THE DAY-STAR.








TIlE
DAY-STAR
OF
AMERIlCAN FREEDOM;
OR
THE BIRTH AND EARLY GROWTH
OF
TOLERATION,
IN
THE PRIOVINCE OF MIARYLAND:
WITH
A SKETCII OF THE COLONIZATION UPON THE CHiESAPEAKE AND ITS TRIBUTARIES,
PRECEDING THE REMOVAL OF THE GOVE;RSNMENT FRO3I ST. MARY'S TO ANNAPOLIS;
AND
A Glimpse qf the,numbeirs ad General State of Society, of the Religion
and Legislation, qf the Life and Mllnners of the Mfen, who Worshipped'in the Wilderness,,at the First Rude Altar of Liberty.
BY GEORGE LYMN-LACItLAN DAVIS,
OF THE BAR OF BALTIMORE. 
NEW YORK:
0. SCRIBNER, 145, NASSAU STREET.
1855.




ENTERED according to Act of Congresa, in thlle year 155, by
GEO. LYNN-LACIILAN DAVIS,
In the Clerk's Office of the U. S. District Court, for the District of Maryland.
W'. H. TINSON, STERROTYPER.                             GEO. RUSSELL & CO., PRINTERS.




D E D I C A T E D
TO
THE STATE.
Kay yap iy rarpt'f ~pZP   ritc  Ur7t Tyg  KadroTv }Ee- veW,'erfrep Kda
6 7rar7p.- PORPHYRY..... ro  eToiu, i6taray,..  - S.. PAUL.








PREFACE.
TEE papers, I will cite, are, most of them, taken from
the Archives, at Annapolis, and at London. Those at
the Capital of my State, may be seen in the Executive
Chamber, in the Armory, in the Hall of the Court of
Appeals, in the Land Office, or in the Office of the
Register of Wills. And the documents transmitted to
me, were obtained, through the aid of an Index, from the
English State-Paper Office.
For the sake of brevity, I will generally omit the
depository.  The two Records designated by A. B.
& HI., and by Q., can be consulted, in the Land
Office. Where the " No." of the Liber is simply given,
the citation has been made from the same office. The
"Laws," and "Judgments" belong to the Court of
Appeals; and are kept, either in the Hall, or in the
Armory. In all other cases, the nature of the subject
will indicate the place, from which the paper is taken.
The Index, which has aided me, in sketching the Revo



Viii                   PREFACE.
lution of 1689, was presented to our Historical Society.
It is the gift of my generous countryman, Mr. Peabody,
of London; and the key to a rich store-house of documents and facts, preserved at the great city, from which
so many of our forefathers came.
To Mr. Jas. Frisby Gordon, and Doct. Fisher, of
Kent; to Mr. Benj. Ed. Gantt, of Anne-Arundel; to
Messrs. Palmer, and Harrison, of Queen Anne's; to
Messrs. Hopkins, and Donoven, of Talbot; to Mr.
Win. A. Jarboe, of Prince George's; to Col. Wm.
A. Spencer, and the Hon. Jas. Murray, of Annapolis; I
beg leave to express my thanks, for their polite attention, during my examination of the Archives, in the
offices, they respectively occupy. To most of them, am I
further indebted for communications addressed me, as
marks of their courtesy, in reply to a great variety of
inquiries. And my acknowledgments are due to the
memory, also, of Owen Norfolk, the late clerk at UpperMarlborough.
I am under an additional obligation to the librarians,
and other officers, in various parts of this State, for the
privilege extended me, as an author, of consulting any of
the books in their custody. Nor can I fail to confess my
sense of gratitude, for the interest so generously manifested in the success of all my researches, by many other
gentlemen of Maryland, especially by the.members of the
Bar, and of the Bench, not only in the communication of
important facts and suggestions, but also in the loan of
valuable private manuscripts.  I may here venture to




PREFACE.                   ix
individualize the Hon. John' Carroll Le Grand, Saml.
Tyler, Esq., Prof. Evert MA. Topping, Win. Meade Addison, Esq., Prof. Saml. Chew, Hon. E. Louis Lowe, Doct.
Peregrine Wroth, Rev. Saml. R. Gordon, Jas. E. Barroll,
Esq., Prof. George Fenwick, and Genl. Thos. F. Bowie.
And there are a few personal friends not named in this
Preface, nor confined altogether to my own sex, whose
companionship has occasionally lightened my labor;
whose bright sympathies have shed a sun-shine over the
heart, in the hour of toilsome solitude; whose aid, and
whose many kind offices, will be sweetly, and sincerely
remembered.








CONTENT S.
CHAPTER I.
Toleration-Its Logical Relations-Its History cannot yet
be Properly Written,... 15
CHAPTER II.
The Visible Influence of Ideas —The Charm of External
History-Illustrations from Islamism, from Christianity,
and from Toleration,.19
CHAPTER III.
The Toleration Secured by the Charter for Maryland,..  26
CHAPTER IV.
The Toleration under the First Governor,.36
CHAPTER V.
The Toleration Implied by the Official Oath,..    39
CHAPTER VI.
The Assembly of 1649-Kent, and St. Mary's RepresentedSketch of their Early History-Passage of the Tolera.
tion Act,    *...  41




CONTENTS                        Xiii
PAQG
CHAPTER XV.
Cecelius, the Lord Proprietary —His Life, Character, and
Family,.. 162
CHAPTER XVI.
Governor Leonard Calvert,.. 171
CHAPTER XVII.
Governor William Stone,. 175
CHAPTER XVIII.
Governor Thomas Green,.. 181
CHAPTER XIX.
Col. John Price,. 183
CHAPTER XX.
The Honorable John Pile,. 186
CHAPTER XXI.
Capt. Robert Vaughan,.. 190
CHAPTER XXII.
The Honorable Robert Clarke,.                             195
CHAPTER XXIII.
The Honorable Thomas Hatton,.                            200
CHAPTER XXIV.
Mr. Cuthbert Fenwick,.. 207
CHAPTER XXV.
Mr. Philip Conner,....... 220




2xiv                      CONTENTS.
CHAPTER XXVI.
Mr. William Bretton,........ 224
CHAPTER XXVII.
Mr. Richard Browne,........ 229
CHAPTER XXVIII.
Mr. George Manners,.                                      231
CHAPTER XXIX.
Capt. Richard Banks,.                                     233
CHAPTER XXX.
Mr. John Maunsell,.                                       237
CHAPTER XXXI.
Mr. Thomas Thornborough,. 242
CHAPTER XXXII.
Mr. Walter Peake,.                                        247
CHAPTER XXXIII.
Conclusion,. 254
AP PE N D I X.
No.  I.-Emigrants from England,.       261
"   II.-Settlement upon the Bohemia,... 269
"  III.-Faith'of the Jurors, in the case of the Piscataway Indians,.      270




THE DAY-STAR.
CHAPTER I.
Toleration-Its Logical Relations-Its History cannot yet be
properly written.
THE march of the mind is slow. Of Islamism,
the faith for twelve centuries of a fifth part of the
whole human race, no real history, it is sad to
think, has ever been written; and the most profound men of Europe confess their ignorance of
the subject. It also admits of the gravest doubt,
whether'we yet have, in the truest and most comprehensive sense, a history of Christianity. And
it is vain to hope, in the present state of knowledge, for a satisfactory history of Toleration.




16               rThl E DAY-STAR.
Notwithlstanding a reg(ard fbi thle righlts of conscience, the laws of' our own nation have always
evinced a greater sympathy for the Christian than
for any other form of belief; while no government
has existed without some kind of religious theory;
nor has any state, in modern times, at periods even
of the wildest anarchy, gone far enough to deny
its own ethical nature, or reject that element which
constitutes the ground-work and condition of its
being.
The Church  of no  Christian  country, on the
other hand, is prepared, either upon the Protestant,
or upon any other basis, to acknowledge the
supremacy of the State, or surrender  the jurisdiction it exercises over questions of faith and ethics
-questions, which  touch  the  very  heart of
humanity, and connect us with the invisible world;
but work, at the same time, such deep changes in
states and empires-having occasioned more
1 The English Church may be oppressed, or enslaved. But it is
a great mistake to suppose she has ever acknowledged the supremacy of the Civil Magistrate. See Magna Charta, the Works of
Lord Coke, and the late Writings of the Rt. Rev. Doct. Philpott,
of the See of Exeter.




ANTAGONISM.                17
bloodshed, since the martyrdom of St. Stephen (to
say nothing of the church controversy, which now,
alas! involves the European nations in a fresh
conflict) than any of the subjects,:which ever
engage the attention either of kings or of courts,
of cabinets or of parliaments.
The antagonism  between the State and the
Church, under the existing order of things, may
not, indeed, be observed by the ordinary eye. It
may apparently sleep, for a season, or for a century. But it is not the less real; and not the less
destined, sooner or later, to unfold itself, in all its
terrific energy. The advocates of Toleration will
then be ready to proclaim, that atheism is the
proper fundamental principle of the State; and its
opponents, that faith is the foundation of ethics,
that the notion of a perfect state implies a church
of the same character, that the one is but identical
with the other, and that under a more beneficent
arrangement of Providence, a higher law of
society, and a nobler system of civilization, the
identity will be fully and triumphantly revealed.
Before the termination of this contest (probably
the most momentous, if not the most bloody, which




18               THE DAY-STAR.
man will be called upon to endure), it will be
impossible to find the central-point involved in the
great problem of Toleration; or to grasp it, in all
its highest logico-historical relations.




ISLAtMISM.                 19
CHAPTER II.
The Visible Influence of Ideas-The Charm of External HistoryIllustrations from Islamism, from Christianity, and from Toleration
YET Islamism  has undoubtedly a meaning.  Of
its external history, do we also know something.
Amid the fiery sands and deserts of Arabia, a
thought strikes the mind of a man. To him, it is a
vision; to us, a small cloud upon the horizon, destined to overspread the firmament. In the one, we
see the image, and the hand of God; in the other,
are locked up the living forces of nature. Out of
the brain of a wild, but earnest son of the wilderness, springs forth, with the rapidity of magic, a
vast and magnificent empire; having its strong and
impregnable centre in the East, but extending its
dominion to the very confines of the West; clad,
indeed, with all the terrors of the sword, but deriving its original strength from the simple words, he




20                TIHE DAY-STAE.
had uttered; the grandest and boldest embodiment,
(however imperfect,) we have so far witnessed, of
the identity (if I may tread upon forbidden ground')
of the temporal with the spiritual authority; at one
moment, threatening to absorb the Christian nations
of Europe; at another communicating to their civilization that impulse, which will be felt through all
ages I a rich, and gorgeous picture! perplexing, it
is true, the judgment of the historical critic; but
dazzling the imagination, elevating the fancy, and
(may I add?) purifying the heart.
In spite, also, of the little that is known of the
higher relations, or the logical harmonies of ecclesiastical history, there is something which touches
a still deeper spring in the simple and short story
of the Cross-of the visible struggle of Christianity,
during the first three centuries, with the Paganism
of a great empire-of the mild and serene triumph
of the church, at the end of that period, amid the
shocks and convulsions of society, over all the phy1If Newman and Ranke touch this subject with so much
caution, an unwillingness in myself to go beyond a mere suggestion, indicates no affectation of modesty.




CHRISTIANITY.              21
sical, intellectual, and other powers of the civilized
world. From the Crusades to the present, from
childhood to hoary age, over the dream of the virgin, and the meditation of the matron, over men of
every taste and of every type, it has exerted a
magical influence. This moment, I study it, with
a more passionate fondness, than "The Arabian
Nights," or the most truthful and enchanting pieture, the hand of man has sketched, either of domestic manners, or of Oriental magnificence and
renown. There is nothing approaching it, upon the
pages of the historical record —nothing, in the glory
of Grecian combatants, or the march of Roman
legions —in living, or in dying gladiators; or victorious generals, whose returning "' chariot-wheels"
were " graced" by kings " in captive bonds."
The Crescent and the Cross have, each of them, a
charm.  They represent the two great historical
Ideas; they mark the two grand epochs in the
destiny of the human race. As the fallen column,
amid the ruins of the Acropolis, retains the traces
of a high creative art, so man, with all his grossness, still proclaims the divinity of his original
nature, by the interest he manifests in the contest




22              THE DAY-STAR.
of the intel!ctual with the physical forces; by the
sympathy he feels for the spiritual world; by the
sacrifice he so joyfully suffers, for the sake of his
conscience; by the pride he exhibits at the
triumph of a cherished faith; and by the pleasure
he derives from the study of those ideas, which
have wielded their influence over any considerable
portion of society. His ideality is the secret of
that true historic dignity, which belongs to the
colonization of America. Scarcely a settlement,
or a colony was founded, which cannot, more or
less, be traced to the agency of some religious
idea. And the remark includes the landing of
the Pilgrims, at St. Mary's, in the year 1634.
It forms the key to the earliest history of the
province-the pivot to the primitive policy and
legislation of the State-and the centre of so much
that is interesting in the traditions and recollections, which have been handed down to our own
generation. The idea, which our ancestors brought
with them to the forests of Maryland, was apparently feeble, in the beginning. But it soon began
to show its strength; and like all ideas having
vitality, it was progressive. The acorn has since




IDEALITY.                 23
become an oak; the fountain a majestic river.
Though it seems to be but half developed (for
Toleration is yet without a strict definition, or a
symbol), it has already, under a variety of shapes,
but all of them substantially the same, become an
active element in the religious and political life of
a great and colossal confederacy. Judging from
the past, it is destined.to occupy a still wider field,
to over-run other countries, to revolutionize distant
nations, and to achieve a greater, a more glorious
conquest over the human mind. If we may speak
from its visible results, it would be but just to say,
its career has so far been bright and hopeful.
Viewing it from  the Anglo-American side, from
the popular theory of religious liberty, we cannot
feel too grateful for the blessings, it has conferred;
for the prospect, it presents to other portions of
humanity.  Its developments, indeed, I cannot
give; its history, in the proper sense, I cannot
write; for that involves relations of a logical sort,
which no one living can state upon any of the
received hypotheses either of Europe, or of America. But we have much information respecting
its external history; something also will I tell of




24               THE DAY-STA R.
its origin and early growth in this country; nor do
I disguise the pride a Marylander imust feel, in
sketching the following facts. And I think, in the
course of this brief narrative, I will be able to
suggest a solution to some of the problems which
now engross the attention of the nation. Who
were the originators of the idea? and what was
their faith? are but two of the questions I am so
often asked. Addressed by respectable persons,
tortured with inquiries upon those and other interesting points, I am urged to speak. And the
settlement of open questions in the history of this
continent, is surely a matter of no trifling consideration in the present state of the national mind,
giving such striking indications of excitement in
every quarrter, from  the St. Lawrence to the
Pacific. Most gladly, then, if I could, would I do
the state some service; and I hope at a future day
to give a perfectly satisfactory answer. But my
life is one of accidents; and the history I am writing
of the colonization of Maryland, may demand the
unsparing toil of several more years. From my
portfolio I will, therefore, take a few papers, and at
once respond; from the shadows of my solitary




OPEN QUESTIONS.           25
chamber, from the dry and dusty records, from the
living oracles of the past, I will now address the
millions of my countrymen.
2




26                THE DAY-STAR.
CHAPTER III.
The Toleration Secured by the Charter for Maryland.
THE charter' was a compact between a member
of the English, and a disciple of the Roman
church; between an Anglo-Catholic king and a
Roman Catholic prince; between Charles the
First of England, and Cecilius, the second baron
of Baltimore, and the first lord proprietary of
Maryland.  To the confessors of each faith, it was
the pledge of religious freedom.  If not the form,
it had the spirit and substance of a concordat, in
the sense quite as strong, as any of those earlier
charters of the English Crown, to which the chief
priest of Rome was, in any respect, a party.  This
is the inference faithfully drawn from a view of
the instrument itself; from a consideration of the
facts and circumstances attending the grant; and
The Charter was given in 1632. There is a copy in Bacon's
Laws, in Bozman's Maryland, and in Hazard's Collections.




THE CONCORDAT.                      27
from a study of the various interpretations, essays,
and histories, of the many discourses, and other publications, which have appeared upon this prolific
theme. It accounts for the prohibition of every construction  inconsistent with  the  " true  Christian
religion 1"'-an expression coming from the lips of an
English king, and resembling a clause in the first
charter for the Anglo-Catholic colony of Virginia 2
The words in the English copy (see Sec. 22 of the Charter) are
"God's holy and true Christian religion;" in the Latin (see Bacon
and Hazard), " Sacrosancta Dei et vera Christiana religio."  To
Mr.)Brantz Mayer (see his Calvert and Penn) is due the credit of
pointing out a grammatical inaccuracy in the English translation.
We are indebted to Mr. S. F. Streeter also (see his Maryland Two
Hundred Years Ago) for a learned note of a subsequent date.
The former's translation is, "God's holy rights, and the true
Christian religion;" the latter's, " the holy service of God, and
true Christian religion;" and my own, "the most sacred things
of God, and the true Christian religion."  Mr. Mayer, indeed, suggests, in a note, the agreement of " sacrosancta " with " negotia;"
and gives no sufficient reason, it strikes me, for substituting
" rights " for " things."  See his text, p. 28. The substitute is too
narrow; and I cannot, therefore, adopt it.
2 In the Charter of 1606 occur, "the true word and service of
God and Christian faith;" in the one of 1609, " the true worship
of God and Christian religion;" and in the orders of 1619 and




28                   THE DAY-STAR.
-but, in a grant to the Roman Catholic proprietary, intended, doubtless, as a simple security for
the members of the English church.  It suggests
the reason also, why the obligation to establish the
religion of Englishmen was omitted in the case of
Maryland; but expressly or tacitly imposed, either
by the charters or by the orders given to most, if
not all, of the other Anglo-American colonies.' It
is not less in harmony with the supposition of
King Charles's regard for the rights of his AngloCatholic brethren, who subsequently came to St.
1620, " the true religion and service of God." These expressions
clearly refer to the religion of the English Church in a strictly
exclusive sense. See Henning's Collection, and the preceding
publication of Mr. Streeter, pp. 71-76. " The true Christian faith,
now professed in the Church of England," is a clause in the letters
patent to Sir Walter Raleigh. See Streeter, p. 73. See also, in
Streeter, the Charters to Sir Edmund Plowden for New Albion,
and to Sir Ferdinando Gorges for Maine. "Worship and religion
of Christ," in the 4th sec. of the Maryland Charter, doubtless refers
to the English Church.
1 The Virginia Charter of 1609 virtually excluded the Roman
Catholics; so did the one for New England to Fernando Gorges
and other persons, in 1621. See Streeter. Other cases could be
cited.




THE CONCORDAT.                   29
Mary's, than with that generally admitted sincerity of Lord Baltimore, which cannot be reconciled to the notion of his accepting a grant directly
opposed to the principles, or to the practice of his
own faith. It is supported by the fact, that the
object of the Calverts, in asking for the charter,
was to found a colony, including the members,
respectively, of the English, and of the Roman
church-an object which, we cannot doubt, was
known to the king, who signed the instrument.
And it is fully confirmed by the action of the provincial legislature-the best commentary upon the
spirit of the charter-and by one of the first
judicial decisions still preserved upon the records.
Within a short period after the landing of the
Pilgrims, an act was passed, declaring, that "Holy
Church " should enjoy "all her rights;" and, a
year later, it was followed by another of the same
purport.' These words were clearly taken from the
1 The Act of 1639 declares that, " Holy Church, within this province, shall have all her rights and liberties;" the one of 1640,
that, " Holy Church, within this province, shall have and enjoy
all her rights, liberties, and franchises, wholly and without blemish."
See Bacon, Bozman, and many other authorities. A bill also of




30                    THIE DAY-STAR.
great charters of the English Crown, in the days
of the  ZNormans and of the Plantagenets;' and,
in  both  cases, the  term  "'Ioly"'  included  the
English as well as the Roman  church.2   We will
1639 says, " Holy Church, within this province, shall have all her
rights, liberties, and immunities, safe, whole, and inviolable in all
things."
The Charter of King John stipulates that the English Church
"shall be free, and shall have her whole rights and her liberties
inviolable;" the first one of Henry the Third, that she shall " be
free," and " have her whole rights and liberties inviolable;" the
second of the same king, that " she shall be free,'" and " have her
whole rights and her liberties inviolable;" the third, that she
" shall be free, and shall have her whole rights and her liberties
inviolable;" and the first of Edward the First, that she " shall be
free," and " have her whole rights and liberties inviolable."
2 It is surprising to think, how some of our historians have been
embarrassed in the attempt to interpret the two acts of the
Assembly. The close resemblance of our early legislation to the
charters I have cited does not seem to have occurred to Chalmers,
Hawks, Allen, and many others. If the case of the Rev. Francis
Fitzherhert, in another note, be any authority, the " doctors of the
Church' were by no means " puzzled." There is also a striking
analogy between our primitive forms or precedents, and the
expressions contained in the charter of King John. Compare, for
instance, the oath of the Privy Councillor, in 1648, to " delay or
deny right " to "none," with the fortieth section of that charter.




THE CONCORDAT.                    31
see that "' Holy Church" was used, at a subsequent
period, in a much more comprehensive sense.
But neither in the early English charters, nor in
the two preceding acts of the Assembly, did the
words secure anything but the rights of the
Anglican, and of the Roman Catholic. In the
case of Lieut. Wim. Lewis, the Roman Catholic,
convicted, in 1638, of violating a proclamation,
by improperly engaging in religious controversy,
and thereby disturbing the "peace"' of the colony;
the main ground of the offence consisted, in his
inveighing against the Protestants, for reading a
book' "allowed" by "the State of England."  Such
Each section of the charter has, indeed, been called a statute.
And the law of 1639, including the section relating to the Church,
may be regarded as a series of acts partaking of the nature of a
Magna Charta. Certain it is, that, in the Charter of King John,
"Holy Church" occurs in a sense distinct from "Holy Roman
Church," as well as from " English Church." It can bear but one
interpretation. Both in the early charters, and in the acts of our
Assembly, it clearly includes the Anglican not less than the
Roman Catholics.
1 The case of Lewis has so often been published (see, e. g., Bozman, vol. 2, pp. 83-85, and 596-598), that it is necessary only to
add, the proclamation of Governor Calvert prohibited " all unsea



32                  THE DAY-STAR.
was the test of an Anglo-Catholic's rights, under
the earliest practice  of the  government.   Such
was the doctrine in the case which has been cited;
such the opinion of Mr. Secretary Lewger, a
justice of the Supreme Court; and such the
decision of Leonard Calvert, the lieutenant general or governor, and the chief justice of the province.  "iHoly,"  as well as " Catholic," we know
also, is used in creeds common to the English and
to the Roman church.  And " Catholic " is a term
not unfrequently  applied, upon  the  provincial
records, to the Church of England.' The little
chapel also, near the Fort at St. Mary's, the place
for the worship of the Anglo-Catholic colonists
before the arrival of any of their ministers, and
sonable disputations, in point of religion, tending to the disturbance of the public peace and quiet of the colony, and to the
opening of faction in religion." See 2 Bozman, p. 83.
In 1642, "the Protestant Catholics of Maryland" are mentioned upon the Records-intended, no doubt, for the members of
the English Church. See their petition to the Assembly, in 2 Bozman, p. 199. In some, also, of the early wills, "Catholic " is
applied to the Church of England. See the one of Thos. Banks,
in 1684, Lib. G., p. 126.




THE CONCORDXr.                   33
given by most writers to the Protestants, was probably not their property exclusively, but erected
with the joint funds or contributions of the Roman
and of the Anglican Catholics. The key to it
was seized, in 1642, by Doctor Gerrard, a prominent Roman Catholic,' and upon the ground of
some claim,  if we may judge from  an expression
in the decision against him. In the proposal, about
the same year, for a transfer of the premises to
Lord Baltimore (an arrangement not immediately,
if ever at all, effected), another Roman Catholic
gentleman was the ostensible owner or representative of the title. And there is evidence to show,
that at a very early period, the graveyard was the
usual burial-place of the Roman Catholics.' Some
also of the colonists, who held land, under Doctor
G-errard, as the lord of St. Clement's Manor, as
See the case of Thos. Gerrard, in 2 Bozman, pp. 199-200.
Such, it seems, was the fact, from the will of John Lloyd, of
St. Mary's-a Roman Catholic, who expressed the wish to be
interred "in ye ordinary burying-place, in St. Mary's chapelyard." See his will of 1658, in Lib. S., 1658 to 1662, Judgments,
pp. 74-75.
2*




34                  THE DAY-STAR.
well as the Doctor's wife,1 were Protestants.  And
he, and other Roman Catholics, it is not unreasonable to suppose, were partly instrumental in building this little temple, in token  of the concord2
between the English and the Roman Catholic; and
where each, at his own appropriate hour, might
offer up his sacrifice to the Most HIigh.
Faithfully did Cecilius, the proprietary, execute
the pledge he had given to the members of the English church. How intoxicating is the taste of power!
How apt are we to forget the obligation we owe to
those whom  we command!  How  easy was it for
the proprietary, in an obscure and remote part of
the world, beyond the immediate eye of the Crown,
1 The case of the Rev. Francis Fitzherbert develops the faith
of Doctor Gerrard and his wife.
2 My theory respecting the object and ownership of the chapel,
is by no means essential to the support of the interpretation given
to the charter. But under every aspect, it is, in itself, highly
probable. And I suggest it as one of the evidences that the harmony existed, barring a few individual cases, as a living reality,
independently even of the action of the Proprietary's government. For negotiations respecting the purchase, see Bozman, vol.
2, pp. 263, and 627-628.




THE HONOR DUE TO CECILIUS.       35
to commit acts of petty cruelty and oppression
towards those who differed with him on points of
faith, not only by excluding them from civil offices
but also in many other respects! How often do
we deny to others, what we have so earnestly
claimed for ourselves!  And how great is the
reproach to human nature-to peasants as well as
princes, in that and in every other age-arising
from the disregard so often manifested for the
obligation of promises, or for the sacredness of
treaties!  The singular fidelity with which the
second baron of Baltimore kept his pledge, presents one of the best examples upon the record,
one of the purest lessons of history, one of the
strongest claims to the gratitude of Maryland, and
to the admiration of the world.




36             THE DAY-STAR.
CHAPTER IV.
The Toleration under the first Governor.
SUCH is the meaning of the charter historically
interpreted; and such the earliest principle and
practice of the government-freedom to the Anglican and freedom to the Roman Catholic-a freedom of conscience, not allowed but exacted. A
freedom, however, of a wider sort springs forth at
the birth of the colony-not demanded by that
instrument, but permitted by it-not graven upon
the tables of stone, or written upon the pages of
the statute-book —but conceived in the very bosom
of the proprietary, and of the original Pilgrimsnot a formal or constructive, but a living freedom
-a freedom of the most practical sort. It is the
freedom, which it remained for them, and for them
alone, either to grant or to deny-a freedom
embracing within its range, and protecting under
its banner, all those who were believers in JEsus




PRACTICAL TOLERATION IN 1634.    37
CHRIST. And the grant of this freedom is that
which has placed the proprietary among the first
law-reformers of the world, and Maryland in
advance of every State upon the continent. Our
ancestors had seen the evils of intolerance; they
had tasted the bitter cup of persecution. Happy
is he whose moral sense has not been corrupted by
bigotry, whose heart is not hardened by misfortune, whose soul (the spring of generous impulse)
has never been dried up by the parching adversities of life! They brought with them, in "'The
Ark," and " The Dove," the elements of that
liberty they had so much desired, themselves, in the
Old World, and which to others in the New, of a
different faith, they were too good and too just to
deny. Upon the banks of the St. Mary's, in the
soil of Maryland, amid th6 wilderness of America,
they planted that seed which has since become a
tree of life to the nation, extending its branches
and casting its shadows across a whole continent.
The records have been carefully searched. No
case of persecution occurred during the administration of Governor Leonard Calvert, from the
foundation of the settlement at St. Mary's to the




38                  THE DAY-STAR.
year 1647.  His policy included the humblest as
well as the most exalted; and his maxim  was,
PEACE TO ALL-PROSCRIPTION OF NONE.1  RELIGIOUS
LIBERTY was a VITAL PART of the earliest commonlaw of the province.
1The inference from a careful search of the Records is con-,
firmed by the testimony of Langford, whose "Refutation of
Babylon's Fall" was published very soon after the battle of
1655; and by the authority of Bancroft and other historians.
Mr. Bancroft says (see vol. 1, p. 257) that the government, in
conformity with strict and repeated injunctions, had never given
disturbance to any persons in Maryland "for matter of religion." The Protestant declaration of 1650, also contains evidence independently of that, which relates to the Act of f649.




THE OFFICIAL OATH.                39
CHAPTER V.
Toleration Implied in the Official Oath.
AT the date of the charter, Toleration existed in
the heart of the proprietary. And it appeared, in
the earliest administration of the affairs of the
province. But an oath was soon prepared by him,
including a pledge from the governor and the
privy counsellors, " directly or indirectly," to
" trouble, molest, or discountenance " no " person
whatever," in the province, " professing to believe
in Jesus Christ." Its date is still an open question
-some writers supposing it was imposed in 1637;
and others, in 1648. I am inclined to think the
oath of the latter was but " an augmented edition "'
1 See Brantz Mayer's "Calvert and Penn," pp. 46-47; Chalmers's Annals; and the authorities quoted by Mr. Mayer. See also
Langford's "Refutation of Babylon's Fall." I do not, however,
conceive there is anything material in the exact date, or in the
formal imposition.




40                THE DAY-STAR.
of the one in the former year. The grant of the
charter marks the era of a special Toleration. But
the earliest practice of the government presents
the first; the official oath, the second; the action
of the Assembly in 1649, the third, and, to advocates of a republican government, the most important phasis, in the history of the general Toleration. The oath of 1648 is worthy of attention, in
another particular. It contained a special pledge,
in favor of the Roman Catholics-a feature, which
might have been deemed requisite, in consideration
of the fact, that the proprietary had appointed a
Protestant gentleman  for the post of lieutenantgeneral, or governor. Some also of the privy
counsellors were of the same faith.'This view is confirmed by Langford, and accepted by Streeter,
who certainly manifests no partiality for the proprietary.




ARSE  BLY OF 1649.               41
CHAPTER VI.
The Assembly of 1649-Kent and St. Mary's RepresentedSketch of their Early History-Passage of the Toleration Act.
THE little provincial parliament of Maryland
assembled, at St. Mary's, in the month of April,1
during the year 1649.  This was about fifteen
years after the landing of the Pilgrims, under
Governor Calvert; about thirty later than the settlement of the Puritans at Plymouth; and more
than forty, subsequently to the arrival of the
Anglo-Catholics at Jamestown, in Virginia. The
members of the Assembly at St. Mary's met in a
spirit of moderation but seldom the characteristic
of a dominant party. The province was at peace
with the aboriginal tribes within its limits. The
unhappy contest with Col. Wm. Clayborne had
1 The Assembly met' about the 14th of April, according to the
present calendar, or the 2d of that month, Old Style. For the
Julian, or Old Style, see 2 Bozman, p. 384.




42               THE DAY-STAR.
been virtually terminated; the rebellions of Capt.
Richard Ingle, and other Protestant enemies,
effectively suppressed; the reins of government
recovered; and the principles of order once more
established. Governor Calvert, the chief of the
Maryland Pilgrims, after a trying, but heroic, and
honorable  administration, had  died, amid  the
prayers and blessings of his friends, without a
stain upon his memory. Thos. Green had, also,
for a short period, been the governor. And the
principal key of authority was then held by Capt.
Winm. Stone.
The Assembly was composed of the governor,
the privy counsellors and the burgesses. In many
particulars, its model was not unlike that of the
primitive parliaments of England.' The governor
and the privy counsellors were appointed by
Cecilius, the feudal prince or proprietary of the
province; the burgesses, who were chosen by the
freemen, represented the democratic element in
the original constitution of Maryland. The deleThe Assembly was sometimes called " Parliament." See the
Records; also 2 Bosman, p. 185, note.




KENT.                     43
gates were sent by Kent and by St. Mary's, the
only two counties at that time within the limits of
the principality; the former upon the east, the
latter upon the west side of "The Great Bay."
And while there is no reason for asserting the
want of harmony upon the business of this Asseinbly, it is a remarkable fact, that for more than two
centuries the most strongly marked differences
have existed between the shores of the Chesapeake, not only of a geographical, but also of a
political character.
Kent, in the midst of many sad reverses, had
grown out of a settlement founded as early as 1630,
by Col. Clayborne, in the spirit of a truly heroic
adventure, under the jurisdiction established at
Jamestown, and during the administration (it is
supposed) of Governor Harvey, upon an island of
the Chesapeake called Kent, but then the "Isle
of Kent;"' a purchase (to quote the colonel's own
1 It is supposed by some that the island derived its name from
the birthplace of Clayborne. There were families of his name in
Westmoreland and York. But there is no trace of him in Philpot's " Villare," or any other work I have seen relating to Kent.
The island, I think, was named in honor of the governor under




44                    THE DAY-STAR
words) from  " the kings of that country;"' and the
original centre' of the county represented at St.
Mary's, though now included within the limits
whose administration, or auspices, the settlement was founded,
and who was probably a native of the English county of Kent.
1 Bozman, vol. ii. pp. 67 and 582.
2 The seat of Clayborne's settlement was at Kent Point. There
also was the "Mill," several of which (that is, windmills) can still
be seen. There is not a single water-fall upon the island, and the
records mention the "vane," and other things, which prove the
wind was the motive power.
Near the "Mill" was Fort Kent. Fort Crayford stood near
Craney Creek, now a pond, and is frequently noticed upon the old
records at Chestertown, especially in the deeds containing the
boundary lines to tracts of land.  It is not named in any of our
histories; but the recorded evidence is as strong as that relating
to the site of the other fort.
Kent Fort Manor included KIent Mill and Kent Fort. It was
given by the proprietary to Gov. Calvert as a reward for his services In the conquest of the island; but assigned to Capt. Giles
Brent, whose family, for many generations, held the title. From
the testimony of Mr. Bryan, a soldier of 1776, and at the time of
my interview nearly ninety-five years old, I learn that the manorhouse was burnt during his childhood; but another, upon the
same foundation, soon afterwards built. The spot is easily designated, being but a few hundred yards from the vault, and still
nearer to a small clump of old and dwarfish damascene-trees. The




KENT.                         45
of Queen Anne's' —an island still noted for the
beauty of its scenery, and  the wealth of its waters in fish and fowl; and the only dwelling-place
of the colonists upon the eastern shore, at the time
of this Assembly; the seat, also, of opulence and
elegance at a period anterior to the American
Revolution;2 and represented in the Virginia
piece of a mill-stone, the fragment of an oven-lid, and a few other
relics, may now be picked up. In the examination of these interesting localities, I was kindly aided by several intelligent gentlemen, especially by Doctor Samuel Harper, of Easton.
There was a court-house upon the island; the first on the east
side of the Chesapeake. It stood, I am inclined to think, upon
the eastern part of the island.
The Matapeakes are the only Indians whose residence upon the
island, or whose name can be traced. They lived at one time
near Indian Spring; and at another, in YMatapax Neck. See my
paper presented to the Md. Hist. Society.
1 The island, first of all, was under the jurisdiction of Virginia;
then the subject of contest between Lord Baltimore and Colonel
Clayborne; subsequently annexed as a hundred to St. Mary's;
and next erected into a county. At a later period, it belonged to
Talbot. But before the year 1695, it was again, though for a short
time, erected into a county.
2 See Eddis's Letters-an instructive, well-written volume —
where the reader will find an interesting sketch of a visit to the
island.




46                   THE DAY-STAR.
House of Burgesses, before the settlement at St.
Mary's;   but, above all, distinguished  as the first
focal point of Anglo-American civilization' within
the present boundaries of our State.
St. Mary's, which also had been purchased from
the  Indians-how   honorable  to  the  memory of
those who  took  part in  that transaction!'-and
" 11 The Virginians," says Chalmers, " boasted, with their wonted
pride, that the colonists of Kent sent burgesses to their Assembly,
and were subjected to their jurisdiction, before Maryland had a
name." Nor was the boast without foundation. Their early
legislative journals (see Henning's Collection) show conclusively,
that the island was represented by Capt. Nicholas Martin.
2 The date of the settlement cannot be accurately given. The
Rev. Ethan Allen supposes it was during the year 1629. See
Allen's Maryland Toleration, p. 8.
3 The following extract will show the manner in which Governor Calvort proceeded, soon after his arrival:" To make his entry peaceable and safe, he thought fit to present
ye Werowance and Wisoes of the town (so they call ye chief men
of account among them), with some English cloth (such as is used
in trade with ye Indians), axes, hoes, and knives, which they
accepted very kindly, and freely gave consent to his company,
that he and they should dwell in one part of their town, and
reserve the other for themselves: and those Indians that dwelt in
that part of ye town which was allotted for ye English, freely left
them their houses and some corn that they had begun to plant.




ST. MARY's.                      47
which  had  borne  the  appellation  of AugustaCarolina,' included  a territory  of thirty  miles,
extending towards the mouth of the Potomac, and
embracing the St. Mary's, which flows into that
river. Within this county was also the small city,
which had been founded upon the site an aboriIt was also agreed between them, that at ye end of ye harvest,
they should have ye whole town, which they did accordingly.
And they made mutual promises to each other to live peaceably
and friendly together; and if any injury should happen to be
done, on any part, that satisfaction should be made for ye same;
and thus, on ye 27th day of March, A.D. 1634, ye governor took
possession of ye place, and named ye town St. Maries.
" There was an occasion that much facilitated their treaty with
these Indians, which was this: the Susquehanocks (a warlike people that inhabit between Chesapeake Bay and DelawareBay) did
usually make wars and incursions upon ye neighboring Indians,
partly for superiority, partly for to get their women, and what
other purchase they could meet with; which the Indians of Yoacomaco fearing, had, ye year before our arrival there, made a
resolution, for their safety, to remove themselves higher into ye
country, where it was more populous, and many of them were
gone there when ye English arrived."  See "A Relation of Maryland, 1635."
1 In honor, we may suppose of King Charles. Augusta was not
borne by any member of the royal family; nor was Caroline. The
former may be regarded as an adjective, or epithet.




48              THE DAY-STAR.
ginal village;' and which, like the river upon
which it stood, derived its beautiful name from the
Blessed Virgin; the chief star in a constellation of
little settlements and plantations; and for a period
of about sixty years, the provincial capital of
Maryland-a city of which nothing now remains,
deserving the dignity of ruins, and a few relics only
are preserved —the records and everything belonging to the government having long since been
removed to Annapolis-but a spot still consecrated
in the affections of the country-one which is
visited upon anniversary and other occasions by
the well-bred sons of Maryland, and to which
patriots of other States may look with pride and
pleasure-where also the pilgrim of the future, in
approaching the shrine already dedicated by the
voice of history, will ever rejoice to pour out his
feelings in expressions of profound gratitude to
God.
The principle of compensation for services, it is
proper to state, was not adopted by the memorable Assembly of 1649. The only consideration
1 Yacomico.




BILL OF CHARGES.           49
allowed the representatives of the freemen, and
paid in their usual currency, was twenty-six pounds
of tobacco each day-a quantity equivalent to
seventy-eight pence in English, or a hundred and
fifty-six cents in American money-and intended
simply to cover the cost of " their diet," and the
" loss of their time." One member, indeed, of the
Lower House received a consideration for service,
or " trouble;" but three others only ten pounds of
tobacco, respectively.  The  whole  " bill  of
charges," so far, at least, as regards the burgesses,
was prepared with a special reference to the
exhausted state of the province. And we may
suppose, that some of them waived a part even of
their right to the little allowance.
The members of our early provincial parliaments, unlike some of their English prototypes,
generally, if not always, in entering the House
took off their hats. They also stood when they
addressed the chair. They seem, indeed, to have
been distinguished, for their sense of modesty; and
for the strongest sentiments of respect and affection for the person of the proprietary. But they
lacked nothing of the spirit, or independence of
3




50               THE DAY-STAR.
freemen. They were not under the proprietary's
dictation. The legislative annals are full of striking and well-known illustrations of their manhood.
If proof were needed, the very letter addressed
him, by the Assembly of this year, and published
in Bozman's History, would be sufficient.
In the Hall of Edward the Confessor, a picture
has been presented of the primitive parliament, by
one of England's most accurate historians. The
Anglo-Saxon is giving his friendly explanations
of the  Assembly to  the  Norwegian  stranger.
"Haco," says he, "you well know how we call
this Assembly — A  iMicel getheeaht,  or Great
though~t-a Witena-gemot, or MVieeting of the Wise
-and at present it well deserves its name. Our
Redes-men, or counsellors, the members of the
legislature, ponder  much  before  they  come
together, say little, and write less." 2 May it not,
with a still greater truth, be affirmed, that our own
early law-givers were the representatives of a
great and  sublime  conception?  And judging
1 From the Anglo-Saxon word, " micel" (big), is derived our
English surname "I Mitchel."
2 Palgrave's History of the Anglo-Saxons, Preface, p. 25.




THE WITENAGEMOT OF 1649.                  51
from  the number of wholesome  laws enacted in
1649, as well as the shortness of their session (for
it did not include twenty-five days), it would
seem, the Assembly-men  of this year were  certainly not very fond of talking or speech-making.
It appears also, that some of them, like our Saxon
forefathers,2 could neither read nor write.   It can
be proved from  the records, that two of them, at
least, were in the habit of making a signet mark.3
But did they not leave a mark also upon the country, and upon the world?   In depth and earnest1" I hear," says the Anglo-Saxon, " that amongst the French
they designate such assemblies as ours by the name of a' colloquium,' or, as we should say, a' talk — which they render, in their
corrupted romance-jargon, by the word'parlement;' and should
our' Witenagenmot,' our' Micel-getheaht,' ever cease to be a'meeting of the wise,' or'great-thought,' and become a'parlemenit,' or'great-talk,' it will be worse for England than if a
myriad of your northern pirates were to ravish the land from sea
to sea." Palgrave, p. 26.
2 Some even of the Anglo-Saxon kings made their mark. It is
doubtful if William the Conqueror could write.
3 Col. John Price, of the upper, and Mr. John Maunsell, of the
lower House: the former a Protestant, the latter a Roman
Catholic.




52              THE DAY-STAR.
ness, in real dignity and propriety, in profound
views of human nature, and in true legislative
wisdom, they were not a whit behind those earlier
law-givers, who bore the appellation of "The
Wise," and whose bright renown has come down
to our own age. The laws of King Alfred, so
celebrated in the history of English jurisprudence,
do not excel the legislation of our own little
Assembly, during the dominion of the first proprietary. The principle adopted by the Assembly
of this year, respecting the purchase of Indian
land-titles, has since been tested a thousand times;
and is now a prominent feature in the policy of
the federal government. But to the legislators of
1649, was it given, to discharge a much higher
task-to execute a much nobler mission-to inaugurate a much greater idea-an idea which had
existed in the bosom of the proprietary, and been
sanctioned by the earliest practice of the government; but yet awaited a formal confirmation from
the Roman Catholic and from  the Protestant
planters of the province.  The time, at length,
arrived for them also, to officiate at the altar of
religious freedom; and to take their own rank




TmE NOBLE MISSION.            53
among the foremost spirits of the age.  Near
the close of the session, within the range of aboriginal villages, and the blaze of Indian council
fires, they took counsel, we may suppose, not only
of each other, but also of the true "FATHER OF
LIGHTS," and then, by a solemn act, they endorsed
that policy, which ever since has shed the brightest lustre upon the legislative annals of the
province.




i54:                THE DAY-STAR.
CHAPTER VII.
"The Act concerning Religion."
THrE " Act concerning Religion " (for that is the
the title of the law* has already been printed.
But it forms so important a link in the chain of
this narrative, that its leading provisions should be
stated. The design was five-fold: —to guard by an
express penalty " the most sacred thinzgs  of God;"
to inculcate the principle of religious decency and
order; to establish, upon a firmer basis, the harmony already existing between the colonists; to
secure, in the fullest sense, freedom as well as protection  to  all believers in  Christianity;2 and to
1" Sacrosancta" was used by the Latin fathers (see Andrews
and other authorities) for the most sacred things. And such I
take to be the sense intended in the writings of English divines
and in state papers corresponding with the date of the charter.
In this I am confirmed also by the action of the provincial legislature.
2 Upon the Records of the High Provincial Court is preserved




ACT CONCERNING  RELIGION.                      55
protect quiet disbelievers against every sort of
reproach, or ignominy. In determining the different lines and landmarks, a regard, of course, must
be had to  the  spirit of the  charter, to  the theological notions of the age, and to the character of
the elements, which then composed the population
of the province.
a case in which the prisoner, a Roman Catholic priest, vindicated
his right under this leading provision*of the law. It is, in many
respects, a very interesting one, and sheds a great deal of light
upon the domestic, social, and religious history of this period.
The Act of 1639 included, we have seen, the English and the
Roman Church. But the one of 1649 practically gave to the term
" holy " a much more comprehensive signification.
In Father Fitzherbert's case, the following are the proceedings
of the court, which was held at St. Leonard's Creek, " the 5th of
October" o. s. A.D. 1658.  Present —Gov. Fendall; Philip Calvert, Esq., Col. Utye, Capt. Stone, and Messrs. Job Chandler and
Baker Brooke.
" An information of his lordship's attorney against Francis Fitzherbert, for
practising of treason and sedition, and giving out rebellious and mutinous
speeches, in this his lordship's province of Maryland, and endeavouring, as far
as in him lay, to raise distraction and disturbances in this his lordship's said
province.
"1. Francis Fitzherbert did, on ye 24th of August, 1658, traitorously and seditiously, at a general meeting in arms of the people of the upper parts of Patuxent
River, to muster, endeavour to seduce, and draw from their religion, the inhabitants there met together.




