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THE DAY-STAB.
THE
DAY-STAR
OF
AMERICAN FREEDOM;
OR
THE BIRTH AND EARLY GROWTH
OP
TOLERATION,
THE PROVINCE OF MARYLAND
WITH
A SKETCH OF THE COLONIZATION UPON THE CHESAPEAKE AND ITS TRIBUTARIES,
PRECEDING THE REMOVAL OF THE GOVERNMENT FROM ST. MARY'S TO ANNAPOLIS ;
AND
A Glimpse of the Numbers and General State of Society, of the Religion
and Legislation, of the Life and Manners of the Men, who Worshipped
in the Wilderness, at the First Rude Altar of Liberty.
BY GEORGE LYM-UCHLAN DAVIS,
OF THE BAR OF BALTIMORE.
NEW YORK:
C. SCEIBNEE, 145, NASSAU STREET.
185.5.
Entered according to Act of Congresa, in the year 1855, by
GEO. LYNN-LACHLAN DAVIS,
[n the Clerk's Office of the U. S. District Court, for the District of Maryland.
v» •■•,. Ti\<..\ -Ti.'ltKOTYI'KK.
i.l ... R[V:l i I, a Co., pkim ^ ES.
DEDICATED
TO
THE STATE
Kal yap i) narplc dpxv rig foti rrjq tKciGrov yevfaeuc;, 6oTzep nal
6 7rarr/p. — Porphyry.
.... T?} tov Qeov diarayrj . . . — St, Paul.
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
English State-Paper Office.
For the sake of brevity, I will generally omit the
depository. The two Records designated by A. 13.
& H., and by Q., can be consulted, in the Land
Office. Where the " No." of the Liber is simply given,
the citation has been made from the same office. The
"Laws," and "Judgments" belong to the Court of
Appeals ; and are kept, either in the Hall, or in the
Armory. In all other cases, the nature of the subject
will indicate the place, from which the paper is taken.
The Index, which has aided me, in sketching the Revo-
Vlll rREFACE. .
lution of 1689, was presented to our Historical Society.
It is the gift of my generous countryman, Mr. Peabody,
of London : and the kev to a rich store-house of docu-
7 J
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 Uppcr-
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 iu the communication of
important facts and suggestions, but also iu the loan of
valuable private mauuscripts. I may here venture to
PREFACE. IX
individualize the Hon. John Carroll Le Grand, Saml.
Tyler, Esq., Prof. Evert M. Topping, Win. Meade Addi-
son, Esq., Prof. Saml. Chew, Hon. E. Louis Lowe, Doct.
Peregrine Wroth, Rev. Saml. R. Gordon, Jas. E. Barroll,
Esq., Prof. George Fenwick, and Genl. Thos. F. Bowie.
And there are a few personal friends not named in this
Preface, nor confined altogether to my own sex, whose
companionship has occasionally lightened my labor ;
whose bright sympathies have shed a sun-shine over the
heart, in the hour of toilsome solitude ; whose aid, and
whose many kind offices, will be sweetly, and sincerely
remembered.
CONTENTS.
-4^-
CHAPTER I.
PAGE
Toleration— Its Logical Relations — Its History cannot yet
be Properly Written, 15
CHAPTER II.
The Visible Influence of Ideas— The Charm of External
History — Illustrations from Islamism, from Christianity,
and from Toleration, .19
CHAPTER III.
The Toleration Secured by the Charter for Maryland, . . 26
CHAPTER IV.
The Toleration under the First Governor, .... 36
CHAPTER V.
The Toleration Implied by the Official Oath, ... 39
CHAPTER VI.
The Assembly of 1649 — Kent, and St. Mary's Represented —
Sketch of their Early History — Passage of the Tolera-
'lion Act. 41
Xll CONTENTS.
PAGE
CHAPTER VII.
"The Act Concerning Religon," 54
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 Society, from 1634 to 1689, 108
CHAPTER X.
The Law-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 .
Maryland, 14?
CONTENTS Xlll
PAGB
CHAPTER XV.
Cecelius, the Lord Proprietary— His Life, Character, and
Family, 1C2
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.
PA6B
CHAPTER XXVI. . *
Mr. William Bretton, 224
CHAPTER XXVII.
Mr. Richard Browne, 229
CHAPTER XXVIII.
Mr. George Manners, 231
CHAPTER XXIX.
Capt. Richard Banks, 2
CHAPTER XXX.
Mr. John Maunsell, . . . . . . . .237
CHAPTER XXXI.
Mr. Thomas Thornborough, .... . 242
CHAPTER XXXII.
Mr. Walter P^ake, 247
CHAPTER XXXIII.
Conclusion, 254
APPENDIX.
No. I. — Emigrants from England, .... 2G1
" II. — Settlement upon the Bohemia, . . . 2G9
" III. — Faith of the Jurors, in the case of the Pisca-
taway Indians, ... . . 270
THE DAY-STAR.
-«♦>-
CHAPTER I.
Toleration — Its Logical Relations — Its History cannot yet be
properly written.
The march of the mind is slow. Of Islamism,
the faith for twelve centuries of a fifth part of the
whole human race, no real history, it is sad to
think, has ever been written ; and the most 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
it is vain to hope, in the present state of know-
ledge, for a satisfactory history of Toleration.
1G TTTE DAY-STAR.
Notwithstanding a regard for the rights of con-
science, the laws of our own nation have always
evinced a greater sympathy for the Christian than
for any other form of belief; while no government
has existed without some kind of religious theory ;
nor has any state, in modern times, at periods even
of the wildest anarchy, gone far enough to deny
its own ethical nature, or reject that element which
constitutes the ground-work and condition of its
being.
The Church of no Christian country, on the
other hand, is prepared, either upon the Protestant,
or upon any other basis, to acknowledge the
supremacy of the State, or surrender 1 the jurisdic-
tion it exercises over questions of faith and ethics
— questions, which touch the very heart of
humanity, and connect us with the invisible world ;
but work, at the same time, such deep changes in
states and empires — having occasioned more
1 The English Church may be oppressed, or enslaved. But it is
a great mistake to suppose she has ever acknowledged the 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 See of Exeter.
ANTAGONISM. 17
bloodshed, since the martyrdom of St. Stephen (to
say nothing of the church controversy, which now,
alas ! involves the European nations in a fresh
conflict) than any of the subjects, which ever
engage the attention either of kings or of courts,
of cabinets or of parliaments.
The antagonism between the State and the
Church, under the existing order of things, may
not, indeed, be observed by the ordinary eye. It
may apparently sleep, for a season, or for a 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 DAY-6TAE.
man will be called upon to endure), it will be
impossible to find tlie central-point involved in the
great problem of Toleration ; or to grasp it, in all
its highest logico-historical relations.
1SLAMISM. 19
CHAPTER II.
The Visible Influence of Ideas — The Charm of External History-
Illustrations from Islamism, from Christianity, and from Tolera-
tion
Yet Islamism has undoubtedly a meaning. Of
its external history, do we also know something.
Amid the fiery sands and deserts of Arabia, a
thought strikes the mind of a man. To him, it is a
vision ; to us, a small cloud upon the horizon, 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 ; the grandest and boldest embodiment,
(however imperfect,) we have so far witnessed, of
the identity (if I may tread upon forbidden ground 1 )
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 ! j)erplexing, 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 wdiich 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-
1 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.
CHRISTIANITY. 21
sical, intellectual, and other powers of the civilized
world. From the Crusades to the present, from
childhood to hoary age, over the dream of the 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
Nights," 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 DAT-STAE.
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 ; oy 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 1631.
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
IDEALITY. 98
£<J
become an oak ; the fountain a majestic river.
Though it seems to be but half developed (for
Toleration is yet without a strict definition, or a
symbol), it has already, under a variety of shapes,
but all of them substantially the same, become an
active element in the religious and political life of
a great and colossal confederacy. Judging from
the past, it is destined to occupy a still wider field,
to over-run other countries, to revolutionize distant
nations, and to achieve a greater, a more glorious
conquest over the human mind. If we may speak
from its visible results, it would be but just to say,
its career has so far been bright and hopeful.
"Viewing it from the Anglo-American side, from
the popular theory of religious liberty, we cannot
feel too grateful for the blessings, it has conferred ;
for the prospect, it presents to other portions of
humanity. Its developments, indeed, I cannot
give ; its history, in the proper sense, I cannot
write ; for that involves relations of a logical sort,
which no one living can state upon any of the
received hypotheses either of Europe, or of Ame-
rica. But we have much information respecting
its external history ; something also will I tell of
24 THE DAT-STAR.
its origin arid 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 problems which
now engross the attention of the nation. "Who
were the originators of the idea? and what was
their faith ? are but two of the questions I am so
often asked. Addressed by respectable persons,
tortured w r ith 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
chamber, from the dry and dusty records, from the
living oracles of the past, I will now address the
millions of my countrymen.
26 THE DAY-STAR.
CHAPTER HI.
The Toleration Secured by the Charter for Maryland.
The charter 1 was a compact between a member
of the English, and a disciple of the Roman
church ; between an Anglo-Catholic king and a
Roman Catholic prince; between Charles the
First of England, and Cecilins, 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 qnite 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
1 The Charter was given in 1632. There is a copy in Bacon's
Laws, in Bozman's Maryland, and in Hazard's Collections.
THE CONCOKDAT. 2^
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
Euglish king, and resembling a clause in the first
charter for the Anglo- Catholic colony of Virginia 2
1 The words in the English copy (see Sec. 22 of the Charter) are
" God's holy and true Christian religion ;" in the Latin (see Bacon
and Hazard), " Sacrosancta Dei et vera Christiana religio." To
Mr. Brantz Mayer (see his Calvert and Penn) is due the credit of
pointing out a grammatical inaccuracy in the English translation.
We are indebted to Mr. S. F. Streeter also (see his Maryland Two
Hundred Years Ago) for a learned note of a subsequent date.
The former's translation is, " God's holy rights, and the true
Christian religion ;" the latter's, " the holy service of God, and
true Christian religion ;" and my own, " the most sacred things
of God, and the true Christian religion." Mr. Mayer, indeed, sug-
gests, in a note, the agreement of " sacrosancta " with "negotia ;"
and gives no sufficient reason, it strikes me, for substituting
" rights " for " things." See his text, p. 28. The substitute is too
narrow ; and I cannot, therefore, adopt it.
3 In the Charter of 1G0G occur, "the true word and service of
God and Christian faith 5" in the one of 1C09, " the true worship
of God and Christian religion ;" and in the orders of 1G19 and
28 THE DAY-STAR.
— but, in a grant to the Roman Catholic proprie-
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. 1 It
is not less in harmony with the supposition of
King Charles's regard for the rights of his Anglo-
Catholic brethren, who subsequently came to St.
1G20, " the true religion and service of God." These expressions
clearly refer to the religion of the English Church in a strictly
exclusive sense. See Henning's Collection, and the preceding
publication of Mr. Streeter, pp. 71-76. " The true Christian faith,
now professed in the Church of England," is a clause in the letters
patent to Sir Walter Raleigh. See Streeter, p. 73. See also, in
Streeter, the Charters to Sir Edmund Plowden for New Albion,
and to Sir Ferdinando Gorges for Maine. "Worship and religion
of Christ." in the 4th sec. of the Maryland Charter, doubtless refers
to the English Church.
1 Tho Virginia Charter of 1G09 virtually excluded the Roman
Catholics ; so did the one for New England to Fernando Gorges
and other persons, in 1G21. See Streeter. Other cases could be
cited.
THE CONCORDAT. 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 Eoman
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. 1 These words were clearly taken from the
1 The Act of 1639 declares that, " Holy Church, -within this pro-
vince, shall have all her rights and liberties ;" the one of 104:0,
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-STAR.
great charters of tlie 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 Homan church. 2 We will
1639 says, " Holy Church, within this province, shall have all her
rights, liberties, and immunities, safe, whole, and inviolable in all
things.''
1 The Charter of King John stipulates that the English Church
" shall be free, and shall have her whole rights and her liberties
inviolable ;" the first one of Henry the Third, that she shall " be
free/' and " have her whole rights and liberties inviolable ;" the
second of the same king, that " she shall be free," and " have her
whole rights and her liberties inviolable ;" the third, that she
" shall be free, and shall have her whole rights and her liberties
inviolable ;" and the first of Edward the First, that she " shall be
free," and " have her whole rights and liberties inviolable."
2 It is surprising to think, how some of our historians have been
embarrassed in the attempt to interpret the two acts of the
Assembly. The close resemblance of our early legislation to the
charters I have cited does not seem to have occurred to Chalmers,
Hawks, Allen, and many others. Jf 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. C»mpare, for
instance, the oath of the Frivy Councillor, in 1648, to " delay or
deny right" to "none," with the fortieth section of that charter.
THE CONCOKDAT. 31
see that " Holy Church" was used, at a subsequent
period, in a much more comprehensive sense.
But neither in the early English charters, nor in
the two preceding acts of the Assembly, did the
words secure anything but the rights of the
Anglican, and of the Roman Catholic. In the
case of Lieut. 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 section of the charter has, indeed, been called a statute.
And the law of 1639, including the section relating to the Church,
may be regarded as a series of acts partaking of the nature of a
Magna Charta. Certain it is, that, in the Charter of King John,
"Holy Church" occurs in a sense distinct from "Holy Roman
Church," as well as from " English Church." It can bear but one
interpretation. Both in the early charters, and in the acts of our
Assembly, it clearly includes the Anglican not less than the
Roman Catholics.
1 The case of Lewis has so often been published (see, e. g., Boz-
irtan, vol. 2, pp. 83-85, and 596-598), that it is necessary only to
add, the proclamation of Governor Calvert prohibited " all unsea-
32 THE DAY-STAR.
was the test of an Anglo-Catholic's rights, under
the earliest practice of the government. Such
was the doctrine in the case which has been cited ;
such the opinion of Mr. Secretary Lewger, a
justice of the Supreme Court; and such the
decision of Leonard Calvert, the lieutenant gene-
ral or governor, and the chief justice of the pro-
vince. " Holy" as well as " Catholic" we know
also, is used in creeds common to the English and
to the Roman church. And " Catholic " is a term
not unfrecjuently applied, upon the provincial
records, to the Church of England. 1 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 disputatious, in point of religion, tending to the disturb-
ance of the public peace and quiet of the colony, and to the
opening of faction in religion." See 2 Bozman, p. 83.
1 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 oue of Thos. Banks,
in 1684, Lib. G., p. 126.
THE CONCOKDAT. 33
given by 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 promi-
nent Roman Catholic, 1 and upon the ground of
some claim, if we may judge from an expression
in the decision against him. In the proposal, about
the same year, for a transfer of the premises to
Lord Baltimore (an arrangement not immediately,
if ever at all, effected), another Roman Catholic
gentleman was the ostensible owner or represen-
tative of the title. And there is evidence to show,
that at a very early period, the graveyard was the
usual burial-place of the Roman Catholics. 2 Some
also of the colonists, who held land, under Doctor
Gerrard, as the lord of St. Clement's Manor, as
1 See the case of Thos. Gerrard, in 2 Bozrnan, pp. 199-200.
* Such, it seems, was the fact, from the will of Johu Lloyd, of
St. Mary's — a Roman Catholic, who expressed the wish to be
interred "in ye ordinary burying-place, in St. Mary's chapel-
yard." See his will of 1658, in Lib. S., 1658 to 1662, Judgments,
pp. 74-75.
2*
3tt THE DAY-STAR.
well as the Doctor's wife, 1 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 2
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,
1 The case of the Eev. Francis Fitzherbert develops the faith
of Doctor Gerrard and his wife.
2 My theory respecting the object and ownership of the chapel,
is by no means essential to the support of the interpretation given
to the charter. But under every aspect, it is, in itself, highly
probable. And I suggest it as one of the evidences that the 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. 2C3, and C27-G28.
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 DAY-STAR.
CHAPTEK IV.
The Toleration under the first Governor.
Such is the meaning of the charter historically
interpreted ; and such the earliest principle and
practice of the government — freedom to the Angli-
can and freedom to the Roman 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 TOLERATION IN 1634. 37
Christ. And the grant of this freedom is that
which has placed the proprietary among the first
law-reformers of the world, and Maryland in
advance of every State upon the continent. Our
ancestors had seen the evils of intolerance ; they
had tasted the bitter cup of persecution. Happy
is he whose moral sense has not been corrupted by
bigotry, whose heart is not hardened by 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 — Proscription of none. 1 Religious
liberty was a vital part of the earliest common-
law of the province.
1 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.
Mi\ 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 1650, also contains evi-
dence independently of that, which relates to the Act of 1649.
THE OFFICIAL OATH. 39
CHAPTER Y.
Toleration Implied in the Official Oath.
At the date of the charter, Toleration existed in
the heart of the proprietary. And it appeared, in
the earliest administration of the affairs of the
province. But an oath was soon prepared by him,
including a pledge from the governor and the
privy counsellors, " directly or indirectly," to
" trouble, molest, or discountenance " no " person
whatever," in the province, " professing to believe
in Jesus Christ." Its date is still an open question
— some writers supposing it was imposed in 1637 ;
and others, in 1648. I am inclined to think the
oath of the latter was but " an augmented edition" 1
1 See Brantz Mayer's "Calvert and Penn," 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-STAE.
of the one in the former year. The grant of the
charter marks the era of a special Toleration. But
the earliest practice of the government presents
the first ; the official oath, the second ; the action
of the Assembly in 1649, the third, and, to advo-
cates of a republican government, the most impor-
tant phasis, in the history of the general Tolera-
tion. The oath of 1648 is worthy of attention, in
another particular. It contained a special pledge,
in favor of the Roman Catholics — a feature, which
might have been deemed requisite, in consideration
of the fact, that the proprietary had appointed a
Protestant gentleman ' for the post of lieutenant-
general, or governor. Some also of the privy
counsellors were of the same faith.
1 This view is confirmed by Langford, and accepted by Streeter,
who certainly manifests no partiality for the proprietary.
ASSEMBLY OF 1649. 41
CHAPTER YL
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, 1
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 Virginia. The
members of the Assembly at St. Mary's met in a
spirit of moderation but seldom the characteristic
of a dominant party. The province was at peace
with the aboriginal tribes within its limits. The
unhappy contest with Col. Win. Clayborne had
1 The Assembly met about the 14th of April, according to the
present calendar, or the 2d of that month, Old Style. For the
Julian, or Old Style, see 2 Bozman. p. 384.
42 THE DAY-STAR.
been virtually terminated ; the rebellions of Capt.
Richard Ingle, and other Protestant enemies,
effectively suppressed ; the reins of government
recovered ; and the principles of order once more
established. Governor Calvert, the chief of the
Maryland Pilgrims, after a trying, but heroic, and
honorable administration, had died, amid the
prayers and blessings of his friends, without a
stain upon his memory. Thos. Green had, also,
for a short period, been the governor. And the
principal key of authority was then held by Capt.
¥m, 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. 1 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-
1 The Assembly was sometimes called " Parliament." See the
Records ; also 2 Bosman, p. 185, note.
KENT. 43
•
gates were sent by Kent and by St. Mary's, the
only two counties at that time within the limits of
the principality ; the former upon the east, the
latter upon the west side of " The Great Bay."
And while there is no reason for asserting the
want of harmony upon the business of this Assem-
bly, it is a remarkable fact, that for more than two
centuries the most strongly marked differences
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. Clay borne, 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 ;" 3 a purchase (to quote the colonel's own
1 It is supposed by some that the island derived its name from
the birthplace of Clay borne. There were families of his name in
Westmoreland and York. But there is no trace of him in Phil-
pot's " Villare," or any other work I have seen relating to Kent.
The island, I think, was named in honor of the governor under
44 THE DAY-STAR
words) from " the kings of that country ;" * and the
original centre 2 of the county represented at St.
Mary's, though now included within the limits
■whose administration, or auspices, the settlement was founded,
and who was probably a native of the English county of Kent.
1 Boznian, vol. ii. pp. 67 and 582.
2 The seat of Clayborne's settlement was at Kent Point. There
also was the "Mill," several of which (that is, windmills) can still
be seen. There is not a single water-fall upon the island, and the
records mention the "vane," and other things, which prove the
wind was the motive power.
Near the "Mill" was Fort Kent. Fort Crayford stood near
Craney Creek, now a pond, and is frequently noticed upon the old
records at Chestertown, especially in the deeds containing the
boundary lines to tracts of land. It is not named in any of our
histories ; but the recorded evidence is as strong as that relating
to the site of the other fort.
Kent Fort Manor included 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 damascene-trees. The
KENT. 45
of Queen Anne's 1 — 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
Re volution ; 2 and represented in the Virginia
piece of a mill-stone, the fragment of an oven-lid, and a few other
relics, may now be picked up. In the examination of these inte-
resting localities, I was kindly aided by several intelligent gen-
tlemen, especially by Doctor Samuel Harper, of Easton.
There was a court-house upon the island ; the first on the east
side of the Chesapeake. It stood, I am inclined to think, upon
the eastern part of the island.
The Matapeakes are the only Indians whose residence upon the
island, or whose name can be traced. They lived at one time
near Indian Spring ; and at another, in Matapax Neck. See my
paper presented to the Md. Hist. Society.
1 The island, first of all, was under the jurisdiction of Virginia ;
then the subject of contest between Lord Baltimore and Colonel
Clayborne ; subsequently annexed as a hundred to St. Mary's ;
and next erected into a county. At a later period, it belonged to
Talbot. But before the year 1G95, it was again, though for a short
time, erected into a county.
2 See Eddis's Letters — an instructive, well-written volume —
where the reader will find an interesting sketch of a visit to the
island.
46 THE DAY-STAR.
House of Burgesses, before the settlement at St.
Mary's ; ' but, above all, distinguished as the first
focal point of Anglo-American civilization 5 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
1 " The Virginians," says Chalmers, " boasted, with their wonted
pride, that the colonists of Kent sent burgesses to their Assembly,
and were subjected to their jurisdiction, before Maryland had a
name." Nor was the boast without foundation. Their early
legislative journals (see Henning's Collection) show conclusively,
that the island was represented by Capt. Nicholas Martin.
2 The date of the settlement cannot be accurately given. The
Rev. Ethan Allen supposes it was during the year 1629. See
Allen's Maryland Toleration, p. 8.
3 The following extract will show the manner in which Gover-
nor Calvort proceeded, soon after his arrival : —
" To make his entry peaceable and safe, he thought fit to present
yc Werowance and Wisoes of the town (so they call ye chief men
of account among them), with some English cloth (such as is used
in trade with ye Indians), axes, hoes, and knives, which they
accepted very kindly, and freely gave consent to his company,
that he and they should dwell in one part of their town, and
reserve the other for themselves : and those Indians that dwelt in
that part of ye town which was allotted for ye English, freely left
them their houses and some corn that they had begun to plant.
ST. MAEY ? S. 47
which had borne the appellation of August a-
QaroKnaJ 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 same;
and thus, on ye 27th day of March, A.D. 1634, ye governor took
possession of ye place, and named ye town St. Maries.
" There was an occasion that much facilitated their treaty with
these Indians, which was this : the Susquehanocks (a warlike 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, 1635."
1 In honor, we may suppose of King Charles. Augusta was not
borne by any member of the royal family ; nor was Caroline. The
former may be regarded as an adjoctive, or epithet.
48 THE DAY-STAR.
ginal village ; 1 and which, like the river upon
which it stood, derived its beautiful name from the
Blessed Virgin ; the chief star in a constellation of
little settlements and plantations ; and for a period
of about sixty years, the provincial capital of
Maryland — a city of which nothing now remains,
deserving the dignity of ruins, and a few relics only
are preserved — the records and everything 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 expressions 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
1 Yacoraico.
BILL OF CHARGES. 49
allowed the representatives of the freemen, and
paid in their usual currency, was twenty-six pounds
of tobacco each day — a quantity equivalent to
seventy-eight pence in English, or a hundred and
fifty-six cents in American money — and intended
simply to cover the cost of " their diet," and the
" loss of their time." One member, indeed, of the
Lower House received a consideration for service,
or " trouble ;" but three others only ten pounds of
tobacco, respectively. The whole "bill of
charges," so far, at least, as regards the burgesses,
was prepared with a special reference to the
exhausted state of the province. And we may
suppose, that some of them waived a part even of
their right to the little allowance.
The members of our early provincial 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
3
50 THE DAY-STAE.
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 Assemblv to the Norwegian stranger.
1/ CD O
"Haco," says he, "yon well know how we call
this Assembly 1 — A Micel getheaht, 1 or Great
thought — 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." 2 May it not,
with a still greater truth, be affirmed, that our own
early law-givers were the representatives of a
great and sublime conception? And judging
1 From the Anglo-Saxon word, ll micel " (big), is derived our
English surname "Mitchel."
2 Palgrave's History of the Anglo-Saxons, Preface, p. 25.
THE WITENAGEMOT OF 1649. 51
from the number of wholesome laws enacted in
1649, as well as the shortness of their session (for
it did not include twenty-five days), it would
seem, the Assembly-men of this year were cer-
tainly not very fond of talking or speech-making.
It appears also, that some of them, like our Saxon
forefathers, 2 could neither read nor write. It can
be proved from the records, that two of them, at
least, were in the habit of making a signet mark. 3
But did they not leave a mark also upon the coun-
try, and upon the world? In depth and earnest-
1 " 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 'jparlement; 1 and should
our ' WitenagemotJ our ' Micel-getheaht,' ever cease to be a
'meeting of the wise/ or 'great-thought/ and become a l parle-
mentj 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." Falgravc, p. 26.
2 Some even of the Anglo-Saxon kings made their mark. It is
doubtful if William the Conqueror could write.
3 Col. John Trice, of the upper, and Mr. John Mauusell, of the
lower House : the former a Protestant, the latter a Roman
Catholic.
52 THE DAT-STAR.
ness, in real dignity and propriety, in profound
views of human nature, and in true legislative
wisdom, they were not a whit behind those earlier
law-givers, who bore the appellation of "The
^Yise," and whose bright renown has come down
to our own age. The laws of King Alfred, so
celebrated in the history of English jurisprudence,
do not excel the legislation of our own little
Assembly, during the dominion of the first 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 the age. Near
the close of the session, within the range of abo-
riginal villages, and the blaze of Indian council
fires, they took counsel, we may suppose, not only
of each other, but also of the true "Father of
Lights," and then, by a solemn act, they endorsed
that policy, which ever since has shed the bright-
est lustre upon the legislative annals of the
province.
64: THE DAY-STAR.
OHAPTEE VII.
" 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 link in the chain of
this narrative, that its leading provisions should- be
stated. The design was five-fold: — to guard by an
express penalty " the most sacred things x of God ;"
to inculcate the principle of religious decency and
order ; to establish, upon a firmer basis, the har-
mony already existing between the colonists ; to
secure, in the fullest sense, freedom as well as pro-
tection to all believers in Christianity ; 2 and to
1 " Sacrosancta " was used by the Latin fathers (see Andrews
and other authorities) for the most sacred things. And such I
take to be the sense intended in the writings of English divines
and in state papers corresponding with the date of the charter.
In this I am confirmed also by the action of the provincial legis-
lature.
2 Upon the Records of the nigh 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 in which the prisoner, a Roman Catholic priest, vindicated
his right under this leading provision of the law. It is, in many
respects, a very interesting one, and sheds a great deal of light
upon the domestic, social, and religious history of this period.
The Act of 1639 included, we have seen, the English and the
Roman Chnrch. But the one of 1G19 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 hirn 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-
tants 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
Heligio " — the former, doubtless, implying a pro-
hibition of the most wicked kind of blasphemy, as
" 2. He did use the same traitorous and rebellious practice at Newtown on the
30th of August, 165S, the people being met together for ye end aforesaid.
" 3. That, by these his traitorous and seditious practices, he hath caused several
inhabitants of this province to refuse to appear at musters ; that they shall
thereby be incapable of defending the peace and liberty of ye inhabitants of
this his lordship's province, against the attempt of foreign or homebred
enemies.
"4. That he hath rebelliously and mutinously said, that if Thos. Gerrard,
Esq. (of the council), did not come and bring his wife and children to his church,
he would come and force them to the church, contrary to a known Act of
Assembly in this province.
" Rt. Honourable — Since I writ my last to you, I have received a message
from Mrs. Gerrard, which is that Mr. Fitzherbert hath threatened 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 government of ye
country is now in your officers' hands. But I think (and I have good grounds
to think so) that it will not long continue there if such things be not remedied.
