Glass Book. '^A~ -! I <^\ Gi5pglit}J?_ CDFOUGHT DEPOSm THE LOEDS BALTIMOEE AND THE MARYLAND PALATINATE CECILIUS CALVERT SECOND BARON OF BALTIMORE AND FIRST LORD PROPRIETARY OF MARYLAND From on Knyraviny by Jilootelimih THE LORDS BALTIMORE AND THE MARYLAND PALATINATE SIX LECTURES ON MAKYLAND COLONIAL HISTORY DELIVERED BEFORE The Johns Hopkins University IN THE YEAR 1902 BY CLAYTOK COLMAN HALL, LL. B., A. M. SECOND EDITION BALTIMORE NUNN & COMPANY 1904 LIBRAKY of CONGKESS Two Copies deceived DEC 27 1904 * CLASS 6^ XXc No; COPY B. L. — ^ .^ — . COPYRIGHT 1902 AND 11)04 BY CLAYTON COLMAN HALL All R\(i)it.-i licsencd TO MY WIFE WITHOUT WHOSE ENCOURAGEMENT THESE LECTURES WOULD NOT HAVE BEEN UNDERTAKEN THIS BOOK IS DEDICATED PEEFACE. The following lectures upon Maryland Colonial History were delivered before the Johns Hopkins University, in McCoy Hall, during the months of February and March, 1902, the course having been provided for by the liberality of the Maryland Society of the Colonial Dames of America. The particular subject was selected, and the lecturer appointed, by the Faculty of the University. The lectures were open to the public. They are six in number, and the time for the delivery of each lecture was limited to one hour. The time, — six hours in all, — did not admit of the presentation of a complete history of the colonial period of Maryland. All that has been attempted is to present a brief sketch of the lives and characters of the several Barons of Baltimore, Lords Proprietary of Maryland, together with a review of the salient facts connected with the history of the Province of Maryland, and tke relations of the Proprietaries thereto. Maryland was not the only one of the English colo- nies in America Avhich had a proprietary govern- ment ; but its peculiar constitution as a Palatinate Province, presents many special features of interest to the student of political institutions ; and the estab- lishment in the Province of Religious Toleration, in an age of intolerance, gives special lustre to the story. While the limitations of time were such as to require vii viii PREFACE brevity and condensation in treatment, it is hoped that in these lectures no material facts, necessary for a true and intelligible presentation of the subject, have escaped mention. In offering them, through the press, to a larger audience than that which was from week to week assembled in McCoy Hall, it has been thought better to adhere to the original form in which they were prepared for oral delivery, rather than to recast them in a form that would be appropriate, if the object were to present a complete historical narrative of the period under consideration. Interest in the colonial history of Maryland, and facilities for its study have both been greatly ex- tended within the last quarter of a century. Thirty years ago the principal books which had been published relating specially to this subject were Bozman's History of Maryla7id, in two volumes, and McMahon's Historical View of the Goveriiment of Maryland, of which but one volume was ever pub- lished. Of these, the former covers only the period from the settlement of the Province u*itil the year 1660. This history was written by Johy. Leeds Bozman of Talbot County, and the first volu ne, comprising the introduction, was published in 1811 ; but the entire work was not printed until 1887. Its compilation evinces learning and judgment, and derived as the material was, from manuscript records scattered through various public offices, ill-arranged and almost wholly without index, it gives evidence of a most laborious and indefatigable industry. The second book mentioned. Volume L, of an His- PREFACE ix torical View of the Government of Maryland, by Joliii V. L. McMahon, appeared in 1831. This book is well worthy of the distinguished name and fame of its author. It was not until 1879 that Scharf's History of Maryland (in three volumes) was published. It con- tains a great amount of valuable material, which has not, however, been always judiciously selected or scientifically arranged. The index to this work is a curiosity of confusion. The value of this history would be greatly enhanced by the addition of an in- dex rationally constructed. But it is within still more recent years that the material for the study of Maryland's colonial history has been made more easily available, and interest in the subject has been awakened, partly through the influence of the various patriotic societies, and partly by reason of the greater attention which it has re- ceived at the hands of students. A great advance was made in 1882, when an Act was passed by the Legislature of Maryland making the Maryland Historical Society the depository and custodian of all tl ^ State Archives belonging to the period j^rior to the r'^^knowledgment by Great Britain of the independence of the United States ; and at the same time providing for the arrangement and cataloguing of the papers by the Society, for the pub- lication of such as should be found of historical in- terest, and for keeping the records in such manner that they should be accessible to citizens of the State. Twenty-one volumes of the Archives have now been printed, all of them under the editorial supervision of Dr. William Hand Browne, with the exception of X PREFACE Voliiiiie XYIII, which contains the muster rolls of the Maryland troops in the revolutionary army. Of the portion thus far published, the volumes to which reference has specially been made in the preparation of these lectures, are Council Proceedings, 1636-1697, six volumes. Assembly Proceedings, 1637/8-1697, five volumes. Correspondence of Governor Sharpe, three vol- umes. In 1888, the Maryland Historical Society acquired by purchase from a descendant of the last Lord Balti- more, a large and valuable collection of documents and correspondence relating to and illustrative of the history of the Calvert family, the settlement of Mary- land, and the relations between the Lords Baltimore and the Province. Subsequently additional papers of similar character were acquired from another source. Selected papers from these collections have been printed by the Society in three separate publications, designated as Calvert Papers, ~No. 1, 'No. 2, and No. 3, respectively; but many of them are still in manu- script only. In the Archives belonging to the State, — no twit] i- standing the loss and waste to which they have, from time to time, been exposed, — and the collections of Calvert papers belonging to the Maryland Historical Society, are probably contained records relating to the colonial period of Maryland's history, more com- prehensive than the existing records of any other of the original thirteen colonies. The great seal of the Lord Proprietary mentioned on page 141, which is preserved in the Land Office at xYnnapolis, was cut in silver in 1648, by order of Cecilius, Lord Balti- PREFACE XI more, to replace one lost or stolen during the Ingle rebellion. It is believed to be the oldest relic of the kind in this country. With a portion of these early records already pub- lished, and all of them placed within the reach of students, great encouragement has been given to the study of Maryland's colonial history Avithin the last twenty years, and many facts previously unknown to students of history, have been brought to light. Of comparatively recent publications, mention should be made of two, quite small, but admirable, books by Dr. William Hand Browne, Professor of English Literature in the Johns Hopkins University. They are, Maryland, the History of a Palatinate, published in 1884, in the American Commonwealth series; and George and Cecilius Calvert, Barons Bal- timore, published in 1890, in the Makers of America series. In 1901, a very excellent book appeared, — Mary- land as a Proprietary Province, — by Dr. ^. D. Mere- ness of Columbia University. This book is very accu- rate and is written in an impartial and philosophical spirit. It contains a very good bibliography. In Fiske's Old Virginia and her Neighbors, there are several interesting chapters devoted to Maryland ; but this distinguished historian, singularly enough, fell into several errors as to matters of fact. Among the occasional publications of the Maryland Historical Society, and of the Johns Hopkins Uni- versity (Studies in Historical and Political Science), there have been a number of monographs upon special subjects connected with the colonial history of Mary- land, which have been found valuable in the prepara- xii PREFACE tioii of these lectures. Those entitled to special men- tion are the following numbers of the Fund Publica- tions of the Historical Society: — Ko. 8. Uie Lords Baltimore, by Rev. John G. :\rorris, D. D. 1^0. 15. A Character of the Province of Maryland, by George Alsop. (Reprint.) Xo. 18. The Foundation of Maryland, and the Origin of the Act concerning Religion, by General Bradley T. Johnson. Xo. 20. Sir George Calvert, Baron of Baltimore, by I.. W. Wilhelm, Ph. D. Xo. 30. The Dismemberment of Maryland, by G. W. Archer, M. D. Xo. 36. Early Maryland Poetry, edited by Ber- nard C. Steiner, Ph. D. Among the publications of the Johns Hopkins Uni- voi'sity (Studies in Historical and Political Science), special mention should be made of Old Maryland Manors, by John Hemsley Johnson, A. B., and of the Life and Administration of Sir Robert Eden, by Bernard C. Steiner, Ph. D. It has not seemed worth wliile to enumerate here the various other sources which have been availed of, unpublished manuscripts, and casual references in various Avorks, such as Walpole's Letters, Carlyle's History of Frederick the Great, etc. ; but it has been sought to give, wlierever occasion demanded, proper reference to authority, by means of footnotes printed with the text. The material for the personal sketches of the sev- eral Lords Baltimore, has been gathered from widelv PREFACE xiii scattered sources, including correspondence and other unpublished manuscripts among the Calvert papers in the possession of the Maryland Historical Society. Permission to make use of those manuscripts in the preparation of these lectures, and to reproduce in this publication the maps illustrative of the boundary dispute between the Lords Baltimore and the Penns, whicli were printed in Calvert Papers, ^o. 2, was courteously given by that Society. PKEFACE TO THE SECOND EDITION. Tlie occasion for issuing a second edition of these lectures at so short an interval after their original publication, is a result of the great conflagration which on February 7th and 8th, 1904, destroyed the greater portion of the business section of Baltimore. In that fire the entire first edition, remaining unsold in the possession of the publisher, was lost, and there- fore within little over a year after its first presenta- tion to the public, the book became practically out of print. In this edition no changes have been made in the form of the lectures, with the exception of the correc- tion of a few errors, chiefly in the spelling of proper names, and the printing of dates. Some foot-notes liave been added where deemed necessary either for explanation or amplification of the text. C. C. H. Ruxton, Maryland. September, 1904. CONTENTS. PAGE. LECTURE I. George Calvert, first Lord Baltimore, 1580-1632. Secretary to the Privy Council; Member of Parlia- ment; One of the principal Secretaries of State; Member of the Privy Council; Advocate of the Spanish match; Converted to the Roman Catholic Faith ; Proprietary of Avalon ; Projector of the Maryland Colony 1 LECTURE 11. Cecilius, second Lord Baltimore and first Proprie- tary OF Maryland, 1606-1675. Charter of Maryland; Instructions to Colonists; Oppo- sition of Claiborne; Conflict with Jesuits; Ingle's Rebellion; Attitude in respect to Religion; Interven- tion of Commissioners of Parliament; Fendall's treachery; Appointment of son and heir apparent as Governor 28 LECTURE III. Religious Toleration in Maryland. Toleration the policy of Cecilius from the beginning; Draft of laws sent out by the Proprietary; Action of the Assembly thereon; The Act concerning Religion, 1649; Various opinions as to its origin; Influence of Cecilius, Lord Baltimore; Sentiment in New England and Virginia in respect to religious differences; The XV xvi CONTENTS Maryland Act compared witli the views expressed by Sir Thomas More in Utopia; Exphination of the motives of Cecilius by his son; Another Act concern- ing Religion, 1654; Subsequent legislation on this sub- ject 66 LECTURE IV. Charles, third Lord Baltimore and second Proprie- tary OF Maryland, 1630-1714/5 (February 20). Administers government in person; Indian outbreak; Insurrection under Davis and Pate; Boundary dis- pute Avith William Penn; Return to England; So- "^ called Protestant Revolution; Deprived of Govern- ment; Wrongfully attainted of treason in Ireland. Royal Governors, Administration of Province under Governors appoint- ed by the Crown, 1692-1715; Establishment of the Church of England 99 LECTURE V. Benedict Leonard, fourth Lord Baltimore and third Proprietary of Maryland, 1678-1715 (April 5). Conformed to the Church of England; Held title but six weeks. Charles, fifth Lord Baltimore and fourth Proprietary OF Maryland, 1699-1751. Restoration of the Proprietary Government in Mary- land; Friend of Frederick, Prince of Wales; Travels on the Continent; Visit to Frederick (the Great), Crown Prince of Prussia; Visit to Maryland; Conflicts with Assembly; Remarkable agreement with the Penns. CONTENTS xvii Frederick, sixth Lord Baltimore and fifth Proprietary OF Maryland. 1732-1771. Travels abroad; Literary essays; Trial upon a crimi- nal charge; Final settlement of the boundary dispute; Mason and Dixon's Line; Devise of Province to Henry Harford; Portents of American Revolution 138 LECTURE VI. Manners and Customs, Social and Economic Condi- tions IN. Maryland during the Colonial Period. Early conditions those of a pioneer settlement; Effect of tobacco culture; Various accounts of the character of the Province ; Currency and taxation ; Labor condi- tions — -Indented servants, convicts, and African slaves ; German settlements in Western Maryland; Effect upon agriculture; Frontier rangers; Border strife; Devel- opment of social and political life; Education; Annap- olis a place of luxury and gaiety; Cradle of the theatre in America I74 THE LORDS BALTIMORE AND THE MAEYLAI^D PALATK^ATE LECTURE I. George Calvert^ First Lord Baltimore. THE special subject proposed for tke present course of lectures upon Maryland colonial history in the invitation for their delivery, was ''The Lords Baltimore/' with wide latitude of choice left to the lecturer as to the manner in which the subject should be treated, — whether to attempt to present some biographical account of the several Barons of Baltimore, or to consider chiefly the history of their actions as Lords Proprietary of Maryland. What is knoAvn or is now ascertainable in relation to what may be called the personal history of the six persons who successively bore the title of Baron of Baltimore differs very widely both in amount and interest in the case of the several individuals. The lives of some of them were much more conspicuous 1 2 THE LORDS BALTIMORE AND and eventful than those of others; and while the facts that can now be gathered in respect to some are reasonably full, in respect to others the records are very meagre. Some are known, and their char- acters are to be judged, chiefly through their relations with the Maryland Province, and the record which has been preserved of their public acts in its found- ing, upbuilding and government; in communications to the provincial Governors, their messages to the houses of Assembly, and their general attitude to- wards legislation in the Province, and the policy to be pursued in its administration. Such being the case, any account of the Lords Baltimore would necessarily involve frequent reference to the course of events in the Province. Recognizing then the fact that the subject for these lectures was selected on account of the intimate association of the Lords Proprietary with the colonial history of Maryland, and that the illustration of the latter was the object sought, quite as much as an account of the lives of the Barons of Baltimore, it has seemed that the purpose would be better ex- pressed by adopting the title ^'The Lords Baltimore and the Maryland Palatinate'^ as the designation of the subject. It may be well to note that the title Baron of Baltimore in the Kingdom of Ireland was created in 1625, and conferred by James I. on George Calvert, first Baron. This was seven years before the grant of the Maryland charter, and some years THE MARYLAND PALATINATE 3 before the arrival hither of the first colonists. The title became extinct in 1771, upon the death of Frederick, sixth Baron, five years before the declar- ation of the independence of the United States. It was in existence therefore for a little less than one hundred and fifty years, and its duration was nearly coincident with that of the colonial period of this commonwealth. Our subject leads us first to the career of George Calvert, first Baron, the projector, though not the founder, of the Maryland Province. George Calvert, the first Lord Baltimore, was born at or near Kiplin in Yorkshire, England, about 1580. The exact date of his birth has not been as- certained. His father was Leonard Calvert, a coun- try gentleman, who lived in the valley of the Swale in Yorkshire, and whose wife, the mother of George Calvert, was Alicia Crossland, a lady of gentle birth, and heiress, belonging to a family of the same neighborhood. The origin of the Calvert family has never been successfully traced. There were Calverts in York- shire as early as the fourteenth century, and it has been generally assumed that the family was of Flemish origin. In the exemplification of arms issued in 1622 by Richard St. George, J^orroy King of Arms, the original of which is now preserved in the collection of the Maryland Historical Society, it is stated on the authority of Yerstegan, antiquary and philologist, that "Sir George is descended of a 4 THE LORDS BALTIMORE AND noble and ancient family of that surname in the earldom of Flanders, where they have lived long in great honor." The fact of the Flemish origin is probably true, but the date of the migration of Calvert's ancestors to England is unknown, and the means of tracing the genealogy to the Flemish family apparently did not exist ; for instead of con- firming to Sir George the coat of arms belonging to that family, as would probably have been the case if the identity had been satisfactorily established, tlie bearing of another coat, of different device, but composed of the same tinctures, was approved, witli the crest pertaining to the Flemish family added/ At the early age of fourteen George Calvert en- tered Trinity College, Oxford, where he received his bachelor's degree in 1597. ' / -f-'v- f~' '^ At the University, Calvert acquired a thorough knowledge of the Latin tongue, and it is prob- able that there also he obtained a familiarity with the French, Italian and Spanish languages, which proved especially valuable to him in the political and diplomatic offices which he was, in later life, 1 The coat of arms borne by Sir George Calvert is described in the exemplification referred to as "paley of six pieces or and sable, a bend counterchanged," with this crest: — ^"the upper part of two half lances or, with bandrolls thereto ap- pending, the one or, the other sable, standing in a ducal crown gules," which is declared to be "the ancient crest descended unto him from his ancestors." The arms of the Flemish family are described as "or, three martlets sable." .1/^/. His(. Soc, (Uilrcrt Papers, No. 1, p. 38. THE MARYLAND PALATUM ATE 5 called to fill. After his graduation, following the fashion which prevailed then, as now, for the completion of a well-rounded education, he trav- elled upon the continent of Europe, and it is likely that he then made the acquaintance of Sir Robert Cecil, who had been sent by Queen Eliza- beth on a special embassy to the Court of Henry IV., and who after Avards became the stanch friend of Calvert and the founder of his political fortunes. Shortly after the accession of King James, Calvert obtained a seat in Parliament as representative of a Cornish borough, and not long after he married Anne, daughter of John Mynne, a gentleman of Hertfordshire. In 1605, upon the occasion of the King's visit to Oxford, the master's degree was conferred upon Calvert, among many distinguished candidates, in- cluding the Duke of Lennox, the Earls of Oxford and N^orthumberland, and Sir Kobert Cecil. About this time Calvert became private secretary to Cecil, and Avas appointed by the King clerk of the Crown and Assizes in County Clare, Ireland. Thus began his connection with that kingdom, to the peerage of which he was afterward to be eleva- ted. The death of his powerful friend and patron Cecil occurred in 1612, but he had already acquired the special confidence and favor of the King and his political fortunes continued steadily to advance. In 1613 he was appointed clerk to the Privy Council, and also a member of an important com- Q THE LORDH BALTIMORE AND mission sent to Ireland to enquire into the discon- tents which had arisen there as a consequence of King James's policy in endeavoring to bring the people into conformity with the religion, and obedi- ence to the law, of England. Calvert was appointed on two such commissions to investigate the affairs of Ireland, and though his associates included men much more distinguished than himself, it is not improbable that his facile pen, — for he held the pen of a ready writer, — was useful in preparing their reports. It is evident that at this time he was not in sympathy with the Roman Catholic Church, of which in later life he became a member; for the reports speak with emphasis of the powerful influence of the Jesuits in fomenting the existing discontents, and stimulating resistance on the part of the Irish. This fact is of interest in connection with the antagonisms, which we shall hereafter consider, which arose between his son Cecilius and the Jesuit missionaries in Maryland. In 1610, on the occasion of the accession of Louis XIII., Calvert was sent by James upon a special mission to France, and from this time on he seems to have enjoyed the