/
■/ »<-.
THE DAY-STAR.
THE
DAY-STAR
OP
AMERICAN FREEDOM;
OR
THE BIRTH AND EARLY GROWTH
OF -
TOLERATION,
IN
t
THE PROVmCE OF MARYLAND:
A SKETCH OF THK COLONIZATION UPON THE CHESAPKAKB AND ITS TRIBUTABH8, PKECEDING THE REMOVAL OP THE GOVERNMENT FROM ST. MARY'S TO ANNAPOLIS J
A Glimpse of Vie Numbers and General State of Societi/, of the Religion
and Legislation, of the Life arid Planners of the Men, who Worshipped
in the Wilderness, at the First llude Altar of Liberty.
BY GEORGE LYM-LACHLAN JDAYIS,
OP THE BAR OF BALTIMORE.
NEW YORK : 0. SOKIBNER, 145, NASSAU STREET.
BALTIMORE :
JOHN MURPHY tt Co., 178 MARKET STREET.
1855.
Entered according to Act of Congrew, In the year 1MB, by
GEO. LYNN-LACHLAN DAVIS,
la tbe Cl«rk'» Office of the U. S. District Court, for the District of UarylwC
f \ %A
'S>^^
W. H. TISBON, STEBKOTYFBa.
fiSO. BUSSELL « CO., PBINTXSa.
DEDICATED
TO
THE STAT E
6 narrju - Porphyey
c c . . T^ roi^ tteon 'i'Cfray^ —St. Padi-
PREFACE
The papers, I will cite, are, most of them, taken from the Archives, at Annapolis, and at London. Those at the Capital of my State, may be seen in the Executive Chamber, in the Armory, in the Hall of the Court of Appeals, in the Land Office, or in the Office of the Register of Wills. And the documents transmitted to me, were obtained, through the aid of an Index, from the EngHsh State-Paper Office.
For the sake of brevity, I will generally omit the depository. The two Records designated by A. B. <k H., and by Q., can be consulted, in the Land Office. Where the " Xo." 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-
via 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 docu- ments 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. Wm. 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 atten- tion, 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 Upper- Marlborough.
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 mani- fested 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 M. Topping, Wm. Meade Addi- son, Esq., Prof. Saml. Chew, Hon. E. Louis Lowe, Doct. Peregrine Wroth, Rev. Saml. R. Gordon, Jas. E. Barroll, Esq., Prof. George Eenwick, and Genl. Thos. E. 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.
1*
CONTENTS.
CHAPTER I.
Toleration— Its Logical Relations—Its History cannot yet
be Properly Written, . . . . P . .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, . . 20
CHAPTER IV. The Toleration under the First Governor, .... St
CHAPTER V. The Toleration Implied by the Official Oath, ... 39
CHAPTER VI.
The Assembly of 1649 — Kent, and St. Mary's Represented — . Sketch of their Early History — Passage of the Tolera- tion Act, . .41
Xli CONTENTS.
PA«B
CHAPTER VII. " The Act Concerning Religon," • . 64
CHAPTER VIII.
Its Influence upon the Colonization of the Province — Arrival of Families — Foundation of Settlements — Erec- tion of Counties — Protestant Revolution, in 1689, . 68
CHAPTER IX. State of Societj, from 1634 to 1689, 108
CHAPTER X.
The Luw-Givers of 1649— Their Names — A Fragment of the
Legislative Journal, . 128
CHAPTER XI. Their Faith— They Sit in One House, 136
CHAPTER XII.
The Whole Strength of the Roman Catholic Element, in the
Assembly, 138
CHAPTER XIII.
The Burgesses, as a Distinct Branch of the Legislature —
A Majority of Roman Catholic Representatives, . . 140
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 Marvland, 142
CONTENTS XUl
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
XIV 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
APPENDIX.
No. I. — Emigrants from England, .... 261
*• II. — Settlement upon the Bohemia, . . . 269
" HI. — Faith of the Jurors, in the case of the Plsca-
tawav Indians, ... . . 270
THE DAY-STAE.
CHAP TEE I.
Toleration — Its Logical Relations — Its History cannot yet bo properly written.
The marcli of tlie mind is slow. Of Islamism, the faitli 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 pro- found 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 com- prehensive sense, a history of Christianity. And ii: ia vain to hope, in the present state of know- ledge, for a satisfactory history of Toleration.
IG THE DAY-STAR.
Notwithstanding a regard for tlie rights of con- science, the haws 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 jurisdic- tion it exercises over questions of faith and ethics — questions, wliich 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
^ The English Church may be oppressed, or enslaved. But it is a great mistake to suppose she has ever acknowledged the supre- macy of the Civil Magistrate. See Magna Charta, the Works of Lord Coke, and the late Writings of the Rt. Rev. Doct. Philpott, of the StJe 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 cen- tury. 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 DAT-STAR.
man will be called upon to endure), it ^vill be impossible to find the central-point involved in tlie great problem of Toleration ; or to grasp it. in all its liigbest logico-historical relations.
IfiLAMISM* 19
CHAPTER 11,
The Visible Influence of Ideas^TTie Charm of External History— niustratioas from Islamism, from Christianity, and from Tolera- tion
Yet Islamism lias 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, des- tined 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 wilder- ness, 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 deriv- ing its original strength from the simple words, he
20 THE DAY-STAE.
had uttered ; tlie 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 civil- ization that impulse, which will be felt through all ages ! 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 eccle- siastical 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 phy-
^If Newman and Ranke touch this subject with eo much caution, an unwillingness in myself to go beyond a mere sugges- tion, indicates no affectation of modesty.
CHRISTIANITT. 21
sical, intellectual, and other powers of the civilized world. From the Crusades to the present, from childhood to hoary age, o\'^: the dream of the vir- gin, 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 ISi'ights,*' or the most truthful and enchanting pic- ture, the hand of man has sketched, either of do- mestic 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 victo- rious 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 gross- ness, still proclaims the divinity of his original nature, by the interest he manifests in the contest
22 THE DAY-STAR.
of the intellectual 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 ; hj 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 recollec- tions, which have been handed down to our own generation. The idea, which our ancestors brought with them to the forests of Maryland, was appa- rently 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
IDEALITT. 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. Yiewing 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 Ame- rica. But we have much information respecting its external history ; something also will I tell of
24 THE Day- STAR.
its origin and early growth in this country ; nor do I disguise the pride a Marylander must 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 j)roblems 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 inte- resting 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 consi- deration in the present state of the national mind, giving such striking indications of excitement in every quarter, 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
cli amber, from the dry and dusty records, from the living oracles of the past, I will now addresij the millions of my comitrymen.
26 TTTE DAY-STAR.
CHAPTER III.
The Toleration Secured by the Charter for Maryland.
The charter^ was a compact between a member of tlie 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 religions 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 pub- lications, which have appeared upon this prolific theme. It accounts for the prohibition of every con- struction inconsistent with the " true Christian religion^^'' — an expression coming from the lips of an English king, and resembling a clause in the first charter for the Anglo-CathoUo colony of Virginia *
* The words ia the English copy (see Sec. 22 of the Charter) are *' God's holy and true Christiaa religion 5" 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 5" the latter's, ''the holy service of God, and true Christian religion 5" and my own, '' the most sacred thine,., of God, and the true Christian religion." Mr. Mayer, indeed, sug- gests, in a note, the agreement of "sacrosancta " with "negotia ;" and gives no sufficient reason, it strikes mo, for substituting " rights " for " things." See his text, p. 28. The substitute is too narrow ; and I cannot, therefore, adopt it.
^ 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 propne- tary, 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 Ejing Charles's regard for the rights of his Anglo- Catholic 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.
^ 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 CONCOKDAT. 29
Mary's, than with that generally admitted sin- cerity of Lord Baltimore, which cannot be recon- ciled 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 pro- vincial 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
* The Act of 1639 declares that, " Holy Church, within this pro- vince, shall have all her rights and liberties ;" the one of 16iO, 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 THE DAY-STAK.
great charters of the English Crown, in the days of the Normans and of the Plantagenets ; ^ and, in both cases, the term ^^Holy^^ included the English as well as the Roman church.^ 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 libertiea 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 fii-st of Edward the First, that she " shall be free," and " have her whole rights and liberties inviolable."
^ 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 Fitzherbert, 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 mucli more compreliensive 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. Wm. 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 sectioa 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.
^ The case of Lewis has so often been published (see, e.g., Boz- man, 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 Aiiglo-Catliolic's rights, under tlie 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 gene- ral or governor, and the chief justice of the pro- vince. " lloly^'^ as well as " CatKolic^^ 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 tlie disturb- ance 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 men- tioned upon the Records— intended, no doubt, for the members of the English Church. See their petition to the Assembly, in 2 Boz- man, 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 CONCOEDAT. 33
given hj most writers to the Protestants, was pro- bably 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 pBbmi- nent Roman Catholic,' and npon the grouad of some clawi, if we may judge from an expression in the decision against him. In the proposjM, about the same year, for a transfer of the pre^nises to Lord Baltimore (an arrangement not imijiediately, if ever at all, effected), another Romaii Catholic gentleman was the ostensible owner c^ represen- tative of the title. And there is evidence to show, that at a very early period, the graveyard was tlie usual burial-place of the Roman Catholics.'' Some also of the colonists, who held land,iinder Doctor Gerrard, as the lord of St. ClemeiJ'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 Joha Lloyd, of St. Mary's — a Roman Catholic, who expressed the wish to bo interred "in ye ordinary burying-place, in St. Mary's chapel- yard." See his will of 1C58, in Lib. S., lGo8 to 1GG2, Judgments, pp. 74-75.
2*
34 THE DAY-STAE.
well as the Doctor's wife/ were Protestants. And he, and other Roman Catholics, it is not unreason- able to suppose, were partly instrumental in build- ing this little temple, in token of the concord' between the English and the Roman Catholic ; and where each, at his own appropriate hour, might offer up his sacrifice to the Most High.
Faithfully did Cecilius, the proprietary, execute the pledge he had given to the members of the Eng- lish 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,
^ The case of the Rev. Francis Fitzherbert develops the faith of Doctor Gerrard and his wife.
^ My theory respecting the object and ownership of the chapel, is by no means essential ^o 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 har- mony existed, barring a few Individual cases, as a living reality, independently even of the action of the Proprietary's govern- ment. 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, pre- sents 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 DAT-STAR.
CHAPTEK lY.
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 Angli- can and freedom to the Eoman Catholic — a free- dom 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 Pilgrims — not 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 TOLEKATION IN 1034. 37
Cheist. 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 lie whose moral sense has not been corrupted by bigotry, whose heart is not hardened by misfor- tune, whose soul (the spring of generous impulse) has never been dried up by the parching adversi- ties 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 the 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 adminis- tration 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 — Pkoscription of none.^ Keligious LIBERTY was a VITAL PART of the earliest common- law of the province.
^ The 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 reli- gion." The Protestant declaration of 1G50, also contains evi- dence independently of that, which relates to the Act of 1649.
THE OFFICIAL OATH. 39
CHAPTEE Y.
Toleration Implied ia the Official Oath,
At the date of tlie charter. Toleration existed in the heart of tlie proprietary. And it appeared, in the earliest administration of the afi'airs 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 d ite is still an open question — some writers supposing it was imj)osed in 1637 ; and others, in 1618. I am inclined to think the oath of the latter was but " an augmented edition"'
* See Brantz Mayer's "Calvert and Pcnn," pp. 46-47; Chal- mers'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 ofiicial oath, the second ; the action of the Assembly in 16i9, the third, and, to advo- cates of a republican government, the most impor- tant phasis, in the history of the general Tolera- tion. Tlie 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 lieutenant- general, 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.
A&SE]^rBLT OF 1649. 41
CHAPTER YI.
The Assembly of 1649 — Kent and St. Mary's Represented- Sketch 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,^ during the year 1649. This was about fifteen years after the landing of the Pilgrims, under Governor Calvert ; about thirty later than the set- tlement of the Puritans at Plymouth ; and more than forty, subsequently to the arrival of the Anglo-Catholics at Jamestown, in Yirginia. 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
^ 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.
4:2 THE DAT-STAR.
been virtually terminated ; tlie 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. "Wm. 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 dele-
* The Assembly was sometimes called " Parliament." See the Records ; also 2 Posman, p. 185, note.
KENT. 43
gates were sent by Kent and by St. Mary's, the only two counties at that time within tlie 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 Assem- bly, it is a remarkable fact, that for more than two centuries the most strongly marked diiferences have existed between the shores of the Chesa- peake, 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
^ It is supposed by some that the island derived its name from the birthplace of Clayborne. There were families of his name ia Westmoreland and York. But there is no trace of him in Phil- pot'a " Villare," or any other work I have seen relating to Kent. The island, I think, was named in boaor 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.
^ Bozman, vol. ii. pp. 67 and 582.
' 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 Kent Mill and Kent Fort. It was given by the proprietary to Gov. Calvert as a reward for his ser- vices 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 manor- house was burnt during his childhood ; but another, upon the same foundation, soon afterwards .built. The spot is easily desig- nated, being but a few hundred yards from the vault, and still nearer to a small clump of old and dwarfish damagoene-treeg, Tha
jj:ent. 45
of Queen Anne's* — an island still noted for the beauty of its scenery, and the wealth of its wa- ters 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 ;' and represented in the Yirginia
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 inte- resting localities, I was kindly aided by several intelligent gen- tlemen, especially by Doctor Samnel 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 Matapax Neck. See my paper presented to the Md. Hist. Society.
^ 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 ^ime, erected into. a county.
' 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 tlie 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
^ " 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.
^ The date of the settlement cannot be accurately given. The Rev, Ethan Allen supposes it was during the year 1G29. See Allen's Maryland Toleration, p. 8.
' The followinoj extract will show the manner in which Gover- nor 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 : aM 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. MAEY'S. 47
which had borne the appellation . of Augusta- CaroUna,^ 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 abori-
It 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 samej and thus, on ye 27th day of March, A.D. 1C34, 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 peo- ple that inhabit between Chesapeake Bay and Delaware Bay) 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 Yoa- comaco 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 Mary- land, 1G35."
^ In lionor, 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 whicli, like the river upon wliich it stood, derived its beautiful name from tlie 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 belong- ing 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 exj^ressions of profound gratitude to God.
The principle of compensation for services, it is proper to state, was not adopted by the memor- able Assembly of 1649. The only consideration
* 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 membei*s of our early provincial parlia- ments, 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 affec- tion for the person of the proprietary. But they lacked nothing of the spirit, or independence of 8
60 THE DAY-STAR.
freemen. They were not under the proprietary's dictation. The legislative annals are full of strik- ing 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 ISiorwegian stranger. "Haco," says he, "you well know how we call this Assembly ?— A Micel getheaht^ ' or Great tliought — a Witena-gemot, or Meeting 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." ' May it not, with a still greater truth, be affii-med, that our own early law-givers were the representatives of a great and sublime conception? And judging
^ From the Anglo-Saxon word, <' micel ' ' (big), is derived our English surname " MitchelP ' Palgrave's History of the Anglo-Saxons, Preface, p. 25.
THE WITENAGEMOT OP 1649. 51
from the number of wholesome laws enacted in 164:9, as well as the shortness of their session (for it did not include twentj^five days), it would seem, the Assembly-men of this year were cer- tainly not very fond of talking or speech-making. It appears also, that some of them, like our Saxon forefathers,' 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." But did they not leave a mark also upon the coun- try, and upon the world ? In depth and earnest-
* *• I hear," says the Anglo-Saxon, " that amongst the French they designate such assemblies as ours by the name of a * collo- quium^'' or, as we should say, a ' talk- — which they render, in their corrupted romance-jargon, by the word ^parlement;'' and should our '■ Witena gemot,'' our ^ Micel-getheaht^'' ever cease to be a 'meeting of the wise,- or 'great-thought,' and become a ^ parle- ment,'' 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.
^ Some even of the Anglo-Saxon kings made their mark. It is doubtful if William the Conqueror could write.
^ 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 DAT-STAR.
ness, iu 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 wdiose bright renown has come down to our own age. Tlie law^s 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 pro- prietary. 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 inau- gurate a much greater idea — an idea which had existed in the bosom of the proprietary, and been sanctioned by the earliest practice of the govern- ment ; 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
THE NOBLE MISSION. 53
among the foremost spirits of tlie age. Near the close of the session, within the range of abo- riginal villages, and the blaze of Indian council fires, thej 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 bright- est lustre upon the legislative annals of the province.
54 THE DAT-STAK.
CHAPTEK YIL
''The Act concerning Religion."
The '' Act concerning Religion " (for that is the the title of the law), has already been printed. But it forms so important a Ihik 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 things ^ of God ;" to inculcate the principle of religious decency and order ; to establish, upon a firmer basis, the har- mony alread}" existing between the colonists ; to secure, in the fullest sense, freedom as well as pro- tection to all believers in Christianity ; ^ and to
' '• 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 legis- lature.
"^ 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 diffe- rent lines and landmarks, a regard, of course, must be had to the spirit of the charter, to the theolo- gical notions of the age, and to the character of the elements, which then composed the population of the province.
a case ia 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 1C39 included, we have seen, the English and the Roman Church. But the one of 1G49 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 Cal- vert, 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, 165S, traitorously and sedi- tiously, 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 inhabi- tante there met together.
56 THE DAY-STAR.
1. The proprietary had the right upon all doubt- ful points, to construe the charter in that manner which was most favorable to himself. But no interpretation was allowed inconsistent with the '' Sacrosancta Dei^'' and the " Vera Christiana Religio " — the former, doubtless, implying a pro- hibition of the most wicked kind of hlasphemy^ as
" 2. He did use the same traitorous and rebellious practice at Newtown on the 80th of August, 1658, the people being met together for ye end aforesaid.
" 3. That, by these his traitorous and seditious practices, be 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 th^ Mr. Fitaherbert hath threatened excommuni- cation 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 govei-nment 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 b«
ACT CONCERNING RELIGION. 57
well as the desecration of the most holy institu- tions ; the latter defining or bounding the pledge of religious freedom to the Roman Catholic by secur- ing 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 funda-
directed by his conscience mor^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 : Coorsey.
" Thos. Gerrard, Esq., saith upon oath, that having conference with Mr. Fitzherbert, as they were walking in the woods, and in his own orchard, touch- ing ye bringing his children to the Roman Catholic Church, he gave Mr. Fitz- herbert 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 Mr. 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 farther to urge him in that business, for he ■would not, and could not, disclose the author thereof. Mr. Fitzherbert told ye said deponent that Mr. Gerrard had also beaten an Irish servant of his like- wise, because she refused to be a Protestant, or go to prayer witli those of his
3*
58 THE DAT-STAR.
mental article of revealed religion) were two of the " 7nost sacred''^ things of God. This fact accounts for the penalty against those who wei-e 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 Gatholic, 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 under- stood not what he meant by the words force or compel. Mr. Fitzherbert 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 lake such a course that he would undertake their education in Mr. Gerrard's own house, whether Mr. Gerrard would give way thereunto or no. This depo- nent 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, liis wife, and children; and he, the said Mr, Fitzher-
FATHER FITZHERBERT 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, eitlier Roman Catholic or Protestant, is hardly yet so wise as to be prepared to condemn Lord Baltimore and the Assembly of Maryland 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, raaketh 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 hked his doctrine. And further, ye said Mr. Fitz- herbert 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 ^ame time. And there he heard a declaration, or sermon, by Mr. Fitzherbert, not expecting any. And after sermon Mr. Fitzher- bert 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 doctrino. But he lieard nobody make answer to him. The next day being Sunday, this deponent and his wife, going to Mrs. Brooke, he met there Mr. Fiizheibert, who asked him again how he liked his sermon. AVho answered, y; :;ouie filings he liked, and other some he did not like. Mr. Fitzherbert lin n nsked him what those things were he did not like ? and walked out wiih ti,is (J..i».iii.'nt, when they had a quarter of an hour's discourse. Ami in discomx^ lie ^.mvc liitn, this
60 THE DAY-STAK.
speak reproachfully of "The Blessed Virgin," or of the heroic evangelists and apostolic martyrs of the primitive church.
S. There is a striking diiference between reli- gious 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 pre- ceding 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 Homan Catholics and Protestants ; to Episcopalians and Puritans ; to Calvinists and Arminians ; and to Christians of
deponent, indifferent good satisfaction — his memory bging but wealc on Scrip- ture. 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. 1653 to 1662. Judgments pp. 102-105.
Oil page 1082 is the following : —
" Then was put an information against Francis Fitzherbert, by liis Lordship's attorney-general, folio 102.
ACT CONCEKNING RELIGION. CI
every otlier 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 ofFeuce.
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 preacliing and teaching is not the least. Neither imports it what church is there meant; since, by tiie 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 per.-ion whaisoever professing to believe in .Tesns Christ shall be molested
62 THE DAY-STAR.
dent that tlie 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 reli- gion."
The Act, it will be observed, covers a very broad ground. It is true, it did not embrace every class of subsequent religionists. A Jew, without peril to his life, could not call the Saviour of the w^orld a " magician," or a " necromancer. A Quaker, under the order of the government, was required to take off his hat in coiirt, 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 Buch words as alleged in the 4th article, if it were proved." See Lib. S. 1658 to 1662, Judirment?, p. 10P2.
CASE OF THE QUAKERS. (jd
species, would not have been allowed, we may suppose, to many 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 tlie State to the reformers of 1774. 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 l)y the charter to maintain the funda- mental principles of Anglo-Saxon law, which had always regarded the instrumentality of the oath in the administration of practical justice, as the cor- ner-stone of a system. But every disposition was
64: TIIE DAY-STAE.
manifested to render them comfortable. And tliej soon became a flonrisbing and influential denomi- nation. ISTotwitbstanding the imperfection wliich ever marks buman legislation, it is wonderful to tbink bow far our ancestors went in tbe marcli of religious freedom. Tbe earliest policy of Mary- land was in striking contrast witb tbat of every otber colony. Tbe toleration, wliicb prevailed from the first, and fifteen years later was formally ratified by tbe voice of tbe people, must, therefore, be regarded as tbe living embodiment of a great idea ; tbe introduction of a new element into tbe civilization of Anglo-American humanity ; tbe beginning of another movejnent in tbe progress of the buman mind.^
* 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 some- times 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
LUMBROZO, 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 1 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 book — and the next chapter of this volume.
y la 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 enjoymi nt of his religion. But he was accused of blas- pliemy ; and although he fortunately escaped a trial, in conse- quence 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. 1C58 to 1662, Judgments, pp. 159-160
66 THE DAY-STAK.
"At a Provincial Court, held at St. Mary's on Wednesday, this 23d February, 1658.
"Present — Joslas 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 Lordsliip's Attorney for uttering words of blasphemy against our Blessed Saviour, Jesus Christ.
" The deposition of John Hoflfsett, aged 4-t 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 resuri-ection, 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, 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, j'-es. Then ye said Cole asked him, what He was that was crucified at Jerusalem ? And ye said Lumbrozo answered, He was a man. Then ys said Cole asked hira, 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 tauglit them His art. And further saith not.
LUMBEOZO. 67
"This was declared before me, as in the presence of God, that it is true, this 21st of February, 165S. Henry Cocrsey.
" Tlie said Lumbrozo saith, that he had some talli 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 Magi- cians of Egypt. But said not anything scoflSngly, 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 Provin- cial Court; and yt the persons be then present to testify, viva voce, in Court.
^^ Mittimus.— To ye SherifiF of St. Mary's County, according to the order Sujyradict."
N.B.— The reader will observe, that Ri. Preston, a Quaker, simply declares.
68 THE DAY-STAR.
CHAPTEK YIII.
The influence of the Legislation of 1649 upon the Colonization of Maryland — Arrival of Families — Foundation of Settle- ments. Erection of Counties.
The liberal policy of Maryland could not fail to attract tlie attention of the otlier Anglo-American colonies. The Puritans upon the James and upon tlie Elizabeth, having, in consequence of their non- conformity^ been ordered to leave Yirginia, 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 Puri- tans 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 AKD the SEVERN.
more than one hundred persons, distinguished not less for their intelligence than for the fervor of their religious feelings, and for the stubbornness of tlieir wills — destined, also, at no distant period, to take a very consj)icuous part in the aifairs of the province. One of them was the ancestor of the extinct Bennetts of Bennett's Point in Queen Anne's ;' the descent of the Lloyds of Wye House, is derived from a second ; ^ 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.
^ 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.
' 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 For- mans 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.'* 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.
^ Capt. Marsh, of Kent Island, with a residence also at Chester- town, 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.
' In Langford's " Refutation " of Leonard Strong's " Babylon's
SOUTH EIVER.
71
The settlement also upon South Elver was an interesting one. It was founded in 1650 ; and con- sisted 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 Bal- timore, 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 Protes- tant inhabitants of the said Province, made the 17th day of April, Anno Dom., one thousand, six hundred and fifty.
"TVe the said Lieutenant, Council, Burgesses, and other Protestant inhabi- tants 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, Tho. Steerman, John Hatche, George Puddington, Robert Robines, Walter Bain, William Brough, Franoia Poesy. ♦William Durand Anthony Rawlina Thomas Maydwell
y^urgesiea.
William Stone, Governor. Jo. Price, '\
Robert Vaughan, ^ Council. Tho. Hatton, )
J^ole.—Th&t James Cox and George Puddington were then Burgesses for the people at Ann Arundell.
* ^ote.— That this Is the aamo man who attests Mr. Strong's pamphlet be- fore mentioned,
72
THE DAY-STAR.
those upon the Severn, and of Anglo-Catholies 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 ((?r, a fesse chequy^ or and gules^ in chief three crosses-crosslet-Jltchee of the last), but sustained a very near relationship to the Burgesses of Marl- borough in "Wilts, and whose daughter was the
Marke Bloomfield Thomas Bushell William Hungei'ford William Stumpson Thomas Dinyard John Grinsdith William Edwin Richard Browne William Pell William Warren Edward Williams Raph Beane John Slingsby James Morphen Francis Martin John Walker Stanhop Roberts William Browne John Halfehead William Hardwick
* An impression from his
Elias Beech George Sawyer William Edia John Gage Robert Ward William Marshall Richard Smith Arthur Turner William Hawley William Smoot John Sturman John Nichols Hugh Crage George Whitacre Daniel Clocker John Perin Patrick Forrest George Beckwlth Thomas Warr Walter Waterling ."
seal is still preserved.
y
SETTLEMENT UPON SOUTH RIYER. 73
wife of Lord Cbas. 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 inscrip- tions at the parish church and upon the planta- tions ; I infer, the settlement, in point of intellec- tual culture and refinement, upon this river, was in advance of the one upon the other. Of all the provincial governors, whose tombstones are pre- served, or I have been fortunate enough, at least, to find. Col. Burgess is the one whose epitaph is the oldest '
» EPITAPH. Here lyeth ye body of "W. Surges, 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-STAK.
Twenty miles from the mouth of the Patuxent, during the same year (1650), a Protestant settlement (probably Anglo-Catholic) was founded by Kobert Brooke, from England; consisting originally of forty persons — their names are still preserved' —
Of his Lordship's Deputy-Governors 5
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. ' '•' The names of people come out of England, and arrived in Maryland, June 30, 1C50, at the cost and charge of Robert Brooke, Esq.
Robt. Brooke Thomas Brooke
Mary his wife ; Charles Brooke
His children Roger Brooke
Baker Brooke Robt. Brooke
John Brook- Wm. Brooke Francis Brooke Mary Brooke Anna Brooke.
Marke Lovely Marke King
en-Seryants Wm. Bradney Phil. Harwood
Rich. Robinson. Anthony Kitchin
SETTLEMENT UPON THE PATUXENT.
75
and including his own very large family, now represented by the Brookes of Brooke-Grove in Montgomery, 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 Eoger 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 com- mander of the county. He also held a seat in the
Wm. Jones John Clifford James Leigh Benjamin Hammond Robt. Sheale
Thos. Joyce Kenry Peere Thomas Elstone Edward Cooke Ambrose Brie:jjs
Robt. Hooper Wm. Hinson John Boocock David Brown ] Henry Robinson.
Maid-Servaxts.
Anne Marshall Katherine Fisher Elizabeth Williamson Margaritc Watts.
Abigael Mountague Eleanor Williams Agnes Neale
Forty persons.
Land Records, Lib. No. I. pp. 165, 166. The name of the manor was Be la Brooke.
76 THE DAY-STAE.
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 came-— ■unkindly treated, it is said, at first — the rea- sons have been suggested— but in due course of time, much better understood, and saving a single exception (the one relating to the oath'), made joyful and happy, in a religious and in every other particular. Fox, himself, appeared — the chief of the Quakers — a great reformer — a 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 caribes — 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 Kidgely's excel- lent Annals, 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 tlie old world — giving utterance to the Spirit, in words of fire and with all the appa- rent life of an apostle — thus promoting the growth of a denomination whicli soon absorbed a large number of the Puritans,"^ and embraced many of the most respectable and some of the most distin- guished families of the province. In 1672, exclu- sive of Fox, there w^ere at least seven ministers of the Society of Friends in Maryland ! The names are all of them still known.^
^ 5 ox's " Journal.''
^ The cliffs of Calvert, the banks of West River, and the Chop- tank, 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 Pichardsons 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.
^ An island of the Chesapeake, near the mouth of the Choptank perpetuates the name of a well-known Quaker. It was originally
78 THE DAY-STAK.
Flying from discontent, from tm'moil, and misery, some of tlie Swedes^ and of the Dutch,
called Clayborne's. For there the founder of the Kent Island colony, we may presume, established a trading-post, lilie the one upon Palmer's, now Watson's ; or perhaps planted a small settle- ment, 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 Mash " (intended doubtless for Mrs. Marsh, the widow of the Hon. Thos. Marsh), '* if then in being 5 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 conveftient 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 1G72 was a disciple of Fox. Nor are they in the least aware of the early and extensive spread of the Quakers in Maryland.
^ 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-
THE SWEDES AND DUTCH. 79
wlio had founded the respective settlements upon the Delaware, received a glad and joyful welcome.
rior numbers, first of the Dutch, and thea of the English ; they still retained, in the midst of all their reverses, the fond remem- brance of their native land ; and cherished, wfth 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 Hanson'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 Maryland. 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. He lived sometime upon an island of the Chesapeake, then called " Foster's ;'' but subse- quently, it seems, upon the western shore. And the last glimps : I obtain is in Prince George's county, where his family dwindled
80 THE DAT-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 Kiver, 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 services ' he had rendered the proprie- tary. And he has descendants tlirough 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 suflBcienfc BGCurity, 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.
* 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. Glad- dened with the prospect of religions liberty, and invited by a policy so liberal in all other respects, strangers arrived from 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 sur- render 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.
^ In Appendix, No. 1, I shall notice the arrival of the families of Burgess, Ringgold, Hynson, Dunn, Wickes, Leeds, Stone, Carroll, Faca, 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.
^ The Lloyds, the Thomases, the Snowdons, the Richardson?, the 4*
82 THE DAT-STAR.
from Scotland ' and from Ireland ; from the domi- nions of tlie kings of France and of Spain ; from
Shipleys, and many other families, came, it is supposed, from the Principality. The Severn and the Vfje, 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 16»5. 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 genera- tion, 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 Eutaw- Place, near the Monocacy.
The Shipleys, a family of planters in Anne Arundel, and sub- sequently 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.
^ 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 JVeiv Scotland.
SCOTLAND AND OTHER COUNTRIES. 83
the States of Holland, and from 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 Magru- ders 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 Scot- land. He was the progenitor of the Edmonstones, near Bladens- burg, 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 Gastavus, the champion of Protestant Chris- tendom ; and from the very heart of the kingdom of Bohemia, the land of Jerome and of Huss. 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 Causiu's Manor ; the Jarbos, of St. Mary's ; the Lamars, of Prince George's and other counties (one of whom was a gallant officer of the American revolutionary army) ; the Du Yalles, 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 Hon. 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 presump- tion 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
KMTG RANTS FROM MANY LANDS. 85
only in Chkist, could securely sit under his own vine or bower, or still more unpretending roof; and the weeping penitent at his rude altar or hum- ble hearth-stone, might offer up his confession and his jDrayer. 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 Mary- land was late. I doubt if it was before the year 1690.
Four of Capt. James Neal's children were born within the I 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 Lockerraan. 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 waa probably born at Prague.
86 THE DAY-STAK.
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 succes- sive phases ; showing the harmony between the proprietary and the planters ; explaining the legis- lation 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 refe- rence 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, tliat the legislative policy so honorable to our ancestors and so beneficial in its influence, under- went 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 Eoman Catholics.
RETOLTJTION OF 1689. 87
The history of the Protestant revolution in 1689 has never yet been fully written. But there is evidence upon the records of the English govern- ment 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. 0. B. T. Maryland, Vol. 1,B.D. 251.
August ye 23«Z, '80.
These may acquaint yo'^, that we whose names are underwritten have, according to request, bin and treated with y« Indians, and doe find 'em to be very civill and kind, and desire nothing butt peace and quiettness, butt y' in part thorough y« instigation of bad people, and chiefly doe instance Andrew Gray, that y" English in one raoone would cutt them all of; likewise, con- cerning an Indian woman, w<='» they say was kill'd by Cornelius Mulraine's wife, w*=i» they have expected some satisfactory answer, concerning which as yett they have not received. Also, y' y* s<* Cornelius since their departure ofifer'd great abuse in robbing them of their cannous,corn, matts, bowles, and basketts, and they say their chests have been broke open, and since they have bin gone out, y« s'J Gray hath bin with 'em and threatned them if they
88 THE DAY-STAPw
lias ever disgraced any religious or any political party — by the story, in a few words, tliat the
Kould not come home, he would gett a party of men and fetch 'era ^ force. Likewise they say they have ten Indians w'=^ 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 come- ing and were takeing up their goods to return to their habitations.
John Stanley Wm. Dickenson John Hawkins Wm. Stevens '' Clement Sales. Wm. Bealey.
This is y« copy of the answer sent to the Burgesses from y* 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.
Vol.
The Committee of Secrecy appointed by this present Assembly, the Representative Body of this Province doe make their Report as followeth, viz*. Wee have diligently faithfully and with all due circumspec- tion made inquisition into the severall affaires and concernes committed to our care, for discovering of the truth thereof, and
i. P. O. ^
Maryland, v 1,B.D.5. )
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 Governo" have contrived con- spired and designed by severall villanous practices and machina- tions, to betray their Maj''«' 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 endeavo" and combinations of the said Governo" with the Indians and Papists to assist in our destruc- tion and the subversion of our Religion. And wee also find by the informations, examinations evidences and depositions by ua taken, that the late Governo" did prorogue and obstruct the last Assembly from meeting, least the truth of their unjust con- trivances and wicked designes should be made manifest.
And wee the Committee aforesaid doe also discover and appa- rently 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 Maj''«>» service.
Read approved of and ordered to be entered in the Journall of the House of Assembly.
{Memorandum on the back.) Memorandum, notwithstanding the Country have often desired a proofe of the accusations this
90 THE DAY-STAR.
testimony comes from tlie most respectable sources — not only from the members of the Church of
Comittee charged upon some of y" Lord Pro- prietaryes Dep'y^', yet the same could never be obtained, or was any wayes made appear.
{Indorsed.) " Report of the Comittee of Secrecy,
touching the late Governm*. Copy. " Rcc^ fro ye L"^ Baltemore, 31 Dec.
1689."
Voted in Assembly, 28 Aug., 1689.
I beg to invite especial attention to the narrative of Mrs. Smith :
.5. P. 0. \ T. Mayyland > l.\. B.D.ll.)
NARRATIVE OF MRS. BARBARA SMITH.
30 Dec. 1689. S.P. B. T.
Vol.
The Narrative of Barbara wife of Richard Smith of Puttuxent River in Calvert County in the Province of Maryland.