I told Mr. Fitzherbert of it, about a year since in private, and also that such
things were against the law of ye country. Yet his answer was, that he must be
ACT CONCERNING RELIGION. 57
well as tlie 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 more than by the law of any country. I do not, my
lord, thrust myself upon any business of quarrel ; but it is peace and quietness
I desire. And I hope your lordship hath no other cause but to wish the same.
And so I refer the consideration of it to you ; and remain your lordship's most
faithful servant to command, — Hen : Coursey.
" Thos. Gerrard, Esq., saith upon oath, that having conference with Mr.
Fitzherbert, as they were walking in the woods, and in his own orchard, 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 hi3 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 further 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 with those of his
3*
5S THE DAY-STAB.
mental article of revealed religion) were two of the
"most sacred" things of God. This fact accounts
for the penalty against those who were guilty of
violating the sanctity of the " Sabbath ;" or of
" cursing" God, that is denying the great doctrine
of the Athanasian creed.
2. A history is not an argument. In any other
family that were so. To which the said deponent replied, that that story was
like the other (or words to yt purpose) ; from which discourse likewise we fell
to other relating to Mr. Gerrard and the children. Mr. Fitzherbert told him,
the said deponent, that Mr. Gerrard, although he professed himself a Roman
Catholic, yet his life and conversation was not agreeable to his profession. The
said deponent asked him his reason. Mr. Fitzherbert answered, because he
brought not his wife and children to the Roman Catholic Church. Moreover,
he told him, the said deponent, that [if Mr. Gerrard would not bring his
children to his church he would force and compel him thereunto, if he
were the same in reality, that he pretended himself to be. Moreover, that if
Mr. Gerrard's life and conversation was not otherwise for the future than what
it had been formerly, he would draw his sword against him, if he made choice of
him for his father confessor, or to that effect. By the word sword this deponent
understood, that he meant the censure of ye church. But this deponent 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
take 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, his 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, either 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, maketh oath, that he went to Mrs.
Brooke's house upon a summons to a muster, the 24th oi" July last, when
Mr. Fitzherbert made a sermon. And Mr. Fitzherbert, coming forth,
demanded of them how they liked his doctrine. And further, ye said Mr. 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 same 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. He asked them how they liked his doctrine.
But he heard nobody make answer to him. The next day being Sunday, this
deponent and his wife, going to Mrs. Brooke, he met there Mr. Fitzherbert, who
asked him* again how he liked his sermon. Who answered, yt some things he
liked, and other some he did not like. Mr. Fitzherbert then asked him what
those things were he did not dike? and walked out with this deponent, when
they had a quarter of an hour's discourse. And in discourse, he gave him, this
60 THE DAY-STAR .
speak reproachfully of "The Blessed Virgin," or
of the heroic evangelists and apostolic martyrs of
the primitive church.
3. There is a striking difference between 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 Bornan Catholics
and Protestants ; to Episcopalians and Puritans ; to
Calvinists and Arminians ; and to Christians of
deponent, indifferent good satisfaction — his memory being but weak on 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. 1G5S to 16G2. Judgments
pp. 102-105.
On page 1082 is the following : —
" Then was put an information against Francis Fitzherbert, by his Lordship's
attorney-general, folio 102.
ACT CONCERNING RELIGION. 61
every other name coming within the meaning of
the Assembly. A Christian was a believer in Jesus
Christ. The belief in Christ was synonymous with
a faith in his divinity. And the recognition of
his God-head, was equivalent (such is the clear
intention of the Act) to a confession of that
article in the apostolic creed, which teaches the
great doctrine of the Trinity. The act of the
Assembly also fully explains the oath which had
been imposed upon the governor, and the privy
counsellors. And the believer enjoyed not only a
freedom but also a protection. He who " troubled,
molested, or discountenanced " him, was, according
to the law, fined for his offence.
5. From the language of the Act, as well as the
subsequent practice of the government, it is evi-
" To which Francis Fitzherbert demurred in law :
" 1. Neither denying or confessing the matter here objected, since by the
very first law of this country, Holy Church, within this province, shall have
and enjoy all her rights, liberties, and franchises, wholly and without blemish,
amongst which that of preaching and teaching is not the least. Neither
imports it what church is there meant ; since, by the true intent of the Act
concerning religion, every church professing to believe in God the Father, Son,
and Holy Ghost, i3 accounted Holy Church here.
" 2. Because, by the act entitled An Act Concerning Religion, it is provided
that no person whatsoever professing to believe in Jesus Christ shall be molested
62 THE DAY-STAR.
dent that the quiet disbeliever also was protected.
A case can easily be given. But it is enough
for the reader to look at that section of the law.
which forbids the application, in a reproachful
sense, to " any person or persons whatsoever," of
any " name or term " " relating to matter of 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 world
a " magician," or a" necromancer. A Quaker,
under the order of the government, was required
to take off his hat in court, or go immediately to
the whipping-post. The Mormon, who dignifies
polygamy with the notion of a sacrament, who
disseminates the gospel in the propagation of his
for or in respect of his or her religion, or the free exercise thereof. And
undoubtedly preaching and teaching is the free exercise of every churchman's
religion. And upon this I crave judgment.
" To the first and second point in the information put against the said Francis
Fitzherbert the" demurrer is allowed. The third point depends upon the two
first, and is dis-allowed.
" The opinion of the Board is, that it is neither rebellion nor mutiny to utter
such words as alleged in the 4lh article, if it were proved." See Lib. S. 1G58 to
1GC2, Judgments, p. 1062.
CASE OF THE QUAKERS. 63
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 the 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 by 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 THE DAY-STAE.
manifested to render them comfortable. And they
soon became a flourishing and influential denomi-
nation. Notwithstanding the imperfection which
ever marks human legislation, it is wonderful to
think how far our ancestors went in the march of
religious freedom. The earliest policy of Mary-
land was in striking contrast with that of every
other colony. The toleration, which prevailed
from the first, and fifteen years later was formally
ratified by the voice of the people, must, therefore,
be regarded as the living embodiment of a great
idea ; the introduction of a new element into the
civilization of Anglo-American humanity ; the
beginning of another movement in the progress of
the human mind. 1
1 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 soq^-
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
LUMBEOZO, THE JEW. 65
Rev. "Win. Wilkinson (for Mormonism I am unwilling to touch), will
be given from our records, in a further part of this volume.
With regard to the Quakers, it may be proper to add, that,
while I do not assert there never was a practical case of whipping,
I can sincerely say I have never met with any. I am clearly of
the opinion that some of our writers have indulged in very great
exaggeration. As early as Fox's visit, many Quakers were here.
The speaker of the Assembly attended his meeting. Judges of the
county courts, wives of privy counsellors, and a large number of
the most prominent colonists became his disciples. The general
spirit of the proprietary's government cannot be mistaken. No
principle in history is better settled. And I cannot, therefore, so
easily or readily regard the case of the Quakers in the light of a
practical anomaly. See Fox's Journal — a very interesting book —
and the next chapter of this volume.
In the text, I have referred to Dr. Lumbrozo, the well-known
Jew (for he seems to have observed no secrecy), who lived some
time in Maryland, without rebuke from the government, in the
usual exercise of his calling, and of the right to institute actions
in the Civil Court. We cannot doubt he was also allowed the
quiet enjoyment of his religion. But he was accused of blas-
phemy ; 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 16-19 ; and
I, therefore, give the proceeding as it occurs upon the Records
of the Provincial Court, Lib. S. 1C58 to 1C62, Judgments, pp.
159-160.
66 THE DAT-STAR.
"At a Provincial Court, held at St. Mary's on Wednesday, this- 23d February,
165S.
" Present — Josias Fendall, Esq., Governor ; Philip Calvert, Esq., Secretary ;
Mr. Robert Clarke ; Mr. Baker Brooke ; Dr. Luke Barber.
" Was called afore the Board, Jacob Lumbrozo, and charged by his Lordship's
Attorney for uttering words of blasphemy against our Blessed Saviour, Jesus
Christ.
" The deposition of John Hoffsett, aged 4A years, or thereabouts, sayeth this
19th day of February, 1658 :—
"That, about half a year since, this deponent being at ye house of Mr.
Richard Preston, and there meeting with Jacob Lumbrozo, he, this deponent,
and the said Lumbrozo falling into discourse concerning our Blessed Saviour,
Christ, his resurrection, telling ye said Lumbrozo that he was more than man,
as did appear by his resurrection. To which the said Lumbrozo answered, that
his disciples stole him away. Then this deponent replied, yt no man ever did
such miracles as he. To which ye said Lumbrozo answered, that such works
might be done by necromancy or sorcery, or words to that purpose. And this
deponent replied to ye said Lumbrozo, yt he supposed yt ye said Lumbrozo
took Christ to be a necromancer. To which ye said Lumbrozo answered nothing,
but laughed. And further this deponent sayeth not.
" Jurat die et anno supradict. cor. me,
" Henry Coubsey.
" I, Richard Preston, jr., do testify yt, about June or July last past, coming
from Thomas Thomas's, in company with Josias Cole and ye Jew Doctor, known
by ye name of Jacob Lumbrozo, the said Josias Cole asked ye said Lumbrozo,
whether ye Jews did look for a Messias ? And ye said Lumbrozo answered, yes.
Then ye said Cole asked him, what He was that was crucified at Jerusalem?
And ye said Lumbrozo answered, He was a man. Then ye said Cole asked him,
how He did do all His miracles? And ye said Lumbrozo answered, He did
them by ye Art Magic. Then ye said Cole asked him, how His disciples did do
ye same miracles, after He was crucified? And ye said Lumbrozo answered,
that He taught them His art. And further saith not.
LTJMBKOZO. 67
M Thi3 was declared before me, as in the presence of God, that it is true, this
21st of February, 1658. Henry Cocrsey.
" The said Lumbrozo saith, that he had some talk with those persons, and
willed by them to declare his opinion, and by his profession, a Jew, he answered
to some particular demands then urged. And as to that of miracles done by
art magic, he declared what remains written concerning Mosesand ye Magi-
cians of Egypt. But said not anything scoffingly, or in derogation of Him
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 Sheriff of St. Mary's County, according to the order
Supradict."
N.B. — The reader will observe, that Ri. Preston, a Quaker, simply declares.
68 THE DAY-STAR.
CHAPTER Till.
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 the attention of the other Anglo- American
colonies. The Puritans upon the James and upon
the Elizabeth, having, in consequence of their non-
conformity^ been ordered to leave Yirginia, soon
found an asylum here, and during the latter part
of 16A9, 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 1 — the whole body consisting of
1 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 AND THE SEVERN. 69
more than one hundred persons, distinguished not
less for their intelligence than for the fervor of
their religious feelings, and for the stubbornness of
their wills — destined, also, at no distant period, to
take a very conspicuous part in the affairs of the
province. One of them was the ancestor of the
extinct Bennetts of Bennett's Point in Queen
Anne's ;* the descent of the Lloyds of Wye House,
is derived from a second ; 2 and a third was the
peninsula of the Chesapeake, a little below the mouth of the
Severn. My belief is, that Annapolis was not founded till many-
years later. But at Greenberry's Point a town was laid out the
very first year of the settlement there ; and the tract running
down to the point, and now in the possession of Capt. Taylor, was
originally called Town Neck, as the history of the land-title will
clearly show. See also my Historical Letter in the summer of
1854, to Mr. Ch. Justice Le Grand, upon the files of the Baltimore
American, of the New York Churchman, and, if I mistake not,
of other newspapers.
1 Richard, whose tombstone is still preserved at Bennett's Point,
the largest landholder of the province, and to whom tradition has
uniformly given the prefix of " Squire," was the grandson of the
Richard, who, soon after the settlement at Greenberry's Point,
returned to Virginia, and became the governor of that colony.
2 Edward, who came from Virginia, was many years a privy
councillor of Maryland, but died at an advanced age, in the city
of London. James, a descendant of the privy councillor, was the
TO THE DAY-STAR.
progenitor of the Marshes of Kent Island, now
represented, 1 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.
JMary's, in the legislature of 1650 ; the former
being elected the speaker of that assembly. And
they both signed the celebrated Declaration setting
• forth the " fitting and convenient freedom " which
Protestants enjoyed, in the "exercise," of their
religion, under the government of the Roman
Catholic proprietary. 2 The name of the Puritan
speaker is the very first upon the list of signers.
ancestor of the family of Nichols, now residing at Derby, in Kent
county. The Tilghmans also are descendants, through another
female line, of the Hon. Edw. Lloyd, the emigrant.
1 Capt. Marsh, of Kent Island, with a residence also at 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.
2 In Langford's " Refutation" of Leonard Strong's " Babylon's
SOUTH EIYEE.
71
The settlement also upon South Kiver 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. G72-G73), 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.
" We 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,
Francis Poesy.
♦William Durand
Anthony Rawlins
Thomas Maydwell
)■ Burgesses.
William Stone, Governor.
Jo. Price,
Robert Vaughan,
Tho. Hatton,
Note.— That James Cox and George
Puddington were then Burgesses for the
people at Ann Arundell.
* Note.— That this is the same man
who attests Mr. Strong's pamphlet be-
fore mentioned.
72
THE DAY-STAE.
tliose upon the Severn, and of Anglo-Catholics
from England. One of the most prominent colonists
upon this river was the Hon. "Wm. Burgess, who
bore the arms 1 of the family at Truro, in Cornwall
(or, a fesse chequy, or and gules, in chief three
crosses-crosslet-f tehee 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 Hungerford
William Stumpson
Thomas Dinyard
John Grinsdith
William Edwin
Richard Browne
"William Pell
William "Warren
Edward "Williams
Raph Beane
John Slingsby
James Morphea
Francis Martin
John "Walker
Stanhop Roberts
"William Browne
John Halfehead
William Hardwick
1 An Impression from his
Elias Beech
George Sawyer
"William Edis
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 Beckwith
Thomas Warr
Walter W r aterling."
seal is still preserved.
SETTLEMENT UPON SOUTH KIVEK. 73
wife of Lord Clias. Baltimore's step-son. About
1680, lie 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 '
1 EPITAPH.
Here lyeth ye body of W. Burges,
Esq., who departed this life on ye
2i 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
n
THE DAT-STAE.
Twenty miles from the mouth of the Patuxent,
■ during the same year (1650), a Protestant settlement
(probably Anglo-Catholic) was founded by Robert
JBrooke, from England; consisting originally of
forty persons — their names are still preserved 1 —
Of his Lordship's Deputy-Governors ;
A Justice of ye High Provincial Court ;
Colon, of a regiment of ye Trained Bauds ;
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.
1 " The names of people come out of England, and arrived in
Maryland, June 30, 1650, at the cost and charge of Robert
Brooke, Esq.
Thomas Brooke
Charles Brooke
Roger Brooke
Robt. Brooke
Robt. Brooke
Mary his wife ;
His children
Baker Brooke
John Brook.
"Wrn. Brooke
Francis Brooke
Mary Brooke
Anna Brooke.
Marke Lovely
Marke King
Men -Servants.
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 Roger Brooke Taney, the present
chief justice of the United States. The settlement
was erected into a county, under the name of
Charles ; and one of Mr. Brooke's sons created
lord of the manor, 1 which formed the chief seat
of the little colony. Under a commission from
the proprietary, Mr. Brooke was the first com-
mander of the countv. He also held a seat in the
Wm. Jones
John Clifford
James Leigh
BeDj'amin Hammond
Robt. She ale
Thos. Joyce
Henry Peere
Thomas Elstone
Edward Cooke
Ambrose Briggs
Maid-Seryaxts.
Robt. Hooper
Wm. Hinson
John Boocock
David Brownl
Henry Robinson.
Anne Marshall
Katherine Fisher
Elizabeth Williamson
Mar^arite Watts.
Abigael Mountague
Eleanor Williams
Agnes Neale
Forty persons.
Land Records, Lib. No. I. pp. 1C5, 166.
The name of the manor was Be la Brooke.
76 THE DAY-STAR.
privy council; and, at a little later period, but
during tlie 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 1 ),
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
canoes — and sleeping in the open woods by a fire
— preaching at the cliffs of the Patuxent, and upon
the banks of the Severn, upon the Choptank and
1 Even from the statements and few extracts in Ridgely'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 1 —
speaking before aboriginal kings, and leading
emigrants from the 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 which soon absorbed a large
number of the Puritans, 2 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 were at least seven ministers of
the Society of Friends in Maryland ! The names
are all of them still known. 3
1 Fox's " Journal."
2 The cliffs of Calvert, the banks of West River, and the Chop-
tank, were, it seems, the early rally in g-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 Rickardsons also of West River — originally, it is
supposed, of the Puritan type — became prominent Quakers ; and
the prevalence of Fox's doctrines is evident from the preservation
of the wills (to omit other proof) containing contributions to the
fund for the support of the body, and bearing the strongly-marked
phraseology, for which the Friends have always been noted.
3 An island of the Chesapeake, near the mouth of the Choptank
perpetuates the name of a well-known Quaker. It was originally
78 THE DAY-STAR.
Flying from discontent, from turmoil, and
misery, some of the Swedes 1 and of the Dutch,
called Clayborne's. For there the founder of the Kent Island
colony, we may presume, established a trading-post, like the one
upon Palmer's, now Watson's ; or perhaps planted a small settle-
ment, as he also did, as early as 1636, through the agency of his
'•'cousin," Hi. 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; Winlock Christeson
and his wife ; John Burnett, and Daniel Gould ; in money or
goods, at the choice of my executors, forty shillings' worth
apiece ; also for a perpetual standing, a horse, for the use of
Friends in ye ministry, and to be placed at the convenient place
for their use." There is also other evidence in the will, that Doct.
Sharpe was a Friend. But writers as respectable as Kilty (see
' ; Land-holder's-Assistant," p. 88) are so horror-struck at the
"indignities" with which the " strangers" were treated, that they
do not even admit the probability, that the testator of 1C72 was a
disciple of Fox. *Nor are they in the least aware of the early and
extensivo spread of the Quakers in Maryland.
1 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
r /
who had founded the respective settlements upon
the Delaware, received a glad and joyful welcome.
rior numbers, first of the Dutch, and then of the English ; they
still retained, in the midst of all their reverses, the fond remem-
brance of their native laud ; and cherished, with a gentle but
glowing love, the faith and traditions of their original ancestry.
Eight generations also have lingered around the gravestone and
the hearth of their early American forefathers ; nor have they yet
lost those elements so characteristic of their race, and which, in spite
of so much that is mean in every age, have imparted such real
dignity to human nature. But some of them wandered off, at the
period of their severest sufferings, and three were upon Kent
Island about 1665. There also did Valerius Leo and Andrew
Hanson find their early grave. The heart of Major Joseph
Wickes was touched at the lonely condition of Hanse, the orphan
of Mr. Hanson ; and to the young Swede he was, it seems, a
father. The child became a man. He rose to a high official rank,
and held the most honorable posts in Kent County. Upon the
seal of Col. Hanse 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 Marylaud. 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 glimpse
I obtain is in Prince George's county, where his family dwindled
80 THE DAY-STAE.
They lived and died among its. Their blood, for
many generations, has been mingled with that of
the other colonists. And from them have sprung
some of the most patriotic sons of Maryland.
In 1660, a small colony from the mouth of the
Hudson was founded upon the Bohemia River, by
Augustine Herman, a very remarkable man. 1 A
manor also of the same name, still a well-known
locality, was erected in consideration of the highly
meritorious services 2 he had rendered the proprie-
tary. And he has descendants through various
female lines who now do honor to the State.
down into a state either of extreme misfortune or of great
obscurity.
1 Honorably connected with the early diplomatic histories both
of New York and of Maryland. See Albany Records 5 and his
embassy to Maryland, Bancroft. See also Brodhead. It is due to
the memory of Herman to add, that he derived a title to the land
upon the Bohemia, not only from the proprietary, a sufficient
security, but also from the Indians. The consideration is given in
one of his journals preserved in the Land Office, at Annapolis. A
copy is also in the possession of Col. Spencer's family.
8 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 religious liberty, and
invited by a policy so liberal in all other respects,
strangers arrived from England 1 and from Wales ; 2
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.
1 In Appendix, No. 1, I shall notice the arrival of the families
of Burgess, Ringgold, Hynson, Dunn, Wickes, Leeds, Stone, Carroll,
Paca, Chase, Pearce, Pratt, Chambers, Goldsborough, Tilghman,
Hawkins, Thompson, Wroth, Sewall, Sprigg, Taney, Tyler, Lowe,
Claggett, Addison, Dorsey, and of Darnall. Most of them were
Protestants. They furnish some of the best representatives of the
early provincial gentry of Maryland. And they nearly all held
some post of honor, under the dominion of the first and of the
second proprietary.
a The Lloyds, the Thomases, the Snowdens, the Richardson?, the
4*
82 THE DAY-STAR.
from Scotland * and from Ireland ; from the domi-
nions of the kings of France and of Spain ; from
Shipley?, and many other families, came, it is supposed, from the
Principality. The Severn and the Wye, upon which the Hon.
Edward Lloyd resided, were no doubt named after the rivers of
Wales, in honor of his native land.
The Thomases, it is said, first lived upon Kent Island ; but
according to the earliest recorded information I have been able
to obtain, they resided in Anne Arundel, near Thomas's Point,
about 1655. Philip, the emigrant, was a privy councillor, and
many of his descendants held high public positions, including
Phil. Evan Thomas, now living at a very advanced age, the
projector and first president of the Baltimore & Ohio Railroad.
Upon a gold-headed cane, handed down from an early 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.
1 The settlement, near the site of Washington city, long before
the erection of Prince George's, but which subsequently formed
a hundred of that countv. bore the name of JVew Scotland.
SCOTLAND AND OTHER COUNTRIES. 83
the States of Holland, and from various parts of
Germany ; from S weed-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 Patuxcnt. 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. Niniau 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 Lachlan3 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. Chcston, their
present family seat, has been held for a period of nearly two
hundred years. It is difficult to say, with certainty, at what
time, or from what country, the Worthingtons came. John,
of Anne Arundel County, who died about 1700, and who, it
appears, was the first of the Maryland line, gave his home planta-
84 THE DAY-STAR.
great Gustavus, the champion of Protestant 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
tiou 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 Valles, of Anne Arundel, ancestors of a judge of the United
States Supreme Court ; the Brashaers, of Anne Arundel and of
Prince George's, represented also by the late Doct. Brashaer, of
New Market, Frederick county ; and the Lacounts, of the eastern
shore, ancestors of the chief justice of Kansas ; are some of our
oldest French families. There is also but little doubt that the
Ricauds of Kent, represented by the 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 1G50 ; and the Brashaers (directly from
Virginia) at a period not much later. They all arrived before the
Protestant Revolution of 1G89. There is the strongest presump-
tion that the Con tees (about the time of their arrival closely
connected with the family of Gov. Seymour, and lately represented
by the gallant John Contee, of Java) came also, originally, from
France ; though there is evidence of the fact, that they had lived
at Barnstaple, in Devonshire, as did some of the most distinguished
EMIGRANTS FROM MANY LANDS. 85
only in Christ, 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 prayer. To the children of sorrow and to the
victims of persecution, to men of various races, of
divers languages, and of many religions, the voice
Huguenots in other parts of England before their emigration to
other countries. The arrival, however, of the Contees in Mary-
land was late. I doubt if it was before the year 1690.
Four of Capt. James Neal's children were born within the
Spanish or Portuguese dominions, and subsequently naturalized
by an Act of our Assembly. So also were Anthony Brispoe,
Barbara de Barette, and probably other emigrants. See Liber,
" Laws, C. & W. H., 1638 to 1678."
A large number came from Holland and Germany, including
the families of "Comegyes" and Lockerman. See last-named
liber, where also I have obtained the birth-place of many alien
emigrants.
Axell Still, John Elexon, Oliver Colke, Marcus Syserson, Jeffrey
Jacobson, Mounts Anderson, Cornelius Peterson, and Andrew
Clements, may be named among those who were born in Sweden.
Augustine Herman, the founder and original lord of Bohemia
Manor, was born at the city of Prague. Manhattan, now New
York, was the birth-place of most of his children. See Liber,
' ; Laws, C. & W. H., 1638 to 1678," p. 158. His wife also was
probably born at Prague.
86 THE DAY-STAR.
of our early legislators was like the " sound" from
a better world — like a second evangely from the
skies ! For they spoke, ' ; every " one in liis " 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,
that 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 Poruan
Catholics.
REVOLUTION 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 1 which
1 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.
8. P. 0.
B. T. Maryland,
Vol. 1,£.D. 25K
August ye 2Sd, '89.
These may acquaint yo w , that we whose names are underwritten
have, according to request, bin and treated with y e Indians, and
doe find 'em to be very civill and kind, and desire nothing butt
peace and quiettness, butt y l in part thorough y e instigation of
bad people, and chiefly doe instance Andrew Gray, that y e
English in one moone would cutt them all of; likewise, con-
cerning an Indian woman, w ch they say was kill'd by Cornelius
Mulraine's wife, w ch they have expected some satisfactory answer,
concerning which as yett they have not received. Also, y l y e s d
Cornelius since their departure offer'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 e s d Gray hath bin with 'em and threatned them if they
8S THE DAY-STAK,
lias ever disgraced any religious or any political
party — by the story, in a few words, that the
would not coine home, he would gett a party of men and fetch
? em ^ force. Likewise they say they have ten Indians w ch 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
dement Sales. Wm. Bealey.
This is y e copy of the answer sent to the
Burgesses from y e 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. 0.
B. T. Maryland,
Vol. 1,B.D. 5.
The Committee of Secrecy appointed by this present
Assembly, the Representative Body of this Province
doe make their Report as followeth, viz 1 .
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
KEY0LUTI0N 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 rs have contrived con-
spired and designed by severall villanous practices and machina-
tions, to betray their Maj ties 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 us
taken, that the late Governo rs 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 ties 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 the most respectable sources
— not only from the members of the Church of
Oomittee charged upon some of y e Lord Pro-
prietaryes Dep^ 5 , yet the same could never be
obtained, or was any wayes made appear.
{Indorsed.)
" Report of the Comittee of Secrecy,
touching the late Governni 1 . Copy.
'■ Rcc d fro ye L d Baltemore, 31 Dec.
1689."
Voted in Assembly, 28 Aug., 1689.
I beg to invite especial attention to the narrative of Mrs.
Smith :
NARRATIVE OF MRS. BARBARA SMITH.
30 Dec. 1689.
S. P. 0. \
B. T. Maryland \
Vol. 1. B. J). 17. )
The Narrative of Barbara wife of Richard Smith of
Puttuxent River in Calvert County in the Province
of Maryland.
Upon the 25th of March last a rumour was spread abroad about
the mputh of Puttuxent River, that ten thousand Indians were
come down to the Westeru branch of the said river. Whereupon
my husband went up to the said Western branch, where he found
noe Indians, but there a strong report that nine thousand were at
Matapany, and at the Mouth of Puttuxent, and that they had cutt
off Capt. Bournes family, and had inforted themselves at Mata-
REVOLUTION OF 1689. 91
Kome, but also from many of the most prominent
Protestants of the province ; including the Honor-
pany, ; which was all false. Upon these rumours the country
rose in armes, but after diligent search and inquiry in all parts of
the Province, this rumour was found to be only a sham, and noe
Indians any where appeared to disturb or molest any the people
of our Province. All which reports I doe verily beleeve were
designedly spread abroad to incite the people to rise in armes as
afterwards by the like sham they were induced to doe. For in
the latter end of July following one Capt. Code, Coll. Jowles,
Maj r 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 1 , one Johnson master of a ship being bound for England,
they gave him charge he should carry noe letters but what was
seat from themselves, & my husband they arrested and put in
92 THE DAY-STAR.
able Thomas Smyth, the ancestor of the Smyths
of Trumpington, subsequently of Chestertown ;
prison for fear he should goe for England with the said Johnson
to give an accompt of their proceedings, and as soon as the said
Johnson was gone they released him again. The said Cole and
his complices then sent out letters to all the Countyes of the 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 d 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 e 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.
Jowles himself and Maj r 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 PEOTESTANT REVOLUTION. 93
from Major Joseph Wickes, 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 Proclama n 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 cheifiy 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 1 of, but Mr.
Taney and my husband were detained prisoner at my comeing
away.
(Signed) Barbara Smith.
+Dated in London, the 30th of December, 1689.
(Indorsed) " Mrs. Smith's Narrative of
the troubles in Maryland."
The testimony from the Protestant county of Kent is exceed-
ingly valuable :
ADDRESS OF PROTESTANTS OF KENT COUNTY.
