/ ■/ »<-. THE DAY-STAR. THE DAY-STAR OP AMERICAN FREEDOM; OR THE BIRTH AND EARLY GROWTH OF - TOLERATION, IN t THE PROVmCE OF MARYLAND: A SKETCH OF THK COLONIZATION UPON THE CHESAPKAKB AND ITS TRIBUTABH8, PKECEDING THE REMOVAL OP THE GOVERNMENT FROM ST. MARY'S TO ANNAPOLIS J A Glimpse of Vie Numbers and General State of Societi/, of the Religion and Legislation, of the Life arid Planners of the Men, who Worshipped in the Wilderness, at the First llude Altar of Liberty. BY GEORGE LYM-LACHLAN JDAYIS, OP THE BAR OF BALTIMORE. NEW YORK : 0. SOKIBNER, 145, NASSAU STREET. BALTIMORE : JOHN MURPHY tt Co., 178 MARKET STREET. 1855. Entered according to Act of Congrew, In the year 1MB, by GEO. LYNN-LACHLAN DAVIS, la tbe Cl«rk'» Office of the U. S. District Court, for the District of UarylwC f \ %A 'S>^^ W. H. TISBON, STEBKOTYFBa. fiSO. BUSSELL « CO., PBINTXSa. DEDICATED TO THE STAT E 6 narrju - Porphyey c c . . T^ roi^ tteon 'i'Cfray^ —St. Padi- PREFACE The papers, I will cite, are, most of them, taken from the Archives, at Annapolis, and at London. Those at the Capital of my State, may be seen in the Executive Chamber, in the Armory, in the Hall of the Court of Appeals, in the Land Office, or in the Office of the Register of Wills. And the documents transmitted to me, were obtained, through the aid of an Index, from the EngHsh State-Paper Office. For the sake of brevity, I will generally omit the depository. The two Records designated by A. B. » service. Read approved of and ordered to be entered in the Journall of the House of Assembly. {Memorandum on the back.) Memorandum, notwithstanding the Country have often desired a proofe of the accusations this 90 THE DAY-STAR. testimony comes from tlie most respectable sources — not only from the members of the Church of Comittee charged upon some of y" Lord Pro- prietaryes Dep'y^', yet the same could never be obtained, or was any wayes made appear. {Indorsed.) " Report of the Comittee of Secrecy, touching the late Governm*. Copy. " Rcc^ fro ye L"^ Baltemore, 31 Dec. 1689." Voted in Assembly, 28 Aug., 1689. I beg to invite especial attention to the narrative of Mrs. Smith : .5. P. 0. \ T. Mayyland > l.\. B.D.ll.) NARRATIVE OF MRS. BARBARA SMITH. 30 Dec. 1689. S.P. B. T. Vol. The Narrative of Barbara wife of Richard Smith of Puttuxent River in Calvert County in the Province of Maryland. Upon the 25 th of March last a rumour was spread abroad about the mouth of Puttuxent River, that ten thousand Indians were come down to the Western branch of the said river. "Whereupon my husband went up to the said Western branch, where he found Doe Indians, but there a strong report that nine thousand were at Matapany, and at the Mouth of Puttuxent, and that they had cutt off" Capt. Bournes family, and had inforted themselves at Mata- REVOLUTION OF 1689. 91 Rome, but also from many of the most prominent Protestants of the province ; inchiding the Honor- pany, ; which was all false. Upon these rumours the country rose in amies, but after diligent search and inquiry in all parts of the Province, this rumour was found to be only a sham, and noe Indians any where appeared to disturb or molest any the people of our Province. All which reports I doe verily beleeve were designedly spread abroad to incite the people to rise in armes as afterwards by the like sham they were induced to doe. For in the latter end of July following one Capt. Code, Coll. Jowles, Maj"" Beal, Mr. Blakiston, with some others appeared in armes, and gave for their pretence that the Papists had invited the Northern Indians to come down and cut off the Protestants, and that their descent was to be about the latter end of August when Roasting Eares were in season, & that they therefore rose in armes to secure the Magazine of Armes and Amunition and the Protestants from being cut off by the said Indians and Papists. This was their pretence to those they found very apprehensive of the said Indians ; to others they .said their designe was only to proclaim the King and Queen ; but when the aforesaid persons with some others had gathered together a great number of People together, they then came and seized upon the Government, who withstood them first at St. Maryes in the State House where the Records are kept, whom the said Code and his party soon overcame and seized upon the Records, from thence he proceeded with his party to Matapany House wherein Coll. Darnall with some forces, as many Protestants as Papists, had garisoned themselves, but were soon forced to capitulate surrender and yield to the said Code and his party. They haveing thus possessed themselves of the governm', one Johnson master of a ship being bound for England, they gave him charge he should carry noe letters but what was Beat from themselves, & my husband they arrested and put in 92 THE DAY-STAE. able Thomas Smyth, the ancestor of the Smyths of Trum^^ington, subsequently of Chestertown ; prison for fear he should goe for England with the said Johnson to give an accompt of their proceedings, and as soon as the said Johnson was gone they released him again. The said Cole and his complices then sent out letters to all the Countyes of the Pro- vince to choose an Assembly. What was done in the rest of the Countyes besides Calvert and Ann Arrundell I am not acquainted with, but when the s^ letters for the chooseing of Burgesses came to our Sheriff to sumon the people for that purpose, he refused the same. They then went to Mr. Clegatt, Corroner, and he alsoe refused (who are both Protestants). Whereupon Coll. Jowles rode about to give the people notice himself. When the County were come together most of the Housekeepers agreed not to choose any Burgesses, and drew up an abhorrence against such proceedings ; y^ which election was alsoe much opposed by our Sheriff. Where- upon Coll. Jowles gathered his souldiers and caused the election to be made by the number he had, which was not above twenty, and of them not above ten that were capable of electing. Coll. v/ Jowles himself and Maj"* Beal his next officer were returned for two of the Burgesses elected, and because Mr. Taney, the Sheriff, & my husband endeavoured to oppose the said Election, the said Code caused them to be put in Prison. Neither for this Election nor in their cause did almost any of our county appear that were men of estates or men of note, but they to the contrary pub- lished an abhorrence against such proceedings, and were them- selves, as are most of our County, Protestants. The County of Ann Arrundell, which is accounted the most populous and richest of the whole Province, and wherein is but one Papist family, unanimously stood out, and would not elect any Burgesses. About the 21st of August the Assembly of their calling met, before whom was brought Mr. Taney our Sheriff and my husband ; and THE PROTESTANT REVOLUTION. 93 from Major Joseph WickeSj at one time chief jus- tice of the County Court, and many years a Capt. Code and his complices haveing pretended they had the Kings Proclaraa" for what they did, my husband demanded to see the same ; but their answer was, take him away, Sheriff. Mr. Taney likewise asking them by what authority he was called before them, Code answered What, this is like King Charles, and you are King Taney,take him away. Notwithstanding upon the said Code's riseing as before is said, their pretence was cheifly to secure the Country against the Indians, yet all this while nor untill my comeing away which was the 26th "of September last, there was not the least appearance of any forreign or home Indians comeing to disturb us. What was their further proceed- ings in their Assembly I am not able to give any acco' of, but Mr. Taney and my husband were detained prisoner at my comeing away. ^Signed) Barbara Smith. Dated in London, the 30/^ of December, 1G89. (Indorsed) " Mrs. Smith's Narrative of the troubles in Maryland." The testimony from the Protestant county of Kent is exceed- ingly valuable : ADDRESS OF PROTESTANTS OF KENT COUNTY. November, 1689. S. P. 0. ^ '. T. Maryland, v rol.\,B.D.A\. ) B. Vol To THE King's Most Excellent Majestie : — Wee your Majesties most loyall and dutyfuU subjects the ancient Protestant Inhabitants of Kent County in your Maj''*» Province of Maryland, who have here enjoyed many halcyon dnyes under 94 THE DAY-STAR. distinguished representative of Kent; from tlie Honorable Henry De Coiircy (then written Cour- the imediate Governm' of Charles Lord Barou of Balteraore and his hon''i« !Father, absolute Lords Proprietaries of y« said Province by charter of your Royall Progenitors, wherein our Rights and Freedoms are so interwoven with his Lordships prerogative, that wee have allwaies had y^ same liberties and priviledges secured to us, as other your Majt'^s subjects in the Kingdome of England. And wee againe by vertue of the said Charter (as it enjoyned us) have alwayes paid our obedience to the said Lord Baltemore and his hon^'« Father, by whom equally and indifferently were justice, favour, authority & preferment administered, bestowed con- ferred and given to and upon your Maj^'^s subjects of all perswa- sions : Doe in prostrate and humble manner testifie to your Ma"* that we abhorr & detest y« falsehood and unfaithfuUness of John Coade and others his Associates and Agents, who first by dispersing untrue reports of prodigious armies of Indians and French Papists invadeing us, did stirr up unjust jealousies and dismall apprehensions in y* less cautious sort of people of this Province, and then haveing thereby created unnecessary feares & disposed y« people to mutiny and tumult, made further insur- rection, and extorted the lawfull governm' from the Lord Pro- priety, who was alwayes as ready to redress our aggrievances as wee to complaine. And now the said John Coade and his accom- plices haveing assumed the Government upon themselves, and procured a Convention to be tumultuously assembled, did tyran- nically imprison, restrain and turn out of civill and military Comission severall of your Maj^'^s good subjects of unquestion- able loyalty and affection to the Church of England, who approved nott of his actions, and who might justly by your Maj''^^ proclamation have continued in authority, and done your Maj''« good service. And those Delegates in that manner con- THE PKOTESTANT REVOLUTION. 95 sey\ a descendant, it is strongly presumed, of an illustrious Anglo-^Norman family, and a perfect vened, (being part or most of them factious persons of no com- endable life and conversation) have arbitrarily decreed and ordained many things to the inconvenience of your Majesties people, placed the Militia of severall Counties in the hands of unworthy and infamous persons ; and the better to make their decrees to be observed, many of the said Delegates have procured themselves to be putt in judiciall places, to the terror of your Maj''e* more peaceable subjects. From the. dangers and apprehen- sions whereof, Wee your Majesties most loyall, duty full, and Pro- testant subjects, in these our Addresses humbly crave by your Princely care and prudence to be freed and enlarged, and that the Government together with your Maj''"* favour and a lasting settlement may be again restored to the Rt. Hon'''« Lord Balte- more, which will make him and us happy, and give us new occa- sion to bless God, and pray for your Maj''«« life and happy reign. (Signed) Wm. Frisby, Henry Coursey, Griflath Jones, Josh. Wickes, Robert Burman, Jno. Hynson, Philemon Hemsley, George Sturton, Simon Wilmer, Lambart Wilmer, William Peckett, Gerrardus Wessels, Josias Lanham, Richard Jones, Thomas Ringgold, Philip Conner. Tho. Smyth, {Indorsed) " Kent County in the Province of Maryland. Address to His Maj'y." N.B.— There are several other addresses from various Counties, with numerous signatures. R. L. 96 THE DAY-STAR. master of the whole aboriginal diplomacy of that period ; from Michael Taney, the high sheriff of Col. Darnall was a Roman Catholic. But he surely should be allowed to speak : COL. HENRY DARNALL'S NARRATIVE. 31 Dec, 1689. S. P.O. \ B. T. Maryland, V Vol.\,B.D.U. ) The Narrative of Coll. Henry Darnall, late one of the Councill of the Rt. Hon''i« y« Lord Proprietary of the Province of Maryland. On the 15th of March last Coll. Jowles sent word to the Coun- cill (then at St. Maryes) that three thousand Indians were comeing down on the Inhabitants, and were at the head of Puttuxent River, and required armes and amunition for the people to goe against the said Indians, all which was with all expedition sent him by Coll. Digges. The next morning I went up myself to Coll. Jowles, where I found them all in armes, and they told me they heard there was three thousand Indians at Matapany (from when I then came). I assured the People it was a false report, and oflfered myself to goe in person if they could advise me where any enemyes were, Indians or others, whereat they seemed very well satisfied. I began to suspect this was only a contrivance of some ill-minded men, who under this pretence would raise the Country, as by what happened afterwards we had reason to beleeve. Upon the most diligent search and enquiry into this whole matter, noe Indians any where appeared, and when ever any messenger was sent to the place where it was said the Indians THE PEOTESTAKT REVOLUTION. 97 Calvert, and the ancestor of the present chief jus- tice of the United States ; from Richard Smith, a were come, there the Inhabitants would tell them they heard they were landed at such a place ; but after long search from place to place and noe sign of any Indians, the people were pretty well pacified, and Coll. Jowles himself wrote a Remonstrance (the copy whereof is here inclosed) which he signed, as did severall others who had the examination of this matter, the which was published in order to quiet the People, who in a few dayes seemed to be freed from their apprehensions. From this time untill the 16th of July foil, the country was all quiet and noe appearance of any enemy to disturb them, Indians or else. On the said 16th of July, a messenger came to me at Matapany, in the night time, to acquaint me that John Good was raiseing men up Potowmeck ; whereupon I informed the Councill thereof, who immediately dis- patched a person to know the truth ; but the said person was taken by Good as a spy and by him kept, soe the Councill had noe notice untill two dayes of any thing, when they were assured that Good had raised men up Potowmeck, and that some were come to him out of Charles County, who were all marching down toward St. Maryes, and in their way were joined with Maj"" Camp- bell and his men. Coll. Digges, haveing notice whereof, got toge- ther about an hundred men, and went into the State House at St. Maryes, which Good, and his party came to attack, and which Coll. Digges (his men not being willing to fight) was forced to surren- der, wherein were the Records of the whole Province, which Good and his party seized. In this while Maj'" Sewall and myself went up Pattuxent River to raise men to oppose said Good and his party, where wee found most of the OfiScers ready to come in to us, but their men were possessed with a beleef that Good rose only to preserve the country from the Indians & Papists, and to 5 9b THE DAY-STAR. brave and generous spirit, connected with the family of Somerset, and the forefather of the proclaim the King & Queen, and would doe them noe harm, and therefore would not stir to run themselves into danger ; soe that all the men we could get amounted not to one hundred and sixty, and by this time Good's party were encreased to seaven hun- dred. The Councill seeing how the people were led away by false reports and shams, in order to quiet them and give them all imaginable assurance they were clear and innocent of inviteing the Indians down, as was laid to their charge, offered to make Coll. Jowles (who was the cheif of their party next to Good) Gen" of all the forces in the Province, and sent such an offer to him, who returned a very civill answere, that haveing comuni- cated what we wrote to his own men he had with him, they were extreamly satisfied therewith, and gave us hopes he would come down to us ; but to the contrary he went & joined Good at St. Maryes, to whom and to all then in armes there, the Gouncill sent a Proclamation of pardon, upon condition they would lay down their armes and repair to their respective habitations : the which Good (as we were credibly informed) instead of reading to the People what was therein contained, read a defyance from us, thereby to enrage and not to pacify them. Good and his party haveing thus made themselves masters of the State House & the Records at St. Maryes, borrowed some great gunns of one Gaptain Burnham, master of a ship belonging to London, and came to attack Matapany House, the which when he came before, he sent a Trumpeter & demanded a surrender. Wee desired a parley and personall treaty in the hearing of the People, which Good would never consent to. We knew if we could but obtain that in the hearing of the People, we should be able to disabuse them and clear ourselves of what they were made beleeve against us j but THE PROTESTANT EEVOLtTTION. 99 Smiths of St. Leonard's Creek, and of the Dula- nys and the Addisons ; and from Captain Thomas Claggett, the progenitor of the first Anglican bishop of Maryland. The opposition of these Protestants is, indeed, honorable, in the highest degree, to their memory. Taney was one of the this we could never get at their hands, but to the contrary they used all possible meanes to keep the People ignorant of what we proposed or offered, and made use of such artifices as the follow- ing, to exasperate them. They caused a man to come rideing Post with a letter, wherein was contained that our neighbour Indians had cut up their corn and were gone from their towns, and that there was an Englishman found with his belly ript open, which in truth was no such thing, as they themselves owned after Matapany House was surrendred. We being in this condi- tion and noe hopes left of quieting or repelling the People thus enraged, to prevent efFasion of blood, capitulated and surrendred. After the surrender of the said house, his Lordships Councill endeavoured to send an acco' of these transactions by one John- son master of a ship bound for London, to his Lordship, the which the said Johnson delivered to Good. When we found we could send noe letters, Maj"" Sewall and myself desired of Johnson we might have a passage in him for England, to give his LordsP acco' of matters by word of mouth, which the said John- son refused, upon pretended orders to the contrary from Good. Whereupon Maj' Sewall & myself went to Pensylvania, to endeavour to get a passage there ; upon which Good and his party to occasion to give out we were gone to bring in the Northern Indians ; but we missing of a passage there, came back and stayd in Ann Arrundell Gounty (who never had joyned with 100 THE BAY-STAR. victims of a cruel imprisonment, accompanied with gross insults and indecent taimts, in conse- quence of his cool and inflexible refusal to sanction the iniquitous proceedings of Col. Jowles, and the other leaders of the revolution. Smith also was a victim. Good and his party) until the 26th of September, when (Maj' Sewall then being sick) I myself got a passage hither in one Everard. As to their proceedings in their Assembly, I can give noe acco*, only that they have taken severall Prisoners. (Signed) Henry Darnall. London, December Z\st, 1689. {Indorsed) " Coll. Darnall's Narrative of the troubles in Maryland. 1689." The following is from the ancestor of the Chief Justice ; MR. MICHAEL TANEY TO MRS. SMITH. 14 Sept., 1689. 8. r. 0. ) B. T. Maryland^ . Vol. 1, B. 2)., 26. ) Madam Smith : — I doubt not but you have heard what pretence those gentlemen who have lately taken up arms here in Maryland, in their majes- ties' names (to pull down y« lawful authority of y^ Lord Ballta- more here, which he held under their said majesties), makes for my confinement in prison along with your husband, the which I EKECTION OF COUNTIES. 101 Besides Anne Arundel and Charles, six counties, between the years 1649 and 1698, were erected — hope neither you nor any good Christian or moral honest man or woman, which ever had any acquaintance with my life and con- versation, will credit ; and that you and all persons to whom this shall come, may know what I have done, whereby they ground their pretence. I therefore hereafter write down y'' heads of the whole (viz.) : At the first of my knowing of their taking up arms, which was some time in July, 1689, I endeavored, with what arguments I could use, to persuade all people, but chiefly Col. Jowles (my now chief enemy), to lie still and keep the peace of y^ country, until their majesties' pleasure should be known ; for that I looked upon it to be rebellion for persons here, without order from their majesties, to take up arms against y« lawful authority, which then rested in y^ lord proprietary under their majesties, as I did conceive ; which arguments, with some, I presume, prevailed, so that they lay still, but not with Col. Jowles. Then afterwards, when they besieged Mattapony, I went first to the gentlemen's camp, and afterwards to Mattapony, and, as an instrument of peace, so far as I could with my weak endeavors, Mr. Marsham being with me, persuaded both parties to comply without shedding blood, and accordingly they did. At which time Mattapony by y* Governors being surrendered, and the magazine of arms and ammunition all over the country, as soon as they possibly they could, seized on by those gent., so that they had the strength and command of most of y« country in their hands; and all papists in general desisting to act any further in government and office : but Col. Jowles and y« rest of those gent., not content to rest there, or not thinking themselves safe in what they had done, sending out precepts in their majesties' names, requiring the sheriff's of each county to warn the people to meet together and choose delegates and representatives to meet and 102 THE DAY-STAR. four upon the eastern, and two upon the western shore. And at the period of the Protestant revo- assemble together, under pretence of settling affairs ; and also a proclamation that all officers not being papists, or having been in actual arms, nor any ways declared against their majesties' service, honor, and dignity, should continue in their places', and also a declaration of their own aggrievances to be publicly read; and Col. Jowles showing me some of those papers, being directed to me, as sheriff of Calvert County, I not being willing to execute their commands, endeavored to excuse myself, saying, I look upon myself, by y« surrender of y^ government, to be discharged of my office. Whereupon Col. Jowles took some other course to have it done ; but afterwards I finding most people of our county, and being informed it was so generally through y^ country, that all people, except such as had been in arms or abetters to their cause, was willing to remain as they were, until their Majesties plea- sure should be known, and I conceiving that my consenting to choose delegates and representatives to sit in such Assembly, and they countenancing the thing that was done, although they were awed to it, would make me guilty as well as they that did it ; therefore I resolved not to choose, nor consent that any should be chose ; however, being modest forbore railing or speaking grossly of what was done. And when the time appointed was come for y« election, Col. Jowles and divers of his soldiers being at y^ place, and I also and divers of the better sort of the people of our county, discourse arose about choosing representatives, and I and many others, being much the greater number, argued against choosing any. Amongst which discourse. Col. Jowles threatened that if we would not choose representatives freely, he would fetch them down with y" long sword, and withall required y« deputy clerk to read some papers that he had. Whereupon I asked Col. Jowles whether those papers were their majesties' authority, and ERECTION OF COUNTIES. 103 iution, the population of the province, we may suppose, was not less than twenty-five thousand; if they were I would read them myself, if not, they should not be read. But he still bid y^ clerk read them. Whereupon I said to him and the rest of y« company, " Gentlemen, if the lord pro- prietary have any authority here, I command you, speaking to y« clerk, in y« name of y« lord proprietary, to read no papers here. Whereupon Col. Jowles went away in great rage, saying he would choose none, yet, afterwards, having got some of his soldiers to drink, he and they did somewhat which they called a free choice, and I and many more of the better sort of y« people set our hands to a paper, writing that expressed modestly and loyally some reasons why we were not willing to choose any representatives to sit in that intended assembly. For which doing I was fetched from my house on Sunday y« 25th of August, 1689, by James Bigger and six other armed men, by order of the persons assem- bled at y« command of Coad and his accomplices, and kept close prisoner at y« house of Philip Lynes, under a guard of armed men, and upon y« 3■ 2184 and for loss of their time, 101b. Tobacco per day, with cask, ) 000 Mr. Thornborough, for 21 days, 210 George Manners, for 16 days, 160 To Mr. Fenwick for his trouble at this Assembly, . . . 1200 For Mr. Bretton, 210 For Capt. Vaughan for going to the eastern shore, and sending down a boat and hands to St. Mary's, .... 500 [ For the clerk of the Assembly, for 25 days, at 501b. per day, . 1250 FRAGMENT OF THE JOURNAL OF 16J:9. 131 year/ and the facts already given by Bozman and other historians, it will be easy for ns to ascertain, The sixth part of which 1250 Kent is to pay . . . 208 St. Mary's county to pay the rest, being .... 1042 For Mr. Conner for the charge of this Assembly, . . . 1342 The committee finding it just to be levied per poll, as we con- ceive. CUTHBERT FeNWICK, \ PhILIP CoXNEK, RicEtAKD Bajnks. v Richard Browne, ) Walter Peake. See Land Records, Lib. No. 2, pp. 488-489. * " April 29th, 1650. — We, whose names are hereunder written, declare, that our intents in passing the Bill the last year, entitled an Act for the support of the Lord Proprietary (and do verily believe, that the intention of the whole House then was), that these words in the law, viz., * touching the late recovery and defence of the province,'' is only meant thereby, that those sol- diers who came up in person with Governor Calvert, deceased, out of Virginia, and those others who were hired into the Fort of St. Migo's, for the defence and preservation of the province, and government reassumed by him ; and other just arrears incurred during that time in the said Fort, should be satisfied by virtue of that Act ; and no others. Wm. Stone, Thos. Green, John Price, John Pile, Thomas Hatton, Robert Vaughan, Cuthbcrt Fenwick, William Bretton, George Manners, Robert Clarke. " 29 th April predict. It is thought fit by both Houses of this present Assembly, that the act above-mentioned be understood and judged upon according to the intentions expressed in the declaration above-written. Concurred, nt supra. Assented ut supra. Land Record?, Lib. No. 3, p. 345. 132 THE DAT-STAR. beyond the shadow of a doubt, who were the Assemblymen of 1649.' * The inference from the preceding fragment of 1649 is fully established by the analogy drawn from the Journal of 1650 — remembering, however, that Mr. Fenwick took the place of Doctor Mathews (see Bozman), and (what is also well known) that Messrs. Cox and Puddington were sent from Anne Arundel county. " Return from the Sheriff of St. Mary's, 2d of April, 1650. "All and every the freemen of St. Mary's county have been summoned, according to the direction of those summons, and have made choice of these burgesses following for every hundred, viz. : — -n OL rt » 1. J J ( Mr. John Hatch, For St. George's hundred, •< ( Mr. Walter Beane. { Mr. John Medley, For Newtown hundred, ) Mr. Wm. Brough, ( Mr. Robert Robins. For St. Clement's hundred, Mr. Francis Posey. ( Mr. Philip Land, For St. Mary's hundred, | ^^^^ ^^^^^.^ ^^^^^^^ For St. Inigo's hundred, Mr. Thomas Matthews. For St. Michael's hundred, i Mr. Thomas Sterman, ( Mr. George Manners. •• Which I humbly certify, in return hereof. Nicholas Gwyther." See Land Records, Lib. No. 3, p. 47. " Return from Kent, April, 5, 1650. " These summons were duly executed, and by virtue thereof, I was by the major part of the freemen, chosen burgess for the Isle of Kent county, which I do certify, in return hereof. '* Robert VAUGHiusJ." Land Records, Lib. No. 3, p. 47. COKRESPONDINa DOCUMENTS, 1650. 133 It will be remembered, that Cecilius, tlie pro- prietary, notwithstanding his residence in England, 0400 I 0600 Common Charges to be levied by equal Assessment through ye whole Province. April 21th. " The committee brought in the country's charge, For Wm. Lewis, for his attendance and bringing down Indians last year, For Matthias Briant for carrying ye governor's letter, . . 0100 For pressing Mr. Chappel's boat, 0200 For Francis Martinson, for going to Anne Arundel and Kent counties, For the cleric of the Assembly, for 24 days at 501b. per day, . 1200 For Philip's attendance on the burgesses, &c., .... 0420 For ye Sheriff, for his attendance on the House, . . . 0500 8420 Same Lib., p. 59. '* The Committee^s Sill of Charges, this Assembly, brought in 27th April. Allowing:— St. Mary's, {Robert Robins, for 27 days' attendance, at 501b. per day, 1360 Mr. Wm. Brough, for 21 days, at 501b. per day, . . 1050 John Medley, for 14 days, " "... 0700 To Mr. Philip Land, 26 days, " " • . . 1300 C John Hatch, 24 days, " "... 1200 < Walter Beane, 24 days, " "... 1200 To Francis Foesey, 2S days, at 501b. per day, . . . 1400 C George Manners, 21 days, 1050 To < ( Mr. Thomas Sterman, 21 days, 1050 To Mr. Cuthbert Fenwick, 11 days, 0550 " As for that Mr. Francis Broolfs was not able, through sicliness, to attend the House, and drawing of his wine, the committee think fit not to provide for hira at all. Kent, To Capt. Robert Vaughan, for 40 days, at 501b. per day, . 