''\ uv n^^'^M '^p\r\' -v /On/^M /^^',5' /^, / ■ /^ •-\l(i 'A^Ali Cc ^c^<^ -SC giasffiffiaHasasHSEH cr- ■<:■. die c c ^^ CCccr •^"^ .^<^^<2;'<- dec c c ■ rii V C< ^ CiL c cc c ct. •• CCC ^cscccccccc c:cc ^^<5:c cc c;c CLCaCT CCl ' POLITICAL SCIENCE ASSOCIATION JOHNS HOPKINS UNIVERSITY EDWARD D. NEILL ' Truth IS the daughter of Time," / ?» '■^' Oui statuit aliquid, parte inaudita altera, .^ yfequum licet statuerit, haud sequu-. fuit." BALTIMORE. CUSHINGS AND BAILEY 262 BaUiruore Street. 1884. ?//^ 7/4^^ By tr»nefo» OCT 20 1915 '.wnsoN. SMITH a harr:so'i PRINTERS, MISKEAPOLIS, MI^^• TO THE PRESIDENT, PROFESSORS, and Graduate Students OF jOHi\»S HOPKINS UNIVERSITY; Whose researches have thrown light upon American History, This Brief- Is dedicated by One, Some of whose ancestors, nearly two centuries ago, were planters, and whose father and wife were born and educated in MARYLAND. MARYLAND IN THE BEGINNING. THE MARYLAND CHARTER. or all the proprietary grants b}' James the First, and Charles the First, the charter of Maryland was the only one containing a clause restricting the de- velopment of Christianity, bj^ requiring all churches and chapels to be erected in accordance with laws of the Church of England. The charter of Nova Scotia, in favor of William Alexander, Earl of Stirling, A. D. 1G21, mentions his desire " for the propagation of the Christian re- religion." and as Proprietor "his gift and right of patronage of churches, chapels, and benefices." The charter of Barbadoes was given in A. D. 1627 to the Earl of Carlisle, who had a laudable and pious design of propagating the Christian religion with the privileges of the Bishop of Durham in the kingdom of England, The charter of Carolana in A. 1). l()2y was sealed to Attorney-General Heath, "excited with a lauda- ble zeal for the. propagation of the Christian taith"" and with " privileges of the Bishop of Durham." The charter of Avalon' A. D. 1()23 granted to Sir 1 Gardiner in his " Charles the First, from 1G28— 1637," erroneously mentions Ihat the charter of Maryland was copied vord for word from Avalon. (V) (lieorge Calvert then principal Secretary of State. has the same language, as those mentioned, as to the desire to propagate Christianit.y. and also gives the privileges of any Bishop of Durham within the bishoprick or County Palatine of Durham,'" and " the patronages and advowsons of all churches which, as Christian religion shall increase within the said region, isles, and limits, shall hai)pen to be erected." The charter ot Marjdand granted to Cecil Calvert, Baron of Baltimore, and confirmed on the 25th ot •lune, 1632, conferred to the Proprietor the privi- leges of a Bishop of Durham, and the patronage and advowsons of all churches, but contained a clause not in the others, which reads "together with license a.nd faculty of erecting and founding churches, .chapels and places of worship, in con- venient and suitable places within the premises, and causing the same to be dedicated and conse- C/rated according to the ecclesiastical laws of our kingdom of England.'' Sir Edward Northey. Attorney General of Eng- land, having been asked as to the force of this claiise. wrote: '* As to the said clause in the grant of the province of Maryland, T am of opinion, the same doth not give him power to do anything contrary to the » ecclesiastical laws of England."' A fellow of All Souls College, Oxford, J. A. Doyle in his English Colonies in America, on page 281, of the edition published in 1SS2 by Henry Holt and Com- 1 "'Opinions on interesting mihjccts i{i«)* nf Mnryland ," Munsell, Albany, 1S76, paffc 50. 3 The report of Watkins is pnblishcl. 3 liichard. brother of Sir William Gerard Ht., in 1635, returned to England, raised a company of foot, and went into the service of Spain in the low countries. He visited Queen Henrietta .Maria, of England, at the Hague, who commissioned him as Lt. -Colonel during the civil war to ra'se ti-oops He then joined Charles the First at ().\ford. anil in the attack of Hurton on Trent, was severely wounded. He went with the King to Hurst Ciistle. and bore his last message to the (iucen. After the restoration he became cup-bearer to thetiucen INIother, and dieland. 15 ernor Calvert planted a cross. "The Relation of Maryland " published* in 1684, thus describes the cer- emony: "We all kneeled down and said certain prayers, taking possession of the country for our Saviour, and the King of England." Father White gives a fuller account. Leaving the "Ark " at the island, Governor Cal- vert in the pinnace " Dove," ascended the river as far as the Indian village " Paschatoway." After a brief visit he returned, and then he went to a trib- utary of the Potomac which was called Saint George, and the colonists went up this stream "about four leagues." Captain Henry Fleet, a Protestant of Virginia, "a man especially accept- able to the savages, well versed in their language, and acquainted with the country, pointed out to the Governor a spot so charming in its situation that Europe itself can scarcely show one to surpass it," which was the Indian village of Yoacomoco, and here Calvert and party located and named the place Saint Mary. 1 The lirst work on the Provhice of Maryland had this title: "A relation of the successful beginnings of the lord r.altiniore's Plantation in Mary Land I'eing an extract of Ortain Letters written from thence, and by some of The Adventurers to Tlieir 1^ riends in Kngland. Anno Domini 1634.'' Tliis little book was reprintei I by Joel Muiisell, Albany, in 1S65 The next year another book appeared, called: A RELATION of INfaryland, Together ^ f A Map of the Country, • I The <'()n(iilions of Plantations, With - His Afajestic's Charter to j the Lord Baltimore. [ 'J'ranslatcd in I'^niilish. These bookes are to be had at Master William Peaslcy, Esq., his house on the back side of Drury Lane, neere the Cock Pit Playhouse; or in his alwetice. at Master John Morgan's house in High Holborne. over agamst the Dolphin, Lon- don. September the 8, Anno Dom. I63'>." This was reprinted l)y Joseph tfabin. New York, in 1865. 