distinguished favor of the King. He was the King's colaborator in his theo- logical dispute with the Dutch Arminian Vorstius, — but whether as assisting in the composition of the royal theologian's thesis, or merely as translator of it into the Latin tongue is uncertain. It is THE MARYLAND PALATINATE ^J more than probable that he was in part, at least, author. In 1617, upon the occasion of the celebration of the marriage of the brother of the Duke of Buck- ingham, the order of knighthood was conferred upon Calvert; and the death of the wise and faith- ful counsellor, Cecil, having rendered it necessary to the Cro'wn to gain, in his place, the services of a minister possessing similar sterling and painstaking qualities, Calvert, who had been trained by Cecil, was, in 1619, upon the dismissal of Sir Thomas Lake upon the charge that State secrets leaked out through the loquacity of the latter's wife, advanced to the responsible office of principal Secretary of State. This office, although it made him a member of the Privy Council, differed widely from the modern office of Prime Minister, to which it has sometimes been supposed to be equivalent. There were at that time two principal Secretaries, Calvert's col- league being Sir Robert Naunton; and the office had been held by men of great political power and influence, including Sir Eobert Cecil himself. But the functions of the office seem to have been rather those of business administrator and recorder than of leadership in the proceedings or policy of the Council. The influence of the Secretary depended more upon his personal qualities than upon his office. Sir Robert Naunton, Calvert's associate in office, was a studious man of quiet tastes, without political 8 THE LORDS BALTIMORE AND ambition. Calvert was industrious and business- like, an accomplished linguist, and possessed great familiarity with the domestic and international poli- tics of Europe. The value of his services, and therefore his influence in the proceedings of the Council, were consequently great. Buckingham, the King's favorite, had sought the office for Carleton, at that time Ambassador to the ISTetherlands, but failing to secure it, he made a virtue of necessity and himself communicated the fact of his appointment to Calvert. The latter accepted the office with great reluctance, modestly describing himself as unqualified to fill a position that had been held by his late distinguished patron, Cecil. He no doubt also had a perfectly practical perception of the difficulties to be confronted at the Court of James I. by every one concerned in affairs of State. Calvert had been useful to the King, and the latter depended upon him; but James was fickle and capricious, and any tenure of office that de- pended upon his favor was precarious. The condition of public affairs, too, was anything but reassuring. In England there was a constantly increasing feeling of unrest, and the continent of Europe was filled with turmoil and warfare from Bohemia to the Bhenish provinces. In fact, it was the first year of that prolonged strife, partly dynastic and partly religious, that has passed down into his- tory with the direfully significant designation of The Thirty Years AVar. THE MARYLAND PALATINATE 9 Upon the occasion of his appointment, James questioned Calvert closely concerning his wife, and warned him of the example of his predecessor Lake, whose wife and daughter he compared respectively to Eve and the serpent. Calvert bore affectionate testimonv to the distinguished virtues of Ladv Calvert, and relieved the King's mind of anxiety as to any mischief arising through indiscretion in speech on her part. At this time Spain and France were rivals for the friendship of England ; and those in England who favored alliance with the former, strongly advo- cated, as a means of closely uniting the interests of the two countries, the marriage of the Prince Charles to the Infanta Maria. This match was favored by the King, and, though the proposal was not approved by the majority in Parliament, it was strongly advocated by Calvert, who, while his utter- ances in Parliament were listened to witli respect on account of the recognized sincerity of his personal character, suffered from being the representative and mouth-piece of the King, to whose policy the popu- lar judgment was opposed. Mercenary or venal motives have been attributed to Calvert on account of his advocacy of the Spanish match, and he has even been accused of having been influenced by Gondomar, the Spanish Ambassador, by pecuniary considerations. It is sufficient to say that such charges were not seriously entertained against him during his lifetime. The accusation ^0 TUN LOlthti liALTJMOJCJ'J ANh wuH ^iven currnnoy })y a iioto of TirHial, an editor of Kapin^H HiHtory. \l in nol, uly he obtained by corrupl-ion i\\\i\ I iiue-serviug, Ik; was right. Ihit :dl (ioutcuuporary testimony goes to siiow that the real o[)inion entert}iiu(;d of (Jalvert's siucerity of charac.tcr was in accor(huic-e with that expressed by the; r'rcinch Aiubassador. Notwithstanding the widening breacli between 1 Tlinlary of Eufiland, by M. Rapin do Thoyras: 3d edition, tmiiHlaUfd by Itcvil. N. Tindnl, 1743; vol. ii, p. 200. M. Rapin (1001-1725) was a French Huguenot who rendered military Hcrvice unut Calvert knew of the vi(A(tJU'Xi and WojtuHa practised under the name of ( liberty by the Anabaptists and others on the conti- nent of Kurope. is it wonderful that a man of conservative temperament, trained in the political school of i\i(t Tudors, recognizing the dangers of an imnjediate triumph of the popular will, but unable to look a century ahead and perceive the nltimat*^ result in a monarchy limited by ci-jnstitutional restraints, and a government r^mtrolled by a legisla- tive body truly representative of the will of the nation, should shrink from the prospexit of an as- sault upon the royal power? To such a man the possibility of an orderly popular government must have seemed remote, and the resistanrjri of Parliament must have been viewed by him much like the begin- ning of anarchy, or of horrors such as were actually witnessed a century and a half later in Frauojt. it 12 THE LORDS BALTIMORE AND is not surprising that such a man should think it better for the common weal that the people should be governed by a King, though unworthy, than that the King should be governed by a turbulent people. And in respect to the Spanish marriage, of which, though distasteful to the majority of the people Cal- vert was an advocate, it was a subject upon which men and statesmen might reasonably differ. With all Germany invoh^ed in war, England was in need of a powerful ally, and Spain was to all outward appearance the most powerful, as well as the richest, nation in the world. Tliat the seeds of decay had already taken root was not apparent. The glories and the triumplis of the reign of Charles V. were not so remote but that their memory lingered. And the conquests of Cortes and Pizarro in the new world had apparently opened to Spain inexhaustible sources of wealth. With England's treasury empty, the prospect of the rich dowry which the Spanish Princess was to bring, was no small consideration in the eyes of the spendthrift James. Gondomar, the Spanish Ambassador to England, was an accom- plished diplomat, and no doubt did acquire a consid- erable influence Avith Calvert and other advisers of the King. ^Negotiations were kept pending, but the conclusion of a treaty was skilfully postponed. Meanwhile, contrary to the inclination of the people, James was kept from interfering on behalf of the Protestant Princes in Germany, or on behalf of his son-in-law, Frederick the Elector Palatine, who, in 77//'; MAIfYI.ANl) I'A LATIN AT h] j ;> ac(!<*-pl in^- IIk; (tnnvn of l>oli(;nii;i, lijul not oriJy fsiilod to Hnoiin; lluil. kiii^(]oin, hiH, had iitipcirilled IiIh claim' lo Iu'h li(;rr;(lil}iry principality an well. At last camo the vJHit of I*rinc(' (/harlcs juhI liiickin^hain lo Madrid wilh si view of conducting' nc^otiatioriH in pfiTKon, an (ixjKidition which rcBultcd in the diHcloHurc of Spain'H iriHincr'rity in ihc nc^of ijitions, jirid their finjil riif)lMrc. In the r;irli;iiiienl of H)^}^ Calvert, having lost the Kejit which he h;i(l hehl for V^)rkHhirc, waH n^turruMl an oik; of th(! nienihej'H foi- ihe ('nIv(;rHity of Oxfonl. I>nl, diHhcart(;ned hy the failure of the Spiinish jiliijuice, in the nucA'Atm of which he \\i\(\ })om\\ d(;e[)]y inter(;,sted, r(;(;ognizing- iJie incrcianing (iiliiciil ti(;H whicj) heH(;t tin; throne, dominated an it wan hy the inflnencf^ of favorites, op|>oHed in policy hy tlu; (Joni- nions, and re^ni'dcMl wilh hoHtility on ac^counl ni ofh<-inl poHifion. FFe had moreover her'ome a convei-t to lh(; Komaij ('jitholic ('inirch, and hin action in rr^Higning rrniy have (K;en precipitated hy hin appoint- ment, in Jjinniiry, MJ^jn, npon w new c.ommiHsion lo try reciinantH. At all eventn, in the following month, he renigned his SecretaryKJiip and openly avow(;d IiIk adherenc(; to the (yhnrch of Rome. According to th(i faHhion of th(i linuiH hifi HUCccKKor, Sir Albert Morton, paid (Jalv(;rt £0000 for the huc- eesHion to the oHicc, or ahoiit the etpiivalent of it8 ernoliirnenlH for* three yearn. The King accepted 14 THE LORDS BALTIMORE AND his resignation with regret, and as a mark of his special favor retained him as a member of the Privy Council, and created him Baron of Baltimore, in the Kingdom of Ireland. Calvert had previously received other marks of the royal favor. In 1621 the King granted him a manor of 2300 acres in County Longford in Ireland, and in 1623 a charter for what was erected into the Province of Avalon in IN^ewfoundland in the parts of America. Calvert had for some time been deeply interested in the ventures for colonizing the new world, and as early as 1609, had been a member of the Virginia Company. He was subsequently a member of the provisional council for the management of the Vir- ginia colony, and in 1^22 was one of the eighteen councillors of the New England Company. In 1620,/ before the grant of his charter, he had purchased a plantiition called Avalon upon the island of New- foundland. His release from tlie cares of official position gave Calvert the opportunity to devote his attention to his schemes for colonization. The charter of Avalon was exceedingly liberal in its terms and in the powers conferred upon the proprietary. The province was erected into a county palatine, held of the Crown by strictly feudal tenure in capitc by knight's service. But the affairs of the Avalon colony did not prosper, and Calvert determined upon visiting it in person, to investigate its conditions and retrieve its fortunes, if possible. He sailed for Newfoundland THE MARYLAND PALATINATE ^r^ in the summer of 1627. The settlers then numbered about sixty persons, and though the season of the year was favorable, Calvert was evidently disappointeiii>^ nAi/rnu)iii<: and flitioii, <»!• ;i(. IciiHl, llinl, (»r \\\v. ruling" (tluHH; for LoinI hiill iiiiorc wiis cniilciil lo l(';i\(' Ilis wife :iii(| fiiiiiily ;il .hmicslowii uikIcm* {\\v. prolccl.ioii ol' lli(> |;ov('rn- iiiciil llicfc, wliili^ \\v rchii'iKMl (() l<]n^lnii liiMcr to nITord to Lady I ijill iiiion^ iiiid lici- fnniily his hcst jiHsisliiiico joi* her return to lMi_i;hind. 'The S;iiiit ( M;nid(^ \v;ih ji^";iin lonncd to l/oi'rson:d clVeels wilh which the \M'Ssel wiiH fiMM^'hted were losl.' lialliinore, notwitliHlaiidin*;* thc^ diaHuasion of tlio ]viM^' nnd his implied promise to nH'.omjxuiHO liim for his losses hy nii increase «d roynl Imvoi", st(Midily adlu^nMJ to his eluMMshed phiii of (establishing a col- ony in the new woi'ld. At Uuigth the Kin*; yielded jind ^nve him ji i;r;int of territory oxtcuiding from the Jjimes itivcM*, sonthwnrd lo the (/howan, nnd > WilholiM, /iVtr (ilconjv Oalvort, Baron of Italtimorv: Md. Hist. Soo., Fund Pub. No. 20 />. 147. In Lord IJaltimoio's will, tliilfd April II. IC.'ti!, Ili(> (liiy liclon' liin ticiitli, no iiicniion Ih iniidi' ol I. inly Hii II iimu .• Mv idnil |y hIu' whs not Mien liviiiL'. 77/ a; MAinijANP I'A LATIN ATI'] 21 westward lo IIk; iiiouTitairiH. 'JMiIh ^rjinl, vvjih bit.- torly ()|)|)()S(!(I by iiKinilxsrH of tlio diHSolvod Virginia Coinpariy, who .still son^lit jirid liopod for a rovi- ^vnl of lli(i (',li;irt(ir of tliiit (company. N^ot wiHliing to (!iiil)jii'k upon liis (!rit(!rprlH(i with the, [)oworriil hostility ol" thoHo iiitorc3Htod in iho Virginia (y()tn[)any confronting him, Lord i>nltinioro afikod l,ho King to ro(;onHi(h>r thi.s grant. Thin waH acxrordingly done;, and the; grant of ('arohma, aH th(i territory juHt doHcribod waH cjilbMl, was snrr(5nd(5r(Hl, and in lion thoroof a grant w;ih proniiso*! of territory lying iiiiiiHidiatrdy to the; iiorth, of Virginia, and on both sides of th(! (J]i(!sapeake iiay, irududing the> wholo of ifie j)eninsid;i on th(! (;{ist(!rn shore, jind (;xt(;nding on the west(}rn slionj, from thci 40th degree of norl,h latitude;, (which was the southern boundary of New J<]nghindj down to tfie mouth of tin; Potormie River, anr(' llic ilcuiaiids of I lie clergy are set forth. Am On April 16th of that year, it appears from the form of receipt that he did personally deliver the arrows into the hands of the King himself, whose restoration to the throne had but recently occurred. Historians of the highest rank, who have studied the acts and character of Cecilius, have expressed their conclusions invariably in terms of praise. McMahon wrote: "The character of Cecilius, the founder of Maryland, lias come down to us, identified in his acts, and in the language of his- torians, with religious liberty and respect for the rights of the people." "Never" (said Dr. Ramsay) "did a people enjoy more happiness than the people of Maryland under Cecilius, the father of the Pi'ovince." And on liis tombstone (said the care- ful annalist Chalmers) ouglit to be engraven, "That 1 while fanaticism deluged the empire, he refused his assent to tlie repeal of a law, which in the true spirit of Christianity, gave liberty of conscience to all." * Fiske's conclusion was that "There is no doubt as to the lofty personal qualities of the second Lord Baltimore, his courage and sagacity, his disinterested public spirit, his devotion to the noble ideal which he had inherited." ^ Dr. Wm. Hand Browne writes; "Every engine had been brought to bear against him: fraud, mis- 1 Historical View of the Govt, of Md., p. 221. 2 Old Virginia and her Neighbors, Vol. II, p. 160. THE MARYLAND PALATINATE 35 representation, religious animosities, and force; and each for a time had succeeded. He owed his triumph to neither violence, fraud nor intrigue, but to the justice of his cause, and his wisdom, constancy and patience." ^ Such testimony, uniformly borne by all who liave studied the subject impartially and written upon it in the judicial spirit of historical investigation, may be accepted as conclusive evidence of the high character of Cecilius Calvert, second Lord Baltimore and first Proprietary of Maryland. The subject of religious toleration in Maryland, with which his name is closely identified, will be considered in the next lecture. 1 Maryland; the Uislory of a Palatinate, p. 88. LECTUKE III. Religious Toleeation in Maeyland. THEEE is probably no one piece of legislation, enacted during the colonial period of this country, that has given rise to so much contro- versy as to its merits as the Act concerning Religion, passed by the Assembly of Maryland, on April 21, 1649. It has been described by the distinguished jurist and historian McMahon, as ^^one of the proudest memorials of our colonial history;" ^ and many others have written of it in similar terms. On the other hand there have been those to decry it — and a recent writer has gone so far as to denounce this same Act as "really a most disgraceful piece of intolerance," and to impugn the motives of all that were concerned in its enactment.^ With views so divergent, or rather contradictory, held and expressed in relation to this Act, it is worth while to consider somewhat carefully its actual provisions and the circumstances under which it became a law. That there should be liberty of conscience and freedom in the exercise of religion, had been the 1 Historical Vieio of the Govt, of Md., p. 227. 2 Smith, Religion under the Barons of Baltimore, p. 319. 66 THE MARYLAND PALATINATE g^ settled policy of Lord Baltimore from the founda- tion of the colony. We have seen how, in the instructions given to the first colonists upon setting sail, it was specially enjoined that the Grovernor and commissioners were to be very careful to pre- serve unity and peace amongst all the passengers, that no offence be given to any of the Protestants, and that Roman Catholics were to be instructed to be silent upon all occasions of discourse concerning matters of religion. This rule of conduct was strictly observed in the colony before any Act concerning religion was passed. During the early years of the Province, the government, except when temporarily overthrown by the rebellion of Claiborne and Ingle, was in the control of the Proprietary. The lower house of Assembly soon became a popular representative body, and a large majority of the freemen were at an early date \ Protestants; but the Governor and Council who constituted the upper house were appointees of the Proprietary. He sought to select those upon whom he could depend to guard his interests and carry out his policy, and the first Governor, who was the Proprietary's brother, as well as a majority of the Council, were Poman Catholics. Soon after the founding of the Province a pro- clamation was issued prohibiting disputes tending to cause factions in religion. No record of this proclamation has been discovered, but it is referred to and quoted in a case which arose in 1638. i OS THE LORDH BALTIMORE AND It is worthy of note, tliiit tlio rc(;or(ls show but two cases of vioLition of the Proprietary's instruc- tions, ])y wliicli tliis subject appears to have been governed prior to the passage of the law of 1649 ; and in both cases the offenders were Koman Catholics who were arraigned and promptly pnnifihed for molesting Protestants upon religious matters. The first was the one just referred to, in 1G38. One William Lewis, a Roman Catholic in the employ- ment of Thomas Cornwaleys, came into a room in which two servants of his master who were lodged witli liim, were reading aloud a book of sermons by a Protestant itiinister. Lewis (lenounced tlie autlior, Protestant ministers in general, and forbade the men to read such books in his house. For this lie was tried before the Governor, Secretary Lewger nnd TJiomas Cornwaleys, all Roman Catholics, condemned, and sentenced to pay a fine of 600 lbs. of tobacco and required to give security for his future good behavior.^ The second case arose in 1642, when Thomas (Gerrard, also a Roman Catholic, carried off some books and tlie key from a chapel at St. Mary's under claim of some property rights therein. The Protestants, who apparently worshipped in the chapel, appealed to the Asseuddy for redress. That body ordered the return of the articles removed, the relinquishment by Gerrard of all claim to the 1 Md. Archives: Provincial Court, 1037-1050, p. 38. 77/ y; MAUYLANI) I'A hA'I'J N ATJi] (;<) cliafKil, ;irMl InipoHod upon Ijirri a fino of 500 lbs. of ioba(;(;o to Ix; ;ij)f>li(; of IJh; i'wHl VroUiHl'.nil miwinUw who hIiouM cohio to j,li(! I*rovIrK;c}.* 1 1, j'h c.lciiv iJicjroforo l\\;d IJkj prin(;ipl(5 of n-Jifrioiiti ioloralion pnjHcrifxul by Lord l>;illjinoro wjih fully r(;(;o^nizo(l, mid wjih orifon;ov'\t\(-(', of iu\y HtaUiUj upon Ibo Hu[>j(i(;l>. WIh!/!, upon fin; ov(*rlJirow of IIkj royal f)owoj' in l<]n^bui(l ;umI IJio Lriurnpli of a l*uri(>an Parlia- rnc;nl,, I^ord I>;ih,i/nor(i n;c.o^ni/(j(l Ukj ncjcOHHily of ' reorganizing- llio ^•ovorninonl of tlio I^rovincr; by tli(; a[)poin(ni<;ril, of ;i ProtoHlanl. Oovcjrnor, bo n;(piir<;(;oi;il f)roviHion tliiil li(! womM nol, liIniHolf or f>y ;iny pornon, (jir(ictly or iny th(; Maryljind Ilistoricijd Society in IHHo. His gr(;at grandfatlj(;r, Sir 'J'liornas More, Lord Ilii^li Chancellor of P^n^land, who more than a century before had jiaid with his lifers blood for his unswerving adherence; to })rineif)le, beheld a vision afar olV of a jdace, an island which he ' called ''Nowher(;,'^ in which }d)Solute freedom of religious belief prevaihul. In this mythienl r(;gion, of whieh thci vctry name indi(!{if(!d Ihjit it was without location, it was declanid to he ''one of the ancientest laws among ihcm, that no man shall bcj blamed for reasoning in th(! maintenance of his own religion. For King IJtopus, even at the first beginning, hearing that the inhabitants of the land were before his coming thither, at continual dissension and strife among themselves for their religions. First of all Ik; made a d(;cn;e that it should be lawful for (iVVTy man 1o favor jind follow what religion he would, ;mInion, so that 86 THE LORD 8 BALTIMORE AND he did it peaceably, gently, quietly and soberly, without hasty and contentious rebuking and inveigh- ing against other. ^^This law did King Utopus make not only for the maintenance of peace which he saw through continual contention and mutual hatred utterly ex- tinguished; but also because he thought the decree would make for the furtherance of religion.'' ^ In this Utopian dream of perfect religious liberty, and the avoidance of religious contention, we seem to hear the ring of that statute passed in Maryland in which the use of religious designations as terms of reproach was forbidden, and in the latter part of which, — ^the part that plainly emanated from Lord Baltimore, — the purpose was declared to be the promotion of love and amity among the people. Sir Thomas More saw the vision of such a blessed state of affairs in an island — E'owhere. A century later it became an accomplished fact in Maryland, and the principles of the decree of King Utopus were enacted into law and entered upon the statute book of the Province. Bancroft, the historian, makes this comment: — "Thus did the star of religious freedom harbinger the day ; though as it first gleamed above the horizon, its light was colored and obscured by the mists and exhalations of the morning." ^ And in another 1 Utopia, Book 2. 