56                       THE DAY-STAR.
1. The proprietary had the right upon all doubtful points, to construe the charter in that manner
which was most favorable to himself.  But no
interpretation  was  allowed  inconsistent with  tile
"Sacrosanctda  )ei," and  the " Vera Clhrist(iana
Religio " —the former, doubtless, implying a prohibition of the most wicked kind of blasphemy, as
" 2. He did use the same traitorous and rebellious practice at Newtown on the
30th of August, 1658, the people being met together for ye end aforesaid.
" 3. That, by these his traitorous and seditious practices, he hath caused several
inhabitants of this province to refuse to appear at musters; that they shall
thereby be incapable of defending the peace and liberty of ye inhabitants of
this his lordship's province, against the attempt of foreign or homebred
enemies.
"4. That he hath rebelliously and mutinously said, that if Thos. Gerrard,
Esq. (of the council), did not come and bring his wife and children to his church,
he would come and force them to the church, contrary to a known Act of
Assembly in this province.
"Rt. Honourable-Since I writ my last to you, I have received a message
from Mrs. Gerrard, which is that Mr. Fitzherbert hath threatened excommunication to Mr. Gerrard, because he doth not bring to his church his wife and
children. ~ And further, Mr. Fitzherbert saith, that he hath written home to ye
head of the Church in England, and that if it be their judgments to have it so
he will come with a party and compel them., My lord, this I offer to your
lordship, as Mrs. Gerrard's relation, who I think would not offer to report any
such thing if it were not so. And, my lord, I thank God, ye government of ye
country is now in your officers' hands. But I think (and I have good grounds
to think so) that it will not long continue there if such things be not remedied.
I told Mr. Fitzherbert of it, about a year since in private, and also that such
things were against the law of ye country. Yet his answer was, that he must be




ACT CONCERNING RELIGION.                         57
well as the desecration of the most holy institutions; the latter defining or bounding the pledge of
religious freedom to the Roman Catholic by securing the same liberty for the English churchman.
And there cannot be reasonable doubt, that among
statesmen as well as ecclesiastics, two centuries
ago, the Lord's Day and the Trinity (or fundadirected by his conscience more than by the law of any country. I do not, my
lord, thrust myself upon any business of quarrel; but it is peace and quietness
I desire. And I hope your lordship hath no other cause but to wish the same.
And so I refer the consideration of it to you; and remain your lordship's most
faithful servant to command,-HEN: COURSEY.
" Thos. Gerrard, Esq., saith upon oath, that having conference with Mr.
Fitzherbert, as they were walking in the woods, and in his own orchard, touching ye bringing his children to the Roman Catholic Church, he gave Mr. Fitzherbert reasons why it was not safe for himself and this deponent. And the
said Mr. Fitzherbert told his deponent that he would compel and force them,
And likewise, he said, that he would excommunicate him; for he would make
him know that he had to do with ye bringing up of his children and his estate.
"The deposition of Robt. Slye, aged 30 years, or thereabouts, sworn and
examined in open court, saith:-That some time in or about July or August in
the year 1656, Mr. Fitzherbert being then at this deponent's house, this deponent
desired MIr. Fitzherbert to inform him who it was that had scandalously and
falsely accused him of beating his Irish servants, because they refused to be
of the same religion of him, the said deponent. Which request Mr. Fitzherbert
refused to grant, saying that he did believe the report to be false; and therefore
desired him, this deponent, not further to urge him in that business, for he
would not, and could not, disclose the author thereof. MIr. Fitzherbert told ye
said deponent that Mr. Gerrard had also beaten an Irish servant of his likewise, because she refused to be a Protestant, or go to prayer with those of his
3*




58                      THE  DAY-STAR.
mental article of revealed religion) were two of the
"m ost sacred " things of God.   This fact accounts
for the  penalty  against those  who were  guilty of
violating  the  sanctity  of  the   "'Sabbath;"  or  of
"cursing" God, that is denying the  great doctrine
of the Athanasian creed.
2. A history is not an argument. In any other
family that were so. To which the said deponent replied, that that story was
like the other (or words to yt purpose); from which discourse likewise we fell
to other relating to Mr. Gerrard and the children. Mr. Fitzherbert told him,
the said deponent, that Mr. Gerrard, although he professed himself a Roman
Catholic, yet his life and conversation was not agreeable to his profession. The
said deponent asked him his reason. Mr. Fitzherbert answered, because he
brought not his wife and children to the Roman Catholic Church. Moreover,
he told him, the said, deponent, that [if Mr. Gerrard would not bring his
children to his church he would force and compel him thereunto, if he
were the same in reality, that he pretended himself to be. Moreover, that if
Mr. Gerrard's life and conversation was not otherwise for the future than what
it had been formerly, he would draw his sword against him, if he made choice of
him for his father confessor, or to that effect. By the word sword this deponent
understood, that he meant the Censure of ye church. But this deponent understood not what he meant by the words force or compel. Mr. ~itzherbert told
this deponent further, that if Mr. Gerrard brought not his children freely to his
church, nor educated them in the principles of the Romish religion, he would
take such a course that he would undertake their education in Mr. Gerrard's
own house, whether Mr. Gcrrard would give way thereunto or no. This deponent advised Mr. Fitzherbert to forbear to proceed according to such resolution.
Whereupon, after long arguing about this business, Mr. Fitzherbert told the
said deponent that if he would tell him his opinion, what it were best to do in
relation to Mr. Gerrard, his wife, and children; and he, the said Mr. Fitzher



FATHER FITZHIERBERT S CASE.                         59
place, a dispute indeed upon a question of religious
decency would be quite as useless as one upon a
point of taste.  But the world, either Roman
Catholic or Protestant, is hardly yet so wise as to
be prepared to condemn Lord Baltimore and the
Assembly of lMaryland for the imposition of a fine
of five pounds upon the man who should dare to
bert, promised him to follow his counsel. This deponent advised him not to
disturb Mrs. Gerrard nor her children, in relation to their religion, or words to
yt effect, as the deponent hath declared. And further saith not.
"Henry Keine, sworn in open court, maketh oath, that he went to Mrs.
Brooke's house upon a summons to a muster, the 24th of July last, when
Mr. Fitzherbert made a sermon.  And Mr. Fitzherbert, coming forth,
demanded of them how they liked his doctrine. And further, ye said Mr. Fitzherbert said, if any would give him leave to be in their house, he would now
and then come and give them a sermon. And, if he could get leave of the
governor, he would preach at the court-house. That night, or the next day,
Richard Games, turning Catholic, came home, and brought two books with him,
which he said Mr. Fitzherbert gave him. And further saith not.
" John Grammer maketh oath, that he was present at the muster at Mrs.
Brooke's house, at the same time.  And there he heard a declaration, or
sermon, by Mr. Fitzherbert, not expecting any. And after sermon Mr. Fitzherbert said, that if the people in this river would hear him he would come now and
then and give them a sermon. lie asked them how they liked his doctrine.
But he heard nobody make answer to him. The next day being Sunday, this
deponent and his wife, going to Mrs. Brooke, he met there Mr. Fitzherbert, who
asked him again how he liked his sermon. Who answered, yt some things he
liked, and other some he did not like. Mr. Fitzherbert then asked him what
those things were he did not,like? and walked out with this deponent, when
they had a quarter of an hour's discourse. And in discourse, he gave him, this




60                        THE DAY-STAR.
speak reproachfully of "The Blessed Virgin," or
of the heroic evangelists and apostolic martyrs of
the primitive church.
3. There is a striking difference between religious uniformity and social harmony. And it was
an object of the law to tolerate the want of the
one, and to promote the growth of the other. In
this particular, it was but the development of the
policy which had been adopted under the first
governor's administration. Bounded by the preceding explanations, the law throughout breathes
the spirit of peace and charity as well as harmony.
4. Freedom, in the fullest sense, was secured to
all believers in Christianity; to Roman Catholics
and Protestants; to Episcopalians and Puritans; to
Calvinists and Arminians; and to Christians of
deponent, indifferent good satisfaction-his memory being but weak on Scripture. And in conclusion of the discourse, Captain Thos. Brooke came and
called ye said Mr. Fitzherbert in to dinner. And (whether after dinner or
before he remembereth not) he gave him a little catechism book, desiring him to
read it; bidding him, after he had read yt book, call to Richard Games for
another book. And further saith not." See Lib. S. 1658 to 1662. Judgments
pp. 102-I105.
On page 1082 is the following:" Then was put an information against Francis Fitzherbert, by his Lordship's
attorney-general, folio 102.




ACT CONCERNING RELIGION.                            61
every other name coming within the meaning of
the Assembly. A Christian was a believer in Jesus
Christ. The belief in Christ was synonymous with
a faith in his divinity. And the recognition of
his God-head, was equivalent (such is the clear
intention of the Act) to a confession of that
article in the apostolic creed, which teaches the
great doctrine of the Trinity.  The act of the
Assembly also fully explains the oath which had
been imposed upon the governor, and the privy
counsellors. And the believer enjoyed not only a
freedom but also a protection. He who " troubled,
molested, or discountenanced " him, was, according
to the law, fined for his offence.
5. From the language of the Act, as well as the
subsequent practice of the government, it is evi"To which Francis Fitzherbert demurred in law:
"1. Neither denying or confessing the matter here objected, since by the
very first law of this country, Holy Church, within this province, shall have
and enjoy all her rights, liberties, and franchises, wholly and without blemish,
amongst which that of preaching and teaching is not the least.  Neither
imports it what church is there meant; since, by the true intent of the Act
concerning religion, every church professing to believe in God the Father, Son,
and Holy Ghost, is accounted Holy Church here.
" 2. Because, by the act entitled An Act Concerning Religion, it is provided
that no person whatsoever professing to believe in Jesus Christ shall be molested




62                        THE DAY-STAR.
dent that the quiet disbeliever also was protected.
A case can easily be given. But it is enough
for the  reader to  look  at that section  of the  law,
which forbids the application, in a reproachful
sense, to " any person or persons whatsoever," of
any " name or term  " relating to matter of religion."'
The Act, it will be observed, covers a very broad
ground. It is true, it did pot embrace every class
of subsequent religionists. A Jew, without peril to
his life, could not call the Saviour of the world
a "magician," or a'necromancer.  A Quaker,
under the order of the government, was required
to take off his hat in court, or go immediately to
the whipping-post. The Mormon, who dignifies
polygamy with the notion of a sacrament, who
disseminates the gospel in the propagation of his
for or in respect of his or her religion, or the free exercise thereof. And
undoubtedly preaching and teaching is the free exercise of every churchman's
religion. And upon this I crave judgment.
"To the first and second point in the information put against the said Francis
Fitzherbert the' demurrer is allowed. The third point depends upon the two
first, and is dis-allowed.
" The opinion of the Board is, that it is neither rebellion nor mutiny to utter
such words as alleged in the 4th article, if it were proved." See Lib. S. 1658 to
1662, Judgments, p. 1082.




CASE OF THE QUAKERS.           63
species, would not have been allowed, we may
suppose, to marry more than one woman. But as
early as 1659, a well-known non-believer in the
Trinity lived here, transacted his business, and
instituted without objection his suits in the civil
courts; nor were the Jewish disabilities entirely
removed, till a period long after the American
Revolution; and this feature of the law, all
things considered, was not more of a reproach
to the legislators of 1649 than the constitution
of the State to the reformers of 17X4.  We have
no evidence, indeed, that any Quakers were in
Maryland, at the passage of the law; and when
they came, their case was misunderstood; for the
dislike toward them arose from their supposed
want of respect for the constituted authorities, and
their refusal to take the oath of submission. A
constitutional difficulty might also readily occur to
any one, as it certainly did to the proprietary, who
was bound by the charter to maintain the fundamental principles of Anglo-Saxon law, which had
always regarded the instrumentality of the oath in
the administration of practical justice, as the corner-stone of a system. But every disposition was




64-                 THE DAY-STAR.
manifested to render them comfortable. And they
soon became a flourishing and influential denomination. Notwithstanding the imperfection which
ever marks human legislation, it is wonderful to
think how far our ancestors went in the march of
religious freedom. The earliest policy of MIaryland was in striking contrast with that of every
other colony.   The  toleration, which  prevailed
from the first, and fifteen years later was formally
natified by the voice of the people, must, therefore,
be regarded as the living embodiment of a great
idea; the introduction of a new element into the
civilization  of  Anglo-American  humanity;  the
beginning of another movement in the progress of
the human mind.'
I Toleration, in the widest sense, or in the most strictly logical
acceptation, exists only in a State founded upon naked atheism.
The history of the whole of Western Christendom (I speak of
Europe), for a period of many centuries, exhibits but the perpetual
struggle between the Church and the State, arising from the sometimes quiet, but always uniform tendency of the one to absorb the
other. The conflict is illustrated in the most striking manner, by
glancing at the jurisdiction constantly claimed and denied over the
important institution of marriage.  The interesting case of the




LUIMBROZO,  THE JEW.                  65
Rev. Wm. Wilkinson (for Mormonism I am unwilling to touch), will
be given from our records, in a further part of this volume.
With regard to the Quakers, it may be proper to add, that,
while I do not assert there never was a practical case of whipping,
I can sincerely say I have never met with any. I am clearly of
the opinion that some of our writers have indulged in very great
exaggeration. As early as Fox's visit, many Quakers were here.
The speaker of the Assembly attended his meeting. Judges of the
county courts, wives of privy counsellors, and a large number of
the most prominent colonists became his disciples. The general
spirit of the proprietary's government cannot be mistaken. No
principle in history is better settled. And I cannot, therefore, so
easily or readily regard the case of the Quakers in the light of a
practical anomaly. See Fox's Journal-a very interesting bookand the next chapter of this volume.
In the text, I have referred to Dr. Lumbrozo, the well-known
Jew (for he seems to have observed no secrecy), who lived some
time in Maryland, without rebuke from the government, in the
usual exercise of his calling, and of the right to institute actions
in the Civil Court. We cannot doubt he was also allowed the
quiet enjoyment of his religion. But he was accused of blasphemy; and although he fortunately escaped a trial, in consequence of the pardon accompanying the proclamation in favor
of Richard, the son of the lord protector-a proclamation
which was issued but a few days after the accusation-the
case is one which was instituted under the Act of 1649; and
I, therefore, give the proceeding as it occurs upon the Records
of the Provincial Court, Lib. S. 1658 to 1662, Judgments, pp.
159-160.




66                       THE DAY-STAR.
"At a Provincial Court, held at St. Mary's on Wednesday, this.23d February,
1658.
"Present-Josias Fendall, Esq., Governor; Philip Calvert, Esq., Secretary;
Mr. Robert Clarke; Mr. Baker Brooke; Dr. Luke Barber.
" Was called afore the Board, Jacob Lumbrozo, and charged by his Lordship's
Attorney for uttering words of blasphemy against our Blessed Saviour, Jesus
Christ.
"The deposition of John Hoffsett, aged 44 years, or thereabouts, sayeth this
19th day of February, 1658:"That, about half a year since, this deponent being at ye house of Mr.
Richard Preston, and there meeting with Jacob Lumbrozo, he, this deponent,
and the said Lumbrozo falling into discourse concerning our Blessed Saviour,
Christ, his resurrection, telling ye said Lumbrozo that he was more than man,
as did appear by his resurrection. To which the said Lumbrozo answered, that
his disciples stole him away. Then this deponent replied, yt no man ever did
such miracles as he. To which ye said Lumbrozo answered, that such works
might be done by necromancy or sorcery, or words to that purpose. And this
deponent replied to ye said Lumbrozo, yt he supposed yt ye said Lumbrozo
took Christ to be a necromancer. To which ye said Lumbrozo answered nothing,
but laughed. And further this deponent sayeth not.
"Jurat die et anno supradict. cor. me,
" HENRY COURSEY.
i' I, Richard Preston, jr., do testify yt, about June or July last past, coming
from Thomas Thomas's, in company with Josias Cole and ye Jew Doctor, known
by ye name of Jacob Lumbrozo, the said Josias Cole asked ye said Lumbrozo,
whether ye Jews did look for a Messias? And ye said Lumbrozo answered, yes.
Then ye said Cole asked him, what He was that was crucified at Jerusalem?
And ye said Lumbrozo answered, He was a man. Then ye said Cole asked him,
how He did do all His miracles? And ye said Lumbrozo answered, He did
them by ye Art Magic. Then ye said Cole asked him, how His disciples did do
ye same miracles, after He was crucified? And ye said Lumbrozo answered,
that He taught them His art. And further saith not.




LUMJBROZO.                              67
"This was declared before me, as in the presence of God, that it is true, this
21st of February, 1658.                                 HENRY COURSEY.
" The said Lumbrozo saith, that he had some talk with those persons, and
willed by them to declare his opinion, and by his profession, a Jew, he answered
to some particular demands then urged. And as to that of miracles done by
art magic, he declared what remains written concerning Moses and ye Magicians of Egypt. But said not anything scoffingly, or in derogation of Ilim
Christians acknowledge for their Messias.
" It is ordered, that ye said Lumbrozo remain in ye Sheriff's custody, until he
put in security, body for body, to make answer to what shall be laid to his
charge concerning those blasphemous words and speeches, at ye next Provincial Court; and yt the persons be then present to testify, viva voce, in Court.
"Mittimus.-To ye Sheriff of St. Mary's County, according to the order
Supradict."
N.B.-The reader will observe, that Ri. Preston, a Quaker, simply declares.




68                   THE DAY-STAR.
CHAPTER VIII.
The influence of the Legislation of 1649 upon the Colonization
of Maryland-Arrival of Families-Foundation  of Settlements. Erection of Counties.
THE liberal policy of Maryland could not fail to
attract the attention of the other Anglo-American
colonies. The Puritans upon the James and upon
the Elizabeth, having, in consequence of their noncoznformity, been ordered to leave Virginia, soon
found an asylum here, and during the latter part
of 1649, and the beginning of 1650, founded (under
the patronage, it is supposed, of Governor Stone)
several settlements at Greenberry's Point, and
upon the Severn'-the  whole body consisting of
It is generally believed that the first settlement of the Puritans was at the point where the city of Annapolis stands; and that
the foundation of that city was laid almost immediately after
their arrival. I can only say, there is no recorded evidence
within my knowledge, of the facts. The earliest settlement which
I can discover (the one of 1649) was at Greenberry's Point, a




GREENBERRY S POINT AND THE SEVERN.              69
more than one hundred persons, distinguished not
less for their intelligence than for the fervor of
their religious feelings, and for the stubbornness of
their wills-destined, also, at no distant period, to
take a very conspicuous part in the affairs of the
province. One of them was the ancestor of the
extinct Bennetts of Bennett's Point in Queen
Anne's;1 the descent of the Lloyds of Wye House,
is derived from a second;2 and a third was the
peninsula of the Chesapeake, a little below the mouth of the
Severn. My belief is, that Annapolis was not founded till many
years later. But at Greenberry's Point a town was laid out the
very first year of the settlement there; and the tract running
down to the point, and now in the possession of Capt. Taylor, was
originally called Town Neck, as the history of the land-title will
clearly show. See also my Historical Letter in the summer of
1854, to Mr. Ch. Justice Le Grand, upon the files of the Baltimore.American, of the New York Churchman, and, if I mistake not,
of other newspapers.
1 Richard, whose-tombstone is still preserved at Bennett's Point,
the largest landholder of the province, and to whom tradition has
uniformly given the prefix of "Squire," was the grandson of the
Richard, who, soon after the settlement at Greenberry's Point,
returned to Virginia, and became the governor of that colony.
2 Edward, who came from Virginia, was many years a privy
councillor of Maryland, but died at an advanced age, in the city
of London. James, a descendant of the privy councillor, was the




70                  THE DAY-STAR.
progenitor of the Marshes of Kent Island, now
represented,' through a female line, by the Formans of Rose Hill and of Clover Fields, and by
several other distinguished families of the Eastern
shore. Two of them, James Cox and George
Puddington, represented Anne Arundel at St.
Mary's, in the legislature of 1650; the former
being elected the speaker of that assembly. And
they both signed the celebrated Declaration setting
forth the " fitting and convenient freedom " which
Protestants enjoyed, in the "exercise," of their
religion, under the  government of the  Roman
Catholic proprietary.2 The name of the Puritan
speaker is the very first upon the list of signers.
ancestor of the family of Nichols, now residing at Derby, in Kent
county. The Tilghmans also are descendants, through another
female line, of the Hon. Edw. Lloyd, the emigrant.
1 Capt. Marsh, of Kent Island, with a residence also at Chestertown, and the fourth in the direct line from the Hon. Thomas
Marsh inclusive, died, at' an advanced age, during the early stage
of the American Revolution. Each generation was represented
by one gentleman only; and they all bore the name of Thomas,
still perpetuated in the Rose Hill branch. The captain was the
last of the male line  The first Thomas held a seat in the council.
2 In Langford's " Refutation " of Leonard Strong's "Babylon's




SOUTH RIVER.                           71
The settlement also upon South River was an
interesting one. It was founded in 1650; and consisted chiefly of Puritans of a milder type than
Fall," and in Bozman's Maryland (see vol. 2, pp. 672-673), we
have this important document.
DECLARATION.
"The declaration and certificate of William Stone, Esquire, lieutenant of the
Province of Maryland, by commission from the right honorable the Lord Baltimore, Lord Proprietary thereof, and of Captain John Price, Mr. Thomas
Hatton, and Captain Robert Vaughan, of his said Lordship's Council there, and
of divers of the Burgesses now met in the Assembly there, and other Protestant inhabitants of the said Province, made the 17th day of April, Anno Dom.,
one thousand, six hundred and fifty.
"We the said Lieutenant, Council, Burgesses, and other Protestant inhabitants above mentioned, whose names are hereunto subscribed, do declare and
certify to all persons whom it may concern, That, according to an act of
Assembly here, and several other strict injunctions and declarations by his
said Lordship for that purpose made and provided, we do here enjoy all fitting
and convenient freedom and liberty in the exercise of our religion, under his
Lordship's government and interest; And that none of us are anyways troubled
or molested, for or by reason thereof, within his Lordship's said province.
James Cox,                        William Stone, Governor.
Tho. Steerman,                    Jo. Price,
John Hlatche,                     Robert Vaughan,  - Council.
George Puddington,                Tho. Hatton,
~JBurgesses.
Robert Robines,
Walter Bain,.rote.-That James Cox and George
William Brough,               Puddington were then Burgesses for the
Francis Poesy.    3           people at Ann Arundell.
*William Durand                 * Note.-That this is the same man
Anthony Rawlins               who attests Mr. Strong's pamphlet beThomas Maydwell               fore mentioned.




72                       THE DAY-STAR.
those upon the Severn, and of Anglo-Catholics
from England. One of the most prominent colonists
upon this river was the Hon. Wm. Burgess, who
bore the arms' of the family at Truro, in Cornwall
(or,  a fesse  chequy, or  and  gules, in  chief  three
crosses-crosslet-fitchee  of the  last), but sustained  a
very near relationship to the Burgesses of Marlborough in Wilts, and whose daughter was the
Marke Bloomfield                Elias Beech
Thomas Bushell                  George Sawyer
William Hungerford              William Edis
William Stumpson               John Gage
Thomas Dinyard                  Robert Ward
John Grinsdith                  William Marshall
William Edwin                   Richard Smith
Richard Browne                 Arthur Turner
William Pell                    William Hawley
William Warren                  William Smoot
Edward Williams                 John Sturman
Raph Beane                     John Nichols
John Slingsby                  Hugh Crage
James Morphen                  George Whitacre
Francis Martin                 Daniel Clocker
John Walker                     John Perin
Stanhop Roberts                 Patrick Forrest
William BrOwne                  George Beckwith
John Halfehead                  Thomas Warr
William Hardwick               Walter Waterling."
An impression from his seal is still preserved.




SETrLEMiEI UPON SOUTH IRIVEE.            73
wife of Lord Chas. Baltimore's step-son.  About
1680, he founded the once little flourishing, but
now extinct, town of London. From this town's
successful rivalship with Annapolis, during the first
few years; from the antiquity of the South River
Club (the oldest probably on the continent); and
from the superior style of the monumental inscriptions at the parish church and upon the plantations; I infer, the settlement, in point of intellectual culture and refinement, upon this river, was
in advance of the one upon the other. Of all the
provincial governors, whose tombstones are preserved, or I have been fortunate enough, at least, to
find, Col. Burgess is the one whose epitaph is the
oldest 1
1 EPITAPH.
Here lyeth ye body of W. Burges,
Esq., who departed this life on ye
24 day of Janu., 1686;
Aged about 64 years; leaving his
Dear beloved wife Ursula, and eleven
Children; viz. seven sons and four daughters,
And eight grand children.
In his life-time, he was a Member of
His Lordship's Council of State; one
4




74                   THE DAY-STAR.
Twenty miles from the mouth of the Patuxent,
during the same year (1650), a Protestant settlement
(probably Anglo-Catholic) was foundel1 by Robert
Brooke, from  England; consisting  originally  of
forty persons-their  names are still preserved' —
Of his Lordship's Deputy-Governors;
A Justice of ye High Provincial Court;
Colon. of a regiment of ye Trained Bands;
And sometimes General of all ye
Military Forces of this Province.
His loving wife Ursula, his Executrix,
In testimony of her true respect,
And due regard to the worthy
Deserts of her dear deceased
Husband, hath erected this Monument.
l "The names of people come out of England, and arrived in
Maryland, June 30, 1650, at the cost and charge of Robert
Brooke, Esq.
Robt. Brooke        Thomas Brooke        John Brook.
Mary his wife;      Charles Brooke       Wm. Brooke
His children        Roger Brooke         Francis Brooke
Baker Brooke         Robt. Brooke        Mary Brooke
Anna Brooke.
M E N- SE R VA N T S.
Marke Lovely        Win. Bradney         Rich. Robinson.
Marke King          Phil. Harwood        Anthony Kitchin




SETTLEMENT UPON THE PATUXENT.             75
and  including  his own  very large family, now
represented by the Brookes of B3rooke-Grove in
IAontgomery, and by a vast number of descendants
in Prince George's, and in other counties of the
western shore.  One of his representatives, through
a female line, is Roger ]Brooke Taney, the present
chief justice of the United States. The settlement
was erected into  a county, under the name of
Charles; and one of Mr. Brooke's sons created
lord of the manor,' which formed the chief seat
of the little colony. Under a commission from
the proprietary, Mr. Brooke was the first commander of the county.  HIe also held a seat in the
Wmin. Jones        Thos. Joyce        Robt. Hooper
John Clifford     Henry Peere        Wm. Hinson
James Leigh        Thomas Elstone    John Boocock
Benjamin Hammond  Edward Cooke       David Brown]
Robt. Sheale      Ambrose Briggs     Henry Robinson.
IMIAID-SERVANTS.
Anne Marshall          Abigael Mountague
Katherine Fisher       Eleanor Williams
Elizabeth Williamson   Agnes Neale
Margarite Watts.                 Forty persons.
LAND RECORDS, Lib. No. I. pp. 165, 166.
The name of the manor was De la Brooke.




76               THE DAY-STAR.
privy council; and, at a little later period, but
during the ascendency of the Puritans, was elevated
to the post of president-an office analogous to that
of lieutenant-general, or governor.
The mild  and  gentle  Friend  also  cameunkindly treated, it is said, at first-the reasons have been suggested-but in  due course
of time, much better understood, and saving a
single exception (the one relating to the. oath1),
made joyful and happy, in a religious and in
every other particular.  Fox, hhimself, appearedthe chief of the  Quakers-a great reformera man of rude, but powerful eloquence, and
whose fame had preceded his mission to the
New  World-travelling with an energy almost
incredible over various parts of the  continent,
through forests and thickets, through deep marshes
and dangerous bogs-crossing rivers and bays in
canoes-and sleeping in the open woods by a fire
-preaching at the cliffs of the Patuxent, and upon
the banks of the Severn, upon the Choptank and
Even from the statements and few extracts in Ridgely's excellentAnnals, it is quite evident, that the constitutional question
(ante, p. 63) was mooted, at an early day.




THE QUAKERS.                       77
elsewhere, to Indians and crowds of colonists' —
speaking before aboriginal kings, and leading
emigrants from  the old world-giving utterance to
the Spirit, in words of fire and with all the apparent life of an apostle-thus promoting the growth
of a denomination which soon absorbed a large
number of the Puritans,' and embraced many of
the most respectable and some of the most distinguished families of the province.  In 1672, exclusive of Fox, there were at least seven ministers of
the Society of Friends in Maryland!  The names
are all of them still known.3
1 Fox's ", Journal."
2 The cliffs of Calvert, the banks of West River, and the Choptank, were, it seems, the early rallying-points of this denomination.
And while some of the Puritans sympathized with Episcopacy, a
large number embraced the faith of the great preacher. The
Prestons, the Sharpes, the Thomases, and many others, might be
cited.  The Richardsons also of West River-originally, it is
supposed, of the Puritan type-became prominent Quakers; and
the prevalence of Fox's doctrines is evident from the preservation
of the wills (to omit other proof) containing contributions to the
fund for the support of the body, and bearing the strongly-marked
phraseology, for which the Friends have always been noted.
3 An island of the Chesapeake, near the month of the Choptank
perpetuates the name of a well-known Quaker. It was originally




78                    THE DAY-STAR.
Flying   from   discontent,  from    turmoil,  and
misery, some of the  Swedes' and  of the Dutch,
called Clayborne's. For there the founder of the Kent Island
colony, we may presume, established a trading-post, like the one
upon Palmer's, now Watson's; or perhaps planted a small settlement, as he also did, as early as 1636, through the agency of his' cousin," Ri. Thompson, upon Poplar, still nearer Kent Island.
But Sharpe's Island was held by Doct. Peter Sharpe, for some
time before 1672, or the year of Fox's appearance. "I give,"
says the Doctor (see his will of 1672, Lib. No. 1, 1635 to 1674,
p. 496), "to Friends in ye ministry, viz. Alice Gary, William Cole,
and Sarah iMash " (intended doubtless for Mrs. JIMarsh, the widow
of the Ilon. Thos. Marsh), "if then in being; Winlock Christeson
and his wife; John Burnett, and Daniel Gould; in money or
goods, at the choice of my executors, forty shillings' worth
apiece; also for a perpetual standing, a horse, for the use of
Friends in ye ministry, and to be placed at the convenient place
for their use." There is also other evidence in the will, that Doct.
Sharpe was a Friend. But writers as respectable as Kilty (see
" Land-holder's-Assistant," p. 88) are so horror-struck  at the
" indignities " with which the " strangers" were treated, that they
do not even admit the probability, that the testator of 1672 was a
disciple of Fox. Nor are they in the least aware of the early and
extensive spread of the Quakers in Mlaryland.
The settlement and subsequent fate of the Swedes suggest a
subject for one of the saddest, yet sweetest chapters, in the history
of American colonization. Planted upon the Delaware, under the
auspices of a crown distinguished for its noble qualities; but
overlaid. if not crushed, in the infancy of the colony, by the supe



TIHE SWEDES AND DUTCH.                   79
who had founded the respective settlements upon
the Delaware, received a glad and joyful welcome.
rior numbers, first of the Dutch, and then of the English; they
still retained, in the midst of all their reverses, the fond remembrance of their native land; and cherished, with a gentle but
glowing love, the faith and traditions of their original ancestry.
Eight generations also have lingered around the gravestone and
the hearth of their early American forefathers; nor have they yet
lost those elements so characteristic of their race, and which, in spite
of so much that is mean in every age, have imparted such real
dignity to human nature. But some of them wandered off, at the
period of their severest sufferings, and three were upon Kent
Island about 1665. There also did Valerius Leo and Andrew
Hanson find their early grave.  The heart of Major Joseph
Wickes was touched at the lonely condition of Hanse, the orphan
of Mr. Hanson; and to the young Swede he was, it seems, a
father. The child became a man. He rose to a high official rank,
and held the most honorable posts in Kent County. Upon the
seal of Col. Hanse HIanson's near descendant, is preserved a
coat of arms, consisting of four lilies, with something strongly
resembling a cross; and there are representatives of his family now
living in lMarylaud. One of his descendants was the late Mrs.
Doct. Wroth, of Chestertown.
The number of the Dutch refugees was larger than that of the
Swedish; including the governor, Alexander Diniossa, and his
children, originally from Gilderland. Hie lived sometime upon an
island of the Chesapeake, then called "Foster's;" but subsequently, it seems, upon the western shore. And the last glimpse
I obtain is in Prince GCeorge's county, where his family dwindled




80                  THE DAY-STAR.
They lived and died among us. Their blood, for
many generations, has been mingled with that of
the other colonists.  And from  them  have sprung
some of the most patriotic sons of Maryland.
In 1660, a small colony from  the mouth  of the
Hudson was founded upon the Bohemia River, by
Augustine Herman, a very remarkable man.'  A
manor also of the same name, still a well-known
locality, was erected in consideration of the highly
meritorious services2 he had rendered the proprietary.   And he has descendants through various
female lines who now do honor to the State.
down into a state either of extreme misfortune or of great
obscurity.
Honorably connected with the early diplomatic histories both
of New York and of Maryland. See Albany Records; and his
embassy to Maryland, Bancroft. See also Brodhead. It is due to
the memory of Herman to add, that he derived a title to the land
upon the Bohemia, not only from the proprietary, a sufficient
security, but also from the Indians. The consideration is given in
one of his journals preserved in the Land Office, at Annapolis. A
copy is also in the possession of Col. Spencer's family.
2 The preparation of a map of Maryland and Virginia-a work,
at that time, of great labor-and the best, in the opinion of the
English Crown, which had appeared-but a great curiosity, no
doubt, at present-and a good illustration of the imperfect state




ENGLISH  AND WELSH.                    81
The tidings went also to the Old World. Gladdened  with  the prospect of religious liberty, and
invited by a policy so liberal in all other respects,
strangers arrived firom  England' and from  Wales;
of geographical knowledge at the date of its publication. I have
never seen it; but presume it is still extant.
I have been informed that the Oldhams, the Bayards, the
Maclanes, and other families, claim  a descent from  the proud
Bohemian. But the only ones coming within the proof to which I
have had access are those of Thompson, Forman, Chambers,
Spencer, and their various branches. Within, or near the Manor,
was a small community, *which held the principles of Labady;
including the one which abolishes private property, by a surrender of every thing to the common stock. One of Herman's
sons embraced the faith of that visionary French divine-a source
of real grief to the lord of the manor during his latter years-and
the occasion which demanded a codicil, in which he tied up the
title to his large possessions.
1 In Appendix, No. 1, I shall notice the arrival of the families
of Burgess, Ringgold, Hynson, Dunn, Wickes, Leeds, Stone, Carroll,
Paca, Chase, Pearce, Pratt, Chambers, Goldsborough, Tilghman,
Hawkins, Thompson, Wroth, Sewall, Sprigg, Taney, Tyler, Lowe,
Claggett, Addison, Dorsey, and of Darnall. Most of them were
Protestants. They furnish some of the best representatives of the
early provincial gentry of Maryland. And they nearly all held
some post of honor, under the dominion of the first and of the
second proprietary.
2 The Lloyds, the Thomases, the Snowdens, the Richardsons, the
4*




82                  THE DAY-STAR.
from  Scotland' and from  Ireland; fiom  the dominions of the kings of France and of Spain; from
Shipleys, and many other families, came, it is supposed. from the
Principality. The Severn and the Wye, upon which the Hon.
Edward Lloyd resided, were no doubt named after the rivers of
Wales, in honor of his native land.
The Thomases, it is said, first lived upon Kent Island; but
according to the earliest recorded information I have been able
to obtain. they resided in Anne Arundel, near Thomas's Point,
about 1655. Philip, the emigrant, was a privy councillor, and
many of his descendants held high public positions, including
Phil. Evan Thomas, now living at a very advanced age, the
projector and first president of the Baltimore & Ohio Railroad.
Upon a gold-headed cane, handed down from an early generation, I have seen the arms borne by a well-known family of Wales,
a branch of which once existed near Swansea and Bristol.
The Snowdens arrived about 1660. They were the ancestors of
the large family living in Prince George's and in other counties.
The Richardsons resided many generations upon West River.
They came, probably, about 1665. There is a branch at EutawPlace, near the Monocacy.
The Shipleys, a family of planters in Anne Arundel, and subsequently in several other counties, arrived, I am inclined to
think, at a period but little later. One branch of this family is at
Enfield Chase.
1 The settlement, near the site of Washington city, long before
the erection of Prince George's, but which subsequently formed
a hundred of that county, bore the name of.Jew Scotland.




SCOTLAND AND OTHER COUNTRIES.                 83
the States of HIolland, and firom various parts of
Germany; from Sweed-land, the country of the
And two of the largest families of Maryland-the Magruders and
the Beales-undoubtedly came from Scotland. So, also, it seems,
did the Bowies, the Edmonstones, and other families. The Mlagruders arrived about 1655. One of their earliest seats was upon the
western branch of the Patuxent. Alexander, the emigrant. died
about 1680, leaving his children, Alexander, Nathaniel, James,
John, Samuel, and Elizabeth. The Beales, I think, came some
time after the Magruders. Col. Ninian Beale is the earliest I
remember.  The Bowies (ancestors of the governor) and the
Edmonstones, did not arrive, it would appear, before the Protestant
Revolution. Archibald, the progenitor of the latter, is the first
representative of whom I have any knowledge; and a relation, it
is supposed, to the family of Sir Archibald Edmonstone, of Scotland. He was the progenitor of the Edmonstones, near Bladensburg, one of whom was a leading provincial judge of Prince
George's County Court; and the ancestor, through a female line,
of the Lachlans of Montgomery, but now in the State of Missouri;
and of the wife and children of Gov. Hempstead, of Iowa.
A few only of a high social rank arrived from Ireland.  I
remember no prominent ones, excepting the De Courcys, who,
it is supposed, emigrated from  that country.  Cheston, their
present family seat, has been held for a period of nearly two
hundred years.  It is difficult to say, with certainty, at what
time, or from  what country, the Worthingtons came.  John,
of Anne Arundel County, who died about 1700, and who, it
appears, was the first of the Maryland line, gave his home planta



84                   THE DAY-STAR.
great Gustavus, the champion of Protestant christendom; and from the very heart of the kingdom
of Bohemia, the land of Jerome and of iuss.
The pious emigrant of every name, who believed
tion upon the Severn, to his son, John; " Greenberry's Forest" to
Thomas; and to William, "Howard's Inheritance," with two other
tracts. the one near " Mr. Richard Beard's Mill," the other at
"The Fresh Pond, in the Bodkin Creek of Patapsco River."
The Causins, of Causin's Manor; the Jarbos, of St. Mfary's; the
Lamars, of Prince George's and other counties (one of whom was
a gallant officer of the American revolutionary army); the
Du Valles, of Anne Arundel, ancestors of a judge of the United
States Supreme Court; the Brashaers, of Anne Arundel and of
Prince George's, represented also by the late Doct. Brashaer, of
New Market, Frederick county; and the Lacounts, of the eastern
shore, ancestors of the chief justice of Kansas; are some of our
oldest French families.  There is also but little doubt that the
Ricauds of Kent, represented by the HIon. Jas. B. Ricaud, came
also, originally, if not directly, from France. Colonel Jarbo, and
the ancestor of the Hon Jno. M. S. Causin, arrived before the year
1649; the Ricauds, about 1650; and the Brashaers (directly from
Virginia) at a period not much later. They all arrived before the
Protestant Revolution of 1689.  There is the strongest presumption that the Contees (about the time of their arrival closely
connected with the family of Gov. Seymour, and lately represented
by the gallant John Contee, of Java) came also, originally, from
France; though there is evidence of the fact, that they had lived
at Barnstaple, in Devonshire, as did some of the most distinguished




EMIGRANTS FROM  MANY  LANDS.                 85
only in  CiRIsT, could securely sit under his own
vine or bower, or still more unpretending roof;
and the weeping penitent at his rude altar or humble hearth-stone, might offer up his confession and
his prayer. To the children of sorrow and to the
victims of persecution, to men of various races, of
divers languages, and of many religions, the voice
Huguenots in other parts of England before their emigration to
other countries. The arrival, however, of the Contees in Maryland was late. I doubt if it was before the year 1690.
Four of Capt. James Neal's children were born within the
Spanish or Portuguese dominions, and subsequently naturalized
by an Act of our Assembly.  So also were Anthony Brispoe,
Barbara de Barette, and probably other emigrants.  See Liber,
"Laws, C. & W. H., 1638 to 1678."
A large number came from Holland and Germany, including
the families of " Comegyes" and Lockerman.  See last-named
liber, where also I have obtained the birth-place of many alien
emigrants.
Axell Still, John Elexon, Oliver Colke, Marcus Syserson, Jeffrey
Jacobson, Mounts Anderson, Cornelius Peterson, and Andrew
Clements, may be named among those who were born in Sweden.
Augustine Herman, the founder and original lord of Bohemia
Manor, was born at the city of Prague. Manhattan, now New
York, was the birth-place of most of his children. See Liber,
"Laws, C. & W. H., 1638 to 1678," p. 158. His wife also was
probably born at Prague.




86              THE DAY-STAR.
of our early legislators was like the "' sound" from
a better world-like a second evangely from the
skies! For they spoke, " every " one in his " own
tongue,"" the wonderful works of God."
I have attempted to trace the birth and early
growth of our religious liberty, under its successive phases; showing the harmony between the
proprietary and the planters; explaining the legislation of the provincial Assembly according to the
rights and obligations springing out of the charter;
and sketching the effects of so liberal a system
upon the colonization of Maryland. Without reference to the credit due either to the Roman
Catholic or to the Protestant Assemblymen of
1649, it is but proper to add, what will be denied
by no one at all familiar with the colonial records,
that the legislative policy so honorable to our
ancestors and so beneficial in its influence, underwent no material change, except a few years later,
at the short period of the ascendency of the
Puritans; and in 1689, at the complete overthrow
of the proprietary's government-an event which
resulted in the establishment of the Anglican
church, and in the persecution of the Roman
Catholics.




REI1VOLUTION OF 1689.                  87
The history of the Protestant revolution in 1689
has never vet been fully  written.  But there  is
evidence upon the records of the English government to show it was the result of a panic, produced
by one of the most dishonorable falsehoods' which
The following documents are taken from the English State
Paper Office. As specimens of the spelling, of the method of
abbreviation, and of the punctuation, nearly two hundred years
ago, the first five are printed in a style which resembles the copies
sent me:
REPORT OF COMMISSIONERS TO THE INDIANS.
23 AUGUST, 1689.
S. P. O.
B. T. M~aryland,
Vol. 1, B. D. 25j-.
Azugust ye 28d, 1'0.
These may acquaint yow, that we whose names are underwritten
have, according to request, bin and treated wvith ye Indians, and
doe find'em to be very civill and kind, and desire nothing butt
peace and quiettness, butt yt in part thorough ye instigation of
bad people, and chiefly doe instance Andrew Gray, that ye
English in one moone w'ould cutt them  all of; likewise, concerning an Indian woman, wch they say was kill'd by Cornelius
Mulraine's wife, wch they have expected some satisfactory answer,
concerning which as yett they have not received. Also, yt ye Sd
Cornelius since their departure offer'd great abuse in robbing
them of their cannouscorn, matts, bowles, and basketts, and they
say their chests have been broke open, and since they have bin
gone out, ye sd Gray hath bin with'em and threatned them if they




8S                   THE DAY-STARI
has ever disgraced any religious or any political
party-by  the  story, in  a  few  words, that the
would not come home, he would gett a party of men and fetch'em P force. Likewise they say they have ten Indians wCh went
between Oxford towne and Coll. Lowe's, and that their time of
return is relapsed, and are not satisfyed what is become of'em.
Whereof all these things being computed together, hath seized
them with feare, butt that they were very joyfull att our comeing and were takeing up their goods to return to their
habitations.
John Stanley    Wm. Dickenson
John Hawkins   Wm. Stevens
Clement Sales. Winm. Bealey.
This is ye copy of the answer sent to the
Burgesses from ye Indians.
The next discloses the nature of the charge against the Roman
Catholic governors:
REPORT OF COMMITTEE OF SECRECY.
REc'D. 31 DEC. 1689.
S. P. O.
B. T. Mfaryland,
VoZ. 1, B. D. 5.
The Committee of Secrecy appointed by this present
Assembly, the Representative Body of this Province
doe make their Report as followeth, vizt.
Wee have diligently faithfully and with all due circumspection made inquisition into the severall affaires and concernes
committed to our care. for discovering of the truth thereof, and




REVOLUTION OF 1689.                   89
Roman Catholics had formed a conspiracy with
the Indians, to massacre  the  Protestants!   The
we find, First, that the late Popish Governors have contrived conspired and designed by severall villanous practices and machinations, to betray their Majties Protestant subjects, of this Province,
to the French, Northern, and other Indians; and that there hath
been and still is eminent danger of our lives libertyes and
estates, by the malitious endeavors and combinations of the said
Governors with the Indians and Papists to assist in our destruction and the subversion of our Religion. And wee also find by
the informations, examinations evidences and depositions by us
taken, that the late Governors did prorogue and obstruct the last
Assembly from meeting, least the truth of their unjust contrivances and wicked designes should be made manifest.
And wee the Committee aforesaid doe also discover and apparently find the trayterous undertakings of the said Governours in
their Renunciation disowning and denying the right title and
Soveraignty of King William and Queen Mary to the Crowne of
England and its Dominions.
The verity of the above particulars is to be further proved by
other numerous circumstances and evidences that are now in the
custody of the said Committee, for their Majties service.
Read approved of and ordered -to be entered in the Journall
of the House of Assembly.
(JMemorandum on the back.)
Memorandum, notwithstanding the Country have
often desired a proofe of the accusations this




90                  THE DAY-STAR.
testimony comes from the most respectable sources
-not only from  the members of the Church  of
$omittee charged upon some of ye Lord Proprietaryes Deptyes, yet the same could never be
obtained, or was any wayes made appear.
(Indorsed.)
"Report of the Comittee of Secrecy,
touching the late Governmt. Copy.
" Recd fro ye Ld Baltemore, 31 Dec.
1689."
Voted in Assembly, 28 Aug., 1689.
I beg to invite especial attention to the narrative of Mrs.
Smith:
NARRATIVE OF MRS. BARBARA SMITH.
30 DEC. 1689.
S. P.O. 
B. T. Maryland
Vol. 1. B.D. 17.
The Narrative of Barbara wife of Richard Smith of
Puttuxent River in Calvert County in the Province
of Maryland.
Upon the 25th of March last a rumour was spread abroad about
the mouth of Puttuxent River, that ten thousand Indians were
come down to the Westerl branch of the said river. Whereupon
my husband went up to the said Western branch, where he found
noe Indians, but there a strong report that nine thousand were at
Matapany, and at the Mouth of Puttuxent, and that they had cutt
off Capt. Bournes family, and had inforted themselves at Mata



REVOLUTION OF 1689.                     91
Rome, but also from  many of the most prominent
Protestants of the province; including the Honorpany,; vwhich was all false.  Upon these rumours the country
rose in armes, but after diligent search and inquiry in all parts of
the Province, this rumour was found to be only a sham, and noe
Indians any where appeared to disturb or molest any the people
of our Province. All which reports I doe verily beleeve were
designedly spread abroad to incite the people to rise in armes as
afterwards by the like sham they were induced to doe. For in
the latter end of July following one Capt. Code; Coill. Jowles,
Majr Beal, IMr. Blakiston, with some others appeared in armes, and
gave for their pretence that the Papists had invited the Northern
Indians to come down and cut off the Protestants, and that their
descent was to be about the latter end of August when Roasting
Eares were in season, & that they therefore rose in armes to
secure the Magazine of Armes and Amunition and the Protestants
from being cut off by the said Indians and Papists. This was their
pretence to those they found very apprehensive of the said
Indians; to others they said their designe was only to proclaim
the King and Queen; but when the aforesaid persons with some
others had gathered together a great number of People together,
they then came and seized upon the Government, who withstood
them first at St. Maryes in the State House where the Records are
kept. whom the said Code and his party soon overcame and
seized upon the Records, from thence he proceeded with his party
to Matapany House wherein Coll. Darnall with some forces, as
many Protestants as Papists, had garisoned themselves, but were
soon forced to capitulate surrender and yield to the said Code
and his party. They haveing thus possessed themselves of the
governmt, one Johnson master of a ship being bound for England,
they gave him charge he should carry noe letters but what was
sent from themselves, & my husband they arrested and put in




92                    THE DAY-STAR.
able Thomas Smyth, the ancestor of the Smyths
of Trumpington, subsequently of Chestertown;
prison for fear he should goe for England with the said Johnson
to give an accompt of their proceedings, and as soon as the said
Johnson was gone they released him again. The said Cole and
his complices then sent out letters to all the Countyes of the Province to choose an Assembly. What was done in the rest of the
Countyes besides Calvert and Ann Arrundell I am not acquainted
with, but when the sd letters for the chooseing of Burgesses came
to our Sheriff to sumon the people for that purpose, he refused the
same. They then went to Mr. Clegatt, Corroner, and he alsoe
refused (who are both Protestants). Whereupon Cell. Jowles rode
about to give the people notice himself. When the County were
come together most of the Housekeepers agreed not to choose any
Burgesses, and drew up an abhorrence against such proceedings;
ye which election was alsoe much opposed by our Sheriff. Whereupon Coell. Jowles gathered. his souldiers and caused the election
to be made by the number he had, which was not above twenty,
and'of them not above ten that were capable of electing. Coell.
Jowles himself and lMajr Beal his next officer were returned for two
of the Burgesses elected, and because Mr. Tan6y, the Sheriff, &
my husband endeavoured to oppose the said Election, the said
Code caused them to be put in Prison. Neither for this Election
nor in their cause did almost any of our county appear that were
men of estates or men of note, but they to the contrary published an abhorrence against such proceedings, and were themselves, as are most of our County, Protestants. The County of
Ann Arrundell, which is accounted the most populous and richest
of the whole Province, and wherein is but one Papist family,
unanimously stood out, and would not elect any Burgesses.
About the 21st of August the Assembly of their calling met, before
whom was brought Mr. Taney our Sheriff and my husband; and




THE PROTESTANT REVOLUTION.                 93
from  MlIajor Joseph Wickes, at one time chief justice  of  the  County  Court, and  many  years  a
Capt. Code and his complices haveing pretended they had the
Kings Proclama" for what they did, my husband demanded to see
the same; but their answer was, take him away, Sheriff. Mr.
Taney likewise asking them by what authority he was called
before them, Code answered What, this is like King Charles, and
you are King Taney,take him away. Notwithstanding upon the
said Code's riseing as before is said, their pretence was cheifly to
secure the Country against the Indians, yet all this while nor
untill my comeing away which was the 26th of September last,
there was not the least appearance of any forreign or home
Indians comeing to disturb us. What was their further proceedings in their Assembly I am not able to give any accot of, but Mr.
Taney and my husband were detained'prisoner at my comeing
awvay.
(Signed)        BARBARA SMITH.
Dated in London, the 30th of December, 1689.
(Indorsed)     "Mrs. Smith's Narrative of
the troubles in Maryland."
The testimony from the Protestant county of Kent is exceedingly valuable:
ADDRESS OF PROTESTANTS OF KENT COUNTY.
NOVEMBER, 1689.
S. P. O.
B. T. Mfaryland,
Vol. 1, B. D. 41.
To THE KING'S RMOST EXCELLENT MAJESTIE:Wee your Majesties most loyall and dutyfull subjects the ancient
Protestant Inhabitants of Kent County in your Majties Province
of Maryland, who have here enjoyed many halcyon dayes under




94                    THE DAY-STAR.
distinguished representative of IKent; from the
Honorable Henry De  Courcy (then written  Courthe imediate Governmt of Charles Lord Baron of Baltemore and
his honble Father, absolute Lords Proprietaries of ye said Province
by charter of your Royall Progenitors, wherein our Rights and
Freedoms are so interwoven with his Lordships prerogative, that
wee have allwaies had ye same liberties and priviledges secured
to us. as other your Maijties subjects in the Kingdome of England.
And wee againe by vertue of the said Charter (as it enjoyned us)
have alwayes paid our obedience to the said Lord Baltemore and
his honble Father, by whom equally and indifferently were justice,
favour, authority & preferment administered, bestowed conferred and given to and upon your }Majties subjects of all perswasions: Doe in prostrate and humble manner testifie to your
AMatie that we abhorr & detest ye falsehood and unfaithfullness
of John Coade and others his Associates and Agents, who first by
dispersing untrue reports of prodigious armies of Indians and
French Papists invadeing us, did stirr up unjust jealousies and
dismall apprehensions in ye less cautious sort of people of this
Province, and then haveing thereby created unnecessary feares
& disposed ye people to mutiny and tumult, made further insurrection, and extorted the lawfull governmt from the Lord Propriety, who was alwayes as ready to redress our aggrievances as
wee to complaine. And now the said John Coade and his accomplices haveing assumed the Government upon themselves, and
procured a Convention to be tumultuously assembled, did tyrannically imprison, restrain and turn out of civill and military
Comission severall of your Majties good subjects of unquestionable loyalty and affection to the Church of England, who
approved nott of his actions, and who might justly by your
Majities proclamation have continued in authority, and done your
Majtie good service.  And those Delegates in that manner con



THE PROTESTANT REVOLUTION.                 95
sey), a descendant, it is strongly presumed, of an
illustrious Anglo-Norman  family, and  a  perfect
vened, (being part or most of them factious persons of no comendable life and conversation) have arbitrarily decreed and
ordained many things to the inconvenience of your Majesties
people, placed the Militia of severall Counties in the hands of
unworthy and infamous persons; and the better to make their
decrees to be observed, many of the said Delegates have procured
themselves to be putt in judiciall places, to the terror of your
Majties more peaceable subjects. From the.dangers and apprehensions whereof, Wee your Majesties most loyall, dutyfull, and Protestant subjects, in these our Addresses humbly crave by your
Princely care and prudence to be freed and enlarged, and that
the Government together with your Majties favour and a lasting
settlement may be again restored to the Rt. Honb'e Lord Baltemore, which will make him and us happy, and give us new occasion to bless God, and pray for your Majties life and happy reign.
(Signed)  Win. Frisby,        Henry Coursey,
Griffith Jones,     Josh. Wickes,
Robert Burman,      Jno. Hynson,
Philemon Hemsley,  George Sturton,
Simon Wilmer,       Lambart Wilmer,
William Peckett,    Gerrardus Wessels,
Josias Lanham,      Richard Jones,
Thomas Ringgold,   Philip Conner.
Tho. Smyth,
(Indorsed)
"Kent County in the Province of Maryland.
Address to His MajtY."
N.B.-There are several other addresses from various Counties,
with numerous signatures.                           R. L.
R~. L.