2000 To boat and hard, &c., 0250 134 THE DAY-STAR. possessed an important part of the law-making power. It is certain, the " Act " relating to " Eeli- gion" received his approval. Under the provi- sions of the charter, it could not have become a law, in the proper sense, without his sanction, either expressed or implied. "We know he approved it. And the fact is undisputed. Capt. "VYm. Stone, it is also known, was the pro- prietary's lieutenant-general, or governor of the province. And the governor, at that period, was ex-officio the president of the privy council. His concurrence also in the passage of the Act, is a matter of record. And we have the well-known commission of four privy councillors : — Thos. Green, John Price, John Anne Arundel, To Mr. Puddington, . „ , J. ^ ? for 37 days apiece, at 501b. per day, . 8700 Boat, hands, and wages. " This assessment to be laid on the hundreds and counties, j^ro portionably, every county and hundred bearing their particular charge of their own particular burgess or burgesses. " The committee finding already 3420 lb. more of tobacco upon common charge, besides what will hereafter be reckoned. Where- upon (not be able to make a true estimate of the people inhabit- ing in the several counties, whereby to proportionate the ASSEMBLY-MEN OF 1649. 135 Pile, and Eobert Yauglian. Eobert Clark was, at tlie same time, the surveyor-general ; and Tliomas Hatton, the secretary of the province. It was the practice of these high officers, to sit in the Assem- bly with the councillors. And we have the j)roof, that they did so, in 1649./ Nine burgesses represented Kent and St. Mary's. Their names are : — Cuthbert Fenwick, Philip Con- ner, William Bretton, Richard Browne, George Manners, Pichard Banks, John Maunsell, Thomas Thornborough, and Walter Peake. Including the governor, there were sixteen mem- bers, in the whole Assembly. Of the six privy councillors, Pobert Yaughan was the only one who resided in Kent. And Philip Conner represented the freemen of that county. assessment equally) they refer the making thereof unto the meet- ing in October for that purpose. Signed, John Price, James Cox, Robert Vaughan, Philip Land, John Hatch, Robert Robins, Wm. Brough George Puddington.'' Same Lib., pp. 60, 61. * They signed the certificate prefixed to the Declaratory Act of 1650. 136 THE DAY-STAE. CHAPTEE XL Their Faith — They sit in One House. The proprietary was a Eoman Catholic ; and the governor, a Protestant. Three of the privj coun- cillors (Thomas Green, John Pile, and Robert Clarke), held the faith of the former; the other three (John Price, Robert Yaughan, and Thomas Hatton), with equal certainty, may be classed with the latter law-giver. As the result of the strictest historical criticism — of the most careful and exhausting analysis of the whole evidence — it is but right to say, the proof is not discoverable, that more than two members of the whole House of burgesses (or representatives of the people) were either Protestants, or in direct sympathy with the Protestant class of colonists. That Mr. Conner and Capt. Banks belonged to that class, is a matter of evidence. And there is some degree of probability that Mr. Browne also FAITH OF THE ASSEMBLY-MEN OP 1649. 137 held the faith of the English church. But it is certain, that five of the burgesses (Messrs. Fen- wick, Bretton, Manners, Maunsell, and Peake) cherished a faith in the Roman church ; and we have the basis of a very strong presumption, that Mr. Thornborough (a sixth member of this House) was also a Eoman Catholic. Including the proprietary and Mr. Thornborough, ten of the law-givers of 1649 held the faith of the .Homan Catholic Church. If we count the governor and the two burgesses ; six, it will appear, belonged to some branch of the Protestant — pro- bably the Anglo-Catholic. Adding Mr. Browne, we have a seventh. But this is a superficial view of the question ; and refers only to the time, I they all sat in one House. 138 THE DAT-STAB. CHAPTER XII. The Whole Strength of the Roman Catholic Element in the Assembly. All, we have from the remaining parts of the journal, is that on the " last day " of the Assem- bly, the representatives of the freemen, with the governor, and with the privy conncillors (except- ing Messrs. Pile and Hatton), assembled in one " House ;" and that, on the same day, was passed the " Act concerning Religion." ^ It can be proved from the records, that of the fourteen, eight (including Mr. Thornborough) were Roman Catho- lics ; and six (with Mr. Browne) were Protestants. But this estimate does not render strict historical justice to the claim of the former. The privy coun- cillors were, all of them, as well as the governor, the special representatives of the Roman Catholic ^ In the marginal note to the copy of the Act upon the Records of the Land Office, the date of its passage is given. EOMAN CATHOLIC ELEMENT IN THE ASSEMBLY. 139 proprietary;' under an express pledge imposed by him, shortly before the meeting of the Assembly (as may be seen from the official oath), to do nothing at variance with the religions freedom of any be- liever in Christianity ; and removable, any moment, at his bidding. It would be fairer, therefore, to place the governor and the four privy councillors on the same side as the six Roman Catholic bur- gesses. Giving Mr. Browne to the other side, we have eleven Eoman Catholic against three Pro- testant votes. * This fact is presented, in a very forcible light, by Mr Addison. See Addison's Religious Toleration in America. 140 THE DAY-STAE. CHAPTEK XIII. The Burgesses, as a Distinct Branch of the Legislature — A Majority of Roman Catholic Representatives. But there is the strongest evidence to show, that at a previous stage of the session, the Assembly sat in two Houses. This is the opinion of Bozman, w^ho is, by no means, partial towards the Roman Catholics — an opinion sustained also by Chalmers, by Bacon, and by Bancroft. It is evident that Mr. Fenwick received an extra allowance.^ May we not suppose, he was the chief officer, or speaker, of the Lower House? But the best argument is drawn from the analogy furnished by the Assembly of the following year ; and by the very phraseology, in the Act relating to religion. We know the Legislature* of 1650, although expressly divided into two distinct chambers, sat near the end of the session, in one House. '^ And, in the * See the Bill of Charges, ante, p. 130. • The journal of 1650 has been preserved. It is in Lib. No. 3, ROMAN CATHOLICS IN THE LOWER HOUSE. 141 Act, of which we are speaking, there is a clear reference to an Upper and Lower House/ If we suppose, therefore (what cannot admit of a reason- able doubt), that the Act passed each House before its final adoption by the whole Assembly in one body ; and still give Mr. Browne to the Pro- testants ; we will find there were six Roman Catho- lics (including Mr. Thornborough) against three only of the other class of delegates. in the Land OfBce. And there is abundant evidence to show that many of the laws and orders of that year were passed by " both Houses" sitting in one. I have now before me an extract from p. 61, which distinctly states, that on the " 29th " of April, the " bur- gesses of the Lower House being sent for, came and joined them- selves with the Upper House," for the *' more convenient and speedier dispatch of all business." Other extracts could be given. ^ In the recorded copies in Lib. Laws, C. and W. H., p. 106, and in Lib. W. H. and L., p. 1, it is said, the law was enacted, " with the advice and consent of the U^per and Lower House." '* With the advice and consent of this general Assembly," according to the copy in Lib. No. 2. These copies seem to indicate the different stages of proceeding. 142 THE DAY-STAB. CHAPTER Xiy. Population of the Province in 1649 — ^Predominance of tlie Roman Catholic Element at the Period of the Assembly — The Honor due to the Roman Catholic Freemen of Maryland. If we take the religions elements of the popula- tion represented in this Assembly ; the difference will again be in favor of the Roman Catholics. In 1648, the burgesses appeared either as indivi- dual freemen ; or as the representatives, each, of a definite number. And, in 1650, the six hundreds of St. Mary's county, as distinct integers, sent their own respective delegates. Assuming the constitu- tion of either year, for the sake of the argument ; the result, in 1649, would be substantially the same. The settlement upon Kent Island was an off- shoot of the Anglo-Catholic colony at Jamestown. Col. Clayborne was undoubtedly an Episcopalian. There, also, have we the traces of the life and ANGLO-CATHOLICS OF KENT. 143 Jabors of the Rev. Richard James, and ol one or more other ministers of the Anglican church.^ It is but just to admit, that most of the Islanders were Protestants. But the population of Kent was small. In 1639, if not mcmy years later^ she was but a hundred of St. Mary's county.' In 1648, she paid a fifth part only of the tax ;' and did not hold, in the Assembly of that year, a larger ratio of political power.* That also was before the * Thanks to the zeal and learned diligence of the Rev. Mr. Allen, but especially of Mr. Streeter. "^ In 1639, was also erected the "hundred Court of Kent." Bozman, vol. 2, p. 140. ' From the Bill of Common Charges at the Assembly of 1648, I talie, as an illustration, " The Clerk's Fees." This item amounts to 1250 pounds of toba«cco, of which " Kent is to pay 250." Lib. No. 2, pp. 302-303. * It was about a fifth, as the following Protest of that year will show. It is signed by all the members, including Captain Vaughan, the delegate from Kent ; and Captain Bradnox, and Mr. Conner, the two freemen from that county ; — Tlie Protest of 1648, JVew Style. " "Wo, the freemen assembled in this present general Assembly, do hereby declare, under our hands ; and generally, jointly, and unanimously protest, against the laws which are now pretended to be put in force by the last general Assembly ; conceiving that they were not lawfully enacted. For that no summons issued out 144: THE DAT-STAK. return, we may suppose, of all the Koman Catho- lics, who had been expelled or exported from St. Mary's, by Capt. Ingle, and the other enemies of the proprietary. In 1649, she had but one delegate; while St. Mary's was represented by eight. And this year, she paid but a sixth part of the tax.' And for many years after, as well as before this Assembly, there is no evidence what- ever of a division of the island, or the county, even into hundreds.^ Its population did not, in 1648, exceed the fifth ; nor in 1649, the sixth part of the to all the inhabitants, whereby their appearance was required by lawful authority. Witness our hands, this 28th January, 1647. Robert Vaughan, 24 voices. Robt. Clarke, proxy, Geo. Akerick, 8, Cuthbert Fenwick, 3, Walter Peake, 22, Robert Percy, proxy, ) ^ Wm. Thompson, proxy, Capt. Price, 9, > 15 John Medley, ) Thomas Bradnox, Phil. Conner, Thomas Thornborough, Richard Banks, 24, Edward Packer, 8, Thomas Allen, 6, John Wyatt, proxy, Mr. Brooke, George Saugher, 6, Edwd.Cotton, proxy, Barnaby Jackson, 9 Walter Waterlen, 2, William Bretton, 4." Lib. No. 3, pp. 293-294 ; and Bozman, vol. 2, pp. 323-324. It would seem, then, that in the Assembly of 1648, there werd but 27 votes for Kent, and 130 for St. Mary's. * Bill of Charges for 1649, Lib. 2, p. 488. ' I have carefully examined the records at Chestertown ; and am satisfied this county was not laid off into hundreds till many years afterwards. POPULATION OF THE PROVINCE IN 16d:9. 145 whole number of free white persons in the pro- vince,* In no hundred of St. Mary's county, was there a majority of Protestants, unless in St. George's. It is not altogether certain that the Protestants out- numbered the Roman Catholics, even in that hun- dred. The Rev. William Wilkinson, of the English church — the first permanent pastor of the ' The numbers and resources of the province had been greatly diminished by the contest of Col. Clayborne, by the rebellion of Capt. Ingle, and by various other causes. Notwithstanding the destruction of so many of the records, and the lapse of so much time, it is gratifying to think that amid the twilight of the past, we have still •preserved for our own generation, many of the most important lights and landmarks of history ; and that the population of the province, at the period of which I am writing, may yet be ascertained with a reasonable degree of certainty. If we multiply five by the twenty-seven votes from Kent — the number which represented, in 1G48, its freemen, or the heads of its families — that county will have 135 persons. The same ratio will give to St. Mary's 650. But this estimate was true of the latter county only at the beginning of that year. The month of June, there were not less than 110 tithables, or 700 persons in this county. And the return of other colonists to St. Mary's before the succeeding April, accounts for the fact, that in 1649 Kent paid but a sixth part of the tax ; at which time the whole population of the province approached 900, including the 130 or 140 inhabitants upon the Isle of Kent. For the levy and assessment of 1648 upon St. Mary's, see Lib. No. 2, p. 366, and p. 369. 7 146 " THE DAY-STAR. Anglo-Catliolic faith after the landing of the Pil- grims — but whose name has never yet appeared upon any page of Maryland's history — did not arrive in St. Mary's till the year 1650. A preacher and a planter, engaged in the discharge of his ministerial functions, as well as in the trade of the province (and what right have we to censure one who seems to have been without a temporal sup- port from his own church ?) ; living also, for a long period, in St. George's hundred ; we cannot sup- pose he was altogether unsuccessful in his official labors. But even before his arrival, we there discover the germs of an early Anglican faith. In that hundred, as early as 1642, lived the "Wick- liffes, the Cadgers, the Marshalls, and other Epis- copalians.^ There also was the earliest home, ^ " Council Proceedings," Lib. 1637 to 1658, pp. 209-215. Wm. Marshall's deed for •' three heifers " is an interesting paper ; and one of the earliest gifts upon the Records of Maryland for the support of a Protestant ministry — the very first I remember, in which allusion is made to a " parish." It may be found in Lib. No. 1, on pp. 608-609, and is dated "the 3 day of June," 1654— the pro- posed field of labor being a locality then called " The Neck of Wicocomico." Robt. Cadger, whose devise is mentioned by Bacon, was the only son of the Robert who came from the Old World, and who lived in St. George's in 1642. The will of the a:nglo*catiiolics of st* oeobge^s, 14? Jthough at a period subsequent to 1649, of the Addisons, of Oxon-Hill, a family wliich, for more than six generations, has borne a willing testimony to the faith of Cranmer, of Ridley, and of Latimer/ Conceding, what must remain a matter of consi- derable doubt, that St. George's was a Protestant hundred as early as 1649 ; and adding the county of Kent, on the eastern shore ; the Protestants would hold two-sixths, or one- third, of the whole political power, substantially, if not formally, represented during this year, in the Lower House of the Assembly — an estimate which also accords with the ratio of the Protestant to the Roman emigrant contains a conditional devise for the erecting and " maintaining of a free-school " upon his home plantation, and is dated in the year 1667. We are also struck ^'ritu the fact that the person selected by the ** Protestant CathoLcs," as the organ of their petition against Doct. Gerrard, fo: seizing the "key " to the chapel (see Bozman, Vol. 2, anno 1642, p. 1!)9), resided in thia very hundred ; and that he bore the surname of Wickliffe, the morning-star, in the opinion of our Protestant historians, to the Reformation of the sixteenth century ; certainly as important an agent in the production of that event as the great Wesley in the reproduction of the Oxford theology of the present age. ^ In this hundred lived also Col. Price ; and (I have reason to think), for a short period, Capt. Banks. But I cannot say what time they became residents. 14S THE DAY-STAR* Catholic delegates— assuming that Mr. Browne was one of the former* But it is not improbable that the Protestants constituted a fourth only of the population of Maryland. The Protestants had, it is true, a majority in the Assembly of 1650o^ But it was proper tliat the opportunity should lye offered them^ under the most favorable circumstances, of acknowledging their gratitude for so beneficent an administration of the government ;' and of testifying in the most formal manner, that, under the proprietary's rule, they were in the enjoyment of a real, practical free- * The eleven delegates from St. Mary's were John Hatch, Walter Beane, Wm. Brough, Robt. Robins, Francis Poesy, Thos. Steerman, Cuthbert Fenwick, Geo. Manners, John Medley, Philip Land, and Francis Brooke — the first six Protestants, the remaining five Roman Catholics. James Cox and Geo. Puddington (Protes- tants) represented the newly-erected Puritan county of Anne Arundel ; while Capt. Yaughan (another Protestant) was the repre- sentative from Kent, but sat also in the Upper House. Of the hundred of St. Mary's, Messrs. Hatch an i Beane represented St. George's ; Messrs. Medley, Brough, and Robins, Newtown ; Mr Poesy, St. Clement's ; Messrs. Land and Brooke, St. Mary's ; Mr. Fenwick, St. Inigoe's ; and Messrs. Steerman and Manners, St. Michael's. Lib. No. 3, 47-55. See also ante, p. 71, and p. 132. ^ This they did in a most handsome manner. See Act of Re- cognition in Bacon and in Bozman. K03kIAN CATHOLICS OF ST. MARy's. 149 .dom.^ Even on that occasion, they outnumbered the Roman Catholic delegates from St. Mary's, by a majority of one only.' And it is but necessary to add, while one of the most prominent Roman Catholic delegates of 1649 was elected to the honorable post of clerk of the Assembly in 1650, and two others held a seat in that body, not a sin- gle Protestant of the latter year had represented the county in the Legislature of the former. St. Mary's was the home — the chosen home — of the disciples of the Roman church. The fact has been generally received. It is sustained by the tradition of two hundred years, and by volumes of written testimony ; by the records of the courts ; by the proceedings of the privy council ; by the trial of law-cases ; by the wills and inventories ; by the land-records, and rent-rolls ; and by the very names originally given to the towns and hun- dreds ; to the creeks and rivulets ; to the tracts and manors of the co mty. The State itself bears the ^ See the Protestant Declaration. ' The Declaratioa itself is quite suflScient. But abundant evi« dence of the fact is elsewhere preserved. 150 THE DAY-STAE. name' of a Kornan Catholic queen.' Of the six hundreds of this small county, in 1650, five had the prefix of St. Sixty tracts and manors, most of them taken up at a very early period, bear the same Roman Catholic mark.' The villages and ^ It was once very often written " Marie-Land ;" and St Mary's, not unfrequently " Saint Marie's." " Terra-Marias " is the name given to the province in the Latin Charter. ^ Henrietta Mariah, the wife of Charles the First, and daughter of Henry the Fourth, the great king of France — a name given also to a daughter of Capt. Neale (a favorite of the Crown), through whom the Lloyds, the Tilghmans, and many of the other most distinguished Protestant families of the province, derived the best Roman Catholic blood. The name itself has come down through the same channel, consecrated by the recollections and traditions of many generations ; cherished in the memory, and enshrined in the heart of more than one living descendant of the Neales. ^ I have easily counted this number ; and am satisfied they are not all — to say nothing of many more taken up in Charles, by colonists living there in 1649, and before that county was carved out of St. Mary's. It is, of course, not certain that every one was surveyed for a Roman Catholic ; nor have many of the well- known FbOman Catholic estates any prefix. But who can doubt the historical value of such general evidence in estimating num- bers or masses, or deny that '• St. Peter's Key," "St. Peter's Hill," or most of the other tracts of this class were taken up by the mem- bers of the Roman Catholic Church? See Rent Roll for St. Mary's and Charles, Vol. 1 and 2. In the county of Anne Arundel, BKIGH-TAM-MOUGH AND COUNA-WEZA.. 151 creeks, to this day, attest the wide-spread preva- lence of the same tastes, sentiments, and sympa- thies. Not long after the passage of the " Act " relating to " religion," the Protestants, it is admit- ted, outgrew their Eoman Catholic brethren ; and, in 1689, succeeded very easily in their attempt to overthrow the proprietary. But judging from the composition of the juries, in 1655, we see no rea- son to believe they then had a majority. In the trial of the Piscataway Indians,' during the year the original seat of the Puritans (but soon after the home of the Quakers and of other Protestants), and at the date of the Rent Roll I have consulted, several times the area of St. Mary's, there were but three estates with the prefix 1 And each of these, it appears, was taken up by gentlemen, who from evidence aliunde, were Roman Catholics. ' Skigh-tani-mough and Couna-weza. They were tried at the September Term of the Provincial Court, at St. Mary's, for the murder of two negro servants. Gov. Stone, the Chief Justice, presided 5 the Attorney-General, Mr. Hatton, conducted the pro- secution ; and Mr. Feuwick was the foreman of the Jury. The scene of the murder was nrjar South River ; and the servants, as well as the plantation where the deed was done, belonged to Capt. Daniel Gookins— a name distinguished in the early history of New England. Mary, the servant, who had escaped, notwith- standing the severity of her wound, was the chief witness. But Warcosse, the Emperor, had sent down to St, Mary's some arti- cles found in the possession of the suspected Indians, and which, it 152 TEE DAY-STAS. 1653— -a case where religious bias, we may sup- pose, could exert but little influence on tlie selec- tion of the jurors — it would be safe to assert, that, at least, twelve (or one-half of the panel) were Eoman Catholics.' In the cases of Kobert Holt, was known, had belonged to Capt. Gookins. And the Indians, who spoke through interpreters, confessed at the trial they were present at the murder — at one moment admitting, at the next denying their guilt : " fearful, and desiring," says the record, " to conceal " it. They were convicted, sentenced, and executed on the same day. For the trial of the case, see Lib. No. 1, pp. 482-485. * The Jurors were Cuthbert Fenwick, Wm. Bretton, Edward Packer, Philip Land, Wm. Evans, Richard Hoskins, Wm. Johnson, John Medley, Richard Willan, Henry Adams, James Langworth, John Thimblebee, Nicholas Gwyther, John Steerman, Richard Banks, John Lawson, Robt. Cadger, John Nichols, Daniel Clocker, Wm. Edwine, John Taylor, John Harwood, Zachary Wade, and Thomas Sympson. There is strong reason for the opinion, that the first twelve were Roman Catholics ; and that eight of the other twelve were Protestants : i. ents upon the Delaware ; and in the one decided about a century later, it is indirectly sanctioned, so far as regards the ground of prior occupancy, by the celebrated opinion of an English chancellor." But Clayborne, unlike Penn, never had a charter. The contest in Maryland was bitter and bloody. Both settlements had suffered much misery and loss. And upon Clayborne's own appeal to the authorities of the English gov- ernment, the course of the proprietary upon the main point, was sustained. The claimant from Virginia committed another error. He con- ^ Clayborne founded his settlement before the arrival of the Pilgrims at St. Mary's, or even the date of Lord Baltimore's char- ter, which did not, in clear language, include any colonized terri- tory. The claim of the Swedes upon the Delaware also embraced within the Maryland charter (as far up as the fortieth degree including the site of Philadelphia), was partly based upon the same ground as that of Clayborne. " Lord Hardwick. See Reports, 1 Vesey, Sr., pp. 444-456. This decision virtually settled the long and tedious controversy between Marvland and Pennsylvania. 168 THE DAT-STAE. founded the question of jurisdiction with the right to the soil ; and Maryland could not consent to the exercise by Yirginia of any sovereignty over the Isle of Kent. E'or was Clayborne, as the occupant of land there, justified in retaining his alle- giance to the government at Jamestown. At the origin of his settlement, our sister colony, it will be remembered, existed by the sufferance, or at best by the guardianship of the Enghsh crown.' And there is no evidence whatever of the pro- prietary's unwillingness at the beginning of the controversy, to grant, upon the proper application, a full confirmation of the title to every tract the secretary of Virginia had reclaimed from the wil- derness. The purchase from the Indians was not sufficient.* Cecilius died in 1675. As early, however, as 1662,. he sent Charles, his son and heir, who lived ^ It has been said, the charter to Lord Baltimore for territory within the original limits of Virginia invaded the rights of that ct)lony. But the one given to Virginia was talien away, however unjustly, before the date of Lord Baltimore's. ' It was against a well established principle in the policy of nations, to recognize a title, without a previous sanction from the Crown, of which the purchaser was a subject. Such is also the law of the United States. CECILIUS. 169 many years in the province, a part of tlie time at Mattapany-Sewall ; ' sharing the fortunes of the other colonists ; and marrying the widow ^ of one of the most distinguished; giving evidence of those noble qualities, which had rendered the memory of the first proprietary so dear to the people of Mary- land ; and amxid many embarrassments, leaving, both as a governor and a pix)prietary, the indelible foot-prints of an able, a wise, and a just administra- tion. From Charles is traced the descent of the other proprietaries^ now represented by the Cal- * Near the mouth of the Patuxent, originally the dwelling-place the Mattapanients (one of the most friendly tribes of Maryland) ; next, the storehouse of the Jesuit Jrissions; but subsequently relinquished by the Missionaries ; and given by the Proprietary to the Hon. Henry Sewali, the privy councillor. The Mansion during Lord Charles Baltimore's residence, was the Government House of the Province. There, also, once stood a fort and a magazine. ' Jane, the widow of the Honorable Henry Sewali, the privy councillor, and the ancestor of the Sewalls of Mattapany-Sewall, including the descendants at Poplar-Hill, Prince George's County. ' The errors of Lodge (see his •' Irish Peerage ") were perpetuated by the " London Magazine " of June 1768 ; and some of the mem- bers of the family, art this time, are under the impression that John, instead of Charles, was the third baron of Baltimore. The following statement consists of facts derived from the provincial records, from the State Law Reports, and from other sources of 8 170 THE DAY-STAE. verts of Prince George's County — George and his brothers being the grandsons of Benedict, the son of the fifth baron/ and who bore the baton in his escutcheon. Mount Airy, in the same county, has been the family seat, for several generations. May it long remain the home of the Calverts 1 * the most reliable character. George was the first baron ; CecUius the second baron and the first lord proprietary ; Charles I. the third baron and second proprietary ; Benedict Leonard, the fourth baron and third proprietary ; Charles 11., the fifth baron and fourth proprietary ; and Frederick, the fifth proprietary ; at whose death, for want of legal issue, the barony became extinct ; but he gave the lord-proprietaryship to his natural son, Henry Harford, a highly accomplished gentleman, and whose authority, at the period of the American Revolution, was represented by Governor Robert Eden. * There is also a branch at Riversdale, near "Washington ; and another at Newport, R. I. ; both offshoots from Mount Airy. ' Nelly, the daughter of Benedict, was married to Mr. Custis, The letter of General "Washington, the guardian of the gentleman who had sought her hand, is published in Sparks's Collection, vol. 2, p. 371. GOYERNOR CALYERT, 171 CHAPTEE XYL Governor Leonard Calvert^ The planting of a colony, amid tlie dangers and privations of a wilderness, from the most ancient to a comparatively modern period, assumed a high rank among the "heroical works''^ of man. In the history of Maryland, we see the union of the hero with the pilgrim ; the combination of a mis- sion derived from the laws of human destiny, and expressly given before the Fall, with the magnifi- cent and sublime sentiment, which soon became a living embodiment, under the form of religious liberty. The first of the spirits who personally took part in the noble adventure, and the chief of the original pilgrims, was Gov. Leonard Calvert.' The brother of the proprietary — young, but dis- * Lord Bacon. ' He also bore the baton in his escutcheon. See Hildretb, Vol. L p. 209. 172 THE BAY-STAR. creet ; full of confidence in his own stfengtli, yet fondly relying npon a higher power ; devoting his life and fortuneSj in the most energetic and honor- able manner, to the task of guiding and protecting the little band of emigrants— he seems to have pre- sented a practical exemplification of that beautiful conception J which pervades the bosom of . the idealist in every age ; representing the ruler of a grateful people, under the striking similitude of a shepherd. The visions of childhood are dispelled by the sober sense of manhood. But youth is the type of a cheerful spirit, and of a hopeful heart— the season of daring enterprise, and of heroic adventure, At the darkest hour in the fortunes of the colony, the soul of young Calvert never des- paired. Once driven from the capital by the enemies of the proprietary ; he rallied a force in Yirginia ; and returning to Maryland, at a propi- tious moment, recovered the government, which had been wrested from his grasp by the hand of pirates and traitors* The proprietary, of a less sanguine temperament, had regarded the temporary success of Ingle's arms in Maryland, with other untoward events, as a knell to the hopes of his colony ; and GOVERNOR CALVERT. 