CHAPTER XIII.

THE ENGLISH IN MARYLAND, 1632-1691.

BY WILLIAM T. BRANTLY,

_Of the Maryland Historical Society._

MARYLAND was the first Proprietary colony established in America; and

its charter contained a more ample grant of power than was bestowed

upon any other English colony. To Maryland also belongs the honor

of having been the first government which proclaimed and practised

religious toleration. The charter was granted in 1632, by Charles I.,

to Cecilius, second Lord Baltimore. But the true founder of Maryland

was George Calvert, the first Lord Baltimore, a man of singular merit,

whose influence upon the fortunes of the colony was such that his

character and career belong to its history.

George Calvert was descended from a Flemish family which had long been

settled in Yorkshire, where he was born in the year 1582. Graduating

Bachelor of Arts at Oxford, he travelled on the Continent, and then

entered public life under the patronage of Sir Robert Cecil. Calvert

filled various offices until Cecil became Lord High Treasurer, when

he was appointed clerk of the Privy Council. He was knighted in 1617,

and, upon the disgrace of Sir Thomas Lake, in February, 1619, he was

appointed by James I. one of the two principal secretaries of state.

He was selected for this important post because there was work to be

done, and he had made himself valued in public life for his industry

and ability. It is true, indeed, that his theory of the Constitution

was similar to that held by the King. He had always been allied with

the Court as distinguished from the Country party, and was a stanch

supporter of the prerogatives of the Crown. In the Parliament of

1621 he was the leader of the Government forces, and the immediate

representative of the King in the House of Commons. When he came to

draw the charter of Maryland he framed such a government as the Court,

during this period, conceived that England ought to be.

Calvert was not altogether friendly to Spain.[866] It is a mistake to

suppose that his political fortunes were so bound up with the success

of the Spanish match, that, upon its final rupture in 1623, his

position became untenable. He did not resign his secretaryship until

February, 1625; and there is no sufficient reason for believing that he

did not then do so voluntarily.

[Illustration

See an account of this picture of the first Lord Baltimore, in the

Critical Essay.]

Fuller, the chief contemporary authority, says that “he freely

confessed to the King that he was then become a Roman Catholic, so

that he must be wanting in his trust or violate his conscience in

discharging his office.” It is certain that he had not forfeited

the favor of the King, nor incurred the enmity of the all-powerful

Buckingham. He was allowed to sell his secretaryship to his successor

for £6,000, and was retained in the Privy Council. A few weeks

after his withdrawal from office he was created Baron of Baltimore

in the Irish peerage; and in 1627 Buckingham summoned him to a

special conference with Charles I. upon foreign affairs. The date of

his conversion to the Church of Rome has been the subject of much

discussion, but there is no satisfactory evidence that it preceded, for

any length of time, the open profession of his new faith.

From early manhood Sir George Calvert had been interested in schemes

of colonization. He was a member of the Virginia Company until its

dissolution, and was, as secretary of state, one of the committee of

the Council for Plantation Affairs. While secretary he determined

to become himself the founder of a colony, and in 1620 he purchased

from Sir William Vaughan the southeastern peninsula of Newfoundland.

In the following year he sent a body of settlers to this region, and

expended a large amount of money in establishing them at Ferryland.

James I. granted him in 1623 a patent constituting him the Proprietary

of this portion of Newfoundland which was called Avalon,—a patent

which afterwards became the model of the charter of Maryland. The

fertility and advantages of Avalon had been described to Lord Baltimore

with the usual exaggeration of discoverers. He made a short visit to

it in the summer of 1627, and in the following year he went there,

accompanied by several members of his family, with the intention of

remaining permanently; but the severity and long duration of the winter

convinced him that the attempt to plant an agricultural colony on that

inhospitable shore was doomed to failure. In August, 1629, he wrote to

the King that he found himself obliged to abandon Avalon to fishermen,

and to seek for himself some warmer climate in the New World. He also

announced his determination to go with some forty persons to Virginia,

and expressed the hope that the King would grant him there a precinct

of land, with privileges similar to those he enjoyed in Newfoundland.

Charles I., in reply, advised him to desist from further attempts and

to return to England, where he would be sure to enjoy such respect as

his former services merited,—“well weighing,” added the King, “that

men of your condition and breeding are fitter for other employments

than the framing of new plantations which commonly have rugged and

laborious beginnings.”

Without waiting for an answer to his letter Lord Baltimore sailed for

Virginia, where he arrived in October, 1629. To the Virginians he was

not a welcome visitor. They either honestly objected to receiving

Catholic settlers, being proud of their conformity to the Church of

England, or were apprehensive that he had designs upon their territory.

They tendered to him and his followers the oaths of allegiance and

supremacy. The latter was one which no Catholic could conscientiously

take, and it was therefore refused by Baltimore. His offer to take a

modified oath was rejected by the council, and they requested him to

leave the colony.

While in Virginia Lord Baltimore learned that the northern and southern

portions of the territory comprised within the old charter limits

of the colony had not been settled, and he determined to ask for an

independent grant of a part of this unsettled region. Upon his return

to England he learned that the King was willing to accede to his

request. Baltimore finally selected for his new colony the country

north of the Potomac, and prepared a charter to be submitted to the

King, modelled upon the Avalon patent. The name of the colony was left

to the choice of the King, who desired that it should be called Terra

Mariæ—in English, Maryland—in honor of his Queen Henrietta Maria.

This name was accordingly inserted in the patent; but before it passed

the seals Lord Baltimore died. His death took place April 15, 1632,

and he was buried beneath the chancel of St. Dunstan’s Church. But his

great scheme did not die with him. His rights were transmitted to his

son and heir Cecilius, second Lord Baltimore, to whom the charter was

finally issued, June 20, 1632.

[Illustration: THE BALTIMORE ARMS.

[This is a fac-simile of the arms as engraved on the map accompanying

the _Relation_ of 1635. The motto was also that of the great seal,

furnished to the Province in 1648 by the second Lord Baltimore, which,

by a vote of the legislature in 1876, was re-established on the seal of

the State. See the Critical Essay.

It is worthy of remark that when an agent of Virginia was sent to

London in 1860, to discover papers relating to the bounds between

that State and Maryland, he found the representative of the Calverts,

and possessor of their family papers, a prisoner in the Queen’s Bench

prison, in a confinement for debt which had then lasted twenty years.

Colonel McDonald’s _Report_, March, 1861.—ED.]]

The territory granted was defined with accuracy. The southern boundary

was the further bank of the Potomac, from its source to its mouth in

the Bay of Chesapeake, and ran thence to the promontory called Watkins

Point, and thence east to the ocean. The eastern boundary was the ocean

and Delaware Bay to the fortieth degree of latitude; and the northern

boundary was a right line, on the fortieth degree of latitude, to the

meridian of the fountain of the Potomac, where the southern boundary

began. It will be seen that Maryland, as originally defined, comprised

all of the present State of Delaware and a large part of what is now

Pennsylvania.

The country described in the charter was expressly erected into a

Province of the empire; and the Baron of Baltimore, his heirs and

assigns, were constituted the absolute lords and proprietaries of the

soil. Their tenure was the most liberal known to the law. They held the

Province directly of the kings of England, in free and common socage,

by fealty only, yielding therefor two Indian arrows, on the Tuesday of

Easter week, to the King at the Castle of Windsor. The Province was

made a county palatine; and the Proprietary was invested with all the

royal rights, privileges, and prerogatives which had ever been enjoyed

by any Bishop of Durham within his county palatine. To the Proprietary

was also given all the power that any captain-general of an army ever

had; and he was authorized to call out the whole fighting population,

to wage war against all enemies of the Province, to put captives to

death, and, in case of rebellion or sedition, to exercise martial

law in the most ample manner. He was empowered to establish courts

and appoint judges, and to pardon crimes. He had also the right to

constitute ports of entry and departure, to erect towns into boroughs

and boroughs into cities with suitable immunities, and to levy duties

and tolls upon ships and merchandise exported and imported. He could

make grants of land to be held directly of himself, and erect portions

of the land granted into manors with the right to hold courts baron

and leet. It was further provided that, lest in so remote a region

all access to honors might seem to be barred to men well born, the

Proprietary might confer rewards upon deserving provincials, and adorn

them with any titles and dignities except such as were then in use in

England. All laws were to be made by the Proprietary with the advice

and assent of the freemen, who should be called together, personally

or by their deputies, for the framing of laws in the manner chosen

by the Proprietary. In the event of sudden accidents the Proprietary

might make ordinances for the government of the Province, provided they

should not deprive offenders of life, limb, or property. Freedom of

trade to all English ports was guaranteed.

Liberty to emigrate to the Province and there settle was given to

all subjects of the Crown, and all colonists and their children were

to enjoy the rights and liberties of native-born liegemen. There

was an express covenant on the part of the Crown that at no time

should any tax or custom be imposed upon the inhabitants or their

property, or upon any merchandise to be laden or unladen within the

Province. The charter concluded by directing that, in case any doubt

should arise concerning the true sense of any word or clause, that

interpretation should always be made which would be most beneficial to

the Proprietary, “provided, always, that no interpretation thereof be

made whereby God’s holy and true Christian religion, or the allegiance

due to us, our heirs and successors, may in anywise suffer by change,

prejudice, or diminution.”

It is especially to be remarked that the charter contained no

provision requiring the provincial laws to be submitted to the Crown

for approval. Nothing was reserved to the Crown except the allegiance

of the inhabitants and the fifth part of all the gold and silver ore

which might be found within the limits of the Province. But the powers

conferred on the Proprietary were of a sovereign character; he was

lord of the soil, the fountain of honor, and the source of justice.

These privileges were the work of a friend of high prerogative; yet the

rights of the people were not neglected. The freemen of the Province

were entitled to participate in the law-making power, to enjoy freedom

of trade, exemption from Crown taxation, and all the rights and

liberties of native-born Englishmen. All the laws of the Province must

be consonant with reason and not repugnant to the laws of England. If

it be true that the powers given to the Proprietary were greater than

those ever conferred on any other Proprietary, it is equally true that

the rights secured to the inhabitants were greater than an in any other

charter which had then been granted.

The charter expressly separated the Province from Virginia and made it

immediately dependent on the Crown. The entire territory of Maryland

had been included in the grants made in 1609, and subsequently to the

London company for the first colony of Virginia. This company became

obnoxious both to the Crown and the colonists, and, in 1624, a writ of

_quo warranto_ was issued against its patents, the judgment upon which

revoked all the charters and restored to the Crown all the franchises

formerly granted. Virginia then became a royal colony, and there could

be no question of the right of the King to partition its territory

at pleasure. But the grant of Maryland nevertheless caused a great

discontent in Virginia. Although no permanent settlements had been

made north of the Potomac, the Virginians regarded all the territory

comprised within the old charter limits as still belonging to them, and

objected to having it partitioned.

One member of the Virginia company had, indeed, established stations

for traffic with the Indians on Kent Island, almost in the centre of

Maryland, and on Palmer’s Island, at the mouth of the Susquehanna

River. This man was William Clayborne, destined to become famous in the

early history of the Province. He had been Secretary of the Virginia

colony and one of the Council. Before the visit of the first Lord

Baltimore to Jamestown, Clayborne had been commissioned to explore

the great bay and to trade with the Indians. He may then have set up

trading stations upon Kent and Palmer’s islands. In May, 1631, he

obtained from Charles I. a license authorizing him to trade for furs

and other commodities in all the coasts “in or near about those parts

of America for which there is not already a patent granted to others

for sole trade.” This license, which was merely passed under the privy

signet of Scotland, could not be construed as granting any title to the

soil or government. In Baltimore’s charter Maryland was described as

hitherto unsettled,—_hactenus inculta_,—and this unlucky phrase was

afterwards the source of innumerable difficulties. At the time of his

visit to Virginia the region was probably unsettled so far as he could

learn.

When intelligence of the grant of Maryland reached Virginia the

planters were moved to sign a petition to the King, in which they

remonstrated against the grant of a portion of the lands of the colony

which would cause a “general disheartening” to them. The petition was

referred to the Privy Council, which, after hearing both parties,

decided, in July, 1633, that Lord Baltimore should be left to his

patent and the Virginians to the course of law; and that, in the mean

time, the two colonies should “assist each other on all occasions as

becometh fellow-subjects.”

There can be no doubt that, from the outset, Lord Baltimore intended

that Maryland should be a place of refuge for the English Catholics,

who had as much reason as the Puritans to flee from persecution. The

political and religious hatred with which the mass of the English

people regarded the Church of Rome was increasing in bitterness, and

the Parliament of 1625 had besought the King to enforce more strictly

the penal statutes against recusants. Soon after the grant of his

charter Lord Baltimore treated with the Provincial of the Society

of Jesus, in England, for his assistance in establishing a mission

in the new colony. At the same time he wrote to the General of the

Order asking him to designate certain priests to accompany the first

emigration, whose duty it should be to confirm the Catholics in their

faith, convert the Protestant colonists, and propagate the Roman

faith among the savages. These requests were granted, and the first

expedition was accompanied by two Jesuits.

But Maryland was to be something more than a Catholic colony. Lord

Baltimore had already determined that it should be a “free soil for

Christianity.” When the charter was granted, it was well known that

Baltimore purposed to settle Maryland with Catholics. How came it to

pass that, under these circumstances, a Protestant king made a grant

of such large powers to a Catholic nobleman? Different views have

been taken of the clauses of the charter relating to religion. One

view is that by the patent the Church of England was established, and

any other form of worship was unlawful; another that the glory of

Maryland toleration is due to the charter, and under it no persecution

of Christians was lawful; while a third view is that the charter left

the whole matter vague and undetermined, and therefore within the

control of the Proprietary and his colonists. The only references to

religion in the charter that need be considered are two: the first,

in the fourth section, giving the Proprietary the advowsons of all

churches which might happen to be built, together with the liberty of

erecting churches and causing the same to be consecrated according to

the ecclesiastical laws of England; the second, in the twenty-second

section, providing that no law should be made prejudicial to God’s holy

and true Christian religion.

These are the exact phrases used in the Avalon patent, which was issued

to Sir George Calvert while still a member of the Church of England. In

that case they probably operated as an establishment of that church.

But these phrases were not retained in the charter granted to a Roman

Catholic without good reason. The fourth section merely empowered the

Proprietary to dedicate the churches which might be built; it did not

compel him to build them: and the fact of being a Catholic did not then

disable one from presenting to Anglican churches. There is, moreover,

nothing in this section disabling the Proprietary from building

churches of other faiths. The proviso in the twenty-second section was

conveniently vague. It cannot be held either to establish the Church

of England or to prohibit the exercise of any other worship. No such

construction was ever placed upon it by the Crown, or the Proprietary,

or the people. It is certain that Baltimore would not have accepted

a charter requiring the establishment of a church from which he and

those whom he intended to be his colonists dissented. It is still more

certain that he would not have accepted a charter prohibiting the

exercise of the Catholic worship.