96                   THE DAY-STAR.
master of the whole aboriginal diplomacy of that
period; from Michael Taney, the high sheriff of
Col. Darnall was a Roman Catholic. But he surely should be
allowed to speak:
COL. HENRY DARNALL'S NARRATIVE.
31 DEC., 1689.
S. P. O.
B. T. Maryland,
Yol. 1, B. D. 16.
The Narrative of Coll. Henry Darnall, late one of the
Councill of the Rt. Honble ye Lord Proprietary of
the Province of Maryland.
On the 15th of March last Coll. Jowles sent word to the Councill (then at St. Maryes) that three thousand Indians were comeing
down on the Inhabitants, and were at the head of Puttuxent
River, and required armes and amunition for the people to goe
against the said Indians, all which was with all expedition sent
him by Coll. Digges. The next morning I went up myself to Coll.
Jowles, where I found them all in armes, and they told me they
heard there was three thousand Indians at Matapany (from when
I then came). I assured the People it was a false report, and
offered myself to goe in person if they could advise me where
any enemyes were, Indians or others, whereat they seemed very
well satisfied. I began to suspect this was only a contrivance of
some ill-minded men, who under this pretence would raise the
Country, as by what happened afterwards we had reason to
beleeve. Upon the most diligent search and enquiry into this
whole matter, noe Indians any where appeared, and when ever
any messenger was sent to the place where it was said the Indians




THE PROTESTANT REVOLUTION.                97
Calvert, and the ancestor of the present chief justice of the United States; from Richard Smith, a
were come, there the Inhabitants would tell them they heard they
were landed at such a place; but after long search from place to
place and noe sign of any Indians, the people were pretty well
pacified, and Coll. Jowles himself wrote a Remonstrance (the copy
whereof is here inclosed) which he signed, as did severall others
who had the examination of this matter, the which was published
in order to quiet the People, who in a few dayes seemed to be
freed from their apprehensions. From this time untill the 16th
of July foll. the country was all quiet and noe appearance of,
any enemy to disturb them, Indians or else. On the said 16th of
July, a messenger came to me at AIatapany, in the night time,
to acquaint me that John Cood was raiseing men up Potowmeck;
whereupon I informed the Councill thereof, who immediately dispatched a person to know the truth; but the said person was
taken by Cood as a spy and by him kept, soe the Councill had
noe notice untill two dayes of any thing, when they were assured
that Cood had raised men up Potowmeck, and that some were
come to him out of Charles County, who were all marching down
toward St. Maryes, and in their way were joined with MAajr Campbell and his men. Coll. Digges, haveing notice whereof, got together about an hundred men, and went into the State House at St.
Maryes, which Cood and his party came to attack, and which Coll.
Digges (his men not being willing to fight) was forced to surrender, wherein were the Records of the whole Province, which Cood
and his party seized. In this while Majr Sewall and myself went
up Pattuxent River to raise men to oppose said Cood and his
party, where wee found, most of the Officers ready to come in to
us, but their men were possessed with a beleef that Cood rose
only to preserve the country from the Indians,& Papists, and to
5




98                   THE DAY-STAR.
brave and generous spirit, connected with the
family of Somerset, and the forefather of the
proclaim the King & Queen, and would doe them noe harm, and
therefore would not stir to run themselves into danger; soe that
all the men we could get amounted not to one hundred and sixty,
and by this time Good's party were encreased to seaven hundred. The Councill seeing how the people were led away by false
reports and shams, in order to quiet them and give them all
imaginable assurance they were clear and innocent of inviteing
the Indians down, as was laid to their charge, offered to make
Coll. Jowles (who was the cheif of their party next to Cood)
Gen", of all the forces in the Province, and sent such an offer to
him, who returned a very civill answere, that haveing comunicated what we wrote to his own men he had with him, they were
extreamly satisfied therewith. and gave us hopes he would come
down to us; but to the contrary he went & joined Cood at St.
MJaryes, to whom and to all then in armes there, the Councill sent
a Proclamation of pardon, upon condition they would lay down
their armes and repair to their respective habitations: the which
Cood (as we were credibly informed) instead of reading to the
People what was therein contained, read a defyance from us,
thereby to enrage and not to pacify them. Cood and his party
haveing thus made themselves masters of the State House & the
Records at St. Maryes, borrowed some great gunns of one Captain
Burnham, master of a ship belonging to London, and came to
attack Matapany House, the which when he came before, he sent a
Trumpeter & demanded a surrender. Wee desired a parley and
personall treaty in the hearing of the People, which Cood would
never consent to. We knew if we could but obtain that in the
hearing of the People, we should be able to disabuse them and
clear ourselves of what they were made beleeve against us; but




TIE PROTESTANT REVOLUTION.                  99
Smiths of St. Leonard's Creek, and of the iDulanys and the Addisons; and from  Captain Thomas
Claggett, the progenitor of the first Anglican
bishop  of  Maryland.   The  opposition  of these
Protestants is, indeed, honorable, in  the highest
degree, to their memory.  Taney was one of the
this we could never get at their hands, but to the contrary they
used all possible meanes to keep the People ignorant of what we
proposed or offered, and made use of such artifices as the following, to exasperate them. They caused a man to come rideing
Post with a letter, wherein was contained that our neighbour
Indians had cut up their corn and were gone from their towns,
and that there was an Englishman found with his belly ript open,
which in truth was no such thing, as they themselves owned
after Matapany House was surrendred. We being in this condition and noe hopes left of quieting or repelling the People thus
enraged, to prevent effusion of blood, capitulated and surrendred.
After the surrender of the said house, his Lordships Councill
endeavoured to send an accot of these transactions by one Johnson master of a ship bound for London, to his Lordship, the
which the said Johnson delivered to Cood. When we found we
could send noe letters, Majr Sewall and myself desired of Johnson
we might have a passage in him for England, to give his LordsP
accot of matters by word of mouth, which the  said Johnson refused, upon pretended orders to the contrary from Cood.
Whereupon Miajr Sewall & myself went to Pensylvania, to
endeavour to get a passage there; upon which Cood and his
party to occasion to give out we were gone to bring in the
Northern Indians; but we missing of a passage there, came back
and stayd in Ann Arrundell County (who never had joyned with




100                  THE DAY-STAR.
victims of a cruel imprisonment, accompanied
with  gross insults and  indecent taunts, in consequence of his cool and inflexible refusal to sanction
the iniquitous proceedings of Col. Jowles, and the
other leaders of the revolution. Smith also was a
victim.
Cood and his party) until the 26th of September, when (Majr
Sewall then being sick) I myself got a passage hither in one
Everard. As to their proceedings in their Assembly, I can give
noe accot, only that they have taken severall Prisoners.
(Signed)           HENRY DARNALL.
LONDON, December 31st, 1689.
(Indorsed)
" Coll. Darnall's Narrative of the
troubles in Maryland. 1689."
The following is from the ancestor of the Chief Justice:
MR. MICHAEL TANEY TO MRS. SMITLI.
14 SEPT., 1689.
/AP.O.!
B. T. T. ryland
VFol. 1, B. D., 26. j
MADAM SMITH:
I doubt not but you have heard what pretence those gentlemen
who have lately taken up arms here in Maryland, in their majesties' names (to pull down ye lawful authority of ye Lord Balltamore here, which he held under their said majesties), makes for
my confinement in prison along with your husband, the which I




ERECTION OF COUNTIES.                 101
Besides Anne Arundel and Charles, six counties,
between the years 1649 and 1698, were erectedhope neither you nor any good Christian or moral honest man or
woman, which ever had any acquaintance with my life and conversation, will credit; and that you and all persons to whom this
shall come, may know what I have done, whereby they ground
their pretence.  I therefore hereafter write down ye heads of
the whole (viz.): At the first of my knowing of their taking
up arms, which was some time in July, 1689, I endeavored,
with what arguments I could use, to persuade all people, but
chiefly Col. Jowles (my now chief enemy), to lie still and keep
the peace of ye country, until their majesties' pleasure should
be known; for that I looked upon it to be rebellion for persons
here, without order from their majesties, to take up arms against
ye lawful authority, which then rested in ye lord proprietary
under'their majesties, as I did conceive; which arguments, with
some, I presume, prevailed, so that they lay still, but not with
Col. Jowles. Then afterwards, when they besieged Mattapony, I
went first to the gentlemen's camp, and afterwards to Mattapony,
and, as an instrument of peace, so far as I could with my weak
endeavors, Mr. Marsham being with me, persuaded both parties to
comply without shedding blood, and accordingly they did. At
which time Mattapony by ye Governors being surrendered, and the
magazine of arms and ammunition all over the country, as soon
as they possibly they could, seized on by those gent., so that they
had the strength and command of most of ye country in their
hands;and all papists in general desisting to act any further in
government and office; but Col. Jowles and ye rest of those gent.,
not content to rest there, or not thinking themselves safe in what
they had done, sending out precepts in their majesties' names,
requiring the sheriffs of each county to warn the people to meet
together and choose delegates and representatives to meet and




102                  THE DAY-STAR.
four upon  the eastern, and two  upon the western
shore. And at the period of the Protestant revoassemble together, under pretence of settling affairs; and also a
proclamation that all officers not being papists, or having been in
actual arms, nor any ways declared against their majesties' service,
honor, and dignity, should continue in their places;and also a
declaration of their own ggrievances to be publicly read; and
Col. Jowles showing me some of those papers, being directed to
me, as sheriff of Calvert County, I not being willing to execute
their commands, endeavored to excuse myself, saying, I look upon
myself, by ye surrender of ye government, to be discharged of my
office. Whereupon Col. Jowles took some other course to have it
done; but afterwards I finding most people of our county, and
being informed it was so generally through ye country, that all
people, except such as had been in arms or abetters to their cause,
was willing to remain as they were, until their Majesties pleasure should be known, and I conceiving that my consenting to
choose delegates and representatives to sit in such Assembly, and
they countenancing the thing that was done, although they were
awed to it, would make me guilty as well as they that did it;
therefore I resolved not to choose, nor consent that any should be
chose; however, being modest forbore railing or speaking grossly
of what was done. And when the time appointed was come for ye
election, Col. Jowles and divers of his soldiers being at ye place,
and I also and divers of the better sort of the people of our
county, discourse arose about choosing representatives, and I and
many others, being much the greater number, argued against
choosing any. Amongst which discourse, Col. Jowles threatened
that if we would not choose representatives freely, he would fetch
them down with ye long sword, and withall required ye deputy
clerk to read some papers that he had. Whereupon I asked Col.
Jowles whether those papers were their majesties' authority, and




ERECTION OF COUNTIES.                  103
lution, the population of the province, we may
suppose, was not less than twenty-five  thousand;
if they were I would read them myself, if not, they should not
be read. But he still bid ye clerk read them. Whereupon I said
to him and the rest of ye company, " Gentlemen, if the lord proprietary have any authority here, I command you, speaking to ye
clerk, in ye name of ye lord proprietary, to read no papers here.
Whereupon Col. Jowles went away in great rage, saying he would
choose none, yet, afterwards, having got some of his soldiers to
drink, he and they did somewhat which they called a free choice,
and I and many more of the better sort of ye people set our hands
to a paper, writing that expressed modestly and loyally some
reasons why we were not willing to choose any representatives to
sit in that intended assembly. For which doing I was fetched
from my house on Sunday ye 25th of August, 1689, by James
Bigger and six other armed men, by order of the persons assembled at ye command of Coad and his accomplices, and kept close
prisoner at ye house of Philip Lynes, under a guard of armed
men, and upon ye 3d day of September carried by a company of
soldiers before ye said Assembly, where Coad accused me of rebellion against their majesties King William  and Queen Mary, for
acting as above written, and withal told me if I would submit
to a trial they would assign me counsel. Whereto I answered
them that I was a freeborn and loyal subject to their majesties of
England, and therefore expected the benefit of all those laws of
England that were made for the preservation of ye lives and
estates of all such persons, and therefore should not submit myself
to any such unlawful authority as I take yours to be. Whereupon
they demanded of me who was their majesties' lawful authority
here. I answered, I was, as being an officer under ye Lord Balltamore, until their majesties' pleasure should be otherwise lawfully
made known. Then they ordered the soldiers to take me away




104                  THE DAY-STAR.
most of the earliest settlements having been
founded upon the islands of the Chesapeake, near
the banks of its tributaries, or within the inlmiediate vicinity of its shores. In 1654, the order erecting  Charles upon  the  Patuxent, was rescinded;
and  Calvert established  in place of it.   A  few
years later, the county of the former name was
erected upon the Potomac, and upon the Wicoawhile, and soon after ordered my bringing in again before them,
with Mr. Smith and Mr. Botler, telling us it was ye order of ye
House that we must find good and sufficient security to be bound
for us to answer before their majesties' commissioners and lawful
authority what should be objected against us, and in the mean
time be of good behavior. To which we answered, their authorities we looked upon not lawful to force us to give any bonds, and
that we had estates in this country sufficient to oblige our staying
to answ er what any lawful authority could object against us.
Then we were again ordered away to Mr. Lynes's, with a guard
to keep us prisoners still, and afterwards having considered with
ourselves, we informed them by Mr. Johns and several of them
themselves speaking with us, that we would give them what bonds
they pleased for our answering what should be objected against
us by any lawful authority, leaving out the clause of good
behavior, for that we knew they would make any thing they
pleased breach of good behavior, and under presence of that,
trouble us again at their pleasure. But that would not do, so at
ye adjourning of ye Assembly we were all ordered by them to be
kept in safe custody of Mr. Gillbert Clarke whom they made
sheriff of Charles County, until we should give bond as above




ERECTION OF COUNTIES.                 105
mico; and about 1659, the extensive, now populous, rapidly-growing county of Baltimore.  There
is no trace of Talbot anterior to 1660. Somerset
was erected in 1666; Dorchester, about 1669; and
Cecil (which had mainly grown out of Herman's
settlement) in the year 1674.  Great doubt exists
required.  Which is ye whole substance hitherto proceeded on,
that is known to your humble servant to command.
MiCn. TANEY.
September ye 14th, 1689.
Charlestown, in Charles
County, where we are, and
are like to remain still.
(Addressed)
To Madame Barbara
Smith. These.
XMem.-Ye 14th Septr. 1689, Capt. Coede mustered all ye men of
St. Mary's County at Chopticoe, and did then and there order yt all
Protestants servants and freemen should apear there at Chopticoe
yt day fortnight, with provision for a march into Anne Arundel
County, and those yt were provided arms, to bring them with
them, and those yt were not should there be furnished with ye
country armes.
(Indorsed)
"Maryland, 1689.
Letter to Mrs. Smith
about Capt. Smith.
Reed 16 Dec., 1689."
5*




106              THE DAY-STAR.
respecting the original boundaries of most of these
counties. Anne Arundel, for instance, extended to
Fishing Creek, some distance below  its present
limit; but the fact was not known to the legislature subsequently to the American Revolution;
and a long, tedious, and very expensive controversy was the result.  The boundary of Cecil
reached to the southern extremity of Kent, in
1674.  And  at an  earlier period, Baltimore
embraced a large portion of the eastern shore,
including Bohemia manor. The first courts of this
county, there is strong reason to believe, were held
upon the same side of the Chesapeake; and its
ancient limits included the island, which received
the first foot-prints of civilization upon the western
shore of MBaryland. Before the year 1689, many
tracts were taken up in Prince George's; but that
extensive county, out of which Frederick was
carved as late as 1748, was not itself erected out
of portions of Calvert and Charles till the year
1695. The names of our early counties are not
unworthy of a notice. They suggest or commemorate interesting facts, in the history of our
colonization.




SPESUTIA ISLAND.           107
Spesutia Island, originally within the limits of
Baltimore, perpetuates the name of Col. Nathaniel
Utye, one of the most sanguine and adventurous
pioneers in the colonization of the country, upon
the head-waters of the Chesapeake. There, also,
did Augustine Herman make his treaty with
the Indian chiefs, for his title to the land upon the
Bohemia River.  Spesutia has sometimes been
confounded with the island, upon which Clayborne
established his trading-post with the Susquehannocks, as early as 1630. But Watson's is the one
which corresponds with Pallner's in size, and in
every other particular.
In duration as well as the difficulty of arriving
at a satisfactory result, the contest between Anne
Arundel and Calvert was not unlike that between
Lord Baltimore and the Penns. But the identity
of 3Marsh's (the admitted boundary) with Fishing
Creek, is clearly proved by the records in the
Land Office.  And the history of the title to
")Major's Choice" taken up by the Honorable
Thomas Mlarsh, near the cliffs of Calvert, will readily develop all the evidence upon this knotty
question.




108             THE DAY-STAR.
CHAPTER IX.
The State of Society, from 1634 to 1689.
THE overthrow  of the proprietary's authority
was the knell to the hopes of St. Mary's; and, before the lapse of many more years, Annapolis
became the seat of government.
During the era of Roman Catholic toleration,
the original tenant of the forest lived almost side
by side, and generally upon terms of the best amity,
with our early colonial forefathers. Half-breeds,
or their near descendants, probably still exist,
both in the neighborhood of the Piscataway, and
upon one or more rivers of the Eastern Shore. It
has also been a thousand times asserted, that the
blood of aboriginal &hiefs is now represented by the
Brents, by the Goldsboroughs, and by many of
our other most distinguished families.
Of the chesapeakes (the nation who had given a
name to our " Great Bay ") no vestige in Maryland




THE YOACOMICOS.              109
appeared, at the arrival of Governor Calvert. Long
before the settlement at St. Mary's, they were a
small tribe, with not more than a hundred warriors,
living upon a branch of the Elizabeth river, and
under the dominion of the Powhatans, a powerful
confederacy embracing more than thirty different
nations, and which had extended its sway to the
very banks of the Patuxent.'
The  Yoacomicos liked upon the St. Mary's.
They were there at the arrival of the Pilgrims.
The scene between Governor Calvert and the chiefs
cf this tribe, has been described, not only by eyewitnesses, but also by a host of later writers. It is
not more honorable to the religion of the Roman
Catholic, than to the instinct of the savage. A cup
of cold water, we are taught, is not without its
reward; and the welcome given by these simple
children of the wilderness, deserves to be held by
the succeeding generations of Maryland, in the
most grateful and enduring remembrance.'
1 See Smith's History of Virginia; Bozman's History of Maryland.
2 See ante, pp. 46-47. For further particulars see " A Relation
of Maryland," and also Father White's Journal.




110              THE DAY-STAR.
At an early period, the llfatapeaks lived upon
Kent Island. Their name is still perpetuated by a
small stream.  And upon the farin held by the late
General Emory, is " The Indian Spring."  There
also was a large number of arrow-heads, and other
relies. And in the same part of the island, is a
neck of land, which for a long time, bore the name
of ]3atapax.'
The Susqueha/cnnocks, who gave their name to a
large tributary of the Chesapeake, were the most
powerful confederacy within the limits of Maryland. Their chief dwelling-place was upon the
head waters of the Chesapeake; but they overran
a large portion of the Eastern and of the Western
shore; and even invaded the Yoacomicos.  They
were also distinguished for their noble, gigantic
size; and received with great kindness, Capt. Smith
and his companions, during his exploration of the
Chesapeake, long before the settlement upon Kent
Island.  Many also were the treaties, which they'For several facts relating to the Indians upon this Island, see
my paper presented about three years since to the Md. Historical
Society.




THE PATUXENTS.                    111
signed  with  Maryland; including  the  one' for a
large portion of our territory.2
1 This was signed (see Bozman, vol. 2. p. 683), in 1652, at the river
Severn, by Richard Bennett, Edward Lloyd, William Fuller, Thomas Marsh, and Leonard Strong, the commissioners on the part of
Maryland; and by Sawahegeh, lturoghtaregh, Scarhuhadigh,
Rhuthchog-ah, and JVatheldianeh, the chiefs on behalf of the Susquehannocks. The treaty ceded to Maryland all the land from
the Patuxent to Palmer's Island, and from the Choptank to the
Elk; but did not embrace Kent Island, nor Palmer's (now Watson's) Island. See also their treaty with Augustine IHerman, Appendix. No. 2.' The Patuxents, whose principal seat was upon the river which
perpetuates their name, included a large number of little nations
and tribes, remarkable for the friendliness of their feelings.  The
territory of the Piscataways, whose prominent chief bore the title
of Emnperor, was bounded, in one direction, by the country of the
Susquehannoks; in another, by the region of the Patuxents. It
also embraced a part of the country bordering upon the Patapsco,
and upon the Potomac; including Piscataway creek, and probably
the sites both of Washington and of Baltimore.  Upon the Sassafras lived the Tockwhoghs, quite a considerable tribe, and more
ferocious than many of the other Indians. Near the mouth of the
Chester was a very small one, which bore the name of Ozenies.
Both these tribes disappeared at a very early period.  The former
was probably absorbed by the Susquehannoks.
Further towards the South, on the same shore of the Chesapeake,
dwelt also, at a very early period, the Kuskarawoaks, the great
makers ofpeake and roanoke (the money of the Indians), and the
chief " merchants " of aboriginal Maryland-subsequently represented by two considerable confederacies, under the names of
Choptal7r and.iVanticoke, which are still borne by the large and




112                  THE DAY-STAR.
The Accomnzacs, and  some  other tribes further
South than the ~Kuskarawoaks, fell within the wide
domain of the Powhatans.
But North of the Province, was the still more
warlike and powerful confederacy, consisting of the
beautiful rivers, upon which they lived. The peake was more
valuable than the roanoke. But they both consisted of shell-the
former of the conch, the latter of the cockle-wrought into the
shape of beads.
With the Indians upon the Delaware, also, we entered into treaties. To this race belonged, it is supposed, the Ozenies, with some
other tribes of Maryland. And a chief was held, for his virtues,
in such profound veneration, not only by the Red man, but also
by the White; and his memory is so closely interwoven with the
traditions and recollections of our ancestry; that I cannot close
this sketch, without the mention of his name. To the Aborigines
upon the Delaware, he appeared, indeed, in the same light as did
Alfred to the English, or St. Louis to the French. Rising above
the level of his own kindred, he became also the representative of
a sympathy (how hard was it to realize a union!) between the disciples of civilization and the children of barbarism. And, in token
of the companionship, societies were formed, both in Maryland
and elsewhere, some time before the American Revolution; and,
in May, celebrated their anniversaries, with the Indian war-dance,
and other ceremonies. At a little later period, a larger one was
organized. representing the thirteen original States of the North
American confederacy. And the Hall of St. Tammany, in the
City of New York, now devoted to the purposes of a mere political
party, is still, in its highest and most historical sense, a monument
to the memory of the illustrious chief of the Delawares.




HENRY DE COUROY.              113
oAilawks, and of four other nations;' whose chiet
dwelling place was upon the rivers of New York;
but who not unfrequently descended the Susquehannab, and spread the greatest alarm among the colonists.2 The relations, both at peace and at war, with
this formidable confederacy, constitute (if we except the labors of the missionaries) the most interesting and important portion of the Aboriginal History
of Maryland. The highest diplomatic skill was also
exerted. And to the services of the Htonorable
Philemon Lloyd, but especially of the Honorable
Henry De Courcy, both at Albany and elsewhere,
was the proprietary, so many years, indebted, not
only for the peace of his province, but also for the
lives of many of his subjects. The treaties of these
faithful and estimable commissioners with the chiefs
of the Five Nations (who were called iroquois by
the French), elicited the strongest and most significant testimonials both from the Governor and from
the Assembly of Maryland. And, in the DocumenI Called sometimes " The Northern Indians." See ante, e. g.,
p. 89.'Witness; also, the ill-founded panic of 1689, ante, pp. 87105.




114                  THE DAY-STAR.
tary Histories of New York, some of them have
been lately printed, at the expense, and through
the  noble  energy  (I blush  to  add) of the New
Yorkers.' They are written in the rich, metaphorical style of the Indian.
The De Courcys of My-Lord's-Gift (including Mrs. Mitchell of
the Western shore), and the De Courcys of Cheston (see ante, p.
83), are representatives of the family of the Hon. Henry De Courcy.
Mrs. May, the wife of the Hon. Henry May, is also a descendant of
this family.
The claim of the De Courcyi of Cheston (ante, p. 95) to the titles
and estates of the old Anglo-Norman barony of Courcy and Kingsale, has never been tested by a judicial or by a parliamentary
investigation. But the daughters of Gerald (the baron, who died
about the middle of the last century) expressed the opinion, that a
member of the family at Cheston was clearly entitled; and said,
their impression had been derived (they spoke upon the point very
positively) from their own father, before the period of his alleged
insanity, or the date of the will, in which he selected Myles, of
Rhode Island, as the successor. These, and many other interesting
facts, upon the subject, may be found in The De Courcy Papers now
held by Doct. William Henry De Courcy, of Cheston, the brother
of the Hon. Mrs. May. Of the high social rank of this family, at
the very period of their arrival, the letter of Mr. Secretary Hatton
is sufficient evidence. See note to the sketch of Mr. Hatton's
life.
It is generally supposed, the Hon. Henry De Courcy was a Roman Catholic. The inference has been drawn, I presume, from the
fact of his extreme intimacy with Lord Baltimore, and from his
uniform support of the principles, upon which the proprietary's




FRAME-WORK OF THE GOVERNMENT.            115
Under that mild form of the feudal polity, which
from the first prevailed in Mlaryland, our ancestors
held their lands as a gift from the proprietary, bore
a willing allegiance, and paid a very small rent.
Their title, indeed, for all practical purposes,
was equivalent to a fee-simple.  A little tract was
given to each emigrant; and an additional quantity
for every person he had brought, or subsequently
transported. Tracts of a thousand acres and upwarclds were erected into manors, under the proprietary, with the right given to the lords of these
limited territories, to hold courts-baron and courtsleet.  And we have the recorded evidence of the
fact, that upon St. Gabriel's, and St. Clement's, it
was exercised.  The lord  proprietary also, who
held the whole province, by fealty, of the English
crown, pledged himself to deliver, every year, " on
Tuesday, in Easter week," at the royal castle of
Windsor,' two Indian  arrows," and a fifth of
" all the gold and silver," which might be " found."
government was conducted. It can easily be proved, however,
that he was a Protestant. Nor was he the only Protestant cavalier,
whose magnanimity and high sense of justice had induced him,
with so much zeal, to sustain the proprietary's cause.




116                 THE DAY-STAR.
The government, in every essential particular,
was a monarchy.  Of this, the charter is sufficient
evidence.  It is true, the proprietary was a subject
of the English crown. But, under the feudal state
of society, it.was not unusual for one prince to hold
his territory of another.  Scotland was once a fief
of England; and King John a vassal of the Pope
of Rome.   But no  Powers were ever exercised
with a more substantial regard for the welfare of
the colonists.  And practical liberty did exist, at
the very foundation of the colony.
The privy councillors, and the lords of manors
formed the class,l in which we find the germ  of a
nobility.   Below them, was a considerable number
of planters, who bore the title of gentlemen —as
large a class' in 3Iaryland, as in any other AngloAmerican colony-and  the greater part of them,
The high Provincial Court was analogous to that of the King's
Bench; and constituted the original of our present Court of Appeals. For many years, the governor or lord proprietary, and
the privy councillors, sat upon its bench.
2 Fro' themn also, were taken the early county court judges,
originally styled justices and commissioners. They had, also, much
of the jurisdiction subsequently given to the levy courts, and to
the orphans' courts; and personally were held in the very highest
esteem.




ANNAPOLIS.               117
during the first twenty years, probably Romnan
Catholics. Upon the small manors (those held by
the colonists) were the tenants, usually styled freeholders and suitors; and who, unlike the gentlemen, rarely had the prefix of ]fr.
Three kinds of servitude prevailed —but, all of
them, mild in their character; and honorable, in a
high degree, to the master. Many emigrants, who
had come under an indenture, performed a faithful service; and then received their discharge, with
a comfortable outfit. A few Indians, also, were
held in a state of slavery. And negro slaves,
although not many of them, were introduced, during the earliest period of our history. Subsequently
to the Protestant IRevolution, convicts from England, it is certain, were imported.
No towns of any commercial importance arose,
during the first sixty years. St. MIary's was never
large. And the only edifice of any pretension was
the State House. The foundation of Annapolis was
laid. That city (then called a landing), and the one
projected upon South River, were erected into ports
of entry, in 1683. And, on the Eastern shore, were
the little towns of New-Yarmouth and York; the




118               THE DAY-STAR.
former upon a branch of the Chester; the latter, it
is supposed, upon some part of the Wye.' But the
necessity for many towns did not then exist.  The
most striking feature upon the face of society was
the plantations. Upon them, were held some of our
earliest courts and councils.  Hardly a home, or a
tenement was not approached by water.  And our
governors, privy  councillors, and  county  court
judges were, all of them, planters. The principal
planters were also the merchants, who traded with
London, and the other great ports of England.
And the large plantations, with their group of storehouses and other buildings, assumed the appearance, and performed the office of little towns.
The currency of the province presents a good
key to the state of society. In some contracts,
none was required.  There was simply a barter, or
an exchange of one commodity for another. In
commercial transactions, a little English or European coin was occasionally used. In the trade with
the Indians, for beaver-skins and other valuable
1Charleston, the original county seat of Prince George's, but
founded long, before the erection of that county, stood at the fork
of the Patuxent, either near or upon the site of Mount Calvert,.




PROVINCIAL CUE-RENCY.               119
articles, thepeake and the roanoke obtained a free
circulation; and a good deal of this kind of currency was held by the colonists. There was also a
provincial coin, consisting of silver, and issued by
the proprietary, of various denominations (as groats,
sixpences, and shillings), having upon one side his
lordship's arms, with the motto Crescite et Afultiplicamini, upon the other his image, with the circumscription   Cccilius  Donzinus  Terrce-li~arice,
&c.; being equal, in fineness, to English sterling,
and of the same standard, though somewhat less in
weight.  Specimens of this curious money are preserved;1 very little of which, there is reason to believe, was ever coined-tobacco being the most
common currency of the province; and one pound
of it, in 1650, worth about three-pence of English
money.
Our ancestors generally sat upon stools' and
I have seen one or two in the possession of the Maryland'Historical Society, presented, I am informed, by our generous countryman, Mr. Peabody, of London.
2 I have seen several chairs. But stools and forms were chiefly
used. The form was a sort of bench; and sometimes, if not
always, attached to the wall. The few chairs were, most of them,
made of iron, and covered with leather. They were considered
the best.




120                  THE DAY-STAR.
forms; dined without forks;' but made a free use
of the napkin; and paid  especial attention to the
furniture of their bed-chambers.  The walls also
of their principal rooms were wainscoted.'   And
they kept a great deal of rich and massive silver
plate, upon which were carved the arms of their
own ancestry. Tea and coffee they rarely, if ever,
tasted.  Sugar they sometimes had.  But freely did
they drink both cider, and sack. And there is frequent mention of the silver sack-cup. Strong punch
and sack, it would seem, were their favorite drinks.'
1 Their tables were oval. I was upon the eve of adding, our
forefathers usually cut their meat with their rapiers, or other weapons; for I have rarely met with dinner-knives. And I have
examined a hundred inventories, without finding a single fork.
I doubt, if there was one, in the whole province, the first thirty
years. Nor should the fact surprise us. If we look at Beckmann's
History of Inventions (I am obliged to an old schoolmate, for so
good an authority), we will see, that this article was introduced
into society at a late period.
2 Specimens of the wainscoted wall are still preserved at some
of the old family seats in Maryland. They have been much admired; and, in England, are again becoming fashionable.
3 Sack was the special favorite. A case, e. g., is referred for an
arbitration to. the Hon. Thomas Marsh, who, in giving his award,
added' a hogshead of sack' to be drunk between the parties.
Take another:-Gov. Calvert ordered Col. Price to bring various
articles to Fort St. Inigo's, for the use of the soldiers. "And




LIFE OF THE PLANTERS.              121
They had also every variety of fruit, both for the
winter, as well as for the summer.  They delighted
in pears and apricots, in figs and pomegranates,' in
peaches and apples, and the most luscious melons.
The wild strawberry and the grape-vine grew also,
in the richest profusion.  Many of the hills were
covered with vines; and we have the proof, that
vineyards also were cultivated. The air and the
forest abounded in game; the rivers and bays in
fish. Our ancestors feasted upon the best oysters
of America; and dined, we may suppose, upon the
Canvass-back, the most delicious duck in the world.
Providence was " not content with food to nourish man." All nature then was " music to the ear,"
or " beauty to the eye." The feathered songsters
of the forest were constantly heard. And so fascinated were our forefathers with a bird they had
never seen before their arrival, that they gave it
the name of Bactinore-its colors (black and yelupon motion of sack," says the witness (see Thos. HIebden's Deposition, Lib. No. 2, p. 354), " the said governor replied, bidding him
to bring sack if he found.any." It occurs more frequently upon
the records of the province, than upon the pages of Shakspeare.
1 See Ogilby's America-a very interesting work-from which
many of the facts in this chapter are taken.
6




122              THE DAY-STAR.
low) corresponding with those upon the escutcheon
of the Calverts. The eagle also, which still lingers,
was then more frequently seen, in all his proudest majesty.
Tobacco was the great product of the province.
In all the parts of Maryland at that time colonized,
was it cultivated. And it is said, upon good authority, that " a hundred sail of ships," a year, from
the West Indies and from England, traded in this
article —the source also of a very large revenue to
the English crown, at " his lordship's vast expense,
industry, and hazard." Indian corn (or " mayz "),
was also cultivated at an early period. From the
Indians also did we obtain the sweet potato. The
word, itself, is derived from them. So also are pone,
hominy, pocoson, and many others.
No regular post was established; and it is doubtful, if we had any printing-press before the year
1689. Gentlemen travelled on horseback by land;
or in canoes, or other small boats by water. Ferries over the rivers and other large streams, were
erected by the government; and kept by the most
respectable colonists-the duties, in most cases,
however, being performed by their deputies. Letters were sent by private hand; and despatches




COSTUME.                  123
from the government by a special messenger.
The practice of partaking of ardent spirits, and
other refreshments, at funerals, was brought by our
earliest ancestors from their own father-land; and
generally, if not universally observed. The sums
expended in " hot waters," and other drinks, upon
such sad occasions, were surprisingly large.
The costume, during the reign of Charles the
First, bore the marks of the strong military spirit
of that age; and was the most striking and picturesque ever worn in England.  We have also, here
and there, a glimpse of it, upon the records of this
province. The inventory' of Thomas Egerton, a
cavalier, may illustrate a part of it. There we have
the falchion, and the rapier; the cloth coat lined
with plush, and the embroidered belt; the gold
hat-band, and the feather; the pair of shoes, and
the silk stockings; the pair, also, of cuffs, and the
silk garters. The signet-ring is also mentioned, one
of the articles of a gentleman, at that period. And
we find, that leather breeches, and stockings of the
same material, were frequently worn.'  The large
1 Boot hose-tops, it appears, were also worn, about 1650. For
Mr. Egerton's Inventory, see the Records of the Land-Office; and




124              THE DAY-STAR.
collar was succeeded by the cravat, it would seem,
about the time of the Protestant Revolution. Buff
coats were also worn as early as 1650. The cocked hat
was probably not introduced before the year 1700.
Finger-rings were worn by almost all the early
landed gentry of Maryland.  And they were the
favorite tokens of regard and remembrance, given
in their wills. The number bequeathed, during the
first hundred years after the settlement at St.
Mary's, would seem incredible to any one, who is
not familiar with our early testamentary records.
The preceding facts, in  relation  to dress, and
including finger-rings, are predicated nlainly of the
Anglican and the Romani Catholic colonists.
Cattle-stealing never prevailed in Maryland to
the same extent as it did in Scotland. But a governor of Virginia was convicted; and we had many
cases in this province. A high sheriff of Kent was
tried; and, notwithstanding his acquittal, the evidence was very strong. The witnesses stated, that
the bullock was eaten in "hugger-nmugger;" that
a sentinel kept watch; and that Capt. Thomas
Bradnox, the gentleman accused, had ordered one
for some of the articles of a lady's dress, see note, in this volume,
upon the will of Mrs. Fenwick, p. 215.




IGNORANCE OF LETTERS.           125
of them to say nothing of the subject to the Governor
of Maryland, whose visit was soon  afterwards
expected.  Capt. Bradnox' was the friend, also, of
-Mr. Secretary Hatton.
No execution for witchcraft, under the sentence
of a court, has ever marred, it would seem, the
annals of this province. But Mary Lee, during a
stormy passage upon the high seas, was put to death
by a company of sailors. And we have at least
one case of conviction. It is that of John Cowman, given in Ridgely's Annals of Annapolis.
Mr. Macaulay says, that many English gentlemen and lords of manors, as late as 1685, had
hardly "learning enough to sign," a mittimzus.
The accuracy of his picture has been doubted.
But so far as it regards the education of many of
the early gentry of Maryland, nothing could be
more faithfully drawn.2 We have instances here,
in which the servant writes his name, and the master makes his mark.  Capt. Bradnox was wholly
ignorant of the art of writing. And one, if not' For the law relating to cattle-marks, see this volume, p. 226.
2 That many gentlemen could not write their names, is evident.
They repeatedly make their marks. Cases from the Record
could be cited.




126              THE DAY-STAR.
several of the earliest judges of the provincial court,
came within the same category. The fact, indeed,
suggests a very important inference; and can only
be accounted for upon the true historical hypothesis. In the past, we see the military; in the present, the commercial spirit of society. Knights,
and not merchants, were once the gentlemen of
England. The sword, and not the purse or the pen,
was still the emblem of power. And it would be
a great mistake to suppose, the unlettered gentlemen of two hundred years ago, were not persons
either of intelligence, or of lofty bearing. The ancestors of these men had been upon many a bloody
battle-field; and a living tradition had supplied the
place of history. No class was more jealous of the
honor of their families; or the glory of their country.  The landed gentlemen of England, from
whom many of our own early gentry derived their
origin, were, themselves, the descendants, through
younger branches, of the old and powerful aristocracy of that kingdom; and felt the highest pride in
all that is grand, chivalrous, or glorious, in the annals of that great country; for the period of a thousand years.
Between the morals of the past, <and those of the




THE MORALS OF OUR ANCESTRY.        127
present, it would be impossible to draw a full or
fair contrast. But injustice, in this particular, has
certainly been done to the memory of our ancestors;
and the letter of Parson Yeo to the Archbishop, in
1676, is little better than a libel. Without wishing
to throw a veil over the sins of the past, or excuse
in the least its rudeness or its violence; I have no
hesitation in expressing the opinion, for whatever
it may be worth, that in the sincerity of their
friendships, in the depth of their religious convictions, in the strength of their domestic affections,
and in a general reverence for things sacred, our
forefathers far outshine the men of this generation,
with all its pomp and pride of civilization.
Nor must we forget the new element which was
introduced into the early society of Maryland-the
element of religious liberty-an element, which we
cannot but suppose, constantly exerted its influence
in enlarging the mind, and elevating the thought of
the colonists-an active principle in the life of the
early planters-the crowning glory of the era, in
which they lived. Nor did it die, at tile fall of St.'Mary's, or the overthrow of the proprietary. It
had taken root in other parts of the continent.
And its fruit we now enjoy.




128S                 THE DAY-STAR.
CHAPTER X.
The Law-givers of 1649-Their Names-A fragment of the
Legislative Journal.
THE claim of the Roman Catholic legislators
has been either denied or doubted by so many
respectable writers;' and so much obscurity has'I will name but four:-the Honorable John Pendleton Kennedy, whose various contributions to our literature have conferred a lasting obligation upon the friends of historical learning;
the late John Leeds Bozman, whose history (a book of high
authority) was published by the State; Mr. Sebastian F. Streeter,
in his " Two Hundred Years Ago," distinguished not less for its
general accuracy of statement than for the noble zeal of its
author in the prosecution of some of the most difficult inquiries
within the whole range of our early history; and the Rev.
Ethan Allen, whose " Maryland Toleration " is favorably received
by the public, especially by the clergy and laity of the Protestant
Episcopal church. More than a century after the passage of the
important act, Mr. Chalmers wrote the celebrated "Annals," in
which he states the Assembly was "composed chiefly of Roman
Catholics."  But he did not give the proof; nor does Mr.
Bancroft, or any other historian.  Mr. McMahon, the highest
authority upon the history of Maryland, abstains (I think rather




A FRAGMENT OF THE JOURNAL.                  129
really hung (for the journal is lost) over the faith,
and  identity  (including  the very  names) of the
members; that no apology, it is hoped, will be
demanded by the truth-loving reader, for the
tediousness of the following details.
Fortunately for the settlement of the question, a
fragment of the legislative journal is still preserved (strangely enough!) upon the records of the
Land Office. It consists of a report from the
financial committee; and the action of the Assemnstudiously) from the expression of any very clear opinion. But
while I do not feel it safe, upon some questions, to follow Mr.
McSherry, the Roman Catholic, it is but due to him to say, in
simplicity and beauty of style, in freshness of thought, and the
general fascination with which he invests his subject, he has
excelled all the historians of this State; and that in reading his
book, I was, for the first time in my life, inspired with a taste for
the study of our early provincial annals. The Georgetown College
jMS. for a copy of which I am indebted, through the kindness of
Governor Lowe, to President Stonestreet, is a much older production, judging from its internal evidence, than any of the published writings of Mlr. Chalmers; but not only without a date or
the name of its author, but also unsatisfactory in many other
respects.  With perfect candor, I will now add, that the best
argument I have seen in favor of the Roman Catholic claim, is
from the pen of my good and dear friend, Winm. Meade Addison.
It yet remains for me, by God's help, to try my own hand.




130                      THE DAY-STAR.
bly in  relation to  " The Bill of Charges."       If we
add to it a part of the journal of the following
1 The Report which follows contains the name of every Burgess:
"Saturday, the 21st of April, 1649, being ye last day and
sessions-day of the Assembly-the House being called, all assembled but Mr. Pile and Mr. Hatton, whose absence was excused by
the governor. The committee brought in the charge of this
present Assembly, which is as followeth, viz. — At the committee
for charges of the Assembly, the committee appointed the sums
under-written to be paid to the parties under-written this 21st of
April, 1649-all tobacco under-written due with cask.
Tob.
Imnprimis, for the shallop and one man 9 days,...    200
For one man 8 days,.... 080
For two men, seven days,.                  140
For provisions for the men paid by the sheriff,...   100
For fetching wood and water during this Assembly,..   150
670
Hereof Kent is to pay a sixth part being...   112
St. Mary's county is to pay the rest, being,.  558
000
Lieut. Banks, Walter Peake, Mr. Browne, and John Maunsell, for   000
their diet, at 1lGb. Tob. per day a man for twenty-one days - 2184
and for loss of their time, 10lb. Tobacco per day, with cask,  000
Mr. Thornborough, for 21 days,.......   210
George Manners, for 16 days,..                         160
To Mr. Fenwick for his trouble at this Assembly,           1200
For Mr. Bretton,.... 210
For Capt. Vaughan for going to the eastern shore, and sending
down a boat and hands to St. Mary's,.. 
For the clerk of the Assembly, for 2. days, at 501b. per day.  1250




FRAGMENT OF THE JOURNAL OF 1649.    131
year,' and the facts already given by Bozman and
other historians, it will be easy for us to ascertain,
The sixth part of which 1250 Kent is to pay...  208
St. Mary's county to pay the rest, being.... 1042
For Mr. Conner for the charge of this Assembly,... 1342
The committee finding it just to be levied per poll, as we conceive.
CUTHBERT FENWICK, ) PHILIP CONNER,
RICHARD BANKS.. RICHARD BROWNE,
) VALTER PEAKE.
See Land Records, Lib. No. 2, pp. 488-489.
" April 29th, 1650. —We, whose names are hereunder written,
declare, that our intents in passing the Bill the last year, entitled
an Act for the support of the Lord Proprietary (and do verily
believe, that the intention of the whole House then was), that
these words in the law, viz.,'touching the late recovery and
defence of the province,' is only meant thereby, that those soldiers who came up in person with Governor Calvert, deceased,
out of Virginia, and those'others who were hired into the Fort
of St. Migo's, for the defence and preservation of the province,
and government reassumed by him;'and other just arrears incurred
during that time in the said Fort, should be satisfied by virtue of
that Act; and no others. Winm. Stone, Thos. Green, John Price,
John Pile, Thomas Hatton, Robert Vaughan, Cuthbert Fenwick,
William Bretton, George Manners, Robert Clarke.
"29th April predict. It is thought fit by both Houses of this
present Assembly, that the act above-mentioned be understood
and judged upon according to the intentions expressed in the
declaration above-written. Concurred, uet supra. Assented ut
supra.
Land Records, Lib. No. 3, p. 345.




132                  THE DAY-STAR.
beyond the shadow of a doubt, who were the
Assemblymen of 1649.1
1 The inference from the preceding fragment of 1649 is fully
established by the analogy drawn from the Journal of 1650remembering, however, that Mr. Fenwick took the place of Doctor
Mathews (see Bozman), and (what is also well known) that Messrs.
Cox and Puddington were sent from Anne Arundel county.
" Return from the Sheriff of St. Mary's, 2d of April, 1650.
" All and every the freemen of St. Mary's county have been
summoned, according to the direction of those summons, and
have made choice of these burgesses following for every hundred,
viz.:For St. George's hundred,  Mr. John Hatch,
Mr. Walter Beane.
Mr. John Medley,
For Newtown hundred,    Mr. Wm. Brough,
Mr. Robert Robins.
For St. Clement's hundred, Mr. Francis Posey.
Mr. Philip Land,
For St. Mary's hundred,    Mr. Philip Land,. Mr. Francis Brooks.
For St. Inigo's hundred,    Mr. Thomas Matthews.
Mr. Thomas Sterman,
For St. Michael's hundred,  Mr. George Manners.
"Which I humbly certify, in return hereof.
NICHOLAS GWYTHER."'
See Land Records, Lib. No. 3, p. 47.
" Return from Kent,.d/pril, 5, 1650.
"These summons were duly executed, and by virtue thereof, I
was by the major part of the freemen, chosen burgess for the Isle
of Kent county, which I do certify, in return hereof.
" ROBERT VAUGHAN."
Land Records, Lib. No. 3, p. 47.