November, 1689.
S. P. 0.
B. T. Maryland,
Vol. 1,B.D.4:1.
To the King's Most Excellent Majestie : —
Wee your Majesties most loyall and dutyfull subjects the ancient
Protestant Inhabitants of Kent County in your Maj ties Province
of Maryland, who have here enjoyed many halcyon dayes under
9tt THE DAY-STAR.
distinguished representative of Kent; from the
Honorable Henry De Courcy (then written Cour-
the imediate Governm* of Charles Lord Baron of Baltemore and
his hon ble Father, absolute Lords Proprietaries of y e 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 e same liberties and priviledges secured
to us, as other your Maj ties 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 ble Father, by whom equally and indifferently were justice,
favour, authority & preferment administered, bestowed con-
ferred and given to and upon your Maj ties subjects cf all perswa-
sions : Doe in prostrate and humble manner testifie to your
Ma tie that we abhorr & detest y e falsehood and unfaithfullness
of John Coade and others his Associates and Agents, who first by-
dispersing untrue reports of prodigious armies of Indians and
French Papists invadeing us, did stirr up unjust jealousies and
dismall apprehensions in y e less cautious sort of people of this
Province, and then haveing thereby created unnecessary feares
& disposed y e people to mutiny and tumult, made further insur-
rection, and extorted the lawfull governm 1 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 ties 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 ties proclamation have continued in authority, and done your
Maj tie good service. And those Delegates in that manner- con-
THE PEOTESTANT EE VOLUTION. 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 coni-
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 ties more peaceable subjects. From the. dangers and apprehen-
sions whereof, "Wee your Majesties most loyall, dutyfull, 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 ties favour and a lasting
settlement may be again restored to the Rt. Hon ble Lord Balte-
more, which will make him and us happy, and give us new occa-
sion to bless God, and pray for your Maj ties life and happy reign.
(Signed) Wm. Frisby, Henry Coursey,
Griffith Jones, Josh. TVickes,
Robert Burman, Jno. Hynson,
Philemon Hemsley, George Sturton,
Simon TVllmer, Lambart TVilmer,
"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.
& p. o.
B. T. Maryland,
YolAjJB. D. 16.
The Narrative of Coll. Henry Darnall, late one of the
Councill of the Rt. Hon ble y e Lord Proprietary of
the Province of Maryland.
On the loth 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
offered myself to goe in person if they could advise me where
any enemyes were, Indians or others, whereat they seemed very
well satisfied. I began to suspect this was only a contrivance of
some ill-minded men, who under this pretence would raise the
Country, as by what happened afterwards we had reason to
beleeve. Upon the most diligent search and enquiry into this
whole matter, noe Indians any where appeared, and when ever
any messenger was sent to the place where it was said the Indians
THE PROTESTANT REVOLUTION. 97
Calvert, and the ancestor of the present chief 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 Cood 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 Cood as a spy and by him kept, soe the Councill had
noe notice untill two dayes of any thing, when they were assured
that Cood had raised men up Potowmeck, and that some were
come to him out of Charles County, who were all marching down
toward St. Marye3, and in their way were joined with Maj r 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 Cood 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 Cood
and his party seized. In this while Maj r Sewall and myself went
up Pattuxent River to raise men to oppose said Cood and his
party, where wee found most of the Officers ready to come in to
us, but their men were possessed with a beleef that Cood rose
only to preserve the country from the Indians & Papists, and to
5
98 THE DAY-STAR.
brave and generous spirit, connected with the „
family of Somerset, and the forefather of the
proclaim the King & Queen, and would doe them noe harm, and
therefore would not stir to run themselves into danger ; soe that
all the men we could get amounted not to one hundred and sixty,
and by this time Cood ? 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 Cood)
Gen 11 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 5 but to the contrary he went & joined Cood at St.
Maryes, to whom and to all then in armes there, the Councill sent
a Proclamation of pardon, upon condition they would lay down
their armes and repair to their respective habitations : the which
Cood (as we were credibly informed) instead of reading to the
People what was therein contained, read a defyance from us,
thereby to enrage and not to pacify them. Cood and his party
haveing thus made themselves masters of the State House & the
Records at St. Maryes, borrowed some great gunns of one Captain
Burnham, master of a ship belonging to London, and came to
attack Matapany House, the which when he came before, he sent a
Trumpeter & demanded a surrender. "Wee desired a parley and
personall treaty in the hearing of the People, which Cood would
never consent to. We knew if we could but obtain that in the
hearing of the People, we should be able to disabuse them and
clear ourselves of what they were made beleeve against us ; but
THE PROTESTANT REVOLUTION. 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 effusion of blood, capitulated and surrendred.
After the surrender of the said house, his Lordships Councill
endeavoured to send an acco 4 of these transactions by one John-
son master of a ship bound for London, to his Lordship, the
which the said Johnson delivered to Cood. When we found we
could send noe letters, Maj r Sewall and myself desired of Johnson
we might have a passage in him for England, to give his LordsP
acco 1 of matters by word of mouth, which the said John-
son refused, upon pretended orders to the contrary from Cood.
Whereupon Maj r Sewall & myself went to Pensylvania, to
endeavour to get a passage there ; upon which Cood and his
party to occasion to give out we were gone to bring in the
Northern Indians ; but we missing of a passage there, came back
and stayd in Ann Arrundell County (who never had joyned with
100 THE DAY-STAE.
victims of a cruel imprisonment, accompanied
with gross insults and indecent taunts, 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.
Cood and his party) until the 2Gth of September, when (Maj r
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 Darxall.
Loxdox, December 31s£, 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.
S. P. 0. }
B. T. Maryland } ,
Vol. 1, B. B., 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 e lawful authority of y e 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 e 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 e 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 e lawful authority, which then rested in y e 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 e 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 e country in their
handstand all papists in general desisting to act any further in
government and office : but Col. Jowles and y e rest of those gent.,
not content to rest there, or not thinking themselves safe in what
they had done, sending out precepts in their majesties' names,
requiring the sheriffs of each county to warn the people to meet
together and choose delegates and representatives to meet and
102 THE DAY-STAR.
four upon the eastern, and two upon the western
shore. And at the period of the Protestant 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 e surrender of y e 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 e 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 e 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 e long sword, and withall recpiired y e deputy
clerk to read some papers that he had. Whereupon I asked Col.
Jowles whether those papers were their majesties' authority, and
ERECTION OF COUNTIES. 103
lution, the population of the province, we may
suppose, was not less than twenty-five thousand ;
if they were I would read them myself, if not, they should not
be read. But be still bid y e clerk read them. Whereupon I said
to him and the rest of y e company, " Gentlemen, if the lord pro-
prietary have any authority here, I command you, speaking to y e
clerk, in y e name of y e 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 e 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 e 25th cf August, 1689, by James
Bigger and six other armed men, by order of the persons assem-
bled at y e command of Coad and his accomplices, and kept close
prisoner at y 6 house of Philip Lynes, under a guard of armed
men, and upon y e 3 d day of September carried by a company of
soldiers before y e 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 e lives and
estates of all such persons, and therefore should not submit myself
to any such unlawful authority as I take yours to be. Whereupon
they demanded of me who was their majesties' lawful authority
here. I answered, I was, as being an officer under y e Lord Ballta-
morc, until their majesties' pleasure should be otherwise lawfully
made known. Then they ordered the soldiers to take me away
101 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 165tL, 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 e order of y e
House that we must find good and sufficient security to be bound
for us to answer before their majesties' commissioners and lawful
authority what should be objected against us, and in the mean
time be of good behavior. To which we answered, their authori-
ties we looked upon not lawful to force us to give any bonds, and
that we had estates in this country sufficient to oblige our staying
to 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
y e adjourning of y e 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
lnico ; 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 9 whole substance hitherto proceeded on,
that is known to your humble servant to command.
Mich. Taxet.
September y e 14th, 1689.
Charlestown, in Charles
County, where we are, and
are like to remain still.
(Addressed)
To Madame Barbara
Smith. These.
Mem.—Y 6 14th Sept r . 1G89, Capt. Cocde mustered all y e men of
St. Mary's County at Chopticoe, and did then and there order y l all
Protestants servants and freemen should apear there at Chopticoe
y l day fortnight, with provision for a march into Anne Arundel
County, and those y l 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.
Rec d 16 Dec, 1689."
5*
106 THE DAY-STAB.
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. They suggest or comme-
morate interesting facts, in the history of our
colonization.
SPESUTIA ISLAND. 107
Spesutia Island, originally within the limits of
Baltimore, perpetuates the name of Col. Nathaniel
ITtye, one of the most sanguine and adventurous
pioneers in the colonization of the country, upon
the head-waters of the Chesapeake. There, also,
did Augustine Herman make his treaty with
the Indian chiefs, for his title to the land upon the
Bohemia Eiver. Spesutia has sometimes been
confounded with the island, upon which Clayborne
established his trading-post with the Susquekan-
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 difficulty of arriving
at a satisfactory result, the contest between Anne
Arundel and Calvert was not unlike that between
Lord Baltimore and the Penns. But the identity
of 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 DAY-STAR.
CHAPTER IX.
The State of Society, from 1634 to 1689.
The overthrow of the proprietary's authority-
was the knell to the hopes of St. Mary's ; and, 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 their near descendants, probably still exist,
both in the neighborhood of the Piscataway, and
upon one or more rivers of the Eastern Shore. It
has also been a thousand times asserted, that the
blood of aboriginal chiefs is now represented by the
Brents, by the Goldsboroughs, and by many of
our other most distinguished families.
Of the Chesapeakes (the nation who had given a
name to our " Great Bay ") no vestige in Maryland
THE YOACOMICOS. 109
appeared, at the arrival of Governor Calvert. Long
before the settlement at St. Mary's, they were a
small tribe, with not more than a hundred warriors,
living upon a branch of the Elizabeth river, and
under the dominion of the Powhatans, a powerful
confederacy embracing more than thirty different
nations, and which had extended its sway to the
very banks of the Patuxent. 1
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 Poman
Catholic, than to the instinct of the savage. A cup
of cold water, we are taught, is not without it3
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. 3
1 See SmiuVs History of Virginia ; Bozman's History of Mary-
land.
a See ante, pp. 4G-47. For further particulars see u A Relation
of Maryland," and also Father White's Journal.
110
THE DAT-STAR.
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. 1
The Susqueha?inocJes, 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 Ybacomicos. They
were also distinguished for their noble, gigantic
size ; and received with great kindness, Capt. Smith
and his companions, during his exploration of the
Chesapeake, long before the settlement upon Kent
Island. Many also were the treaties, which they
1 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 1 for a
large portion of our territory. 2
1 This was signed (see Bozman, toL 2. p. 683), in 1C52, 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 JVatheldianeh, the chiefs on behalf of the Sus-
quehannocks. The treaty ceded to Maryland all the land from
the Patuxcnt 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.
a The Patuxents, whose principal seat was upon the river which
perpetuates their name, included a large number of little nations
and tribes, remarkable for the friendliness of their feelings. The
territory of the Piscataways, whose prominent chief bore the title
of 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 "Washington and of Baltimore. Upon the Sassa-
fras lived the Tockivhoghs, 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
make*? 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
Clioptank and jXanticokc, which are still borne by the large and
112 THE DAY-STAR.
The Accomacs, and some other tribes further
South than the Kuskcwawoaks, 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 Oze?iies, with some
other tribes of Maryland. And a chief was held, for his virtues,
in such profound veneration, not only by the Red man, but also
by the White ; and his memory is so closely interwoven with the
traditions and recollections of our ancestry ; that I cannot close
this sketch, without the mention of his name. To the Aborigines
upon the Delaware, he appeared, indeed, in the same light as did
Alfred to the English, or St. Louis to the French. Rising above
the level of his own kindred, he became also the representative of
a sympathy (how hard was it to realize a union !) between the 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 memorv of the illustrious chief of the Delaivares.
HENRY DE COrRCY. 313
Mohaioks, and of four other nations ; J whose chief
dwelling place was upon the rivers of New York ;
but who not unfrequently descended the Susquehan-
nah, and spread the greatest alarm among the colo-
nists. 2 The relations, both at peace and at war, with
this formidable confederacy, constitute (if we 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 from the Governor and from
the Assembly of Maryland. And, in the Documen-
1 Called sometimes " The Northern Indians.'-' See ante, e. g.,
p. 89.
1 Witness, also, the ill-founded panic of 1G89, ante, pp. 87-
105.
114 THE DAY-STAE.
tary Histories of JSew York, some of them have
been lately printed, at the expense, and through
the noble energy (I blush to add) of the New
Yorkers. J They are written in the rich, metaphor-
ical style of the Indian.
1 The De Courcys of My-Lord's-Gift (including Mrs. Mitchell of
the Western shore), and the De Courcys of Cheston (see ante, p.
83), are representatives of the family of the Hon. Henry De Courcy.
Mrs. May, the wife of the Hon. Henry May, is also a descendant of
this family.
The claim of the De 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 opinion, that a
member of the family at Cheston was clearly entitled ; and said,
their impression had been derived (they spoke upon the point very
positively) from their own father, before the period of his alleged
insanity, or the date of the will, in which he selected Myles, of
Rhode Island, as the successor. These, and many other interesting
facts, upon the subject, may be found in The De Courcy Papers now
held by Doct. William Henry De Courcy, of Cheston, the brother
of the Hon. Mrs. May. Of the high social rank of this family, at
the very period of their arrival, the letter of Mr. Secretary Hatton
is sufficient evidence. See note to the sketch of Mr. Hatton's
life.
It is generally supposed, the Hon. Henry De Courcy was a 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
FRAME- 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 willing allegiance, and paid a very small rent.
Their title, indeed, for all practical purposes,
was equivalent to a fee-simple. A little tract was
given to each emigrant ; and an additional quantity
for every person he had brought, or subsequently
transported. Tracts of a thousand acres and up-
wards were 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-STAR.
The government, in every essential particular,
was a monarchy. Of this, the charter is sufficient
evidence. It is true, the proprietary was a subject
of the English crown. But, under the feudal state
of society, it was not unusual for one prince to hold
his territory of another. Scotland was once a fief
of England ; and Xing 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, 1 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 2 in Maryland, as in any other Anglo-
American colony — and the greater part of them,
1 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.
8 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 orphaus- courts; and personally were held in the very highest-
esteem.
ANNAPOLIS. 117
daring 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, w r ho
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.
No 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, w T ere erected into ports
of entry, in 1683. And, on the Eastern shore, were
the little towns of New- Yarmouth and York ; the
118 THE DAY-STAll.
former upon a branch of the Chester ; the latter, it
is supposed, upon some part of the "Wye. 1 But the
necessity for many towns did not then exist. The
most striking feature upon the face of society was
the plantations. Upon them, were held some of our
earliest courts and councils. Hardly a home, or a
tenement was not approached by water. And our
governors, privy councillors, and county court
judges were, all of them, planters. The principal
planters were also the merchants, who traded with
London, and the other great ports of England.
And the large plantations, with their group of 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
1 Charleston, the original county seat of Prince George's, but
founded long before the erection of that county, stood at the fork
of the Patuxent, either near or upon the site of Mount Calvert
PROVINCIAL CUKBENCY. 110
articles, thepeake 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
lordship's arms, with the motto Crescite et Multi-
jplicamini, upon the other his image, with the cir-
cumscription CcBcilius Dominus Terrce-lfarice,
<&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, was ever coined — tobacco being the most
common currency of the province ; and one pound
of it, in 1650, worth about three-pence of English
money.
Our ancestors generally sat upon stools 2 and
1 I have seen one or two in the possession of the Maryland His-
torical Society, presented, I am informed, by our generous coun-
tryman, Mr. Peabody, of London.
2 I have seen several chairs. But stools and forms were chiefly
used. The form was a sort of bench ; and sometimes, if not
always, attached to the wall. The few chairs were, most of them,
made of iron, and covered with leather. They were considered
the best.
120 THE DAY-STAK.
forms ; dined without forks ; x but made a free use
of the napkin ; and paid especial attention to the
furniture of their bed-chambers. The Avails also
of their principal rooms were wainscoted. 2 And
they kept a great deal of rich and massive silver
plate, upon which were carved the arms of their
own ancestry. Tea and coffee they rarely, if ever,
tasted. Sugar they sometimes had. But freely did
they drink both cider, and sack. And there is fre-
quent mention of the silver sack-cup. Strong punch
and sack, it w T ould seem, were their favorite drinks. 8
1 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.
2 Specimens of the wainscoted wall are still preserved at some
of the old family seats in Maryland. They have been much ad-
mired ; and, in Eugland, are again becoming fashionable.
8 Sack was the special favorite. A case, e. g.. is referred for an
arbitration to the Hon. Thomas Marsh, who, in giving his award,
added ' ; a hogshead of sack •' to be drunk between the parties.
Take another : — Gov. Calvert ordered Col. Price to bring various
articles to Fort St. Inigo's, for the use of the soldiers. " And
LIFE OF THE PLANTERS. 121
They had also every variety of fruit, both for the
winter, as well as for the summer. They delighted
in pears and apricots, in figs and pomegranates, 1 in
peaches and apples, and the most luscious melons.
The wild strawberry and the grape-vine grew also,
in the richest profusion. . Many of the hills were
covered with vines ; and we have the proof, that
vineyards also were cultivated. The air and the
forest abounded in game ; the rivers and bays in
fish. Our ancestors feasted upon the best oysters
of America ; and dined, we may suppose, upon the
Canvass-back, the most delicious duck in the world.
Providence was " not content with food to 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 sack,'' says the witness (see Thos. Hebden'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 Shakspeare.
1 See Ogilby's America — a very interesting work — from which
many of the facts in this chapter are taken.
C
122 THE DAT-STAK.
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.
Tohacco 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 axe pone,
hominy, pocoson, 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 water. 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 sent by private hand ; and despatches
COSTUME. 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.
The costume, during the reign of Charles the
First, bore the marks of the strong military spirit
of that age ; and was the most striking and 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. 1 The large
1 Boot hose-tops, it appears, were also worn, about 1650. For
Mr. Egerton's Inventory, see the Records of the Land-Office ; and
124: THE DAY-STAJR.
collar was succeeded by the cravat, it would seern,
about the time of the Protestant Revolution. Buff
coats were also worn as early as 1650. The cocked hat
was probably not introduced before the year 1700.
Finger-rings were worn by almost all the early
landed gentry of Maryland. And they were the
favorite tokens of regard and remembrance, given
in their wills. The number bequeathed, during the
first hundred years after the settlement at St.
Mary's, would seem incredible to any one, who is
not familiar with our early testamentary records.
The preceding facts, in relation to dress, and
including finger-rings, are predicated 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 dress, gee note, in this volume,
upon the will of Mrs. Fenwick, p. 215.
IGNORANCE OF LETTERS. 125
of theni to say nothing of the subject to the Governor
of Maryland, whose visit was soon afterwards
expected. Capt. Bradnox 1 was the friend, also, of
Mr. Secretary Hatton.
Xo execution for witchcraft, under the sentence
of a court, has ever marred, it would seem, the
annals of this province. But Mary Lee, during a
stormy passage upon the high seas, was put to death
by a company of sailors. And we have at least
one case of conviction. It is that of John 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. 2 We have instances here,
in which the servant writes his' name, and the mas-
v ter makes his mark. Capt. Bradnox was wholly
ignorant of the art of writing. And one, if not
1 For the law relating to cattle-marks, see this volume, p. 226.
2 That many gentlemen could not write their names, is evident.
They repeatedly make their marks. Cases from lhe Record
could If cited.
126 THE DAY-STAK.
several of the earliest judges of the provincial court,
came within the same category. The fact, indeed,
suggests a very important inference ; and can only
be accounted for upon the true historical hypothe-
sis. In the past, we see the military ; in the pres-
ent, the commercial spirit of society. Knights,
and not merchants, were once the gentlemen of
England. The sword, and not the purse or the pen,
was still the emblem of power. And it would be
a great mistake to suppose, the unlettered 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. No 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 the memory of our ancestors ;
and the letter of Parson Yeo to the Archbishop, in
1676, is little better than a libel.. Without wishing
to throw a veil over the sins of the past, or excuse
in the least its rudeness or its violence ; I have no
hesitation in expressing the opinion, for whatever
it may be worth, that in the sincerity of their
friendships, in the depth of their religious convic-
tions, in the strength of their domestic affections,
and in a general reverence for things sacred, our
forefathers far outshine the men of this generation,
with all its pomp and pride of civilization.
Nor must we forget the new element which was
introduced into the early society of Maryland — the
element of religious liberty — an element, which we
cannot but suppose, constantly exerted its influence
in enlarging the mind, and elevating the thought of
the colonists — an active principle in the life of the
early planters — the crowning glory of the era, in
which they lived. Nor did it die, at 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-STAK.
CHAPTEE 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
1 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 ;
the late John Leeds Bozman, whose history (a book of high
authority) was published by the State ; Mr. Sebastian F. Streeter,
in his " Two Hundred Years Ago," distinguished not less for its
general accuracy of statement than for the noble zeal of its
author in the prosecution of some of the most difficult inquiries
within the whole range of our early history ; and the Rev.
Ethan Allen, whose " Maryland Toleration " is favorably received
by the public, especially by the clergy and laity of the Protestant
Episcopal church. More than a century after the passage of the
important act, Mr. Chalmers wrote the celebrated " Annals,'' in
which he states the Assembly was "composed chiefly of Roman
Catholics." But he did not give the proof ; nor does Mr.
Bancroft, or any other historian. Mr. McMahon, the highest
authority upon the history of Maryland, abstains (I think rather
A FRAGMENT OF THE JOURNAL. 129
really hung (for the journal is lost) over the faith,
and identity (including the very names) of the
members; that no apology, it is hoped, will be
demanded by the truth-loving reader, for the
tediousness of the following details.
Fortunately for the settlement of the question, a
fragment of the legislative journal is still 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-
studiously) 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 Stonestreet, 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 afso unsatisfactory in many other
respects. With perfect candor, I will now add. that the best
argument I have seen in favor of the Roman Catholic claim, is
from the pen of my good and dear friend, Wm. Meade Addison.
It yet remains for me, by God's help, to try my own hand.
6*
t^
130
THE DAY-STAR.
bly in relation to " The Bill of Charges." ! If we
add to it a part of the journal of the following
1 The Report which follows contains the name of every Burgess :
" Saturday, the 21st of April, 1649, being ye last day and
sessions-day of the Assembly — the House being called, all assem-
bled but Mr. Pile and Mr. Hatton, whose absence was excused by
the governor. The committee brought in the charge of this
present Assembly, which is as followeth, viz. — At the committee
for charges of the Assembly, the committee appointed the sums
under-written to be paid to the parties under-written this 21st of
April, 1649 — all tobacco under-written due with cask.
Imprimis, 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 sheriff,.
For fetching wood and water during this Assembly,
Hereof Kent is to pay a sixth part being .
St. Mary's county is to pay the rest, being,
Tob.
200
080
140
100
150
6T0
112
55S
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 >• 21S4
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, .... J
For the clerk of the Assembly, for 25 days, at 501b. per day. . 1250
FRAGMENT OF THE JOURNAL OF 1649. 131
year, 1 and the facts already given by Bozman and
other historians, it will be easy for us to ascertain,
The sixth part of which 1250 Kent i3 to pay . . . 20S
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 fexwick, \ philip conner,
Richard Basks. v Richard Browxe,
; Walter Peake.
See Land Records, Lib. No. 2, pp. 488-489.
1 " April 29th, 1650. — We, whose names are hereunder written,
declare, that our intents in passing the BUI 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, Cuthbert Fenwick,
William Bretton, George Manners, Robert Clarke.
" 29th April predict. It is thought fit by both Houses of this
present Assembly, that the act above-mentioned be understood
and judged upon according to the intentions expressed in the
declaration above-written. Concurred, ut supra. Assented ut
supra.
Land Records, Lib. No. 3, p. 345.
132 THE DAY-STAK.
beyond the shadow of a doubt, who were the
Assemblymen of 1649. '
1 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. : —
-r, , ~ . . " a ( Mr. John Hatch,
For St. George's hundred, •{
( Mr. Walter Beane.
( Mr. John Medley,
For Newtown hundred, 3 Mr. Wm. Brough,
( Mr. Robert Robins.
For St. Clement's hundred, Mr. Francis Posey.
( Mr. Philip Land,
For St. Mary's hundred, ■{ ,, ^ . _,
( Mr. Francis Brooks.
For St. Inigo's hundred, Mr. Thomas Matthews.
Thomas Sterman,
( Mr.
l ' ( Mr.
For St. Michael's hundred,
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 Vaughan."
Land Records, Lib. No. 3, p. 47.
CORRESPONDING DOCUMENTS, 1650. 133
It will be remembered, that Cecilrus, the pro-
prietary, notwithstanding his residence in England,
Common Charges to be levied by equal Assessment through ye
whole Province. April 27th.
" The committee brought in the country's charge,
For Wm, Lewis, for his attendance and bringing down Indians )
6 ° I 0400
last year, )
For Matthias Briant for carrying ye governor's letter, . . 0100
For pressing Mr. Chappel's boat, 0200
For Francis Martinson, for going to Anne Arundel and Kent )
' 6 S0600
counties, )
For the clerk of the Assembly, for 24 days at 501b. per day, . 1200
For Philip's attendance on the burgesses, &c, .... 0420
For ye Sheriff, for his attendance on the House, . . . 0500
3420
Same Lib., p. 59.
" The Committee's Bill of Charges, this Assembly, brought in
27th April. Allowing : —
St. Mary's,
( Robert Robins, for 27 days' attendance, at 501b. per day, 1350
To ) Mr.'Wm. Brough, for 21 days, at 501b. per day, . . 1050
(. John Medley, for 14 days, " "... 0700
To Mr. Philip Land, 26 days, " "
( John natch, 24 days, " «
To <
< Walter Beane, 24 days, " "
To Francis Poesey, 23 days, at 501b. per day,
f George Manners, 21 days, ....
( Mr. Thomas Sterman, 21 days, .
To Mr. Cuthbert Fenwick, 11 days, .
" As for that Mr. Francis Brooks was not able, throug]
to attend the House, and drawing of his wine, the committee
think fit not to provide for him at all.
Kent,
To Capt. Robert Vaughan, for 40 days, at 501b. per day, . 2000
1300
1200
1200
1400
1050
1050
0550
h sickness,
To boat and hand, Ac,
0260
134: THE DAY-STAR.
possessed an important part of the law-making
power. It is certain, the " Act " relating to " Reli-
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
ajrproved it. And the fact is undisputed.
Capt. Wm. 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, .
" M • Coxe ) for ^ days a P iece > at ^Olb. per day, . 3700
Boat, hands, and wages, 0600
" This assessment to be laid on the hundreds and counties, pro-
portionably, every county and hundred bearing their particular
charge of tbeir 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 Kobert Yaughan. Robert Clark was, at
the same time, the surveyor-general ; and Tliomas
Hatton, the secretary of tile province. It was the
practice of these high officers, to sit in the Assem-
bly with the councillors. And we have the proof,
that they did so, in 1649. *
Nine burgesses represented Kent and St. Mary's.
Their names are : — Cuthbert Eenwick, Philip Con-
ner, William Bretton, Richard Browne, George
Manners, Richard 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, Robert 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 Yaughan, Philip Land,
John Hatch, Robert Robins,
Wm. Brough George PcnniNGTON.' 1
Same Lib., pp. GO, Gl.
1 They signed the certificate prefixed to the Declaratory Act of
1050.
136 THE DAY-STAE.
CHAPTER XL
Their Faith — They sit in One House.
The proprietary was a Roman Catholic ; and the
governor, a Protestant. Three of the privy 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 OF 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 Boman church ; and we
have the basis of a very strong presumption, that
Mr. Thornborough (a sixth member of this House)
was also a Boman Catholic.
Including the proprietary and Mr. Thornborough,
ten of the law-givers of 1649 held the faith of the
Boman 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,
they all sat in one House.
138 THE DAT-STAR.
CHAPTER XII.
The Whole Strength of the Roman Catholic Element in the
Assembly.
All, we have from the remaining parts of the
journal, is that on the " last day " of the Assem-
bly, the representatives of the freemen, with the
governor, and with the privy councillors (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
1 In the marginal note to the copy of the Act upon the Records
of the Land Office, the date of its passage is given.
KOMAN CATHOLIC ELEMENT IN THE ASSEMBLY. 139
proprietary; 1 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.