Upon the 25 th of March last a rumour was spread abroad about the mouth of Puttuxent River, that ten thousand Indians were come down to the Western branch of the said river. "Whereupon my husband went up to the said Western branch, where he found Doe Indians, but there a strong report that nine thousand were at Matapany, and at the Mouth of Puttuxent, and that they had cutt off" Capt. Bournes family, and had inforted themselves at Mata-
REVOLUTION OF 1689. 91
Rome, but also from many of the most prominent Protestants of the province ; inchiding the Honor-
pany, ; which was all false. Upon these rumours the country rose in amies, but after diligent search and inquiry in all parts of the Province, this rumour was found to be only a sham, and noe Indians any where appeared to disturb or molest any the people of our Province. All which reports I doe verily beleeve were designedly spread abroad to incite the people to rise in armes as afterwards by the like sham they were induced to doe. For in the latter end of July following one Capt. Code, Coll. Jowles, Maj"" Beal, Mr. Blakiston, with some others appeared in armes, and gave for their pretence that the Papists had invited the Northern Indians to come down and cut off the Protestants, and that their descent was to be about the latter end of August when Roasting Eares were in season, & that they therefore rose in armes to secure the Magazine of Armes and Amunition and the Protestants from being cut off by the said Indians and Papists. This was their pretence to those they found very apprehensive of the said Indians ; to others they .said their designe was only to proclaim the King and Queen ; but when the aforesaid persons with some others had gathered together a great number of People together, they then came and seized upon the Government, who withstood them first at St. Maryes in the State House where the Records are kept, whom the said Code and his party soon overcame and seized upon the Records, from thence he proceeded with his party to Matapany House wherein Coll. Darnall with some forces, as many Protestants as Papists, had garisoned themselves, but were soon forced to capitulate surrender and yield to the said Code and his party. They haveing thus possessed themselves of the governm', one Johnson master of a ship being bound for England, they gave him charge he should carry noe letters but what was Beat from themselves, & my husband they arrested and put in
92 THE DAY-STAE.
able Thomas Smyth, the ancestor of the Smyths of Trum^^ington, subsequently of Chestertown ;
prison for fear he should goe for England with the said Johnson to give an accompt of their proceedings, and as soon as the said Johnson was gone they released him again. The said Cole and his complices then sent out letters to all the Countyes of the Pro- vince to choose an Assembly. What was done in the rest of the Countyes besides Calvert and Ann Arrundell I am not acquainted with, but when the s^ letters for the chooseing of Burgesses came to our Sheriff to sumon the people for that purpose, he refused the same. They then went to Mr. Clegatt, Corroner, and he alsoe refused (who are both Protestants). Whereupon Coll. Jowles rode about to give the people notice himself. When the County were come together most of the Housekeepers agreed not to choose any Burgesses, and drew up an abhorrence against such proceedings ; y^ which election was alsoe much opposed by our Sheriff. Where- upon Coll. Jowles gathered his souldiers and caused the election to be made by the number he had, which was not above twenty, and of them not above ten that were capable of electing. Coll. v/ Jowles himself and Maj"* Beal his next officer were returned for two of the Burgesses elected, and because Mr. Taney, the Sheriff, & my husband endeavoured to oppose the said Election, the said Code caused them to be put in Prison. Neither for this Election nor in their cause did almost any of our county appear that were men of estates or men of note, but they to the contrary pub- lished an abhorrence against such proceedings, and were them- selves, as are most of our County, Protestants. The County of Ann Arrundell, which is accounted the most populous and richest of the whole Province, and wherein is but one Papist family, unanimously stood out, and would not elect any Burgesses. About the 21st of August the Assembly of their calling met, before whom was brought Mr. Taney our Sheriff and my husband ; and
THE PROTESTANT REVOLUTION. 93
from Major Joseph WickeSj at one time chief jus- tice of the County Court, and many years a
Capt. Code and his complices haveing pretended they had the Kings Proclaraa" for what they did, my husband demanded to see the same ; but their answer was, take him away, Sheriff. Mr. Taney likewise asking them by what authority he was called before them, Code answered What, this is like King Charles, and you are King Taney,take him away. Notwithstanding upon the said Code's riseing as before is said, their pretence was cheifly to secure the Country against the Indians, yet all this while nor untill my comeing away which was the 26th "of September last, there was not the least appearance of any forreign or home Indians comeing to disturb us. What was their further proceed- ings in their Assembly I am not able to give any acco' of, but Mr. Taney and my husband were detained prisoner at my comeing away.
^Signed) Barbara Smith.
Dated in London, the 30/^ of December, 1G89.
(Indorsed) " Mrs. Smith's Narrative of
the troubles in Maryland."
The testimony from the Protestant county of Kent is exceed- ingly valuable :
ADDRESS OF PROTESTANTS OF KENT COUNTY. November, 1689.
S. P. 0. ^
'. T. Maryland, v rol.\,B.D.A\. )
B.
Vol
To THE King's Most Excellent Majestie : —
Wee your Majesties most loyall and dutyfuU subjects the ancient Protestant Inhabitants of Kent County in your Maj''*» Province of Maryland, who have here enjoyed many halcyon dnyes under
94 THE DAY-STAR.
distinguished representative of Kent; from tlie Honorable Henry De Coiircy (then written Cour-
the imediate Governm' of Charles Lord Barou of Balteraore and his hon''i« !Father, absolute Lords Proprietaries of y« said Province by charter of your Royall Progenitors, wherein our Rights and Freedoms are so interwoven with his Lordships prerogative, that wee have allwaies had y^ same liberties and priviledges secured to us, as other your Majt'^s subjects in the Kingdome of England. And wee againe by vertue of the said Charter (as it enjoyned us) have alwayes paid our obedience to the said Lord Baltemore and his hon^'« Father, by whom equally and indifferently were justice, favour, authority & preferment administered, bestowed con- ferred and given to and upon your Maj^'^s subjects of all perswa- sions : Doe in prostrate and humble manner testifie to your Ma"* that we abhorr & detest y« falsehood and unfaithfuUness of John Coade and others his Associates and Agents, who first by dispersing untrue reports of prodigious armies of Indians and French Papists invadeing us, did stirr up unjust jealousies and dismall apprehensions in y* less cautious sort of people of this Province, and then haveing thereby created unnecessary feares & disposed y« people to mutiny and tumult, made further insur- rection, and extorted the lawfull governm' from the Lord Pro- priety, who was alwayes as ready to redress our aggrievances as wee to complaine. And now the said John Coade and his accom- plices haveing assumed the Government upon themselves, and procured a Convention to be tumultuously assembled, did tyran- nically imprison, restrain and turn out of civill and military Comission severall of your Maj^'^s good subjects of unquestion- able loyalty and affection to the Church of England, who approved nott of his actions, and who might justly by your Maj''^^ proclamation have continued in authority, and done your Maj''« good service. And those Delegates in that manner con-
THE PKOTESTANT REVOLUTION. 95
sey\ a descendant, it is strongly presumed, of an illustrious Anglo-^Norman family, and a perfect
vened, (being part or most of them factious persons of no com- endable life and conversation) have arbitrarily decreed and ordained many things to the inconvenience of your Majesties people, placed the Militia of severall Counties in the hands of unworthy and infamous persons ; and the better to make their decrees to be observed, many of the said Delegates have procured themselves to be putt in judiciall places, to the terror of your Maj''e* more peaceable subjects. From the. dangers and apprehen- sions whereof, Wee your Majesties most loyall, duty full, and Pro- testant subjects, in these our Addresses humbly crave by your Princely care and prudence to be freed and enlarged, and that the Government together with your Maj''"* favour and a lasting settlement may be again restored to the Rt. Hon'''« Lord Balte- more, which will make him and us happy, and give us new occa- sion to bless God, and pray for your Maj''«« life and happy reign.
(Signed) Wm. Frisby, Henry Coursey,
Griflath Jones, Josh. Wickes,
Robert Burman, Jno. Hynson,
Philemon Hemsley, George Sturton,
Simon Wilmer, Lambart Wilmer,
William Peckett, Gerrardus Wessels,
Josias Lanham, Richard Jones,
Thomas Ringgold, Philip Conner.
Tho. Smyth,
{Indorsed)
" Kent County in the Province of Maryland.
Address to His Maj'y."
N.B.— There are several other addresses from various Counties,
with numerous signatures.
R. L.
96 THE DAY-STAR.
master of the whole aboriginal diplomacy of that period ; from Michael Taney, the high sheriff of
Col. Darnall was a Roman Catholic. But he surely should be allowed to speak :
COL. HENRY DARNALL'S NARRATIVE.
31 Dec, 1689.
S. P.O. \ B. T. Maryland, V Vol.\,B.D.U. )
The Narrative of Coll. Henry Darnall, late one of the Councill of the Rt. Hon''i« y« Lord Proprietary of the Province of Maryland.
On the 15th of March last Coll. Jowles sent word to the Coun- cill (then at St. Maryes) that three thousand Indians were comeing down on the Inhabitants, and were at the head of Puttuxent River, and required armes and amunition for the people to goe against the said Indians, all which was with all expedition sent him by Coll. Digges. The next morning I went up myself to Coll. Jowles, where I found them all in armes, and they told me they heard there was three thousand Indians at Matapany (from when I then came). I assured the People it was a false report, and oflfered myself to goe in person if they could advise me where any enemyes were, Indians or others, whereat they seemed very well satisfied. I began to suspect this was only a contrivance of some ill-minded men, who under this pretence would raise the Country, as by what happened afterwards we had reason to beleeve. Upon the most diligent search and enquiry into this whole matter, noe Indians any where appeared, and when ever any messenger was sent to the place where it was said the Indians
THE PEOTESTAKT REVOLUTION. 97
Calvert, and the ancestor of the present chief jus- tice of the United States ; from Richard Smith, a
were come, there the Inhabitants would tell them they heard they were landed at such a place ; but after long search from place to place and noe sign of any Indians, the people were pretty well pacified, and Coll. Jowles himself wrote a Remonstrance (the copy whereof is here inclosed) which he signed, as did severall others who had the examination of this matter, the which was published in order to quiet the People, who in a few dayes seemed to be freed from their apprehensions. From this time untill the 16th of July foil, the country was all quiet and noe appearance of any enemy to disturb them, Indians or else. On the said 16th of July, a messenger came to me at Matapany, in the night time, to acquaint me that John Good was raiseing men up Potowmeck ; whereupon I informed the Councill thereof, who immediately dis- patched a person to know the truth ; but the said person was taken by Good as a spy and by him kept, soe the Councill had noe notice untill two dayes of any thing, when they were assured that Good had raised men up Potowmeck, and that some were come to him out of Charles County, who were all marching down toward St. Maryes, and in their way were joined with Maj"" Camp- bell and his men. Coll. Digges, haveing notice whereof, got toge- ther about an hundred men, and went into the State House at St. Maryes, which Good, and his party came to attack, and which Coll. Digges (his men not being willing to fight) was forced to surren- der, wherein were the Records of the whole Province, which Good and his party seized. In this while Maj'" Sewall and myself went up Pattuxent River to raise men to oppose said Good and his party, where wee found most of the OfiScers ready to come in to us, but their men were possessed with a beleef that Good rose only to preserve the country from the Indians & Papists, and to
5
9b THE DAY-STAR.
brave and generous spirit, connected with the family of Somerset, and the forefather of the
proclaim the King & Queen, and would doe them noe harm, and therefore would not stir to run themselves into danger ; soe that all the men we could get amounted not to one hundred and sixty, and by this time Good's party were encreased to seaven hun- dred. The Councill seeing how the people were led away by false reports and shams, in order to quiet them and give them all imaginable assurance they were clear and innocent of inviteing the Indians down, as was laid to their charge, offered to make Coll. Jowles (who was the cheif of their party next to Good) Gen" of all the forces in the Province, and sent such an offer to him, who returned a very civill answere, that haveing comuni- cated what we wrote to his own men he had with him, they were extreamly satisfied therewith, and gave us hopes he would come down to us ; but to the contrary he went & joined Good at St. Maryes, to whom and to all then in armes there, the Gouncill sent a Proclamation of pardon, upon condition they would lay down their armes and repair to their respective habitations : the which Good (as we were credibly informed) instead of reading to the People what was therein contained, read a defyance from us, thereby to enrage and not to pacify them. Good and his party haveing thus made themselves masters of the State House & the Records at St. Maryes, borrowed some great gunns of one Gaptain Burnham, master of a ship belonging to London, and came to attack Matapany House, the which when he came before, he sent a Trumpeter & demanded a surrender. Wee desired a parley and personall treaty in the hearing of the People, which Good would never consent to. We knew if we could but obtain that in the hearing of the People, we should be able to disabuse them and clear ourselves of what they were made beleeve against us j but
THE PROTESTANT EEVOLtTTION. 99
Smiths of St. Leonard's Creek, and of the Dula- nys and the Addisons ; and from Captain Thomas Claggett, the progenitor of the first Anglican bishop of Maryland. The opposition of these Protestants is, indeed, honorable, in the highest degree, to their memory. Taney was one of the
this we could never get at their hands, but to the contrary they used all possible meanes to keep the People ignorant of what we proposed or offered, and made use of such artifices as the follow- ing, to exasperate them. They caused a man to come rideing Post with a letter, wherein was contained that our neighbour Indians had cut up their corn and were gone from their towns, and that there was an Englishman found with his belly ript open, which in truth was no such thing, as they themselves owned after Matapany House was surrendred. We being in this condi- tion and noe hopes left of quieting or repelling the People thus enraged, to prevent efFasion of blood, capitulated and surrendred. After the surrender of the said house, his Lordships Councill endeavoured to send an acco' of these transactions by one John- son master of a ship bound for London, to his Lordship, the which the said Johnson delivered to Good. When we found we could send noe letters, Maj"" Sewall and myself desired of Johnson we might have a passage in him for England, to give his LordsP acco' of matters by word of mouth, which the said John- son refused, upon pretended orders to the contrary from Good. Whereupon Maj' Sewall & myself went to Pensylvania, to endeavour to get a passage there ; upon which Good and his party to occasion to give out we were gone to bring in the Northern Indians ; but we missing of a passage there, came back and stayd in Ann Arrundell Gounty (who never had joyned with
100 THE BAY-STAR.
victims of a cruel imprisonment, accompanied with gross insults and indecent taimts, in conse- quence of his cool and inflexible refusal to sanction the iniquitous proceedings of Col. Jowles, and the other leaders of the revolution. Smith also was a victim.
Good and his party) until the 26th of September, when (Maj' Sewall then being sick) I myself got a passage hither in one Everard. As to their proceedings in their Assembly, I can give noe acco*, only that they have taken severall Prisoners.
(Signed) Henry Darnall.
London, December Z\st, 1689.
{Indorsed) " Coll. Darnall's Narrative of the troubles in Maryland. 1689."
The following is from the ancestor of the Chief Justice ;
MR. MICHAEL TANEY TO MRS. SMITH.
14 Sept., 1689. 8. r. 0. )
B. T. Maryland^ . Vol. 1, B. 2)., 26. )
Madam Smith : — I doubt not but you have heard what pretence those gentlemen who have lately taken up arms here in Maryland, in their majes- ties' names (to pull down y« lawful authority of y^ Lord Ballta- more here, which he held under their said majesties), makes for my confinement in prison along with your husband, the which I
EKECTION OF COUNTIES. 101
Besides Anne Arundel and Charles, six counties, between the years 1649 and 1698, were erected —
hope neither you nor any good Christian or moral honest man or woman, which ever had any acquaintance with my life and con- versation, will credit ; and that you and all persons to whom this shall come, may know what I have done, whereby they ground their pretence. I therefore hereafter write down y'' heads of the whole (viz.) : At the first of my knowing of their taking up arms, which was some time in July, 1689, I endeavored, with what arguments I could use, to persuade all people, but chiefly Col. Jowles (my now chief enemy), to lie still and keep the peace of y^ country, until their majesties' pleasure should be known ; for that I looked upon it to be rebellion for persons here, without order from their majesties, to take up arms against y« lawful authority, which then rested in y^ lord proprietary under their majesties, as I did conceive ; which arguments, with some, I presume, prevailed, so that they lay still, but not with Col. Jowles. Then afterwards, when they besieged Mattapony, I went first to the gentlemen's camp, and afterwards to Mattapony, and, as an instrument of peace, so far as I could with my weak endeavors, Mr. Marsham being with me, persuaded both parties to comply without shedding blood, and accordingly they did. At which time Mattapony by y* Governors being surrendered, and the magazine of arms and ammunition all over the country, as soon as they possibly they could, seized on by those gent., so that they had the strength and command of most of y« country in their hands; and all papists in general desisting to act any further in government and office : but Col. Jowles and y« rest of those gent., not content to rest there, or not thinking themselves safe in what they had done, sending out precepts in their majesties' names, requiring the sheriff's of each county to warn the people to meet together and choose delegates and representatives to meet and
102 THE DAY-STAR.
four upon the eastern, and two upon the western shore. And at the period of the Protestant revo-
assemble together, under pretence of settling affairs ; and also a proclamation that all officers not being papists, or having been in actual arms, nor any ways declared against their majesties' service, honor, and dignity, should continue in their places', and also a declaration of their own aggrievances to be publicly read; and Col. Jowles showing me some of those papers, being directed to me, as sheriff of Calvert County, I not being willing to execute their commands, endeavored to excuse myself, saying, I look upon myself, by y« surrender of y^ government, to be discharged of my office. Whereupon Col. Jowles took some other course to have it done ; but afterwards I finding most people of our county, and being informed it was so generally through y^ country, that all people, except such as had been in arms or abetters to their cause, was willing to remain as they were, until their Majesties plea- sure should be known, and I conceiving that my consenting to choose delegates and representatives to sit in such Assembly, and they countenancing the thing that was done, although they were awed to it, would make me guilty as well as they that did it ; therefore I resolved not to choose, nor consent that any should be chose ; however, being modest forbore railing or speaking grossly of what was done. And when the time appointed was come for y« election, Col. Jowles and divers of his soldiers being at y^ place, and I also and divers of the better sort of the people of our county, discourse arose about choosing representatives, and I and many others, being much the greater number, argued against choosing any. Amongst which discourse. Col. Jowles threatened that if we would not choose representatives freely, he would fetch them down with y" long sword, and withall required y« deputy clerk to read some papers that he had. Whereupon I asked Col. Jowles whether those papers were their majesties' authority, and
ERECTION OF COUNTIES. 103
iution, the population of the province, we may suppose, was not less than twenty-five thousand;
if they were I would read them myself, if not, they should not be read. But he still bid y^ clerk read them. Whereupon I said to him and the rest of y« company, " Gentlemen, if the lord pro- prietary have any authority here, I command you, speaking to y« clerk, in y« name of y« lord proprietary, to read no papers here. Whereupon Col. Jowles went away in great rage, saying he would choose none, yet, afterwards, having got some of his soldiers to drink, he and they did somewhat which they called a free choice, and I and many more of the better sort of y« people set our hands to a paper, writing that expressed modestly and loyally some reasons why we were not willing to choose any representatives to sit in that intended assembly. For which doing I was fetched from my house on Sunday y« 25th of August, 1689, by James Bigger and six other armed men, by order of the persons assem- bled at y« command of Coad and his accomplices, and kept close prisoner at y« house of Philip Lynes, under a guard of armed men, and upon y« 3<i day of September carried by a company of soldiers before y« said Assembly, where Coad accused me of rebel- lion 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 y* lives and estates of all such persons, and therefore should not submit myself to any such unlawful authority as I take yours to be. AVhereupon they demanded of me who was their majesties' lawful authority here. I answered, I was, as being an officer under y« Lord Ballta- more, 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 immedi- ate vicinity of its shores. In 1654, the order erect- ing. 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 Wico-
awhile, and soon after ordered my bringing in again before them, with Mr. Smith and Mr. Botler, telling us it was y« order of y* House that we must find good and sufiScient security to be bound for us to answer before their majesties' commissioners and lawful authority what should be objected against us, and in the meau time be of good behavior. To which we answered, their authori- ties we looked upon not lawful to force us to give any bonds, and that we had estates in this country suflScient to oblige our staying to answer 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 y" 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 popu- lous, 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 y* whole substance hitherto proceeded on, that is known to your humble servant to command.
Mich. Taney.
September y» 14th, 1689.
Charlestown, in Charles
County, where we are, and
are like to remain still.
(Addressed)
To Madame Barbara Smith. These.
Mem. — Y« 14th Sept'. 1689, Capt. Cocde mustered all y» men oi St. Mary's County at Choptlcoe, and did then and there order y* all Protestants servants and freemen should apear there at Chopticoe y* day fortnight, with provision for a march into Anne Arundel County, and those y^ were provided arms, to bring them with them, and those . y* were not should there be furnished with y"» country armes.
(Indorsed)
" Maryland, 1689. Letter to Mrs. Smith about Capt. Smith. Reel 16 Dec, 1689."
5*
106 THE DAY-STAE.
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 legisla- ture subsequently to the American Revolution ; and a long, tedious, and very expensive contro- versy 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 Maryland. Before the year 16S9, 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. Tliey suggest or comme- morate interesting facts, in the history of our colonization.
6PESUTIA 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, npon 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 Kiver. Spesutia has sometimes been confounded with the island, upon which Clay borne established his trading-post with the Susquehan- nocks, as early as 1630, But Watson's is the one which corresponds with Palmer's in size, and in every other particular.
In duration as well as the difHculty 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 Marsh'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 Marsh, near the cliffs of Calvert, will rea- dily develop all the evidence upon this knotty question.
(
108 THE DAT-STAK.
CHAPTEE 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, be- fore 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 theu' 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 chiefs is now represented by the Brents, by the Goldsboroughs, and by many of our other most distinguished families.
Of the ChesajpeaJces (the nation who had given a name to our " Great Bay '') no vestige in Maryland
THE YOACOMIOOS. 109
appeared, at the arrival of Governor Calvert. Long before tlie settlement at St. Mary's, tliej 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 lived upon the St. Mary's. They were there at the arrival of the Pilgrims. The scene between Governor Calvert and the chiefs of this tribe, has been described, not only by eye- witnesses, 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 watei*, 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.'
^ See Smith's History of Virginia ; Bozman's History of Mary- land.
' See ante, pp. 4G-47. For further particulars see " A Relation of Maryland," and also Father White's Journal.
110 THE DAY-STAK.
At an early period, the Matapeaks lived upon Kent Island. Their name is still perpetuated by a small stream. And upon the farm held by the late General Emory, is " The Indian Spring." There also was a large number of arrow-heads, and other relics. And in the same part of the island, is a neck of land, which for a long time, bore the name of Matapax^
The Susquehannvclcs^ who gave their name to a large tributary of the Chesapeake, were the most powerful confederacy within the limits of Mary- land. 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 w^ere 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. Ill
signed with Maryland ; including the one' for a large portion of our territory.^
^ This was signed (see Bozman, vol. 2. p. 683), in 1G52, at the river Severn, by Richard Bennett, Edward Lloyd, William Fuller, Thom- as Marsh, and Leonard Strong, the commissioners on the part of Maryland ; and by Sawahegeh, Auroghtaregh, Scarhuhadigh, Ruthchogah, and JVatheldiarieh, the chiefs on behalf of the Sus- quehannocks. 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 Wat- son's) Island. See also their treaty with Augustine Herman, Ap- pendix, No. 2.
'■' The Patuxents, whoise 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 Emperor, 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 W'ashington and of Baltimore. Upon the Sassa- fras 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 Ozenics, 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 of peake and roanoke (the money of the Indians), and the chief " merchants " of aboriginal Maryland — subsequently repre- sented by two considerable confederacies, under the names of Choptank and JVanticoke, which are still borne by the large and
112 THK DAY-STAPv.
The Accomacs, 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 trea- ties. 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. Eising 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 dis- ciples 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.
HENET DE COTJROT. 113
Mohawks^ and of four other nations ;' whose chiet dwelling place was upon the rivers of Kew York ; but who not unfrequentlj descended the Susquehan- nah, and spread the greatest alarm among the colo- nists.^ The relations, both at peace and at war, with this formidable confederacy, constitute (if ^NQ ex- cept the labors of the missionaries) the most interest- ing and important portion of the Aboriginal History of Maryland. The highest diplomatic skill was also exerted. And to the services of the Honorable 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 signifi- cant testimonials both fjjpm the Governor and from the Assembly of Maryland. And, in the Documen-
^ Called sometimes " The Northern Indians." See ante, e. g., p. 89.
• Witness, also, the ill-founded panic of 1689, ante, pp. 87- 106.
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, metaphor- ical style of the Indian.
* The De Courcys of My-Lord's-Griffc (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 Courcys of Cheston (ante, p. 95) to the titles and estates of the old Anglo-Norman barony of Courcy and King- sale, 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 opiniony 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 P.apers now held by Doct. William Henry De Courcy, of Cheston, the brother of the Hon. Mrs, May. Of the hi*^ 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 Ro- man 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
FKAME-WORK OF THE GOVERNMENT. 115
, Under that mild form of the feudal polity, which from the first prevailed in Maryland, our ancestors held their lands as a gift from the proprietary, bore a williDg 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 up- wards w^ere erected into manors, under the propri- etary, with the right given to the lords of these limited territories, to hold courts-baron and courts- leet. 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-STAE.
The goYernment, 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 j)rince to hold his territory of another. Scotland was once a lief 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," 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 Maryland, as in any other Anglo- American 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 Ap- peals. For many years, the governor or lord proprietary, and the privy councillors, sat upon its bench.
' From them, 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 Roman Catholics. Upon the small manors (those held by the colonists) were the tenants, usually styled free- holders and suitors ; and who, unlike the gentle- men, rarely had the prefix of Mr.
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 faith- ful 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, dur- ing the earliest period of our history. Subsequently to the Protestant Revolution, convicts from Eng- land, it is certain, were imported.
]N"o towns of any commercial importance arose, during the first sixty years. St. Mary'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 16S3. And, on the Eastern shore, were the little towns of New- Yarmouth and York ; the
118 THE DAY-STAE.
former upon a branch of the Chester ; the latter, it is supposed, upon some part of the Wye.' But the p.ecessity 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 w4th London, and the other great ports of England. And the large plantations, with their group of store- houses and other buildings, assumed the appear- ance, 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 Euro- pean coin was occasionally used. In the trade with the Indians, for beaver-skins and other valuable
X * Charleston, the original county seat of Prince George's, bat
founded long before the erection of that county, stood at the fork
of the Patuxent, either near or upon the site of Mount Calvert.
PKOVmCIAL CUKliENCY. 119
articles, Xh.Qjpea'ke and the roanoke obtained a free circulation ; and a good deal of this kind of cur- rency 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 lordshi]3's arms, with the motto Crescite et Multi- jplicainini^ upon the other his image, with the cir- cumscription Ccecilius Dominus Terrae-Marice^ c&c. ; being equal, in fineness, to English sterling, and of the same standard, though somewhat less in weight. Specimens of this curious money are pre- served ;^ very little of which, there is reason to be- lieve, w^as 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 oue or two in the possession of the Maryland His- torical Society, presented, I am informed, by our generous coun- tryman, Mr. Peabody, of London.
^ I have seen several chairs. But stools and forms were chiefly Uised. 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 tho beat.
120 THE DAT-STAE.
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. Bat freely did they drink both cider, and sack. And there is fre- quent mention of the silver sack-cup. Strong punch and sack, it would seem, were their favorite drinks.*
* Their tables were oval. I was upon the eve of adding, our forefathers usually cut their meat with their rapiers, or other wea- pons ; 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.
' Specimens of the wainscoted wall are still preserved at somo of the old family seats in Maryland. They have been much ad- mired ; and, in England, are again becoming fa/'iionable.
^ Sack was the special favorite. A case, e. g., is referred for aa 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 tlie 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 v/ere 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 nour- ish 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 fasci- nated were our forefathers with a bird they had never seen before their arrival, that they gave it the name of Baltimore — its colors (black and yel-
upon motion of s^ck,'' says the witness (see Tiios. Hebdea's Depo- sition, 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 Sbakspeare.
* See Ogilby's America— a very interesting work —from which many of the facte in thifi chapter are taken.
a
122 THE DAY-STAU.
low) corresponding with those upon the escutcheon of the Calverts. The eagle also, which still lingers, was then more frequently seen, in all his proud- est 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 author- ity, 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 2irQ^one^ hominy^ jpocoson^ and many others.
No regular post was established ; and it is doubt- ful, if we had any printing-press before the year 1689. Gentlemen travelled on horseback by land ; or in canoes, or other small boats by w^ater. Fer- ries 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. Let- ters were ?ient by ]^rivate hand ; and despatches
cosxriviE. 123
from the government by a special messen- ger.
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.
Tlie 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 pictur- esque 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
^ Boot hose-tops, it appears, were also worn, about 1650. For Mr. Egcrtou's Inventory, see the Records of the Land-Office ; and
124 THE DAT-STAE.
collar was succeeded by the cravat, it would seem, about tlie time of the Protestant Revolution. Buff coats were also worn as early as 1650. The cocked hat was probably not introduced before the year ITOO.
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 i^receding facts, in relation to dress, and including finger-rings, are predicated mainly of the Anglican and the Roman Catholic colonists.
Cattle-stealing never prevailed in Maryland to the same extent as it did in Scotland. But a gover- nor of Virginia was convicted ; and we had many cases in this province. A high sheriff of Kent was tried ; and, notwithstanding his acquittal, the evi- dence was very strong. The witnesses stated, that the bullock was eaten in *^ hugger-mugger ;" 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 dresa, eee note, in this volume, upon the will of Mrs. Fenwick, p. 215.
IGNORANCE OF LETTERS. 125
of ttem 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.
ISTo 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 i)ut to death by a company of sailors. And we have at least one case of conviction. It is that of John Cow- man, given in Ridgely's Annals of Annapolis.
Mr. Macaulay says, that many English gentle- men and lords of manors, as late as 1685, had hardly " learning enough to sign " a mittimus. 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.' We have instances here, in which the servant writes his name, and the mas- ter 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.
* 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-STA-R.
several of the earliest judges of tlie 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 hypothe- sis. In the past, we see the military ; in the pres- ent, the commercial spirit of society. Unights, 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 gentle- men of two hundred years ago, were not persons either of intelligence, or of lofty bearing. The an- cestors of these men had been upon many a bloody battle-field ; and a living tradition had supplied the place of history. IsTo class was more jealous of the honor of their families ; or the glory of their coun- try. 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 aristo- cracy of that kingdom ; and felt the highest pride in all that is grand, chivalrous, or glorious, in the an- nals of that great country, for the period of a thou- sand 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 tliis particular, has certainly been done to tlie memory of our ancestors ; and tlie 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 convic- tions, in the strength of their domestic aflections, 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.
'Nov 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, ISTor did it die, at the 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.
128 THE DAY-dTAit.
CHAPTEK 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 Ken- nedy, whose various contributions to our literature have con- ferred a lasting obligation upon the friends of historical learning j 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 diflBcult 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 pre- served (strangely enough !) upon the records of the Land Office. It consists of a report from the financial committee ; and the action of the Assem-
etudiously) 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 MS. for a copy of which I am indebted, through the kindness of Governor Lowe, to President Stouestreet, is a much older produc- tion, judging from its internal evidence, than any of the pub- lished writings of Mr. 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 pea of my good and dear friend, Wm. Meade Addison. It yet remains for me, by God's help, to try my own hand.
6*
130 THE DAY-STAK.
bly in relation to " The Bill of Charges." ' If we add to it a part of the journal of the following
* 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 assem- bled but Mr. Pile and IVIr, 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, 1G49 — all tobacco under-written due with cask.
ImprimiH, for the shallop and one man 9 days, .
For one man 8 days,
For two men, seven days,
For provisions for the men paid by the sherifif,. For fetching wood and water during this Assembly,
Tob. 200 080 140 100 150
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 161b. Tob. per day a man for twenty-one days >■ 2184 and for loss of their time, 101b. Tobacco per day, with cask, ) 000
Mr. Thornborough, for 21 days, 210
George Manners, for 16 days, 160
To Mr. Fenwick for his trouble at this Assembly, . . . 1200
For Mr. Bretton, 210
For Capt. Vaughan for going to the eastern shore, and sending down a boat and hands to St. Mary's, ....
500
[
For the clerk of the Assembly, for 25 days, at 501b. per day, . 1250
FRAGMENT OF THE JOURNAL OF 16J:9. 131
year/ and the facts already given by Bozman and other historians, it will be easy for ns to ascertain,
The sixth part of which 1250 Kent is to pay . . . 208 St. Mary's county to pay the rest, being .... 1042 For Mr. Conner for the charge of this Assembly, . . . 1342 The committee finding it just to be levied per poll, as we con- ceive.
CUTHBERT FeNWICK, \ PhILIP CoXNEK,
RicEtAKD Bajnks. v Richard Browne,
) Walter Peake. See Land Records, Lib. No. 2, pp. 488-489.
* " April 29th, 1650. — We, whose names are hereunder written, declare, that our intents in passing the Bill the last year, entitled an Act for the support of the Lord Proprietary (and do verily believe, that the intention of the whole House then was), that these words in the law, viz., * touching the late recovery and defence of the province,'' is only meant thereby, that those sol- diers who came up in person with Governor Calvert, deceased, out of Virginia, and those others who were hired into the Fort of St. Migo's, for the defence and preservation of the province, and government reassumed by him ; and other just arrears incurred during that time in the said Fort, should be satisfied by virtue of that Act ; and no others. Wm. Stone, Thos. Green, John Price, John Pile, Thomas Hatton, Robert Vaughan, Cuthbcrt Fenwick, William Bretton, George Manners, Robert Clarke.
" 29 th April predict. It is thought fit by both Houses of this present Assembly, that the act above-mentioned be understood and judged upon according to the intentions expressed in the declaration above-written. Concurred, nt supra. Assented ut supra.
Land Record?, Lib. No. 3, p. 345.
132 THE DAT-STAR.
beyond the shadow of a doubt, who were the Assemblymen of 1649.'
* The inference from the preceding fragment of 1649 is fully established by the analogy drawn from the Journal of 1650 — remembering, however, that Mr. Fenwick took the place of Doctor Mathews (see Bozman), and (what is also well known) that Messrs. Cox and Puddington were sent from Anne Arundel county.
" Return from the Sheriff of St. Mary's, 2d of April, 1650.
"All and every the freemen of St. Mary's county have been summoned, according to the direction of those summons, and have made choice of these burgesses following for every hundred, viz. : —
-n OL rt » 1. J J ( Mr. John Hatch,
For St. George's hundred, •<
( Mr. Walter Beane.
{ Mr. John Medley, For Newtown hundred, ) Mr. Wm. Brough,
( Mr. Robert Robins.
For St. Clement's hundred, Mr. Francis Posey.
( Mr. Philip Land, For St. Mary's hundred, | ^^^^ ^^^^^.^ ^^^^^^^
For St. Inigo's hundred, Mr. Thomas Matthews.
For St. Michael's hundred,
i Mr. Thomas Sterman, ( Mr. George Manners.
•• Which I humbly certify, in return hereof.
Nicholas Gwyther." See Land Records, Lib. No. 3, p. 47.
" Return from Kent, April, 5, 1650. " These summons were duly executed, and by virtue thereof, I was by the major part of the freemen, chosen burgess for the Isle of Kent county, which I do certify, in return hereof.
'* Robert VAUGHiusJ." Land Records, Lib. No. 3, p. 47.
COKRESPONDINa DOCUMENTS, 1650.
133
It will be remembered, that Cecilius, tlie pro- prietary, notwithstanding his residence in England,
0400
I 0600
Common Charges to be levied by equal Assessment through ye whole Province. April 21th. " The committee brought in the country's charge, For Wm. Lewis, for his attendance and bringing down Indians
last year,
For Matthias Briant for carrying ye governor's letter, . . 0100
For pressing Mr. Chappel's boat, 0200
For Francis Martinson, for going to Anne Arundel and Kent
counties,
For the cleric of the Assembly, for 24 days at 501b. per day, . 1200 For Philip's attendance on the burgesses, &c., .... 0420 For ye Sheriff, for his attendance on the House, . . . 0500
8420 Same Lib., p. 59.
'* The Committee^s Sill of Charges, this Assembly, brought in
27th April. Allowing:— St. Mary's,
{Robert Robins, for 27 days' attendance, at 501b. per day, 1360
Mr. Wm. Brough, for 21 days, at 501b. per day, . . 1050
John Medley, for 14 days, " "... 0700
To Mr. Philip Land, 26 days, " " • . . 1300
C John Hatch, 24 days, " "... 1200
< Walter Beane, 24 days, " "... 1200
To Francis Foesey, 2S days, at 501b. per day, . . . 1400
C George Manners, 21 days, 1050
To <
( Mr. Thomas Sterman, 21 days, 1050
To Mr. Cuthbert Fenwick, 11 days, 0550
" As for that Mr. Francis Broolfs was not able, through sicliness, to attend the House, and drawing of his wine, the committee think fit not to provide for hira at all. Kent, To Capt. Robert Vaughan, for 40 days, at 501b. per day, . 2000 To boat and hard, &c., 0250
134 THE DAY-STAR.
possessed an important part of the law-making power. It is certain, the " Act " relating to " Eeli- gion" received his approval. Under the provi- sions of the charter, it could not have become a law, in the proper sense, without his sanction, either expressed or implied. "We know he approved it. And the fact is undisputed.
Capt. "VYm. Stone, it is also known, was the pro- prietary's lieutenant-general, or governor of the province. And the governor, at that period, was ex-officio the president of the privy council. His concurrence also in the passage of the Act, is a matter of record.
And we have the well-known commission of four privy councillors : — Thos. Green, John Price, John
Anne Arundel,
To Mr. Puddington, . „ , J. ^ ? for 37 days apiece, at 501b. per day, . 8700
Boat, hands, and wages.
" This assessment to be laid on the hundreds and counties, j^ro portionably, every county and hundred bearing their particular charge of their own particular burgess or burgesses.
" The committee finding already 3420 lb. more of tobacco upon common charge, besides what will hereafter be reckoned. Where- upon (not be able to make a true estimate of the people inhabit- ing in the several counties, whereby to proportionate the
ASSEMBLY-MEN OF 1649. 135
Pile, and Eobert Yauglian. Eobert Clark was, at tlie same time, the surveyor-general ; and Tliomas Hatton, the secretary of the province. It was the practice of these high officers, to sit in the Assem- bly with the councillors. And we have the j)roof, that they did so, in 1649./
Nine burgesses represented Kent and St. Mary's. Their names are : — Cuthbert Fenwick, Philip Con- ner, William Bretton, Richard Browne, George Manners, Pichard Banks, John Maunsell, Thomas Thornborough, and Walter Peake.