CORRESPONDING DOOUMENTS, 1650.    133
It will be remembered, that Cecilius, the proprietary, notwithstanding his residence in England,
Common Charges to be levied by equal assessment through ye
whole Province../pril 27th.
"The committee brought in the country's charge,
For Wm. Lewis, for his attendance and bringing down Indians a  0400
last year,.. )
For Matthias Briant for carrying ye governor's letter,..   0100
For pressing Mr. Chappel's boat,...   0200
For Francis Martinson, for going to Anne Arundel and Kent ~ 0600
counties,..                                                0.0
For the clerk of the Assembly, for 24 days at 501b. per day,  1200
For Philip's attendance on the burgesses, &c.,.             0420
For ye Sheriff, for his attendance on the House,...   0500
3420
Same Lib., p. 59.
"The Committee's Bill of Charges, this./ssembly, brought in
27th Spril.  a.llowing:St. Mary's,
Robert Robins, for 27 days' attendance, at 501b. per day,    1350
To  Mr. Wm. Brough, for 21 days, at 501b. per day,.   1050. John Medley, for 14 days,    "       ". ~.     0700
To  Mr. Philip Land, 26 days,      "'cc..   1300
To  John Hatch, 24 days,           "       "...   1200
T  Walter Beane, 24 days,       "      "...   1200
To  Francis Poesey, 28 days, at 501b. per day,               1400
To  George Manners, 21 days,.1050
Mr. Thomas Sterman, 21 days,.1050
To  Mr. Cuthbert Fenwick, 11 days,.                         0550
"As for that Mr. Francis Brooks was not able, through sickness,
to attend the House, and drawing of his wine, the committee
think fit not to provide for him at all.
Kent,
To Capt. Robert Vaughan, for 40 days, at 50lb. per day,      2000
To boat and hand, &c.,.0250




134                  THE DAY-STAR.
possessed an important part of the law-making
power. It is certain, the "' Act " relating to " Religion" received his approval.   Under the provisions of the charter, it could not have become a
law, in the proper sense, without his sanction,
either  expressed  or  implied.   We   know   he
approved it. And the fact is undisputed.
Capt. Winm. Stone, it is also known, was the proprietary's lieutenant-general, or governor of the
province. And the governor, at that period, was
ex-oficio the president of the privy council. His.
concurrence also in the passage of the Act, is a
matter of record.
And we have the well-known commission of four
privy councillors:-Thos. Green, John Price, John
Anne Arundel,
To Mr. Puddington, 
" Mr. Coxe,      for 37 days apiece, at 50lb. per day,.  8700
Boat, hands, and wages,.0600
"This assessment to be laid on the hundreds and counties, proportionably, every county and hundred bearing their particular
charge of their own particular burgess or burgesses.
"The committee finding already 3420 lb. more of tobacco upon
common charge, besides what will hereafter be reckoned. Whereupon (not be able to make a true estimate of the people inhabiting in the several counties, whereby to proportionate the




ASSEMBLY-MEN OF 1649.             135
Pile, and Robert Vaughan.  Robert Clark was, at
the same time, the surveyor-general; and Thomas
IHatton, the secretary of the province. It was the
practice of these high officers, to sit in the Assembly with the councillors. And we have the proof,
that they did so, in 1649.1
Nine burgesses represented Kent and St. Mary's.
Their names are:-Cuthbert Fenwick, Philip Conner, William  Bretton, Richard Browne, George
Manners, Richard Banks, John Maunsell, Thomas
Thornborough, and Walter Peake.
Including the governor, there were sixteen members, in the whole Assembly. Of the six privy
councillors, Robert Vaughan was the only one who
resided in Kent.  And Philip Conner represented
the freemen of that county.
assessment equally) they refer the making thereof unto the meeting in October for that purpose.
Signed,
JOHN PRICE,         JAMES COX,
ROBERT VAUGHAN,     PHILIP LAND,
JOHN HATCH,         ROBERT ROBINS,
WM. BROUGH          GEORGE PUDDINGTON."
Same Lib., pp. 60, 61.
1 They signed the certificate prefixed to the Declaratory Act of
1 350.




136            rTHE DAY-STAR.
CHAPTER XI.
Their Faith-They sit in One House.
THE proprietary was a Roman Catholic; and the
governor, a Protestant. Three of the privy councillors (Thomas Green, John Pile, and Robert
Clarke), held the faith of the former; the other
three (John Price, Robert Vaughan, and Thomas
Hatton), with equal certainty, may be classed
with the latter law-giver.
As the result of the strictest historical criticismof the most careful and exhausting analysis of the
whole evidence-it is but right to say, the proof is
not discoverable, that more than two members of
the whole House of burgesses (or representatives
of the people) were either Protestants, or in direct
sympathy with the Protestant class of colonists.
That Mr. Conner and Capt. Banks belonged to
that class, is a matter of evidence. And there is
some degree of probability that Mr. Browne also




FAITH OF THE ASSEMBLY-MEN OF 1649.  137
held the faith of the English church. But it is
certain, that five of the burgesses (Messrs. Fenwick, Bretton, Manners, Maunsell, and Peake)
cherished a faith in the Roman church; and we
have the basis of a very strong presumption, that
Mr. Thornborough (a sixth member of this House)
was also a Roman.Catholic.
Including the proprietary and Mr. Thornborough,
ten of the law-givers of 1649 held the faith of the
Roman Catholic  Church.  If we count the
governor and the two burgesses; six, it will appear,
belonged to somq branch of the Protestant-probably the Anglo-Catholic. Adding Mr. Browne,
we have a seventh. But this is a superficial
view of the question; and refers only to the time,
they all sat in one House.




13S               THE DAY-STAR.
CHAPTER XII.
The Whole Strength of the Roman Catholic Element in the
Assembly.
ALL, we have from the remaining parts of the
journal, is that on the " last day" of the Assembly, the representatives of the freemen, with the
governor, and with the privy councillors (excepting Messrs. Pile and Hatton), assembled in one
"House;" and that, on the same day, was passed
the " Act concerning Religion."'  It can be proved
from the records, that of the fourteen, eight
(including Mr. Thornborough) were Roman Catholics; and six (with Mr. Browne) were Protestants.
But this estimate does not render strict historical
justice to the claim of the former. The privy councillors were, all of them, as well as the governor,
the special representatives of the Roman Catholic
1 In the marginal note to the copy of the Act upon the Records
of the Land Office, the date of its passage is given.




ROMAN CATHOLIC ELEMENT IN THE ASSEMBLY. 139
proprietary;' under an express pledge imposed by
him, shortly before the meeting of the Assembly
(as may be seen from the official oath), to do nothing
at variance with the religious freedom of any believer in Christianity; and removable, any moment,
at his bidding. It would be fairer, therefore, to
place the governor and the four privy councillors
onthe same side as the six Roman Catholic burgesses. Giving Mr. Browne to the other side, we
have eleven Roman Catholic against three Protestant votes.' This fact is presented, in a very forcible light, by Mr.
Addison. See Addison's Religious Toleration in America.




140               TEE DAY-STAR.
CHAPTER XIII.
The Burgesses, as a Distinct Branch of the Legislature-A
Majority of Roman Catholic Representatives.
BUT there is the strongest evidence to show, that
at a previous'stage of the session, the Assembly sat
in two Houses.  This is the opinion of Bozman,
who is, by no means, partial towards the Roman
Catholics-an opinion sustained also by Chalmers,
by Bacon, and by Bancroft. It is evident that Mr.
Fenwick received an extra allowance.' May we
not suppose, he was the chief officer, or speaker,
of the Lower House?   But the best argument
is drawn from the analogy furnished by the
Assembly of the following year; and by the very
phraseology, in the Act relating to religion. We
know the Legislature' of 1650, although expressly
divided into two distinct chambers, sat near the
end of the session, in one House.2  And, in the
See the Bill of Charges, ante, p. 130.
The journal of 1650 has been preserved. It is in Lib. No. 3,




ROMAN CATHOLICS IN THE LOWER HOUSE.  141
Act, of which we are speaking, there is a clear
reference to an Upper and Lower House.'  If we
suppose, therefore (what cannot admit of a reasonable doubt), that the Act passed each House
before its final adoption by the whole Assembly in
one body; and still give Mr. Browne to the Protestants; we will find there were six Roman Catholics  (including Mr. Thornborough) against three
only of the other class of delegates.
in the Land Office. And there is abundant evidence to show that
many of the laws and orders of that year were passed by " both
Houses" sitting in one. I have now before me an extract from p.
61, which distinctly states, that on the " 29th " of April, the " burgesses of the Lower House being sent for, came and joined themselves with the Upper House," for the "more convenient and
speedier dispatch of all business."  Other extracts could be
given.
1 In the recorded copies in Lib. Laws, C. and W. H., p. 106, and
in Lib. W. H. and L., p. 1, it is said, the law was enacted, "with
the advice and consent of the Upper and Lower House."  "With
the advice and consent of this general Assembly," according to
the copy in Lib. No. 2. These copies seem to indicate the different
stages of proceeding.




142               THE DAY-STAR.
CHAPTER XIV.
Population of the Province in 1649-Predominance of the Roman
Catholic Element at the Period of the Assembly-The Honor due
to the Roman Catholic Freemen of Maryland.
IF we take the religious elements of the population represented in this Assembly; the difference
will again be in favor of the Roman Catholics.
In 1648, the burgesses appeared either as individual freemen; or as the representatives, each, of a
definite number. And, in 1650, the six hundreds
of St. Mary's county, as distinct integers, sent their
own respective delegates. Assuming the constitution of either year, for the sake of the argument;
the result, in 1649, would be substantially the
same.
The settlement upon Kent Island was an offshoot of the Anglo-Catholic colony at Jamestown.
Col. Clayborne was undoubtedly an Episcopalian.
There, also, have we the traces of the life and




ANGLO-CATHOLICS OF  CENT.               143
labors of the Rev. Richard James, and of one or
more other ministers of the Anglican church.' It
is but just to admit, that most of the Islanders
were Protestants. But the population of Kent was
small.  In 1639, if not many years later, she was
but a hundred of St. Mary's county.2  In 1648, she
paid a fifth part only of the tax;' and did not
hold, in the Assembly of that year, a larger ratio
of political power.4    That also  was before  the
1 Thanks to the zeal and learned diligence of the Rev. Mr.
Allen, but especially of Mr. Streeter.
2 In 1639, was also erected the "hundred Court of Kent."
Bozman, vol. 2, p. 140.
3 From the Bill of Common Charges at the Assembly of 1648,
I take, as an illustration, " The Clerk's Fees." This item amounts
to 1250 pounds of tobacco, of which "Kent is to pay 250."  Lib.
No. 2, pp. 302-303.
I It was about a fifth, as the following Protest of that year will
show. It is signed by all the members, including Captain
Vaughan, the delegate from Kent; and Captain Bradnox, and Mr.
Conner, the two freemen from that county:The Protest of 1648, JTVew Style.
" We, the freemen assembled in.this present general Assembly,
do hereby declare, under our hands; and generally, jointly, and
unanimously protest, against the laws which are now pretended
to be put in force by the last general Assembly; conceiving that
they were not lawfully enacted. For that no summons issued out




144                    TIE DAY-STAR.
return, we may suppose, of all the Roman Catholics, who had been expelled or exported from St.
Mary's, by  Capt. Ingle, and  the  other enemies
of the proprietary. In 164:9, she had but one
delegate; while St. Mary's was represented by
eight. And this year, she paid but a sixth part of
the tax.' And for many years after, as well as
before this Assembly, there is no evidence whatever of a division of the island, or the county, even
into hundreds.' Its population did not, in 1648,
exceed the fifth; nor in 1649, the sixth part of the
to all the inhabitants, whereby their appearance was required by
lawful authority. Witness our hands, this 28th January, 1647.
Robert Vaughan, 24 voices.   Robt. Clarke, proxy, Geo. Akerick, 8,
Cuthbert Fenwick, 3,         Walter Peake, 22,
Robert Percy, proxy,  15     Wm. Thompson, proxy, Capt. Price, 9,
John Medley,                 Thomas Bradnox,
Phil. Conner,                Thomas Thornborough,
Richard Banks, 24,           Edward Packer, 3,
Thomas Allen, 6,             John Wyatt, proxy, Mr. Brooke,
George Saugher, 6,           Edwd.Cotton, proxy, Barnaby Jackson, 9
Walter Waterlen, 2,          William Bretton, 4."
Lib. No. 3, pp. 293-294; and Bozman, vol. 2, pp. 323-324.
It would seem, then, that in the Assembly of 1648, there were
but 27 votes for Kent, and 130 for St. Mary's.
Bill of Charges for 1649, Lib. 2, p. 488.
2 I have carefully examined the records at Chestertown; and
am satisfied this county was not laid off into hundreds till many
years afterwards.




POPULATION OF THE PROVINCE IN 1649.   145
whole number of free white persons in  the province.'
In no hundred of St. 1Mary's county, was there a
majority of Protestants, unless in St. George's.  It
is not altogether certain that the Protestants outnumbered the Roman Catholics, even in that hundred.   The  Rev.  William   Wilkinson,  of  the
English church-the first permanent pastor of the
1 The numbers and resources of the province had been greatly
diminished by the contest of Col. Clayborne, by the rebellion of
Capt. Ingle, and by various other causes.
Notwithstanding the destruction of so many of the records, and
the lapse of so much time, it is gratifying to think that amid
the twilight of the past, we have still'preserved for our own
generation, many of the most important lights and landmarks of
history; and that the population of the province, at the period
of which I am writing, may yet be ascertained with a reasonable
degree of certainty. If we multiply five by the twenty-seven
votes from  Kent-the number which represented, in 1648, its
freemen, or the heads of its families-that county will have 135
persons. The same ratio will give to St. Mary's 650. But this
estimate was true of the latter county only at the beginning of
that year. The month of June, there were not less than 110
tithables, or 700 persons in this county. And the return of other
colonists to St. Mary's before the succeeding April, accounts for
the fact, that in 1649 Kent paid but a sixth part of the tax; at
which time the whole population of the province approached 900,
including the 130 or 140 inhabitants upon the Isle of Kent. For
the levy and assessment of 1648 upon St. Mlary's, see Lib. No. 2,
p. 366, and p. 369.
7




146                 THE DAY-STAR.
Anglo-Catholic faith after the landing of the Pilgrims-but whose name has never yet appeared
upon  any  page  of Maryland's history-did  not
arrive in St. DMary's till the year 1650. A preacher
and a planter, engaged in the discharge of his
ministerial functions, as well as in the trade of the
province (and what right have we to censure one
who seems to have been without a temporal support from his own church?); living also, for a long
period, in St. George's hundred; we cannot suppose he was altogether unsuccessful in his official
labors.   But even  before his arrival, we there
discover the germs of an early Anglican faith.  In
that hundred, as early as 1642, lived the Wickliffes, the Cadgers, the Marshalls, and other Episcopalians.'   There  also was the  earliest home,
I " Couneil Proeeedings," Lib. I63T to 1658, pp. 269-215. Wim.
Marshall's deed for " three heifers " is an interesting paper; and one
of the earliest gifts upon the Records of Maryland for the support
of a Protestant ministry-the very first I remember, in which
allusion is made to a " parish." It may be found in Lib. No. 1, on
pp. 608-609, and is dated " the 3 day of June," 1654-the proposed field of labor being a locality then called " The Neck of
Wicocomico." Robt. Cadger, whose devise is mentioned by
Bacon, was the only son of the Robert who came from the Old
World, and who lived in St. George's in 1642. The will of the




AINGLO-CATIIOLICS OF ST. GEORGE'S.          147
though at a period subsequent to 1649, of the
Addisons, of Oxon-Hill, a family which, for more
than six generations, has borne a willing testimony
to the faith of Cranmer, of Ridley, and of Latimer.'
Conceding, what must remain'a matter of considerable doubt, that St. George's was a Protestant
hundred as early as 1649; and adding the county
of Kent, on the eastern shore; the Protestants
would hold two-sixths, or one third, of the whole
political  power, substantially, if  not  formally,
represented during this year, in the Lower HIouse of
the Assembly-an estimate which also accords
with  the ratio  of the  Protestant to  the Roman
emigrant contains a conditional devise for the erecting and
"maintaining of a free-school" upon his home plantation, and is
dated in the year 1667. We are also struck with the fact that the
person selected by the "Protestant Catholics," as the organ of
their petition against Doct. Gerrard, for seizing the " key " to the
chapel (see Bozman, Vol. 2, anno 1642, p. 199), resided in this
very hundred; and that he bore the surname of Wickliffe, the
morning-star, in the opinion of our Protestant historians, to the
Reformation of the sixteenth century; certainly as important an
agent in the production of that event as the great Wesley in the
reproduction of the Oxford theology of the present age.
In this hundred lived also Col. Price; and (I have reason to
think), for a short period, Capt. Banks. But I cannot say what
time they became residents.




148                   THE DAY-STAR.
Catholic delegates-assuming that Air. Birowne was
one of the former.  lBut it is not improbable that
the  Protestants  constituted  a  fourth  only  of the
population of 1Maryland.
The Protestants had, it is true, a majority in the
Assembly  of 1650.1  But it was proper that the
opportunity should be offered  them,, under the most
favorable  circumstances, of acknowledging  their
gratitude for so beneficent an administration of the
government; and of testifying in the most formal
manner, that, under the  proprietary's  rule, they
were in the enjoyment of a real, practical free-'The eleven delegates from  St. Mary's were John  IIatch,
Walter Beane, Winm. Brough, Robt. Robins, Francis Poesy, Thos.
Steerman, Cuthbert Fenwick, Geo. Manners, John Medley, Philip
Land, and Francis Brooke-the first six Protestants, the remaining
five Roman Catholics. James Cox and Geo. Puddington (Protestants) represented the newly-erected Puritan county of Anne
Arundel; while Capt. Vaughan (another Protestant) was the representative from Kent, but sat also in the Upper House. Of the
hundred of St. Mary's, MIessrs. HIatch and Beane represented St.
George's; Messrs. Medley, Brough, and Robins, Newtown; lMr
Poesy, St. Clement's; MIessrs. Land and Brooke, St. Mary's; Mr.
Fenwick, St. Inigoe's; and Messrs. Steerman and Manners, St.
Michael's. Lib. No. 3, 47-55. See also ante, p. 71, and p. 132.' This they did in a most handsome manner. See Act of Recognition in Bacon and in Bozman.




ROMAN CATHOLICS OF ST. MARY'S.      149
dom.2 Even on that occasion, they outnumbered
the Roman Catholic delegates from St. Mary's, by
a majority of one only.2  And it is but necessary
to add, while one of the most prominent Roman
Catholic delegates of 1649 was elected to the
honorable post of clerk of the Assembly in 1650,
and two others held a seat in that body, not a single Protestant of the latter year had represented
the county in the Legislature of the former.
St. Mary's was the home-the chosen home —of
the disciples of the Roman church. The fact has
been generally received. It is sustained by the
tradition of two hundred years, and by volumes of
written testimony; by the records of the courts;
by the proceedings of the privy council; by the
trial of law-cases; by the wills and inventories;
by the land-records, and rent-rolls; and by the
very names originally given to the towns and hundreds; to the creeks and rivulets; to the tracts and
manors of the county. The State itself bears the
1 See the Protestant Declaration.
2 The Declaration itself is quite sufficient. But abundant evidence of the fact is elsewhere preserved.




150                  THE DAY-STAR.
name' of a Roman Catholic queen.' Of the six
hundreds of this small county, in  1650, five had
the prefix of St.  Sixty tracts and manors, most of
them  taken  up  at a very early period, bear the
same Roman  Catholic  mark.'  The villages  and
1 It was once very often written " Marie-Land;" and St Mary's,
no.t unfrequently "Saint Marie's."  "Terra-Marie"' is the name
given to the province in the Latin Charter.
2 Henrietta Mariah, the wife of Charles the First, and daughter
of Henry the Fourth, the great king of France-a name given
also to a daughter of Capt. Neale (a favorite of the Crown),
through whom the Lloyds, the Tilghmans, and many of the other
most distinguished Protestant families of the province, derived
the best Roman Catholic blood. The name itself has come down
through the same channel, consecrated by the recollections and
traditions of many generations; cherished in the memory, and
enshrined in the heart of more than one living descendant of the
Neales.
3 I have easily counted this number; and am satisfied they are
not all-to say nothing of many more taken up in Charles, by
colonists living there in 1649, and before that county was carved
out of St. Mary's. It is, of course, not certain that every one was
surveyed for a Roman Catholic; nor have many of the wellknown Roman Catholic estates any prefix. But who can doubt
the historical value of such general evidence in estimating numbers or masses, or deny that "St. Peter's Key," "St. Peter's Hill,"
or most of the other tracts of this class were taken up by the members of the Roman Catholic Church?  See Rent Roll for St.
Mary's and Charles, Vol. 1 and 2. In the county of Anne Arundel,




SKIGHI-TAM-M3OUGII AND COUNA-WEZA.             151
creeks, to this day, attest the wide-spread prevalence of the same tastes, sentiments, and sympathies.  Not long after the passage of the "Act"
relating to " religion," the Protestants, it is admitted, outgrew  their Roman Catholic brethren; and,
in 1689, succeeded very easily in their attempt to
overthrow the proprietary. But judging from the
composition of the juries, in 1655, we see no reason to believe they then had a majority. In the
trial of the   iscatcaway Indians,' during the year
the original seat of the Puritans (but soon after the home of the
Quakers and of other Protestants), and at the date of the Rent
Roll I have consulted, several times the area of St. Mary's, there
were but three estates with the prefix! And each of these, it
appears, was taken up by gentlemen, who from evidence aliunde,
were Roman Catholics.
Skigh-tamn-mough and Couna-weza. They were tried at the
September Term of the Provincial Court, at St. Mary's, for the
murder of two negro servants. Gov. Stone, the Chief Justice,
presided; the Attorney-General, MAr. Hatton, conducted the prosecution; and Mr. Fenwick was the foreman of the Jury. The
scene of the murder was near South River; and the servants, as
well as the plantation where the deed was done, belonged to
Capt. Daniel Gookins-a name distinguished in the early history
of New England. Mary, the servant, who had escaped, notwithstandling the severity of her wound, was the chief witness.  But
Warcosse, the Emperor, had sent down to St. Mary's some articles found in the possession of the suspected Indians, and which, it




152                  THE DAY-STAR.
1653 —a case where religious bials, we may  suppose, could exert but little influence on the selection of the jurors-it would be safe to assert, that,
at least, twelve  (or one-half of the  panel) were
Rtoman Catholics.'  In the cases of Robert HIolt,
was known, had belonged to Capt. Gookins. And the Indians,
who spoke through interpreters, confessed at the trial they were
present at the murder —at one moment admitting, at the next
denying their guilt: "fearful, and desiring," says the record, " to
conceal" it. They were convicted, sentenced, and executed on
the same day. For the trial of the case, see Lib. No. 1, pp.
482-485.' The Jurors were Cuthbert Fenwick, Wm. Bretton, Edward
Packer, Philip Land, Wm. Evans, Richard Hosking, Wm. Johnson,
John Medley, Richard Willan, Henry Adams, James Langworth,
John Thimblebee, Nicholas Gwyther, John Steerman, Richard
Banks, John Lawson, Robt. Cadger, John Nichols, Daniel Clocker,
Wm. Edwine, John Taylor, John Harwood, Zachary Wade, and
Thomas Sympson. There is strong reason for the opinion, that
the first twelve were Roman Catholics; and that eight of the
other twelve were Protestants: i. e. Messrs. John Steerman, Richard
Banks, John Lawson, Robt. Cadger, John Nichols, Daniel Clocker,
Wm. Edwine, and John Taylor. The faith of the remaining four
is a matter of doubt. See Appendix, No. 3. This trial, we also
know, occurred after the arrival of the Puritans, and the influx of
other Protestant population. The Roman Catholic, therefore,
was comparatively a weaker element, in September, 1653, than
in the month of April, 1649. But even then it was probably
stronger than the whole combination of the Episcopal with the
Puritan, and other Protestant elements. There cannot be a doubt,




CASES OF EIOLT AND  WILKINSON.             153
and the Rev. Wm. Wilkinson,' in 1659, evidence
of the strongest character appears. For the trial
so far as regards St. Mary's County-the only one involved in the
main point of the inquiry.
1 Indicted, the one for " bigamy;" the other as an' accessary."
See Lib. S. 1658 to 1662, Judgments, pp. 200-201. They were
indicted separately; but it was proposed to try them before the
same jury.  And they both lived in St. George's. See Indictment. Mr. Thomas HIynson, the ancestor of the iynsons of
Chestertown, was the foreman of the Grand Jury; and Mr. Thos.
Ringgold, from whom so many gentlemen of the same county,
and elsewhere, have derived their intermediate ancestry, was the
foreman of the trial Jury. The cases are extraordinary; and the
degree of Mr. Wilkinson's sin presents a difficult question for the
casuist.  Holt is indicted for marrying Christiana Bonnefield
during the life-time of his "lawful wife;" and Parson Wilkinson
for feloniously joining the parties, "after he had divorced ye said
Robert Holt."  The reverend gentleman "1saith, that he did
join " them "in marriage;" " but denyeth yt he did any thing by
way of divorce;"'"notwithstanding confesseth yt he drew, and
signed as a witness," the paper containing "a release of all claim
of marriage" "to the said Robert;" upon a confession, from the
wife, of two distinct deeds of infidelity; and her subsequent'" refusal to be reconciled." There is no doubt of the fact, that
the parson violated the civil law. But how far he was guilty, in
a religious sense (upon proof, if any, of the wife's bad faith),
would depend, not only upon the soundness of the Roman Catho;
lie theory, which elevates monogamy to the dignity of a sacrament, but also upon the condition of parties living in a sort of
wilderness-the Bishop of London having no power, under the
laws of England, to dissolve the bond-the Parliament, without
any practical or real jurisdiction over the case-the Provincial
7*




'1 54                THE DAY-STAR.
of these cases, twelve fit Protestants could not be
found at the provincial court1 held at St. AIary's,
and usually thronged at that period with crowds of
appellants and appellees; with witnesses in civil and
in criminal proceedings; with spectators, and many
other residents of the  province!1  Immediately
Assembly never granting a divorce a vinculo for any cause whatever-and the English Church having no higher representative,
or depositary of her authority, in this province, than the clergyman indicted.  I am  quite sure the legislature did not grant
divorces at that time.  I have no recollection, indeed, at this
moment, of a single case under either of the first two proprietaries, during the sixty years before the removal of the government to Annapolis. And I do not see how Lord Baltimore,
consistently with his faith in the Church of Rome, could appprove
of the dissolution of a marriage.
The fondness for law-suits, mingled with a veneration for
judicial authority, was a striking characteristic of our ancestors.
The most trifling disputes were submitted to the magistrates of the
county, and afterwards to the Appellate Court of the province.
St. Mary's, where the Court sat, was the great place of resort;
the centre of news; and the scene of the most important business
transactions.
2 The jurors summoned for the trial were Mr. Thomas Ringgold,
Robert Cadger, Nicholas Young, Daniel Clocker, William Hewes,
Thomas Cadger, James Veitch, Thomas South, John Hamilton,
Thomas Belcher, Robert Blunkhome, and Hugh Bemin.  After
the reading of the indictment, " the prisoners allege, yt this jury,4 is a very weak jury to go upon so weighty a business (they being
~ so nearly concerned therein) as life and death. And there being




OVERZEE VS. CORNWALLIS.                 155
afterwards a verdict, in another case,' was given by
a jury taken, apparently, from the by-standers, and
consisting of not less than  six Roman Catholics,
nor more than two Protestants2 (one, if not both,
non-residents of St. Mary's county), exclusive of
the four, who had been summoned in the cases of
Messrs. HIolt and Wilkinson.' few others present in court but what are Catholics, which the
"prisoners afore requested might not be warned on the jury, desir"ing that a Protestant jury might pass on them, and which the
"governor consented unto, as most reasonable " (see pp. 200-201);
" bail " is therefore ordered for their appearance at the next term,
the governor himself becoming Mr. Wilkinson's security. But a
few days later, a proclamation was issued in favor of Richard,
the son of the Lord Protector, including a pardon of all persons
indicted or convicted. P. 215.
The case Overzee vs. Cornwallis.
2 The jurors in this case, it would seem, were summoned upon
the spur of the moment, and without the least difficulty. The
Roman Catholic jurors (their faith could easily be proved by the
testamentary and other records) were James Lindsey, James
Langworth, Henry Adams, Richard Will, Philip Land, and a
sixth, whose name I do not this moment remember; the four
taken from  the panel in Holt's case (all Protestants) were
Thomas Ringgold, Thomas South (both, I think, residents of
Kent), Thomas Belcher, and James Veitch; and the remaining
two were hMr. Thomas Hynson, and Capt. Sampson Waring. See
p. 201. We might also take, at randon, a jury, on p. 188; and
from various records conclusively show, that one-half, if not more
of them, were members of the church of Rome.




156              THE DAY-STAR.
But the wills furnish the best clew to the faith
of our early ancestors-precious memorials of the
past-ripe harvest-fields of rich historical loregiving us the best glimpse of our primitive life and
manners-and bringing us into close and living
sympathy with the state of society, two hundred
years ago. But more beautiful are they than precious. For they touch our hearts. They breathe
the spirit of parental affection, in all its depth and
wild intensity. They point from the rude home,
where the weary pilgrim of the forest lies down to
die in his humility, to a bright and everlasting
mansion prepared for him in the skies! This day,
they speak-voices from the dead-a willing testimony to a mighty truth in the history of a continent, and to a sublime doctrine of the Christian
religion! AMore of them emanate from a Roman
Catholic than from a Protestant source. The will
of William Smith, one of the original pilgrims of
1634, appears upon the first page of the oldest
testamentory record at Annapolis; and contains
the living evidence of his faith in the church of
Rome.  It would be difficult to give all the
recorded confessions, or the half of those little tes



ROMAN CATHOLIC WILLS.                157
timonials of love  and  fidelity, which  were bequeathed  to  the  same  church, during  the fifty
years succeeding  the  settlement at St. Mary's.
But it will be sufficient to say, the Roman Catholic
greatly exceed the number of Protestant wills;'
and of the latter (or those having any sort of antiRoman-Catholic mark), many are signed by the
Quakers —a denomination, of whom there is no
trace upon the provincial records, as early as 1649.
Counting the suitors and freeholders of the different manors, with all the indented white servants,
it is highly probable, that every hundred of St.
Mary's county, except St. George's, had a majority
of Roman Catholics, in 1649. Excluding the servants (a large class, at that time), there can be little doubt upon the point of mere numbers, and
I I have examined most of the wills anterior to 1650, including
those from Kent Island. And as far as any result may be based
upon so general an inquiry, I find the Roman Catholic (or those
either having upon their face a Roman Catholic mark, or known
from other evidence to have been signed by Roman Catholics) bear
to the Protestant wills in both counties, a ratio of not less than
four to one. Messrs. Fenwick and Manners are the only burgesses
of the Assembly in 1649, whose wills are preserved. It is not
unworthy of note, that both papers are strongly marked Roman
Catholic ones.




158               THE DAY-STAR.
none whatever with regard to superior influence.
Even, in 1650, St. Mary's hundred was represented
by two disciples of the Roman church; and there
also was the seat of the proprietary's government.
In  St. Michael's, were  the  three  manors  of
Governor Leonard Calvert, to say nothing of other
evidence.  Doctor Thomas Gerard was the lord of
two large manors, in St. Clement's; and Newtown
had more estates with the prefix of St.' than any
hundred erected before or after the year 1649.
St. Inigo's was probably not carved out either of
St. 1Mary's, or of St. Michael's, before the year
1650; but included a manor held by the missionaries as early ats 1639,2 with the manor-house,' or
supposed seat of one of the interesting little
Roman Catholic missions.
Nor ought the activity of many of the priests,
in converting the Protestants; or the large number
of emigrants they also had introduced;4 be omitRent Roll for St. Mary's and Charles, vol. 1, Newtown hun
dred.
2 See Rent Roll, St. Inigo's manor.
9 St. Inigo's House was the residence of Father Copley. See
Lib. No. 1, pp. 212-13, and p. 500.' They transported (see Governor Green's testimony, Lib. No.




THE JESUIT FATHERS.                  159
ted in this outline of the evidence.  For some of
the methods they adopted in  the propagation of
their faith, writers of a different church have censured them.  But the very reproach implies a concession.  Before the year 1649, they labored With
their lay-assistants, in various fields;' and around
their lives will for ever glow  a bright and glorious
remembrance.  Their pathway was through  the
desert; and their first chapel, the wigwam  of an
Indian.'  Two of them  were here, at the dawn of
1, p. 166) not less than sixty persons-most of them, we may
presume, Roman Catholics, either before or after their arrival.
I We have no complete catalogue of the Roman Catholic Missionaries, who arrived before the year 1649. But the following
embraces nearly all: The Reverend Messrs. Andrew White (styled
not untruly " The Apostle of Maryland "); John Altham; a third
not named, in 1.635; Thomas Copley; Ferdinando Pulton; Father
Ferret, the year of whose arrival is involved in doubt; John
Brock, whose real paternal name, it is said, was Morgan; Philip
Fisher, and Roger Rigbie. John Knoles, Thomas Gervass, and
Mr. Morley, were three of the temporal coadjutors, or lay-brothers.
The Rev. Lawrence Starkie, another Jesuit Missionary, came soon
after the Assembly of 1649; probably about the time of Parson
Wilkinson's arrival.
2I speak, not figuratively, but in a strictly historical sense.
Obtaining the consent of the aboriginal occupant, they fitted up
the little hut, the best manner their means would allow, and
called it " The First Chapel in Maryland."  See Campbell.




160                 THE DAY-STAR.
our history:' they came to St. Mary's with the
original emigrants; they assisted, by pious rites, in
laying the corner-stone of a State; they kindled
the torch of civilization in the wilderness; they
gave consolation to the grief-stricken pilgrim; they
taught the religion of CHRIST to the simple sons
of the forest.  The history of Maryland presents
no better, no purer, no more sublime lesson than
the story of the toils, sacrifices, and successes of
her early missionaries.2
Looking, then, at the question, under both of its
aspects-regarding  thle faith, either of the delegates, or of those whom they substantially represented-we cannot but award the chief honor to
the  members of the  Roman  church.   To  the
Roman Catholic freemen of Maryland, is justly
I The Jesuit Fathers, who came in 1634, were the Rev. Messrs.
White and Altham. The same year, also, arrived John Knoles,
and Thomas Gervass. See Campbell's Missions, and McSherry's
Maryland.
2 Honor to the memory of the Rev. Mr. MIcSherry, and of Col.
Barney U. Campbell, for their labors in this department of our
history. Maryland owes a debt of gratitude; while the lovers of
learning, in other States, will not fail to cherish a grateful estimate of their contributions to our literature.




HONOR DUIE TO THE ROMAN CATHOLICS.  161
due the main credit arising from the establishment,
by a solemn legislative act, of religious freedom
for all believers in Christianity.




162              TIlE DAY-STAR.
CHAPTER XV.
Cecilius, the Lord Proprietary. His Life, Character, and Family.
IF the founders of our political liberty —if the
signers of the Declaration of Independence-now
receive the admiration and the homage of the
civilized world; the early law-givers of Maryland
— the originators of our religious freedom-have
clearly a right to some place upon the page of
American history.
Happily for the present generation, something is
yet known, not only of the proprietary and the
first governor, but also of almost every member of
the Assembly, in 1649.
The Calverts of England derived their descent
from a Flemish noble family. Their armorial
bearings are traced to a very remote period; but
the meritorious services, for which they were
granted, or the honorable deeds they commernorated, cannot now be fully ascertained. They are:
paly of six, or and sable, a bend counterchanged;




CECILIUS.                   163
and were engraved  upon  the early seal of the
province,' occupying the first and fourth quarters
of the escutcheon.   They are also borne by the
English Calverts now  living at Albury Hall, and
at Hunsdon in HIerts.2  And they reappear, after
the lapse of many years, upon the present seal of the
State.- George, the father of Cecilius, was born in
Yorkshire, about the year 1582.  He represented
that county in the Parliament in 1620; and Oxford at
a later period.  IIe held, at various times, the posts
of private secretary to Sir Robert Cecil; clerk to
the privy council; and one of the secretaries of
state. In 1617 he was knighted;' and about 1625
created Baron of Baltimore.  He was a member
of the Virginia Company, in 1609; and at a much
later period, received the charter for a part of
1According to Lord Baltimore's instruction (see the Commission for the Great Seal, Bosman, vol. 2, p. 652), six pieces
were requisite. But upon the provincial Seal, there were, in
point of fact, but five-the result, I presume of the engraver's
mistake or carelessness-and a defect, I find, perpetuated by our
new Seal, which follows the provincial too closely in that, but
not enough so, it strikes me, in some other particulars-an opinion
submitted with unaffected diffidence.
2 Burke's Dictionary of the Landed Gentry.
I Kennedy's First Lord Baltimore.




164              THE DAY-STAR.
Newfoundland, where he attempted to plant a
colony. Disheartened with the enterprise, he went
to Virginia; but finding he was there required to
take an oath inconsistent with his fidelity to the
church of Rome, he returned to England, after a
survey of the country bordering upon the Chesapeake; and shortly before his death, obtained the
promise of a charter for the province of Maryland,
and which was given to his son.
Cecilius had imbibed the spirit of his father.
And faithfully did he carry out the noble design.
The respect which is due to his memory, arises not
only from the part he performed in laying the
foundations of religious liberty; but also fiom
the liberal policy he adopted, in the establishment and government of the colony in every other
particular. During the first few  years, he expended upwards of forty thousand pounds sterling
-~a very large  sum at that time. The lands he
granted to the emigrants upon easy conditions, and
at a rent almost nonlinal.'  And, althonugh he
manifested no sympathy with republicanism, in its
present sense (the supposition betrays, indeed, a
Kilty's Landholder's Assistant, pp. 29-45.




CECILIUS.                165
great aosurdity), the whole administration was
distinguished for its. mild, and just, its beneficent,
and paternal character. Tradition, also, has given
him the appellation of Pater Patrike. And the journal of the Assembly,' the proceedings of the courts,
the frequent acts of executive clemency, and the
admissions even of Protestants, are full of the
strongest and most interesting testimony. As the
patron of the early Itoman Catholic missions, he
also has a claim upon our regards. Could anything have been conceived in the spirit of a more
sublime charity? Singular, also, was the sense of
justice, which marked his conduct in everything
relating to the aborigines.  The Indians looked up
to him as their patriarch. The chiefs upon the
Piscataway, and upon other streams, were accustomed to submit their gravest questions to the
decision of his government. To them, as well as
to the colonists, was he indeed a guardian; tempering justice with mercy in every case compatible
with the principles of order, and with the great
ends of civil society. " Halcyon "2 was the period;
i McMahon's Maryland.
2 A word used by many Protestants. soon after the overthrow




166                THE DAY-STAR.
and  happy  the  people.   Unfortunately  for his
memory, no artist has yet arisen to do him historical justice. The scene at Yaocomico,l upon the
landing of the Miaryland pilgrims, is not unworthy
of the pencil of a West; and the other treaties of
of Lord Baltimore with the Indians, do not lack
the dignity of the one signed at Shakamacc on,2 and
which has given such wide celebrity to the venerable name of Penn.
It is painful to think of the case of Col. Clayborne. HIis heroism was unquestionable; and his
motive in founding a colony upon an island of the
Chesapeake, was of the most honorable character.
His fate was hard; and history has done injustice
to his memory. The friends of historical learning
are indebted to the late labors of a gentleman now
living at Baltimore;' and for the light he has shed
upon the controversy, I also am  under much obliof the proprietary's government, in 1689; and applicable to the
days of Cecilius as well as to those of Charles.
Subsequently St. Mary's. The Proprietary, it is needless to
add, was not personally present; but the spirit of his policy was
fairly represented by his brother, Gov. Calvert.
2 Where a part of Philadelphia now stands.
s Mr. S. F. Streeter.




CECILTUS.                   167
gation. It seems the principle upon which the
founder of the Kent Island settlement had based
his claim, was not without some support, in a
clause of the Maryland charter.'  It appears, also,
with great force, in the case of the early Dutch and
Swedish settlements upon the Delaware; and in the
one decided about a century later, it is indirectly
sanctioned, so far as regards the ground of prior
occupancy, by the celebrated opinion of an English
chancellor.' But Clayborne, unlike Penn, never
had  a charter.   The  contest in  Maryland  was
bitter and bloody. Both settlements had suffered
much misery and loss. And upon Clayborne's
own appeal to the authorities of the English government, the course of the proprietary upon the
main point, was sustained. The claimant from
Virginia  committed  another  error.   He  con1Clayborne founded his settlement before the arrival of the
Pilgrims at St. Mary's, or even the date of Lord Baltimore's charter, which did not, in clear language, include any colonized territory. The claim of the Swedes upon the Delaware also embraced
within the Maryland charter (as far up as the fortieth degree
including the'site of Philadelphia), was partly based upon the
same ground as that of Clayborne.
2 Lord Ilardwick. See Reports, 1 Vesey, Sr., pp. 444-456. This
decision virtually settled the long and tedious controversy between
Maryland and Pennsylvania.




168                 THE DAY-STAR.
founded the question of jurisdiction with the right
to the soil; and Maryland could not consent to the
exercise by Virginia of any sovereignty over the
Isle of Kent. Nor was Clayborne, as the occupant
of land there, justified in retaining his allegiance  to  the  government at Jamestown.   At
the origin of his settlement, our sister colony, it
will be remembered, existed by the sufferance, or
at best by the guardianship of the English crown.'
And there is no evidence whatever of the proprietary's unwillingness at the beginning of the
controversy, to grant, upon the proper application,
a full confirmation of the title to every tract the
secretary of Virginia had reclaimed from the wilderness. The purchase from the Indians was not
sufficient.2
Cecilius died in 1675. As early, however, as
1662, he sent Charles, his son and heir, who lived
1 It has been said, the charter to Lord Baltimore for territory
within the original limits of Virginia invaded the rights of that
colony. But the one given to Virginia was taken away, however
unjustly, before the date of Lord Baltimore's.
2 It was against a well established principle in the policy of
nations, to recognize a title, without a previous sanction from the
Crown, of which the purchaser was a subject. Such is also the
law of the United States.




CECILIUS.                      169
many years in the province, a part of the time at
Mattapany-Sewall;' sharing  the  fortunes  of the
other colonists; and marrying the widow2 of one of
the most distinguished; giving evidence of those
noble qualities, which had rendered the memory of
the first proprietary so dear to the people of Maryland; and amid many embarrassments, leaving,
both as a governor and a proprietary, the indelible
foot-prints of an able, a wise, and a just administration.  From  Charles is traced the descent of the
other proprietaries3 now represented by the CalNear the mouth of the Patuxent, originally the dwelling-place
the Mlattapanients (one of the most friendly tribes of Maryland);
next, the storehouse of the Jesuit Missions; but subsequently
relinquished by the Missionaries; and given by the Proprietary to
the Hon. Henry Sewall, the privy councillor. The Mansion
during Lord Charles Baltimore's residence, was the Government
hiouse of the Province.  There, also, once stood a fort and a
magazine.
2 Jane, the widow of the Honorable Henry Sewall, the privy
councillor, and the ancestor of the Sewalls of Mattapany-Sewall,
including the descendants at Poplar-Hill, Prince George's County.
s The errors of Lodge (see his " Irish Peerage ") were perpetuated
by the' London Magazine " of June 1768; and some of the members of the family, at this time, are under the impression that
John, instead of Charles, was the third baron of Baltimore. The
following statement consists of facts derived from the provincial
records, from the State Law Reports, and from other sources of
8




170                  THE DAY-STAR.
verts of Prince George's County-George and his
brothers being the grandsons of Benedict, the son
of the fifth baron,1 and who bore the baton in his
escutcheon. Mount Airy, in the same county, has
been the family seat, for several generations.  May
it long remain the home of the Calverts! 2
the most reliable character. George was the first baron; Cecilius
the second baron and the first lord proprietary; Charles I. the
third baron and second proprietary; Benedict Leonard, the fourth
baron and third proprietary; Charles II., the fifth baron and fourth
proprietary; and Frederick, the fifth proprietary; at whose death,
for want of legal issue, the barony became extinct; but he gave
the lord-proprietaryship to his natural son,'tHenry IHarford, a
highly accomplished gentleman, and whose authority, at the
period of the American Revolution, was represented by Governor
Robert Eden.
I There is also a branch at Riversdale, near Washington; and
another at Newport, R. I.; both offshoots from Mount Airy.
2 Nelly, the daughter of Benedict, was married to Mr. Custis.
The letter of General Washington, the guardian of the gentleman
who had sought her hand, is published in Sparks's Collection, vol.
2, p. 371.




GOVERNOR CALVERT.            171
CHAPTER XVI.
Governor Leonard Calvert.
THE planting of a colony, amid the dangers and
privations of a wilderness, from the most ancient to
a comparatively modern period, assumed a high
rank among the "heroical works"' of man.   In
the history of Maryland, we see the union of the
hero with the pilgrim; the combination of a mission derived from the laws of human destiny, and
expressly given before the Fall, with the magnificent and sublime sentiment, which soon became a
living embodiment, under the form of religious
liberty. The first of the spirits who personally
took part in the noble adventure, and the chief of
the original pilgrims, was Gov. Leonard Calvert.2
The brother of the proprietary-young, but dis1 Lord Bacon.
2 He also bore the baton in his escutcheon. See Hildreth, Vol. L
p. 209.




172             THE DAY-STAR.
creet; full of confidence in his own strength, yet
fondly relying upon a higher power; devoting his
life and fortunes, in the most energetic and honorable manner, to the task of guiding and protecting
the little band of emigrants-he seems to have presented a practical exemplification of that beautiful
conception, which pervades the bosom  of the
idealist in every age; representing the ruler of a
grateful people, under the striking similitude of a
shepherd. The visions of childhood are dispelled
by the sober sense of manhood. But youth is the
type of a cheerful spirit, and of a hopeful heartthe season of daring enterprise, and of heroic
adventure. At the darkest hour in the fortunes of
the colony, the soul of young Calvert never despaired. Once driven from the capital by the
enemies of the proprietary; he rallied a force in
Virginia; and returning to Maryland, at a propitious moment, recovered the government, which had
been wrested from his grasp by the hand of pirates
and traitors. The proprietary, of a less sanguine
temperament, had regarded the temporary success
of Ingle's arms in Maryland, with other untoward
events, as a knell to the hopes of his colony; and




GOVERNOR CALVERT.            173
accordingly instructed Governor Calvert to gather
up the wreck of his private property; apparently
abandoning for ever his rights under the charter.'
But the courage of Calvert was not subdued; his
energy, at the most trying crisis, was not wanting.
Pledging the personal resources of the proprietary,
and making another effort, he succeeded. To him
is due the honor of re-establishing the government,
against the most fearful odds; and of securing the
field, which had been lost, for a fair experiment of
those principles of religious liberty, which have
since become the pride and boast of Maryland.
Although his death occurred before the year 1649,
he occupies a high and honorable place among the
law-reformers of his age-having exhibited the
first practical example of toleration, in his twofold
character of governor and chief justice-in the
former, exerting the largest discretionary power,
both under the charter, and also under his commission from the proprietary-in the latter, anticipating the statute law, and shaping the judicial
policy  of the  province, in a manner which
reflected the liberal spirit of Cecilius. His tomb1 McSherry.




174               THE DAY-STAR.
stone cannot be found; and our ignorance of the
spot is a reproach to the living generation of
Marylanders.  But he was "'a great and good
man," more illustrious for what he founded than
the most successful generals for what they have
overthrown and destroyed.' The sincerity of his
aftal in the GAurcr of Rome has never been questioned.2
1 McSherry.
2 I have no knowledge of his posterity; and doubt if he was
ever married.




GOVERNOR STONE.                    175
CHAPTER XVII.
Governor William Stone.
THE ancestors of Gov. William Stone probably
resided in Northamptonshire, in England.' But
he had  one, if not several kinsmen2  at London.
1 His earliest American residence of which I have any recorded
knowledge, was in Northampton County, Va.; Nanjemy River,
upon which stood his manor, in Charles county, Md., bore, about
the time of the original survey, the name (Lib. No. 12, p. 116) of
Avon; and Mr. Thos. Sprigg, of Prince George's county, whom in
his will (Lib. No. 1, 1635 to 1674, p. 90) he calls "' brother," held
a tract (Liber, Wills, T. B., No. 2, p. 444) also named Northampton
I am inclined to think, the governor gave the name to Northampton
county.
2 He had (Lib. No. 2, pp. 313, 314) a near relation at London,
whose very street is given, and whose name was Thomas; and
one of the divisions of Nanjemy Manoi (called also the Manor of
Poynton) was bounded (Lib. No. 11, p. 330) by Cheapside creek.
He had at least two brothers. John also probably lived at London;
Mathew, in the province of Maryland. And several families of his
surname, with distinct armorial bearings, resided at that city.
With the aid derived from these facts, especially by connecting
Thomas with the street he lived upon, it would be easy, it strikes
me, to obtain the further evidence which is no doubt preserved




176                  THE DAY-STAR.
And we may suppose he came from that city to
America. He was the high sheriff in one of the
counties of Virginia, before he received his commission from Lord Baltimore. The early part of
1649, lie arrived in Maryland; and the same year,
brought six persons into the province.'  It seems
also he took a kind and active part in securing a
home for the Puritans from Virginia.2 At the
Assembly of 1649, he presided over the privy
councillors, when they sat separately from the,
burgesses; and over both branches when the members assembled in one body. In 1652, his unhappy
contest began with the Puritan party.3 The Engupon the records there, and thus to establish the identity of his
with one of the other families; as well as to ascertain his own
arms.  For the armorial bearings of the different families of
Stone, see Burke's General Armory.
1Lib. No. 2, p. 425.
2 Such is the opinion of a very respectable authority. It is also
certain (see his commission for the office of governor, in Bozman)
that he had undertaken to introduce 500 persons. But I have
never seen the proof of the fulfilment of his engagement, nor the
reasons of his failure.
Many of the facts of this sketch not directly taken from
the Records, will be found in Bozman's Maryland, to which I must
refer my readers for a long but interesting, and in most respects
strictly accurate account of the controversy.




