USA > Maryland > A sketch of the history of Maryland during the three first years after its settlement : to which is prefixed, a copious introduction > Part 14
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The court of " high commission for ecclesiastical affairs," a most odious tribunal, began now also to act against the Puritans with more severity and less control from the courts of common law, than they had done in the former reign. It was about this
* These ministers and elders, appear to have been of the Presbyterian class of Puritans, and not Brownists. Rapin's Hist. of England, (Tindal's edit.) Vol. 1, p. 18.
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time, that archbishop Bancroft exhibited his cele- brated Articuli Cleri,* in which he enumerates many grievances of the clergy, arising from the power exercised by the courts of common law in granting writs of prohibition to the proceedings of the ecclesiastical courts, and writs of habeas corpus for persons imprisoned by them ; among which courts, that of the "high commission" was the most prominent. This tribunal had been originally instituted in the reign of Henry VIII, as a substi- tute for the former power of the pope, and had been revived under the statute of 1 Eliz. ch. 1, which defined heresy, and authorized the queen to appoint commissioners, to sit as judges thereof in this highest ecclesiastical court. But, throughout the whole of her reign its authority is said to have been exercised with great moderation ; ; which appears to have been principally owing to the control of the courts of law .¿ King James, however, being evi- dently prejudiced against the common law, § and
* See them at large in Coke's 2 Inst. p. 601.
t Rapin's Hist. of England, (Tindal's edit.) Vol. 8, p. 78.
# Lord Coke affirms, (4 Inst. 332,) that although there . might have been many instances, in the reign of queen Eli- zabeth, wherein the high commission court exercised the power of fine and imprisonment, especially against the weaker sort, yet, as often as complaint had been made, the highest courts of common law always relieved them according to law and justice.
§ It is said, that he had dropped expressions of his inten- tion to establish the civil law in the room of the common law, Rapin's Hist. (Tindal's edit.) Vol. 8, p. 77, 79. It is no small enlogium on the common law, that the advocates for arbitrary
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SECT. VIII. having a high opinion of his own talents as a theo- logian, abetted and supported the bishops in the 1605. extent of their claims to an uncontrolled jurisdiction over all matters of heresy and religion .* The Pu- ritans, therefore, now became liable to be harassed not only with fines and imprisonment, by the com- mon law courts, for non-conformity, but to have their religious tenets examined by this high com- mission court, according to the test of heresy pre- scribed by the statute.t The rigorous penalties of
power, whether it is to be exercised by a mob or a king, have an invincible antipathy to this system of jurisprudence. The great securities for personal liberty and private property, which it upholds, are sad stumbling blocks in their way.
* For further information with respect to this curious con- test, which took place about this time, between the spiritual and temporal courts in England, see the several notes of cases on that subject in Lord Coke's 12th Rep. Also his 2 Inst. 601, and 4 Inst. 330. However censurable Coke's conduct was, in many instances, while he was attorney-general, parti- cularly on the trial of Sir Walter Raleigh, yet the noble stand which he made, when he became chief justice, against not only the arbitrary power assumed by the " high commission" and other ecclesiastical courts, but even against the lawless exertion of prerogative by the king himself, does him infinite honour. This independent conduct, however, in a few years, eventuated in the loss of his place of chief justice.
+ The statute of 1 Eliz. ch. 1, defines heresy to be, " only such matter or cause as heretofore have been determined to be heresie, by the authority of the canonical scriptures, or by any general council wherein the same was declared heresie by the express and plain words of the said canonical scrin- tures." As the almost innumerable variety of sects of the Christian religion unquestionably arises from their various modes of construing these " canonical scriptures," we are un- avoidably led to join Mr. Justice Blackstone in his remark on
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abjuration of the realm, or death as a felon, in cer- tain cases, under the before-mentioned statute of 35 Eliz. also hung over their heads. But it will surprise the reader at this day, after reading these severe denunciations against the Puritans, unjustifi- able indeed, upon any other principle than self-pre- servation, and after a minute search through the pages of the best historians of those times, when he finds considerable difficulty in discovering one soli- tary instance, where a Puritan was either burnt as a heretic or hung as a felon, merely for his religion. The instances of Udal and Penry, mentioned by Hume,* were cases of seditious libels, punishable with death under an abominable statute of 23 Eliz. They were instances of the arbitrary exertion of prerogative in the execution of a most tyrannical law against a po- litical crime. The two Flemish Anabaptists, burnt as heretics, in her reign, had no connexion with those species of Puritans denominated Brownists, who are the subjects of our present inquiry ; espe- cially, as these Brownists, or their successors in New England, subsequently considered Anabaptists in the same point of view : and the two Arians, who suffered at the stake for heresy, in the reign of James, were alike unconnected with the Brownists. Denying the divinity of Christ, or at least his con- substantiation with the Father, it is not probable, that
this definition-" that it would not have been the worse, to have defined it in terms still more precise and particular ; as a man continued still liable to be burnt, for what perhaps he did not understand to be heresy, till the judge so informed him."
* See his Appendix to queen Elizabeth's reign.