[Illustration]

The most plausible view of these provisions is that they covered a

secret understanding between the Proprietary and the King, to the

effect that both Catholics and members of the Established Church

should enjoy the same religious rights in Maryland.[867] The opinion

entertained by some that the charter itself enforced toleration is

altogether untenable. These provisions did not prevent the Church

of England from being afterwards established in Maryland nor avert

disabilities from Catholics and Dissenters. Apart from the supposed

agreement between Baltimore and the King, any persecution of

Conformists in the Province would have been extremely impolitic; it

would have resulted in the speedy loss of the patent. But Baltimore

could without danger have prohibited the immigration of Puritans, and

could have discouraged in many ways the settlement even of Conformists.

Not only did he not do any of these things, but he invited Christians

of every name to settle in Maryland. It is the glory of Lord Baltimore

and of the Province that, from the first, perfect freedom of Christian

worship was guaranteed to all comers. Because the event proved that

this magnanimity was the truest wisdom and resulted in populating the

Province, there have not been wanting those who declare that it was not

magnanimity at all, but only enlightened self-interest.

[Illustration]

By the decision of the Privy Council in July, 1633, upon the petition

of the Virginia planters, Lord Baltimore achieved his first victory

in the long struggle he was destined to wage with the enemies of his

colony. Regarding his title to the territory as unquestionable, he

now hastened his preparations for its colonization. He had purposed

to lead the colonists in person, but, finding it necessary to abandon

this intention, he confided the expedition to the care of his brother,

Leonard Calvert, whom he commissioned as Lieut.-General. Jerome Hawley

and Thomas Cornwallis were associated as councillors, and George

Calvert, another brother of the Proprietary, was one of the emigrants.

Lord Baltimore provided two vessels,—the “Ark,” of about three hundred

and fifty tons burden, and the “Dove,” a pinnace of about fifty tons.

In October, 1633, the colonists,—“gentlemen adventurers and their

servants,”—to the number of about two hundred, embarked at Gravesend.

The vessels stopped at the Isle of Wight, where Fathers White and

Altham (the Jesuits who had been designated for the service) and some

other emigrants were received on board. They finally set sail from

Cowes on the twenty-second day of November, 1633, and took the old

route by the Azores and West Indies.

Soon after their departure Lord Baltimore wrote to his own and his

father’s friend, the Earl of Strafford, that, after having overcome

many difficulties, he had sent a hopeful colony to Maryland with a fair

expectation of success. “There are two of my brothers gone,” he added,

“with very near twenty other gentlemen of very good fashion, and three

hundred laboring men well provided in all things.”

[Illustration: MAP OF MARYLAND, 1635.

This is a reduced fac-simile of the map accompanying _A Relation of

Maryland_, 1635. See Critical Essay. Compare the heliotype of Smith’s

map of Virginia, in chapter v.]

The vessels remained for some time at Barbadoes, and did not arrive

at Point Comfort until the 27th of February, 1634. Here the colonists

were received by Governor Harvey, of Virginia, “with much courtesy

and humanity,” in obedience to letters from the King. Fresh supplies

having been procured in Virginia, the “Ark” and “Dove” weighed anchor

and sailed up the bay to the mouth of the Potomac, which they entered

and proceeded up about fourteen leagues, to an island which they called

St. Clement’s. The emigrants landed here, and took formal possession

of Maryland “for our Saviour, and for our Sovereign Lord the King of

England.”

Governor Calvert left the “Ark” at the island and sailed up the river

with two pinnaces, in order to explore the country and conciliate the

Indian chieftains. He was accompanied by Captain Henry Fleet, of the

Virginia colony, who was versed in the Indian tongues and acquainted

with the country. They assured the chiefs that the strangers had not

come to make war upon them, but to impart the arts of civilization and

show their subjects the way to heaven. Not deeming it prudent to seat

the first colony so far in the interior, Calvert returned down the

river and was conducted by Captain Fleet up a tributary stream which

flows into the Potomac, from the north, a few miles above its mouth.

This river, which is now called the St. Mary’s, is a deep and wide

stream. Six or seven miles above its mouth the Governor’s exploring

party came to an Indian village, situate on a bluff on the left bank.

They determined to settle here, but, instead of forcibly dispossessing

the feeble tribe in possession, they purchased thirty miles of the land

from them for axes, hatchets, and cloth, and established the colony

with their consent. And thus the method of William Penn was antedated

by half a century. By the terms of the agreement the Indians were

to give up at once one half of the town to the English and part of

the growing crops, and at the end of the harvest to leave the place

altogether. The “Ark” was sent for, and on the 27th of March, 1634,

amid salvoes of artillery from the ships, the emigrants disembarked and

took possession of their new home, which they called St. Mary’s.

Attention was first given to building a guardhouse and a general

storehouse, their intercourse meanwhile with the natives being of the

most genial character. The Indian women taught them how to use corn

meal, and with the Indian men they hunted deer and were initiated into

the mysteries of woodcraft. They planted the cleared land, and in

the autumn of the same year were able to send a cargo of corn to New

England in exchange for salt fish and other provisions. From Virginia

the colonists procured swine and cattle; and, within a few months after

landing, the settlement was enjoying a high degree of prosperity. The

English race had now learned the art of colonization.

Although Governor Harvey visited St. Mary’s and seems always to have

been friendly to the new colony, the Virginians were bitterly hostile.

Captain Young wrote to Sir Tobie Matthew from Jamestown, in July, 1634,

that it was there “accounted a crime almost as heinous as treason to

favor, nay, to speak well of, that colony” of Lord Baltimore. Sympathy

with what they regarded as Clayborne’s wrongs increased their enmity.

Soon after the “Ark” and “Dove” left Point Comfort, Clayborne informed

the Governor and Council of Virginia that Calvert had notified him that

the settlement upon Kent Island would henceforth be deemed a part of

Maryland, and requested the opinion of the Board as to his duty in the

premises. The Board expressed surprise at the question. and said that

there was no more reason for surrendering Kent Island than any other

part of the colony; and that, the validity of Lord Baltimore’s patent

being yet undetermined, they were bound to maintain the rights of their

colony. It was probably on account of remonstrances from Virginia

that the committee of the Privy Council for plantations wrote to the

Virginians in July, 1634, that there was no intention to affect the

interests which had been settled when Virginia was under a corporation,

and that for the present they might enjoy their estates with the same

freedom as before the recalling of their patents. This letter, which

was merely designed to show that Baltimore’s charter should not invade

any individual right, appears to have been regarded by Clayborne as

justifying his resistance to Calvert’s claim of jurisdiction over his

trading stations.

Clayborne endeavored at once to incite the Indians to acts of hostility

against the colony. He told them that the new-comers were Spaniards,

enemies of the English, and had come to rob them. These insinuations

caused a change in the demeanor of the Indians, which greatly alarmed

the people of St. Mary’s. The suspicions of the natives, however, were

soon dispelled and friendly relations with them were renewed. Clayborne

now resolved to wage an open war against the colony. Early in 1635 a

_casus belli_ was found in the capture by the Maryland authorities

of a pinnace belonging to Clayborne, upon the ground that it was a

Virginia vessel trading in Maryland waters without a license. Clayborne

thereupon placed an armed vessel under the command of Lieutenant

Warren, with orders to seize any of the ships belonging to St. Mary’s.

Governor Calvert determined to show at once that this seditious

opposition would not be tolerated. He equipped two small vessels and

sent them against Kent Island. A naval engagement between the hostile

forces took place in April, 1635, which resulted in the killing of one

of the Maryland crew, and of Lieutenant Warren and two others of the

Kent Island crew. Clayborne’s men then surrendered and were carried to

St. Mary’s. Clayborne himself took refuge in Virginia, and Governor

Calvert demanded his surrender. This demand was not granted, and two

years later Clayborne went to England. He presented a petition to the

King, complaining that Baltimore’s agents had sought to dispossess him

of his plantations, killing some of his men and taking their boats. He

offered to pay the King £100 per annum for the two islands, and prayed

for a confirmation of his license and an order directing Lord Baltimore

not to interfere with him.

This petition was referred to a committee of the Privy Council, before

which Clayborne appeared in person, and arguments upon both sides

were heard. The committee decided, in April, 1638, that Clayborne’s

license to trade, under the signet of Scotland, gave him no right or

title to the Isle of Kent, or to any other place within the limits of

Baltimore’s patent, and did not warrant any plantation, and that no

trade with the Indians ought to be allowed within Maryland without

license from Lord Baltimore. As to the wrongs complained of, the

committee found no reason to remove them, but left both sides to the

ordinary course of justice. Clayborne returned to Virginia, postponing

but not abandoning his vengeance, and Kent Island was subjected to

the government of St. Mary’s, Captain George Evelyn being appointed

commander of the isle. In the same year Palmer’s Island was seized, and

Clayborne’s property there confiscated.

In February, 1635, the first legislative assembly of the Province

was convened. Owing to the destruction of most of the early records

during Ingle’s Rebellion, no account of the proceedings of this

Assembly has come down to us. The charter required the assent of the

Proprietary to the laws, and when the acts of this Assembly were laid

before Lord Baltimore he disallowed them. In April, 1637, he sent over

a new commission, constituting Leonard Calvert the lieut.-general,

admiral, and commander, and also the chancellor and chief-justice

of the Province. In certain cases, he was directed to consult the

council, which was composed of Jerome Hawley, Thomas Cornwallis, and

John Lewger. The governor was directed to assemble the freemen of the

Province, or their deputies, upon the 25th of January ensuing, and

signify the Proprietary’s dissent from the laws made at the previous

assembly, and at the same time to submit to them a body of laws which

he would himself send over. John Lewger, the new member of the council,

and secretary of the Province, came to St. Mary’s in November, 1637,

accompanied by his family and several servants. He was distinguished

as a scholar at Oxford, and had been converted to Catholicism by the

celebrated controversialist Chillingworth. His appointment is an

evidence of the solicitude shown by the Proprietary for the affairs of

his plantation. During the first years of the settlement he and his

friends expended above £40,000 in sending over colonists and providing

them with necessaries, of which sum at least £20,000 was out of

Baltimore’s own purse.

[Illustration]

There can be no doubt that the Proprietary contemplated the foundation

of an aristocratic State, with large tracts of land in the hands of

individuals who would be interested in upholding his authority. He

published, from time to time, certain “conditions of plantation,”

stating the quantity of land to which emigrants would be entitled.

In the conditions issued in 1636 he directs that to every first

adventurer, for every five men brought into the Province in 1634, there

should be granted two thousand acres of land for the yearly rent of

four hundred pounds of wheat; and to each bringing a less number, one

hundred acres for himself, and one hundred acres for his wife and each

servant, and fifty acres for every child, under the rent of ten pounds

of wheat for each fifty acres. The conditions offered to subsequent

adventurers were, naturally, less favorable. All these grants were

of fee-simple estates of inheritance, and the colonists received in

addition grants of small lots in the town of St. Mary’s. Each tract

of a thousand acres or more was erected into a manor, with the right

to hold courts baron and leet, and the other privileges belonging

to manors in England. A large number of manors were laid off in the

Province, and in some instances courts baron and leet were held.[868]

It was only in this regard that the design of transplanting the

institutions of expiring feudalism to the New World was carried out.

Political and social equality resulted from the conditions of the

environment. The “freemen,” who were entitled to make laws, were

early held to include all but indented servants, whether they owned

a freehold or not. The second Assembly, which met in January, 1638,

was a pure democracy. Writs of summons had been issued to every

freeman directing his personal attendance. The governor presided

as speaker, and the council sat as members. Those freemen who did

not choose to attend gave proxies. Proclamation was made that all

persons omitted in the writs should make their claim to a voice in

the Assembly, “whereupon claim was made by John Robinson, carpenter,

and was admitted.” Upon the question of the adoption of the body of

laws proposed by Lord Baltimore, the Speaker and Lewger (who counted

by proxies fourteen voices) were in the affirmative, and all the

rest of the Assembly, being thirty-seven voices, in the negative.

Thus was begun a constitutional struggle between the people and the

Proprietary. The latter held that, under the charter, the right of

originating legislation belonged exclusively to him. For this reason,

he had rejected the laws made in 1635, and had himself proposed a

number of bills. The colonists were unwilling to concede this claim,

and now rejected, in turn, the propositions of the Proprietary. This

early evidence of the persistence with which a handful of emigrants

maintained what they conceived to be their rights possesses a peculiar

interest. The immediate result of the contest was to leave the colony

without any laws under which criminal jurisdiction could be exercised.

This subject next occupied the attention of the House. Subsequently

a number of laws were made, but with the exception of an act of

attainder against Clayborne, their titles only remain. They were sent

to Lord Baltimore, who promptly exercised his veto power upon them.

In February, 1638, a county court was held at which Thomas Smith,

who had been captured in the naval engagement described above, and

subsequently held a prisoner, was indicted by a grand jury for murder

and piracy. There being no court legally constituted to try Smith, he

was arraigned and tried before the Assembly, Secretary Lewger acting

as the prosecuting attorney. The House found him guilty, with but one

dissenting voice, and he was sentenced to be hanged.

Soon after Lord Baltimore had for the second time rejected the acts of

the Assembly, he wisely determined to yield his claim of the right to

originate legislation. Accordingly he wrote to his brother in August,

1638, giving him power to assent to such laws as he might approve. The

assent of the governor was to give force to the laws till the dissent

of the Proprietary should be signified. This double veto power was

similar to that which existed in most of the royal colonies, where the

first negative was in the governor and the second in the king. In a

Palatinate government, like Maryland, the Proprietary exercised the

royal prerogative. There being no further obstacle to legislation an

Assembly was called to meet in February. 1639, which body was composed

partly of delegates elected by the people, and partly of freemen

specially summoned by the governor’s writ. It was also held that any

freeman, who had not participated in the election of deputies, might

sit in his individual right. The laws passed at this session provided

principally for the administration of justice in criminal and civil

cases. It was enacted that the inhabitants should have all their rights

and liberties according to the Great Charter.