2 History of the United States, Vol. I., p. 68. THE MARYLAND PALATINATE g? place he says: — ^^The administration of Maryland was marked by conciliation and humanity. To foster industry, to promote union, to cherish relig- ious peace, — these were the honest purposes of Lord Baltimore during his long supremacy.'' ^ As to the motives which actuated Cecilius, Lord Baltimore, in adopting the principle of religious liberty in the government of his Province, we have an explanation in the answer of his son and successor, Charles, to certain enquiries about Maryland addressed to him by the Lords of the Committee of Trade and Plantations. This answer was made in March, 16Y8 — three years only after the death of Cecilius. It was in reply to queries as to the number of clergymen of the Church of England then in Maryland, and for an account of all the Protestant families there, and the feasibility of gathering them into congregations, with an account of the dissenters from the Church of England, and the number of ministers they had; and in general, an account of the number of planters in Maryland, of what persuasion they were in matters of religion, and the number of each persuasion respectively. In fact it was a religious census that was asked for. To this Charles, Lord Baltimore, replied that the making of such scrutinies would certainly either endanger insurrections or a general dispeopling of ^lUd., p. 438. gg THE LORDS BALTIMORE AND the Province, which was at present in great peace and quiet, all persons there being secured, to their content, for a quiet enjoyment of everything that they could reasonably desire. The reason why such scrutinies would be thus dangerous he stated as follows : ^^At the first planting of this Province by my father albeit he had an absolute liberty given to him and his heirs to carry thither any persons out of any of the dominions that belonged to the Crown of England who should be found willing to go thither, yet when he came to make use of this liberty, he found very few who were inclined to go and seat themselves in those parts, but such as for some reason or other could not live with ease in other places ; and of these a great part were such as could not conform in all par- ticulars to the several laws of England relating to religion. Many there were of this sort of people who declared their willingness to go and plant themselves in this Province so they might have a general toleration settled there by a law by which all sorts who professed Christianity in general might be at liberty to worship God in such manner as was most agreeable with their respective judgments and consciences, without being subject to any penalties whatsoever for their so doing, provided the civil peace were preserved; and that for the securing the civil peace and preventing all heats and feuds which were generally observed to happen amongst such as differ in opinions, upon THE MARYLAND PALATINATE gQ occasion of reproachful nicknames and reflecting upon eacli others opinions, it might by the same law be made penal to give any offence in that kind. These were the conditions proposed by such as were willing to go and be the first planters of this Province, and without complying with these conditions in all probability this Province had never been planted. To these conditions my father agreed, and accordingly soon after the first planting of this Province these conditions by the unanimous con- sent of all who were concerned were passed into a law; and the inhabitants of this Province have found such effects from this law and from the strict observance of it, as well in relation to their quiet, as in relation to the further peopling of this Province, that they look upon it as that whereon alone depends the preservation of their peace, their properties and their liberties. This being the true state of the case of this Province, it is easy to judge what consequences might ensue upon any scrutinies which should be made in order to the satisfying these particular enquiries." ^ The writer of this letter, Charles, Lord Baltimore, was the son and heir of Cecilius, who had died in 1675. During the last fourteen years of his father's life he had held from him the office of Governor of Maryland and resided in the Province. Xo one knew better than he his father's views and aims, or was more familiar with the conditions existing in Maryland. ^Md. Archives: Proc. of Council, 1667-1687/8, pp. 267, 268. 90 THE LORDS BALTIMORE AND In this plain statement of the circumstances which led to the establishment of religious toleration in Maryland we do not find Cecilius represented as having been influenced solely by a lofty perception of the eternal justice of permitting liberty of con- science, and neither do we find him described as a religious enthusiast leading a band of his co-relig- ionists into the wilderness of the new world for conscience sake. But we do find that when he offered to those avIio had been harassed and harried by the enforcement of laws which nuide the observance of certain forms of religious worship a punishable offence, an opportvmity of migration, and they demanded assurances that they would not be con- fronted in the new world Avith similar oppressions, he recognized, in a spirit of broad liberality, the reasonableness of the demand, and perceiving that in asking liberty, they must, in obedience to a law long before promulgated, but often forgotten, do as they would be done by, he adopted the principle, already knoAvn in theory but not in practice, of \ absolute freedom of conscience for all who professed and called themselves Christians. We see in this the act, not of an apostle of truth, or of one who stood as the exponent of a principle hitherto unthought of, but rather that of a man who Avas governed by a broad spirit of fairness and liberality, by a far- sighted statesmanship, and who, as the record of his life and his dealings with his Province amply show, having accepted and adopted a principle far THE MARYLAND PALATINATE fji in advance of the spirit of his age, adhered to it unswervingly, enforced it impartially, and, as his son testified, secured thereby to the inhabitants of the Province, over the destinies of which he was the arbiter, such effects that they regarded its preservation, that upon which "their peace, their properties and their liberties" depended. It is to be added that the principle of religious liberty adopted by the first Proprietary of Maryland was essentially adhered to by his heirs and successors in title, even by those of them who in subsequent generations lacked both the ability and the virtues of their progenitor. In after years we find attempts at its infringement more than once resisted by those whose dealings with the colony in other respects fell far short of the standard set by its founder. It is true that at one time there were certain orders of Council adopted which bore hardly upon the ^Quakers; but these had no reference whatever to religious questions. The facts were simply these. The law required that every settler should take an oath of fidelity to the Lord Proprietary and of allegiance to the King. It further required, as was natural in a frontier settlement, that every man capable of bearing arms should be enrolled in the militia, and be provided with arms and ammunition. The Quakers refused to take the oath, or enter into other engagement of fidelity, alleging conscientious scruples, and also refused to bear arms, — leaving the defence of the colony to 92 THE LORDS BALTIMORE AND others. Tliev were besides accused of trying to dissuade others from bearing arms. As allegiance to the government, and preparation for defence were deemed essential qualities in good citizens, it was not unnatural that the government resented the attitude of the Quakers. The objection was not ^ to their religious views, but to their demeanor as subjects. However orderly the lives and behavior of these peaceable people might be, they deliberately defied laws the observance of which, was deemed most important ; and for this reason alone were regarded with disfavor. An order was adopted — requiring that they sliould either comply with the law or depart from the Province. If any one having been thus banished should return he was to be whipped from constable to constable until he was again out of the Province. This order of Council was not a statute of the Province, and it was continued in force for little more than a year; — it was during Fendall's brief administration. In the only case of record in which an attempt was made to enforce the prescribed penalty, the accused ingeniously and successfully pleaded that as he was within the Province when the order was adopted and had remained there in spite of it, he should ^ not be punished for returning.^ x\s a matter of fact Quakers settled in the Province in large numbers, were unmolested, and prospered. 1 .¥(7. Archives: Proc. of Council, 1636-1667, pp. 362, 364. THE MARYLAND PALATINATE 93 What was the temper of the freemen of the Province upon the subject of religious liberty, when once the firm hand of the Lord Proprietary was removed, is shown by an Act of the Assembly adopted in 1G54, when the authority of Lord Baltimore had been temporarily overthrown, and dominion over the Province was exercised by William Fuller and others, commissioners under the Commonwealth which had been established in England. At this Assembly another Act concern- ing religion was passed. Its principal provision was ''that none who profess and exercise the popish religion, commonly known by the name of the Roman Catholic religion, can be protected in this Province by the laws of England formerly established and yet unrepealed, nor by the Govern- ment of the Commonwealth of England, Scotland and Ireland, and the Dominions thereunto belong- ing, published by his Highness the Lord Protector, but are to be restrained from the exercise thereof; therefore all and every person or persons concerned in the law aforesaid are required to take notice." Then follows this delicious parody upon the law providing for religious toleration adopted ^yq years before : "Such as profess faith in God by Jesus Christ, though differing in judgment from the doctrine, worship and discipline publicly held forth, shall not be restrained from, but shall be protected in the profession of the faith and exercise of their 94 THE LORD 8 BALTIMORE AND religion, so they abuse not this liberty to the injury of others or the disturbance of the public peace on their part; provided that this liberty be not extended to popery or prelacy nor to such as under the profession of Christ hold forth and practise licentiousness." ^ This was religious liberty as the Puritans under- stood it. There should be abundance of liberty; but Roman Catholics and Episcopalians should have no part in it. By the same Assembly the former Act concerning Religion was repealed. When, in 1658, the government of the Province was restored to the Lord Proprietary, the Acts which had been passed by the Assembly since the overthrow of his authority, and to none of which his assent had been given, were treated as nullities ; and so the old law of 1649 revived. And eighteen^ years later, at an Assembly held in 1676, the first ^ one after the death of Cecilius, in order to clear up the records and give certainty as to what laws were in force in the Province, an Act was passed enumerating all previous laws which had been repealed, as well as all laws which remained in force. Among the latter is found the Act of 1649 concerning Religion. The Act of 1654 is not mentioned in either category. It was recognized only during the sway of the commissioners of Parliament.^ ^ Md. Archives: Proc. of Assembly, 1637/8-1664, p. 340. 2 Md. Archives: Proc. of Assembly, 1666-1676, p. 548. THE MARYLAND PALATINATE 95 Although somewhat anticipating the march of events, it may not be out of place to note what was the course of subsequent legislation in Maryland con- cerning religion. When upon the accession of William and Mary the authority of the Proprietary was again overthrown, and the rule of the Province placed in the hands of a Governor appointed by the Crown, legislation soon followed, prescribing, for the first time in Maryland, an established Church. In 1692 an Act for the service of Almighty God and the establishment of the Protestant religion was passed. It provided for the establishment of the Church of England; for the proper observance of the Lord's Day or Sunday (which in this Act is not designated as the Sabbath) ; ^ prohibited the sale of strong liquors on the Lord's Day, and then proceeded to provide for the division of counties into parishes, the choice of vestrymen and the building of churches or chapels. Last but not least a yearly tax of forty pounds of tobacco per poll was levied upon all the taxables of the parish, and the vestries were especially empowered to accept any gifts or bequests whether of money, goods, chattels, lands or tenements, whether for the use of the minister* or of the poor; any law, statute or usage to the contrary notwithstanding.^ It seemed to be difficult to get this legislation 1 As to use of the word Sabbath, see p. 78, supra. ^ 2 Md. Archives: Proc.of Assembly, 1684-1692, p. 425. Cf. conditions of plantation quoted on p. 48, supra. 96 THE LORDS BALTIMORE AND into an acceptable form; the Act was amended in 1695, and in 1696 an entirely new Act was passed by which the Acts of 1692 and 1695 were repealed, but with their principal provisions re-enacted in greater detail. The new law which was also entitled ^^An Act for the Service of Almighty God and the Establishment of the Protestant Religion within this Province," contained two curious features. It provided that the Book of Common Prayer of the Church of England should be used in every church or other place of public worship within the Province; and that his Majesty's subjects of this Province sliould enjoy all their rights and liberties according to the laws and statutes of the Kingdom of England in all matters and causes where the laws of this Province were silent.^ The first of these provisions naturally aroused the active opposition of the Roman Catholics, Quakers, and dissenters from the Church of England of every name; and the second was in point of law fatal to the Act, as it contained matter irrelevant to its purpose as set forth in the title. This Act therefore came to nought. In 1702, still another Act was passed of similar scope, but under the guiding hand of the Reverend Thomas Bray, who had been appointed Commissary of the Bishop of London, most of the blunders of the former Acts were avoided. By it toleration was given to Quakers and other Protestant ^ Md. Archives: Proc. of Assembly, 1693-1697, p. 426. THE MARYLAND PALATINATE 97 dissenters. This law with the exception of some minor amendments remained the law of the Province until the Revolution/ Its revenue feature, the tax of forty pounds of tobacco per poll upon all taxables for the support of a clergyman, and a Church, whether they were attached thereto or not, was a constant source of irritation and discontent. And the lives of numbers of the clergy inducted into livings or benefices in the Province were far from being such as to commend either them, their office, or their teaching. Religious toleration, though not to the mind of all the inhabitants, had become so deeply implanted in the policy of the Province, that, as a result of the wise action of its first Proprietary, and also as a result of the more liberal spirit of the eighteenth century, as compared with that of the seventeenth, it continued to prevail, in the sense at least of absence of persecution, though the guaranties of the law of 1Y02 in this respect fell far short of those contained in the Act of 1649 which it superseded. During the sway of the royal governors, the statutes of England in restriction of the open exercise of the Roman Catholic religion were deemed to be in force in Maryland, and certain disabilities were conse- quently imposed. Lawyers of that faith were for a time prohibited from practising in the courts ; Roman Catholics were by an Act of 1704 prohibited from instructing the young, and encouragement was given 1 Mereness, Maryland as a Proprietary Province, p. 439. 7 <)8 'ill I' I'Oitnn liAi/riMoiih: and for llic pLu'in^ of IIk; (;ln'l(]r(;ri of Itonuin C^itliolioH under ProlcHlMiil. Icinc.licTH ; cerlniii ininor jiniioyjUK^os wcrc! jiJso (x'cn.Mionully iiri[)(>H(Ml upon [x^fHonH jjIIjicIkhI to the Koiriiin ('jilliolic; fjiitli, }inl.'l) I>AI/n MOIfK. Till'; KoVAL (lOVKJtNOUS. CillAlilJ^S, llic Ihii-d I.onI linll iriion; jind / socond Proprifilnry of Mjirylaiid, Hucccodod to tlic lillc upon I lie dciilli of IiIh rsillicr, in Novornh(!r, U')7r>. It, irniy Ix' vv(dJ to nol(! llijii tlK^ro wore; })ui, six liiicons of liiill iinorc In I>urke'8 Kxtinci, Donndnl and AbcyanI I'c.crfujcs tlifre is a liHt, of scvc/n, jind to tlic lliiivl I Ik; n}iin(! of John is uH(triI)('>d. Tluit jx^rson is ;dl<)^(',t,li(!r inyt,lii(;aJ ; lie n(;v(T (existed. (Iiarhis was tli(; only Hon and licir of liis fjillicr', (\'cillns; wns repent (*d I y rc^forred to jih sneli ill his fjillier's lelters; iitid for roiirl(!om-«yoar8 Ixd'ore succeed i n«;' to I lie lillc ;iiid e.statCH Jictcd as (io\'enior, ;iiid represfMitat i\'e of liis fiillier in MaryJjind. Il will lience l»e seen llinl even «i;ene alo^ies tlint jire supported hy the jiiilliority of Hiirke, cannot, alwjiys he jicceptc^l iis infjillihiy true. Ah this ciirioiis error in resfx^ct to the so-c!illed John, ihird iJiiron of liiilliniore, Inis Ixicn often repciiled, ;iiid luis ev(;n found its wjiy into tlu; Dictionary of Na/ional liKxirnphy , it, may h(^ worth while to consider for }i nioiiieiil ils prohjilde ori^'in. 99 100 THE LORDS BALTIMORE AND The late Eeverend Dr. John Gr. Morris, in his paper entitled The Lords Baltimore, printed by the Maryland Historical Society in 1874, fell into the error of believing that there were seven Barons of Baltimore, although he refuted his own error by stating correctly that Charles, whom he calls the fourth Baron, became Governor of Maryland in 1661, and that upon the death, in 1675, of his father, Cecilius, who was the secojid Baron, succeeded to the title. These dates do not leave room for the intervention of a third Baron between the second and the one he erroneously described as fourth/ It is stated in Lodge's Peerage of Ireland,' that John, Lord Baltimore, was a member of the Irish Parliament of the fugitive King, James II., in 1689. In that same year Charles, the third Baron, who had succeeded to the title in 1675, was outlawed for high treason in Ireland, upon accusation of being in rebellion against the estab- lished government. He successfully represented, however, to King William, that he never was in Ireland in his life, and that at the very time when he was accused of being in rebellion in that country he was present in England, appearing before the King and Council on other business, and loyally paid his taxes for carrying on the war against James. Whereupon in January, 1693, the 1 Md. Hist. Soc: The Lords Baltimore, 1874, pp. 36 and note, 42 and note. 2 London, 1754; Vol. iv, p. 135. THE MARYLAND PALATINATE lo^ King issued his warrant for reversing the outlawry. But Lord Baltimore never appeared before the Court of King's Bench in Ireland to secure its reversal, and later in life, declaring Mmself to be then very infirm, and advised by his physicians that his health an-^. life would be imperilled by a journey to Ireland and back, he petitioned the English Parliament to pass a bill reversing the outlawry, pointing out the hardship of being out- lawed in a country where he had. never bcn.^ It seems to be a not unreasonable conclusion that Lord Baltimore, being an Irish Peer and a Roman Catholic, was in fact summoned to the Parliament of James, and being summoned, it was hastily con- cluded, even by the Judges of the King's Bench, that he responded to the summons and took his seat. But as it was clear that Charles, the successor of Cecilius, was neither in that Parliament nor in Ireland, an intervening Baron was apparently invented by the genealogists, — the one who figures in Burke's and Lodge's Peerages as John. The name ascribed to him may have resulted from an error of a copyist, or, in the summons itself, which presumably was intended to be issued for the actual Baron of Baltimore. But to return to the narrative of events : — Charles, upon his accession to the Proprietorship, continued to exercise the government in person. In 1676, the 1 Md, Hist. Soc, Coll. Calvert M88., Doc. 247. 