Including the governor, there were sixteen mem- bers, in the whole Assembly. Of the six privy councillors, Pobert Yaughan was the only one who resided in Kent. And Philip Conner represented the freemen of that county.
assessment equally) they refer the making thereof unto the meet- ing in October for that purpose.
Signed, John Price, James Cox,
Robert Vaughan, Philip Land,
John Hatch, Robert Robins,
Wm. Brough George Puddington.''
Same Lib., pp. 60, 61.
* They signed the certificate prefixed to the Declaratory Act of
1650.
136 THE DAY-STAE.
CHAPTEE XL
Their Faith — They sit in One House.
The proprietary was a Eoman Catholic ; and the governor, a Protestant. Three of the privj coun- cillors (Thomas Green, John Pile, and Robert Clarke), held the faith of the former; the other three (John Price, Robert Yaughan, and Thomas Hatton), with equal certainty, may be classed with the latter law-giver.
As the result of the strictest historical criticism — of the most careful and exhausting analysis of the whole evidence — it is but right to say, the proof is not discoverable, that more than two members of the whole House of burgesses (or representatives of the people) were either Protestants, or in direct sympathy with the Protestant class of colonists. That Mr. Conner and Capt. Banks belonged to that class, is a matter of evidence. And there is some degree of probability that Mr. Browne also
FAITH OF THE ASSEMBLY-MEN OP 1649. 137
held the faith of the English church. But it is certain, that five of the burgesses (Messrs. Fen- wick, Bretton, Manners, Maunsell, and Peake) cherished a faith in the Roman church ; and we have the basis of a very strong presumption, that Mr. Thornborough (a sixth member of this House) was also a Eoman Catholic.
Including the proprietary and Mr. Thornborough, ten of the law-givers of 1649 held the faith of the .Homan Catholic Church. If we count the governor and the two burgesses ; six, it will appear, belonged to some branch of the Protestant — pro- bably the Anglo-Catholic. Adding Mr. Browne, we have a seventh. But this is a superficial view of the question ; and refers only to the time, I they all sat in one House.
138 THE DAT-STAB.
CHAPTER XII.
The Whole Strength of the Roman Catholic Element in the Assembly.
All, we have from the remaining parts of the journal, is that on the " last day " of the Assem- bly, the representatives of the freemen, with the governor, and with the privy conncillors (except- ing Messrs. Pile and Hatton), assembled in one " House ;" and that, on the same day, was passed the " Act concerning Religion." ^ It can be proved from the records, that of the fourteen, eight (including Mr. Thornborough) were Roman Catho- lics ; and six (with Mr. Browne) were Protestants. But this estimate does not render strict historical justice to the claim of the former. The privy coun- cillors were, all of them, as well as the governor, the special representatives of the Roman Catholic
^ In the marginal note to the copy of the Act upon the Records of the Land Office, the date of its passage is given.
EOMAN CATHOLIC ELEMENT IN THE ASSEMBLY. 139
proprietary;' under an express pledge imposed by him, shortly before the meeting of the Assembly (as may be seen from the official oath), to do nothing at variance with the religions freedom of any be- liever in Christianity ; and removable, any moment, at his bidding. It would be fairer, therefore, to place the governor and the four privy councillors on the same side as the six Roman Catholic bur- gesses. Giving Mr. Browne to the other side, we have eleven Eoman Catholic against three Pro- testant votes.
* This fact is presented, in a very forcible light, by Mr Addison. See Addison's Religious Toleration in America.
140 THE DAY-STAE.
CHAPTEK XIII.
The Burgesses, as a Distinct Branch of the Legislature — A Majority of Roman Catholic Representatives.
But there is the strongest evidence to show, that at a previous stage of the session, the Assembly sat in two Houses. This is the opinion of Bozman, w^ho is, by no means, partial towards the Roman Catholics — an opinion sustained also by Chalmers, by Bacon, and by Bancroft. It is evident that Mr. Fenwick received an extra allowance.^ May we not suppose, he was the chief officer, or speaker, of the Lower House? But the best argument is drawn from the analogy furnished by the Assembly of the following year ; and by the very phraseology, in the Act relating to religion. We know the Legislature* of 1650, although expressly divided into two distinct chambers, sat near the end of the session, in one House. '^ And, in the
* See the Bill of Charges, ante, p. 130.
• The journal of 1650 has been preserved. It is in Lib. No. 3,
ROMAN CATHOLICS IN THE LOWER HOUSE. 141
Act, of which we are speaking, there is a clear reference to an Upper and Lower House/ If we suppose, therefore (what cannot admit of a reason- able doubt), that the Act passed each House before its final adoption by the whole Assembly in one body ; and still give Mr. Browne to the Pro- testants ; we will find there were six Roman Catho- lics (including Mr. Thornborough) against three only of the other class of delegates.
in the Land OfBce. And there is abundant evidence to show that many of the laws and orders of that year were passed by " both Houses" sitting in one. I have now before me an extract from p. 61, which distinctly states, that on the " 29th " of April, the " bur- gesses of the Lower House being sent for, came and joined them- selves with the Upper House," for the *' more convenient and speedier dispatch of all business." Other extracts could be given.
^ In the recorded copies in Lib. Laws, C. and W. H., p. 106, and in Lib. W. H. and L., p. 1, it is said, the law was enacted, " with the advice and consent of the U^per and Lower House." '* With the advice and consent of this general Assembly," according to the copy in Lib. No. 2. These copies seem to indicate the different stages of proceeding.
142 THE DAY-STAB.
CHAPTER Xiy.
Population of the Province in 1649 — ^Predominance of tlie Roman Catholic Element at the Period of the Assembly — The Honor due to the Roman Catholic Freemen of Maryland.
If we take the religions elements of the popula- tion represented in this Assembly ; the difference will again be in favor of the Roman Catholics.
In 1648, the burgesses appeared either as indivi- dual freemen ; or as the representatives, each, of a definite number. And, in 1650, the six hundreds of St. Mary's county, as distinct integers, sent their own respective delegates. Assuming the constitu- tion of either year, for the sake of the argument ; the result, in 1649, would be substantially the same.
The settlement upon Kent Island was an off- shoot of the Anglo-Catholic colony at Jamestown. Col. Clayborne was undoubtedly an Episcopalian. There, also, have we the traces of the life and
ANGLO-CATHOLICS OF KENT. 143
Jabors of the Rev. Richard James, and ol one or more other ministers of the Anglican church.^ It is but just to admit, that most of the Islanders were Protestants. But the population of Kent was small. In 1639, if not mcmy years later^ she was but a hundred of St. Mary's county.' In 1648, she paid a fifth part only of the tax ;' and did not hold, in the Assembly of that year, a larger ratio of political power.* That also was before the
* Thanks to the zeal and learned diligence of the Rev. Mr. Allen, but especially of Mr. Streeter.
"^ In 1639, was also erected the "hundred Court of Kent." Bozman, vol. 2, p. 140.
' From the Bill of Common Charges at the Assembly of 1648, I talie, as an illustration, " The Clerk's Fees." This item amounts to 1250 pounds of toba«cco, of which " Kent is to pay 250." Lib. No. 2, pp. 302-303.
* It was about a fifth, as the following Protest of that year will show. It is signed by all the members, including Captain Vaughan, the delegate from Kent ; and Captain Bradnox, and Mr. Conner, the two freemen from that county ; —
Tlie Protest of 1648, JVew Style.
" "Wo, the freemen assembled in this present general Assembly, do hereby declare, under our hands ; and generally, jointly, and unanimously protest, against the laws which are now pretended to be put in force by the last general Assembly ; conceiving that they were not lawfully enacted. For that no summons issued out
144: THE DAT-STAK.
return, we may suppose, of all the Koman Catho- lics, who had been expelled or exported from St. Mary's, by Capt. Ingle, and the other enemies of the proprietary. In 1649, she had but one delegate; while St. Mary's was represented by eight. And this year, she paid but a sixth part of the tax.' And for many years after, as well as before this Assembly, there is no evidence what- ever of a division of the island, or the county, even into hundreds.^ Its population did not, in 1648, exceed the fifth ; nor in 1649, the sixth part of the
to all the inhabitants, whereby their appearance was required by lawful authority. Witness our hands, this 28th January, 1647.
Robert Vaughan, 24 voices. Robt. Clarke, proxy, Geo. Akerick, 8,
Cuthbert Fenwick, 3, Walter Peake, 22,
Robert Percy, proxy, ) ^ Wm. Thompson, proxy, Capt. Price, 9,
> 15 John Medley, ) Thomas Bradnox,
Phil. Conner, Thomas Thornborough,
Richard Banks, 24, Edward Packer, 8,
Thomas Allen, 6, John Wyatt, proxy, Mr. Brooke,
George Saugher, 6, Edwd.Cotton, proxy, Barnaby Jackson, 9
Walter Waterlen, 2, William Bretton, 4."
Lib. No. 3, pp. 293-294 ; and Bozman, vol. 2, pp. 323-324.
It would seem, then, that in the Assembly of 1648, there werd
but 27 votes for Kent, and 130 for St. Mary's.
* Bill of Charges for 1649, Lib. 2, p. 488.
' I have carefully examined the records at Chestertown ; and
am satisfied this county was not laid off into hundreds till many
years afterwards.
POPULATION OF THE PROVINCE IN 16d:9. 145
whole number of free white persons in the pro- vince,*
In no hundred of St. Mary's county, was there a majority of Protestants, unless in St. George's. It is not altogether certain that the Protestants out- numbered the Roman Catholics, even in that hun- dred. The Rev. William Wilkinson, of the English church — the first permanent pastor of the
' The numbers and resources of the province had been greatly diminished by the contest of Col. Clayborne, by the rebellion of Capt. Ingle, and by various other causes.
Notwithstanding the destruction of so many of the records, and the lapse of so much time, it is gratifying to think that amid the twilight of the past, we have still •preserved for our own generation, many of the most important lights and landmarks of history ; and that the population of the province, at the period of which I am writing, may yet be ascertained with a reasonable degree of certainty. If we multiply five by the twenty-seven votes from Kent — the number which represented, in 1G48, its freemen, or the heads of its families — that county will have 135 persons. The same ratio will give to St. Mary's 650. But this estimate was true of the latter county only at the beginning of that year. The month of June, there were not less than 110 tithables, or 700 persons in this county. And the return of other colonists to St. Mary's before the succeeding April, accounts for the fact, that in 1649 Kent paid but a sixth part of the tax ; at which time the whole population of the province approached 900, including the 130 or 140 inhabitants upon the Isle of Kent. For the levy and assessment of 1648 upon St. Mary's, see Lib. No. 2, p. 366, and p. 369.
7
146 " THE DAY-STAR.
Anglo-Catliolic faith after the landing of the Pil- grims— but whose name has never yet appeared upon any page of Maryland's history — did not arrive in St. Mary's till the year 1650. A preacher and a planter, engaged in the discharge of his ministerial functions, as well as in the trade of the province (and what right have we to censure one who seems to have been without a temporal sup- port from his own church ?) ; living also, for a long period, in St. George's hundred ; we cannot sup- pose he was altogether unsuccessful in his official labors. But even before his arrival, we there discover the germs of an early Anglican faith. In that hundred, as early as 1642, lived the "Wick- liffes, the Cadgers, the Marshalls, and other Epis- copalians.^ There also was the earliest home,
^ " Council Proceedings," Lib. 1637 to 1658, pp. 209-215. Wm. Marshall's deed for •' three heifers " is an interesting paper ; and one of the earliest gifts upon the Records of Maryland for the support of a Protestant ministry — the very first I remember, in which allusion is made to a " parish." It may be found in Lib. No. 1, on pp. 608-609, and is dated "the 3 day of June," 1654— the pro- posed field of labor being a locality then called " The Neck of Wicocomico." Robt. Cadger, whose devise is mentioned by Bacon, was the only son of the Robert who came from the Old World, and who lived in St. George's in 1642. The will of the
a:nglo*catiiolics of st* oeobge^s, 14?
Jthough at a period subsequent to 1649, of the Addisons, of Oxon-Hill, a family wliich, for more than six generations, has borne a willing testimony to the faith of Cranmer, of Ridley, and of Latimer/ Conceding, what must remain a matter of consi- derable doubt, that St. George's was a Protestant hundred as early as 1649 ; and adding the county of Kent, on the eastern shore ; the Protestants would hold two-sixths, or one- third, of the whole political power, substantially, if not formally, represented during this year, in the Lower House of the Assembly — an estimate which also accords with the ratio of the Protestant to the Roman
emigrant contains a conditional devise for the erecting and " maintaining of a free-school " upon his home plantation, and is dated in the year 1667. We are also struck ^'ritu the fact that the person selected by the ** Protestant CathoLcs," as the organ of their petition against Doct. Gerrard, fo: seizing the "key " to the chapel (see Bozman, Vol. 2, anno 1642, p. 1!)9), resided in thia very hundred ; and that he bore the surname of Wickliffe, the morning-star, in the opinion of our Protestant historians, to the Reformation of the sixteenth century ; certainly as important an agent in the production of that event as the great Wesley in the reproduction of the Oxford theology of the present age.
^ In this hundred lived also Col. Price ; and (I have reason to think), for a short period, Capt. Banks. But I cannot say what time they became residents.
14S THE DAY-STAR*
Catholic delegates— assuming that Mr. Browne was one of the former* But it is not improbable that the Protestants constituted a fourth only of the population of Maryland.
The Protestants had, it is true, a majority in the Assembly of 1650o^ But it was proper tliat the opportunity should lye offered them^ under the most favorable circumstances, of acknowledging their gratitude for so beneficent an administration of the government ;' and of testifying in the most formal manner, that, under the proprietary's rule, they were in the enjoyment of a real, practical free-
* The eleven delegates from St. Mary's were John Hatch, Walter Beane, Wm. Brough, Robt. Robins, Francis Poesy, Thos. Steerman, Cuthbert Fenwick, Geo. Manners, John Medley, Philip Land, and Francis Brooke — the first six Protestants, the remaining five Roman Catholics. James Cox and Geo. Puddington (Protes- tants) represented the newly-erected Puritan county of Anne Arundel ; while Capt. Yaughan (another Protestant) was the repre- sentative from Kent, but sat also in the Upper House. Of the hundred of St. Mary's, Messrs. Hatch an i Beane represented St. George's ; Messrs. Medley, Brough, and Robins, Newtown ; Mr Poesy, St. Clement's ; Messrs. Land and Brooke, St. Mary's ; Mr. Fenwick, St. Inigoe's ; and Messrs. Steerman and Manners, St. Michael's. Lib. No. 3, 47-55. See also ante, p. 71, and p. 132.
^ This they did in a most handsome manner. See Act of Re- cognition in Bacon and in Bozman.
K03kIAN CATHOLICS OF ST. MARy's. 149
.dom.^ Even on that occasion, they outnumbered the Roman Catholic delegates from St. Mary's, by a majority of one only.' And it is but necessary to add, while one of the most prominent Roman Catholic delegates of 1649 was elected to the honorable post of clerk of the Assembly in 1650, and two others held a seat in that body, not a sin- gle Protestant of the latter year had represented the county in the Legislature of the former.
St. Mary's was the home — the chosen home — of the disciples of the Roman church. The fact has been generally received. It is sustained by the tradition of two hundred years, and by volumes of written testimony ; by the records of the courts ; by the proceedings of the privy council ; by the trial of law-cases ; by the wills and inventories ; by the land-records, and rent-rolls ; and by the very names originally given to the towns and hun- dreds ; to the creeks and rivulets ; to the tracts and manors of the co mty. The State itself bears the
^ See the Protestant Declaration.
' The Declaratioa itself is quite suflScient. But abundant evi« dence of the fact is elsewhere preserved.
150 THE DAY-STAE.
name' of a Kornan Catholic queen.' Of the six hundreds of this small county, in 1650, five had the prefix of St. Sixty tracts and manors, most of them taken up at a very early period, bear the same Roman Catholic mark.' The villages and
^ It was once very often written " Marie-Land ;" and St Mary's, not unfrequently " Saint Marie's." " Terra-Marias " is the name given to the province in the Latin Charter.
^ Henrietta Mariah, the wife of Charles the First, and daughter of Henry the Fourth, the great king of France — a name given also to a daughter of Capt. Neale (a favorite of the Crown), through whom the Lloyds, the Tilghmans, and many of the other most distinguished Protestant families of the province, derived the best Roman Catholic blood. The name itself has come down through the same channel, consecrated by the recollections and traditions of many generations ; cherished in the memory, and enshrined in the heart of more than one living descendant of the Neales.
^ I have easily counted this number ; and am satisfied they are not all — to say nothing of many more taken up in Charles, by colonists living there in 1649, and before that county was carved out of St. Mary's. It is, of course, not certain that every one was surveyed for a Roman Catholic ; nor have many of the well- known FbOman Catholic estates any prefix. But who can doubt the historical value of such general evidence in estimating num- bers or masses, or deny that '• St. Peter's Key," "St. Peter's Hill," or most of the other tracts of this class were taken up by the mem- bers of the Roman Catholic Church? See Rent Roll for St. Mary's and Charles, Vol. 1 and 2. In the county of Anne Arundel,
BKIGH-TAM-MOUGH AND COUNA-WEZA.. 151
creeks, to this day, attest the wide-spread preva- lence of the same tastes, sentiments, and sympa- thies. Not long after the passage of the " Act " relating to " religion," the Protestants, it is admit- ted, outgrew their Eoman Catholic brethren ; and, in 1689, succeeded very easily in their attempt to overthrow the proprietary. But judging from the composition of the juries, in 1655, we see no rea- son to believe they then had a majority. In the trial of the Piscataway Indians,' during the year
the original seat of the Puritans (but soon after the home of the Quakers and of other Protestants), and at the date of the Rent Roll I have consulted, several times the area of St. Mary's, there were but three estates with the prefix 1 And each of these, it appears, was taken up by gentlemen, who from evidence aliunde, were Roman Catholics.
' Skigh-tani-mough and Couna-weza. They were tried at the September Term of the Provincial Court, at St. Mary's, for the murder of two negro servants. Gov. Stone, the Chief Justice, presided 5 the Attorney-General, Mr. Hatton, conducted the pro- secution ; and Mr. Feuwick was the foreman of the Jury. The scene of the murder was nrjar South River ; and the servants, as well as the plantation where the deed was done, belonged to Capt. Daniel Gookins— a name distinguished in the early history of New England. Mary, the servant, who had escaped, notwith- standing the severity of her wound, was the chief witness. But Warcosse, the Emperor, had sent down to St, Mary's some arti- cles found in the possession of the suspected Indians, and which, it
152 TEE DAY-STAS.
1653— -a case where religious bias, we may sup- pose, could exert but little influence on tlie selec- tion of the jurors — it would be safe to assert, that, at least, twelve (or one-half of the panel) were Eoman Catholics.' In the cases of Kobert Holt,
was known, had belonged to Capt. Gookins. And the Indians, who spoke through interpreters, confessed at the trial they were present at the murder — at one moment admitting, at the next denying their guilt : " fearful, and desiring," says the record, " to conceal " it. They were convicted, sentenced, and executed on the same day. For the trial of the case, see Lib. No. 1, pp. 482-485.
* The Jurors were Cuthbert Fenwick, Wm. Bretton, Edward Packer, Philip Land, Wm. Evans, Richard Hoskins, Wm. Johnson, John Medley, Richard Willan, Henry Adams, James Langworth, John Thimblebee, Nicholas Gwyther, John Steerman, Richard Banks, John Lawson, Robt. Cadger, John Nichols, Daniel Clocker, Wm. Edwine, John Taylor, John Harwood, Zachary Wade, and Thomas Sympson. There is strong reason for the opinion, that the first twelve were Roman Catholics ; and that eight of the other twelve were Protestants : i. <?. 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 HOLT AND WILKINSON. 153
and the Kev. 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.
* Indicted, the one for " bigamy ;" the other as an " accessary." See Lib. S. 1658 to 16G2, Judgments, pp. 200-201. They were indicted separately ; but it Nvas proposed to try them before the same jury. And they both lived in St. George's. See Indict- ment. Mr. Thomas Hynson, the ancestor of the Ilynsons 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 "saith, that he did join" them "in marriage ;" " but denyeth yt he did any thing by way of divorce ;" " notwithstanding confesseth y t 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- lic theory, which elevates monogamy to the dignity of a sacra- ment, 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
154 THE DAY-STAK.
of these cases, twelve fit Protestants conlcl not be found at the provincial court' held at St. Mary's, and usually thronged at that period with crowds of appellants and appellees ; with witnesses in civil and in criminal proceedings ; Avith spectators, and many other residents of the province !^ Immediately
Assembly never granting a divorce a vinculo for any cause what- ever— and the English Church having no higher representative, or depositary of her authority, in this province, than the clergy- man 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 proprie- taries, during the sixty years before the removal of the govern- ment 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.
^ 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, PLobert Blunkhome, and Hugh Bemin. After the reading of the indictment, " the prisoners allege, yt this jury *' 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. C0RNWALLI3. 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 Protestants ^ (one, if not both, non-residents of St. Mary's county), exclusive of the four, who had been summoned in the cases of Messrs. Holt 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 persona indicted or convicted. P. 215.
* The case Overzee vs. Cornvvallis.
' 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 5 and the remaining two were Mr. 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, wi^re members of the church of Rome.
156 THE DAY-STAH.
But the wills furnish the best clew to the faith of our early ancestors — ^precious memorials of the past — ripe liarvest-fielcis of rich historical lore — giving 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 pre- cious. For they touch our hearts. They breathe the sj)irit 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 testi- mony to a mighty truth in the history of a conti- nent, and to a sublime doctrine of the Christian religion! More of them emanate from a Boman 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 Eome. It would be difiicult to give all the recorded confessions, or the half of those little tes-
ROMAN CATHOLIC WILLS. 15T
timonials of love and fidelity, which were be- queathed to the same church, during the fifty years Bucceeding the settlement at St. Mary's. But it will be sufiicient to say, the Koman Catholic greatly exceed the number of Protestant wills ;* and of the latter (or those having any sort of anti- Eoman-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 dif- ferent 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 Eoman Catholics, in 1649. Excluding the ser- vants (a large class, at that time), there can be lit- tle doubt upon the point of mere numbers, and
^ 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 loss than four to one. Messrs. Fenwick and Manners are the only burgesses of the Assembly in 1019, 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 Eoman 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 jSV than any hundred erected before or after the year 1649. St. Inigo's was probably not carved out either of St. Mary's, or of St. Michael's, before the year 1650 ; but included a manor held by the missiona- ries as early as 1639,^ with the manor-house,' or supposed seat of one of the interesting little Roman Catholic missions.
E'or ought the activity of many of the priests, in converting the Protestants ; or the large number of emigrants they also had introduced ;* be omit-
* Rent Roll for St. Mary's and Charles, vol. 1, Newtowa hua dred.
^ See Rent Roll, St. Inigo's manor.
' 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 cen- sured them. Bat the very reproach implies a con- cession. Before the year 1649, they labored Avith 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.
^ We have no complete catalogue of the Roman Catholic Mis- sionaries, 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 1635 ; 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.
' I 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 CHEIST 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."
Looking, then, at the question, under both of its aspects — regarding the faith, either of the dele- gates, or of those whom they substantially repre- sented— we cannot but award the chief honor to the members of the Koman church. To the Koman Catholic freemen of Maryland, is justly
^ The Jesuit Fathers, who came in 1C34, 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. MeSherry, 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 esti- mate of their contributions to our literature.
HONOR DUE 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 THE DAY-STAR.
CHAPTEE XY.
Cecilius, the Lord Proprietary. His Life, Character, and Family.
If the founders of our ]3olitical 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 16^9.
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 commemo- rated, cannot now be fully ascertained. They are : jpaly of six^ or and sable ^ a hend coimterchanged ;
CECILIU8. 1^3
and were engraved upon the early seal of the province/ occupying the lirst and fourth quarters of the escutcheon. They are also borne by the English Calvej'ts now living at Albury Hall, and at Hunsdon in Herts.^ 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. He 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
^ According to Lord Baltimore's instruction (see the Com- mission 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 mistalie 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.
^ Burke's Dictionary of the Landed Gentry.
' Kennedy's First Lord Baltimore. *
164 THE DAT-STAE.
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 Chesa- peake ; 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 from the liberal policy he adopted, in the establish- ment and government of the colony in every other particular. During the first few years, he ex- pended 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 nominal.^ And, although he manifested no sympathy with republicanism, in its present sense (the supposition betrays, indeed, a
Kilty's Landholder's Assistant, pp. 29-45.
csciLits. 165
great aosurditv), the whole administration was distinguished for its mild, and just, its beneficent, and paternal character. Tradition, also, has given him the appellation of Pater PatricBo And the jour- nal 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 Roman Catholic missions, he also has a claim upon our regards. Could any- thing 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 accus- tomed to submit their gravest questions to the decision of his government. To them, as well as to the colonists, was he indeed a guardian ; temper- ing justice with mercy in every case compatible with the principles of order, and with the great ends of civil society. " Halcyon " ' was the period ;
^ McMahoa's Maryland.
' 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 histori- cal justice. The scene at Yaocomico^ upon the landing of the Maryland 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 Sliakamaxon^ and which has given such wide celebrity to the vene- rable name of Penn.
It is painful to think of the case of Col. Clay- borne. His 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 obli-
of 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.
* Where a part of Philadelphia now stands.
' Mr. S. F. Streeter.
cEciLnj&« 16T
gation. It seems the principle upon whicli 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 settlen>ents upon the Delaware ; and in the one decided about a century later, it is indirectly sanctioned, so far as regards the ground of prior occupancy, by the celebrated opinion of an English chancellor." But Clayborne, unlike Penn, never had a charter. The contest in Maryland was bitter and bloody. Both settlements had suffered much misery and loss. And upon Clayborne's own appeal to the authorities of the English gov- ernment, the course of the proprietary upon the main point, was sustained. The claimant from Virginia committed another error. He con-
^ Clayborne founded his settlement before the arrival of the Pilgrims at St. Mary's, or even the date of Lord Baltimore's char- ter, which did not, in clear language, include any colonized terri- tory. The claim of the Swedes upon the Delaware also embraced within the Maryland charter (as far up as the fortieth degree including the site of Philadelphia), was partly based upon the same ground as that of Clayborne.
" Lord Hardwick. See Reports, 1 Vesey, Sr., pp. 444-456. This decision virtually settled the long and tedious controversy between Marvland and Pennsylvania.
168 THE DAT-STAE.
founded the question of jurisdiction with the right to the soil ; and Maryland could not consent to the exercise by Yirginia of any sovereignty over the Isle of Kent. E'or was Clayborne, as the occupant of land there, justified in retaining his alle- giance to the government at Jamestown. At the origin of his settlement, our sister colony, it will be remembered, existed by the sufferance, or at best by the guardianship of the Enghsh crown.' And there is no evidence whatever of the pro- prietary's unwillingness at the beginning of the controversy, to grant, upon the proper application, a full confirmation of the title to every tract the secretary of Virginia had reclaimed from the wil- derness. The purchase from the Indians was not sufficient.*
Cecilius died in 1675. As early, however, as 1662,. he sent Charles, his son and heir, who lived
^ It has been said, the charter to Lord Baltimore for territory within the original limits of Virginia invaded the rights of that ct)lony. But the one given to Virginia was talien away, however unjustly, before the date of Lord Baltimore's.
' It was against a well established principle in the policy of nations, to recognize a title, without a previous sanction from the Crown, of which the purchaser was a subject. Such is also the law of the United States.
CECILIUS. 169
many years in the province, a part of tlie time at Mattapany-Sewall ; ' sharing the fortunes of the other colonists ; and marrying the widow ^ of one of the most distinguished; giving evidence of those noble qualities, which had rendered the memory of the first proprietary so dear to the people of Mary- land ; and amxid many embarrassments, leaving, both as a governor and a pix)prietary, the indelible foot-prints of an able, a wise, and a just administra- tion. From Charles is traced the descent of the other proprietaries^ now represented by the Cal-
* Near the mouth of the Patuxent, originally the dwelling-place the Mattapanients (one of the most friendly tribes of Maryland) ; next, the storehouse of the Jesuit Jrissions; but subsequently relinquished by the Missionaries ; and given by the Proprietary to the Hon. Henry Sewali, the privy councillor. The Mansion during Lord Charles Baltimore's residence, was the Government House of the Province. There, also, once stood a fort and a magazine.
' Jane, the widow of the Honorable Henry Sewali, the privy councillor, and the ancestor of the Sewalls of Mattapany-Sewall, including the descendants at Poplar-Hill, Prince George's County.
' The errors of Lodge (see his •' Irish Peerage ") were perpetuated by the " London Magazine " of June 1768 ; and some of the mem- bers of the family, art this time, are under the impression that John, instead of Charles, was the third baron of Baltimore. The following statement consists of facts derived from the provincial records, from the State Law Reports, and from other sources of
8
170 THE DAY-STAE.
verts of Prince George's County — George and his brothers being the grandsons of Benedict, the son of the fifth baron/ and who bore the baton in his escutcheon. Mount Airy, in the same county, has been the family seat, for several generations. May it long remain the home of the Calverts 1 *
the most reliable character. George was the first baron ; CecUius the second baron and the first lord proprietary ; Charles I. the third baron and second proprietary ; Benedict Leonard, the fourth baron and third proprietary ; Charles 11., the fifth baron and fourth proprietary ; and Frederick, the fifth proprietary ; at whose death, for want of legal issue, the barony became extinct ; but he gave the lord-proprietaryship to his natural son, Henry Harford, a highly accomplished gentleman, and whose authority, at the period of the American Revolution, was represented by Governor Robert Eden.
* There is also a branch at Riversdale, near "Washington ; and another at Newport, R. I. ; both offshoots from Mount Airy.
' Nelly, the daughter of Benedict, was married to Mr. Custis, The letter of General "Washington, the guardian of the gentleman who had sought her hand, is published in Sparks's Collection, vol. 2, p. 371.
GOYERNOR CALYERT, 171
CHAPTEE XYL
Governor Leonard Calvert^
The planting of a colony, amid tlie dangers and privations of a wilderness, from the most ancient to a comparatively modern period, assumed a high rank among the "heroical works''^ of man. In the history of Maryland, we see the union of the hero with the pilgrim ; the combination of a mis- sion derived from the laws of human destiny, and expressly given before the Fall, with the magnifi- cent and sublime sentiment, which soon became a living embodiment, under the form of religious liberty. The first of the spirits who personally took part in the noble adventure, and the chief of the original pilgrims, was Gov. Leonard Calvert.' The brother of the proprietary — young, but dis-
* Lord Bacon.
' He also bore the baton in his escutcheon. See Hildretb, Vol. L p. 209.
172 THE BAY-STAR.
creet ; full of confidence in his own stfengtli, yet fondly relying npon a higher power ; devoting his life and fortuneSj in the most energetic and honor- able manner, to the task of guiding and protecting the little band of emigrants— he seems to have pre- sented a practical exemplification of that beautiful conception J which pervades the bosom of . the idealist in every age ; representing the ruler of a grateful people, under the striking similitude of a shepherd. The visions of childhood are dispelled by the sober sense of manhood. But youth is the type of a cheerful spirit, and of a hopeful heart— the season of daring enterprise, and of heroic adventure, At the darkest hour in the fortunes of the colony, the soul of young Calvert never des- paired. Once driven from the capital by the enemies of the proprietary ; he rallied a force in Yirginia ; and returning to Maryland, at a propi- tious moment, recovered the government, which had been wrested from his grasp by the hand of pirates and traitors* The proprietary, of a less sanguine temperament, had regarded the temporary success of Ingle's arms in Maryland, with other untoward events, as a knell to the hopes of his colony ; and
GOVERNOR CALVERT. 173
a'ccordingly instructed Governor Calvert to gather Tip the wreck of his private property ; apparently abandoning for ever his rights under the charter/ But the courage of Calvert was not subdued ; his energy, at the most trying crisis, was not wanting. Pledging the personal resources of the proj)rietary, and making another effort, he succeeded. To him is due the honor of re-establishing the government, against the most fearful odds ; and of securing the field, which had been lost, for a fair experiment of those principles of religious liberty, which have since become the pride and boast of Maryland. Although his death occurred before the year 1649, he occupies a high and honorable place among the law-reformers of his age — having exhibited the first practical example of toleration, in his twofold character of governor and chief justice — in the former, exerting the largest discretionary power, both under the charter, and also under his commis- sion from the proprietary — in the latter, anticipa- ting the statute law, and shaping the judicial policy of the province, in a manner which reflected the liberal spirit of Cecilius. His tomb-
* McSherry.
i
174: THE DAY-STAE.
stone cannot be found; and our ignorance of the spot is a reproach to the living generation of Marylanders. But he was *'a great and good man," more illustrious for what he founded than the most successful generals for what they have^ overthrown and destroyed/ The sincerity of his faith in the Church of Rome has never been ques- tioned.'^
^ McSherry.
' I have no knowledge of his posterity ; and doubt if he was ever married, ly ^^i rr^^i^rxA^^ t 'L*.^****.*
GOVERNOR STONE. 175
CHAPTEE XVII.
Governor William Stone.
The ancestors of Gov. William Stone probably resided in ITortliamptonsbire, in England.^ But he bad one, if not several kinsmen'^ at London.
^ His earliest American residence of which I have any recorded knowledge, was in Northampton County, Va. ; Nanjemy Eiver, upon which stood his manor, in Charles county, Md., bore, about the time of the original survey, the name (Lib. No. 12, p. 116) of Avon ; and Mr. Thos. Sprigg, of Prince George's county, whom in his will (Lib. No. 1, 1635 to 1674, p. 90) he calls " brother," held a tract (Liber, Wills, T. B., No. 2, p. 444) also named Northampton I am inclined to think, the governor gave the name to Northampton county, t,
' He had (Lib. No. 2, pp. 313, 314) a near relation at London, whose very street is given, and whose name was Thomas ; and one of the divisions of Nanjemy Manor (called also the Manor of Poynton) was bounded (Lib. No. 11, p. 330) by Cheapside creek. He had at least two brothers. John also probably lived at London ; Mathew, in the province of Maryland. And several families of his surname, with distinct armorial bearings, resided at that city. With the aid derived from these facts, especially by connecting Thomas with the street he lived upon, it would be easy, it strikes me, to obtain the further evidence which is no doubt preserved
176 THE DAT'STAE.
And we may suppose he came from that city to America. He was the high sheriff in one of the counties of Yirginia, before he received his com- mission from Lord Baltimore. The early part of 1649, he arrived in Maryland ; and the same year, brought six persons into the province.* It seems also he took a kind and active part in securing a home for the Pnritans from Virginia.^ At the Assembly of 1649, he presided over the privy councillors, when they sat separately from the burgesses ; and over both branches when the mem- bers assembled in one body. In 1652, his unhappy contest began with the Puritan party.^ The Eng-
upon the records there, and thus to establish the identity of his with one of the other families j as well as to ascertain his own arms. For the armorial bearings of the different families of Stone, see Burke's General Armory.
^ Lib. No. 2, p. 425.
' Such is the opinion of a very respectable atithority. It is also certain (see his commission for the ofifice of governor, in Bozman) that he had undertaken to introduce 500 persons. But I have never seen the proof of the fulfilment of his engagement, nor the reasons of his failure.
' Many of the facts of this sketch not directly taken from the Records, will be found in Bozman's Maryland, to which I must refer my readers for a long but interesting, and in most respects strictly accurate account of the controversy.
V
GOVERNOR BTONE. 177
lisli parliament had sent out commissioners, with instructions to bring under subjection the colonies upon the Chesapeake ; and the governor was ready to acknowledge the authority of the home govern- ment, as it had been organized without a king or a house of lords. But more was exacted. And changes rapidly succeeded each other, not without violence, and greatly to the distress and disturb- ance of the whole province. Acting under in- structions from the proprietary, and. aiming to re-establish the form of government recognized by the charter, he marched from St. Mary's, in 1655, at the head of a little army ; and near the site of Annapolis was fought a memorable battle,^ in which the Puritans exhibited much fanaticism, great bravery, and extreme brutality. The governor "received a wound in his shoulder;" and most of his surviving adherents, including Col. Price, surrendered. The victorious party then held a court-martial ; passed sentence upon many ; exe-
* The battlefield, it is supposed, was at the site of Fort Horn, nearly opposite Greenbcrry's Point, where stood the first Puritan town. See Leonard Strong's " Babylon's Fall," and Langford's "Refutation," Ridgely's "Annals," and other authoVities. In another note, I have noticed the origin of the town.