1 This fact is presented, in a very forcible light, by Mr.
Addison. See Addison's Religious Toleration in America.
140 THE DAY-STAR.
CHAPTEE XIII.
The Burgesses, as a Distinct Branch of the Legislature — A
Majority of Roman Catholic Representatives.
But there is the strongest evidence to show, that
at a previous stage of the session, the Assembly sat
in two Houses. This is the opinion of Bozman,
who is, by no means, partial towards the Koman
Catholics — an opinion sustained also by Chalmers,
by Bacon, and by Bancroft. It is evident that Mr.
Fenwick received an extra allowance. 1 May we
not suppose, he was the chief officer, or speaker,
of the Lower House ? But the best argument
is drawn from the analogy furnished by the
Assembly of the following year ; and by the very
phraseology, in the Act relating to religion. We
know the Legislature* of 1650, although expressly
divided into two distinct chambers, sat near the
end of the session, in one House. 2 And, in the
1 See the Bill of Charges, ante, p. 130.
8 The journal of 1650 has been preserved. It is in Lib. No. 3,
ROMAN CATHOLICS IN THE LOWER HOUSE. 14:1
Act, of which we are speaking, there is a clear
reference to an Upper and Lower House. 1 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 Office. And there is abundant evidence to show that
many of the laws and orders of that year were passed by " both
Houses " sitting in one. I have now before me an extract from p.
61, which distinctly states, that on the " 29th " of April, the " 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.
1 In the recorded copies in Lib. Laws, C. and W. H., p. 106, and
in Lib. W. H. and L., p. 1, it is said, the law was enacted, " with
the advice and consent of the Upper and Lower House." " With
the advice and consent of this general Assembly," according to
the copy in Lib. No. 2. These copies seem to indicate the different
stages of proceeding.
142 THE DAY-STAB.
CHAPTER XIV.
Population of the Province in 1649 — Predominance of the Roman
Catholic Element at the Period of the Assembly — The Honor due
to the Roman Catholic Freemen of Maryland.
If we take the religious elements of the popula-
tion represented in this Assembly ; the difference
will again be in favor of the Homan 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
labors of the Kev. Kichard James, and ot one or
more other ministers of the Anglican church. 1 It
is but just to admit, that most of the Islanders
were Protestants. But the population of Kent was
small. In 1639, if not many years later, she was
but a hundred of St. Mary's county. 3 In 1648, she
paid a fifth part only of the tax ; 3 and did nob
hold, in the Assembly of that year, a larger ratio
of political power.* That also was before the
1 Thanks to the zeal and learned diligence of the Rev. Mr.
Allen, but especially of Mr. Streeter.
2 In 1639, was also erected the "hundred Court of Kent."
Bozman, vol. 2, p. 140.
8 From the Bill of Common Charges at the Assembly of 1648,
I take, as an illustration, " The Clerk's Fees." This item amounts
to 1250 pounds of tobacco, of which " Kent is to pay 250." Lib.
No. 2, pp. 302-303.
4 It was about a fifth, as the following Protest of that year will
show. It is signed by all the members, including Captain
Vaughan, the delegate from Kent ; and Captain Bradnox, and Mr.
Conner, the two freemen from that county : —
The Protest of 1648, New Style.
" We, the freemen assembled in this present general Assembly,
do hereby declare, under our hands -, and generally, jointly, and
unanimously protest, against the laws which are now pretended
to be put in force by the last general Assembly ; conceiving that
they were not lawfully enacted. For that no summons issued out
144 THE DAT-STAK.
return, we may suppose, of all the Roman 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. 1 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. 2 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 Yaughan, 24 voices. Robt. Clarke, proxy, Geo. Akerick, 8,
Cuthbert Fenwick, 3, Walter Peake, 22,
Robert Percy, proxy, 1 Wm. Thompson, proxy, Capt. Price, 9,
John Medley, J Thomas Bradnox,
Phil. Conner, Thomas Thornborough,
Richard Banks, 24, Edward Packer, 3,
Thomas Allen, 6, John Wyatt, proxy, Mr. Brooke,
George Saugher, 6, Edwd.Cotton, proxy, Barnaby Jackson, 9
Walter Waterlen, 2, William Bretton, 4."
Lib. No. 3, pp. 293-294 ; and Bozman, vol. 2, pp. 323-324.
It would seem, then, that in the Assembly of 1648, there were
but 27 votes for Kent, and 130 for St. Mary's.
1 Bill of Charges for 1649, Lib. 2, p. 488.
3 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 PKOVINCE IN 164:9. 145
whole number of free white persons in the pro-
vince. 1
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 Eev. William Wilkinson, of the
English church — the first permanent pastor of the
1 The numbers and resources of the province had been greatly-
diminished by the contest of Col. Clayborne, by the rebellion of
Capt. Ingle, and by various other causes.
Notwithstanding the destruction of so many of the records, and
the lapse of so much time, it is gratifying to think that amid
the twilight of the past, we have still 'preserved for our own
generation, many of the most important lights and landmarks of
history ; and that the population of the province, at the period
of which I am writing, may yet be ascertained with a reasonable
degree of certainty. If we multiply five by the twenty-seven
votes from Kent — the number which represented, in 1648, its
freemen, or the heads of its families — that county will have 135
persons. The same ratio will give to St. Mary's 650. But this
estimate was true of the latter county only at the beginning of
that year. The month of June, there were not less than 110
tithables, or 700 persons in this county. And the return of other
colonists to St. Mary's before the succeeding April, accounts for
the fact, that in 1649 Kent paid but a sixth part of the tax ; at
which time the whole population of the province approached 900,
including the 130 or 140 inhabitants upon the Isle of Kent. For
the levy and assessment of 1648 upon St. Mary's, see Lib. No. 2,
p. 366, and p. 369.
7
146 THE DAY-STAK.
Anglo-Catholic 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 1612, lived the Wick-
liffes, the Cadgers, the Marshalls, and other Epis-
copalians. 1 There also was the earliest home,
1 " 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," 1651— 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
ANGLO-CATHOLICS OF ST. GEORGE'S. 147
though at a period subsequent to 1649, of the
Addisons, of Oxon-Hill, a family which, for more
than six generations, has borne a willing testimony
to the faith of Cranmer, of Ridley, and of Latimer. 1
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 16G7. We are also struck with the fact that the
person selected by the " Protestant Catholics," as the organ of
their petition against Doct. Gerrard, for seizing the "key " to the
chapel (see Bozman, Vol. 2, anno 1G42, p. 199), resided in this
very hundred ; and that he bore the surname of Wickliffe, the
morning-star, in the opinion of our Protestant historians, to the
Reformation of the sixteenth century ; certainly as important an
agent in the production of that event as the great Wesley in the
reproduction of the Oxford theology of the present age.
1 In this hundred lived also Col. Price ; and (I have reason to
think), for a short period, Capt. Banks. But I cannot say what
time they became residents.
148 THE DAY-STAR.
Catholic delegates — assuming that 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 1650. * But it was proper that the
opportunity should he offered them, under the most
favorable circumstances, of acknowledging their
gratitude for so beneficent an administration of the
government ; 2 and of testifying in the most formal
manner, that, under the proprietary's rule, they
were in the enjoyment of a real, practical free-
1 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. Vaughan (another Protestant) was the repre-
sentative from Kent, but sat also in the Upper House. Of the
hundred of St. Mary's, Messrs. Hatch and 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.
3 This they did in a most handsome manner. See Act of Re-
cognition in Bacon and in Bozman.
ROMAN CATHOLICS OF ST. MART'S. 149
•
dom. 1 Even on that occasion, they outnumbered
the Roman Catholic delegates from St. Mary's, by
a majority of one only. 2 And it is but necessary
to add, while one of the most prominent Roman
Catholic delegates of 1649 was elected to the
honorable post of clerk of the Assembly in 1650,
and two others held a seat in that body, not a 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 county. The State itself bears the
1 See the Protestant Declaration.
2 The Declaration itself is quite sufficient. But abundant evi-
dence of the fact is elsewhere preserved.
150 THE DAY-STAR.
name 1 of a Koman Catholic queen. 2 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, 3 The villages and
1 It was once very often written " Marie-Land ;" and St Mary's,
not unfrequently "Saint Marie's." " Terra-Marise " is the name
given to the province in the Latin Charter.
2 Henrietta Mariah, the wife of Charles the First, and daughter
of Henry the Fourth, the great king of France — a name given
also to a daughter of Capt. Neale (a favorite of the Crown),
through whom the Lloyds, the Tilghmans, and many of the other
most distinguished Protestant families of the province, derived
the best Roman Catholic blood. The name itself has come down
through the same channel, consecrated by the recollections and
traditions of many generations ; cherished in the memory, and
enshrined in the heart of more than one living descendant of the
Neales.
3 1 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 Roman 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,
SKIGII-TAM-MOUGII 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 Roman Catholic brethren ; and,
in 16S9, 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, 1 during the year
the original scat of the Puritans (but soon after the home of the
Quakers and of other Protestants), and at the date of the Rent
Roll I have consulted, several times the area of St. Mary's, there
were but three estates with the prefix! And each of these, it
appears, was taken up by gentlemen, who from evidence aliunde,
were Roman Catholics.
1 Skigh-tam-mough and Couna-weza. They were tried at the
September Term of the Provincial Court, at St. Mary's, for the
murder of two negro servants. Gov. Stone, the Chief Justice,
presided ; the Attorney-General, Mr. Ilatton, conducted the pro-
secution 5 and Mr. Fenwick was the foreman of the Jury. The
soene of the murder was near South River ; and the servants, as
well as the plantation where the deed was done, belonged to
Capt. Daniel Gookins — a name distinguished in the early history
of New England. Mary, the servant, who had escaped, 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 THE DAY-STAR.
1653 — a case where religious bias, we may sup-
pose, could exert but little influence on the selec-
tion of the jurors— it would be safe to assert, that,
at least, twelve (or one-half of the panel) were
Koman Catholics. 1 In the cases of Eobert 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.
1 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. e. Messrs. John Steerman, Richard
Banks, John Lawson, Robt. Cadger, John Nichols, Daniel Clocker,
Wm. Edwine, and John Taylor. The faith of the remaining four
is a matter of doubt. See Appendix, No. 3. This trial, we also
know, occurred after the arrival of the Puritans, and the influx of
other Protestant population. The Roman Catholic, therefore,
was comparatively a weaker element, in September, 1653, than
in the month of April, 1649. But even then it was probably
stronger than the whole combination of the Episcopal with the
Puritan, and other Protestant elements. There cannot be a doubt,
CASES OF HOLT AND WILKINSON. 153
and the Rev. ¥m. Wilkinson, 1 in 1659, evidence
of the strongest character appears. For the trial
so far as regards St. Mary's County — the only one involved in the
main point of the inquiry.
1 Indicted, the one for " bigamy ;" the other as an "accessary."
See Lib. S. 1658 to 1662, Judgments, pp. 200-201. They were
indicted separately ; but it was proposed to try them before the
same jury. And they both lived in St. George's. See Indict-
ment. Mr. Thomas Hynson, the ancestor of the Hynsons 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 yt he drew, and
signed as a witness," the paper containing " a release of all claim
of marriage " " to the said Robert ;" upon a confession, from the
wife, of two distinct deeds of infidelity ; and her subsequent
" refusal to be reconciled." There is no doubt of the fact, that
the parson violated the civil law. But how far he was guilty, in
a religious sense (upon proof, if any, of the wife's bad faith),
would depend, not only upon the soundness of the Roman Catho-
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
7*
154 THE DAY-STAE.
of these cases, twelve fit Protestants could not be
found at the provincial court 1 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 ; with spectators, and many
other residents of the province ! 2 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.
1 The fondness for law-suits, mingled with a veneration for
judicial authority, was a striking characteristic of our ancestors.
The most trifling disputes were submitted to the magistrates of the
county, and afterwards to the Appellate Court of the province-
St. Mary's, where the Court sat, was the great place of resort ;
the centre of news ; and the scene of the most important business
transactions.
2 The jurors summoned for the trial were Mr. Thomas Ringgold,
Robert Cadger, Nicholas Young, Daniel Clocker, William Hewes,
Thomas Cadger, James Veitch, Thomas South, John Hamilton,
Thomas Belcher, Robert Blunkhome, and Hugh Bemin. After
the reading of the indictment, " the prisoners allege, y l 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
OVEKZEE VS. COENWALLIS. 155
afterwards a verdict, in another case, 1 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 2 (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.
11 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) 5
" bail " is therefore ordered for their appearance at the next term,
the governor himself becoming Mr. Wilkinson's security. But a
few days later, a proclamation was issued in favor of Richard,
the son of the Lord Protector, including a pardon of all persons
indicted or convicted. P. 215.
1 The case Overzee vs. Cornwallis.
2 The jurors in this case, it would seem, were summoned upon
the spur of the moment, and without the least difficulty. The
Roman Catholic jurors (their faith could easily be proved by the
testamentary and other records) were James Liudsey, James
Langworth, Henry Adams, Richard Will, Philip Land, and a
sixth, whose name I do not this moment remember; the four
taken from the panel in Holt's case (all Protestants) were
Thomas Ringgold, Thomas South (both, I think, residents of
Kent), Thomas Belcher, and James Veitch ; and the remaining
two were Mr. Thomas Hynson, and Capt. Sampson Waring. &ee
p. 201. We might also take, at randon, a jury, on p. 188 ; and
from various records conclusively show, that one-half, if not more
of them, were members of the church of Rome.
156 THE DAY-STAR.
But the wills furnish the best clew to the faith
of our early ancestors — precious memorials of the
past — ripe harvest-fields of rich historical 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 spirit of parental affection, in all its depth and
wild intensity. They point from the rude home,
where the weary pilgrim of the forest lies down to
die in his humility, to a bright and everlasting
mansion prepared for him in the skies ! This day,
they speak — voices from the dead — a willing 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 Roman
Catholic than from a Protestant source. The will
of William Smith, one of the original pilgrims of
1634, appears upon the first page of the oldest
testamentory record at Annapolis; and contains
the living evidence of his faith in the church of
Eome. It would be difficult to give all the
recorded confessions, or the half of those little tes-
ROMAN CATHOLIC WILLS. 157
timonials of love and fidelity, which were be-
queathed to the same church, during the fifty
years succeeding the settlement at St. Mary's.
But it will be sufficient to say, the Roman Catholic
greatly exceed the number of Protestant wills ; x
and of the latter (or those having any sort of anti-
Roman-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 Roman 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
1 I have examined most of the wills anterior to 1650, including
those from Kent Island. And as far as any result may be based
upon so general an inquiry, I find the Roman Catholic (or those
either having upon their face a Roman Catholic mark, or known
from other evidence to have been signed by Roman Catholics) bear
to the Protestant wills in both counties, a ratio of not less than
four to one. Messrs. Fenwick and Manners are the only burgesses
of the Assembly in 1C49, whose wills are preserved. It is not
unworthy of note, that both papers are strongly marked Roman
Catholic ones.
158 THE DAY-STAK.
none whatever with regard to superior influence.
Even, in 1650, St. Mary's hundred was represented
by two disciples of the Roman church ; and there
also was the seat of the proprietary's government.
In St. Michael's, were the three manors of
Governor Leonard Calvert, to say nothing of other
evidence. Doctor Thomas Gerard was the lord of
two large manors, in St. Clement's ; and Newtown
had more estates with the prefix of St. 1 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, 2 with the manor-house, 3 or
supposed seat of one of the interesting little
Roman Catholic missions.
Nor ought the activity of many of the priests,
in converting the Protestants ; or the large number
of emigrants they also had introduced ; 4 be omit-
1 Rent Roll for St. Mary's and Charles, vol. 1, Newtown hun
dred.
2 Sec Rent Roll, St. Inigo's manor.
3 St. Inigo's House was the residence of Father Copley. See
Lib. No. 1, pp. 212-13, and p. 500.
4 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. But the very reproach implies a con-
cession. Before the year 1649, they labored with
their lay-assistants, in various fields ;* and around
their lives will for ever glow a bright and glorious
remembrance. Their pathway was through the
desert ; and their first chapel, the wigwam of an
Indian. 2 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.
1 We have no complete catalogue of the Eoman 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 16-19 ; probably about the time of Parson
Wilkinson's arrival.
2 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 i 1 they came to St. Mary's with the
original emigrants ; they assisted, by pious rites, in
laying the corner-stone of a State ; they kindled
the torch of civilization in the wilderness ; they
gave consolation to the grief-stricken pilgrim ; they
taught the religion of CHRIST to the simple sons
of the forest. The history of Maryland presents
no better, no purer, no more sublime lesson than
the story of the toils, sacrifices, and successes of
her early missionaries. 2
Looking, then, at the question, under both of its
aspects — regarding 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 Roman church. To the
Roman Catholic freemen of Maryland, is justly
1 The Jesuit Fathers, who came in 1634, were the Rev. Messrs.
White and Aitham. 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. McSherry, 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 DAT-STAR.
CHAPTER XT.
Cecilius, the Lord Proprietary. His Life, Character, and Family.
If the founders of our political liberty — if the
signers of the Declaration of Independence — now
receive the admiration and the homage of the
civilized world ; the early law-givers of Maryland
— the originators of our religious freedom — have
clearly a right to some place upon the page of
American history.
Happily for the present generation, something is
yet known, not only of the proprietary and the
first governor, but also of almost every member of
the Assembly, in 1649.
The Calverts of England derived their descent
from a Flemish noble family. Their armorial
bearings are traced to a very remote period ; but
the meritorious services, for which they were
granted, or the honorable deeds they commemo-
rated, cannot now be fully ascertained. They are :
paly of six, or and sable, a b&nd counterchanged /
CECILTUS. 16
Q
and Avere engraved wpon tlie early seal of the
province, 1 occupying the first and fourth quarters
of the escutcheon. They are also borne by the
English Calverts now living at Albury Hall, and
at Hunsdon in Herts. 2 And they reappear, after
the lapse of many years, upon the present seal of the
State. George, the father of Cecilius, was born in
Yorkshire, about the year 1582. He represented
that county in the Parliament in 1620 ; and Oxford at
a later period. 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 ; 3 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
1 According to Lord Baltimore's instruction (see the Com-
mission for the Great Seal, Bosman, vol. 2, p. G52), six pieces
were requisite. But upon the provincial Seal, there were, in
point of fact, but five — the result, I presume of the engraver's
mistake or carelessness— and a defect, I find, perpetuated by our
new Seal, which follows the provincial too closely in that, but
not enough so, it strikes me, in some other particulars — an opinion
submitted with unaffected diffidence.
a Burke's Dictionary of the Landed Gentry.
3 Kennedy's First Lord Baltimore.
164: THE DAY-STAR.
Newfoundland, where lie 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. 1 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.
CECTLICS. 165
great aosurdity), tlie whole administration was
distinguished for its mild, and just, its beneficent,
and paternal character. Tradition, also, has given
him the appellation of Pater Patriae. And the jour-
nal of the Assembly, 1 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. u Halcyon " 2 was the period ;
1 McMahon's Maryland.
2 A word used by many Protestants,, soon after the overthrow
1GG THE DAY-STAR.
and happy the people. Unfortunately for his
memory, no artist lias 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 /Shakamaxon* 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 ; 3 and for the light he has shed
upon the controversy, I also am under much obli-
of the proprietary's government, in 1GS9 ; and applicable to the
days of Cecilius as well as to those of Charles.
1 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.
8 Where a part of Philadelphia now stands.
3 Mr. S. F. Streeter.
CECILIUS. 167
gation. It seems the principle upon which the
founder of the Kent Island settlement had based
his claim, was not without some support, in a
clause of the Maryland charter. 1 It appears, also,
with great force, in the case of the early Dutch and
Swedish settlements upon the Delaware ; and in the
one decided about a century later, it is indirectly
sanctioned, so far as regards the ground of prior
occnpancy, by the celebrated opinion of an English
chancellor. 2 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-
1 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.
2 Lord Hardwick. See Reports, 1 Vesey, Sr., pp. 444-456. This
decision virtually settled the long and tedious controversy between
Maryland and Pennsylvania.
168 THE DAT-STAR.
founded the question of jurisdiction with the right
to the soil ; and Maryland could not consent to the
exercise by Virginia of any sovereignty over the
Isle of Kent. !Nor was Clayborne, as the occupant
of land there, justified in retaining his 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 English crown. 1
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. 3
Cecilius died in 1675. As early, however, as
1662, he sent Charles, his son and heir, who lived
1 It has been said, the charter to Lord Baltimore for territory
■within the original limits of Virginia invaded the rights of that
colony. But the one given to Virginia was taken away, however
unjustly, before the date of Lord Baltimore's.
2 It was against a well established principle in the policy of
nations, to recognize a title, without a previous sanction from the
Crown, of which the purchaser was a subject. Such is also the
law of the United States.
CECELIUS. 169
many years in the province, a part of the time at
Mattapany-Sewall ; ' sharing the fortunes of the
other colonists ; and marrying the widow 2 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 amid many embarrassments, leaving,
both as a governor and a proprietary, the indelible
foot-prints of an able, a wise, and a just administra-
tion. From Charles is traced the descent of the
other proprietaries 3 now represented by the Cal-
1 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 Missions ; but subsequently
relinquished by the Missionaries ; and given by the Proprietary to
the Hon. Henry Sewall, the privy councillor. The Mansion
during Lord Charles Baltimore's residence, was the Government
House of the Province. There, also, once stood a fort and a
magazine.
8 Jane, the widow of the Honorable Henry Sewall, the privy
councillor, and the ancestor of the Sewalls of Mattapany-Sewall,
including the descendants at Poplar-Hill, Prince George's County.
8 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, at this time, are under the impression that
John, instead of Charles, was the third baron of Baltimore. The
following statement consists of facts derived from the provincial
records, from the State Law Reports, and from other sources of
8
170 THE DAY-STAK.
verts of Prince George's County — George and his
brothers being the grandsons of Benedict, the son
of the fifth baron, 1 and who bore the baton in his
escutcheon. Mount Airy, in the same county, has
been the family seat, for several generations. May
it Ions; remain the home of the Calverts ! 2
the most reliable character. George was the first baron ; Cecilius
the second baron and the first lord proprietary 5 Charles I. the
third baron and second proprietary ; Benedict Leonard, the fourth
baron and third proprietary ; Charles II., the fifth baron and fourth
proprietary ; and Frederick, the fifth proprietary ; at whose death,
for want of legal issue, the barony became extinct ; but he gave
the lord-proprietaryship to his natural son, [ Henry Harford, a
highly accomplished gentleman, and whose authority, at the
period of the American Revolution, was represented by Governor
Robert Eden.
1 There is also a branch at Riversdale, near "Washington ; and
another at Newport, R. I. ; both offshoots from Mount Airy.
2 Nelly, the daughter of Benedict, was married to Mr. Custis.
The letter of General "Washington, the guardian of the gentleman
who had sought her hand, is published in Sparks's Collection, vol.
2, p. 371.
GOVERNOR CALVERT. 171
CHAPTER XYI.
Governor Leonard Calvert.
The planting of a colony, amid the dangers and
privations of a wilderness, from the most ancient to
a comparatively modern period, assumed a high
rank among the "heroical works" 1 of man. In
the history of Maryland, we see the nnion 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. 3
The brother of the proprietary — young, but dis-
1 Lord Bacon.
3 He also bore the baton in his escutcheon. See Hildrcth, Vol. L
p. 209.
172 THE DAY-STAR.
creet ; full of confidence in his own strength, yet
fondly relying upon a higher power ; devoting his
life and fortunes, in the most energetic and 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, 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
accordingly instructed Governor Calvert to gather
up the wreck of his private property ; apparently
abandoning for ever his rights under the charter. 1
But the courage of Calvert was not subdued ; his
energy, at the most trying crisis, was not wantiug.
Fledging the personal resources of the proprietary,
and making another effort, he succeeded. To him
is due the honor of re-establishing the government,
against the most fearful odds ; and of securing the
field, which had been lost, for a fair experiment of
those principles of religious liberty, which have
since become the pride and boast of Maryland.
Although his death occurred before the year 1619,
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-
1 McSherry.
174: THE DAY-STAR.
stone cannot be found ; and our ignorance of the
spot is a reproach to the living generation of
Marylanders. But he was " a great and good
man," more illustrious for what he founded than
the most successful generals for what they have
overthrown and destroyed. 1 The sincerity of his
faith in the Church of Rome has never been ques-
tioned. 2
1 HcSherry.
2 1 have no knowledge of his posterity ; and doubt if he was
ever married.
GOVERNOR STONE. 175
CHAP TEE XVII.
Governor William Stone.
The ancestors of Gov. William Stone probably
resided in Northamptonshire, in England. 1 But
he had one, if not several kinsmen 2 at London.
1 His earliest American residence of which I have any recorded
knowledge, was in Northampton County, Va. ; Nanjemy River,
upon which stood his manor, in Charles county, Md., bore, about
the time of the original survey, the name (Lib. No. 12, p. 116) of
Avon ; and Mr. Thos. Sprigg, of Prince George's county, whom in
his will (Lib. No. 1, 1635 to 1674, p. 90) he calls " brother," held
a tract (Liber, Wills, T. B., No. 2, p. 444) also named Northampton
I am inclined to think, the governor gave the name to Northampton
county.
2 He had (Lib. No. 2, pp. 313, 314) a near relation at London,
whose very street is given, and whose name was Thomas ; and
one of the divisions of Nanjemy 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 -STAR.
And we may suppose he came from that city to
America. He was the high sheriff in one of the
counties of Virginia, "before he received his com-
mission from Lord Baltimore. The early part of
1649, he arrived in Maryland ; and the same year,
brought six persons into the province. 1 It seems
also he took a kind and active part in securing a
home for the Puritans from Virginia. 2 At the
Assembly of 1649, he presided over the privy
councillors, when they sat separately from the
burgesses ; and over both branches when the mem-
bers assembled in one body. In 1652, his unhappy
contest began with the Puritan party. 3 The Eng-
upon the records there, and thus to establish the identity of his
with one of the other families ; as well as to ascertain his own
arms. For the armorial bearings of the different families of
Stone, see Burke's General Armory.
1 Lib. No. 2, p. 425.
2 Such is the opinion of a very respectable authority. It is also
certain (see his commission for the office of governor, in Bozman)
that he had undertaken to introduce 500 persons. But I have
never seen the proof of the fulfilment of his engagement, nor the
reasons of his failure.
3 Many of the facts of this sketch not directly taken from
the Records, will be found in Bozman's Maryland, to which I must
refer my readers for a long but interesting, and in most respects
strictly accurate account of the controversy.
GOVERNOR STONE. 177
lish parliament had sent out commissioners, with
instructions to bring under subjection the colonies
upon the Chesapeake ; and the governor was ready
to acknowledge the authority of the home 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, 1 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-
1 The battlefield, it is supposed, was at the site of Fort Horn,
nearly opposite Greenberry 's Point, where stood the first Puritan
town. See Leonard Strong's " Babylon's Fall," and Langford's
"Refutation," Ridgely's "Annals," and other authoVities. In
another note, I have noticed the origin of the town.
8*
178 THE DAY-STAE.
cuted several; and, in cold blood, shot William
Eltonhead, a privy councillor, a Roman Catholic,
and a near relation of Mr. Fenwick. Through the
earnest intercession of some of their own soldiers,
the governor was rescued from the fate of Charles
the First ! The estates of the prisoners were next
sequestered ; heavy and cruel fines inflicted. And
the governor was one of the greatest sufferers,
through the agency of the very men whom, but a
few years before, we have good reason for believing,
he had so generously befriended. Some time after
the restoration of the proprietary's government,
he was a privy councillor ; and, throughout his
wdiole life, sustained a high reputation for integrity
and honor. Soon after his arrival, he lived in St.
Michael's hundred; the latter part of his life, upon
" Poynton Manor," then called Nanjemy; a part
of which had been granted, in consideration of his
" good and faithful services." 1 At his death,
which occurred about 1660, he had a house also at
1 Lib. Q. pp. 179-180. The original patent embraced 5000 acres ;
and was held of the " honor of West St. Mary's ;" with the usual
powers and privileges of a manor, including that of holding the
court-leet and the court-baron.
GOVERNOR STONE. 179
St. Mary's city. He left many children ; ' whose
posterity also resided upon the Manor. And most
of his descendants, like himself, 2 were Protestants ;
including the Et. Eev. William Murray Stone, 3 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, 4 his great-great-grandson, having
signed the Declaration of American Independence;
Michael Jenifer, the brother of Thomas, having
1 Verlinda was his wife ; and Thomas, Richard, Elizabeth, John,
Mathew, Catharine, and Mary, were some of his children. See his
will (Lib. No. 1, 1635 to 1674, pp. 90-93),) where he names also
his brother-in-law, Francis Doughty ; and Richard, the uncle of
his son, Richard Stone.