102 ^^^ LORDS BALTIMORE AND year after his accession, he convened the Assembly for the purpose of revising the laws of the Province, and at this session an Act was passed which was practically a codification of the existing laws, as it enumerated all previous laws which remained in force. The same year Lord Baltimore went to England, having appointed his infant son, Cecilius, Governor, with Jesse Wharton, Deputy. The latter was apparently in ill health at the time of his appointment. He died shortly after, having first designated Thomas ]^otley as his successor in accord- ance with power and instructions given to him by Lord Baltimore before his departure. The troubles which the sec^ond Proprietary had to encounter in the administration of his Province were no less than those by which his father had been beset. He had scarcely left the Province before there arose a rebellion which threatened for a wdiile the complete overthrow of his power. The year before, in 1675, the Susquehannough Indians, whose hunting grounds were to the north of Maryland, and who had by treaties been taken to a certain extent under the protection of the Prov- ince, had become greatly reduced in power, and their numbers diminished, by the ravages of smallpox. At this time a fierce descent was made upon them by their ancient enemies, the warlike Senecas, and the Susquehannoughs fled in dismay across Maryland to the old camping grounds of the Pascataways, by the banks of the Potomac. Shortly after, several THE MARYLAND PALATINATE K)^ murders were committed by Indians on both sides of the Potomac. Of these the Susqnehannoughs were accused, and a number of them were killed in reprisals in Virginia. A force was raised, — of Virginians, commanded by Colonel John Washington, and of Marylanders, commanded by Major Thomas Truman, who was a member of the Council. A party of Indians was besieged in a blockliouse near the Potomac, in which they had taken refuge. They insisted that they were innocent of the murders, and fi\^e of their chiefs came to a parley, oifering to prove that, though numbers of their own people had been killed, the murders of the Avhite settlers had been committed not by theiti but by the Senecas. Their protestations failed to convince Colonel Washington, and it came about that these five men, who, though savages, had come as envoys on an errand of peace, were put to death with the consent and by the authority of Major Truman. For this act of treachery he was impeached by the Maryland Assembly, but escaped punishment by that body on account of a disagreement between the two houses as to the character of his crime. The lower house provided in the bill of attainder for his punishment upon conviction, by a pecuniary fine only, while the upper house (of which, as one of the Council, he was a member) insisted that that was no adequate punishment for so grave an offence ; that for murder, and a treacherous and atrocious murder at that, the 104 THE LORD 8 BALTIMORE AND penalty should be death, else the administration of justice would be brought into contempt. The lower house assigned as a reason for urging a light sentence, that there was evidence going to show that the killing of the envoys was insisted upon by the Virginians, and that it was done to prevent a niutiny among the soldiers. The upper house did not apparently regard the evidence upon these points as conclusive, and argued that even if true, they afforded no sufficient excuse for a horrible crime against the laws of God and of nations. In consequence of this disagreement the upper house refused to proceed with the trial upon the bill of attainder; but Truman was expelled from the Council.^ The event proved disastrous enough to Virginia. The infuriated Indians started southward, laying waste the plantations with fire and murder. Sir William Berkeley, the Governor of Virginia, refused to raise a force to resist the Indian marauders, declaring that the county authorities could deal with them in their respective bailiwicks. Mean- while the outrages went on unchecked, with daily murders of men, women and cliildren. The indigna- i Md. Archives: Proc. of Assembly, 1666-1676, p. 500. Lord Baltimore appears to have used his prerogative to impose a more adequate punishment, in spite of the failure of the Assembly to act. See p. 108 infra. It is interesting to note that in the seventeenth century the colonists of Maryland deemed savages entitled to the protection of the laws of nations. THE MARYLAND PALATINATE ^05 tion against the Governor was intense, and in view of the mutinous spirit of the people he probably did not dare to raise a military force, lest, after quelling the Indians, it should folloAv the example set in England twenty-five years before and turn its attention to the overthrow of the government. Affairs were in this condition when the overseer on a plantation belonging to I^athaniel Bacon was murdered. Bacon was not one to sit idly by. He offered to go against the Indians, and demanded a commission from the Governor ; which being refused, he raised a force and proceeded to make war upon the Indians upon his own account. He w^as success- ful in defeating the Indians, and was rewarded by being proclaimed a rebel by Governor Berkeley. This was the beginning of what is known as Bacon's rebellion, which filled Virginia with violence for several months. The spirit of unrest is contagious, and since the intervention of the commissioners of Parliament, during the time of the Commonwealth, there had been a plenty of restless spirits in ^Eary- land. That there were some grounds of complaint is probably true — ^but they were greatly exaggerated, and the embers of discontent were being continually fanned by those who were in chronic hostility to any authority, unless they could wield it themselves. The situation was this. The Assembly then consisted of two houses. The upper house was composed of the members of the Council, all of Avhom were appointed by the Lord Proprietary, 106 - THE LORDS BALTIMORE AND and its devotion to his interests conld be counted upon. It did not represent a class or estate, like the House of Lords, and therefore was looked upon with the greater jealousy. But the lower house, representative of the freemen, had finally become persuaded that it was a House of Commons, and its members knew what a House of Commons had done/ in England. Disagreements between the two houses were inevitable. In 1669 they had become so violent that, at the next election, Charles Calvert,^ who was then Governor, probably acting by direction^' of his father, Cecilius, exercised the discretion given to the Proprietary as to the manner of summoning the delegates, by restricting the suffrage, — limiting the franchise to freemen owning at least fifty acres of land or personal property to the value of £40. In tliis he followed an example that had been sec by Governor Berkeley in Virginia. A more tractable house having thus been secured, it was perpetuated for several years, and the risk of another election avoided, by successive adjournments from year to year. The Proprietary discovered that there couhl be such a thing as a Long Assembly as well as a Long Parliament. The Protestants now formed a large majority of the population. Charles, Lord Baltimore, declared that the Roman C^atholics and the adherents of the Church of England together, formed less than a fourth of the whole number, and that the latter outnumbered the former. The Council, however, THE MARYLAND PALATINATE IQ^J and therefore the upper house, was largely com- ■ posed of kinsmen of the Lord Proprietary, and of Roman Catholics, who were thus accorded a weight in the government entirely out of proportion to their numbers. But the chief real grievance of the Protestants appears to have been that the appointments to lucrative office did not seem to come their way; and it is true that the lower house as then constituted, with a restricted suffrage, liad ceased to be fully representative of the freemen. There were, hoAvever, not only certain real grounds of discontent ; the imaginary ones were much more potent. In England the shameful foreign policy of Charles II. kept up a constant suspicion and dread 'of a ''Popish Plot," and the feeling in the mother country found its echo in America. In 1676, there appeared a curious document called a Complaint ; from Heaven with a Hue and Cry, and a petition \ out of Virginia and Maryland. It was addressed to King Charles II. and his Parliament, but endorsed 'Tor the Right Honorable the Lord Mayor and Aldermen with the Honorable Citizens and Mer- chants in London." A copy of it, preserved among the colonial papers in the Public Record Office in London, has been reprinted in the Maryland Archives.^ This document is quite lengthy and is couched in language somewhat similar to that in ^ Md. Archives: Proc. of Council, 1667/8, p. 134 et seq. In the extracts given in the text, modern spelling has been adopted, as that of the original is rather lawless. 108 THE LORDS BALTIMORE AND which Master Dogberry's charge to the watch at Messina was framed. It enumerates a number of grievances, such as the manner in which elections were conducted, the rate of taxation and other things, and mentions incidentally that although the Assembly cleared Major Truman for allowing the Indian peace* envoys to be killed, (which was not true,) Gover- nor Baltimore, '^to cloak his policy," arbitrarily condemned him in a fine of 10,000 lbs. of tobacco and imprisonment during his pleasure.^ The petitioners seemed to think that instead of being punished for treacherously murderins; five Indians he should have been held responsible for allowing any to escape. It was complained that ''the Proprietary with his familiars holds forth that he is an absolute prince in Maryland, with as absolute prerogative, royal right and power, as our gracious Sovereign in England, and according to that they set their compass to steer by and govern by." "The grandees about St. Mary's" came in for their share of attention, and Lord Baltimore was accused of having a custom of exchanging the King's Majesty's subjects for fur. The particular gem of this com- position appears, however, when religious subjects come to be touched upon. This is a sample: "As yet we must be E^icodemuses or else the inquisition will make some say black is white and therefore break off with a discovery of our priests 1 See p. 104 supra, note. THE MARYLAND PALATINATE iqq and Jesuits in Maryland, which wander up and down in England apparelled as tradesmen and some otherwise, and so are sent over, but as soon as they come out from the ships surefooted appear in their plus ultra in their chapels. These black spirits disperse themselves all over the country in America, and as is saith, have £5 sterling for every turn coat they convert, good reason they make all the haste they can to set the Protestants at odds, to propagate the Pope's interest and supremacy in America; but will not this in time overturn the Protestants ? for it is decreed to bring them first into a confusion and ruinated nothing, and then out of the ashes the Pope shall spring aloft, and my Lord Baltimore will be canonized at Rome.'' Canonization as a reward for his efforts in the administration of his Province was probably far beyond Lord Baltimore's fondest dreams ; and the alleged plan of stimulating the zeal of missionaries, as though they were travelling salesmen, by paying a handsome commission upon conversions, reckoned per poll (or per soul,) is a businesslike arrangement, the possibilities of which are probably as completely overlooked by modern missionary societies as they were in the days of the apostles. The remedies proposed for all the terrible evils set forth in this petition were chiefly : — That the government should be assumed directly by the Crown. That a royal governor be appointed, and the no THE JJJJCJJH JJAJ/nMOliJ'J AND Lord Pr()j)i-i('t;n'y Ix; reduced Jo the rank of land- lord only. 'I'lial Protestant rriinisters and free Hehools und ii;\v,\H' Jaiids Ix' (-rcA'tai] jiikI established in every county, noLtvilhshiudiiuj lihci-/// of coriscicnce, and nijiintnined by tlui people. And, in(Md(^ntally, that six or sev(;n hundred *»' to hi"in«^- I heir complaints before the Assembly. This they r(vtus(Ml to (h), denying- that the Assembly wjis a lawful one. A])parently ener^'ctic measures for the restoration (d* orch^r promptly f(dlow(Ml ; for 1'lionias Notley, the l)(^puly Governor, in writing to LoTd Baltimore an aeconnt of the matter, briefly stated THE. MARYLAND PALATINATE m that ^'since Davis and Pate were hanged, the rout hath been much amazed and appalled, but, God be thanked, we now enjoy peace among ourselves, though never a body was more replete with malig- nancy than our people were about August last." ^ Governor Notley attributed the; collapse of this revolt in Maryland not only to the execution of the leaders, but also to the moral effect of the termination of the rebellion in Virginia, wliicli followed promptly upon the deatli of its leader, Bacon, fi-oni mMJarial fever. There soon loomed upon the horizon oi' Mary- land an event which involved a more serious menace to the Province than aught that had previously befallen, — one which was to give rise to disputes and controversies extending over more than half a century. In 1681,/ Charles II. made a grant of a large territory lying to the north of Maryland, and to which the name of Pennsylvania was given, to William Penn. Charles was indebted to the estate of Penn's father. Admiral Penn, in a matter of £16,000, and this grant of land, made in settlement of that debt, was no doubt very satisfactory to both parties. Charles paid a large debt with that which cost him nothing, and Penn obtained an immensely valuable province in exchange for a desperate claim. The northern limit of Maryland, it must be rernem- 1 Md. Archives: Proc. of Council, 1667-1687/8, p. 15.3. II / 77//'/ hinthii iiM/riMintN and iMTcrl, WMM pliM'-od l)y ill*', i'.\\i\vU'.v ill, ill*-, rorljc-lli ilcpri'v. of hoilli liilJlu«l<\ A C/Opy of IIk', |M'!' ii r.iirl.niti I'mi'I Ml' MMrl.liouMc. wlii'-li Mill MnryliiiKlcni Inid Imili I for I lie SiiH(|U('liiiiiiinii^di liMliiiiiH, jiimI wilJiin llin iiMil Imiii l»(»iiii(lMry mI' Miii'vIiiimI. Willi IIiIm com iliUMii rciiii «'\|(I'<'Mmii WiiM iiiimIo of l.lie HiiM(|iinlintiiioii^;li fori, hy wliidi Loi'il Hull iiiini'n'H lioiiiidiiry VVIIH iih'eiidy iimrkcd. rniii ii|i|>niiihM| liJH kiiiMiiiiiii, Williniii MtifklMitiiy' iiH llin di'|)iilv ill AiiH'i'icii, mid ^'iive liim n li^M,(U' Im L<*|'d I '»illl illlMl'c, r'lilil iii ||i|||/; miiimmIIi cxpn^HHiotiH of IVii'lldMllip, illid III wllii'll lie. (iXjM'dMHnd Mil (uirneHl. dcMire to ('(Mill' lo MM ii/^;i'('iwiieiil. iihoiil IIm' lociilion Jo(:il ('Oiinly. In lliin liiMi^r, T^nn iiy nny oi'dur or Ijiw of Miiryliind, iiti il. vvonM Im ^rdiilly lo linir own vvron^*; jiit vvrll mm liiit projinlicn. I In iImii iniuu'JM il Miihlli', llimil. of Imm powni* wilJi liJM Hii|inrioi'M in I'lnpiiind, wlii(',|i would <'iiiiMn liini lo Wfuil.lici' llic dillir.iilly in (wiMo (d' lion ('oni|dinn(M^ on iJicii' |Mii'l. Il(^ nddn Mm jhoiim liopn Mml, "wo hIiiiII nil do iIk- lliiii^ iJnil, Ih JiihI, ;iiid Iioik^hI/' wilJi iJin prno l,i(uil ndl«M'(,ion (Jiiil, il, "in iilwnyM wino" mo lo do.* TliiM (dVorl, lo Hl.ii' ii|* donl)lM in llic, mindK of Loi'ii Hiillj'inoi'o'H li^niinl.M iih lo iJin viilidily of llirir IjI.N^m liiivinp; honn niiid(^, Miirldiiiin in'ocrcdcd lo nnikn moiiio iiMl.ronoinitMil ol»Mni'vnl.ioiiM ; niid mooii diK(tov(?nid iJiiil, Now HjimII*', wiim l,wr,nl,y niilcM t'.oiilJi (d l.lio forlidli d(^^i'<''0 ol iiorlJi liilihido, mid iJinl, iJinnd'onr, llio norl,lM',rn liniil, of ii ciiwdo wil-li n nidiim of l,W(dvo iniliiM nl»oiil, lluil, |d»irn, IVoni wlii'di I'oiin'n Moiillir-fn l»oundnry wiih lo run, would fnll «'i;'|if iniN',! ' TIlU li'lIlT Wllt^ |(Miiii|illy '.< Ill liy llir loyiil llrilliiiiM I'l LokI I'.iiII Wnoi'p, 'I'Im* ot'l^iniil )r^ now in IIm^ poMMUMMtoti of Mmi Mio.yliOKl llhloiiciil Horli'ly, II. vvim (iiiI»I)wIm'(| Im (liiintirt I'lipitn, No. I, |i, WA, (opji'lliiT wllli ttoMi« iillmi f'liiiiui'.lci'iMl In Ifllf I.'. llOIII I'l'IIO, I I I 77//'; l.(Hth^ TlAT/nMORhl AND HoiilJi of L(u-(| |>al( iiiiord'H iiorllicni hoiiiMhiry. 'i'liis fact Imviii^ boon dlHcovonMl, Mnrklmm l(»()k ovovy iiM'.iiiM <»r jivoidin*.' ;i iM(U!l,iri^ vvilJi L (lol-cniiiiic. A poHl poiiciiieiil, ()iiil 1141'til , il, w.'iH only l<> iiiid Mnrldniiii :il)Meiil, ill New York or eiwiwluin^ l^'imilly, wlieii lie vviiH MiirpriMe(| iiilo :iii liil, W(U'e wnilin^ for liiiii, liiul depnrl.ed, il, vvjih IoiiihI IIijiI, Home of lJi(i ^1iihh(^8 luid Ixuni inyHl.(U'iouHly removed Ironi liis jiHl-ronomicnl iiiHl riimeiil. Anol.lier iiiHlriiiiKMil, wjih, liowcivor, pro- ('iire<|, :ind ||ie fjiel,, wliieli Mnrklunn luid proviou.sly iiHccirlnirmd jih to l.lie loeniion of IIk^ forUc^lJi piirnlKd, wiiH (pii(rkly (^HinbliHlied. Mnrkluim llien hecnino jirro/^nnt, nnd nHkod if il wuro |)ropoHod to limit tlio roynl Jiutliority.* 1 Md. ArohUws'. Proa, of Oounml, 1(1(57 I(;h7/H, pp. :{77, .'178. Al. Mum confomicd y<)rH (lippiintly mill inovonuiMy iciiiiirkcd (hat if ilio Kiiif^ could inako a radius of !',', iniicH from I. lie ccmIk' of New CnHlIr, rslciKJ i*,() iiiilcH fo I, lie KUli (l<'r/i<'(i of noilh lnlilud<\ "luH MajoHly iiniH(, liavo long I'o (IiIh MiirUliani n^pliod, with booorning dijifiiify, (,liat "lio hoped (hey wouhl not liinii. hiH Maji>H(.y'n cofnpnHHrH." Mil. Arvhiiuim l*roc. of Oounoil, I(Ml7-I(W7/8, p. i;n. 77/ N M A It, YI,A NI) /M TjA TIN A TIC \ \ 5 It, ;i[>|M';n-.M iJiiil, IN'iin had [K'.i-hii;i(I«mI liiiriHCilt :iii look .•iflcr Iuh iiiUwcMlH, niid li;rd HC,V(!nil coiircfctircH vvilJi l.ord l>;d(,imoni, nl, vvliicJi HojfKi (!xl,rjior;ill,iiiir)r(', would \\',\.uu\ a *'g(?rill«'iii;iii'H price," per inilcj ;il, wlii(rli ho would Holl \\\(\ Uu'rilory iicccsHMry lo «.';iv(! I Nam nii oiilN;!, on IJh! I>;iy, if IIk; ohHorvnl-iouH Hliould hIiow IIuiI, il, hiy Huulli of Ili(; liniilH of liiH ^rjiiiL And ho IJm; roil ground of conl.onl.ion wjih r<',vo;iK'd. IVain wan d(; UirrnirKid uf)on poHHCinnion of lJi<- li<;id of I.Ik! (/'li(5Ha- pf!}i.l<(5. \^ IiIh cJiarUir did nol, ^ivo il, l,o liiin, Ik; would luivo il, Horno oilier w;iy. M<'ji,nwliil(! Iio JidinoniHlicd Lord Hjiil-inion! of iJio (•,xp(!di(',ncy of f)rud(!n(r(?, and of liiH dul.y 1,0 liin I'rinco, witfi wlioni P(!nn cJairruid, jind in fsicl, f>OHHf',HH(!d, gntnl, influcjKU!. Ah oruj rnoarifl of Hlirinking ilio f)ro[)orl,ionH of Maryland, T^oTin fluggfjfliod, — and lio wjih forlifiod willi ji. IoM/u* fr-orri iJio King iif)ori llio Huhjc-.l^ llml, In ordor to 116 THE LORDS BALTIMORE AND determine liis northern boundary, Lord Baltimore should begin at the extreme southern boundary of Maryland and measure two degrees northward, allowing but sixty miles to the degree. Penn thought that by short measure Maryland's north boundary could be moved far enough south to suit his purpose. Baltimore rejected this round- about method of ascertaining the location of the fortieth degree, and declined to accept a letter from the King as modifying the plain terms of his charter passed under the great seal. He bluntly said the King had been misinformed. Penn then made the extraordinary proposition that Baltimore should surrender to him the strip of land which he coveted on the north of Mary- land, and compensate himself by moving his southern boundary on the eastern shore, thirty miles to the southward, seizing upon the inter- vening territory which belonged to Virginia. This proposition Lord Baltimore also rejected; but the suggestion sadly shows how vain was the hope Penn had expressed in his letter to Herrman and others, that "we shall all do the thing that is just and honest." ^ In order to make sure of a port and harbor with access to the high seas, Penn had procured from his friend, the Duke of York, afterwards ^Md. Archives: Proo. of Council, 1667-1687/8, pp. 379, 382, Y 397, It is curious to note that the reports of these conferences v^were taken down in short hand, p. 380. THE MARYLAND PALATINATE n^ James II., — to whom his brother, King Charles II., had made a grant of 'New Amsterdam, the name of which was now changed to New York, and all of which lay to the east of the Delaware, — a deed for certain land upon the west side of that river, includ- ing nearly the whole of what is now the State of Delaware. All of this land lay within the tract com- prised in Baltimore's charter, and the Duke of York had not a shadow of title to any of it; but a trifling defect like this did not trouble the conscience of either the grantor or grantee. Hence a new cause ; of dispute arose. The settlement of the contest over the boundary was not reached until many years after, when the original disputants had long been dead. Its further history belongs to the time of the grandson and great-grandson of Charles, the third Lord Baltimore. It only remains now to say that in 1684, the latter found it necessary again to return to England to counteract Penn's machinations at the Court, and before the Council, to work his ruin. After the accession of James to the throne, Penn, confident of the power of his influence with his superiors, at which lie was fond of hinting, instigated Quo warranto proceedings on the part of the Crown, with a view of clearing the ground, so to speak, for his own schemes, by securing the revocation or annulling of the Maryland charter itself. With his complaisant and unscrupulous patron on the throne of England there is little doubt as to what the IJtt ''""^ hifium nAl/riMOUl'} ANJ) oiit(!(iinn would lmv(5 Ix-cu ; lnH, Ixifon', n diutnu^ coiiM Im', <»l)l,HiiM',(|, (lie, Mij^Hi'hIi |)<;o|)|(i IdmI (l(5iriiui(|i',(| wilfi iio unrorhiiii voi(t(i hy vvliiil- wnrruul, .InirutH II. <;on (iimnd 1,0 Hi'l, iipoii iIki tlirorw? wl»il.i\\,\y n^jiiinid in P'/ii^dimd, it, WJIH no Ic-hh lunuliul in Mjiryljind. Upon Im'h \' Loi-(| lijiIlinioro'H c-ouHin, Sir Willijiin TiiIIm)!, wjih niinM'(l iiH lirnl., or Tn-Hidnnl,. 'rall)ol, luid Immwi Siirv(!yor (iiWMinil of llin I'rovinc-o, n niiutihor of tlio ( Joiincil, and WJIH II. /niilniiH friend (d' iJio I'roprinljiry ; but IIH llid HiMjiiid hIkjwh llin diHcrclion wjih nol. Ilia /ejil. Min'li I'riclion luid Ihwii cjiiiHod l»y iIm^ holmvior ol IIm^ prinliiry ^'ovoriiinciil lonk no jid<'(|iiJili; MmiiiiH to HiipprnHM Tlnil, llicrc^ wjih Hinii/^-^lin^ iH nn <|(>iii>|, Iriio, litil llic, L<»rd rrnprinliiry'H nw(iiiHMiH iniliirnlly iii'ohi^ iiikI upon llio mprcHciilnl ioiiH <»l" llic r(y, n <',ollc,r|,«)i* ol* llic r<»ynl <'IihI,oiiih, (MiroiiHin^ wIlJi iJui rnplniii, Koiinhy n|)|K',nfH lo luivo Ixu'-ri nti nrTo^nml, iiini;iii, iiiwi IiIh lii/'li li;in;ill i iiiori'. Tiilltol/iH own U'W\\H'M\\\\i:n\, wiiH HiillicJfnUy y, killing'; liini inHlnnlly. Ah Moon hh (JiIh whh known, n wnrninl- for liin ;irr<'Ml on llio clnir/.'c of iniir«l<'.r whh iHHinirl ; Inil, (lie <-;i|»(;iin <») iIm- v<';',hoI, wIi<» Ii;i'I ^ llM/riMOUN AND TIm! (iX|)n;HHl<>ii III 1, 1x1 lottor tfiat this act would tend ''l<> l,li() \£^v{\\\iv.v ^lory of (iod," Uioh(5 wordn — • or rnllni' IIkmi* \ai\'\\\ (ujiiivnlcnl,, Ad ttiajorc/ni Del (jlor'uun, Ix'iii^' (lie- iiiolio of llic, Sociitly of »I(5HIIH, hii^'^chIh IIki [)n)l»;d)ilil,y llml, iJui wriUir w;ih oik! of iU incinhcrM or diHc,i|)l(!H, wlioH(i Hyiii|);il liicH would nntiirnlly l)o willi Ifio (ixilcd kiii^-. In iiddilioii io llic cluir^ciH hroii^lil, ji^'jiIuhI, lilin in roln,l,ioii (,o \.\\(\ ciihIokih i'(5V(;rni(;H, I.ofd l>;ill,i- rnoro liiid hccii wvx'mhvA of \v{\',\\'\\\^ \\\v, I*ro(,(!Hl,}nil,n iiiifjiirly; mid now (lio linn' (o hI rikc wjih ripe. A nmior vv;ih Hinrlcid iJml, I lie iroimiii ( /iilJioJicH liiid ('iil('i-c(| irilo ;i conHpinicy vvilli llio Indijuis l<> miirdri- ;il| iJic, I'rolcHhinlH in llio Trovincc, iind llnil. hir/^o hodicH hIow, jind il, Look lini(^ for poHi- livc iiilornnilion lo ix', ol)hiinc(|. 1 1, vvmh r(?