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Bacon's Laws of Maryland
Volume 75, Page 344   View pdf image (33K)
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CHARLES CALVERT, Esq; Governor.
1723.
the Omission shall happen, and the other half to the Informer; to be recovered
by Action of Debt, Bill, Plaint or Information, wherein no Essoin,
Protection or Wager of Law shall be allowed.
                                Examined and Compared with the Original Act, REVERDY GHISELIN,
                                                                                                                        THOMAS BACON.
CHAP.
    XV.
CHAP. XVI.
An ACT to punish Blasphemers, Swearers, Drunkards, and Sabbath-Breakers;
    and for repealing the Laws heretofore made for
    the Punishing such Offenders.  Lib. LL. N° 4. fol. 598.
Passed 26th
October 1723.
BE it Enacted, by the Right Honourable the Lord Proprietor, by and with
the Advice and Consent of his Lordship's Governor, and the Upper and
Lower Houses of Assembly, and the Authority of the same, That if any
Person shall hereafter, within this Province, wittingly, maliciously, and advisedly,
by Writing or Speaking, Blaspheme or Curse GOD, or deny our Saviour
JESUS CHRIST to be the Son of GOD, or shall deny the Holy Trinity,
the Father, Son and Holy Ghost, or the Godhead of any of the Three Persons,
or the Unity of the Godhead, or shall utter any profane Words concerning
the Holy Trinity, or any the persons thereof, and shall be thereof
convict by Verdict, or Confession, shall, for the first Offence be bored through
the Tongue, and fined Twenty Pounds Sterling to the Lord Proprietor, to
be applied to the Use of the County where the Offence shall be committed,
to be levied on the Offender's Body , Goods and Chattels, Lands or Tenements;
and in case the said Fine cannot be levied, the Offender to suffer Six
Months Imprisonment without Bail or Mainprize; and that for the second
Offence, the Offender being thereof convict as aforesaid, shall be stigmatized by
Burning in the Forehead with the Letter B, and fined Forty Pounds Sterling
to the Lord Proprietor, to be applied and levied as aforesaid; and in case the
same cannot be levied, the Offender shall suffer Twelve Months Imprisonment
without Bail or Mainprize; and that for the Third Offence, the Offender
being convict as aforesaid, shall suffer Death without the Benefit of the Clergy.

    II.  And be it Enacted, That every Person that shall hereafter profanely
swear or Curse, in the Presence and Hearing of any Magistrate, Minister,
the Commissary-General, Secretary, Sheriff, Coroner, Provincial or
County Clerk, Vestry-man, Church-warden, or Constable, or be convicted
thereof, before any magistrate, by the Oath of one lawful Witness, or Confession
of the Party, shall, for the first Oath or Curse, be fined Two Shillings
and Six-pence Current Money; and for every Oath or Curse after the first,
Five Shillings like Money, to be applied to the Uses aforesaid.

    III.  And be it Enacted, That every Person that shall be Drunk; in the Presence
of any of the Persons aforesaid, or shall be thereof convict in Manner
aforesaid, before any Magistrate, shall be fined for every Offence Five Shillings
Current Money, to be applied as aforesaid.

    IV.  And be it Enacted That where the said Fines shall not be immediately
paid on Conviction, that it shall and may be lawful for the Magistrates,
or other Officers aforesaid, and they are hereby required, to order the Offender
(not being a Freeholder, or other reputable Person) to be Whipped, or put
in the Stocks; and for that Purpose to appoint any person, (not having a lawful
Exemption) as a Constable, on such Occasion, to punish such Offender:
And that any such Person to be so appointed, that shall refuse to obey such
Magistrate, or other Officer, shall forfeit Ten Shillings Current Money, to
be applied as aforesaid; for which Fine, the Magistrate, or other Officer,
shall and may give Judgment, and award Execution against such Offender;
and that where the Offenders shall be Freeholders, or other reputable Persons,
 


 
 

Blasphemers,
 
 
 
 

for the first
Offence to be
bored thro'
the Tongue,
and fined 20 l.
Sterling, &c.

2d Offence to
be stigmatized,
and fined
40 l. Sterling.

3d Offence,
Death, without
Benefit of
Clergy.

Profane
Swearers to
be fined.

2 s. 6 d. for
the first Oath
or Curse, and
5 s. for every
Oath, &c.
after the first.
 

Drunkards to
be fined 5 s.
for every Offence.
 
 

How Swearers 
and
Drunkards
(unable to
pay their
Fines) may be
punished.

S s 2


 
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Bacon's Laws of Maryland
Volume 75, Page 344   View pdf image (33K)
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