173 a'ccordingly instructed Governor Calvert to gather Tip the wreck of his private property ; apparently abandoning for ever his rights under the charter/ But the courage of Calvert was not subdued ; his energy, at the most trying crisis, was not wanting. Pledging the personal resources of the proj)rietary, and making another effort, he succeeded. To him is due the honor of re-establishing the government, against the most fearful odds ; and of securing the field, which had been lost, for a fair experiment of those principles of religious liberty, which have since become the pride and boast of Maryland. Although his death occurred before the year 1649, he occupies a high and honorable place among the law-reformers of his age — having exhibited the first practical example of toleration, in his twofold character of governor and chief justice — in the former, exerting the largest discretionary power, both under the charter, and also under his commis- sion from the proprietary — in the latter, anticipa- ting the statute law, and shaping the judicial policy of the province, in a manner which reflected the liberal spirit of Cecilius. His tomb- * McSherry. i 174: THE DAY-STAE. stone cannot be found; and our ignorance of the spot is a reproach to the living generation of Marylanders. But he was *'a great and good man," more illustrious for what he founded than the most successful generals for what they have^ overthrown and destroyed/ The sincerity of his faith in the Church of Rome has never been ques- tioned.'^ ^ McSherry. ' I have no knowledge of his posterity ; and doubt if he was ever married, ly ^^i rr^^i^rxA^^ t 'L*.^****.* GOVERNOR STONE. 175 CHAPTEE XVII. Governor William Stone. The ancestors of Gov. William Stone probably resided in ITortliamptonsbire, in England.^ But he bad one, if not several kinsmen'^ at London. ^ His earliest American residence of which I have any recorded knowledge, was in Northampton County, Va. ; Nanjemy Eiver, upon which stood his manor, in Charles county, Md., bore, about the time of the original survey, the name (Lib. No. 12, p. 116) of Avon ; and Mr. Thos. Sprigg, of Prince George's county, whom in his will (Lib. No. 1, 1635 to 1674, p. 90) he calls " brother," held a tract (Liber, Wills, T. B., No. 2, p. 444) also named Northampton I am inclined to think, the governor gave the name to Northampton county, t, ' He had (Lib. No. 2, pp. 313, 314) a near relation at London, whose very street is given, and whose name was Thomas ; and one of the divisions of Nanjemy Manor (called also the Manor of Poynton) was bounded (Lib. No. 11, p. 330) by Cheapside creek. He had at least two brothers. John also probably lived at London ; Mathew, in the province of Maryland. And several families of his surname, with distinct armorial bearings, resided at that city. With the aid derived from these facts, especially by connecting Thomas with the street he lived upon, it would be easy, it strikes me, to obtain the further evidence which is no doubt preserved 176 THE DAT'STAE. And we may suppose he came from that city to America. He was the high sheriff in one of the counties of Yirginia, before he received his com- mission from Lord Baltimore. The early part of 1649, he arrived in Maryland ; and the same year, brought six persons into the province.* It seems also he took a kind and active part in securing a home for the Pnritans from Virginia.^ At the Assembly of 1649, he presided over the privy councillors, when they sat separately from the burgesses ; and over both branches when the mem- bers assembled in one body. In 1652, his unhappy contest began with the Puritan party.^ The Eng- upon the records there, and thus to establish the identity of his with one of the other families j as well as to ascertain his own arms. For the armorial bearings of the different families of Stone, see Burke's General Armory. ^ Lib. No. 2, p. 425. ' Such is the opinion of a very respectable atithority. It is also certain (see his commission for the ofifice of governor, in Bozman) that he had undertaken to introduce 500 persons. But I have never seen the proof of the fulfilment of his engagement, nor the reasons of his failure. ' Many of the facts of this sketch not directly taken from the Records, will be found in Bozman's Maryland, to which I must refer my readers for a long but interesting, and in most respects strictly accurate account of the controversy. V GOVERNOR BTONE. 177 lisli parliament had sent out commissioners, with instructions to bring under subjection the colonies upon the Chesapeake ; and the governor was ready to acknowledge the authority of the home govern- ment, as it had been organized without a king or a house of lords. But more was exacted. And changes rapidly succeeded each other, not without violence, and greatly to the distress and disturb- ance of the whole province. Acting under in- structions from the proprietary, and. aiming to re-establish the form of government recognized by the charter, he marched from St. Mary's, in 1655, at the head of a little army ; and near the site of Annapolis was fought a memorable battle,^ in which the Puritans exhibited much fanaticism, great bravery, and extreme brutality. The governor "received a wound in his shoulder;" and most of his surviving adherents, including Col. Price, surrendered. The victorious party then held a court-martial ; passed sentence upon many ; exe- * The battlefield, it is supposed, was at the site of Fort Horn, nearly opposite Greenbcrry's Point, where stood the first Puritan town. See Leonard Strong's " Babylon's Fall," and Langford's "Refutation," Ridgely's "Annals," and other authoVities. In another note, I have noticed the origin of the town. 8* 178 THE DAT-STAR. cuted several; and, in cold blood, shot William Eltonhead, a privy councillor, a Roman Catholic, and a near relation of Mr. Fenwick. Through the earnest intercession of some of their own soldiers, the governor was rescued from the fate of Charles the First ! The estates of the prisoners were next sequestered ; heavy and cruel lines inflicted. And the governor was one of the greatest sufferers, through the agency of the very men whom, but a few years before, we have good reason for believing, he had so generously befriended. Some time after the restoration of the proprietary's government, he was a privy councillor ; and, throughout his whole life, sustained a high reputation for integrity and honor. Soon after his arrival, he lived in St. Michael's hundred ; the latter part of his life, upon " Poynton Manor," then called ]!!^anjemy; a part of which had been granted, in consideration of his " good and faithful services." ' At his death, which occurred about 1660, he had a house also at ^ Lib. Q. pp. 179-180. The original patent embraced 5000 acres ; and was held of the " honor of West St. Mary's ;" with the usual powers and privileges of a manor, including that of holding the court-leet and the court-baron. GOVERNOR STONE. 1T9 St. Mary's city. He left many children ; ' whose posterity also resided upon the Manor. And most of his descendants, like himself/ were Protestants ; including the Kt. Eev. "William Murray Stone,' the third bishop in the Protestant Episcopal succession of Maryland. Many also of his descendants are distinguished in the civil and military annals of our country — ^Thomas/ his great-great-grandson, having signed the Declaration of American Independence ; Michael Jenifer, the brother of Thomas, having * Verlinda was his wife ; and Thomas, Richard, Elizabeth, John, Mathew, Catharine, and Mary, were some of his children. See his will (Lib. No. 1, 1635 to 1674, pp. 90-93),) where he names also his brother-in-law, Francis Doughty ; and Richard, the uncle of his son, Richard Stone. ' See Signers of the Protestant Declaration. ' Of the eastern-shore branch, quite remote from the present representatives in Charles. But the relationship was claimed and recognized as late as the life-time of the bishop. * Thomas, the grauduncle of Frederick, it is well known, was the son of David, who died about 1772. And it can be proved from the testamentary, and other records, that David was the son of Tliomas, and the grandson of John, the son of the provin- cial governor. The principal part of the proof is derived from their wills, recorded at Annapolis, and probably at Port Tobacco. The ascent also of Thomas, the son of William, may be traced, through the grandfather, Thomas, to Governor William, the great- grandfather. See their wills. 180 THE DAY-STAK. been a member of the Convention whicli, in 1788, ratified the Constitution of the United States ; and John, another brother, and who had been wounded at Long Island, having held the post of governor, in this State, nearly a hundred and fifty years after the date of the commission from the proprietary for the same office, to William, the emigrant. And Frederick, now living at Port Tobacco, and a descendant of the sixth degree, through Michael Jenifer, from the early provincial governor, is one of the commissioners engaged in the grave work of reforming the practice of the courts in Mary- land. GOVERNOR GREEN. 181 CHAPTEE XYIII. Governor Thomas Green. GoYERNOR Green was one of the pilgrims of 1634/ and the intimate friend of Governor Calvert. He was a privy councillor, as early as 1639 ; and for many subsequent years. The two short periods he held the post of governor are involved in too much obscurity to warrant any important inference, beyond the fact of his sincere attachment to the interests of the royal family at home." Governor Calvert appointed him, upon his death-bed, simply to supply a vacancy, in 1647.^ Under Governor Stone's appointment, he was also the chief execu- tive, a part of 1619. Of his faith, there is no doubt. One of his children was the namesake and godson of the first governor." And, in a trust-deed ' Lib. A. B. & H., p. 67 ; and Lib. No. 1, p. 41. ^ See the proclamation in favor of Charles the Second, in 1049, Bozman, vol. 2, p. 670. » Bozman, vol. 2, p. 307. * See Gov. Calvert's will. 182 THE DAY-STAR. to Henry Adams and James Langworth, in 1650, he expressly says he is a Roman Catholic ; and gives by the same instrument, in testimony of the fact, a token of regard for the Rev. Thomas Cop- ley.^ He was several times married, and lived, it would seem, a short time before his death, in Yirginia. He had four sons.' His descendants resided in Charles County, at a period not long before the American Revolution. And some of his posterity' are probably now in the State. We have no reason to doubt he was present, in the Assembly, during all the important proceedings relating to the Toleration Act. ^ Lib. No. 1, pp. 188-189. ^ See his deed to Messrs. Adams & Langworth. Their names were Thomas, Leonard, Robert, and Francis. He had also a brother named Robert. See Lib. No. 2, p. 444. ' Greea's Inheritance was one of the tracts held by them. COL. PRICE. 183 CHAPTER XIX. Colonel John Price. The year of Colonel John Price's arrival is involved in doubt.' But in 1639,' he represented St. Michael's hundred in the General Assembly ; and soon rose to eminence, as a soldier. His ser- vices are the subject of the proprietary's notice ; and as a mark of his merit, he received the com- mission of mustermaster-general of the province, in 1648.'' The same year, he was appointed a privy councillor. He was distinguished for his fidelity, during the insurrections and rebellions beginning in 1645. And perhaps to his soldier- like skill and courage, was Governor Calvert chiefly indebted for the recovery of his authority. He also had the command of St. Inigo's Fort, at a ^ Several persons of his name came about the same time. ^ Bozman. ' Bozman, vol. 2, pp. 652. 184 THE DAY-STAR. very critical period. He was a signer of the Protestant declaration in 1650 ; one of the chief sufferers, at an advanced stage of his life, under the misrule of the Puritans ; ^ and, as a privy council- lor, at a subsequent period, sat upon the bench of the Provincial Court. He died in 1661. As a soldier, a councillor, and a provincial judge, he sustained the highest character. Judging from his will, he was also a kind master. He bequeathed a token of his benevolence to each of the six indented white-servants who had lived with him.' He was illiterate ; but nature had given him the best powers of observation and perception. His opinions in council are marked with a candor worthy of the knight ; and generally, if not always, on the side of a strict conservatism ;^ short, indeed, yet full of pith, and directly to the point. Tliose upon the bench are equally brief; but still ^ Lib. No. 3. " '' I give and bequeath," he also says, '' unto my loving friend, Mr. William Wilkinson, the sum of 350 pounds of tobacco, for the preaching of my funeral sermon." His daughter was named Ann. See the Will, Lib. No. 1, 1635 to 1674, p. 141. ' Witness his pithy opinion against the revolutionary manoeuvre of Gov. Fendall. See Council Proceedings. COL. PEICE. 185 distinguished for their strong and clear sense of justice. The sword, however, and not the pen, was the emblem of his greatest excellence. It was in the garrison and the field, rather than at the council-board, in the march against the Indians more than in the delivery of judicial decisions, that we find, he was conspicuous. But we have every reason to believe, the part he took m the Assembly of 164:9, was in the highest degree honorable to his memory. Of the posterity of this rude and unlettered, but still genuine cavalier of St. George's hundred (for there he resided the latter part of his life), nothing is known beyond the mention of a daughter in his will. 186 THE DAY- STAR. CHAPTER XX. Honorable John Pile. The Honorable Jolin Pile ^ was probably a native of Wilts. And his residence upon the Wicomico, in Maryland, granted for "good and acceptable services," consisting of four hundred,* but subsequently of a thousand acres,^ bore the name of Salisbury.'' It was the home also of his posterity for several generations. Before 1648, he * The appellation of "Honorable" was given at a very early period, to the members of the Privy Council, and to the Judges of the Provincial Court. The name of Mr. Pile is, in some places upon the Record, spelt Pyle—at others, Pille. 2 Records of the Land Office, Lib. Q., pp. 447-448. ' Rent-RoU for St. Mary's and Charles, vol. 2, fol. 371. * It is generally called *' Sarum " — another name only for the old borough in Wilts, where also, about two miles distant, is the city of " New-Sarum,'' or Salisbury. In Liber S., 1658 to 1662, •'Judgments" (see p. 221), the plantation is called "Salisbury." Salisbury was the name also of another tract held by the privy councillor's son. See Joseph's will,' Testamentary Records at Annapolis, Lib. No. H., pp. 64-65. HON. ME. PILE. 187 ai'rived, with his wife ; ' and under his immediate care, during that year, came also the Tettershalls,' his relations/ professing the same faith,* and appa- rently from the same English county." In 16^9 ' Records of the Land Office, Lib. No. 2, pp. 508-509. His wife's name is not given; but it was, no doubt, "Sarah" — the name borne by his wife, in 1660. See Records of the Court of Appeals, Lib. S., 1658 to 1662, Judgments, p. 22L ^ Their names were William and Mary. Records of the Land Office, Lib. No. 2, pp. 508-509. ^ The privy councillor frequently calls William Tettershall his " brother." E. g., see Lib. S., 1658 to 1662, " Judgments," p. 1072. He also calls Lieut. Col. John Jarboe his " brother." Land Office Records, Lib. No. 1, p. 247. * William Tettershall's Will (see Lib. No. 1, 1635 to 1674, among the Testamentary Records in the Register's Office, at Annapolis) contains incontestable evidence of the fact. He also calls Lieut. Col. Jarboe (R. Catholic) his "brother." * William Tettershall (see his will) mentions his brother John, " of Oddstoake, in Wiltshire." It seems also he had two other brothers : Lawrence, who lived at the same place, in Wilts, about 1648 ; and Peter, who resided at "Chidooch," in Dorchester, Eng- land. See the deed of his nephew, Edmund Smith, of Maryland, to Cuthbert Fenwick, upon the Records of the Land Office, Lib. No. 2, p. 439. The Tettershalls of Maryland subsequently lived in Prince George's. The supposition, that the Piles came from Salisbury, in England, is confirmed not only by the preceding facts relating to the Tettershalls, but also by a marriage men- tioned in the history of the Pophams, of Littlecott, in Wilts. About 1640, Elizabeth, the daughter of Sir Francis Popham, was married to Sir Gabriel Pile. The residence of Sir Gabriel is not 188 THE DAY-STAR. and 1650, he sat in the privy conncil;* but his commission is dated in 1648.^ One of his descen- dants, it is said, became a Roman Catholic clergy- man ; and another a nun.^ Of the sincerity of his own faith, we have the recorded evidence. During the ascendency of the Puritans, at the period of a bitter persecution, he comes forward ; and '^ confesseth himself in court do he a Roman CatholiG " — acknowledging " the Pojpe's siqyre- raacy.^''^ The time of his death is not known ; nor can his will be found. But in 1660, he had three children, whose names were Joseph, Ann, and stated. But I cannot but think he lived in the same county ; and was a relation of the Piles of Maryland. See Burke's Dictionary of the Landed Gentry, vol. 2, p. 1058. Constance, the daughter of George Tattershall, of Wilts, was married to Wm. Smith. See same authority, Vol. 2, p. 1354. There is no history in that work, of the Piles of Wilts, nor of any family of the same name. ^ See certificate prefixed to the Declaratory law of 1G50, Records of the Land Office, Lib. No. 3, p. 45. ' Bozman, vol. 2, p. 650. • ' The Testamentary Records also show how fondly attached were the Piles of Maryland to the faith of their forefathers. See, e, g., the will of Joseph, in 1692. * The following is the entry upon the Record of the Provincial Court, in the Land Office, for October Term, in 1655 : "John Pyle confesseth himself, in court, to be a Roman Catholic ; and hath acknowledged the Pope's supremacy." See Lib. No. 3, p. 161. HON. MK. HLE. 189 Mary.' His sou died in 16925^^ gi'^ing Salisbury to Joseph, the only grandson, and leaving Sarah with two other descendants. His grandson, whose will is dated in 1724, divided the family seat between the five great-grandchildren, Joseph, Bennett, Ann, Elizabeth, and Mary.^ Of Joseph, the privy councillor's great-grandson, there is an entry npon the records, as late as 1738.* At his death, the family, in the male line, it is supposed, became extinct. But there are descendants through several female representatives. It is said, the blood of the privy councillor still flows through the veins of the Brents of Louisiana, the descendants of Eobert Brent, of Charles County ; and that it is also represented by the children of Henry J. Carroll, of St. Mary's, in Maryland, ' Records of the Court of Appeals, in the Armory of the State House, Lib. S. 1658 to 1662, Judgments, p. 221. ' Will of Joseph Pile, Lib. No. H., pp. 64-65. 3 Will of Joseph, the grandson. Lib. W. B. No. 1, pp. 312-313. The testator also calls John Parnham his " brother." * He was one of the witnesses to the will of John Parnham, dated la 1738 ; and in which are mentioned John, Francis, Xave- rius, Ann Maria, and Elizabeth, the children of the testator, and probably the descendants of the privy councillor. 190 THE DAY-STAR. CHAPTEK XXI. Captain Robert Vaughan. Captain Yaughak held land upon Kent Island,^ upon Langford's Bay,'' and upon the Chester Eiyer." One of the tracts taken up by him, was called ^'Kuerdon," and another "Kimbplton" — the name also of a small town in Huntingdonshire, England. He was one of the Protestant members* of the privy council, in 1649 and 1650. In 1638, he held the office of constable' for St. George's hundred, in St. Mary's County — a post, at that time, not below the dignity of a gentleman. In 1642, he was one of the representatives^ in the General Assembly, from the Isle of Kent. He ^ Rent Roll for Talbot and Queen Anne's, vol. 2, fol. 299. ' Records of the Land Office, Lib. Q. p. 333. •Lib. Q., p. 338. * See his signature to the Protestant Declaration. * Bozman, vol. 2, p. 45. ^ Bozman, vol. 2, p. 215. CAPT. TATJGHAN. 191 also represented tlie Island, during many subse- quent sessions of the Legislature. In 1647, he was the commander/ or viceroy, of Kent. In 1648, he received two commissions^ from the proprietary— the one investing him with the office of a privy councillor ; the other re-appointing him to the post of commander. In the latter, there is a strong testi- mony to his " fidelity, courage," and " wisdom," during the "insurrection" of Capt. Ingle, and his accomplices. About the first of ITovember, during the same year, he was removed from the com- mandership of the Island,^ in consequence of his disrespectful language towards Governor Green ; but re-instated, upon the ofi'er of an apology. Having become involved in a dispute with the commissioners of the County Court, he asked and received their forgiveness also." In 1652, com- plaints were expressed by the inhabitants of the Island."* We cannot say what they were. But he * Bozman, vol. 2, p. 304. ' Bozman, vol. 2, pp. 649 and 653. * Bozman, vol. 2, p. 660-6G1. * See Record of the County Court, at Chestertown, in the Clerk's OflBce, marked " Court Proceedings '' (a fragment only of it remains), and beginning in the year " 1647." ' See Bozmaa. vol. 2. p 453-454. But Mr. Bozman is mistaken THE DAY'STAR. was soon afterwards removed from the office of commander, by Eichard Bennett, and the other commissioners appointed by Governor Stone. The office he had held, somewhat analogous to that of lieutenant-general, was one of the most honorable within the limits of the province.' He had exer- cised the power of granting land-warrants; but failed to transmit a copy of his record' — an omis- sion which nothing could justify, and which we can excuse ^ only, upon the supposition then pre va- in supposing Capt. Vaughan was not removed by the commis- sioners. See the preceding " Court Proceedings," at Chestertown, beginning in " 1647." The Record does not, indeed, contain the charges or tke trial. But we will find there the order of the commissioners displacing Capt. Vaughan. ^ In the commission of 1648 (see Bozman, vol. 2, p. 653), he was clothed with the power of selecting his councillors ; of hold- ing courts, whenever there was a necessity ; of deciding all civil cases "not exceeding" ten pounds sterling; and of disposing of all criminal ©nes " determined by any justice of the peace in England," in the "courts of session, not extending to life or member." Some of the early commissions conferred also a great deal of military and executive authority. See Bozman for a copy of these commissions. ^ Bozman, vol. 2, p. 460-463. ' In extenuation of Capt. Vaughan's delinquency, it may be added, that the commander of Anne Arundel also failed to trans- mit a copy of his proceedings. And even the surveyor-general, CAPT. VAUGHAN, 193 lent in the province, that the English government had resolved to deprive the proprietary of his lawful authority. The power to grant warrants was, therefore, revoked by Governor Stone, the latter part of 1652,' The date of Capt. Yaughan's death cannot be given. But he left two children : William,^ who died in 1684 ; and Mary, the wife of Major James Einggold,^ of Huntingfield. Wil- Robert Clarke, a Roman Catholic, did Rot make a due return, in 1.652, of the certificates from that couuiy, and from Kent. * Bozman, vol. 2, p, 463. '^ The will of William Vaughan is recorded in Lib. G. See p. 64. He desires his friends to bury him " near ye body of his deceased father ;" requests Major Ringgold to be the " guardian " to his two little children 5 and gives his daughter a tract of 200 acres upon the Island, and which is still called '^ Parson's Point ;" but does not name either of the children — speaking of them, simply, as his "son" and "daughter." He divides the rest of the estate between his wife and two children. ^ The following is an extract (see Lib. G., pp, 232-233) from the will of Major Ringgold: '*1 give and bequeath unto my son, James Ringgold, the plantation I now live on, provided that my Bon, Thomas Ringgold, shall refuse to set him out 300 acres of land, at the northernmost bounds of GOO acres of land given by my father, Thomas Ringgold, deceased, unto my said son Thomas, before his death. And whereas my son, James Ringgold, is now the heir apparent unto Captain Robert Vaughan, late of Kent County, deceased — being the eldest son of the now only daughter, and heir of him, the said Vaughan — my will and intent is, that in 9 1.94 THE DAY-STAE. iiain also left two children, who both died without Issue. But the priyy councillor was represented by James/ the son of Major Einggold, and who died upon Kent Island, about 1705, leaving three children.' case he, the said James, comes to enjoy the same, that then ray aforesaid plaatation mentioned in this fourth Article, as also the 300 mentioned in the same Article, be and remain wholly to my son, Thomas Ringgold, and his heirs, for ever." Thomas, it would seem, was the son by a previous marriage. "William, John, and Charles, appear to be full brothers of James. ^ The will of James Ringgold, of Kent Island, then a part cf Talbot County, is dated in 1704. See Lib. T. B. No. 2, p. 660, He names his three children, Moses, Mary, and James. ' Thomas, the emigrant, and the ancestor of the Ringgolds af Kent Island, of Huntingfield, of Chestertown, and of Fountain- Rock, resided upon the Island, was a cotenporary of Captaia Vaughan, and sustained a responsible position upon the bench of the County Court. His son, Major James Ringgold, about 1680, founded New Yarmouth, which stood upon Gray's Inn Creek, and where the courts of the county were once held. For a period of more than two hundred years, the Ringgolds have been one of the leading families of Maryland. They are distinguished in the his- tory of our colonization, and of the early provincial commerce upon the Chester. At the period of the American Revolution, they were conspicuous for their patriotism. They have been represented in the Hall of Congress ; and upon the field of battle. HON. MR. CLAUSE. 195 CHAPTER XXn. The Honorable Robert Clarke, The Honorable Robert Clarke arrived witbin four years ^ of tbe settlement at St. Mary's; and, in tbe sbipment of goods for tbe Indian trade, be represented a Roman Catbolic missionary, as early as 1639." Tbe same year, be sat as a freeman in tbe legislature ; ^ tbe following, was a deputy sur- veyor ;"* and in 1649, tbe surveyor-general of tbe province." He was not included in tbe commis- sion of 1648 for tbe privy council. But tbere is * One of the records states he came in 1637 ; another, in 1633. See Land Office Records, Lib. No. 1, p. 71 ; and Lib. No. 2, p. 425. ' The Reverend Thomas Copley. Land Office Records, Lib. No. 2, p. 38. * An individual, not a delegate. Into some of our early assem- blies, the representative system was but partially Introduced. Bozman, vol. 2, p. 103. * Lib. No. 1, p. 72. * The commission (see Bozman, Vol. 2, p. 339) is dated in 1648 ; but he did not immediately enter the office. 196 THE DAY-STAB. evidence of the fact, tliat he sat in that House of the Assembly, in 1649, and in several subsequent years.' Many of the certificates signed by this survey or-general, are still preserved ; and in 1651, he occupied the post of steward (with power to hold the court-baron) of Calverton — a manor of nearly ten thousand acres,' at the head of the Wicomico, intended (such was the paternal policy of the feudal proprietary) for a secure "habita» ti#n " of " six nations " of Indians, who had desired "to put themselves" under the government's "pro- tection." He also, during the ascendency of the Puritans, openly, in court, confessed his faith in ^ The documents, in a preceding part of this volume, prove he was afBiember of the council in 1649. On the 20th of April (0. S.) 1650, he was, for a reason not stated upon the Journal, excused from sitting. See Lib. No. 3, p. 55. In 1654, also, he was a privy councillor. See Lib. No. 1, p. 521. In 1648 he was a bur- gess (see Lib. No. 2, pp. 293, 294) and held nine proxies. In 1658 he was a judge of the Provincial Court. Lib. " S, 1658 to 1662, Judgments," p. 15. In 1660 he was again in the council ; but did not sympathize with governor Fendall, in his treachery toward the proprietary. ^ The " six nations " who had desired to be under the proprie* tary's prote«tion, and for whom, as copyhold tenants, this manor was intended, bore the names of Mattapanians, Wicomocons, Patuxents, Lamasconsons, Highahwixons, and Chopticons. See Bozman, vol. 2, p. 675. HON. MR. CLARKE. 197 the Koman Catholic Church.' Upon a previous surrender, at the battle near the Severn, he was taken prisoner by the Puritans ; "^ and then treated as a rebel. Tried by a '' council of war," but saved " by the petitions of the women," ^ he was next lined ten thousand pounds of tobacco." Un- able to pay the mulct, he assigned various bills to the amount of three thousand ; and surrendered his plantation upon Britton's Bay.^ About six months later, in a state of " deep distress," without the means of "subsistence" either for his "chil- dren " or for " himself," he submitted a petition. And the court, composed of Capt. Fuller and other leading Puritans, gave him a temporary possession of the land.