GOVERNOR STONE.                1717
lish parliament had sent out commissioners, with
instructions to bring under subjection the colonies
upon the Chesapeake; and the governor was ready
to acknowledge the authority of the home government, as it had been organized without a king or a
house of lords.  But more was exacted.  And
changes rapidly succeeded each other, not without
violence, and greatly to the distress and disturbance of the whole province. Acting under instructions from  the proprietary, and  aiming to
re-establish the form of government recognized by
the charter, he marched from  St. Mary's, in 1655,
at the head of a little army; and near the site of
Annapolis was fought a memorable battle,' in which
the Puritans exhibited much fanaticism, great
bravery, and extreme brutality. The governor
"received a wound in his shoulder;"  and most
of his surviving adherents, including Col. Price,
surrendered.  The victorious party then held a
court-martial; passed sentence upon many; exeThe battlefield, it is supposed, was at the site of Fort Horn,
nearly opposite Greenberry's Point, where stood the first Puritan
town. See Leonard Strong's " Babylon's Fall," and Langford's
"Refutation," Ridgely's "Annals," and other authorities. In
another note, I have noticed the origin of the town.
8*




178               THE DAY-STAR.
cuted several; and, in cold blood, shot William
Eltonhead, a privy councillor, a Roman Catholic,
and a near relation of Mr. Fenwick., Through the
earnest intercession of some of their own soldiers,
the governor was rescued from the fate of Charles
the First! The estates of the prisoners were next
sequestered; heavy and cruel fines inflicted.  And
the governor was one of the greatest sufferers,
through the agency of the very men whom, but a
few years before, we have good reason for believing,
he had so generously befriended.  Some time after
the restoration of the proprietary's government,
he was a privy councillor; and, throughout his
whole life, sustained a high reputation for integrity
and honor. Soon after his arrival, he lived in St.
Michael's hundred; the latter part of his life, upon
" Poynton Manor," then called Nanjemy; a part
of which had been granted, in consideration of his
"good and faithful services."   At his death,
which occurred about 1660, he had a house also at
Lib. Q. pp. 179-180. The original patent embraced 5000 acres;
and was held of the " honor of West St. Mary's;" with the usual
powers and privileges of a manor, including that of holding the
court-leet and the court-baron.




GOVERNOR STONE.                     179
St. Mary's city.  He left many children;' whose
posterity also resided upon the Manor. And most
of his descendants, like himself,2 were Protestants;
including the Rt. Rev. William  Murray Stone,' the
third bishop in the Protestant Episcopal succession
of Maryland.  Many also  of his descendants are
distinguished in the civil and military annals of our
country —Thomas,"  his great-great-grandson, having
signed the Declaration of American Independence;
Michael Jenifer, the brother of Thomas, having
Verlinda was his wife; and Thomas, Richard, Elizabeth, John,
Mathew, Catharine, and Mary, were some of his children. See his
will (Lib. No. 1, 1635 to 1674, pp. 90-93),) where he names also
his brother-in-law, Francis Doughty; and Richard, the uncle of
his son, Richard Stone.
2 See Signers of the Protestant Declaration.
Of the eastern-shore branch, quite remote from the present
representatives in Charles. But the relationship was claimed and
recognized as late as the life-time of the bishop.
4 Thomas, the granduncle of Frederick, it is well known, was
the son of David, who died about 1772. And it can be proved
from the testamentary, and other records, that David was the
son of Thomas, and the grandson of John, the son of the provincial governor. The principal part of the proof is derived from
their wills, recorded at Annapolis, and probably at Port Tobacco.
The ascent also of Thomas, the son of William, may be traced,
through the grandfather, Thomas, to Governor William, the greatgrandfather. See their wills.




180             THE DAY-STAR.
been a member of the Convention which, in 1788,
ratified the Constitution of the United States; and
John, another brother, and who had been wounded
at Long Island, having held the post of governor,
in this State, nearly a hundred and fifty years after
the date of the commission from the proprietary
for the same office, to William, the emigrant.
And Frederick, now living at Port Tobacco, and a
descendant of the sixth degree, through Michael
Jenifer, from the early provincial governor, is one
of the commissioners engaged in the grave work
of reforming the practice of the courts in Maryland.




GOVERNOR GREEN.               181
CHAPTER XVIII.
Governor Thomas Green.
GOVERNOR GREEN was one of the pilgrims of
1634,' and the intimate friend of Governor Calvert.
He was a privy councillor, as early as 1639; and
for many subsequent years. The two short periods
he held the post of governor are involved in too
much obscurity to warrant any important inference,
beyond the fact of his sincere attachment to the
interests of the royal family at home.' Governor
Calvert appointed him, upon his death-bed, simply
to supply a vacancy, in 1647.' Under Governor
Stone's appointment, he was also the chief executive, a part of 1649.  Of his faith, there is no
doubt. One of his children was the namesake and
godson of the first governor.4 And, in a trust-deed
Lib. A. B. & II., p. 67; and Lib. No. 1, p. 41.
2 See the proclamation in favor of Charles the Second, in 1649,
Bozman, vol. 2, p. 670.
Bozman, vol. 2, p. 307.   See Gov. Calvert's will.




182                THE DAY-STAR.
to Henry Adams and James Langworth, in 1650,
he expressly says he is a Roman Catholic; and
gives by the same instrument, in testimony of the
fact, a token of regard for the Rev. Thomas Copley.' Ilie was several times married, and lived, it
would seem, a short time before his death, in
Virginia. He had four sons.2 His descendants
resided in Charles County, at a period not long
before the American Revolution.  And some of
his posterity3 are probably now in the State. We
have no reason to doubt he was present, in the
Assembly, during all the important proceedings
relating to the Toleration Act.
I Lib. No. 1, pp. 188-189.
2 See his deed to Messrs. Adams & Langworth. Their names
were Thomas, Leonard, Robert, and Francis. He had also a
brother named Robert. See Lib. No. 2, p. 444.
3 Green's Inheritance was one of the tracts held by them.




COL. PRICE.                183
CHAPTER XIX.
Colonel John Price.
THE year of Colonel John Price's arrival is
involved in doubt.' But in 1639,2 he represented
St. Michael's hundred in the General Assembly;
and soon rose to eminence, as a soldier.  His services are the subject of the proprietary's notice;
and as a mark of his merit, he received the commission of mustermaster-general of the province,
in 1648.3 The same year, he was appointed a
privy councillor. He was distinguished for his
fidelity, during the insurrections and rebellions
beginning in 1645. And perhaps to his soldierlike skill and courage, was Governor Calvert chiefly
indebted for the recovery of his authority. He
also had the command of St. Inigo's Fort, at a
1Several persons of his name came about the same time.
2Bozman.
3 Bozman, vol. 2, pp. 652.




184                THE DAY-STAR.
very critical period. He was a signer of the
Protestant declaration in 1650; one of the chief
sufferers, at an advanced stage of his life, under the
misrule of the Puritans;  and, as a privy councillor, at a subsequent period, sat upon the bench of
the Provincial Court.  Ile died in 1661.  As a
soldier, a councillor, and a provincial judge, he
sustained the highest character.  Judging from his
will, he was also a kind master.  HIe bequeathed
a token of his benevolence to each of the six
indented white-servants who had lived with him.2
HIe was illiterate; but nature had given him  the
best powers of observation and perception.  His
opinions in council are marked with a candor
worthy of the knight; and generally, if not always,
on the side of a strict conservatism;3 short,
indeed, yet full of pith, and directly to the point.
Those upon the bench are equally brief; but still
Lib. No. 3.
2 "I give and bequeath," he also says, " unto my loving friend,
Mr. William Wilkinson, the sum of 350 pounds of tobacco, for the
preaching of my funeral sermon." His daughter was named Ann.
See the Will, Lib. No. 1, 1635 to 1674, p. 141.
s Witness his pithy opinion against the revolutionary manceuvre
of Gov. Fendall. See Council Proceedings.




COL. PRICE.             185
distinguished for their strong and clear sense of
justice. The sword, however, and not the pen,
was the emblem  of his greatest excellence. It
was in the garrison and the field, rather than at
the council-board, in the march against the
Indians more than in the delivery of judicial
decisions, that we find, he was conspicuous. But
we have every reason to believe, the part he took
in the Assembly of 1649, was in the highest degree
honorable to his memory. Of the posterity of this
rude and unlettered, but still genuine cavalier of
St. George's hundred (for there he resided the
latter part of his life), nothing is known beyond
the mention of a daughter in his will.




186                  THE DAY-STAR.
CHAPTER XX.
Honorable John Pile.
THE  Honorable  John  Pile    was  probably  a
native of Wilts. And his residence upon the
Wicomico, in Maryland, granted for "good and
acceptable services," consisting of four hundred,2
but subsequently of a thousand acres,3 bore the
name of Salisbury.4  It was the home also of his
posterity for several generations. Before 1648, he
1 The appellation of " Honorable " was given at a very early
period, to the members of the Privy Council, and to the Judges
of the Provincial Court. The name of Mr. Pile is, in some places
upon the Record, spelt Pyle-at others, Pille.
2 Records of the Land Office, Lib. Q., pp. 447-448.
3 Rent-Roll for St. Mary's and Charles, vol. 2, fol. 371.
4 It is generally called " Sarum "-another name only for the
old borough in Wilts, where also, about two miles distant, is the
city of " New-Sarum," or Salisbury. In Liber S., 1658 to 1662,
"Judgments" (see p. 221), the plantation is called " Salisbury."
Salisbury Was the name also of another tract held by the privy
councillor's son. See Joseph's will,: Testamentary Records at
Annapolis, Lib. No. H., pp. 64-65.




HON. MR. PILE.                     187
arrived, with his wife;' and under his immediate
care, during that year, came also the Tettershalls,2
his relations,3 professing the same faith,4 and apparently from  the  same English  county.1   In  1649' Records of the Land Office, Lib. No. 2, pp. 508-509. His
wife's name is not given; but it was, no doubt, "Sarah"-the
name borne by his wife, in 1660. See Records of the Court of
Appeals, Lib. S., 1658 to 1662, Judgments, p. 221.
2 Their names were William and Mary. Records of the Land
Office, Lib. No. 2, pp. 508-509.
3 The privy councillor frequently calls William Tettershall his
" brother." E. g., see Lib. S., 1658 to 1662, "Judgments," p. 1072.
He also calls Lieut. Col. John Jarboe his "brother."  Land Office
Records, Lib. No. 1, p. 247.
4 William Tettershall's Will (see Lib. No. 1, 1635 to 1674, among
the Testamentary Records in the Register's Office, at Annapolis)
contains incontestable evidence of the fact. He also calls Lieut.
Col. Jarboe (R. Catholic) his "brother."
6 William Tettershall (see his will) mentions his brother John,
" of Oddstoake, in Wiltshire."  It seems also he had two other
brothers: Lawrence, who lived at the same place, in Wilts, about
1648; and Peter, who resided at " Chidooch," in Dorchester, England. See the deed of his nephew, Edmund Smith, of Maryland,
to Cuthbert Fenwick, upon the Records of the Land Office, Lib.
No. 2, p. 439. The Tettershalls of Maryland subsequently lived
in Prince George's. The supposition, that the Piles came from
Salisbury, in England, is confirmed not only by the preceding
facts relating to the Tettershalls, but also by a marriage mentioned in the history of the Pophams, of Littlecott, in Wilts.
About 1640, Elizabeth, the daughter of Sir Francis Popham, was
married to Sir Gabriel Pile. The residence of Sir Gabriel is not




188                  THE DAY-STAR.
and 1650, he sat in the privy council;' but his
commission is dated in 1648.2   One of his descendants, it is said, became a Roman Catholic clergyman; and  another a nun.'  Of the sincerity of
his own faith, we have the recorded evidence.
During  the  ascendency  of the Puritans, at the
period of a bitter persecution, he comes forward;
and  " confesseth himself in  court to be a Roman
Catholic " —acknowledging   "the  Pope's  supremacy."'  The time of his death is not known; nor
can his will be found. But in 1660, he had three
children, whose names were Joseph, Ann, and
stated. But I cannot but think he lived in the same county; and
was a relation of the Piles of Maryland. See Burke's Dictionary
of the Landed Gentry, vol. 2, p. 1058. Constance, the daughter
of George Tattershall, of Wilts, was married to Wm. Smith. See
same authority, Vol. 2, p; 1354. There is no history in that work,
of the Piles of Wilts, nor of any family of the same name.'See certificate prefixed to the Declaratory law of 1650,
Records of the Land Office, Lib. No. 3, p. 45.
2 Bozman, vol. 2, p. 650.
The Testamentary Records also show how fondly attached
were the Piles of Maryland to the faith of their forefathers. See,
e. g., the will of Joseph, in 1692.
The following is the entry upon the Record of the Provincial
Court, in the Land Office, for October Term, in 1655: "John Pyle
confesseth himself, in court, to be a Roman Catholic; and hath
acknowledged the Pope's supremacy." See Lib. No. 3, p. 161.




RION. MR. PILE.                189
3Mary.'  His son died in 1692,2 giving  Salisbury
to Joseph, the only grandson, and leaving Sarah
with two other descendants.  His grandson, whose
will is dated in 1724, divided the family seat
between  the  five  great-grandchildren, Joseph,
Bennett, Ann, Elizabeth, and MIary.3  Of Joseph,
the privy councillor's great-grahdson, there is an
entry upon the records, as late as 1738.'  At his
death, the family, in the male line, it is supposed,
became extinct. But there are descendants through
several female representatives. It is said, the blood
of the privy councillor still flows through the
veins of the Brents of Louisiana, the descendants
of Robert Brent, of Charles County; and that it is
also represented  by  the  children  of IHenry  J.
Carroll, of St. Mary's, in M3aryland.' Records of the Court of Appeals, in the Armory of the State
House, Lib. S. 1658 to 1662, Judgments, p. 221.
2 Will of Joseph Pile, Lib. No. I., pp. 64-65.
3 Will of Joseph, the grandson, Lib. W. B. No. 1, pp. 312-313.
The testator also calls John Parnham his "brother."
4 e was one of the witnesses to the will of John' Parnham,
dated in 1738; and in which are mentioned John, Francis, Xaverius, Ann Maria, and Elizabeth, the children of the testator, and
probably the descendants of the privy councillor.




190                THE DAY-STAR.
CH APTER XXI.
Captain Robert Vaughan.
CAPTAIN VAUGHIAN held land upon Kent Island,'
upon  Langford's Bay,2 and  upon  the  Chester
River.'  One of the tracts taken up by him, was
called "Ruerdon," and another "IKimbolton" —the
name also of a small town in Huntingdonshire,
England.  He was one of the Protestant members'
of the privy council, in 1649 and 1650. In 1638,
he held the office of constable' for St. George's
hundred, in St. Mary's County-a post, at that
time, not below the dignity of a gentleman. In
1642, he was one of the representatives' in the
General Assembly, from  the Isle of Kent.  He'Rent Roll for Talbot and Queen Anne's, vol. 2, fol. 299.
2 Records of the Land Office, Lib. Q. p. 333.
s Lib. Q., p. 338.
4See his signature to the Protestant Declaration.
Bozman, vol. 2, p. 45.
6 Bozman, vol. 2, p. 215.




CAPT. VAUGHAN.                 191
also represented the Island, during many subsequent sessions of the Legislature. In 1647, he was
the commander,1 or viceroy, of Kent.  In 1648, he
received two commissions2 from the proprietarythe one investing him  with the office of a privy
councillor; the other re-appointing him to the post
of commander. In the latter, there is a strong testimony to his " fidelity, courage," and "wisdom,"
during the " insurrection" of Capt. Ingle, and his
accomplices. About the first of November, during
the same year, he was removed from the commandership of the Island,3 in consequence of his
disrespectful language towards Governor Green;
but re-instated, upon the offer of an apology.
Having become involved in a dispute with the
commissioners of the County Court, he asked and
received their forgiveness also.4 In 1652, complaints were expressed by the inhabitants of the
Island.' We cannot say what they were. But he
Bozman, vol. 2, p. 304.  s'Bozman, vol. 2, pp. 649 and 653.' Bozman, vol. 2, p. 660-661.
4 See Record of the County Court, at Chestertown, in the
Clerk's Office, marked "Court Proceedings" (a fragment only of
it remains), and beginning in the year " 1647."
6 See Bozman. vol. 2. p 453-454. But Mr. Bozman is mistaken




192                  THE DAY-STAR.
was soon afterwards removed from the office of
commander, by Richard  Bennett, and  the  other
commissioners appointed by Governor Stone.  The
office he had held, somewhat analogous to that of
lieutenant-general, was one of the most honorable
within the limits of the province.'  He had exercised  the power of granting  land-warrants; but
failed to transmit a copy of his record — an omissionI which nothing  could  justify, and which we
can excuse 3only, upon the supposition then prevain supposing Capt. Vaughan was not removed by the commissioners. See the preceding " Court Proceedings," at Chestertown,
beginning in "1647."  The Record does not, indeed, contain the
charges or tke trial. But we will find there the order of the
commissioners displacing Capt. Vaughan.
1 In the commission of 1648 (see Bozman, vol. 2, p. 653), he
was clothed with the power of selecting his councillors; of holding courts, whenever there was a necessity; of deciding all civil
cases " not exceeding " ten pounds sterling; and of disposing of
all criminal ones "determined by any justice of the peace in
England," in the "courts of session, not extending to life or
member." Some of the early commissions conferred also a great
deal of military and executive authority. See Bozman for a copy
of these commissions.
2 Bozman, vol. 2, p. 460-463.
3In extenuation of Capt. Vaughan's delinquency, it may be
added, that the commander of Anne Arundel also failed to transmit a copy of his proceedings. And even the surveyor-general,




CAPT. VAUGHAN.                     193
lent in the province, that the English government
had  resolved  to  deprive  the  proprietary  of his
lawful authority.  The power to  grant warrants
was, therefore, revoked by Governor Stone, the
latter part of 1652.1   The date of Capt. Vaughan's
death cannot be given.  But he left two children:
William,2 who died in 1684; and Mary, the wife
of Major James Ringgold,' of Huntingfield.  WilRobert Clarke, a Roman Catholic, did not make a due return, in
1652, of the certificates from that county, and from Kent.
1 Bozman, vol. 2, p. 463.
The will of William Vaughan is recorded in Lib. G. See p. 64.
He desires his friends to bury him " near ye body of his deceased
father;" requests Major Ringgold to be the " guardian " to his two
little children; and gives his daughter a tract of 200 acres upon
the Island, and which is still called " Parson's Point;" but does
not name either of the children-speaking of them, simply, as his
" son 7' and "daughter."  He divides the rest of the estate
between his wife and two children.
3 The following is an extract (see Lib. G., pp. 232-233) from the
will of Major Ringgold: "I give and bequeath unto my son,
James Ringgold, the plantation I now live on, provided that my
son, Thomas Ringgold, shall refuse to set him out 300 acres of
land, at the northernmost bounds of 600 acres of land given by my
father, Thomas Ringgold, deceased, unto my said son Thomas,
before his death. And whereas my son, James Ringgold, is now
the heir apparent unto Captain Robert Vaughan, late of Kent
County, leceased —being the eldest son of the now only daughter,
and heir of himi, the said Vaughan —my will and intent is, that in




194                  THE DAY-STAR.
liam also left two children, who both died without'
issue. But the privy councillor was represented
by James,' the son of Major Ringgold, and who
died upon Kent Island, about 1705, leaving three
children.2
case he, the said James, comes to enjoy the same, that then my
aforesaid plantation mentioned in this fourth Article, as also the
300 mentioned in the same Article, be and remain wholly to my
son, Thomas Ringgold, and his heirs, for ever." Thomas, it would
seem, was the son by a previous marriage. William, John, and
Charles, appear to be full brothers of James.
The will of James Ringgold, of Kent Island, then a part of
Talbot County, is dated in 1704. See Lib. T. B. No. 2, p. 660.
He names his three children, Moses, Mary, and James.
2 Thomas, the emigrant, and the ancestor of the Ringgolds of
Kent Island, of Huntingfield, of Chestertown, and of FountainRock, resided upon the Island, was a cotemporary of Captain
Vaughan, and sustained a responsible position upon the bench of
the County Court. His son, Major James Ringgold, about 1680,
founded New Yarmouth, which stood upon Gray's Inn Creek, and
where the courts of the county were once held. For a period of
more than two hundred years. the Ringgolds have been one of the
leading families of Maryland. They are distinguished in the history of our colonization, and of the early provincial commerce
upon the Chester. At the period of the American Revolution,
they were conspicuous for their patriotism.  They have been
represented in the Hall of Congress; and upon the field of battle.




RON. MR. CLARKE.                    195
CHAPTER XXII.
The Honorable Robert Clarke.
THE  Honorable  Robert Clarke  arrived  within
four years' of the settlement at St. Mary's; and, in
the shipment of goods for the Indian trade, he
represented a Roman Catholic missionary, as early
as 1639.2 The same year, he sat as a freeman in
the legislature;' the following, was a deputy surveyor;4 and in 1649, the snrveyor-general of the
province.5   He was not included  in the commission of 1648 for the privy council. But there is' One of the records states he came in 1637; another, in 1638.
See Land Office Records, Lib. No. 1, p. 71; and Lib. No. 2, p. 425.
2 The Reverend Thomas Copley. Land Office Records, Lib.
No. 2, p. 38.
2 An individual, not a delegate. Into some of our early assemblies, the representative system was but partially introduced.
Bozman, vol. 2, p. 103.
Lib. No. 1, p. 72.
5 The commission (see Bozman, Vol. 2, p. 339) is dated in 1648;
but he did not immediately enter the office.




196                   TIE DAY-STAls.
evidence of the fact, that he sat in that House of
the Assembly, in 1649, and in  several subsequent
years.' IMany  of the  certificates  signed  by  this
surveyor-general,  are still preserved; and in 1651,
lie occupied the post of steward (with power to
hold  the court-baron) of Calverton —a manor of
nearly  ten  thousand  acres,2 at the  head  of the
Wicomico, intended (such was the paternal  policy
of the feudal proprietary) for a secure "habitatien" of " six nations " of Indians, who had desired
"to put themselves" under the governnment's "protection."   -Ic  also, during  the ascendency  of the
Puritans, openly, in  court, confessed  his faith in
The documents, in a preceding part of this volume, prove he
was a member of the council in 1649. On the 20th of April (O. S.)
1650, he was, for a reason not stated upon the Journal, excused
from sitting. See Lib. No. 3, p. 55. In 1654, also, he was a
privy councillor.  See Lib. No. 1, p. 521. In 1648 he was a burgess (see Lib. No. 2, pp. 293, 294) and held nine proxies. In 1658
he was a judge of the Provincial Court. Lib. " S. 1658 to 1662,
Judgments," p. 15. In 1GG0 he was again in the council; but did
not sympathize with governor Fendall, in his treachery toward
the proprietary.
a The " six nations" who had desired to be under the proprietary's protection, and for whom, as copyhold tenants, this manor
was intended, bore the names of Mattapanians, Wicomocons,
Patuxents, Lamasconsons, Highahwixons, and Chopticons.  See
Bozman, vol. 2, p. 675.




HON. MR. CLN..RRE.                197
the Roman Catholic Church.' Upon a previous
surrender, at the battle near the Severn, he was
taken prisoner by the Puritans;2 and then treated
as a rebel.  Tried  by a "council of war," bnt
saved "by the petitions of the women,"'3 he was
next fined ten thousand pounds of tobacco.4 Unable to pay the mulct, he assigned various bills
to the amount of three thousand; and surrendered
his plantation  upon  Britton's 13ay.'  About six
months later, in a state of "deep distress," without
the means of "subsistence" either for his "children" or for "'himself," he submitted a petition.
And  the  court, composed  of Capt. Fuller and
other  leading  Puritans, gave  him  a  temporary
possession of the land.6  In  1657, his bond was
"1 Robert Clarke, Gent., hath openly in court confessed himself to be a Roman Catholic; owning the Pope's supremacy." See
Proceedings of the Provincial Court, October Term, 1655; Land
Office Records, Lib. No. 3, p. 156. This was many months after
the battle near the Severn.
2 Bozman, vol. 2, p. 527; and Records of the Land Office, Lib.
No. 3, p. 163.
Bozman, vol. 2, p. 688.
Land Office Records, Lib. No. 3, pp. 156 and 157.
6 Same Liber, pp. 156, 157.
The following is the order passed by the court in 1656:"Whereas Robert Clarke, Gent., hath petitioned to this court for




198                  THE DAY-STAR.
required.'   He never succeeded in reclaiming his
fortunes; and, in his will, dated in 1664, there appears but little property.2  IHis posterity was dispersed through various parts of the province; and,
in 1686, died his eldest son, John, a resident of St.
Mary's County, holding  land  upon  a branch  of
St. Thonmas's Creek,3 in Charles County; and leaving John, Robert, Benjamin, and  two other children.4   The only marriage of the privy councillor
some relief in his exceeding deep distress, not having any way of
subsistence for himself and children; the court taking it into
consideration, have thought fit and ordered that the plantation
of the said Clarke, formerly made over unto the public for part
of satisfaction of a fine imposed upon the said Clarke for his late
rising up in arms and other great crimes at that time committed,
be delivered into the hands of him the said Clarke for his present
relief, without which he is likely to perish. And further, if the
said Clarke should sell the said plantation, that then he is to pay
the one half of what it shall be sold for, in part of the said fine,
when it shall be demanded." Lib. No. 3, pp. 178, 179.
1 Land Office Records, Lib. No. 3, p. 317; and p. 349.
2 He names his children, John, Robert, Thomas, and Mary.
Gives the most of his estate to John; and half the value of a
horse "to the Church."  See his will, Testamentary Records at
Annapolis, Lib. No. 1, 1635 to 1674, pp. 217-218.
3 Rent-roll for St. Mary's and Charles, vol. 2, fol. 314; and
Land Office Records, Lib. No. 6, p. 223.
4 See will of John, Lib. G. p. 193. The name of Clarke occurs




HON. MR. CLARIKE.                   199
mentioned upon the records, was the one to Jane,
the widow' of Nicholas Causin, the ancestor of the
family which held  the "Manor of Causin," now
represented by the Honorable John nI. S. Causin.
so frequently that it is very difficult to trace the descendants of
the privy councillor. But the reader who may be interested in
this subject, is referred to the following sources of information, in
the Register's Office at Annapolis:-Wills of Thomas, in 1675,
Lib. No. 2, p. 247; John, Lib. H., p. 48; John, Lib. H. p.177; Robert.
Lib. T. B., p. 375; John, Lib. J. C.-W. B., No. 2, Part 2, p. 32;
Thomas, Lib. W. B., No. 5, p. 375; Edward, Lib. W. B., No. 6,
p. 8; William, Lib. T. B., No. 1, p. 51; Thomas, same Liber,
p. 280; and Robert, Lib. W. B., No. 1, p, 438. There is also the
will, in 1689 (see Lib. T. B., No. 2, p. 727) of Robt. Clarke, " of
the parish of St. Giles, Without Cripple-Gate, London," but who
had lived in Maryland, "in the West Indies" (as America was
then called); and who was probably one of the Hon. Robt. Clarke's
descendants. John's, in Lib. H., on p. 48, is dated the 7th of
May, 1680, " according to the computation of the Holy Catholic
Church."
1 Land Office, Lib. No. 7, p. 132.




200                  THE DAY-STAR.
CHAPTER XXIII.
The Honorable Thomas Hatton.
THE Honorable Thomas IIatton, it would seem,
was the son of John Hatton; and, there is hardly a
doubt, lived at London,' before his arrival. It is
said, his family (which came in 16482) had sprung
from   that  of Sir Christopher Hatton, the  lord
1 John Hatton-a brother, I presume, of the secretary-in his
will of 1654 (see Records at Annapolis, Lib. No. 1, 1635 to 1674,
p. 519) speaks of his "late father, John Hatton;" of his brothers
Thomas, Samuel, and Henry; and his sisters Sarah and Susan.
The lands left him by his father, he gives his brother Thomas; and
appoints him one of his executors. Most of the family, it seems,
lived in England; and the testator, although then on a visit to
Maryland, resided at London. The godfather of the secretary's
son, Thomas, was "one of the clerks in the Six-Clerks' Office.
Chancery Lane," in the same city. See the silver spoon given,
about 1650, by the godfather, Thomas Motham, on p. 186, Lib.
No. 1, Records of the Land Office.
2 The secretary himself states, that he came, with his wife, his
two sons (Robert and Thomas), and his three white servants, in
1648; and that the following year arrived, under his auspices, the
widown, and Willionm, Richard, Elinor, and the other children of his




HON. MR. HATTON.                    201
chancellor in the reign of Elizabeth, and so much
admired by the queen for his graceful person and
his elegant style of dancing.  And the tradition, to
some  extent, is confirmed, not only by the existence  in  both  families  of the  same  baptismal
names,' but also by that sense of beauty,2 which
was a  characteristic  not less of the  honorable
deceased brother Richard.  Land  Office Records, Lib. No. 2,
p. 613.
1"Sir Robert Hatton was a brother," says Burke, "of Sir
Thomas Hatton, baronet; and of Sir Christopher iHatton, K.B.,
father of Lord IIatton, and ancestor of George Finch IIatton, Earl
of Winchilsea." Burke's Dictionary of the Landed Gentry, Vol. 2,
p. 1287. The names also of Richard, Henry, John, William, and
Sarah, occur both in Burke and upon our early records. Thomas,
indeed, is found frequently in the history of the English, as well
as of the provincial family.
2 The following note from the secretary, introducing Mr. John
De Courcy (then written Coursey), is a fine specimen of the
author's style-a model both of terseness and of elegance. John
De Courcy was a brother of the Honorable Henry De Courcy; and
subsequently the clerk of Kent County:
"Mr. Bradnox, —.... The bearer hereof, Mr. John Coursey, upon
the invitation of some friends, comes amongst you to try his fortunes
at Kent. His quality and good carriage will, I know, purchase
respect from all; and especially from yourself and Mistress Bradnox, whose courtesy and respect to strangers, especially to those
of the better sort, hath never been wanting. And, therefore, I
shall not need to use many words of commendation in his behalf.
9:



202                 THE DAY-STAR.
secretary of IMaryland  than of the distinguished
statesman of England. The armorial bearings of
the  Hlattons of London  were: —"Argent,  three
hurts, each charged with a bend of the first; on a
chief vert, an eagle displayed or."  And their crest
was:- " A  demi-bear rampant sable."'
Besides the offices of secretary and of privy
councillor (the commissions for which were dated
on the same day,2 in the year 1648), he held the
post of attorney-general of the province.3   Like
the other councillors appointed in 1648, he went
into office, it would seem, at the commencement of
the Assembly, in 1649. It is supposed he brought
from  England the draft of "The Act concerning
Religion." The official power and rank conferred
But desiring, with my wife, to be kindly remembered to yourself,
and Mistress Bradnox;         Rest;
"Your assured, loving friend, Thomas Hatton,
"St. Mary's, Feb. 1653.
"The superscription-To his much respected friend Mr. Thos.
Bradnox, at the Isle of Kent, in Maryland." See Court Record,
at Chester-town, commencing in 1647.
1 Burke's General Armory.
2 Bozman, vol. 2, p. 649, and p. 651.
9 In 1652, and I presume other years, he was the attorneygeneral. Land Office Records, Lib. No. 1, p. 302.




HON. MR. HATTON.                  203
upon our early secretaries were very great.' The
present secretaryship of State is but the shadow of
the original office, under the dominion of the first
lord proprietary. Although there is no evidence
of the contingency, upon which he was authorized
to act, we know  he also received a commission
appointing him to the post of governor.2 In 1652,
about the beginning of the revolutionary measures
under the commissioners from the English commonwealth, he was removed from  the secretaryship;$ re-instated in July, the same year;' and again
deprived of the office, in the month of August,
1654.' Before the Puritan Assembly at Patuxent,
the last-named year, he appeared with Mr. Chandler, the other burgess from  St. Mary's; and, in
view of his " oath " to Lord Baltimore, as well as
1 The secretary sat, not only in the privy council, but also upon
the bench of the High Provincial Court. And great weight was
attached to his opinions. The office also of chancellor was usually
annexed to the secretaryship.
2 The latter part of 1649, Gov. Stone having occasion to be
absent from the province, appointed Thomas Green governor; in
case of his refusal, Mr. Hatton. Bozman, vol. 2, p. 377. In 1650,
also, I perceive, he was appointed. Lib. No. 2, p. 615.
3 Bozman, vol. 2, p. 681.
4 Bozman, vol. 2, p. 682.        1 Bozman, vol. 2, p. 685.




204                   THE DAY-STAR.
other reasons then reduced to writing, but now
unfortunately lost, he refused to sit in that body.1 At
the battle of 1655, in the service of the proprietary,
he lost his life.  An order was issued for the " subsistence " of his widow out of his lordship's " rents;"
and every disposition manifested, in testimony of
respect for his memory, and  of gratitude  for his
noble  fidelity.'2  itemarkable not more for moderation  than  for decision; discharging his duty in
every private and  official relation; a Protestant,%
but not a bigot; the ornament of his own faith,
but distinguished for his loyalty to the charter, and
to the person of the Roman  Catholic proprietary;
1 3ozman. vol. 2, p. 508.
2 Bozman, vol. 2, p. 698.
3 He was one of the signers of the Protestant Declaration. The
case of Gardiner (Bozman, vol. 2, p. 493) proves also how ready
was the secretary to resist every attempt to sedue his ward and
niece, Eleanor Hatton, from  the faith of her family. And his
nephew, William, married Elizabeth, the daughter (See Rev. William Wilkinson's will, Lib. No. 1, 1635 to 1674, p. 190) of the
first Protestant clergyman (an Anglo-Catholic) who arrived in
St.-Mary's after the landing of the Maryland Pilgrims.  See
arrival (Land Office Records, Lib. No. 3, p. 62) of "William Wilkinson, clerk," in 1650, with his wife Mary, his daughters Rebecca
and Elizabeth, and several other persons including his indented
servants. The secretary's wife was also the godmother of Mathew,
the son of William Stone, the Protestant governor. See p. 65.




HON. AMR. IIATTON.                 2'05
he presents to the student one of the most interesting characters in the history of the colonization of
Maryland.  A  son and grandson, both bearing his
own baptismal name, died, it would seem, in
MIaryland; the one, in 1676,1 the other in 1701 2;
the former (or a cousin also called Thomas), having
lived some time at Tewkesbury, in Gloucestershire,
England;3 the latter, disposing, by his will, of the
right to a large tract, not then fully confirmed, but
due to him, as heir to the  "Secretary of M)aryland;"  and  granted, probably, in  token  of the
grateful recollections cherished by the proprietary,
for the noble sacrifice at the battle of 1655.  I
1 Will of Thomas Hatton of ~t. Mary's County, " gentleman,"
in Lib. No. 2, 1674 to 1704, on p. 381.  Names his only son
Thomas; his sisters, Margaret and Rebecca "Wahop;" and several of the Hansons, who seem to be his relations.
2 Will of Thoinas Hatton, of St. Mary's County, also styled
"gentleman," in Lib. T. B., p. 120. HIe possibly had a posthumous
son; but the only child named in the will is Elizabeth, to whom
he gives " Hunting-Creek," surveyed (see Rent Roll for St. Mary's
County, No. 1, Manors, fol. 2) for the secretary, in 1655.
Thomas (the son, I presume of the Hon. Thomas Hatton) lived
at Tewkesbury, about 1674; and gave Samuel of Maryland a power
of attorney relating to the claim arising upon the death of his
brother John. - Lib. M. M., 1672 to 1675, Judgments, p. 193, and
pp 578-580.




206               THE DAY-STAR.
doubt if there is now living a lineal descendant of
the same surname anywhere in America.  But the
Hattons of Piscataway are related to the family,
through William, the nephew of the secretary,
and the son-in-law of the Rev. William Wilkinson.
William Hatton died at an advanced age in 1712,
naming his children, Joseph Hatton and Penelope
Middleton; and giving to each of his grandchildren (including Hatton Middleton), " a gold
ring," as the "token" of his "love."  He also
divided between his children, the home plantation,
consisting  of "Thompson's  Rest,"  and  " Rich
Hill."'' Will of William, Lib. W. B., No. 5, p. 432. In tracing the
descent of the Hattons, near Piscataway, I am indebted, for the
use of several land-papers, to the kindness of the Hon. William H.
Tuck, of the Court of Appeals.




MR. FENWICK.             207
CHAPTER XXIV.
Mr. Cuthbert Fenwick.
WE now descend from the Upper to the Lower
House-from the privy councillors to the burgesses
-from the representatives of the proprietary to
the delegates of the planters, and of the other
freemen of the province. The leading member of
this body, one who breathed the spirit of Copley,
of Cornwallis, and of Calvert, it would seem, was
Mr. Cuthbert Fenwick; a sincere believer in the
faith of the old Latin church; one of the original
Pilgrims of 1634; and the fairest exponent of that
system of religious liberty, which had constituted
the very corner-stone of the first settlement under
the charter. Many, also, are his descendants in
the United States.  They have held a distinguished rank in the field of civil and of military
services. And tihey have been ornaments, not
only of the priesthood, but also of the hierarchy
of the American Roman Catholic church. Some
e




208               THE DAY-STAR.
still linger among us; our neighbors, and our
fiiends.  Through evil, and through-good, after
the lapse of many years, in the midst of vast social
and political revolutions, they have clung, with
the fondness of children, to the faith of their first
forefather.  Is there no gratitude among Protestants?   Will the Protestant flinch from  the
performance of a plain historical duty? Shall he,
who inherits a pure Protestant blood, an unbroken
Protestant faith, through eight generations, from
the age of Elizabeth; whose first Protestant
ancestor of the provincial line reached the shores
of the Chesapeake but a year after the passage of
the memorable Toleration Act, hesitate for one
moment in doing justice to the memory of the
early Romnan Catholic law-givers of Maryland?
Fc!nwick was the seat of a distinguished family
of the same name, in the county of Northumberland, England.' And Fenwick was the manor
erected for the early colonist, in what was subsequently Resurrection hundred, St. Mlary's County.2' Burke's General Armory; Art. Fenwick, at Fenwick, in
Northumberland.
2 Fenwick Manor was surveyed for Cuthbert Fenwick, in 1651.




MR. FENWICK.                  209
In Maryland, also, I am  told, there was an old
signet ring containing the arms of the Fenwicks,
of Fenwick manor; and, it is said, that Cuthbert
was a descendant of the Fenwicks in Northumberland County. But history has a more solid foundation than  mere oral tradition;  and nothing, I
regret, can positively be asserted respecting the
armorial bearings of the Fenwicks, of St. Mary's;
or.even their English original, beyond the relationship to the Eltonheads.
Of Captain Cornwallis, the chief councillor of
the governor in 1634, and one of the noblest spirits
in the band of original Pilgrims, IMr. Fenwick was
the special prote'ge.1  For many years, also, from
his arrival, did he hold a great variety of confidential trusts and responsible agencies; living at
" The Cross,"2 during the captain's frequent voyages  to  England; and transacting, with  strict
fidelity, all his important business upon the manor.
It is upon the Patuxent. Rent Roll for St. Mary's & Charles, vol.
1, fol. 55.
1 Land Office Records, Lib. A. B. & H., p. 244.
2 The name of Capt. Cornwallis's manor-house. The manor,
-itself, was called "Cornwallis's Cross." Rent Roll for St. Mary's
County; also Lib. No. 1, pp. 115-117, and elsewhere.




210                  THE DAY-STAR.
So intimate was the relationship, that he was summoned on one occasion (the only case of so peculiar
a kind of representation, I believe, upon the
records), by a special writ, to sit as the " attorney "
of the councillor, at a meeting of the General
Assembly.'  More, also, on account of the enmity
towards Cornwallis than  any ground of personal
dislike, was he plundered by Captain Ingle,' the
pirate, the man who gloried in the name of " The
Reformation."'  In the grant of land for the early
Roman Catholic missions, his name and services, it
appears, were used. It seems, also, he was intiI This was in 1640. Bozman, vol. 2, p. 171.
2 He was, about 1645, surprised by Ingle's party, and treacherously confined as a prisoner, on board that pirate's ship; the
manor-house of Capt. Thomas Cornwallis much injured, and also
plundered of its servants, valuable furniture, and other property.
On his way to Accomac, Va., he was also robbed of his "clothes,"
and "papers."  Lib. No. 1, pp. 432-433;. pp. 572-573; pp. 582583; and p. 584. Lib. No. 2, p. 354; and pp. 616-617.
s The world, alas! is governed more by the shadow than by the
substance! Here is a man from Wapping, in Middlesex, England
(see Lib. No. 1, pp. 377)-a sea-captain of a reckless sort of
courage-plundering a missionary, and many other Roman Catholics of the province; and, by universal consent, a pirate; yet
giving to his very ship the name of "The Reformation!'  Lib.
No. 1, p. 224. Triumphant, for a short time, in his rebellion; he
did a great deal of injury to the proprietary.




MR. FENWICK.                    211
mate with the Rev. Thomas Copley; and often in
contact with Governor Leonard Calvert; took part
in the little engageoment of 1635, upon a tributary of
the Chesapeake, between the pinnace commanded
by Warren (the lieutenant of Clayborne), and the
two armed boats under the command of Cornwallis;' and sat in the Assembly of 1638, the earliest
of which we have a satisfactory account.2   As an
individual freeman, he had a seat also in the legislature of the subsequent year.' And few, if any,
of the original colonists were members more frequently of the legislative body.  Again: we find
him  aiding the government in the regulation of
the Indian trade with the colonists;4 and about
the same time, he reported the information he had
obtained respecting the murder of Rowland Williams, of Accomac' —a case which engaged the
1 Bozman, vol. 2, p. 35; and p. 65, where the name is written' Hemirk," but doubtless intended for "Fenwick."  The lieutenant and two of his men were killed; and one was lost on the
captain's side. Cornwallis's boats were called "The St. Helen,"
and " The St. Margaret."  Clayborne's next officer in command
was subsequently convicted at St. Mary's.
B2 ozman, vol. 2, p. 65.
3 Bozman, vol. 2, p. 103.        4 Bozman, vol. 2, p. 115.
The Report is dated May 8, 1638." See Lib. No. 2, pp. 83-84.




212                 THE DAY-STAR.
prompt attention of the governor, and resulted in
the union of Maryland with her sister colony,' in
the punishment of the YNanticokes.  In 1644, he held
a commissionership ill St. Mary's-'-an office out
of which grew that of the early county court judge.
lie was the foreman of many of the most important trial juries,' at the provincial court; the first
member of the financial committee,4 and probably the speaker, in the Lower House of the Roman
Catholic Assembly of 1649;' and, in the Protestant
one of 1650, the chairman of a joint committee 
upon the "Laws,"' including Governor Green and
Colonel Price from  -the Upper House.  The latter
part  of  his  life,  he  resided   upon  Fenwick
manor; and died about the year 1655.'  Nothing
Lib. No. 1, p. 159.
Bozman, vol. 2, p. 280.
In the case, for instance, of the Piscataway Indians already
quoted.'A Lib. No. 2, p. 489.
6 From the report of the financial committee, the only remaining fragment of the Journal, it is evident that he performed some
special or honorable service, besides that of an ordinary member.
Lib. No. 3, p. 56.
* His Will is dated "March 6, 1654."  Lib. S., 1658 to 1662,
"Judgments," Court of Appeals (in the Armory), p. 219.




AIR. FENWICK.                    213
occurs upon the record, to lessen, in the least, the
esteem to which he is so j ustly entitled as a
legislator, and a public officer; a Christian, and a
man.
IMr. Fenwick bore the name of one of the most
celebrated saints,1 in the history of the early English Church; held a tract bounded  by St. Cuthbert's Creek;  although present, did not sign thle
1In speaking of the ravages of the Danes, during the ninth
century, Sir Francis Palgrave says: "The Pagans, under Halfdane, destroyed all the churches and monasteries. The ruin of
the Cathedral of Lindisfairne, in particular, was lamented as the
greatest misfortune of the age. Cuthbert, one of the prelates of
this see, canonized by the grateful veneration of the English, was
considered as the patron saint of the North; and the island of
Lindisfairne was viewed as holy land."
In a note, he adds:-" The body of St. Cuthbert was saved
when the church of Lindisfairne was destroyed, and after many
migrations it was deposited in the Cathedral of Durham, to which
city the see of Lindisfairne was transferred (A. D. 990); the present bishops of Durham being the successors of the bishops of
Lindisfairne. The corpse of St. Cuthbert was deposited in a
magnificent shrine, which was destroyed at the time of the
Reformation."  "In 1827, a skeleton, supposed to be that of St.
Cuthbert, was disinterred by the Rev. James Rlaine. The body
had been deposited with some most curious relics of the AngloSaxon age-amongst them, the cross."  Palgrave's History of the
Anglo-Saxons, p. 124. The engraving of St. Cuthbert's cross is
on p. 142 of the History.
lcent Itoll for St. Mary's and Charles. vol. 1, fol. 55.




214                  THE DAY-STAR.
Protestant Declaration; upon the questions arising
between the two religious parties, in the Protestant
Assembly of 1650, voted with the Roman Catholic
members;' gave a legacy to each of the IUoman
Catholic priests, in testimony of his faith in the
Church of Rome;2 to say nothing of the further
evidence derived from  the fact, that so many of his
descendants are still members of the same comnunion.
In 1649, then a widower, and the father of
Thomas (who seems to have died young), of Cuthbert, Ignatius, and "Teresa;" 3M1r. Fenwick married  Jane,' the widow  of Robert Moryson  (the
name is written upon the record, indistinctly), of
See, in various places, the proceedings of the Assembly, in
1650, Lib. No. 3, Land Office; also the signatures, in the same
Liber, on p. 57, to the letter of this Assembly, intended for Lord
Baltimore.
2 By some of the early Roman Catholics (for example, by
Robert Clarke) legacies were given " to the church " —meaning,
of course, the Roman Catholic; by others, to the well known
priests, Lawrence Starkie and Francis Fitzherbert, always, either
tacitly or avowedly, in token of their faith in the same church;
and by a third class (Cuthbert Fenwick, for instance), simply
"unto  Mr. Starkie," and  "unto Mr. Fitzherbert."'  See Mr.
Fenwick's Will, Lib. S. 1658 to 1662, Judgments, p. 219.
8 Land Office Records, Lib. No. 2, p. 515.
4 Lib. S. 1658 to 1662, Judgments, p. 218.