8*
178 THE DAT-STAR.
cuted several; and, in cold blood, shot William Eltonhead, a privy councillor, a Roman Catholic, and a near relation of Mr. Fenwick. Through the earnest intercession of some of their own soldiers, the governor was rescued from the fate of Charles the First ! The estates of the prisoners were next sequestered ; heavy and cruel lines inflicted. And the governor was one of the greatest sufferers, through the agency of the very men whom, but a few years before, we have good reason for believing, he had so generously befriended. Some time after the restoration of the proprietary's government, he was a privy councillor ; and, throughout his whole life, sustained a high reputation for integrity and honor. Soon after his arrival, he lived in St. Michael's hundred ; the latter part of his life, upon " Poynton Manor," then called ]!!^anjemy; a part of which had been granted, in consideration of his " good and faithful services." ' At his death, which occurred about 1660, he had a house also at
^ Lib. Q. pp. 179-180. The original patent embraced 5000 acres ; and was held of the " honor of West St. Mary's ;" with the usual powers and privileges of a manor, including that of holding the court-leet and the court-baron.
GOVERNOR STONE. 1T9
St. Mary's city. He left many children ; ' whose posterity also resided upon the Manor. And most of his descendants, like himself/ were Protestants ; including the Kt. Eev. "William Murray Stone,' the third bishop in the Protestant Episcopal succession of Maryland. Many also of his descendants are distinguished in the civil and military annals of our country — ^Thomas/ his great-great-grandson, having signed the Declaration of American Independence ; Michael Jenifer, the brother of Thomas, having
* Verlinda was his wife ; and Thomas, Richard, Elizabeth, John, Mathew, Catharine, and Mary, were some of his children. See his will (Lib. No. 1, 1635 to 1674, pp. 90-93),) where he names also his brother-in-law, Francis Doughty ; and Richard, the uncle of his son, Richard Stone.
' See Signers of the Protestant Declaration.
' Of the eastern-shore branch, quite remote from the present representatives in Charles. But the relationship was claimed and recognized as late as the life-time of the bishop.
* Thomas, the grauduncle of Frederick, it is well known, was the son of David, who died about 1772. And it can be proved from the testamentary, and other records, that David was the son of Tliomas, and the grandson of John, the son of the provin- cial governor. The principal part of the proof is derived from their wills, recorded at Annapolis, and probably at Port Tobacco. The ascent also of Thomas, the son of William, may be traced, through the grandfather, Thomas, to Governor William, the great- grandfather. See their wills.
180 THE DAY-STAK.
been a member of the Convention whicli, in 1788, ratified the Constitution of the United States ; and John, another brother, and who had been wounded at Long Island, having held the post of governor, in this State, nearly a hundred and fifty years after the date of the commission from the proprietary for the same office, to William, the emigrant. And Frederick, now living at Port Tobacco, and a descendant of the sixth degree, through Michael Jenifer, from the early provincial governor, is one of the commissioners engaged in the grave work of reforming the practice of the courts in Mary- land.
GOVERNOR GREEN. 181
CHAPTEE XYIII.
Governor Thomas Green.
GoYERNOR Green was one of the pilgrims of 1634/ and the intimate friend of Governor Calvert. He was a privy councillor, as early as 1639 ; and for many subsequent years. The two short periods he held the post of governor are involved in too much obscurity to warrant any important inference, beyond the fact of his sincere attachment to the interests of the royal family at home." Governor Calvert appointed him, upon his death-bed, simply to supply a vacancy, in 1647.^ Under Governor Stone's appointment, he was also the chief execu- tive, a part of 1619. Of his faith, there is no doubt. One of his children was the namesake and godson of the first governor." And, in a trust-deed
' Lib. A. B. & H., p. 67 ; and Lib. No. 1, p. 41. ^ See the proclamation in favor of Charles the Second, in 1049, Bozman, vol. 2, p. 670. » Bozman, vol. 2, p. 307. * See Gov. Calvert's will.
182 THE DAY-STAR.
to Henry Adams and James Langworth, in 1650, he expressly says he is a Roman Catholic ; and gives by the same instrument, in testimony of the fact, a token of regard for the Rev. Thomas Cop- ley.^ He was several times married, and lived, it would seem, a short time before his death, in Yirginia. He had four sons.' His descendants resided in Charles County, at a period not long before the American Revolution. And some of his posterity' are probably now in the State. We have no reason to doubt he was present, in the Assembly, during all the important proceedings relating to the Toleration Act.
^ Lib. No. 1, pp. 188-189.
^ See his deed to Messrs. Adams & Langworth. Their names were Thomas, Leonard, Robert, and Francis. He had also a brother named Robert. See Lib. No. 2, p. 444.
' Greea's Inheritance was one of the tracts held by them.
COL. PRICE. 183
CHAPTER XIX.
Colonel John Price.
The year of Colonel John Price's arrival is involved in doubt.' But in 1639,' he represented St. Michael's hundred in the General Assembly ; and soon rose to eminence, as a soldier. His ser- vices are the subject of the proprietary's notice ; and as a mark of his merit, he received the com- mission of mustermaster-general of the province, in 1648.'' The same year, he was appointed a privy councillor. He was distinguished for his fidelity, during the insurrections and rebellions beginning in 1645. And perhaps to his soldier- like skill and courage, was Governor Calvert chiefly indebted for the recovery of his authority. He also had the command of St. Inigo's Fort, at a
^ Several persons of his name came about the same time.
^ Bozman.
' Bozman, vol. 2, pp. 652.
184 THE DAY-STAR.
very critical period. He was a signer of the Protestant declaration in 1650 ; one of the chief sufferers, at an advanced stage of his life, under the misrule of the Puritans ; ^ and, as a privy council- lor, at a subsequent period, sat upon the bench of the Provincial Court. He died in 1661. As a soldier, a councillor, and a provincial judge, he sustained the highest character. Judging from his will, he was also a kind master. He bequeathed a token of his benevolence to each of the six indented white-servants who had lived with him.' He was illiterate ; but nature had given him the best powers of observation and perception. His opinions in council are marked with a candor worthy of the knight ; and generally, if not always, on the side of a strict conservatism ;^ short, indeed, yet full of pith, and directly to the point. Tliose upon the bench are equally brief; but still
^ Lib. No. 3.
" '' I give and bequeath," he also says, '' unto my loving friend, Mr. William Wilkinson, the sum of 350 pounds of tobacco, for the preaching of my funeral sermon." His daughter was named Ann. See the Will, Lib. No. 1, 1635 to 1674, p. 141.
' Witness his pithy opinion against the revolutionary manoeuvre of Gov. Fendall. See Council Proceedings.
COL. PEICE. 185
distinguished for their strong and clear sense of justice. The sword, however, and not the pen, was the emblem of his greatest excellence. It was in the garrison and the field, rather than at the council-board, in the march against the Indians more than in the delivery of judicial decisions, that we find, he was conspicuous. But we have every reason to believe, the part he took m the Assembly of 164:9, was in the highest degree honorable to his memory. Of the posterity of this rude and unlettered, but still genuine cavalier of St. George's hundred (for there he resided the latter part of his life), nothing is known beyond the mention of a daughter in his will.
186 THE DAY- STAR.
CHAPTER XX.
Honorable John Pile.
The Honorable Jolin Pile ^ was probably a native of Wilts. And his residence upon the Wicomico, in Maryland, granted for "good and acceptable services," consisting of four hundred,* but subsequently of a thousand acres,^ bore the name of Salisbury.'' It was the home also of his posterity for several generations. Before 1648, he
* The appellation of "Honorable" was given at a very early period, to the members of the Privy Council, and to the Judges of the Provincial Court. The name of Mr. Pile is, in some places upon the Record, spelt Pyle—at others, Pille.
2 Records of the Land Office, Lib. Q., pp. 447-448. ' Rent-RoU for St. Mary's and Charles, vol. 2, fol. 371.
* It is generally called *' Sarum " — another name only for the old borough in Wilts, where also, about two miles distant, is the city of " New-Sarum,'' or Salisbury. In Liber S., 1658 to 1662, •'Judgments" (see p. 221), the plantation is called "Salisbury." Salisbury was the name also of another tract held by the privy councillor's son. See Joseph's will,' Testamentary Records at Annapolis, Lib. No. H., pp. 64-65.
HON. ME. PILE. 187
ai'rived, with his wife ; ' and under his immediate care, during that year, came also the Tettershalls,' his relations/ professing the same faith,* and appa- rently from the same English county." In 16^9
' Records of the Land Office, Lib. No. 2, pp. 508-509. His wife's name is not given; but it was, no doubt, "Sarah" — the name borne by his wife, in 1660. See Records of the Court of Appeals, Lib. S., 1658 to 1662, Judgments, p. 22L
^ Their names were William and Mary. Records of the Land Office, Lib. No. 2, pp. 508-509.
^ The privy councillor frequently calls William Tettershall his " brother." E. g., see Lib. S., 1658 to 1662, " Judgments," p. 1072. He also calls Lieut. Col. John Jarboe his " brother." Land Office Records, Lib. No. 1, p. 247.
* William Tettershall's Will (see Lib. No. 1, 1635 to 1674, among the Testamentary Records in the Register's Office, at Annapolis) contains incontestable evidence of the fact. He also calls Lieut. Col. Jarboe (R. Catholic) his "brother."
* William Tettershall (see his will) mentions his brother John, " of Oddstoake, in Wiltshire." It seems also he had two other brothers : Lawrence, who lived at the same place, in Wilts, about 1648 ; and Peter, who resided at "Chidooch," in Dorchester, Eng- land. See the deed of his nephew, Edmund Smith, of Maryland, to Cuthbert Fenwick, upon the Records of the Land Office, Lib. No. 2, p. 439. The Tettershalls of Maryland subsequently lived in Prince George's. The supposition, that the Piles came from Salisbury, in England, is confirmed not only by the preceding facts relating to the Tettershalls, but also by a marriage men- tioned in the history of the Pophams, of Littlecott, in Wilts. About 1640, Elizabeth, the daughter of Sir Francis Popham, was married to Sir Gabriel Pile. The residence of Sir Gabriel is not
188 THE DAY-STAR.
and 1650, he sat in the privy conncil;* but his commission is dated in 1648.^ One of his descen- dants, it is said, became a Roman Catholic clergy- man ; and another a nun.^ Of the sincerity of his own faith, we have the recorded evidence. During the ascendency of the Puritans, at the period of a bitter persecution, he comes forward ; and '^ confesseth himself in court do he a Roman CatholiG " — acknowledging " the Pojpe's siqyre- raacy.^''^ The time of his death is not known ; nor can his will be found. But in 1660, he had three children, whose names were Joseph, Ann, and
stated. But I cannot but think he lived in the same county ; and was a relation of the Piles of Maryland. See Burke's Dictionary of the Landed Gentry, vol. 2, p. 1058. Constance, the daughter of George Tattershall, of Wilts, was married to Wm. Smith. See same authority, Vol. 2, p. 1354. There is no history in that work, of the Piles of Wilts, nor of any family of the same name.
^ See certificate prefixed to the Declaratory law of 1G50, Records of the Land Office, Lib. No. 3, p. 45.
' Bozman, vol. 2, p. 650. • ' The Testamentary Records also show how fondly attached were the Piles of Maryland to the faith of their forefathers. See, e, g., the will of Joseph, in 1692.
* The following is the entry upon the Record of the Provincial Court, in the Land Office, for October Term, in 1655 : "John Pyle confesseth himself, in court, to be a Roman Catholic ; and hath acknowledged the Pope's supremacy." See Lib. No. 3, p. 161.
HON. MK. HLE. 189
Mary.' His sou died in 16925^^ gi'^ing Salisbury to Joseph, the only grandson, and leaving Sarah with two other descendants. His grandson, whose will is dated in 1724, divided the family seat between the five great-grandchildren, Joseph, Bennett, Ann, Elizabeth, and Mary.^ Of Joseph, the privy councillor's great-grandson, there is an entry npon the records, as late as 1738.* At his death, the family, in the male line, it is supposed, became extinct. But there are descendants through several female representatives. It is said, the blood of the privy councillor still flows through the veins of the Brents of Louisiana, the descendants of Eobert Brent, of Charles County ; and that it is also represented by the children of Henry J. Carroll, of St. Mary's, in Maryland,
' Records of the Court of Appeals, in the Armory of the State House, Lib. S. 1658 to 1662, Judgments, p. 221.
' Will of Joseph Pile, Lib. No. H., pp. 64-65.
3 Will of Joseph, the grandson. Lib. W. B. No. 1, pp. 312-313. The testator also calls John Parnham his " brother."
* He was one of the witnesses to the will of John Parnham, dated la 1738 ; and in which are mentioned John, Francis, Xave- rius, Ann Maria, and Elizabeth, the children of the testator, and probably the descendants of the privy councillor.
190 THE DAY-STAR.
CHAPTEK XXI.
Captain Robert Vaughan.
Captain Yaughak held land upon Kent Island,^ upon Langford's Bay,'' and upon the Chester Eiyer." One of the tracts taken up by him, was called ^'Kuerdon," and another "Kimbplton" — the name also of a small town in Huntingdonshire, England. He was one of the Protestant members* of the privy council, in 1649 and 1650. In 1638, he held the office of constable' for St. George's hundred, in St. Mary's County — a post, at that time, not below the dignity of a gentleman. In 1642, he was one of the representatives^ in the General Assembly, from the Isle of Kent. He
^ Rent Roll for Talbot and Queen Anne's, vol. 2, fol. 299. ' Records of the Land Office, Lib. Q. p. 333. •Lib. Q., p. 338.
* See his signature to the Protestant Declaration.
* Bozman, vol. 2, p. 45.
^ Bozman, vol. 2, p. 215.
CAPT. TATJGHAN. 191
also represented tlie Island, during many subse- quent sessions of the Legislature. In 1647, he was the commander/ or viceroy, of Kent. In 1648, he received two commissions^ from the proprietary— the one investing him with the office of a privy councillor ; the other re-appointing him to the post of commander. In the latter, there is a strong testi- mony to his " fidelity, courage," and " wisdom," during the "insurrection" of Capt. Ingle, and his accomplices. About the first of ITovember, during the same year, he was removed from the com- mandership of the Island,^ in consequence of his disrespectful language towards Governor Green ; but re-instated, upon the ofi'er of an apology. Having become involved in a dispute with the commissioners of the County Court, he asked and received their forgiveness also." In 1652, com- plaints were expressed by the inhabitants of the Island."* We cannot say what they were. But he
* Bozman, vol. 2, p. 304. ' Bozman, vol. 2, pp. 649 and 653.
* Bozman, vol. 2, p. 660-6G1.
* See Record of the County Court, at Chestertown, in the Clerk's OflBce, marked " Court Proceedings '' (a fragment only of it remains), and beginning in the year " 1647."
' See Bozmaa. vol. 2. p 453-454. But Mr. Bozman is mistaken
THE DAY'STAR.
was soon afterwards removed from the office of commander, by Eichard Bennett, and the other commissioners appointed by Governor Stone. The office he had held, somewhat analogous to that of lieutenant-general, was one of the most honorable within the limits of the province.' He had exer- cised the power of granting land-warrants; but failed to transmit a copy of his record' — an omis- sion which nothing could justify, and which we can excuse ^ only, upon the supposition then pre va-
in supposing Capt. Vaughan was not removed by the commis- sioners. See the preceding " Court Proceedings," at Chestertown, beginning in " 1647." The Record does not, indeed, contain the charges or tke trial. But we will find there the order of the commissioners displacing Capt. Vaughan.
^ In the commission of 1648 (see Bozman, vol. 2, p. 653), he was clothed with the power of selecting his councillors ; of hold- ing courts, whenever there was a necessity ; of deciding all civil cases "not exceeding" ten pounds sterling; and of disposing of all criminal ©nes " determined by any justice of the peace in England," in the "courts of session, not extending to life or member." Some of the early commissions conferred also a great deal of military and executive authority. See Bozman for a copy of these commissions.
^ Bozman, vol. 2, p. 460-463.
' In extenuation of Capt. Vaughan's delinquency, it may be added, that the commander of Anne Arundel also failed to trans- mit a copy of his proceedings. And even the surveyor-general,
CAPT. VAUGHAN, 193
lent in the province, that the English government had resolved to deprive the proprietary of his lawful authority. The power to grant warrants was, therefore, revoked by Governor Stone, the latter part of 1652,' The date of Capt. Yaughan's death cannot be given. But he left two children : William,^ who died in 1684 ; and Mary, the wife of Major James Einggold,^ of Huntingfield. Wil-
Robert Clarke, a Roman Catholic, did Rot make a due return, in 1.652, of the certificates from that couuiy, and from Kent.
* Bozman, vol. 2, p, 463.
'^ The will of William Vaughan is recorded in Lib. G. See p. 64. He desires his friends to bury him " near ye body of his deceased father ;" requests Major Ringgold to be the " guardian " to his two little children 5 and gives his daughter a tract of 200 acres upon the Island, and which is still called '^ Parson's Point ;" but does not name either of the children — speaking of them, simply, as his "son" and "daughter." He divides the rest of the estate between his wife and two children.
^ The following is an extract (see Lib. G., pp, 232-233) from the will of Major Ringgold: '*1 give and bequeath unto my son, James Ringgold, the plantation I now live on, provided that my Bon, Thomas Ringgold, shall refuse to set him out 300 acres of land, at the northernmost bounds of GOO acres of land given by my father, Thomas Ringgold, deceased, unto my said son Thomas, before his death. And whereas my son, James Ringgold, is now the heir apparent unto Captain Robert Vaughan, late of Kent County, deceased — being the eldest son of the now only daughter, and heir of him, the said Vaughan — my will and intent is, that in
9
1.94 THE DAY-STAE.
iiain also left two children, who both died without Issue. But the priyy councillor was represented by James/ the son of Major Einggold, and who died upon Kent Island, about 1705, leaving three children.'
case he, the said James, comes to enjoy the same, that then ray aforesaid plaatation mentioned in this fourth Article, as also the 300 mentioned in the same Article, be and remain wholly to my son, Thomas Ringgold, and his heirs, for ever." Thomas, it would seem, was the son by a previous marriage. "William, John, and Charles, appear to be full brothers of James.
^ The will of James Ringgold, of Kent Island, then a part cf Talbot County, is dated in 1704. See Lib. T. B. No. 2, p. 660, He names his three children, Moses, Mary, and James.
' Thomas, the emigrant, and the ancestor of the Ringgolds af Kent Island, of Huntingfield, of Chestertown, and of Fountain- Rock, resided upon the Island, was a cotenporary of Captaia Vaughan, and sustained a responsible position upon the bench of the County Court. His son, Major James Ringgold, about 1680, founded New Yarmouth, which stood upon Gray's Inn Creek, and where the courts of the county were once held. For a period of more than two hundred years, the Ringgolds have been one of the leading families of Maryland. They are distinguished in the his- tory of our colonization, and of the early provincial commerce upon the Chester. At the period of the American Revolution, they were conspicuous for their patriotism. They have been represented in the Hall of Congress ; and upon the field of battle.
HON. MR. CLAUSE. 195
CHAPTER XXn.
The Honorable Robert Clarke,
The Honorable Robert Clarke arrived witbin four years ^ of tbe settlement at St. Mary's; and, in tbe sbipment of goods for tbe Indian trade, be represented a Roman Catbolic missionary, as early as 1639." Tbe same year, be sat as a freeman in tbe legislature ; ^ tbe following, was a deputy sur- veyor ;"* and in 1649, tbe surveyor-general of tbe province." He was not included in tbe commis- sion of 1648 for tbe privy council. But tbere is
* One of the records states he came in 1637 ; another, in 1633. See Land Office Records, Lib. No. 1, p. 71 ; and Lib. No. 2, p. 425.
' The Reverend Thomas Copley. Land Office Records, Lib. No. 2, p. 38.
* An individual, not a delegate. Into some of our early assem- blies, the representative system was but partially Introduced. Bozman, vol. 2, p. 103.
* Lib. No. 1, p. 72.
* The commission (see Bozman, Vol. 2, p. 339) is dated in 1648 ; but he did not immediately enter the office.
196 THE DAY-STAB.
evidence of the fact, tliat he sat in that House of the Assembly, in 1649, and in several subsequent years.' Many of the certificates signed by this survey or-general, are still preserved ; and in 1651, he occupied the post of steward (with power to hold the court-baron) of Calverton — a manor of nearly ten thousand acres,' at the head of the Wicomico, intended (such was the paternal policy of the feudal proprietary) for a secure "habita» ti#n " of " six nations " of Indians, who had desired "to put themselves" under the government's "pro- tection." He also, during the ascendency of the Puritans, openly, in court, confessed his faith in
^ The documents, in a preceding part of this volume, prove he was afBiember of the council in 1649. On the 20th of April (0. S.) 1650, he was, for a reason not stated upon the Journal, excused from sitting. See Lib. No. 3, p. 55. In 1654, also, he was a privy councillor. See Lib. No. 1, p. 521. In 1648 he was a bur- gess (see Lib. No. 2, pp. 293, 294) and held nine proxies. In 1658 he was a judge of the Provincial Court. Lib. " S, 1658 to 1662, Judgments," p. 15. In 1660 he was again in the council ; but did not sympathize with governor Fendall, in his treachery toward the proprietary.
^ The " six nations " who had desired to be under the proprie* tary's prote«tion, and for whom, as copyhold tenants, this manor was intended, bore the names of Mattapanians, Wicomocons, Patuxents, Lamasconsons, Highahwixons, and Chopticons. See Bozman, vol. 2, p. 675.
HON. MR. CLARKE. 197
the Koman Catholic Church.' Upon a previous surrender, at the battle near the Severn, he was taken prisoner by the Puritans ; "^ and then treated as a rebel. Tried by a '' council of war," but saved " by the petitions of the women," ^ he was next lined ten thousand pounds of tobacco." Un- able to pay the mulct, he assigned various bills to the amount of three thousand ; and surrendered his plantation upon Britton's Bay.^ About six months later, in a state of " deep distress," without the means of "subsistence" either for his "chil- dren " or for " himself," he submitted a petition. And the court, composed of Capt. Fuller and other leading Puritans, gave him a temporary possession of the land.^ In 1657, his boiijd. was
^ '•' Robert Clarke, Gent., hath openly in court confessed him- self to be a Roman Catholic ; owning the Pope's supremacy." See Proceedings of the Provincial Court, October Term, 1G55 ; Land Office Records, Lib. No. 3, p. 156, This was many months after the battle near the Severn.
" Bozman, vol. 2, p. 527 ; and Records of the Land Office, Lib. No. 3, p. 163.
" Bozman, vol. 2, p. 688.
* Land Office Records, Lib. No. 3, pp. 156 and 157.
' Same Liber, pp. 156, 157.
'The following is the order passed by the court in 1656:— " Whereas Robert Clarke, Gent., hath petitioned to this court for
198 THE DAT-STAK.
required.* He never succeeded in reclaiming his fortunes ; and, in his will, dated in 1664, there ap- pears but little property.^ His posterity was dis- persed through various parts of the province ; and, in 1686, died his eldest son, John, a resident of St. Mary's County, holding land upon a branch of St. Thomas's Creek,^ in Charles County ; and leav- ing John, Kobert, Benjamin, and two other chil- dren.* The only marriage of the privy councillor
some relief in liis exceeding deep distress, not having any way of subsistence for himself and children ; the court taking it into consideration, have thought fit and ordered that the plantation of the said Clarke, formerly made over unto the public for part of satisfaction of a fine imposed upon the said Clarke for his late rising up in arms and other great crimes at that time committed, be delivered into the hands of him the said Clarke for his present relief, without which he is likely to perish. And further, if the said Clarke should sell the said plantation, that then he is to pay the one half of what it shall be sold for, in part of the said fine, when it shall be demanded." Lib. No. 3, pp. 178, 179.
^ Land Office Records, Lib. No. 3, p. 317 ; and p. 349.
^ He names his children, John, Robert, Thomas, and Mary. Gives the most of his estate to John ; and half the value of a horse "to the Church." See his will. Testamentary Records at Annapolis, Lib. No. 1, 1635 to 1674, pp. 217-218.
' Rent-roll for St. Mary's and Charles, vol. 2, fol. 314 ; and Land Office Records, Lib. No. 6, p. 223.
* See will of John, Lib. G. p. 193. The name of Clarke occurs
HON. MR. OLAKKE. 19^
mentioned upon the records, was the one to Jane, the widow ^ of JS'icholas Causin, the ancestor of the family which held the "Manor of Causin," now represented by the Honorable John M. S. Causin.
so frequently that it is very difficult to trace the descendants of the privy councillor. But the reader who may be interested in this subject, is referred to the following sources of information, in the Register's Office at Annapolis : — Wills of Thomas, in 1675, Lib. No. 2, p. 247 ; John, Lib. H., p. 48 ^ John, Lib. H. p. 177 ; Robert, Lib. T. B., p. 375 ; John, Lib. J. C— W. B., No. 2, Part 2, p. 32 ; Thomas, Lib. W. B., No. 5, p. 375 ; Edward. Lib. W. B., No. G, p. 8 ; William, Lib. T. B., No. 1, p. 51 ; Thomas, same Liber, p. 280 ; and Robert, Lib. W. B., No. 1, p. 438. There is also the will, in 1689 (see Lib. T. B., No. 2, p. 727) of Robt. Clarke, " of the parish of St. Giles, Without Cripple-Gate, London," but who had lived in Maryland, "in the West Indies" (as America was then called) ; and who was probably one of the Hon. Robt. Clarke's descendants. John's, in Lib. H., on p. 48, is dated the 7th of May, 1680, " according to the computation of the Holy Catholic Church."
' Land Office, Lib. No. 7, p. 132.
200 THE BAY -STAR,
CHAPTEE XXm.
The Honorable Thomas Hattoo.
The Honorable Thomas Hatton, it wonld seeiHj was the son of John Hatton ; and, there is hardly a doubt, lived at London/ before his arrival. It is said, his family (which came in 1648^) had sprung from that of Sir Christopher Hatton, the lord
^ John HattoD — a brother, I presume, of the secretary — in his will of 1654 (see Records at Annapolis, Libw No. 1, 1635 to 1674, p. 519) speaks of his " late father, John Hatton f of his brothers Thomas, Samuel, and Henry ; and his sisters Sarah and Susan. The lands left him by his father, he gives his brother Thomas ; and appoints him one of his executors. Most of the family, it seems, lived in England ; and the testator, although then on a visit to Maryland, resided at London. The godfather of the secretary's Bon, Thomas, was " one of the clerks in the Six-Clerks' Office.. Chancery Lane," in the same city. See the silver spoon given, about 1650, by the godfather, Thomas Motham, on p. 186, Lib. No. 1, Records of the Land Office.
' The secretary himself states, that he came, with his wife, his two sons (Robert and Thomas), and his three white servants, in 1648 ; and that the following year arrived, under his auspices, the widow, and William, Richard, Elinor, and the other children of his
HON. MK. HATTON. 201
chancellor in the reign of Elizabeth, and so much admired by the queen for his graceful person and his elegant style of dancing. And the tradition, to some extent, is confirmed, not only by the exist- ence in both families of the same baptismal names/ but also by that sense of beauty, ^ which was a characteristic not less of the honorable
deceased brother Richard. Land Office Records, Lib. No. 2, p. 613.
^ " Sir Robert Hatton was a brother," says Burlie, '' of Sir Thomas Hatton, baronet ; and of Sir Christopher Hatton, K.B.. father of Lord Hatton, and ancestor of George Finch Hatton, Earl of Winchilsea." Burke's Dictionary of the Landed Gentry, Vol. 2, p. 1287. The names also of Richard, Henry, John, William, and Sarah, occur both in Burke and upon our early records. Thomas, indeed, is found frequently in the history of the English, as well as of the provincial family.
' The following note from the secretary, introducing Mr. John De Courcy (then written Coursey), is a fine specimen of the author's style — a model b©th of terseness and of elegance. John De Courcy was a brother of the Honorable Henry De Courcy ; and subsequently the clerk of Kent County :
"Mr. Bradnox, — The bearer hereof, Mr. John Coursey, upon
the invitation of some friends, comes amongst you to try his fortunes at Kent. His quality and good carriage will, I know, purchase ^-espect from all ; and especially from yourself and Mistress Brad- nox, whose courtesy and respect to strangers, especially to those of the better sort, hath never been wanting. And, therefore, T shall not need to use many words of commendation in his behalf.
9*
202 THE DAT-STAE.
secretary of Maryland than of the distinguished statesman of England. The armorial bearings of the Hattons of London were : — " Argent, three hurts, each charged with a hend of the first / on a chief vert, an eagle displayed or^ And their crest was : — " A demi-hear rampant sable P ^
Besides the offices of secretary and of privy councillor (the commissions for which were dated on the same day,^ in the year 1648), he held the post of attorney-general of the province.' Like the other councillors appointed in 1648, he went into office, it would seem, at the commencement of the Assembly, in 1649. It is supposed he brought from England the draft of ''The Act concerning Eeligion." The official power and rank conferred
But desiring, with my wife, to be kindly remembered to yourself, and Mistress Bradnox ; Rest ;
'' Your assured, loving friend, Thomas Hatton, *' St. Mary's, Feb. 1653.
*• The superscription — To his much respected friend Mr. Thos. Bradnox, at the Isle of Kent, in Maryland." See Court Record, at Chester-town, commencing in 1647.
^ Burke's General Armory. *
^ Bozman, vol. 2, p. 649, and p. 651.
^ In 1652, and I presume other years, he was the attorney- general. Land Office Records, Lib. No. 1, p. 302.
HON. MR. HATTON. ' 203
upon our early secretaries were very great.' The present secretaryship of State is but tlie shadow of the original office, under the dominion of the first lord proprietary. Although there is no evidence of the contiugency, upon which he was authorized to act, we know he also received a commission appointing him to the post of governor.* In 1652, about the beginning of the revolutionary measures under the commissioners from the English com- monwealth, he w^as removed from the secretary- ship;' re-instated in July, the same year;* and again deprived of the office, in the month of August, 1654.^ Before the Puritan Assembly at Patuxent, the last-named year, he appeared with Mr. Chand- ler, the other burgess from St. Mary's; and, in view of his " oath " to Lord Baltimore, as well as
* The secretary sat, not only in the privy council, but also upon the bench of the High Provincial Court. And great weight was attached to his opinions. The office also of chancellor was usually annexed to the secretaryship.
' The latter part of 1649, Gov. Stone having occasion to be absent from the province, appointed Thomas Green governor ; in case of his refusal, Mr. Hatton. Bozman, vol. 2, p. 377. la 1650, also, I perceive, he was appointed. Lib. No. 2, p. 615.
' Bozman, vol. 2, p. 681.
* Bozman, vol. 2, p. 682. * Bozman, vol. '2, p. 685.
204 THE DAY-STAE.
other reasons then reduced to writing, but now unfortunately lost, he refused to sit in that body.* At the battle of 1655, in the service of the proprietary, he lost his life. An order was issued for the " sub- sistence " of his widow out of his lordship's "rents;" and every disposition manifested, in testimony of respect for his memory, and of gratitude for his noble fidelity.* Kemarkable not more for mode- ration than for decision ; discharging his duty in every j)rivate and official relation ; a Protestant,' but not a bigot ; the ornament of his own faith, but distinguished for his loyalty to the charter, and to the person of the Koman Catholic proprietary ;
^ Bozman, vol. 2, p. 508.
^ Bozman, vol. 2, p. 698.
' He was one of the signers of the Protestant Declaration. The case of Gardiner (Bozman, vol. 2, p. 493) proves also how ready was the secretary to resist every attempt to seduce his ward and niece, Eleanor Hatton, from the faith of her family. And his nephew, William, married Elizabeth, the daughter (See Rev. Wil- liam Wilkinson's will. Lib. No. 1, 1635 to 1674, p. 190) of the first Protestant clergyman (an Anglo- Catholic) who arrived in St. Mary's after the landing of the Maryland Pilgrims. See arrival (Land Office Records, Lib. No. 3, p. G2) of " William Wil- kinson, clerk," in 1650, with his wife Mary, his daughters Rebecca and Elizabeth, and several other persons including his indented servants. The secretary's wife was also the godmother of Mathew, the son of William Stono, the Protestant governor. See p. 65.
HON. MR. HATTON. 205
he presents to the student one of the most interest- ing characters in the history of the colonization of Maryland. A son and grandson, both bearing his own baptismal name, died, it wonld seem, in Maryland ; the one, in 1676,' the other in 1701 ;' the former (or a consin also called Thomas), having lived some time at Tewkesbury, in Gloucestershire, England ;' the latter, disposing, by his will, of the right to a large tract, not then fully confirmed, but due to him, as heir to the " Secretary of Mary- land ;" and granted, probably, in token of the grateful recollections cherished by the proprietary, for the noble sacrifice at the battle of 1655. I
^ Will of Thomas Hattoa of St. Mary's County, " gentleman," in Lib. No. 2, 1674 to 1704, on p. 381. Names his only son Thomas ; his sisters, Margaret and Rebecca " Wahop ;•' and seve- ral of the Hansons, who seem to be his relations.
^ Will of Thomas Hatton, of St. Mary's County, also styled " gentleman," in Lib. T. B., p. 120. He possibly had a posthumous Bon ; but the only child named in the will is Elizabeth, to whom he gives " Hunting-Creek," surveyed (see Rent Roll for St. Mary's County, No. 1, Manors, fol. 2) for the secretary, in 1G55.
' Thomas (the son, I presume of the Hon. Thomas Hatton) lived at Tewkesbury, about 1674 ; and gave Samuel of Maryland a power of attorney relating to the claim arising upon the death of his brother John. Lib. M. M., 1672 to 1675, Judgments, p. 193, and pp 578-580.
206 THE DAY-STAR.
doubt if there is now living a lineal descendant of the same surname anywhere in America. But the Hattons of Piscataway are related to the family, through William, the nephew of the secretary, and the son-in-law of the Rev. William Wilkinson. William Hatton died at an advanced age in 1712, naming his children, Joseph Hatton and Penelope Middleton ; and giving to each of his grand* childi'en (including Hatton Middleton), " a gold ring," as the " token " of his " love." He also divided between his children, the home plantation, consisting of " Thompson's Rest," and " Rich Hill."^
^ Will of William, Lib. W. B., No. 5, p. 432. la tracing the descent of the Hattons, near Piscataway, I am indebted, for the use of several land-papers, to the kindness of the Hon. William H. Tuck, of the Court of Appeals.
ME. FENWICK. 207
CHAPTEE XXIY.
Mr. Cuthbert Fenwick.
We now desgend from tlie Upper to the Lower House — from the privy councillors to the burgesses — ^from the representatives of the proprietary to the delegates of the planters, and of the other freemen of the province. The leading member of this body, one who breathed the spirit of Copley, of Cornwallis, and of Calvert, it would seem, was Mr. Cuthbert Fenwick ; a sincere believer in the faith of the old Latin church ; one of the original Pilgrims of 1634: ; and the fairest exponent of that system of religious liberty, which had constituted the very corner-stone of the first settlement under the charter. Many, also, are his descendants in the United States. They have held a distin- guished rank in the field of civil and of military services. And they have been ornaments, not only of the priesthood, but also of the hierarchy of the American Roman Catholic church. Some
208 THE DAY-STAK.
still linger among us ; our neighbors, and our friends. Tlirough evil, and through good, after the lapse of many years, in the midst of vast social and political revolutions, they have clung, with the fondness of children, to the faith of their first forefather. Is there no gratitude among Pro- testants ? Will the Protestant flinch from the performance of a plain historical duty ? Shall he, who inherits a pure Protestant blood, an unbroken Protestant faith, through eight generation s, from the age of Elizabeth ; whose first Protestant ancestor of the provincial line reached the shores of the Chesapeake but a year after the passage of the memorable Toleration Act, hesitate for one moment in doing justice to the memory of the early Roman Catholic law-givers of Maryland ?
Fenwick was the seat of a distinguished family of the same name, in the county of Northumber- land, England/ And Fenwick was the manor erected for the early colonist, in what was subse- quently Resurrection hundred, St. Mary's County.'
^ Burke's General Armory ; Art. Fenwick, at Fenwick, in Northumberland. * Fenwick Manor was surveyed for Cuthbert Fenwick, in 1651.
MR. FENWICK. 209
lu Maryland, also, I am told, there was an old signet ring containing the arms of the Fenwicks, of Fenwick manor ; and, it is said, that Cuthbert was a descendant of the Fenwicks in ISTorthumber- land County. But history has a more solid founda- tion than mere oral tradition; and nothing, I regret, can positively be asserted respecting the armorial bearings of the Fenwicks, of St. Mary's ; or. even their English original, beyond the relation- ship to the Eltonheads.
Of Captain Cornwallis, the chief councillor of the governor in 1634, and one of the noblest spirits in the band of original Pilgrims, Mr. Fenwick was the special protege.^ For many years, also, from his arrival, did he hold a great variety of confi- dential trusts and responsible agencies ; living at " The Cross," ^ during the captain's frequent voy- ages to England ; and transacting, with strict fidelity, all his important business upon the manor.
It is upon the Patuxent. Rent Roll for St. Mary's & Charles, vol. 1, fol. 55.
» Land OfiQce Records, Lib. A. B. & H., p. 244.
