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CONSTITUTION
Maryland
1776
Maryland's
Constitution, passed in 1776, declared it "the duty
of every man to worship God" but limited its guarantee
of "equal protection [of] religious liberty to all "professing
the Christian religion." It voided property transfers
to ministers or churches without legislative approval;
forbade religious tests for public office; and exempted
"Quakers," "Dunkers," and "Menonists" from taking religious
oaths.
RJ&L
Religious Institutions Group
A
DECLARATION OF RIGHTS, and the CONSTITUTION and Form
of Government,
agreed
to by the Delegates of Maryland, in free and full Convention
assembled.
A
DECLARATION OF RIGHTS, &c.
THE
parliament of Great Britain, by a declaratory act, having
assumed a right to make laws to bind the Colonies in all
cases whatsoever, and, in pursuant of such claim, endeavored,
by force of arms, to subjugate the United Colonies to an
unconditional submission to their will and power, and having
at length constrained them to declare themselves independent
States, and to assume government under the authority of
the people;--Therefore we, the Delegates of Maryland, in
free and full Convention assembled, taking into our most
serious consideration the best means of establishing a good
Constitution in this State, for the sure foundation and
more permanent security thereof, declare,
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XXXIII.
That, as it is the duty of every man to worship God in such
manner as he thinks most acceptable to him; all persons,
professing the Christian religion, are equally entitled
to protection in their religious liberty; wherefore no person
ought by any law to be molested in his person or estate
on account of his religious persuasion or profession, or
for his religious practice; unless, under colour of religion,
any man shall disturb the good order, peace or safety of
the State, or shall infringe the laws of morality, or injure
others, in their natural, civil, or religious rights; nor
ought any person to be compelled to frequent or maintain,
or contribute, unless on contract, to maintain any particular
place of worship, or any particular ministry; yet the Legislature
may, in their discretion, lay a general and equal tax, for
the support of the Christian religion; leaving to each individual
the power of appointing the payment over the money, collected
from him, to the support of any particular place of worship
or minister, or for the benefit of the poor of his own denomination,
or the poor in general of any particular county: but the
churches chapels, glebes, and all other property now belonging
to the church of England, ought to remain to the church
of England forever. And all acts of Assembly, lately passed,
for collecting monies for building or repairing particular
churches or chapels of ease, shall continue in force, and
be executed, unless the Legislature shall, by act, supersede
or repeal the same: but no county court shall assess any
quantity of tobacco, or sum of money, hereafter, on the
application of any vestry-men or church-wardens; and every
encumbent of the church of England, who hath remained in
his parish, and performed his duty, shall be entitled to
receive the provision and support established by the act,
entitled "An act for the support of the clergy of the church
of England, in this Province," till the November court of
this present year, to be held for the county in which his
parish shall lie, or party lie, or for such time as he hath
remained in his parish, and performed his duty.
XXXIV.
That every gift, sale, or devise of lands, to any minister,
public teacher, or preacher of the gospel, as such, or to
any religious sect, order or denomination, or to or for
the support, use or benefit of, or in trust for, any minister,
public teacher, or preacher of the gospel, as such, or any
religious sect order or denomination--and every gift or
sale of goods, or chattels, to go in succession, or to take
place after the death of the seller or donor, or to or for
such support, use or benefit--and also every devise of goods
or chattels to or for the support, use or benefit of any
minister, public teacher, or preacher of the gospel, as
such, or any religious sect, order, or denomination, without
the leave of the Legislature, shall be void; except always
any sale, gift, lease or devise of any quantity of land,
not exceeding two acres, for a church, meeting, or other
house of worship, and for a burying-ground, which shall
be improved, enjoyed or used only for such purpose--or such
sale, gift, lease, or devise, shall be void.
XXXV.
That no other test or qualification ought to be required,
on admission to any office of trust or profit, than such
oath of support and fidelity to this State, and such oath
of office, as shall be directed by this Convention, or the
Legislature of this State, and a declaration of a belief
in the Christian religion.
XXXVI.
That the manner of administering an oath to any person,
ought to be such, as those of the religious persuasion,
profession, or denomination, of which such person is one,
generally esteem the most effectual confirmation, by the
attestation of the Divine Being. And that the people called
Quakers, those called Dunkers, and those called Menonists,
holding it unlawful to take an oath on any occasion, ought
to be allowed to make their solemn affirmation, in the manner
that Quakers have been heretofore allowed to affirm; and
to be of the same avail as an oath, in all such cases, as
the affirmation of Quakers hath been allowed and accepted
within this State, instead of an oath. And further, on such
affirmation, warrants to search for stolen goods, or for
the apprehension or commitment of offenders, ought to be
granted, or security for the peace awarded, and Quakers,
Dunkers or Menonists ought also, on their solemn affirmation
as aforesaid, to be admitted as witnesses, in all criminal
cases not capital.
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This
Declaration of Rights was assented to, and passed, in Convention
of the Delegates of the freemen of Maryland, begun and held
at Annapolis, the 14th day of August, A.D. 1776
By
order of the Convention.
MAT.
TILGHMAN, President.
Source:
the federal and state constitutions, colonial charters,
and other organic laws of the united states 817-20 (Ben:
Perley Poore, 1878).
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