|)oi'l(M| ill, llio lower HeM Ic-rncnlH llinl, nmHHJici'cH wen; ])oin^' |>oni;iii ( !;ilJiolic, ;irid llicn ;i 1 'rolcHl.iinl ; onc-o a (;l<5r^yin;in, ;ind now ji hiiiliiiil, ;in2 ^'^^^' I^ORDB BALTIMORE AND of ilic scat of govern lutiiit, plciuiiiig aiicicjiil, UHUge, and pointing out how tlic valno of property at that place would be destroyed and tliernselves ruined by Hneh action; but all the associations with St. Mary's were connected with I lie Proprlcjtary government, and for such associations, those now in authority entertained no sentiment. 'J'Jie address was referred to the lower house, and by that body the petition of St. Mary's was rejected in terms of contempt and hi-iital insolence. The language of the Assembly's reply marks a distinct fall from the amenities which had prevailed under the sway of the Proprietaries, when, wliatever differences and animosities may at times have arisen, in mutual intercourse, the forms of courtesy were ordinarily observed. Sir Lionel Copley died in IGDti, and Francis Nicholson, who had been commissioned Lieutenant- Governor, was absent in England. Sir Edmund Andros, who was then serving as Governor of Virginiji, tliereupon assumed the Governorsliip of MaryJand, ch-i lining autliority under a commissioti jiiithorizing him lo do so in the event of Nicholson's death. Nicholson was not dead, l)iil liberal inter- pretation of his powers was not unusual with Sir .l^diiiiiiid. The Assembly, li(>w('V('i', objccUMl lo this ante niortc/rii administi'ntion of the office of a living man, and Sir J^]dniund retired, leaving the govern- iii(!nt to be administered by the President of the Council until Nicholson's arrival. THE MARYLAND PALATINATE ^^^ As illustrating the character of one of the principal leaders in the movement which led to what has been called the Maryland revolution, it may be mentioned that the ex-priest Coode, the chief agitator at that time, was returned as a member of the Assembly of 1696; but Governor Nicholson, knowing him to be a chronic promoter of sedition, and that he had boasted ^'that he had pulled down one government and couU pull down another,'' refused to administer the oath, basing his refusal upon the ground that he was in holy orders and therefore ineligible ; ^^once a priest, always a priest," the Governor maintained. This worthy was shortly afterwards indicted for blas- phemy, among other charges, and fled to Virginia. The royal governors appear to have been, for the most part, judicious men, who sought to discharge the duties of their ofiice faithfully. Of Sir Lionel Copley, and the brief episode of Sir Edmund Andros, men- tion has already been made. Francis Nicholson had had experience in colonial government, both in New York and Virginia. He was a man of force and statesmanlike views, and conducted his adminis- tration with ability. His vanity, however, was inordinate, his temper was irascible, and his private life appears not to have been above reproach. He was an earnest supporter of the royal authority and active in promoting the cause of the established Church. His chief claim to consideration is, per- haps, due to the fact that he zealously advocated the cause of education and sought earnestly to secure 134 '^^^ LORDS BALTIMORE AND the establisliment of a college in Maryland. He had secured the foundation of William and Mary College in Virginia, and his efforts in Maryland resulted, in 1696, in the establishment of King William School at Annapolis, to the support of which he was himself a generous contributor. He was succeeded in 1698 by IN^athaniel Black- istone, who retired in 1701, on account of enfeebled health. It is an indication of the esteem in which he was held in the colony that, upon his departure for England, he was requested by the Assembly to act as its agent, to look after the interests of the Province with Crown and Parliament. The next royal governor was John Seymour, who was appointed in 1704, the office having been, mean- while, administered by Thomas Tench, President of the Council. That Seymour was a stanch, or rather a strenuous Protestant, is shown by the char- acter of an harangue^ he made on September 11th, 1704, to two Poman Catholic priests brought before him on the charge of saying Mass in public. In this truculent screed he uttered several direful threats, and closed by admonishing them that he was an ''English Protestant gentleman, and could never equivocate." In 1708, Governor Seymour came into collision with the Assembly. He had sought to have Annapolis incorporated as a city, but failing in his efforts with the Assembly, he granted a muni- 1 Printed in Scharf s History of Maryland, Vol. i., p. 368. TBE MARYLAND PALATINATE ^35 cipal charter himself. The Assembly was at once upon enquiry. The Lords Proprietary had power under the charter of Maryland to erect towns, citieSj establish ports, etc., but did a royal governor have similar authority ? The Assembly demanded to see the Governor's commission; whereupon it was discovered that he had exceeded his authority. After some bickering the charter of Annapolis was finally granted by the Assembly. In 1709, Governor Seymour died, and the Govern- orship then devolved upon Edward Lloyd, President of the Council, and so remained until the appoint- ment of John Hart, the last of the royal governors, in 1714, one year before the restoration of the Pro- prietary government. The period of the royal governors witnessed a marked change in the constitutional character of the government of the Province. The lower house of the Assembly acquired larger powers as a co- ordinate branch of the legislative body, and sought continually to extend those powers. It called in question the powers of the governors, as in the case of Governor Seymour's attempt to grant a charter to Annapolis, and held them to the letter of their commissions. The proceedings of the Assembly at times may seem much like those of a college debating society; but it was the school in which the assertion of liberty found expression, and wherein was obtained the training which, two generations later, showed the freemen of the American colonies 136 '^^^ LORDS BALTIMORE AND qualified to take their part as the legislators of an infant nation. The various grievances alleged by the Associators in 1689, in the petition to the King, inviting him to assume the government of the Province, have already been noted. The petition served its purpose. But, it is worthy of note that, in 1701, when a bill was introduced in Parliament looking to the destruction of the charters of Massachusettts, I^evv Hampshire, Rhode Island, Connecticut, East and West Jersey, Pennsylvania, Maryland and the Bahama Islands, and their conversion into royal governments, a letter was addressed by the Lords Commissioners of Trade to the government of Maryland, enquiring particularly as to ''the ill- conduct of Proprietary governments, especially of Maryland when under that government.'' Now was the chance to substantiate the complaints of 1689. The letter was laid before the Council, which was no longer composed of appointees of the Proprietary. The members were able to think of but five grievances : — these were, that there had been no oath of allegiance to tlie Crown required, but only the oaths of office? and fidelity to the Proprie- tary, (which was in accordance with the charter) ; that the laws of the Province were not transmitted to the King for allowance, (which was also strictly in conformity with the charter) ; that there were no appeals to England from the decisions of the courts, and that the judgment of the upper house THE MARYLAND PALATINATE ^^37 was final in all causes, (also charter rights) ; that two collectors of customs had been murdered in the execution of their office, (which was not true,) tliougli they added that this was not chargeable against tlic government ; and, finally, that the tonnage charge of 14d. per ton as port duty belonged to the Province, (in respect to which the Privy Council had, nine years before, after examination of the subject, decided otherwise). Not one single charge of tyranny, oppression, abuse of power, or official misconduct, was laid against the Proprietary or the Proprietary government as such, now when the opportunity for complaint was given, and ii report upon the subject was not only encouraged but especially demanded by the Crown. i.K(ri'iiiM<; V. I i ION Ml HOT IjOONAIM*. Koilinil l/Olfh I > A I /ll MOIMC ( >IIAIM,I<;H, T'iI'TII LniM> l>A l.riMolM*;. jruiCDiown'K , Si V I'll I/\V(ivrr, i'av n fnVV VVcnkM only, iiH lllH nvVM • l<;il li roll«)\v(',(| on April M.li, of IImi hiiiim^ ytMW ( 17 I T* i. I H'lKHJic^l, L(M)iiiir<| IiikI, ill I7l!t, piiMidy rniioiiiiccd llir Jiolllllll ('llllinlir liiilli ;iii<| ]||lii('li('(| liiinHcIf Io iJin ( 'linirli of |*)ii|[^'lnM(l. 'I'Ik- i niiiirri('liir_v ptscniiiirnl in M iiry hind. 'I'lir (dd Lord lliill iiiiorr nDinifcMh-d liin diHplniiHIIl'O hv w'il lidniwiii^' nil jillowiinrc of l.l.'>0 vcnrly wliii^li lir lind tiiiidc Io Imh mom, iitid IIm^ hillcr wiih coiiHii <|ii|>licr jL'.'KMI (liiriii;'' IiIm liilliri-'M lirchnif, iiimI III. Ihm itiMliilict^ ii |)|M>i iilcy llic ;miiioiiii(M! Ilirlil of ImM di;illl. 'I Ihtc i;; I ln',nd'or«' no \•^'^•^)\•^\ oj ncJH ol' liiH JIM I'i'opricHury. Ill I (IS I wIkii III' wjiM Ji «'lii Id, ii<»l iiiMrc I li;iii ji\'c or nix yj'iirH |>uiiil('d l»y Imm j'nliicr liliiliir (Jovi'i'iior of Miiryjiind, .' ill wliii'li llic ci rciiiii;-,| iiiM'c in iik-iiI mncd, lli;il llic Voiin^' ^('iil Icninii li;id iml vcl ciil In- lc|)|(' Ix^iiiir iiivjidcul as th(;y litid been by the Sluarls. Diviiui right, or any right to the throne, ot h(M* lliaii tliat whieh is (Icrivcd from the Act of Par- liament, was swept away. The Maryland colonists W(u*(^ not slow to see tliat if nnder the charter of Maryland I hey wi^re enlilh'd lo all tiie liberties and franc^hises yal government llu; ])opulation of JMaryhind hiil)vi()us IocmI jil)[)licjiti()ii, ioiiiid ('xpr(3ssi()ii in a r(;soliition of llie lower house of Assembly extending to Maj'yland the operation of an Kn^lisli statute;, contrary to tin; dec'ision of the Provincial (Joui'l upon the; snl)j(Hii,. This ac'tion was dissc^nted from l)y tlie nppci' house and disallowed hv llic ( Jovernor ; hut il mai'ks the inci'casin^' tendency to i^Tiore th(; si i'i<'t provisi(His of the chactci' and fall hack upon I he law of Kngland, ji natural result (»1" a (piarter of a century of royal domination. 'V\\v most im|)ortant suhjcic^t of int(!n;sl, at tJiis period, as airectin«»' not, only tiie rights . of the Lord l*roj)rietary, hut the interests of the Province itself, and those (d" the l"ut,ure State; which was I0 arise npoii the final termination of the I*i'ovincial govcuMiiiieiit, was the l)ounaltimore, to surrender a portion of Maryland so as t,o enable the foianer to gain a broad strip of fertile land, togethei- with an outlet to mivigable water at the head of t;he Chesapeake 77//'; LOlihH llM/riM(UU'! AN If lijiy, iiii'l of llic |M'rsisl('iil, i-cfiiK:!! <»!' IN-iiii ;iii(l IiIh Ji^(nil.H In join ill iiii ;isl roii<»iiii<';il (Iclcniiiniil inn (»f (he (riic. location <>! I lie lH>iiiil. TIk^ ^tjiiiI I«> I'ciin ol I )('lnwjin^, or l.iio I lire*' lo\V(U* <'(>iinl icH, iih liic r(';j;ion on llm woHt hIioi'c of llic hclnwjirc I)!iy \v;is <';ill('(|, vvjiM iiumIo \)y \\\i' I)iiko of ^'o|•k, wlm liiinscir li:i|»;ircnl In llic lliroiic, Jilllioii^ii llic cnlirc I i*;icl. wmh inclinh'd in Lord I>;ill iinoi'c'M ori^inii! pMlcnl, rroni (MnirlcH I. Tiic (jn(\Mlioii WJIH rcfcrrc*! nl IN-nn'M inshiiK'c lo llic Lordn of TriKlc. 'Tlic ;j,riiiil(»r Imd Ihcn lM'C(»inc K'iiiL!,', .'ind Lord I l;dl iniorc's cIijiik'cm of siicccsH were <'vcn IcHH lliiin iKd'orc. In llic i»rc;iiiil)lc |() llic cliiirlcr oi' M;ii-yliind il WJIH dc('liirc(I Ili;il, llic |)iii*|)(>Hc wmh Io (^H^lll)liHll :in l;ii-| (.f ;i condi lion of Lord li.-ill inion^'H (dm.ri(;r, excluded IVom i|s openilion jiny l:iiidH oc('iii)ic(l ])y (dvili/ed colonisls, :"|;ii'l <>rili(' iiilciilioii of (JliiirlcH I., who ('l;iiiii('(| foi- \\\('. liriliHli ( !i-<)vvii IIki (ioritinont of Nordi AirKU'ic.ii hy virliic, <»(' (/iihol's diHCOVoricH, lo iricliidr ill IIk! ^raiil, U> \a>V(\ lialUiiiorc; a pro- viHiOii lor ro,s|>oc,l iii^' or coiiliniiiii/i," I Ik; lilKi of Dutch HclllcrH ill iiiiy |);irl, of l,lii,s (loiiuiiii. TIk! Hiil)H(M|U(iri(; ^rsml, hy ('linrlcH II. of Now AtiiHlonlMiii (<> l,lio l)iil<(5 <»r V'ork dourly hIiowh lJi;ii no sih'Ii purposes or iiilc^n lion \v;iH r(5(;()^Mi/(Ml. Ah ji, iiuiUcr of fiicl,, ;i,l, 1,li(i tiiiio llic cliiirlcr of Miiryhiiid wjih ^raiiUMl Uujrn W(5ro no Hiic.li Hol.l l(!iii(!nl,H upon IIh; wohI hIiohj of \\\() Dciljiwnro l>}iy. 'riicrf^ lijul l)(',\ Mnryhiii'l IimH)»ri<'((M'y /y^ov<'rn tll«n(- il, WHM rrwivt^l, llir I w.i lo llic iociilioii <*l llic lMMiiii 11^: !<» wlio wjiH (Im*, ImwIH) l'ro|»i'J(\ Lord Hnll iiiioi'tt. ||< IhuIi n Mv ;i |)o;Hc of M ji ry Ininh^'H. An(' made in I lie (hVjMiled hniloiy nnlil iIm* local ion ol llie hoiiiidary .sliould lie Hxfid. » Md. IliHl. Hoc, iloU. (JaLourl MHH., Umn. Wli), .'J2i. '^'V\\f. iUi\i*nmYH lii Miirylnml nflcr \\u^ ri^Hloniiioii of Ww. l*ro))iJ;j lo 1700; imkI I(oI»i-iI K lo 1770. 152 ^-^^ LORDS BALTIMORE AND On Maj lOth, 1732, Charles, Lord Baltimore, entered into an agreement with John, Thomas and Richard Penn, sons of William Penn, as to the manner in which the boundary between Maryland and Pennsylvania should be determined/ By this agreement, which was executed in England, he practically surrendered all for which, in the boundary dispute, his ancestors had contended, and conceded to the Penns all that they had sought. ^Nearly fifty years before, the Lords of Trade had directed that for determining the boundary of the three lower counties (or Delaware), a line should be run westward from Cape Henlopen to the middle of the peninsula lying between the Dela- Avare and Chesapeake Bays, and thence northerly. The agreement purported to provide for just such a boundary; but material deviations were introduced. Attached to the agreement was a map, referred to and made a part of it, and admitted to be a true copy of those which had been sent over from America to the parties, by their respective agents in those parts, for their assistance and guidance. The agreement then proceeded to define the boundary, and provided that the east and west line (constituting the southern boundary of Delaware) should begin at the place on the said map called Cape Henlopen, which lies south of Cape Cornelius ; 1 Md. Hist. Soc, Coll. Calvert M8S., Doc. 298. THE MARYLAND PALATINATE ;[53 thence to run to the exact middle point of the peninsula; thence northerly until it became tangent on the west to the periphery of a circle drawn at a distance of twelve miles from the town of E^ewcastle : thence a line to be run due north until it comes into the same latitude as fifteen miles due south of the most southern part of the City of Philadelphia; and thence due west ; this last course to constitute the boundary between Maryland and Pennsylvania. Of the map referred to, there are two printed copies in the possession of the Maryland Historical Society, and one, done in water colors, which is in all probability an original/ Upon this map the cape at the mouth of the Delaware Bay, then, as now, well known as Cape Henlopen, is labelled Cape Cornelius, and about twenty miles down the coast on the Atlantic sea- board, a place which is appropriately known as False Cape, is falsely marked Cape Henlopen. From this map all such standards of measurement as lines of latitude and longitude, which might have arrested the attention of Lord Baltimore, were carefully omitted, but the lines proposed for the demarcation of the boundaries between Maryland on the one side, and the three lower counties (or Delaware) and Pennsylvania on the other, were distinctly drawn in red ink. These red lines, 1 One of the printed copies has an endorsement showing that it was used as an exhibit in the examination of witnesses under commission at Philadelphia. 154 ''''"' ''^^I'^^i^ liAl/riMOliFj AND hotr\\\\\\\\Li^ oil I lie cMsl III I lie |H>int 'Nm I lie Siiid iiiii]) (^Jlllod (^Ji|)(' I l('iil()|K'ii,"' ;iii(l wliicli ;ii'(' cspcciiill y rcfcn-iMl (,(► in \\\o. ji^roeirienl, are tliosci wlii(tli in 17'>t3 Lord linhiinore iiss(3ntod to as defining tlio l)()und- jirics of Marylinxl. Sixty years earlier a map of Maryland had bec^n })r(!j)ared by Augnatiu lL(!rrnian, \vlioH(5 services in the making of it liad becai accepted ])y (Jeeilins, \a>V(\ I J;i1I iiiiorc, in piiyinent for lli(» «;'i*jint 1<> liiiii ol l)oh('iiii;i Miiiior. I Icrriinin's iiiji|> was en<;rii\'('d mid published in hoiidon in l(»7l>, by Faithoi'nc, an cn^i'avcr of liiii,ii r('|)ulalion. 'I'bis nuip WMS well known, jind ils acu'iiiMcy is r('iiijirkal)le. Modci'n siirv{».ys lijiv(^ ninde bill sum 11 corrections ii|)on I lie ])ortions wliich rchilc lo \\\o, (^oast, the bny, jiiid llic (idcwnlcr r('i!,ioii. Upon lliis iii;i|) llic lociilioii of ( 'ji])(' I Icnlopcii, I lien ;is now sitiuilcd dii-('(*lly ;il the cnlrjincc lo 1 )('lawar(! i>ay, iind tlie posilion (d* the Siiscpicliiiniiii j^'ort alr(^jidy nK^itioncMl :is niMi-kiniz,' llu^ nortlu^'n bonndnrv of MMryhmd ;it I he fori id li d('<»;ree of norlli hililiidc, were distinctly i;iv('ii. Ill iiddilion lo Iliis ninny oilier maps of llic Pi-o\iii('(' liiid been printed jiiid piiblislie(|,^ It is to be observed tlnit, by I lie tei-nis of this ;ii;reeiiieiil Lord Ljilt iniore ('(uisenlecl IIimI llie line J For convenience of id'eienco and comparison, there are piinled with Iliis volnnie, a. facsimile of llie map above de- sciihcd M|)on wliieli ('ajte licnlopen is falsely marked, and also (tiic of a portion of lleiinian's maj), showing the eastern part of the Province. These maps are reproduced by permission of Uie Maryland llislorical Society from its publication desij^na- Icd as (UilriTl l*apcrs. No. 2. THE MAUYLANn PALATINATE ^[55 should be I'liii, iiol I'rom (^jipc I Iciilopcii, !is llic L(»i- (-(tiled i)'c\\)v I Iciilopcii which lies south, of ( /tifx' ( ^tniclius," l.liiis iidiiiill iii>' tlic Inilci* iiiiinc After tlio inji]) had s(tv(m1 ilH pni'j)o.s(!, (/ape II('ido|)en returned I0 its proper phiee, the .sainc vvhi(;h it liad previou.sly, nnd hiis Hnhs(H]ueutIy ocrenpied, and the mythical ''(';ip(' ('oriKdius" vanished IVnin the I'jiee of tin; earth, jiimI IVoni the ni;i|)s tliereof. The northei'ii honiidjirv (d' llie I*i*<)\'iiiee of Mnrv- hind waH by 1 he ehjirlei" distiiK^tly lixed jit the foi-lielh (h'i^-ree of noiMh hititu(h', whieh pji.sses north (d' rhihith Dfdnware and l\mnsylvania were moved about twenty miles to the soutliwtird, thus reducing the 156 ^^^ LORDS BALTIMORE AND area of Maryland by a strip of that width along its entire northern border, is a mystery which cannot now be solved. His grandfather had been asked by the elder Penn to name a '^gentleman's price'' for a concession mnch less in extent than the one which was now made without considera- tion to the younger Penns/ In the agreement, the map atached to it was described as a true copy of those sent over from America to the parties to the agreement by their respective agents. That it, or one like it, was sent or approved by any agent of Lord Baltimore in Maryland is incredible. There was a Surveyor General of the Province ; the location of the fortieth degree of north latitude, the northern boundary as defined by the charter, had been ascertained and was well known ; while Cresap and others had settled along the northern frontier for the express purpose 1 Maryland also lost a large tract of territory to Virginia, through ignorance of geographical features on the part of the first settlers. Maryland's western boundary was to be fixed at the longitude of the first fountain of the Potomac, the southern boundary to follow the south bank of the river. The north fork was adopted as the boundary, but later it was ascertained that the south fork was the longer, and that therefore Maryland was entitled not only to a boundary further west, but also to all the fertile land lying between the two branches of the river. The questions in relation to the right to this wide territory were not settled until 1852, when Maryland relinquished her claims in favor of Virginia. The exact location of the bound- ary upon Maryland's western border has not yet (in 1904) been definitely determined. THE MARYLAND PALATINATE ^^57 of maintaining possession in the name of the Pro- prietary of Maryland, and had been bravely fighting to that end. After the death of Charles, Lord Baltimore, his brother, Cecilius Calvert, was appointed Secretary of Maryland to reside in England and act for the heir, Frederick, during his minority. He wrote in 1752 to Edmund Jennings, the Deputy Secretary resident in Maryland, that the map attached to the agreement had been prepared by the Penns, and that the late Lord Baltimore had been greatly deceived and imposed upon therein/ It is certainly inconceivable that he should have knowingly accepted a map so palpably inaccurate, and the adoption of which was so prejudicial to his own interests. Within less than a year after signing the agree- ment with the Penns, Lord Baltimore visited Maryland for the purpose of adjusting various questions affecting the Province. He was reason- ably successful in composing for the time the dis- putes that had arisen between the upper and lower houses of the Assembly, and it was not long before he discovered, or had pointed out to him, the blunder that he had made in signing the agreement with the Penns. When he recognized how great a sacrifice of territory he had assented to, Lord Baltimore refused to carry out the terms of 1 Md. Hist. 80c. , Calvert Papers, No. 2, p. 135. 158 ^^^ LORDS BALTIMORE AND the agreement, and in 1735 the Penns instituted proceedings against him to compel performance on his part; but the case dragged along. By reason of the death of one of the Penns, and the delays inci- dent to chancery proceedings, a final decision was not reached until 1750. It was at last rendered by Lord Chancellor Hardwicke, by whom the contention of the Penns was sustained in every particular. The reasoning of the decision was in substance that Lord Baltimore, having entered into an agreement for thi) purp(>be of settling a disputed question would have to abide by its terms; that he was presumed to know the bounds of his Province; and as to the fraudulent location of Cape Ilenlopen on the map, the Chancellor calmly ignored all evidence, and decided that for the purposes of this case, it must be deemed and taken to be where the parties to the agreement had said it was. The decree pro- vided that commissioners should be appointed and the boundary surveyed.