16 V. THE FIRST COMMISSIONERS. THOMAS CORNWALLLS, Lord Baltimore priidentl)^ associated Thomas Cornwallis and Jerome Hawley with his brother Leonard Calvert in the first government of the Prov- ince. Grovernor Calvert never exhibited any execu- tive ability. George Evelyn, who knew the family, once said: "What was Leonard Calvert himself at school but a dunce and blockhead; and now it has come to this, that such a fellow must be Governor of a Province and assumes such lordly airs.'" Ob- stinacy in public affairs, want of thrift, and subserv- iency to the strong minded Margaret Brent, did not add to his popularit5^ His nuncupative will as recorded at Annapolis, betrays poverty of mind and poverty in this world's goods.' Without the pres- ence of Thomas Cornwallis there would have been great confusion in public affairs, and the colony might have failed. He was the foremost man in "intellectual and moral and political" matters. His ancestors for many generations had occupied positions of distinction in England.' His grand- 1 Streeter's "First Commander of Kent Island," pa^e 6. 2 An ahslritct is in "Founders of Maryland." page 66 He leaves his cloth suit of clothes to Richard '\Villani,a servant.his black suit to another servant, James Lindsay. To Margaret Brent he said: "I make you my sole executor. Take all and pay all." '.i In the days of Richard the Second, an ancestor, Thomas Cornwallip, was a merchant in London His great-grandson, ."^ir Thomas, was recalled before the taking ol Calais, and in Queen Mary's time built Bronie Hall in Suffolk. The following pas(iuinaondon 1000. "Discourses upon .Seneca, the tragedian," 1601. "I'nion of England and Scotland." ItiOl "Essay.s upon t^adnessand Julian the Apostate," Kilt!. "Praise of King Richard," 1()17. 4 Nova Albion. 18 valiant, and politic soldier." In commercial affairs he was at the head and was recognized as the wealthiest man in the settlement. In an assess- ment of taxables of St. Mary in 1641, for 806 pounds of tobacco, the amount levied . upon him was one- foiirth, 200 pounds, and the next largest levy was for 50 pounds. Among the unprinted records of Maryland there is this description of his surround- ings in his own language: "By God's blessing upon his endeavors he had acquired a settled and com- fortable subsistence, having a comfortable dwelling- house furnished with plate, fine hangings, bedding, brass, pewter, and all manner of household stuff, worth altogether a thousand pounds, about twenty servants, at least a hundred head of cattle, a great stock of swine and goats, some sheep and horses, a new pinnace about twenty tons, well rigged and fitted, besides a new shallop and other small boats."' In the legislature he was ever watchful that there was no encroachment upon the liberties granted by Magna Charta, by the Proprietor or his repre- sentative, Leonard, Calvert, the Governor of the Province. The first legislature of whose proceedings we have any record is that which assembled in Janu- ary, 1()87, 0. S., 1638 N. S., and in this Cornwallis was the master spirit. While Governor Calvert ever narrow and impolitic declared that the Assem- bly had no power to frame laws, the members pro- ceeded to appoint a committee of five on legislation. Cornwallis received fifty-four votes, and George 1 Johnson's ' foundation of Maryland,' pa^e 16S. . 19 Evelyn forty-eight votes, while Governor Calvert had only thirty-eight. From the proceedings of the Assembly, the following is taken. "On the 8th day of February between two and three o'clock in the afternoon, the House "being sat" the President [Cal- vert] declared that he thought it fit to adjdurn the house for a longer time, till the laws which they would propound to the Lord Proprietor were macie ready. "Captain Cornwaleys replied they could not spend their time in any business better than this, for the country's good, and one of the planters demanded the reason, why it should be adjourned, and said they were willing to leave the other business to at- tend to it." The President replied he would be accountable to no man for adjourning it. After a committee of three was appointed on motion of Cornwallis, con- sisting of Evelyn, himself, and Governor Calvert, there was an adjournment until the 2()th of the month. When that day arrived, the Assembly was adjourned to the 6th of March, and then again until the 12th, when the session was resumed, and twenty bills prepared l)y the Committee were read for the first time. The next day fourteen other bills had their first reading. Among the bills passed, during this month, was a Bill creating General Assemblies, which provided that "The Lieutenant General and Secretary, or his Deputy, and gentlemen summoned by special writ, and near two burgesses out of every hundred, at the choice of the freemen, at any time hereafter assembled, shall be judged a General Assembly.'" 1 Gov. Sliarpe in "Ainericfin Magazine" of 1758, p. 265. 20 Doyle commenting upon the proceedings of this Assemblj^ writes' : "Apart from the intrinsic merits or demerits of the proposed hiws, it was clearly a most serious (question whether the initiative in legislation was to belong to the Proprietor or the colonisfs. The division which followed illustrated forcibly the evils of the proxy system. The acts intended by the Proprietors were rejected by thirty- seven votes to eighteen. Doubtless there were proxies on both sides, but in the minority twelve of them were in two hands those of the Governor, and of Counsellor Sawyer [Lewger] who had been lately associated with Hawley and Cornwallis. No better illustration could have been found of the progress of the liberty of the colony involved in its anomal- ous system. * '•' * * * Baltimore's motives throughout the whole of these affairs, as indeed throughout his career, are hard to be understood. He seemed first to have asserted a claim to holding practically almost absolute power, then, without any apparent reasons, to have aban- doned this position, and in a temperate letter em- powered his brother as Governor to assent to such laws as should be concerted with and approved of by the freemen and their deputies." This assent was subsequently to be ratified by the Proprietor him- self. Under the call of the Governor a new Assembly convened on the 25th February, 161-' and the first Maryland code was enacted by it, and approved by Lord Baltimore. 