MR. FENWICK.                     215
"Kecoughtan" County, Va.; the sister also of William  Eltonhead' (the privy councillor of Mid.), and
Richard  Eltonhead' (of "Eltonhead,"  Lancaster
County, England); and the niece of Edward' Eltonhead, one of the " masters"   of the English " High
Court of Chancery." He had issue, also, by his
last marriage; and his widow died in 1660.' The'Lib. No. 3, p. 262; Lib. S. 1658 to 1662, Judgments, p. 135;
and pp. 219-220. Also Testamentary Records, Lib. No. I., p. 94.
2 Lib. F. F. 1665 to 1669, Judgments (Court of Appeals), in the
Armory, p. 788.
I Land Office, Lib. A. B. and H., p. 165.'Lib. 5, 1658 to 1662, Judgments (Court of Appeals), p. 1; and
Lib. No. 3 (Land Office), p. 413.
6 The social and domestic life of the past constitutes the most
interesting branch of history. Mrs. Fenwick's will (see Testamentary
Records, Lib. No. 1, p. 114) sheds much light upon the subject;
enables us to form some idea of the degree of comfort in the
family of this early colonial legislator; and gives a very good
key to a bed-chamber, a lady's wardrobe, head-dress, and other
articles, in 1660. She bequeaths to her step-daughter, "Teresa,"
a little bed, a mohair rug, a blanket, a pair of sheets, and " the
yellow curtains;" her taffeta suit, and serge coat; all her "fine
linen," consisting of aprons, handkerchiefs, head-clothes, &c.; her
" wedding-ring;" her hoods, scarfs (except her " great" one), and
gloves (except three pair of cotton); and her three petticoats, one
of which is a " tufted-holland," another a " new serge," and the
third a " spangled " one. She gives to her own three children,
Robert, Richard, and John, her "great scarf," all her jewels,
"plate," and rings (except the "wedding " one); and to each of
them a bed, and pair of cotton gloves. To her stepsons, Cuthbert




216                  THE DAY-STAR.
children were Robert, Richarcl, and John.'  But
and Ignatius, she wills an " ell of taffeta;" to her negro-servant,
Dorothy, her " red cotton coat" and some " old linen;" to Esther,
her "new maid-servant," all the linen of "the coarser sort;" to
Thomas, the Indian, two pair of shoes, a matchcoat, and some
other things; to Anthumpt, another Indian, several articles of
clothing; to Thomas's mother (the " old Indian woman ") three
yards of cotton; to the Rev. Francis Fitzherbert, a hogshead of
tobacco, for five years; to William (a negro) the right to his freedom, provided he pay a hogshead every year to the church, and
continue a member; and to the church the same negro, as a slave
" for ever," if he leave her communion-one of the few cases of
individual intolerance, on the same side, in our early history, and
outweighed by a great number of instances, on the other if not,
indeed, excusable by the fact, that some of her dearest friends had
fallen by the bloody hand of the Puritans, including her own brother, the Hon. Winm. Eltonhead. Take also the following (from Lib;
No. 1, Land Office Records, p. 401) about two years before her
brother's execution. According to the testimony of Mary Jones,
it appears, Martin Kirk and his wife, with Lizy Potter, "had
found a way to pay Eltonhead, without weight or scales!"' "Hang
them!" they added, "C Papists! dogs! They shall have no right
here; for the governor cannot abide them, but from the teeth
outwards." The Vandal outruns the bigot in the case of a noted
Protestant of Kent Island, who, entering Capt. Brent's house, and
going into the "- loft," threw down the captain's books, with the
words, "Burn Papists! devils!"  This was about the time of
Ingle's rebellion. I deem it fair to add, the part of Roger Baxter's testimony relating to the books, was not reduced to writing.
But Francis Brooke, a judge of the county court, was present at
the taking of the deposition; and states the fact, in his own deposition. Lib. No. 2, p. 387.
1 See wills of Mr. Fenwick, anld his widow Jalne. I inl'cr, thlu,




MR. FENWICK.                      217
Cuthbert, his eldest son  by a previous marriage,
held, under the will, the lordship of Fenwick
Manor.  The Fenwicks of Cole's Creek, of Cherryfields, of Pomonkey, and elsewhere, in Maryland;
of Kentucky; and (it is said) of the  South  also
(including a well-known officer in the war of 1812);
are but some of the off-shoots' from  the family of
Cuthbert, the pilgrim of 1634, and the original
lord of the manor.  One of the descendants of the
early  law-giver was a member of the convention,
which  framed  the  Constitution  of the  State, in
that his three youngest sons were, on their mother's side, descendants of the Eltonheads, of Eltonhead; whose arms, according to
Burke's General Armory, are-Quarterly, per fesse indented,
sable and argent, on the first quarter three plates.
The family is so large as to render it impossible to present
even a condensed history in any but a work expressly devoted to
the department of genealogy. The following wills contain a large
body of facts:-Wills of Richard, in 1714, Lib. W. B., No. 5, p.
699; of John, 1720, T. B. No. 1, p. 339; Dorothy, 1724, W. B., No. 1,
p. 285; Cuthbert, about 1728, C. C., No. 2, p. 888; Ellen, 1737,
T. D., p. 825; Philip, 1750, D. D., No. 6, p. 183; Enock, 1758,
B. T., No. 2, p. 582; Joseph, 1758, B. T., No. 2, p. 624; Cuthbert,
1762, D. D, No. 1, in 2 parts, p. 891; Benedict, 1769, W. D., No. 2,
p. 251; Bennett, 1770, W. D., No. 3, p. 458; George, 1769, W. D.,
No. 3, p. 703; Elizabeth, 1771, W. D., No. 4, p. 347; Robert,
1774, W. F., No. ], p. 113; and Ignatius, 1776, W. F., No. 2.
p. 219.
10




918                  THEI  DAY-STAR.
1774-1776;l two held a seat in the Senate of
_Maryland;'  and  a fourth was the consul of the
United States, at Bordeaux.  MIany of them  were
priests;  one was the president of a college;  and
two were bishops."  They are also connected with
the Spaldings of St. lMary's, the relations of the
bishop  of Louisville.6   And  a living  descendant
of the pilgrim  held the post of attorney-general ---
Ignatius, of Mary's County.
2 Athanasius and James; the former closely related to the:herry-field branch, near St. Inigo's. St. Mary's County; the latter
(Col. James), the brother of the bishop of Cincinnati, and the
ancestor of the Fenwicks, of Pomonkey, in Charles.' John, the uncle of the bishop of Cincinnati; Enoch, who died
in 1827; George, late professor of Rhetoric, in the Novitiate of
the Society of Jesus, at Frederick, but now living at Inigo's; the
children of Mrs. Young, the sister of Col. Jas. Fenwick; and probably several others; have represented the family in the priesthood. John died about 1814.
4 Enock, already named, swas the president of Georgetown
College.' Edward, the first bishop of Cincinnati, and a very near relation to the Fenwicks of Pomonkey; and Benedict, the second
bishop of Boston, and the brother of President Fenwick, and Professor Fenwick. Edward died in 1832; Benedict in 1845.
The Rt. Rev. Martin J. Spalding, the present bishop of the
diocese.  See Elizabeth's will, 1771, W. D. No. 4, p. 347, for the
connection with the Spaldings.' Robert James Brent, a Fenwick on the maternal side, and the
immediate descendant of the Fenwicks of Pomonkey.




SIR. FENWICI.                  19t3
the last link' in a long chain of distinguished lawyels from  the provincial era of the I-lattons, the
Lowes, and the Darnalls, down to the days of a
Martin, a Taney, and a Richardson.
The office was abolished by the late Constitutlonal Convention
of Mfaryland.




220                 TI-E DIXY-STA.
CHAPTER XXV.
Mr. Philip Conner.
TlE time of Mr. Philip Conner9s, arrival cannot
be ascertained; but he calne about the year 1645.
Under  the  commandership  of Captain  Robert
Vaulghan, in 164:, he was a commissioner of the
Isle  of Kent; 2 sat, the following  year, in  the
Assembly, as an individual freeman "  and was the
member from Kent, in 1649.'  Authorized to issue
Vwrits, upon  the removal of the  captain, in the
month of November, 1648;' and the only one of
the commissioners retained in office, the succeeding' Sometimes spelled " Conyer." Kent Island Records at Chestertown.
2Bozman, vol. 2, p. 304.
3 Capt. Vaughan, in 1648, held 24 voices; Mr. Conner, and
Capt. Thomas Bradnox sat, simply, as freemen, without any
proxies. Lib. No. 2, pp. 293-294.
4 Lib. No. 2, pp. 488-489.
Bozman, vol. 2, p. 343.




MR. CONNER.                    221
month, by a Roman Catholic governor;' he fortunately, about four years later, escaped the censure
of the Puritan commlissioners.2   Free from  entanglements of every sort-giving  great satisfaction,
for a period of many years, by his manner of
administering justice-he was elevated, near the
close of his life, to the honorable post of coinmander of the county.3  IIis career, in every particular, was marked with discretion; and we might
suppose he was a Ronman Catholic, living in a
Protestant county.  But, while no satisfactory clew
can be found in his own words or deeds; from the
pen of a contemporary, we have the proof, that lie
was a Protestant.4
The will of this early colonist is lost.  But fiorm
his inventory, it appears, he died  about 1O60.
Judging  fiom  the same paper, he lived in a style'Upon Captain Vaughan's re-instatement. Bozman, vol. 2. p.
2 Vaughao, in 1652, was removed by the Puritan commissioners.
See the names of the commissioners sent, in Bozman, vol. 2, p. 454.
But Bozman's inference is false. They did visit the island. See
Kent Island Records, at Chestertown.
See oldest Land Records, at Chestertown.
The evidence, which is obtained from the will of Thomas
Allen, will be given, in a note to the sketch of Capt. Banks's life.




222                  THIE DAY-STAR.
superior to the ordinary level of comfort, at that
period.'  Ioe hleld " Conner's Neck," "Tile Woodyard Thlicket," and other tracts, upon Kent Island; 2
land there, lived  his descendants also, for several
generations.  It seems, there was a branch of the
fiamily in  Dorchester and  Somerset; and  hie has
probably a descendant living at Chestertown.  His
son, Philip,3  died, about 1700, upon  the Isle  of
[Kent,4 then a part of Talbot; and his grandson, of
the same name, in 1722, leaving two brothers and
three sons.>
The inventory is found in a Record of Wills. and Proceedings
in Testamentary cases, beginning in 1657. He had 120 head of
cattle, and 34 hogs; 7 feather beds, and 6 rugs; 2 pair of curtains, with valance; 2 flock beds, with 2 rugos; 3 diaper tablecloths; 18 napkins; 8 chairs; 12 wine glasses; and a great
variety of other articles.
2 Lib. No. 12, pp. 572-573.  See also Rent Roll for Queen
Anne's; for a copy of which, I was indebted, through the kind
agency of Judge Chambers, to the late HIon. William Carmichael.
Lib. No. 12, p. 572.
4 Will of Philip, 1701 (Lib. T. B. p. 350), who gives his son,
Philip, " Conner's Neck;" and to his other children Nathaniel, and
Charles,'"The Wood-yard Thicket."  Disposes also of a tract,
stuplposed to be his, on the Elk River.
5Will of Philip (witnessed by Nathanlel and Charles, Lib. A. &!).. No. 2, p. 196) gives a tract, when recovered, in Kent, near
1Morgan's Creek, in equal parts, to his sons James, Nathaniel, and




MR. CONNER.                      223
Charles. Will of Nathaniel, his brother, is found in Lib. C. C.,
No. 2, p. 150. Nathaniel names his son-in-law, Mathew Brown; his
daughter, Letitia Brown; and his granddaughter, Mary Brown.
There is also the will of John Conner, a merchant of Chestertown,
whose children were James and Isabella. He died about 1750.




224                  THE DAY-6TAR.
CHAPTER XXVI.
Mlr. William Bretton.
MR. BRETTON arrived, with his wife, Mary (the
daughter of Thomas Nabbs), and one child, within
three  years firom  the  landing  of the  Pilgrims.'
He soon afterwards held a large tracts upon
Britton's Bay;2 and many years, lived in Newtown
hundred; was a soldier at St. Inigo's Fort, at a
very critical period, in the administration of Governor Calvert;S and the register of the Provincial
Court, under Governor Green, with the power,
during the lieutenant-general's absence, to sign
writs,?' under the governor's name;"' kept some of
the most important records of the province, till the
He arrived in 1637. Lib. No. 1, p. 69.
2 In Newtown hundred, and held of the Manor of Little Britain,
and also called "Little Britton" (Rent Roll for St. Iary's and
Charles, vol. 1, fol. 24); bounded on the south by the Potomac, on
the east by Britton's Bay, on the west by St. Clement's Bay, and
partly by St. Nicholas's Creek, on the North. Lib. No. 1, p. 69.
He certainly lived in Newtown, in 1649. Lib. No. 2, p. 459.' Lib. No. 2, p. 284.       4 Lib. No. 2, p. 226; and p. 228




MrR. BRETTON.                    225
arrival of AMr. IHatton, in  1649;' and  was tlhe
clerk of the Protestant Assembly  in  1650.2   In
the legislature of 1648, he held four voices,2 three
of them  certainly4 from  Newtown; probably the
fourth  also.  And, firom  his familiarity  with the
records, as well as his general knowledge of business, we cannot but presume  he was one of the
imost influential memlbers of tile PRolnan Catholic
Assemlbly in 1649.5  Ile is also wortlly of remembrance, in  consideration  of  the  fact,  that  lihe
founded one of the first Roman  Catholic chapels
of the province 6-a chapel which was erected and
sustained by the pious members of his own church
in Newtown,7 and in St. Clement's hundred; which'Lib. No. 2, p. 418.              2 Bozman, vol. 2, p. 383.
3 Lib. No. 2, pp. 293-294.      4 Lib. No. 2, pp. 287-288.
Lib. No. 2, pp. 488-489.
6 Lib. S. 1658 to 1662, Judgments, p. 1026.
7 There is evidence, upon various Records. The deed, itself,
recites the "unanimous' agreement. And Col. Jarboe, and William Tattershall (planters upon Britton's Bay, and relations of the
R. C. privy councillor, Mr. Pile), gave, each of them, a legacy,
the former, in 1671, to the Father of "St. Ignatius's Chapel," for
the use of the "poorCatholics;" the latter. about 1670, to the
Reverend father"?' of the same chapel. See Wills, Lib. No. 2,
1674 to 1704, p. 67; and Lib. No. 1, 1635 to 1674, pp. 391-39?.
Other cases could be cited.
1CQt




THE DAY-STAR.
also bore the name of " the patron saint of Maryland." 1
A  mystery  clouds  the  latter part of his life.
About 1651, lie  married  }IMrs. Temperaince Jay.2
MAistbrtune seems soon after to have attended him;
and his' sonL "    d" daughter " received  " alms,"
at a moment of deep  distress.3   Nor can his will
be tfidund; or his posterity traced.  But there.is no
doubt whatever, he was one of the Rorncna  Cattholic
Assemblymen of 1649.  He held  a tract bounded
by St. Itillicam's Creek;4 the most striking part of
his cattle-mark (anfeur-de-lis)5 was a favorite device
I St. Michael was one of the guardian angels. But St. Ignatius
was generally regarded the patron saint. See Father White.
2 Lib. S., 1658 to 1662, Judgments, p. 336-337; and p. 1026.
3 1" There was given to Mr. Bretton's son and daughter an alms,
they being in extremity of want."  See Statement of Ralph
Croutch, at London, in 1662; Lib. B. B., 1663 to 1665, p. 22. Mr.
Croutch was one of the executors of Edward Cotton, a colonist.
4Lib. S., 1658 to 1662, p. 1026.
5 To prevent mistakes and disputes, as well as felonies (for
many of our early plantations had but few fences, and the flocks
and herds often wandered throughl thick forests, which have long
since disappeared), the law of the province required, in the
strictest manner, every colonist to register his cattle-mark.  On
p. 459, in Lib. No. 2, we find: —I' William Bretton, gent., recorded
his mark of hogs and cattle, viz.: Over and underkeeled, ye right'Pr. commonly called a fleur-de-lis; cropt ye left ear. Which is




MR. BRETTON.                      227
with the members of his church, at that period;'
his name is not among the signers of the Protestant
Declaration;' and the very phraseology, in his gift
of the church-lot, has the unmistakable marks of
his sympathy with the faith of the Romnan church,
and (independently of other evidence) is sufficient
to satisfy a reasonable mind.'
the true and only mark of ye said William Bretton."  It will he
observed, that the fleur-de-lis (or heraldic lily) differs from the
lily of the garden, in having three leaves instead of five. See
Burke.' It was a part of the mark of Doctor Thomas Matthews (Lib.
No. 2, p. 511), of Col. William Evans (Lib. S., 1658 to 1662, p. 25),
and of Doctor Thomas Gerrard (Lib. S., 1658 to 1662, p. 117). These
gentlemen were, all, Roman Catholics. See confession of Mathews,
Lib. No. 3, p. 157; will of Evans, Lib. No. 1, 1635 to 1674, p. 331;
and the faith of Gerrard, in the case of the Rev. Francis Fitzherbert, in another note. I perceive no instance, at this period, in
which the fleur-de-lis, as a part of the cattle-mark, was adopted
by any Protestant.
2 He was in the Assembly when the Declaration was drawn up
and signed. But he was not one of the signers.
S The following is from Lib. S. 1658 to 1662, Judgments,
p. 1026:
"April ye 12, 1662. This day came Mr. Win. Bretton, and
desired the ensuing to be recorded: viz.
"AD PERPETUAM REI MEMORIAM.
"Forasmuch as divers good and zealous Roman Catholic inhabitants of Newtown, and St. Clement's Bay, have unanimously agreed,
amongst themselves, to erect and build a church or chapel whither




228                   THE DAY-STAR.
they may repair on Sundays, and other holy days appointed and
commanded by Holy Church; to serve Almighty God; and hear
divine service. And the most convenient place for that purpose,
desired and pitched upon, by them all, is on a certain parcel of
the land belonging to Wm. Bretton, gentleman. Now know ye,
that I, William Bretton, of Little-Bretton, in ye county of St.
Mary's, in the province of Maryland, gentleman; with the hearty,
good-liking of my dearly beloved wife, Temperance Bretton; to
the greater honor and glory of Almighty God, the Ever-Immaculate Virgin Mary, and all Saints; have given, and do hereby
freely for ever give, to the behoof of the said Roman Catholic
inhabitants, and their posterity, or successors, Roman Catholics,
so much land, as they shall build ye said church or chapel on;
which, for theirsbetter convenience, they may frequent, to serve
Almighty God, and hear divine service, as aforesaid; with such
other land adjoining to ye said church or chapel, convenient likewvise for a churchyard, wherein to bury their dead; containing
about one acre and a half of ground, situate and lying on a
dividend of land called Bretton's Outlet, and on the east side of
ye said dividend, near to ye head of the creek called St. William's
Creek, which falleth into St. Nicholas's Creek, and near unto the
narrowest place of ye freehold of Little-Bretton, commonly called
The Straits," &c., &c.
Could not this interesting little chapel's history yet be written? The deed surely indicates, with sufficient distinctness, the
3pot where it stood. It is dated the "tenth" of November




MR. 3ROWNE.                   229
CCHAPTER XXVII.
IMIr. Richard Browne.
NOTHING is known of the ancestry, birth-place,
or posterity of Mlr. Browne; and less, indeed, of his
own immediate life, than that of any imember of
the Assembly in 1649.  A  part of the obscurity
arises from  the fact, that two persons of his name
lived here about the same period; the one having arrived about the year 1638;1 the other,
during the month of July, 1648.2 The former, it
seems, took the "oath  of fealty," " June 27th,
1647;"3 and the latter, the "' 14th of November,"
1648.'  The name of "Richard  Browne" also
appears  among the members of the preceding
1He was one of the securities, that year, upon the bond of
Lieut. Wmin. Lewis, the Roman Catholic. See Lewis's case, in
Bozman, vol. 2, p. 598.
2 Lib. No. 2, p. 458.
I Council Proceedings, from 1636 to 1657, in the Executive Chamber, p. 144.
4 Council Proceedings, p. 145.




230                 THE DAY-STAR.
Assembly; and is affixed, about a year later, to
the Protestant Declaration.2   One of them  (the
emigrant of 1648) usually had the prefix of "i.t.",
or the addition of " gentlenman."  The other, probably, belonged  to  the  class  of yeomen.'   The
former lived upon Clement's manor, the latter
part of 1649.4  The residence of the latter, during
the same year, it is now  impossible to give.  We
may suppose, the " gentleman" was the member
of the Assembly; and also one of the persons of
consideration, in the province, who signed the
Declaration. But the evidence of the Assemblyman's identity with the Protestant, is, by no means,
conclusive. The result of the investigation is anything but satisfactory.
Lib. No. 2, pp. 488, 489.
2See Declaration, Bozman, vol. 2, p. 672.
I-e rarely had either the prefix or the addition.
4 Lib. No. 3, pp. 96, 97. The plantation upon the manor was
bought (see Lib. No. 2, p. 508) "June 29, 1649;" and sold, by
"Richard Brown, gentleman" (see Lib. No. 3, pp. 101, 102),
" unto George Manners and his assigns," in the year 1651.




M.R. MiANSI ciCS.                231
CHAPTER XXVIII..Mr. George Manners.
BUT little also can be gleaned fiomi  the recorlds
relating  to  the  life  of  Mr. [Manners.   Enougllh,
lhowever, remains to warrant the  supposition, he
was a soldier in the march under Colonel Price, in
164Y,  against  a  hostile  band  of  eastern-shore
Indians;  and  we  know  lie  held  a  seat in  the'The JV'anticokes and the'icolicis. Bozman (vol. 2, p. 310)
doubts if the "expedition" ever "'took place."  That it did, is
evident. "Jas. Lindsay, at ye request of Capt. Jno. Price, saith
upon his oath, that Lieut. Wm. Lewis was the first man, that drew
sword, and entered the house, pulling the mat from off the house;
and brought forth out of the house an Indian woman, and a child;
delivering her to the guard, at ye march on ye Eastern shore,
sometime in July last; and further he saith not. George nManners deposeth the same, and addeth further, that at the entering
of the house, Lt. Lewis gave the word'Give fire.' And an Indian
bolting out of ye house, the said Lt. Lewis commanded his party
to give fire upon the Indian also. And when both parties came
together, Capt. Price commanded the whole party to march, and
bid them not to wrong, or take any thing from any Indian, or
shoot at any Indian. And so they marched near upon two miles




32                   T'IlE D.AIY-STAR.
Assembly of the p)rovince, during the years 1649'
and 1650.2-  We have also the evidence of the fict,
that lie vvas a Romnan  Catholic.  Present at the
signing  of the Declaration, he did  not affix  his
nlaue.  Upon the test questions of 1650, lie acted
Nwith  thle Romian Catholic menm-bers of the Asse1mbly.'  And  lie gave  a legacy  to  the church, of
whichl  lie was  a   cmemn-iber.  IIe  died  in  1651,"
leaving  hlis  sons William   and  Edward, and  his
daightllter  arbara.
back again, not shooting any gun. But the Indians, gathering
in great companies about our men, shot a man of ours in the rear.
And then Capt. Price commanded the company to give fire; and
not before. Walter Gweast deposeth idem ad verba."  See Lib.
No. 2, pp. 306-307.'Lib. No. 2, pp. 488-489.
2 Lib. No. 3, p. 47.
See, for the sake of illustration, Bozman, vol. 2, p. 389; and
Lib. No. 3 (Land-Office Records), p. 57.
4The possessions of our forefathers, besides their lands and servants, consisted chiefly of flocks and herds. -"I give and bequeath
to the church one red cow-calf."  See will of Mr. Manners, Lib.
No. 1, 1635 to 1674, p. 32. "Church," without an express declaration to the contrary, always, during that period, signified the
Roman Catholic. And the gift was in token of the testator's
faith. See (ex. gra.) the wills of the well-known Roman Catholics,
Robt. Clarke, and Barnaby Jackson. See also, on the other hand,
the note to p. 235 of this volume.




CAPT. BANKS.                  233
CHAPTER XXIX.
Captain Richard Banks.
ASSUMI'NG, that Captain Banks was one of the Protestant members of the Assembly in 1649; we are
struck with the magnanimity, which subsequently
marked his career. Of his ancestry, nothing is positively known; and it is doubtful if he left any descendants. But we are informed of the fact, that he
married M]argaret Hatton, the widow of the secretary's brother.'  IIe arrived in 1646.2  His house
was  robbed  by  Ingle's  accomplices;  and he
arcrested, about the same time, five Indians,4 who
were suspected of "felony," but soon afterwards
tried and acquitted.  In the Assembly of 1648, he
represented twenty-four freemen;5 and we know,
Lib. No. 1, p. 440.
2 Lib. No. 2, p: 458; and Lib. A. B. and H., p. 15.' Robbed of tobacco sold to Capt. Cornwallis. Lib. No. 2,
p. 303.
4 They were Patuxenlts. Lib. No. 2, p. 343.
5 On the 20th of January (O. S.) he held, from New-town,




234                   THE DAY-STAR.
he sat in  the same body, during  the year 1649.'
In 1652, he held the responsible. post of a councillor, under the sway of the Puritans;   yet in 1655,
lhe was on the side of Governor Stone. Satisfied of
the purity  of his intentions, the victorious party,
within a few months after the battle,, gave him  a
discharge;   but the  following  October  (having
" done  something"  offensive  at the  election  of
burgesses), he was required to give security for his
"good  abearance."4  From   all, that can  now  be
ascertained, we have reason for the belief, that his
character was in  the  highest degree  estimable.
IIis  pledge for' the  redemption, from   captivity,
of an orphan child, is honorable to his memory;"
" 19 proxies " (Lib. No. 2, pp. 287, 288); and, on the 28th of the
same month (p. 293, 294), " 24 voices."
Lib. No. 2, pp. 488, 489.
2 Bozman, vol. 2, p. G681.
"' Lieut. Richard Banks and Thomas Tunnell, being found in
arms against the present government; and pleading they were
misled by the protestation of Capt. Stone, who said, lie had power
firom the Lord Protector; and also did surrender a fort upon the
first suinnmons; are discharged from  further trouble, in the
a.ction, upon their submission, and good forbearance to the present
government."  Lib. No. 3, p. 138, Proceedings of the Provincial
Court, April Term, 1655.        4 Lib. No. 3 p. 156.
" An order wvas passed by the Assembly for the ransom of Thos.




CAPT. BANKS9.                    235
and illustrates a trait, for which he seems to have
been  distinguished.  HIis acceptance  of an  office
under  the  Puritans, suggests  the  idea  that lie
was a  Protestant; but his subsequent sympathy
with the government of the proprietary, and the
part he took in the  contest of 1655, would  render
the supposition extremely doubtful.  A  colonist of
his surname (probably his. son), was unquestionably
a member of the English church;1 and this fact
strengthens the opinion, that the Assembly-man of
1649 held the  same faith.  But the probability is
weakened  by  the further fact, that the name of
I3ANKs  occurs very  frequently upon  the records;
Allen's two children; and they were required to serve the persons
who might advance the money. But on "the 15th of September,
1350, lieutenant " (subsequently captain) "Banks freely engageth
himself to satisfy the 900 pounds of tobacco and cask, for the
redemption of Thomas, the son of Thos. Allen, deceased; according to the order of the Asscemly for that purpose; without any
consideration of servitude, or any other consideration whatever.
but his free love, and affection. Witness his hand, ye day and
year abovesaid.  Richard Banks."'  See the Assembly's Order
(Lib. No. 3, p. 42-43) for the payment to the Indians  and Capt
Banks's Engagement, Lib. No. 3, p. 26.
"D;' eclaring myself hereby to be a Christian, and to hold the;
Catholic faith, as it is established by the canonical doctrine of the
Church of England, into which I was baptized.,"  Will of Thos.
Bankes, in 1684, Lib. CG. p. 126. Cathlolic is, here, expressly defined




236                   THE DAY-STAR.
and that many who bore it, were not at all related
to  each  other.   Accident, ]lowever,  sometimes
rewards  the  diligence  of the student.  From  an
incidental source, we have the proof, that Captain
Banks was a Protestant.'
"' Now for the disposal of my children," says Thos. Allen, " I
would not have them live with any Papist. For my eldest son,
Thomas, if he pleases to live with one of the overseers of this my
will; he may, during his pleasure." Capt. Banks was one of the
overseers. See the Will, Lib. No. 1, 1635 to 1674, p. 15. In the
same paper, he suggests to his overseers to offer another son to
Mr. Phil. Conner, who had expressed a desire to adopt one of the
children. The will is dated in 1648; and written, under great
anxiety, from an apprehension of violence, or some other cause.
The next thing, we learn, is the captivity of his orphans among the
Indians  He was an Assembly-man in 1648.




Mi. MAUNSELL.                 237
CHAPTER XXX.
Mr. John Maunsell.
Mn. 1M-AUNSELL'  arrived, as early as the year
1637;2 and lived in St. Clement's hundred in
1642.2  It would seem, his residence about ten
years later, was in the same part of St. Mary's
county;4 and either there, or in the adjacent hundred of Newtown,1 we cannot but suppose, he may
be traced, during the year 1649, when he held a
seat in the General Assembly of the province.  He
did not take up many tracts of land; and all his
possessions were indeed rather small; but he is
generally styled  " planter"  upon  the  records.
And, while his name is not often connected with
important events in our early history, yet surely
1 Spelt also "Mansell."'
Lib. No. 1, pp. 68-69.' Records of the Executive Chamber, Proceedings of the Assembly, Lib. 1637 to 1658, pp. 209-215.
4 Lib. B. B., 1663 to 1665, Judgments, pp. 153-154.
Lib. A. B. and H., p. 167.




238                  THE DAY-STAR.
two incidents demand a notice-the plunder of hlis
house by Ingle's piratical party 1-and his relationship towards the memorable  Assembly  of 1649.2
The evidence of his faith in the Roman  Catholic
church, is purely  circumstantial, but not the less
conclusive or satisfactory.  The inference is drawn
firom  the absence of everything (so far as his life
can now  be illustrated), like the least taint of disloyalty toward the proprietary; from  the historical
traditions  connected  with  the  name of'l][aunsell; "3 friom   the  faith  of the  gentleman, under
1"John Maunsell maketh oath that about five years since
(when Richard Ingle, mariner, and his accomplices, plundered
divers of the inhabitants of this province of Maryland) divers persons of his, the said Ingle's party, plundered and took away from
this deponent's house, in Maryland aforesaid, one hogshead of
tobacco, which then had been paid, and belonged to Mr. Cuthbert
Fenwick, or to Capt. Thos. Cornwallis; and that John Rablay, of
Virginia, was then in company of them that so plundered and took
away the said tobacco; which Rablay was one of them, that was
most active and busy in employments of that nature.
"Jurat, 5 die November, 1649, coram me,
Lib. No. 2, p. 524.                       "THos. HATTON."
2 Lib. No. 2, pp. 488, 489.
a The name of one distinguished, but fifty years later, in the
Roman Catholic missions of Maryland. The records are lost, and I
cannot trace the relationship; but presume he was a member of
the same family. Thomas was his first name.




MR. MAUJNSELL.                   239
whose  special care, and  immediate  auspices, he
came to BMaryland;   from  the year of his arrival,
so distinguished  for the large number of iRoman
Catholic  emigrants,2 and  so near the landing  of
the original Pilgrims at St. AMary's, as to warrant
theperesaomptionr (apart from  other reasons), that ]he
was a disciple of the same church; from  the hostility  manifested  (chiefly, indeed, toward  Captain
Cornwallis, but  partly, also, we  may  suppose,
against himself) by  the Catholic-hating,  Puritan
pirate;' from   the  well-known  Roman  Catholic
prefix  to  a  tract surveyed  for him;  from  the
absence of his name (a fact of very great weight)
from  a Declaration signed by so many of the most
prominent Protestants, including (it would seem)
some of his neighbors;  but especially  from  the
1 Mr. William Bretton, the Roman-Catholic Assembly-man of
1649. See Lib. No. 1, pp. 68-69.
2 The Rev. Thos. Copley, Messrs. Wm. Bretton, Luke Gardiner,
Thos. Mathews, John Lewger, and the members of AMr. Lewger's
family, were some of the Roman Catholics, who came in 1637. Seec
Lib. No. 1, pp. 19-20.
2 See Mr. Maunsell's preceding deposition.
4 "St. John's," consisting of 100 acres, on the west side of
Britton's Bay, was surveyed for Mr. Maunsell in 1649. Rent-Roll
for St. Mary's and Charles, vol. 1, fol. 26.
1 In Lib. B. B., 1663 to 1665, Judgments, and on pp. 153-154i




240                  TIME DAY-STAR.
faith of Colonel William Evans,' the administrator
upon his estate, and the guardian of his orphan
son2 (a point, upon which our ancestors betrayed
the keenest sensibility),' as well as the god-father
of his supposed  daughter.'  No fact, in his life,
there is a certificate of Doct. Thos. Gerrard's election, in 1652, to
the House of Burgesses, over the signature of thrrty-seven freemen, including Mr. Maunsell. Some of them had signed the Protestant Declaration. If Mr. Maunsell's neighbors could affix their
names, why was not he, also, a signer?
1 See Will of Col. Wm. Evans, the Roman Catholic, Lib. No. 1,
1635 to 1674, p. 331-332.
2 Mr. Maunsell, it would seem, died about 1660, without a will.
And his son John, then in his seventeenth year (in conformity, we
may presume, with the faith of the family), " made choice of Capt."
(subsequently Col.) " Win. Evans, for his guardian;" who immediately afterwards received instructions from the Court, to "take
out letters of administration." See Lib. S. 1658 to 1662, Judgments, p. 343.
3 So great was the anxiety manifested by our ancestors upon this
subject, that in some cases they provided, even in their wills, for a
change of the guardian, upon his adoption of a different faith from
that held by the testator.
4 No freeman, or gentleman, who bore the name of Maunsell, had
lived here, but the Assembly-man and his son; and from the relationship also of Col. Evans-the godfather of the one (see his will)
and the guardian of the other child-we infer, that Mary was the
sister of John, and the daughter of the emigrant of 1637. In an
age of so much earnestness, we cannot believe that a Protestant
would allow his child to be baptized by a Roman Catholic priest;
or that a Roman Catholic would become the sponsor for an infant




MR. MAUNSELL.                 241
weakens the inference; but everything, that is
knowvn of him, confirms and sustains it. Even if
he were a Protestant; or we suppose, he was a
delegate, either from St. Clement's, or from Newtown; he could still but represent the sentiments
of the Roman Catholic party. Nearly all the
inhabitants of the former hundred were the tenants
of Doct. Gerrard; or the suitors before the courtleet and the court-baron held upon St. Clement's
manor.  For nothing was the latter more noted,
than for the great number of its Roman Catholics.
receiving the sacramental rite from a Protestant. How natural,
then, is the supposition, that Col. Evans, and the Assembly-mar, of
1649, were members of the same church!
11




242                THE DAY-STAR.
CHAPTER XXXI.
Mr. Thomas Thornborough.
THERE is sufficient evidence to prove the iden.tity of "Thomas" with "3Mr. Thornborough," the
Assembly-man of 1649' —to say nothing of the
fact, that he was the only person of his surname,
in the province, during that period. The first
glimpse, we have of him, relates to the right, he
held to "Mr. Neale's Plantation," the same, I presume, as "Wolleston "'  (itself a corruption  of
"'Woolstanton"') Manor, surveyed in 1642, near
the mouth  of the Wicomico,4 for Capt. James
Neale, the privy councillor of Maryland, and the
In some parts of the record, he is styled " Mr. Thornborough;"
in others, relating to the same transactions, " Mr. Thomas Thorn.borough."
2 Rent Roll for St. Mary's and Charles, vol. 2, fol. 283.
X The name of a town in Staffordshire.
4 Lib. A. B. and H., p. 95.




MR. THOIRN130ROUGE.                  243
ancestor of the second archbishop' of Baltimore.
From some expressions in the deposition of Col.
Jarboe, it would seem, he soon afterwards manifested a sympathy  for Capt. Ingle, or the  other
enemies of the government.2 But his offence is
nowhere stated; we know but little, if anything,
of its nature; although it is highly probable (looking at the subsequent Act of the Assembly) that the
original ground  of hostility had reference  rather
to the subject of a land-title than to the rightful
authority of Governor Calvert.3  It is certain that
1 The most Rev. Leonard Neale, who died in 1817.' The depositions of Col. Evans, and of Col. Jarboe, are of the
same purport. " John Jarbo deposed, saith, that being at Kicetan,
Mr. Calvert sent this deponent to Mr. Thornborough, to desire him
to meet him at York, and speak with him; and bid this deponent
tell ye said Mr. Thornborough, that he should not fear any thing,
what had passed in former times, and that ye plantation (meaning
AMr. Neale's plantation, as this deponent believeth), or any thing
else that was formerly his (to wit Mr. Thornborough's) in Maryland, he would confirm it unto him. And, upon this, the said Mr.
Thornborough came up with'Mr. Calvert. And further, meeting
him, the said Mr. Calvert, at York; he, the said Mr. Calvert, took
him, the said Mr. Thornborougb, by the hand, bidding him welcome; and, in this deponent's hearing, forgave him; and spake
the former words of gift, or such like, to him."  Lib. No. 2. p. 286.' In case of Mr. Thornborough's attainder, or the forfeiture of a
fee-simple title, the manor would have become, not Capt. Neale's,




e- L                  TIlE DA~-STAIZ.
a cordial understanding was re-establislled betweeC
the governor and himself, while they were  both in
Virginia; that they  returned  to  Maryland; that
the latter aided the former ill the defence of Fort
St. Inigo's,  as  well  as  the  overthrow   of  the
rebels;' and that he was the object of the  most
but the proprietary's.  WVhy should the legislature find i neccesary
" to stand betwixt " the grantor and the grantee, except upon the
eaupposition of a controversy, iwhich had involved, first, the captain
and then the governor, before the meeting in Virginia? "Whereas
it appeareth, that Nathanial Pope, attorney of MIr. James Neale,
by virtue of his letter of attorney, gave unto Mr. Thos. Thornborough the plantation, which was formerly ye said Mr. Neale's, to
enjoy for ever, upon condition yt he would come into the country,
and scat upon it. And whereas likewise there are divers depositions upon record, how that M:r. Calvert, late governor, did confirm
what was formerly belonging to the said Mr. Thornborough, in
3Maryland, before his last coming into the province to reassume
the government; and did give the said plantation unto the said
Mr. Thornborough. We, the freemen assembled in this General
Assembly, do generally and unanimously bind ourselves, to save
ye said Mr. Thornborough harmless; and to stand betwixt the said
Mr. Neale and him; whereby he, the said Mlr. Thornborough, may
go upon the said plantation, and enjoy the same."  See Legislative Proceedings of 1648, Lib. No. 2, pp. 295, 296. The conveyance from Capt. Ncale's attorney to Mr. Thornborough is not,
indeed, upon the. record; and it is impossible to say exactly what
sort of title was transferred.
1 For his services at St. Inigo's Fort, Governor Calvert gave
him a "horse."  Lib. No. 3, p. 43.




MR. TIIORNBOTROUGII.                 245
bitter hate on the part of the Protestant enemies
of the proprietary.'  He also sat in the Assemblies
of 16482 and 1649.2 Considering the period of our
provincial history, when questions of a religious character formed the most important element in the
composition of political parties; we do no violence
to the evidence still accessible, in at least presuming,4 he held the same faith as the governor and
1 Col. I rice, Mr. Thornborough, and Thos. iebden, were specially " aimed at, and their deaths vowed," by the enemies of the
government. Observe the hostility of Gray, as we find it, in the
testimony of Edward Thompson, of Virginia, taken before the
government of Maryland, the " 18th January, 1646," O. S. " This
examinant saith, that being at his house in Chickacoan, on Wednesday last, one Samuel Tailor, coming into the house, and being
asked by this examinant, what was abroad, replied:-The speaker
(meaning Francis Gray) had spoke once again; and that they,
that were the chief cause of entertaining the present governor,
were aimed at, and their death vowed (meaning Capt. Price,
and Thornbury, and Hebden); but that there was a party, that
would go over from this place (meaning Chickacoan), so soon as
the governor is gone to Kent, or where else they can get an opportunity to go over; and would fire, and burn, and destroy; all, that
they can." Lib. No. 1, p. 210.
2 In the Assembly of 1648, he sat simply as an individual freeman. Lib. No. 2, pp. 293-294.'Lib. No. 2, pp. 488-489.
Nothing is more reasonable-a presumption not rebutted (as
it is in the case of Col. Price), but greatly confirmed, with regard




246                  THE DAY-STAP..
the proprietary.  Nothing is known of his family,
or the time'of his death; but it is not unlikely, he
was a relative of Capt. Neale, the Roman Catholic
gentleman, who "gave" him  the plantation.
to Messrs. Thornborough and Hebden; for neither of them signed
the Declaration, although the former, having business at St.
Mary's (see Lib. No. 3, p. 43), probably went to the very spot,
where that paper was drawn up. Of the latter's faith there is no
doubt. See his deed to Messrs. Nicholas Causin, Barnaby Jackson,
and Luke Gardiner, for the use of the Rev. Thos. Copley, and his
" successors," Lib. No. 2, p. 533. I may also add, that the supposition of two Roman Catholics out of three colonists comes nearer
to the ratio of the former to the whole population.




MR. PEAKE.                      24
CHAPTER XXXII.
Mr. Walter Peake.'
IT still remains for us, to notice the life of
another Assembly-man of 1649; but one upon
whose memory, is cast the shade of sin and shame;
whose fate it was, under the stern laws of that
period, to look forward, as the consequence of his
own deed, to the forfeiture of all his lands,2 and to
the beggary of his children; and, about the sixtieth
year of his age,3 to suffer a felon's death.4   The
time of his arrival is not exactly known; but it is
probable, he came in 1646;  and that, in 1648 and' Spelt also Pake.
2 " Considering the miserable condition of the' orphan," " who
no way siaared in the guilt of the parent," the proprietary subsequently gave a new patent for St. Margaret's, to Margaret, the
daughter of Mr. Peake, and the wife of John Noble. Lib. No. 17,
p. 98.' In January, 1664, he was fifty-five. See his deposition, Lib.
B. B., 1663 to 1665, Judgments, p. 262.' The patent to Mrs. Margaret Noble recites his execution.
H6  e brought his son, Peter, during that year. Lib. No. 2, p. 523.




248                  THE  DAY-STAR.,
1649 (when lhe sat in  the Assembly,' apparently
one of the most respectable  nemlbers), he resided
in Newtown  hundred; as lie certainly  did  soon
afterwards,2 and for a period of  itmany years later.
From  his association with Governor Calverlt,3 we
cannot doubt the sincerity of his attachment to the
proprietary's government.   There is also further
evidence  of his  faith  in  the  Roman  church,
derived  from  the fact, that he did  not sign the
Protestant Declaration; from the composition of
the jury, which tried his painful case; from  his
intimacy with many of the noted members of
the Roman church,5 from  more than one of whom
1 Lib. No. 2, p. 288, and p. 488.
2 Lib. No. 3, p. 100; Lib. No. 4, p. 11; and Lib. F. F. 1.665 to
1669, Judgments, pp. 651-656.
3 Iozman, vol. 2, p. 640.
4 If Mr. Peake were a Protestant; and the rule, in the cases of
Robt. IIolt and Parson Wilkinson, observed; the jury, in his case,
would have been of the same faith. It seems, however, it was not
a pure, but a mixed one. See, e. g., the will of the juror, Raymond
Staplefort, Lib. G. p. 265. " And so," says he, at the end of that
paper, " I rest in God, and all his saints, and angels. Amen."
Roman Catholics, it seems, never asked for a jury of their own faith.
6 He was intimate with Philip Land, John Jarboe, Thos. Mathews,
and James Langworth. See Lib. No. 2, p. 449, and p. 372; Lib.
No. 1, p. 5(G2; and Lib. No. 3. p. 201.




MR. PEALKE.                     249
did his children, at different times, receive those
gifts, which  it was so much  the practice  of the
early  colonial god-fathers to  present;' from  the
well-known  Roman  Catholic  family  of Peake,
living in St. lMary's, as late as the American Revolution, whose  ascent  indeed  cannot be  clearly
traced  (such  has  been  the  destruction  of our
records), but who, we have  but little ground  to
doubt, were either  his  lineal or his  collateral
descendants; from  the  names given  to his children; and from  the marks borne by the tracts, he
had  taken  up.  His eldest daughter was named
after the Virgin Mother; his son, in remembrance
of him  who is regarded as the chief of the Apostles, and the founder of the universal primacy of
the Roman  see.   Tile names2 of his wife, of a
1 See the gift from Col. Jarboe, Lib. No. 2, p. 372; and the one
from Thos. Mathews, Lib. No. 1, p. 562. Doct. Mathews was probably the god-father of fMr. Peake's son.
2 His wife was named Frances.  Anne Peake was either his
daughter, or his daughter-in-law. I am inclined to think, there
were two persons of that name, besides his other children, Peter,
Mary, and Margaret. *Richard Lawrence gave a legacy to one of
his children. See the will, Lib. No. 1, 1635 to 1674, p. 65. For
the names of his wife and children, see Lib. No. 2, p. 372; Lib.
No. 17, p. 98; Lib. No. 29, p. 523; Lib. 1B. BIc 1663 to 1665, Judg- 1-;'- *




250                  THE DAY-STAR.
second daughter, of a third member of his family,
and of a firiend, were, each of them, given to corresponding  tracts, all of which had the prefix of
St.'  More estates were surveyed for him, with the
Roman Catholic mark, than for Governor Calvert,
for Capt. Cornwallis, for Mhr. Lewger, for Doctor
Gerrard, or for any other Roman Catholic colonist
in the whole province of Maryland.' The evidence
is conclusive.
ments, p. 226; Lib. No. 1, 1635 to 1674, p. 473; and Lib. No. 14,
p. 82. Margaret was married to Henry Aspinall.'St. Frances, St. Margaret, St. Lawrence, and St. Peter's Hill
were,.all of them, in Newtown hundred, St. Mary's County; St.
Anne's was in Charles. See Rent-Rolls. He lived upon St. Lawrence, at the time of his trial.
2 In counting the tracts taken up by Mr. Peake, I include St.
Anne's, surveyed, not for him, but for Ann. Excluding that tract,
his number equals Mr. Lewger's, or that of any other colonist.
For Gov. Calvert were surveyed the manors of St. Michael and
St. Gabriel; for Capt. Cornwallis, St. Elizabeth, and West-SaintMary's Manor; for Mr. John Lewger, St. John's Freehold, and St.
Anne's, in St. Mary's, and St. Barbara's, and St. Thomas's in
Charles; for Doct. Thos. Gerrard, St. Winfred, and St. Clement's
Manor, in St. Mary's; for Thomas Simpson, three tracts, with the
prefix, in Charles; for Thos. Mathews, two, in the same county;
for Luke Gardiner, St. John's, and St. John's Landing, in St.
Mary's; for Col. Jarboe, St. John's, in Charles; for Mr. Clarke,
the privy-councillor, St. Lawrence, and St. Lawrence's Freehold,
in St. Mary's; and for Mr. James Lindsey, St. James's, St. Thomas's,




MR. PEAKE.                     251
At St. Mary's city, in the month of December,
during the year 1668, sat the high Provincial Court
of the Right Honorable Cecilius, the  lord  proprietary. Charles Calvert, the governor, subsequently the third baron of Baltimore, was the
chief justice. Before the bar of this tribunal,
appeared this Assembly-man, indicted for the
murder of William Price,' by piercing him, with
a   sword," "on the left," " through, to his right
side, under the shoulder;" and then cutting his
"throat," to "the depth of three inches."   His
plea (the usual one in such cases) was Not G]uilty.
Thomas Sprigg2  was the  chief member of the
grand jury; and Christopher RowsbyS (destined,
St. Philip's, and St. James', all of them in Charles-and two
having the same name-four being the highest number, with the
Roman Catholic index, taken up by any one, excepting Mr. Peake;
for whom, I am inclined to think, St. Anne's also was originally
surveyed (although the certificate cannot now be found), making a
fifth.
"By force and arms"-" feloniously, and of malice forethought " —" contrary to the peace of his said lordship, his rule,
and dignity,"'-are the words used in the indictment.
2 A near relation of Gov. Stone, and the ancestor of the Spriggs
of Calvert, now of Prince George's County.' Stabbed in 1684, by Col. Talbot, the deputy governor. See
Thomas's Lessee v, Hamilton, I Harris and McHenry, p. 192.




252                  THE DAY-STAR.
himself, many years afterwards, to die by the hand
of violence), the foreman of the panel summoned
to try the case.  No technical objection is made to
the indictment; no attorney appears on the prisoner's behalf; no testimony is offered in his defence;
no witness for the proprietary, in any way, crossexamined.'  The jury retire; but soon return with
their verdict.  Asking the court to say, whether
the deed was manslaughter, or murder; they find
he " is guilty of the death," but "  was drunk" at
the  time, and  knew2 not "what he did."   He
addresses no appeal to the sympathy of the
judges; he submits no objektion to the form of
Respecting the governor's flight to Virginia, his conviction there,
and subsequent retreat to a cave, in Cecil, near the Susquehannah,
where he was fed for a long time by the falcons, a strange and
somewhat interesting legend has also been preserved.
I write from the record of the case. We have no knowledge
whatever of any cross-examination.
2 The verdict:-" IWe, the men of the jury, sworn upon the trial
of the life and death of Walter Peake, do return our verdict
specially in manner following: That Walter Peake is guilty of
the death of WVm. Price, by wounding him, in several places of the
body, whereof he died; that Walter Peake was drunk, and did not
know what he did, at the time of committing the fact aforesaid.
Therefore, if the court are of judgment, that it was murder, then
the jury do find it murder; but if not, then the jury do find it
manslaughter."  Lihb. F. F. 1G65 to 1669, Judgments, pp. 651-656.




MR. PEAKE.                 253
the verdict; but still remains in silence. "The
whole bench, then," decide, he is guilty of "' murder."   But neither against the decision of the
court, nor the impending sentence of death,
does he utter a word. Once, and once only, did
he open his mouth.  It was the moment after the
sentence. Then, he " desired," as a favor (and the
request was not denied), that " he " might " sufler
death before his own house, where he " had " committed the fact."  Thus perished and passed away,
upon the gallows, in the spirit of a Catholic penitent, after a life of toilsome, heroic sacrifice in the
wilderness, one of the men so honorably connected
with the most sublime and magnificent conception
of the seventeenth century! Po~pe Alney was the
name of his executioner'-the only fact, which
gives him a claim to any place upon the page of
our country's history.' Convicted of cow-stealing-but the subject of a respite,-" several persons" having, "upon their knees," begged his " life " of
the governor. See the last-named Liber.