^ Upon the death of Charles, Lord Baltimore, on April 24th, 1751, shortly after this decision was rendered, the title and estates devolved upon his son Frederick, who was then a minor. The minority of Frederick prevented further action for the time, and more than ten years elapsed before measures were taken for the actual determination of the boundary as prescribed. Then iMd. Hist. Soc, Coll. Calvert MS8., Docs. 444, 446. THE MARYLAND PALATINATE 159 two distinguished astronomers and mathematicians, Charles Mason and Jeremiah Uixon, of Enghmd, were engaged to survey and mark the boun(h\ry. They began the survey in 1763, and continued their work until 1767, when, as they proceeded westward, they were stopped by the activity of hostile Indians. In the meantime, they had com- pleted the location of the line on the peninsula, and projected the east and west line, which marked the northern boundary of Maryland, two hundred and forty-four miles west from the Delaware. As directed by the decree in chancery, this line was substantially marked by hewn stones, set up at every mile, and at the end of every fifth mile larger stones were placed having sculptured on the one side the arms of Lord Baltimore, and on the other the arms of the Penns ; ^ except that in steep places and on mountain sides, mounds of stone were substituted. Many of these boundary stones are still in position, and the trees having been felled for a broad strip, — right and left of the line, — the location of the boundary is to-day still further indicated through the western and forest portions, by the colors of the foliage upon the younger growth of timber that has come up, con- trasting with that of the primeval forest by which it is bordered. 1 One of these stones, which had been thrown down, is now preserved at the rooms of the Maryland Historical Society. IGO THE LORDS BALTIMORE AND Such was the origin of Mason and Dixon's line — run nearly a century and a half ago to settle a dispute then nearly a century old, between two proprietaries whose respective domains were destined to pass forever from their control in less than a decade from the completion of the survey; — a line which a century after its estab- lishment became famous, and its name familiar throughoult the land, as the asumedj boundary between the States in which African slavery was lawful, and those in which it was prohibited. During the lifetime of Charles, Lord Baltimore, the rc(iuisitions of the Crown upon the American colonies for troops and money were frequent, and the lower liouse of the Assembly in Maryland persisted in finding means for withholding the supplies, by coupling to the appropriation bills con- ditions which the upper house would not accept. They were generally framed so that the duties levied for the use of the Proprietary should be reduced by an amount sufficient to offset the levy made for the Crown. Tliere was also manifested an indis])osition to furnish men to figlit the French and Indians on tlic Canadian frontier, the brunt of wIjosc at tacks fell upon tlie New England colonies, when hostilities nearer home might at any time be apprehended. The people of Maryland were not, however, altogether unmindful of the royal mandates. It was dnring this period that what has since become THE MARYLAND PALATINATE ^g^ known as the imperial policy of England first began to take shape, and a call was made npon lier American colonies for troops to serve in foreign war beyond the limits of the North American continent. Troops were demanded for service in the tropics in the war with Spain. In 1740 Maryland furnished three companies of infantry for this purpose, which were sent to the siege of Cartagena, a city and port in what is now the Kepublic of Colombia, close to the Isthmus of Panama. The sad, the pitiful, story of that cam- paign, in which the tropical fevers and tlie imbe- cility and jealousies of rival commanders combined to waste brave lives, is apart from our subject. The survivors from that expedition were few in number. On one occasion when troops from Maryland liad been sent to Albany, the Maryland Assembly emphatically refused to vote an appropriation to provide for their maintenance, claiming that having furnished the men, equipped them, and provided for their transportation, they had done all that could be required of them. The troops, they con- tended, were in the service of the Crown, and the royal government would have to provide for them. This illustrates the temper which was developing, and wliich in later years found expression in more pronounced resistance to the demands of the Crown, as these came to be more keenly felt as encroach- ments upon the rights of the colonies, while the 11 j(;2 77//-; ijurns iiAi/riM<>ui<: and (•()look (d' li'avcis, anI he wrolx^ for his ^lohes and telescopes 1o he shippe<| to him ;il Smyrmi.' Ills travels on the continent liappene(| to Ix^ c«)incidenl in date wilh those <>( Lanrence Slerne, 1 Md. Hist. ,S'or., (Utlvr.it I'apevN, No. 2, p. 217. 77//'; MAIiYLAKh I'A LATI N ATN i(;;> wlio IoiiikI ill liMi'd I J;ilt iiiioi'c sill) jccl loi' coiiniiciil in A >^('ii( i inciihi/ J oiinici/. Sciil i iiiciil loniicfl no |);ii'l of I^rcflcrick's coiiiposil ion, jiii;idy I)iiin:i I^iL•■('l•lon, diiii^hler of the l)iike of Urid^cwiiler*. 'riicre. are ainoii;^' the ('aherl Tapers now in the })OHH('HHion (d' I he Miirvhiiid IIistorie;iI Soeiely a niimher of lellers wliieh f)aHH(Ml helwer-n her ;iiid l''re(|eriek, lM»tli Ixd'ore ;iiid ui'icv tmi rriii^c.*'' In this 1 Slcriic: A Hcntimenlal Journey, In llio Hlreot, — Calais. •^Mil. Ilisl. Sor., (Joll. Calvcrl MHS., Hoch. 1153 ci Boq. 1Q4: ^^^ LORDS BALTIMORE AND correspondence lier Ladyship appears to much the greater advantage, not only in form and manner of expression, but also in handwriting and spelling. His epistles are slovenly productions, full of blots, alterations and erasures. The affection which he effusively expressed was not of long duration. They were separated by agreement, in May, 1756, the cause assigned being what is now known as "incompatibility of temper." Lady Baltimore died in August, 1758, having for some time been an invalid from a disorder in her back, resulting, it is said, from being thrown from a carriage while driving, — taking an airing, the account has it, — with her husband.^ It is pleasant to note that at the time of her death, her step-father. Sir Richard Lyttleton, who had married the Dowager Duchess of Bridgewater, wrote to Lord Baltimore, testifying to the affec- tion of Lady Baltimore for him, which had been particularly shown throughout her final illness.^ It was after the death of Lady Baltimore that Frederick made the tour of the continent of Europe and the Levant, during which he aroused the scorn of the author of A Sentimental Journey. During the war with France, Maryland gave but little assistance to the Crown or the sister 1 Scharf : History of Maryland, Vol. ii, j). ];57. Md. IJist. Soc, Coll. Calvert MSS., Doc. 1207. (Letter of Earl of Essex, August 25, 1758.) 2 Md. Hist. Soc, Coll. Calvert M8S., Doc. 12^3. THE MARYLAND PALATINATE ^^5 colonies in the conduct of the campaign. This was due, partly, to the fact that the territory of Maryland being strictly limited to a definite area, there was nothing to be gained for the Province, by pushing the frontier of the English possessions westward beyond the Ohio and to the French settlements on the Mississippi ; but chiefly, to the constant disagreements between the upper and lower houses of Assembly and the disaffection of the latter to the Proprietary. When Colonel George Washington was despatched from Virginia in 1753 to march upon the French at Fort DuQuesne, the Maryland Assembly in spite of the urgent appeals of Horatio Sharpe, the Governor, refused to con- tribute either troops or money. Later, when bills were passed by the lower house for raising money for defence, they were coupled with conditions which it was known the upper house would have to reject, such as the appropriation of the money paid for licenses of ordinaries (v/hich was one of the Proprietary's personal sources of revenue), the levying of taxes on vacant lands, — which would result in a direct tax on the Proprietary's unpro- ductive property, — and a double tax on Roman Catholics. Measure after measure of this nature was passed by the lower house and rejected by the upper. Finally, after Braddock's defeat, and with the western part of the Province in a state of terror from the raids and murders committed by the Indian allies of the French, Governor IQQ THE LORDS BALTIMORE AND Sharpe consented to an act appropriating money for fortifications, and for rangers to be maintained on the western frontier, in which the objectionable provisions in respect to the levying of a tax on the Proprietary's manor lands, and the appropria- tion of the money from licenses were contained. The exigencies of the occasion were certainly such as to justify a voluntary concession and contribu- tion to the defence of the Province on the part of Frederick, Lord Baltimore ; but he was not so minded. His father had assented to the appro- priation of the revenue from licenses of ordinaries for military expenses in 1740, upon the occasion of the expedition against Cartagena ; and again, in 1746, for the expedition against Canada; but Governor Sharpe's action in consenting to a con- tinuance of this appropriation under circumstances infinitely more urgent, excited Frederick's wrath. Governor Sharpe explained and defended his action in a long letter ^ to his brother, John Sharpe, of London, who liad been Lord Baltimore's guardian and was then his counsel. A century before, Cecilius, Lord Baltimore, had expended a fortune in the planting of Maryland, from which he himself received no corresponding returns whatever. His descendant, Frederick, it Avas admitted, enjoyed from this heritage at tho time of his marriage in 1753, a yearly revenuf^ 1 Archives of Md.: Corr. of (iov. Sharpe, Vol. i, p. 424. THE MARYLAND PALATINATE ;[(|7 of £9,500,' and at the time of his death in 1771, the amount liad increased to £12,000. lie was, however, selfish and extravagant, cared nothing for Maryland except as a source of revenue, and nothing would he concede, either to relieve the hurdens of his tenants, or to defend his own interests. He never visited Maryland, though he travelled widely elsewhere; and his correspondence witli Governor Sharpe related to but few themes. lie constantly ui'ged that the collection of rents b(5 pushed, and manifested a suspicion that he was not getting all that was due to him, or that had been collected by his agents. At the same time he made frecpient demands for the appointment of kinsmen and favorites to luci*ativ(i offices, and curiously enough, for benefices for clergymen whom he sent out; and his ac(|uaintance seems to have included some of the most disreputable members of that profession, reverend gentlemen whose departnre fi'om Kngland was apparently the one thing that was in that country urgently required of them. Frederick's dispensation of church livings y I lie lenns of the chjii'lei' the Lord Pn)])riotary .'iiid his heirs were empowered to constitutes (rourtH, Mppoint judges mid (h> ;ill things necessMi'V for tho ;i|Mir- tcMJiiil, MUtliority to hold m domestic court c;ille(l a court baron for sett lint;' dis|)utes, redressing" inis- deiiieiinors iiiid iiuisjinces williiu ibe niiinoi-, jire as Jincient jis the Snxou const it ut i(»n. ( Mosely <'onnecle<| with the couiMs biii'on in iincient insti- tutions, but still more ancient, Wiis the court leet. This iattei- w'jis composed of the assemblv (d the \vb(>le community, the residents of the disti'ict, ;ind Wiis not limite(| to the leuiints (>: Hk. Ill, p. ;{:{, el seep Dij^diy, Ifisforjf of the Law of l\<(tl I'roprilif, p. r»l, note. ]^g(3 '^'^^^ LOh'OS iLlLTlMOKL] AMJ The advantage to an agricultural people of the manorial courts, where disputes could be settled promptly and on the spot, without the expense of going from home, is obvious. The records of some of these courts in Maryland have been preserved, so that we have a clear view of the working of this ancient Saxon institution in the new world. The court was organized with all due formality, with constable, a jury composed of freeholders and leaseholders, officers, and the steward of the manor presiding. It is recorded that at a court baron held March Tth, 1656, at St. Gabriel's Manor, by the steward of the lady of the manor (Mistress Mary Brent), one Martin Kirke took of the lady of the manor, in full court, by delivery of the steward by the rod, according to the custom of the manor, a certain tenement. This delivery of possession by the rod, — , a ceremony in which the steward holding one end, ) and the tenant the other, the relation of landlord and tenant was established in the presence of wit- nesses, and the rod being then broken, the steward and tenant each retained, as evidence of the trans- action, a piece of the rod, — is very ancient, long antedating a general knowledge of reading and ' writing and the consequent use of written contracts of lease. It is similar to the ancient custom of ^'livery of seizen" whereby possession was given on the premises by the delivery of a piece of the sod or turf. THE MARYLAND PALATINATE ^^37 Interesting records of a court leet and court baron, held at St. Clement's Manor, at intervals from 1659 to 1672, preserved in the collection of the Maryland Historical Society, which show the nature of the cases disposed of, and the amounts of fines imposed, were printed with Mr. John Hemsley Johnson's paper on Old Maryland Manors, published in 1883 by the Johns Hopkins University.^ As the country became more thickly populated, and many of the old manors were destroyed by partition and sale of the land, the manorial courts were gradually discontinued, and all matters of dispute were brought within the jurisdiction of the magistrates or the county courts. The labor in Maryland was from the begin- ning of tlie colony supplied by what were called ''indented servants,'' who later come to be known as ''redemptioners." These were persons who, desiring to go to the new world, bound themselves, in consideration of their passage money being paid for them, to serve the person by whom it was advanced, or some one else as his assignee, for a term of years, generally four or five. At the end of that period, the servant became a freeman, and was entitled to receive from his former master fifty acres of land, beside clothing, and tools for farming. 1 Johns Hopkins University Studies in Historical and Polit- ical Science, Series I, No. 7, p. 31. ],SJ^ THE LORDS BALTIMORE AND Tlio persons who ciniic out in this iiuinnor inchidcd all sorts and conditions of niciij— mere laborers, who never could \)v. anything else under the most favora})le conditions^^and also some men of educa- p tion and refinement, who found in this arrano-ement the only way o])en to them foi* seeking their fortunes in the new world, and who afterwards attained to places of ini])oi'tanee and influenee in the I^rovince. Women also came to Marvhind in this manner, mjiny of them with a ])ast that wej-e best not enquired, into, hut others with re])ntations free from reproach. Among them was a niece of Daniel Defoe, said to have lied fi-om the ])rospect of a distasteful marriage that ha 1 1 a re and to /fold, is therefore not without prece(lent in actual fact. In a pamphlet (mtitled A ('hararfer of the Province of Maryland ,^ ])ublish(Ml in 1(5 (10, the author, "Q-eorge Alsop, who was himself an indented S(M'vant in Maryland, gives an account of his ex])eri- ence which would indicate that the- lot of persons so placed was not a severe one. The labor exacted was not excessive, the maintenance sufficiently com- <.■' '' #^. 1 3/d. Hisi. Soc, Fund Pub., No. 1.5. (Reprint, 1880.) THE MARYLAND PALATINATE 181) fortable, and in winter, when planting operations were interrupted, abundance of leisure for liunting was allowed. It is true the position was still that of a servant, and the bondsman could not go and come as he pleased. In going abroad he was required to have a written pass from his master, and absence without leave was punished ])y prolongation of the ton II of servitude. Before long a less desirable class of labor was introduced into the colony. It was perceived in Enghind tliat by sending convicts to the colonies and selling them for terms of servitude, in lieu of sentence to jail, the expense of their maintenance would be saved. As a consecpience of this policy large numbers of this class were transported to tlie American colonies during the eigliteentli century. One writer, in the Maryland Gazette of July 30th, 1707, puts tlie number sent to Maryland as higli as six hundred a year during the preceding thirty years, which would make a total of eighteen thousand during that period; but these figures are probably exaggerated.^ Tlie importation of this class was strongly resented in tlie Province, and efforts were made to restrain it l)y the impo- 1 It is not to be supposed that this large number of convicts became absorbed in the population of Maryland. A large pro- portion of them, when tlioir term of transportation was ended, returned to England; and of those who elected to remain in the new world, many sought homes in other colonies where they would not be known as ex-convicts. 190 THE LORDS BALTIMORE AND sition of duty and special taxes upon convicts, and in addition, purchasers of convict servants were required to give security for tlieir good behavior ; ^ but these efforts to restrict the shipments failed in effect for the reason that the convicts were sent out under authority of Acts of Parliament which the Province was powerless to defeat. It must not be imagined that these persons were the worst of felons. They were mostly convicted for lesser crimes, larceny and forgery being among the , worst. In fact, in 1717, after the battle at Preston, ^ a great many prisoners were transported as convicts whose only offence was that they had espoused the forlorn cause of the house of Stuart.^ Under the sanguinary criminal code of the time, a much larger number of crimes were punishable by death than under present laws, and those convicted of the more heinous crimes were not often transported.^ It was cheaper to hang them. It was not until after the beginning of the eighteenth century, when by the treaty of Utrecht the traffic in African slaves passed under English control, that there was any great number of negro slaves in Maryland. But from that time the increase was rapid. The trade was stimulated 1 J/d. Archives: Proc. of Council, 1671-1681, p. 136. 2 Scharf : History of Md. Vol. i, pp. 385-9. 3 McCormac : White Servitude in Md. Johns Hopkins Uni- versity Studies in Historical and Political Science, Series XXIT, Nos. 3, 4, p. 96. THE MARYLAND PALATINATE 191 from England, and Lord Baltimore (Charles, fifth Baron,) encouraged it. The effect upon the white servants was damaging. The negroes were slaves for life, and their children after them ; while the white servant was a bondsman for but a few years at best, and therefore, as having the less permanent value, received the less consideration. At this period the condition of the indented servant, brought into competition with slave labor, was described as miser- able indeed. In 1708 there was published in London by Ebenezer Cook, a satire in burlesque verse, entitled the Sot-weed Factor,^ giving an account of a visit to Maryland and Annapolis. By sot-weed, tobacco is meant. This writer's report both of the place and of the people is very far from flattering. Upon landing at Pascataway he declares there " soon repair'd a numerous Crew, In Shirts and Drawers of Scotch-cloth Blue. With neither Stockings, Hat nor Shooe. These Sot-weed Planters Crowd the Shoar, In Hue as tawny as a Moor," According to this traveller, upon crossing to the opposite side of the river, he was soon accosted by a youth driving home some cattle who asks ^^from whom he'd run away ?" To be taken for a runaway servant was more than he could stand with equan- 1 Early Maryland Poetry. Md. Hist. Soc, Fund Publication, No. 36. (Reprint. 1900.) 192 THE LORDS BALTIMORE A]\ I) imity, and he forthwith brandished his sword. But a soft answer turned away wrath, and lie was presently eondueted to tlie house of the ])lanl(>i', nearby, wliere h()S])itabk^ (nitertainment was otlered, his host con- si(k^rately refraining from asking whether he came from jail or eollege, and generously assuring him tliat he was welcomes in either case. Then follows an accoimt of various vicissitudes that befell him during tlie night, including the invasion of his bed- ' clianiher by a wild fox in pursuit of some poultry which had previously been Ins room mates. He was next entertained ;it the house of a man of prominence, and k^arned that though methods might bo ])i'iinitiv(', good clieer, and abundance of it, was to 1)0 liad, and was most liberally dispensed. KventuaJly this chronicler arrives at Annapolis which he describes as " A City Situate on a Plain, Wlioro Scareo a House will kocp out Rain; Tlic Jiuildin^s fiaiu'd with Cyprus rare, Resembles iiuH'h our Southwark Fair: liut Slranj^cr \\cro. will scarcely meet With Market -place, Exchange, or Street; And if the Truth I may report, 'Tis not so large as Tottenham Court." This account, with all its extravagancies of expres- sion, was written, it is to be observed, but shortly aftei" tlic seat of government had been removed from St. Mary's to Anna])olis. Tlie former is said never to have contained more than sixty houses, and the latter THE MARYLAND PALATINATE 193 had scarcely begun to be a town; not many years were to elapse however before a very different report of its appearance and character was to be made by travellers from the old world. Unfavorable as were \Mr. Cook's first impressions, he appears afterwards to have become a resident of Annapolis. Toward the middle of the eighteenth century a marked change was effected in the agricultural, and therefore in the commercial, conditions of Maryland, by the introduction of a new class of settlers. Hitherto the colonists, or inhabitants, with the exception of the negro slaves, had been for the most part of English or Irish descent. But now there began to arrive a few, and soon after, considerable numbers of, Germans from the Rhenish Palatinate, settlers who hence came to be called ^'Palatines.'' They were a sturdy, industrious people, and in view of the border disturbances resulting from the boundary disputes, and the exposure of the western portion of the Province to attack in the event of war with the French, Lord Baltimore (Charles, fifth Baron,) offered every encouragement to secure their settlement west of the mountains, upon the fertile lands of what are now Frederick and Washington counties. Special inducements in the Avay of exemp- tion from quit-rents for a term of years, and other concessions, were made to lead them to settle inland.