1 Doyle, page 289. 21 From the days of the obtaining of the Magna Oharta, it had been the custom of Parliament upon the inauguration of a new government to declare at the outset that Holy Church shall have her liber- ties. Upon the accession of Edward the First to the throne, it was enacted A. D. 1297, that ''the Church of England shall be free and shall have all her rights and liberties inviolable." When the second Edward assumed the reins of government, it was enacted, A. D. 1311, "■That the Holy Church should have all her franchises in such sort as she ought to have." When the third Edward came into power the Parliament of A. D. 1340. de- clared that '' Holy Church shall have her liberties and quietness." As soon as second Richard entered upon his reign it was again declared that ''Holy Church shall have and enjoy all her liberties, wholly and without blemish." In A. D. 1399, when Henry the Fourth had succeeded to the throne, it was en- acted that Holy Church should have "her rights entirely and without im blemishing." So the same language is used at the beginning of siwcessive reigns. 'In the Acts passed by the Parliaments in the time of Henry the Eighth, the Holy Church is distin- guished from what is called in the statutes " the See of Rome." The laws in the time of King James make a distinction between the " religion estab- lished in this realm,"" and "the pretended authority of the See of Rome." Cornwallis the guiding mind of Maryland, was descended from statesmen, and his fathers house when he was a youth had been frequented by scholars, and when a code, in 1638-9, 22 was to be framed for the Province of Maryland, he would naturally insist upon venerable precedents, and with his fellow members declare that "Holy Church within this Province shall have all her rights and liberties," having in mind the Church alluded to in the Charter, the Church of England, hj whose forms all churches and chapels are to be dedicated to public worship.' As the differences increased between Charles the First and Parliament, party lines began to be clearly draAvn between the Proprietor and the people of the Province. Governor Calvert sympathized with the King," and Cornwallis with the Parliament partj^ During the year 1640 the latter visited England, and in December, KUl, returned in a ship command- ed by Captain Richard Ingle with whom he was, at that time, on friend 1}^ terms. By order of the Lord Baltimore, there was a re- organization of the Maryland government in 1642, and ( Jornwallis was named as Councillor, but when on the 16th day of September, the commission was tendered " he absolutely refused to be in commis- sion or to take the oath *' probably because it omit- ted the clause of the old form, "saving, ni}'- allegi- ance to the Crown of England." In October, 1643, Charles the First, then at Ox- ford, gave to Governor Calvert, then in England, a letter of marque to seize upon all ships belonging to London. Late in that year Captain Richard Ingle, ot 1 It is quite remarkable that the scholarly Gardiner in "Hisloru of Charles the Firsi. IfiJS to lJ3, was appointed surveyor (jleuerat of Vir};inia, and soon died. 28 deer' which he had promised to send to the King. Arriving in Virginia "late in the year" of 1637 0. S. early in 1G3S N. S., he entered upon the duties of his office. Soon after, in the month of February, 16oS, although a councilor of Virginia, he visited Maryland, and one day sat as a member ot the Assembly. A citizen of Jamestown wrote to his brother, a clerk of Secretary Windebank under date of the 26th ot February, 1637-38, "Mr Hawley has not proven the man he took him for, having neither given satisfaction for money received of him, nor brought him any servants," and that he was then on a visit to Maryland.' A letter of Haw- ley written on the Sth of May 1638 is extant' rela- tive to the arrival of ships from Sweden at James- town. During the month of August, this year, he died, and Cornwallis, his fellow Maryland Commis- sioner, was the administrator of his estate. vr. LEADING MEN IN THE BEGINNING. •lUSTINIAN SNOW. Justinian Snow came to Maryland with Governor Calvert, in the responsible position of commercial agent for Lord Baltimore, and in 1639 died. In the Relation of Father White is the narrative of an Indian chief, Tayac, who said "That his father, 1 The (leer were snared, and four placed upon Capt. .Terry Hlucknian's ship, in wooden cajies, but Hiey died l>efore reaching Enj^land. "Sainsbury Calendar." 2 "ffahhsbnry Culeiidar Coli'tiial." a Hawhiy's letter in "N. Y. Col. Documents," Vol. lir. 29 deceased some time before, appeared to be present before his eyes, accompanied by a god of a black color, whom he worshipped, beseeching him that he would not desert him. At a short distance, a hideous demon, with a certain Snow, an obstinate heretic from England, and at length, in another part, the Governor of the Colony and Father White appeared, a God also being his companion, but much more beautiful, who excelled the unstained snow in whiteness, seeming gently to beckon the King to him. From that time, he treated both the Governor and Father with the greatest affection." Snow's brother, Marmaduke, followed him to the Province, and was with him, in 1638, a member of the Assembly. Another brother, Abel, was clerk in the Chancery Office, London. His sister, Susanna, was the wife of Surgeon Thomas Gerard, whose name often appears in the Maryland Records. HENRY FLEET. Henry, Fleet years before the charter of Maryland was granted, traded with the Indians of the Potomac River. In the Fall of 1621 the ship Warwick and pinnace Tiger, sailed from the Thames with supplies, and thirty-eight young women selected witli care, as wives for Virginia planters. The Tiger afterward went with twenty-one men up the Potomac to trade with the Indians for corn, and in 1622 erected a stockade at Potomac Creek. While among the Anacostans, who lived on or near the site of the city of Washington, on the 23d day of March, 