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SECT. VIII. such orthodox Christians as the Brownists would have treated them with greater leniency, had it been 1605. in their power. In corroboration of this, the re- marks of Hume, upon the same subject, may with propriety, be quoted: " Had the king," says he, * " been disposed to grant the Puritans a full toleration for a separate exercise of their religion, it is certain, from the spirit of the times, that this sect itself would have despised and hated him for it, and would have reproached him with lukewarmness and indif- ference in the cause of religion. They maintained that they themselves were the only pure church; that their principles and practices ought to be esta- blished by law; and that no others ought to be tole- rated. It may be questioned, therefore, whether the administration, at this time, could with propric- ty deserve the appellation of persecutors, with re- gard to the Puritans."
Suffering, as they certainly did, during the reigns both of Elizabeth and James, by fines and impri- sonment, for their non-attendance at the established Church, and now liable to be treated as heretics, by the high commission court, or compelled to abjure the realm, under the penalties of the statute before- mentioned, the only alternative left for them seemed to be conformity or a voluntary exile. From the small proportion which the number of those who subsequently emigrated to Holland, bore to the whole of their society, at that time in the kingdom, we may infer that an exterior conformity was adopt- ed by a very large majority of them. Perhaps, con.
* See his Appendix to the reign of James I.
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ciliatory methods, blended with compulsion, might also have been practised towards them; for we find that some of them were not proof against .either temptation or persecution. Their founder and leader, Brown, either frightened by the terrors of the law, or allured by the comforts of a good living, which, it seems, he afterwards accepted, surrender- ed the glory of heading a religious party, for a snug benefice in the established Church. Others, how- ever, stuck to their tenets with a more consistent obstinacy. From their own account of themselves, as handed down to us by the successors of their sect in America, they must have existed in consi- derable numbers, about this time, in the north of England, particularly in Nottinghamshire, Lanca- shire, and Yorkshire. They had there, it seems, formed themselves into two distinct bodies or churches. Over one of them Mr. John Smith pre- sided as pastor; over the other Mr. John Robinson.
* In the Extracts from the Plymouth Records, published in Hazard's Collections, Vol. 1, p. 350, are the following pas- sages on this subject : " These people became two distinct bodyes, or churches, in regard of distance of place, and did congregate severally, for they were of several townes and vil- lages ; some in Nottinghamsheire, some in Lankisheire, and some in Yorkshire, where they bordered nearest together. In the one of these churches, besides others of note, was Mr. John Smith, a man of able giftes, and a good preacher, whoe afterwards was chosen their pastour; but these after- wards falling into some errors in the Low Countreyes, there, for the most part, buryed themselves and their names.
" But in this other church, which must be the subject of our discourse, besides other worthy men, was Mr. Richard Clifton, a grave and reverend preacher, whoe by his paines . and diligence, had done much good, and under God had bin
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SECT. VIII. Preferring a voluntary banishment from their native country to a conformity to the discipline of the established Church, Robinson and a few of his fol- 1607. lowers stole away by degrees, (for it seems they were not permitted openly to leave the kingdom,*) The inde- to Amsterdam, as the states of Holland, after their pendents emigrate to !! ol- land. independence, affected to allow.a general toleration to all sects of religion. They had not lived at Am- sterdam more than a year, before ambition, through which even angels are said to have fallen, set these " holy brethren and exiled saints" by the ears. i After Robinson and his flock had been there some time, they were followed, it seems, by another company from England, under the guidance of the before-mentioned John Smith. As these congre- gations were not only distinct, but independent
a meanes of the conversion of many ; and alsoe that famous and worthy man, Mr. John Robinson, whoe afterwards was theire pastour for many years, until the Lord tooke him away by death ; and alsoe Mr. William Brewster, a reverend man, afterwards was chosen an elder of the church, and lived with them untill old age and death."
· Their dispersed situation, herein described, together with their danger in convening in large bodies, most probably first suggested that form of hierarchy which they afterwards adopted, to wit, that each congregation should be a distinct, independent church of itself.
* This prohibition appears to have been, to emigration in large companies, which was frequently attempted. See Ex- tracts from the Plymouth Records, in Hazard's Collections, Vol. 1, p. 351, and Rapin's Hist. of England, (Tindal's ed.) Vol. 8, p. 72.
t See the highly-wrought characters of " Tribulation, the pastor, and Ananias, the deacon, in Ben Jonson's Alchymist. written about this time.
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of each other, their pastors also claimed equal and distinct supremacy over their several and respective flocks. No subordination in their ecclesiastical go- vernment being acknowledged, these pastors, like little monarchs of two little neighbouring kingdoms, jealous of each others power, soon found cause of quarrel. Whatever this cause was, it eventuated, it seems, either through the superior prowess of Smith, or the more humble meekness of Robinson, in the removal of the latter and his followers to Leyden .*
During the residence of these people, both at Amsterdam and Leyden, it appears that they must have undergone considerable hardships. This, in- situation there.