^ 1 Proceedings of the Council; Liber M, folio G8. Md. Hist. Soc. Coll., portfolio 3, No. 14. Md. Hist. Soc, Calvert Papers, No. 2, p. 162. 13 194 ^^^ LORDS BALTIMORE AND These Germans soon found that it was not only on the borders of the Rhine, where many a vine- clad hill is crowned with a ruined castle, — witness to the historic struggles between French and Ger- mans for the possession of that river, — that border warfare was to be encountered. They not only bore the brunt of the strife between Baltimore and the Penns about the disputed boundary line, but when, after Braddock's defeat, the Province was exposed to raids by the savage allies of the French, these western settlers were the greatest sufferers. It was not merely as defenders of the frontier that the Germans proved valuable acquisitions to Maryland. In the broad valleys in which they settled, to this day remarkable for productiveness, they quickly cleared away the forest, and introduced the thrifty luisbandry of the German fatherland.^ Maryland, — of which the agriculture had languished under an exclusive culture of tobacco, — now took on a fresh life, as its valleys were converted into teeming fields of wheat, a product which soon became an important item of export from the Province.^ Until the settlement of the Palatines in the valley between the Blue Bidge and the Alleghanies, the rivers and the bay had afforded the chief means of communication between the colonists, whether the 1 ]Many interesting facts concerning these German immi- grants are contained in First Settlements of Germans in Mary- land, by E. T. Schultz. (Frederick, 1896.) 2Mereness; Maryland as a Proprietary Province, pp. 123-125. THE MARYLAND PALATINATE 3^95 trips were made for business or for pleasure. Of wagon roads or highways there were practically none. In the absence of cities, or even of any con- siderable town, what social intercourse there was, consisted chiefly of interchanges of visits between the families of planters ; and a liberal hospitality prevailed. The advent of visitors, whose arrival was announced merely by the approach of the skiff or bateau in whicli they came, to the private landing of the plantation, caused neither surprise nor incon- venience. With abundance of game at command, the larder of the well-to-do planter was always well- stocked. Alsop, already quoted, records that he had seen fourscore venison in the storehouse of his master, — and this for a family of seven persons. The guest was always welcome and provision for his entertainment was ample. There were, it is true, the rolling roads over which tobacco Avas brought to the nearest landing, and there were bridle paths in abundance ; but with the development of the farmlands beyond the mountains, a train of pack horses walking in single file would no longer serve to convey the country produce to market. The building of roads began, and was rapidly prosecuted; and before long the huge Conestoga wagon, with its team of four, six or eight horses, the housings of their collars surmounted by rows of tinkling bells to give notice of approach through the narrower and mountainous portions of the road, became the familiar vehicle for the convey- i[96 "^HE LORDS BALTIMORE AND ance to market of the abundant products of the field. These wagons came in great numbers to Balti- more ; for the many abortive attempts of the As- sembly to establish a city in the Province, at last found their successful outcome when in 1730 the town of Baltimore was established at the head of tidewater on the Patapsco Kiver. Many cities had been incorporated before that time, several of them with the name of Baltimore ; but it was not until this date, that the efforts to found a city destined to become a commercial metropolis, and a port for foreign trade, resulted in achievement. To this city the produce of the country naturally came for distribution and reshipment ; and but a few years ago there remained as vestiges of the old times and methods, a number of inns in this city to which were attached great court-yards with ample stabling for the teams and wagons which a century ago brought to Baltimore a large part of the material for its domestic trade and foreign commerce. These old inns and court-yards are fast disappear- ing, — probably not more than three or four now remain, — deserted, and gradually falling to decay. Beside the planters and the farmers, the unsettled state of the border gave rise to another class of colonists, men to whom a life devoted to hunting and adventure proved more attractive than one en- gaged in the regular industry of agriculture. These were the frontier rangers. The rangers were main- tained as a sort of constabulary. They constituted THE MARYLAND PALATINATE ^^97 the warders of the border, and acted as scouts to watch for and report the approach of hostile Indians, to maintain the boundaries claimed by the Pro- prietary, and incidentally, to take up runaway ser- vants and stray cattle. The mode of life which this occupation involved had its fascinations, and there naturally developed a class of backwoodsmen, — men who lived by the rifle, adopted the wild life and even the dress of the Indians, — whom they often surpassed in keenness of vision, unerring marksman- ship and knowledge of woodcraft, — with the accom- panying accomplishments of tracking and tracing quarry, whether it were game or foe. These back- woodsmen when they made their rare visits to Annapolis for the purchase of ammunition or other supplies, clad in their hunting costumes of deer skin, Avith fringed leggings, with faces browned by expos- ure, and not infrequently decorated with paint, after the fashion in personal adornment which prevailed among the Indians, had their vanity particularly gratified when, as sometimes occurred, they were themselves mistaken, for savages. The lack of towns and marts, — the places Avhere men do congregate, — greatly retarded the growth of any social or j^olitical life in Maryland. The social life was that of the home, almost domestic in its character, as friends visited, and were received and entertained by friends, in their widely scattered manor houses. There was no centre of reunion. Political life for the same reason was slow in 198 ^^^ LORDS BALTIMORE AND developing. In fact, under the Proprietary gov- enirnent during the earlier period, there was small scope for politics. Political strife is apt to be engendered by the burdens of taxation ; but these were comparatively light, and mostly indirect. There were the quit-rents reserved upon grants of land, but these were not excessive and were matters of contract. The impost duties incidental to the export of tobacco or other produce were not onerous, although there were disputes as to the proper application of the resulting revenue, whether it belonged to the Province for public purposes, or was merely a source of private income of the Proprietary. Complaints there were in plenty about the fees exacted by, and paid to, public officers, appointees of the Proprietary, but these arose chiefly when it became evident that the holders of public places w^ere becoming rich from the emoluments of their offices. Discontent on account of the tax imposed for the support of the clergy of the Church of P^ngland naturally resulted on the part of those who did not belong to that Church, and the scanda- lous lives of some of the clergy were calculated to aggravate the discontent. Direct taxes, except the poll-tax, were few and rare, until they were imposed for purposes of defence or for meeting the requisi- tions of the Crown. Then there appeared a disposi- tion to tax everything upon which a tax could be imposed, from carriage-wheels to bachelors.^ It w^as 1 Proceedinfjfs of the AHfsemhly. L- H. J., July 20, 1754. THE MARYLAND PALATINATE ifjQ not until taxes became burdensome, and at the same time a town with municipal activity had developed at Annapolis, that a definite political life took shape. Educational opportunities in the Province were few and small. Among a widely scattered popula- tion, such as existed in the earlier davs of the Province, the establishment of public schools was impossible. Xowhere was there sufficient density of population to provide within a convenient radius thf number of pupils necessary for the support of such a school. The various efforts made for the establishment of a college or high school for a long time proved abortive on account of religious differ- ences. It was proposed at one time to form such a school with two head masters — fme Protestant and the other Roman (,'atholic, but such an impracticable plan as that was sufficient to defeat the project. The rivalries between the eastern and western shores also operated to i-ct a rd the execution r>f any scheme for higher education. This led to a proposition to establish two schools, one on each shore, the master /of one to be a graduate of Oxford, and the master of the other, of Cambridge. But this scheme natur- ally fell to the ground. The efforts of Governor Fran- cis Nicholson eventually resulted in the establishment of King William School at Annapolis, but it did not greatly flourish. After the Revolution it was merged with St. John's College in that city. 200 '^'^^^ LORDS BALTIMORE AND \ Meanwhile the people of Maryland did not go unlettered. Large numbers of the youth of the colony, the sons of wealthy parents, were sent abroad for their education; the Protestants to the great universities of England, those of Roman Catholic parentage to universities or seminaries upon the continent of Europe. Many others attended William and Mary College in Virginia, and still larger numbers the Academy, in Philadelphia. The educated men for the most part adopted the law as their profession. This fact tended somewhat to promote litigation ; but at the same time it supplied a class of men trained to discuss questions of public policy and of constitutional law, and to take their part willi credit in the disputes that subsequently arose between the colonies and the mother country. The fame of some of the Maryland lawyers both for learning and ability extended not only to the other colonies, but to England as well. Included among their number were such men as Daniel Dulany, Charles Carroll, William Paca, Samuel Chase, and others of distinguished reputation.^ With the increase of wealth, and the growth of Annapolis, a mode of life very different from that wliich had prevailed at the middle of the seventeenth- 1 An eloquent tribute to the distinguished abilities of Daniel Dulany (the younffer), ms\y b' found in McMalion's Historical View of the (lorfrnnu'nt of Marylund, Vol. I, pp. 354-355, notes 18," 10. THE MARYLA.ND PALATINATE 201 century was developed by the middle of the eigh- teenth. We hear no more of the dwellings described by Ebenezer Cook, — "where scarce a house will keep out rain." In their place were stately mansions, built of bri tk, of fine architectural design, with spacious halls and wide extending wings. Many of them stand to-day and give to Annapolis its marked character as a typical colonial town. The Ilarwood, the Brice, the Carroll, the Paca, and the Chase mansions, the last named originally built by one of the Lloyds, are, among others, noteworthy examples and illustrations of the architecture of that period. In this town of Annapolis there was not only wealth ; there were also culture, and refinement and gaiety, and no little extravagance and dissipation. The favorite pastimes of the young gentry, the gilded youth of the time, were cock-fighting, card- playing, fox-liunting and horse-racing. Tliere Avere several social clubs, and, for the encouragement of the breeding of race horses, a jockey club was formed. William Ivldis, who was surveyor of customs at Annapolis in 1709 and for several years thereafter, wrote entertaining letters describing the social conditions. In one dated Nov. 2d, 1771, he said : — "Our races which are just concluded, con- tinued four days and afforded excellent amusement to those who are attached to the pleasures of the turf; and surprising as it may appear, I assure you that there are few meetings in England better 202 THE LORDS BALTIMORE AXD )ji attended or where more capital horses are exhibited The Abbe Robin, a chaplain with the French troops serving in the Revolutionary Army, wrote: '*As we advance toward the south we find percep^- tible differences, both in customs and manners. The houses are no longer placed, as in Connecticut, at the road-side, at short intervals, limited to a space sufficient for the accommodation of a single family, and furnished Avith the merest necessaries; they are spacious habitations, widely sep^arated, composed of a number of buildings and surrounded by planta- tions extending farther than the eye can reaclu cultivated, not bv free labor, but bv black men whom European avarice brings hither for gain from the burning countries of Africa. Their furniture is of the most costly wood, and rarest marbles, enriched by skilful and artistic work. Their elegant and light carriages are drawn by finely bred horses, and driven by richly apparelled slaves. We especially observe this opulence in Annapolis. This very small tovm, situated at the mouth of the river Severn, where it empties into the bay, consists for three-fourths of fine buildings.^ The luxury of the women here surpasses that in our own provinces; a French hair-dresser is a man of importance; one of these ladies pays a salary of one thousand crowns to her coiffeur. There is alreadv here a theatre, and the State House is of the greatest beauty, handsomer 1 Eddis, Letters from America, p. 106. THE MARYLAND PAL AT IS ATE 203 than any other in America. The portico is adorned with columns, and the edifice surmounted by a dome/' ^ Eddis, already referred to, wrote in 1770: — "I am persuaded there is not a town in England of the same size as Annapolis which can boast a greater number of fashionable and handsome women, and were I not satisfied to the contrary, I should suppose that the majority of our belles possessed every advantage of a long and familiar intercourse with the manners and habits of London. During the winter, there are assemblies every fortnight ; the room for dancing is large; the construction elegant, and the hall illuminated to great advantage. At each extremity are apartments for the card tables." ^ In another letter, dated in December, 1771, he wrote, ''The quick importation of fashions from the mother country is really astonishing. I am almost inclined to believe that a new fashion is adopted earlier by the polished and affluent Americans, than by many opulent persons in the great metropolis; nor are opportunities wanting to display superior elegance ; we have varied amusements and numerous parties. It is but justice to confess, that the American ladies possess a natural ease and elegance in the whole of tlieir deportment ; and that while they assiduously cultivate external accomplishments, 1 L' Abbe Robin, youveau Voyage dans VAmerique Septen- trionale, etc.. pp. 103, 104. - Eddis, Letters from America, p. 31. 204 THE LORDS BALTIMORE AXD thev are still anxiously attentive to the more important embellishments of the mind. In con- versation they are generally animated and enter- taining, and deliver their sentiments with affability and propriety." ^ It will be seen from these accounts, that this polished society did not lack for gaiety. There were public balls, both at Annapolis, and at Upper Marlboro,^ in Prince George's County, whither the guests from Annapolis drove in their coaches. Of these, and of elegant chariots and sedan chairs, there was abundance. Fifty coaches would be drawn up about the race course near Annapolis, at a time when it was said that there were not more than ten or twelve four-wheeled carriages owned in the City of Philadelphia." At Annapolis, too, was established the first theatre in America. It stood apparently on Church Circle, on land provided by the Vestry of St. Anne's Parish,* and was opened in 1752 by a performance given by Hallam and Henry's troupe. This com- pany, which was brought over from England, contained a number of good actors, and presented an excellent selection of tragedies and comedies. It continued to play at Annapolis and Upper Marlboro for more than twenty years, and Miss Hallam, the leading lady of the company, seems, — ^to judge from 1 IhirJ., pp. 112-11.3. 2 Scharf: History of Maryland Vol. ii, p. 86. --' Ibid., p. 90. * Ibid., pp. 8-5, 98. THE MARYLAND PALATINATE 205 the odes and verses dedicated to her, and extolling her charms, which appeared in the Maryland Gaz- ette, — to have been much admired by the youth of the period. Maryland was not only the cradle, but it continued for some time to be the nursery of the theatre in America. In McMaster's History, there is an interesting account of the patronage given to the drama in Baltimore, at a time subsequent to the Revolution, Avhen the theatre was discounte- nanced, if not prohibited, in Xew York, Philadelphia and Boston.^ It appears however from an allusion in one of Eddis's letters that there was a theatre in Philadelphia in 1773.' The pictures of life at Annapolis drawn in the pages of a recent work of fiction are evidently not exaggerated ; and unhappily, the picture presented in the same book of a certain type of clergyman, is like- wise not overdrawn. Mention has been made of the class of men upon whom Frederick, Lord Baltimore, conferred church livings in Maryland. There was no adequate ecclesiastical authority in the Province to maintain and administer discipline ; and while there were here and there earnest and devout rectors, who sought to do their whole duty, and deplored the existing evils which they were power- less to correct, they were not conspicuous in number. The notorious Bennett Allen, who is introduced as iMcMaster: History of the People of the United States, Vol. i, p. 83. 2 Eddis, Letters from America, p. 154. 200 THE LORDS BALTIMORE AND I one of the characters in Richard Carvel, was inducted, in 1768, in compliance with the insistent demands of Lord Baltimore for his preferment, to the bene- fice of All Saints' Parisli in Frederick County, as successor to the learned and greatly esteemed Keverend Thomas Bacon. 'J'his was tlie richest parish in the Province. Allen had previously struggled hard, in defiance of tlie law against pluralities, to hold on to botli the livings of St. Anne's and St. James' in Anne Arundel County. Upon the occasion of his attempting to take pos- session of All Saints', some of the congregation, indignant that so disreputable a rector should be forced upon them, attempted to expel him from tlie church during the progress of divine service; whereupon this minister of the gospel of peace suspended the sacred office long enough to draw a pistol, and placing it to the head of the foremost, ^ declared, with an oath, that he would shoot him.^ Some years later Allen killed one of the Dulanys in a duel, tlie latter having challenged him on account of a newspaper article grossly attacking the character of his distinguished brother, Daniel Dulany, to whose enmity Allen blindly attributed the persistent hostility which he encountered in Maryland.^ Another inducted rector spent the greater part of the twenty years of his incum- 1 Md. Archives : Corr. of Gov. Sharpe, Vol. iii, p. 502. 