1623, they 30 were attacked, and Fleet and others captured,' After living with the Indians about four years he re- turned to England,^ and was engaged by William Clobery of London in September 1629, to sail in the ship Paramour. On the 4th of July, 1631, he again left London in the ship Warwick owned by Griffith and Company, as their factor. Toward the last of Octo- ber he was in Yoacomoco where he had lived with the Indians, purchasing corn, which he carried to NewEngland. Winthrop in his journal under March 24, 1631-2, writes: " The bark Warwick arrived at Natescua, having been at Piscataquack and Salem to sell corn which is brought from Virginia," and under date of April 9, 1632 he makes this entry: "The bark Warwick and Mr. Maverick's pinnace went out toward Virginia." On the 13th of May, 1632, Capt. Fleet^ arrived at Captain William Clayborne's in Accomac, where he stayed three days, and then accompanied by Clayborne crossed the Chesapeake. After visiting Yoacomoco, he sailed up the Potomac to the Indian village, in what is now Strafford County, Virginia, and on the 1st of June sent back the pinnace of twenty tons with a cargo of corn, and on the 27tli he was anchored near the great Falls of the Poto- mac. After this he formed a partnership for trad- ing with Governor Harvey of Virginia, and through him, he made the acquaintance of Governor Calvert and selected a site for his colony. Six weeks after i Letter of Edward Hill to his brothe ■ John Hill, mercer in Lumber [Lombard | Street. Appendix to EiKhth K'eport "Hist. Coinmis.sion." p. 41 2 See a notice of Fleet iu •Founilcrs of Marykuid," pp 9-18, and his jouriisil of a"Vo.va{j;c in the " Warwick." pp. 19-37 Some writers, followinij: a typographical error in a caption of the "Foimdcrs of Maryland,^' call the ve^s!scl " Virginia." i In the Henry Holt and Company edition of Doyle, Henry Fleet is called Henry Clay, probably a typographical error. 31 the town of Saint Mary was named, on the 9th of May, 1634, there was assigned to Fleet two thousand acres on St. George's River, St, tjeorge's Hundred, subsequently known as the Manor of West Saint Mary. He was a member of the Assembly in 1638, as was his brother Edward who accompanied him in 1631 to the Falls of the Potomac, and also two other brothers, John, and Reynold or Rainold. When the troubles growing out of the civil war in Eng- land began, Fleet moved to Virginia, and in Decem- ber, 1652, he was a member of the Virginia Legisla- ture, and in 1654 was appointed interpreter for a proposed expedition against the Indians. Fleet's Point, which appears on the IT. S. Coast Survey Map of 1860, between the 37th and 38th degrees of lati- tude, probably indicates where he once dwelt. In 1665 Captain Fleet's house was a stopping place for travellers, and for improper conduct there, a Mr. Carline and a woman servant from Maryland were tried by the Rappahanock Court, and the former was fined, and the latter was ordered to have thirty lashes.' GEORGE EVELYN. Robert Evelyn, of Godstone, on the 18th of March, 1590, at St. Peter's, Tower Hill, London, married Susanna, daughter of Gregory Young, of London, who was about twenty years of age. Their son George was born, in London, on the 31st of January, 1582-3, and on the 24th of October, 1620, entered as a student at Middle 1 See Hanson's "Kent County, Maryland.''^ Temple, and afterward married Jane, daughter of Richard Crane, of Dorset. His brother, Robert,' with his uncle, Capt. Thomas Young, in the summer of 1634, exj^lored the Delaware River as far as the falls. In December, 1()34, Robert sailed for England, bearing letters from Governor Harvey, of Virginia, and did not return until about the year 1637, having beeti appointed Surveyor General ot Virginia, in the place of Gabriel Hawley, deceased. His brother, George, about this time arrived at Kent Island as the agent of a firm of London mer- chants. At first he slightingly spoke of Governor Cal- vert and asked these questions : "Who was his grand father but a grazier? What was his father? What was Leonard Calvert himself at school but a dunce and blockhead?" But soon he became a supporter of Lord Baltimore, and an opponent of Clayl)orne, for whom he had professed friendship, and by a power of attorney from the London firm took possession of their property, which had been held by Clayborne. After the avowal of friendship to the Proprietary he was commissioned in November, 1637 as "' The first commander of Kent Island," and was a promi- nent member of the Assembl}' which convened on the following January. At Piney Point on the Po- tomac he obtained a grant of three hundred acres called the "Manor of Evelinton," and on April 3, 1638, entered lands for Daniel Wickliff, Randall Revell, Thomas Hebdan and other persons.^ The next month 1 His father, also Robert, is vaitl in the "Evelyns of America" to have visited Vir- ginia, before A D IHIO, and to have subscribed seventeen pounds as an Adventurer of tlie Virginia Company, ot London. 2 "Founders of Maryland " p 54. he assigned all interest' in the Manor " to his dear brother Robert Evelyn," and went to Virginia and from thence to England. His cousin John Evelyn, the author of "■ Sylva " in his Diary under date of 26th of February 1649, writes: "Come to see me, Captain George Evelyn my kinsman, the great traveller and one who be- lieved himself a better architect than really he was, witness the portico in the garden at Wotton ; yet the great room at Albury is somewhat better un- derstood. He had a large mind but he overbuilt everything." Under the date of 8th of June, 1653, is this entry: "Came my brother George, Capt. Eve- lyn the greate traveller," and some others whose names we omit," In 1653 Captain George Evelyn furnished a design for a Doric i^ortico which was built in front of the hill at Wotton. In the central niche was a stone statue of Venus holding a dolphin out of whose mouth ran water, which still exists in a good state of preservation.' In 1640 George Evelyn purchased lands in James City County, Virginia, which on the 28th of April, 1650, he gave to his second son Mountjoy. The wife of Col. Daniel Parke, the ancestor of late G. W. Parke Custis, of Arlington, Va., was a Miss Evelyn, and his daughter Lucy married Col. William Byrd, and part of the Byrd estate at Westover, on the James River, Va., was called Evelington.' 