Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/135

 CH. IX.] toleration and equality among Christian sects, (for he does not appear to have gone farther;) and have thus given the earliest example of a legislator inviting his subjects to the free indulgence of religious opinion. This was anterior to the settlement of Rhode Island; and therefore merits the enviable rank of being the first recognition among the colonists of the glorious and indefeasible rights of conscience. Rhode Island seems without any apparent consciousness of co-operation to have gone farther, and to have protected an universal freedom of religious opinion in Jew and Gentile, in Christian and Pagan, without any distinction, to be found in its legislation.

§ 107. The first legislative assembly of Maryland, held by the freemen at large, was in 1634—1635; but little of their proceedings is known. No acts appear to have been adopted until 1638—1639, when provision was made in consequence of an increase of the colonists for a representative assembly, called the House of Assembly, chosen by the freemen; and the laws passed by the assembly, and approved by the proprietary or his lieutanent, were to be of full force. The assembly was afterwards divided into an upper and lower house. At the same session, an act, which may be considered as in some sort a Magna Charta, was passed, declaring among other things, that "Holy church within this province shall have all her rights and prerogatives;" "that the inhabitants shall have all their rights and liberties according to the great charter of England;" and that the goods of debtors, if not sufficient to pay their debts, shall be sold and distributed pro rata, saving debts to