2 Dictionary of National Biography. Article, Bennett Allen, THE MARYLAND PALATINATE 20' bency in jail. These are examples. There were others, of little, if any, better character. Several reports sent from the Province to the Bishop of London indicate that with such laxity on the part of the shepherds, many sheep went astray; and that in many places the prevailing standard of morality was not high. It is probable that this charge was in part, at least, justified by the facts. The brilliant and extravagant society at Annapo- lis at the middle of the eighteenth century presents a strong contrast to the frontier, or rather pioneer, conditions which existed a centurv before. The advertisements in the contemporary papers show /that there were no fabrics, or articles of luxury, uoo fine or too costly, to find a market there. Wealth had increased ; but all had not grown rich. As in many such instances, tlie rich had grown richer and the poor had grown poorer. It is not until after the beginning of the eighteenth century that the necessitv for the establishment of countv alms- "^houses appears to have arisen. Moreover the rapid acquisition of wealth had chiefly taken place among those Avho were connected more or less nearly with the family of the Proprietary, or were holders of public offices, paid by fees, which in course of time had become very lucrative to those wlio received them and correspondingly irritating to those by whom they were paid. It was in contemplation of such wealth, and the display of it, that the lower house of Assemblv so bitterlv and stubbornly 208 "^HE LORDS BALTIMORE AND resisted the imposition of taxes for the support of military operations unless they were accompanied by a diversion to the same purpose of a portion of the Proprietary's revenues, and a reduction of the fees of public officers. The people who paid the taxes resented the prosperity of those that thrived upon them, and this condition was another element contributing to the accumulation of causes of discontent against Proprietary government and Crown alike. Such was the state of society in Maryland when the curtain at last falls upon the colonial period of her history. Events had been rapidly shaping themselves for the rupture with England ; a convention had been called, a Council of Safety and committees of observation appointed; but the Proprietary government of Maryland came to an end without violence. Certain correspondence between Gover- nor Eden and the British Ministry having been captured by one of the vessels cruising under authority of the Continental Congress, that body directed Governor Eden's arrest. The Maryland Convention replied that the matter belonged to their own jurisdiction, and instead of arresting the Governor, notified him that he was at liberty to leave the Province with all his personal effects. A remonstrance from Virginia upon this course w^as sharply rebuked. It is to be noted as indicative of the deliberate THE MARYLAND PALATINATE 209 and moderate action in Maryland, that when at last, an Act was passed to confiscate the property of absentee sympathizers with the royal cause, an exception was made in favor of Horatio Sharpe, the former Governor. He was allowed two years' time in which, either to sell his property, or become a citizen of Maryland and retain it. On June 26th, 1776, Governor Eden sailed, unmo- lested, on a British ship, the Fowey, which came to Annapolis under flag of truce to take the Governor on board ; ^ and with his departure the last semblance even of the Proprietary government vanished. On July 3rd, 1776, one day before the adoption by the Continental Congress of the Declaration of the Independence of the United States, the delegates assembled in the Maryland Convention adopted their own declaration, in which, after reciting the encroachments upon the liberties of the people made by both King and Parliament, they announced their determination ''to join with a majority of the united colonies in declaring them free and independent states." This act marked the close of the colonial period and of the old regime. The dawn of a new era be^an. 1 Steiner rLi/e and Adminisfration of ^ir Robert Eden; Johns Hopkins University f^tiidies in Hist, and Polif. S."» ; violence attending his induction to All Saints" Parish, 2(>G : kills the hrother of Daniel Dulany in a duel, 206. .Alsop. (xeorae. account of condi- tions in Maryland, 188, 195. Altham. Father John. Jesuit priest and missionary, 4.j. Andros, Sir Edmund, assumes gov- ernorship but retires, 132. Annapolis, made seat of govern- ment in 1694, 131 ; change in character of buildings, 200 : in- troduction of beauty in archi- tecture, 201 ; gaiety of the so- cial life, 201 : wealth and ex- travagance, 207. Ark, the, and the Dove, at New- foundland, 16 ; departure from Isle of ^Yight with the Mary- land colonists, 36 : arrival in the Potomac, 42, 174. Arundel. Lady Anne, wife of Ce- cilius. Lord Baltimore. 28. Arundel of Wardour, Lord, father of Lady Anne Arundel, wife of Cecilius, Lord Baltimore. 25. Assembly of Maryland, dispute with proprietary as to initiative, 49 : attitude in respect to laws submitted by the proprietary. 70, 72 ; attempts to deprive Lord Baltimore of his revenues from duties and tonnage, 130 ; reply of lower house to petition lrom St. Mary's, 132 : changes in character during period of royal governors. 135 ; failure of the council in 1701 to substantiate charges made in 1689 against proprietary government, 136 ; resistance to demands of Crown for troops and money, 160 ; three companies furnished for expedition against Cartagena. 161 : refusal to maintain troops after they had passed into serv- ice of the Crown. 161 ; reasons for refusing appropriations for expeditions against the French, 164. Associators. insurgents assumed government, 123 ; invoked royal intervention, 124. Avalon, Colony at, character of its charter, 14 ; disappointing re- sults. 17. Bacon's rebellion in Virginia, causes of, 105. Baltimore, Baron of. title created, 2. 14. Baltimore Town, its successful founding, 196 : early became a mart of trade. 196. Bancroft. George. tributes to Mary- land legislation upon religion, 86-87. Bennett. Richai-d. one of the com- missioners for the reduction of the plantations within the Bay of Chesapeake. 57. Blackistone, Nathaniel, royal gov- ernor. 1698. 134 : requested to act as agent for the Assembly in England. 134. Boundary disputes ; conflict of boundaries between Maryland and Pennsylvania as defined, 112 : astronomical observations as to location of boundary, 113 ; disputes revived after restora- ti'^'i of proprietary authority, 147 ; points in controversy, 148, 152 ; violence along the border. 150 ; extraordinary agreement, 152 ; Maryland's loss of terri- tory, 155 ] agreement repudia- ted by Lord Baltimore, 157 ; Penns institute chancery pro- ceedings, 157 ; final decision in 1750: argument of the Chancel- lor, 158. 211 212 INDEX. Biay, Ueverend Thomas, ("onimis- sary of the Bishop of London. 96. Hrent. Mistress MtU'sraret, claims seat in AssemlWy, .53. Brown in jr. Mrs. Louisa, sister of Fredericli. Lord Baltimore, 142. 169 : institutes proceedings in chancery to assert her title to Maryland, 169 ; when case comes on for hearing, the Lord Chancellor refuses to proceed on account of existence of Revolu- tionary War, 170. Buckingham, Duke of. not favora- ble to Calvert as Secretary. 8 ; visit to Madrid, 13 ; his policy, 15 ; his death, 16. Calvert, Benedict Leonard, fourth Lord Baltimore, announces ad- herence to the Church of Eng- land. 13S : applies to Queen for pension. 139 ; secures appoint- ment of John Hart as governor, 139 ; death, 139 ; titular govern- or in 16S4 when but five years old. 118. 139: married Ladv Charlotte Lee, 1699, 140 ; di- vorced, 1705, 140 ; member of Parliament. 140 ; summary of character, 171. Calvert, Cecilius, second Lord Bal- timore, grantee of charter of Maryland, 21, 29 ; date of birth and entry at Oxford, 28 ; date of marriage to Lady Anne Arundel. 29 ; expedition for settlement of Maryland, 35 ; Claiborne's hos- tility, 36 ; departure of the Ark and the Dove, 36-37 ; letter of instructions to the colonists, 38 ; letter in respect to claims of .Jesuit missionaries, 47 ; re- view of life and character, 61 ; testimony of historians as to his character, 64, 87 ; draft of laws proposed to Assembly. 70 ; atti- tude of Assembly. 72 ; entitled to credit for establishment of religious toleration. 83 ; his mo- tives in so doing, 87 ; summary o*" char.-icter. 1(1. Calvert. Charles, third Lord Balti- more, appointed governor, 60 ; statement of the motiA^es of his father, Cecilius, in establishing religious liberty, 87 ; accession to title, 1675, 99 : outlawed upon charge of high treason in Ireland, loo : King's warrant for reversal of outlawry, 101 ; visits England in 1676, 102; returns t) P^ngland in 1684, 117 : lives in retirement, 125 ; review of character. 125 : mar- ried .Tane. widow of Henry .Sewall. 128 : married four times. 128: death. 128, 138: his right to the revenues recognized and confirmed by the Crown, 130 ; withdraws son's allowance. 138 ; summary of character. 171. Calvert, Charles, fifth Lord Balti- more, succeeds to title, 140 ; proprietary government restor- ed to him, l40 ; married Mary, daughter of Sir Theodore .Tans- sen, 142 : divorced. 142 : visit to Frederick, Crown Prince of Prus- sia, 142 : association with Fred- erick Lewis. Prince of Wales, 144 ; held various offices from him, 144 : member of Parlia- ment. 144 : Fellow of the Roval Society, 144: Lord of the Ad- miralty, 144 : makes extraordi- nary agreement with the young- er Penns. 152 : after visit to Maryland repudiates agi'eement. 157 : Penns institute chancery proceedings. 157 : final decision in 1750 : reasoning of the Chan- cellor, 158 : summarv of charac- ter, 172. Calvert Coat of Arms, exemplifica- tion issued by Richard St. George, Norroy King of Arms. 3. Calvert. Frederick, sixth Lord Bal- timore, succeeds to title, 158 ; birth, guardians, 162 : travels and ventures in literature and science. 162 : comments of Lau- rence Sterne upon his character, 163 : marriage, 163 : separation from his wife, 164 ; death of Lady Baltimore, 164 ; selfishness of his policy toward Maryland. 166 ; patron of disreputable clergymen, 167 : tried at Kings- ton upon charge of felony. 167 : acquitted on account of incon- sistency in testimony, 168 ; but convicted by public opinion. 168 ; death, 168 : contempt for him shown at his funeral, 168 : devises Maryland to his natural son, Henry Harford, to the ex- clusion of his sister, Mrs. Louisa INDEX. 213 Browning, 169 ; summary of character. 172. Calvert, George, first Lord Balti- more, place and date of nativity, 3 ; origin of ancestors, 4 ; enter- ed Oxford, 4 ; member of Parlia- ment, 5 ; marriage, 5 ; clerk to the Privy Council, 5 ; knighted, 7 ; one of the two principal Sec- retaries of State, 7 : his appar- ent sincerity in advocating the Spanish match, 11 ; conversion to Roman Catholic Church and resignation as Secretary of State, 13 ; interest in American colonization, 14 : venture in Newfoundland, 14 : Lady Balti- more, his second wife. 15 ; naval battle with French cruisers, 16 ; disappointing conditions at Ava- lon, 17 ; application for grant of country to the south, 18 ; dis- suaded by the King, Charles I., 18 ; visit to Jamestown, and re- ception there, 19 ; charter for Maryland promised, 21 ; death, and review of character, 22 ; let- ter of sympathy to Wentworth, 25 ; summary of character, 171. Calvert, .John, Lord Baltimore, shown to be mythical, 99. Calvert, Leonard, father of George Calvert, 3. Calvert. Leonard, son of George, Lord Baltimore, returns to Eng- land with prizes captured in Newfoundland. 16 ; appointed governor of Maryland, 38 ; sup- pressed Ingle's rebellion, 53 ; death, 53. Calvert. Philip, brother of Ceci- lius. Lord Baltimore, appointed governor, and afterwards secre- tary, 60. Carlyle, Thomas, History of Fred- erick the Great; mention of Charles, fifth Lord Baltimore. 143. Cartagena, expedition against. See Assembly of Maryland. Cecil. Sir Robert, patron of George Calvert. 5. Charles I., King ^rted from Eng- lan to America, 126, 189. Convict labor, policy of England in sending convicts to the colo- nies, 189 ; opposition on the part of provincial government, 190. Coode. John, character, 122 ; lead- er of insurrection, 123 ; denied seat in Legislature, 132 ; flees to Virginia under indictment. 133. Cook, Ebenezer. author of Not- weed Factor. 191, 19;{. Copley, Sir Lionel, royal governor, 124 ; his administration, 129 ; death, 132. Copley, Thomas, Jesuit mission- ary' 45 ; letter to (^ecilius. Lord Baltimore. 4<'). 50. Cornwaleys, Thomas, commission- er for government of Province, 38 ; commander of vessel sent 2U INDEX. against Claiborne, 43 ; assists Richard Ingle in escaping from arrest, 51 ; departs with him for England, 51. Cotton, John, views as to religious toleration, 80. Counties Palatine, on the conti- nent of Europe, 32 ; policy of William the Conquerer in rela- tion thereto, 33 ; palatinate au- thority of the Bishop of Dur- ham, the measure of that of the Lords Proprietory of Maryland, 30, 34. Courts Baron, authorized by char- ter, 184 ; ancient origin, 185 ; proceedings of Court at St. Ga- briel's Manor. 186 ; proceedings of Court at St. Clement's Man- or, 187. Courts I^eet. origin and jurisdic- tion, 185 : record of proceed- ings at St. Clement's Manor, 187. Cresap, Thomas, stout bordei'er, 150 ; taken prisoner to Philadel- phia, 151. Crossland. Alicia, mother of George Calvert, first Lord Balti- more, 3. Currency, first issue of paper money in the Province, 179 ; tiee CuiiiiKjc and Tuhacco. Davis, ^Yilliam and Pate, John, leaders of insurrection, 110 ; hanged. 111. Dove, the (pinnace). See Ark and Dove. Eddis, William, surveyor of cus- toms at Annapolis, 201 ; letters from America, 201 ; descril)es gaiety of Annapolis society, 203. Eden, Kol)ert, married Caroline, younger sister of Frederick, Lord Baltimore, 169 : appointed governor of Maryland, 169 ; re- tires from Province, 170 ; de- parture for England, 209. Education, conditions during ear- lier period. 199 ; efforts to estab- lish a high school and their fail- ure. 199 ; King William School. 199 : Maryland youth educated at European universities, and in neighboring colonies, 209. 1 nerton. Ladv Diana, daughter of the Dnke of Bridgewater. 163; married to Frederick. Lord Bal- timore, 163 ; separated from her husband, 164 ; death, 164 ; E]velyn, George, attorney for Clo- berry & Co., supersedes Clai- borne, as their agent, 44 ; Com- mander of Kent Island. 44. Fendall, Josias, appointed govern- or and proves a traitor, 59. Fraudulent Map, with Cape Hen- lopen falsely located, 153. Frederick, Crown I'rince of Prus- sia, estimate of Charles, fifth Lord Baltimore. 142, 143. Frederick, the Elector Palatine, accepts crown of Bohemia, and risks his hereditary domain, 12. Frederick Lewis, Prince of Wales, friend and patron of Charles, fifth Lord Baltimore. 144. Fuller, William, Puritan settler at Providence, 57 ; one of the Coun- cil of Government under com- mission of Parliament, 57 ; treacherously kills prisoners of war, 58. General Assembly. See Assemhli/ of Maryland. German settlers established west of the Blue Ridge Mountains, 193 ; encountered border war- fare, 193 ; introduced new sys- tem of agriculture, 194 ; estab- lished roads and liigliways, 195. Gladstone, William E., views ex- pressed as to toleration in Mary- land, 82, 83, 84. Gondomar, Count, Spanish Ambas- sador, 9 ; accused of bribing Sir George Calvert, 9, 10 ; his skill and influence, 11 ; said to have converted Calvert to the Roman Catholic faith. 23. (ioodman, Godfre.v. Bishop of Glou- cester, reference to his History of the Court of King James I., 23 29. (Jreat Seal of Maryland, 141. (xreene. Thomas, governor, 53 ; proclaims Charles II.. King, and is removed from office, 56. Harford, Henry, natural son of Frederick, Lord Baltimore. 169 ; devisee of the Province of Mary- land. 169; proclaimed proprie- tary, 169. INDEX. 215 Hart, John, royal governor, 1714, 185 ; recommissioned goveruor for tbe proprietary, 1715, 141. Hattou, Thomas, secretary of the I'rovmce ; accepts office under the commissioners of Parlia- ment, 57. Ilawley, Thomas, commissioner for government of Province. 38. Ilerrman's map, made in 1670, published in 1673, 154. Hervey, Lord, estimate of Charles, fifth Lord Baltimore. 143. Ilolt, Lord Chief Justice, remark- able opinion rendered by, 124, 129. Indented servants, 126 ; terms of contract, 187 ; condition of such servants in 17th century, 188. Indians, friendly negotiations with I'ascataways. 42 ; outbreak of northern Indians in 1676, 102. Indian Arrows, yearly tribute for the Maryland Province, 32 ; re- ceipts for their delivery at \Yindsor Castle, 63. Ingle, Richard, arrested at St. Mary's and escapes, 51 ; inva- sion and rebellion, 52. Insurrection in Maryland, led by Davis and Pate, 110. James I., King of England, favor- able to George Calvert, 6 ; ca- pricious character, 8. James II., King of England, as Duke of York gives William I*enn deed for Delaware, 117. 148 ; Quo icarranto proceedings instituted to annul charter of Maryland. 117 ; defeated by downfall of James, 118. Janssen, Mary, daughter of Sir Theodore Janssen. 142 ; mar- ried to Charles, fifth Lord Balti- more, 142 : divorced, 142. Jesuits, controversies with Ceci- lius. Lord Baltimore. 45 ; claim as to supremacy of canon law, 46 : refusal to take part in leg- islation, 51. Johnson, Gen'l Bradley T.. opin- ion as to origin of act concern- ing religion, 85. Kent Island, inhabitants depend- ent upon supplies from without. 43 : trading post established there prior to the settlement of Maryland. 174. Lake, Sir Thomas. George Cal- vert's predecessor as one of the principal Secretaries of State, 7. Landing of Colonists, 42, 174 ; na- ture of country, 175; modes of communication, 175 ; abundance of game, 176. Lee, Lady Charlotte, wife of Ben- edict Leonard, Lord Baltimore, 14u: divorced, 140; daughter of Earl of Litchfield, 140 ; grand- daughter of Charles II. and Bar- bara Palmer, Duchess of Cleve- land, 14U. Lloyd, Edward, President of the Council and acting governor, 1709, 135. MoMahon, John V. L., opinion of the Maryland charter, 29. Markham, William, Penn's deputy. 112 ; avoids determination of boundary, 114. Mason and Dixon, final survey of boundary between Maryland and Pennsylvania, 159. Mathew, Sir Toby, schoolmate of George, Lord Baltimore, became a Jesuit, 24. More, Father Henry, I'rovincial of Jesuit Society in England ; in- fiuence in settling disputes be- tween Lord Baltimore and the missionaries, 48 ; adviser of Ce- cilius. Lord Baltimore. 84. More. Sir Thomas, views upon re- ligious liberty, expressed in Utopia^ 85. Morton, Sir Albert, successor of George Calvert as principal Sec- retary of State. 13. Mynne. Anne, daughter of John Mynne, married George Calvert, first Lord Baltimore, 5 : death. 15. Naunton, Sir Robert, George Cal- vert's colleague as principal Sec- retary of State. 7. Nicholson, Francis, royal governor, 1693. 132 ; character. 133 ; in- terest in education. 133, 134. Xotley, Thomas, deputy governor, 102, 110. Palatines. See German settlers. Pate, John. See Davis and Pate. 216 INDEX. r*enn. William, grant of Pennsyl- vania, 111 ; conflict of boundaries, 112; correspondence with Lord Baltimore, 112 ; correspondence with Maryland settlers, 112 ; as- tronomical observations as to boundary, 113 ; eagerness for outlet on the Chesapeake, 115 ; extraordinary proposals made to Lord Baltimore. 115-116 ; ac- (luires deed to Delaware, 117 ; procures institution of Quo %car- runto proceedings to annul the -Maryland charter, 117 ; efforts defeated by downfall of James IL, 118. Political changes : result of a quar- ter of a century of the suspen- sion of the proprietary authori- ty, 145 ; privileges guaranteed in charter, 145 ; effect of con- stitutional changes in England seen in new light, 146 ; disposi- tion lo extend operation of En- glish law to Maryland, 147 ; I'olitical life ; growth retarded by absence of towns, 197 ; develop- ed by increase in taxation, 198 : and the rise of a municipal or- ganization, 199. Puritans, in Virginia, 54-55 ; set- tlement in Maryland, 55 ; dissat- isfied with religious liberty, 56. Quakers, restrictive orders con- cerning, 91. Rangers, maintained as constabu- lary, 196 ; emulated savages in costume and appearance, 197. Rapin de Thoyras, reference to his History of England, 10. Redemptioners. See Indented ser- vants. Religious Toleration, policy of Ce- cilius. Lord Baltimore, 66 ; proc- lamation on the subject, 67 ; punishment for violations, 67 : oath prescribed for Governor Stone, 69 ; act concerning relig- ion, 1649, 71 ; its principal feat- ures, 74 ; its probable author- ship, 78 ; approved by Lord Bal- timore as amended, 79 ; compar- ison with contemporary practice, 79 ; policy in Massachusetts, 80 ; policy in Virginia. 81 ; order in respect to Summer Islands, 82 ; ordinance of 1647, 82 ; restric- tions during sway of royal gov- ernors, 97. Restriction of suffrage, 106. Revolution, The American, prepar- ation for rupture with England and for war, 208 ; deliberate and moderate action in Maryland, 208 ; close of colonial period, 209. Revolution of 1689. See Associa- tors. , Robin, L'Abbe, chaplain with French troops in the revolution- ary army, 202 ; description of Annapolis, 202. Roman Catholics, prohibited from voting by conjmissioners of par- liament, 58 ; restrictions upon, 97 ; rumors as to conspiracy, 122. Rolling roads, their origin and use, 181. Rousby, Christopher, collector of customs, killed by George Tal- bot, 119. St. Claude, (ship), loaned to George, Lord Baltimore, 17, 20. St. Mary's, City of, petition against removal of seat of government, 131. Sewall, Jane, widow of Henry Sew- all, daughter of Vincent Lowe, married Charles, third Lord Bal- timore, 128. Seymour, John, royal governor, 1704, 134 : his address to Roman Catholic priests brought before him, 134 ; attempts to grant charter to Annapolis, 134 ; final- ly secures one from the Assem- bly, 135 : death. 135. Slaves, — ^African, importation of African slaves to the American colonies insignificant until after treaty of Utrecht, 190 ; effect upon white labor, 191. Smith. Thomas, commander under Claiborne, arrested, 43 ; con- demned to death for piracy, 45. Sot- weed Factor^ (in verse), de- scription of social conditions. 191 ; description of Annapolis, 192. Spanish Match, negotiations con- cerning. 9 ; Calvert's advocacy, 9 ; termination of negotiations, 13. Stone, William, first Protestant governor of Maryland, 54 ; oath INDEX. 21 of office re(iuired of him, 7A ; ac- cepts office from the commission- ers of Parliament, r>7 : reasserts jiuthority of the proprietary, HK : defeated by Fuller and cast into prison, r»s. Talbot. (Jeorge, president of board of deputy governors, 118 : kills Christopher KousI)y. a collector of roj'al revenues. 119 ; deliver- ed to Virginia authorities. 119 ; remanded to England for trial, 120 : escapes from jail. 120 ; con- demned to death at Jamestown. 120 ; pardoned. 120. Tench. Thomas. President of the council, and acting governor. 1701, 1.34. Theatre, first in America estab- lished at Annapolis. 204 : patron- age of the drama in Maryland. 205. Till'eres, French Ambassador, tril)- ute to George Calvert's integri- ty of character. 10, Tobacco, early became a staple pro- duct. 177 ;' its use as currency, 177 ; overproduction, 177, 180 : lack of ports for shipment, 181 : method of rolling hogsheads to landings, 181 ; efforts to restrain production. 182 ; opposition to restriction. 182 : contention on account of fees of public officers, 18o ; compromise effected, 18.3, Truman. ;Major Thomas, treacher- ously kills Indian envoys, 10.3 : impeached by the Assembly. 10;'» ; but escapes punishment by that body. 104: punished l)y Lord Baltimore, 104. note. U tophi, described as a place of re- ligious liberty, 85. View of Frank Pledge, probable origin of term. 185. Vital statistics, comparison of the duration of life of the several Lords Baltimore, 173, Walpole. Horace, estimate of Charles, fifth Lord Baltimore, 143. Wentworth. Lord, letter from George, Lord Baltimore, to, 25, Wharton, Jesse, deputy governor, 102. White, Father Andrew, Jesuit priest and missionary, 45 ; ac- count of voyage to Maryland, 42, 175. William and Mary, accession to the throne, 120 ; proclamation in Maryland delayed, 120 ; royal governor appointed, 124 ; recog- nition of, in Maryland, 129, Winthrop, .John, views as to relig- ious toleration, 80. Women, immigrants to America, causes assigned for leaving Eng- land. 188 ; their fate not always adverse, 188. Lbi\^22 J^ umiif ,y ilif \f„p ,,y^,.^^,/ /,, '" lelattoH lo llu liouiidary l.itif. V P .1 % /"