1 Streeter's "First Commnnder of Ken) Island." p 43. 2 "Evelyn's Diary," liohii Kdition, 1863, vol. I, pj). 257-298. 3 Scull's " I'.veli/ns in America," p. 357. 4 Scull, p. 3. 34 VII. BALTIMORE S DISPUTE WITH JESUIT MISSIONARIES. The Jesuit missionaries, in disregard of the com- mon law of England/ and without consulting the Projjrietor of the Province, had obtained lands from the Indians, and also under the terms of the Pro- prietary law entered thousands of acres for the use of the Society of Jesus. Lord Baltimore saw that if this course was to continue he would incur the displeasure of England, and perhaps have his char- ter revoked. He therefore appointed John Lewger, his college friend, once a clergyman of the Church of England but at that time a Roman Catholic, Sec- retary of the Province, with instructions to correct the abuses of the Jesuit Fathers. Upon his arrival in Maryland Lewger made known the wishes of Lord Baltimore, and "insisted that all grants of the land should be vacated, whether from the Indians or from the Proprietary, to Thomas Copley, who held the land for the use of the So- ciety." He also had laws passed asserting the supremacy of the General Assembly in matters temporal, and the regulation ot marriage. The Fathers resisted the Proprietor, and wrote to Father Henry More, who immediately appealed to the Propaganda, and in his Memorial to the Cardinal Prelect uses this language : " The Fathers of this Society warmly resisted this foul attempt, profess- ing themselves ready to shed their blood in defence 1 Johnson, p. 63. 35 of the faith and liberty of the church, which firm- ness greatly enraged the Secretary [Lewger], who immediately reported to Baron Baltimore that his jurisdiction was interrupted by the Fathers of* the Society, whose doctrine was inconsistent with the government of the Province. Hence the said Baron being offended, became alienated in his mind from the Fathers of the Society of Jesus, and at first, ipso facto, seized all their lands and let thenu to others, as though he was the Lord and Proprie- tor of them. ****** r^Y^Q ^^[^ Baron, with others favorable to his opinons, began to turn his attention to the expulsion of the Fathers and the introducing others in their stead, who would be more pliable to his Secretary. Therefore he proceeded next year to petition the Sacred Congre- gation of the Propagation of the Faith in the name of the Catholics of Maryland, to grant a prefect and priests of the secular clergy faculties for the same mission. ***** Bxit the Sacred Congre- gation being entirely ignorant of these matters, granted the petition, and in the month of August, 1641, faculties were expedited from the Sacred Con- gregation, and were transmitted to Dom Rosetti, now Archbishop of Tarsus. But since, either the Prefect is not as yet appointed, or the faculties de- livered, but are as yet, it is hoped, in the hands of Father Phillips, the confessor of the Queen of Eng- land, the Provincial humbly begs of your Eminence to deign to direct that the said faculties may be re- pealed if the matter is yet entire, or if by chance the faculties are delivered, that the departure of new priests may be retarded for so long as to allow 36 the Holy See to decide upon what is best for the good of souls. " The Fathers do not refuse to make way for other labourers, but they humbly submit for considera- tion whether it is expedient to remove those who first entered into that vineyard, at their own ex- pense, who for seven years have endured want and sufferings, who have lost four of their own confreres laboring faithfully unto death.'" In September, 1642, two priests in England de- sired to join the Maryland mission, but Baltimore declared that " he could not in prudence allow them to go unless an agreement was first made." On the 5th of October. Baltimore's sister, the wife of Wil- liam Peasley, wrote: " I have been wit hmy brother, but he is inexorable until all conditions be agreed upon by you." It had been agreed by the Provincial of the So- ciety of Jesus in England," among other i)oints, '' that no Jesuit shall be sent to Maryland without the license of the said Lord Baltimore and his heirs having been first obtained." It was also agreed in this language: "Since it is sufficiently clear that Maryland depends upon England, that it could not support itself unless they frequently sent over sup- plies of necessaries, and since it is not the less evi- dent that those privileges, exemptions, etc., which are usually granted to eccesiastical persons of the Roman Catholic Church by Catholic princes in their IThis Memorial was first luiblished in full in Foley's '• Jiccordx of the Kngluh Province of the Society of JcsusV Lotidoii, Burns & Gates. 1878. In 1881 it \va^ republished by Neil! as an appendix to an article in vol. V ot" Pennsylvania Histor- ical Society Mngozine." It also appears in Hradley T. Jolinson's " i''ou7ialtimore was injurious to the in- terests of the Proprietor. The fact that the Jesu- its held themselves above the laws of England, not only retarded immigration to the Province, but led- to serious political complications. The members 38 of the House of Commons on the 10th of December, 1641, presented an address ' to Charles the First at Hampton Court, in which they complained that he had permitted another State moulded within this State; independent in government; contrary in in- terest and affection, secretly corrupting the ignor- ant or negligent professors of religion." Lord Baltimore after this began to enlist Puritan influence to increase the population of the Province. Governor Winthrop of Massachusetts on the 13th of October, 1643, writes in his journal : " The Lord Bal- timore, owner of much land in Virginia, being him- self a Papist, and his brother, Mr. Calvert, the Gov- ernor there, being a Papist also, but the colony consisting of both Protestant and Papist, he wrote a letter to Capt. Gibbons, of Boston, and sent a commission, wherein he made a tender of land in Maryland to any of ours that would transport them- selves thither, with free liberty of religion and all the privileges which the place affords, paying such rent as should be agreed upon; but our Captain had no mind to further his desire, even had any of our people temptation that way." The agitation for toleration in worship began to increase in England.