One of the acts declared that “Holy Church within this Province shall

have all her rights and liberties.” A similar law was made in the

following year. Both are founded upon the first clause of Magna Charta

and must be held to apply to the Roman Church, since the phrase “Holy

Church” was never used in speaking of the Church of England. But these

acts can hardly be regarded as evidence of an intention to establish

the Roman Church. They do not seem to have had any practical effect

whatever. We have seen that Lord Baltimore purposed to make all creeds

equal in Maryland. Apart from this fixed purpose, from which he never

swerved, the impolicy of granting any peculiar privileges to the

Catholic Church, in a province subject to England, was so apparent

that it was recognized by the Jesuits themselves. Among the Stonyhurst

Manuscripts there is preserved the form of an agreement between the

Provincial of the Society of Jesus, and Lord Baltimore, in which, after

a statement of the manner in which Maryland had been obtained and

settled, it is recited that it is “evident that, as affairs now are,

those privileges, etc., usually granted to ecclesiastics of the Roman

Catholic Church by Catholic princes in their own countries, could not

possibly be granted here without grave offence to the King and State

of England (which offence may be called a hazard both to the Baron and

especially to the whole colony).” The agreement then binds the members

of the society in Maryland not to demand any such privileges except

those relating to corporal punishments.[869]

It is certain that, from the time the emigrants first landed at

St. Mary’s, religious toleration was the established custom of the

Province. The history of Maryland toleration does not begin with

the famous Act of 1649. That was merely a legislative confirmation

of the unwritten law. Long before that enactment, at a time when

intolerance and martyrdom was almost the law of Christendom, and

while the annals of the other colonies of the New World were being

stained with the record of crimes committed in the name of religion,

in Maryland the doctrine of religious liberty was clearly proclaimed

and practised. It is the imperishable glory of Lord Baltimore and of

the State. For the first time in the history of the world there was a

regularly constituted government under which all Christians possessed

equal rights. All churches were tolerated, none was established. To

this “land of the sanctuary” came the Puritans who were whipped and

imprisoned in Virginia, and the Prelatists who were persecuted in

New England. In 1638 one William Lewis was fined by the council five

hundred pounds of tobacco, and required to give security for his good

behavior, because he had abused Protestants and forbidden his servants

to read Protestant books. The Puritans were invited to settle in

Maryland. In 1643 Lord Baltimore wrote to Captain Gibbons of Boston,

offering land to any inhabitants of New England that would remove

to his province, with liberty in matter of religion, and all other

privileges.[870]

It appears from a case that came before the Assembly in 1642 that

there was at that time no Protestant clergyman in Maryland. The

only religious guides were the Jesuit missionaries, and they formed

the only Catholic mission ever established in any of the English

colonies in America. Two priests, as we have seen, accompanied the

first emigration. In 1636 the mission numbered four priests and one

coadjutor. They labored among the Indians in the spirit of Xavier,

establishing stations at points distant from St. Mary’s. Their efforts

to elevate the savage were not without success. One of their converts

was Tayac, the chief of the Piscataways. He and his wife were baptized

in 1640, when Governor Calvert and many of the principal men of the

colony were present at the ceremony. The Jesuits also succeeded in

converting many Protestants. The annual letter of 1638, as communicated

to their Superior, states that nearly all the Protestants who came from

England in that year, and many others, had been converted.

Although the missionaries did much towards conciliating the Indians,

and a fair and gentle treatment of them was the constant policy of the

colony, it was yet impossible to preserve a perfect peace with all the

tribes. The increase of the colonists began to alarm them, and they

were constantly committing petty depredations. All the inhabitants

capable of bearing arms were trained in military discipline, and a

certain quantity of arms and ammunition was required to be kept at

each dwelling-house. Expeditions were frequently made for the purpose

of punishing particular tribes which had committed “sundry insolencies

and rapines.” Scarcely anything is known of the details of these Indian

wars. It was made a penal offence for the colonists to supply any

Indian with arms, but the Swedes on the Delaware had no scruples in

this respect.

In 1640 another Assembly was held. St. Mary’s County had now been

divided into hundreds, and conservators of the peace appointed for

each hundred. In addition to the burgesses elected in each hundred,

the governor summoned certain freemen by special writ, as had been

previously done. The theory upon which this Assembly and those held in

the following years proceeded, in framing laws, was that justice should

be done according to the law of England, except in so far as changed

by provincial enactments.

The Civil War was now at its height in England, and that mighty

convulsion filled all the colonies with alarm and uncertainty. The

supremacy of the Puritans foreboded danger to the colony of a Catholic

nobleman, who still adhered to the cause of the King. Governor Calvert

determined to consult his brother personally in regard to the course

to be pursued in this crisis. Delegating his powers to Giles Brent, he

sailed for England and soon after joined his brother at Oxford. They

received from the King a commission to seize any London ships that

might come to St. Mary’s. Baltimore sent this commission to Maryland;

and in January, 1644, when one Richard Ingle appeared in the Province

with an armed ship from London, Governor Brent seized the vessel, and

issued a proclamation against Ingle, charging him with treason to the

King. Ingle was taken, but soon after made his escape and returned to

England. Governor Calvert arrived in September, 1644, and found the

Province torn with internal feuds and harassed by Indian incursions.

Many thought that the triumph of Parliament would put an end to the

Proprietary dominion. Clayborne availed himself of the confusion to

renew his designs upon Kent Island, and, by the end of the year, he had

regained his former possession. Ingle soon after arrived in another

ship, with parliamentary letters of marque. The Proprietary was as

powerless as the King with whose fortunes his own were thought to be

linked. Ingle landed his men, allied himself with the disaffected,

and easily took possession of the government. Governor Calvert fled

to Virginia, and the insurgents were undisturbed. The records of the

Province brand Ingle as a pirate. To plunder seems indeed to have been

his main purpose, and it is not clear that he even professed to act

on behalf of the Commonwealth. He afterwards alleged, in a petition

to Parliament, that, when he arrived in Maryland, he found that the

governor had received a commission from Oxford to seize all London

ships, and to execute a tyrannical power against Protestants; and that,

therefore, he felt himself to be conscientiously obliged to come to the

help of the Protestants against the Papists and Malignants. His only

statement as to his proceedings in the Province is that “it pleased

God to enable him to take divers places from them, and to make him a

support to the well-affected.” It is, however, certain that the period

of Ingle’s usurpation was marked with much oppression and extortion.

The Jesuits were sent in chains to England, and most of those deemed

loyal to the Proprietary were deprived of their property and banished.

Towards the close of 1646 Governor Calvert, who had been watching the

progress of events from Virginia, deemed that the time was ripe for

a counter revolution. He appeared at St. Mary’s, at the head of a

small force levied in Virginia, and regained the government without

resistance. Ingle left the Province, and the body of the people

returned to their allegiance with marked alacrity. The most permanent

evil caused by this usurpation—commonly called Clayborne and Ingle’s

Rebellion, although they do not appear to have acted in concert—was

the destruction of the greater part of the then existing records.

The entire period is, consequently, involved in obscurity; and it is

impossible to determine why it was that so many of the inhabitants

were ready to join Ingle in what they afterwards called his “heinous

rebellion.” Kent Island alone held out, and Governor Calvert went

there in person, and brought back the island to subjection. The entire

Province was now tranquillized; but Leonard Calvert did not live to

enter upon his labors. On the 9th of June, 1647, he died at the little

capital of St. Mary’s, which he had founded seventeen years before, and

where he had long exercised, with wisdom and moderation, the highest

executive and judicial functions. He had led out the colony from

England when a young man of twenty-six years, and in the discharge of

various offices he had, in the language of his commission, displayed

“such wisdom, fidelity, industry, and other virtues as rendered him

capable and worthy of the trust reposed in him.” Upon his death-bed

he named Thomas Greene his successor, who now assumed the duties of

governor. Greene proclaimed a general pardon to those in the Province

who had “unfortunately run themselves into a rebellion,” and a pardon

to those who had fled the Province, “acknowledging sorrow for his

fault,” except “Richard Ingle, mariner.”[871]

[Illustration]

The cause of the monarchy was now prostrate in England, and in the

supremacy of Parliament Lord Baltimore saw great danger threatening

his colonial dominion. It was necessary to put it out of the power of

his enemies to say that Maryland was a Catholic colony, and at the

same time he felt bound to protect his co-religionists. He therefore

determined to pursue at once a policy of conciliation to the Puritans

and of protection to the Catholics. The course he adopted was one well

calculated to attain this double end. In August, 1648, he removed

Greene, who was a Catholic, and appointed William Stone governor. Stone

was a Virginian, and well known as a zealous Protestant and adherent of

the Parliament. Lord Baltimore at the same time issued a new commission

of the Council of State appointing five councillors, three of whom were

Protestants, and he also appointed a Protestant secretary. Accompanying

the commissions were oaths to be taken by the governor and councillors.

Each was required to swear that he would not trouble or molest any

person in the Province professing to believe in Jesus Christ, “and

in particular no Roman Catholick for, or in respect of, his or her

religion.” While the usual power to assent to laws in the name of the

Proprietary was given to Stone, his commission contained a proviso that

he should not assent to the _repeal_ of any law—already made or which

should thereafter be made—which might in any way concern matters of

religion, without special warrant under the seal of the Proprietary.

The object of this restriction was to prevent the repeal, by subsequent

legislatures, of the act of religious toleration which Lord Baltimore

purposed to have passed by the next Assembly. By this act he did not

design to have the custom of religious liberty, which had prevailed

from the settlement, at all enlarged, but only to be a law of the land

beyond the reach of alteration. This security was the more necessary

since Stone had agreed to procure five hundred settlers to reside in

Maryland, and these might create an overwhelming Protestant majority.

[Illustration]

The new governor and council entered upon their duties in the beginning

of 1649, and in April of that year the Assembly met. The first law made

was the famous “act concerning religion;” which, at least so far as it

related to toleration, was doubtless one of the sixteen proposed laws

which Lord Baltimore had sent over in the preceding year with the new

commissions. The memorable words of this act, the first law securing

religious liberty that ever passed a legally constituted legislature,

provide that—

“Whereas, the inforcing of the conscience in matters of religion

hath frequently fallen out to bee of dangerous consequence in those

commonwealths where it hath beene practised, and for the more quiet

and peaceable government of this province, and the better to preserve

mutuall love and unity amongst the inhabitants here,” it was enacted

that no person “professing to believe in Jesus Christ shall, from

henceforth, be any waies troubled, molested, or discountenanced for,

or in respect of, his or her religion, nor in the free exercise

thereof within this province, ... nor any way compelled to the beleefe

or exercise of any other religion, against his or her consent.”

The Assembly was composed of sixteen members, nine burgesses, the

governor, and six councillors. Their faith has been a matter of

dispute, but the most recent investigations make it certain that a

majority were Catholics. The governor, three of the council, and two of

the burgesses were, without doubt, Protestants. It is equally certain

that three of the council and five burgesses were Catholics. The faith

of the remaining two members is doubtful; and there is also doubt

whether the governor and council sat as a distinct upper house or not.

By the other sections of the “act of toleration,” blasphemy, and

denying the divinity of Christ, or the Trinity, were made punishable

with death; and those using reproachful words concerning the Virgin

Mary or the Apostles, or in matters of religion applying opprobrious

epithets to persons, were punishable by a fine, and in default of

payment by imprisonment or whipping. It does not appear that any of

these penalties were ever inflicted. The toleration established by

this act is so far in advance of all contemporary legislation, that it

would be invidious to reproach the law-givers because they were not

still more enlightened. It may have been that they regarded any broader

toleration as prohibited by the provision of the charter respecting the

Christian religion, or as likely to excite the animadversion of the

Puritans in England. Parliament had recently passed a law (Act of 1648,

chapter 114) for the preventing of the growth of heresy and blasphemy,

by which the “maintaining with obstinacy” of any one of a number of

enumerated heresies—such as that Christ is not ascended into heaven

bodily, or that the bodies of men shall not rise again after they are

dead—was made a felony punishable with death.

[Illustration: ENDORSEMENT OF THE TOLERATION ACT.]

In 1649 Governor Stone invited a body of Puritans who were banished

from Virginia, on account of their refusal to conform to the Church

of England, to settle in Maryland. These Puritans, the fruits of a

mission which had been sent from New England to “convert the ungodly

Virginians,” numbered over one hundred. Stone having promised them

liberty in the matter of religion and the privileges of English

subjects, they accepted the invitation, and in this year settled at a

place which they called Providence,—now the site of Annapolis. The

settlement was, at the next Assembly, erected into a county, and named

Anne Arundel, in honor of Lord Baltimore’s wife, recently deceased, who

was a daughter of the Earl of Arundel. The conditions of plantation

required every person taking up land in the Province to subscribe an

oath of fidelity to his lordship, acknowledging him to be “the true

and absolute lord and Proprietary of this province.” The Puritans

objected to this oath as being against their consciences, because it

required them to acknowledge an absolute power, and bound them to obey

a government which countenanced the Roman religion. It is clear that

these refugees from intolerance were eager to be intolerant themselves.

During a temporary absence of Stone in November, 1649, Greene, the

deputy-governor, foolishly proclaimed Charles II. king, and granted a

general pardon in furtherance of the common rejoicing. Although this

act was promptly disavowed, it afterwards became a formidable weapon

against Lord Baltimore.

Notwithstanding their scruples, the Providence Puritans sent two

burgesses to the Assembly of 1650, one of whom was elected speaker of

the lower house. At this session there was first made a permanent

division of the Assembly into two houses, which lasted till the

Revolution of 1776. The lower house consisted of the burgesses, and the

upper of the governor, secretary, and council. The majority of this

Assembly were Protestants; but they made a law enacting, as “a memorial

to all posterities” of their thankfulness, fidelity, and obedience

to the Proprietary, that, “being bound thereunto by the laws both

of God and man,” they acknowledged him “to be the true and absolute

lord and Proprietary of this province,” and declaring that they would

maintain his jurisdiction till “the last drop of our blood be spent.”

Another act was passed altering the oath of fidelity prescribed by the

conditions of plantation. The new oath afforded ample opportunity for

mental reservation. By it the subscribers bound themselves to maintain

“the just and lawful” right and dominion of the Proprietary, “not in

any wise understood to infringe or prejudice liberty of conscience in

point of religion.”

Lord Baltimore’s trimming at this crisis aroused the displeasure of

Charles II. Although a powerless exile, he deposed the Proprietary,

and appointed Sir William Davenant royal governor of Maryland, on the

ground that Baltimore “did visibly adhere to the rebels in England,

and admitted all kinds of sectaries and schismatics and ill affected

persons into the plantation.” Baltimore afterwards used this assertion

to prove his fidelity to Parliament. Sir William collected a force of

French and sailed for Maryland, but was captured in the channel.

Lord Baltimore was soon after threatened from a much more formidable

quarter. The revolt of the island of Barbadoes called the attention

of Parliament to the necessity of subjecting the colonies to its

power, and by an act passed Oct. 3, 1650, for reducing Barbadoes,

Antigua, “and other islands and places in America” to their due

obedience, the Council of State was authorized to send ships to any

of the plantations, and to commission officers “to enforce all such

to obedience as do or shall stand in opposition to Parliament.” When

the news of this act reached Maryland, the Puritans of Providence

thought that the days of the Proprietary dominion were numbered, and

they consequently refused to send burgesses to the Assembly which met

in March, 1651. Upon information of their conduct and of the perturbed

state of the Province being transmitted to Lord Baltimore, he sent in

August, 1651, a long message to the governor and Assembly. He declared

that the reports concerning the dissolution of his government were

unfounded, and directed that in case any of the inhabitants should

persist in their refusal to send burgesses to the Assembly, they should

be proceeded against as rebels. He also requested the governor and

council to use their best endeavors to suppress such false rumors, and

suggested that a law be made punishing those spreading false news.

