus Christ Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...

could be punished by execution or the seizure of their lands. That meant that

Jew Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly inte ...

s, Unitarians, and other dissenters from Trinitarian Christianity who practiced their religions risked their lives. Any person who insulted the

Virgin Mary Mary was a first-century Jewish woman of Nazareth, the wife of Saint Joseph, Joseph and the mother of Jesus. She is an important figure of Christianity, venerated under titles of Mary, mother of Jesus, various titles such as Perpetual virginity ...

, the apostles, or the evangelists could be whipped, jailed, or fined. Otherwise, Trinitarian Christians' right to worship was protected. The law outlawed the use of "heretic" and other religious insults against them. The law was used in at least one attempt to prosecute a non-Christian. In 1658, a Jew named Jacob Lumbrozo was accused of blasphemy after saying that Jesus was not the son of God and that the miracles described in the

New Testament The New Testament (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus in Christianity, Jesus, as well as events relating to Christianity in the 1st century, first-century Christianit ...

were conjuring tricks. Lumbrozo did not deny having said such things but argued that he had only responded to questions asked of him.Underwood, pp 6–7 He was held for trial, but the case was later dismissed, and he was given full citizenship as a condition of the restoration of Calvert's rule following the English Civil War.Brugger, p 22 The law had its detractors, even among those groups protected by it. Puritans were concerned that the act and the proprietary government in general were royalist. They were also concerned that by swearing allegiance to Calvert, who was Catholic, they were being required to submit to the

Pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...

, whom they considered to be the Antichrist. Some Anglicans also opposed the law, believing that the Church of England should be the colony's sole established church.

Repeal and legacy

In 1654, five years after its passage, the Act was repealed. Two years earlier the colony had been seized by Protestants following the execution of King

Charles I of England Charles I (19 November 1600 – 30 January 1649) was King of Kingdom of England, England, Kingdom of Scotland, Scotland, and Kingdom of Ireland, Ireland from 27 March 1625 until Execution of Charles I, his execution in 1649. Charles was born ...

and the outbreak of the

. In the early stages of that conflict, the colonial assembly of Maryland and its neighbors in Virginia had publicly declared their support for the King. Parliament appointed Protestant commissioners loyal to their cause to subdue the colonies, and two of them, the Virginian

and Puritan leader Richard Bennett, took control of the colonial government in St. Mary's City in 1652. In addition to repealing the Maryland Toleration Act with the assistance of Protestant assemblymen, Claiborne and Bennett passed a new law barring Catholics from openly practicing their religion. Calvert regained control after making a deal with the colony's Protestants, and in 1657 the Act was again passed by the colonial assembly and remained in effect until 1692. Following the

of 1688 in England, when the Catholic King

James II of England James II and VII (14 October 1633 – 16 September 1701) was King of England and Monarchy of Ireland, Ireland as James II and King of Scotland as James VII from the death of his elder brother, Charles II of England, Charles II, on 6 February 1 ...

was deposed and the Protestant William III ascended the throne, a rebellion of Maryland Puritan Protestants overthrew Calvert's rule. They quickly rescinded the Toleration Act and banned public practice of Catholicism, and it would never be reinstated under colonial rule. In fact, the colony established the Church of England as its official church in 1702 and explicitly barred Catholics from voting in 1718. The Calvert family regained control over the colony in 1715, but only after Benedict Calvert converted to Protestantism. His political control remained tense enough that he did not risk an attempt to reinstate protections for Catholics.Hoffman, pp 79–80 It took until the era of the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

for religious tolerance or freedom to again become the practice in Maryland. While the law did not secure religious freedom, and while it included severe limitations, it was nonetheless a significant milestone. It predates the Enlightenment, which is generally considered to be when the idea of religious freedom took root, and stands as the first legal guarantee of religious tolerance in American and British history. Later laws ensuring religious tolerance and freedom, including the British Act of Toleration of 1689, the

Holy Experiment The "Holy Experiment" was an attempt by the Religious Society of Friends, also known as Quakers, to establish a community for themselves and other persecuted religious minorities in what would become the modern state of Pennsylvania. They hoped i ...

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

, and laws concerning religion in other colonies such as

South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...

, may have been influenced by its example. According to historian Robert Brugger, "...the measure marked a notable departure from Old World oppression." It was not until the passage of the signed

First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...

to the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

over a century later that religious freedom was enshrined as a fundamental guarantee, but even that document echoes the Toleration Act in its use of the phrase, "free exercise thereof". Thus, despite its lack of a full guarantee of religious freedom or broad-based tolerance, the law is "a significant step forward in the struggle for religious liberty."

Footnotes

References

* Brugger, Robert J. (1988). Maryland: A Middle Temperament. Baltimore, Maryland: Johns Hopkins University Press. . * Finkelman, Paul (2006). "Maryland Toleration Act"
The Encyclopedia of American Civil Liberties
New York: CRC Press. . * Hanley, Thomas O'Brien (1957)
"Church and State in the Maryland Ordinance of 1639"
Church History (New York: Cambridge University Press on behalf of the American Society of Church History) 26 (4): 325–341. Retrieved November 14, 2009. * Hoffman, Ronald (2000). Princes of Ireland, Planters of Maryland: A Carroll Saga, 1500–1782. Chapel Hill: University of North Carolina Press. . * Holmes, David Lynn (2006)
The Faiths of the Founding Fathers
New York: Oxford University Press US. . * Maclear, J.F. (1995)
Church and State in the Modern Age: A Documentary History
New York: Oxford University Press US. . * McConnell, Michael W. (1992)
"America's First "Hate Speech" Regulation"
Constitutional Commentary (Minneapolis: University of Minnesota School of Law) 9 (17): 17–23. Retrieved November 14, 2009.
"Maryland Toleration Act"
Yale University Avalon Project. 1649. Retrieved November 14, 2009. * Underwood, James L. and Burke, William Lewis (2006)
The Dawn of Religious Freedom in South Carolina
Columbia: University of South Carolina Press. .

External links