^ The name of Capt. Cornwallis's manor-house. The manor, itself, was called " Cornwallis's Gross." Rent Roll for St. Mary's County ; also Lib. No. 1, pp. 115-117, and elsewhere.
210 THE DAY-STAR.
So intimate was the relationship, that he was sum- moned on one occasion (the only case of so peculiar a kind of representation, I believe, upon the records), by a special w^rit, to sit as the " attorney " of the councillor, at a meeting of the General Assembly.' More, also, on account of the enmity towards Cornwallis than any ground of personal dislike, was he plundered by Captain Ingle," the pirate, the man who gloried in the name of " The Eeformation."' In the grant of land for the early Eoman Catholic missions, his name and services, it appears, were used. It seems, also, he was inti-
^ This was in 1640. Bozman, vol. 2, p. 171.
^ He was, about 1645, surprised by Ingle's party, and treacher- ously confined as a prisoner, on board that pirate'8 ship ; the manor-house of Capt. Thomas Cornwallis much injured, and also plundered of its servants, valuable furniture, and other property. On his way to Accomac, Va., he was also robbed of his " clothes," and " papers." Lib. No. 1, pp. 432-433 ; pp. 572-573 ; pp. 582- 583 ; and p. 584. Lib. No. 2, p. 354 ; and pp. 616-617.
^ The world, alas ! is governed more by the shadow than by the substance ! Here is a man from "Wapping, in Middlesex, England (see Lib. No. 1, pp. 377) — a sea-captain of a reckless sort of courage — plundering a missionary, and many other Roman Catho- lics of the province ; and, by universal consent, a pirate ; yet giving to his very ship the name of " The Reformation !" Lib. No. 1, p. 224. Triumphant, for a short time, in his rebellion ; he did a great deal of injury to the proprietary.
ME. FENWICK. 211
mate with the Kev. Thomas Copley ; and often in contact with Governor Leonard Calvert ; took part in the little engagement of 1635, upon a tributary of the Chesapeake, between the pinnace commanded by Warren (the lieutenant of Clayborne), and the two armed boats under the command of Cornwal- lis ; ' and sat in the Assembly of 1638, the earliest of which we have a satisfactory account.^ As an individual freeman, he had a seat also in the legis- lature of the subsequent year/ And few, if any, of the original colonists were members more fre- quently of the legislative body. Again : we find him aiding the government in the regulation of the Indian trade with the colonists ; * and about the same time, he reported the information he had obtained respecting the murder of Rowland Wil- liams, of Accomac' — a case which engaged the
^ Bozman, vol. 2, p. 35 ; and p. 65, where the name is written '• Hemirk," but doubtless intended for " Fenwick." The lieute- nant and two of his men were killed ; and one was lost on the captain's side, Cornwallis's boats were called " The St. Helen," and " The St. Margaret." Clayborne's next officer in command was subsequently convicted at St. Mary's.
' Bozman, vol. 2, p. G5.
" Bozman, vol. 2, p. 103. ' * Bozman, vol. 2, p. 115.
" The Report is dated May S, 1638." See Lib. No. 2, pp. 83-84.
212 THE DAY-STAB.
prompt attention of the governor, and resulted in the union of Maryland with her sister colony/ in the punishment of the Nanticokes. In 1644, he held a commissionership in St. Mary's "" — an oftice out of which grew that of the early county court judge. He was the foreman of many of the most impor- tant trial juries,^ at the provincial court ; the first member of the financial committee,* and proba- bly the speaker, in the Lower House of the Roman Catholic Assembly of 1649 ;'* and, in the Protestant one of 1650, the chairman of a joint committee" upon the " Laws,'' including Governor Green and Colonel Price from the Upper House. The latter part of his life, he resided upon Fenwick manor ; and died about the year 1655.'' Nothing
' Lib. No. 1, p. 159.
' Bozman, vol. 2, p. 280.
' In the case, for instance, of the Piscataway Indians already quoted.
^ Lib. No. 2, p. 489.
* From the report of the financial committee, the only remain- ing fragment of the Journal, it is evident that he performed some ppecial or honorable service, besides that of an ordinary member.
« Lib. No. 3, p. 56.
' His Will is dated "March 6, 1654." Lib. S., 1658 to 1662, "Judgments," Court of Appeals (in the Armory), p. 219.
MR* FEKWICK. 213
occurs upon the record, to lessen, in the least, the esteem to which he is so justly entitled as a legislator, and a public officer ; a Christian, and a man»
Mr. Fenwick bore the name of one of the most celebrated saints,' in the history of the early Eng- lish Church; held a tract bounded by St. Cuth- bert's Creek ;^ although present, did not sign the
* la speaking of the ravages of the Danes, during the ninth century. Sir Francis Palgrave says : ** The Pagans, under Half- dane, destroyed all the churches and monasteries. The ruin of the Cathedral of Lindisfairne, in particular, was lamented as the greatest misfortune of the age. Cuthbert, one of the prelates of this see, canonized by the grateful veneration of the English, was considered as the patron saint of the North 5 and the island of Lindisfairne was viewed as holy land."
In a note, he adds: — "The body of St. Cuthbert was saved when the church of Lindisfairne was destroyed, and after many migrations it was deposited in the Cathedral of Durham, to which city the see of Lindisfairne was transferred (A. D. 990) ; the pre- sent bishops of Durham being the successors of the bishops of Lindisfairne. The corpse of St. Cuthbert was deposited in a magnificent shrine, which was destroyed at the time of the Reformation." " In 1827, a skeleton, supposed to be that of St. Cuthbert, was disinterred by the Rev. James Raine. The body had been deposited with some most curious relics of the Anglo- Saxon age — amongst Ihem, the cross." Palgrave's History of the Anglo-Saxons, p. 124. The engraving of St. Cuthbert's cross is on p. 142 of the History.
" Rent Roll for St. Mary's and Charles, vol. 1, fol. 55.
214 THE DAY'STAE.
Protestant Declaration ; upon the questions arising between the two religions parties, in the Protestant Assembly of 1650, voted with the Koman Catholic members ; ^ • gave a legacy to each of the Eoman Catholic priests, in testimony of his faith in the Church of Rome ; ^ to say nothing of the further evidence derived from the fact, that so many of his descendants are still members of the same commu^ nion.
In 1649, then a widower, and the father of Thomas (who seems to have died young), of Cuth- bert, Ignatius, and " Teresa ;" ' Mr. Fenwick mar- ried Jane,* the widow of Robert Moryson (the name is written upon the record, indistinctly), of
* See, in various places, the proceedings of the Assembly, in 1650, Lib. No. 3, Land Office ; also the signatures, in the same Liber, on p. 57, to the letter of this Assembly, intended for Lord Baltimore.
^ By some of the early Roman Catholics (for example, by Robert Clarke) legacies were given " to the church " — meaning, of course, the Roman Catholic ; by others, to the well known priests, Lawrence Starkie and Francis Fitzherbert, always, either tacitly or avowedly, in token of their faith in the same church ; and by a third class (Cuthbert Fenwick, for instance), simply "unto Mr. Starkie," and *' unto Mr. Fitzherbert." See Mr. Fenwick's Will, Lib. S. 1658 to 1662, Judgments, p. 219.
» Land Office Records, Lib. No. 2, p. 515.
* Lib. S. 1658 to 1662, Judgments, p. 218.
ME. fenwick:. 215
" Kecouglitan " County, Ya. ; the sister also of Wil- liam Eltoiiliead ^ (the privy councillor of Md.), and Eichard Eltonhead^ (of " Eltonhead," Lancaster County, England) ; and the niece of Edward^ Elton- head, one of the "masters'"' of the English ''High Court of Chancery." He had issue, also, by his last marriage ; and his widow died in 1660.' The
^ Lib. No. 3, p. 262 ; Lib. S. 1658 to 1662, Judgments, p. 135 5 and pp. 219-220. Also Testamentary Records, Lib. No. I, p. 94.
^ Lib. F. F. 1665 to 1669, Judgments (Court of Appeals), in the Armory, p. 788.
« Laud Office, Lib. A. B. and H., p. 165.
* Lib. 5, 1658 to 1662, Judgments (Court of Appeals), p. 1 ; and Lib. No. 3 (Land Office), p. 413.
' The social and domestic life of the past constitutes the most interesting branch of history. Mrs. Fenwick's will (see Testamentary Records, Lib. No. 1, p. 114) sheds much light upon the subject ; enables us to form some idea of the degree of comfort in the family of this early colonial legislator ; and gives a very good key to a bed-chamber, a lady's wardrobe, head-dress, and other articles, in 1660. She bequeaths to her step-daughter, " Teresa," a little bed, a mohair rug, a blanket, a pair of sheets, aud *' the yellow curtains ;" her taffeta suit, and serge coat ; all her *' fine linen," consisting of aprons, handkerchiefs, head-clothes, &c. ; her ** wedding-ring;" her hoods, scarfs (except her " great" one), aud gloves (except three pair of cotton) ; and her three petticoats, one of which is a " tufted-holland," another a " new serge," and the third a " spangled " one. She gives to her own three children, Robert, Richard, and John, her '' great scarf," all her jewels^ "plate," and rings (except the " wedding" one) ; and to each of them a bed, and pair of cotton gloves. To her stepsons, Cuthbert
216 THE DAY-STAE.
children were Robert, Richard, and John.^ But
and*Ignatiiis, she wills an " ell of taffeta ;" to her negro-servant, Dorothy, her " red cotton coat " and some " old linen ;" to Esther, her " new maid-servant," all the linen of ''the coarser sort ;" to Thomas, the Indian, two pair of shoes, a matchcoat, and some other things ; to Anthumpt, another Indian, several articles of clothing ; to Thomas's mother (the " old Indian woman ") three yards of cotton ; to the Rev. Francis Fitzherbert, a hogshead of tobacco, for five years ; to William (a negro) the right to his free- dom, provided he pay a hogshead every year to the church, and continue a member ; and to the church the same negro, as a slave " for ever," if he leave her communion — one of the few cases of individual intolerance, on the same side, in our early history, and outweighed by a great number of instances, on the other if not, indeed, excusable by the fact, that some of her dearest friends had fallen by the bloody hand of the Puritans, including her own bro- ther, the Hon. Wm. Eltonhead. Take also the following (from Lib. No. 1, Land Office Records, p. 401) about two years before her brother's execution. According to the testimony of Mary Jones, it appears, Martin Kirk and his wife, with Lizy Potter, " had found a way to pay Eltonhead, without weight or scales !" " Hang them!'' they added, "Papists! dogs! They shall have no right here ; for the governor cannot abide them, but from the teeth outwards." The Yandal outruns the bigot in the case of a noted Protestant of Kent Island, who, entering Capt. Brent's house, and going into the " loft," threw down the captain's books, with the words, " Burn Papists ! devils !" This was about the time of Ingle's rebellion. I deem it fair to add, the part of Roger Bax- ter's testimony relating to the books, was not reduced to writing. But Francis Brooke, a judge of the county court, was present at the taking of the deposition ; and states the fact, in his own depo- sition. Lib. No. 2, p. 387.
* See wills of Mr. Fenwick, and hia widow Jane. I infer, then,
ME. FENWIOK. 217
Cutlibert, his eldest son by a previous marriage, held, under the will, the lordship of Fenwick Manor, The Fenwicks of Cole's Creek, of Cherry- iields, of Pomonkey, and elsewhere, in Maryland ; of Kentucky ; and (it is said) of the South also (including a well-known officer in the war of 1812) ; are but some of the off-shoots ^ from the family of Cuthbert, the pilgrim of 1634, and the original lord of the manor. One of the descendants of the early law-giver was a member of the convention, which framed the Constitution of the State, in
that his three youngest sons were, on their mother's side, descend- ants of the Eltonheads, of Eltonhead ; whose arras, according to Burke's General Armory, are — Quarterly, per /esse indented, sable and argent^ on the first quarter three plates.
- The family is so large as to render it impossible to present even a condensed history in any but a v/ork expressly devoted to the department of genealogy. The following wills contain a large body of facts :— Wills of Richard, in 1714, Lib. W. B., No. 5, p. 699 ; of John, 1720, T. B. No. 1, p. 339 ; Dorothy, 1724, W. B., No. 1, p. 285 5 Cuthbert, about 1728, C. C, No. 2, p. 888 ; Ellen, 1737, T. D., p. 825 ; Philip, 1750, D. D., No. 6, p. 183 ; Enock, 1758, B. T., No. 2, p. 582 ; Joseph, 1758, B. T., No. 2, p. 624 ; Cuthbert, 1762, D. D., No. 1, in 2 parts, p. 891 ; Benedict, 1769, W. D., No. 2, p. 251 ; Bennett, 1770, W. D., No. 3, p. 458 ; George, 1769, W. D., No. 3, p. 703 ; Elizabeth, 1771, AV. D., No. 4, p. 347 ; Robert, 1774, W. F., No. 1, p. 113; and Ignatius, 1776, W. F., No. 2. p. 219.
10
218 THE DAY-STAE.
1774-1776;' two held a seat in the Senate of Maryland ; ' and a fourth was the consul of the United States, at Bordeaux. Many of them were priests;^ one was the president of a college;* and two were bishops/ They are also connected with the Spaldings of St. Mary's, the relations of the bishop of Louisville/ And a living descendant of the pilgrim held the post of attorney-general ^ — •
' Ignatius, of Mary's County.
^ Athanasius and James j the former closely related to the Jherry-field branch, near St. Inigo's, St. Mary's County ; the latter (Col. James), the brother of the bishop of Cincinnati, and the ancestor of the Fenwicks, of Pomonkey, in Charles.
' John, the uncle of the bishop of Cincinnati ; Enoch, who died in 1827 ; George, late professor of Rhetoric, in the Novitiate of the Society of Jesus, at Frederick, but now living at Inigo's : the children of Mrs. Young, the sister of Col. Jas. Fenwick ; and pro- bably several others ; have represented the family in the priest- hood. John died about 1814.
* Enock, already named, ^was the president of Georgetown College.
* Edward, the first bishop of Cincinnati, and a very near rela- tion to the Fenwicks of Pomonkey 5 and Benedict, the second bishop of Boston, and the brother of President Fenwick, and Pro- fessor Fenwick. Edward died in 1832 ; Benedict in 1845.
* The Rt. Rev. Martin J. Spalding, the present bishop of the diocese. See Elizabeth's will, 1771, W. D. No. 4, p. S47, for the connection with the Spaldings.
^ Robert James Brent, a Fenwick on the maternal side, and th€ immediate descendant of the Fenwicks of Pomonkey.
MB. FENWICE, 219
the last link ^ in a long chain of distinguished law* yers from the provincial era of the Hattons, the Lowes, and the Darnalls, down to the days of a Martin, a Taney, and a Richardson.
* The oflSce was aboliahed by the late Constitutional Convention of Maryland.
THE DAY-STAB.
CHAPTER XXY.
Mr. Philip Conner.
The time of Mr. Philip Conner's * arrival cannot be ascertained ; but be came about tbe year 1645. Under tbe commandersbip of Captain Kobert Yaugban, in 1647, be was a commissioner of tbe Isle of Kent ; ^ sat, tbe following year, in tbe Assembly, as an individual freeman ; ^ and was tbe member from Kent, in 1649/ Autborized-to issue writs, upon tbe removal of tbe captain, in tbe montli of ]^ovember, 1648;' and tbe only one of tbe commissioners retained in office, tbe succeeding
* Sometimes spelled "Conyer." Kent Island Records at Chea- tertown.
' Bozman, vol. 2, p. 304.
' Capt. Vaughan, in 1648, held 24 voices ; Mr. Conner, and Capt. Thomas Bradnox sat, simply, at* freemen, without any proxies. Lib. No. 2, pp. 293-294.
* Lib. No. 2, pp. 488-489.
* Bozman, vol. 2, p. 343.
MR. CONNER. 221
'month, by a Roman Catholic governor ; * he fortu- nately, about four years later, escaped the censure of the Puritan commissioners.'* Free from entan- glements of every sort — giving great satisfaction, for a period of many years, by his manner of administering justice — he was elevated, near the close of his life, to the honorable post of com- mander of the county.^ His career, in every par- ticular, was marked with discretion ; and we might suppose he was a Roman Catholic, living in a Protestant county. But, while no satisfactory clew can be found in his own words or deeds ; from the pen of a contemporary, we have the proof, that he was a Protestant.*
The will of this early colonist is lost. But from his inventory, it appears, he died about 1660. Judging from the same paper, he lived in a style
^ Upon Captain Vaugban's re-instatement. Bozman, vol. 2, p. 344.
' Vaughan, in 1652, was removed by the Puritan commissioners. See the names of the commissioners sent, in Bozman, vol. 2, p. 454. But Bozman's inference is false. They did visit the island. See Kent Island Records, at Chestertown.
' See oldest Land Records, at Chestertown.
* The evidence, which is obtained from the will of Thomas Allen, will be given, in a note to the sketch of Capt. Banks's life.
222 THE DAT-STAE.
superior to the ordinary level of comfort, at that period/ He held " Conner's Neck," " The Wood- yard Thicket," and other tracts, upon Kent Island;^ and there, lived his descendants also, for several generations. It seems, there was a branch of the family in Dorchester and Somerset ; and he has probably a descendant living at Chestertown. His son, Philip,^ died, about 1700, upon the Isle of Kent,^ then a part of Talbot ; and his grandson, of the same name, in 1722, leaving two brothers and three sons.'
^ The inventory is found in a Record of Wills, and Proceedings in Testamentary cases, beginning in 1657. He had 120 head of cattle, and 34 hogs ; 7 feather beds, and 6 rugs ; 2 pair of cur- tains, with valance ; 2 flock beds, with 2 rugs ; 3 diaper table- cloths ; 18 napkins ; 8 chairs ; 12 wine glasses ; and a great variety of other articles.
^ Lib. No. 12, pp. 572-573. See also Rent Roll for Queen Anne's ; for a copy of which, I was indebted, through the kind agency of Judge Chambers, to the late Hon. William Carmichael.
=> Lib. No. 12, p. 572.
* Will of Philip, 1701 (Lib. T. B. p. 350), who gives his son, Philip, " Conner's Neck ;" and to his other children Nathaniel, and Charles, "The Wood-yard Thicket." Disposes also of a tract, supposed to be his, on the Elk River.
^ Will of Philip (witnessed by Nathaniel and Charles, Lib. A. & D., No. 2, p. 196) gives a tract, when recovered, in Kent, near Morgan's Creek, in equal parts, to his sons James, Nathaniel, and
MK. CONNER. 223
Charles. Will of Nathaniel, his brother, is found in Lib. C. C, No. 2, p. 150. Nathaniel names his son-in-law, Mathew Brown ; h\3 daughter, Letitia Brown; and his granddaughter, Mary Brown. There is also the will of John Conner, a merchant of Chestertown, whose children were James and Isabella. He died about 1750.
224 THE DAY-STAK,
CHAPTER XXYI.
Mr. William Bretton.
Mk. Bkettoi^ arrived^ with his wife, Mary (the daughter of Thomas ]|l"abbs), and one child, within three years from the landing of the Pilgrims.* He soon afterwards held a large tract upon Britton's Bay ;* and many years, lived in Newtown hundred ; was a soldier at St. Inigo's Fort, at a very critical period, in the administration of Gover- nor Calvert ; ^ and the register of the Provincial Court, under Governor Green, with the power, during the lieutenant-generars absence, to sign writs, " under the governor's name;'^* kept some of the most important records of the province, till the
^ He arrived ia 1637. Lib. No. 1, p. 69.
' la Newtown hundred, and held of the Manor of Little Britain, and also called ''Little Britton" (Rent Roll for St. Mary's and Charles, vol. 1, fol. 24) ; bounded on the south by the Potomac, on the east by Britton's Bay, on the west by St. Clement's Bay, and partly by St. Nicholas's Creek, on the North. Lib. No. 1, p. 69. He certainly lived in Newtown, in 1649. Lib. No. 2, p. 459.
» Lib. No. 2, p. 284. * Lib, No. 2, p. 226 ; and p. 22&
MR. BRETTON. 225
, arrival of Mr. Hatton, in 1 649 ; ' and was the clerk of the Protestant Assembly in 1650.'' In the legislature of 164:8, he held four voices/ three of them certainly* from IsTewtown; probably the fourth also. And, from his familiarity with the records, as well as his general knowledge of busi- ness, we cannot but presume he was one of the most influential members of the Koman Catholic Assembly in 1649." He is also worthy of remem- brance, in consideration of the fact, that he founded one of the first Koman Catholic chapels of the province " — a chapel which was erected and sustained by the pious members of his own church in ISTewtown,^ and in St. Clement's hundred ; which
^ Lib. No. 2, p. 448. ' Bozman, vol. 2, p. 383.
' Lib. No. 2, pp. 293-294. * Lib. No. 2, pp. 287-288.
" Lib. No. 2, pp. 488-489.
» Lib. S. 1G58 to 1G62, Judgments, p. 1026.
' There is evidence, upon various Records. The deed, itself, recites the " unanimous" agreement. And Col. Jarboe, and Wil- liam Tattershall (planters upon Britton's Bay, and relations of the U. C. privy councillor, Mr. Pile), gave, each of them, a legacy 5 the former, in 1671, to the Father of ''St. Ignatius's Chapel," for the use of the "poor Catholics ;" the latter, about 1670, to the *• Reverend father " of the same chapel. See Wills, Lib. No. 2, 1674 to 1704, p. C7 ; and Lib. No. 1, 1635 to 1674, pp. 391-392. Other cases could be cited,
10*
220 THE DAY-STAK.
also bore the name of " the patron saint of Mary- land."^
A mystery clonds the latter part of his life. About 1651, he married Mrs. Temperance Jay.' Misfortune seems soon after to have attended him ; and his " son " and " daughter " received " alms," at a moment of deep distress.' ]^or can his will be found ; or his posterity traced. But there is no doubt whatever, he was one of the Boman Catholio Assemblymen of 1649. He held a tract bounded by St. William's Creek ;* the most striking part of his cattle-mark {a fleur-de-lisf was a favorite device
' St. Michael was one of the guardian angels. But St. Ignatius was generally regarded the patron saint. See Father White.
« Lib. S., 1658 to 1662, Judgments, p. 336-337 ; and p. 1026.
' " There was given to Mr. Bretton's son and daughter an alms, they being in extremity of want." See Statement of Ralph Croutch, at London, in 1662 ; Lib. B. B., 1663 to 1665, p. 22. Mr. Croutch was one of the executors of Edward Cotton, a colonist.
* Lib. S., 1658 to 1662, p. 1026.
' To prevent mistakes and disputes, as well as felonies (for many of our early plantations had but few fences, and the flocks and herds often wandered through thick forests, which have long since disappeared), the law of the province required, in the strictest manner, every colonist to register his cattle-mark. On p. 459, in Lib. No. 2, we find :— " William Bretton, gent., recorded his mark of hogs and cattle, viz.: Over and underkeeled, y* right ear, commonly called a fleur-de-lis ; cropt y« left ear. Which is
MR. BEETTON. 227
with the members of his chm-ch, at that period ; ' his name is not among the signers of the Protestant Declaration;^ and the very phraseology, in his gift of the church-lot, has the unmistakable marks of his sympathy with the faith of the Eoman church, and (independently of other evidence) is sufficient to satisfy a reasonable mind.^
the true and only mark of ye said William Bretton." It will be observed, that the Jleur-de-lis (or, heraldic lily) differs from the lily of the garden, in having three leaves instead of five. See Burke.
' It was a part of the mark of Doctor Thomas Matthews (Lib. No. 2, p. 511), of Col. William Evans (Lib. S., 1658 to 1662, p. 25), and of Doctor Thomas Gerrard (Lib. S., 1658 to 1662, p. 117). These gentlemen were, all, Roman Catholics. See confession of Mathews, Lib. No. 3, p. 157 ; will of Evans, Lib. No. 1, 1635 to 1674, p. 331 ; and the faith of Gerrard, in the case of the Rev. Francis Fitzher- bert, in another note. I perceive no instance, at this period, in which the Jieur-de-lis^ as a part of the cattle-mark, was adopted by any Protestant.
' He was in the Assembly when the Declaration was drawn up and signed. But he was not one of the signers.
' The following is from Lib. S. 1658 to 1662, Judgments, p. 1026 :
" April y* 12, 1662. This day came Mr. Wm. Bretton, and desired the ensuing to be recorded : viz.
" AD PERPETUAM REI MEMORIAM.
" Forasmuch as divers good and zealous Roman Catholic inhabit- ants of Newtown, and St. Clement's Bay, have unanimously agreed, amongst themselves, to erect and build a church or chapel whither
228 THE DAT-STAK.
they may repair oa Sundays, and other holy days appointed and commanded by Holy Church ; to serve Almighty God ; and hear divine service. And the most convenient place for that purpose, desired and pitched upon, by them all, is on a certain parcel of the land belonging to Wm. Bretton, gentleman. Now know ye, that I, William Bretton, of Little-Bretton, in y« county of St. Mary's, in the province of Maryland, gentleman ; with the hearty, good-liking of my dearly beloved wife, Temperance Bretton ; to the greater honor and glory of Almighty God, the Ever-Immacu- late Virgin Mary, and all Saints ; have given, and do hereby freely for ever give, to the behoof of the said Roman Catholic inhabitants, and their posterity, or successors, Roman Catholics, 60 much land, as they shall build y* said church or chapel ou ; which, for their better convenience, they may frequent, to serve Almighty God, and hear divine service, as aforesaid ; with such other land adjoining to y^ said church or chapel, convenient like- wise for a churchyard, wherein to bury their dead ; containing about one acre and a half of ground, situate and lying on a dividend of land called Bretton's Outlet, and on the east side of y« said dividend, near to y^ head of the creek called St. William's Creek, which falleth into St. Nicholas's Creek, and near unto the narrowest place of y« freehold of Little-Bretton, commonly called The Straits," &c., &c.
Could not this interesting little chapel's history yet be writ- ten ? The deed surely indicates, with suflacient distinctness, the gpot where it stood. It is dated the " tenth " of November
ME. BROWNE, 229
CHAPTEK XXYII.
Mr. Richard Browne.
Nothing is known of the ancestry, birth-place, or posterity of Mr. Browne ; and less, indeed, of his own immediate life, than that of any member of the Assembly in 1649. A part of the obscurity arises from the fact, that two persons of his name lived here about the same period ; the one hav- ing arrived about the year 1638;' the other, during the month of July, 1648.' The former, it seems, took the " oath of fealty," '^ June 27th, 1647;"' and the latter, the ''14th of J^ovember," 1648." The name of ^^ Ricliard Browne^'' also appears among the members of the preceding
* He was one of the securities, that year, upon the bond of Lieut. Wm. Lewis, the Roman Catholic. See Lewis's case, in Bozman, vol. 2, p. 598.
* Lib. No. 2, p. 458.
^ Council Proceedings, from 1636 to 1657, in the Executive Cham, ber, p. 144.
* Council Proceedings, p. 145.
230 THE DAY-STAE.
Assembly ; ^ and is affixed, about a year later, to the Protestant Declaration.^ One of them (the emigrant of 1648) usually had the prefix of " JI/t".", or the addition of " gerdlemayir The other, proba- bly, belonged to the class of yeomen.^ The former lived upon Clement's manor, the latter part of 1649/ The residence of the latter, during the same year, it is now impossible to give. We may suppose, the " gentleman " was the member of the Assembly ; and also one of the persons of consideration, in the province, who signed the Declaration. But the evidence of the Assembly- man's identity with the Protestant, is, by no means, conclusive. The result of the investigation is any- thing but satisfactory.
' Lib. No. 2, pp. 488, 489.
" See Declaration, Bozman, vol. 2, p. 672.
^ He rarely had eitlier the prefix or the addition.
* Lib. No. 3, pp. 96, 97. The plantation upon the manor was bought (see Lib. No. 2, p. 508) "June 29, 1649 ;" and sold, by " Richard Brown, gentleman " (see Lib. No. 3, pp. 101, 102), <' unto George Manners and his assigns," in the year 1651.
MR. MANNERS. 231
OHAPTEE XXYIII.
Mr. George Manners.
But little also can be gleaned from the records relating to tlie life of Mr. Manners. Enongh, however, remains to warrant the supposition, he was a soldier in the march under Colonel Price, in 1647, against a hostile band of eastern-shore Indians ; ' and we know he held a seat in the
^ The JVanticokes and the JVicomicks. Bozraan (vol. 2, p. 310) doubts if the "expedition" ever "took place." That it did, is evident. " Jas. Lindsay, at y« request of Capt. Jno. Price, saith upon his oath, that Lieut. Wm. Lewis was the first man, that drew sword, and entered the house, pullitig the mat from off the house ; and brought forth out of the house an Indian woman, and a child ; delivering her to the guard, at y march on y^ Eastern shore, sometime in July last ; and further he saith not. George Man- ners deposeth the same, and addeth further, that at the entering of the house, Lt. Lewis gave the word ' Give fire.' And an Indian bolting out of y« house, the said Lt. Lewis commanded his party to give fire upon the Indian also. And when both parties came together, Capt. Price commanded the whole party to march, and bid them not to wrong, or take any thing from any Indian, or ehoot at any Indian. And so they marched near upon two miles
232 THE DAY-STAR.
Assembly of the province, during the years 1649 * and 1650.^ We have also the evidence of the fact, that he was a Roman Catholic. Present at the signing of the Declaration, he did not affix his name. Upon the test questions of 1650, he acted with the Itoman Catholic members of the Assem- bly.' And he gave a legacy to the church, of which he was a member. He died in 1651,* leaving his sons William and Edward, and his daughter Barbara.
back again, not shooting any gun. But the Indians, gathering in great companies about our men, shot a man of ours in the rear. And then Capt. Price commanded the company to give fire ; and not before. Walter Gweast deposeth idem ad verha.''^ See Lib. No. 2, pp. 306-307.
^ Lib. No. 2, pp. 488-489.
"^ Lib. No. 3, p. 47.
^ See, for the sake of illustration, Bozman, vol. 2, p. 389 ; and Lib. No. 3 (Laud-Office Kecorfls), p. 57.
* The possessions of our forefathers, besides their lands and ser- vants, consisted chiefly of flocks and herds. " I give and bequeath to the church one red cow-calf." See will of Mr. Manners, Lib. No. 1, 1635 to 1674, p. 32. "Church," without an express decla- ration to the contrary, always, during that period, signified the Roman Catholic. And the gift was in token of the testator's faith. See {ex. gra.) the wills of the well-known Roman Catholics, Robt. Clarke, and Barnaby Jackson. See also, on the other hand, the note to p. 235 of this volume.
CAPT. BAlfKS, 233
CHAPTER XXIX.
Captain Richard Banks.
AssuMESTG, that Captain Banks was one of the Pro- testant members of the Assembly in 164:9 ; we are struck with the magnanimity, w^hich subsequently marked his career. Of his ancestry, nothing is posi- tively known ; and it is doubtful if he left any de- scendants. But we are informed of the fact, that lie married Margaret Hatton, the widow of the secre- tary's brother.' He arrived in 1646.^ His house was robbed by Ingle's accomplices ; ' and he arrested, about the same time, five Indians,* who were suspected of "felony," but soon afterwards tried and acquitted. In the Assembly of 1648, he represented twenty-four freemen ; " and we know,
^ Lib. No. l,p. 440.
■■' Lib. No. 2, p. 458 ; and Lib. A. B. and H., p. 15. ' Robbed of tobacco sold to Capt. Cornwallii. Lib. No. 2, p. 303.
* They were Patuxents. Lib. No. 2, p. 343.
* On the 20th of January (0. S.) he held, from New-town,
234 THE DAT-STAE.
he sat in the same body, during the year 1649/ In 1652, he held the responsible post of a council- lor, under the sway of the Puritans ;'' yet in 1655, he was on the side of Governor Stone. Satisfied of the purity of his intentions, the victorious party, within a few months after the battle, gave him a discharge;' but the following October (having "done something" offensive at 'the election of burgesses), he was required to give securit}^ for his "good abearance."* From all, that can now be ascertained, we have reason for the belief, that his character was in the highest degree estimable. His pledge for the redemption, from captivity, of an orphan child, is honorable to his memory ; ^
" 19 proxies '' (Lib. No. 2, pp. 287, 288) ; and, on the 28th of the same month (p. 293, 294), " 24 voices."
' Lib. No. 2, pp. 488, 489.
2 Bozman, vol. 2, p. 681.
^ •* Lieut. Richard Banks and Thomas Tunnell, being found in arms against the present government ; and pleading they were misled by the protestation of Capt. Stone, who said, he had power, from the Lord Protector ; and also did surrender a fort upon the first summons; are discharged from further trouble, in the action, upon their submission, and good forbearance to the present government." Lib. No. 3, p. 138, Proceedings of the Provincial Court, April Term, 1655. "• Lib. No. 3 p. 156.
® An order was passed by the Assembly for the ransom of Thos.
CAPT. BANKS. 235
and illustrates a trait, for which he seems to have been distinguished. His acceptance of an office under the Puritans, suggests the idea that he was a Protestant ; but his subsequent sympathy with the government of the proprietary, and the part he took in the contest of 1655, would render the supposition extremely doubtful. A colonist of his surname (probably his son), was unquestionably a member of the English church ; ' and this fact strengthens the opinion, that the Assembly-man of 1649 held the same faith. But the probability is weakened by the further fact, that the name of Banks occurs very frequently upon the records ;
Allen's two children ; and they were required to serve the persons who might advance the money. But on " the 15th of September, 1650, lieutenant" (subsequently captain) "Banks freely engageth himself to satisfy the 900 pounds of tobacco and cask, for the redemption of Thomas, the son of Thos. Allen, deceased ; accord- ing to the order of the Assembly for that purpose ; without any consideration of servitude, or any other consideration whatever, but his free love, and affection. Witness his hand, y" day and year abovesaid. Richard Banks.-' See the Assembly's Order (Lib. No. 3, p. 42-43) for the payment to the Indians ; and Capt. Banks's Engagement, Lib. No. 3, p. 26.
^ •■' Declaring myself hereby to be a Christian, and to hold the Catholic faith, as it is established by the canonical doctrine of the Church of England, into which I was baptized." Will of Thos. Bankes, in 1684, Lib. G., p. 126. Catholic is, here, expressly defined
236 THE DAY-STAR.
and that many who bore it, were not at all related to each other. Accident, however, sometimes rewards the diligence of the student. From an incidental som-ce, we have the proof, that Captain Banks was a Protestant.^
^ " Now for the disposal of my children," says Thos. Allen, '' I would not have them live with any Papist. For my eldest son, Thomas, if he pleases to live with one of the overseers of this my will ; he may, during his pleasure." Capt. Banks was one of the overseers. See the Will, Lib. No. 1, 1635 to 1674, p. 15. In the same paper, he suggests to his overseers to offer another son to Mr, Phil. Conner, who had expressed a desire to adopt one of the children. The will is dated in 1648 ; and written, under great anxiety, from an apprehension of violence, or some other cause. The next thing, we learn, is the captivity of his orphans among the Indians He was an Assembly-man in 1648.
ME. MAtmSELL. 2ST
CHAPTER XXX.
Mr. John Maunsell.
Mr. Maunsell^ arrived, as early as the year 1637;' and lived in St. Clement's hundred in 1642.^ It would seem, his residence about ten years later, was in the same part of St. Mary's county ;^ and either there, or in the adjacent hun- dred of ^ewtown,^ we cannot but suppose, he may be traced, during the year 1649, when he held a seat in the General Assembly of the province. He did not take up many tracts of land ; and all his possessions were indeed rather small; but he is generally styled " planter " upon . the records. And, while his name is not often connected with important events in our early history, yet surely
^ Spelt also " Mansell." » Lib. No. 1, pp. 68-69.
' Records of the Executive Chamber.. Proceedings of the Assem- bly, Lib. 1637 to 1658, pp. 209-215.
* Lib. B. B., 1663 to 1665, Judgments, pp. 153-154.
* Lib. A. B. and H., p. 167.
238 ' THE DAY-STAE.
two incidents demand a notice — the plunder of his house by Ingle's piratical party '—and his relation- ship towards the memorable Assembly of 1649.* The evidence of his faith in the Roman Catholic church, is purely circumstantial, but not the less conclusive or satisfactory. The inference is drawn from the absence of everything (so far as his life can now be illustrated), like the least taint of dis» loyalty toward the proprietary; from the historical traditions connected with the name of " Maun- sell'^^^'' from the faith of the gentleman, under
* "John Maunsell maketh oath that about five years since (when Richard Ingle, mariner, and his accomplices, plundered divers of the inhabitants of this province of Maryland) divers per- sons of his, the said Ingle's party, plundered and took away from this deponent's house, in Maryland aforesaid, one hogshead of tobacco, which then had been paid, and belonged to Mr. Cuthbert Fenwick, or to Capt. Thos. Cornwallis ; and that John Rablay, of Virginia, was then in company of them that so plundered and took away the said tobacco ; which Rablay was one of them, that was most active and busy in employments of that nature.
"Jurat, 5 die November, 1649, coram me, Lib. No. 2, p. 524. " Thos. Hatton."