But they who asserted that the Proprietary dominion was about to

fall, did not “spread false news.” That steps were not immediately

taken to execute the Act of 1650 was probably owing to the fact that

Scotland was now in arms under the banner of Charles II. But after

the “crowning mercy” of the battle of Worcester, the Council of State,

Sept. 20, 1651, appointed two officers of the navy, and Richard

Bennett and William Clayborne of Virginia, commissioners under the

act. They were directed to use their “best endeavors to reduce all the

plantations within the Bay of Chesapeake to their due obedience to the

Parliament and the Commonwealth of England.” Maryland was at first

expressly named in these instructions; but before they were issued,

Baltimore went before the committee of the Council and showed that

Governor Stone had always been well affected to Parliament; proved

by merchants, who traded to Maryland, that it was not in opposition,

and declared that when the friends of the Commonwealth had been

compelled to leave Virginia he had caused them to be well received in

his province. The name of Maryland was thereupon stricken out of the

instructions; but when they were finally issued, a term was used under

which the Province might be included.

Clayborne and Bennett were in Virginia; the other commissioners soon

after sailed with a fleet carrying a regiment of men, and one hundred

and fifty Scotch prisoners who were to be sold as servants in Virginia.

A part of the fleet finally reached Jamestown in March, 1652. The

commissioners speedily came to terms with Sir William Berkeley, and

then turned their attention to Maryland. They appeared at St. Mary’s

toward the last of March, and demanded submission in two particulars:

first, that all writs and proclamations should be issued in the name

of the Keepers of the Liberties of England, and not in that of the

Proprietary; and second, that all the inhabitants should subscribe

the test, called “the engagement,” which was an oath of allegiance to

Parliament. The instructions of the commissioners expressly authorized

them to insist upon these terms. The governor and council acceded to

the second demand, but refused the first on the ground that process in

Maryland had never run in the name of the king, and that it was not the

intention of Parliament to deprive Lord Baltimore of his rights in the

Province. The commissioners immediately removed Stone and appointed a

council of six to govern the Province independently of the Proprietary.

Bennett and Clayborne then returned to Virginia, where they appointed

themselves respectively governor and secretary of that colony. A few

months later Stone, deeming that he could best subserve the interests

of the Proprietary by temporizing, submitted to the terms of the

commissioners, who, finding that Stone was too popular a man to be

disregarded, reinstated him in his office June 28, 1652.

Now that Virginia and Maryland were both under the authority of the

same commissioners, the Virginians thought that the time had arrived

when an attempt to regain their lost territory was likely to prosper.

In August, 1652, a petition was presented to Parliament praying that

Virginia might have its ancient limits as granted by the charters

of former kings, and that Parliament would grant a new charter in

opposition to those intrenching upon these limits. This petition was

referred to the committee of the navy with directions to consider what

patent was proper to be granted to Virginia. The committee reported

Dec. 31, 1652. They found that Kent Island had been settled three years

before the settlement of Maryland; that Clayborne had been unlawfully

dispossessed of it; that Baltimore had exacted oaths of fealty to

himself; that several laws of Maryland were repugnant to the statutes

of England, such as the one protecting Papists; that persons of Dutch,

French, and Italian descent enjoyed equal privileges with the English

in Maryland; and that in March, 1652, the governor and council of

Maryland had refused to issue writs in the name of the Keepers of the

Liberties of England. No action was taken upon this report. Baltimore

had previously presented a paper containing reasons of state why it

would be more advantageous for the Commonwealth to keep Maryland under

a separate government than to join it to Virginia. These reasons were

adapted to the existing condition of affairs, and are sufficiently

ingenious.

The Province seems to have been quiet during the year 1653. In

England, Cromwell turned Parliament out of doors, and the whole

strength of the nation was devoted to the Dutch War. Lord Baltimore

thought the time propitious for an attempt to recover his colony.

Accordingly, in the latter part of the year, he directed Stone to

cause all persons who had failed to sue out patents for their land,

or had not taken the amended oath of fidelity to the Proprietary,

to do so within three months upon pain of forfeiture of their land.

Stone was also directed to issue all writs and processes in the name

of the Proprietary. In pursuance of these instructions Stone issued a

proclamation in February, 1654, requiring those seated upon lands to

obtain patents, and swear allegiance to Lord Baltimore. A few weeks

later he commanded all officers of justice to issue their writs in

the name of the Proprietary, and showed that this change would not

infringe their “engagement” to the Commonwealth. In May he proclaimed

Cromwell Lord Protector. But the Puritans were not mollified by this

act. Before the proclamation of February had been issued, information

as to Baltimore’s instructions had reached the Puritans on the Severn

and Patuxent; and they had sent petitions to Bennett and Clayborne,

in which they complained that the oath of fidelity to be required of

them was “a very real grievance, and such an oppression as we are not

able to bear,” and prayed for relief according to the cause and power

wherewith the commissioners were intrusted. The open disaffection of

the Puritans caused Stone in July, 1654, to issue a proclamation in

which he charged Bennett and Clayborne, and the whole Puritan party,

with leading the people into “faction, sedition, and rebellion against

the Lord Baltimore.” The commissioners, still acting under their old

authority, resolved again to reduce Maryland. They put themselves at

the head of the Providence party, and advanced against St. Mary’s.

At the same time a force levied in Virginia, threatened an invasion

from the south. Stone, deeming resistance hopeless, submitted. The

commissioners deposed him, and by an order dated Aug. 1, 1654,

committed the government of the Province to Captain Fuller and a

Puritan council. An Assembly was called to meet in the ensuing October

for which Roman Catholics were disabled from voting or being elected

members. And thus the fugitives from oppression proceeded to oppress

those who had given them an asylum. “Ingratitude to benefactors is the

first of revolutionary virtues.” The new Assembly met at the house of

an adherent on the Patuxent River. Its first act was one denying the

right of Lord Baltimore to interfere in the affairs of the Province. An

act concerning religion was passed, declaring that none who professed

the Popish religion could be protected in the Province, “but to be

restrained from the exercise thereof.”

When the news of the deposition of his officers reached Lord Baltimore

he despatched a special messenger with letters to Stone, upbraiding him

for having yielded the Province without striking a blow, and directing

him to make every effort to re-establish the proprietary government.

Stone, thus commanded, resolved to dispute the possession of the

government with the Puritans. He armed the population of St. Mary’s,

and caused the records, which had been removed to the Patuxent, and

a quantity of ammunition to be seized. In March, 1655, he advanced

against Providence with about two hundred men and a small fleet of bay

craft. He sent ahead of him envoys with a demand for submission which

was rejected. The Puritans obtained the aid of Roger Heamans, master of

the “Golden Lion,” an armed merchantman lying in the port, and prepared

for resistance. Stone landed his men near the town on the evening of

the 24th of March, and on the next morning the hostile forces advanced

against each other. The battle-cry of the Puritans was, “In the name

of God fall on!” that of their opponents, “Hey for St. Mary’s!” The

fight was short and decisive. The Puritans were completely victorious.

About fifty of Stone’s men were killed or wounded, and nearly all the

rest, including Stone himself, who was wounded, were taken prisoners.

The loss of the Puritans was trifling, but they did not use their

victory with moderation. A drum-head court-martial condemned ten

prisoners to death, upon four of whom the sentence was executed. Among

those thus tried and condemned was Governor Stone, but the soldiers

themselves refused to take his life. It is said that the intercessions

of the women caused the lives of the others to be spared. They were

however kept in confinement, and the estates of the “delinquents” were

confiscated.

Each party was now anxious to find favor in the sight of the Protector.

Lord Baltimore presented the affidavit of certain Protestants in the

Province as to the high-handed proceedings of the Puritans; while

the commissioners transmitted documents to prove that he was hostile

to the Protector. In the course of the year several pamphlets were

published on either side of the controversy. Cromwell, however, does

not appear to have concerned himself about the dispute, since both

parties acknowledged his supremacy. In January, 1655, Baltimore

had obtained from him a letter to Bennett, directing the latter to

forbear disturbing the Proprietary or his people in Maryland. Soon

after the receipt of this letter Bennett abandoned the governorship

of Virginia and went to England. He there made such representations

to the Protector, that, in September, 1655, Cromwell wrote to the

“Commissioners of Maryland,” explaining that his former letter related

only to the boundary disputes between Maryland and Virginia. After the

battle of Providence, Cromwell referred the matter to the Commissioners

of the Great Seal, and declared his pleasure that in the mean time

the government of Maryland should remain as settled by Clayborne. The

Commissioners of the Great Seal reported to the council of state in

the following year. This report was not acted upon, but was itself

referred to the Commissioners for Trade. It was probably favorable to

Lord Baltimore, for he made another effort to wrest his Province from

the hands of the Puritans. In July, 1656, he appointed Josias Fendall

governor of the Province, with all the powers formerly exercised by

Stone. Fendall was in reality only a persistent and unscrupulous

revolutionist, but his activity had hitherto been exercised on behalf

of the Proprietary. Even before his appointment his conduct had excited

the suspicions of the Puritan council. He was arrested by them on the

charge of “dangerousness to the public peace,” and kept in confinement

till September, 1656, when he was released upon taking an oath not to

disturb the existing government until the matter was determined in

England.

[Illustration]

On the 16th of September, 1656, the Commissioners of Trade reported

to the Lord Protector entirely in favor of Baltimore. The report was

not acted upon, and Bennett and Matthews, the agents of the Puritans,

continued the contest. In October they sent to the Protector a paper

entitled, _Objections against Lord Baltimore’s patent, and reasons why

the government of Maryland should not be put into his hands_. These

objections merely recite the old grievances. Baltimore did not wait

for the report to be confirmed, but, confident that his province would

be restored to him, directed Fendall to assume the administration of

affairs. He also directed large grants of land to be made to those who

had been conspicuous for their fidelity to him, and instructed the

Council to make provision, out of his own rents, for the widows of

those who had lost their lives in his service. Towards the close of

the year the Proprietary sent his brother, Philip Calvert, to Maryland

as a member of the Council and secretary of the Province. Maryland was

now divided between the rival governments. The Puritans held undisputed

sway over Anne Arundel, Kent Island, and most of the settlements, while

Fendall’s authority seems to have been confined to St. Mary’s County.

But there were no acts of hostility between the opposing factions. In

September, 1657, the Puritans held another Assembly at Patuxent, at

which they again passed an act in recognition of their own authority,

and imposed taxes for the payment of the public charges.

Such was the posture of affairs when an agreement was reached by Lord

Baltimore and the Puritan agents in England. The favor with which

the Protector regarded the old nobility, and his failure to notice

the remonstrances which the Puritan agents had addressed to him,

caused the latter to despair of setting aside the adverse report of

the Commissioners of Trade. The new agent of Virginia, Digges, acted

as the intermediary between Baltimore and Bennett and Matthews, and

the articles of agreement were signed on the 30th of November, 1657.

After reciting the controversies and the “very sad, distracted, and

unsettled condition” of the Province, they provide for the submission

of those in opposition to the Proprietary and their surrender of the

records and great seal. Lord Baltimore, on his part, promised “upon

his honor” that he would punish no offenders, but would grant land to

all having claims under the conditions of plantation, and that any

persons desiring to leave the Province should have liberty to do so.

The Puritans now desired the protection of the Toleration Act, and

Lord Baltimore therefore stipulated that he would never assent to its

repeal. Fendall, who had gone to England for the purpose of consulting

the Proprietary, immediately returned to Maryland with a copy of this

agreement. At the same time Bennett wrote to Captain Fuller, apprising

him of the engagement which had been made on behalf of his party.

Fendall arrived in the Province in February, 1658; and the Providence

council were requested to meet the officers of Lord Baltimore in order

to treat for the performance of the agreement. A meeting of the rival

councillors accordingly took place in March. The Puritans, fatigued

by the long struggle, were not unwilling to submit, but insisted upon

making some changes in the articles of surrender. Fendall accepted

their terms, and the new agreement was signed on the 24th of March,

1658. It was stipulated that the oath of fidelity should not be pressed

upon the people then resident in the Province, but that, in its place,

each person should subscribe an engagement to submit to Lord Baltimore,

according to his patent, and not to obey any in opposition to him.

It was further agreed that no persons should be disarmed; that there

should be a general indemnity for all acts done since December, 1649,

and that the proceedings of the Puritan assemblies and courts, in cases

relating to property rights, should not be annulled. Proclamation was

then made of this agreement and of the governor’s commission, and writs

were issued for an Assembly to be held in the ensuing April. At this

Assembly the articles of surrender were confirmed. And thus, after six

years of civil broils, the Proprietary sway was re-established.

But the spirit of that revolutionary epoch was not yet extinct in

Maryland. Another attempt to subvert the authority of Lord Baltimore

was made in the following year. This time the leader was Fendall

himself, who, after having broken faith with the Puritans, now broke

faith with the Proprietary. Upon the confusion which followed the death

of Cromwell, Fendall thought that the opportune moment had come for

shaking off the rule of his feudal lord. At a session of the Assembly

held in March, 1660, the burgesses, in pursuance of Fendall’s scheme,

sent to the upper house a message, in which they claimed to be a lawful

assembly, without dependence on any other power, and the highest court

of judicature. “If any objection can be made to the contrary,” the

message concluded, “we desire to hear it.” A conference between the

houses was held, at which Fendall stated that he was only commissioned

to confirm laws till the Proprietary should declare his dissent, but

that in his opinion the true meaning of the charter was that the laws

made by the freemen and published by them in his lordship’s name should

at once be of full force. On the same day the lower house came in a

body to the upper, and declared that they would not permit the latter

to continue its sittings, but that its members might take seats among

them. Fendall then dissolved the upper house, and, surrendering the

powers he had received from the Proprietary, accepted a new commission

from the burgesses. Philip Calvert protested against the proceedings,

and left the house. The burgesses sought to fortify their authority by

making it a felony to disturb the government as established by them.

Lord Baltimore made short work of these treacherous proceedings. As

soon as the tidings reached him, in the following June, he appointed

Philip Calvert governor. Soon after he obtained from Charles II. a

letter commanding all the inhabitants of the Province to submit to

his authority. Philip Calvert was sworn in at the Provincial Court

held at Patuxent in December, 1660, and had no difficulty in obtaining

control of the Province. No one ventured to disobey the commands of

a monarch who had just been restored to the throne amid universal

enthusiasm. Fendall, indeed, attempted to excite an insurrection, but,

failing in this, surrendered himself voluntarily. Lord Baltimore had

instructed his deputy not to permit Fendall to escape with his life;

and subsequently, while proclaiming a general amnesty, he excepted

Hatch and “that perfidious and perjured fellow Fendall, whom we lately

entrusted to be our lieutenant of Maryland.” Notwithstanding these

instructions, Fendall was punished only by a fine and disfranchisement.