2 See Signers of the Protestant Declaration.
3 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 granduncle of Frederick, it is well known, was
the son of David, who died about 1772. And it can be proved
from the testamentary, and other records, that David was the
son of Thomas, and the grandson of John, the son of the 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-STAR.
been a member of the Convention which, in 1788,
ratified the Constitution of the United States ; and
John, another brother, and who had been wounded
at Long Island, having held the post of governor,
in this State, nearly a hundred and fifty years after
the date of the commission from the proprietary
for the same office, to William, the emigrant.
And Frederick, now living at Port Tobacco, and a
descendant of the sixth degree, through Michael
Jenifer, from the early provincial governor, is one
of the commissioners engaged in the grave work
of reforming the practice of the courts in Mary-
land.
GOVERNOR GEEEN. 181
CHAPTEE XYIII.
Governor Thomas Green.
Governor Green was one of the pilgrims of
1634/ and the intimate friend of Governor Calvert.
He was a privy councillor, as early as 1639 ; and
for many subsequent years. The two short periods
he held the post of governor are involved in too
much obscurity to warrant any important inference,
beyond the fact of his sincere attachment to the
interests of the royal family at home. 2 Governor
Calvert appointed him, upon his death-bed, simply
to supply a vacancy, in 164/T. 3 Under Governor
Stone's appointment, he was also the chief execu-
tive, a part of 1649. Of his faith, there is no
doubt. One of his children was the namesake and
godson of the first governor. 4 And, in a trust-deed
1 Lib. A. B. & H., p. 67 ; and Lib. No. 1, p. 41.
2 See the proclamation in favor of Charles the Second, in 1649,
Bozman, vol. 2, p. 670.
8 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. 1 He was several times married, and lived, it
would seem, a short time before his death, in
Virginia. He had four sons. 2 His descendants
resided in Charles County, at a period not long
before the American Revolution. And some of
his posterity 3 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.
1 Lib. No. 1, pp. 188-189.
2 See his deed to Messrs. Adams & Langworth. Their names
were Thomas, Leonard, Robert, and Francis. He had also a
brother named Robert. See Lib. No. 2, p. 444.
3 Green's Inheritance was one of the tracts held by them.
COL. PRICE. 183
CHAPTEE XIX.
Colonel John Price.
The year of Colonel John Price's arrival is
involved in doubt. 1 But in 1639, 2 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 164S. 3 The same year, he was appointed a
privy councillor. He was distinguished for his
fidelity, during the insurrections and rebellions
beginning in 1645. And perhaps to his 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
1 Several persons of his name came about the same time.
2 Bozman.
3 Bozman, vol. 2, pp. 652.
184 THE DAY-STAK.
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. 2
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 ; 3 short,
indeed, yet full of pith, and directly to the point.
Those upon the bench are equally brief; but still
1 Lib. No. 3.
2 "I give and bequeath," he also says, "unto my loving friend,
Mr. William Wilkinson, the sum of 350 pounds of tobacco, for the
preaching of my funeral sermon." His daughter was named Ann.
See the Will, Lib. No. 1, 1635 to 1674, p. 141.
8 Witness his pithy opinion against the revolutionary manoeuvre
of Gov. Fendall. See Council Proceedings.
COL. PRICE. 185
distinguished for their strong and clear sense of
justice. The sword, however, and not the pen,
was the emblem of his greatest excellence. It
was in the garrison and the field, rather than at
the council-board, in the march against the
Indians more than in the delivery of judicial
decisions, that we find, he was conspicuous. But
we have every reason to believe, the part he took
in the Assembly of 1649, was in the highest degree
honorable to his memory. Of the posterity of this
rude and unlettered, but still genuine cavalier of
St. George's hundred (for there he resided the
latter part of his life), nothing is known beyond
the mention of a daughter in his will.
186 THE DAY-STAR.
CHAPTER XX.
Honorable John Pile.
The Honorable John Pile 1 was probably a
native of Wilts. And his residence upon the
"Wicomico, in Maryland, granted for " good and
acceptable services," consisting of four hundred, 2
but subsequently of a thousand acres, 3 bore the
name of Salisbury* It was the home also of his
posterity for several generations. Before 1648, he
1 The appellation of " Honorable " was given at a very early
period, to the members of the Privy Council, and to the Judges
of the Provincial Court. The name of Mr. Pile is, in some places
upon the Record, spelt Pyle — at others, Pille.
2 Records of the Land Office, Lib. Q., pp. 447-448.
3 Rent-Roll for St. Mary's and Charles, vol. 2, fol. 371.
4 It is generally called " Sarum " — another name only for the
old borough in Wilts, where also, about two miles distant, is the
city of " New-Sarum," or Salisbury. In Liber S., 1G58 to 1662,
•'Judgments" (see p. 221), the plantation is called " Salisbury."
Salisbury was the name also of another tract held by the privy
councillor's son. See Joseph's will," Testamentary Records at
Annapolis, Lib. No. H., pp. 64-65.
HON. MR. PILE. 18T
arrived, with his wife ; x and under his immediate
care, during that year, came also the Tettershalls, 8
his relations, 3 professing the same faith, 4 and appa-
rently from the same English county. 6 In 1649
3 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 16G0. See Records of the Court of
Appeals, Lib. S., 1658 to 1662, Judgments, p. 221.
3 Their names were William and Mary. Records of the Land
Office, Lib. No. 2. pp. 508-509.
3 The privy councillor frequently calls William Tettershall his
" brother." E. g., see Lib. S., 1658 to 1662, " Judgments," p. 1072.
He also calls Lieut. Col. John Jarboe his " brother." Land Office
Records, Lib. No. 1, p. 247.
4 William TettershalFs 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."
5 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, lie sat in the privy council; 1 but his
commission is dated in 1648. 2 One of his descen-
dants, it is said, became a Eoman Catholic clergy-
man ; and another a nun. 3 Of the sincerity of
his own faith, we have the recorded evidence.
During the ascendency of the Puritans, at the
period of a bitter persecution, he comes forward ;
and " confesseth himself in court to he a Eoman
Catholic " — acknowledging " the Pope's supre-
macy."* 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.
1 See certificate prefixed to the Declaratory law of 1C50,
Records of the Land Office, Lib. No. 3, p. 45.
2 Bozman, vol. 2, p. 650.
3 The Testamentary Records also show how fondly attached
were the Piles of Maryland to the faith of their forefathers. See,
c. g., the will of Joseph, in 1692.
4 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 Pole's supremacy." See Lib. No. 3. p. 161.
IION. MK. TILE. 1S9
Mary. 1 His son died in 1692, a giving Salisbury
to Joseph, the only grandson, and leaving Sarah
with two other descendants. His grandson, whose
will is dated in 1724, divided the family seat
between the five great-grandchildren, Joseph,
Bennett, Ann, Elizabeth, and Mary. 3 Of Joseph,
the privy councillor's great-grandson, there is an
entry upon the records, as late as 1T38. 4 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.
1 Records of the Court of Appeals, in the Armory of the State
House, Lib. S. 1658 to 1662, Judgments, p. 221.
2 Will of Joseph Pile, Lib. No. IL, pp. 64-65.
3 Will of Joseph, the grandson, Lib. "W. B. No. 1, pp. 312-313.
The testator also calls John Parnham his " brother."
4 He was one of the witnesses to the will of John Parnham,
dated in 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-STAB.
CHAPTER XXI.
Captain Robert Vaughan.
Captain Yatjghan held land upon Kent Island, 1
upon Langforcl's Bay, 2 and upon the Chester
River. 3 One of the tracts taken up by him, was
called "Ruerdon," and another "Kimbolton" — the
name also of a small town in Huntingdonshire,
England. He was one of the Protestant members 4
of the privy council, in 1649 and 1650. In 1638,
he held the office of constable 5 for St. George's
hundred, in St. Mary's County — a post, at that
time, not below the dignity of a gentleman. In
1612, he was one of the representatives 6 in the
General Assembly, from the Isle of Kent. He
1 Rent Roll for Talbot and Queen Anne's, vol. 2, fol. 299. .
2 Records of the Land Office, Lib. Q. p. 333.
3 Lib. Q., p. 338.
4 See his signature to the Protestant Declaration.
5 Bozman. vol. 2, p. 45.
G Lozman, vol. 2, p. 215.
CAPT. VATTGHAN. ' 191
also represented the Island, during many subse-
quent sessions of the Legislature. In 1617, he, was
the commander, 1 or viceroy, of Kent. In 161:8, he
received two commissions 2 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 November, during
the same year, he was removed from the com-
mandership of the Island, 3 in consequence of his
disrespectful language towards Governor Green;
but re-instated, upon the offer of an apology.
Having become involved in a dispute with the
commissioners of the County Court, he asked and
received their forgiveness also. 4 In 1652, com-
plaints were expressed by the inhabitants of the
Island. 5 "We cannot say what they were. But he
1 Bozman, vol. 2, p. 304. a Bozman, vol. 2, pp. 649 and 653.
' Bozman, vol. 2, p. 660-661.
4 See Record of the County Court, at Chestertown, in the
Clerk's Office, marked " Court Proceedings n (a fragment only of
it remains), and beginning in the year " 1647."
6 See Bozman, vol. 2. p 453-454. But Mr. Bozman is mistaken
•
192 THE DAY-STAR.
was soon afterwards removed from the office of
commander, by Richard Bennett, and the other
commissioners appointed by Governor Stone. The
office he had held, somewhat analogous to that of
lieutenant-general, was one of the most honorable
within the limits of the province. 1 He had exer-
cised the power of granting land-warrants ; but
foiled to transmit a copy of his record 2 — an omis-
sion which nothing could justify, and which we
can excuse 3 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.
1 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.
2 Bozman, vol. 2, p. 460-463.
3 In extenuation of Capt. Yaughan'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. x The date of Capt. Yaughan's
death cannot be given. But he left two children :
William, 2 who died in 1681: ; and Mary, the wife
of Major James Ringgold, 3 of Huntingfield. Wil-
Robert Clarke, a Roman Catholic, did not make a due return, in
1652, of the certificates from that county, and from Kent.
1 Bozman, vol. 2, p. 463.
2 The will of William Vaughan is recorded in Lib. G-. See p. 64.
He desires his friends to bury him " near ye body of his deceased
father ;" requests Major Ringgold to be the " guardian " to his two
little children ; and gives his daughter a tract of 200 acres upon
the Island, and which is still called " Parson's Point ;" but does
not name either of the children — speaking of them, simply, as his
"son'' and " daughter." He divides the rest of the estate
between his wife and two children.
3 The following is an extract (see Lib. G., pp. 232-233) from the
will of Major Ringgold: "I give and bequeath unto my son,
James Ringgold, the plantation I now live on, provided that my
son, Thomas Ringgold, shall refuse to set him out 300 acres of
land, at the northernmost bounds of 600 acres of land given by my
father, Thomas Ringgold, deceased, unto my said son Thomas,
before his death. And whereas my son, James Ringgold, is now
the heir apparent unto Captain Robert Vaughan, late of Kent
County, deceased — being the eldest son of the now only daughter,
and heir of him. the said Vaughan— my will and intent is, that in
194 THE DAY-STAB.
Ham also left two children, who both died without
issue. But the privy councillor was represented
by James, 1 the son of Major Ringgold, and who
died upon Kent Island, about 1705, leaving three
children. 2
case he, the said James, comes to enjoy the same, that then my
aforesaid plantation mentioned in this fourth Article, as also the
300 mentioned in the same Article, be and remain wholly to my
son, Thomas Ringgold, and his heirs, for ever." Thomas, it -would
seem, was the son by a previous marriage. William, John, and
Charles, appear to be fall brothers of James.
1 The will of James Ringgold, of Kent Island, then a part of
Talbot County, is dated in 1704. See Lib. T. B. No. 2, p. G60.
He names his three children, Moses, Mary, and James.
3 Thomas, the emigrant, and the ancestor of the Ringgolds of
Kent Island, of Huntingfield, of Chestertown, and of Fountain-
Rock, resided upon the Island, was a cotemporary of Captain
Vaughan, and sustained a responsible position upon the bench of
the County Court. His son, Major James Ringgold, about 1680,
founded New Yarmouth, which stood upon Gray's Inn Creek, and
where the courts of the county were once held. For a period of
more than two hundred years, the Ringgolds have been one of the
leading families of Maryland. They are distinguished in the 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. ME. CLARKE. 195
CHAPTER XXII.
The Honorable Robert Clarke.
The Honorable Robert Clarke arrived within
four years 1 of the settlement at St. Mary's; and, in
the shipment of goods for the Indian trade, he
represented a Eoman Catholic missionary, as early
as 1639. 2 The same year, he sat as a freeman in
the legislature ; 3 the following, was a deputy sur-
veyor; 4 and in 1619, the surveyor-general of the
province. 5 He was not included in the commis-
sion of 1643 for the privy council. But there is
1 One of the records states he came in 1C37 ; another, in 1638.
See Land Office Records, Lib. Xo. 1, p. 71 ; and Lib. No. 2. p. 425.
8 The Reverend Thomas Copley. Land Office Records, Lib.
No. 2, p. 38.
3 An individual, not a delegate. Into some of our early assem-
blies, the representative system was but partially introduced.
Bozman, vol. 2, p. 103.
4 Lib. Xo. 1, p. 72.
8 The commission (see Bozman, Yol. 2, p. 339) is dated in 1648 ;
but he did not immediately enter the office.
196 THE DAY-STAR.
evidence of the fact, that he sat in that House of
the Assembly, in 1649, and in several subsequent
years. 1 Many of the certificates signed by this
surveyor-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, 2 at the head of the
Wicomico, intended (such was the paternal policy
of the feudal proprietary) for a secure "habita-
tion " 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
1 The documents, in a preceding part of this volume, prove be
was a member 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 165 4-, 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.
3 The " six nations " who had desired to be under the proprie-
tary's prote«tion, and for whom, as copyhold tenants, this manor
wa3 intended, bore the names of Mattapanians, Wicomocons,
Patuxcnts, Lamasconsons, Highahwixons, and Chopticons. See
Bozman, vol. 2, p. 675.
HON. MR. CLAEKE. 197
the Roman Catholic Church. 1 Upon a previous
surrender, at the battle near the Severn, he was
taken prisoner by the Puritans ; 2 and then treated
as a rebel. Tried by a " council of war," but
saved " by the petitions of the women," 3 he was
next lined ten thousand pounds of tobacco. 4 Un-
able to pay the mulct, he assigned various bills
to the amount of three thousand ; and surrendered
his plantation upon Britton's Bay. 5 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. 6 In 1657, his bond was
1 " 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. 15 C. This was many months after
the battle near the Severn.
2 Bozman, vol. 2, p. 527 ; and Records of the Land Office, Lib.
No. 3, p. 1G3.
" Bozman, vol. 2, p. GS8.
4 Land Office Records, Lib. No. 3, pp. 15G and 157.
6 Same Liber, pp. 15G, 157.
The following is the order passed by the court in 1G5G :—
" Whereas Robert Clarke, Gent,, hath petitioned to this court for
198 THE DAY-STAE.
required. 1 He never succeeded in reclaiming his
fortunes ; and, in his will, dated in 1664, there ap-
pears but little property. 2 His posterity was dis-
persed through various parts of the province ; and,
in 16S6, died his eldest son, John, a resident of St.
Mary's County, holding land upon a branch, of
St. Thomas's Creek, 3 in Charles County ; and leav-
ing John, Robert, Benjamin, and two other chil-
dren. 4 The only marriage of the privy councillor
some relief in his exceeding deep distress, not having any way of
subsistence for himself and children ; the court taking it into
consideration, have thought fit and ordered that the plantation
of the said Clarke, formerly made over unto the public for part
of satisfaction of a fine imposed upon the said Clarke for his late
rising up in arms and other great crimes at that time committed,
be delivered into the hands of him the said Clarke for his present
relief, without which he is likely to perish. And further, if the
said Clarke should sell the said plantation, that then he is to pay
the one half of what it shall be sold for, in part of the said fine,
when it shall be demanded." Lib. No. 3, pp. 178, 179.
1 Land Office Records, Lib. No. 3, p. 317 ; and p. 349.
2 He names his children, John, Robert, Thomas, and Mary.
Gives the most of his estate to John ; and half the value of a
horse " to the Church." See his will, Testamentary Records at
Annapolis, Lib. No. 1, 1635 to 1674, pp. 217-218.
3 Rent-roll for St. Mary's and Charles, vol. 2, fol. 314 ; and
Land Office Records, Lib. No. 6, p. 223.
4 See will of John, Lib. G. p. 193. The name of Clarke occurs
«
HON. MR. CLARKE. 199
mentioned upon the records, was the one to Jane,
the widow 1 of Nicholas 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. EL, p. 43 ; John, Lib. H. p. 177 ; Robert,
Lib. T. B., p. 375 ; John, Lib. J. C.— W. B., No. 2, Part 2, p. 32 ;
Thomas, Lib. W. B., No. 5, p. 375 ; Edward, Lib. W. B., No. 6,
p. 8 ; William, Lib. T. B., No. 1, p. 51 ; Thomas, same Liber,
p. 2S0 ; 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) 5 and who was probably one of the Hon. Robt. Clarke's
descendants. John's, in Lib. H., on p. 48, is dated the 7th of
May, 1680, " according to the computation of the Holy Catholic
Church."
1 Land Office, Lib. No. 7, p. 132.
200 THE DAY -STAB.
CHAPTER XXIII.
The Honorable Thomas Hatton.
The Honorable Thomas Hatton, it would seem,
was the son of John Hatton ; and, there is hardly a
doubt, lived at London, 1 before his arrival. It is
said, his family (which came in 164S 2 ) had sprung
from that of Sir Christopher Hatton, the lord
1 John Hatton — a "brother, I presume, of the secretary — in his
will of 1651 (see Records at Annapolis, Lib. No. 1, 1G35 to 1674,
p. 519) speaks of his "late father, John Hatton ;* 7 of his brothers
Thomas, Samuel, and nenry ; 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 5 and the testator, although then on a visit to
Maryland, resided at London. The godfather of the secretary's
son, Thomas, was " one of the clerks in the Six-Clerks' Office,
Chancery Lane," in the same city. See the silver spoon given,
about 1650, by the godfather, Thomas Motham, on p. 186, Lib.
No. 1, Records of the Land Office.
2 The secretary himself states, that he came, with his wife, his
two sons (Robert and Thomas), and his three white servants, in
1648 ; and that the following year arrived, under his auspices, the
widow, and William, Richard, Elinor, and the other children of his
HON. ME. 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, 1 but also by that sense of beauty, 2 which
was a characteristic not less of the honorable
deceased brother Richard. Land Office Records, Lib. No. 2,
p. G13.
1 " Sir Robert Hatton was a brother," says Burke, " 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. 12S7. The names also of Richard, Henry, John, William, and
Sarah, occur both in Burke and upon our early records. Thomas,
indeed, is found frequently in the history of the English, as well
as of the provincial family.
2 The following note from the secretary, introducing Mr. John
De Courcy (then written Coursey), is a fine specimen of the
author's style — a model both of terseness and of elegance. John
De Courcy was a brother of the Honorable Henry De Courcy ; and
subsequently the clerk of Kent County :
" Mr. Bradnox, — The bearer hereof, Mr. John Coursey, upon
the invitation of some friends, comes amongst you to try his fortunes
at Kent. His quality and good carriage will, I know, purchase
respect from all ; and especially from yourself and Mistress Brad-
nox, whose courtesy and respect to strangers, especially to those
of the better sort, hath never been wanting. And, therefore, I
shall not need to use many words of commendation in his behalf.
9*
202 THE DAT-STAK.
secretary of Maryland than of the distinguished
statesman of England. The armorial bearings of
the Iiattons of London were : — "Argent, three
h urts, each charged with a bend of the first / on a
chief vert, an eagle displayed or." And their crest
was : — " A demi-bear rampant sable." x
Besides the offices of secretary and of privy
councillor (the commissions for which were dated
on the same day, 2 in the year 1648), he held the
post of attorney-general of the province. 3 Like
the other councillors appointed in 1648, he went
, into office, it would seem, at the commencement of
the Assembly, in 1649. It is supposed he brought
from England the draft of "The Act concerning
Religion." The official power and rank conferred
But desiring, with my wife, to be kindly remembered to yourself,
and Mistress Bradnox ; Rest ;
" Your assured, loving friend, Thomas Hatton,
" St. Mary's, Feb. 1653.
" The superscription — To his much respected friend Mr. Thos.
Bradnox, at the Isle of Kent, in Maryland." See Court Record,
at Chester-town, commencing in 16-17.
1 Burke's General Armory.
2 Bozrnan, vol. 2, p. 049, and p. 651.
3 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. 1 The
present secretaryship of State is but the shadow of
the original office, under the dominion of the first
lord proprietary. Although there is no evidence
of the contingency, upon which he was authorized-
to act, we know he also received a commission
appointing him to the post of governor. 2 In 1652,
about the beginning of the revolutionary measures
under the commissioners from the English com-
monwealth, he was removed from the secretary-
ship; 3 re-instated in July, the same year; 4 and again
deprived of the office, in the month of August,
1654. 5 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
1 The secretary sat, not only in the privy council, but also upon
the bench of the High Provincial Court. And great weight was
attached to his opinions. The office also of chancellor was usually
annexed to the secretaryship.
2 The latter part of 1649, Gov. Stone having occasion to be
absent from the province, appointed Thomas Green governor ; in
case of his refusal, Mr. Hatton. Bozman, vol. 2, p. 377. In 1650,
also, I perceive, he was appointed. Lib. No. 2, p. 615.
3 Bozman, vol. 2, p. 681.
4 Bozman. vol. 2, p. 682. 6 Bozman, vol. 2, p. 685.
204 THE DAY-STAR.
other reasons then reduced to writing, but now
unfortunately lost, he refused to sit in that body. 1 At
the battle of 1655, in the service of the proprietary,
he lost his life. An order was issued for the " 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 fidelit} 7 . 2 Remarkable not more for mode-
ration than for decision ; discharging his duty in
every private and official relation ; a Protestant, 3
but not a bigot ; the ornament of his own faith,
but distinguished for his loyalty to the charter, and
to the person of the Roman Catholic proprietary ;
1 Eozrnan, vol. 2, p. 508.
2 Bozman, vol. 2, p. C98.
3 He was one of the signers of the Protestant Declaration. The
case of Gardiner (Bozman, vol. 2, p. 493) proves also how ready-
was the secretary to resist every attempt to seduce his ward and
niece, Eleanor llatton, from the faith of her family. And his
nephew, William, married Elizabeth, the daughter (See Rev. Wil-
liam Wilkinson's will, Lib. No. 1, 1G35 to 1674, p. 190) of the
first Protestant clergyman (an Anglo- Catholic) who arrived in
St. Mary's after the lauding of the Maryland Pilgrims. See
arrival (Land Office Records, Lib. No. 3, p. 02) 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 Stone, the Protestant governor. See p. 65.
HON. ME. 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 would seem, in
Maryland; the one, in 16T6, 1 the other in 1701 ; a
the former (or a cousin also called Thomas), having
lived some time at Tewkesbury, in Gloucestershire,
England ; 3 the latter, disposing, by his will, of the
right to a large tract, not then fully confirmed, but
due to him, as heir to the " Secretary of 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
1 WiU of Thomas Hatton of St. Mary's County, " gentleman/'
in Lib. No. 2, 1G74 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.
2 Will of Thomas Hatton, of St. Mary's County, also styled
" gentleman/' in Lib. T. B., p. 120. He possibly had a posthumous
son ; but the only child named in the will is Elizabeth, to whom
he gives " Hunting-Creek," surveyed (see Rent Roll for St. Mary's
County, No. 1, Manors, fol. 2) for the secretary, in 1655.
3 Thomas (the son, I presume of the Hon. Thomas Hatton) lived
at Tewkesbury, about 1G74 ; and gave Samuel of Maryland a power
of attorney relating to the claim arising upon the death of his
brother John. Lib. M. M., 1G72 to 1G75, 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 Key. William "Wilkinson.
William Hatton died at an advanced age in 1712,
naming his children, Joseph Hatton and Penelope
Middle ton ; and giving to each of his grand-
children (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 Pest," and " Pich
Hill." '
1 Will of William, Lib. W. B., No. 5, p. 432. In tracing the
descent of the Hattons, near Piscataway, I am indebted, for the
use of several land-papers, to the kindness of the Hon. William H.
Tnck, of the Court of Appeals.
ME. FENWICK. 207
CHAPTER XXIY.
Mr. Cuthbcrt Fenwick.
We now descend from the Upper to the Lower
House — from the privy councillors to the burgesses
— from the representatives of the proprietary to
the delegates of the planters, and of the other
freemen of the province. The leading member of
this body, one who breathed the spirit of Copley,
of Cornwallis, and of Calvert, it would seem, was
Mr. Cuthbert Fenwick ; a sincere believer in the
faith of the old Latin church ; one of the original
Pilgrims of 1631 ; 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 TIIE DAY-STAR.
still linger among us ; our neighbors, and our
friends. Through evil, and through good, after
the lapse of many years, in the midst of vast social
and political revolutions, they have clung, with
the fondness of children, to the faith of their first
forefather. Is there no gratitude among 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 generations, from
the a^e 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 Eoman Catholic law-givers of Maryland ?
Fenwick was the seat of a distinguished family
of the same name, in the county of Northumber-
land, England. 1 And Feimoick was the manor
erected for the early colonist, in what was subse-
quently Eesurrection hundred, St. Mary's County. 2
1 Burke's General Armory ; Art. Fenwick, at Fenwick, in
Northumberland.
2 Fenwick Manor was surveyed for Cuthbert Fenwick, in 1651.
ME. FENWICK. 209
In Maryland, also, I am told, there was an old
signet ring containing the arms of the Fenwicks,
of Fenwick manor ; and, it is said, that Cuthbert
was a descendant of the Fenwicks in Northumber-
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. 1 For many years, also, from
his arrival, did he hold a great variety of confi-
dential trusts and responsible agencies ; living at
" The Cross," 2 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.
1 Land Office Records, Lib. A. B. & H., p. 244.
8 The name of Capt. Cornwallis's manor-house. The manor,
itself, was called " Cornwallis's Cross.'' Rent Roll for St. Mary's
County ; also Lib. No. 1, pp. 115-117, and elsewhere.
210 THE DAY-STAR.
So intimate was the relationship, that he was sum-
moned on one occasion (the only case of so peculiar
a kind of representation, I believe, upon the
records), by a special writ, to sit as the " attorney '
of the councillor, at a meeting of the General
Assembly. 1 More, also, on account of the enmity
towards Cornwallis than any ground of personal
dislike, was he plundered by Captain Ingle, 2 the
pirate, the man who gloried in the name of " The
Reformation." 3 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-
1 This was in 1640. Bozman, vol. 2, p. 171.
3 He was, about 1645, surprised by Ingle's party, and treacher-
ously confined as a prisoner, on board that pirate's ship ; the
manor-house of Capt. Thomas Cornwallis much injured, and also
plundered of its servants, valuable furniture, and other property.
On his way to Accomac, Va., he was also robbed of his " clothes,"
and ' ; papers." Lib. No. 1, pp. 432-433 ; pp. 572-573 ; pp. 582-
583 ; and p. 584. Lib. No. 2, p. 354 ; and pp. 616-617.
8 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.
MR. 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 ; 3 and sat in the Assembly of 1638, the earliest
of which we have a satisfactory account. 2 As an
individual freeman, he had a seat also in the legis-
lature of the subsequent year. 3 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; 4 and about
the same time, he reported the information he had
obtained respecting the murder of Rowland Wil-
liams, of Accomac 5 — a case which engaged the
1 Cozman, vol. 2, p. 35 ; and p. Go, 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.
8 Bozman, vol. 2, p. G.">.
3 Bozman. vol. 2, p. 103. * Bozman, vol. 2, p. 115.
6 The Report is dated May 8, 1638." See Lib. No. 2, pp. 83-8 1.
212 THE DAY-STAK.
prompt attention of the governor, and resulted in
the union of Maryland with her sister colony, 1 in
the punishment of the lS~anticokes. In 16ii, he held
a commissionership in St. Mary's 2 — an office out
of which grew that of the early county court judge.