"" Lib. No. 2, pp. 488, 489.
' The name of one distinguished, but fifty years later, in the Roman Catholic missions of Maryland. The records are lost, and I cannot trace tbe relationship ; but presume he was a member of the same family. Thomas was his first name.
ME. MAtJKSELL. 239
wlioae Special care, and immediate auspices, he came to Maryland ; ' from the year of his arrival, so distinguished for the large number of Roman Catholic emigrants,'^ and so near the landing of the original Pilgrims at St. Mary's, as to warrant the presumption (apart from other reasons), that he was a discij)le of the same church ; from the hosti- lity manifested (chiefly, indeed, toward Captain Corhwallis, but partly, also, we may suppose, against himself) by the Catholic-hating, Puritan pirate ; ' from the well-known Roman Catholic prefix to a tract surveyed for him ; ^ from the absence of his name (a fact of very great weight) from a Declaration signed by so many of the most prominent Protestants, including (it would seem) some of his neighbors;^ but especially from the
^ Mr. William Bretton, the Roman-Catholic Assembly-man of 1649. See Lib. No. 1, pp. 68-69.
' The Rev. Thos. Copley, Messrs. Wm. Bretton, Luke Gardiner, Thos. Mathews, John Lewger, and the members of Mr. Lewger'a family, were some of the Roman Catholics, who came in 1637. See Lib. No. 1, pp. 19-20.
' See Mr. Maunsell's preceding deposition.
* '* St. John's," consisting of 100 acres, on the west side of Britton's Bay, was surveyed for Mr. Maunsell in 1649. Rent-Roll for St. Mary's and Charles, vol. 1, fol. 26.
» In Lib. B. B., 1663 to 1665, Judgments, and on pp. 153-164,
240 THE DAY-STAE.
faith of Colonel William Evans/ the administrator upon his estate, and the guardian of his orphan eon' (a point, upon which our ancestors betrayed the keenest sensibility),' as well as the god-father of his supposed daughter/ No fact, in his life,
there is a certificate of Doct. Thos. Gerrard's election, in 1652, to the House of Burgesses, over the signature of thirty-seven free- men, including Mr. Maunsell. Some of them had signed the Pro- testant Declaration. If Mr. Maunsell 's neighbors could affix their names, why was not he, also, a signer ?
^ See Will of Col. Wm. Evans, the Roman Catholic, Lib. No. 1, 1635 to 1674, p. 331-332.
' Mr. Maunsell, it would seem, died about 1660, without a will. And his son John, then in his seventeenth year (in conformity, we may presume, with the faith of the family), " made choice of Capt." (subsequently Col.) " Wm. Evans, for his guardian ;" who imme- diately afterwards received instructions from the Court, to " take out letters of administration." See Lib. S. 1658 to 1662, Judg- ments, p. 343.
* So great was the anxiety manifested by our ancestors upon this subject, that in some cases they provided, even in their wills, for a change of the guardian, upon his adoption of a different faith from that held by the testator.
* No freeman, or gentleman, who bore the name of Maunsell, had lived here, but the Assembly-man and his son ; and from the rela- tionship also of Col. Evans — the godfather of the one (see his will) and the guardian of the other child — we infer, that Mary was the iister of John, and the daughter of the emigrant of 1637. In an age of so much earnestness, we cannot believe that a Protestant would allow his child to be baptized by a Roman Catholic priest ; or that a Roman Catholic would become the sponsor for an infant
ME. MATJNSELL. 241
weakens the inference ; but everything, that is known of him, confirms and sustains it. Even if he were a Protestant ; or we suppose, he was a delegate, either from St Clemen ('s, or from l!Tew- town ; he could still but represent the sentiments of the Eoman Catholic party. J^early all the inhabitants of the former hundred were the tenants of Doct. Gerrard ; or the suitors before the court- leet and the court-baron held upon St. Clement's manor. For nothing was the latter more noted, than for the great number of its Eoman Catholics.
receiving the sacramental rite from a Protestant How natural, then, is the supposition, that Col. Evans, and the Assembly-man of 1649, were members of the same church !
11
243 THE DAT-STAJS.
CHAPTEE XXXI,
Mr. Thomas Thornborough.
There is sufficient evidence to prove the iden- tity of "Thomas" with "Mr. Thornborough," the Assembly-man of 1649^ — to say nothing of the fact, that he was the only person of his surname, in the province, during that period. The first glimpse, we have of him, relates to the right, he held to "Mr. ITeale's Plantation," the same, I pre- sume, as " "Wolleston " ^ (itself a corruption of " Woolstanton " ') Manor, surveyed in 1642, near the mouth of the Wicomico,* for Capt. James. Keale, the privy councillor of Maryland, and the
* In some parts of the record, he is styled " Mr. Thornborough ;" in others, relating to the same transactions, " Mr. Thomas Thorn- borough."
' Rent Roll for St. Mary's and Charles, vol. 2, fol. 283. - ^ The name of a town in Staffordshire.
* Lib. A. B. and H., p. 95.
MR. TH0EKB0E0UG3. 243
Ancestor of the second arclibisliop ' of Baltimore. From some expressions in the deposition of CoL Jarboe, it would seem, he soon afterwards mani- fested a sympathy for Capt. Ingle, or the other enemies of the government.' But his offence is nowhere stated ; we know but little, if anything, of its nature ; although it is highly probable (look- ing at the subsequent Act of the Assembly) that the 07'iginal ground of hostility had reference rather to the subject of a land-title than to the rightful authority of Governor Calvert.^ It is certain that
^ The most Rev. Leonard Neale, who died in 1817.
' The depositions of Col. Evans, and of Col. Jarboe, are of the same purport. " John Jarbo deposed, saith, that being at Kicetan, Mr. Calvert sent this deponent to Mr. Thornborough, to desire him to meet him at York, and speak with him ; and bid this deponent tell y« said Mr. Thornborough, that he should not fear any thing, what had passed in former times, and that y" plantation (meaning Mr. Neale's plantation, as this deponent believeth), or any thing else that was formerly his (to wit Mr. Thornborough's) in Mary- land, he would confirm it unto him. And, upon this, the said Mr. Thornborough. came up with Mr. Calvert. And further, meeting him, the said Mr. Calvert, at York ; he, the said Mr. Calvert, took him, the said Mr. Thornborough, by the hand, bidding him wel- come ; and, in this deponent's hearing, forgave him ; and spake the former words of gift, or such like, to him." Lib. No. 2, p. 286.
' In case of Mr. Thornborough's attainder, or the forfeiture of a fee-simple title, the manor would have become, not Capt. Neale's.
2i4 THE DAY-STAE.
a cordial understanding was re-established between the governor and himself, while they were both in Virginia; that they returned to Maryland; that the latter aided the former in the defence of Fort St. Inigo's, as well as the overthrow of the rebels;' and that he was the object of the most
but the proprietary's. Why should the legislature find it necessary '* to stand betwixt" the grantor and the grantee, except upon the supposition of a controversy, which had involved, first, the captain and then the governor, before the meeting in Virginia ? " Whereas it appeareth, that Nathanial Pope, attorney of Mr. James Neale, by virtue of his letter of attorney, gave unto Mr. Thos. Thornbo- rough the plantation, which was formerly y« said Mr. Neale's, to enjoy for ever, upon condition y' he would come into the country, and seat upon it. And whereas likewise there are divers deposi- tions upon record, how that Mr. Calvert, late governor, did confirm what was formerly belonging to the said Mr. Thornborough, in Maryland, before his last coming into the province to reassume the government ; and did give the said plantation unto the said Mr. Thornborough. We, the freemen assembled in this General Assembly, do generally and unanimously bind ourselves, to save y« said Mr. Thornborough harmless ; and to stand betwixt the said Mr. Neale and him ; whereby he, the said Mr. Thornborough, may go upon the said plantation, and enjoy the same." See Legisla- tive Proceedings of 1648, Lib. No. 2, pp. 295, 296. The convey- ance from Capt. Neale's attorney to Mr. Thornborough is not, indeed, upon the record ; and it is impossible to say exactly what sort of title was transferred.
^ For his services at St. Inigo's Fort, Governor Calvert gave him a ** horse." Lib, No. 3, p. 43.
I
MB. THORNBOROUGH. 245
bitter hate on the part of the Protestant enemies of the proprietary.' He also sat in the Assemblies of 1648* and 1649.' Considering the period of our provincial history, when questions of a religious cha- racter formed the most important element in the composition of political parties ; we do no violence to the evidence still accessible, in at least presum- ing,* he held the same faith as the governor and
^ Col. Trice, Mr. Thornborough, and Thos. Hebden, were spe- cially " aimed at, and their deaths vowed," by the enemies of the government. Observe the hostility of Gray, as we find it, in the testimony of Edward Thompson, of Virginia, taken before the government of Maryland, the " 18th January, 1646," 0. S. " This examinantsaith, that being at his house in Chickacoan, on Wednes- day last, one Samuel Tailor, coming into the house, and being asked by this examinant, what was abroad, replied : — The speaker (meaning Francis Gray) had spoke once again ; and that they, that were the chief cause of entertaining the present governor, were aimed at, and their death vowed (meaning Capt. Price, and Thornbury, and Hebden) ; but that there was a party, that wouhl go over from this place (meaning Chickacoan), so soon as the governor is gone to Kent, or where else they can get an oppor- tunity to go over ; and would fire, and burn, and destroy; all, that they can." Lib. No. 1, p. 210.
" In the Assembly of 1648, he sat simply as an individual free- man. Lib. No. 2, pp. 293-294.
'Lib. No. 2, pp. 488-489.
* Nothing is more reasonable — a presumption not rebutted (as It Is in the case of Col. Price), but greatly confirmed, with regard
246 THE DAY-STAE.
the proprietary. Nothing is known of his family, or the time of his death ; but it is not unlikely, he was a relative of Capt. Neale, the Koman Catholic gentleman, who "gave" him the plantation.
to Messrs. Thornborough and Hebden ; for neither of them signed the Declaration, although the former, having business at St. Mary's (see Lib. No. 3, p. 43), probably went to the very spot, where that paper was drawn up. Of the latter's faith there is no doubt. See his deed to Messrs. Nicholas Causin, Barnaby Jackson, and Luke Gardiner, for the use of the Rev. Thos. Copley, and his " successors," Lib. No. 2, p. 533. I may also add, that the suppo- sition of two Roman Catholics out of three colonists comes nearer to the ratio of the former to the whole population.
MB. PEAEE. 247
CHAPTEE XXXII.
Mr. Walter Peake.*
It still remains for us, to notice tlie life of another Assemblj-raan of 1649 ; but one upon whose memory, is cast the shade of sin and shame ; whose fate it was, under the stern laws of that period, to look forward, as the consequence of his own deed, to the forfeiture of all his lands,'' and to the beggary of his children ; and, about the sixtieth year of his age,' to suffer a felon's death.* The time of his arrival is not exactly known ; but it is probable, he came in 1646 ; ' and that, in 1648 and
^ Spelt also Pake.
^ " Considering the miserable condition of the orphan," " who no way shared in the guilt of the parent," the proprietary subse- quently gave a new patent for St. Margaret's, to Margaret, the daughter of Mr. Peake, and the wife of John Noble. Lib. No. 17, p. 98.
^ In January, 1664, he was fifty-five. See his deposition, Lib. B. B., 1663 to 1665, Judgments, p. 262.
* The patent to Mrs. Margaret Noble recites his execution.
• He brought bis eon, Peter, during that year. Lib. No. 2, p. 623.
248 THE DAT-STAK.
1649 (when he sat in the Assembly/ apparently one of the most respectable members), he resided in Newtown hundred; as he certainly did soon afterwards,^ and for a period of many years later. From his association with Governor Calvert," we cannot doubt the sincerity of his attachment to the proprietary's government. There is also farther evidence of his faith in the Koman church, derived from the fact, that he did not sign the Protestant Declaration; from the composition of the jury, which tried his painful case ;* from his intimacy with many of the noted members of the Roman church,^ from more than one of whom
' Lib. No. 2, p. 288, and p. 488.
» Lib. No. 3, p. 100 ; Lib. No. 4, p. 11 ; and Lib. F. F. 1665 to 1669, Judgments, pp. 651-656.
' Bozman, vol. 2, p. 640.
* If Mr. Peake were a Protestant ; and the rule, in the eases of Robt. Holt and Parson Wilkinson, observed; the jury, in his case, would have been of the same faith. It seems, however, it was not a pure, but a mixed one. See, e. g., the will of the juror, Raymond Staplefort, Lib. G. p. 265. " And so," says he, at the end of that paper, *' I rest in God, and all his saints, and angels. Amen." Roman Catholics, it seems, never asked for a jury of their own faith.
^ He was intimate with Philip Land, John Jarboe, Thos. Mathews, and James Langworth. See Lib. No. 2, p. 449, and p. 372 ; Lilx No. 1, p. 5C2 : ana Lib. No. 3. p. 201.
MK. PEAKE. 249
did his children, at different times, receive those gifts, which it was so mnch the practice of the early colonial god-fathers to present ; ' from the well-known Koman Catholic family of Peake, living in St. Mary's, as late as the American Revo- lution, whose ascent indeed cannot be clearly traced (such has been the destruction of our records), but who, we have but little ground to doubt, were either his lineal or his collateral descendants; from the names given to his chil- dren ; and from the marks borne by the tracts, he had taken up. His eldest daughter was named after the Virgin Mother ; his son, in remembrance of him who is regarded as the chief of the Apos- tles, and the founder of the universal primacy of the Roman see. The names* of his wife, of a
^ See the gift from Col. Jarboe, Lib, No. 2, p. 372 ; and the one from Thos. Mathews, Lib, No, 1, p. 562. Doct. Mathews was pro- bably the god-father of Mr. Peake's son.
' His wife was named Frances, Anne Peake was either his daughter, or his daughter-in-law. I am inclined to think, there were two persons of that name, besides his other children, Peter, Mary, and Margaret. Richard Lawrence gave a legacy to one of his children. See the will, Lib. No. 1, 1635 to 1674, p. 65, For the names of his wife and children, see Lib. No. 2, p, 372 ; Lib. No. 17, p. 98 : Lib. No. 2. p. 52.3 ; Lib. P.. P. 1663 to 1665, Judg- 11^-
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second daughter, of a third member of his family, and of a friend, were, each of them, given to cor- responding tracts, all of which had the prefix of St^ More estates were surveyed for him, with the Roman Catholic mark, than for Governor Calvert, for Capt. Cornwallis, for Mr. Lewger, for Doctor Gerrard, or for any other Roman Catholic colonist in the whole province of Maryland.' The evidence is conclusive.
ments, p. 226 ; Lib. No. 1, 1635 to 1674, p. 473 ; and Lib. No. 14, p. 82. Margaret was married to Henry Aspinall. ' ^ St. Frances, St. Margaret, St. Lawrence, and St. Peter's Hill were, all of them, in Newtown hundred, St. Mary's County ; St. Anne's was in Charles. See Rent-Rolls. He lived upon St. Law- rence, at the time of his trial.
' In counting the tracts taken up by Mr. Peake, I include St. Anne's, surveyed, not for him, but for Ann. Excluding that tract, his number equals Mr. Lewger's, or that of any other colonist. For Gov. Calvert were surveyed the manors of St. Michael and St. Gabriel ; for Capt. Cornwallis, St. Elizabeth, and West-Saint- Mary's Manor ; for Mr. John Lewger, St. John's Freehold, and St. Anne's, in St. Mary's, and St. Barbara's, and St. Thomas's in Charles ; for Doct. Thos. Gerrard, St. Winfred, and St. Clement's Manor, in St. Mary's ; for Thomas Simpson, three tracts, with the prefix, in Charles ; for Thos. Mathews, two, in the same county ; for Luke Gardiner, St. John's, and St. John's Landing, in St. Mary's ; for Col. Jarboe, St. John's, in Charles ; for Mr. Clarke, the privy-councillor, St. Lawrence, and St. Lawrence's Freehold, in St Mary's ; and for Mr. James Lindsey, St. James's, St. Thomas's,
♦ ME. PEAKE. 251
At St. Mary's city, in the month of December, dm-ing the year 1668, sat the high Provincial Court of the Right Honorable Cecil! us, the lord pro- prietary. Charles Calvert, the governor, subse- quently the third baron of Baltimore, was the chief justice. Before the bar of this tribunal, appeared this Assembly-man, indicted for the murder of William Price,^ by piercing him, with a " sword^^ " on the left," " through, to his right side, under the shoulder ;" and then cutting his " throat," to " the depth of three inches." His plea (the usual one in such cases) was Not Guilty, Thomas Sprigg^ was the chief member of the grand jury ; and Christopher Rowsby' (destined,
St. Philip's, and St. James', all of them ia Charles — and two having the same name — four being the highest number, with the Roman Catholic index, taken up by any one, excepting Mr. Peake ; for whom, I am inclined to think, St. Anne's also was originally surveyed (although the certificate cannot now be found), making a fifth.
* " By force and arms "— '' feloniously, and of malice fore« thought " — " contrary to the peace of his said lordship, his rule, and dignity," — are the words used in the indictment.
^ A near relation of Gov. Stone, and the ancestor of the Spriggs of Calvert, now of Prince George's County.
• Stabbed in 1684, by Col. Talbot, the deputy governor. See Thomas's Lessee t>. Hamilton. 1 Harris and McHenry, p. 192.
252 THE DAY-STAK. •
himself, many years afterwards, to die by the hand of violence), the foreman of the panel summoned to try the case. No technical objection is made to the indictment ; no attorney appears on the priso- ner's behalf ; no testimony is offered in his defence ; no witness for the proprietary, in any way, cross- examined/ The jury retire ; but soon return with their verdict. Asking the court to say, whether the deed was manslaughter, or murder ; they find he " is guilty of the death," but " was drunk " at the time, and knew' not "what he did." He addresses no appeal to the sympathy of the judges ; he submits no objection to the form of
Respecting the governor's flight to Virginia, his conviction there, and subsequent retreat to a cave, in Cecil, near the Susquehannah, where he was fed for a long time by the falcons, a strange and somewhat interesting legend has also been preserved.
' I write from the record of the case. We have no knowledge whatever of any cross-examination.
' The verdict :— " We, the men of the jury, sworn upon the trial of the life and death of Walter Peake, do return our verdict specially in manner following: That Walter Peake is guilty of the death of Wm. Price, by wounding him, in several places of the body, whereof he died ; that Walter Peake was drunk, and did not know what he did, at the time of committing the fact aforesaid. Therefore, if the court are of judgment, that it was murdor, then the jury do find it murder ; but if not, then the jury do find it manslaughter." Lib. F. F. 1665 to 1669, Judgments, pp. 651-656.
MR. PEAKE. 253
the verdict ; but still remains in silence. " The whole bench, then," decide, he is guilty of " mur- der." But neither against the decision of the court, nor the impending sentence of death, does he utter a word. Once, and once only, did he open his mouth. It was the moment after the sentence. Then, he " desired," as a favor (and the request was not denied), that " he " might " suffe7^ death hefore his own house^ where he " /^(^ " com- mitted the fact P Thus perished and passed away, upon the gallows, in the spirit of a Catholic peni- tent, after a life of toilsome, heroic sacrifice in the wilderness, one of the men so honorably connected with the most sublime and magnificent conception of the seventeenth century ! Pojpe Ahiey was tlie name of his executioner^ — the only fact, which gives him a claim to any place upon the page of our country's history.
* Convicted of cow-stealing — but the subject of a respite, — " seve- ral persons" having, "upon their knees," begged his " life "of the governor. See the last-named Liber.
254 THE DAY-STAB.
CHAPTER XXXIII.
Conclusion.
The result is before the reader. A word will be added, upon the general spirit, which distinguishes the era of Roman. Catholic toleration.
For the purpose of depriving the Roman Catho- lics of the honor, to which they- are so clearly entitled, skepticism has often united with bigotry, in the feeble and inglorious attempt to overthrow the facts of external history. It has not stopped there. Admitting, for the argument's sake, the accuracy of the preceding narrative ; it has been busy in suggesting, with a cold-blooded malignity, a variety of imaginary reasons for the policy adopted by the proprietary. It goes upon the assumption, that man is mean ; that he has no generous, or noble spring of action. Representing a philosophy, which ignores not only the charity of the Gospel, but the very life and soul of history ;
BIGOTRY UNITED WITH SKEPTICISM. 255
it never records the performance of a good deed, without the assignment of a bad motive. And it has been sometimes asserted, but more frequently insinuated — insinuated, also, in the most crafty and sly manner — that the Calverts were actuated by considerations of a selfish sort — that the fear of offending the Anglo-Catholic king at one time, and the Puritans of England at another, was the real secret of the policy, for which they have been so much commended — and that, in giving the invita- tion to Christians of every name, less regard was felt for the lona fide principle of religious liberty, than for the purse of the proprietary, or for the success of an experiment conceived, and executed in the spirit of a mere money-making adventure"! ! Policy, indeed, of an enlightened and honorable sort, has always been one of the elements of a good government. It is also admitted, that the province of Maryland grew, both in population and in resources, during the sway of the first, and of the second proprietary. A course of honor is not at all times attended with disaster ; virtue is sometimes re- warded, even in this world ; and a liberal principle of government is not necessarily unsuccessful, in
256 THE DAY-STAR.
its practical or commercial results. Is nothing due to the memory of Washington, for spurning the vain and visionary offer of a crown? Does a gentleman regard his honor, in a purely utilitarian light ? Do the daughters of America, in protect- ing the purity of our hearth-stones, consider merely how impolitic is the sin, which leads them so swiftly to the chambers of death ? Or was Mammonism, under its thousand forms, either of a gross, or of a refined sensualism, the all-pervading, universal genius of society, two hundred years ago?
The truth is, the ingenuous student is rather surprised at the small extent, to which the principle of a mere self-loving policy was carried. There is no doubt whatever, that the early Eoman Catho- lics of Maryland were heartily opposed to the political party represented by the Puritans. Nor were they afraid to manifest their opposition. We have two memorable instances. They opposed them by a proclamation, in favor of Charles the Second, within twelve months after the passage of the Toleration Act. And they bravely, though unsuccessfully, fought them, at the battle near the
SPIRIT OF THE EARLY ROMAN CATHOLICS. 257
Severn in 1655. The governor, who issued the proclamation, had been a leading member of the Assembly in April, 1649. He was a Roman Catholic, it will be remembered ; and a fair expo- nent of the views of the Roman Catholic party, on the question, which then divided the English nation at home. His councillors, also, had been in the same Assembly. And however imj)olitic may have been the course of Governor Green,' his very want of policy is the strongest evidence of the fact, that the administration of the proprie- tary's government was not shaped by any very great fear of the Puritans.
The most remarkable view of the whole era arises from the stability of the principle, the uni- formity of the practice, and the unwillingness of the government to run to extremes in either direc- tion. The case of Lieut. Lewis called for the prompt interposition of the governor ; for the rule was plain. Equally plain do we find it, under the articles filed against Father Fitzherbert. Notwith- standing his indiscreet zeal, no respectable court
* Thomas Green was the acting governor, the latter part of 1649. See Bozman, Addison, and other authorities.
258 THE DAY-STAK.
could have given judgment in favor of the prose- cution. But how easy would it have been for a class of time-serving politicians to pass such a sen- tence, as might gratify the colonists, in the midst of their clamor. Considerations of policy, also, were then urged, but without avail, upon the pro- prietary.
Cases enough have been cited, upon the preced- ing pages, to show also (what is the most interest- ing fact in the whole of our provincial history), I that freedom of conscience existed, not only in the I legislation, but also in the very heart of the colony. It prevailed for a period of nearly sixty years ; a real, active principle; and the life-guidance of many thousands. Cases of individual intolerance always produced a sensation^ — the best proof, in the judgment of the historical critic, that they formed, not the rule itself, but (to borrow a popular expression) the very exceptions to it.
Let not the Protestant historian of America give grudgingly. Let him testify, with a warm heart ; and pay, with gladness, the tribute so richly due
See Depositions, in the case of Father Fitzherbert, and other oases already cited ; also note upon the will of Mrs. Fenwick.
THE INHERITANCE. 259
to tlie memory of our early forefathers. Let their deeds be enshrined in our hearts ; and their names repeated in our households. Let them he canon- ized, in the grateful regards of the American; and handed down, through the lips of a living tradi- tion, to his most remote posterity. In an age of cruelty, like true men, with heroic hearts, they fought the first great battle of religious liberty. And their fame, without reference to their faith, is now the inheritance, not only of Maryland, but also of America.
^61
APPENDIX.— ]S"o. I.
EMIGRANTS FROM ENGLAND. See Note 1, ante, p. 81.
The Hon. Wm. Burgess, the leading colonist upon South River (see ante, pp.72-73), probably from Marlborough, in Wilts, arrived in 1650 ; and, at various times, transported about one hundred and fifty persons, including the forefathers of several of the most distinguished families now living in this state. He was himself, through his son Charles, the ancestor of the Burgesses of Westpha- lia ; through his daughter Susannah, of the Sewalls of Mattapany- Sewall, closely connected with the family of Lord Charles Balti- more ; through his grand-daughter Ursula, of the Davises of Mount Hope, who did not arrive from the principality of Wales, before the year 1720 ; and, through a still later female line, of the Bowies of Prince George's, represented by Doct. Bowie, of Upper- Marlborough, in 1853.
Many, also, of the distinguished families of Kent came, about the year of Col. Burgess's arrival. The few only which can be named here, are the Ringgolds of Kent Island, now so honorably repre- sented, as they have been for many generations (see note 2, ante, p. 194), by a large number of branches ; the Hynsons, who also have many descendants, including two families quite remote from
262 THE DAY-STAE.
each other, at Chestertown, and ia other parts of this state ; the Dunns, who are now extinct everywhere in America, so far as I can ascertain, in the male line, except the branch represented by James L. Dunn, Esq., of Reading, Pa. ; and the families of Wickes (see note top. 79, also pp. 93-94), and of Leeds — the former having removed from Kent Island, at a very early period, to Eastern-Neck Island (where also is a descendant), and at present represented by Col. Jos. "Wickes, of Chestertown, and by many other descendants — the latter also having left a large posterity in Talbot and elsewhere, related to several of the most prominent historical families of Maryland.
The Stones of Poynton Manor (see ante, p. 178), the ancestors of the signer of the Declaration of Independence, arrived in 1649 ; the forefathers of Charles Carroll, of Carrollton, another signer, about 1680 ; and the Pacas, and the Chases, a long time after the Protestant Revolution.
The ancestors of the Hon. Jas. Alfred Pearce were distinguished in the early judicial and parochial history of Cecil County. They came about 1670 ; and the Pratts (a family of planters, and the fore- fathers, I presume, of our other United States senator), about the year 1660. The latter first lived in Anne Arundel County ; and Thomas, the name of the senator, was borne by the emigrant, and by several of his immediate descendants.
A late senator, on the side of his father. General Benjamin Chambers, is a Pennsylvanian — the General, however, having before his marriage, become a resident of Chestertown, in Mary- land. And the ex-senator, who resigned his seat in 1835, inherits, upon one side of his mother's ancestry, the blood of the Bohemian, who founded the colony in 1660 ; upon another, that of the Haw-
APPENDIX, NO. I. 263
kinses, who arrived about 1655, and of the Marshes, who came as early as 1650. See p. 70, p. 81, p. 263, and p. 264.
The ancestors of the late Hon. Robert H. Goldsborougb, descend- ants of a very distinguished family of England, arrived about 1670, at Kent Island. They are now represented by the Golds- boroughs of Myrtle-Grove, of Frederick, and of many other parts of the State. The very manners of this senator illustrated the ' gentleness of his blood.
The Tilghmans of The Hermitage, represented by so many hon orable men, including the president of the constitutional conven tion of Maryland in 1774, and a chief-justice of Pennsylvania, arrived about 1655. They came from Snodland, in Kent ; and their arms are : Per f esse sa. and ar. a lion ramp, reguard; tail forked, counter changed, crowned or. The crest is a demi-lion sejant sa. crowned or. No family of Maryland has exhibited a higher proof of piety — of that piety which manifests itself, in the reverence and affection cherished for the memory of those, from whom we derive our earliest being and blood — a sentiment indeed, which forms the only foundation, either directly or through sympathy and association, of the true historical taste. They took up many tracts, including " Tilghman-and-Foxley-Grove," upon which Chestertown was subsequently founded, then held, if I mis- take not. through an intermarriage, by the Wilraers of Kent. I regret, I have not, at this moment, my memoranda before me.
The family of Hawkins, first of Poplar Island, afterwards of Queenstown ; one of them a judge of the Provincial Court, about 1700 ; another (Ernault), at a later period, the surveyor-general of the customs ; arrived from Nominy Bay about 1655 ; but came from London, several years earlier. Through the Fosters and the
264 TEE DAY-STAR.
Lowes, they were connected with the family of Lord Charles Bal- timore. They were also connected with the DeCourcys ; and> through the Marshes, are the ancestors of the Formans of Clover- Fields ; of the Tilghmans, of Hope ; and of the Chamberses, and other families, at Chestertown. And they are connected with the "Williamses, of Roxbury, through a resident of Baltimore — Eliza- beth, the daughter of Matthew, having married the late George Williams ; and left eight children, including George Hawkins Williams, of the latter city. Of John, the judge of the Provincial Court, the father of the surveyor-general, and the son of Thomas the emigrant, a very interesting memorial remains, in the pos- session of the vestry at Centreville — consisting of a large and massive piece of silver plate, in a noble state of preservation. A fragment of his son's tombstone may yet be seen, near Queen's- town ; but the date of Ernault's death can be ascertained, only by a reference to the correspondence of Elizabeth, his widow, now in the keeping of the descendants of the Hon. Thomas Hands, at Chestertown,
The Thompsons, of Cecil, subsequently of Queen Anne's and of Kent, arrived about 1665. Col. John Thompson, the emigrant, is distinguished in the history of the early treaties with the Indians upon the Delaware ; and held a great variety of offices, including that of a provincial judge at St. Mary's. He married a daughter of Augustine Herman ; and left a son bearing the bap- tismal name of the Bohemian. Augusta, Jiugusten, and Augus- tene, the names of his descendants, are but abbreviations or cor- ruptions of Augustina derived from Augustine. The Thomp- sons of Kent Island, including the clergyman, are some of the descendants of this emigrant. See also ante, p. 80. Col.
APPENDIX, NO. I. 265
/Thompson, it is not improbable, was related to the cousin of Col. Clayborne. See ante, p. 78.
The family now represented by Doct, Peregrine Wroth, of Chestertown, descendants (there is strong reason to believe) of the Wroths of Durance (a highly distinguished house), arrived about 1G70. To this gentleman I have expressed my thanks, for the interest so generously manifested, in the success of all my researches.
The Sewalls, of Mattapany-Sewall, connected with the Hon. Wm. Burgess, and with the family of Lord Chas. Baltimore, came about 1660. Henry was the name of the emigrant. From the first, they were Roman Catholics. See also ante, p. 73, and p. 169.
The Spriggs, the ancestors of the late governor, came, it seems, from Northamptonshire, about 1655. Thomas was the name of the emigrant. One of the tracts taken up by him, was called Kettering, the name of a town in that county. Northampton was another tract held by him 5 and the family seat, if I am correctly informed, for many generations.
The Taneys (the ancestors of the present chief-justice of the United States), arrived about 1660, and lived in Calvert. Michael, which runs through so many generations, was the name of the emi- grant. The noble part he played in 1689, has already been noticed. In the late ** Lives of the Chief-Justices," and also in " The Southern Quarterly Review," it is erroneously said, that he held the faith of the Roman Catholic Church. See ante, p. 92.
The Tylers, of Prince George's County, came about 1660. X Robert was the emigrant's name. They are now represented by the Tylers of that county, and of Frederick, including Saml. Tyler, of Frederick city, the author of several works, and one of the 12
266 THE DAY-STAK.
commissioners for the reform of the practice, in the courts of Maryland.
The Lowes of Talbot, and, it would seem, of St. Mary^s also — the branch in the latter county being represented by ex- governor Lowe— arrived about the year 1675. They were closely connected with the family of Lord Charles Baltimore ; and came from Denby, in Derbyshire. Their arms are : — Az. a hart trip- pant ar. And the crest is a wolf passant ar. One of the wills at Annapolis points directly toward Denby. See also Burke. And I am inclined to think, Lady Jane Baltimore was a descend- ant of the family at that place. Lord Baltimore calls Vincent Lowe his " brother."
The Claggetts of St. Leonard's Creek, ancestors of the first Anglo-Catholic bishop of Maryland, came in 1G71. Thomas, the emigrant, was the descendant, on bis father's side, of a mayor of Canterbury ; on his mother's, of Sir Thomas Adams, a lord mayor of London, and a cavalier in the reign of Charles the First. Their arms, which were admitted and confirmed in the visitation of the heralds, are impaled upon the original seal of the bishopric of Maryland. And they have various descendants, in the male as well as female line, including Doct. Claggett, of Leesburg, Va. ; Prof. Saml. Chew, and the Rev. John. H. Chew, of Maryland. Thraugh a daughter of the third Thomas from Col. Claggett, of London, they are the ancestors also of the Davises, of Moun't Hope. Their arms are : — Erm. on a /esse sa. three pheons or. For an impression from the seal of the bishopric, I beg to express my thanks to the Rt. Rev. Doct. Whittingham. See also ante, p. 99. The Addisons of Oxon-Hill, the descendants of the family in
267
Cumberland County, and represented by Doct. Edmund B. Addi- son, by Wm. Meade Addison, Esq., and by many other living gentlemen, came about the year 1678. John, the emigrant, was a privy-councillor soon after the Protestant Revolution 5 but had opposed the revolutionary party. See also ante, p. 147.
I cannot give the year, the Dorseys arrived ; but it v/as proba* bly some time before the Protestant Revolution. Col. Ed. Dorsey^
V ■ of Baltimore County (I presume, the emigrant), died about 1700,
leaving a large number of children ; and giving to his sons^ Charles, Lacon, Francis, and Edward, all his lands on the north side of the Patapsco ; to his son Samuel, a part of " Major's Choice," and his " silver-hilted sword ;" to his sons Nicholas, and Benjamin, a parf of " Long Reach," at " Elk Ridge ;" and to his son Edward, his silver tankard, silver tobacco-box, and " seal gold ring." This is now one of the most extensive families of Mary- land ; and they are probably of an English original. Col. Dorsey, I presume, was the ancestor of the ex-chief-justice.
The Darnalls, of Loudon, arrived about twenty years before the Protestant Revolution. Col. Henry Darnall, the emigrant, M'aa the son of Philip Darnall, and a kinsman of Lord Baltimore. For the part he performed, in 1G89, the reader is referred to the Nar- ratives. See ante, pp. 87-100. He resided at The Wood-Yard, in Prince George's County ; and, a later period, at Portland Manor, in Anne Arundel. He left many descendants 5 and bis tombstone is at The Wood-Yard, now (as it has been, for several generations) in the possession of the Wests ; and the most inte- resting family seat, I have yet seen, in Maryland. The vane upon the house-top, the wainscottcd wall — the other relics, and memo- rials relating to the era of the Darnalls— -are nil preserved with
>■
M$ THE DAY-STAR.
ihe most studious care. I give this testimony, witii a grateful heart. It is honorable, in the highest degree, to the taste and piety of the present proprietors. The Darnalls were Roman Catholics.
The Brents, the Neales, and other distinguished Roman Catholic families arrived before 1649 ; and are therefore not here noticed. In making selections subsequently to that year, I have confined myself chiefly to the Protestants ; for whose special benefit, the principle of religious liberty was extended, by the Act of the Assembly, to all believers in Christianity. Let the living sons of Maryland know something of the blessings enjoyed by their ances- tors, under the beneficent government of the Roman Catholic pro- prietaries.
Most of the persons, whose arrival is sketched in this Appendix, held the right, I presume, to a coat of arms. But not knowing the ■fact, I have said nothing; well assured, how many spurious escutcheons are now used in this country ; and fully aware of the danger of running into very gross mistakes.
APPENDIX, NO. n. 269
APPEJSTDIX.— JSTo. II.
See ante, p. 80 and p. 107.
SETTLEMENT UPON THE BOHEMIA.— EXTRACT FROM HERMAN'S JOURNAL.
From the extract, it seems the colonists did not arrive till 16GL But there is evidence, aliunde, that the foundation of the colony was laid in 1660.
" By letter, Sept. 18, his Lordship, in acceptance thereof, recom- mended the granting to the Honorable Philip Calvert, Esquire, then Governor — And was then supposed* the one tract to contain about 4,000 acres ; the other 1,000 acres ; good, plantable land — danger of Indians not then permitting a certain inspection, nor survey of that far-remote, then unknown wilderness.
" Whereupon, January 14, a Patent of free Denization issueth forth out of the office ; and Augustine Herman bought all the land there (hj permission of the Governor and Council) of the Susque- sahanoh Indians, then met with the great men out of the Susque- saliannoh .Fort at Spes-Uty Isle, upon a treaty of soldiers * as the old Record will testify, and thereupon took possession ; and transported his people from Manhattam, now New York, 1661, (with groat cost and charge) to inhabit." •
* In the MS. copy, this word is very indistinctly written.