[Illustration]

Charles II. was duly proclaimed, and the power of King and Proprietary

permanently revived. The tranquillity which now came to the exhausted

colony was destined to last, without interruption, till the mighty wave

of another revolution in England proved fatal to the lord paramount

of Maryland. Clayborne, who has been called the evil genius of the

Province, now disappears from its history. His courage and energy have

won the admiration of some writers; but, according to the settled

principles of public law, his claim upon Kent Island was entirely

without foundation. Towards the close of 1661 Charles Calvert, the

eldest son of the Proprietary, was appointed governor, and remained

in that office till the death of his father. The history of the

Province becomes the record of peaceful progress under his wise and

just administration. The population, which in 1660 was 12,000, had

increased, five years later, to 16,000. In 1676 Lord Baltimore wrote

to the Privy Council that the population was 20,000. The provincial

assemblies continued to be held at St. Mary’s, and new counties were

from time to time erected.

[Illustration: THE BALTIMORE COINS.

[See a “Sketch of the Early Currency of Maryland and Virginia,” by S.

F. Streeter, in _Historical Magazine_, February, 1858, vol. ii. p.

42; and Crosby’s _Early Coins of America_, from which we have been

permitted to borrow our cuts. Specimens of the coins were given by the

late George Peabody to the Maryland Historical Society; but they have

been surreptitiously removed. Other originals are in the cabinet of

William S. Appleton, Esq., of Boston.—ED.]]

The cultivation of tobacco was, from the earliest period, the main

occupation of the colonists. Indeed, the prosperity of all the middle

colonies reposed chiefly upon this foundation. It was almost the sole

export of Maryland. There were no manufactures and no large towns in

the Province. It was an agricultural community, scattered along the

shores of the noble bay, and of the Potomac and other tributary streams

which intersected the country in every direction. The abundance of

these natural highways relieved the infant State from a large part of

the burden of maintaining roads. Every large planter had at his own

door a boat-landing, where he received his supplies, and from which

his tobacco was taken to be shipped upon foreign-bound vessels. The

high price of tobacco in the second quarter of the seventeenth century

(ten times its present value), and the large demand for it by Dutch

traders, led the colonists to devote themselves so exclusively to

its cultivation, that, on more than one occasion, they suffered from

a scarcity of food. Beginning in 1639, numerous acts were passed to

enforce the planting of cereals. In order to maintain the excellence

of the tobacco exported, the Assembly in 1640 enacted the first

tobacco-inspection law,—and thus began a system which has, in some

form, been maintained down to the present day. According to the Act of

1640, no tobacco could be exported till scaled by a sworn viewer; and

when a hogshead was found bad for the greater part, it was to be burned.

Tobacco was not only the great staple of the Province, but also its

chief currency. Taxes were assessed, fines imposed, and salaries

paid in tobacco. After the Restoration the restrictive measures, to

which we shall refer, and the overproduction of tobacco caused great

depreciation in the value of the article. The consequent inconvenience

was such that in 1661 the Assembly prayed the Proprietary to establish

a mint for the coining of money. Lord Baltimore, by a doubtful stretch

of his palatinate prerogatives, caused a large quantity of shillings,

sixpences, and groats to be coined for the Province. These coins

were put into circulation under an act, passed in 1662, requiring

every freeman to take up ten shillings’ worth of them per poll for

every taxable person in his custody, and to pay for the same in

tobacco at the rate of two pence per pound. But their introduction

did not give permanent relief, and tobacco continued to be the chief

medium of exchange. Its value decreased so much, that, early in 1663,

commissioners were appointed by Virginia and Maryland to consider

the evil and its remedy. They could only suggest a diminution of the

quantity raised. In the following year the Virginia agents represented

to the Privy Council the necessity of lessening the cultivation of

tobacco in Virginia and Maryland, and offered proposals for effecting

it. These proposals did not meet the approval of Lord Baltimore. The

Privy Council ordered that there should be no cessation of the planting

of tobacco; but, in order to encourage the planters in cultivating

other articles, directed that pitch, tar, and hemp, of the production

of those colonies, should be imported into England free of duty for

five years. In 1666 an agreement was made between delegates from

Virginia, Maryland, and Carolina, providing for a total cessation

in the planting of tobacco for one year. The legislatures of these

colonies passed acts to enforce this agreement; but the Maryland act

was vetoed by Lord Baltimore, upon the ground that it would work great

injury to the poorer sort of planters, as well as cause a loss of

revenue to the Crown. For various reasons these efforts to control the

market by limiting the supply never succeeded.

The colonists did not then fully perceive where the root of the evil

lay. There was not too much tobacco but too few buyers; and the number

of buyers had been artificially lessened. The real cause of this

colonial distress was the famous Navigation Act and the statutes which

had been made in pursuance of the policy then begun. The Navigation

Act, passed by the Long Parliament in October, 1651, provided that no

goods should be imported from Asia, Africa, or America but in English

vessels, under the penalty of the forfeiture of both goods and ship.

Originally designed as a blow at the commercial supremacy of the

Dutch, this Act became, to use the language of Burke, the corner-stone

of the policy of England with regard to the colonies. This Act was

supplemented by still more restrictive statutes passed in 1660 and in

1663 (15 Car. II. c. 7). The result of these regulations was that the

colonists could buy nothing except from English merchants, and could

sell nothing except to English merchants. They were not even permitted

to export their own goods in their own vessels. They suffered from

a triple monopoly of sale, of purchase, and of transportation. They

bought in the dearest and sold in the cheapest market.

The chief source of the revenue derived by the Proprietary from the

Province arose from the quit-rents which, from the earliest period,

had been charged on all grants of land. These rents were at first

payable in wheat. In later grants they were made payable in money or

the commodities of the country, at the option of the Proprietary, until

1671, when an export duty of two shillings per hogshead was imposed on

all tobacco, one half of which went to the support of the government,

and the other half was granted to the Proprietary in consideration of

his commuting his money quit-rents and alienation fines for tobacco,

at the rate of two pence per pound. After 1658 another source of

Proprietary revenue was an alienation fine of one year’s rent, which

was made a condition precedent to the validity of every conveyance. In

1661 there was given to the Proprietary a port and anchorage duty of

half a pound of powder and three pounds of shot on all foreign vessels

trading to the Province. The fines and forfeitures imposed in courts

of justice inured to the Proprietary as the fountain of justice and

standing _in loco regis_. The royal nature of the Proprietary dominion

was also shown in the use of his name in all writs and processes, as

the name of the king was used in England. Provincial laws were enacted

in his name, by and with the advice and consent of the upper and

lower houses. Indictments, including those upon the penal statutes of

England, charged the offences to be against his peace, good rule, and

government.

The first mention of negro slaves occurs in an act passed in 1664; but

they had probably been previously introduced into the Province from

Virginia, where slavery existed before the settlement of Maryland. In

1671 an act was passed to encourage their importation, and slavery

was thenceforth established. It was long, however, before slaves

took the place of indented servants, who formed a large part of the

population down to the time of the Revolution. They at first consisted

of those who had signed an indenture of service for a limited number

of years and were brought into the Province by the masters themselves.

Subsequently the traffic in servants was taken up by shipowners and

others, who sold them for the remainder of their term to the highest

bidders. The term of service, which was at first five years, was

reduced by the Act of 1638 to four years. Upon the expiration of his

indenture a servant was entitled to fifty acres of land and a year’s

supply of necessaries. These servants were called “Redemptioners,”

and many of them became valuable citizens. After the Restoration the

practice of kidnapping men in English seaports and selling them as

servants in the colonies became very common. Among the Maryland papers

is the petition of one Mrs. Beale to the king, complaining that the

master of a ship had taken her brother as his apprentice on a voyage to

Maryland, and there sold him as a servant. The lord mayor and aldermen

of London complained to the Council that “certain persons, called

spirits, do inveigle, and, by lewd subtilities, entice away” youth to

be sold as servants in the plantations. Owing to its equable climate,

Maryland had more of these indented servants than any other colony, and

the statute book contains many acts relating to them. The practice of

sending convicts to America, however, was warmly resisted, and in 1676

an act was passed to prevent it.

A temporary exception to the universal religious toleration, which was

a capital principle of government in Maryland, occurred in the case

of the Quakers. The first Quaker missionaries appeared in Maryland

in 1657. Two years later other preachers of that sect visited the

Province and caused “considerable convincement.” Their refusal to bear

arms, or to subscribe the engagement of fidelity, or to give testimony,

or to serve as jurors, was mistaken for sedition.

[Illustration: CECIL, SECOND LORD BALTIMORE.

[See the Critical Essay for an account of this picture.—ED.]]

On July 23, 1659, under Fendall’s administration, an order was passed

directing that if “any of the vagabonds and idle persons known by the

name of Quakers” should again come into the Province, the justices

of the peace should arrest them and cause them to be whipped from

constable to constable out of the Province. There is no evidence that

this penalty was ever enforced. The most active Quaker missionary

simply received a sentence of banishment; and after the suppression of

Fendall’s rebellion there was no persecution of the Quakers. They found

a refuge in Maryland from the intolerance of New England and Virginia.

In 1672 George Fox arrived in the Province and attended two “general

meetings for all Maryland Friends,” which he describes in his journal

as having been largely attended, not only by Quakers but by “other

people, divers of whom were of considerable quality in the world’s

account.” Maryland was also sought by many French, Bohemian, and Dutch

families. In 1666 the first act of naturalization was passed admitting

certain French and Bohemians to the rights of citizenship, and from

that time forward numerous similar acts were passed.

On the 30th of November, 1675, died Cecilius, Lord Baltimore, after

having inscribed his name upon one of the fairest pages in the history

of America. The magnificent heritage left him by his father was

beset with difficulties; but his courage, perseverance, and skill

had triumphed over the hostility of Virginia and the intrigues of

Clayborne, over domestic insurrection and Puritan hatred. The first

ruler who established and maintained religious toleration is entitled

to enduring honor in the eyes of posterity. His name is that of one

of the most enlightened and magnanimous statesmen who ever founded a

commonwealth.

In the year following his death, Governor Charles Calvert, now the Lord

Proprietary, called an assembly at which a thorough revision of the

laws of the Province was made. Among the laws continued in force was

the Toleration Act of 1649. In the same year Lord Baltimore appointed

Thomas Notley deputy-governor, and then sailed for England, where he

remained three years. Upon his arrival he found that a clergyman of

the Church of England, named Yeo, residing in Maryland, had written

to the Archbishop of Canterbury, under the date of 25th May, 1676,

begging him to solicit from Lord Baltimore an established support

for the Protestant ministry. “Here are ten or twelve counties,” he

writes, “and in them at least twenty thousand souls, and but three

Protestant ministers of the Church of England. The priests are provided

for, and the Quakers take care of those that are speakers, but no

care is taken to build up churches in the Protestant religion. The

Lord’s day is profaned. Religion is despised, and all notorious vices

are committed, so that it is become a Sodom of uncleanness and a

pest-house of iniquity.” There is reason to believe that this letter

was an exaggerated libel. At any rate the writer considered it easy to

cure the evil. It would be sufficient to impose an established church

upon the Province. The Archbishop referred the letter to the Bishop

of London, who asked the Privy Council to “prevail with Baltimore to

settle a revenue for the ministry in his province.” The Privy Council

wrote to Baltimore communicating the unfavorable information with

regard to the dissolute life of the inhabitants of his province,

and desiring an account of the number of Established and Dissenting

ministers there. Lord Baltimore replied that in every county of

the Province there were a sufficient number of churches which were

supported by the voluntary contributions of those attending them, and

that there were, to his knowledge, four clergymen of the Church of

England in the Province. He also urged that at least three fourths

of the inhabitants were Presbyterians, Independents, Baptists, and

Quakers, the members both of the Church of England and of the Church

of Rome being the fewest, “so that it will be a most difficult task

to draw such persons to consent unto a law which shall compel them

to maintain ministers of a contrary persuasion to themselves, they

having already assurance by an Act for Religion that they shall have

all freedom in point of religion and divine worship, and no penalties

imposed upon them in that particular.” The Council, however, directed

that some provision should be made for the ministry of the Church of

England, and that the laws against vice should be enforced. Baltimore

returned to Maryland in 1680, but nothing was done to carry out the

orders of the Council.

Soon after his return the restless Fendall, in conjunction with John

Coode, attempted to stir up an insurrection of the Protestants against

the Proprietary. Baltimore, having early notice of the proceedings,

arrested Fendall. He was punished by fine and banishment, and the

enterprise ended almost as soon as it began. The great preponderance

of the Protestant population, and the course of affairs in England

were fast making the position of a Catholic Proprietary untenable.

Complaints of the favor shown to Catholics were constantly sent to

England. In October, 1681, the Privy Council wrote to Baltimore that

impartiality must be shown in admitting Catholics and Protestants

to the council and in the distribution of arms. In reply to these

complaints a declaration was issued in May, 1682, signed by twenty-five

Protestants of the Church of England residing in the Province. This

declaration certified that places of honor, trust, and profit were

conferred on the most qualified, without any regard to the religion

of the participants, and that in point of fact most of the offices

were filled with Protestants, one half of the council, and by far

the greater part of the justices of the peace and militia officers,

being Protestants. The subscribers published to the world the general

freedom and privilege which all the inhabitants of the Province enjoyed

in their lives, liberties, and estates, and in the free and public

exercise of their religion.

The first Proprietary had finally come off successful in the long

contest for his territory with Virginia and Clayborne. The second

Proprietary was now called upon to begin a longer and less successful

struggle with William Penn. The charter limits of Maryland included the

present State of Delaware and a large part of Pennsylvania. In 1638

a settlement of Swedes was made on the Delaware, which was brought

under subjection to the government of the States General in 1655.[872]

In 1659 the governor and council, in pursuance of Lord Baltimore’s

instructions, ordered Colonel Utie to “repair to the pretended governor

of a people seated on the Delaware Bay, within his lordship’s province,

and to require them to depart the province.” Utie had an interview with

the authorities of New Amstel, and threatened them with war in case

of a refusal to leave. They replied that the matter must be left to

their principals in England and Holland. Towards the close of the year

the Dutch sent Augustine Hermann and Resolved Waldron as ambassadors

to Maryland. They had an interview with the governor and council in

which the claim of Holland to the territory in question was formally

presented. The governor asserted the title of Lord Baltimore and

demanded the submission of the settlements. This demand was rejected

and the interview terminated. The Dutch power in America was soon

after brought to an end by the Duke of York, to whom Charles II. in

1664 granted all the territory between the Connecticut and Delaware

rivers.[873] In 1680 Penn asked for a grant of the territory west of

the Delaware and north of Maryland. In his patent, which passed the

seals in March, 1681, the southern boundary of his province was a

“circle of twelve miles drawn around New Castle to the beginning of

the forty degrees of latitude,”—a description which it was impossible

to gratify. In April, 1681, the King wrote to Baltimore notifying him

of Penn’s grant, and directing him to aid Penn in seating himself, and

to appoint some persons to make a division between the provinces, in

conjunction with Penn’s agents.[874] Lord Baltimore met Penn’s deputy,

in September, 1682, at Upland (now Chester), when it was found, by a

precise observation, that the fortieth degree of latitude was beyond

Upland itself. The knowledge of this fact caused Penn to be anxious to

obtain a grant of Delaware. Though the Duke of York’s grant did not

extend south of the Delaware, Penn, by dint of importunity, obtained

from him in August, 1682, a grant of the territory twelve miles around

New Castle, and southward, along the river, to Cape Henlopen. Penn

asked for that which he knew to be within the boundaries of Maryland,

and beyond the power of the Duke to grant. He also received a release

of the Duke’s claim to the territory of Pennsylvania, and soon

afterwards sailed for his province.