He was the foreman of many of the most impor-
tant trial juries, 3 at the provincial court ; the first
member of the financial committee, 4 and proba-
bly the speaker, in the Lower House of the Roman
Catholic Assembly of 1649 ; 5 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. 7 Nothing
J Lib. No. 1, p. 159.
2 Bozman, vol. 2, p. 280.
3 In the case, for instance, of the Piscataway Indians already-
quoted.
* Lib. No. 2, p. 489.
6 From the report of the financial committee, the only remain-
ing fragment of the Journal, it is evident that he performed some
special or honorable service, besides that of an ordinary member.
6 Lib. No. 3, p. 5G.
7 His Will is dated "March G, 1654" Lib. S., 1G58 to 16G2,
"Judgments,'- Court of Appeals (in the Armory), p. 219.
MS. FEN WICK. 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, 1 in the history of the early Eng-
lish Church ; held a tract bounded by St. Cutli-
bert's Creek; 2 although present, did not sign the
1 In 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 ; 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 them, the cross." Palgrave's History of the
Anglo-Saxons, p. 124. The engraving of St. Cuthbert's cross is
on p. 112 of the History.
■ Rent Roll for St. Mary's and Charles, vol. 1, fol. 55.
214
THE DAY-STAR.
Protestant Declaration ; upon the questions arising
between the two religions parties, in the Protestant
Assembly of 1650, voted with the Eoman Catholic
members ; * gave a legacy to each of the Eoman
Catholic priests, in testimony of his faith in the
Church of Pome; 2 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 ;" 3 Mr. Fenwick mar-
ried Jane, 4 the widow of Eobert Moryson (the
name is written upon the record, indistinctly), of
1 See, in various places, the proceedings of the Assembly, in
1650, Lib. No. 3, Land Office ; also the signatures, in the same
Liber, on p. 57, to the letter of this Assembly, intended for Lord
Baltimore.
2 By some of the early Roman Catholics (for example, by
Robert Clarke) legacies were given " to the church "—meaning,
of course, the Roman Catholie ; 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.
3 Land Office Records, Lib. No. 2, p. 515.
4 Lib. S. 1658 to 1662, Judgments, p. 218.
MR. FEN WICK. 215
" Kecoughtan" County, Ya.; the sister also of Wil-
liam Eltonhead ■ (the privy councillor of Md.), and
Eichard Eltonhead 2 (of "Eltonhead," Lancaster
County, England) ; and the niece of Edward 3 Elton-
head, one of the "masters 4 " of the English "High
Court of Chancery." He had issue, also, by his
last marriage ; and his widow died in 1660. 5 The
1 Lib. No. 3, p. 262 ; Lib. S. 1658 to 1662, Judgments, p. 135 ;
and pp. 219-220. Also Testamentary Records, Lib. No. I, p. 94.
2 Lib. F. F. 1665 to 1669, Judgments (Court of Appeals), in the
Armory, p. 788.
8 Land Office, Lib. A. B. and H., p. 165.
* Lib. 5, 1658 to 1662, Judgments (Court of Appeals), p. 1 ; and
Lib. No. 3 (Land Office), p. 413.
6 The social and domestic life of the past constitutes the most
interesting branch of history. Mrs. Fenwick's will (see Testamentary
Records, Lib. No. 1, p. 114) sheds much light upon the subject ;
enables us to form some idea of the degree of comfort in the
family of this early colonial legislator ; and gives a very good
key to a bed-chamber, a lady's wardrobe, head-dress, and other
articles, in 1660. She bequeaths to her step-daughter, " Teresa,"
a little bed, a mohair rug, a blanket, a pair of sheets, and " the
yellow curtains ;" her taffeta suit, and serge coat ; all her " fine
linen," consisting of aprons, handkerchiefs, head-clothes, &c. ; her
" wedding-ring ;" her hoods, scarfs (except her " great " one), and
gloves (except three pair of cotton) ; and her three petticoats, one
of which is a " tufted-holland," another a " new serge," and the
third a " spangled " one. She gives to her own three children,
Robert, Richard, and John, her " great scarf," all her jewels,
"plate," and rings (except the " wedding" one) ; and to each of
them a bed, and pair of cotton gloves. To her stepsons, Cuthbert
216 TIIE DAY-STAR.
children were Robert, Richard, and John. 1 But
and Ignatius, she wills an " ell of taffeta ;" to her negro-servant,
Dorothy, her " red cotton coat " and some " old linen ;" to Esther,
her " new maid-servant." all the linen of "the coarser sort ;" to
Thomas, the Indian, two pair of shoes, a matchcoat, and some
other things ; to Anthumpt, another Indian, several articles of
clothing; to Thomas's mother (the '-old Indian woman ") three
yards of cotton ; to the Rev. Francis Fitzherbert, a hogshead of
tobacco, for five years ; to William (a negro) the right to his free-
dom, provided he pay a hogshead every year to the church, and
continue a member 5 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. Win. 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 I" " Hang
them!'' they added, "Papists! dogs! They shall have no right
here ; for the governor cannot abide them, but from the teeth
outwards.'-' The Vandal outruns the bigot in the case of a noted
Protestant of Kent Island, who, entering Capt. Brent's house, and
going into the "loft," threw down the captain's books, with the
words, " Burn Papists ! devils !" This was about the time of
Ingle's rebellion. I deem it fair to add, the part of Roger 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.
1 See wills of Mr. Fcnwick. and his widow Jane. I infer, then,
ME. FE2TWICK. 217
Cuthbert, his eldest son by a previous marriage,
held, under the will, the lordship of Fenwick
Manor. The Fenwicks of Cole's Creek, of Cherry-
fields, 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 l 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 Lis three youngest sons were, on their mother's side, descend-
ants of the Eltonheads, of Eltonhead ; whose arms, according to
Burke's General Armory, are — Quarterly, per fesse indented,
sable and argent, on the first quarter three plates.
1 The family is so large as to render it impossible to present
even a condensed history in any but a work expressly devoted to
the department of genealogy. The following wills contain a large
body of facts :— Wills of Richard, in 1714, Lib. W. B., No. 5, p.
699 ; of John, 1720, T. B. No. 1, p. 339 ; Dorothy, 1724, W. B., No. 1,
p. 285 ; Cuthbert, about 1728, C. C, No. 2, p. 888 ; Ellen, 1737,
T. D., p. 825 ; Philip, 1750, D. D., No. 6, p. 183 ; Enock, 1758,
B. T., No. 2, p. 582 ; Joseph, 1758, B. T., No. 2, p. 624 ; Cuthbert,
1762, D. D , No. 1, in 2 parts, p. 891 ; Benedict, 1769, W. D., No. 2,
p. 251 ; Bennett, 1770, W. D., No. 3, p. 458 ; George, 1769, W. D.,
No. 3, p. 703 ; Elizabeth, 1771, W. D., No. 4, p. 347 ; Robert,
1774, W. F., No. 1, p. 113; and Ignatius. 1776, W. F., No. 2.
p. 219.
10
218 TtfE DAY-STAK.
1774-1776 ; l two held a seat in the Senate of
Maryland ; 2 and a fourth was the consul of the
Onited States, at Bordeaux. Many of them were
priests; 3 one was the president of a college; 4 and
two were bishops. 5 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 7 — ■
1 Ignatius, of Mary's County.
" Athanasius and James ; the former closely related to the
Cherry-field branch, near St. Inigo 7 s, St. Mary's County 5 the latter
(Col. James), the brother of the bishop of Cincinnati, and the
ancestor of the F2nwicks, of Pomonkey, in Charles.
8 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.
4 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 ; 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. 347, for the
connection with the Spaldings.
T Robert James Brent, a Fenwick on the maternal side, and the
immediate descendant of the Fenwicks of Pomonkey.
MB. FENWicit. 219
the last link 1 in a long chain of distinguished law-
yers from the provincial era of the Kattons, the
Lowes, and the Darnalls, down to the days of a
Martin, a Taney, and a Richardson.
1 The office was abolished by the late Constitutional Convention
of Maryland.
220 THE DAY-STAE.
CHAPTEE XXV.
Mr. Philip Conner.
The time of Mr. Philip Conner's 1 arrival cannot
be ascertained; but lie came about the year 1645.
Under the commandership of Captain Kobert
Vaughan, in 1647, he was a commissioner of the
Isle of Kent; 2 sat, the following year, in the
Assembly, as an individual freeman ; 3 and was the
member from Kent, in 1649. 4 Authorized to issue
writs, upon the removal of the captain, in the
month of November, 1648 ;" and the only one of
the commissioners retained in office, the succeeding
Sometimes spelled " Conyer." Kent Island Records at Ches*
tertown.
3 Bozman, vol. 2, p. 301.
3 Capt. Vaughan, in 1648, held 24 voices 5 Mr. Conner, and
Capt. Thomas Bradnox sat, simply, as freemen, without any
proxies. Lib. No. 2, pp. 293-294.
* Lib. No. 2, pp. 488-489.
8 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. 2 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. 3 His career, in every par-
ticular, was marked with discretion ; and we might
suppose he was a Kqman 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. 4
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
1 Upon Captain Vaughan's re-instatement. Bozman, vol. 2, p.
311.
2 Vaugban,in 1G52, 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.
* Sec oldest Land Records, at Chestertown.
4 The evidence, which is obtained from the will of Thomas
Allen, will be given, iu a note to the sketch of Capt. Bauks's life.
•
222 THE DAY-STAR.
superior to the ordinary level of comfort, at that
period. 1 Pie held " Conner's Keck," "The Wood-
yard Thicket," and other tracts, upon Kent Island; 2
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, 3 died, about 1700, upon the Isle of
Kent, 4 then a part of Talbot ; and his grandson, of
the same name, in 1722, leaving two brothers and
three sons. 5
1 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.
2 Lib. No. 12, pp. 572-573. See also Rent Roll for Queen
Anne's ; for a copy of which, I was indebted, through the kind
agency of Judge Chambers, to the late Hon. William Carmichael.
3 Lib. No. 12, p. 572.
4 Will of Philip, 1701 (Lib. T. B. p. 350), who gives his son,
Philip, " Conner's Neck ;" and to his other children Nathaniel, and
Charles, " The Wood-yard Thicket." Disposes also of a tract,
supposed to be his, on the Elk River.
5 Will of Philip (witnessed by Nathaniel and Charles, Lib. A. &
I).. No. 2, p. 196) gives a tract, when recovered, in Kent, near
Morgan's Creek, in equal parts, to his sons James, Nathaniel, and
MR. CONNER. 223
r
Charles. Will of Nathaniel, his brother, is found in Lib. C. C,
No. 2, p. 150. Nathaniel names his son-in-law, Mathew Brown ; his
daughter, Letitia Brown; and his granddaughter, Mary Brown.
There is also the will of John Conner, a merchant of Chestertown,
whose children were James and Isabella. He died about 1750.
224 THE DAT-STAR.
CHAPTEE XXVI,
Mr. William Bretton.
Me. Bretton arrived, with his wife, Mary (the
daughter of Thomas ^Tabbs), and one child, within
three years from the landing of the Pilgrims. 1
t/ CD Cj
He soon afterwards held a large tract upon
Britton's Bay ; 2 and many years, lived in Newtown
huudred ; was a soldier at St. Jnigo's Fort, at a
very critical period, in the administration of Gover-
nor Calvert ; 3 and the register of the Provincial
Court, under Governor Green, with the power,
during the lieutenant-general's absence, to sign
writs, " under the governor's name;" 4 kept some of
the most important records of the province, till the
1 He arrived in 1637. Lib. No. 1, p. 69.
8 la Newtown hundred, and held of the Manor of Little Britain,
and also called "Little Britton" (Kent 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.
1 Lib. No. 2, p. 284. * Lib. No. 2, p. 226 ; and p. 22a
MR. BRETT0N. 225
arrival of Mr. llatton, in 1619; 1 and was the
clerk of the Protestant Assembly in 1650. 2 In
the legislature of 1648, he held fonr voices. 3 three
of them certainly 4 from Newtown; 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 Roman Catholic
Assembly in 1649. 5 He is also worthy of remem-
brance, in consideration of the fact, that he
founded one of the first Roman Catholic chapels
of the province 6 — a chapel which was erected and
sustained by the pious members of his own church
in Newtown, 7 and in St. Clement's hundred ; which
1 Lib. No. 2, p. 448. 3 Bozman, vol. 2, p. 3S3.
3 Lib. No. 2, pp. 293-294. * Lib. No. 2, pp. 287-288.
6 Lib. No. 2, pp. 488-489.
6 Lib. S. 1058 to 1GG2, Judgments, p. 1026.
7 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
R. C. privy councillor, Mr. Pile), gave, each of them, a legacy :
the former, in 1671, to the Father of "St. Ignatius's Chapel," for
the use of the "poor Catholics ; r? the latter, about 1670, to the
'• Reverend father " of the same chapel. See Wills, Lib. No. 2,
1674 to 1704, p. 67 ; and Lib. No. 1, 163o to 1674, pp. 391-392.
Other cases could be cited.
10*
220 THE DAT-STAR.
also bore the name of " the patron saint of Mary-
land." 1
A mystery clouds the latter part of his life.
About 1651, he married Mrs. Temperance Jay. 2
Misfortune seems soon after to have attended him ;
and his " son " and " daughter " received " alms,"
at a moment of deep distress. 3 Xor can his will
be found ; or his posterity traced. But there is no
doubt whatever, he was one of the I?o?na?i Catholic
Assemblymen of 1649. • He held a tract bounded
by St. WilUaiii's Creek ; 4 the most striking part of
his cattle-mark {a fleur-de-lisf was a favorite device
J St. Michael was one of the guardian angels. But St. Ignatius
was generally regarded the patron saint. See Father White.
2 Lib. S., 1G58 to 1662, Judgments, p. 336-337 ; and p. 1026.
3 " 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 16G2 ; Lib. B. B., 1663 to 1665, p. 22. Mr.
Croutch was one of the executors of Edward Cotton, a colonist.
4 Lib. S., 1658 to 1662, p. 1026.
5 To prevent mistakes aud 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 e right
ear. commonly called a fleur-de-lis ; cropt y e left ear. Which is
ME. BRETTON. 227
witli the members of his church, at that period ; )
his name is not among the signers of the Protestant
Declaration; 2 and the very phraseology, in his gift
of the church-lot, has the unmistakable marks, of
his sympathy with the faith of the Roman church,
and (independently of other evidence) is sufficient
to satisfy a reasonable mind. 3
the true and only mark of ye said William Bretton." It will be
observed, that the fleur-de-lis (or heraldic lily) differs from the
lily of the garden, in having three leaves instead of five. See
Burke.
3 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 fleur-de-lis, as a part of the cattle-mark, was adopted
by any Protestant.
3 He was in the Assembly when the Declaration was drawn up
and signed. But he was not one of the signers.
3 The following is from Lib. S. 1658 to 1662, Judgments,
p. 1026 :
" April y e 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 DAY-STAR.
they may repair on Sundays, and other holy days appointed and
commanded by Holy Church ; to serve Almighty God ; and hear
divine service. And the most convenient place for that purpose,
desired and pitched upon, by them all, is on a certain parcel of
the Jand belonging to "Wm. Bretton, gentleman. Now know ye,
that I, William Bretton, of Little-Bretton, in y 6 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,
so much land, as they shall build y e said church or chapel on ;
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 e 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 B said dividend, near to y e head of the creek called St. William's
Creek, which falleth into St. Nicholas's Creek, and near unto the
narrowest place of y e 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 sufficient distinctness, the
^pot where it stood. It is dated the "tenth" of November
1661. M
MR. BROWNE. 229
CHAPTEE XXYII.
Mr. Richard Browne.
Xothing 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. 2 The former, it
seems, took the " oath of fealty," " June 27th,
1647 ;" 3 and the latter, the "14th of November,"
1648. 4 The name of " Richard Browne " also
appears among the members of the preceding
1 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.
3 Council Proceedings, from 1636 to 1657, in the Executive Cham-
ber, p. 144.
* Council Proceedings, p. 145.
2 P>0 THE DAY-STAR.
Assembly ; ! and is affixed, about a year later, to
the Protestant Declaration. 2 One of them (the
emigrant of 1648) usually had the prefix of "Mr'\
or the addition of " gentleman" The other, proba-
bly, belonged to the class of yeomen. 3 The
former lived upon Clement's manor, the latter
part of 1649. 4 The residence of the latter, during
the same year, it is now impossible to give. We
may suppose, the " gentleman " was the member
of the Assembly ; and also one of the persons of
consideration, in the province, who signed the
Declaration. But the evidence of the Assembly-
man's identity with the Protestant, is, by no means,
conclusive. The result of the investigation is any-
thing but satisfactory.
1 Lib. No. 2, pp. 488, 489.
* See Declaration, Boznian, vol. 2, p. 672.
3 He rarely had either the prefix or the addition.
4 Lib. No. 3, pp. 96, 97. The plantation upon the manor was
bought (see Lib. No. 2, p. 508) " June 29, 1649 ;" and sold, by
•• Richard Brown, gentleman" (see Lib. No. 3, pp. 101, 102),
u unto George Manners and his assigns," in the year 1651.
MR, MANNERS. 231
CHAPTER XXVIII
Mr. George Manners.
'O
But little also can be gleaned from the records
relating to the life of Mr. Manners. Enough,
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
1 The JVanticokes and the Wieomieks. Bozman (vol. 2, p. 310)
doubts if the "expedition" ever ''took place." That it did, is
evident. " Jas. Lindsay, at y e request of Capt. Jno. Price, saith
upon his oath, that Lieut. Wm. Lewis was the first man, that drew
sword, and entered the house, pulling the mat from off the house ;
and brought forth out of the house an Indian woman, and a child ;
delivering her to the guard, at y e march on y e 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
thoot 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. 2 We have also the evidence of the fact,
that he was a Roman Catholic. present a ^ * ne
siirnino; of the Declaration, he did not affix his
name. Upon the test questions of 1650, he acted
with the Roman Catholic members of the Assem-
bly. 3 And he gave a legacy to the church, of
which he was a member. He died in 1651, 4
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 verba.'' 1 See Lib.
No. 2, pp. 30G-307.
1 Lib. No. 2, pp. 488-489.
2 Lib. No. 3, p. 47.
3 See, for the sake of illustration, Bozman, vol. 2, p. 389 ; and
Lib. No. 3 (Land-Office Records), p. 57.
4 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, 1G35 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. BANKS. 233
CHAPTER XXIX.
Captain Richard Banks.
Assuming, that Captain Banks was one of the Pro-
testant members of the Assembly in 1649 ; we are
struck with the magnanimity, which 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 he
married Margaret Hatton, the w T idow of the secre-
tary's brother. 1 He arrived in 1646. 2 His house
was robbed by Ingle's accomplices; 3 and he
arrested, about the same time, five Indians. 4 who
were suspected of "felony," but soon afterwards
tried and acquitted. In the Assembly of 16IS, he
represented twenty -four freemen ; 5 and we know,
1 Lib. No. 1, p. 440.
2 Lib. No. 2, p. 453 ; and Lib. A. B. and H., p. 15.
' Robbed of tobacco sold to Capt. Coruwallis. Lib. No. 2,
p. 303.
4 They were Patuxents. Lib. No. 2, p. 343.
5 On the 20th of January (0. S.) he held, from New-town,
234 THE DAT-STAR.
lie sat iii the same body, during the year 1049. 1
In 1652, he held the responsible post of a council-
lor, under the sway of the Puritans ; 2 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; 3 but the following October (having
" done something" offensive at 'the election of
burgesses), he was required to give security for his
"good abearance." 4 From all, that can now be
ascertained, we have reason for the belief, that his
character was in the highest degree estimable.
His pledge for the redemption, from captivity,
of an orphan child, is honorable to his memory; 5
" 19 proxies " (Lib. No. 2, pp. 287, 288) ; and, on the 28th of the
same month (p. 293, 294), " 24 voices."
1 Lib. No. 2, pp. 488, 489.
- Bozman, vol. 2, p. GS1.
3 " 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, 1 4 Lib. No. 3 p. 156.
B 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 e 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. 2G.
1 " 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 ThoR.
Bankes, in 1684, Lib. G., p. 120. Catholic is, here, expressly dcGned
236 THE DAT-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 source, we have the proof, that Captain
Banks was a Protestant. 1
1 " Now for the disposal of my children," says Thos. Allen, "I
would not have them lire 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. Xo. 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.
UK. MAUX3ELL. 237
CHAPTER XXX.
Mr. John Maunsell.
Mr. Maunsell 1 arrived, as early as the year
1637 ; 2 and lived in St. Clement's hundred in
1642. 3 It would seem, his residence about ten
years later, was in the same part of St, Mary's
county ; 4 and either there, or in the adjacent hun-
dred of Newtown, 6 we cannot but suppose, he may
be traced, during the year 1649, when he held a
seat in the General Assembly of the province. He
did not take up many tracts of land ; and all his
possessions were indeed rather small ; but he is
generally styled " planter " upon the records.
And, while his name is not often connected with
important events in our early history, yet surely
1 Spelt also "Mansell."
2 Lib. No. 1, pp. 68-69.
• Records of the Executive Chamber. Proceedings of the Assem-
bly, Lib. 1637 to 1658, pp. 209-215.
4 Lib. B. B., 1663 to 1665, Judgments, pp. 153-154.
6 Lib. A. B. and II., p. 167.
233 THE DAY-STAE.
two incidents demand a notice — the plunder of his
house by Ingle's piratical party 1 — and his relation-
ship towards the memorable Assembly of 1649.*
The evidence of his faith in the Roman Catholic
church 5 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
1 "John Maunsell makcth oath that about fire 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. Hattox."
- Lib. No. 2, pp. 488, 489.
8 The name of one distinguished, but fifty years later, in the
Roman Catholic missions of Maryland. The records are lost, and I
cannot trace the relationship ; but presume he was a member of
the same family. Thomas was his first name.
MR. MAUNSELL. 239
Whose 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, 2 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 disciple' of the same church ; from the hosti-
lity manifested (chiefly, indeed, toward Captain
Cornwallis, but partly, also, we may suppose,
against himself) by the Catholic-hating, Puritan
pirate; 3 from the well-known Roman Catholic
prefix to a tract surveyed for him; 4 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; 5 but especially from the
1 Mr. William Bretton, the Roman-Catholic Assembly-man of
1649. See Lib. No. 1, pp. G3-69.
2 The Rev. Thos. Copley, Messrs. Wm. Bretton, Luke Gardiner,
Thos. Mathews, John Lewger, and the members of Mr. Lewger's
family, were some of the Roman Catholics, who came in 1C37. Set"
Lib. No. 1, pp. 19-20.
* See Mr. MaunselPs preceding deposition.
4 "St. John's," consisting of 100 acres, on the west side of
Britton's Bay, was surveyed for Mr. Maunsell in 1G49. Rent-Roll
for St. Mary's and Charles, vol. 1, fol. 2G.
6 In Lib. B. B., 1G63 to 1GG5, Judgments, and on pp. 15S-154,
240 THE DAY-STAR.
faitli of Colonel William Evans, 1 the administrator
upon his estate, and the guardian of his orphan
son 2 (a point, upon which our ancestors betrayed
the keenest sensibility), 3 as well as the god-father
of his supposed daughter. 4 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 ?
1 See Will of Col. Wm. Evans, the Roman Catholic, Lib. No. 1,
1635 to 1674, p. 331-332.
3 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.
3 So great was the anxiety manifested by our ancestors upon this
subject, that in some cases they provided, even in their wills, for a
change of the guardian, upon his adoption of a different faith from
that held by the testator.
4 Xo 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
sister of John, and the daughter of the emigrant of 1637. In an
age of so much earnestuess, we cannot believe that a Protestant
would allow his child to be baptized by a Roman Catholic priest ;
or that a Roman Catholic would become the sponsor for an infant
MR. MAUNSELL, 241
weakens the inference ; but everything, that is
known of him, confirms and sustains it. Even if
he were a Protestant ; or we suppose, he was a
delegate, either from St. Clement's, or from Xew-
town ; he could still but represent the sentiments
of the Roman Catholic party. ^Nearly all the
inhabitants of the former hundred were the tenants
of Doct. Gerrard ; or the suitors before the 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 Roman 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
2 ±2 THE DAY -STAR,
CHAPTER XXXI.
Mi*. 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. E"eale ? s Plantation," the same, I pre-
sume, as " "Wolleston " 2 (itself a corruption of
" "Woolstanton " 3 ) Manor, surveyed in 1642, near
the mouth of the "Wicomico, 4 for Capt. James
Keale, the privy councillor of Maryland, and the
1 In some parts of the record, he is styled " Mr. Thornborough j"
in others, relating to the same transactions, " Mr. Thomas Thorn-
borough."
2 Rent Roll for St. Mary's and Charles, vol. 2, fol. 283.
3 The name of a town in Staffordshire.
4 Lib. A. B. and H., p. 95.
ME. THORNBOROUGH. 243
ancestor of the second archbishop 1 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. 2 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
original ground of hostility had reference rather
to the subject of a land-title than to the rightful
authority of Governor Calvert. 3 It is certain that
1 The most Rev. Leonard Neale, who died in 1817.
9 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 Sir. Thornborough, to desire him
to meet him at York, and speak with him ; and bid this deponent
tell y e said Mr. Thornborough, that he should not fear any thing,
what had passed in former times, and that y e 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. 28G.
9 In case of Mr. Thornborough's attainder, or the forfeiture of a
fee-simple title, the manor would have become, not Capt. Neale's,
214: THE DAT-STAR.
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; 1 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 e said Mr. Neale's, to
enjoy for ever, upon condition y l 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 e 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.
1 For his services at St. Inigo's Fort, Governor Calvert gave
him a " horse." Lib. No. 3, p. 43.
ite. THOE27BOEOT7GH. 245
bitter bate on tbe part of tbe Protestant enemies
of tbe proprietary. 1 He also sat in tbe Assemblies
of 1G48 2 and 1649. s Considering tbe period of our
provincial history, when questions of a religious cha-
racter formed tbe most important element in tbe
composition of political parties ; we do no violence
to tbe evidence still accessible, in at least presum-
ing/ be beld tbe same faitb as tbe governor and
1 Col. 1 rice,. Mr. Thoruborough, 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
would 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.
3 In the Assembly of 1648, he sat simply as an individual free-
man. Lib. No. 2. pp. 293-291.
3 Lib. No. 2, pp. 488-489.
4 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-STAR.
the proprietary. Nothing is known of his family,
or the time of his death ; but it is not unlikely, he
was a relative of Capt. Neale, the Roman Catholic
gentleman, who "gave" him the plantation.
to Messrs. Tkornborough and Hebden ; for neither of them signed
the Declaration, althfugh 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.
MR. PEAKE. 247
CHAPTER XXXII.
Mr. Walter Peake. 1
*
It still remains for us, to notice the life of
another Assembly-man of 1649 ; but one upon
w-iose memory, is cast the shade of sin and shame ;
waose 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, 3 and to
the beggary of his children ; and, about the sixtieth
year of his age, 8 to suffer a felon's death. 4 The
time of his arrival is not exactly known ; but it is
probable, he came in 1646 ; 5 and that, in 1648 and
1 Spelt also Fake.
2 " 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.
3 In January, 1664, he was Cfty-iive. See his deposition, Lib.
B. B., 1663 to 16G5, Judgments, p. 262.
4 The patent to Mrs. Margaret Noble recites his execution.
* He brought his son, Peter, during that year. Lib. No. 2, p. 523.
248 THE DAT-STAR.
1649 (when he sat in the Assembly, 1 apparently
one of the most respectable members), he resided
in Xewtown hundred ; as he certainly did soon
afterwards, 2 and for a period of many years latsr.
From his association with Governor Calvert, 3 we
cannot doubt the sincerity of his attachment to the
proprietary's government. There is also further
evidence of his faith in the Roman church,
derived from the fact, that he did not sign the
Protestant Declaration ; from the composition of
the jury, which tried his painful case ; 4 from his
intimacy with many of the noted members of
the Roman church, 5 from more than one of whom
1 Lib. No. 2, p. 288, and p. 488.
3 Lib. No. 3, p. 100 ; Lib. No. 4. p. 11 ; and Lib. F. F. 1665 to
1669, Judgments, pp. 651-656.