^ In a work called the " Com- passionate Samaritan" it was requested "that the 1 Rushworlli • 2 I/ord Robert Brooke, who fell In battle in IHJflat r.itchfield, in liis "Treatise on Episcop'icii, ' wrote : " I must coi'fes-* I betjiii to think there may besometliintj more of tiod in tiiesi- seels wh ch they call new seliismstlian appearat first {•linipsi;." John Milton, in his speech for the liberty of nnlicenM> as also the great hindrance of the so much to be desired propagation of the Gospel of Jesus Christ in the purity tliereof in all parts of the world, * * * * * do by these presents grant unto the said petitioners and to all others that do or shall here- after inhabit or abide in those parts of the world that shall join with them * '■• ''' protection, im- munity and freedom from all trouble and molesta- tion by and for any ceremony or imposition in the 1 The Committee were: — Lords Wnrwick, Artli. Haslerigg, Pembroke. Keii Hydiard, Manchester, II Vayne, Say and Seale, Cornelius Holland, P.Wharton, Myles Corbett. 41 matter ot God's worship, and do here))y require all the Governors '^ '■' * "^' '•' and all the inhab- itants whatsoever within the ports and throughout the coast of America, as aforesaid, to suffer them quietly, freely and peaceably to worship God ac- cordingly in those Islands, and also in all other parts and throughout the coasts of America as afore- said. And if in case they shall at any time or times hereafter think fit to remove or transplant them- selves or their habitations, or any of their goods or estates, to any other part of America, not only for to suffer and permit them, with all that is theirs, so to do without let or disturbance, but also to afford them all necessary aid, help and assistance therein, as the}' will answer the contrary and the high con- tempt of the power and authority of Parliament aforesaid;'' In 1646 Governor Sayle, of Bermudas, and the clergyman Golding, hj way of Boston, went to Eng- land in the interests of a free church. On his way Sayle invited the Planters of James River, Virginia, whose pastor was formerly Gover- nor Berkeley's chaplain, the liev. Thomas Harri- son, to unite with them in a settlement on an isle of the sea. On November 2d, 1646, by the hands of the same Captain Edward Gil)bons that in 1643 had borne Lord Baltimore's letter, he sent a note to Governor Winthrop, in which he wrote: " Had your proposition found us risen up, in a posture of re- moval, there is weight and force enough [in yours] to have stricken us down again." It is pos- 1 For the full text see Lefroy's "Bermudas," vol. 1, pp. COl-603. 42 sible that Winthrop, of Boston, may have proposed that Harrison and his church members should set- tle in Maryland, instead of starting to a distant island.' About the time that Governor Sayle- reached London, on the 24tli of NoveiAber, 1646, the Planta- tion Commissioners reported to Parliament: "That Lord Baltimore had v\qckedly broken his trust, and asked that they might be authorized to appoint the Governor and other officers of Maryland." Tn the language of Charles the Second, then an exile at Breda, in a commission appointing Sir William Devenant Governor of Maryland, Baltimore "did visib}^ adhere to the rebels of England," from this time until the restoration. To serve his interests in Maryland he w^as willing to remove Roman Catho- lics and appoint a Governor and other officers who would be pleasing to Parliament. His consultations were frequent with the men in power. A daughter of Christopher Wandesforde, whose father had been a confidential adviser of the Earl of Strafford, and his successor as Deputy of Ireland, wntes in her autobiographj'^' that a meeting was held at her uncle's house in London, of the Close 1 In London. A. D. 1647, a treatise was published by Samuel Kieliardson with this title " The Necessity of Toleration in Matters of Keligion ; or. Certain Qnestioiis pro- pounded to the Synod tending to prove that Corporal Piinishvtenl oiiiiht not to l>e inflicted upon snch as hold errors in lieligion and that in matters of Religion men ought not to be cotnpelle'l. but have Liberty and Freedom.'^ 2 Sayle in lii-17 succcodod in forniiiifi; a company in I>ondon for the settling of one of the Bahamas Islands, with entire liberty of conscience for each settler. In October, ltl47, he rfturned to Bermudas and said. ' they had toleration in England, and that in the city of London the Epijicopai ministers did preach, the Presbyteri- ans did teach and the Independents did teach.and where the Presbyterians taught he cou d ever lind above u half score of people, but all the rest constantly full.-' (See l.efroy's "Jfernuidas" vol. I, p. 6;'.0.) Sayle went to the I-le Elenlhera in 1G49, with the a^ed ("<)i>land and others, and established a tree church, l)ut the settlement was unwucces^lnl. (Sec "A Chup- ierof Aniericnn > htirch Ilistortj" in the " \'enj Enf/'ander," New Haven. Ct., July, 1S79.) In .Inly. Iti69, t^ayle was commissioned as Governor of (aroliiui In the constitu- tion prepared by .John LocUe, the philosopher, it was provided ''that any .•^cven or more persons agreeing in any religion .'ihall institute a church or jirofession, to which they shall give some name to distinguish it from others." 3 Camden Society Publication. 