^ In 1657, his boiijd. was ^ '•' Robert Clarke, Gent., hath openly in court confessed him- self to be a Roman Catholic ; owning the Pope's supremacy." See Proceedings of the Provincial Court, October Term, 1G55 ; Land Office Records, Lib. No. 3, p. 156, This was many months after the battle near the Severn. " Bozman, vol. 2, p. 527 ; and Records of the Land Office, Lib. No. 3, p. 163. " Bozman, vol. 2, p. 688. * Land Office Records, Lib. No. 3, pp. 156 and 157. ' Same Liber, pp. 156, 157. 'The following is the order passed by the court in 1656:— " Whereas Robert Clarke, Gent., hath petitioned to this court for 198 THE DAT-STAK. required.* He never succeeded in reclaiming his fortunes ; and, in his will, dated in 1664, there ap- pears but little property.^ His posterity was dis- persed through various parts of the province ; and, in 1686, died his eldest son, John, a resident of St. Mary's County, holding land upon a branch of St. Thomas's Creek,^ in Charles County ; and leav- ing John, Kobert, Benjamin, and two other chil- dren.* The only marriage of the privy councillor some relief in liis exceeding deep distress, not having any way of subsistence for himself and children ; the court taking it into consideration, have thought fit and ordered that the plantation of the said Clarke, formerly made over unto the public for part of satisfaction of a fine imposed upon the said Clarke for his late rising up in arms and other great crimes at that time committed, be delivered into the hands of him the said Clarke for his present relief, without which he is likely to perish. And further, if the said Clarke should sell the said plantation, that then he is to pay the one half of what it shall be sold for, in part of the said fine, when it shall be demanded." Lib. No. 3, pp. 178, 179. ^ Land Office Records, Lib. No. 3, p. 317 ; and p. 349. ^ He names his children, John, Robert, Thomas, and Mary. Gives the most of his estate to John ; and half the value of a horse "to the Church." See his will. Testamentary Records at Annapolis, Lib. No. 1, 1635 to 1674, pp. 217-218. ' Rent-roll for St. Mary's and Charles, vol. 2, fol. 314 ; and Land Office Records, Lib. No. 6, p. 223. * See will of John, Lib. G. p. 193. The name of Clarke occurs HON. MR. OLAKKE. 19^ mentioned upon the records, was the one to Jane, the widow ^ of JS'icholas Causin, the ancestor of the family which held the "Manor of Causin," now represented by the Honorable John M. S. Causin. so frequently that it is very difficult to trace the descendants of the privy councillor. But the reader who may be interested in this subject, is referred to the following sources of information, in the Register's Office at Annapolis : — Wills of Thomas, in 1675, Lib. No. 2, p. 247 ; John, Lib. H., p. 48 ^ John, Lib. H. p. 177 ; Robert, Lib. T. B., p. 375 ; John, Lib. J. C— W. B., No. 2, Part 2, p. 32 ; Thomas, Lib. W. B., No. 5, p. 375 ; Edward. Lib. W. B., No. G, p. 8 ; William, Lib. T. B., No. 1, p. 51 ; Thomas, same Liber, p. 280 ; and Robert, Lib. W. B., No. 1, p. 438. There is also the will, in 1689 (see Lib. T. B., No. 2, p. 727) of Robt. Clarke, " of the parish of St. Giles, Without Cripple-Gate, London," but who had lived in Maryland, "in the West Indies" (as America was then called) ; and who was probably one of the Hon. Robt. Clarke's descendants. John's, in Lib. H., on p. 48, is dated the 7th of May, 1680, " according to the computation of the Holy Catholic Church." ' Land Office, Lib. No. 7, p. 132. 200 THE BAY -STAR, CHAPTEE XXm. The Honorable Thomas Hattoo. The Honorable Thomas Hatton, it wonld seeiHj was the son of John Hatton ; and, there is hardly a doubt, lived at London/ before his arrival. It is said, his family (which came in 1648^) had sprung from that of Sir Christopher Hatton, the lord ^ John HattoD — a brother, I presume, of the secretary — in his will of 1654 (see Records at Annapolis, Libw No. 1, 1635 to 1674, p. 519) speaks of his " late father, John Hatton f of his brothers Thomas, Samuel, and Henry ; and his sisters Sarah and Susan. The lands left him by his father, he gives his brother Thomas ; and appoints him one of his executors. Most of the family, it seems, lived in England ; and the testator, although then on a visit to Maryland, resided at London. The godfather of the secretary's Bon, Thomas, was " one of the clerks in the Six-Clerks' Office.. Chancery Lane," in the same city. See the silver spoon given, about 1650, by the godfather, Thomas Motham, on p. 186, Lib. No. 1, Records of the Land Office. ' The secretary himself states, that he came, with his wife, his two sons (Robert and Thomas), and his three white servants, in 1648 ; and that the following year arrived, under his auspices, the widow, and William, Richard, Elinor, and the other children of his HON. MK. HATTON. 201 chancellor in the reign of Elizabeth, and so much admired by the queen for his graceful person and his elegant style of dancing. And the tradition, to some extent, is confirmed, not only by the exist- ence in both families of the same baptismal names/ but also by that sense of beauty, ^ which was a characteristic not less of the honorable deceased brother Richard. Land Office Records, Lib. No. 2, p. 613. ^ " Sir Robert Hatton was a brother," says Burlie, '' of Sir Thomas Hatton, baronet ; and of Sir Christopher Hatton, K.B.. father of Lord Hatton, and ancestor of George Finch Hatton, Earl of Winchilsea." Burke's Dictionary of the Landed Gentry, Vol. 2, p. 1287. The names also of Richard, Henry, John, William, and Sarah, occur both in Burke and upon our early records. Thomas, indeed, is found frequently in the history of the English, as well as of the provincial family. ' The following note from the secretary, introducing Mr. John De Courcy (then written Coursey), is a fine specimen of the author's style — a model b©th of terseness and of elegance. John De Courcy was a brother of the Honorable Henry De Courcy ; and subsequently the clerk of Kent County : "Mr. Bradnox, — The bearer hereof, Mr. John Coursey, upon the invitation of some friends, comes amongst you to try his fortunes at Kent. His quality and good carriage will, I know, purchase ^-espect from all ; and especially from yourself and Mistress Brad- nox, whose courtesy and respect to strangers, especially to those of the better sort, hath never been wanting. And, therefore, T shall not need to use many words of commendation in his behalf. 9* 202 THE DAT-STAE. secretary of Maryland than of the distinguished statesman of England. The armorial bearings of the Hattons of London were : — " Argent, three hurts, each charged with a hend of the first / on a chief vert, an eagle displayed or^ And their crest was : — " A demi-hear rampant sable P ^ Besides the offices of secretary and of privy councillor (the commissions for which were dated on the same day,^ in the year 1648), he held the post of attorney-general of the province.' Like the other councillors appointed in 1648, he went into office, it would seem, at the commencement of the Assembly, in 1649. It is supposed he brought from England the draft of ''The Act concerning Eeligion." The official power and rank conferred But desiring, with my wife, to be kindly remembered to yourself, and Mistress Bradnox ; Rest ; '' Your assured, loving friend, Thomas Hatton, *' St. Mary's, Feb. 1653. *• The superscription — To his much respected friend Mr. Thos. Bradnox, at the Isle of Kent, in Maryland." See Court Record, at Chester-town, commencing in 1647. ^ Burke's General Armory. * ^ Bozman, vol. 2, p. 649, and p. 651. ^ In 1652, and I presume other years, he was the attorney- general. Land Office Records, Lib. No. 1, p. 302. HON. MR. HATTON. ' 203 upon our early secretaries were very great.' The present secretaryship of State is but tlie shadow of the original office, under the dominion of the first lord proprietary. Although there is no evidence of the contiugency, upon which he was authorized to act, we know he also received a commission appointing him to the post of governor.* In 1652, about the beginning of the revolutionary measures under the commissioners from the English com- monwealth, he w^as removed from the secretary- ship;' re-instated in July, the same year;* and again deprived of the office, in the month of August, 1654.^ Before the Puritan Assembly at Patuxent, the last-named year, he appeared with Mr. Chand- ler, the other burgess from St. Mary's; and, in view of his " oath " to Lord Baltimore, as well as * The secretary sat, not only in the privy council, but also upon the bench of the High Provincial Court. And great weight was attached to his opinions. The office also of chancellor was usually annexed to the secretaryship. ' The latter part of 1649, Gov. Stone having occasion to be absent from the province, appointed Thomas Green governor ; in case of his refusal, Mr. Hatton. Bozman, vol. 2, p. 377. la 1650, also, I perceive, he was appointed. Lib. No. 2, p. 615. ' Bozman, vol. 2, p. 681. * Bozman, vol. 2, p. 682. * Bozman, vol. '2, p. 685. 204 THE DAY-STAE. other reasons then reduced to writing, but now unfortunately lost, he refused to sit in that body.* At the battle of 1655, in the service of the proprietary, he lost his life. An order was issued for the " sub- sistence " of his widow out of his lordship's "rents;" and every disposition manifested, in testimony of respect for his memory, and of gratitude for his noble fidelity.* Kemarkable not more for mode- ration than for decision ; discharging his duty in every j)rivate and official relation ; a Protestant,' but not a bigot ; the ornament of his own faith, but distinguished for his loyalty to the charter, and to the person of the Koman Catholic proprietary ; ^ Bozman, vol. 2, p. 508. ^ Bozman, vol. 2, p. 698. ' He was one of the signers of the Protestant Declaration. The case of Gardiner (Bozman, vol. 2, p. 493) proves also how ready was the secretary to resist every attempt to seduce his ward and niece, Eleanor Hatton, from the faith of her family. And his nephew, William, married Elizabeth, the daughter (See Rev. Wil- liam Wilkinson's will. Lib. No. 1, 1635 to 1674, p. 190) of the first Protestant clergyman (an Anglo- Catholic) who arrived in St. Mary's after the landing of the Maryland Pilgrims. See arrival (Land Office Records, Lib. No. 3, p. G2) of " William Wil- kinson, clerk," in 1650, with his wife Mary, his daughters Rebecca and Elizabeth, and several other persons including his indented servants. The secretary's wife was also the godmother of Mathew, the son of William Stono, the Protestant governor. See p. 65. HON. MR. HATTON. 205 he presents to the student one of the most interest- ing characters in the history of the colonization of Maryland. A son and grandson, both bearing his own baptismal name, died, it wonld seem, in Maryland ; the one, in 1676,' the other in 1701 ;' the former (or a consin also called Thomas), having lived some time at Tewkesbury, in Gloucestershire, England ;' the latter, disposing, by his will, of the right to a large tract, not then fully confirmed, but due to him, as heir to the " Secretary of Mary- land ;" and granted, probably, in token of the grateful recollections cherished by the proprietary, for the noble sacrifice at the battle of 1655. I ^ Will of Thomas Hattoa of St. Mary's County, " gentleman," in Lib. No. 2, 1674 to 1704, on p. 381. Names his only son Thomas ; his sisters, Margaret and Rebecca " Wahop ;•' and seve- ral of the Hansons, who seem to be his relations. ^ Will of Thomas Hatton, of St. Mary's County, also styled " gentleman," in Lib. T. B., p. 120. He possibly had a posthumous Bon ; but the only child named in the will is Elizabeth, to whom he gives " Hunting-Creek," surveyed (see Rent Roll for St. Mary's County, No. 1, Manors, fol. 2) for the secretary, in 1G55. ' Thomas (the son, I presume of the Hon. Thomas Hatton) lived at Tewkesbury, about 1674 ; and gave Samuel of Maryland a power of attorney relating to the claim arising upon the death of his brother John. Lib. M. M., 1672 to 1675, Judgments, p. 193, and pp 578-580. 206 THE DAY-STAR. doubt if there is now living a lineal descendant of the same surname anywhere in America. But the Hattons of Piscataway are related to the family, through William, the nephew of the secretary, and the son-in-law of the Rev. William Wilkinson. William Hatton died at an advanced age in 1712, naming his children, Joseph Hatton and Penelope Middleton ; and giving to each of his grand* childi'en (including Hatton Middleton), " a gold ring," as the " token " of his " love." He also divided between his children, the home plantation, consisting of " Thompson's Rest," and " Rich Hill."^ ^ Will of William, Lib. W. B., No. 5, p. 432. la tracing the descent of the Hattons, near Piscataway, I am indebted, for the use of several land-papers, to the kindness of the Hon. William H. Tuck, of the Court of Appeals. ME. FENWICK. 207 CHAPTEE XXIY. Mr. Cuthbert Fenwick. We now desgend from tlie Upper to the Lower House — from the privy councillors to the burgesses — ^from the representatives of the proprietary to the delegates of the planters, and of the other freemen of the province. The leading member of this body, one who breathed the spirit of Copley, of Cornwallis, and of Calvert, it would seem, was Mr. Cuthbert Fenwick ; a sincere believer in the faith of the old Latin church ; one of the original Pilgrims of 1634: ; and the fairest exponent of that system of religious liberty, which had constituted the very corner-stone of the first settlement under the charter. Many, also, are his descendants in the United States. They have held a distin- guished rank in the field of civil and of military services. And they have been ornaments, not only of the priesthood, but also of the hierarchy of the American Roman Catholic church. Some 208 THE DAY-STAK. still linger among us ; our neighbors, and our friends. Tlirough evil, and through good, after the lapse of many years, in the midst of vast social and political revolutions, they have clung, with the fondness of children, to the faith of their first forefather. Is there no gratitude among Pro- testants ? Will the Protestant flinch from the performance of a plain historical duty ? Shall he, who inherits a pure Protestant blood, an unbroken Protestant faith, through eight generation s, from the age of Elizabeth ; whose first Protestant ancestor of the provincial line reached the shores of the Chesapeake but a year after the passage of the memorable Toleration Act, hesitate for one moment in doing justice to the memory of the early Roman Catholic law-givers of Maryland ? Fenwick was the seat of a distinguished family of the same name, in the county of Northumber- land, England/ And Fenwick was the manor erected for the early colonist, in what was subse- quently Resurrection hundred, St. Mary's County.' ^ Burke's General Armory ; Art. Fenwick, at Fenwick, in Northumberland. * Fenwick Manor was surveyed for Cuthbert Fenwick, in 1651. MR. FENWICK. 209 lu Maryland, also, I am told, there was an old signet ring containing the arms of the Fenwicks, of Fenwick manor ; and, it is said, that Cuthbert was a descendant of the Fenwicks in ISTorthumber- land County. But history has a more solid founda- tion than mere oral tradition; and nothing, I regret, can positively be asserted respecting the armorial bearings of the Fenwicks, of St. Mary's ; or. even their English original, beyond the relation- ship to the Eltonheads. Of Captain Cornwallis, the chief councillor of the governor in 1634, and one of the noblest spirits in the band of original Pilgrims, Mr. Fenwick was the special protege.^ For many years, also, from his arrival, did he hold a great variety of confi- dential trusts and responsible agencies ; living at " The Cross," ^ during the captain's frequent voy- ages to England ; and transacting, with strict fidelity, all his important business upon the manor. It is upon the Patuxent. Rent Roll for St. Mary's & Charles, vol. 1, fol. 55. » Land OfiQce Records, Lib. A. B. & H., p. 244. ^ The name of Capt. Cornwallis's manor-house. The manor, itself, was called " Cornwallis's Gross." Rent Roll for St. Mary's County ; also Lib. No. 1, pp. 115-117, and elsewhere. 210 THE DAY-STAR. So intimate was the relationship, that he was sum- moned on one occasion (the only case of so peculiar a kind of representation, I believe, upon the records), by a special w^rit, to sit as the " attorney " of the councillor, at a meeting of the General Assembly.' More, also, on account of the enmity towards Cornwallis than any ground of personal dislike, was he plundered by Captain Ingle," the pirate, the man who gloried in the name of " The Eeformation."' In the grant of land for the early Eoman Catholic missions, his name and services, it appears, were used. It seems, also, he was inti- ^ This was in 1640. Bozman, vol. 2, p. 171. ^ He was, about 1645, surprised by Ingle's party, and treacher- ously confined as a prisoner, on board that pirate'8 ship ; the manor-house of Capt. Thomas Cornwallis much injured, and also plundered of its servants, valuable furniture, and other property. On his way to Accomac, Va., he was also robbed of his " clothes," and " papers." Lib. No. 1, pp. 432-433 ; pp. 572-573 ; pp. 582- 583 ; and p. 584. Lib. No. 2, p. 354 ; and pp. 616-617. ^ The world, alas ! is governed more by the shadow than by the substance ! Here is a man from "Wapping, in Middlesex, England (see Lib. No. 1, pp. 377) — a sea-captain of a reckless sort of courage — plundering a missionary, and many other Roman Catho- lics of the province ; and, by universal consent, a pirate ; yet giving to his very ship the name of " The Reformation !" Lib. No. 1, p. 224. Triumphant, for a short time, in his rebellion ; he did a great deal of injury to the proprietary. ME. FENWICK. 211 mate with the Kev. Thomas Copley ; and often in contact with Governor Leonard Calvert ; took part in the little engagement of 1635, upon a tributary of the Chesapeake, between the pinnace commanded by Warren (the lieutenant of Clayborne), and the two armed boats under the command of Cornwal- lis ; ' and sat in the Assembly of 1638, the earliest of which we have a satisfactory account.^ As an individual freeman, he had a seat also in the legis- lature of the subsequent year/ And few, if any, of the original colonists were members more fre- quently of the legislative body. Again : we find him aiding the government in the regulation of the Indian trade with the colonists ; * and about the same time, he reported the information he had obtained respecting the murder of Rowland Wil- liams, of Accomac' — a case which engaged the ^ Bozman, vol. 2, p. 35 ; and p. 65, where the name is written '• Hemirk," but doubtless intended for " Fenwick." The lieute- nant and two of his men were killed ; and one was lost on the captain's side, Cornwallis's boats were called " The St. Helen," and " The St. Margaret." Clayborne's next officer in command was subsequently convicted at St. Mary's. ' Bozman, vol. 2, p. G5. " Bozman, vol. 2, p. 103. ' * Bozman, vol. 2, p. 115. " The Report is dated May S, 1638." See Lib. No. 2, pp. 83-84. 212 THE DAY-STAB. prompt attention of the governor, and resulted in the union of Maryland with her sister colony/ in the punishment of the Nanticokes. In 1644, he held a commissionership in St. Mary's "" — an oftice out of which grew that of the early county court judge. He was the foreman of many of the most impor- tant trial juries,^ at the provincial court ; the first member of the financial committee,* and proba- bly the speaker, in the Lower House of the Roman Catholic Assembly of 1649 ;'* and, in the Protestant one of 1650, the chairman of a joint committee" upon the " Laws,'' including Governor Green and Colonel Price from the Upper House. The latter part of his life, he resided upon Fenwick manor ; and died about the year 1655.'' Nothing ' Lib. No. 1, p. 159. ' Bozman, vol. 2, p. 280. ' In the case, for instance, of the Piscataway Indians already quoted. ^ Lib. No. 2, p. 489. * From the report of the financial committee, the only remain- ing fragment of the Journal, it is evident that he performed some ppecial or honorable service, besides that of an ordinary member. « Lib. No. 3, p. 56. ' His Will is dated "March 6, 1654." Lib. S., 1658 to 1662, "Judgments," Court of Appeals (in the Armory), p. 219. MR* FEKWICK. 213 occurs upon the record, to lessen, in the least, the esteem to which he is so justly entitled as a legislator, and a public officer ; a Christian, and a man» Mr. Fenwick bore the name of one of the most celebrated saints,' in the history of the early Eng- lish Church; held a tract bounded by St. Cuth- bert's Creek ;^ although present, did not sign the * la speaking of the ravages of the Danes, during the ninth century. Sir Francis Palgrave says : ** The Pagans, under Half- dane, destroyed all the churches and monasteries. The ruin of the Cathedral of Lindisfairne, in particular, was lamented as the greatest misfortune of the age. Cuthbert, one of the prelates of this see, canonized by the grateful veneration of the English, was considered as the patron saint of the North 5 and the island of Lindisfairne was viewed as holy land." In a note, he adds: — "The body of St. Cuthbert was saved when the church of Lindisfairne was destroyed, and after many migrations it was deposited in the Cathedral of Durham, to which city the see of Lindisfairne was transferred (A. D. 990) ; the pre- sent bishops of Durham being the successors of the bishops of Lindisfairne. The corpse of St. Cuthbert was deposited in a magnificent shrine, which was destroyed at the time of the Reformation." " In 1827, a skeleton, supposed to be that of St. Cuthbert, was disinterred by the Rev. James Raine. The body had been deposited with some most curious relics of the Anglo- Saxon age — amongst Ihem, the cross." Palgrave's History of the Anglo-Saxons, p. 124. The engraving of St. Cuthbert's cross is on p. 142 of the History. " Rent Roll for St. Mary's and Charles, vol. 1, fol. 55. 214 THE DAY'STAE. Protestant Declaration ; upon the questions arising between the two religions parties, in the Protestant Assembly of 1650, voted with the Koman Catholic members ; ^ • gave a legacy to each of the Eoman Catholic priests, in testimony of his faith in the Church of Rome ; ^ to say nothing of the further evidence derived from the fact, that so many of his descendants are still members of the same commu^ nion. In 1649, then a widower, and the father of Thomas (who seems to have died young), of Cuth- bert, Ignatius, and " Teresa ;" ' Mr. Fenwick mar- ried Jane,* the widow of Robert Moryson (the name is written upon the record, indistinctly), of * See, in various places, the proceedings of the Assembly, in 1650, Lib. No. 3, Land Office ; also the signatures, in the same Liber, on p. 57, to the letter of this Assembly, intended for Lord Baltimore. ^ By some of the early Roman Catholics (for example, by Robert Clarke) legacies were given " to the church " — meaning, of course, the Roman Catholic ; by others, to the well known priests, Lawrence Starkie and Francis Fitzherbert, always, either tacitly or avowedly, in token of their faith in the same church ; and by a third class (Cuthbert Fenwick, for instance), simply "unto Mr. Starkie," and *' unto Mr. Fitzherbert." See Mr. Fenwick's Will, Lib. S. 1658 to 1662, Judgments, p. 219. » Land Office Records, Lib. No. 2, p. 515. * Lib. S. 1658 to 1662, Judgments, p. 218. ME. fenwick:. 215 " Kecouglitan " County, Ya. ; the sister also of Wil- liam Eltoiiliead ^ (the privy councillor of Md.), and Eichard Eltonhead^ (of " Eltonhead," Lancaster County, England) ; and the niece of Edward^ Elton- head, one of the "masters'"' of the English ''High Court of Chancery." He had issue, also, by his last marriage ; and his widow died in 1660.' The ^ Lib. No. 3, p. 262 ; Lib. S. 1658 to 1662, Judgments, p. 135 5 and pp. 219-220. Also Testamentary Records, Lib. No. I, p. 94. ^ Lib. F. F. 1665 to 1669, Judgments (Court of Appeals), in the Armory, p. 788. « Laud Office, Lib. A. B. and H., p. 165. * Lib. 5, 1658 to 1662, Judgments (Court of Appeals), p. 1 ; and Lib. No. 3 (Land Office), p. 413. ' The social and domestic life of the past constitutes the most interesting branch of history. Mrs. Fenwick's will (see Testamentary Records, Lib. No. 1, p. 114) sheds much light upon the subject ; enables us to form some idea of the degree of comfort in the family of this early colonial legislator ; and gives a very good key to a bed-chamber, a lady's wardrobe, head-dress, and other articles, in 1660. She bequeaths to her step-daughter, " Teresa," a little bed, a mohair rug, a blanket, a pair of sheets, aud *' the yellow curtains ;" her taffeta suit, and serge coat ; all her *' fine linen," consisting of aprons, handkerchiefs, head-clothes, &c. ; her ** wedding-ring;" her hoods, scarfs (except her " great" one), aud gloves (except three pair of cotton) ; and her three petticoats, one of which is a " tufted-holland," another a " new serge," and the third a " spangled " one. She gives to her own three children, Robert, Richard, and John, her '' great scarf," all her jewels^ "plate," and rings (except the " wedding" one) ; and to each of them a bed, and pair of cotton gloves. To her stepsons, Cuthbert 216 THE DAY-STAE. children were Robert, Richard, and John.^ But and*Ignatiiis, she wills an " ell of taffeta ;" to her negro-servant, Dorothy, her " red cotton coat " and some " old linen ;" to Esther, her " new maid-servant," all the linen of ''the coarser sort ;" to Thomas, the Indian, two pair of shoes, a matchcoat, and some other things ; to Anthumpt, another Indian, several articles of clothing ; to Thomas's mother (the " old Indian woman ") three yards of cotton ; to the Rev. Francis Fitzherbert, a hogshead of tobacco, for five years ; to William (a negro) the right to his free- dom, provided he pay a hogshead every year to the church, and continue a member ; and to the church the same negro, as a slave " for ever," if he leave her communion — one of the few cases of individual intolerance, on the same side, in our early history, and outweighed by a great number of instances, on the other if not, indeed, excusable by the fact, that some of her dearest friends had fallen by the bloody hand of the Puritans, including her own bro- ther, the Hon. Wm. Eltonhead. Take also the following (from Lib. No. 1, Land Office Records, p. 401) about two years before her brother's execution. According to the testimony of Mary Jones, it appears, Martin Kirk and his wife, with Lizy Potter, " had found a way to pay Eltonhead, without weight or scales !" " Hang them!'' they added, "Papists! dogs! They shall have no right here ; for the governor cannot abide them, but from the teeth outwards." The Yandal outruns the bigot in the case of a noted Protestant of Kent Island, who, entering Capt. Brent's house, and going into the " loft," threw down the captain's books, with the words, " Burn Papists ! devils !" This was about the time of Ingle's rebellion. I deem it fair to add, the part of Roger Bax- ter's testimony relating to the books, was not reduced to writing. But Francis Brooke, a judge of the county court, was present at the taking of the deposition ; and states the fact, in his own depo- sition. Lib. No. 2, p. 387. * See wills of Mr. Fenwick, and hia widow Jane. I infer, then, ME. FENWIOK. 217 Cutlibert, his eldest son by a previous marriage, held, under the will, the lordship of Fenwick Manor, The Fenwicks of Cole's Creek, of Cherry- iields, of Pomonkey, and elsewhere, in Maryland ; of Kentucky ; and (it is said) of the South also (including a well-known officer in the war of 1812) ; are but some of the off-shoots ^ from the family of Cuthbert, the pilgrim of 1634, and the original lord of the manor. One of the descendants of the early law-giver was a member of the convention, which framed the Constitution of the State, in that his three youngest sons were, on their mother's side, descend- ants of the Eltonheads, of Eltonhead ; whose arras, according to Burke's General Armory, are — Quarterly, per /esse indented, sable and argent^ on the first quarter three plates. - The family is so large as to render it impossible to present even a condensed history in any but a v/ork expressly devoted to the department of genealogy. The following wills contain a large body of facts :— Wills of Richard, in 1714, Lib. W. B., No. 5, p. 699 ; of John, 1720, T. B. No. 1, p. 339 ; Dorothy, 1724, W. B., No. 1, p. 285 5 Cuthbert, about 1728, C. C, No. 2, p. 888 ; Ellen, 1737, T. D., p. 825 ; Philip, 1750, D. D., No. 6, p. 183 ; Enock, 1758, B. T., No. 2, p. 582 ; Joseph, 1758, B. T., No. 2, p. 624 ; Cuthbert, 1762, D. D., No. 1, in 2 parts, p. 891 ; Benedict, 1769, W. D., No. 2, p. 251 ; Bennett, 1770, W. D., No. 3, p. 458 ; George, 1769, W. D., No. 3, p. 703 ; Elizabeth, 1771, AV. D., No. 4, p. 347 ; Robert, 1774, W. F., No. 1, p. 113; and Ignatius, 1776, W. F., No. 2. p. 219. 