3 Bozman, vol. 2, p. 640.
4 If Mr. Peake were a Protestant ; and the rule, in the cases 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.
6 He was intimate with Philip Land, John Jarboe, Thos. Mathews,
and James Langworth. See Lib. No. 2. p. 449, and p. 372 ; Lib>
No. 1, p. 562 ; and Lib. No. 3. p. 201.
MR. PEAKE. 249
did Ills children, at different times, receive those
gifts, which it was so much the practice of the
early colonial god-fathers to present ; ] from the
well-known Roman Catholic family of Peake,
living in St. 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 Yirgin 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 2 of his wife, of a
1 See the gift from Col. Jarboe, Lib. No. 2, p. 372 ; and the one
from Thos. Mathews, Lib. No. 1, p. 562. Doct. Mathews was pro-
bably the god-father of Mr. Peake's son.
3 His wife was named Frances. Anno 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, 1C35 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. 523 ; Lib. B. B, JCC3 to 1665, Judg-
11*
250 THE DAY-STAR.
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. 1 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, 3 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.
1 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.
2 In counting the tracts taken up by Mr. Peake, I include St.
Anne's, surveyed, not for him, but for Ann. Excluding that tract,
his number equals Mr. Lewger's, or that of any other colonist.
For Gov. Calvert were surveyed the manors of St. Michael and
St. Gabriel ; for Capt. Cornwallis, St. Elizabeth, and West-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. xMary'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,
during the year 1668, sat the high Provincial Court
of the Right Honorable Cecilius, 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, 1 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 2 was the chief member of the
grand jury ; and Christopher Rowsby 3 (destined,
St. Philip's, and St. James', all of them in Charles — and two
having the same name — four being the highest number, with the
Roman Catholic index, taken up by any one, excepting Mr. Peake ;
for whom, I am inclined to think, St. Anne's also was originally
surveyed (although the certificate cannot now be found), making a
fifth.
1 -By force and arms" — u 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.
2 A near relation of Gov. Stone, and the ancestor of the Spriggs
of Calvert, now of Prince George's County.
" Stabbed in 1684, by Col. Talbot, the deputy governor. See
Thomas's Lessee v. Hamilton, 1 Harris and McHenry, p. 192.
252 THE DAT-STAR.
himself, many years afterwards, to die by the hand
of violence), the foreman of the panel summoned
to try the case. No technical objection is made to
the indictment ; no attorney appears on the priso-
ner's behalf ; no testimony is offered in his defence ;
no witness for the proprietary, in any way, cross-
examined. 1 " 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 5 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.
1 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 " suffer
death before Ms own house, where he " had " com-
mitted the fact" 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 ! Pope Alney was the
name of his executioner 1 — the only fact, which
gives him a claim to any place upon the page of
our country's history.
1 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-STAK,
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 ;
EIGOTRY 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 Oalverts 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 hona 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 Roman Catho-
lics of Maryland were heartily opposed to the
political party represented by the Puritans. 'Nov
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 Eoman
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 impolitic
may have been the course of Governor Green, 1 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. Eotwith-
standing his indiscreet zeal, no respectable court
1 Thomas Green was the acting governor, the latter part of
1649. See Bozman, Addison, and other authorities.
258 THE DAT-STAR.
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),
that freedom of conscience existed, not only in the
legislation, but also in the very heart of the colony.
It prevailed for a- period of nearly sixty years ; a
real, active principle ; and the life-guidance of
many thousands. Cases of individual intolerance
always produced a sensation 1 — 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
cases already cited ; also note upon the will of Mrs. Fenwick.
THE INHERITANCE. 259
to the memory of our early forefathers. Let their
deeds be enshrined in our hearts ; and their names
repeated in our households. Let them be 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.
APPENDIX, NO. I. 261
APPENDIX.— No. 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 Ringgold3 of Kent Island, now so honorably repre-
sented, as they have been for many generations (see note 2. ante,
p. 1 ( J4), by a large number of branches ; the Hynsons, who also
have many descendants, including two families quite remote from
262 THE DAY-STAK.
each other, at Chestertown, and in other parts of this state ; the
Dunns, who are now extinct everywhere in America, so far as
I can ascertain, in the male line, except the branch represented by-
James L. Dunn, Esq., of Reading, Pa. ; and the families of Wickes
(see note 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. Goldsborough, 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 "Wilmers of Kent. I
regret, I have not, at this moment, my memoranda before me.
The family of Hawkins, first of Poplar Island, afterwards of
Queenstown ; one of them a judge of the Provincial Court, about
1700 ; another (Ernault), at a later period, the surveyor-general
of the customs ; arrived from Nominy Bay about 1C55 ; but came
from London, several years earlier. Through the Fosters and the
264: THE DAT-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 Chestcrtown. 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 Eon'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, Augusien, 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. fa 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 "\Yroth, of
Chestertown, descendants (there is strong reason to believe) of the
Wroths of Durance (a highly distinguished house), arrived about
1670. To this gentleman I have expressed my thanks, for the
interest so generously manifested, in the success of all my
researches.
The Sewalls, of Mattapany-Sewall, connected with the Hon.
Win, Burgess, and with the family of Lord Chas. Baltimore, came
about 1660. Henry was the name of the emigrant. From the
first, they were Roman Catholics. See also ante, p. 73, and p. 169.
The Spriggs, the ancestors of the late governor, came, it.
seems, from Northamptonshire, about 1655. Thomas was the name
of the emigrant. One of the tracts taken up by him, was called
Kettering, the name of a town in that county. Northampton was
another tract held by him ; and the family seat, if I am correctly
informed, for many generations.
The Taneys (the ancestors of the present chief-justice of the
United States), arrived about 1660, and lived in Calvert. Michael,
which runs through so many generations, was the name of the 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.
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 Claggctts of St. Leonard's Creek, ancestors of the first
Anglo-Catholic bishop of Maryland, came in 1G71, Thomas, tho
emigrant, was the descendant, on his father's side, of a mayor of
Canterbury ; on his mother's, of Sir Thomas Adams, a lord mayor
of London, and a cavalier in the reign of Charles the First. Their
arms, which were admitted and confirmed in the visitation of the
heralds, are impaled upon the original seal of the bishopric of
Maryland, xlnd 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.
Threugh a daughter of the third Thomas from Col. Claggett, of
London, they are the ancestors also of the Davises, of Mount
Hope. Their arms are : — 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. Whittingbam. See also ante,
p. 99.
The Addisons of Oxon-IIill, the descendants of the family in
APPENDIX, NO. I. 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 ; but had
opposed the revolutionary party. See also ante, p. 147.
I cannot give the year, the Dorseys arrived ; but it was proba-
bly some time before the Protestant Revolution* Col. Ed. Dorsey,
of Baltimore County (I presume, the emigrant), died about 1700,
leaving a large number of children ; and giving to his sons,
Charles, Lacon, Francis, and Edward, all his lands on the north
side of the Patapsco ; to his son Samuel, a part of " Major's
Choice," and his " silver-hilted sword ;" to his sons Nicholas, and
Benjamin, a part' of " Long Reach," at " Elk Ridge ;" and to his
son Edward, his silver tankard, silver tobacco-box, and '.■ seal gold
ring." This is now one of the most extensive families of 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 London, arrived about twenty years before the
Protestant Revolution. Col. He'nry Darnall, the emigrant, was
the son of Philip Darnall, and a kinsman of Lord Baltimore. For
the part he performed, in 1689, the reader is referred to the Nar-
ratives. See ante, pp. 87-100. He resided at The Wood-Yard,
in Prince George's County 5 and, a later period, at Portland
Manor, in Anne Arundel. He left many descendants; and his
tombstone is at The Wood- Yard, now (as it has been, for several
generations) in the possession of the Wests ; and the most inte-
resting family seat, I have yet seen, in Maryland. The vane upon
the house-top, the wainscotted wall — the other relics, and memo-
rials relating to the era of the Darnalls— are all preserved with
26S THE DAY-STAK.
the most studious care. I give this testimony, with a grateful
heart. It is honorable, in the highest degree, to the taste and
piety of the present proprietors. The Darnalls were Roman
Catholics.
The BrentSj 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
APPENDIX.— No. 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 1CG1.
But there is evidence, aliunde, that the foundation of the colony
was laid in 1G60.
" 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 (by permission of the Governor and Council) of the Susque-
sahanoh Indians, then met with the great men out of the Susque-
saliannoh Fort at Spcs-Uty Isle, upon a treaty of soldiers* as
the old Record will testify, and thereupon took possession ; and
transported his people from Manhattam, now New York, 1661,
(with great cost and charge) to inhabit.''
*In the MS. copy, this word is very indistinctly written.
270 THE DAY-STAK.
APPENDIX.— 'No. ILL
* See ante. p. 152, note 1.
FAITH OF THE JURORS, IN THE CASE OF THE
PISCATAWAY INDIANS.
I hate said, the first twelve, there is strong reason to believe,
were Roman Catholics ; but I arranged them, not in conformity
with the record, but simply with a view to my own convenience.
The following is the order observed upon the record : —
Cuthbert Fenwick, foreman ; William Bretton ; Nicholas
Gwyther ; John Steerman ; Edward Packer ; Richard Banks
Philip Land ; Win. Evans ; John Lawson ; Richard Hoskins
William Johnson ; John Medley ; Richard Willan ; Henry Adams
Robert Cadger ; John Nicholls ; Daniel Clocker ; James Lang-
worth : John Thimbleby ; William Edwine ; John Taylor ; John
Ilarwood ; Zachary Wade ; and Thomas Sympson.
Three of the preceding jurors had been in the Assembly of
1649.
Most of the Roman Catholics are easily distinguished by a 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. m. 271
tain a doubt. But we have the best ground for the belief, that he
was the same person as Richard Hotchkeys, of " The Cross," and
whose name is written in a variety of ways — a very common thing,
two hundred years ago. Edward Packer, for instance, was the
same, it would seem, as Edward Parker, a kinsman of Mr. Bretton.
See his will. In the index to the ''Land Warrants, on p. 17, for
Lib. No. 1, Richard Hoskins, it appears, is spelt " Richard Hodg
key ;" on p. 622, for the same liber, " Richard Hodgkeys ;" p. 136,
for Lib. No. 3, " Richard Hodskeys 5" in the oldest book of wills,
'^Richard Hotchkeys ;" and, in the index to that book, " Richard
Hotchkey." It is not improbable,, that Nicholas Gwyther, a thir-
teenth, was also a Roman Catholic ; although I have not included
him.
Four of the Protestant jurors (Messrs. Steerman, Nichols,
Clocker, and Edwin) had signed the Declaration. Capt. Banks, a
fifth, had been in the Assembly of 1649 ; and it is quite evident,
that Robt. Cadger was a sixth. See his will ; and the one also of
his son, Robert. John Lawson, in his will, desires to be buried
" according to the canon of the Church of England j" 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 thiug positive, w r ith regard to
the faith of the remaining four, Messrs. Gwyther. Harwood, Wade,
and Sympson ; though it is quite probable, Mr. Ilarwood was a
Protestant.
The result, then, so far as the investigation has been successful.
presents twelve Roman Catholics against eight Protestants. Nor
272 THE DAY-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 Kale of the J'owhata?is,
112.
Act Concerning Religion, 54. Its Lead-
ing Provisions, 54-67. Its Influence
upon the Colonization of Maryland,
63-86, and 101-107.
Addisons, of Oxon-Hill, the English
county they came from, 266; Their
Arrival, 266; Their Earliest Home in
Maryland, 147. The Emigrant a Privy
Councillor, 267. Opposed to the Revo-
lution of 1639, 267. His Posterity,
267.
Addison, Wm. Meade, Arrival of his
Ancestry, 267. ,
Addkess 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 1619, 137.
Anglo-Catholics : — the Term Catholic
applied to them, upon the Early
Provincial Records, 32 and 235.
Anglo-Catholics : — Compact between
an Anglo-Catholic King and a Roman
Catholic Prince, 26-84. Fidelity of
the Prince, 35. Holy, in tlte Creeds,
and Catholic, upon the Provincial
Records, applied to the English
Church, 32. M HAv Church" included
12*
A.
the English Branch, 80. Illustration
from the early Charters of the Eng-
lish Crown, 30. Case of Lewis, 31.
Case of Doctor Grerrard, 33. Chapel at
St. Mary's, 32. Anglo-Catholics at
Jame3town, 27. Extract from their
Charter, 27. Anglo-Catholics upon
Kent Island, 142. Anglo-Cathoiic3
upon South River, 72. Anglo-Catho-
lics upon Patuxent, 74. Anglo-Catho-
lics in St. George's Hundred, 145-
143. The Probable Number of Anglo-
Catholics in the Assembly of 1649,
137. Anglo-Catholic clergyman of St.
Mary's, the first, 145, 146. Early
Anglo-Catholic Clergymen of Kent
Island, 142, 143. Anglo-Catholic
Bishop of Maryland, the first, ances-
try of, 266. His Arms, 266. Anglo-
Catholic Bishop of Marylaud, the
third, his ancestry, 179. The settle-
ment upon Kent Island the off-shoot
of an Anglo-Catholic Colony, 142.
Early Anglo-Catholic families of St.
George's, 145-146. The Wickliffes, the
Cadgers, the Marshalls, 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-
mico," 146. Wickliffe, the organ of
the Anglo-Catholics, 147. Wickliffe
and Wesley, 147.
Anglo-Catholic Bishop of Maryland,
the first, his ancestry, 266.
Anglo-Catholici Bishop of Maryland,
the third, his ancestry, 179.
Anglo-Catholic Clergyman of Saint
Mary's, the first after the landing
of the Pilgrim-, 145-146.
Anglo-Catholic Clergymen of Kent,
the early, 142-143.
27-i
indi:x.
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 River, 72. The govern-
ment removed from St. Mary's to
Annapolis, 108.
Anns Arundel County: — Original seat
of the Puritans, 151. Small num-
ber of estates, with the R. C. Pre-
fix, 151. Home also of the Qua-
kers, 151. First settlement, in 1649,
tis. Greenberry's Point, the site of
the first Puritan town, 6S-69, and
117. The Severn, 63. James Cox, 7o\
Richard Bennett, Edward Lloyd, and
Thomas Marsh, 69-70. The county
represented as early as 165 1, 70.
Anglo-Catholics upon South River,
72. William Burgess, 72. South River
Otub, 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 upon
South River, 73. Quakers upon West
River, 77. The Prestons, Thomases,
and Richardsons, 77. But one R.
C. family, in the whole county,
in 16S9, 92. Opposition of the inhabi-
tants to the Protestant Revolution,
92. The richest and most populous
County, in 16S9, 92. Contest with
Calvert, respecting her boundary
Line, 1U6. Her position overruled
by the Legislature, 106 ; but fully
sustained by the Records, 107. Ma-
jor's Choice, and the Hon. Thomas
Marsh, 107.
Anniversary of the St. Tammany So-
cieties, 112.
Antagonism between the State and the
C mrch, 17 and 64.
Anthumpt, the Indian, Gift to Him,
from Mrs. Fenwick, 216.
Armorial Hearings : — Arms of the Bur-
ses, 72 ; of the Cal verts, 162 ; of
tiie Claggetts, 26-j ; of the El to ahead s,
217; of the Hansons, 79; of. the
llattons. 202; of the Lowes, 2.66;
of the Thomases, 82; of the Tilgh-
Q8, 263. Armorial seals, 72, 266,
163, and 79. Arms of the Province,
163. Arms of 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, 263. H .-aldic lily,
227. Early Practice of Carving ar-
morial bearings upon plate, 120.
Baltimore bird, 122. The fleur-de-
li-s, 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 tho
Beales, 83; of the Bennetts, 69;
of the Bowies, 83; of the Brasha-
ers, 84; of the Brents, 263; of the
Brettons, 224; of the Brooks, 74; of
the Burgesses, 261 ; of the Calverts,
163 and 171 ; of the CarroUs, 262 ; of
the Causins, 84 ; of the Chamberses,
262 ; of the Chases, 262 ; of the Clag-
getts, 266 ; of the family of Comegys,
85; or the Conners, 220; of the Con-
tees, 84: of the Darnalls, 267 ; of tha
Do Courcys, 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,
80; of the Hynsons, 261; of the
Jarbos, 84; of the Lacounts, 84; of
the Lamars, 84 ; of the family 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 Xeales,
; of the Pacas, 262; of the
Pearccs, 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 Suowdens
82; of the Spriggs, 265; of the
Stones, 262; of the Taneys, 265 ; of
the Tettershalls, 187; of the Tho-
mases, 82; of the Thompsons, 261;
of the Tilghmans, 263 ; of the Tylers,
265 ; of the Vaughans, 190 ; of the
Family of Wickes, 262 ; of the Wil-
kinsons, 204; of the Worthingtons,
83 ; and of the Wroths, 265.
Ascendency of the Puritans, 86 ; their
Intolerance, 86.
Assembly of Maryland, its Early Con-
INDEX.
275
Btitution, 42-43, and 142. Its analogy
to the primitive Parliament of Eng-
land, 42. Contrast with the Witena-
gemot, 50.
Assembly of 1633, the earliest of which
we have a satisfactory account,
211. Cuthbert Fenwick, a member,
211.
Assembly of 1648, 143 and 144. Names
of the Burgesses, 144. Their Protest,
144.
Assembly of 1649, 41-53. Names of the
Burgesses, 130 and 135. Their faith,
136-137, and 207-253. The Toleration
Act, 54-67. Bill 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.
Assembly of 16S9, 88. Report of the
commissioners to the Indians, 87.
Report of the committee of Secrecy,
88. Their accusation against Colonel
Darnall, and the other Roman Catho-
lic Deputy Governors, 89. See also
Protestant Revolution.
Augusta Carolina, the Name of St.
Mary's County, 47.
B.
Baltimore, barons of, 162-170 ; George,
168-64; Cecilius, 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 the Piseatawa>/s,
111.
Baltimore county erected, 1<">5. Settle-
ment upon Bohemia River, 80. Bohe-
mia Manor within the original limits,
106. Earliest Courts of the County
probably held upon the Eastern Shore,
106. The first foot-priuts of civiliza-
tion upon the Western Shore, 106.
Identity of Palmer's Island with
Watson's, 107. Clayborne's early
trading-post, 107. Spesutia Island,
107 and 269. Augustin Herman, 107.
His treaty with the Su8quehannocka y
269. Labadyists,81. Col. Nathaniel
Utye, 107. Site of Baltimore city
B.
within the supposed territory of the
Piscataways, 111. The Dorseys, 267.
Baltimore, Lady Jane, wife of the Hon.
Henry "Sewall, 169; subsequently of
Lord Charles 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 261.
Banks, Thomas, 235. Extract from
his will of 16S4, 235. Catholic ap-
plied to the faith of the English
Church, 235.
Banks, Capt. Richard, a law-giver of
1649, 135. His faith, 236. His en-
gagement to redeem from captivity,
the child of Thos. Allen, 235. Notice
of his life, 23=3-236. His marriage to
the widow of Mr. Secretary Hatton's
brother, 233.
Battle between the Roman Catholics
and the Puritans, 177-173 ; 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
1689, 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, S3 ; Col.
Ninian Beale, 88.
Bearings. See Armorial Bearings.
Bed-chambers, 120 ; much attention
paid to 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 130. Per-diem of the
Burgesses, 49.
Bishopric of Md., original seal of, 2CG.
See Armorial Bearings, arid Armorial
Seals.
Blood of Aboriginal Chiefs represented,
108.
Blood, the best Roman Catholic, de-
rived by the Lloyds, and other dis-
tinguished Protestant families, from
the Neales, 150. See also Neales.
Bohemian emigrants, 80 and 85.
Boundaries: — The Northern boundary
of Maryland included the site of
276
IXDEX.
B.
Philadelphia, 1C7; 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, lo7.
Bowies of Prince George's, S3. The
governor's ancestry probably Scotch,
S3. Their arrival, S3. Their rela-
tionship to the family of Wm, Bur-
gess, the early Deputy-Governor, 261.
Bradnox, Capt. Thomas, a freeman, in
the Assembly of 164S, 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.
Brents, their arrival, 263. Their faith,
268. Blood of aboriginal chiefs, 108.
Capt. Gile3 Brent's books, 216. Spirit
of a Protestant Vandal, 216. Brents
of Charle3 county, 1S9. Their sup-
posed relationship to the Piles, 189.
Relationship to the Fenwicks, 218.
Brents of Louisiana, supposed descend-
ants of the Hon. John Pile, 189.
Brent, Robt. James, late attorney-
general, his ancestry, 169 and 218.
Bketton, William, a law-giver of 1649,
185. His faith, 226-227. Notice of
his life, 224-223. His gift of a church
lot, 227. His cattle-mark, 226. Fleur-
de-lis, 227. Poverty of his children,
226. Application of 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 De la Brooke. 75.
Buookks, 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. Broolte.
B.
Browne, Richard, a law-giver of 1649,
135. Notice of his life, 229-280. 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. Hi3
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 16S9, 92.
" Men of Note " opposed to the Pro-
testant Revolution, 92. The Patux-
enti, 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.
Calvertos, Manor of, 196. Intended
for the dwelling-place of six abori-
ginal nations, 196
INDEX.
277
Canvass-back duck, 121.
Carroll, Charles, of Carrollton, arrival
of his ancestry, 2G2.
Carroll, Henry J., children of, suppos-
ed descendants of the Hon. John
Pile, 189.
Cases : — Case of Lord Baltimore and
the Penns, 167; of Capt. Banks, 234;
of Captain Bradnox, 124; of Robert
Clarke, 197; of Colonel Clayborne
(appeal to the Crown), 166-163; of
Edward Commin3, the Protestant
Vandal, 216; of John Cowman, the
wizard, 125; of Father Fitzherbert,
55-62 ; of Doct. Gerrard, 33 and 147 ;
of Robt. Holt, 153 ; of Martin Kirk
and others, 216 ; of Lieut. Lewis, 81 ;
of Doct. Lumbrozo, the Jew, 65-67 ;
of Overzee vs. Cornwallis, 155 ; of
the Paticxent Indians, 233 ; of Wal-
ter Peake, 251 ; of John Pile, 188 ; of
the PUcataway Indians, 151-152 ;
of Col. Price, 1S4; of Richard Smith,
92-93 ; of Gov. Stone, 178 ; of Michael
Taney, 92 and 104 ; of Thornborough
VS. 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., his 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,
246.
Cecil County, erected, 105. Its early
boundary, 106. Bohemia Manor,
105. See also Baltimore County, and
Augustine Herman ; and the Pearees,
the Thompsons, and the Hermans.
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.
Chamrkrs, Hon. E. P., his ancestry,
arrival of, -0.'.
Chapels, early provincial, 32-34, 159,
and 225. The first chapel, a wigwam,
159. St. Mary's Chapel, a token of
the concord between the Anglican
aud the Rumaa Catholic, 34. St. Ig-
C.
natius's Chapel, founded by a Roman
Catholic law-giver of 1649, 225-238.
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 the Patuxent,
erected in 1650, 75. See also Robt.
Brooke, and Calvert County. Char-
les County upon the Potomac, 104.
Lirge 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
carved out of Charles, 106. Charles-
ton, in Charles, in 1639, 105. The
place of Taney's imprisonment, 105.
Charleston, the first seat of Prince
George's county, 113.
Charleston, 113. Its early foundation,
113. Its site, 113. The original seat
of Prince George's County, IIS. The
place of Michael Taney's and Rich.
Smith's imprisonment, 105. In Char-
les County, during the year 1039, 105.
Charters, American Colonial, their his-
torical relation to the one given to
Lord Baltimore, 27-23.
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, 163.
Chases, their arrival, 262.
Chesapeakes, their dwelliDg-place, 109.
Number of their warriors, 109. Ruled
by the Poichatans, 109. See also
Indians.
Chew, Prof. Saml., his Anglo-Catholic
ancestry, 266.
Choptanks, 111. Descendants of the
Kuskarawoaks, 111. See also In-
dians.
Chopticons desire to put themselves
under the proprietary's protection,
196.
Chki j tkson, Winlock; and other minis-
ters, in the Society of Friends, 78.
Bequest of Doct. Sharpe, 73. See
also Quakers.
Christianity, 15-20.
Church, meaning of, upon the provin-
278
INDEX.
C.
cial records, when used by itself,
232.
Church Holt, definition of. See Holy
Church, and Words.
Cider, a favorite drink, 120.
Claggett, Capt. Thomas, ancestor of
the first Anglo-Catholic Bishop of
Maryland, 99. A Protestant, 92 ; but
opposed to the Revolution of 1639,
92 and 99.
Claggett, Doct., of Leesburg, his early
Anglo-Catholic ancestry, 266.
ClagGETTS, their arrival, 266. Posi-
tion of the emigrant, upon the Revo-
lution of 1689, 92. Arms of his
family, 266. Impaled upon the seal
of a bishopric, 266'; but previously
confirmed in the visitations, 256. Col.
Edward Claggett, and Sir Thomas
Adams, 266. Ancestor of the fir si
Anglican bishop of Md., 266. Pos-
terity of Capt. Claggett, 266.
Claim of the Roman Catholics, 123-161.
Clarke, Hon. Robt., a law-giver of
1649, 135. Surveyor-general of the
province, 195. II is 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. Win., 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, 73. The first upon
the Western shore, and within the ori-
ginal limits of Baltimore County, 107.
Supposed settlement upon Sharp's
Island, 73. Settlement upon Poplar
Inland, 73. A cousin of Col. Clay-
borne, 73.
Coffee, its great scarcity, 120.
Coin*, proprietary's, 119.
Combg*s, the family of, their arrival, 85.
Commander, office of, 191. Its great*
dignity, 1 92. Power given to an early
imander, to select his- councillors,
Compact between an Anglo-Catholic
king and a Roman Catholic prince,
>. Fidelity of the latter, 35.
Co • , 26-34.
Confbdbract. See Indians.
Conner, Philip, a law-giver of 1049, 135.
Hi:> faith, 2-Jl. and 288. Commander
of the county of Kent, 221. Sketch
<'f his life and character, 220-223.
His posterity, 222 -223.
Coxtee, 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.
Coode, John, a leader, in the Revolu-
tion of 1639, 93.
Copley, Rev Father, 153 and 159. Gift
from Governor Green, 1S2. 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.
Couxa-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
1639, 102-105.
Courts: — 1. The Provincial Court was
analogous to the 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 its
judges, 116. The judges taken from
the gentlemen, 116. 8. 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, 11S-119. Peake, 112 and
119. Roanoke, 112 and 119. The
coin of the lord proprietary, 119.
Specimens, 119. English and Euro-
pean coin, 113. Tobacco, the com-
mon currency, 119. Its value, 119.
Ct "tkijert, the prelate, and saint, 213.
His corpse, 213. His shrine, 213.
St. Cuthbert's cross, 213.
INDEX.
279
D.
Darn-all, Col. Henry, Deputy Governor,
in 1639, 90. Overthrow of the Go-
vernment, 87-100. His narrative,
96-100. Arrival at London, 100.
Darxalls, their arrival, and faith, 267.
Kinsmen of Lord Baltimore, 2£7.
Col. Henry Darnall, 87-100, and 267.
Place of his tombstone, 267. Early j
family seats, 267.
Davises, of Mount Hope, their ancestry, •
261, and 266. Their arrival, 261.
Declaration, Protestant, 71-72.
Dk Courcy, John, introduced by the
Hon. Thos. Hatton, 201. Note of in-
troduction to Capt. Bradnox, 201.
De Cocrcy, 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, 9-1. A master of the
whole Aboriginal diplomacy, 95. His
diplomatic services, 113. His faith,
'Jo, and 115. A cavalier, 115. Inte-
resting character of our negotiations
with the Iroquois, 113.
De Courcys, of Cheston, probably from
Ireland, 83. Their claim to the old
Anglo-Norman barony, 95, and 114.
High social rank, at the period of their
arrival, 20l and 114.
Db Coorcys, of My-Lord's-Gift, 114.
i>ii la Brooke, the Manor of, 75. Upon
the Patuxent, 75. The seat of a little
colony, 75. Held by the Brookes,
75.
Lelawares, 112. St. Tammany, their
great chief, 112. Ozenies, and other
tribes of Maryland, representatives
of the same race, 112. Honors paid
to St. Tammany, 112. St. Tammany
Societies, 112. May celebrations, 112.
Hall of St. Tammany, 112.
Dl KJB3, Col., a Deputy Governor, in
10VJ^96-100. Attack upon the State
House, 97. Surrender, 97.
DlNlOSSAS, arrival of, 79.
DiHlOSSA, Governor Alexander, 79.
DlNHBB-KBlVKS, their scarcity, 120.
