The Republican. [volume] (Oakland, Md.) 1877-current, 1928-04-05

| DUH anu I1Oly NlOoI, VI CilC NOullSe'o
of any of the said three persons of the
Trinity; or the Unity of the Godhead,
or shall use or utter and reproachful
speeches, words or language, concern
ing the Holy Trinity, or any of the
said three persons thereof, shall be
punished with death, and confiscation,
or forfeiture of all his or her lands
and goods to the Lord Proprietary
and his heirs"
That this liberation claim is being
repeadly made in Maryland on the
basis of the Act Concerning Religion
was aptly illustrated in 1926 by a
plank in the platform of political
party, which solemnly pledged the
party "to uphold the principles of the
liberation act of 1649." Thereupon
a ribald inquirer wanted to know,
should the party leaders win the cleo
ton and elect to live up to their plat
form, if they would proceed to recon-
mend death and confscation" for
Unitarians, Jews and all who did not
believe in the Trinity, etc.
While it may be said that this
measure records and advance over the
procedure of most of the governments
of the Old World, which at that time
sought to prescribe all forms of faith
save the one duly established by the
state, it is not a declaration calling
for the extravagant eulogies so often
heard on it's account. 1t is clear,
therefor, that if Maryland is to claim
preeminence in the establishment of
freedom of conscience, it must look
to some other basis.
Turning for light to the Maryland
charter, we find in that document only
this: That, under its provisions, Lord
Baltimore, Roman Catholic subject,
is granted by Charles I, an Anglican
monarch, absolute vice-regal jurlsdlc-
ton over all matters pertaining to re-
ligion, including the right to erect
churches and chapels and appoint
priests or ministers.
In the formal words of the instru-
ment there is no reference to freedom
of conscience or to the separation of
church and state. In fact, the words
of the charter appear to point to the
creation of an established church in
accordance with the Ecclesiastical
laws of our Kingdom of England"
The only evidence of liberation here
is outside of the instrument itself:
viz, the absolute confidence of Charles
l, the Protestant or Anglican King, in
the good intentions of his Roman
Catholic subject, whom he proceeded
to endow with greater privileges than
had been accorded any English sub
ject since the days of the border
palatinates.
Any detailed attempt to construe
the ecclesiastical phrases of the charter
is Improbable; in fact, most of the
polemic or pedantic discussion of its
Technology, to the equivalent of a
hundred tones, is scarcely worth the
paper upon which it is written, if we
admit few common-sense deductions
based upon what actually happened
rather than what was set forth in
formal documents where legalistic
language is so often the vehicle for
concealing rather than revealing
thought.
First of all, there is not scrap of
evidence in the records relating to the
Province, in the Calvert papers or in
the archives of Maryland, as far as
known, to show that single person
was punished or prosecuted for exer-
cising any form of faith, or the lack OF
it, until the passage of the "Act Con-
corning Religion" at which time ar
alien element got control. 1t was
after this element began to enter the
Province that the "Act Concerning
Religion" was passed, and this was
the first special legislative regulation
upon the subject.
During the following decade Of
Puritan control religious prescriptions
were the rule. This group overthrew
the Protestant Governor, William
Stone, who had earnestly sought tc
pursue the Calvert policies. When
however, Lord Baltimore and his as
sociates reassumed authority undel
Charles II, second Anglican monarch
there followed another period of re.
ligious freedom. Prosecutions OF
prosecutions were again abolished
Then James II, Roman Catholic, be-
gan the proceedings, completed by
the Protestants William and Mary, by
virtue of which the third Lord Balti.
more was disposed of his proprietor
ship. Subsequently the official union
Of church and state was accomplished
under the Anglican formula.
So far we have been dealing with
the outstanding fact that there is nc
evidence to show any persecution OIL
prosecution in Maryland during the
control of Lord Baltimore through his
appointed governors, who, while diff
fering as to their respective forms Of