43 Committee of Parliament to consult about ohe King's trial, and her uncle told her 'that Mr. Rush- worth, another of the collectors of Parliament, came to him some days before the said consult, and de- sired the liberty of a large room in his house for that day ; to give him the key of the door, that he and his company might privately pass and repass without molestation.' The company came in the morning, but not together, but one after another, and were about a dozen. He saw several disguised faces, particularly, he knew the Lord Baltimore * * * and others suspected to be Papists or fa- natics, which strange mixture did much surprise him." Harrison, the Virginian clergymen who had cor- responded with Winthrop, was in London in 1648, the year when Lord Baltimore conceded to the suggestion of the Parliament Committee on Planta- tions, and to conciliate different parties removed the Roman Catholic Governor Green, and appointed William Stone,,of Hungars Neck, on Eastern Shore of Virginia, nephew of Thomas Stone, haberdasher, of London, and brother-in-law of Francis Doughty, a Protestant clergyman, and in his commission is found for the first time the pledge ''not to disturb any person professing to believe in Jesus Christ merely for or in respect of his or her religion or the free exercise thereof." ' 1 Franc's Dovifjlity was the son of a Bristol Alderman, and is supposed to have been the Viacliiis>.i. its, and subseqnently preached to the lOnjrlish- epeakin.' nieinljer.-t of the Itefi.rnn d ■ liurch in Manhattnn Is e. now New York City He then pleached in Lower Acconiai', where Stone ri sided. In 1(5'! he re- sided in Maryland At one time he pieaclied in Settinnl>ourne parish. Virginia, atiout ten nides from tlie piantat on of John Wasi in ton. the iinmi^^rant, and while there it was ' onii)lain< tl that he was a non conformi.st." and that on one oc- 6as on " he denied the snpr nia( y of the Kinfj. contrary to the canons of the Chnrcll of England." Neill's "Viiyinia Colonial C7ei-/;i/," Philadelijliia, IbT?. di> 16-17. 1 . HI 44 Hammond, a friend of Lord Baltimore, writes as to the Puritan immigration from Virginia, showing that conferences and correspondence had been held with Lord Baltimore and his deputies after the Virginia Legislature of 1647 had expelled Non- conformists. His words are : "Maryland is counted by them as a refuge; the Lord Proprietor and his Government solicited to, and several addresses and treaties' made for their admittance and entertain- ment in that Province. * ''•' * Their propositions were hearkened to and agreed on, which was that thej^ should have convenient portions of land as- " signed them, and liberty of conscience, and privilege to choose their own officers, and hold court within themselves. "• An Assembly was called throughout the whole country, after their coming over, consisting as well of themselves as the rest, and because there were some few Papists that first inhabited, these, them- selves and others being of different judgement, an act was passed that all professing in Jesus Christ '^ should have equal justice." This writer also men- tions, that at the request of the Virginia Puritians " the oath of fidelity was overhauled and this clause added to it. ' provided it infringe not the liberty of conscience.'*"' ^ The act concerning Beligion, in April 1649, by the Maryland Assembly," was not approved by Lord Bal- timore for more than a year. In the Record Book is the following note appended, signed Philip Cal- 1 " Leah and Hachel," London 1656. 2 Tn " Dexcnption of New Albion" pr'mteA in 1648, Plowden who had reoeiitly visited the Piiritans in' Virginia anlieipatod the ideas of tlie Act of 16 19 by proposing: 1. An Act to settle and establish the fundamentals of Christianity. 2. To punii-h for contempt, such as "bitter, rail and condemn others." 3 To act in mildness, love, and charity, and gentle language, 45 vert. "An Act ot Assembly, .2 1st April 164^), con- firmed by the Lord Proprietor, by an instrument nnder his hand and seal, dated August 2()th, 1650." Lord Baltimore, in his defence before Parliament, wrote: "Although those laws were assented unto by the Lord Baltimore in August, 1 650, yet it ap- pears, that some of them were enacted in Maryland by the Assembly there in April, 1649." In another place, referring to the laws ot 1650, he uses these words. " It was one of those laws passed by the Assembly in Maryland in April, 1650, when the peo- ple there knew of the late King's death, a year after the other law above .mentioned with divers others, which were enacted in April, 1649, as aforesaid, though in the ingrossment of them all here, when the Lord Baltimore gave his assent to them al- together, August, 1650, it was written before it be- cause they were transposed here in such order as the Lord Baltimore thought fit, according to the nature, and more or less importance of them, placing the act concerning religion first. '"^ The act was contrary to the teachings of the Church of Kome, since it recognized as Christians those who rejected the Pope. During the year 1649 the zealous Philip Fisher, who had been, in 1646. carried to England, was again in the Province, and when the Assembly of 1650 met there was an ex- pression of dissatisfaction with the act. 1 Blome in his " Britannia," published in 1673, at London, mentions Lord Balti- more as one of his subscribers, and he asserts that " His Lordship by Advice of the ■Generiil Assembly of the rrovincc. hath long-siiioe established a model of j;ood and wholesome laws, with toleration of religion, to all such that profess faith in thrist." "Lord Baltimore's Case" printed in ICf).'! uses these words: " As that by (j^eneral consent of the Protestants, as well as Roman ('atholics it is established by a law there as well as freedom of conscience and cxcrcisi' of religion within that Province is to all that profess to believe in Jesus Christ." 46 The burgesses of that year were : John Hatch and Walter Blane, of St. Georges ; John Medley, William Broiigh and Robert Robins, of Newtown ; Philip Land and Francis Brooks, of St. Marys ; Thomas Matthews, of St. Inigos ; Thomas Sterman and George Manners, of St. Michaels ; Francis Posey, of St. Clements : James Cox and George Pndding- ton, Ann Arundel ; Robert Vaughan. Isle of Kent. When the delegates were to be sworn, all the Roman Catholics, four in number, objected to the principles of the act concerning Religion, passed the year before. Medley, Manners and Land thought it was not right to issue a perpetual law upon the subject, but Thomas Matthews, who came from the j)recinct where Father Fisher now lived, told the Assembly he could not take the oath of toleration, "as he wished to be guided in matters of conscience by spiritual counsel.''