254             THE DAY-STAR.
ClI APTER  XXXIII.
Conclusion.
THE result is before the reader. A word will be
added, upon the general spirit, which distinguishes
the era of Roman Catholic toleration.
For the purpose of depriving the IRoman Catholics of the honor, to which they are so clearly
entitled, skepticism has often united with bigotry,
in the feeble and inglorious attempt to overthrow
the facts of external history. It has not stopped
there. Admitting, for the argument's sake, the
accuracy of the preceding narrative; it has been
busy in suggesting, with a cold-blooded malignity,
a variety of imaginary reasons for the policy
adopted by the proprietary. It goes upon the
assumption, that man is mean; that he has no
generous, or noble spring of action. Representing
a philosophy, which ignores not only the charity
of the Gospel, but the very life and soul of history;




BIGOTRY UNITED WITHI SKEPTICISM.   255
it never records the performance of a good deed,
without the assignment of a bad motive. And it
has been sometimes asserted, but more frequently
insinuated-insinuated, also, in the most crafty
and sly manner —that the Calverts were actuated
by considerations of a selfish sort-that the fear of
offending the Anglo-Catholic king at one time,
and the Puritans of England at another, was the
real secret of the policy, for which they have been so
much commended-and that, in giving the invitation to Christians of every name, less regard was
felt for the bona fAde principle of religious liberty,
than for the purse of the proprietary, or for the
success of an experiment conceived, and executed
in the spirit of a mere money-making adventure!!
Policy, indeed, of an enlightened and honorable
sort, has always been one of the elements of a good
government. It is also admitted, that the province of
Maryland grew, both in population and in resources,
during the sway of the first, and of the second
proprietary. A course of honor is not at all times
attended with disaster; virtue is sometimes rewarded, even in this world; and a liberal principle
of governlmient is not necessarily unsuccessful, in




256             TIIE DAY-STAR.
its practical or commercial results. Is nothing due
to the memory of Washington, for spurning the
vain and visionary offer of a crown? Does a
gentleman regard his honor, in a purely utilitarian
light? Do the daughters of America, in protecting the purity of our hearth-stones, consider merely
how impolitic is the sin, which leads them so
swiftly to the chambers of death?  Or was
MIamimonism, under its thousand forms, either of a
gross, or of a refined sensualism, the all-pervading,
universal genius of society, two hundred years
ago?
The truth is, the ingenuous student is rather
surprised at the small extent, to which the principle
of a mere self-loving policy was carried. There is
no doubt whatever, that the early Roman Catholics of Maryland were heartily opposed to the
political party represented by the Puritans. Nor
were they afraid to manifest their opposition. We
have two memorable instances.  They opposed
them by a proclamation, in favor of Charles the
Second, within twelve months after the passage of
the Toleration Act. And they bravely, though
unsuccessfully, fought them, at the battle near the




SPIRIT OF TIlE EARLY ROMAN CATIIOLICS. 257
Severn in 1655. The governor, who issued the
proclamation, had been a leading member of the
Assembly in April, 1649.  I{e was a Roman
Catholic, it will be remembered; and a fair exponent of the views of the Roman Catholic party,
on the question, which then divided the English
nation at home. IIis councillors, also, had been
in the same Assembly. And however impolitic
may have been the course of Governor Green,' his
very want of policy is the strongest evidence of
the fact, that the administration of the proprietary's government was not shaped by any very
great fear of the Puritans.
The most remarkable view  of the whole era
arises from the stability of the principle, the uniformity of the practice, and tile unwillingness of
the government to run to extremes in either direction. The case of Lieut. Lewis called for the
prompt interposition of the governor; for the rule
was plain. Equally plain do we find it, under the
articles filed against Father Fitzherbert. Notwithstanding his indiscreet zeal, no respectable court
Thomas Green was the acting governor, the latter part of
1649. SQe Bozman, Addison, and other authorities.




258               THE lDAY-STAR.
could hlave given judgment in favor of the prosecution.  But how easy would it have been for a
class of time-serving politicians to pass such a sentence, as might gratify the colonists, in the midst
of their clamor.   Considerations of policy, also,
were then urged, but without avail, upon the proprietary.
Cases enough have been cited, upon the preceding pages, to show also (what is the most interesting fact in the whole of our provincial history),
that freedom of conscience existed, not only in the
legislation, but also in the very heart of the colony.
It prevailed for a period of nearly sixty years; a
real, active principle; and the life-guidance of
many thousands. Cases of individual intolerance
always produced a sensation'-the best proof, in
the judgment of the historical critic, that they
formed, not the rule  itself; but (to  borrow  a
popular expression) the very exceptions to it.
Let not the Protestant historian of America give
grudgingly.  Let him  testify, with a warml  heart;
and pay, with gladness, the tribute so richly due
See Depositions, in the case of Father Fitzherbert, and other
cases already cited; also note upon the will of Mrs. Fenwick.




THE INHERITANCE.             259
to the memory of our early forefathers. Let their
deeds be enshrined in our hearts; and their names
repeated in our households. Let them be canonized, in the grateful regards of the American; and
handed down, through the lips of a living tradition, to his most remote posterity. In an age of
cruelty, like true men, with heroic hetrts, they
fought the first great battle of religious liberty.
And their fame, without reference to their faith,
is now the inheritance, not only of Maryland, but
also of America.








APPENDIX) NO. I.                   261
APPEND IX.-No. I.
EMIGRANTS FROM  ENGLAND.
See Note 1, ante, p. 81.
THE lion. Winm. Burgess, the leading colonist upon South River
(see ante, pp.72-73), probably from Marlborough. in Wilts, arrived
in 1650; and, at various times, transported about one hundred
and fifty persons, including the forefathers of several of the most
distinguished families now living in this state. He was himself,
through his son Charles, the ancestor of the Burgesses of Westphalia; through his daughter Susannah, of the Sewalls of MattapanySewall, closely connected with the family of Lord Charles Baltimore; through his grand-daughter Ursula. of the Davises of
Mount Hope, who did not arrive from the principality of Wales,
before the year 1720; and, through a still later female line, of the
Bowies of Prince George's, represented by Doct. Bowie, of UpperMarlborough, in 1853.
Many, also, of the distinguished families of Kent came, about the
year of Col. Burgess's arrival. The few only which can be named
here, are the Ringgolds of Kent Island, now so honorably represented, as they have been for many generations (see note 2, ante,
p. 194), by a large number of branches; the Hynsons, who also
have many descendants, including two families quite remote from




262                   THE DAY-STAR,
each other, at Chestertown, and in other parts of this state; the
Dunns, who are now extinct everywhere in America, so far as
I can ascertain, in the male line, except the branch represented by
James L. Dunn, Esq., of Reading, Pa.; and the families of Wickes
(see note to p. 79, also pp. 93-94), and of Leeds —the former
having removed from  Kent Island, at a very early period, to
Eastern-Neck Island (where also is a descendant), and at present
represented by Col. Jos. Wickes, of Chestertown, and by many
other descendants-the latter also having left a large posterity in
Talbot and elsewhere, related to several of the most prominent
historical families of Maryland.
The Stones of Poynton Manor (see ante, p. 178), the ancestors
of the signer of the Declaration of Independence, arrived in 1649;
the forefathers of Charles Carroll, of Carrollton, another signer,
about 1680; and the Pacas, and the Chases, a long time after the
Protestant Revolution.
The ancestors of the Hon. Jas. Alfred Pearce were distinguished
in the early judicial and parochial history of Cecil County. They
came about 1670; and the Pratts (a family of planters, and the forefathers, I presume, of our other United States senator), about the
year 1660. The latter first lived in Anne Arundel County; and
Thomas, the name of the senator, was borne by the emigrant, and
by several of his immediate descendants.
A late senator, on the side of his father, General Benjamin
Chambers, is a Pennsylvanian-the General, however, having
before his marriage, become a resident of Chestertown, in Maryland. And the ex-senator, who resigned his seat in 1835, inherits,
upon one side of his mother's ancestry, the blood of the Bohemian,
who founded the colony in 1660; upon another, that of the Haw



APPENDIX, NO. O.                  263
kinses, who arrived about 1655, and of the Miarshes, who came am
early as 1650. See p. 70, p. 81, p. 263, and p. 264.
The ancestors of the late Hon. Robert H. Goldsborough, descendants of a very distinguished family of England, arrived about
1670, at Kent Island. They are now represented by the Goldsboroughs of Myrtle-Grove. of Frederick, and of many other parts
of the State. The very manners of this senator illustrated the
gentleness of his blood.
The Tilghmans of The Hermitage, represented by so many honorable men, including the president of the constitutional convention of Maryland in 1774, and a chief-justice of Pennsylvania,
arrived about 1655. They came from Snodland, in Kent; and
their arms are: Per fesse sa. and ar. a lion ramp. reguard; tail
forked, counterchanged, crowned or. The crest is a demi-lion
sejant sa. crowned or. No family of Maryland has exhibited a
higher proof of piety-of that piety which manifests itself, in the
reverence and affection cherished for the memory of those, from
whom we derive our earliest being and blood —a sentiment
indeed, which forms the only foundation, either directly or through
sympathy and association, of the true historical taste. They took
up many tracts, including "Tilghman-and-Foxley-Grove," upon
which Chestertown was subsequently founded, then held, if I mistake not, through an intermarriage, by the Wilmers of Kent. I
regret, I have not, at this moment, my memoranda before me.
The family of Hawkins, first of Poplar Island, afterwards of
Queenstown; one of them a judge of the Provincial Court, about
1700; another (Ernault), at a later period, the surveyor-general
of the customs; arrived from Nominy Bay about 1655; but came
from London, several years earlier. Through the Fosters and the




264:                 THE DAY-STAR.
Lowes,-they were connected with the family of Lord Charles Baltimore.  They were also connected with the DeCourcys; and,
through the Marshes, are the ancestors of the Formans of CloverFields; of the Tilghmans, of Hope; and of the Chamberses, and
other families, at Chestertown. And they are connected with the
Williamses, of Roxbury, through a resident of Baltimore-Elizabeth, the daughter of Matthew, having married the late George
Williams; and left eight children, including George Hawkins
Williams, of the latter city. Of John, the judge of the Provincial
Court, the father of the surveyor-general, and the son of Thomas
the emigrant, a very interesting memorial remains, in the possession of the vestry at Centreville-consisting of a large and
massive piece of silver plate, in a noble state of preservation. A
fragment of his son's tombstone may yet be seen, near Queen'stown; but the date of Ernault's death can be ascertained, only by
a reference to the correspondence of Elizabeth, his widow, now
in the keeping of the descendants of the Hon. Thomas Hands, at
Chestertown.
The Thompsons, of Cecil, subsequently of Queen Anne's and
of Kent, arrived about 1665. Col. John Thompson, the emigrant,
is distinguished in the history of the early treaties with the
Indians upon the Delaware; and held a great variety of offices,
including that of a provincial judge at St. Mary's. He married a
daughter of Augustine Herman; and left a son bearing the baptismal name of the Bohemian. Auggusta, Jiugusten, and.lugustene, the names of his descendants, are but abbreviations or corruptions of.lugustina derived from -./ugustine. The Thompsons of Kent Island, including the clergyman, are some of the
descendants of this emigrant.  See alno ante, p. 80.  Co(.




APPENDIX, NO. T                    265
Thompson, it is not improbable, was related to the cousin of Col.
Clayborne. See ante, p. 78.
The family now represented by Doct. Peregrine Wroth, of
Chestertown, descendants (there is strong reason to believe) of the
Wroths of Durance (a highly distinguished house), arrived about
1670. To this gentleman I have expressed my thanks, for the
interest so generously manifested, in the success of all my
researches.
The Sewalls, of Mattapany-Sewall, connected with the lion.
Win. Burgess, and with the family of Lord Chas. Baltimore, came
about 1660. Henry was the name of the emigrant. From the
first, they were Roman Catholics. See also ante, p. 73, and p. 169.
The Spriggs, the ancestors of the late governor, came, it
seems, from Northamptonshire, about 1655. Thomas was the name
of the emigrant. One of the tracts taken up by him, was called
Kettering, the name of a town in that county. Northampton was
another tract held by him; and the family seat, if I am correctly
informed, for many generations.
The Taneys (the ancestors of the present chief-justice of the
United States), arrived about 1660, and lived in Calvert. Michael,
which runs through so many generations, was the name of the emigrant. The noble part he played in 1689, has already been
noticed. In the late " Lives of the Chief-Justices," and also in
" The Southern Quarterly Review," it is erroneously said, that he
held the faith of the Roman Catholic Church. See ante. p. 92.
The Tylers, of Prince George's County, came about 1660.
Robert was the emigrant's name. They are now represented by
the Tylers of that county, and of Frederick, including Saml. Tyler,
of Frederick city, the author of several works, and one of the
12




266                  THE DAY-STAt.,
commissioners for the reform of the practice, in the courts of
Maryland.
The Lowes of Talbot, and, it would seem, of St. Mary's also
-the branch in the latter county being represented by exgovernor Lowe-arrived about the year 1675, They were closely
connected with the family of Lord Charles Baltimore; and came
from Denby, in Derbyshire. Their arms are:-./lz. a hart tripPant ar. And the crest is a wolfpassant ar. One of the willi
at Annapolis points directly toward Denby.  See also Burkle.
And I am inclined to think, Lady Jane Baltimore was a descendant of the family at that place. Lord Baltimore calls Vincent
Lowe his " brother."
The Claggetts of St. Leonard's Creek, ancestors of the first
Anglo-Catholic bishop of Maryland, came in 1671. Thomas, the
emigrant, was the descendant, on his father's side, of a mayor of
Canterbury; on his mother's, of Sir Thomas Adams, a lord mayor
of London, and a cavalier in the reign of Charles the First. Their
arms, which were admitted and confirmed in the visitation of the
heralds, are impaled upon the original seal of the bishopric of'Maryland. And they have various descendants, in the male as
well as female line, including Doct. Claggett, of Leesburg, Va.;
Prof. Saml. Chew, and the Rev. John. H. Chew, of Maryland,
Through a daughter of the third Thomas from Col. Claggett, of
London, they are the ancestors also of the Davises, of Mount
Hope. Their arms are:-Erin. on a fesse sa. three pheons or.
For an impression from the seal of the bishopric, I beg to express
my thanks to the Rt. Rev. Doct. Whittingham. See also ante,
p. 99.
The Addisons of Oson-Hill, the descendants of the family in




APPENDIX) NO. I.                   267
Cumberland County, and represented by Doct. Edmund B. Addison, by Win. lMeade Addison, Esq., and by many other living
gentlemen, came about the year 1678. John, the emigrant, was
a privy-councillor soon after the Protestant Revolution; but had
opposed the revolutionary party. See also ante, p. 147.
I cannot give the year, the Dorseys arrived; but it was probably some time before the Protestant Revolution. Col. Ed. Iporsey,
of Baltimore County (I presume, the emigrant), died about 1700,
leaving a large number of children; and giving to his sons,
Charles, Lacon, Francis, and Edward, all his lands on the north
side of the Patapsco; to his son Samuel, a part of " Major's
Choice," and his " silver-hilted sword;" to his sons Nicholas, and
Benjamin, a part' of " Long Reach," at " Elk Ridge;" and to his
son Edward, his silver tankard, silver tobacco-box, and "seal gold
ring."  This is now one of the most extensive families of Maryland; and they are probably of an English original. Col. Dorsey,
I presume, was the ancestor of the ex-chief-justice.
The Darnalls, of London) arrived about twenty years before the
Protestant Revolution. Col. Henry Darnall, the emigrant, was
the son of Philip Darnall, and a kinsman of Lord Baltimore. For
the part he performed, in 1689, the reader is referred to the Narratives. See ante, pp. 87-100. He resided at The Wood-Yard,
in Prince George's County; and, a later period, at Portland
Manor, in Anne Arundel. IIe left many descendants; and his
tombstone is at The Wood-Yard, now (as it has been, for several
generations) in the possession of the Wests; and the most interesting family seat, I have yet seen, in Maryland. The vane upon
the house-top, the wainscotted wall-the other relics, and memorials relating to the era of the Darnalls —are all preserved with




2G 8                  TIIE DAY-STAR.
the most studious care. I give this testimony, with a grateful
heart. It is honorable, in the highest degree, to the taste and
piety of the present proprietors.  The Darnalls were Roman
Catholics.
The Brents, the Neales, and other distinguished Roman Catholic
families arrived before 1649; and are therefore not here noticed.
In making selections subsequently'to that year, I have confined
myself chiefly to the Protestants; for whose special benefit, the
principle of religious liberty was extended, by the Act of the
Assembly, to all believers in Christianity. Let the living sons of
Maryland know something of the blessings enjoyed by their ancestors, under the beneficent government of the Roman Catholic proprietaries.
Most of the persons, whose arrival is sketched in this Appendix,
held the right, I presume, to a coat of arms. But not knowing the
fact, I have said nothing; well assured, how many spurious
escutcheons are now used in this country; and fully aware of the
danger of running into very gross mistakes.




APPENDIX, NO. IT.                   2G9
APPENDIX.-No. II.
See ante, p. 80 and p. 107.
SETTLEMENT  UPON  THE  BOHEMIA.-EXTRACT FROM1
HERMAN'S JOURNAL.
FRoI the extract, it seems the colonists did not arrive till 1661.
But there is evidence, aliund,, that the foundation of the colony
was laid in 1660.
" By letter, Sept. 18, his Lordship, in acceptance thereof, recommended the granting to the Honorable Philip Calvert, Esquire,
then Governor-And was then supposed, the one tract to contain
about 4,000 acres; the other 1,000 acres; good, plantable landdanger of Indians not then permitting a certain inspection, nor
survey of that far-remote, then unknown wilderness.
"Whereupon, January 14, a Patent of free Denization issueth
forth out of the office; and Augustine Herman bought all the land
there (by permission of the Governor and Council) of the Susquesahanohl Indians, then met with the great men out of the Susquesnalnnoh  Fort at Spcs- Uty Isle, upon a treaty of soldiers,* as
the old Record will testify, and thereupon took possession; and
transported his people from.Manhattam, now New York, 1661,
(with great cost and charge) to inhabit."
* In the MS. copy, this word ismvery indistinctly written.




270                  THE DAY-STAR.
AP PENDI X.-No. III.
See ante, p.152, note 1.
FAITH OF THE JURORS, IN THE CASE OF THE
PISCATAWAY INDIANS.
I HAVE said, the first twelve, there is strong reason to believe,
were Roman Catholics; but I arranged them, not in conformity
with the record, but simply with a view to my own convenience.
The following is the order observed upon the record:Cuthbert Fenwick, foreman; William  Bretton; Nicholas
Gwyther; John Steerman; Edward Packer; Richard Banks;
Philip Land; Win. Evans; John Lawson; Richard Iloskins;
William Johnson; John Medley; Richard Willan; Henry Adams;
Robert Cadger; John Nicholls; Daniel Clocker; James Langworth; John Thimbleby; William Edwine; John Taylor; John
Ilarwood; Zachary Wade; and Thomas Sympson.
Three of the preceding jurors had been in the Assembly of
1649.
Most of the Roman Catholics are easily distinguished by a reference to their wills. See, e. g., the wills of Philip Land, and
William Evans. Richard IIoskins is the only one, of whom I cnter



APPENDIX,  NO. IIr.                 271
tain a doubt. But we have the best ground for the belief, that he
was the same person as Richard Hotchkeys, of "The Cross," and
whose name is written in a variety of ways-a very common thing,
two hundred years ago.  Edward Packer, for instance, was the
same, it would seem, as Edward Parker, a kinsman of Mr. Bretton.
See his will. In the index to the Land Warrants, on p. 17, for
Lib. No. 1, Richard Hoskins, it appears, is spelt "Richard Hodg
key;" on p. 622, for the same liber, "Richard Hodgkeys;" p. 136,
for Lib. No. 3, " Richard Hodskeys;" in the oldest book of wills,
"Richard Hotchkeys;" and, in the index to that book, " Richard
I1otchkey."  It is not improbable, that. Nicholas Gwyther, a thirteenth, was also a Roman Catholic; although I have not included
him.
Four of the Protestant jurors (Messrs. Steerman, Nichols,
Clocker, and Edwin) had signed the Declaration. Capt. Banks, a
fifth, had been in the Assembly of 1649; and it is quite evident,
that Robt. Cadger was a sixth. See his will; and the one also of
his son, Robert. John Lawson, in his will, desires to be buried
" according to the canon of the Church of England;" and speaks
of John Taylor, the god-father of his daughter, "Jean."  It is
highly probable, therefore, that Messrs. Lawson and Taylor,
making a seventh and eighth, were both Protestants of the Anglo-'
Catholic type.
It would be unsafe to assert any thing positive, with regard to
the faith of the remaining four, Messrs. Gwyther, Harwood, Wade,
and Sympson; though it is quite probable, Ah. HIarwood was a
Protestant.
The result, then, so far as the investigation has been successful,
presents twelve Roman Catholics against eight Protestants. Nor




272                  THE DAY-STAR.
is it certain, that these eight (a point of the first Importance) all
lived, in St. Mary's, in 1653.
Excluding Messrs. Packer, and Hoskins, we have ten Roman
Catholics against eight Protestants.




INDEX.
A                                       A.
ACCo(MtAcs:-A  tribe of Indians, 112.   the English Branch, 30. Illustration
Unotder the Itule of the JPot]rcactln8,   froml the early Charters of the Eng112.                                    lish Crown, 30. Case of Lewis, 31.
Acrt Concerning Religion, 54. Its Lead-    Case of Doctor Gerrartd, 83. Chapel at
ing Provisions, 54-67. Its Influence    St. Mi:ry's, 32. Anglo-Catholics at
upon the Colonization of Maryland,   Jamestown, 2T. Extract firom  their
68-86, and 101-107.                     Charter, 27. Anglo-CaLtholics upon
ADDIsoNs, of Oxon-Hill, the  English    Kent Island, 142.  Anglo-Catholic.
county they came from, 266; Their   upon South River, 12. Anglo-CGathoArrival, 266; Their Earliest liome in   lics upon Patuxent, 74. Anglo-CathoMaryland, 147. The Emigrant a Privy   lices in St.' George's ltundred, 145Councillor, 267. Opposed to the Itevo-   148. The Probable Number of Anglolution of 1689, 267. His Posterity,   Ca tholich in the Assembly of 1649,
26I.                                    138. Anglo-Catholic clergrryman of St.
ADDISON, Wm. Meade, Arrival of his   Mary's, the first, 145, 14i6.  Early
Ancestry, 26T.                          Anglo-Catholic Clergymen of Kent
ADDREss to the Crown from the Protest-   Island, 142, 143.   Anglo-Catholic
ants of Kent, 93. See also Protest-   Bishop of Mar'yland, the first, ancesant Revolution.                         try of, 266. His Arms, 266. AngloALLEN, Thomas, Extracts from his Will,   Catholic  Bishop of IMaryland, the
286; Friend of Captain Banks, 236;   third, his ancestry, 179. The settleHad  been in the Assembly; 227;   ment upon Kent Island the off-shoot
Apprehensive of Violence, 236. His   of an Anglo-Catholic  Colony, 142.
Children held Captive by the Indians,   Early Anglo-Cattholic families of St.
236; Captain Banks's Engagement   George's, 145-146. The Wickliffes, the
to redeem  one of them, 235. Faith    Cadgers, the AMarshalls, the Addisons,
of Mr. Connor and Captain Banks    and other Anglo-Catholic families of
derived from his Will, 236.             St. George's, 146-147. Earliest Deedl
ALNEY, Pope, the Ilangman of Walter   for the Support of the Anglo-Catholic
Peake, 253; Convicted of Cow-Steal-   ministry, 146. The Gift'of "' three
ing, 253.                               heifers," 146. First reference to a
ALTHAM, Rev. Father, 159, 160.            Parish, 146. "The Neck of WicocoANGLO-CTHOLICS: —the probable num-   mico," 146. Wickliffe, the organ of
ber in the Assembly of 1649, 137.       the Anglo-Catholics, 147.  Wickliffe
ANGLO-CaTHOLICS:-the Term  Carlthol ic   and Wesley, 147.
applied  to  them, upon  the Earlly  ANGoLo-CmTHm)I.tc BiSHOP of Maryland,
Provincial Records, 32 and 23:5.        the first, his ancestry, 266.
ANGLO-C.THOLiCS:-Compact between  ANGLO-CATHOm.mC BisuOP of Maryland,
an Anglo-Catholic King and a Roman    the third, his ancestry, 179.
Catholic Prince, 26-34. Fidelity of  ANGLo-CATIMOLIC CLERGY~MAN Of Saint
the Prince, 85. Ihsly, in the Creeds,   Mary's, the first after' the landing
and C(Wtholic, upon the Provincial   of the Pilgrirus, 145-146.
Itecords,  appliedl to  the  Englis}h  ANGLO-CaTrI0LtC CIERGYMaEs  of Kent,
Church, 32. "IIlyv Church " included    the early, 1-2-143.
128




274                                 INDEX.
A.                                        A.
A(u;Lo-CATuoL  BInsITorn c of Maryland,    227. Early Practice of Carvincg arthe original arms of, 2i56.               mnorial bearings  upoln  plate, 120.
ANNAPOLIS:-Erected  into  a port of    Baltimore bird, 122.  The flealt-dec
REtry, as late as 16383, 117. A Rival   lis., a favourite device of thle early
upon South River, 72.  The govern-    Roman Catholic planters, as a part
meat remove(1 from  St. Mary's to    of tleir cattle-mLark, 226.
Annapolis, 10S.                         ARMORIAL SEALS: —Preservation of the
ANNe ARUTNDEL COUNTY: —Original seat   Seal of Colonel Burgess, 72. Original
of the Puritans, 151.  Small num-   Seal of the Bishopric, 266. Seal of
ber of estates, with the It. C. Pre-    one of the early Ilansons of Kent,
fix, 151.  Home also of the Qua-    79. Seal of the Province, 1163. Seal
kers, 101.  First settlement, in 1649,    of the State, 163.
68. Greenberry's Point, the site of  ARRIVAL of the Addisons, 267; of tho
the first Puritan townl, 6S-69, and    Beales, 83;  of the Bennetts, 69;
117. The Severn, 68. James Cox, 70.   of the  Bowies, S3; of the BrashaRichard Bennett, Edward Lloyd, and   ~ers, 84; of the Brents, 2618; of the'l'homnas Marsh, 69-7.0.  Tile county    Brettons, 221; of the Brooks, 74; of
represented  as eairly  as 1650, 7).   the BuLrgesses, 261; of the Calverts,
Anglo-Catholics uponi South  River,   168 and 171; of the Carrolls, 262; of
72. WVilliamn Burgess, 72. South River   tile Causins, 84; of the Chamberses,
Club, 73. London founded by Colonel    262; of the Chases, 262; of the ClagBurgess, 73. A  rival of Annapolis,    getts, 266; of tile family of Comiegys,
73. London and Annapolis erected    85; of the Conners, 220; of the Coninto ports of entry, in 1638, 117. Fort   tees, 8-4  of the Dar'nalls, 267; of the
Horn, 177.  The battle-field of 16B5,    De Courcys, 83; of the Diniossas, 79;
17T. Monumental Inscriptions upon    of the Dorseys, 267; of the Dunns,
South River, 73. Quakers upon West   262;  of the Du Valles, 84; of the
River, 77. The Prestons, Thomases,   Edmonsions, 83; of the Fenwicks,
and Kichardsons, 77.   But one R.   207; of the Goldsboroughs, 283; of
C. family, in  the  whole  county,   the Greens, 181;  of tile Hansons,
in 1639, 92. Opposition of the inhabi-   79;  of the liattons, 200;  of the
tants to the Protestant Revolution,'Hawkinses, 263;  of the liermans,
92. The richest and most populous    80;  of the Hynsons, 261;  of the
County, in 1619, 92.  Contest with    Jarbos, 84; of the Lacounts, 84; of
Calvert, respecting  her  boundary    tlie Lamars, 84; of the family of
Line, 106.  Ifer position  overruled    Leeds, 262; of the Lloyds, 69; of
by  the  Legislature, 106; but fully    the Lockermans, 85; of the Lowes,
sustained by the Records, 107. Ma-    266; of the Magruders, 83; of the
jor's Choice, and the Hon. Thomias    Mannerses, 2:i; of tlte Marshes, 69;
Marsh, 107.                               of the Mlautsells, 237; of the Neales,
ANNIVERSxRY of the St. Tstnmaney So-    2;S;  of the  Pacas, 262;  of the
cieties, 112.                             Pearces, 2h62; of the Peakes, 247; of
AN1,tGnONISam between the State and tile   the Piles, 107; of the Pratts, 262; of
Chlurch, 17 tnd 61.                       the Prices, 183; of the iticauds, 85;
Ant/tlclmpt,tithe Indian, Gift to Him,   of the Ritchatrdsons, 82; of tle Itinrfiomn Mrs. Fenuvick, 21.6.                gold., 261; of the bSewalls,'65; of
AltMltliL 3BEARINGS:s-Arms of the Bur-    tile Slhipleys, 82;  of the Snowdens
g;sses, 72; of the Culverts, 162; of    82;  of the  8priggs, 26)5;  ofr the
tlte Cil.ggctts, 2163; of the Eltonl       ones, 2612; of the laneys, 265; of
217;  of the l;ttnsons, 79;  of thle            te Tet tershllalls, 187;  of the TholinttolIs. 2(02; of tile Lowes, 2.;;   niases, S:.; of tile Tilompsons, 264;
of the Thomases, 82; of the Tilgh-    of the TiltighmLns,    263; of the Tylers,
Ie:Is, 263. Armnorial seals, T7, 26t;,    2 Q5; of thte Vaughlans, 190); of the
16:3, and 79. Arnis of the Province,    Family of Wickes, 262; of tile Wil16:3. Amins of the State, 163. Origill    kinsons,  2:4; of the Wortllingto ns,
arilns of the lIishopric, i26. Presutedl    8:3; and of tlne Wrotis, 265.
ri:llt of marly of the eatly ilanltCrs, Asca.nsiuN-cY  of the Purit;lls, 83; their
26o.  D)t-,ger of rtrlnitr inito very    Iluto!lralnce, St(.
"il'..it es; i.   il't,til   lily, Ass.':',t.: of 5tzyl:tn,, its Etrly Co;n



INDEX.                                2 75
A.                                      B.
sfit,utiou, 42-43, and 142. Its analogy    within the supposed territory of the
to the primitive Parliament of Eng-   I'iscataways, 111. The Dorseys, 267.
land, 42. Contrast with the Vitena- BALTIMORE, Lady Jane, wife of the Hon.
gemnot, 50.                            IHenry Sewall, 169; subsequently of
AsSEIMBLY of 1638, the earliest of which    Lord Charles Baltimore, 169; a supwe have  a  satisfactory  account,   posed descendant of the Lowes, of
211. Cuthbert Fenwick, a member,   Denby, 266; and the mother of the
211.                                    Hon. Maj. Nicholas Sewall, of MattaASSEM3BLY of 164S, 143 and 144. Names   pany-Sewall, 73 and 261.
of the Burgesses, 144. Their Protest, BANKs, Thomas, 235.  Extract from
144.                                    his will of 1684, 235. Catholic apASSEMBLY Of 1649, 41-52. Names of the   plied to  the faith of the English
Burgesses, 130 and 105. Their faith,   Church, 235.
136-137, and 207-253. The Toleration  BANKS, Capt. Richard, a law-giver of
Act, 54-67. Bill of Charges, 49 and    1649, 135. HIis faith, 236. His en133. Act relating to the recovery of   gagement to redeem from captivity,
the Province, 131.                      the child of Thos. Allen, 285. Notice
ASSEMBLY of 1650, 131-182. Names of    of his life, 233-236. His marriage to
the Burgesses, 132. Their Faith, 148.   the widow of Mr. Secretary Hatton's
Declaratory Act, 131.' Act of Recog-   brother, 233.
nition, 14S. Declaration of the Pro- BATTLE between the Roman Catholics
testant members, 71, 72.                and the Puritans, 177-178; the GoverASSEMBLY Of 1689, 88. Report of the    nor wounded, 177; a surrender, and a
commissioners to  the Indians, 87.   court-martial, 177.   Skirmish  beRteport of the committee of Secrecy,   tween Capt. Cornwallis and Colonel
88. Their accusation against Colonel   Clayborne's Lieutenant, 211. Attack
Darnall, and the other Roman Catho-   of Cood upon the State House, in
lic Deputy Governors, 89.  See also    1689, 91 and 97. Surrender of Col.
Protestant Revolution.                  Digges, 97.  Siege of MattapanyAUGUTTi CAROLINA, the Name of St.   House, 98. Surrender of Col. DarnMary's County, 47.                      all, 99.
BEALES, their arrival, 83; one of the
largest families of Maryland, 83; Col.
B.                      Ninian Beale, 83.
BEARINGS. See Armorial Bearings.
BALTIMORE, barons of, 162-1T0; George, BED-CHAMBERS, 120; much  attention
163-64; Cecilius, 164-168; Charles   paid to the furniture, 120. See also
the First, 169; Benedict Leonard, 170;   Mrs. Fenwick's will, 215.
Charles the Second, 170; Frederick, BENNETT, Gov. Richard, his posterity,
170; their descendants at Mount   69.
Airy, 170.                            BENNETT, Richard, the largest landBALTIMORE bird, 121.                      holder of the province, 69. Prefix
BALTIsIORE City, its site, probably, with-   of Squire, 69. His tombstone at Benin the territory of the Piscataways,    nett's Point, 69. His ancestry, 69.
111.                                  BILL of charges, at tile Assembly of
BALT310ORE county erected, 105. Settle-   1649, 49, and 130. Per-diem of the
ment upon Bohemia River, 80. Bohe-   Burgesses, 49.
mia Manor within the ori-ginal limits, Bisuopmic of Mid., original seal of, 266.
106. Earliest Courts of the County    See Armorial Bearings, and Armorial
probably held upon the Eastern Shore,   Seals.
106. Tile first foot-prints of civiliza- BLoon of Aboriginal Chiefs represented,
tion upon the Western Shore, 106.   108.
Identity  of Palmer's  Island  with  BLOOD, the best Roman Catholic, deWatson's, 107.  Clayborne's early   rived by the Lloyds, and other distrading-post, 107.  Spesutia Island,   tinguished Protestant fatmilies, from
107 and 269. Augustin Herman, 107. i  the Neales, 150. See also Neales.
His treaty with the Sutsqsqehannocks, I BOHEMIAN emigrants, 80 and 85.
269. Labadyists, S1. Col. Nathaniel BOUNDARtEs:    -Th e Northern boundary
Utyc, 107.  Silc of Baltimore city i  of Maryland  included the site of




276                               INDEX.
B.                                     IB.
Philadelphia, 167; the Eastern, the  BRowNE, Richard, a law-giver of 1649,
Swedish settlements upon the Dela-   135. Notice of his life, 229-230. His
ware, 167. Early boundaries of the    faith and identity involved in doubt,
counties, 106. Cecil, 106. Baltimore,   229-230.
106.  Anne Arundel, 106.  Contest BURGESSES of 1648, 1649, and 1650:between Anne Arundel and Calvert,   Their names, faith, &c. See Assem107.  Original boundary line, 106.   bly. The democratic element, 42. A
Major's choice, 107.                    distinct branch of the Assembly in
BOwIES of Prince George's, 83. The    1649, 140.
governor's ancestry probably Scotch, BURGESS, Hon. Wm., a leading colonist,
83. Their arrival, 83. Their rela-   upon South River, 72. His armorial
tionship to the family of WVm. Bur-   bearings, 72.  Founder of London,
gess, the early Deputy-Governor, 261.   73.   A Deputy-Governor, 73.  His
BRADNOX, Capt. Thomas, a frieeman, in    epitaph, 73. Large number of emithe Assembly of 1648, 220. High sheriff   grants introduced by him, 261. His
of Kent, 124.  The friend of Mr.   Posterity, 261.
Secretary Hatton, 125. Note to him  BURGESSES, of South River, 71-74, and
from  Mr. Hatton, introducing John    261.  Their armorial bearings, 72.
De Courcy, 201. Couldnotwrite, 125.   Ancestry of the Burgesses of WestTried for cattle-stealing, 124.         phalia, and of the Sewalls, the DaBRASHARRS, 84. Their arrival, 84. Ori-   vises, and the Bowies, 261.
ginally from France, but directly from  BURGESSES, of Westphalia.  See HIon.
Va., 84. Their posterity, 84.           Win. Burgess, and Bulgesses of South
BRASHAER, )oct., of New Market, his   itiver
ancestry, 84.
BRENTS, their arrival, 268. Their faith,                 C.
268. Blood of aboriginal chiefs, 108.
Capt. Giles Brent's books, 216. Spirit CADGERS, a very early Anglo-Catholic
of a Protestant Vandal, 216. Brents   family of St. George's, 146. Their
of Charles county, 189.  Their sup-   Devises, 146-147.
posed relationship to the Piles, 189. CALVERT County, erection of, 104. BounRelationship to the Fenwicks, 218.      dary line between Calvert and Anne
BRENTS Of Louisiana, supposed descend-   Arundel, 107.   Controversy, 106.
ants of the HIon. John Pile, 189.       Major's choice, 107.  Settlement of
BRENT, Robt. James, late  attorney-    Robt. Brooke, anterior to the erection
general, his ancestry, 189 and 218.     of Calvert, 74.  The Claggetts, 99
BIRETTON, William, a law-giver of 1649,   and 266. The Smiths, of St. Leonard's
135. His faith, 226-227. Nbtice of    Creek, 98. The Taneys, 96 and 265.
his life, 224-228. His gift of a church    A  Protestant County in 1689, 92.
lot, 227. His cattle-mark, 226. Fleurs-    "Lien of Note " opposed to the Prode-lis, 227. Poverty of his children,   testant Revolution, 92. The Patux226. Application of ever-immaculate   enas, 111.
to the Virgin Mother, 228.            CALVERT, Leonard, the chief of the oriBROCK, Rev. Father, his arrival, 159.     ginal Pilgrims, 171. The first GoverBROOKE, Hon. Robert, founder of the    nor of the Province, 87. His death,
little colony upon the Patuxent, 74.   42, and 173. Toleration, under his
Persons introduced by him, 74-75.   Administration, 86-38. Sketch of his
Ancestor of the present Chief Justice   life and character, 171-174.  His
of the United States, 75. President   faith, 174.
ofthe Provincial Council,76. Ances- CALVERTS.  See Barons of Baltimore,
tor of the Brookes of Blrooke-Grove,   and Armorial Bearings.  See also
75. Manor of De la Brooe, 75.           Coin, and Armorial Seals.  Family
BRKOoKES, of Brooke-Grove, their ances-   seats in England and in Maryland,
try, 75.                                168, 169, and 170.  Arms upon the
BRoogsE, of Prince George's county,   Great Seal, 168.  See also Leonard
descendants, many of them, of the    Calvert.
lion. Robt. Brooke, 75.               CALVERTON, Manor of, 196. Intended
BROOKES, of De la Brcoke. See Hon.   for the dwelling-place of six aboriRobt. Brooke.                           ginal nations, 196.




TNDIX.                               277
C.                                    C.
CANVASS-BACK duck, 121.                 natius's Ch.apel, founded by a Ronman
CARROLL, Charles, of Carrollton, arrival   Catholic law-giver of 1649, 225-258.
of his ancestry, 262.               CHARLES, the Second, of England, proCARROLL, Henry J., children of, suppos-   clarnation in favor of, 256-251.
ed descendants of the lion. John  CUARLES the First, and Charles the
Pile, 189.                            Second, of Maryland. See Barons
C.SE: —Case of Lord Baltimore and   of Baltimore.
the Penns, 167; of Capt. Banks, 234; CUARLrES County, upon the Patuxent,
of Captain Bradnox, 124; of Robert   erected in 1650, 75. See also Robt.
Clarke, 19T; of Colonel Clayborne   Brooke, and Calvert County. Char(appeal to the Crown), 166-163; of   les County upon the Potonmac, 104.
Edward  Commins, the  Protestant   Large number of Estates, with the
Vandal, 216; of John Cowman, the   Roman Catholic mark, 15'3, and 250wizard, 125; of Father Fitzherbert,   251. Brents of Charles County, 1t9.
55-62; of Doct. Gerrard, 33 and 147;   See also the Causins, the Greens, the
of Robt. Holt, 15.3; of Martin Kirk   Piles, and the Stones. Also the Inanti others, 216; of Lieut. Lewis, %31;   (ld5als.  Part of Prince  George's
of Doct. Lumbrozo, the Jew, 65-67;   c rved out of Ciharles, 106. Charlesof Overzee vs. Cornwallis, 155; of   totn, in Charles, in 1689, 105. Tile
the Pretuxent Indians, 233; of Wal-  Ipl;tce of Taney's imnprisonnusnt, 105.
ter Peake, 251; of John Pile, 188; of   Charleston, the first seat of Prince
the Pisucatawayy Indians, 151-152;   George's county, 118.
of Col. Price, 184; of Richard Smith, C1ulRLESTON, 11S. Its early foundation,
92-93; of Gov. Stone, 178; of Michael   118. Its site, 118. The original seat
Taney, 92 and 104; of Thornborough    of Prince George's County, 118. The
vs. Neal, 244; of Thos. Tunnell, 234; of   place of Michael Taney's and Rich.
Capt. Vaughan, 191; and of Parson    Smith's imprisonment, 105. In CharWilkinson, 153.                       les County, during the year 16S9, 105.
CATHOLIC, the word, applied, upon the CHARTERS, Amnerican Colonial, their hisearly provincial Records, to the Eng-   toical relation to the one given to
lish Church, 32, and 235.             Lord Baltimore, 27-28.
CATTLE-STEALING, 124. Case of Captain  CHARTERS, early, of the English Crown,
Bradnox, 124.                         27-31. The light they shled upon the
CAUSIN, Hon. John M. S., itis ancestry,   Charter given to the proprietary, 2784. See also Causins.                 31.
CAUSINS, of Causin's Manor, 64. Their CHARTER for Maryland, a compact bearrival, 84. Name of the emig'rant,  tween a member of the English and a
246. Marriage of his widow to the    disciple of the Roman Church, 26.
Hon. Robt. Clarke, 199. A trustee  CHARTER for Virgina, taken awaybefore
for the Roman Catholic Missionaries,   the date of Lord Baltimore's, 16i.
246.                                CHASES, their arrival, 262.
CECIL County, erected, 105. Its early  CHESAPEAKES, their dwelling-place, 109.
boundary, 106.  Bohemia  Manor,   Number of their warriors, 109. Ruled
105. See also Baltimore County, and   by the Powhatans, 109. See also
Augustine Herman; and the Pearces,   Indians.
the Thompsons, and the Ilermans.    CHEw, Prof. Saml., his Anglo-Catholic
CECILIUs, the proprietary, sketch of his   ancestry, 266.
life and character, 162-170. A law- CHOPTANKS, 111.  Descendants of the
giver of 1649, 134. His faith, 26.    Ksuskesacoaks, 111.  See also IltCHAIRs, 119. Their gr-eat scarcity, 119.   dians.
Made of iron, 119; covered with CHoPTICONS desire to put thenmselves
leather, 119.                          under the proprietary's protection,
CHAMBERS, Hon. E. F., his ancestry,   196.
arrival of, 262.                    CHRISTISON, Winlock; and other minisCHAP.ELS, early provincial, 82-34, 159,   ters, in the Society of Friends, 78.
and 225. The first chapel, a wigwase,   Bequest of Doct. Sharpe, 17.  See
159. St. Mary's Chapel, a token of   also Quakers.
tihe concord between the Anglicsn  CURISTIANITY, 15-20.
and the Ronman Catholic, 66t. St. 1g- CaURac, meanling of, upon the provin



278                                INrmx.
C.                                      aC.
cial records, when  used  by itself, Co'NTT:R, John, of Java, his ancestry, 84.
12;2.                                  CONTIES, of Prince George's County, 84.
CurnrecI HIoLY, definition of. Sce HIoly    Connected lwith  the family of Gov.
Ohurch, and Words.                       Seymour, 84.  Residence at BarnCIDnsR, a favorite drink, 120.             staple; S4. John Contee, of Java, S4.
CLAGGETT, Capt. Thomas, ancestor of  CoNvIcTs, 117.
the first, Anglo-Catholic  Bishop of  COODE, John, a leader, in the RevoluMaryland, 99. A Protestant, 92; but   tion of 1689, 98.
opposed to the Revolution of 1689, COPLEY, Rev Father, 158 and 159. Gift
(92 and 99.                              from Governor Gereen, S182. Gift from
CLAOGGETT, Doct., Of Leesburg, his early    Thos. lHebden, 246.
Anglo-Catholic ancestry, 266.          CORNWALLIS, Capt. Thomas, one of the
CLAXGOETTS, their arrival, 266.  Posi-   noblest spirits in the band of the oritions of the emigrant, upon the Rtevo-    ginal emigrants, 209. The patron of
Iltion  of 1689, 92.  Arms of his    Cuthbert Fenwicrk, 209. Ilis estates,
fatmily, 266. Impaled upon the seal   with the R. C. prefix, 250. His manorof a bishopric, 266'; but previously    house, 209. His skirmish with Col.
confirmed in the visitations, 266. Col.   Clayborne's Lieutenant, 211.
EdiliVard  Claggett, and Sir Thomas COSTUME, glimpse of a provincial genAdamns, 266.  Ancestor of the firs,   tleman's, about 1650, 123. Of a lady's,
Anglican bishop of Md., 266.  Pos-   at the same period, 215-216.
terity of Capt. Claggett, 266.         COUNA-WEZA, the Piscataway  Indian,
CLlAIM of the Roman Catholics, 12S-161.   tried, convicted, and executed, 151.
CLARKE, Hon. lobt., a law-giver of  COUNCILLORS of the Commander, 192.
1649, 135.  Surveyor-geenersal of the    Their office analogous to that of the
province, 195.  Hlis faith, 197.  Pos-   privy councillors, 192.
terity, 19S-199.  His sufferings during  CoUNcILLoR, privy, 116.  The early
the ascendency of tlhe Puritans, 197.   germ of a nobility, 116.
Steward of the manor of Calverton, COUNTIES erected, between  1649 and
196. Copy-hold tenants, 196.             16S9, 102-1(15.
CLAYBORNh, Col. Wm., his settlement COURTS:-1. The Provincial Court was
upon  Kent Island, 43.  The first   analogous to  the Court of King's,within the limits of Md., 46.  Iis con-    Bench, 116; and the original of the
test with Lord Baltimore, 166. His   present Court of Appeals, 116. The
claim, 166-16S.  His settlement upon    lord proprietary and the privy counWatson's'Island, 78.  The first upon    cillors sat upon its bench, 116.  2.
the Western shore, and within the ori-    The County Court, 116.  Its early
ginal limits of Baltimore County, 107.   original, 212.  Jurisdiction  of its
Supposed  settlement upon  Sharp's   judges, 116. The judges taken from
Islasnd, 78. Settlement upon Poplar-I  the gentlemen, 116. 3. Court-baron
Island, 78.  A cousin of Col. Clay-   and Court-leet, 115. See also Manors.
borne, 78.                            1  Also Freeholders, and Suitors.
COFFEE, its great scarcity, 120.         Cox, James, the speaker of the AssemCoIs, proprietary's, 119.                  bly, in 1650, 70. A Puritan, 70. A
COsEGYS, the family of, their arrival, 85.   signer of the Protestant Declaration,
COMIMANDER, office of, 191.  Its great.  70.
ifgnlity,l192.  Power giventoan  arly  CURRENCY, 118-119.  Peake, 112 and
commander,    to select his-councillors,   119.  Roasnoke, 112 and 119.  The
192.'                         X coin of the lord  proprietary, 119.
CoesPAcr betwreen  an  Anslo-Catholic    Specimens, 119. English and Eurokins  and a R Iiomatn Catholic prince,   pean coin, 118. Tobacco, the comt1i.  li;dlity of tlie latter, 35.       nslon currency, 119. Its value, 119.
CoS'1()R;omrT, 26 —,1.                   CUTuHrET, the prelate, and saint, 213.
Cox~lb Ik:nv.   Sete Ttllind]s.         I  IIis corpse, 213.  His shrine, 213.
Cox-.N:i~, Phili, a la'tw-iver of 1619, 135.   St. Cuthbert's cross, 213.!!is faith, 221, anld 2(;.  Commander
of the county of Kent, 221.  Sketch
of his life and character-, 220-223.
Hiis posterity, 222-2235.