270 THE DAY'STAE.
appe:^dix.— 1^0. in.
See ante, p.l52, note 1.
FAITH OF THE JURORS, IN THE CASE OF THE PISCATAWAY INDIANS.
I HAVE said, the first twelve, there is strong reason to believe, were Roman Catholics ; but I arranged them, not in conformity with the record, but simply with a view to my own convenience. The follov/ing is the or&er observed upon the record : —
Cuthbert Fenwick, foreman ; William Bretton ; Nicholas Gwyther ; John Steerman ; Edward Packer ; Richard Banks ; Philip Land ; Wm. Evans ; John Lawson ; Richard Hoskins ; William Johnson ; John Medley; Richard Willan ; Henry Adams ; Robert Cadger ; John NichoUs ; Daniel Clocker ; James Lang- worth ; John Thimbleby ; William Edwine ; John Taylor ; John Harwood ; Zachary Wade ; and Thomas Sympson.
Three of the preceding jurors had been in the Assembly of 1649.
Most of the Roman Catholics are easily distinguished by a refe- rence to their wills. See, e. g., the wills of Philip Land, and William Evans.* Richard Hoskins is the only one, of whom I enter-
APPENDIX, NO- III. 271
Xaia a doubt. But we have the best ground for the belief, that he was the same person as Richard Hotchlveys, of "The Cross/' and whose name is written in a variety of ways — a very common thing, two hundred years ago. Edward Packer, for instance, was the same, it would seem, as Edward Parker, a kinsman of Mr. Bretton. See his will. In the index to the Land Warrants, on p. 17, for Lib. No. 1, Hichard Hoskins, it appears, is spelt •' Richard Hodg key ;" on p. 622, for the same liber, " Richard Hodgkeys ;" p. 136, for Lib. No. 3, " Richard Hodskeys f ' in the oldest book of wills, ''Richard Hotchkeys ;" and, iu the index to that book, " Richard Hotchkey." It is not improbable, that Nicholas Gwyther, a thur- teenth, was also a Roman Catholic ; although I have not included him.
Four of the Protestant jurors (Messrs. Steerraan, Nichols, Clocker, and Edwin) had signed the Declaration. Capt. Banks, a fifth, had been in the Assembly of 1640 ; and it is quite evident, that Robt. Cadger was a sixth. See his will ; and the one also of his son, Robert. John Lawson, in his will, desires to be buried " according to the canon of the Church of England ;" and speaks of John Taylor, the god-father of his daughter, " Jean." It is highly probable, therefore, that Messrs, Lawson and Taylor, making a seventh and eighth, were both Protestants of the Anglo- Catholic type.
It would be unsafe to assert any thing positive, with regard to the faith of the remaining four, Messrs. Guythcr, Ilarwood, AVade, and Sympson ; though it is quite probable, Mr. HaiVood was a Protestant.
The result, then, so far as the investigation has been successful, presents twelve Roman Catholics against eight Protbstants. Nor
272 1HE DAY-STAE,
is it certain, that these eight (a point of the first importance) all lived, in St. Mary's, in 1653.
Excluding Messrs. Packer, and Hoskins, we have ten Roman Catholics against eight Protestants,
273
INDEX.
AccoMACs:— A tribe of Indians, 112. Under the Rule of the Foichatans, 112.
Act Concerning Religion, 54. Its Lead- ing Provisions, 54-67. Its Influence upon the Colonization of Maryland, 68-86, and 101-107.
AddisoxNS, of Oxon-Hill, the English county they carae from, 266; Their Arrival, 266; Their Earliest Home in Maryland, 147. The Emigrant a Privy Councillor, 267. Opposed to the Revo- lution of 1689, 267. His Posterity, 267.
Addison, Wm. Meade, Arrival of his Ancestry, 267.
Address to the Crown from the Protest- ants of Kent, 93. See also Protest- ant Revolution.
Allen, Thomas, Extracts from his Will, 236 ; Friend of Captain Banks, 236 ; Had been in the Assembly ; 227 ; Apprehensive of Violence, 236. His Children held Captive by the Indians, 236; Captain Banks's Engagement to redeem one of them, 235. Faith of Mr. Connor and Captain Banks derived from his Will, 236.
Alney, Pope, the Hangman of Walter Peake, 253; Convicted of Cow-Steal- ing, 253.
Altham, Rev. Father, 159, 160.
Anglo-Catholics: — the probable num- ber in the Assembly of 1649, 137.
Anolo-Catholics : — the Term CalhoUc applied to them, upon the Early Provincial Records, 32 and 235.
Anglo-Catuolics : — Compact between an Anglo-Catholic King and a Roman Catholic Prince, 26-34. Fidelity of the Prince, 35. HoliJ^ in the Creeds, and Catholic, upon the Provincial Records, applied to the English Church,32. "Holy Clmrnh " included
1
A.
the English Branch, 30. Illustration from the early Charters of the Eng- lish Crown, 30. Case of Lewis, 81. Case of Doctor Q-errard, 33. Chapel at St. Mary's, 32. Anglo-Catholics at Jamestown, 27. Extract from their Charter, 27. Anglo-Catholics upon Kent Island, 142. Anglo-Catholics upon South River, 72. Anglo-Catho- lics upon Patuxent,74. Anglo-Catho- lics in St. George's Hundred, 145- 148. The Probable NumSer of Anglo- Catholics in the Assembly of 1649, 137. Anglo-Catholic clergyman of St. Mary's, the first, 145, 146. Eirly Anglo-Catholic Clergymen of Kent Island, 142, 14:3. Anglo-Catholic Bishop of Maryland, the first, ances- try of, 266. His Arms, 266. Anglo- Catholic Bishop of Maryland, the third, his ancestry, 179. The settle- ment upon Kent Island the offshoot of an Anglo-Catholic Colony, 142. Early Anglo-Catholic families of St. George's, 145-146. The Wickliffes, the Cadgers, the Rlarshalls, the Addisons, and other Anglo-Catholic families of St. George's, 146-147. Earliest Deed for the Support of the Anglo-Catholic ministry, 146. The Gift of " three heifers," 146. First reference to a Parish, 146. " The Neck of Wicoco- raico," 146. Wickliffe, the organ of the Anglo-Catholics, 147. Wickliffe and Wesley, 147.
Anglo-Catholic Bishop of Maryland, the first, his ancestry, 266.
Anglo-Catholic Bishop of Maryland, the third, his ancestry, 179.
Anglo-Catholic Clergyman of Saint Mary's, the first after the landing of the Pilgrims, 145-146.
Anglo-Catholic Clergymen of Kent, the earlv, 142-143.
9^-
274
INDEX.
A.
Anglo-Catholic Bishopric of Maryland, the original arms of, 266.
Annapolis : — Erected into a port of Entry, as late as 1683, 117. A Rival upon South Kiver, T2. The govern- ment removed from St. Mary's to Annapolis, 108.
Anne Arundel County : — Original seat of the Puritans, 151. Small num- ber of estates, with the U. C. Pre- fix, 151. Home also of the Qua- kers, 151. First settlement, in 1649, 63. Greenberry's Point, the site of the first Puritan town, 68-69, and 117. The Severn, 68. James Cox, 70. Richard Bennett, Edward Lloyd, and Thomas Marsh, 69-70. The county represented as early as 1650, 70. Anglo-Catiiolics upon South Kiver,
72. William Burgess, 72. South River' Club, 73. London founded by Colonel Burgess, 73. A rival of Annapolis,
73. London and Annapolis erected into ports of entry, in 1683, 117. Fort Horn, 177. The battle-field of 1655, 177. Monumental Inscriptions upoh South ftiver, 73. Quakers upon West River, 77. The Prestons, Thomases, and Richardsons, 77. But one R. C. family, in the whole county, in 1689, 92. Opposition of the inliabi- tants to the Protestant Revolution, 92. The richest and most populous County, in 1659, 92. Contest with Calvert, respecting her boundary Line, lo6. Her position overruled by the Legislature, 106 ; but fully sustained by the Records, 107. Ma- jor's Choice, and the Hon. Thomas Marsh, 107.
Annivkrsary of the St. Tammany So- cieties, 112.
Antagonism between the State and the Ciiurch,17And 64.
Anthumpt, the Indian, Gift to Him, from Mrs. Fenwick, 216.
Armorial Bearings : — Anns of the Bur- gesses, 72 ; of the Calverts, 162 ; of the Claggetts, 2CS ; of the Kltouheads, 217; of the Hansons, 79; of the Hattoiis. 202; of the Lowes, 2.66; of the Thomases, 82; of the Tilgh- mans, 263. Armorial seals, 72, 266, 163, and 79. Arms of the Province, 163. Armsof the State, 163. Original arms of the Bishopric, 266. Presumed right of many of the early planters, 268. Danger of running into very gross mistakes, 383. )1 .-.illic lily.
A.
227. Early Practice of Carving ar* morial bearings upon plate, 120. Baltimore bird, 122. The fleur-de- lis, a favourite device of the early Roman Catholic planters, as a part of their cattle-mark, 226. Armorial Seals:— Preservation of the Seal of Colonel Burgess, 72. Original Seal of the Bishopric, 266. Seal of one of the early Hansons of Kent, 79. Seal of the Province, 163. Seal of the State, 163. Arrival of the Addisons, 267; of tha Beales, S3; of the Bennetts, 69; of the Bowies, 83; of the Brasha- ers, 84; of the Brents, 268; of the Brettons, 224; of the Brooks, 74; of the Burgesses, 261 ; of the Calverta, 168 and 171 ; of the Carrolls, 262 ; of the Causins, 84; of the Chamberses, 262 ; of the Chases, 262 ; of the Clag- getts, 266 ; of the family of Comegys, 85; of the Conners, 220; of the Con- tees, 84 . of the Darnalls, 267 ; of th» Dc Cour'cys, 83 ; of the Diniossas, 79 ; of the Dorseys, 267 ; of the Dunns, 262; of the Du Valles, 84; of the Edmonstons, 83; of the Fen wicks, 207; of the Goldsboroughs, 263; of the Greens, 181 ; of the Hansons, 79 ; of the Hattons, 200 ; of the Hawkinses, 263 ; of the Hermans, 8J; of the Hynsons, 261; of the Jarbos,84; of the Lacounts, 84; of the Lamars, 84 ; of the faiuily of Leeds, 262 ; of the Lloyds, 69 ; of the Lockermans, 85 ; of the Lowes, 266; of the Magruders, 83; of the Mannerses, 231 ; of the Marshes, 69 ; of the Maunsells,237; of the Neales, 268; of the Pacas, 262; of the Pearces, 262; of the Peakes, 247; of the Piles, 187 ; of the Pratts, 262 ; of the Prices, 183; of the Ricauds, 85; of the Richardsons, 82 ; of the Ring- golds, 261; of the Sewalls, i|65; of the Shipleys, 82 ; of the Snowdens 82; of the Spriggs, 265; of the Stones, 262 ; of the Taneys, 265 ; of tha Tettershalls, 187; of the Tho- mases, 8.:; of the Thompsons, 264; of the Tilghmans, 263 ; of the Tylers, 265; of the Vaughans, 19J ; of the 1 Family of Wickes, 26i ; of the Wil- ! kinsons, 2J4; of the Wi.rthingtons, I 83; and of the AVroihs, 265. I AscENDENCV of the Puritans, 86; their Intolerance, 86. Asskmblv- of Maryl.inl, its Early Con-
INDEX.
275
Btitution, 42-48, and 142. Its analogy to the primitive Parliament of Eng- land, 42. Contrast with the Wite7ia- gemiit, 51).
AssKMBLY of 1638, the earliest of which we have a satisfactory accounr, 211. Cuthbert Feiiwick, a raember, 211.
A.SSEMBLY of 164S, 143 and 144. Names of the Uurgesses, 144. Their Protest, 144.
ASSE.MBLY of 1649, 41-5S. Names of the Burgf-sses, 13J and 135. Their faith, 136-137, and 207-253. The Toleration Act, 54-67. Hill of Charges. 49 and 133. Act relating to the recovery of the Province, 131.
Assembly of 1650, 131-132. Names of the Burgesses, 132 Their Faith, 148. Declaratory Act, 131. Act of Recog- nition, 148. Declaration of the Pro- testant members, 71, 72.
AS3KMBLY of 16S9, 83. Report of the commissioners to the Indians, b7. Report of the committee of Secrecv, 88. Their accusation against Col'inel Darnall, and the other Roman Catho- lic Depury Governors, 89. See also Protestant Revolution.
Augusta Carolina, the Name of St. Mary's County, 47.
B.
Baltimorb, barons of, 162-170 ; George, 163-64; Cecilins, 164-168; Charles the First, 169; Benedict Leonard, 170 ; Charles the Second, 170; Frederick, 170 ; their descendants at Mount Airy, 170.
Baltimore bird, 121.
Baltimore City, its site, probably, with- in the territory of tlie Piiicatuwui/s, 111.
Baltimore county erected, 105. Settle- ment upon Bohemia River, 80. Bohe- mia Maii'ir within tlie original limits, i 106. Karliest Courts of the County! probably lield upon the Flastern Shore, ' 106. The first foot-prints of civiliza- | tion upon the Western Sliore, li)6. ' Identity of Palmer's Island with ; AVatson's, 107. Clayborne's early I trading-post, 107. Spesutia Island, I ] 07 and 269. Augustin Herman, 107. i His treaty with the Susquehannockfi, 269. Labadyists, 81, Col. Nathaniel Utye, 107. Site of Baltimore city i
within the supposed territory of tbg Piscataways, 111. The Dorseys, 267.
Baltimore, Lady Jane, wife of the Hon. Henry Sewall, 169; subsequently of Lord Cliarles Baltimore, 169 ; a sup- posed descendant of the Lowes, of Denby. 266; and the mother of the Hon.Maj. Nicholas Sewall, of Matta- pany-Sewall, 73 and 231.
Banks, Thomas, 235. Extract from his will of 1684, 235. Cntholic ap- plied to the faith of the English Church, 235.
Banks, Capt. Richard, a law-giver of 1649, 135. Hia faith, 236. His en- gagement to rediieni from captivity, the child of Thos. Allen, 235. Notice of his life, 233-236. His marriage to the widow of Mr. Secretary Hatton's brother, 233.
Battle between the Roman Catholics and the Puritans, 177-17S ; the Gover- nor wounded, 177 ; a surrender, and a court-martial, 177. Skirmish be- tween Capt. Cornwallis and Colonel Clayborne's Lieutenant, 211. Attack of Cood upon the State House, in 16S9, 91 and 97. Surrender of Col. Digges, 97. Siege of Mattapany- House, 98. Surrender of Col. Darn- all, 99.
Beales, their arrival, 83 ; one of the largest families of Maryland, 83; CU. Nitiian Beale, 83.
Bearings. See Armorial Bearings.
Bed-ciiambeks, 120 ; much attention T>aid t) the furniture. 120. See also Mrs. Fen wick's will, 215.
Bennett, Gov. Richard, his posterity, 69.
Bennett, Richard, the largest land- holder of the province, 69. Prefix of Squire, 69. His tombstone at Ben- nett's Point, 69. His ancestry, 69.
Bill of charges, at the Assembly, of 1649, 49, and 180. Per-diem of the Burgesses, 49.
Bishopric of Mil., original seal of, 266. See Armorial Bearings, and Armorial Seals.
Blo' D of Aboriginal Chiefs represented, 103.
Blood, the best Roman Catholic, de- rived by the Lloyds, and other dis- tinguished Protestant families, from the Neales, 150. See also Neales.
BOHEMiA.N. emigrants, 80 and 85.
Boundaries: — The Northern boundary of Maryland included the site of
276
INDEX.
B.
Philadelphia, 167; the Eastern, the Swedish settlements upon the Dela- ware, 167. Early boundaries of the . counties, 106. Cecil, 106. Baltimore,
106. Anne Arundel, 106. Contest between Anne Arundel and Calvert,
107. Original boundary line, 106. Major's choice, 107.
BowiKS of Prince George's, 83. The governor's ancestry probably Scotch, 83. Their arrival, 83. Their rela- tionship to the family of Wm. Bur- gess, the early Deputy-Governor, 261.
Bradnox, Capt. Thomas, a freeman, in the Assembly of 1648, 220. High sheriff of Kent, 124. The friend of Mr. Secretary Hatton, 125. Note to him from Mr. Hatton, introducing John De Courcy, 201. Could not write, 125. Tried for cattle-stealing, 124.
Brashaers, 84. Their arrival, 84. Ori- ginally from France, but directly from Va., 84. Their posterity, 84.
Brashaer, Doct., of New Market, his ancestry, 84.
Bkents, their arrival, 268. Their faith, 268. Blood of aboriginal chiefs, 108. Capt. Giles Brent's books, 216. Spirit of a Protestant Vandal, 216. Brents of Charles county, 189. Their sup- posed relationship to the Pilt-s, 189. Relationship to the Fenwicks, 218.
BKENT3 of Louisiana, supposed descend- ants of the Hon. John Pile, 189.
Bkent, Robt. James, late attorney- general, his ancestry, 189 and 218.
Bretton, William, a law-giver of 1649, 135. His faith, 226-227. Notice of his life, 224-228. His gift of a church lot, 227. His cattle-mark, 226. Fieur- de-lis, 227. Poverty of his children, 226. Application ol ever -immaculate to the Virgin Mother, 228.
Brock, Rev. Father, his arrival, 159.
Brooke, Hon. Robert, founder of the little colony upon the Patuxent, 74. Persons introduced by him, 74-75. Ancestor of the present Chief Justice of the United States, 75. President of the Provincial Council, 76. Ances- tor of the Brookes of Brooke-Grove, 75. Manor of Z>e Za .S/'00&«, 75.
Bkookks, of Brooke-Grove, their ances- try, 75.
Brookes, of Prince George's county, descendants, many of them, of the Hon. Robt. Brooke, 75.
Brookes, of De la Brcoke. See Hon. Robt. Brooke.
Browne, Richard, a law-giver of 1649, 135. Notice of his life, 229-230. His faith and identity involved in doubt, 229-230.
Burgesses of 1643, 1649, and 1650:— Their names, faith, &c. See Assem- bly. The democratic element, 42. A distinct branch of the Assembly in 1649, 140.
Burgess, Hon. Wm., a leading colonist, upon South River, 72. His armorial bearings, 72. Founder of London, 73. A Deputy-Governor, 73. His epitaph, 73. Large number of emi- grants introduced by him, 261. His Posterity, 261.
Burgesses, of South River, 71-74, and 261. Their armorial bearings, 72. Ancestry of the Burgesses of West- phalia, and of the Sewalls, the Da- vises, and the Bowies, 261.
Burgesses, of Westphalia. See Hon. Wm. Burgess, and Burgesses of South River
Cadgers, a very early Anglo- Catholic family of St. George's, 146. Their Devises, 146-147.
Calvert County, erection of, 104. Boun- dary line between Calvert and Anne Arundel, 107. Controversy, 106. Major's choice, 107. Settlement of Robt. Brooke, anterior to the erection of Calvert, 74. The Claggetts, 99 and 266. The Smiths, of St. Leonard's Creek, 98. The Taneys, 96 and 265. A Protestant County in 1689, 92. " Men of Note " opposed to the Pro- testant Revolution, 92. The PaUix- enis. 111.
Calvert, Leonard, the chief of the ori- ginal Pilgrims, 171. The first Gover- nor of the Province, 37. His death, 42, and 173. Toleration, under his Administration, 36-38. Sketch of his life and character, 171-174. His faith, 174.
Calverts. See Barons of Baltimore, and Armorial Bearings. See also Coin, and Armorial Seals. Family seats in England and in Maryland, 163, 169, and 170. Arms upon the Great. Seal, 163. See also Leonard Calvert.
Calverton, Manor of, 196. Intended for the dwelling-place of six abori- ginal nations, 196.
INDEX.
277
Canvass-back duck, 121.
Carroll, Charles, of CarroUton, arrival of his ancestry, 262.
Carroll, Henry J., children of, suppos- ed descendants of the Hon. John Pile, 189.
Cases: — Case of Lord Baltimore and the Penns, 16T; of Capt. Banks, 234; of Captain Bradnox, 124; of Robert Clarke, 197; of Colonel Clayborne (appeal to the Crown-), 166-168; of Edward Commins, the Protestant Vandal, 216; of John Cowman, the wizard, 125; of Father Fitzherbert, 55-62 ; of Doct. Gerrard, 83 and 147 ; of Robt. Holt, 153; of Martin Kirk and others, 21,6 ; of Lieut. Lewis, 31 ; of Doct. Lumbrozo, the Jew, 65-07 ; of Overzee vs. Cornwallis, 155; of the Patuxent Indians, 233 ; of Wal- ter Peake, 251 ; of John Pile, 188 ; of the Piscataway Indians, 151-152 ; of Col. Price, 184; of Richard Smith, 92-93 ; of Gov. Stone, 178 ; of Michael Taney, 92 and 104; of Thornborough m. Neal, 244 ; of Thos. Tunnell, 234 ; of Capt. Vaughan, 191 ; and of Parson Wilkinson, 153.
Catholic, the word, applied, upon the early provincial Records, to the Eng- lish Church, 32, and 235.
Cattle-stealing, 124. Case of Captain Bradnox, 124.
Causin, Hon. John M. S., iiis ancestry, 84. See also Causins.
Causins, of Causin's Manor, 84. Their arrival, 84. Name of the emigrant, 246. Marriage of his widow to the Hon. Robt. Clarke, 199. A trustee for the Roman Catholic Missionaries, i 246. I
Cecil County, erected, 105. Its early j boundary, 106. Bohemia Manor, ' 105. See also Baltimore County, and ; Augustine Herman ; and the Pearces, the Thompsons, and the Hermans. l
Cecilius, the proprietary, sketch of his life and character, 162-170. A law- \ giver of 1649, 134. His faith, 26.
Chairs, 119. Their great scarcity, 119. ' Made of iron, 119; covered with leather, 119.
Chambers, Hon. E. F., iiis ancestry, arrival ..f, 26i.
Chapels, early provincial, 32-.34, 159, and 2'25. The first chapel, a wigwuiu, j 159, St. Mary's Ch,4.pel, a token of the concord between the Ant:lican and the Roman Catholic, 34. .St. ig- I
natius's Chapel, founded by a Roman Catholic law-giver of 1649, 225-228.
Charles, the Second, of England, pro- clamation in favor of, 256-257.
Charles the First, and Charles the Second, of Maryland. See Barons of Baltimore.
Charles County, upon thfe Patuxent, erected in 1650, 75. See also Robt. Brooke, and Calvert County. ^Char- les County upon the Potomac, 104. Large number of Estates, with the Roman Catholic mark, 150, and 250- 251. Brents of Charles County, 189. See also the Causins, the Greens, the Piles, and the Stones. Also the In- dians. Part of Prince George's ■ M rved out of Charles, 106. Charles- .Mi, in Charles, in 16S9, 105. The place of Taney's imprisonment, 105. Charleston, the first seat of Prince George's county, 118.
Charleston, 118. Its early foundation, 118. Its site, 118. The original seat of Prince George's County, 118. The place of Michael Taney's and Rich. Smitii's imprisonment, 105. In Char- les County, daring the year 1689, 106.
Charters, American Colonial, their his- torical relation to the one given to Lord Baltimore, 27-28.
Charters, early, of the English Crown, 27-31. The light they shed upon the Charter given to the'proprietary, 27- 31.
Charter for Maryland, a compact be- tween a member of the English and a disciple of the Roman Church, 26.
Charter for Virgina, taken away before the date of Lord Baltimore's, 168.
Chases, their arrival, 262.
Chesapeakes, their dwelling-place, 109. Number of their warriors, 109. Ruled by the Powluitanis, 109. See also Indians.
Chew, Prof. Saml., his Anglo-Catholic ancestry, 266.
Cuoptanks, 111. Descendants of the Katikdrdivoakx, 111. See also /?i- diiins.
Chopticons desire to put themselves under the proprietary's protection, 196.
Chuisteson, Winlock ; and other minis- ters, in the Society of Friends, 78. Bequest of Doct. Sharpe, 7S. See also Quakers.
Christianity, 15-20.
Church, meaning of, upon the provln-
278
INDEX.
cial records, when used by itself, 232.
Church Holt, definition of. See Holy Ciiurch, and Words.
CiDRiR, a favorite drinlc, 120.
Claggett, Capt. Thomas, ancestor of the firs'-, Anglo-Catholic Bishop of Maryland, 99. A Protestant, 92 ; but oppoi^ed to the Revolution of 1689, 92 and 99.
Claggrtt, Doct., of Leesburg, his early Angio-Catholic ancestry, 266.
Claggetts, their arrival, 266. Posi- tion of the emigrant, upon the Revo- lution of 16S9, 92. Arms of his family, 265. Impaled upon the seal of a bishopric, 266; but previously confirmed in the visitations, 266. Col. Edward Claggett, and Sir Thomas Adams, 266. Ancestor of the firsX Anglican bishop of Md., 266. Pos- terity of Capt. Claggett, 266.
Claim of the Roman Catholics, 12S-161.
Clarke, Hon. Robt., a law-giver of 1649, 135. Surveyor-general of the province, 195. Mis faith, 197. Pos- terity, 19S-199. His sufferings during the ascendency of the Puritans, 197. Steward of the manor of Calverton, 196. Copy-hold tenants, 196.
Clayborne, Col. Wm., his settlement upon Kent Island, 43. The first within the limits of Md., 46. His con- test with Lord Baltimore, 166. His claim, 166-16S. His settlement upon Watson'.s Island, 78. The first upon the Western shore, and within the ori- ginal limits of Baltimore County, 107. Supposed settlement upon Sharp's Island, 78. Settlement upon Poplar Island, 78. A cousin of Col. Clay- borne, 78.
Coffee, its great scarcity, 120,
Coin, proprietary's, 119.
CoMEGYS, the family of, their arrival, 85.
Commander, office of, 191. Its great* dignity, i92. Power given to an early commander, to select his-councillors, 192.
Compact between an Anglo-Catholic king and a Roman Catholic prince, 26. Fidelity of the latter, 35.
CO.SCORDAT, 26-S4.
Cokkedekacy. See Indians,
CosNEK, Phiiip. a law-giver of 1649, 135. His faith, 221. and 236. Commander of the county of Kent, 221. Sketch of his life and ciiaracter, 23;)--'2;3. His posterity, 222-2?3.
C.
CoNTES, John, of Java, his ancestry, 84.
CoNTEES, of Prince George's County, 84. Connected with the family of Gov. Seymour, 84. Residence at Barn- staple, 84. John Contee, of Java, 84.
Convicts, 117.
CuoDE, John, a leader, in the Revolu- tion of 1689, 98.
Copley, Rev Father, 158 and 159. Gift from Governor Green, 182. Gift from Thos. Hebden, 246.
CORNWALLis, Capt. Thomas, one of the noblest spirits in the band of the ori- ginal emigrants, 209. The patron of Cuthbert Fenwic'k, 209. His estates, with the R. C. prefix, 250. His manor- house, 209. His skirmish with Col. Clayborne's Lieutenant, 211.
Costume, glimpse of a provincial gen- tleman's, about 1650, 123. Of a lady's, at the same period, 215-216.
COUNA-WEZA, the Piscataway Indian, tried, convicted, and executed, 151.
Councillors of the Commander, 192. Their office analogous to that of the privy councillors, 192.
Councillors, privy, 116. The early germ of a nobility, 116.
Counties erected, between 1649 and 16S9, 102-105.
Courts: — 1. The Provincial Court was analogous to tlie Court of King's Bench, 116 ; and the original of the present Court of Appeals, 116. The lord proprietary and the privy coun- cillors sat upon its bench, 116. 2. The County Court, 116. Its early original, 212. Jurisdiction of ita judges, 116. The judges taken from the gentlemen, 116. 3. Court-baron and Court-leet, 115. See also Manors. Also Freeholders, and Suitors,
Cox, James, the speaker of the Assem- bly, in 1650, 70. A Puritan, ,70. A signer of the Protestant Declaration, 70.
Currency, 118-119. Penke, 112 and 119. Hoanoke, 112 and 119. The coin of the lord proprietary, 119. Specimens, 119. English and Euro- pean coin, 118, Tobacco, the com- Mion currency, 119. Its value, 119,
Cuthbert, the prelate, and saint, 213. His corpse, 213. His shrine, 213. St. Cuthbert's cross, 213.
INDEX.
279
7"
Darnall, Col. Henry, Deputj' Governor, in 1689, 96. Overthrow of the Go- vernment, 87-100. His narrative, 96-11)0. Arrival at London, 100.
Darxalls, their arrival, and faith, 267.
Kinsmen of Lord Baltimore, 267.
Uol. Henry Darnall, 87-100, and 267.
Place of his touibstone, 267. Early
•ifaniily seats, 267.
Davises, of Mount Hope, their ancestry, 261, and 266. Their arrival, 261.
Declaration, Protestant, 71-72.
De Courcy, John, introduced by the Hon Thos. Hatton, 201. Note of in- troduction to Capt. Bradnox, 201.
De CouRCV, Hon. Henry, 113-114. His letter to Lord Baltimore, 56-57. The Signer of an Address to the Crown, 95. An Opponent of the Protestant Revolution, 94. A master of the whole Aboriginal diplomacy, 95. His xliplomatic services, 113. His faith, 95, and 115. A cavalier, 115. Inte- resting character of our negotiations with the Iroquois, 113.
Dk CouRCrs, of Cheston, probably from Ireland, 83. Their claim to the old Anglo-Norman barony, 95, and 114. Higii social rank, at the period of their arrival, 2()1 and 114.
De Courcvs, of JMy-Lord's-Gift, 114.
Dk La Brooke, the Manor of, 75. Upon the Patuxent, 75. The seat of a little colony, 75. Held by the Brookes, 75.
Dkla wares, 112. St. Tammany, their great chief; 112. Osenies, and other tribes of -Maryland, representatives of the same race, 112. Honors paid to SL Tammatiy, 112. St. Tammany Societies, 112. May celebrations, 112. Hall of St. Tarn man?/, 112.
DiGGES, Col., a Deputy Governor, in 1689, 96-100. Attack upon the State House, 97. Surrender, 97.
DiNiosSAS, arrival of, 79.
DrNiOsSA, Governor Ale.xander, 79.
DiNNKK-K.NivES, their scarcity, 12L).
DoRCHKSTER County, erected, 105. 'OKSEYS, arrival of, 267. Will of Col. Dorsey, 267. Supposed ancestor of a Chief Justice of ■Md., 267.
DtTN.NS, their early arrival, 262. One of Uie i)rominent families of Kent, 261. Now represented, in the male line, by a gentleman of Pa., 262.
DUTCU settlement upon the Delaware, 78. Refugees in Maryland, 79. Gov Alexander Diniossa, 79. The fa n,i ies
of Coraegys, and Lockerman, 85.
Claim of the Dutch, 167. Du Valle, Judge of the U. S. Supreme
Court, his ancestry, 84. Du Vallbs, their arrival, 84.
E.
Eagle, 122.
Eden, Gov. Robt., 170.
EU.MONSTONS, their arrival, 83. Their
posterity, 83. Eltonheads, of Eltonhead, 215. Their relationship to the Fenwicks, of Fen- wick Manor, 209 and 215. Their arms, 217. A Privy Councillor of Md., 215. A Master of the English High Court of Chancery, 215. Eltonhead, the Hon. \Vm., a Privy Councillor, 215. A Rom;in Catholic, 178. Shot in cold blood by the Puri- tans, 178 and 216. The enmity of Martin Kirke, 216. Eltonhead, Edward, a Master of the English High Court of Chancery, 215. Relationship to the Eltonheads, of Eltonhead, 215. English Emigrants, 81, and 261-268. Era of Roman Catholic toleration, 254. Spirit which distinguishes it, 254-259. Estates, large nuniber of, with the Pre- fix ftr St , 25). Names of many • tracts, 25:)-251. Names of the ori- I ginal Ilomau Catholic proprietors,
250-251. 1 Evans, Col. Wm., a Roman Catholic, 227 and 24). His cattle-mark, 227. i The guardian of Mr. John Maunsell's I son, 241). The g id- father of Mary j Maunsell, 24). Fleur-de-lis, 227. ' Ever-Immaculate, the application of, to ! the Blessed Virgin, upon the Provin- cial Records, as early as 1661, 223.
F.
Palciiion, 123.
Famm.iks, provincial : —The Cadgers, 146; the Davises, 261 and 266; the Eltonheads, 215; the Formans, 70 and 264; the Lachlans,83; the Mar- shalls, 146; the family of Nichols, 70; the Smiths, of St. Leonard's Creek, 99 ; the Smyths, of Trumpington, 92 ; the Spaldings, 218; the Wests, 268; the Wickliffes, 146. and tho Wjlmers, •2'U. See al-to Arrivals.
INDEX.
P.
Pbather, worn by the early cavaliers of the Province, 123.
Fenwick, Cuthbert, one of the Pilgrims of 1634, 207 ; and a law-giver of 1649, 135. Sketch of his life, 2'17-215. His faith, 213-214. The leading member of the Lower House, in 1649, 212. The attorney of Captain Cornwallis, in the Assembly, 210. Plundered by Ingle, 210. A large pos- terity, 217. Representatives at the Bar, in the Army, in the Senate, in the Priesthood, and in the Hierarchy, 2a7 and 217-219.
Fenwicks, of Fenwick Manor, 217.
Fenwjck, Ignatius, his ancestry, 218.
Fenwick, Athanasius, his ancestry, 218.
Fenwick, James, his ancestry, 218.
Fenwick, the Reverend John, his ances- try, 218 ; uncle of the Bishop of Cin- cinnati, 218.
Fenwick, Rev. Enoch, his ancestry, 218 ; President of Georgetown Col- lege, 218.
Fenwick, Rev. Prof. George, his ances- try, 218; brother of the Bishop of Boston, 218.
Fenwick, Rt. Rev. Benedict, Bishop of Boston, his ancestry, 218.
Fenwick, Rt. Rev. Edward, Bishop of Cincinnati, 218.
Fenwicks, of Cole's Creek, 211.
Fenwicks, of Cherry-Fields, 2l7.
Fenwicks, of Pomonkey, 217.
Fenwicks, of Kentucky, 217.
Fenwicks, of the South, 217.
Fenwick, Mrs. Jane, the wife of Cuth- bert Fenwick, 214. Her will, 215- 216. Articles of a lady's dress, in 1660,215.
Ferries, 122. Early ones erected by the Government, and kept by the most respectable colonists, 122.
Ferret, Rev. Father, 159.
Feudal polity, 115.
Figs, 121.
Finger-rings, much worn by the early gentry of Maryland, 124; frequently given in their wills, 124,
Fisher, Rev. Father, 159.
Fitzherbert, Father, his case, 54-62.
Fondness for law-suits, mingled with a veneration for judicial authority, a characteristic of our ancestry, 154.
Forks, 120. Our ancestors dined with- out them, 120. Their late introduc- tion into general society, 120.
FoRMANS, of Clover-fields, and of Rose- Hill, 70 and 264.
\
Forms, much used by our early fore- fathers, 119.
Forts :— 1. Fort Kent, 44. 2. Fort Cray- ford, 44. 3. St. Inigo's,183. 4. Sus- quehannah Fort, 269. 5. St. Mary's Fort, 32. 6. Fort Horn, its site, 177, Supposed battle-field between the Roman Catholics and Puritans in 1655, 177.
Fox, the chief of the Quakers, 76. Preaches, in the Province, 76, Pow- erful effects, 77.
Frederick County carved out of Prince George's, 106, Erected in 1748, 106. The Brashaers, 84. The Darnalls, 267. The Davises, 261 and 266. The Goldsboroughs,263. The Lowes, 266. The Richardsons, 77 and 82. The Shipleys, 82. The Taneys, 265. The Tylers, 26^266.
Freeholders, 117,
French emigrants, 84-85. The Bra- shaers, Causins, Contees, Du Valles, Jarbos, Lacounts, Lamars, and Ri- cauds, 84,
Friends. See Quakers.
Gentleman, 116. A large class in Mary- land, 116, County Court judges taken from them, 116.
Gerrard, Doct. Thos., a Roman Catho- lic, 33 and 58. A privy councillor, 56. Lord of St. Clement's Manor, 33 and 158. His non-compliance with the Rev. Father Fitzherbert's requisi- tion, 58. His cattle-mark, 227. Fleur- de-lis, 227. His estates with the R. C. prefix, 250, See also Cases.
Goldsborough, Hon. Robt. H., arrival of his ancestry, 263. Ancstry of the Goldsboroughs of Myrtle-Grove, and of other families, 263. Blood of Abo- riginal Chiefs, 108.
Goldsboroughs, of Myrtle-Grove, 263,
GooKiNS, Cfipt. Daniel, 151.