^ He was therefore con- demned and expelled, and Cuthbert Fenwick, for- merly the servant, and afterward the agent of Thomas Cornwallis, was returned in his place. After Lord Baltimore, in 1650, assented to the Act of 1649 concerning religion he professed fidelity to the Commonwealth, and incensed" Charles, in exile at Breda. Doyle, in " Encflislt Colonies in >lw?e>vVr/,"' writes, perhaps too severely : ''Two years later Baltimore fairly cut himself adrift from the 1 Maryland MSS 2 After the pus.sage of the Act of 1649, Charles, in exile at I'reda. save to the poet Daveiiaiit a eoniinission as Governor of Maryland It begins with this soii- ten<'e: "Whereas the Lord Baltimore, I'roprietor of the Province and Plantation of MaryUmd, in America, doth visibly adhere to the rebels of England, and admits all kinds of schismaticks and sectaries, and other ill affected persons into the said Plantation of Maryland, so that wc have cause to apprehenhea in ' limiory of Catholic Missions:' writes that Father Roger Kigbv, born in Lancashire in 1G08, entered the Society at 21 years of age; came to Alary land about 1640; carried to Virginia and died. INDEX Actof 1G49 concerniug religion. 37. opposed by Koman catholics,46. Alexander, 8ir William, 5. Anacostan Indians. 29 Ark. the ship detained, 8, 11. Arundel, of Wardour, 8. Avalon, charter of 5. Baltimore, Lord first, see Calrert George. Baltimore, Lord second, see Calvert Ctcil. Barbadoes, charter of, 5. Bermudas, non-conformists. 39. "Black George." shi]> leaks, 27. Blackmau. Capt. , receives deer, 28. Blane Walter, 46 Blome, on toleration act. 45. Blount, father Richard S .J., 5, 10. Books, earliest on Maryland, 15. Brent, Margaret 16 Brick offered by Gov. Harvey, 14. Brick made in Maryland. 25. Brickmaker, early, 25. Brome Hall, Suffolk, 16. Brooke, Francis, 46. Brooke, Lord, on toleration, 38. Brough. William, 46. Byrd. Col. of Westover, Va , 33. Calvert, George, 1st Lord Balti- more. 6. Calvert, Cecil, 2d Lord Baltimore, 7, 9 ; poor, 7, 8 ; arrangements with Jesuits. 1 ; critici.sed, 21, 46; wishes to expel Jesuits, 35; censured by Charles 2d, 42, 46; alleged fidelity to Parliment, 4.3, 46. Calvert,Leonard,Gov. embarkation 11 ; plants a cross, 15 ; poverty of, 16; criticicism on, 16, 32; flees to Vi' ginia, 23 Canada. Cornelius, an early brick- maker, 25. Cardinal Manning, error of, 11. Carlisle Earl, charter of, 5. Carolana, charter of, 5 Catholics Koman, few, 12, 14, 44. Catholics Protestant, many, 12, 14. Chalmers, George, lawyer, 6. Charter of Avalon. of Barbadoes, of Carolana. of Maryland, 5. Clayborue, William. 30, 32. Cooper. .John, Jesuit, noticed, 52. Copley, Thomas, Jesuit, noticed, 50. Coruwallis, Thomas. 11; ancestry of, 16, 17 ; his prominence, 18, 19; house described, 18, 23; assists Capt. Ingle, 23 ; is fined for sympathy with Ingle, 23 • marriage of, 25 ; death of, 2"). Coruwallis, Rev Thomas, 25. Custis, G. W. P., 33. Davenant, the poet, commissioned as Gov. of Md , 4 , 46. Deer for King Charles, 28. Dove, the pinnace, 8, 11. Doyle, on Md. Charter, 7, on Lord " Baltimore, 20, 46. Evelyn, George, ancestry of, 31 • commander of Kent. Island, 32 ; architect and traveler, 33. Evelyn. John, cousin of George, 33; diary of, 33. Evelyn, Robert, brother of George, 32 ; explores Delaware river, father of George, 31, 32. Evelyn, Mountjoy, son of George, 33. Faith of the Coloni.sts, 11. Fen wick, Cnthbcrt. 46 Ferrar, Rev Nicholas, 39. Fisher, Philip, Jesuit missionary, noticed. 48, 49. Fleet, Edward, son of Henry, 31. Fleet. .John, son of Henry, 31. Fleet, Reynold, son of Henry, 31. 54 Index. Fleet, Henry, Prolertant. 15; early trader, 29; captured by In- dians, 30; factor of Warwick, ;*.it; at Falls of Potomac, oO; in iMd. Assembly, HI ; in Va As- sinnbly. ?A. Gardiner's error as to Md- charter, 5; as to Holy cliiirch, 22 Gerrard, Richard, notice of. i:{. Gerrard, Surgeon, 29. Gervase, Thomas, Jesuit mission- ary, noticed. 50. Gibbons, Capt Edward, 38, 41. Gravener. John, .Jesuit mission- ary, noticed, 50. Hammond, on Puritan immigra- tion 44. Harrison, Rev. Thomas. 41, 42 Harvey, Gov. of Va , 14,27, 30 Hawley, Gabriel, 27. Hawley, Gov ot Harbadoes, 21. Hawley, James, 21. Hawle3", Jerome, early life. 21. Hawley, .Jeronie, notice of, 25. 28. Hawley. William, brother of Jer- ome, 21. Hayes. Timothy .Tesuit Mission- ary, noticed. 50. Hebden Thomas, 32. Hill, i:dward, 30 Holy Church, meaning of, 21. 22. Ingle. Capt Richard. 22, 23, 24. •Jesuit missions to Indians, 47. Jesuit controversv with Baltimore, 34, 37. Jesuit missionaries, notices of, 47, 52 Johnson, Bradley T. essay of. II, 14. Knowles, John, Jesuit nn.ssiouary, noticed 51. T.and Philip. 4r> Laud, Archbishop, 27. Lcwger, John, Secretary, 12, 13,20. Lewger, .John, offends Jesuits, 13. Lindsey, James, servant, 16 Manners, George. 46. Manning. Cardinal inaccurate, 11. Matthews, Thomas, 46. Maryland charter restrictive, 5, 6; oi)inions on, 6, 7. More, Henry, Vice Provincial, S. J., 12; "censures Lewder, 12, 13 ; declares that Roman Cath- olics are lew and poor, 12, 14. Morley, Walter. Jesuit missionary 52. Newport, Capt. plants a cross, 14. Northey. Sir Edward, on Md. charter, 6 Nova Scotia, charter of, 5. Oath, of allegiance. 8, 27 Oath of fidelity overhauled, 44. Paschatoway, 15. Penington. Admiral, 8. Peasley, William, 15,36. Piscataquack, 30. Plowden on toleration, 44 Protestants, a large majority, 12, 14. Puritan immigration desired, 38, 44. Poulton, Ferdinand, .lesuit mis- sionary, 51. Posey, Francis, 46. I'uddiugton, George, 46. Revel 1, Randall. Rigby. Jesuit missionary. Robbins, Robert. 46 Rogers Jesuit missionary, .50 Roman Catholi(;s, few and poor, 13, 14 ; oppose act of, 1649 Rosetti, Atchbishop, 35. St Mary, town site selected, 15. Salem, 30 Sayle, Governor, 41. - Scliarf, not ac(iuainled with Jesuit records, 14. Snow, Abel, 29; .Justinian, 28, 29; Marmaduke, 29 ; Susanna, 29. Stratford, Earl of. letters to 7. 9 Streeter, S F. misapprehennon of, 24. 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