10 218 THE DAY-STAE. 1774-1776;' two held a seat in the Senate of Maryland ; ' and a fourth was the consul of the United States, at Bordeaux. Many of them were priests;^ one was the president of a college;* and two were bishops/ They are also connected with the Spaldings of St. Mary's, the relations of the bishop of Louisville/ And a living descendant of the pilgrim held the post of attorney-general ^ — • ' Ignatius, of Mary's County. ^ Athanasius and James j the former closely related to the Jherry-field branch, near St. Inigo's, St. Mary's County ; the latter (Col. James), the brother of the bishop of Cincinnati, and the ancestor of the Fenwicks, of Pomonkey, in Charles. ' John, the uncle of the bishop of Cincinnati ; Enoch, who died in 1827 ; George, late professor of Rhetoric, in the Novitiate of the Society of Jesus, at Frederick, but now living at Inigo's : the children of Mrs. Young, the sister of Col. Jas. Fenwick ; and pro- bably several others ; have represented the family in the priest- hood. John died about 1814. * Enock, already named, ^was the president of Georgetown College. * Edward, the first bishop of Cincinnati, and a very near rela- tion to the Fenwicks of Pomonkey 5 and Benedict, the second bishop of Boston, and the brother of President Fenwick, and Pro- fessor Fenwick. Edward died in 1832 ; Benedict in 1845. * The Rt. Rev. Martin J. Spalding, the present bishop of the diocese. See Elizabeth's will, 1771, W. D. No. 4, p. S47, for the connection with the Spaldings. ^ Robert James Brent, a Fenwick on the maternal side, and th€ immediate descendant of the Fenwicks of Pomonkey. MB. FENWICE, 219 the last link ^ in a long chain of distinguished law* yers from the provincial era of the Hattons, the Lowes, and the Darnalls, down to the days of a Martin, a Taney, and a Richardson. * The oflSce was aboliahed by the late Constitutional Convention of Maryland. THE DAY-STAB. CHAPTER XXY. Mr. Philip Conner. The time of Mr. Philip Conner's * arrival cannot be ascertained ; but be came about tbe year 1645. Under tbe commandersbip of Captain Kobert Yaugban, in 1647, be was a commissioner of tbe Isle of Kent ; ^ sat, tbe following year, in tbe Assembly, as an individual freeman ; ^ and was tbe member from Kent, in 1649/ Autborized-to issue writs, upon tbe removal of tbe captain, in tbe montli of ]^ovember, 1648;' and tbe only one of tbe commissioners retained in office, tbe succeeding * Sometimes spelled "Conyer." Kent Island Records at Chea- tertown. ' Bozman, vol. 2, p. 304. ' Capt. Vaughan, in 1648, held 24 voices ; Mr. Conner, and Capt. Thomas Bradnox sat, simply, at* freemen, without any proxies. Lib. No. 2, pp. 293-294. * Lib. No. 2, pp. 488-489. * Bozman, vol. 2, p. 343. MR. CONNER. 221 'month, by a Roman Catholic governor ; * he fortu- nately, about four years later, escaped the censure of the Puritan commissioners.'* Free from entan- glements of every sort — giving great satisfaction, for a period of many years, by his manner of administering justice — he was elevated, near the close of his life, to the honorable post of com- mander of the county.^ His career, in every par- ticular, was marked with discretion ; and we might suppose he was a Roman Catholic, living in a Protestant county. But, while no satisfactory clew can be found in his own words or deeds ; from the pen of a contemporary, we have the proof, that he was a Protestant.* The will of this early colonist is lost. But from his inventory, it appears, he died about 1660. Judging from the same paper, he lived in a style ^ Upon Captain Vaugban's re-instatement. Bozman, vol. 2, p. 344. ' Vaughan, in 1652, was removed by the Puritan commissioners. See the names of the commissioners sent, in Bozman, vol. 2, p. 454. But Bozman's inference is false. They did visit the island. See Kent Island Records, at Chestertown. ' See oldest Land Records, at Chestertown. * The evidence, which is obtained from the will of Thomas Allen, will be given, in a note to the sketch of Capt. Banks's life. 222 THE DAT-STAE. superior to the ordinary level of comfort, at that period/ He held " Conner's Neck," " The Wood- yard Thicket," and other tracts, upon Kent Island;^ and there, lived his descendants also, for several generations. It seems, there was a branch of the family in Dorchester and Somerset ; and he has probably a descendant living at Chestertown. His son, Philip,^ died, about 1700, upon the Isle of Kent,^ then a part of Talbot ; and his grandson, of the same name, in 1722, leaving two brothers and three sons.' ^ The inventory is found in a Record of Wills, and Proceedings in Testamentary cases, beginning in 1657. He had 120 head of cattle, and 34 hogs ; 7 feather beds, and 6 rugs ; 2 pair of cur- tains, with valance ; 2 flock beds, with 2 rugs ; 3 diaper table- cloths ; 18 napkins ; 8 chairs ; 12 wine glasses ; and a great variety of other articles. ^ Lib. No. 12, pp. 572-573. See also Rent Roll for Queen Anne's ; for a copy of which, I was indebted, through the kind agency of Judge Chambers, to the late Hon. William Carmichael. => Lib. No. 12, p. 572. * Will of Philip, 1701 (Lib. T. B. p. 350), who gives his son, Philip, " Conner's Neck ;" and to his other children Nathaniel, and Charles, "The Wood-yard Thicket." Disposes also of a tract, supposed to be his, on the Elk River. ^ Will of Philip (witnessed by Nathaniel and Charles, Lib. A. & D., No. 2, p. 196) gives a tract, when recovered, in Kent, near Morgan's Creek, in equal parts, to his sons James, Nathaniel, and MK. CONNER. 223 Charles. Will of Nathaniel, his brother, is found in Lib. C. C, No. 2, p. 150. Nathaniel names his son-in-law, Mathew Brown ; h\3 daughter, Letitia Brown; and his granddaughter, Mary Brown. There is also the will of John Conner, a merchant of Chestertown, whose children were James and Isabella. He died about 1750. 224 THE DAY-STAK, CHAPTER XXYI. Mr. William Bretton. Mk. Bkettoi^ arrived^ with his wife, Mary (the daughter of Thomas ]|l"abbs), and one child, within three years from the landing of the Pilgrims.* He soon afterwards held a large tract upon Britton's Bay ;* and many years, lived in Newtown hundred ; was a soldier at St. Inigo's Fort, at a very critical period, in the administration of Gover- nor Calvert ; ^ and the register of the Provincial Court, under Governor Green, with the power, during the lieutenant-generars absence, to sign writs, " under the governor's name;'^* kept some of the most important records of the province, till the ^ He arrived ia 1637. Lib. No. 1, p. 69. ' la Newtown hundred, and held of the Manor of Little Britain, and also called ''Little Britton" (Rent Roll for St. Mary's and Charles, vol. 1, fol. 24) ; bounded on the south by the Potomac, on the east by Britton's Bay, on the west by St. Clement's Bay, and partly by St. Nicholas's Creek, on the North. Lib. No. 1, p. 69. He certainly lived in Newtown, in 1649. Lib. No. 2, p. 459. » Lib. No. 2, p. 284. * Lib, No. 2, p. 226 ; and p. 22& MR. BRETTON. 225 , arrival of Mr. Hatton, in 1 649 ; ' and was the clerk of the Protestant Assembly in 1650.'' In the legislature of 164:8, he held four voices/ three of them certainly* from IsTewtown; probably the fourth also. And, from his familiarity with the records, as well as his general knowledge of busi- ness, we cannot but presume he was one of the most influential members of the Koman Catholic Assembly in 1649." He is also worthy of remem- brance, in consideration of the fact, that he founded one of the first Koman Catholic chapels of the province " — a chapel which was erected and sustained by the pious members of his own church in ISTewtown,^ and in St. Clement's hundred ; which ^ Lib. No. 2, p. 448. ' Bozman, vol. 2, p. 383. ' Lib. No. 2, pp. 293-294. * Lib. No. 2, pp. 287-288. " Lib. No. 2, pp. 488-489. » Lib. S. 1G58 to 1G62, Judgments, p. 1026. ' There is evidence, upon various Records. The deed, itself, recites the " unanimous" agreement. And Col. Jarboe, and Wil- liam Tattershall (planters upon Britton's Bay, and relations of the U. C. privy councillor, Mr. Pile), gave, each of them, a legacy 5 the former, in 1671, to the Father of ''St. Ignatius's Chapel," for the use of the "poor Catholics ;" the latter, about 1670, to the *• Reverend father " of the same chapel. See Wills, Lib. No. 2, 1674 to 1704, p. C7 ; and Lib. No. 1, 1635 to 1674, pp. 391-392. Other cases could be cited, 10* 220 THE DAY-STAK. also bore the name of " the patron saint of Mary- land."^ A mystery clonds the latter part of his life. About 1651, he married Mrs. Temperance Jay.' Misfortune seems soon after to have attended him ; and his " son " and " daughter " received " alms," at a moment of deep distress.' ]^or can his will be found ; or his posterity traced. But there is no doubt whatever, he was one of the Boman Catholio Assemblymen of 1649. He held a tract bounded by St. William's Creek ;* the most striking part of his cattle-mark {a fleur-de-lisf was a favorite device ' St. Michael was one of the guardian angels. But St. Ignatius was generally regarded the patron saint. See Father White. « Lib. S., 1658 to 1662, Judgments, p. 336-337 ; and p. 1026. ' " There was given to Mr. Bretton's son and daughter an alms, they being in extremity of want." See Statement of Ralph Croutch, at London, in 1662 ; Lib. B. B., 1663 to 1665, p. 22. Mr. Croutch was one of the executors of Edward Cotton, a colonist. * Lib. S., 1658 to 1662, p. 1026. ' To prevent mistakes and disputes, as well as felonies (for many of our early plantations had but few fences, and the flocks and herds often wandered through thick forests, which have long since disappeared), the law of the province required, in the strictest manner, every colonist to register his cattle-mark. On p. 459, in Lib. No. 2, we find :— " William Bretton, gent., recorded his mark of hogs and cattle, viz.: Over and underkeeled, y* right ear, commonly called a fleur-de-lis ; cropt y« left ear. Which is MR. BEETTON. 227 with the members of his chm-ch, at that period ; ' his name is not among the signers of the Protestant Declaration;^ and the very phraseology, in his gift of the church-lot, has the unmistakable marks of his sympathy with the faith of the Eoman church, and (independently of other evidence) is sufficient to satisfy a reasonable mind.^ the true and only mark of ye said William Bretton." It will be observed, that the Jleur-de-lis (or, heraldic lily) differs from the lily of the garden, in having three leaves instead of five. See Burke. ' It was a part of the mark of Doctor Thomas Matthews (Lib. No. 2, p. 511), of Col. William Evans (Lib. S., 1658 to 1662, p. 25), and of Doctor Thomas Gerrard (Lib. S., 1658 to 1662, p. 117). These gentlemen were, all, Roman Catholics. See confession of Mathews, Lib. No. 3, p. 157 ; will of Evans, Lib. No. 1, 1635 to 1674, p. 331 ; and the faith of Gerrard, in the case of the Rev. Francis Fitzher- bert, in another note. I perceive no instance, at this period, in which the Jieur-de-lis^ as a part of the cattle-mark, was adopted by any Protestant. ' He was in the Assembly when the Declaration was drawn up and signed. But he was not one of the signers. ' The following is from Lib. S. 1658 to 1662, Judgments, p. 1026 : " April y* 12, 1662. This day came Mr. Wm. Bretton, and desired the ensuing to be recorded : viz. " AD PERPETUAM REI MEMORIAM. " Forasmuch as divers good and zealous Roman Catholic inhabit- ants of Newtown, and St. Clement's Bay, have unanimously agreed, amongst themselves, to erect and build a church or chapel whither 228 THE DAT-STAK. they may repair oa Sundays, and other holy days appointed and commanded by Holy Church ; to serve Almighty God ; and hear divine service. And the most convenient place for that purpose, desired and pitched upon, by them all, is on a certain parcel of the land belonging to Wm. Bretton, gentleman. Now know ye, that I, William Bretton, of Little-Bretton, in y« county of St. Mary's, in the province of Maryland, gentleman ; with the hearty, good-liking of my dearly beloved wife, Temperance Bretton ; to the greater honor and glory of Almighty God, the Ever-Immacu- late Virgin Mary, and all Saints ; have given, and do hereby freely for ever give, to the behoof of the said Roman Catholic inhabitants, and their posterity, or successors, Roman Catholics, 60 much land, as they shall build y* said church or chapel ou ; which, for their better convenience, they may frequent, to serve Almighty God, and hear divine service, as aforesaid ; with such other land adjoining to y^ said church or chapel, convenient like- wise for a churchyard, wherein to bury their dead ; containing about one acre and a half of ground, situate and lying on a dividend of land called Bretton's Outlet, and on the east side of y« said dividend, near to y^ head of the creek called St. William's Creek, which falleth into St. Nicholas's Creek, and near unto the narrowest place of y« freehold of Little-Bretton, commonly called The Straits," &c., &c. Could not this interesting little chapel's history yet be writ- ten ? The deed surely indicates, with suflacient distinctness, the gpot where it stood. It is dated the " tenth " of November ME. BROWNE, 229 CHAPTEK XXYII. Mr. Richard Browne. Nothing is known of the ancestry, birth-place, or posterity of Mr. Browne ; and less, indeed, of his own immediate life, than that of any member of the Assembly in 1649. A part of the obscurity arises from the fact, that two persons of his name lived here about the same period ; the one hav- ing arrived about the year 1638;' the other, during the month of July, 1648.' The former, it seems, took the " oath of fealty," '^ June 27th, 1647;"' and the latter, the ''14th of J^ovember," 1648." The name of ^^ Ricliard Browne^'' also appears among the members of the preceding * He was one of the securities, that year, upon the bond of Lieut. Wm. Lewis, the Roman Catholic. See Lewis's case, in Bozman, vol. 2, p. 598. * Lib. No. 2, p. 458. ^ Council Proceedings, from 1636 to 1657, in the Executive Cham, ber, p. 144. * Council Proceedings, p. 145. 230 THE DAY-STAE. Assembly ; ^ and is affixed, about a year later, to the Protestant Declaration.^ One of them (the emigrant of 1648) usually had the prefix of " JI/t".", or the addition of " gerdlemayir The other, proba- bly, belonged to the class of yeomen.^ The former lived upon Clement's manor, the latter part of 1649/ The residence of the latter, during the same year, it is now impossible to give. We may suppose, the " gentleman " was the member of the Assembly ; and also one of the persons of consideration, in the province, who signed the Declaration. But the evidence of the Assembly- man's identity with the Protestant, is, by no means, conclusive. The result of the investigation is any- thing but satisfactory. ' Lib. No. 2, pp. 488, 489. " See Declaration, Bozman, vol. 2, p. 672. ^ He rarely had eitlier the prefix or the addition. * Lib. No. 3, pp. 96, 97. The plantation upon the manor was bought (see Lib. No. 2, p. 508) "June 29, 1649 ;" and sold, by " Richard Brown, gentleman " (see Lib. No. 3, pp. 101, 102), <' unto George Manners and his assigns," in the year 1651. MR. MANNERS. 231 OHAPTEE XXYIII. Mr. George Manners. But little also can be gleaned from the records relating to tlie life of Mr. Manners. Enongh, however, remains to warrant the supposition, he was a soldier in the march under Colonel Price, in 1647, against a hostile band of eastern-shore Indians ; ' and we know he held a seat in the ^ The JVanticokes and the JVicomicks. Bozraan (vol. 2, p. 310) doubts if the "expedition" ever "took place." That it did, is evident. " Jas. Lindsay, at y« request of Capt. Jno. Price, saith upon his oath, that Lieut. Wm. Lewis was the first man, that drew sword, and entered the house, pullitig the mat from off the house ; and brought forth out of the house an Indian woman, and a child ; delivering her to the guard, at y march on y^ Eastern shore, sometime in July last ; and further he saith not. George Man- ners deposeth the same, and addeth further, that at the entering of the house, Lt. Lewis gave the word ' Give fire.' And an Indian bolting out of y« house, the said Lt. Lewis commanded his party to give fire upon the Indian also. And when both parties came together, Capt. Price commanded the whole party to march, and bid them not to wrong, or take any thing from any Indian, or ehoot at any Indian. And so they marched near upon two miles 232 THE DAY-STAR. Assembly of the province, during the years 1649 * and 1650.^ We have also the evidence of the fact, that he was a Roman Catholic. Present at the signing of the Declaration, he did not affix his name. Upon the test questions of 1650, he acted with the Itoman Catholic members of the Assem- bly.' And he gave a legacy to the church, of which he was a member. He died in 1651,* leaving his sons William and Edward, and his daughter Barbara. back again, not shooting any gun. But the Indians, gathering in great companies about our men, shot a man of ours in the rear. And then Capt. Price commanded the company to give fire ; and not before. Walter Gweast deposeth idem ad verha.''^ See Lib. No. 2, pp. 306-307. ^ Lib. No. 2, pp. 488-489. "^ Lib. No. 3, p. 47. ^ See, for the sake of illustration, Bozman, vol. 2, p. 389 ; and Lib. No. 3 (Laud-Office Kecorfls), p. 57. * The possessions of our forefathers, besides their lands and ser- vants, consisted chiefly of flocks and herds. " I give and bequeath to the church one red cow-calf." See will of Mr. Manners, Lib. No. 1, 1635 to 1674, p. 32. "Church," without an express decla- ration to the contrary, always, during that period, signified the Roman Catholic. And the gift was in token of the testator's faith. See {ex. gra.) the wills of the well-known Roman Catholics, Robt. Clarke, and Barnaby Jackson. See also, on the other hand, the note to p. 235 of this volume. CAPT. BAlfKS, 233 CHAPTER XXIX. Captain Richard Banks. AssuMESTG, that Captain Banks was one of the Pro- testant members of the Assembly in 164:9 ; we are struck with the magnanimity, w^hich subsequently marked his career. Of his ancestry, nothing is posi- tively known ; and it is doubtful if he left any de- scendants. But we are informed of the fact, that lie married Margaret Hatton, the widow of the secre- tary's brother.' He arrived in 1646.^ His house was robbed by Ingle's accomplices ; ' and he arrested, about the same time, five Indians,* who were suspected of "felony," but soon afterwards tried and acquitted. In the Assembly of 1648, he represented twenty-four freemen ; " and we know, ^ Lib. No. l,p. 440. ■■' Lib. No. 2, p. 458 ; and Lib. A. B. and H., p. 15. ' Robbed of tobacco sold to Capt. Cornwallii. Lib. No. 2, p. 303. * They were Patuxents. Lib. No. 2, p. 343. * On the 20th of January (0. S.) he held, from New-town, 234 THE DAT-STAE. he sat in the same body, during the year 1649/ In 1652, he held the responsible post of a council- lor, under the sway of the Puritans ;'' yet in 1655, he was on the side of Governor Stone. Satisfied of the purity of his intentions, the victorious party, within a few months after the battle, gave him a discharge;' but the following October (having "done something" offensive at 'the election of burgesses), he was required to give securit}^ for his "good abearance."* From all, that can now be ascertained, we have reason for the belief, that his character was in the highest degree estimable. His pledge for the redemption, from captivity, of an orphan child, is honorable to his memory ; ^ " 19 proxies '' (Lib. No. 2, pp. 287, 288) ; and, on the 28th of the same month (p. 293, 294), " 24 voices." ' Lib. No. 2, pp. 488, 489. 2 Bozman, vol. 2, p. 681. ^ •* Lieut. Richard Banks and Thomas Tunnell, being found in arms against the present government ; and pleading they were misled by the protestation of Capt. Stone, who said, he had power, from the Lord Protector ; and also did surrender a fort upon the first summons; are discharged from further trouble, in the action, upon their submission, and good forbearance to the present government." Lib. No. 3, p. 138, Proceedings of the Provincial Court, April Term, 1655. "• Lib. No. 3 p. 156. ® An order was passed by the Assembly for the ransom of Thos. CAPT. BANKS. 235 and illustrates a trait, for which he seems to have been distinguished. His acceptance of an office under the Puritans, suggests the idea that he was a Protestant ; but his subsequent sympathy with the government of the proprietary, and the part he took in the contest of 1655, would render the supposition extremely doubtful. A colonist of his surname (probably his son), was unquestionably a member of the English church ; ' and this fact strengthens the opinion, that the Assembly-man of 1649 held the same faith. But the probability is weakened by the further fact, that the name of Banks occurs very frequently upon the records ; Allen's two children ; and they were required to serve the persons who might advance the money. But on " the 15th of September, 1650, lieutenant" (subsequently captain) "Banks freely engageth himself to satisfy the 900 pounds of tobacco and cask, for the redemption of Thomas, the son of Thos. Allen, deceased ; accord- ing to the order of the Assembly for that purpose ; without any consideration of servitude, or any other consideration whatever, but his free love, and affection. Witness his hand, y" day and year abovesaid. Richard Banks.-' See the Assembly's Order (Lib. No. 3, p. 42-43) for the payment to the Indians ; and Capt. Banks's Engagement, Lib. No. 3, p. 26. ^ •■' Declaring myself hereby to be a Christian, and to hold the Catholic faith, as it is established by the canonical doctrine of the Church of England, into which I was baptized." Will of Thos. Bankes, in 1684, Lib. G., p. 126. Catholic is, here, expressly defined 236 THE DAY-STAR. and that many who bore it, were not at all related to each other. Accident, however, sometimes rewards the diligence of the student. From an incidental som-ce, we have the proof, that Captain Banks was a Protestant.^ ^ " Now for the disposal of my children," says Thos. Allen, '' I would not have them live with any Papist. For my eldest son, Thomas, if he pleases to live with one of the overseers of this my will ; he may, during his pleasure." Capt. Banks was one of the overseers. See the Will, Lib. No. 1, 1635 to 1674, p. 15. In the same paper, he suggests to his overseers to offer another son to Mr, Phil. Conner, who had expressed a desire to adopt one of the children. The will is dated in 1648 ; and written, under great anxiety, from an apprehension of violence, or some other cause. The next thing, we learn, is the captivity of his orphans among the Indians He was an Assembly-man in 1648. ME. MAtmSELL. 2ST CHAPTER XXX. Mr. John Maunsell. Mr. Maunsell^ arrived, as early as the year 1637;' and lived in St. Clement's hundred in 1642.^ It would seem, his residence about ten years later, was in the same part of St. Mary's county ;^ and either there, or in the adjacent hun- dred of ^ewtown,^ we cannot but suppose, he may be traced, during the year 1649, when he held a seat in the General Assembly of the province. He did not take up many tracts of land ; and all his possessions were indeed rather small; but he is generally styled " planter " upon . the records. And, while his name is not often connected with important events in our early history, yet surely ^ Spelt also " Mansell." » Lib. No. 1, pp. 68-69. ' Records of the Executive Chamber.. Proceedings of the Assem- bly, Lib. 1637 to 1658, pp. 209-215. * Lib. B. B., 1663 to 1665, Judgments, pp. 153-154. * Lib. A. B. and H., p. 167. 238 ' THE DAY-STAE. two incidents demand a notice — the plunder of his house by Ingle's piratical party '—and his relation- ship towards the memorable Assembly of 1649.* The evidence of his faith in the Roman Catholic church, is purely circumstantial, but not the less conclusive or satisfactory. The inference is drawn from the absence of everything (so far as his life can now be illustrated), like the least taint of dis» loyalty toward the proprietary; from the historical traditions connected with the name of " Maun- sell'^^^'' from the faith of the gentleman, under * "John Maunsell maketh oath that about five years since (when Richard Ingle, mariner, and his accomplices, plundered divers of the inhabitants of this province of Maryland) divers per- sons of his, the said Ingle's party, plundered and took away from this deponent's house, in Maryland aforesaid, one hogshead of tobacco, which then had been paid, and belonged to Mr. Cuthbert Fenwick, or to Capt. Thos. Cornwallis ; and that John Rablay, of Virginia, was then in company of them that so plundered and took away the said tobacco ; which Rablay was one of them, that was most active and busy in employments of that nature. "Jurat, 5 die November, 1649, coram me, Lib. No. 2, p. 524. " Thos. Hatton." "" Lib. No. 2, pp. 488, 489. ' The name of one distinguished, but fifty years later, in the Roman Catholic missions of Maryland. The records are lost, and I cannot trace tbe relationship ; but presume he was a member of the same family. Thomas was his first name. ME. MAtJKSELL. 239 wlioae Special care, and immediate auspices, he came to Maryland ; ' from the year of his arrival, so distinguished for the large number of Roman Catholic emigrants,'^ and so near the landing of the original Pilgrims at St. Mary's, as to warrant the presumption (apart from other reasons), that he was a discij)le of the same church ; from the hosti- lity manifested (chiefly, indeed, toward Captain Corhwallis, but partly, also, we may suppose, against himself) by the Catholic-hating, Puritan pirate ; ' from the well-known Roman Catholic prefix to a tract surveyed for him ; ^ from the absence of his name (a fact of very great weight) from a Declaration signed by so many of the most prominent Protestants, including (it would seem) some of his neighbors;^ but especially from the ^ Mr. William Bretton, the Roman-Catholic Assembly-man of 1649. See Lib. No. 1, pp. 68-69. ' The Rev. Thos. Copley, Messrs. Wm. Bretton, Luke Gardiner, Thos. Mathews, John Lewger, and the members of Mr. Lewger'a family, were some of the Roman Catholics, who came in 1637. See Lib. No. 1, pp. 19-20. ' See Mr. Maunsell's preceding deposition. * '* St. John's," consisting of 100 acres, on the west side of Britton's Bay, was surveyed for Mr. Maunsell in 1649. Rent-Roll for St. Mary's and Charles, vol. 1, fol. 26. » In Lib. B. B., 1663 to 1665, Judgments, and on pp. 153-164, 240 THE DAY-STAE. faith of Colonel William Evans/ the administrator upon his estate, and the guardian of his orphan eon' (a point, upon which our ancestors betrayed the keenest sensibility),' as well as the god-father of his supposed daughter/ No fact, in his life, there is a certificate of Doct. Thos. Gerrard's election, in 1652, to the House of Burgesses, over the signature of thirty-seven free- men, including Mr. Maunsell. Some of them had signed the Pro- testant Declaration. If Mr. Maunsell 's neighbors could affix their names, why was not he, also, a signer ? ^ See Will of Col. Wm. Evans, the Roman Catholic, Lib. No. 1, 1635 to 1674, p. 331-332. ' Mr. Maunsell, it would seem, died about 1660, without a will. And his son John, then in his seventeenth year (in conformity, we may presume, with the faith of the family), " made choice of Capt." (subsequently Col.) " Wm. Evans, for his guardian ;" who imme- diately afterwards received instructions from the Court, to " take out letters of administration." See Lib. S. 1658 to 1662, Judg- ments, p. 343. * So great was the anxiety manifested by our ancestors upon this subject, that in some cases they provided, even in their wills, for a change of the guardian, upon his adoption of a different faith from that held by the testator. * No freeman, or gentleman, who bore the name of Maunsell, had lived here, but the Assembly-man and his son ; and from the rela- tionship also of Col. Evans — the godfather of the one (see his will) and the guardian of the other child — we infer, that Mary was the iister of John, and the daughter of the emigrant of 1637. In an age of so much earnestness, we cannot believe that a Protestant would allow his child to be baptized by a Roman Catholic priest ; or that a Roman Catholic would become the sponsor for an infant ME. MATJNSELL. 241 weakens the inference ; but everything, that is known of him, confirms and sustains it. Even if he were a Protestant ; or we suppose, he was a delegate, either from St Clemen ('s, or from l!Tew- town ; he could still but represent the sentiments of the Eoman Catholic party. J^early all the inhabitants of the former hundred were the tenants of Doct. Gerrard ; or the suitors before the court- leet and the court-baron held upon St. Clement's manor. For nothing was the latter more noted, than for the great number of its Eoman Catholics. receiving the sacramental rite from a Protestant How natural, then, is the supposition, that Col. Evans, and the Assembly-man of 1649, were members of the same church ! 11 243 THE DAT-STAJS. CHAPTEE XXXI, Mr. Thomas Thornborough. There is sufficient evidence to prove the iden- tity of "Thomas" with "Mr. Thornborough," the Assembly-man of 1649^ — to say nothing of the fact, that he was the only person of his surname, in the province, during that period. The first glimpse, we have of him, relates to the right, he held to "Mr. ITeale's Plantation," the same, I pre- sume, as " "Wolleston " ^ (itself a corruption of " Woolstanton " ') Manor, surveyed in 1642, near the mouth of the Wicomico,* for Capt. James. Keale, the privy councillor of Maryland, and the * In some parts of the record, he is styled " Mr. Thornborough ;" in others, relating to the same transactions, " Mr. Thomas Thorn- borough." ' Rent Roll for St. Mary's and Charles, vol. 2, fol. 283. - ^ The name of a town in Staffordshire. * Lib. A. B. and H., p. 95. MR. TH0EKB0E0UG3. 243 Ancestor of the second arclibisliop ' of Baltimore. From some expressions in the deposition of CoL Jarboe, it would seem, he soon afterwards mani- fested a sympathy for Capt. Ingle, or the other enemies of the government.' But his offence is nowhere stated ; we know but little, if anything, of its nature ; although it is highly probable (look- ing at the subsequent Act of the Assembly) that the 07'iginal ground of hostility had reference rather to the subject of a land-title than to the rightful authority of Governor Calvert.