Dorchester County, erected, lo5.
BTS, arrival of, 267. Will of Col.
Dorsey, 267. Supposed ancestor of a
Chief Justice of Md., 267.
Di'.nns, their early arrival, 262. One
of the prominent families of Kent,
261. Now represented, in the male
line, by a gentleman of Pa., 2 12.
Dittcu settlement upon the Delaware,
IS. Refugees in Maryland, 79. Gov.
Alexander Diniossa, 79. The families
D.
of Comegys, and Lockerman, 85.
Claim of the Dutch, 167.
Du Valle, Judge of the U. S. Supreme
Court, his ancestry, 84.
Du Valles, their arrival, 84.
E.
Eagle, 122.
Eden, Gov. Robt., 170.
Edmonstons, their arrival, 83. Their
posterity, 83.
Eltonheads, of Eltonhead, 215. Their
relationship to the Fenwicks, of Fen-
wick Manor, 209 and 215. Then-
arms, 217. A Privy Councillor of
Md., 215. A Master of the English
High Court of Chancery, 215.
Eltonhead, the Hon. Wm., a Privy
Councillor, 215. A Roman Catholic,
178. Shot in cold blood by the Puri-
tans, 178 aud 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 261-263.
Era of Roman Catholic toleration, 254.
Spirit which distinguishes it, 254-259.
Estates, large number of, with the Pre-
fix of St., 250. Names of many
tracts, 250-251. Names of the ori-
ginal Roman Catholic proprietors,
250-251.
Evans, Col. Wm., a Roman Catholic,
227 and 24). His cattle-mark, 227.
The guardian of Mr. John Maunsell's
son, 240. The god-father of Mary
Maunsell, 240. Fleur-de-lis, 227.
EVBB-LHMACDLATB, the application of, to
the Blessed Virgin, upon the Provin-
cial Records, as early as 1661, 228.
Falciiios, 123.
Families, provincial : —The Cadgers,
146; the DaviSes, 26L and 266; tin*
Eltonheads, 215 ; the Formans, 70
and 264 ; the Lachlans, 83 ; the M u-
Bhalls, 146; the family of Nichols, 70;
the Smiths, of St. Leonard's Creek,
99 ; the Smyths, of Trumpington, '.»_' ;
the Spaldings, 218; the Wests, 2
the Wickliffes, 146 : andtheWihn
26 '■. See also Arrivals.
280
INDEX.
F.
Feather, worn by the early cavaliers
of the Province, 12:J.
Fenwick, Cuthbert, one of the Pilprrims
of 1684, 2 '7 ; and a law-giver of 1049,
135. Sketch of his life, 20T-215.
His faith, 213-214. The leading
member of the Lower House, in 1G49,
212. The attorney of Captain
Cornwallis, in the Assembly, 210.
Plundered by Ingle, 210. A large pos-
terity, 217. Representatives at the
liar, in the Army, in the Senate, in
the Priesthood, and in the Hierarchy,
2 7 and 217-219.
Fenwicks, of Fenwick Manor, 217.
Fenwick, Ignatius, his ancestry, 213.
FeswiOK, 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,
21S ; President of Georgetown Col-
lege, 213.
Fenwick, Rev. Prof. George, his ances-
try, 218 ; brother of the Bishop of
Boston, 218.
Fenwick, Rc. Rev. Benedict, Bishop of
Boston, his ancestry, 218.
Fenwick, Rt. Rev. Edward, Bishop of
Cincinnati, 218.
Fes wicks, of Cole's Creek, 217.
Fenwicks, of Cherry-Fields, 217.
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 flie early
gentry of Maryland. 1J4; frequently
given in their wills, 124.
Fisheb, Rev. Father, 159.
Fitzhbrbkrt, Father, his case, 54-62.
FONDNESS for law-suits, mingled with a
veneration for judicial authority, a
characteristic of our ancestry, 154.
Forks, 12 ». Our ancestors dined with-
out them, 120. Their late introduc-
' in into general society, 120.
Fobmahs, of Clover-fields, and of Rose-
Hill, 70 and 201.
Forms, much used by our earlj fore-
fathers, 119.
Forts :— 1. Fort Kent, 44. 2. Fort Cray-
ford^. 3. St. Inigo's,183. 4. Sus-
quehannah Fort, 269. 5. St. Mary's
Fort, 82. 6. Fort Horn, its site, 177.
Supposed battle-field between the
Hunan Catholics and Puritans in
1055, 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 Bavises, 261 and 266. The
Goldsboroughs, 263. The Lowes, 266.
The Richardsons, 77 and 82. The
Shipleys, 82. The Taneys, 265. The
Tylers, 265-266.
Freeholders, 117.
French emigrants, 84-85. The Bra-
shaers, Causins, Contees, Du Valles,
Jarbos, Lacounts, Lamars, and Ri-
cauds, 84.
Friends. See Quakers.
G.
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 5S. A privy councillor,
56. Lord of St. Clement's Manor, 33
and 158. His non-compliance with
the Rev. Father Fitzherbert's requisi-
tion's. His cattle-mark, 227. Fleur-
de-lis, 227. His estates with the R.
C. prefix, 250. See also Cases.
Goldsborocgh, Hon. Robt. H., arrival
of his ancestry, 263. Ancestry of the
Goldsboroughs of Myrtle-Grove, and
of other families, 263. Blood of Abo-
riginal Chiefs, 168.
Goldsboroughs, of Myrtle-Grove, 263.
Gookins, Capt. Daniel, 151.
Government, frame-work of, 115-117.
Green, Gov. Thomas, a law-giver of
1649, 134. A Privy Councillor, 134.
His proclamation in favor of Charles
the Second, 131 and 256. Notice of
his life, and family, 181-182. 11 s
faith, 132. Sympathy with the royal
family, 181. A representative of the
Roman Catholic sentiment, 257.
Greens, of Green's Inheritance, ances-
try of, 182.
Crowth of a great idea, 23, and 26-36.
INDEX.
281
n.
Hanson, Col. Hanse, 79. His posterity,
T9. Arms upon the seal of a near
descendant, 79.
HahsoKS, of Kent, their ancestry, 79.
Hardwick, Lord Chancellor, his deci-
sion of the ca3e 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 2u2. A
Privy Councillor, 135. Clothed with
the powei-3 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.
Hatton, Richard, the brother of the
Secretary, 200. Arrival of his wife
and children, 201.
Hatton, Sir Christopher, 200.
Hatton, Sir Thoma3, 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.
Hawkix3. arrival of the family of, 263.
Their various family seats, 203. Two
of its mo3t 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 Williamses, of Roxbury, 264.
A large posterity, 261.
Head-clothes. See Mrs. Fenwick's
Will.
Hebden, Thos., his gift to the R. C. Mis-
sionaries, 240. His Deposition, 121.
Hempstead, Hon. Mrs., her ancestry,
83.
Hermans, of Bohemia Manor, their pos-
terity, 81 and 264.
Hkrman, Augustine, a native of Prague,
85; distinguished in the early history
of NewYork, 80. His Treaty with the
Suxquehannocks, L07and269. Settle-
ment upou Bohemia River, 80. A
H.
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.
Holt 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, 1S6.
Hood. See Mrs. Fenwick's Will.
Hundreds. See St. Mary's County.
Htnson, 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. Il-
lustrated in the history of American
Colonization, 22. Secret of the dig-
nity which belongs to the early epoch
of American history, 22. The settle-
ment 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 Ghesa-
peakes, 108. The Yoacomicos, 109.
The Jlatapeaks, 110. The Accomucs,
112. The Powhatans, 109 and 112.
The Patuxenti, 111. The Plscata-
ways, 111. The Susquehannocks,
lb). The Ozenies, 111* The Tock-
whoghs, 111. The MattapatUentSi
169 and 196. Kuskarawoate, ill.
The IroquoiSyllS. The Choptanks,
111. The 2/anticokea, 111. The
Wicomoconx, 196. The Lamascon-
xor.i, 196. The High<ihicixous, 196.
The Chopticons, 106. The Drl<i-
ictires, 112. St. Tammany, 112.
Pone, hominy, and other words de-
232
INDEX.
rived from the Indians, 122. Lega-
cies of Mrs. Fenwick to the Indians,
'-'16. Trial of the Piseataways, 152.
Acquittal of the Patuxents, 233.
Indian name for St. Mary's, 43. In-
dian name for Philadelphia, 1G6.
Two Indian arrows pledged by the
Proprietary to the Crown, 115. In-
dian haif-breeds, 108. The blood of
Aboriginal Chiefs represented by the
Goldsboroughs, and other families,
. 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,
83. The labors of the Missionaries,
118 and 160. Treaties at Albany, 113.
Susquehannah Fort, 269. Indian corn
cultivated, at a very early period,
122.
Ingle, Capt. Richard, his residence,
210. Name of his ship, 210. A Puri-
tan pirate, 210. His robberies, 210.
See also many of the Assembly-men
of 1619.
Iroquois, 112—114. Called " The Five
Nations," 113. Also, " The Northern
Indians," 113. A very warlike con-
federacy, 113. Their dwelling-place,
113. Alarm of the colonists, 113.
Our relations with the Ifoquois con-
stitute a very important part of our
Aboriginal History, 113. The Revo-
lution of 16S9, the result of a panic,
89. Treaties at Albany with this con-
federacy, 113. Philemon 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 before the American Revo-
lution, 45. Bought of Aboriginal
chiefs, 41. Under the jurisdiction at
Jamestown, 43. A hundred of St.
Mary's, 45. Erected into a County,
45. Annexed to Talbot, now to Queen
Ann The Mill, 44. Kent Fort,
44. Kent Fort Manor, 44. Court-
House, 45. Fort Crayford, 44. Rel-
ics, 45. See also Anglo-Catholics ; and
Assemblies.
Jamestown, settlement at, 41.
J.
Jarbo, Col. John, his legacy to the Rev.
Father of St. Ignatius 's Chapel, 225.
His 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, S4. See also Col.
Jarbo.
Jews, 62. Case of Doct. Lumbrozo,
05-67.
Jowles, Col., a leader in the Revolution
of 1639, 90-104.
Juries: — 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 Piscata-
icay Indians, 151. See also Cases.
Kent County : — See Anglo-Catholics ;
and Isle of Kent. Also Arrivals ;
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 Ifanticokes, 111.
Labadyists, their faith, 81. Their
dwelling-place, SI.
Labors of the early missionaries, the
most interesting chapter in the Abo-
riginal History of Mainland, 113, and
158-160.
Laciilans, of Montgomery county, and
of Missouri, their ancestry, 83.
Lacounts, a French family, 84. Their
arrival, 84.
La Count, Chief Justice of Kansas, his
ancestry, 84.
Lamars, their arrival, SI. A gallant
representative, 84.
Lamascoxsons desire to put themselves
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
16S.
Lawgivers of 1649, 123. Their names,
INDEX.
283
130 and 134-135. Fragment of the
Journal of 1649, 130. Conarmatory
extract from the Journal of 1650, 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 226.
Learning, low state of, 125. Gentlemen
make their marks, 125.
Leeds, arrival of the family, 262. A
distinguished posterity, 262.
Legislative heroes, 162-253.
Letters sent by private hand, 122.
Official dispatches by a special mes-
senger, 122.
Lewis, Lt. Wm., 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 50.
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 16S3, into a port of entry, 117.
Lowes, their arrival, 266. They came
from Denby, 266. Their arms, 266.
Close connection with Lord Balti-
more's family, 266.
Lowe, Hon. E. Louis, arrival of his an-
cestry, 266.
M.
Magruders, their arrival, S3. One of
the largest families of Maryland, S-">.
Will, and posterity of the emigrant,
S3.
Manners, George, a lawgiver of 1649,
135. Notice of his life, 281-282. His
M.
faith, 231-232. A soldier, in the
march of 1647, 231. His posterity,
232.
Manors, 115. The seats of an early
aristocracy, 115-117. Calverton, 196.
Cornwallis's Cross, 209. De la
Brooke, 75. Fenwick, 203. Kent Fort
Manor, 44. St. Clement's, 33, and 241.
St. Gabriel's, 115. Bohemia, 80.
Marsh, Hon. Thomas, his posterity, 69.
Major's Choice, 107. An award, 120.
Signer of the Treaty with the Susque-
hannoeks, 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 Catholic Queen, 150. Origi-
nally a feudal principalitv, 42, and
116. Her Patron Saint, 226. Her
guardian angels, 226. Her Roman
Catholic gentry, 116-117. See also
the Calverts ; Cornwallis ; the Neales ;
and other families. See also Manors.
The Cradle of Religious Liberty, 37.
Mash, Sarah, her identity with the widow
of the Hon. Thos. Marsh, 73. A Minis-
ter, in the Society of Friends, 000.
Bequest of Doctor Sharpe, 73.
Matapeakes, 45 and 110.
Matthews, Doct. Thos., of St. Inigo's
132. His faith, 227. Cattle-mark,
227. Gift to the son of Walter Peake,
249. Elected in 1650, 132. Succeeded
by Mr. Fenwick, 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 Lord Charles Baltimore,
169. The home of the Sewalls, 169.
Mattapany-hoose, the residence of the
Sewalls, 169 ; and of Lord Charles
Baltimore, 169. The Government
House, 169. The siege, and surrender,
99.
: Maunseli., John, his life, 237-211. His
faith, 23S-241. Col. Wm. Evans, the
guardian of his son, and the god-
father of Mary Maunsell, 24>.
May, Hon. Mrs., the ancestry of, 114.
Melons, 121.
; Mitchel, Mrs., ancestry of, 114.
MuNome.ntal Keuains: — Epitaph of an
234
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.
Nanttcokes, 111. Descendants of the
Kuskarawoaks, 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, 26S. Their arri-
val, 263. 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.
N^w York: — The Iroquois, 113. The
Swedes, 73, and 167. The Dutch, 79,
and 167. St. Tammany's Hall, 118.
A little colony from Manhattan, 80,
and 269. See also Augustine Her-
man.
Nichols, the family at Derby, their an-
cestry, 70.
NoBiLrry, the early germ of, 116.
O.
Opposition of the Roman Catholics to
the political party represented by the
Puritans 256.
Oysters, 121.
Ozknies, 111, Their dwelling-place
upon the Chester, 111. Their aflinity
with the Ddaicarcs, 112.
P.
Pacas, their arrival, 262.
Palmkr'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, 73.
Patuxents; — Their territory bounded
on one side by the Piscataicays, 111.
Large number of little nations and
tribe3, 111. Their friendship for the
colonists, 111. They propose to put
themselves under the proprietary's
protection, 196. Five Patuxents tried
and acquitted, 233.
Patcxent, 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 thatcity, 166. Tediousness of the
controversy with the Penns, 167.
Lord Hard wick's decision, 167. See
also New York. Baltimore & Penn,
166.
Pile, Hon. John, 1S6. A Privy Coun-
cillor of 1649, 135. His faith, 1S8.
Notice of his life and family, 136-
1S9. Related to the Tettershalls, and
to the Jarbos, 187. Ancestor, it is
supposed, of the Brents of Louisiana,
and the Carrolls of St. Mary's, 189.
His posterity, 1S9.
Pilgrims cf Maryland: — The year of
their arrival, 22. They brought with
them the germ of reliarious liberty,
37. The Ark, 37. The Dove, 37.
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, a> their patriarch,
165. Murders upon the plantation
of Capt. Gookins, 151. Trial of Skir/h-
tam-mough and Couna-weza, 151.
Wircosse, the emperor, 151. A trial
jury rrf twenty-four, 152. Large num-
ber of Roman Catholic Jurors, 152,
and 270.
Plantations, the most strikiDg feature
INDEX,
2S5
upon the face of our early provincial
society, 118. Early Courts and Coun-
cils held upon them, 118. The seats
also of trade, 118. Their town-like
appearance, 118.
Plasters, 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 auspices, as early as
1636, 78.
Population : — Population of Kent, in
1649, 145; of St. Mary's, 145. Popu-
lation of the Province, in 1649, 145.
Its population, in 1639, 103. Ratio,
in 1649, of the Protestant to the Ro-
man Catholic colonists, 147-148.
Possessions of our forefathers, their
lands and servants, flocks and herds,
232. See also Life of the Planters.
Post, 422.
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 Accomdcs included within
their territory, 112. See also Chesa-
peakes.
Pkatt, 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. His
high character, 184. Notice of his
life and family, 183-185.
Prince George's County, erected in
1695, 106. Carved cut of Calvert and
Charles, 106. Charleston, its original
seat, 118. New-Scotland, 82. The
Addisons, 267. The Beales, 83. The
Bowies, 83. The Brashaers, 84. The
Brookes, 75. The Burgesses, 201.
The diverts, 170. The Chiggetts,
266. The Oontees, 84. The Daraalls,
267. The Davises, 261. The Dinios-
sas, 79. The Du Valles, 84. The
Edmonstons, 83. The HattonB, 206
T>.e Lamars, 84. The Masruders,
83. The Pratts, 262. The Sewalls,
265. The Shipleys, 82. The Snow-
dens, 82. The Spriggs, 265. The
Tettershalls, 187. The Tylers, 265.
And the Wests, 268. See also Indians.
Printing- Press, 122.
Privy Councillors, 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. Annapolig
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 Plantations.
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 16-jO, 70. The
Puritan speaker, 70. The ascenden-
cy of the Puritans, a period of intol-
erance, 86.
Qcakers: — Their arrival, 76. Their
peculiar relation to the government,
63. Refusal to take the oath of sub-
mission, 63. Their case examined,
68 and 65. The exaggeration of his-
torians, 65 and 78. In 1659, in a le-
gal proceeding, a Quaker affirmed,
67. George Fox, 76. He preaches,
in the province. 77. His powerful el-
oquence, 77. Rapid growth of the
communion, 77. Names of the
preachers, in 1672, 73. Respectabil-
ity of the Friend--, 69 and 77. Doct.
Peter Bharpe, 77. Interesting ex-
tr act tram his will, 78. The Sharpes,
286
INDEX.
Q.
the Preston s, and other prominent
Quaker families, 65, and 77. The
Cliffs of Calvert, 77. West River, 77.
The Choptank, 77. Sharpe's Island,
78. Widow of the Hon. Thomas
Marsh, 78.
Queen Anne's County, 45. The Ben-
netts, 69. The Conners, 222. The
De Courcys, 114. The Formans, 70.
The Goldsboroughs, 203. The family
of Hawkins, 263. The Thompsons
264. The Tilghmans, 263. See also
Isle of Kent.
R.
Ricauds, of Kent, their arrival, 84.
Ricaud, Hon. Jas. B., his ancestry,
84.
Richardsons, of West River, 82. A
branch at Eutaw-Place, 82. Then-
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, 193. 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.
Romas Catholics: — Compact between
an Anglo-Catholic King, and a Roman
Catholic Prince, 2G. The arrival of
Roman Catholic Missionaries, 153-
1 69. 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. Mary's, 37. Honor due
to the first Roman Catholic proprie-
tary, 34, and 162-168; to the first
Roman Catholic Governor, 36-33, 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 hundreds, 157. Ratio
of the Protestant to the Roman Catho-
lic population of the Province, at the
period of the Assembly, 143. Spirit
which distinguishes the era of Roman
R.
Catholic Toleration, 254-259. Over-
throw of the Roman Catholic proprie-
tary in 1639, 87-100.
Sacs, a favorite drink, 120.
Sacrosaxcta, its use by the Latin
fathers, 54.
Sacrosancta Dei et Vera Christiana
Religio, 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 term ever-immacu-
late, 228.
St. Mary's City : — The first provincial
capital, 43. Named in honor of the
Virgin Mother, 43. Founded upon
the site of an Aboriginal Village, 47.
The Chapel, 32. The Fort, 32. The
State House, 117. Siege of 1639, 97.
Surrender of the State House, 97.
Seizure of the Records, 97. Fall of
St. Mary's, 10S. A shrine, 48.
St. Mary's County ; — The country of the
Yaoeomicos, 46. The treaty, 46-47.
Subsequently called Augusta-Caro-
lina, 47. The home of the Roman
Catholics, 149. Roman Catholic hun-
dreds, and manors, 153. The seatcf
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, office of, one of great dig-
nity, 203.
Servitude, three kinds of, 117.
Sev.-all, Hon. Henry, the ancestor of
the Sewalls of Mattapany-Sewall, 169,
and 265. A Privy Councilor, 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 1689, 96-100. Overthrow
of the Government, 99. Vindicated
LSDEX.
287
8.
against the charge of a conspiracy,
87-100.
Sewalls, of Mattapany-Sewall, their
ancestry, 261, and 265. Their rela-
tionship to the Burgesses, 73, and 261 ;
and to the Calverts, 169.
Shakamaxon, Indian name for a part
of Philadelphia, 166.
Sharpe's Island, originally called Clay-
borne's, 73. A settlement probably
under Col. Clayborne, 78.
Shipleys, of Anne Arundel, and other
Counties, 82. A branch, at Enfield
Chase, S3. Their arrival, 83.
Signet-ring, one of the articles of a
provincial gentleman, 123.
Silver-plate, 120. Its richness and
massiveness, 120. Much of it kept
by our ancestors, 120. They carved
upon it the arms of their own fore-
fathers, 120.
Shigh-tam-mough, a Piscataway Indian,
tried, convicted, and executed, 151.
Smith, Mrs. Barbara, wife of Richard,
90. Her narrative, 90-93. Her ar-
rival at London, 03.
Smith, Richard, ancestor of the Smiths
of St. Leonard's Creek, and of the
Dalanys, and Addi3ons, 99. Con-
nected with the family of Somerset,
93. Opposed to the Revolution of
16S9, 93. A brave and generous
spirit, 93. His imprisonment, 90-93
and 100.
Smyth, Hon. Thos., opposed to the Rev-
olution of 1639, 92. A signer of the
Address to the Crown, from the
County of Kent, 95. Ancestor of the
Smyths of Trumpington, and of Ches-
tertown, 92. A Protestant, 95.
Snowdens, of Prince George's, and of
other counties, 82.
Somerset County erected, 105.
Spalding, Rt. Rev. Martin J., bishop of
Louisville, his relationship to the
Fenwicks of St. Mary's, 218.
Spanish Emigrants, 85. Children of
Capt. Neale,
Spesutia Island, 107. Herman's trea-
ty, 107, and 209.
Spriggs, arrival of, 265. Their proba-
ble family seat in England, 205. The
relationship of the emigrant to I
Wm. Stone, 175. Foreman of the
Jury, in the case of Walter Peake,
251. Ancestor of Gov. Sprigg, 2
Starkie, Rev. Father, 159. A legacy
given him, 214.
S.
State of Society, 10S-127.
Stones, 262. Gov. Wm. Stone's life,
175-179. President of the Privy
Council, at the Assembly of 1645,
134. Year of his arrival, 176. Ilia
kinsmen at London, 175-176. Rela-
tionship to the ancestor of Gov.
Sprigg, 17.5. Ancestor 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
1788, ISO; of a Governor of the
State, 180 ; and of a Commissioner
* for the reform of the practice, in the
Courts, ISO.
Stone, William, the Governor in 1649,
42. Sketch of his life, character, and
family, 175-130. See also Stones.
Stone, Frederick, the Commissioner,
his ancestry, 180.
Stoke, Rt. Rev. Wm. M., his ancestry,
179.
Stone, Thomas, the Signer of the Decla*
ration of Independence, his ancestry,
179.
Stone, John, a Governor of Md., his
ancestry, 180.
Stone, Michael Jenifer, member of the
Convention of 1738, his ancestry,
180.
Stools much used by our forefathers,
119.
Sugar, its occasional use, 120.
Suitors, 117. See also Manors.
Surveyor 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 Yoacomicos,
upon the St. Mary's, 47 and 110.
Their noble figure, 110. Kindness to
Capt. Smith, 1 10. Their treaties with
Maryland, 111. Signers of the treaty
in 1652, 111. Territory ceded, 111.
Treaty with Herman, 111 and
They absorb the TocJcichoghs, 111.
Susquehannah Fort, 209.
Swedes, their settlement upon the De-
laware, 78. A fond remembrance of
their fatherland, 79. Refugees in
Maryland, 79. Ool. Hause Hanson,
79. His posterity, 79. Natives of
Sweden in Maryland, 35. Claim of
the Swedes upon the Delaware, 167.
233
INDEX.
T.
Taffeta. See Mrs. Fenwiok's will.
Taney, Michael, high sheriff of Calvert,
96. Ancestor of the Chief Justice,
97. Opposition to the revolutionary
party of 16^9, 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. Rosrer 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.
Tlttep.shalls, their English family seat,
J 67. Related to the Piles, 187. Resi-
dence in Prince George's County, 1S7.
Related to the Jarbos, ls>7. 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. & O. 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 Augus-
tina, 264.
Thorsborough, 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-
prietors of the site of Chestertown,
263. Tilghmans, of Hope, 264.
Tobacco, 122. The common currency
of the province, 119. The great pro-
duct, 122. The large trade in it, 122.
A source of revenue to the English
Crown, 122.
Tockwhoghs, their seat upon the Sassa-
fras, 111. A ferocious tribe, 111.
Probably absorbed by the Susquehan-
nocks, 111.
Toleration, not yet defined, 18 and 23.
The past, 23. The future, 23. The
pride of a Marylander, 24. The
toleration secured by the charter, 26.
Toleration under the first Governor,
36. Toleration implied by the official
oath, 39. Passage of the Toleration
Act, 52-53. Provisions of the Act, 54-
C4. Its influence upon the coloniza-
tion of Maryland, 6S.
Towns. See Provincial Towns.
Trade: — See Currency; Plantations;
Tobacco ; and Towns.
Travelling, 122.
Treaties of Lord Baltimore with the
Indians, 166.
Tunnell, Thomas, his discharge, 234.
Tylers, their arrival, 265. Name of the
emigrant, 265. His posterity, 265-
266.
Tyler, Saml., arrival of his ancestry,
265-266.
U.
Utye, Col. Nathaniel, a pioneer, 107.
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, ] 90-194.
Vine-Yards, 121.
Virginia: — The Accomacs, 112. The
( '/tesapeakes, 109. The Potchatdiis,
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, 1G3.
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 trie 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.
TV.
Waixscotted Walls, 120. Much ad-
mired, 120. Specimens still preserv-
ed, 120.
Welsh emigrants, 81-82. The Lloyds,
Piichardsons, Shipleys, Snowdens,
and Thomases, Sl-82. See also
Lloyds.
Wests, 26T. Their family seat, 267.
Preservation of relics, 268.
White, Rev. Father, 159-160. "The
Apostle of Maryland," 159.
Wickes, Col. Joseph, arrival of his an-
cestry, 262.
Wickes, arrival of the famiiy of, 262.
One of the most distinguished of
Kent, 262. The affection of the em-
igrant for a young Swede, 79. His
testimony against the revolutionists
of 16S9, 93-94. His posterity, 262.
He signs 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.
Wickliffb 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 (jkape-vine, 121.
Wild Bteawbbhbt, 121.
Wilkinson-, ReT. Win., the first Anglo-
Catholic clergyman of St. Mary's,
145 and 204. His arrival, 204. Arri-
val of his family, 204. Marriage of
his daughter to a nephew of Mr. Sec-
Id
W.
retary Hatton, 204. His residence
in St. George's Hundred, 146. His
occupations, 146. His indictment,
153. A Protestant jury, 155.
WilEiams, George Hawkins, his ances-
try, 264.
Wills of ocr 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.
Wilmers of 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 Mitchel, 50.
Meaning of Micel-geiheaht, 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 imma-
culate, to the Virgin Mother, 228.
The meaning of Church, when used
by itself, 197-19S, and 232. Uvly
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. Sacro-
sancta, in the Latin fathers, 54. Sa-
crosancta Dei et vera Christiana
religio, in the Charter, 27 and 56.
Honorable given to Privy Council-
lors, and Judges of the Provincial
Court, 186.
Worthingtoxs, S3-S4. Their early pos-
sessions upon the Severn, and upon
the Patapsco, 84. Will of the emi-
grant, 84.
Wrotus, 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
290
INDEX.
tlie Susquehannocks, 47 and 110.
Their country, by the Pilgrims, caB-
■ il A.ugu olina, 47. Village of
icomico, 4S. The Site of St. Ma-
ry's
City, 47. Treaty with Gov. Cal-
vert, 46-47, and 160. Kind reception
given, by the Yojaeomicoa, to the
Pilgrims of Maryland, 4C-47 and 109.
THE END.
Leijox Library
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