INDEX.                                27
D.                                       D.
DARNArLL, Col. Henry, Deputy Governor,   of Comegys, and  Lockerman, 85.
in 1689, 96. Overthrow of the Go-    Claim of the Dutch, 167.
vernmolnt, 87-100.  Ilis narrative, Du VALLE, Judge of the U. S. Supreme
9i-100(. Arrival at London, 100.        Court, his ancestry, 84.
D)AIsNALLS, their arrival, and faith, 267. Du VALLEs, their arrival, 84.
Kinsmen  of Lord Baltimore, 267.
Col. HIenry Darnall, 87-100, and 267.
Place of his tombstone, 267. Early                      E.
fatinily seats, 267.
DavisEs, of AIount Hope, their ancestry, EAGLE, 122.
261, and 266. Their arrival, 261.     EDEN, GoV. Robt., 1T0.
DECLARATION, Protestant, 71-T2.         EDMONSTONS, their arrival, 83.  Their
l): Couacy, John, introduced by the    posterity, 83.
IHon. Thos. IIatton, 201. Note of in- ELTONHEADS, Of Eltonhead, 215. Their
troduction to Capt. Bradnox, 201.       relationship to the Fenwicks, of FenDs Couacy, Hon. lHenry, 113-114. Ills    wick Manor, 209 and  215.  Their
letter to Lord Baltimore, 56-57. The    arms, 217.  A Privy Councillor of
Signer of an Address to the Crown,   Md., 215. A Master of the Euglish
95. An Opponent of the Protestant    High Court of Chancery, 215.
Itevolution, 94.  A  master of the  ELTONHEAD, the Hon. Won., a Privy
whole Aboriginal diplomanicy, 95. His    Councillor, 215. A Roman Catholic,
diplomatic services, 113.  His faith,   178. Shot in cold blood by the Puri95, and 115. A cavalier, 115. Inte-   tans, 178 and 216. The enmity of
resting character of our negotiations    Mairtin Kirke, 216.
with tshe Iroquois, 113.              ELTONm EAD, Edward, a Master of the
DE CouRCYs, of Cheston, probably fiom     English lIigh Court of Chancery,215.
Ireland, 83. Their claim  to the old    Relationshlip to the Eltonheads, of
Arnglo-Norman barony, 95, and 114.   Eltonhead, 215.
Iligh social rank, at the period of their ENGLISI Emigrants, S1, and 261-265.
arrival, 201 and 114.                 ERA of Roman Catholic toleration, 254.
lie CeuRcYs, of AMy-Lord's-Gift, 114.     Spirit which distinguishes it, 254-259.
D1E, LA BROOKE, the Manor of, 75. Upon  ESTATES, large number of, with the Prethe Patuxent, 75. The seat of a little   fix of St., 250.  Names of many
colony, 75.  lIeld by the Brookes,   tracts, 250!)-251.  Names of the ori75.                                     ginal Roman  Catholic proprietors,
DI:LAWARES, 112. St. Tammarny, their i  250-251.
great chief, 112. Ozenies, and other EvANs, Col. Win., a Roman Catholic,
tribes of Maryland, representatives    2217 and 24). His cattle-mark, 2:2.
of the same race, 112. Honors paid    The guardian of Mr. John Maunsell's
to St. Tamrenmany, 112. St. Tammany    son, 240.  The god-father of AMary
Societies, 112. AMay celebrations, 112.   Maunsell, 240. Fleier-de-lis, 227.
Hall of St. Tammany, 112.             EVER-IMMACULATE, the application of, to
DIGGES, Col., a Deputy Governor, in   the Blessed Virgin, upon the Provin1689, 96-100. Attack upon the State    cial Records, as early as 1661, 223.
House, 97. Surrender, 97.
DiNiossAs, arrival of, 79.
DINrossA, Governor Alexander, 79.                          F.
I)INNER —NIVES, their scarcity, 120.
DORCHESTER County, erected, 105.        FALCHION, 123.
DORSEYS, arrival of, 26T. Will of Col. FAMIIIES, provinlcial:-The Cadgers,
Dorsey, 261. Supposed ancestor of a  1 146; the Davises, 261 and 266; th
Chief Justice of AMd.,'261.            Eltonheads, 213; the Formans,.0
DUNNS, their early arrival, 262-.  Oine    and 264; the Lachlans, 83; the Marof thle prominent families of Kent,   shalls, 146; the family of Nichfols, 70;
2061. Now represented, in the male   the Smiths, of St. Leonard's Creek,
line, by a gezntleman of Pa., 262.      99; the Smyths, of Trumpington, 92;
DUTCU settlement upon the I)elaware,   the Spaldings, 218; the Wests, 26S;
78. Refugees inl Maryland, 79. Gov.   tihe Wickllffes, 146;  and the Vilrmers,
Alexander Diniossa, 79. Tihe fatnilies   21i1, See also Arrivals.




280                                 INDEX.
F.                                         F.
FEATHIER, worn by the early cavaliers  FoRAIS, much used by our earls  foreof the Province, 123.                      fathers, 119.
FENWICK, Cuthbert, one of the Pilgrims  FORTS: —1. Fort Kent, 44. 2. Fort Crayof 1634, 287; and a law-giver of 1649,   ford, 44. 3. St. Inigo's, 18.3. 4. Susl15.   Sketch of his life,  207-215.   quehannah Fort, 269. 5. St.  Iary's
lHis faith, 213-214.   The  leading    Fort, 82. 6. Fort IIorn, its site, 177.
member of the Lower HIouse, in 1649,    Supposed  battle-field  between  the
212.    The  attorney  of  Ciptain         Ro(inan  Catholics  and  Puritans in
Cornwallis. in  the  Assembly,'210.   1655, 177.
Plun(lerel byIngle, 210. Alarge pos- Fox, the  chief of the Quakers, 76.
terity, 217. Rtepresentatives at the    Preaches, in the Province, 76. Powar,a, in the Army, in the Senate, in    erful effects, 77. *
the Priesthood, and in the HIierarchy,  F:RIDERICK County carlved out of Prince
2ta7'a.nd 217-219.                        George's, 10)6. Erected in 1748, 106.
FENwictKs, of Fenwickl MnInor, 217.         The BalIshaers, 84.  The Datrnalls,
FENWICK, Ignatius, his ancestry, 21'.21t;7. Tlie Davises, 261 anl 266.  The
Fc,:NIwci(, Athanasius, his ancestry, 218'    Goldh)l o;lughls, 263. The Lowes, 266.
FENWICK, Jamies, his tancestry, 218.        Thle lichl:trdlsolls, 77 and 82.  T'itle
FENWICIc, the Revereidcl John, his ances-    S!hipleys, 82.  The Taneys, 265. The
try, 218;;ucle  of the Bishop of Cil-    Tylers, 265-266.
cinnati, 21S.                           Fr.nEEoLDEts S, 117.
FENWICK, Rev. Enoch, his ancestry,  FtxtcsII etmigrrants, S4-85.  The Bra218; President of Georgetown Col-    shaers, Causins, Contees, Du Valles,
lege, 218.                                Jarbos, Lacounts, Lamars, and  liFENWICK, Rev. Prof. George, his ances-    cauds, 84.
try, 218; brother of the Bishop of  FRIENDS. See Quakers.
Boston, 218.
FENWICK, Rt. Rev. Benedict, Bishop of                    *   G.
iBoston, his ancestry, 218.
FENWICK, Rt. Rev. Edward, Bishop of  GENTLEMAN, 116. Alarge class in MaryCincinnati, 218.                          land, 116. County Court judges taken
FENWICKS, of Cole's Creek, 217.              from  thlem, 116.
FrENWICKS, of Cherry-Fielhis, 217.        GERRARD, Doct. Thos., a Roman!atfhoFENWICKS, of I'otmonkey, 21T.                lie, 33 and 58. A privy councillor,
FENNWICKS, of Kentucky, 217.                56. Lord of St. Clement's Malnor, 33
FENWICKS, of the South, 217.                 and 158, Ilis non-compliance with
Fe:NWICK, Mrs. Jane, the wife of Cuth-    the Rev. Father Fitzherbert's requisibert Fenwick, 214.  Her will, 215-    tion,58. His cattle-mark, 227. Fleuc216.  Articles of a lady's dress, i       c de-lis, 227.  HIis estates with the R.
1660, 215.                                 C. prefix, 250. See also Cases.
FERtIES, 122. Early ones erected by  GOLDSBOROUGH, Hon. Robt. H., arrival
the Government, and  kept by the    of his ancestry, 263. Ancestry of the
most respectable colonists, 122.           Goldsboroughs of Myrtle-Grove, and
FERRE:T, lRev. Father, 159.                  of otlher families, 263. Blood of AboFt nUDAL )polity, 115.                       riginal Chiefs, 108.
Fias, 121.                                GOLnSBOROUGIIS, of Myrtle-Grove, 261).
FINGER-I{INGS, much worn by the early  GooKess, C.alt. Dantiel, 151.
gentry or Marylandi, 124; frequently  GOVERNM:ENT, frarme-work of, 115-117.
givenl in thleir wills, 124.           GRE.ES, Cov. T!homans, a law-giver of
FIsMEt, 1Rev. Father, 159.                  1649, 134. A'Privy Councillor, 1314.
FIL'LeZeiect,rlI lTlier, t his case, 54-62.  hlis proclhamiltion in fav(r of Charles
FONDNE.-S fol law-suits, imingled with a    the Seconlld, 1S1 andl 256. Notice of
velcteration for judicial authority, a    his life, ati family, 181-182.  liis
cliaraicteristic of our. anicestry, 154.   fatithl, 182. Sylnpathy with the royal
F)RKS, 12a).  Our aticestors dined witth-    family, 181. A representative of the
outt thiein, 120.  Their late iritroduc-   IRolan Catholic sentiment, 257.
tioit into general society, 120.        GReNss, of Greeii's Inhleritance, ancesFoIMssANS, of Clover-fields, 1and of Rose-    try of, 182.
11ill, 71T add 261-.                   j CcOV 0Tl, of a great idea, 23, and 2C6-3S.




INDEX.                                281
11A.       1                  IIH.
HIANSON, Col. 1Ianse, 79. His posterity,   little colony from  New York, 80 and
79.  Arms upon the seal of a near   269. Hlis Map, 80-81.  Original lord
descendant, T9.                         of Bohemia Manor, 80. His posterity,
HANsoNS, of Kent, their ancestry, 79.     81 and 264.
HARDWICR, Lord Chancellor, his deci- HIGoARWIXONS  desire to put themselves
sion of the case between the proprie-   under the proprietary's protection,
taries, 167. Virtual settleument of the    196.
Controversy, 167.                     HISTORY, charm of External, 19. IllusHARFORD, Henry, the Lord Proprietary,   trations from  Islamism, from Chris170.                                    tianity; and from Toleration, 19-24.
HAT-BAND, 123. Gold hat-band worn, HIOLT, Robert, his case. See Cases.
by the early cavaliers of Maryland, HOLY CEIURCH, definition of, 30 and 55.
123.                                    See also the case of Father FitzherHATTON, Hon. Thomas, 200. Secretary    bert, 61.
of the Province, 135, and 202. A  HONOR due to the Roman Catholic freePrivy Councillor, 135. Clothed with    men of Md., 160-161.
the powers of a Governor, 203. At- HONORABLE applied to the Privy Countorney-General, 202. A law-giver of    cillors, and thejudges of the Provin1649, 135. His death at the battle   cial Court, 186.
near the Severn, 204. His life, and  HOOD. See Mrs. Fenwick's Will.
character, 200-205.  His faith, 204. IIUnaDREDs. See St. Mary's County.
Family, 200 and 205.                  HYNSON, Thos., ancestor of the HynIHTTOC, Richard, the brother of the    sons of Kent, and foreman of the
Secretary, 200. Arrival of his wife    Grand Jury, in the cases of Wilkinand children, 201.                      son and lIolt, 153.
IATTON, Sir Christopher, 200.            [YssoNs, 261. Their early arrival, 261.
HATTON, Sir Thomas, 201.                  Onle of the distinguished families of
IxATTON, Sir Robt., 201.                  Kent, 261-262.  Large number of
HATTONS, of London, their arms, 202.      descendants, 262.
IALTTONS, of Piscataway, their ancestry,
206. Relationship to the Hon. Thos.
Hatton, 206.                                            I.
IIATTONS, their connexion with the
family of Capt. Banks, 233; and with  IDEAS, the visible influence of, 21. Ilthe first Anglo-Catholic Clergyman,   lustrated in the history of American
204.                                    Colonization, 22. Secret of the digHAWKINS, arrival of the family of, 263.   nity which belongs to the early epoch
Their various family seats, 263. Two    of American history, 22. The settleof its most distinguished members,  tient at St. Mary's, a striking case, 22.
263. Interesting memorialof a judge INDIANS, upon the Chesapeake, and its
of the Provincial Court, 264. A com-   tributaries, 108-114, and 196. Their
missioner to the Indians in 16S9, 8.   friendly relations with the colonists,
Indirectly connected with the family   108. Treaties of the Lord Proprietary
of Lord Baltimore, 264. Connected    with the Indians, 166. The C(hesawith the Williamses, of Roxbury, 264.   peakes, 108. The Yoacomnicos, 109.
A large posterity, 264.                 The Jlatapeaks, 110. The Accomscc,
H:LnXD-CLOTaES.  See Mrs. Fenwick's   112. The Poewltsatans, 109 and 112.
Wvill.                                  The Pattsexents, 111.  The PiscataHIEBDEN, Thos., his gift to the R. C. ITis-    eoays, 111.  The Sesqe7ecasnnocks,
sionaries, 246.  His Deposition, 121.   1(). T'he Ozesies, 111. The Tock.
HEMPSTEAD, Hon. lIrs., her ancestry,   qoltoghs, 111.   Tilhe.,bsttcspacniensts,
83.                                     169 and 196. K.lslccarawooaks, 111.
HaERMANs, of Bohemia Manor, their pos-   The Iroqusois, 113. The Choptac    l c,
terity, 81 and 264.                     111.  The Navtieokes, 111.  The
HERIAN, Augustine, a native of Pra-gue,    tVicomocots, 196. The Lamascon85; distinguished in the early history    soss, 196. The Hichathwixosis, 196.
of NewYork, 80. His Treaty with the    The Chopticons, 196.  The DPlaueasquehannoeks, 10)7and1269. Settle-,cares, 112.   St. Tammany, 112.
ment upots Bohemia Itiver, 8V. A    Psone, hosnsity, and other words de



282                               INDEX.
I.                   I                  J.
rived from the Indians, 122. Lega- JAnno, Col. John, his legacy to the Rev.
cies of Mrs. Fenwick to the Indians,   Father of St. Ignatius's Chapel, 225.
216. Trial of the Piscatatwcys, 152.   His relationship to the Hon. John
Acquittal of the P1atuxents, 233.   Pile, 225. Itis gift to Walter Peake's
Indian name for St. MIary's, 4S. In-   daughter, 249. lHis deposition relatlian  name for Philadelphia, 166.   ing to Mr. Thornborough's claim, 243.
Two Indian arrows pledged by the    See also Arrivals.
Proprietary to the Crown, 115. In- JARBOS, their arrival, 84. See also Col.
(dian half-breeds, 108. The blood of    Jar'oo.
Aboriginal Chiefs represented by the  JEWS, 62.  Case of Doct. Lumbrozo,
Goldlsboroughls, and other families,   65-67.
103S.  eulder of Rowland  Williams, JowLs, Col., a leader in t'he Revolution
212.  Indian  slaves, 117.  Indian    of 1689, 90-104.
Money, 1Il and 119. Charge of con- JURIES: —A jury of twelve Protestants,
spiracy with the Indians, against the    154-155. A mixed jury, 155. Roman
Ronian Catholic Deputy Governors,   Catholics did not ask for a jury of
83. The labors of the Missionaries,   their own faith, 243. A jury of twen113 and 160. TreatiesatAlbany,lS.   ty-four, in the case of the PiiscataSusquehannah Fort, 269. Indian corn    cray Indians, 151. See also Cases.
cultivated, at a very early period,
122.
I'Gai,  Capt. Richard, his residence,                     K.
210. Name of his shp, 210. A Pu-itan pirate, 210. Hlis robberies, 210. KENT County:-See  Anglo-Catholics;
See also many of the Assembly-men    andl Isle of Kent.  Also Arrivals;
of 1649.                                and Col. Clayborne.
Inoquois, 112-114. Called " The Five KOWLEDGE,, tile present imperfect state
Nations," 113. Also, " The Northern    of historical, 15-17.
Irndians," 113. A very warlike con- KUSKARAWOAKS, the great makers of
federacy, 113. Their dwelling-place,   peauke and rsoanoke, 111. The mer.
11'.  Alarm  of the cololnists, 113.   chants of Aboriginal Maryland, 111.
Ofr' relations with the Iioqcois con-   Represented by the  ehopjtaUas, and
stitute a very important part of our   the  rTantieokes, 111.
Aboriginal llistory, 113. The Revolution of 16S9, the result of a panic,
89. Treaties atAlbanywith this con-                      L.
federacy, 113. Philemon Lloyd, and
Hlenry de Courcy, 113 and 114. Tes- LAxBDYITSS, their faith, 81.   Their
timonials in their faivor, from tile Go-    dwelling-place, 81.
vernor and the Assenmbly, 113.         LABORS of the early missionaries, the
Is-AtmLISN, 15 and 11,.                    most interesting chapter in the AboISLE OF KENT, settlCleent unl(er Clay-    riminal Iiistory of Maryland, 113, and
borne, 43. Origin'l crntre of Kent t     15-160.
County, 44. Seat of opulence and  LACIILANS, of -Montgomery county, and
elegance before thle American   evo-    of Missouri, their ancestry, 83.
lution, 45.  ]Boul'ght of Aboriginal LACOUNTS, a Fr'ench family, 84. Their
chiefs, 44. Under tlhe jurisliction at    arrival, 8i4.
Jamestown, 43.  A   nitdriled of St. L.t COLNT, Chlief Justice of Kansas, his
MIary's, 45.  1 rectel into a Coiatyi,   a lcestry, 84.
45. Annexed to Talbot, 10owto  Queeni  LasaMAS, tlieir arrival, 84.  A gallant
Anne's, 4. Tile M ill, 44. Kent Fort,   representlative, 84.
4t. Kent Fort Ma nor, 4t.  Court- Lst SrSCONSONS desire to put thlemselves
Hlouse, 45. - Fort Crayford, 44.  I'el-   under thle proprietary's protection,
ics, 45. See also Anglo-Catllolics; and    196.
Assemblies.                           L.AND-TITLES, colonial, 115.
LAND-TITLeS, Indian, the policy with reJ.                      gard to the purchase of them, 52 and
16S.
JA',FSTOXSr, settlemcent at, 41        LaWirIEus of 1649, 128. Their names,




INDFX.                               283
L.                                       AI.
130 and 134-135.  Fragment of the    faith, 231-232.   A  soldier, in  the
Journal of 1649, 130. Confirmatory    march of 1647, 231. H1is posterity,
extract from the Journal of 1650, 131.    232.
Documents of 1650, establishing the  MANORS, 115. The seats of an early
inference drawn from  the fragment    aristocracy, 115-117. Calverton, 196.
of 1649, 132-135. Per-diem of 1649,    Cornwallis's  Cross, 209.   De  la
49, and 130.                             Brooke, 75. Fenwick, 208. Kent Fort
LAWS. See Assemblies; and Charters.    MIanor, 44. St. Clement's, 33, and 241.
For the Law relating to cattle-marks,    St. Gabriel's, 115. Bohemia, S0.
see 226.                              MAARSH, Hon. Thomas, his posterity, 69.
LEARNING, low state of, 125. Gentlemen    Major's Choice, 107. An award, 120.
make their marks, 125.                   Signer of the Treaty with the Sasqu~eLEEDS, arrival of the family, 262. A    /hannocks, 111.  A member of the
distinguished posterity, 262.            council, 70.
LEGISLATIVE heroes, 162-253.             MIARSH's  Creek, the original boundary
LETTERS sent by private hand, 122.   line of Calvert, 107. Its identity with
Official dispatches by a special mes-    Fishing, 107.
senger, 122.                           MARSHALLS, of St. George's, 146.
LswIS, Lt. Winm., his case, 31.          MARTIN, Capt. Nicholas, a representaLIBERTY, 116.  Existence of practical   tive from the Isle of Kent, at Jamesliberty, at the foundation  of the    town, 46.
colony, 116. Early democratic ele- MARYLAND, her name derived from  a
ment, 42. Independence of the Re-    Roman Catholic Queen, 150. Origlpresentatives, 49 and 50.                nally a feudal principality, 42, and
LIFE OF THE PLANTERS, 121. Specimen    116.  Her Patron Saint, 226.  Her
of more than ordinary comfort, 222.   guardian angels, 226.  Her Roman
Inventory of Phil. Conner, 222. See    Catholic gentry, 116-117.  See also
also Mrs. Fenwick's will;  and the    the Calverts; Cornwallis; the Neales;
whole of the Ninth Chapter.              and other families.  See also Maners.
LLOYDS, originally from  Wales, 81-S2.    The Cradle of Religious Liberty, 37.
The Welsh rivers, Severn, and Wye, MAssI, Sarah, her identity with the widow
82.                                      of the Hon. Thos. Marsh, 73. A MinisLLOYD, Hon. Edward, his posterity, 69.    ter, in the Society of Friends, 000.
LLOYD, Philemon, 113. Commissioner    Bequest of Doctor Sharpe, 78.
at Albany, 113. Testimonials froin  MATAPEAXES, 45 and 110.
the Governor and the Assembly, 113. MATTHEWS, Doct. Thos., of St. Inigo's
Interesting character of the treaties    132.  His faith, 227.  Cattle-mark,
with the Iroquois, 113.                  227. Gift to the son of Walter Peake,
LLOYDS of Wye IIouse, their ancestry,    249. Elected in 1650, 132. Succeeded
69.                                     by Mr. Fenwick, 132. Estates with
LOCKERMIANS, their arrival, 85.           the R. C. prefix, 250.
LONDON, founded by Col. Bulgess, 73. MATTAPANIENTS, one of the most friendly
Early rival of Annapolis, 73. Erect-   tribes, 169. Their dwelling-place, the
ed, in 16S3, into a port of entry, 117.    store-house of the Missions, 169. The
LowEs, their arrival, 266. They came    residence of Lord Charles Baltimore,
from  Denby, 266. Their arms, 266.   169. The home of the Sewalls, 169.
Close connection with Lord Balti-  MATTaPANY-hOUSE, the residence of the
more's family, 2(;6. ~                   Sewalls, 169; and of Lord Charles
Lows, IIon. E. Louis, arrival of his an-    Baltimore, 10(9.  The  Government
cestry, 266.                            Hlouse, 169. The siege, and surrender,
99.
M.                    MAUNSELL, John, his life, 237-241. IIis
faith, 238-241. Col. WVm. Evans, tlme,IGnRUDEoRS, their arrival, 83. One of    guardian of his son, and the godtime largest families of Maryland, 83.   father of AMary Maunsell, 240.
Will, and posterity of the emigrant, MAY, lion. Mrs., the ancestry of, 114.
83.                                    H IELONS, 121.
MANNERS, George, a lawgiver of 1649, MITCHEL,  Mrs., ancestry of, 114.
135. Notice of his life, 231-232. His  SIONUMENTAL RIEMAINS:-Epitaph of an




254                                INDEX.
M.                                       P.
early Deputy Governor, 73. See also    Watson's 107. The first foot-print of
St. Cuthbert; Colonel Darnall; tile   civilizationl upon the western shore,
family of Hawkins; and thle Bennetts.    106. Settlement under Colonel ClayMIORALS of our ancestry, 127.             borne, 78.
MORMONS, 62.                            PATUXENTs;-Their territory bounded
MIOUNT Ailry, the home of the Calverts,   on one side by the Pi.scatalways, 111.
170.                                    Large number of little nations and
tribes, 111. Their friendship for the
N.                      colonists, 111. They propose to put
themselves under the proprietary's
NANT;COKES, 111. Descendants of the    protection, 196. Five Patuzentstried
Kuscarcwoaks, 111.  Punished for   and acquitted, 203.
the murder of Rowland Williams, of  PATUXENT, settlement upon, 74-75. ProAccomac, 212.  The march against   bably Anglo-Catholic, 74.  Founded
them, in 1647, 231.                     by the HIon. Robt. Brooke, 74.
NAPKINS, freely used by our forefathers, PEAKE, a species of Aboriginal currency,
120.                                     111, and 119.
NEALES: —Their faith, 268. Their arri-  PEAKE, Walter, his life, faith, trial, exeval, 263.  Capt. James Neale, the    cution, posterity, &c., 247-253.
ancestor of the second archbishop  PEAKES, the time of their arrival, 247.
of Baltimore, 24-3. His gift to Mr.   The posterity of Walter Peake, 249.
Thornborough, 244. A favorite-of the  PEARCE, Hon. Jas. Alfred, arrivtl of his
English crown, 150. Natives of Spain,   ancestry, 262. Distinguished in the
85. Henrietta Maria, 150. Blood of    early history of Cecil, 262.
the Neales inherited by the Lloyds, PENNSYLVANIA: —Our boundary includand by other distinguished Protestant   ed Philadelphia, 167. Indian name
families, 150.                          for tllatcity, lb6. Tediousness of the
NEALE, AMost Reverend. See Neales.         controversy  with  the Penns, 167.
NEGRO SLAVES, 117. Their early intro-    Lord Hardwick's decision, 167. See
duction, 117.                           also New York.  Baltimore & Penn,
NEw-YARMOUTH, its site, 118, and 194.   166.
Its founder, 194.  The seat of Kent PILE, Hon. John, 186. A Privy CounCounty, 194.                            cillor of 1649, 135.  His faith, 188.
Naw YoRK: —The Iroqsuois, 113. The    Notice of his life and family, 186Swedes, 79, and 167. The Dutch, 79,   189. Related to the Tettershalls, and
and 167. St. 7T'nmany's Hall, 112.   to the Jarbos, 187. Ancestor, it is
A little colony from  Manhattan, 80,   supposed, of the Br1ents of Louisiana,
and 269.  See also Augustine Hler-   and the Carrolls of St. Mary's, 189.
man.                                     His posterity, 189.
NICHOLS, the family at Derby, their an-  PII.GRIMS CF MARYLAND:-The year of
cestry, 70.                              their arrival, 22. They brought with
NOBILITY, the early germ of, 116.          them  the germ  of religious liberty,
317. The Ark,87.  The Dove, 87.
PISCATAWAYS:-Title of their most pro0.                      minent chief, 111.  Boundaries of
their dominion, 111. Their territory
OPPOSITION of the Roman Catholics to    probably embraced the sites of Washthe political party represented by the    inffton and Baltihmore, 111.  PiscaPuritans, 256.                          taway half-lbreeds, 108. The chiefs
OYSTERS, 121.                             suhmit their gravest questions to
OZANIFS, 111,   Their dwelling-place    the proprietary, as their patriarch,
upon the Chester, 111.  Their affinity    165.  Mltirders upon the plantation
with the DelIscwares, 112.               of Capt. Gookins, 151. Trial of Skivqlt(sm7-7o20ege  and C7ouieot-wez(t, 151.
lVitrcosse, the emperor, 151. A trial
P.                      jury of twenty-f)lur, 152. Large number of Roman Catholic Jurors, 152,
PAcAs, their arrival, 262.                and 270.
PAL.MER'S ISLAND, TS. Its identity withl  PLANTATIONS, tile most striking feature




INDEs.                              285
P.                                    P.
upon the face of our early provincial   Tie Lanrmrs, 84.  The'Magruders,
Society, 118. Early Courts and Coun-   88. The Pratts, 262. The Sewalls,
cils held upon them, 118. The seats   265. The Shipleys, 82. The Snow.also of trade, 118. Their town-like   dens, 82.  The Spriggs, 265.  The
appearance, 118.                      Tettershalls, 187. The Tylers, 265.
PLANTERS, the merchants of the prov-   And the Wests, 268. See also Indians.
ince, 118. Descendants of the old PRINTING-PRESS, 122. 
aristocracy of England, 126.        PRIvY COUNCILLORS, 116.
PLY.MOUTH, settlement at, 41.         PROPRIETARY'S COIN, 119.
PocOsoN, the word derived from the In-  PROTESTANT DECLARATION. See Decladians, 122.                           ration.
POMEGRANATES, 121.                    PROTESTANT Revolution, 87-100.
PONE, the word derived from the In- PROTESTANTS, ratio of, to Roman Cathodians, 122.                           lies, in the Province, during the year
POPLAR ISLAND, settlement upon, under   1649, 147.
Col. Clayborne's auspices, as early as PROTESTANTS, in the Assembly of 1649,
1636, 78.                             187. Anglo-Catholics, 13T.
POPULATION:-Population of Kent, in  PROVINCIAL COURTS. See Courts.
1649, 145; of St. Mary's, 145. Popu- PROVINCIAL FAMILIES. See Families.
lation of the Province, in 1649, 145. PROVINCIAL towns: —The first Puritan
Its population, in 1689, 103. Ratio,   town, 69, and 177. London founded
in 1649, of the Protestant to the Ro-   by Col. Burgess, T8. Early rival of
mran Catholic colonists, 147-148.     Annapolis, 73. London erected into
PossRssIONS of our forefathers, their   a port of entry, 117.  Annapolis
lands and servants, flocks and herds,   erected into a port of entry, 117.
2'82. See also Life of the Planters.  Becomes the seat of the Provincial
PosT, 422.                              government, 108.  New  Yarmouth
POTATO, derived firom the Indians, 122.   founded by Major Ringgold, 194. Its
The word also borrowed from them,   site, 117. York, 117.  See also St.
122.                                  Mary's City; and Plantations.
POWHATANS:-Number of the nations PULTON, Rev. Father, 159.
under their sway, 109. Their dortin- PUNCH, a favorite drink, 120.
ion upon the banks of the Patuxent, PURITANS: —Their arrival, 68.  Their
109. The Accomacs included within   first town, 69. Greenberry's Point,
their territory, 112. See also C/Lests-  a.n  the Severn, 69. Gov. Bennett,
peskes.                                Hon. Edward Lloyd, and Hon. ThoPRATT, Hon. Thomas G., arrival, and   mas Marsh, 69. Puritans represented
residence of his supposed ancestry,   in the Assembly of 1650, 70. The
262.                                  Puritan speaker, T0. The ascendenPRICE, Col. John, a lawgiver of 1649,   cy of the Puritans, a period of intol134. A Privy Councillor, 134. His   erance, 86.
faith, 184. Could not write, 51. A
soldier, 183. Service in the contest                  Q.
with Ingle, 183. March against the
Eastern  Shore Indians, 281.  His Q UAENSs:-Their- arrival, 76.  Their
high character, 184.  Notice of his   peculiar relation to the government,
life and family, 183-185.              63. Refusal to take the oath of sub.
PRINCE GEORGE'S County, erected in   mission, 63. Their case examnined,
1695, 106. Carved out of Calvert and   63 and 65. The exaggeration of hisCharles,106. Charleston, itsoriginal   torians, 65 and 78. In 1659, in a leseat, 118. New-Scotland, 82.  The   gal proceeding, a Quaker affirmed,
Addisons, 267. The Beales, 83. The   6T. George Fox, 76. He preaches,
Bowies, 83. The Brashaers, 84. The   in the province, 77. His powerful elBrookes, 15.  The Burgesses, 261.   oquence, 77. Rapid growth of the
The Calverts, 170. The Claggetts,   communion, 77.   Names  of the
266. The Contees, 84. The Darnalls,   preachers, in 1672, 78. Respectabil26T. T   Dl)avises, 261. The Dinios-   ity of the Friendls, 6.5 and 77. D)oct.
sas, 79.  The Du Valles, 84. Thile   Peter Sharpe, 7.  Interesting exEdmonstons, 83. The Hattons, 206.   t ract f!(:nl hlls will, 7S. The Sharpes,




286                                 INDEX.
QCti~~~ I   ~PR.
the Prestons, and other prominent   Catholic Toleration, 254-259. Oviter
Quaker families, 65, and 77.  The   throw of the Roman Catholic propricCliffs of Calvert, 77. West RIiver, 77.   tary in 16S9, 87-100.
The Choptank, 77. Sharplc's Island,
78.  Widow  of the lion. Thomas
Marsh, 78.                                              S.
QUEEN ANNE'S County, 45.  The Ben-'
netts, 69.  The Conners, 222. The S.AcK, a favorite drink, 120.
De Courcys, 114. The Formans,70. SACROSANCTA, its use by the  Latin
The Goldsboroughs, 263. The family   fathers, 54.
of IIawkins, 26:3.  The Thompsons SACROSANCTA DEI ET VERA CIIRISTIANA
264. The Tilghmans, 263. See also    RELIGIO, its meaning, 27, 54-56.
Isle of Kent.                         SAINT. See Estates; and St. Mary's
County.
ST. IGNATIUS, the patron saint of MaryP.,                  I  land, 226.
ST. MARY, the Vilrgin Mother, applicaRPiCAms, of Kent, their arrival, 84.      tion to her, upon the early Provincial
IRICAUD, lion. Jas. B., his ancestry,   Recordls, of the terru cver-iunoasscu84.                                     late, 228.
RIcUIARDsoNs,  of WCfeot River, S2.   A  ST. MAvRY'S CITY:-The first provincial
branch at Eut.ra-Place, Tih. T'heir   capital, 49. Named in lhonor of the
arrival, 82. A Quaker family, 77.       Yirgin Mother, 48.  Founded upon
RIGoIE, Rev. Father, 159.                 the site of an Aboriginal Village, 47,
RINaGOLDS, 261. One of the old and    The Chapel, 392. Thie Fort, 32. The
leading families of Md., 194. Their   State I-ouse, 117. Siege of 16S9, 97.
arrival, 261.  Founders of New-Yar-   Surrender of the State House, 97.
mouth, 194.  Their relationship to    Seizure of the Records, 97. Fall of
the family of Capt. Vaughan, the    St. Mary's, 108. A shrine, 48.
Privy Councillor, 193. Distinguished,  ST. MIARY'S COUNTY -The country of the
for the period of two centuries, at    Yaocoezicos, 46. The treaty, 46-47.
every epoch, in our history, 194.       Subsequently  called Augusta-CaroRINGGOLD, Thomas, foreman of the trial   lina, 47. The home of the Roman
jury, in the cases of Robt. IHolt, and    Catholics, 149. Roman Catholic hunParson Wilkinson, 153.                  dreds, and manors, 155. The seat of
RoANOKE, a species of Aboriginal cur-    a IRoman Catholic mission, 15S. See
rency, 111, and 119.                    also St. Mary's City; and Estates
RoarsN CATIOLICS -Compact between    with the Roman Catholic prefix. Also
an Anglo-Catholic King, and a Roman    Arrivals; the Lives of the early lawCatholic Prince, 26. The arrival of    givers; and Provincial Families.
Roman Catholic Missionaries, 158- SALISBURY, the family seat of the Piles,
159. Their labors constitute the most   186.
interesting part of our Aboriginal SCARF. See will of Mrs. Fenwick.
IIistory, 113, and 158. The seed of  SCOTCHI EMIGRANTS, 82.  The Beales,
Religious Liberty planted by the Pil-   Bowies, Edmonstons, and Alagruders,
grims at St. Mary's, 37. Honor due    83. See also Prince George's County.
to the first Romlan Catholic proprie- SEALS. See Armorial Seals.
tary, 84, and 162-168; to the first SECRETARY, office of, one of great digRoman Catholic Governor, G6-3S, and    nity, 203.
171-174; to  the Roman  Catholic  SERvriuDE, three kinds of, 117.
Assembly of 1649, 53; and to the  SEWALL, IIon. lIenry, the ancestor of
RPoman Catholic freemen of the Pro-   the Sewalls of Mattapany-Sewall, 169,
vince,-160. St. Mary's County, the    and 265. A Privy Councillor, 169.
home of the Roman Catholics, 149. SEWALL, lion. Maj. Nicholas, step-son
Roman Catholic hundreds, 157. Ratio    of Lord Chlarles Baltimore, 72, and
of the Protestan t to the Roman Catho-   261.  Son-in-law of he lion. Win.
lic population of the Province, at the    Burgess, 72, and  261.  A  Deputy
period of the Assembly, 148. Spirit  -Governorin 169, 96-100. Overthrow
which distinguishes the era of Roman    of the Government, 99. Vindicated




i: X-x                                287
~aainst the charge of a conspiracy, STATE OF SOCIETY, 1OS-1 2T.
87-100.                               STONES, 262.  GOV. Win. Stone's life,
SEWALS, of Mattapany-Sewall, their   175-179.  President of the  Privy
ancestry, 261) and 265. Their rela-    Council, at the Assembly  of 1649,
tionship to the Burgesses, 73, and 2Ci;    134. Year of his arrival, 176. His
and to the Calverts, 169.               kinsmen at London, 1T5-176.  RelaSn.K.AMAXON, Indian name for a part   tionship  to  the ancestor of Gov.
of Philadelphia, 166.                   Sprigg, 175. Ancestor of the Stones
SHARPE'S ISLAdD, originally called Clay-    of Poynton 3Manor, 178-179; of the
borne's, 78. A settlement probably   thlid Anglican Bishop of ABd., 179;
under Col. Clayborne, 78.               of a signer of the Declaration, 179;
SHIPLEYS, of Anne Arundel, and other    of a member of the Convention of
Counties, 82. A branch, at Enfield    1TSS, 1SO; of a Governor of the
Chase, 82. Their arrival, 82.           Sta te, 180  and of a Commissioner
SIaNET-R!so, one of the articles of a    for the reformi of the practice, in the
provincial gentleman, 123.              Courts, 14:).
0ILVER-PLATE, 12).  Its richness sand  STO.E, William, the Governor in 1649,
massiveness, 120. Much of it kept   43. Sketch of his life,chalractcr, and
by our ancestors, 120. They carved    family, 175-130. See also Stones.
upon it the arms of their own fore-  STONE, Frederick, the Commissioner,
fathers, 120.                           his ancestry, 180.
FulGo-TA-Ao-MOuGi, a Piscjtaway Indian, STONE, Rt. Rev. Win. M., his ancestry,
tried, convicted, and Pecuted, 151.     179.
SesTTn, Mrs. Barbara, wife of Richard, SToNE, Thomas, the Signer of the Decla90. IIer narrative, 90-93. Hier ar-    ration of Independence, hlis ancestry,
rival at London, 93.                    179.
SMITe, Richard, ancestor of the Smiths  STONE, John, a Governor of 1Md., lis
of St. Leonard's Creek, and of the    ancestry, 180.
Dalanys, and Addisons, 99.  Con- STONE, Michael Jenifer, member of the
nected with the family of Somerset,   Convention of 1788, his ancestry,
98. Opposed to the Revolution of    180.
1689, 98.  A  brave and generous  STOOLS much used by our forefathers,
spirit, 9S. His imprisonment, 90-93    119.
and 100.                              SUGAa, its occasional use, 120.
SMYTH, lion. Thlos., opposed to the Rev-  SurTOtS, 117. See also Manors.
olution of 1639, 92. A signer of the  StnvEYoa GENERAL, an offcer of much
Address to the  Crown, from  the    dignity, 135.  Usually sat in the
County of Kent, 95. Ancestor of the    Council, 135.
Smyths of Trumpington, and of Ches- SUSQUEHaINNOCS: —A powerful Confedtertown, 92. A Protestant, 95.          eracy, 110.  Chief dwelling-place,
SNOWDENS, of Prince George's, and of    110. Wide extent of their conquests,
other counties, 82.                     110. They invade the Yocacomicos,
O.,MERSET County erected, 105,             upon  the  St. IMary's, 47 and 11t.
SPALDING, Rt. Rev. Martin J.,'bishop of    Their noble fiSgure, 110. Kindness to
Louisville, his relationship to the    Capt. Smith, 110. Their treaties with
Fenwicks of St. Mary's, 218.            Maryland, 111. Signers of the treaty
SPpNISH  EmAIGRANTS, 85.  Children of    in 1652, 111. Territory ceded, 111.
Capt. Neale, 85.                        Treaty with Hierman, 111 and 260.
SPESUTIA Island, 107. IIerman's trea-    They absorb the Tocukwliogles, 111.
ty, 107, and 269.             "         Susquehannalh Fort, 269.
SPRIGGs, arrival of, 205. Their proba-  SWEDES, their settlement upon thie Deble family seat in England, 265. The    laware, TS. A fond rememblrance of
relationship of the emigrant to Gov.   their fatherland, 79.  Refugees  in
WiU. Stone, 175.  Foreman of the    Maryland, 79. Col. Hanse Hanson,
Julry, in the case of Walter Peake,   79. His posterity, 79.  Natives of
251. Ancestor of Gov. Sprigg, 265.      Sweden in Maryland, 85. Claim  of
STARcKIE, Rev. Father, 159. A legacy    the Swedes upon tle L'elarare, 1(87.
given him, 214.




288                              INDEX.
T.                                     T.
TAFFETA. See Mrs. Fenwick's will.        prietors of the site of Chestertown,
TANEY, Michael, high sheriff of Calvert,   263. Tilghmans, of Hope, 264.
96.  Ancestor of the Chief Justice, TOBACCO, 122. The common currency
97. Opposition to the revolutionary    of the province, 119. The great pro.
party of 16S9, 101. His imprisonment,   duct, 122. The large trade in it, 122.
10)8. Attitude before the Assembly,   A source of revenue to the English
93, and 104. His letter to Mrs. Smith,   Crown, 122.
100.                                 TOCKWHOGHS, their seat upon the SassaTANEYS, their arrival, 265. Faith of the   fras, 111.  A ferocious tribe, 111.
emigrant, 265.                         Probably absorbed by the Susque/masTANEY, HQn. Roger Brooke, his ances-   nocks, 111.
try, 75, and 265.                    TOLERATION, not yet defined, 18 and 23.
TABLES, their early shape, 120.          The past, 23. The future, 23. The
TALBOT, Deputy Governor, 251.            pride of a Marylander, 24.  The
TALBOT County, erected, 105.  York,   toleration secured by the charter, 26.
118. The Goldlsboroughs. 263. The    Toleration under the first Governor,
family of Leeds, 262.  The Lloyds,   86. Toleration implied by the official
69. The Lockermans, 85. The Lowes,   oath, 39. Passage of the Toleration
266. The Tilghmans, of Hope, 264.      Act, 52-53. Provisions of the Act, 54TEA, its great scarcity, 120.            64. Its influence upon the colonizaTE.TTERSHALLS, their English family seat,   tion of Maryland, 68.
187. Related to the Piles, IST. Resi- TowNs. See Provincial Towns.
dence in Prince George's County, 187. TRADE: -See  Currency; Plantations;
Related to the Jarbos, 1S7. William    Tobacco ^nd Towns.
Tettershall's legacy to one of the  TRAvELLING, 122.
missionaries, 225.                   TREATIES of Lord Baltimore with the
" THE ARK," 37.                          Indians, 166.
"' TuE DOVE," 37.                      TUNNELL, Thomas, his discharge, 234.
TEHOMASES, of Anne Arundel, and other TYLERS, their arrival, 265. Name of the
Counties, 82. Their arrival, 82. Their   emigrant, 265.  His posterity, 265arms engraved upon a gold-headed    266.
cane, handed down to the present TYLER, Saml., arrival of his ancestry,
generation, 82. Their identity with    265-266.
those of a well-known Welsh family,
82.  A distinguished posterity, 82.
An  early and  prominent Quaker                       U.
family, 77.
TaoMAs, Philip Evan, (first president of  UTYE, Col. Nathaniel, a pioneer, 10r.
the B. & O. Railroad,) his ancestry,   Spesutia Island, 107.
82.
THOMPSON, Rev. John A., ancestry of,
264.                                                  V.
THOm.PSONS, 264.  Their arrival, 264.
Descendants of the Herlmans, of  VAUGHAN, Capt. Robert, a lawgiver of
Bohemia Manor, 264. Colonel John    1649,135. A Privy Councillor, 135.
Thompson, 264. The name of Augus-.   Commander of the Isle of Kent, 191.
tina, 264.                            his faith, 190.  Posterity, 193-194.
THORNBOROUGa, Thomas, 242.  Sketch    Relationship to the Ringgolds, 194.
of his life, 242-246. Mr. Neale's plan-   Fidelity during Ingle's rebellion, 191.
tation, 242-244. Mr. Thornborough's   Notice of his life, 190-194.
supposed faith, 244-245. His proba- VINE-YARDS, 121.
ble relationship to the ancestor of an  VIRGINIA:-The Accomacs, 112. The
archbishop, 246.                       Chesapeakes, 109. The PowhataLs,
TILGHMANS, 263.  Their arrival, 263.   109 and 112. Settlement at JamesTheir coat of arms, 263.  English   town, 41. An Anglo-Catholic colony,
family seat, 263. Chief family seat   27. Extract from  the charter, 27.
in Maryland, 263.  Distinguished    Kind reception of Capt. Smith by the
representatives, 263.  Original pro-   Susqccehatnmocks, during his explo



INDEX.                                 289
W.                                      W.
ration of the Chesapeake, 110. Ma-   retary Hatton, 204. His residence
ryland embraced within the original   in St. George's Hundred, 146. His
limits of Virginia, 168. The charter   occupations, 146.  His indictment,
for the latter taken away before the    153. A Protestant jury, 155.
date of the one for Maryland, 168. WILLIAMS, George Hawkins, his ances-,Settlement upon  Kent Island, 43.   try, 264.
Off-shoot of an Anglo-Catholic colo- WILLs OF OUR ANCESTRY:-Their historny, 142.  Kent Island represented    ical value, 156. The bestkey to their
by Capt. Martin, in the Assembly, at   faith, deep domestic  affection, and
Jamestown, 46. Cattle-stealing, 124.   pietyr, 156. Ratio of Protestant to
Arrival of the Puritans from Va., 68.   R. Catholic wills, in the whole provGov. Stone's residence  there, 175.   ince, anterior to 1650, 15T. See also
Gov. Bennett, 69. See. also Isle of    Finger-rings; Mrs. Fenwick's Will
Kent; and Col. Clayborne. Punish-   and many others.
ment of the Nanticokes, 212.          WILMERS of Kent, 263.
WITCHCRAFT in Maryland, 125. Cases
of Mary Lee, and John Cowman,
125.
W.                    WOOD-YARD, the home of the Darnalls,
subsequently of the Wests, 268. PreWAINSCOTTED WALLS, 120.  Much ad-   servation of relics, 268.
mired, 120. Specimens still preserv- WoaRDs:-Derivation  of Mitchel, 50.
ed, 120.                                Meaning of ~icel-getheaht, and of
WELSH emigrants, 81-82. The Lloyds,    Witena-genot, 50-51.  Pone, and
Richardsons,  Shipleys,  Snowdens,   other words derived from the Indians,
and  Thomases,  81-S2.   See also    122. Catholic applied, upon the earLloyds.                                 ly provincial Records, to the English
WESTS, 261. Their family seat, 267.   Church, 32 and 235; and ever immnnaPreservation of relics, 268.            culate, to the Virgin Mother, 228.
WHITE, Rev. Father, 159-160. "The   The meaning of Churbch, when used
Apostle of Maryland," 159.              by itself, 197-198, and 232.  1Ioly
WICK:sS, Col. Joseph, arrival of his an-   CGhurch, in the early Acts of the Ascestry, 262.                            sembly, included the English as well
xWTICKES, arrival of the family of, 262.   as the Roman branch, 81. It subseOne of the most distinguished of   quently  embraced all believers in
Kent, 262. The affection of the em-   Christ's Divinity, 55 and 61. Sacroigrant for a young Swede, 79. Ihis   saecta, in the Latin fathers, 54. Scatestimony against the revolutionists   crosanlcta Dei et vera Christiana
of 1689, 93-94.  IIis posterity, 262.   religio, in the Charter, 27 and 56.
lie signs an Address to the English  _Ionorable given to Privy CouncilCrown, 95.  Chief Justice of the    lors, and Judges of the Provincial
County Court, 93. His faith, 93-95.    Court, 186.
WICKLIFFES, of St. George's, 146-147.   WORTHINOTONS, S3-S4. Their early posWICKLIFFE AND WESLEY, 147.                sessions upon the Severn, and upon
WICOMICKS, march  against, 231, and    the Patapsco, 84. Will of the emi232.  Col. Price, and Mr. Manners,   grant, 84.
231.                                  WROTHS, their arrival, 265. Their preWICOINOCONS desire to put themselves   sumed descent from  a highly distinunder tile proprietary's protection,   guished English family, 265.
196.                                  WROTH, Mrs. Catharine, her ancestry,
WIGWAwM, the first chapel, 159.           79.
WILD GRAPE-VINE, 121.                   WROTH, Doct. P., his ancestry, 265.
WIt.D STRAWBERRY, 121.
WmILKINsON, Rev. Winm., the first AngloCatholic clergyman  of St. Mary's,                       Y.
145 and 204. His arrival, 204. Arrival of his family, 204. Marriage of YoACOMICOos:-Their dwelling-place uphis daughter to a nephew of Mr. Sec-   on the St. Mary's, 109. Invaded by
11




29 0                            INDEX.
Y.                                   Y.
the XSusqueelanenoces, 47 and 110.   ry's City, 47. Treaty with Gov. CalTheir country, by the Pilgrims, call-   vert,46-4T, and 166. Kind reception
e(l Augusta-Carolina, 47. Village of   given, by the Yo.aoomuieos, to the
Yoacomlico, 4S. The Site of St. Ma-   Pilgrims' of Maryland, 46-47 and 109.
THE END.