On August 19, 1682, he had procured from the King a letter to Baltimore

directing the latter to hasten the adjustment of the boundaries. An

interview between the two Proprietaries took place in December, when

Penn handed to Lord Baltimore the King’s letter. Baltimore insisted

upon the fortieth degree as his northern boundary, and the conference

was fruitless. They had another interview, at New Castle, in the

following year, which also made it apparent that no agreement between

the rival Proprietaries was possible. Penn now raised against the

Maryland charter an objection similar to that which had been urged by

Virginia and Clayborne,—that Delaware had been settled by the Dutch

before the grant of the charter, and that, if this were not the case,

Baltimore had forfeited his rights by failure to extend his settlements

there.

Both Penn and Lord Baltimore now resolved to go to England to

contest the matter before the King and Council. Baltimore called an

assembly—the last over which he presided in person—in April, 1684. He

acquainted them with the necessity he was under of going to England,

and assured them that his stay would be no longer than requisite for

the decision of the differences between Penn and himself. The Assembly

then proceeded to revise the laws of the Province; after which the

Proprietary appointed a council of nine, under the presidency of

William Joseph, to govern the Province during his absence, and sailed

for England. Baltimore found that he was no match in court influence

for Penn. In November, 1685, the Board of Trade decided that the

Maryland charter included only “lands uncultivated and inhabited by

savages, and that the territory along the Delaware had been settled by

Christians antecedently to his grant, and was therefore not included in

it;” and they directed that the peninsula between the two bays should

be divided equally by a line drawn from the latitude of Cape Henlopen

to the fortieth degree, and that the western portion was Baltimore’s

and the eastern Penn’s. The Revolution, however, came in time to

prevent the execution of this decision, and the vexed question was not

finally settled till the middle of the following century.

The accession of James II. brought increased danger to Lord Baltimore.

To a king who designed the subversion of the liberties of the colonies

as well as of England, the liberal charter of Maryland was especially

odious. In April, 1687, an order in Council was made directing the

prosecution of a writ of _quo warranto_ against the Maryland charter.

In that age the issuing of such a writ seldom failed to achieve its

object; but before judgment could be obtained against Baltimore the

Revolution of 1688 had occurred, and the Stuart dynasty was at an end.

The tidings that a writ had been issued against Baltimore’s charter

alarmed the imaginations of the provincials. When the Assembly met in

November, 1688, President Joseph sought to counteract this state of

feeling in a manner which only served to increase the anxiety. In his

opening speech he claimed his right to rule _jure divino_, tracing

it from God to the King, from the King to the Proprietary, and from

the Proprietary to himself. He then took the unprecedented step of

demanding an oath of fidelity from the Houses. The burgesses at first

refused, and were with difficulty persuaded to yield. The Assembly

showed its loyalty to the monarch, who was then a fugitive from his

kingdom, by passing an act for a perpetual thanksgiving for the birth

of the prince, and fixed a commemoration of it each succeeding tenth

day of June.

Upon the accession of William and Mary the Privy Council directed

Lord Baltimore to cause their majesties to be proclaimed in Maryland.

He immediately despatched a messenger with orders to his council to

proclaim the king and queen with the usual ceremonies. This messenger

unfortunately died at Plymouth, and, although William and Mary had

been acknowledged in the other colonies, the Maryland council shrank

from acting without orders from the Proprietary, while they alarmed

the inhabitants by collecting arms and ammunition. Information of

this delay was sent to the Board of Trade from Virginia. Baltimore

was consequently summoned before it, when he explained that he

had sent the required directions to Maryland, but that they had

failed to arrive. He was ordered to despatch duplicate instructions,

but before they reached the Province the Proprietary’s power was

overthrown. The absence of all colonial records from the close of the

session of 1688 to the year 1692 makes it difficult to understand the

exact cause of this revolution. Enough appears from other sources,

however, to show that it was a rebellion fostered by falsehood and

intimidation,—“a provincial Popish plot.” In April, 1689, John Coode

and other disaffected persons formed “An Association in arms for

the defence of the Protestant religion, and for asserting the right

of King William and Queen Mary to the Province of Maryland and all

the English dominions.” Early in July they began to gather in large

numbers on the Potomac. They alleged that the Catholics had invited the

northern Indians to join them in a general massacre of the Protestants

in the following month, and that they had taken arms to defeat this

conspiracy. When a similar rumor had been set on foot, in the preceding

March, a declaration had been published, signed by several of those

who were now Associators, asserting that the subscribers had examined

into all the circumstances of the pretended design, and “found it to be

nothing but a sleveless fear and imagination fomented by the artifice

of some ill-minded persons.” But in July the Association availed itself

of this baseless rumor to obtain the adherence of those who were

foolish enough to believe it; while to others they asserted that their

purpose was only to proclaim William and Mary.

By these means the neutrality or support of the greater part of the

population was secured, and the Associators moved upon St. Mary’s.

The council prepared for resistance, but, upon the approach of Coode

with greatly superior forces, they surrendered the State House and

the provincial records. The Association then published a “Declaration

of the reasons and motives for the present appearing in arms of their

Majesties’ Protestant subjects in the Province of Maryland.” This

Declaration, dated July 25, 1689, signed by Coode and many others, was

printed at St. Mary’s.[875] It is an ingenious and able paper, but

certainly an audacious calumny, which could only have found credence

in England. It set forth that, by the contrivances of Lord Baltimore

and his officers, “the tyranny under which we groan is palliated,” and

“our grievances shrouded from the eye of observation and the hand of

redress.” These grievances were then stated in general terms. In the

mean time Joseph and his council retired to a fort on the Patuxent.

When Coode marched against them with several hundred men they were

again compelled to surrender, and the Associators became masters of

the situation. On the third of August, 1689, they sent an address

to the king and queen congratulating them upon having restored the

laws and liberties of England to their “ancient lustre, purity, and

splendor,” and declaring that, without the expense of a drop of blood,

they had rescued the government of Maryland from the hands of their

enemies, and would hold it securely till a settlement thereof should

be made. A convention was called to meet on the 23d of August, to which

however several counties refused to send delegates. The convention

sent an address to the King asking that their rights and religion

might be secured under a Protestant government. The matter was now

to be determined in England, and addresses from all the counties and

from both parties poured in to the King. Many Protestants favored the

Proprietary, and, in their addresses, denounced the falsehoods of the

Associators. A number of the Protestants of Kent County declared in

their address that “we have here enjoyed many halcyon days under the

immediate government of Charles, Lord Baron of Baltimore, and his

honorable father, ... by charter of your royal progenitors, wherein our

rights and freedoms are so interwoven with his Lordship’s prerogative

that we have always had the same liberties and privileges secured to

us as other of your Majesty’s subjects in the Kingdom of England.” The

greater number of signers, however, sided with the revolutionists.

A friend of Lord Baltimore wrote that “people in debt think it the

bravest time that ever was. No courts open nor no law proceedings,

which they pray may continue as long as they live.” The same writer

asserted that the best men and the best Protestants stood stiffly up

for the Proprietary’s interest.

Those who had benefited by a Protestant Revolution in England were

naturally disposed to look with favor upon a similar Revolution in

America. And thus it came to pass that the Proprietary government “fell

without a crime.”

King William on Feb. 1, 1690, in pursuance of the recommendation of

the committee of the Council for Trade and Plantations, wrote to

those in the administration of Maryland, acknowledging the receipt of

their addresses and approving their motives for taking up arms. He

authorized them to continue in the administration, and in the mean

time to preserve the public peace. Lord Baltimore struggled hard to

retain his province, although his chance of obtaining justice was

desperate. He presented to the King and Council various affidavits and

narratives showing the falsity of the charges against his government.

In January, 1690, he petitioned the Board of Trade to grant a hearing

to such inhabitants and merchants as had lived in and dealt with

Maryland for upwards of twenty-five years, at the same time forwarding

a list of their names. A few days later he requested the Board to

hear his account of the disturbances, to the end that the government

might be restored to him. In August, however, the Council directed

the attorney-general to proceed by _scire facias_ against Baltimore’s

charter. Chief-Justice Holt had previously given an opinion that the

King could appoint a governor of Maryland whose authority would be

legal; and the attorney-general and solicitor-general were directed to

draft a commission of governor.

On the 12th of March, 1691, Queen Mary wrote to the Grand Committee

of Maryland that the Province was taken under the King’s immediate

superintendence, that Copley would be governor, and, until his

arrival, they were to administer the government in the names of their

Majesties. In the following August Sir Lionel Copley was commissioned

by the king and queen. He reached Maryland early in 1692, and the

Province became a royal colony for a quarter of a century. The

Proprietary was still allowed to receive his quit-rents and export

duty, but all his other prerogatives were at an end.

CRITICAL ESSAY ON THE SOURCES OF INFORMATION.

THE earliest publication relating to Maryland was a pamphlet which

appeared in London in 1634. It is entitled _A Relation of the

Successful Beginnings of the Lord Baltemore’s Plantation in Maryland:

being an extract of certaine Letters written from thence by some of the

Adventurers to their friends in England_.[876] The similarity of the

language of this relation with Father White’s _Relatio Itineris_ would

seem to show that he was its author. The relation describes the first

settlement and the products of the soil, and narrates the naïve wonder

of the Indians at the big ships and the thunder of the guns. It is

dated “From Saint Marie’s in Maryland, 27 May, 1634.”

The next publication was, _A Relation of Maryland_, London, Sept. 8,

1635,—a work of great value to the student. It was evidently prepared

under the direction of Lord Baltimore, and is an extensive colonizing

programme. It recounts the planting of the colony and their intercourse

with the Indians, and describes the commodities which the country

naturally afforded and those that might be procured by industry. It

also contains the “conditions propounded by the Lord Baltemore to

such as shall goe or adventure into Maryland,” and gives elaborate

instructions as to what the adventurers should take with them, together

with an estimate of the cost of transporting servants and providing

them with necessaries.[877]

A very full account of the voyage of the “Ark and Dove” to Maryland

is contained in a letter written by Father Andrew White, S. J., to

the General of the Order. The originals of this letter, as well as of

different letters from the Jesuit missionaries in Maryland from 1635

to 1677, were discovered, about fifty years ago, by the Rev. W. M.

Sherry, who was afterwards Provincial of the Jesuits in Maryland, in

the archives of the Society in Rome. The copy he then made of these

manuscripts is now in the possession of Loyola College, Baltimore. In

1874 and 1877 the Maryland Historical Society published this _Relatio

Itineris_, and extracts from the annual letters, in the original

Mediæval Latin, with a translation by Mr. Josiah Holmes Converse.

This publication also contains an account of the colony in which the

character of the country and its numerous sources of wealth are set

forth in the glowing colors of anticipation. The original of this

_Declaratio Coloniæ_ was also found at Rome. It was probably written

by Lord Baltimore soon after the grant of his patent, and sent to the

General of the Society at the time of his request that priests might be

sent out to the colony. These publications are enriched with the notes

of the late Rev. E. A. Dalrymple, S. T. D.[878] then Corresponding

Secretary of the Maryland Historical Society. The letters, which have

been frequently used in the preceding narrative, throw much light

upon the early days of the Province, and give a vivid picture of the

activity of the missionaries.[879]

The reduction of Maryland at the time of the Commonwealth caused

several pamphlets upon its affairs to be published in London. The first

of these was _The Lord Baltemore’s case concerning the Province of

Maryland, adjoyning to Virginia in America with full and clear answers

to all material objections touching his Rights, jurisdiction, and

Proceedings there_, etc. London, 1653. This tract was probably called

forth by the report of the committee of the Navy on Maryland affairs

in December, 1652. Although written by Lord Baltimore, or under his

direction, it is a temperate and reliable statement. It contains his

reasons of state why it would be more advantageous for the Commonwealth

to keep Maryland and Virginia separate.

An answer to this pamphlet was published in London in 1655, entitled,

_Virginia and Maryland, or The Lord Baltemore’s printed case uncased

and answered_, etc.[880] This work is of value in giving a full

statement of the Puritan side of the controversy down to 1655. It has

the proceedings in Parliament in 1652 relating to Maryland, copies of

the instructions of the commissioners for the reduction, and other

documents.

There are four pamphlets bearing upon the battle of Providence in

March, 1655. The first is called, _An additional brief narrative of a

late Bloody design against The Protestants in Ann Arundel County and

Severn in Maryland in the County of Virginia.... Set forth by Roger

Heaman, Commander of the Ship Golden Lyon, an eye-witness there_.

London, July 24, 1655. The author gives a detailed but unfair account

of the fight, and of his connection with it, and of the previous

proceedings of Governor Stone. Heamans was answered by John Hammond,

“a sufferer in these calamities,” in a tract, called _Hammond_ vs.

_Heamans; Or, an answer to an audacious pamphlet published by an

impudent and ridiculous fellow named Roger Heamans_, etc. The author

was the person despatched by Stone, early in 1655, to remove the

records from Patuxent. He declares that he “went unarmed amongst these

sons of Thunder, and myself alone seized and carried away the records

in defiance.” In the same year were published both _Babylon’s Fall in

Maryland_, etc., by Leonard Strong, and John Langford’s _Refutation of

Babylon’s Fall_, etc. Strong, the author of the former pamphlet, was

one of the leading Puritans of Providence, and afterwards their agent

in London, where he wrote the tract. It is a party work, containing a

garbled statement of the facts. Langford’s _Refutation_ has a letter

from Governor Stone’s wife to Lord Baltimore describing the conduct of

the Puritans and their treatment of her husband. Langford was rewarded

for this work by Lord Baltimore with a gift of fifteen hundred acres of

land in Maryland.[881]

In 1656 John Hammond published his _Leah and Rachel; or, the Two

fruitfull Sisters Virginia and Maryland_. _Their present condition

impartially stated and related_, etc.[882] This pamphlet is favorable

to Lord Baltimore and condemns the Puritans.

A highly curious production is, _A Character of the Province of

Maryland_, by George Alsop. London, 1666.[883] Alsop had been an

indented servant in Maryland, and gives a favorable account of the

condition of Maryland apprentices. The tract is written in a jocular

style, and was designed to encourage emigration to the Province. It

contains some interesting details concerning the Indian tribes.