Govern.ment, frame-work of, 115-117,
Grep;n, Gov. Tliomas, a law-giver of 1649, 134. A Privy Councillor, 134, His proclamation in faV'r of Charles the Second, ISl and 256. Notice of his life, and family, 181-182, His faith, 182. Sympathy with the royal family, ISI. A representative of the Roman Catholic sentiment, 257.
Greens, of Green's Inheritance, ances- try of, 1S2.
Growth of a great idea, 23, and 26-86.
INDEX.
281
H.
H.
Hanson, Col. Hanse, 79. His posterity, T9. Arms upon the seal of a near descendant, 79.
Hansons, of Kent, their ancestry, 79.
Hardwick, Lord Chancellor, his deci- sion of the case between the proprie- taries, 167. Virtual settlement of the Controversy, 167.
Harford, Henry, the Lord Proprietary, 170.
Hat-band, 123. Gold hat-band worn, by the early cavaliers of Maryland, 123.
Hatton, Hon. Thomas, 200. Secretary of the Province, 135, and 202. A Privy Councillor, 135. Clothed with the powers of a Governor, 203. At- torney-General, 202. A law-giver of 1649, 135. His death at the battle near the Severn, 204. His life, and character, 200-205. His faith, 204. Family, 200 and 205.
Hattcn, Richard, the brother of the Secretary, 200. Arrival of his wife and children, 201.
Hatton, Sir Christopher, 200.
Hatton, Sir Thomas, 201.
Hatton, Sir Robt., 201.
Hattons, of London, their arms, 202.
Hattons, of Piscataway, their ancestry, 206. Relationship to the Hon. Thos. Hatton, 206.
Hattons, their connexion with the family of Capt. Banks, 233 ; and with the first Anglo-Catholic Clergyman, 204.
Hawkins, arrival of the family of, 263. Their various family seats, 263. Two of its most distinguished members, 263. Interesting memorial of a judge of the Provincial Court, 204. A com- missioner to the Indians in 16S9, 83. Indirectly connected with the family of Lord Baltimore, 264. Connected with the WiJliamses, of Roxbury, 264. A large posterity, 264.
llEiD-cu)TU£3. See Mrs. Fenwick'a Will.
HEBDEN,Thos., his gift to the R. C. Mis- sionaries, 246. His Deposition, 121.
Hempstkad, Hon. Mrs., her ancestry, 83.
Hermans, of Bohemia Manor, their pos- terity, 81 and 264.
Herman, Augustine, a native of Prague,
85; distinguished in the early history
of NewYork, 80. His Treaty with the
Susguchannoc/cs, 107 and 269. Settle-
. n'ect upou Bohemia River, SO. A
little colony from New York, 80 and 269. His Map, 80-81. Original lord of Bohemia Manor, SO. His posterity, 81 and 264.
HiGHAHWixoNS desire to put themselves under the proprietary's protection, 196.
History, charm of External, 19. Illus- trations from Islamism, from Chris- tianity, and from Toleration, 19-24.
Holt, Robert, his case. See Cases.
Holy Church, definition of, 30 and 55. See also the case of Father Fitzher- bert, 61.
Honor due to the Roman Catholic free- men of Md., 160-161.
Honorable applied to the Privy Coun- cillors, and the judges of the Provin- cial Court, 186.
Hood. See Mrs. Fenwick's Will.
Hundreds. See St. Mary's County.
Hynson, Thes., ancestor of the Hyn- sons of Kent, and foreman of the Grand Jury, in the cases of Wilkin- son and Holt, 153.
Hynsons, 261. Their early arrival, 261. One of the distinguished families of Kent, 261-262. Large number of descendants, 262,
Ideas, the visible influence of, 21. II- ' lustrated m the history of American Colonization, 22. Secret of the dig- nity which belongs to the early epoch of American histoiy, 22. The settle- luent at St. Mary's, a striking case, 22.
Indians, upon the Chesapeake, and its tributaries, 108-114, and 196. Their friendly relations with the colonists, 103. Treaties of the Lord Proprietary with the Indians, 166. The Ohesa- peakes, 108. The Yoacomicos, 109. The Mdtapenks, 110. The Acco7nacs, 112. The Poiokatnns, 109 and 112. The PatioxenU, 111. Tlie Piscata- ways. 111. The SunquehannockHy
110. Tlie Ozenies, 111. Tlie 7bc/fc- whoghs. 111. The Mattdpnnienta, 169 and 196. Kuskaratooaks, 111. The Iroquois AIS. The Ckoptanka,
111. The NanticoJcfiS, 111. The WicomocoM, 196. The Lamascon-
sons, 196. The IligJuthwixona, 196. The Chopticons, 196. The Dela- tcares, 112. St. Tammany, 112. Pone, hominy, and other words de-
282
INDEX.
rived from the Indians, 122. Lega- cies of Mrs. Fenvvick to the Indians, 216. Trial of the Piseatawdys, 152. Acquittal of the P<ituxenis, 283. Iniiiat) name for St. Mary's, 4S. In- dian name for Piiiiadelphia., 166. Two Indian arrows pledged by the Proprietary to the Crown, 115. In- dian half-breeds, 108. The blood of Aboriginal Chiefs represented by tlie Goldsboroughs, and other families, 108. Murder of Rowland Williams, 212. Indian slaves, 117. Indian Money, 111 and 119. Charge of con- spiracy with the Indians, against the Roman Catholic Deputy Governors,
88. The labors of the Missionaries, 113 and 160. Treaties at Albany, 113. Susquehannah Fort, 269. Indian corn cultivated, at a very early period.
Ingle, Capt. Richard, his residence, 210. Name of his ship, 210. A I'nvi- tan pirate, 210. His robberies, 210. See also many of the Assembly-men of 1649.
Iroquois, 112— 114. Called "The Five Nations," 11.3. Also, " The Northern Indians," 113. A very warlike con- federacy, 113. Their dwelling-place, 113. Alarm of tlie colonists, 113. Our relations with the Iroqunis con- stitute a very important part of our Aboriginal History, 113. The Revo- lution of 1689, the result of a panic,
89. Treaties ut Albany with tins con- federacy, 113. Pliil.-mon Lloyd, and Henry de Courcy, 113 and 114. Tes- timonials in their favor, from the Go- vernor and the Assembly, 113.
IsLAMisM, 15 and 19.
Isle of Kent, settlement under Clay- borne, 43. Original centre of Kent County, 44. Seat of opulence and elegance >efore the American Rhvo- lution, 45. Bought of Aboriginal chiefs, 44. Under the juris iction at Jamestown, 43. A hundred of St. Mary's, 45. Elected into a County,
■ 45. Annexed 10 Talbot, now to Queen Anne's, 45. The Mill, 44. Kent Fort, 44. Kent Fort Manor, 44. Court- House, 45. Fort Crawford, 44. Rel- ics, 45. See also Anglo-Catholics ; and Assemblies.
J.
Jamestown, settlement at, 41.
J.
Jarbo, Col. John, his legacy to the Rev. Father of St. Ignatius's'Chapel, 225. ]lis relationship to the Hon. John Pile, 225. His gift to Walter Peake's daughter, 249. His deposition relat- ing to Mr. Thornborough's claim, 243. See also Arrivals.
Jarbos, their arrival, 84. See also Col. Jai'oo.
Jews. 62. Case of Doct. Lumbrozo, 65-67.
JowLES, Col., a leader in the Revolution of 1689, 90-104.
JtJRiES : — A jury of twelve Protestants, 154-155. A mixed jury, 155. Roman Catholics did not ask for a jury of their own faith, 248. A jury of twen- ty-four, in the case of the Fiscata- way Indians, 151. See also Cases.
Kent County : — See Anglo-Catholics ; and Isle of Kent. Also Arrivala •, and Col. Clayborne.
Knowledge, the present imperfect state of historical, 15-17.
KusKARAWOAKS, the great makers of peake and roanoke. 111. The mer- chants of Aboriginal .Maryland, 111. Represented by the Choptanks, and the Nanticokes, 111.
Labadyists, their faith, 81. Their dwelling-place, 81.
Labors of the early missionaries, the mo-st interesting chapter in the Abo- riginal History of Maryland, 113, and 158- 160.
Lachlans, of iMontgomery county, and of Missoui-i, tlieir ancestry, 83.
Lacounts, a French family, 84. Their arrival, 84.
La Count, Chief Justice of Kansas, his ancestry, 84.
Lamars, tiieir arrival, 84. A gallant representative, 84. .
Lamasconsons desir'i to ptit tlietnselves under the proprietary's protection, 196.
Land-titles, colonial, 115. [ Land-titles, Indian, the policy with re- gard to the purchase of them, 52 and 168.
Lawgivers of 1649, 128. Their names.
INDEX.
283
180 and 134-135. Fragment of the Journal of 1649, 130. Confirmatory extract from the Journal of 1630, 131. Documents of 1650, establishing the inference drawn from the fragment of 1649, 132-135. Per-diem of 1649, 49, and 130.
Laws. See Assemblies ; and Charters. For the Law relating to cattle-marks, see 2i6.
Learning, low state of, 125. Gentlemen make their marks, 125.
Leeds, arrival of the family, 262. A distinguished posterity, 202.
Legislative heroes, 162-253.
Letters sent by private hand, 122. - Official dispatches by a special mes- senger, 122.
Lewis, Lt. Wra., his case, 31.
Liberty, 116. Existence of practical liberty, at the foundation of the colony, 116. Early democratic ele- ment, 42. Independence of the Re- presentatives, 49 and 5 ).
Life of the Planters, 121. Specimen of more than ordinary comfort, 222. Inventory of Phil. Conner, 222. See also .Mrs. Fenwick's will ; and the whole of the Ninth Chapter.
Lloyds, originally from Wales, S1-S2. The Welsh rivers, Severn, and Wye, 82.
Lloyd, Hon. Edward, his posterity, 69.
Lloyd, Philemon, 113. Commissioner at Albany, 113. Testimonials from the Governor and the Assembly, 113. Interesting character of the treaties^ with the Iroquois^ 113.
Lloyds of Wye House, their ancestry, 69.
LocKERMANS, their arrival, 85.
London, founded by Col. Burgess, 73. Early rival of Annapolis, 73. Erect- ed, in 1633, into a port of entry, 117.
Lowes, their arrival, 260. They came from Denby, 266. Tiieir arms, 266. Close connect! m with Lord Balti- more's family, 26G.
Lowe. Hon. E. Louis, arrival of h.is an- cestry, 266.
M.
Magruders, their arrival, 83. One of
the largest families of Maryland, S3.
Will, and posterity of the emigrant,
83. Manners, George, a lawgiver of 1649,
135. Notice of his life, 231-232. His
faith, 281-232. A soldier, in the march of 1647, 231. His posterity, 232. Manors, 115. The seats of an early aristocracv, U5-117. Calverton, 196. Cornwallis's Cross, 209. De la Brooke, 75. Fenwick, 208. Kent Fort Manor, 44. St. Clement's, 33, and 241. St. Gab.-iel's, 115. Bohemia, 80. Marsh, Hon. Thomas, his posterity, 69. Major's Choice, 107. An award, 120. Signer of the Treaty with the Smqtie- harinock'i. 111. A member of the council, 70. Marsh's Creek, the original boundary line of Calvert, 107. Its identity with Fishing, 107. Marshalls, of St. George's, 146. Martin, Capt. Nicholas, a representa- tive from the Isle of Kent, at James- town, 46. Maryland, her name derived from a Roman CatlioHc Queen, 150. Origi- nally a feudal principalitv, 42, and 116.' Her Patron Saint, 226. Her guardian angels, 226 Her Roman i Catholic gentry, 116-117. See also ! the Cal verts ; Cornwallis ; the Neales ; j and other families. See also Maners. I The Cradle of Religious Liberty. 37.
Mash, Sa-ah, h^er identity with the widow i of the Hon. Thos. Marsh, 73. A Minis- j^ ter, in the Society of Friends, 000. U. Bequest of Doctor Sharpe, 78. I Matapeakes. 45 and 110. [.Matthews, Doct. Thos., of St. Inigo's I 132. His faith, 227. Cattle-mark, i 227. Giftto the son of Walter Peake, 219. Elected in 1650, 1-32. Succeeded by Mr. Fen wick, 132. Estates with the R. C. prefix, 250. Mattapanients, one of the most friendly • tribes, 169. Their dwelling-place, the store-house of the Missions, 169. The residence of l.,ord (Charles Baltimore, 169. The home of the Sewalls, 169. Mattapany-house, the residence of the Sewalls, 169 ; and of Lord Charles Biltimo'e, 169. The (rovernment House, 169. Tlie siege, and surrender, 99. Maltnsell, John, his life. 237-241. His faith, 238-241. Col. Wm. Kvans, the guardian of his son, and the god- father of Mary Maunsell, 240. May, Hon. Mrs., the ancestry of, 114. Melons, 121.
Mitchel, Mrs., ancestry of, 114. MoNDMKNTAL Re.mains ; — Epitaph of an
284
INDEX.
M.
early Deputy Governor, 73. See also St. Cuthbert; Colonel Darnall; the family of Hawkins ; and the Bennetts.
Morals of our ancestry, 127.
Mormons, 62.
Mount Airy, the home of the Calverts, 170.
N.
Nanticokes, 111. Descendants of the Kuskarmcoaks, 111. Punished for the murder of Rowland Williams, of Accomac, 212. The march against them, in 1647, 231.
Napkins, freely used by our forefathers, 120.
Neales :— Their faith, 268. Their arri- val, 268. Capt. James Neale, the ancestor of the second archbishop of Baltimore, 243. His gift to Mr. Thornborough, 244. A favorite.of the English crown, 150. Natives of Spain, 85. Henrietta Maria, 150. Blood of the Neales inherited by the Lloyds, and by other distinguished Protestant families, 150.
Neale, Most Reverend. See Neales.
Negro Slaves, 117. Their early intro- duction, 117.
New- Yarmouth, its site, 118, and 194.. Its founder, 194. The seat of Kent County, 194.
Nkw York:— The Iroquois, 113. The Swedes, 78, and 167. The Dutch, 79, and 167. St. Tammany''s Hall, 112. A little colony from Manhattan, 80, and 269. See also Augustine Her- man.
Nichols, the family at Derby, their an- cestry, 70.
Nobility, the early germ of, 116.
Opposition of the Roman Catholics to
the political party represented by the
Puritans, 256. Oysters, 121. OzRNiES, 111. Their dwelling-place
upon the Chester, 111. Their affinity
with the Delawares, 112.
Pacas, their arrival, 262.
Palmer's Island, 78. Its identity with
Watson's 107. The first foot-print of civilization upon the western shore, 106. Settlement under Colonel Clay- borne, 78.
Patuxents; — Their territory bounded on one side by the Piscataways, 111. Large number of little nations and tribes. 111. Their friendship for the colonists. 111. They propose to put themselves under the proprietary's protection, 196. Five Patuxents tried and acquitted, 233.
Patuxent, settlement upon, 74-75. Pro- bably Anglo-Catholic, 74. Founded by the Hon. Robt. Brooke, 74.
Peake, a species of Aboriginal currency, 111, and 119.
Peake, Walter, his life, faith, trial, exe- cution, posterity, &c., 247-253.
Peakes, the time of their arrival, 247. The posterity of Walter Peake, 249.
Pearce, Hon. Jas. Alfred, arrival of his ancestry, 262. Distinguished in the early history of Cecil, 262.
Pennsylvania :— Our boundary includ- ed Philadelphia, 167. Indian name for that city, lb6. Tediousness of the controversy with the Penns, 167. Lord Hardwick's decision, 167. See also New York. Baltimore & Penn, 166.
Pile, Hon. John, 186. A Privy Coun- cillor of 1649, 135. His faith, 188. Notice of his life and family, 186- 189. Related to the Tettershatls, and to the Jarbos, 187. Ancestor, it is supposed, of the Brents of Louisiana, and the Carrolls of St. Mary's, 189. His posterity, 189.
Pilgrims of Maryland: — The year of their arrival, 22. They brought with them the germ of religious liberty, 37. The Ark, 37. The Dove, 87.
Piscataways : — Title of their most pro- minent chief. 111. Boundaries of their dominion. 111. Their territory probably embraced the sites of Wash- ington and Baltimore, 111. Pisca- taway half-breeds, 108. The chiefs submit their gravest questions to the proprietary, as their patriarch, 165. Murders upon the plantation of Capt. Gookins, 151. Trial of Skigh- tam-mough and Couna-weza, 151. Wtreosse, the emperor, 151. A trial jury of twenty-four, 152. Large num- ber of Roman Catholic Jurors, 152, and 270.
Plantations, the most striking feature
INDEX.
285
upon the face of our early provincial Bociety, 118. Harly Courts and Coun- cils held upon thera, 113. The seats also of trade, 118. Tlieir town-like appearance, 118.
Plantkrs, the merchants of the prov- ince, 118. Descendants of the old aristocracy of England, 126.
Plymouth, settlement at, 41.
PocosoN, the word derived from the In- dians, 122.
Pomegranates, 121.
Pone, the word derived from the In- dians, 122.
Poplar Island, settlement upon, under Col. Clayborne's auspicesj as early as 1636, 78.
il'OPULATioN : — Population of Kent, in 1649, 145 ; of St. Mary's, 14.5. Popu-
i lation of the Province, in 1649, 145. Its population, in 1699, 103. Ratio, in 1649, of the Protestant to the Ro- rran Catholic colonists, 147-148.
Possessions of our forefathers, their lands and servants, flocks and herds, 2-32. See also Life of the Planters.
Post, «i22.
Potato, derived from the Indians, 122. The word also borrowed from them, 122.
Powhatans :— Number of the nations under their sway, 109. Their domin- ion upon the banks of the Patuxent, 109. The AtiC07nacs included within their territory, 112. See also Cliesa- peakes.
Pratt, Hon. Thomas G., arrival, and residence of his supposed ancestry, 262.
Price, Col. John, a lawgiver of 1649, 134. A Privy Councillor, 134. His faith, 184. Could not write, 51. A soldier, 183. Service in the contest with Ingle, 183. March against the Eastern Shore Indians, 231. Ilis high character, 184. Notice of his life and family, 183-185.
Prince George's County, erected 1695, 106. Carved out of Calvert and Charles, 106. Charleston, its original seat, 113. New-Scotland, 82. The Addisons, 267. The Beales, 83. The Bowies, 83. The Brashaers, 84. The Brookes, 75. The Burgesses, 261 The Calverts, 170. The Claggetts.
266. The Contees, 84. The Darnalls
267. The Davises, 261. The Dinios- sas, 79. The Du Valles, 84. The Edmonstons, 83. The Hattons, 206.
Tir.e Lamars, 84. The Magruders, 83. The Tracts, 262. The Sewalls, 265. The Shlpleys, 82, The Snow- dens, 82. The Spriggs, 265. The Tettershalls, 187. The Tylers, 265. And the Wests, 268. See also Indians.
Printikg-Press, 122.
Privy Codncillors, 116.
Proprietary's Coin, 119.
Protestant Declaration. See Decla» ration.
Protestant Revolution, 87-100.
Protestants, ratio of, to Roman Catho- lics, in the Province, during the year 1649, 147.
Protestants, in the Assembly of 1649, 137. Anglo-Catholics, 137.
Provincial Courts. See Courts.
Provincial Families. See Families.
Provincial towns : — The first Puritan town, 69, and 177. London founded by Col. Burgess, 73. Early rival of Annapolis, 73. London erected into a port of entry, 117. Annapolis erected into a port of entry, 117. Becomes the seat of the Provincial government, 108. New Yarmouth founded by Major Ringgold, 194. Its site, 117. York, 117. See also St. Mary's City; and Piantationa.
Pulton, Rev. Father, 159.
Punch, a favorite drink, 120.
Puritans :— Their arrival, 68. Their first town, 69. Greenberry's Point, and the Severn, 69. Gov. Bennett, Hon. Edward Lloyd, and Hon. Tho- mas Marsh, 69. Puritans represented in the Assembly of 16iO, 70. The Puritan speaker, 70. The ascenden- cy of the Puritans, a period of intol- erance, 86.
Q.
Quakers :— Their arrival, 76. Their peculiar relation to the government, 63. Refusal to take the oath of sub- mission, 63. Their case examined, 63 and 65. The exaggeration of his- torians, 65 and 78. In 1659, in a le- gal proceeding, a Quaker aflSrmed, 67. George Fox, 76. He preaches, in the province, 77. Ilis j)owerful el- oquence, 77. Rapid growth of the communion, 77. Names of the preachers, in 1672, 78. Respectabil- ity of the Friends, 65 and 77. Doct.
*» Peter Sharpe, 77. Interesting ex- tract from his will, 73. The Sharpes,
286
INDEX.
\ the Preston s, and other prominent ^Quaker families, 65, and 77. The Cliflfs of Culvert. 77. West River, 77. The Cho])tanli, 77. Sharpe's Islaml, 78. Wi(io\7 of the Hon. Thomas Marsh, 78.
QuKKN Anne's County, 45. The Ben- netts, 69. The Coiiners, 222. The l)e Courcys, 114. The Formans, 70. The Goldsboroushs, 263. TJie family of Hawkins, 26-3. The Thompsons 264. The Tilgtiraans, 263. See also Isle of Kent.
RiCAUDS, of Kent, their arrival, 84.
RiCAUD, Hon. Jas. B., his ancestry, 84.
RiCHARDSONS, of West River, 82. A branch at Eutaw-Place, 82. TheirN arrival. 82. A Quaker family, 77.
RiGBiE, Rev. Father, 159.
RiNGGOLDS, 261. One of the old and leading families of Md., 194. Their arrival, 261. Founders of New-Yar- mouth, 194. Their relationship to the family of Capt. Vaughan, the Privy Councillor, 198, Distinguished, for the period of two centuries, at every epoch, in our history, 194.
Ringgold, Thomas, foreman of the trial jury, in the cases of Robt. Holt, and Parson Wilkinson, 153.
Roanoke, a species of Aboriginal cur- rency, 111, and 119.
Roman Catholics:— Compact between an Anjrlo-Caiholic King, and a Roman Catholic Prince, 26. The arrival of Roman Catholic Missionaries, 158- 159. Their labors constitute the most interesting part of our Aboriginal History, 113, and 158. The seed of Religious Liberty planted by the Pil- grims at St. Rlary's, 37. Honor due to the first Roman Catholic proprie- tary, 34, and 162-168; to the first Roman Catholic Governor, 36-38, and 171-174 ; to the Roman Catholic Assembly of 1649, 53; and to the Roman Catholic freemen of the Pro- vince, 160. St. Mary's County, the home of the Roman Catholics, 149. Roman Catholic hundieds, 157. Ratio of the Protestant to the Roman Catho lie population of the Province, at the period of the Assembly, 148. Spirit which distinguishes the era of Roman
Catholic Toleration, 254-259. Ovef- throwof the Roman Catholic proprie- tary in 16=9, 87-100.
Sack, a favorite drink, 120.
Sacrosancta, its use by the Latin
fathers, 54. Sackosancta Dei et Vera Christiana Relioio, its meaning, 27, 54-56.
Saint. See Estates; and St. Mary's County.
St. Ignatius, the patron saint of Mary- land, 226.
St. Mary, the Virgin Mother, applica- tion to her, upon the early Provincial Records, of the terra ever-immacu' late, 228.
St. Mary's City: — The first provincial capital, 43. Named in honor of the Virgin Mother, 48. Founded upon the site of an Aboriginal Vill-ige, 47. The Chapel, 32. The Port, 82. The State House, 117. Siege of 16S9, 97. Surrender of the State House, 97. Seizui'e of the Records, 97. Fall of St. Mary's, 108. A slirine, 48.
St. Mary's County : — The country of the Y<tocomicos, 46. The treaty, 46-47. Subsequently called Augusta -Caro- lina, 47. The home of the Roman Catholics, 149. Roman Catholic hun- dreds, and manors, 158. The seat of a Roman Catholic mission, 15S. See also St. Mary's City ; and Estates with the Roman Catholic prefix. Also Arrivals ; the Lives of the early law- givers ; and Provincial Families.
Salisbury, the family seat of the Piles, 186.
Scarf. See will of Mrs. Fenwick.
Scotch Emigrants, 82. The Beales, Bowies, Edmonstons, and Magruders, 83. See also Prince George's County.
Seals. See Armorial Seals.
Secretary, ofiice of, one of great dig- nity, 203.
Servitude, three kinds of, 117.
Sewall, Hon. Henry, the ancestor of the Sewalls of Mattapany-Sewall. 169, and 265. A Privy Councillor, 169.
Sewall, Hon. Maj. Nicholas, step-son of Lord Charles Baltimore, 72, and 261. Son-in-law of the Hon. Wm. Burgess, 72, and 261. A Deputy Governor in 16S9, 96-100, Overthrovf 1 of the Government, 99. Vindicated
INDEX.
m
S.
tiEfain-it the charge of a couspiracy, 87-100.
Sewai.ls, of Mattapnnv-Sewall, their
~ ancestry, 261, and 265. 'I'heh- rela- tionship to the Burgesses, 73, and 261 ; and to the Calverts, 169.
Shakamaxox, Indian name for a part of Piiiladelpliia, 166.
Sharpe's Island, originally called Clay- ^ ' borne's, 78. A settlement probably under Col. Clayborne, 78.
Shiplkvs, of Anne Arundel, and other Cimiities, 82. A branch, at Enfield Chase, 82. Their arrival, 82.
Signet-ring, one of the articles of a ])rovincial gentleman, 12-3.
Silver-plate, 12.>. Its richness and massiveness, 120. Much of it kept by our ancestors, 120. They carved upon it the arms of their own fore- fathers, 12;).
Shigh-tam-mough, a Piscataway Indian, tried, convicted, and executed, 151.
Smith, Mrs. Barbara, wife of Richard, 9=». Her narrative, 90-93. Her ar- rival at London, 93.
Smith, Richard, ancestor of the Smiths of St. Leonard's Creek, and of the Dalanys, and Addisons, 99. Con- necteil witii the family of Somerset, 93. Opposed to tlie Revolution of 1639, 93. A brave and generous spirit, 98. His imprisonment, 90-93 anil 100.
Smyth, Hon. Thog., opposed to the Rev- olution of 1689, 92. A signer of the Address to the Crown, from the County of Kent, 95. Ancestor of the Smyths of Trumpington, and of Clies- tertown, 92. A Protestant, 95.
Snowdens, of Prince George's, and of other counties, 82.
Somkrset County erected, 105.
Spalding, Rt. Rev. Martin J., bishop of Louisville, his relationship to the Fenwicks of St. Mary's, 218.
Spanish Emigrants, 85. Cliildren of Capt, Neale, 85.
Spesutia Island, 107. Herman's trea- ty, 107, and 269.
Spriggs, arrival of, 265. Their proba- ble family seat in England, 265. The relationship of the emigrant to Gov. AVin. Stone, 175. Foreman of the JiM-y, in the case of Walter Peake, 251. Ancestor of Gov. Sprigg. 265.
Starkie, Rev. Father, 159, A legacy given him, 214.
S.
State of Societt, 103-127.
StoN'.;s, 262. Gov. \Vm. Sfone's life, 175-179. President of the Privy Council, at the Assembly of 1649, 134. Year of his arrival, 176. Hia kinsmen at London, 175-176. Rela- tionship to the ancestor of Gov. Sprigg, 175. .\ncestor of the Stones of Poynton Manor, 173-179 ; of the third Anglican Bishop of Md., 179 ; of a signer of the Declaration, 179; of a member of the Convention of 1783, 180; of a Governor of the State, 180; and of a Commissioner for tiie reform of the practice, in the Courts, 130.
Stone, William, the Governor in 1649, 42. Sketch of his life, character, and family, 175-180. See also Stones.
Stone, Frederick, the Commissioner, his ancestry, 180.
Stove, Rt. Rev. Wm. M., his ancestry, 179.
Stone, Thomas, the Signer of the Decla- I'ation of Independence, his ancestry, 179.
Stone, John, a Governor of Md., his ancestry, 180.
Stone, Michael Jenifer, member of the Convention of 17S8, his ancestry, 180.
Stools much used by our forefathers, 119.
Sugar, its occasional use, 120.
Soitors, 117. See also Manors.
Survevor General, an officer of much dignity, 135. Usually sat in the Council, 135.
SusQUEHANNOCKS : — A powerful Confed- eracy, 110. Chief dwelling-place, 110. Wide extent of their conquests, 110. They invade the YoitconiicoH, upon the St. Mary's, 47 and 110. Their noble figure, Ho. Kindness to Cai)t. Smith, 110. Their treatii-s with Mary'and, 111. Signers of the treaty in 1652, 111. Territory ceded. 111. Treaty with Herman, 111 and 269. They absorb tlie Toc.kickoghs, 111. Susquehannah Fort, 269.
SwEDfcS, their settlement upon the De- laware, 78. A fond remembrance of their fatherland, 79. Refugees in Maryland, 79. Col. Hanse Hanson, 79. His posterity, 79. Natives of Sweden in Maryland, 85. Claim of the Swedes upon the Delaware, 167.
288
INDEX.
Taffeta. See Mrs. Fenwick's will. Taney, Michael, high sheriff of Calvert,
96. Ancestor of the Chief Justice,
97. Opposition to the revolutionary party of 16S9, 101. His imprisonment, 103. Attitude before the Assembly, 93, and 104. His letter to Mrs. Smith, 100.
Taneys, their arrival, 265. Faith of the emigrant, 265.
Taney, Hon. Roger Brooke, his ances- try, 75, and 265.
Tables, their early shape, 120.
Talbot, Deputy Governor, 251.
Talbot County, erected, 105. York, 118. The Goldsboroughs. 263. The family of Leeds, 262. The Lloyds, 69. The Lockermans, 85. The Lowes, 266. The Tilghmans, of Hope, 264.
Tea, its great scarcity, 120.
Tbttbrshalls, their English family seat, 187. Related to the Piles, 187. Resi- dence in Prince George's County, 187. Related to the Jarbos, 187. William Tettershall's legacy to one of the missionaries, 225.
"The Ark," 37.
•' The Dove," 37.
Thomases, of Anne Arundel, and other Counties, 82. Their arrival", 82. Their arms engraved upon a gold-headed cane, handed down to the present generation, 82. Their identity with those of a well-known Welsh family, 82. A distinguished posterity, 82. An early and prominent Quaker family, 77.
Thomas, Philip Evan, (first president of the B. & 0. Railroad,) his ancestry, 82.
Thompson, Rev. John A., ancestry of, 264.
Thompsons, 264. Their arrival, 264. Descendants of the Hermans, of Bohemia Manor, 264. Colonel John Thompson, 264. The name of -<lwfirws- tina, 264.
Thornborodgh, Thomas, 242. Sketch of his life, 242-246. Mr. Neale's plan- tation, 242-244. Mr. Thornborough's supposed faith, 244-245. His proba- ble relationship to the ancestor of an archbishop, 246, Tilghmans, 263, Their arrival, 263. Their coat of arms, 263. English family seat, 263. Chief family seat in Maryland, 263. Distinguished representatives, 263. Original pro-
T.
prietors of the site of ChestertOWB*^ 263. Tilghmans, of Hope, 264. |
Tobacco, 122. The common currency, of the province, 119. The great pro*' duct, 122. The large trade in it, 12SL' A source of revenue to the EngUl^ Crown, 122, ti
TocKWHOGHS, their seat upon the Sasaki fras. 111. A ferocious tribe, 111, Probably absorbed by the Susquehan* nocks. 111.
Toleration, not yet defined, 18 and 2S, The past, 23. The future, 23. Tha pride of a Marylander, 24. The toleration secured by the charter, 26. Toleration under the first Governor, 36. Toleration implied by the ofiScial oath, 39. Passage of the Toleration Act, 52-53. Provisions of the Act, 54- 64. Its influence upon the coloniza- tion of Maryland, 68.
Towns. See Provincial Towns.
Trade : — See Currency ; Plantations ; Tobacco ; and Towns.
Travelling, 122.
Treaties of Lord Baltimore with the Indians, 166,
Tdnnell, Thomas, his discharge, 234.
Tylers, their arrival, 265. Name of the emigrant, 265, His posterity, 265- 266.
Tyler, Sam!., arrival of his ancestry, 265-266.
U.
Utte, CoL Nathaniel, a pioneer, lOT. Spesutia Island, 107.
V.
Vaughan, Capt. Robert, a lawgiver of 1649, 135, A Privy Councillor, 135. Commander of the Isle of Kent, 191. His faith, 190, Posterity, 193-194, Relationship to the Ringgolds, 194. Fidelity during Ingle's rebellion, 191. Notice of his life, 390-194.
Vine- Yards, 121.
Virginia :— The Accomacs, 112. The Chesapeakes, 109 . The Powhatans, 109 and 112. Settlement at James- town, 41. An Anglo-Catholic colony, 27. Extract from the charter, 27, Kind reception of Capt, Smith by the Susquehannocks, during his explo-
INDEX.
289
w.
ration of the Chesapeake, 110. Ma- ryland embraced within the original limits of "Virginia, 168. The charter for the latter taken away before the^ date of the one for Maryland, 168. Settlement upon Kent Island, 43. Off-shoot of an Anglo-Catholic colo- ny, 142. Kent Island represented by Capt. Martin, in the Assembly, at Jamestown, 46. Cattle-stealing, 124. Arrival of the Puritans from Va., 68. Gov. Stone's residence there, 175. Gov. Bennett, 69. See also Isle of Kent; and Col. Clayborne. Punish- ment of the Nanticokes, 212.
Wainscotted Walls, 123. Much ad- mired, 120. Specimens still preserv- ed, 120.
Welsh emigrants, 81-82. The Lloyds, Richardsons, Shipleys, Snowdens, and Thomases, 81-82. See also Lloyds.
Wests, 267. Their family seat, 267. Preservation of relics, 268.
White, Rev. Father, 159-160. "The Apostle of Maryland," 159.
WiCKKS, Col. Joseph, arrival of his an- cestry, 262.
WiCKES, arrival of the family of, 262. One of the most distinguished of Kent, 262. The aflfection of the em- igrant for a young Swede, 79. Mis testimony ngr.inst the revolutionists of 1689, 93-94. His posterity, 262. He sign.s an Address to the English Crown, 95. Chief Justice of the County Court, 93. His faith, 93-95.
WiCKLiFFES, of St. George's, 146-147.
WiCKLIKFE AND WeSLEY, 147.
WicoMicKs, march against, 231, and 232. Col. Price, and Mr. Manners, 231.
WicoMOCONS desire to put themselves under the proprietary's protection, 196.
Wigwam, the first chapel, 159.
Wild Grape-vine, 121.
W[l,D Strawbekry, 121.
Wilkinson, Hev. \Vm., the first Anglo- Catholic clergyman of St. Mary's, 145 and 2U4. His arrival, 204. Arri- val of his family, 204. Marriage of his daughter to a nephew of Mr. Sec-
W.
retary Hatton, 204. His residence in St. George's Hundred, 146. His occupations, 146. His indictment, 153. A Protestant jury, 155.
WiLCiAMS, George Hawkins, his ances- try, 264.
Wills of our Ancestry :— Their histor- ical value, 156. The best key to their faith, deep domestic affection, and piety, 156. Ratio of Protestant to R. Catholic wills, in the whole prov- ince, anterior to 1650, 157. See also Finger-rings ; Mrs. Fenwick's Will ; and many others.
WiLMEKSof Kent, 263.
Witchcraft in Maryland, 125. Cases of Mary Lee, and John Cowman, 125.
Wood-Yard, the home of the Darnalls, subsequently of the Wests, 268. Pre- servation of relics, 268.
Words : — Derivation of Ifitchel, 50. Meaning of Micel-getheaht, and of Witena-gemot, 50-51. Pone, and other words derived from the Indians, 122. Catholic applied, upon the ear- ly provincial Records, to the English Church, 32 and 235 ; and ever iinma- ciddte, to the Virgin Mother, 228. The meaning of Church, when used by itself, 197-198, and 232. IIolij Church, in the early Acts of the As- sembly, included the E glish as well as the Roman branch, 31. It subse- quently embraced all believers in Christ's Divinity, 55 and 61. SaorO' sancta, in the Latin fathers, 54. Sa- cromncta Dei et vera Christiana 7'eUgio, in the Charter, 27 and 56. Honorable given to Privy Council- lors, and Judges of the Provincial Court, 186.
WoRTHiNGTONS, 88-84. Their early pos- sessions upon the Severn, and upon the Patapsco, 84. Will of the emi- grant, 84.
Wroths, their arrival, 265. Their pre- sumed descent from a highly distin- guished English family, 265.
Wroth, Mrs. Catharine, her ancestry. 79.
Wroth, Doct. P., his ancestry, 265.
Y.
YoACOMicos :— Their dwelling-place up- on the St. Mary's, 109. Invaded by
13
290
INDEX.
Y.
the SusQuehaniiocks, 47 and 110. Their country, by the Pilgrims, call- ed Augusta-Carolina, 47. Village of Yoacomico, 4S. Tlie Site of St. Ma-
ry's City, 47, Treaty with Gov. Cal- vert, 46-47, and 166. Kind reception given, by the Yo.aeomicoa, to the Pilgriujs of Maryland, 46-47 and 109.
THE END.
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