^ It is certain that ^ The most Rev. Leonard Neale, who died in 1817. ' The depositions of Col. Evans, and of Col. Jarboe, are of the same purport. " John Jarbo deposed, saith, that being at Kicetan, Mr. Calvert sent this deponent to Mr. Thornborough, to desire him to meet him at York, and speak with him ; and bid this deponent tell y« said Mr. Thornborough, that he should not fear any thing, what had passed in former times, and that y" plantation (meaning Mr. Neale's plantation, as this deponent believeth), or any thing else that was formerly his (to wit Mr. Thornborough's) in Mary- land, he would confirm it unto him. And, upon this, the said Mr. Thornborough. came up with Mr. Calvert. And further, meeting him, the said Mr. Calvert, at York ; he, the said Mr. Calvert, took him, the said Mr. Thornborough, by the hand, bidding him wel- come ; and, in this deponent's hearing, forgave him ; and spake the former words of gift, or such like, to him." Lib. No. 2, p. 286. ' In case of Mr. Thornborough's attainder, or the forfeiture of a fee-simple title, the manor would have become, not Capt. Neale's. 2i4 THE DAY-STAE. a cordial understanding was re-established between the governor and himself, while they were both in Virginia; that they returned to Maryland; that the latter aided the former in the defence of Fort St. Inigo's, as well as the overthrow of the rebels;' and that he was the object of the most but the proprietary's. Why should the legislature find it necessary '* to stand betwixt" the grantor and the grantee, except upon the supposition of a controversy, which had involved, first, the captain and then the governor, before the meeting in Virginia ? " Whereas it appeareth, that Nathanial Pope, attorney of Mr. James Neale, by virtue of his letter of attorney, gave unto Mr. Thos. Thornbo- rough the plantation, which was formerly y« said Mr. Neale's, to enjoy for ever, upon condition y' he would come into the country, and seat upon it. And whereas likewise there are divers deposi- tions upon record, how that Mr. Calvert, late governor, did confirm what was formerly belonging to the said Mr. Thornborough, in Maryland, before his last coming into the province to reassume the government ; and did give the said plantation unto the said Mr. Thornborough. We, the freemen assembled in this General Assembly, do generally and unanimously bind ourselves, to save y« said Mr. Thornborough harmless ; and to stand betwixt the said Mr. Neale and him ; whereby he, the said Mr. Thornborough, may go upon the said plantation, and enjoy the same." See Legisla- tive Proceedings of 1648, Lib. No. 2, pp. 295, 296. The convey- ance from Capt. Neale's attorney to Mr. Thornborough is not, indeed, upon the record ; and it is impossible to say exactly what sort of title was transferred. ^ For his services at St. Inigo's Fort, Governor Calvert gave him a ** horse." Lib, No. 3, p. 43. I MB. THORNBOROUGH. 245 bitter hate on the part of the Protestant enemies of the proprietary.' He also sat in the Assemblies of 1648* and 1649.' Considering the period of our provincial history, when questions of a religious cha- racter formed the most important element in the composition of political parties ; we do no violence to the evidence still accessible, in at least presum- ing,* he held the same faith as the governor and ^ Col. Trice, Mr. Thornborough, and Thos. Hebden, were spe- cially " aimed at, and their deaths vowed," by the enemies of the government. Observe the hostility of Gray, as we find it, in the testimony of Edward Thompson, of Virginia, taken before the government of Maryland, the " 18th January, 1646," 0. S. " This examinantsaith, that being at his house in Chickacoan, on Wednes- day last, one Samuel Tailor, coming into the house, and being asked by this examinant, what was abroad, replied : — The speaker (meaning Francis Gray) had spoke once again ; and that they, that were the chief cause of entertaining the present governor, were aimed at, and their death vowed (meaning Capt. Price, and Thornbury, and Hebden) ; but that there was a party, that wouhl go over from this place (meaning Chickacoan), so soon as the governor is gone to Kent, or where else they can get an oppor- tunity to go over ; and would fire, and burn, and destroy; all, that they can." Lib. No. 1, p. 210. " In the Assembly of 1648, he sat simply as an individual free- man. Lib. No. 2, pp. 293-294. 'Lib. No. 2, pp. 488-489. * Nothing is more reasonable — a presumption not rebutted (as It Is in the case of Col. Price), but greatly confirmed, with regard 246 THE DAY-STAE. the proprietary. Nothing is known of his family, or the time of his death ; but it is not unlikely, he was a relative of Capt. Neale, the Koman Catholic gentleman, who "gave" him the plantation. to Messrs. Thornborough and Hebden ; for neither of them signed the Declaration, although the former, having business at St. Mary's (see Lib. No. 3, p. 43), probably went to the very spot, where that paper was drawn up. Of the latter's faith there is no doubt. See his deed to Messrs. Nicholas Causin, Barnaby Jackson, and Luke Gardiner, for the use of the Rev. Thos. Copley, and his " successors," Lib. No. 2, p. 533. I may also add, that the suppo- sition of two Roman Catholics out of three colonists comes nearer to the ratio of the former to the whole population. MB. PEAEE. 247 CHAPTEE XXXII. Mr. Walter Peake.* It still remains for us, to notice tlie life of another Assemblj-raan of 1649 ; but one upon whose memory, is cast the shade of sin and shame ; whose fate it was, under the stern laws of that period, to look forward, as the consequence of his own deed, to the forfeiture of all his lands,'' and to the beggary of his children ; and, about the sixtieth year of his age,' to suffer a felon's death.* The time of his arrival is not exactly known ; but it is probable, he came in 1646 ; ' and that, in 1648 and ^ Spelt also Pake. ^ " Considering the miserable condition of the orphan," " who no way shared in the guilt of the parent," the proprietary subse- quently gave a new patent for St. Margaret's, to Margaret, the daughter of Mr. Peake, and the wife of John Noble. Lib. No. 17, p. 98. ^ In January, 1664, he was fifty-five. See his deposition, Lib. B. B., 1663 to 1665, Judgments, p. 262. * The patent to Mrs. Margaret Noble recites his execution. • He brought bis eon, Peter, during that year. Lib. No. 2, p. 623. 248 THE DAT-STAK. 1649 (when he sat in the Assembly/ apparently one of the most respectable members), he resided in Newtown hundred; as he certainly did soon afterwards,^ and for a period of many years later. From his association with Governor Calvert," we cannot doubt the sincerity of his attachment to the proprietary's government. There is also farther evidence of his faith in the Koman church, derived from the fact, that he did not sign the Protestant Declaration; from the composition of the jury, which tried his painful case ;* from his intimacy with many of the noted members of the Roman church,^ from more than one of whom ' Lib. No. 2, p. 288, and p. 488. » Lib. No. 3, p. 100 ; Lib. No. 4, p. 11 ; and Lib. F. F. 1665 to 1669, Judgments, pp. 651-656. ' Bozman, vol. 2, p. 640. * If Mr. Peake were a Protestant ; and the rule, in the eases of Robt. Holt and Parson Wilkinson, observed; the jury, in his case, would have been of the same faith. It seems, however, it was not a pure, but a mixed one. See, e. g., the will of the juror, Raymond Staplefort, Lib. G. p. 265. " And so," says he, at the end of that paper, *' I rest in God, and all his saints, and angels. Amen." Roman Catholics, it seems, never asked for a jury of their own faith. ^ He was intimate with Philip Land, John Jarboe, Thos. Mathews, and James Langworth. See Lib. No. 2, p. 449, and p. 372 ; Lilx No. 1, p. 5C2 : ana Lib. No. 3. p. 201. MK. PEAKE. 249 did his children, at different times, receive those gifts, which it was so mnch the practice of the early colonial god-fathers to present ; ' from the well-known Koman Catholic family of Peake, living in St. Mary's, as late as the American Revo- lution, whose ascent indeed cannot be clearly traced (such has been the destruction of our records), but who, we have but little ground to doubt, were either his lineal or his collateral descendants; from the names given to his chil- dren ; and from the marks borne by the tracts, he had taken up. His eldest daughter was named after the Virgin Mother ; his son, in remembrance of him who is regarded as the chief of the Apos- tles, and the founder of the universal primacy of the Roman see. The names* of his wife, of a ^ See the gift from Col. Jarboe, Lib, No. 2, p. 372 ; and the one from Thos. Mathews, Lib, No, 1, p. 562. Doct. Mathews was pro- bably the god-father of Mr. Peake's son. ' His wife was named Frances, Anne Peake was either his daughter, or his daughter-in-law. I am inclined to think, there were two persons of that name, besides his other children, Peter, Mary, and Margaret. Richard Lawrence gave a legacy to one of his children. See the will, Lib. No. 1, 1635 to 1674, p. 65, For the names of his wife and children, see Lib. No. 2, p, 372 ; Lib. No. 17, p. 98 : Lib. No. 2. p. 52.3 ; Lib. P.. P. 1663 to 1665, Judg- 11^- 250 THE DAY-STAE. second daughter, of a third member of his family, and of a friend, were, each of them, given to cor- responding tracts, all of which had the prefix of St^ More estates were surveyed for him, with the Roman Catholic mark, than for Governor Calvert, for Capt. Cornwallis, for Mr. Lewger, for Doctor Gerrard, or for any other Roman Catholic colonist in the whole province of Maryland.' The evidence is conclusive. ments, p. 226 ; Lib. No. 1, 1635 to 1674, p. 473 ; and Lib. No. 14, p. 82. Margaret was married to Henry Aspinall. ' ^ St. Frances, St. Margaret, St. Lawrence, and St. Peter's Hill were, all of them, in Newtown hundred, St. Mary's County ; St. Anne's was in Charles. See Rent-Rolls. He lived upon St. Law- rence, at the time of his trial. ' In counting the tracts taken up by Mr. Peake, I include St. Anne's, surveyed, not for him, but for Ann. Excluding that tract, his number equals Mr. Lewger's, or that of any other colonist. For Gov. Calvert were surveyed the manors of St. Michael and St. Gabriel ; for Capt. Cornwallis, St. Elizabeth, and West-Saint- Mary's Manor ; for Mr. John Lewger, St. John's Freehold, and St. Anne's, in St. Mary's, and St. Barbara's, and St. Thomas's in Charles ; for Doct. Thos. Gerrard, St. Winfred, and St. Clement's Manor, in St. Mary's ; for Thomas Simpson, three tracts, with the prefix, in Charles ; for Thos. Mathews, two, in the same county ; for Luke Gardiner, St. John's, and St. John's Landing, in St. Mary's ; for Col. Jarboe, St. John's, in Charles ; for Mr. Clarke, the privy-councillor, St. Lawrence, and St. Lawrence's Freehold, in St Mary's ; and for Mr. James Lindsey, St. James's, St. Thomas's, ♦ ME. PEAKE. 251 At St. Mary's city, in the month of December, dm-ing the year 1668, sat the high Provincial Court of the Right Honorable Cecil! us, the lord pro- prietary. Charles Calvert, the governor, subse- quently the third baron of Baltimore, was the chief justice. Before the bar of this tribunal, appeared this Assembly-man, indicted for the murder of William Price,^ by piercing him, with a " sword^^ " on the left," " through, to his right side, under the shoulder ;" and then cutting his " throat," to " the depth of three inches." His plea (the usual one in such cases) was Not Guilty, Thomas Sprigg^ was the chief member of the grand jury ; and Christopher Rowsby' (destined, St. Philip's, and St. James', all of them ia Charles — and two having the same name — four being the highest number, with the Roman Catholic index, taken up by any one, excepting Mr. Peake ; for whom, I am inclined to think, St. Anne's also was originally surveyed (although the certificate cannot now be found), making a fifth. * " By force and arms "— '' feloniously, and of malice fore« thought " — " contrary to the peace of his said lordship, his rule, and dignity," — are the words used in the indictment. ^ A near relation of Gov. Stone, and the ancestor of the Spriggs of Calvert, now of Prince George's County. • Stabbed in 1684, by Col. Talbot, the deputy governor. See Thomas's Lessee t>. Hamilton. 1 Harris and McHenry, p. 192. 252 THE DAY-STAK. • himself, many years afterwards, to die by the hand of violence), the foreman of the panel summoned to try the case. No technical objection is made to the indictment ; no attorney appears on the priso- ner's behalf ; no testimony is offered in his defence ; no witness for the proprietary, in any way, cross- examined/ The jury retire ; but soon return with their verdict. Asking the court to say, whether the deed was manslaughter, or murder ; they find he " is guilty of the death," but " was drunk " at the time, and knew' not "what he did." He addresses no appeal to the sympathy of the judges ; he submits no objection to the form of Respecting the governor's flight to Virginia, his conviction there, and subsequent retreat to a cave, in Cecil, near the Susquehannah, where he was fed for a long time by the falcons, a strange and somewhat interesting legend has also been preserved. ' I write from the record of the case. We have no knowledge whatever of any cross-examination. ' The verdict :— " We, the men of the jury, sworn upon the trial of the life and death of Walter Peake, do return our verdict specially in manner following: That Walter Peake is guilty of the death of Wm. Price, by wounding him, in several places of the body, whereof he died ; that Walter Peake was drunk, and did not know what he did, at the time of committing the fact aforesaid. Therefore, if the court are of judgment, that it was murdor, then the jury do find it murder ; but if not, then the jury do find it manslaughter." Lib. F. F. 1665 to 1669, Judgments, pp. 651-656. MR. PEAKE. 253 the verdict ; but still remains in silence. " The whole bench, then," decide, he is guilty of " mur- der." But neither against the decision of the court, nor the impending sentence of death, does he utter a word. Once, and once only, did he open his mouth. It was the moment after the sentence. Then, he " desired," as a favor (and the request was not denied), that " he " might " suffe7^ death hefore his own house^ where he " /^(^ " com- mitted the fact P Thus perished and passed away, upon the gallows, in the spirit of a Catholic peni- tent, after a life of toilsome, heroic sacrifice in the wilderness, one of the men so honorably connected with the most sublime and magnificent conception of the seventeenth century ! Pojpe Ahiey was tlie name of his executioner^ — the only fact, which gives him a claim to any place upon the page of our country's history. * Convicted of cow-stealing — but the subject of a respite, — " seve- ral persons" having, "upon their knees," begged his " life "of the governor. See the last-named Liber. 254 THE DAY-STAB. CHAPTER XXXIII. Conclusion. The result is before the reader. A word will be added, upon the general spirit, which distinguishes the era of Roman. Catholic toleration. For the purpose of depriving the Roman Catho- lics of the honor, to which they- are so clearly entitled, skepticism has often united with bigotry, in the feeble and inglorious attempt to overthrow the facts of external history. It has not stopped there. Admitting, for the argument's sake, the accuracy of the preceding narrative ; it has been busy in suggesting, with a cold-blooded malignity, a variety of imaginary reasons for the policy adopted by the proprietary. It goes upon the assumption, that man is mean ; that he has no generous, or noble spring of action. Representing a philosophy, which ignores not only the charity of the Gospel, but the very life and soul of history ; BIGOTRY UNITED WITH SKEPTICISM. 255 it never records the performance of a good deed, without the assignment of a bad motive. And it has been sometimes asserted, but more frequently insinuated — insinuated, also, in the most crafty and sly manner — that the Calverts were actuated by considerations of a selfish sort — that the fear of offending the Anglo-Catholic king at one time, and the Puritans of England at another, was the real secret of the policy, for which they have been so much commended — and that, in giving the invita- tion to Christians of every name, less regard was felt for the lona fide principle of religious liberty, than for the purse of the proprietary, or for the success of an experiment conceived, and executed in the spirit of a mere money-making adventure"! ! Policy, indeed, of an enlightened and honorable sort, has always been one of the elements of a good government. It is also admitted, that the province of Maryland grew, both in population and in resources, during the sway of the first, and of the second proprietary. A course of honor is not at all times attended with disaster ; virtue is sometimes re- warded, even in this world ; and a liberal principle of government is not necessarily unsuccessful, in 256 THE DAY-STAR. its practical or commercial results. Is nothing due to the memory of Washington, for spurning the vain and visionary offer of a crown? Does a gentleman regard his honor, in a purely utilitarian light ? Do the daughters of America, in protect- ing the purity of our hearth-stones, consider merely how impolitic is the sin, which leads them so swiftly to the chambers of death ? Or was Mammonism, under its thousand forms, either of a gross, or of a refined sensualism, the all-pervading, universal genius of society, two hundred years ago? The truth is, the ingenuous student is rather surprised at the small extent, to which the principle of a mere self-loving policy was carried. There is no doubt whatever, that the early Eoman Catho- lics of Maryland were heartily opposed to the political party represented by the Puritans. Nor were they afraid to manifest their opposition. We have two memorable instances. They opposed them by a proclamation, in favor of Charles the Second, within twelve months after the passage of the Toleration Act. And they bravely, though unsuccessfully, fought them, at the battle near the SPIRIT OF THE EARLY ROMAN CATHOLICS. 257 Severn in 1655. The governor, who issued the proclamation, had been a leading member of the Assembly in April, 1649. He was a Roman Catholic, it will be remembered ; and a fair expo- nent of the views of the Roman Catholic party, on the question, which then divided the English nation at home. His councillors, also, had been in the same Assembly. And however imj)olitic may have been the course of Governor Green,' his very want of policy is the strongest evidence of the fact, that the administration of the proprie- tary's government was not shaped by any very great fear of the Puritans. The most remarkable view of the whole era arises from the stability of the principle, the uni- formity of the practice, and the unwillingness of the government to run to extremes in either direc- tion. The case of Lieut. Lewis called for the prompt interposition of the governor ; for the rule was plain. Equally plain do we find it, under the articles filed against Father Fitzherbert. Notwith- standing his indiscreet zeal, no respectable court * Thomas Green was the acting governor, the latter part of 1649. See Bozman, Addison, and other authorities. 258 THE DAY-STAK. could have given judgment in favor of the prose- cution. But how easy would it have been for a class of time-serving politicians to pass such a sen- tence, as might gratify the colonists, in the midst of their clamor. Considerations of policy, also, were then urged, but without avail, upon the pro- prietary. Cases enough have been cited, upon the preced- ing pages, to show also (what is the most interest- ing fact in the whole of our provincial history), I that freedom of conscience existed, not only in the I legislation, but also in the very heart of the colony. It prevailed for a period of nearly sixty years ; a real, active principle; and the life-guidance of many thousands. Cases of individual intolerance always produced a sensation^ — the best proof, in the judgment of the historical critic, that they formed, not the rule itself, but (to borrow a popular expression) the very exceptions to it. Let not the Protestant historian of America give grudgingly. Let him testify, with a warm heart ; and pay, with gladness, the tribute so richly due See Depositions, in the case of Father Fitzherbert, and other oases already cited ; also note upon the will of Mrs. Fenwick. THE INHERITANCE. 259 to tlie memory of our early forefathers. Let their deeds be enshrined in our hearts ; and their names repeated in our households. Let them he canon- ized, in the grateful regards of the American; and handed down, through the lips of a living tradi- tion, to his most remote posterity. In an age of cruelty, like true men, with heroic hearts, they fought the first great battle of religious liberty. And their fame, without reference to their faith, is now the inheritance, not only of Maryland, but also of America. ^61 APPENDIX.— ]S"o. I. EMIGRANTS FROM ENGLAND. See Note 1, ante, p. 81. The Hon. Wm. Burgess, the leading colonist upon South River (see ante, pp.72-73), probably from Marlborough, in Wilts, arrived in 1650 ; and, at various times, transported about one hundred and fifty persons, including the forefathers of several of the most distinguished families now living in this state. He was himself, through his son Charles, the ancestor of the Burgesses of Westpha- lia ; through his daughter Susannah, of the Sewalls of Mattapany- Sewall, closely connected with the family of Lord Charles Balti- more ; through his grand-daughter Ursula, of the Davises of Mount Hope, who did not arrive from the principality of Wales, before the year 1720 ; and, through a still later female line, of the Bowies of Prince George's, represented by Doct. Bowie, of Upper- Marlborough, in 1853. Many, also, of the distinguished families of Kent came, about the year of Col. Burgess's arrival. The few only which can be named here, are the Ringgolds of Kent Island, now so honorably repre- sented, as they have been for many generations (see note 2, ante, p. 194), by a large number of branches ; the Hynsons, who also have many descendants, including two families quite remote from 262 THE DAY-STAE. each other, at Chestertown, and ia other parts of this state ; the Dunns, who are now extinct everywhere in America, so far as I can ascertain, in the male line, except the branch represented by James L. Dunn, Esq., of Reading, Pa. ; and the families of Wickes (see note top. 79, also pp. 93-94), and of Leeds — the former having removed from Kent Island, at a very early period, to Eastern-Neck Island (where also is a descendant), and at present represented by Col. Jos. "Wickes, of Chestertown, and by many other descendants — the latter also having left a large posterity in Talbot and elsewhere, related to several of the most prominent historical families of Maryland. The Stones of Poynton Manor (see ante, p. 178), the ancestors of the signer of the Declaration of Independence, arrived in 1649 ; the forefathers of Charles Carroll, of Carrollton, another signer, about 1680 ; and the Pacas, and the Chases, a long time after the Protestant Revolution. The ancestors of the Hon. Jas. Alfred Pearce were distinguished in the early judicial and parochial history of Cecil County. They came about 1670 ; and the Pratts (a family of planters, and the fore- fathers, I presume, of our other United States senator), about the year 1660. The latter first lived in Anne Arundel County ; and Thomas, the name of the senator, was borne by the emigrant, and by several of his immediate descendants. A late senator, on the side of his father. General Benjamin Chambers, is a Pennsylvanian — the General, however, having before his marriage, become a resident of Chestertown, in Mary- land. And the ex-senator, who resigned his seat in 1835, inherits, upon one side of his mother's ancestry, the blood of the Bohemian, who founded the colony in 1660 ; upon another, that of the Haw- APPENDIX, NO. I. 263 kinses, who arrived about 1655, and of the Marshes, who came as early as 1650. See p. 70, p. 81, p. 263, and p. 264. The ancestors of the late Hon. Robert H. Goldsborougb, descend- ants of a very distinguished family of England, arrived about 1670, at Kent Island. They are now represented by the Golds- boroughs of Myrtle-Grove, of Frederick, and of many other parts of the State. The very manners of this senator illustrated the ' gentleness of his blood. The Tilghmans of The Hermitage, represented by so many hon orable men, including the president of the constitutional conven tion of Maryland in 1774, and a chief-justice of Pennsylvania, arrived about 1655. They came from Snodland, in Kent ; and their arms are : Per f esse sa. and ar. a lion ramp, reguard; tail forked, counter changed, crowned or. The crest is a demi-lion sejant sa. crowned or. No family of Maryland has exhibited a higher proof of piety — of that piety which manifests itself, in the reverence and affection cherished for the memory of those, from whom we derive our earliest being and blood — a sentiment indeed, which forms the only foundation, either directly or through sympathy and association, of the true historical taste. They took up many tracts, including " Tilghman-and-Foxley-Grove," upon which Chestertown was subsequently founded, then held, if I mis- take not. through an intermarriage, by the Wilraers of Kent. I regret, I have not, at this moment, my memoranda before me. The family of Hawkins, first of Poplar Island, afterwards of Queenstown ; one of them a judge of the Provincial Court, about 1700 ; another (Ernault), at a later period, the surveyor-general of the customs ; arrived from Nominy Bay about 1655 ; but came from London, several years earlier. Through the Fosters and the 264 TEE DAY-STAR. Lowes, they were connected with the family of Lord Charles Bal- timore. They were also connected with the DeCourcys ; and> through the Marshes, are the ancestors of the Formans of Clover- Fields ; of the Tilghmans, of Hope ; and of the Chamberses, and other families, at Chestertown. And they are connected with the "Williamses, of Roxbury, through a resident of Baltimore — Eliza- beth, the daughter of Matthew, having married the late George Williams ; and left eight children, including George Hawkins Williams, of the latter city. Of John, the judge of the Provincial Court, the father of the surveyor-general, and the son of Thomas the emigrant, a very interesting memorial remains, in the pos- session of the vestry at Centreville — consisting of a large and massive piece of silver plate, in a noble state of preservation. A fragment of his son's tombstone may yet be seen, near Queen's- town ; but the date of Ernault's death can be ascertained, only by a reference to the correspondence of Elizabeth, his widow, now in the keeping of the descendants of the Hon. Thomas Hands, at Chestertown, The Thompsons, of Cecil, subsequently of Queen Anne's and of Kent, arrived about 1665. Col. John Thompson, the emigrant, is distinguished in the history of the early treaties with the Indians upon the Delaware ; and held a great variety of offices, including that of a provincial judge at St. Mary's. He married a daughter of Augustine Herman ; and left a son bearing the bap- tismal name of the Bohemian. Augusta, Jiugusten, and Augus- tene, the names of his descendants, are but abbreviations or cor- ruptions of Augustina derived from Augustine. The Thomp- sons of Kent Island, including the clergyman, are some of the descendants of this emigrant. See also ante, p. 80. Col. APPENDIX, NO. I. 265 /Thompson, it is not improbable, was related to the cousin of Col. Clayborne. See ante, p. 78. The family now represented by Doct, Peregrine Wroth, of Chestertown, descendants (there is strong reason to believe) of the Wroths of Durance (a highly distinguished house), arrived about 1G70. To this gentleman I have expressed my thanks, for the interest so generously manifested, in the success of all my researches. The Sewalls, of Mattapany-Sewall, connected with the Hon. Wm. Burgess, and with the family of Lord Chas. Baltimore, came about 1660. Henry was the name of the emigrant. From the first, they were Roman Catholics. See also ante, p. 73, and p. 169. The Spriggs, the ancestors of the late governor, came, it seems, from Northamptonshire, about 1655. Thomas was the name of the emigrant. One of the tracts taken up by him, was called Kettering, the name of a town in that county. Northampton was another tract held by him 5 and the family seat, if I am correctly informed, for many generations. The Taneys (the ancestors of the present chief-justice of the United States), arrived about 1660, and lived in Calvert. Michael, which runs through so many generations, was the name of the emi- grant. The noble part he played in 1689, has already been noticed. In the late ** Lives of the Chief-Justices," and also in " The Southern Quarterly Review," it is erroneously said, that he held the faith of the Roman Catholic Church. See ante, p. 92. The Tylers, of Prince George's County, came about 1660. X Robert was the emigrant's name. They are now represented by the Tylers of that county, and of Frederick, including Saml. Tyler, of Frederick city, the author of several works, and one of the 12 266 THE DAY-STAK. commissioners for the reform of the practice, in the courts of Maryland. The Lowes of Talbot, and, it would seem, of St. Mary^s also — the branch in the latter county being represented by ex- governor Lowe— arrived about the year 1675. They were closely connected with the family of Lord Charles Baltimore ; and came from Denby, in Derbyshire. Their arms are : — Az. a hart trip- pant ar. And the crest is a wolf passant ar. One of the wills at Annapolis points directly toward Denby. See also Burke. And I am inclined to think, Lady Jane Baltimore was a descend- ant of the family at that place. Lord Baltimore calls Vincent Lowe his " brother." The Claggetts of St. Leonard's Creek, ancestors of the first Anglo-Catholic bishop of Maryland, came in 1G71. Thomas, the emigrant, was the descendant, on bis father's side, of a mayor of Canterbury ; on his mother's, of Sir Thomas Adams, a lord mayor of London, and a cavalier in the reign of Charles the First. Their arms, which were admitted and confirmed in the visitation of the heralds, are impaled upon the original seal of the bishopric of Maryland. And they have various descendants, in the male as well as female line, including Doct. Claggett, of Leesburg, Va. ; Prof. Saml. Chew, and the Rev. John. H. Chew, of Maryland. Thraugh a daughter of the third Thomas from Col. Claggett, of London, they are the ancestors also of the Davises, of Moun't Hope. Their arms are : — Erm. on a /esse sa. three pheons or. For an impression from the seal of the bishopric, I beg to express my thanks to the Rt. Rev. Doct. Whittingham. See also ante, p. 99. The Addisons of Oxon-Hill, the descendants of the family in 267 Cumberland County, and represented by Doct. Edmund B. Addi- son, by Wm. Meade Addison, Esq., and by many other living gentlemen, came about the year 1678. John, the emigrant, was a privy-councillor soon after the Protestant Revolution 5 but had opposed the revolutionary party. See also ante, p. 147. I cannot give the year, the Dorseys arrived ; but it v/as proba* bly some time before the Protestant Revolution. Col. Ed. Dorsey^ V ■ of Baltimore County (I presume, the emigrant), died about 1700, leaving a large number of children ; and giving to his sons^ Charles, Lacon, Francis, and Edward, all his lands on the north side of the Patapsco ; to his son Samuel, a part of " Major's Choice," and his " silver-hilted sword ;" to his sons Nicholas, and Benjamin, a parf of " Long Reach," at " Elk Ridge ;" and to his son Edward, his silver tankard, silver tobacco-box, and " seal gold ring." This is now one of the most extensive families of Mary- land ; and they are probably of an English original. Col. Dorsey, I presume, was the ancestor of the ex-chief-justice. The Darnalls, of Loudon, arrived about twenty years before the Protestant Revolution. Col. Henry Darnall, the emigrant, M'aa the son of Philip Darnall, and a kinsman of Lord Baltimore. For the part he performed, in 1G89, the reader is referred to the Nar- ratives. See ante, pp. 87-100. He resided at The Wood-Yard, in Prince George's County ; and, a later period, at Portland Manor, in Anne Arundel. He left many descendants 5 and bis tombstone is at The Wood-Yard, now (as it has been, for several generations) in the possession of the Wests ; and the most inte- resting family seat, I have yet seen, in Maryland. The vane upon the house-top, the wainscottcd wall — the other relics, and memo- rials relating to the era of the Darnalls— -are nil preserved with >■ M$ THE DAY-STAR. ihe most studious care. I give this testimony, witii a grateful heart. It is honorable, in the highest degree, to the taste and piety of the present proprietors. The Darnalls were Roman Catholics. The Brents, the Neales, and other distinguished Roman Catholic families arrived before 1649 ; and are therefore not here noticed. In making selections subsequently to that year, I have confined myself chiefly to the Protestants ; for whose special benefit, the principle of religious liberty was extended, by the Act of the Assembly, to all believers in Christianity. Let the living sons of Maryland know something of the blessings enjoyed by their ances- tors, under the beneficent government of the Roman Catholic pro- prietaries. Most of the persons, whose arrival is sketched in this Appendix, held the right, I presume, to a coat of arms. But not knowing the ■fact, I have said nothing; well assured, how many spurious escutcheons are now used in this country ; and fully aware of the danger of running into very gross mistakes. APPENDIX, NO. n. 269 APPEJSTDIX.