Various causes, chief among which are Ingle’s Rebellion, time, and

negligence, have resulted in the destruction of a large part of the

early records of the Province. The principal portion of what now

remains relating to the period before the Protestant Revolution is

contained in the following manuscript folio volumes:—

1. Liber Z. The Proprietary Record-book from 1637-1642. This is

the oldest record-book extant. It contains a full account of the

proceedings of the Assembly held in 1638, and of the process against

William Lewis for his violation of the proclamation prohibiting

religious disputes. This volume also has the records of the Council

acting as a county court, and of proceedings in testamentary causes.

Many of the original signatures of Leonard Calvert, Secretary Lewger,

and others are scattered through the volume.

2. A. 1647-1651. The original second Record-book of the Province. The

first fifty-eight pages and several of the last are wanting. It has in

it proceedings of assemblies, court records, appointments to office,

demands and surveys of land, wills, etc.

3. Y. 1649-1669. Journals and acts of different assemblies,

commissions from the Proprietary, etc. This volume contains the

Toleration Act of 1649[884] and the proceedings of Fendall’s

revolutionary assembly in 1660.

4. H. H. 1656-1668. Council proceedings. The original volume

containing instructions from the Proprietary, commissions of Fendall

and others, ordinances, and the proceedings against the Quakers.[885]

5. A. M. 1669-1673. Council Proceedings. A copy probably made in the

last century.

6. F. 1637-1642. Council Proceedings and other documents in vol. i. of

the Land-Office Records. This copy of the original, which is lost, was

made in the first quarter of the eighteenth century, and is certified

by a Judge of the Provincial Court to be correct. This volume contains

Governor Leonard Calvert’s commission, Clayborne’s petition to the

King, orders of the Privy Council, etc.

7. A. 1647-1650. Council and Court Proceedings. Some part of the

original is lost. A copy in vol. ii. of the Land-Office Records.

8. B. 1648-1657. Council and Court Proceedings and Acts of Assembly.

The original is lost. A copy is in vols. i. and iii. of the

Land-Office Records. This volume contains the proceedings of Captain

Fuller’s council and of the Puritan Assembly in 1654, lists of

servants for whose importation land was demanded, etc.

9. Vellum folio. 1636-1657. Council Proceedings. A copy made in the

eighteenth century. This volume has Stone’s commission, the conditions

of plantation in 1648 and 1649, the proceedings of Bennett and

Clayborne in the reduction of Maryland, and of Stone and the Puritans.

The documents in this volume are not arranged in chronological order.

10. Vellum folio. 1637-1658. Proceedings of Assemblies. A copy.

11. F. F. 1659-1699. Upper House Journals. A copy. Contains a full

account of the proceedings.

12. X. 1661-1663. Council-book. This original volume contains

instructions from the Proprietary to Philip Calvert and Fendall,

demands and grants of land, etc.

13. 1676-1702. Votes and Proceedings of the Lower House. A copy made

by the State Librarian in 1838 from the original papers, which are

not now to be found. It has the proceedings of the Assemblies in

1676,1683, and 1684.

14. C. B. 1683-1684. The original Council-book for land.

The first five of the above volumes are in the possession of the

Maryland Historical Society, Baltimore, having been entrusted to its

guardianship by a resolution of the Legislature in 1847. The remaining

folios are in the Land Office at Annapolis.

The three following manuscript volumes are in the office of the Clerk

of the Court of Appeals, at Annapolis:—

15. Liber W. H. Laws: erroneously lettered on the back 1676-1678.

This volume contains laws made at different Assemblies from 1640 to

1688. They are not placed in strict chronological order. These copies

were made in the seventeenth century, and many of the transcripts are

attested by Philip Calvert as _Cancellarius_.

16. W. H. and L. 1640-1692. Laws made at some of the Assemblies held

during these years.

17. C. and W. H. 1638-1678. Laws. A copy from older books made in

1726, and certified to be correct.

The two following original volumes are in the State Library at

Annapolis:—

18. Proprietary, 1642-1644. Contains proceedings of the Council

sitting as the Provincial Court, proclamations, commissions, etc. A

part of this volume has been transcribed into one of the Land-Office

Records.

19. Provincial Court of Maryland. Records. March, 1658-November, 1662.

This volume is in bad condition and several pages are wanting. It

contains the records of the Council as a Court, oaths of officers,

depositions, etc.

A calendar of the state papers contained in Nos. 1-13 of the above

volumes, and in some of a later date, was compiled in 1860 by the Rev.

Ethan Allen, under the direction of J. H. Alexander.[886] No systematic

publication of extracts from these records has ever been made. After

the death of Mr. S. F. Streeter, in 1864, his large collection of

manuscripts pertaining to the provincial history of Maryland was

placed in the hands of Henry Stockbridge Esq., who prepared them for

publication, and in 1876 some extracts from these with notes by Mr.

Stockbridge were published by the Maryland Historical Society in a

volume entitled, _Papers Relating to the Early History of Maryland_, by

S. F. Streeter. This volume contains the proceedings and acts of the

Assembly of 1638, with a list of the members and their occupations, the

record of the case against William Lewis, the first will, the first

marriage license and various court proceedings.

The Legislature of Maryland at its January session, 1882, passed an

act directing that all the records and state papers belonging to the

period prior to the Revolution be transferred to the custody of the

Maryland Historical Society, and appropriating the sum of two thousand

dollars to be expended by the Society in the publication of extracts

from these documents.

In 1694, when the capital was removed from St. Mary’s to

Annapolis,—then called Anne Arundel Town,—the Assembly directed that

the records should be transported on horses, and in bags sealed with

the great seal and covered with hides. The persons charged with this

duty afterward reported to the Assembly that they had safely delivered

the books to the sheriff of Anne Arundel County. There is a full list

of these volumes in the Journal of the Lower House, and one perceives

with regret that the greater part of them no longer exist. Many state

papers were greatly damaged during this removal, and others were

lost in the fire which destroyed the State House in 1704. When the

government of the Province was restored to Lord Baltimore in 1716, an

act was passed appointing commissioners to inspect the records and to

employ clerks to transcribe and bind them. The preamble to the act set

forth the loss of several important records, and that a great part of

what remained was “much worn and damnified;” which was partly owing to

the want of proper books at first. On such general revisions of the

laws as were made in 1676, 1692, and at other times, it was customary

to make transcripts in a “Book of Laws” only of those acts which were

continued in force. The record of the laws not re-enacted was then

neglected.

Very little care was bestowed upon the state papers generally. Many

of the volumes cited by Bacon in his _Laws of Maryland_, published in

1765, are not now to be found. In 1836 the State librarian (Ridgely)

made three reports to the governor and council upon the early records,

which contain a partial list of those then discovered. He says that in

the treasury department he found “the remains of two large sea-chests

and one box which had contained records and files of papers which were

in a state of total ruin.” He also discovered many early records, whose

existence had not been suspected, in different public offices, and some

“under the stairway as you ascend the dome.”[887]

Other original authorities for the history of the Province, second in

importance only to its own records, are the documents preserved in the

state-paper office in London. The peculiar nature of the palatinate

proprietorship of Maryland, and the fact that the Proprietary

generally resided in England, have caused the Maryland papers to be

more abundant than those of any other colony. It was customary to

send to the Proprietary documents concerning all the public affairs

of the Province. A large number of these, as well as of the papers

directly transmitted to the Privy Council or the Board of Trade, are

in the state-paper office.[888] In 1852 Mr. George Peabody gave to

the Maryland Historical Society a manuscript index, prepared by Henry

Stevens, to the Maryland papers, then accessible in that office. This

index contains abstracts of 1,729 documents relating to Maryland

affairs between the years 1626 and 1780; and the abstracts are somewhat

more full than those in Sainsbury’s _Calendars of State Papers_.[889]

Additional papers have been placed in the state-paper office since

the Peabody Index was made, and it is therefore necessary to consult

both calendars. There are other manuscripts relating to Maryland in

the British Museum, the Bodleian Library, and elsewhere in England, of

which no calendars have been published.[890]

[Illustration]

A letter of Captain Thomas Yong to Sir Tobie Matthew, written from

Virginia in July, 1634, describes his interviews with Clayborne and

Captain Cornwallis, and passes an unfavorable judgment upon the

former. Yong gives an account of various plots of Clayborne and other

Virginians against the colony at St. Mary’s, and of Clayborne’s refusal

to attend a conference which had been arranged for the adjustment of

the controversy. The letter is printed in _Documents connected with the

history of South Carolina_, edited by P. C. J. Weston, London, 1856,

p. 29, and in 4 _Mass. Hist. Coll._ ix. p. 81 (Aspinwall Papers), and

in the Appendix to Streeter’s _Papers Relating to the Early History of

Maryland_.

* * * * *

There are scarcely any remains of the buildings erected in the Province

before 1688. Lord Baltimore wrote to the Lords of the Committee for

Trade and Plantations in 1678 that “the principal place or town is

called St. Mary’s where the General Assembly and provincial court are

kept, and whither all ships trading there do in the first place resort;

but it can hardly be called a town, it being in length by the water

about five miles, and in breadth upwards towards the land not above one

mile,—in all which space, excepting only my own house and buildings

wherein the said courts and offices are kept, there are not above

thirty houses, and those at considerable distance from each other, and

the buildings (as in all other parts of the Province), very mean and

little, and generally after the manner of the meanest farm-houses in

England. Other places we have none that are called or can be called

towns, the people there not affecting to build near each other, but

so as to have their houses near the water for convenience of trade,

and their lands on each side of and behind their houses, by which it

happens that in most places there are not above fifty houses in the

space of thirty miles.”[891]

The principal building at St. Mary’s was the State House, erected in

1674, at a cost of 330,000 pounds of tobacco. In 1720 it was given to

the parish of William and Mary to be used as a church; and in 1830,

being very much decayed, it was pulled down, and a new edifice built in

the neighborhood. Lord Baltimore’s house—called the Castle—stood on

the plain of St. Mary’s, at the head of St. John’s Creek. The spot is

marked by a few mouldering bricks and broken tiles, and a square pit

overgrown with bushes.[892] At St. Inigoe’s manor, near St. Mary’s,

there is preserved the original round table at which the first council

sat, besides a few other relics.[893]

The earliest historian of Maryland was George Chalmers, whose

_Political Annals of the present United Colonies_ was published in

London in 1780. Chalmers was a Maryland lawyer, who returned to England

at the outbreak of the Revolution. He had access to the English state

papers in writing his work, and his account of Maryland is fair and,

for the most part, accurate.[894]

The ablest man who has written upon the history of the Province was

John V. L. McMahon. He was born in Cumberland, Maryland, in 1800,

and, after graduating at Princeton, began the practice of the law in

Maryland, where he soon became one of the leaders of a very able bar.

The first volume of his _Historical view of the Government of Maryland

from its Colonization to the Present Day_ was published in 1831. Though

the author did not die till 1871, this volume was never followed by

its promised successor. The manuscript of the second volume is in the

possession of McMahon’s heirs. The volume published brings the history

of the Province down to the Revolution, but its strictly historical

part is less than one half of the whole, and treats the subject only

in outline. The remainder of the book is devoted to an examination of

the legal aspects of the charter, the sources of Maryland law, and the

distribution of legislative power under the State government. The work

is founded on an original study of the records, so far as was thought

necessary for its limited historical scope.[895]

_The History of Maryland from its first settlement in 1633 to the

Restoration in 1660_, in two volumes, by John Leeds Bozman, was

published in 1837. The manuscript of this work was offered to the State

in 1834, after the death of its author, on condition of its being

printed within two years. The offer was accepted by the Legislature,

and the book was published under its direction. The first volume is

introductory, and the history of the Province proper is contained in

the second volume. The work is based on an exact study of the original

records, and is a very careful and accurate summary in great detail.

Bozman did not have access to the papers preserved in the English

state-paper office, and much other material has been brought to light

since he wrote. His strict pursuance of the chronological order often

results in sacrificing the interest of the narrative. The appendix

to the second volume has a valuable collection of extracts from the

records. The work as a whole may be said to furnish materials for

the history of the Province rather than to be the finished history

itself.[896]

_The History of Maryland from its first Settlement, in 1634, to

the year 1848_, in one volume, by James McSherry, a lawyer of

Frederick City, Maryland, was first published in 1849. It is written

in an agreeable style, and, so far as relates to the period under

consideration, gives a clear summary of the leading occurrences, but

does not appear to have been founded on original investigation of the

sources.

In Burnap’s _Life of Leonard Calvert_, published in Sparks’s _American

Biography_,[897] there is an excellent history of the colony to the

death of Governor Calvert in 1647. Dr. Burnap was for many years pastor

of the Unitarian Church in Baltimore. His chief authorities were Bozman

and Father White’s _Relatio Itineris_.

To Mr. George Lynn-Lachlan Davis, a member of the Baltimore Bar, who

died a few years ago, is due the credit of having settled the vexed

question of the religious faith of the legislators who passed the

Toleration Act of 1649. His work was based on an examination of wills,

rent-rolls, and other records. His conclusions are those stated in the

preceding narrative. The result of his investigations was published in

1855 in a volume entitled, _The Day Star of American Freedom: or, The

Birth and Early Growth of Toleration in the Province of Maryland_. It

also contains a summary of all that is known of the entire personal

history of each member of the Assembly of 1649.[898]

The Rev. E. D. Neill’s _Terra Mariæ: or, Threads of Maryland Colonial

History_, published in 1867, is a digressive account of the career

of the first Lord Baltimore, with some notices of men more or less

connected with the Province in its early days. He quotes many letters

of the seventeenth century, but rarely refers to the source from which

he drew them.[899] What the volume contains relative to the internal

affairs of the Province is not always accurate. Mr. Neill has published

several pamphlets and articles on the early history of Maryland, in

which he endeavors to show that Maryland never was a Roman Catholic

colony, that a majority of the colonists were from the beginning

Protestants, and that the Church of England was established by the

charter.[900]

The latest and most comprehensive _History of Maryland_ is that by

Mr. J. T. Scharf, in three octavo volumes, published in 1879. This

work extends from the earliest period to the present day. Mr. Scharf

publishes in full many valuable documents from the English state-paper

office, among which is an English translation of the charter of

Avalon.[901]

Histories of Kent, Cecil, and some other counties in the State have

also been published.[902]

* * * * *

The subject of religious toleration in Maryland—its causes and

significance—has given rise to much discussion both within and without

the State. We shall refer only to a few of the many pamphlets and

articles which have appeared on this topic. In 1845 the late John P.

Kennedy delivered a discourse before the Maryland Historical Society

on the _Life and Character of the first Lord Baltimore_. He maintained

that toleration was in the charter and not in the Act of 1649, and that

as much credit was due to the Protestant prince who granted as to the

Catholic nobleman who received the patent, and that the settlement of

the Province was mainly a commercial speculation. This discourse was

reviewed in 1846 by Mr. B. U. Campbell, who contended with so much show

of reason that the honor of the policy of toleration must be attributed

to the Proprietary and the first settlers, that Mr. Kennedy felt called

upon in the same year to reply to the review.[903] In 1855 the Rev.

Ethan Allen published a pamphlet on _Maryland Toleration_, in which he

upheld Clayborne’s side of the controversy with Lord Baltimore, denied

that Maryland was a Catholic colony, and asserted that protection to

all religions was guaranteed by the charter. This question was also

referred to in the discussion between Mr. Gladstone and Cardinal

Manning, concerning the Vatican decrees, in 1875. Cardinal Manning

had pointed to the toleration established by Catholics in Maryland to

refute Mr. Gladstone’s assertion that the Roman Church of this day

would, if she could, use torture and force in matters of religious

belief. Mr. Gladstone replied, in his _Vaticanism_, that toleration in

Maryland was really defensive, and its purpose was to secure the free

exercise of the Catholic religion, because it was apprehended that the

Puritans would flood the Province.[904]

Students of Maryland history are fortunate in possessing an admirable

edition of the laws of the Province, compiled in 1765 by Thomas Bacon,

chaplain to the last Lord Baltimore. It contains all the laws then in

force, and the titles of all the acts passed in the several assemblies

from the settlement. There are references to the books where the

different acts are recorded, and numerous notes upon historical and

legal points.

The chief impetus to the study of the history of Maryland and to the

preservation of its archives has been given by the Maryland Historical

Society, which was organized in 1844.[905] One of the originators of

this Society was Mr. Brantz Mayer, an accomplished man of letters, who

until his death, two years ago, was active and efficient in promoting

its welfare. The Society has a large membership and occupies a suitable

building in Baltimore. Its library contains about 20,000 volumes,

including nearly every book relating to the history of Maryland. The

collection of manuscripts bearing upon the Colonial and Revolutionary

history of the State is large and valuable. It has also many rare

American maps, coins, and pamphlets, and a large collection of Maryland

newspapers from the year 1728. The Society has published about eight

volumes, relating chiefly to the history of Maryland. It now has a

permanent publication fund, which it also owes to the generosity of

George Peabody.

Notwithstanding the loss of many original records, there is still

in the State archives an abundance of historical material which has

never been adequately worked up by any writer. This material is now

better known and more accessible than formerly. Many documents in the

state-paper office are now being made known for the first time by the

calendars published under the direction of the Master of the Rolls. It

is probable that the papers in the British Museum and Bodleian Library

will also be calendared. This varied treasure of interesting and

important material relating to the provincial history of Maryland has

never been thoroughly searched, and the history in which a satisfactory

use of it is made remains to be written.

[Illustration:

Signature of W. T. Brantly.]

INDEX.

[Reference is commonly made but once to a book if repeatedly mentioned

in the text; but other references are made when additional information

about the book is conveyed.]

AA, VAN DER, _Versameling_, 79, 188.

Abelin, J. P, 167.

Accomac, 147, 179.

Achter Kol, 429.

Acomenticus, charter of, 364;

river, 322.

_See_ Agamenticus.

Acosta, map in (1598), 196.

Acquines (Hawkins), 82.

Adams, _Annals of Portsmouth_, 366.

Adams, Charles-Francis, Jr., edits _Morton’s New English Canaan_, 348;

on “old planters” about Boston Harbor, 347.

Adams, Clement, 36, 41, 43, 44, 47.

Adams, C. K., _Manual of Historical Literature_, 166, 368.

Adams, Henry, on the Pocahontas story, 162.

Adams, J. Q., on the New England Confederacy, 354.

“Admiral”, ship, 171.

Adventurers in Virginia, 127.

Agamenticus, 190. _See_ Acomenticus.

Aggoncy, 184.

Agnese, Baptista, map (1554), 218;

his portolanos, 218.

Agostino, 77.

Agriculture in New England, 316.

Ahasimus, 422.

Aitzema, _Histoire_, 415.

Albany, 390, 407.

Alcocke, John, autog., 338.

Alden, John, in Duxbury, 272, 273;

autog., 268;

last survivor of the signers of the Pilgrims’ compact, 271.

Aldsworth, 321.

Alexander, James, 452;

his Bill in Chancery, 452.

Alexander, J. H., 556.

Alexander, Sir William, 327;

his map, 306, 341;

his grant, 299;

his _Encouragement to Colonies_, 305.

Alexandria, province of, 306.

Allard, C., view of New York, 416;

map of New York, 417.

Allard, _Minor Atlas_, 384,

Allen, Rev. Ethan, 556, 557, 560;

_St. Ann’s Parish_, 561;

_Maryland Toleration_, 561.

Allen, James, autog., 319.

Allen, Nathaniel, 479.

Allen, S. M., 562.

Allen, Zachariah, 377;

_Founding of Rhode Island_, 377.

Allerton, Isaac, 273, 276, 277;

autog., 268;

assistant, 275.

Allyn, John, 334;

autog, 335, 374.

Alsop, George, _Province of Maryland_, 555.

Amadas, Philip, 108, 111, 122.

Amazons, 118.

America, part of Asia, 69;

earliest English publications on, 199;

earliest instance of the name on maps, 214.

American Antiquarian Society, 344.

Amsterdam, English Brownists in, 261.

Amyrault, Moses, 474.

Anderson, J. S. M., _History of the Church of England in the

Colonies_, 155, 286.

Andress, Lawrence, 436.

Andringa, Joris, 397.

Andros, Sir Edmund, his rule in Plymouth, 282;

in Connecticut, 335;

in Rhode Island, 339;

governor of New York, 398, 429;

administration, 400;

knighted, 401;

vice-admiral, 401;

arrests Carteret, 401;

portrait, 402;

governor of New England, 407, 444;

New York added, 409;

in Massachusetts, 321;

imprisoned, 411;

interferes in New Jersey, 433, 434;

collects duties in New Jersey, 431.

_Andros Tracts_, 362.

Andrus, Silas, 371.

Anian straits, 68, 80, 203;

sought by Drake, 69;

gulf, 68;

regnum, 68.

“Ann”, ship, 292.

Ann, Cape. _See_ Cape Ann.

Annapolis in Maryland, 535, 561.

Anne Arundel county in Maryland, 535;

town, 557.

Anonaebo, 77.

Antillæ, 201.

Antinomian controversy, literature of, 349, 351, 352;

in Rhode Island, 336.

_Antiquary_, a London periodical, 160.

Apian’s map (1532), 199.

Appleton, W. S., 543.

Aquedneck, 336, 376, 377. _See_ Rhode Island.

Arber’s _English Garner_, 346.

Arboledo, Cape, 77.

_Archæologia Americana_, or Transactions of the American Antiquarian

Society, 123.

“Archangel”, ship, 175, 191.

Archdale, 324.

Archer, Gabriel, 130;

his Relation, 131;

his account of Newport’s explorations, 154.

Arctic regions, Cabot in, 36, 39;

discoveries in 1586, 42;

bibliographies, 97.

_See_ Northwest Passage.

Arembec, 170, 185. _See_ Norumbega.

Arenas, C. de las, 197, 213.

Argall, Samuel, 159, 301, 305;

arrested, 142;

expedition to Acadia, 140;

elected deputy-governor of Virginia, 141;

on the Maine coast, 178, 179, 193;

at Jamestown, 134, 139.

Arica, 67.

“Ark”, ship, 524.

Arlington, Lord, 150.

Armor, _Governors of Pennsylvania_, 475.

Armstrong, Edward, 510, 516;

edits Budd’s _Good Order_, 451;

edits the Penn Correspondence, 506;

on Penn’s landing, 513.

Arnold, James N., 381.

Arnold, S. G., _History of Rhode Island_, 376.

Arran, Earl of, 370.

Arundell, Earl of, 297.

Asher, G. M., _Hudson the Navigator_, 99, 104;

_List of Maps and Views of New York_, 417.

Ashley, Anthony, 207.

Ashton, Robert, _Works and Life of Robinson_, 286.

Aspinwall, Colonel Thomas, 350;

his library, 159;

on the Narragansett Patent, 379;

Papers, 164.

Assacumet, 180.

Astrolabe, 207.

Atherton Company, 338. _See_ Narragansett.

Atkinson, Joseph, _History of Newark_, 456.

Atlas, earliest marine, 207.

Atwater, E. E., _History of New Haven Colony_, 375.

Augusta (Me.), 365.

Austerfield, 283, 284;

map of vicinity, 259;

church at, 260.

Avalon, 519, 523;

charter, 561.

“Ayde”, ship, 87.

Baccalaos, 3, 9, 10, 12, 14, 26, 27, 29,32, 37, 42, 56, 101, 185,

203, 213, 215, 216.

Backus, Isaac, 377;

_History of New England_, 377;

_Church History of New England_, 377.

Bacon, Francis, aspersions on Ralegh, 120;

his _Declaration_ about Ralegh, 121;

autog., 121;

his _Certain Considerations_, 247;

_Controversies of the Church of England_, 217.

Bacon, Leonard, _Genesis of the New England Churches_, 285;

_Thirteen Historical Discourses_, 359, 371;

on New Haven’s civil government, 375.

Bacon, Nathaniel, Jr., 151.

Bacon, Thomas, 561;

_Laws of Maryland_, 561.

Bacon’s laws (Virginia), 152.

Bacon’s rebellion, 151;

authorities, 164.

Badajoz, junta at, 4, 48.

Baffin, William, 93;

autog., 94;

authorities, 99.

Baffin’s Bay, 99;

Luke Fox’s map, 98.

Bagaduce, 190.

_See_ Pentagöet.

Bagnall, Anthony, 131.

Bagnall, Walter, 322.

Baillie, R., _Anabaptism_, 288.

Baker, _Northamptonshire_, 457.

Balboa, 65.

Ballard, Edward, 210.

Baltimore, Lord. _See_ Calvert.

Baltimore (town), histories of, 561.

Bamfield, 483.

Bancroft, George, 154, 160, 162;

on the Cabots, 43;

controversy with Josiah Quincy, 378;

on the Quakers, 509.

Baptists, 228, 377;

in Pennsylvania, 494.

Barber, _Connecticut Historical Collections_, 375.

Barcia, _Ensayo Chronologico_, 48.

Barclay, Alex., 199, 202.

Barclay, David, 435.

Barclay, Robert, 435, 443;

governor of East Jersey, 436;

autog., 436;

his _Apology_, 436, 503.

Barclay, Robert (of our day), _Inner Life_, 251, 504.

Bardolo, G. G., 26.

Barentz, 217.

Barker, James N., _Settlements on the Delaware_, 463, 512.

Barker, J. W., _History of New Haven_, 372.

Barker, Thomas, 435; autog., 484.

Barlow, S. L. M., _Bibliotheca Barlowiana_, 159.

Barlow, William, _Navigator’s Supply_, 208.

Barlowe, Arthur, 108, 122.

Barney, C. G., 163.

Barret, Charles, 457.

Barrow, Sir John, _Chronological History of the Voyages to the Arctic

Regions_, 97;

_Life of Drake_, 79;

_Naval Worthies_, 102.

Barrowism, 219, 254.

Barry, J. S., _History of Massachusetts_, 286, 344;

and the Bradford MS., 286.

Bartlett, John Russell, _Bibliography of Rhode Island_, 354, 380;

_Naval History of Rhode Island_, 380;

_Catalogue of the Library of John Carter Brown_, 380;

edits _Rhode Island Records_, 377.

Bartlett, W. H., _Pilgrim Fathers_, 258, 284, 292.

Baudet, _Leven van Blaeu_, 216.

Bay Psalm-book, 350.

Baylie, _Dissuasive_, 351.

Baylies, Francis, _Memoir of New Plymouth_, 291.

Bayne, Peter, _English Puritanism_, 252.

Beach, _Indian Miscellany_, 167.

Beare, James, 102.

Beauvois, Eugene, _La Norambegue_, 184.

Becher on Frobisher, 103.

Bedford, Cape, 90, 91.

Beechey, _Voyage towards the North Pole_, 98.

Behaim, Martin, his astrolabe, 207;

globe, 212, 217;

life by Ghillany, 8.

Behring’s Straits, 69.

Belknap, Jeremy, _American Biography_, 94, 188, 291;

on Pilgrim history, 291;

founder of the Massachusetts Historical Society, 344;

his life, 344;

papers, 344, 368;

_History of New Hampshire_, 367.

Bell, C. H., on the Wheelwright deed, 366.

Belle isle, 213.

Belleforest, _Cosmographie_, 36.

Bellingham, Richard, governor of Massachusetts, 318.

Bennet, Richard, 148, 149, 537.

Bergen, 422, 428.

Bergenroth, 57.

Berkeley, John, 144, 145;

in New Jersey, 422;

autog., 422;

sells his right, 430.

Berkeley, Sir William, 147, 537;

autog., 147;

governor of Virginia, 149;

_Discourse_, 157.

Bermuda, 216;

Gates wrecked at, 134, 135, 156.

Bermuda in Virginia, 138.

Bernard, _Recueil de voiages_, 188.

Berry, John, 428, 436, 443.

Berry, Leonard, 118.

Bertius, Peter, 46.

_Beschrijvinghe van Virginia_, 415.

Besse, Joseph, on William Penn, 505;

_Sufferings of the People called Quakers_, 359, 503.

Beste, George, _True Discourse_, 36, 102, 204.

Bevan, Sylvanus, 475.

Beverley, Robert, _History of Virginia_,164.

Bezar, John, 479.

Bible, authority of the, 227, 229.

Biddle, Craig, 507.

Biddle, Richard, _Memoir of Sebastian Cabot_, 14, 43.

Biddle, William, 441.

Billings, Hammatt, 293.

Billington Sea, 272.

Binckes, 397.

Birch, Thomas, _Lives of Bacon_, 121;

General Dictionary, 121.

Biscayan fishermen, 12.

Bishop, George, _New England Judged_, 359.

Bishop, _History of American Manufactures_, 166.

Bittle, Edward, 515.

Blackstone, William, autog., 311.

Blackwell, Captain John, 495.

Blaeu map (1685) of New England, 381, 384;

atlas, 381;

globes, 216.

Blagrave, John, _Solace for Navigators_, 208.

Blanco, Cape, 8, 213.

Bland, Colonel Richard, 158.

Blaxton. _See_ Blackstone.

“Blessing”, ship, 134.

Block, Adrian, 376;

on the Connecticut River, 368.

Block Island, 382.

Blome, Richard, _Present State_, etc., 384, 449.

Bloody Point (Maine), 367.

Bloody Statute, The, 231.

Blue Hills (Massachusetts), 198, 342.

_See_ Cheviot Hills, Massachusetts Mount.

Blue Laws, 371, 372.

Blundeville, Thomas, _Universall Maps_, etc., 207;

his _Exercises_, 207, 208, 217.

Bodega Bay, 74, 75, 80.

Body of Liberties, 314, 350, 371.

Bollen, James, autog., 428.

Bollero’s map, 200.

Bolling, Robert, 141, 162.

Bolling, Thomas, 163.

Bonavista, Cape, 216.

Booth’s Bay, 191.

Bordone, _Libro_, 194.

Narrative and Critical History of America, Vol. 3 (of 8) English Explorations and Settlements in North America 1497-1689 · 第 19 / 24 章