— JSTo. II. See ante, p. 80 and p. 107. SETTLEMENT UPON THE BOHEMIA.— EXTRACT FROM HERMAN'S JOURNAL. From the extract, it seems the colonists did not arrive till 16GL But there is evidence, aliunde, that the foundation of the colony was laid in 1660. " By letter, Sept. 18, his Lordship, in acceptance thereof, recom- mended the granting to the Honorable Philip Calvert, Esquire, then Governor — And was then supposed* the one tract to contain about 4,000 acres ; the other 1,000 acres ; good, plantable land — danger of Indians not then permitting a certain inspection, nor survey of that far-remote, then unknown wilderness. " Whereupon, January 14, a Patent of free Denization issueth forth out of the office ; and Augustine Herman bought all the land there (hj permission of the Governor and Council) of the Susque- sahanoh Indians, then met with the great men out of the Susque- saliannoh .Fort at Spes-Uty Isle, upon a treaty of soldiers * as the old Record will testify, and thereupon took possession ; and transported his people from Manhattam, now New York, 1661, (with groat cost and charge) to inhabit." • * In the MS. copy, this word is very indistinctly written. 270 THE DAY'STAE. appe:^dix.— 1^0. in. See ante, p.l52, note 1. FAITH OF THE JURORS, IN THE CASE OF THE PISCATAWAY INDIANS. I HAVE said, the first twelve, there is strong reason to believe, were Roman Catholics ; but I arranged them, not in conformity with the record, but simply with a view to my own convenience. The follov/ing is the or&er observed upon the record : — Cuthbert Fenwick, foreman ; William Bretton ; Nicholas Gwyther ; John Steerman ; Edward Packer ; Richard Banks ; Philip Land ; Wm. Evans ; John Lawson ; Richard Hoskins ; William Johnson ; John Medley; Richard Willan ; Henry Adams ; Robert Cadger ; John NichoUs ; Daniel Clocker ; James Lang- worth ; John Thimbleby ; William Edwine ; John Taylor ; John Harwood ; Zachary Wade ; and Thomas Sympson. Three of the preceding jurors had been in the Assembly of 1649. Most of the Roman Catholics are easily distinguished by a refe- rence to their wills. See, e. g., the wills of Philip Land, and William Evans.* Richard Hoskins is the only one, of whom I enter- APPENDIX, NO- III. 271 Xaia a doubt. But we have the best ground for the belief, that he was the same person as Richard Hotchlveys, of "The Cross/' and whose name is written in a variety of ways — a very common thing, two hundred years ago. Edward Packer, for instance, was the same, it would seem, as Edward Parker, a kinsman of Mr. Bretton. See his will. In the index to the Land Warrants, on p. 17, for Lib. No. 1, Hichard Hoskins, it appears, is spelt •' Richard Hodg key ;" on p. 622, for the same liber, " Richard Hodgkeys ;" p. 136, for Lib. No. 3, " Richard Hodskeys f ' in the oldest book of wills, ''Richard Hotchkeys ;" and, iu the index to that book, " Richard Hotchkey." It is not improbable, that Nicholas Gwyther, a thur- teenth, was also a Roman Catholic ; although I have not included him. Four of the Protestant jurors (Messrs. Steerraan, Nichols, Clocker, and Edwin) had signed the Declaration. Capt. Banks, a fifth, had been in the Assembly of 1640 ; and it is quite evident, that Robt. Cadger was a sixth. See his will ; and the one also of his son, Robert. John Lawson, in his will, desires to be buried " according to the canon of the Church of England ;" and speaks of John Taylor, the god-father of his daughter, " Jean." It is highly probable, therefore, that Messrs, Lawson and Taylor, making a seventh and eighth, were both Protestants of the Anglo- Catholic type. It would be unsafe to assert any thing positive, with regard to the faith of the remaining four, Messrs. Guythcr, Ilarwood, AVade, and Sympson ; though it is quite probable, Mr. HaiVood was a Protestant. The result, then, so far as the investigation has been successful, presents twelve Roman Catholics against eight Protbstants. Nor 272 1HE DAY-STAE, is it certain, that these eight (a point of the first importance) all lived, in St. Mary's, in 1653. Excluding Messrs. Packer, and Hoskins, we have ten Roman Catholics against eight Protestants, 273 INDEX. AccoMACs:— A tribe of Indians, 112. Under the Rule of the Foichatans, 112. Act Concerning Religion, 54. Its Lead- ing Provisions, 54-67. Its Influence upon the Colonization of Maryland, 68-86, and 101-107. AddisoxNS, of Oxon-Hill, the English county they carae from, 266; Their Arrival, 266; Their Earliest Home in Maryland, 147. The Emigrant a Privy Councillor, 267. Opposed to the Revo- lution of 1689, 267. His Posterity, 267. Addison, Wm. Meade, Arrival of his Ancestry, 267. Address to the Crown from the Protest- ants of Kent, 93. See also Protest- ant Revolution. Allen, Thomas, Extracts from his Will, 236 ; Friend of Captain Banks, 236 ; Had been in the Assembly ; 227 ; Apprehensive of Violence, 236. His Children held Captive by the Indians, 236; Captain Banks's Engagement to redeem one of them, 235. Faith of Mr. Connor and Captain Banks derived from his Will, 236. Alney, Pope, the Hangman of Walter Peake, 253; Convicted of Cow-Steal- ing, 253. Altham, Rev. Father, 159, 160. Anglo-Catholics: — the probable num- ber in the Assembly of 1649, 137. Anolo-Catholics : — the Term CalhoUc applied to them, upon the Early Provincial Records, 32 and 235. Anglo-Catuolics : — Compact between an Anglo-Catholic King and a Roman Catholic Prince, 26-34. Fidelity of the Prince, 35. HoliJ^ in the Creeds, and Catholic, upon the Provincial Records, applied to the English Church,32. "Holy Clmrnh " included 1 A. the English Branch, 30. Illustration from the early Charters of the Eng- lish Crown, 30. Case of Lewis, 81. Case of Doctor Q-errard, 33. Chapel at St. Mary's, 32. Anglo-Catholics at Jamestown, 27. Extract from their Charter, 27. Anglo-Catholics upon Kent Island, 142. Anglo-Catholics upon South River, 72. Anglo-Catho- lics upon Patuxent,74. Anglo-Catho- lics in St. George's Hundred, 145- 148. The Probable NumSer of Anglo- Catholics in the Assembly of 1649, 137. Anglo-Catholic clergyman of St. Mary's, the first, 145, 146. Eirly Anglo-Catholic Clergymen of Kent Island, 142, 14:3. Anglo-Catholic Bishop of Maryland, the first, ances- try of, 266. His Arms, 266. Anglo- Catholic Bishop of Maryland, the third, his ancestry, 179. The settle- ment upon Kent Island the offshoot of an Anglo-Catholic Colony, 142. Early Anglo-Catholic families of St. George's, 145-146. The Wickliffes, the Cadgers, the Rlarshalls, the Addisons, and other Anglo-Catholic families of St. George's, 146-147. Earliest Deed for the Support of the Anglo-Catholic ministry, 146. The Gift of " three heifers," 146. First reference to a Parish, 146. " The Neck of Wicoco- raico," 146. Wickliffe, the organ of the Anglo-Catholics, 147. Wickliffe and Wesley, 147. Anglo-Catholic Bishop of Maryland, the first, his ancestry, 266. Anglo-Catholic Bishop of Maryland, the third, his ancestry, 179. Anglo-Catholic Clergyman of Saint Mary's, the first after the landing of the Pilgrims, 145-146. Anglo-Catholic Clergymen of Kent, the earlv, 142-143. 9^- 274 INDEX. A. Anglo-Catholic Bishopric of Maryland, the original arms of, 266. Annapolis : — Erected into a port of Entry, as late as 1683, 117. A Rival upon South Kiver, T2. The govern- ment removed from St. Mary's to Annapolis, 108. Anne Arundel County : — Original seat of the Puritans, 151. Small num- ber of estates, with the U. C. Pre- fix, 151. Home also of the Qua- kers, 151. First settlement, in 1649, 63. Greenberry's Point, the site of the first Puritan town, 68-69, and 117. The Severn, 68. James Cox, 70. Richard Bennett, Edward Lloyd, and Thomas Marsh, 69-70. The county represented as early as 1650, 70. Anglo-Catiiolics upon South Kiver, 72. William Burgess, 72. South River' Club, 73. London founded by Colonel Burgess, 73. A rival of Annapolis, 73. London and Annapolis erected into ports of entry, in 1683, 117. Fort Horn, 177. The battle-field of 1655, 177. Monumental Inscriptions upoh South ftiver, 73. Quakers upon West River, 77. The Prestons, Thomases, and Richardsons, 77. But one R. C. family, in the whole county, in 1689, 92. Opposition of the inliabi- tants to the Protestant Revolution, 92. The richest and most populous County, in 1659, 92. Contest with Calvert, respecting her boundary Line, lo6. Her position overruled by the Legislature, 106 ; but fully sustained by the Records, 107. Ma- jor's Choice, and the Hon. Thomas Marsh, 107. Annivkrsary of the St. Tammany So- cieties, 112. Antagonism between the State and the Ciiurch,17And 64. Anthumpt, the Indian, Gift to Him, from Mrs. Fenwick, 216. Armorial Bearings : — Anns of the Bur- gesses, 72 ; of the Calverts, 162 ; of the Claggetts, 2CS ; of the Kltouheads, 217; of the Hansons, 79; of the Hattoiis. 202; of the Lowes, 2.66; of the Thomases, 82; of the Tilgh- mans, 263. Armorial seals, 72, 266, 163, and 79. Arms of the Province, 163. Armsof the State, 163. Original arms of the Bishopric, 266. Presumed right of many of the early planters, 268. Danger of running into very gross mistakes, 383. )1 .-.illic lily. A. 227. Early Practice of Carving ar* morial bearings upon plate, 120. Baltimore bird, 122. The fleur-de- lis, a favourite device of the early Roman Catholic planters, as a part of their cattle-mark, 226. Armorial Seals:— Preservation of the Seal of Colonel Burgess, 72. Original Seal of the Bishopric, 266. Seal of one of the early Hansons of Kent, 79. Seal of the Province, 163. Seal of the State, 163. Arrival of the Addisons, 267; of tha Beales, S3; of the Bennetts, 69; of the Bowies, 83; of the Brasha- ers, 84; of the Brents, 268; of the Brettons, 224; of the Brooks, 74; of the Burgesses, 261 ; of the Calverta, 168 and 171 ; of the Carrolls, 262 ; of the Causins, 84; of the Chamberses, 262 ; of the Chases, 262 ; of the Clag- getts, 266 ; of the family of Comegys, 85; of the Conners, 220; of the Con- tees, 84 . of the Darnalls, 267 ; of th» Dc Cour'cys, 83 ; of the Diniossas, 79 ; of the Dorseys, 267 ; of the Dunns, 262; of the Du Valles, 84; of the Edmonstons, 83; of the Fen wicks, 207; of the Goldsboroughs, 263; of the Greens, 181 ; of the Hansons, 79 ; of the Hattons, 200 ; of the Hawkinses, 263 ; of the Hermans, 8J; of the Hynsons, 261; of the Jarbos,84; of the Lacounts, 84; of the Lamars, 84 ; of the faiuily of Leeds, 262 ; of the Lloyds, 69 ; of the Lockermans, 85 ; of the Lowes, 266; of the Magruders, 83; of the Mannerses, 231 ; of the Marshes, 69 ; of the Maunsells,237; of the Neales, 268; of the Pacas, 262; of the Pearces, 262; of the Peakes, 247; of the Piles, 187 ; of the Pratts, 262 ; of the Prices, 183; of the Ricauds, 85; of the Richardsons, 82 ; of the Ring- golds, 261; of the Sewalls, i|65; of the Shipleys, 82 ; of the Snowdens 82; of the Spriggs, 265; of the Stones, 262 ; of the Taneys, 265 ; of tha Tettershalls, 187; of the Tho- mases, 8.:; of the Thompsons, 264; of the Tilghmans, 263 ; of the Tylers, 265; of the Vaughans, 19J ; of the 1 Family of Wickes, 26i ; of the Wil- ! kinsons, 2J4; of the Wi.rthingtons, I 83; and of the AVroihs, 265. I AscENDENCV of the Puritans, 86; their Intolerance, 86. Asskmblv- of Maryl.inl, its Early Con- INDEX. 275 Btitution, 42-48, and 142. Its analogy to the primitive Parliament of Eng- land, 42. Contrast with the Wite7ia- gemiit, 51). AssKMBLY of 1638, the earliest of which we have a satisfactory accounr, 211. Cuthbert Feiiwick, a raember, 211. A.SSEMBLY of 164S, 143 and 144. Names of the Uurgesses, 144. Their Protest, 144. ASSE.MBLY of 1649, 41-5S. Names of the Burgf-sses, 13J and 135. Their faith, 136-137, and 207-253. The Toleration Act, 54-67. Hill of Charges. 49 and 133. Act relating to the recovery of the Province, 131. Assembly of 1650, 131-132. Names of the Burgesses, 132 Their Faith, 148. Declaratory Act, 131. Act of Recog- nition, 148. Declaration of the Pro- testant members, 71, 72. AS3KMBLY of 16S9, 83. Report of the commissioners to the Indians, b7. Report of the committee of Secrecv, 88. Their accusation against Col'inel Darnall, and the other Roman Catho- lic Depury Governors, 89. See also Protestant Revolution. Augusta Carolina, the Name of St. Mary's County, 47. B. Baltimorb, barons of, 162-170 ; George, 163-64; Cecilins, 164-168; Charles the First, 169; Benedict Leonard, 170 ; Charles the Second, 170; Frederick, 170 ; their descendants at Mount Airy, 170. Baltimore bird, 121. Baltimore City, its site, probably, with- in the territory of tlie Piiicatuwui/s, 111. Baltimore county erected, 105. Settle- ment upon Bohemia River, 80. Bohe- mia Maii'ir within tlie original limits, i 106. Karliest Courts of the County! probably lield upon the Flastern Shore, ' 106. The first foot-prints of civiliza- | tion upon the Western Sliore, li)6. ' Identity of Palmer's Island with ; AVatson's, 107. Clayborne's early I trading-post, 107. Spesutia Island, I ] 07 and 269. Augustin Herman, 107. i His treaty with the Susquehannockfi, 269. Labadyists, 81, Col. Nathaniel Utye, 107. Site of Baltimore city i within the supposed territory of tbg Piscataways, 111. The Dorseys, 267. Baltimore, Lady Jane, wife of the Hon. Henry Sewall, 169; subsequently of Lord Cliarles Baltimore, 169 ; a sup- posed descendant of the Lowes, of Denby. 266; and the mother of the Hon.Maj. Nicholas Sewall, of Matta- pany-Sewall, 73 and 231. Banks, Thomas, 235. Extract from his will of 1684, 235. Cntholic ap- plied to the faith of the English Church, 235. Banks, Capt. Richard, a law-giver of 1649, 135. Hia faith, 236. His en- gagement to rediieni from captivity, the child of Thos. Allen, 235. Notice of his life, 233-236. His marriage to the widow of Mr. Secretary Hatton's brother, 233. Battle between the Roman Catholics and the Puritans, 177-17S ; the Gover- nor wounded, 177 ; a surrender, and a court-martial, 177. Skirmish be- tween Capt. Cornwallis and Colonel Clayborne's Lieutenant, 211. Attack of Cood upon the State House, in 16S9, 91 and 97. Surrender of Col. Digges, 97. Siege of Mattapany- House, 98. Surrender of Col. Darn- all, 99. Beales, their arrival, 83 ; one of the largest families of Maryland, 83; CU. Nitiian Beale, 83. Bearings. See Armorial Bearings. Bed-ciiambeks, 120 ; much attention T>aid t) the furniture. 120. See also Mrs. Fen wick's will, 215. Bennett, Gov. Richard, his posterity, 69. Bennett, Richard, the largest land- holder of the province, 69. Prefix of Squire, 69. His tombstone at Ben- nett's Point, 69. His ancestry, 69. Bill of charges, at the Assembly, of 1649, 49, and 180. Per-diem of the Burgesses, 49. Bishopric of Mil., original seal of, 266. See Armorial Bearings, and Armorial Seals. Blo' D of Aboriginal Chiefs represented, 103. Blood, the best Roman Catholic, de- rived by the Lloyds, and other dis- tinguished Protestant families, from the Neales, 150. See also Neales. BOHEMiA.N. emigrants, 80 and 85. Boundaries: — The Northern boundary of Maryland included the site of 276 INDEX. B. Philadelphia, 167; the Eastern, the Swedish settlements upon the Dela- ware, 167. Early boundaries of the . counties, 106. Cecil, 106. Baltimore, 106. Anne Arundel, 106. Contest between Anne Arundel and Calvert, 107. Original boundary line, 106. Major's choice, 107. BowiKS of Prince George's, 83. The governor's ancestry probably Scotch, 83. Their arrival, 83. Their rela- tionship to the family of Wm. Bur- gess, the early Deputy-Governor, 261. Bradnox, Capt. Thomas, a freeman, in the Assembly of 1648, 220. High sheriff of Kent, 124. The friend of Mr. Secretary Hatton, 125. Note to him from Mr. Hatton, introducing John De Courcy, 201. Could not write, 125. Tried for cattle-stealing, 124. Brashaers, 84. Their arrival, 84. Ori- ginally from France, but directly from Va., 84. Their posterity, 84. Brashaer, Doct., of New Market, his ancestry, 84. Bkents, their arrival, 268. Their faith, 268. Blood of aboriginal chiefs, 108. Capt. Giles Brent's books, 216. Spirit of a Protestant Vandal, 216. Brents of Charles county, 189. Their sup- posed relationship to the Pilt-s, 189. Relationship to the Fenwicks, 218. BKENT3 of Louisiana, supposed descend- ants of the Hon. John Pile, 189. Bkent, Robt. James, late attorney- general, his ancestry, 189 and 218. Bretton, William, a law-giver of 1649, 135. His faith, 226-227. Notice of his life, 224-228. His gift of a church lot, 227. His cattle-mark, 226. Fieur- de-lis, 227. Poverty of his children, 226. Application ol ever -immaculate to the Virgin Mother, 228. Brock, Rev. Father, his arrival, 159. Brooke, Hon. Robert, founder of the little colony upon the Patuxent, 74. Persons introduced by him, 74-75. Ancestor of the present Chief Justice of the United States, 75. President of the Provincial Council, 76. Ances- tor of the Brookes of Brooke-Grove, 75. Manor of Z>e Za .S/'00&«, 75. Bkookks, of Brooke-Grove, their ances- try, 75. Brookes, of Prince George's county, descendants, many of them, of the Hon. Robt. Brooke, 75. Brookes, of De la Brcoke. See Hon. Robt. Brooke. Browne, Richard, a law-giver of 1649, 135. Notice of his life, 229-230. His faith and identity involved in doubt, 229-230. Burgesses of 1643, 1649, and 1650:— Their names, faith, &c. See Assem- bly. The democratic element, 42. A distinct branch of the Assembly in 1649, 140. Burgess, Hon. Wm., a leading colonist, upon South River, 72. His armorial bearings, 72. Founder of London, 73. A Deputy-Governor, 73. His epitaph, 73. Large number of emi- grants introduced by him, 261. His Posterity, 261. Burgesses, of South River, 71-74, and 261. Their armorial bearings, 72. Ancestry of the Burgesses of West- phalia, and of the Sewalls, the Da- vises, and the Bowies, 261. Burgesses, of Westphalia. See Hon. Wm. Burgess, and Burgesses of South River Cadgers, a very early Anglo- Catholic family of St. George's, 146. Their Devises, 146-147. Calvert County, erection of, 104. Boun- dary line between Calvert and Anne Arundel, 107. Controversy, 106. Major's choice, 107. Settlement of Robt. Brooke, anterior to the erection of Calvert, 74. The Claggetts, 99 and 266. The Smiths, of St. Leonard's Creek, 98. The Taneys, 96 and 265. A Protestant County in 1689, 92. " Men of Note " opposed to the Pro- testant Revolution, 92. The PaUix- enis. 111. Calvert, Leonard, the chief of the ori- ginal Pilgrims, 171. The first Gover- nor of the Province, 37. His death, 42, and 173. Toleration, under his Administration, 36-38. Sketch of his life and character, 171-174. His faith, 174. Calverts. See Barons of Baltimore, and Armorial Bearings. See also Coin, and Armorial Seals. Family seats in England and in Maryland, 163, 169, and 170. Arms upon the Great. Seal, 163. See also Leonard Calvert. Calverton, Manor of, 196. Intended for the dwelling-place of six abori- ginal nations, 196. INDEX. 277 Canvass-back duck, 121. Carroll, Charles, of CarroUton, arrival of his ancestry, 262. Carroll, Henry J., children of, suppos- ed descendants of the Hon. John Pile, 189. Cases: — Case of Lord Baltimore and the Penns, 16T; of Capt. Banks, 234; of Captain Bradnox, 124; of Robert Clarke, 197; of Colonel Clayborne (appeal to the Crown-), 166-168; of Edward Commins, the Protestant Vandal, 216; of John Cowman, the wizard, 125; of Father Fitzherbert, 55-62 ; of Doct. Gerrard, 83 and 147 ; of Robt. Holt, 153; of Martin Kirk and others, 21,6 ; of Lieut. Lewis, 31 ; of Doct. Lumbrozo, the Jew, 65-07 ; of Overzee vs. Cornwallis, 155; of the Patuxent Indians, 233 ; of Wal- ter Peake, 251 ; of John Pile, 188 ; of the Piscataway Indians, 151-152 ; of Col. Price, 184; of Richard Smith, 92-93 ; of Gov. Stone, 178 ; of Michael Taney, 92 and 104; of Thornborough m. Neal, 244 ; of Thos. Tunnell, 234 ; of Capt. Vaughan, 191 ; and of Parson Wilkinson, 153. Catholic, the word, applied, upon the early provincial Records, to the Eng- lish Church, 32, and 235. Cattle-stealing, 124. Case of Captain Bradnox, 124. Causin, Hon. John M. S., iiis ancestry, 84. See also Causins. Causins, of Causin's Manor, 84. Their arrival, 84. Name of the emigrant, 246. Marriage of his widow to the Hon. Robt. Clarke, 199. A trustee for the Roman Catholic Missionaries, i 246. I Cecil County, erected, 105. Its early j boundary, 106. Bohemia Manor, ' 105. See also Baltimore County, and ; Augustine Herman ; and the Pearces, the Thompsons, and the Hermans. l Cecilius, the proprietary, sketch of his life and character, 162-170. A law- \ giver of 1649, 134. His faith, 26. Chairs, 119. Their great scarcity, 119. ' Made of iron, 119; covered with leather, 119. Chambers, Hon. E. F., iiis ancestry, arrival ..f, 26i. Chapels, early provincial, 32-.34, 159, and 2'25. The first chapel, a wigwuiu, j 159, St. Mary's Ch,4.pel, a token of the concord between the Ant:lican and the Roman Catholic, 34. .St. ig- I natius's Chapel, founded by a Roman Catholic law-giver of 1649, 225-228. Charles, the Second, of England, pro- clamation in favor of, 256-257. Charles the First, and Charles the Second, of Maryland. See Barons of Baltimore. Charles County, upon thfe Patuxent, erected in 1650, 75. See also Robt. Brooke, and Calvert County. ^Char- les County upon the Potomac, 104. Large number of Estates, with the Roman Catholic mark, 150, and 250- 251. Brents of Charles County, 189. See also the Causins, the Greens, the Piles, and the Stones. Also the In- dians. Part of Prince George's ■ M rved out of Charles, 106. Charles- .Mi, in Charles, in 16S9, 105. The place of Taney's imprisonment, 105. Charleston, the first seat of Prince George's county, 118. Charleston, 118. Its early foundation, 118. Its site, 118. The original seat of Prince George's County, 118. The place of Michael Taney's and Rich. Smitii's imprisonment, 105. In Char- les County, daring the year 1689, 106. Charters, American Colonial, their his- torical relation to the one given to Lord Baltimore, 27-28. Charters, early, of the English Crown, 27-31. The light they shed upon the Charter given to the'proprietary, 27- 31. Charter for Maryland, a compact be- tween a member of the English and a disciple of the Roman Church, 26. Charter for Virgina, taken away before the date of Lord Baltimore's, 168. Chases, their arrival, 262. Chesapeakes, their dwelling-place, 109. Number of their warriors, 109. Ruled by the Powluitanis, 109. See also Indians. Chew, Prof. Saml., his Anglo-Catholic ancestry, 266. Cuoptanks, 111. Descendants of the Katikdrdivoakx, 111. See also /?i- diiins. Chopticons desire to put themselves under the proprietary's protection, 196. Chuisteson, Winlock ; and other minis- ters, in the Society of Friends, 78. Bequest of Doct. Sharpe, 7S. See also Quakers. Christianity, 15-20. Church, meaning of, upon the provln- 278 INDEX. cial records, when used by itself, 232. Church Holt, definition of. See Holy Ciiurch, and Words. CiDRiR, a favorite drinlc, 120. Claggett, Capt. Thomas, ancestor of the firs'-, Anglo-Catholic Bishop of Maryland, 99. A Protestant, 92 ; but oppoi^ed to the Revolution of 1689, 92 and 99. Claggrtt, Doct., of Leesburg, his early Angio-Catholic ancestry, 266. Claggetts, their arrival, 266. Posi- tion of the emigrant, upon the Revo- lution of 16S9, 92. Arms of his family, 265. Impaled upon the seal of a bishopric, 266; but previously confirmed in the visitations, 266. Col. Edward Claggett, and Sir Thomas Adams, 266. Ancestor of the firsX Anglican bishop of Md., 266. Pos- terity of Capt. Claggett, 266. Claim of the Roman Catholics, 12S-161. Clarke, Hon. Robt., a law-giver of 1649, 135. Surveyor-general of the province, 195. Mis faith, 197. Pos- terity, 19S-199. His sufferings during the ascendency of the Puritans, 197. Steward of the manor of Calverton, 196. Copy-hold tenants, 196. Clayborne, Col. Wm., his settlement upon Kent Island, 43. The first within the limits of Md., 46. His con- test with Lord Baltimore, 166. His claim, 166-16S. His settlement upon Watson'.s Island, 78. The first upon the Western shore, and within the ori- ginal limits of Baltimore County, 107. Supposed settlement upon Sharp's Island, 78. Settlement upon Poplar Island, 78. A cousin of Col. Clay- borne, 78. Coffee, its great scarcity, 120, Coin, proprietary's, 119. CoMEGYS, the family of, their arrival, 85. Commander, office of, 191. Its great* dignity, i92. Power given to an early commander, to select his-councillors, 192. Compact between an Anglo-Catholic king and a Roman Catholic prince, 26. Fidelity of the latter, 35. CO.SCORDAT, 26-S4. Cokkedekacy. See Indians, CosNEK, Phiiip. a law-giver of 1649, 135. His faith, 221. and 236. Commander of the county of Kent, 221. Sketch of his life and ciiaracter, 23;)--'2;3. His posterity, 222-2?3. C. CoNTES, John, of Java, his ancestry, 84. CoNTEES, of Prince George's County, 84. Connected with the family of Gov. Seymour, 84. Residence at Barn- staple, 84. John Contee, of Java, 84. Convicts, 117. CuoDE, John, a leader, in the Revolu- tion of 1689, 98. Copley, Rev Father, 158 and 159. Gift from Governor Green, 182. Gift from Thos. Hebden, 246. CORNWALLis, Capt. Thomas, one of the noblest spirits in the band of the ori- ginal emigrants, 209. The patron of Cuthbert Fenwic'k, 209. His estates, with the R. C. prefix, 250. His manor- house, 209. His skirmish with Col. Clayborne's Lieutenant, 211. Costume, glimpse of a provincial gen- tleman's, about 1650, 123. Of a lady's, at the same period, 215-216. COUNA-WEZA, the Piscataway Indian, tried, convicted, and executed, 151. Councillors of the Commander, 192. Their office analogous to that of the privy councillors, 192. Councillors, privy, 116. The early germ of a nobility, 116. Counties erected, between 1649 and 16S9, 102-105. Courts: — 1. The Provincial Court was analogous to tlie Court of King's Bench, 116 ; and the original of the present Court of Appeals, 116. The lord proprietary and the privy coun- cillors sat upon its bench, 116. 2. The County Court, 116. Its early original, 212. Jurisdiction of ita judges, 116. The judges taken from the gentlemen, 116. 3. Court-baron and Court-leet, 115. See also Manors. Also Freeholders, and Suitors, Cox, James, the speaker of the Assem- bly, in 1650, 70. A Puritan, ,70. A signer of the Protestant Declaration, 70. Currency, 118-119. Penke, 112 and 119. Hoanoke, 112 and 119. The coin of the lord proprietary, 119. Specimens, 119. English and Euro- pean coin, 118, Tobacco, the com- Mion currency, 119. Its value, 119, Cuthbert, the prelate, and saint, 213. His corpse, 213. His shrine, 213. St. Cuthbert's cross, 213. INDEX. 279 7" Darnall, Col. Henry, Deputj' Governor, in 1689, 96. Overthrow of the Go- vernment, 87-100. His narrative, 96-11)0. Arrival at London, 100. Darxalls, their arrival, and faith, 267. Kinsmen of Lord Baltimore, 267. Uol. Henry Darnall, 87-100, and 267. Place of his touibstone, 267. Early •ifaniily seats, 267. Davises, of Mount Hope, their ancestry, 261, and 266. Their arrival, 261. Declaration, Protestant, 71-72. De Courcy, John, introduced by the Hon Thos. Hatton, 201. Note of in- troduction to Capt. Bradnox, 201. De CouRCV, Hon. Henry, 113-114. His letter to Lord Baltimore, 56-57. The Signer of an Address to the Crown, 95. An Opponent of the Protestant Revolution, 94. A master of the whole Aboriginal diplomacy, 95. His xliplomatic services, 113. His faith, 95, and 115. A cavalier, 115. Inte- resting character of our negotiations with the Iroquois, 113. Dk CouRCrs, of Cheston, probably from Ireland, 83. Their claim to the old Anglo-Norman barony, 95, and 114. Higii social rank, at the period of their arrival, 2()1 and 114. De Courcvs, of JMy-Lord's-Gift, 114. Dk La Brooke, the Manor of, 75. Upon the Patuxent, 75. The seat of a little colony, 75. Held by the Brookes, 75. Dkla wares, 112. St. Tammany, their great chief; 112. Osenies, and other tribes of -Maryland, representatives of the same race, 112. Honors paid to SL Tammatiy, 112. St. Tammany Societies, 112. May celebrations, 112. Hall of St. Tarn man?/, 112. DiGGES, Col., a Deputy Governor, in 1689, 96-100. Attack upon the State House, 97. Surrender, 97. DiNiosSAS, arrival of, 79. DrNiOsSA, Governor Ale.xander, 79. DiNNKK-K.NivES, their scarcity, 12L). DoRCHKSTER County, erected, 105. 'OKSEYS, arrival of, 267. Will of Col. Dorsey, 267. Supposed ancestor of a Chief Justice of ■Md., 267. DtTN.NS, their early arrival, 262. One of Uie i)rominent families of Kent, 261. Now represented, in the male line, by a gentleman of Pa., 262. DUTCU settlement upon the Delaware, 78. Refugees in Maryland, 79. Gov Alexander Diniossa, 79. The fa n,i ies of Coraegys, and Lockerman, 85. Claim of the Dutch, 167. Du Valle, Judge of the U. S. Supreme Court, his ancestry, 84. Du Vallbs, their arrival, 84. E. Eagle, 122. Eden, Gov. Robt., 170. EU.MONSTONS, their arrival, 83. Their posterity, 83. Eltonheads, of Eltonhead, 215. Their relationship to the Fenwicks, of Fen- wick Manor, 209 and 215. Their arms, 217. A Privy Councillor of Md., 215. A Master of the English High Court of Chancery, 215. Eltonhead, the Hon. \Vm., a Privy Councillor, 215. A Rom;in Catholic, 178. Shot in cold blood by the Puri- tans, 178 and 216. The enmity of Martin Kirke, 216. Eltonhead, Edward, a Master of the English High Court of Chancery, 215. Relationship to the Eltonheads, of Eltonhead, 215. English Emigrants, 81, and 261-268. Era of Roman Catholic toleration, 254. Spirit which distinguishes it, 254-259. Estates, large nuniber of, with the Pre- fix ftr St , 25). Names of many • tracts, 25:)-251. Names of the ori- I ginal Ilomau Catholic proprietors, 250-251. 1 Evans, Col. Wm., a Roman Catholic, 227 and 24). His cattle-mark, 227. i The guardian of Mr. John Maunsell's I son, 241). The g id- father of Mary j Maunsell, 24). Fleur-de-lis, 227. ' Ever-Immaculate, the application of, to ! the Blessed Virgin, upon the Provin- cial Records, as early as 1661, 223. F. Palciiion, 123. Famm.iks, provincial : —The Cadgers, 146; the Davises, 261 and 266; the Eltonheads, 215; the Formans, 70 and 264; the Lachlans,83; the Mar- shalls, 146; the family of Nichols, 70; the Smiths, of St. Leonard's Creek, 99 ; the Smyths, of Trumpington, 92 ; the Spaldings, 218; the Wests, 268; the Wickliffes, 146. and tho Wjlmers, •2'U. See al-to Arrivals. INDEX. P. Pbather, worn by the early cavaliers of the Province, 123. Fenwick, Cuthbert, one of the Pilgrims of 1634, 207 ; and a law-giver of 1649, 135. Sketch of his life, 2'17-215. His faith, 213-214. The leading member of the Lower House, in 1649, 212. The attorney of Captain Cornwallis, in the Assembly, 210. Plundered by Ingle, 210. A large pos- terity, 217. Representatives at the Bar, in the Army, in the Senate, in the Priesthood, and in the Hierarchy, 2a7 and 217-219. Fenwicks, of Fenwick Manor, 217. Fenwjck, Ignatius, his ancestry, 218. Fenwick, Athanasius, his ancestry, 218. Fenwick, James, his ancestry, 218. Fenwick, the Reverend John, his ances- try, 218 ; uncle of the Bishop of Cin- cinnati, 218. Fenwick, Rev. Enoch, his ancestry, 218 ; President of Georgetown Col- lege, 218. Fenwick, Rev. Prof. George, his ances- try, 218; brother of the Bishop of Boston, 218. Fenwick, Rt. Rev. Benedict, Bishop of Boston, his ancestry, 218. Fenwick, Rt. Rev. Edward, Bishop of Cincinnati, 218. Fenwicks, of Cole's Creek, 211. Fenwicks, of Cherry-Fields, 2l7. Fenwicks, of Pomonkey, 217. Fenwicks, of Kentucky, 217. Fenwicks, of the South, 217. Fenwick, Mrs. Jane, the wife of Cuth- bert Fenwick, 214. Her will, 215- 216. Articles of a lady's dress, in 1660,215. Ferries, 122. Early ones erected by the Government, and kept by the most respectable colonists, 122. Ferret, Rev. Father, 159. Feudal polity, 115. Figs, 121. Finger-rings, much worn by the early gentry of Maryland, 124; frequently given in their wills, 124, Fisher, Rev. Father, 159. Fitzherbert, Father, his case, 54-62. Fondness for law-suits, mingled with a veneration for judicial authority, a characteristic of our ancestry, 154. Forks, 120. Our ancestors dined with- out them, 120. Their late introduc- tion into general society, 120. FoRMANS, of Clover-fields, and of Rose- Hill, 70 and 264. \ Forms, much used by our early fore- fathers, 119. Forts :— 1. Fort Kent, 44. 2. Fort Cray- ford, 44. 3. St. Inigo's,183. 4. Sus- quehannah Fort, 269. 5. St. Mary's Fort, 32. 6. Fort Horn, its site, 177, Supposed battle-field between the Roman Catholics and Puritans in 1655, 177. Fox, the chief of the Quakers, 76. Preaches, in the Province, 76, Pow- erful effects, 77. Frederick County carved out of Prince George's, 106, Erected in 1748, 106. The Brashaers, 84. The Darnalls, 267. The Davises, 261 and 266. The Goldsboroughs,263. The Lowes, 266. The Richardsons, 77 and 82. The Shipleys, 82. The Taneys, 265. The Tylers, 26^266. Freeholders, 117, French emigrants, 84-85. The Bra- shaers, Causins, Contees, Du Valles, Jarbos, Lacounts, Lamars, and Ri- cauds, 84, Friends. See Quakers. Gentleman, 116. A large class in Mary- land, 116, County Court judges taken from them, 116. Gerrard, Doct. Thos., a Roman Catho- lic, 33 and 58. A privy councillor, 56. Lord of St. Clement's Manor, 33 and 158. His non-compliance with the Rev. Father Fitzherbert's requisi- tion, 58. His cattle-mark, 227. Fleur- de-lis, 227. His estates with the R. C. prefix, 250, See also Cases. Goldsborough, Hon. Robt. H., arrival of his ancestry, 263. Ancstry of the Goldsboroughs of Myrtle-Grove, and of other families, 263. Blood of Abo- riginal Chiefs, 108. Goldsboroughs, of Myrtle-Grove, 263, GooKiNS, Cfipt. Daniel, 151. Govern.ment, frame-work of, 115-117, Grep;n, Gov. Tliomas, a law-giver of 1649, 134. A Privy Councillor, 134, His proclamation in faV'r of Charles the Second, ISl and 256. Notice of his life, and family, 181-182, His faith, 182. Sympathy with the royal family, ISI. A representative of the Roman Catholic sentiment, 257. Greens, of Green's Inheritance, ances- try of, 1S2. Growth of a great idea, 23, and 26-86. INDEX. 281 H. H. Hanson, Col. Hanse, 79. His posterity, T9. Arms upon the seal of a near descendant, 79. Hansons, of Kent, their ancestry, 79. Hardwick, Lord Chancellor, his deci- sion of the case between the proprie- taries, 167. Virtual settlement of the Controversy, 167. Harford, Henry, the Lord Proprietary, 170. Hat-band, 123. Gold hat-band worn, by the early cavaliers of Maryland, 123. Hatton, Hon. Thomas, 200. Secretary of the Province, 135, and 202. A Privy Councillor, 135. Clothed with the powers of a Governor, 203. At- torney-General, 202. A law-giver of 1649, 135. His death at the battle near the Severn, 204. His life, and character, 200-205. His faith, 204. Family, 200 and 205. Hattcn, Richard, the brother of the Secretary, 200. Arrival of his wife and children, 201. Hatton, Sir Christopher, 200. Hatton, Sir Thomas, 201. Hatton, Sir Robt., 201. Hattons, of London, their arms, 202. Hattons, of Piscataway, their ancestry, 206. Relationship to the Hon. Thos. Hatton, 206. Hattons, their connexion with the family of Capt. Banks, 233 ; and with the first Anglo-Catholic Clergyman, 204. Hawkins, arrival of the family of, 263. Their various family seats, 263. Two of its most distinguished members, 263. Interesting memorial of a judge of the Provincial Court, 204. A com- missioner to the Indians in 16S9, 83. Indirectly connected with the family of Lord Baltimore, 264. Connected with the WiJliamses, of Roxbury, 264. A large posterity, 264. llEiD-cu)TU£3. See Mrs. Fenwick'a Will. HEBDEN,Thos., his gift to the R. C. Mis- sionaries, 246. His Deposition, 121. Hempstkad, Hon. Mrs., her ancestry, 83. Hermans, of Bohemia Manor, their pos- terity, 81 and 264. Herman, Augustine, a native of Prague, 85; distinguished in the early history of NewYork, 80. His Treaty with the Susguchannoc/cs, 107 and 269. Settle- . n'ect upou Bohemia River, SO. A little colony from New York, 80 and 269. His Map, 80-81. Original lord of Bohemia Manor, SO. His posterity, 81 and 264. HiGHAHWixoNS desire to put themselves under the proprietary's protection, 196. History, charm of External, 19. Illus- trations from Islamism, from Chris- tianity, and from Toleration, 19-24. Holt, Robert, his case. See Cases. Holy Church, definition of, 30 and 55. See also the case of Father Fitzher- bert, 61. Honor due to the Roman Catholic free- men of Md., 160-161. Honorable applied to the Privy Coun- cillors, and the judges of the Provin- cial Court, 186. Hood. See Mrs. Fenwick's Will. Hundreds. See St. Mary's County. Hynson, Thes., ancestor of the Hyn- sons of Kent, and foreman of the Grand Jury, in the cases of Wilkin- son and Holt, 153. Hynsons, 261. Their early arrival, 261. One of the distinguished families of Kent, 261-262. Large number of descendants, 262, Ideas, the visible influence of, 21. II- ' lustrated m the history of American Colonization, 22. Secret of the dig- nity which belongs to the early epoch of American histoiy, 22. The settle- luent at St. Mary's, a striking case, 22. Indians, upon the Chesapeake, and its tributaries, 108-114, and 196. Their friendly relations with the colonists, 103. Treaties of the Lord Proprietary with the Indians, 166. The Ohesa- peakes, 108. The Yoacomicos, 109. The Mdtapenks, 110. The Acco7nacs, 112. The Poiokatnns, 109 and 112. The PatioxenU, 111. Tlie Piscata- ways. 111. The SunquehannockHy 110. Tlie Ozenies, 111. Tlie 7bc/fc- whoghs. 111. The Mattdpnnienta, 169 and 196. Kuskaratooaks, 111. The Iroquois AIS. The Ckoptanka, 111. The NanticoJcfiS, 111. The WicomocoM, 196. The Lamascon- sons, 196. The IligJuthwixona, 196. The Chopticons, 196. The Dela- tcares, 112. St. Tammany, 112. Pone, hominy, and other words de- 282 INDEX. rived from the Indians, 122. Lega- cies of Mrs. Fenvvick to the Indians, 216. Trial of the Piseatawdys, 152. Acquittal of the Pefore the American Rhvo- lution, 45. Bought of Aboriginal chiefs, 44. Under the juris iction at Jamestown, 43. A hundred of St. Mary's, 45. Elected into a County, ■ 45. Annexed 10 Talbot, now to Queen Anne's, 45. The Mill, 44. Kent Fort, 44. Kent Fort Manor, 44. Court- House, 45. Fort Crawford, 44. Rel- ics, 45. See also Anglo-Catholics ; and Assemblies. J. Jamestown, settlement at, 41. J. Jarbo, Col. John, his legacy to the Rev. Father of St. Ignatius's'Chapel, 225. ]lis relationship to the Hon. John Pile, 225. His gift to Walter Peake's daughter, 249. His deposition relat- ing to Mr. Thornborough's claim, 243. See also Arrivals. Jarbos, their arrival, 84. See also Col. Jai'oo. Jews. 62. Case of Doct. Lumbrozo, 65-67. JowLES, Col., a leader in the Revolution of 1689, 90-104. JtJRiES : — A jury of twelve Protestants, 154-155. A mixed jury, 155. Roman Catholics did not ask for a jury of their own faith, 248. A jury of twen- ty-four, in the case of the Fiscata- way Indians, 151. See also Cases. Kent County : — See Anglo-Catholics ; and Isle of Kent. Also Arrivala •, and Col. Clayborne. Knowledge, the present imperfect state of historical, 15-17. KusKARAWOAKS, the great makers of peake and roanoke. 111. The mer- chants of Aboriginal .Maryland, 111. Represented by the Choptanks, and the Nanticokes, 111. Labadyists, their faith, 81. Their dwelling-place, 81. Labors of the early missionaries, the mo-st interesting chapter in the Abo- riginal History of Maryland, 113, and 158- 160. Lachlans, of iMontgomery county, and of Missoui-i, tlieir ancestry, 83. Lacounts, a French family, 84. Their arrival, 84. La Count, Chief Justice of Kansas, his ancestry, 84. Lamars, tiieir arrival, 84. A gallant representative, 84. . Lamasconsons desir'i to ptit tlietnselves under the proprietary's protection, 196. Land-titles, colonial, 115. [ Land-titles, Indian, the policy with re- gard to the purchase of them, 52 and 168. Lawgivers of 1649, 128. Their names. INDEX. 283 180 and 134-135. Fragment of the Journal of 1649, 130. Confirmatory extract from the Journal of 1630, 131. Documents of 1650, establishing the inference drawn from the fragment of 1649, 132-135. Per-diem of 1649, 49, and 130. Laws. See Assemblies ; and Charters. For the Law relating to cattle-marks, see 2i6. Learning, low state of, 125. Gentlemen make their marks, 125. Leeds, arrival of the family, 262. A distinguished posterity, 202. Legislative heroes, 162-253. Letters sent by private hand, 122. - Official dispatches by a special mes- senger, 122. Lewis, Lt. Wra., his case, 31. Liberty, 116. Existence of practical liberty, at the foundation of the colony, 116. Early democratic ele- ment, 42. Independence of the Re- presentatives, 49 and 5 ). Life of the Planters, 121. Specimen of more than ordinary comfort, 222. Inventory of Phil. Conner, 222. See also .Mrs. Fenwick's will ; and the whole of the Ninth Chapter. Lloyds, originally from Wales, S1-S2. The Welsh rivers, Severn, and Wye, 82. Lloyd, Hon. Edward, his posterity, 69. Lloyd, Philemon, 113. Commissioner at Albany, 113. Testimonials from the Governor and the Assembly, 113. Interesting character of the treaties^ with the Iroquois^ 113. Lloyds of Wye House, their ancestry, 69. LocKERMANS, their arrival, 85. London, founded by Col. Burgess, 73. Early rival of Annapolis, 73. Erect- ed, in 1633, into a port of entry, 117. Lowes, their arrival, 260. They came from Denby, 266. Tiieir arms, 266. Close connect! m with Lord Balti- more's family, 26G. Lowe. Hon. E. Louis, arrival of h.is an- cestry, 266. M. Magruders, their arrival, 83. One of the largest families of Maryland, S3. Will, and posterity of the emigrant, 83. Manners, George, a lawgiver of 1649, 135. Notice of his life, 231-232. His faith, 281-232. A soldier, in the march of 1647, 231. His posterity, 232. Manors, 115. The seats of an early aristocracv, U5-117. Calverton, 196. Cornwallis's Cross, 209. De la Brooke, 75. Fenwick, 208. Kent Fort Manor, 44. St. Clement's, 33, and 241. St. Gab.-iel's, 115. Bohemia, 80. Marsh, Hon. Thomas, his posterity, 69. Major's Choice, 107. An award, 120. Signer of the Treaty with the Smqtie- harinock'i. 111. A member of the council, 70. Marsh's Creek, the original boundary line of Calvert, 107. Its identity with Fishing, 107. Marshalls, of St. George's, 146. Martin, Capt. Nicholas, a representa- tive from the Isle of Kent, at James- town, 46. Maryland, her name derived from a Roman CatlioHc Queen, 150. Origi- nally a feudal principalitv, 42, and 116.' Her Patron Saint, 226. Her guardian angels, 226 Her Roman i Catholic gentry, 116-117. See also ! the Cal verts ; Cornwallis ; the Neales ; j and other families. See also Maners. I The Cradle of Religious Liberty. 37. Mash, Sa-ah, h^er identity with the widow i of the Hon. Thos. Marsh, 73. A Minis- j^ ter, in the Society of Friends, 000. U. Bequest of Doctor Sharpe, 78. I Matapeakes. 45 and 110. [.Matthews, Doct. Thos., of St. Inigo's I 132. His faith, 227. Cattle-mark, i 227. Giftto the son of Walter Peake, 219. Elected in 1650, 1-32. Succeeded by Mr. Fen wick, 132. Estates with the R. C. prefix, 250. Mattapanients, one of the most friendly • tribes, 169. Their dwelling-place, the store-house of the Missions, 169. The residence of l.,ord (Charles Baltimore, 169. The home of the Sewalls, 169. Mattapany-house, the residence of the Sewalls, 169 ; and of Lord Charles Biltimo'e, 169. The (rovernment House, 169. Tlie siege, and surrender, 99. Maltnsell, John, his life. 237-241. His faith, 238-241. Col. Wm. Kvans, the guardian of his son, and the god- father of Mary Maunsell, 240. May, Hon. Mrs., the ancestry of, 114. Melons, 121. Mitchel, Mrs., ancestry of, 114. MoNDMKNTAL Re.mains ; — Epitaph of an 284 INDEX. M. early Deputy Governor, 73. See also St. Cuthbert; Colonel Darnall; the family of Hawkins ; and the Bennetts. Morals of our ancestry, 127. Mormons, 62. Mount Airy, the home of the Calverts, 170. N. Nanticokes, 111. Descendants of the Kuskarmcoaks, 111. Punished for the murder of Rowland Williams, of Accomac, 212. The march against them, in 1647, 231. Napkins, freely used by our forefathers, 120. Neales :— Their faith, 268. Their arri- val, 268. Capt. James Neale, the ancestor of the second archbishop of Baltimore, 243. His gift to Mr. Thornborough, 244. A favorite.of the English crown, 150. Natives of Spain, 85. Henrietta Maria, 150. Blood of the Neales inherited by the Lloyds, and by other distinguished Protestant families, 150. Neale, Most Reverend. See Neales. Negro Slaves, 117. Their early intro- duction, 117. New- Yarmouth, its site, 118, and 194.. Its founder, 194. The seat of Kent County, 194. Nkw York:— The Iroquois, 113. The Swedes, 78, and 167. The Dutch, 79, and 167. St. Tammany''s Hall, 112. A little colony from Manhattan, 80, and 269. See also Augustine Her- man. Nichols, the family at Derby, their an- cestry, 70. Nobility, the early germ of, 116. Opposition of the Roman Catholics to the political party represented by the Puritans, 256. Oysters, 121. OzRNiES, 111. Their dwelling-place upon the Chester, 111. Their affinity with the Delawares, 112. Pacas, their arrival, 262. Palmer's Island, 78. Its identity with Watson's 107. The first foot-print of civilization upon the western shore, 106. Settlement under Colonel Clay- borne, 78. Patuxents; — Their territory bounded on one side by the Piscataways, 111. Large number of little nations and tribes. 111. Their friendship for the colonists. 111. They propose to put themselves under the proprietary's protection, 196. Five Patuxents tried and acquitted, 233. Patuxent, settlement upon, 74-75. Pro- bably Anglo-Catholic, 74. Founded by the Hon. Robt. Brooke, 74. Peake, a species of Aboriginal currency, 111, and 119. Peake, Walter, his life, faith, trial, exe- cution, posterity, &c., 247-253. Peakes, the time of their arrival, 247. The posterity of Walter Peake, 249. Pearce, Hon. Jas. Alfred, arrival of his ancestry, 262. Distinguished in the early history of Cecil, 262. Pennsylvania :— Our boundary includ- ed Philadelphia, 167. Indian name for that city, lb6. Tediousness of the controversy with the Penns, 167. Lord Hardwick's decision, 167. See also New York. Baltimore & Penn, 166. Pile, Hon. John, 186. A Privy Coun- cillor of 1649, 135. His faith, 188. Notice of his life and family, 186- 189. Related to the Tettershatls, and to the Jarbos, 187. Ancestor, it is supposed, of the Brents of Louisiana, and the Carrolls of St. Mary's, 189. His posterity, 189. Pilgrims of Maryland: — The year of their arrival, 22. They brought with them the germ of religious liberty, 37. The Ark, 37. The Dove, 87. Piscataways : — Title of their most pro- minent chief. 111. Boundaries of their dominion. 111. Their territory probably embraced the sites of Wash- ington and Baltimore, 111. Pisca- taway half-breeds, 108. The chiefs submit their gravest questions to the proprietary, as their patriarch, 165. Murders upon the plantation of Capt. Gookins, 151. Trial of Skigh- tam-mough and Couna-weza, 151. Wtreosse, the emperor, 151. A trial jury of twenty-four, 152. Large num- ber of Roman Catholic Jurors, 152, and 270. Plantations, the most striking feature INDEX. 285 upon the face of our early provincial Bociety, 118. Harly Courts and Coun- cils held upon thera, 113. The seats also of trade, 118. Tlieir town-like appearance, 118. Plantkrs, the merchants of the prov- ince, 118. Descendants of the old aristocracy of England, 126. Plymouth, settlement at, 41. PocosoN, the word derived from the In- dians, 122. Pomegranates, 121. Pone, the word derived from the In- dians, 122. Poplar Island, settlement upon, under Col. Clayborne's auspicesj as early as 1636, 78. il'OPULATioN : — Population of Kent, in 1649, 145 ; of St. Mary's, 14.5. Popu- i lation of the Province, in 1649, 145. Its population, in 1699, 103. Ratio, in 1649, of the Protestant to the Ro- rran Catholic colonists, 147-148. Possessions of our forefathers, their lands and servants, flocks and herds, 2-32. See also Life of the Planters. Post, «i22. Potato, derived from the Indians, 122. The word also borrowed from them, 122. Powhatans :— Number of the nations under their sway, 109. Their domin- ion upon the banks of the Patuxent, 109. The AtiC07nacs included within their territory, 112. See also Cliesa- peakes. Pratt, Hon. Thomas G., arrival, and residence of his supposed ancestry, 262. Price, Col. John, a lawgiver of 1649, 134. A Privy Councillor, 134. His faith, 184. Could not write, 51. A soldier, 183. Service in the contest with Ingle, 183. March against the Eastern Shore Indians, 231. Ilis high character, 184. Notice of his life and family, 183-185. Prince George's County, erected 1695, 106. Carved out of Calvert and Charles, 106. Charleston, its original seat, 113. New-Scotland, 82. The Addisons, 267. The Beales, 83. The Bowies, 83. The Brashaers, 84. The Brookes, 75. The Burgesses, 261 The Calverts, 170. The Claggetts. 266. The Contees, 84. The Darnalls 267. The Davises, 261. The Dinios- sas, 79. The Du Valles, 84. The Edmonstons, 83. The Hattons, 206. Tir.e Lamars, 84. The Magruders, 83. The Tracts, 262. The Sewalls, 265. The Shlpleys, 82, The Snow- dens, 82. The Spriggs, 265. The Tettershalls, 187. The Tylers, 265. And the Wests, 268. See also Indians. Printikg-Press, 122. Privy Codncillors, 116. Proprietary's Coin, 119. Protestant Declaration. See Decla» ration. Protestant Revolution, 87-100. Protestants, ratio of, to Roman Catho- lics, in the Province, during the year 1649, 147. Protestants, in the Assembly of 1649, 137. Anglo-Catholics, 137. Provincial Courts. See Courts. Provincial Families. See Families. Provincial towns : — The first Puritan town, 69, and 177. London founded by Col. Burgess, 73. Early rival of Annapolis, 73. London erected into a port of entry, 117. Annapolis erected into a port of entry, 117. Becomes the seat of the Provincial government, 108. New Yarmouth founded by Major Ringgold, 194. Its site, 117. York, 117. See also St. Mary's City; and Piantationa. Pulton, Rev. Father, 159. Punch, a favorite drink, 120. Puritans :— Their arrival, 68. Their first town, 69. Greenberry's Point, and the Severn, 69. Gov. Bennett, Hon. Edward Lloyd, and Hon. Tho- mas Marsh, 69. Puritans represented in the Assembly of 16iO, 70. The Puritan speaker, 70. The ascenden- cy of the Puritans, a period of intol- erance, 86. Q. Quakers :— Their arrival, 76. Their peculiar relation to the government, 63. Refusal to take the oath of sub- mission, 63. Their case examined, 63 and 65. The exaggeration of his- torians, 65 and 78. In 1659, in a le- gal proceeding, a Quaker aflSrmed, 67. George Fox, 76. He preaches, in the province, 77. Ilis j)owerful el- oquence, 77. Rapid growth of the communion, 77. Names of the preachers, in 1672, 78. Respectabil- ity of the Friends, 65 and 77. Doct. *» Peter Sharpe, 77. Interesting ex- tract from his will, 73. The Sharpes, 286 INDEX. \ the Preston s, and other prominent ^Quaker families, 65, and 77. The Cliflfs of Culvert. 77. West River, 77. The Cho])tanli, 77. Sharpe's Islaml, 78. Wi(io\7 of the Hon. Thomas Marsh, 78. QuKKN Anne's County, 45. The Ben- netts, 69. The Coiiners, 222. The l)e Courcys, 114. The Formans, 70. The Goldsboroushs, 263. TJie family of Hawkins, 26-3. The Thompsons 264. The Tilgtiraans, 263. See also Isle of Kent. RiCAUDS, of Kent, their arrival, 84. RiCAUD, Hon. Jas. B., his ancestry, 84. RiCHARDSONS, of West River, 82. A branch at Eutaw-Place, 82. TheirN arrival. 82. A Quaker family, 77. RiGBiE, Rev. Father, 159. RiNGGOLDS, 261. One of the old and leading families of Md., 194. Their arrival, 261. Founders of New-Yar- mouth, 194. Their relationship to the family of Capt. Vaughan, the Privy Councillor, 198, Distinguished, for the period of two centuries, at every epoch, in our history, 194. Ringgold, Thomas, foreman of the trial jury, in the cases of Robt. Holt, and Parson Wilkinson, 153. Roanoke, a species of Aboriginal cur- rency, 111, and 119. Roman Catholics:— Compact between an Anjrlo-Caiholic King, and a Roman Catholic Prince, 26. The arrival of Roman Catholic Missionaries, 158- 159. Their labors constitute the most interesting part of our Aboriginal History, 113, and 158. The seed of Religious Liberty planted by the Pil- grims at St. Rlary's, 37. Honor due to the first Roman Catholic proprie- tary, 34, and 162-168; to the first Roman Catholic Governor, 36-38, and 171-174 ; to the Roman Catholic Assembly of 1649, 53; and to the Roman Catholic freemen of the Pro- vince, 160. St. Mary's County, the home of the Roman Catholics, 149. Roman Catholic hundieds, 157. Ratio of the Protestant to the Roman Catho lie population of the Province, at the period of the Assembly, 148. Spirit which distinguishes the era of Roman Catholic Toleration, 254-259. Ovef- throwof the Roman Catholic proprie- tary in 16=9, 87-100. Sack, a favorite drink, 120. Sacrosancta, its use by the Latin fathers, 54. Sackosancta Dei et Vera Christiana Relioio, its meaning, 27, 54-56. Saint. See Estates; and St. Mary's County. St. Ignatius, the patron saint of Mary- land, 226. St. Mary, the Virgin Mother, applica- tion to her, upon the early Provincial Records, of the terra ever-immacu' late, 228. St. Mary's City: — The first provincial capital, 43. Named in honor of the Virgin Mother, 48. Founded upon the site of an Aboriginal Vill-ige, 47. The Chapel, 32. The Port, 82. The State House, 117. Siege of 16S9, 97. Surrender of the State House, 97. Seizui'e of the Records, 97. Fall of St. Mary's, 108. A slirine, 48. St. Mary's County : — The country of the Y. Its richness and massiveness, 120. Much of it kept by our ancestors, 120. They carved upon it the arms of their own fore- fathers, 12;). Shigh-tam-mough, a Piscataway Indian, tried, convicted, and executed, 151. Smith, Mrs. Barbara, wife of Richard, 9=». Her narrative, 90-93. Her ar- rival at London, 93. Smith, Richard, ancestor of the Smiths of St. Leonard's Creek, and of the Dalanys, and Addisons, 99. Con- necteil witii the family of Somerset, 93. Opposed to tlie Revolution of 1639, 93. A brave and generous spirit, 98. His imprisonment, 90-93 anil 100. Smyth, Hon. Thog., opposed to the Rev- olution of 1689, 92. A signer of the Address to the Crown, from the County of Kent, 95. Ancestor of the Smyths of Trumpington, and of Clies- tertown, 92. A Protestant, 95. Snowdens, of Prince George's, and of other counties, 82. Somkrset County erected, 105. Spalding, Rt. Rev. Martin J., bishop of Louisville, his relationship to the Fenwicks of St. Mary's, 218. Spanish Emigrants, 85. Cliildren of Capt, Neale, 85. Spesutia Island, 107. Herman's trea- ty, 107, and 269. Spriggs, arrival of, 265. Their proba- ble family seat in England, 265. The relationship of the emigrant to Gov. AVin. Stone, 175. Foreman of the JiM-y, in the case of Walter Peake, 251. Ancestor of Gov. Sprigg. 265. Starkie, Rev. Father, 159, A legacy given him, 214. S. State of Societt, 103-127. StoN'.;s, 262. Gov. \Vm. Sfone's life, 175-179. President of the Privy Council, at the Assembly of 1649, 134. Year of his arrival, 176. Hia kinsmen at London, 175-176. Rela- tionship to the ancestor of Gov. Sprigg, 175. .\ncestor of the Stones of Poynton Manor, 173-179 ; of the third Anglican Bishop of Md., 179 ; of a signer of the Declaration, 179; of a member of the Convention of 1783, 180; of a Governor of the State, 180; and of a Commissioner for tiie reform of the practice, in the Courts, 130. Stone, William, the Governor in 1649, 42. Sketch of his life, character, and family, 175-180. See also Stones. Stone, Frederick, the Commissioner, his ancestry, 180. Stove, Rt. Rev. Wm. M., his ancestry, 179. Stone, Thomas, the Signer of the Decla- I'ation of Independence, his ancestry, 179. Stone, John, a Governor of Md., his ancestry, 180. Stone, Michael Jenifer, member of the Convention of 17S8, his ancestry, 180. Stools much used by our forefathers, 119. Sugar, its occasional use, 120. Soitors, 117. See also Manors. Survevor General, an officer of much dignity, 135. Usually sat in the Council, 135. SusQUEHANNOCKS : — A powerful Confed- eracy, 110. Chief dwelling-place, 110. Wide extent of their conquests, 110. They invade the YoitconiicoH, upon the St. Mary's, 47 and 110. Their noble figure, Ho. Kindness to Cai)t. Smith, 110. Their treatii-s with Mary'and, 111. Signers of the treaty in 1652, 111. Territory ceded. 111. Treaty with Herman, 111 and 269. They absorb tlie Toc.kickoghs, 111. Susquehannah Fort, 269. SwEDfcS, their settlement upon the De- laware, 78. A fond remembrance of their fatherland, 79. Refugees in Maryland, 79. Col. Hanse Hanson, 79. His posterity, 79. Natives of Sweden in Maryland, 85. Claim of the Swedes upon the Delaware, 167. 288 INDEX. Taffeta. See Mrs. Fenwick's will. Taney, Michael, high sheriff of Calvert, 96. Ancestor of the Chief Justice, 97. Opposition to the revolutionary party of 16S9, 101. His imprisonment, 103. Attitude before the Assembly, 93, and 104. His letter to Mrs. Smith, 100. Taneys, their arrival, 265. Faith of the emigrant, 265. Taney, Hon. Roger Brooke, his ances- try, 75, and 265. Tables, their early shape, 120. Talbot, Deputy Governor, 251. Talbot County, erected, 105. York, 118. The Goldsboroughs. 263. The family of Leeds, 262. The Lloyds, 69. The Lockermans, 85. The Lowes, 266. The Tilghmans, of Hope, 264. Tea, its great scarcity, 120. Tbttbrshalls, their English family seat, 187. Related to the Piles, 187. Resi- dence in Prince George's County, 187. Related to the Jarbos, 187. William Tettershall's legacy to one of the missionaries, 225. "The Ark," 37. •' The Dove," 37. Thomases, of Anne Arundel, and other Counties, 82. Their arrival", 82. Their arms engraved upon a gold-headed cane, handed down to the present generation, 82. Their identity with those of a well-known Welsh family, 82. A distinguished posterity, 82. An early and prominent Quaker family, 77. Thomas, Philip Evan, (first president of the B. & 0. Railroad,) his ancestry, 82. Thompson, Rev. John A., ancestry of, 264. Thompsons, 264. Their arrival, 264. Descendants of the Hermans, of Bohemia Manor, 264. Colonel John Thompson, 264. The name of -