1609. Their dis- tressing
deed, was naturally to have been expected. They were, most of them, poor country people, out of the north of England, raw and simple in their man- ners, and uninformed in their minds : fit subjects, indeed, for religious imposture. Many of them, perhaps, had been inured in their own country to the acquirement of their daily bread by personal la- bour, but they were now transplanted into another nation populous in the extreme, and with whom, . consequently, the means of livelihood, even by la- bour, were more difficult to be attained. Added to this, they were unacquainted with the language, and ignorant of the manners and customs of the people, with whom they now dwelt. There is nothing extra- ordinary then, that the leaders of this little band of enthusiasts soon had cause to complain, "that many
* Extracts last-cited, in Hazard's Collections, Vol. 1, p. 354, and Hutchinson's Hist. of Massachusetts, Appendix, No. I, at the end of Vol. 2.
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SECT. VIII. of their children were drawn away and departed from their parents ; some became soldiers, others 1609. took upon them for voyages by sea, and others worse courses, to the great grief of their parents and dishonour of God."* " They had just apprehen- sions, therefore, that their little community would soon become absorbed and lost in a foreign nation."f The celebrity which commonly attaches to the name of a founder of a religious sect, was in great danger of being forever covered in obscurity. If, perchance, some historian of the country in which they dwelt, should deign to mention their fortunes or their suf- ferings, it would be only with the sentiment of pity and compassion, the most galling circumstance to They form an ambitious mind. The glory, or if it is insisted the design of remo- ving to America. upon, " the natural and pious desire of perpetuating a church which they believed to be constituted after the simple and pure model of the primitive church of Christ, and a commendable zeal to pro- pagate the gospel in the regions of the new world," induced them to think of a removal to America. But to what part of that grand continent, whether to the southern or northern region of it, was not at first determined by them. Sir Walter Raleigh had raised the fame of Guiana, about this time, and it is probable, that they had heard of the successful progress of the English in colonising Virginia. The former was represented as "rich, fruitfull, and
* Extracts from the Plymouth Records, in Hazard's Col- Icctions, Vol. 1, p. 357-8.
t Holmes's Annals, Vol. 1, p. 197.
Ibid. antd see note (O) at the end of this volume.
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blessed with perpetual spring; where vigorous Na- SECT. ture brought forth all things in abundance and plen- VIII. 1609. ty, without any great labour or act of man;" but to this was opposed the unhealthiness of the country, and the propinquity of the Spaniards. Virginia was next thought of; and to this it was objected, " that if they lived amongst the English there planted, or so near them as to be under their go- vernment, they should be in as great danger to be troubled and persecuted for their cause of religion, as if they lived in England, and it might be worse; and if they lived too far off, they should have nei- ther succour nor defence from them. At length, the conclusion was, to live in a distinct body by themselves, under the general government of Vir- ginia."*
" Having formed this resolution, they delegated (in the year 1617) two of their society, Robert with the Cushman and John Carver, to go England, in or- Company, Virginia der to negociate with the Virginia Company for for that their sanction in this proposed settlement, as also purpose. to ascertain whether the king would grant them liberty of conscience in that distant country. These agents found the Virginia Company very desirous of the projected settlement in their American terri- tory, and willing to grant them a patent with as am -. ple privileges as they had power to convey. They found also friends to intercede with the king for
1617. Negociate
* Extracts from the Plymouth Records, in Hazard's Col- lections, Vol. 1, p. 360. " The general government of Vir- ginia," here meant, was that which took place under the se- cond and third charters of Virginia before-mentioned,
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SECT. VIII. them, particularly Sir Robert Naunton, who was then one of the secretaries of state .* When Sir 1617. Robert urged to the king, that it was bad policy to unpeople his own kingdoms for the benefit of his neighbours, and that he could have no objection to grant them religious liberty in America, where they would still continue to be his subjects, and where they might extend his dominions, his majesty's an- swer is said to have been, that it was " a good and honest proposal ;" but he positively refused to allow or tolerate them by his public authority 'under his seal, though he promised, that he would connive at them, and not molest them.f Their friends in England, notwithstanding this refusal, advised them to pursue their scheme of settlement, and gave it as their opinion that they would not be troubled.
1618.
With this answer, the agents returned to Holland in the year following ; but the king's refusal damped the ardour of their religious brethren, for a removal for some time. Debating upon the subject among
* He was appointed to this office on the death of secretary Winwood, in October, 1617, together with Sir George Cal- vert, who afterwards projected the colonisation of Maryland. See Rapin's Hist. (Tindal's edit.) Vol. 8, p. 135. The ap- pointment of these two gentlemen, of opposite characters, at the same time, may be reckoned among the singularities of king James. Sir George was an acknowledged Papist, and Sir Robert a Protestant, much inclined to favour the Puri- tans ; which seems to confirm an observation of Hume, (Hist. of England, ch. 46,) that James seemed to make it a matter of conscience, to give trust and preferment almost indiffer- ently, to his Catholic and Protestant subjects.
t Mod. Univ. Hist. Vol. 39, p. 271. Extracts from the Plymouth Records, in Hazard's Collections, Vol. 1, p. 361,
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themselves, it seemed to be at last, the opinion of a SECT. majority of them, that they might safely proceed without an express licence of the king. Reasoning 1618. very justly on the king's character, they concluded, that if there was no security in the promise inti- mated, there would not be much greater certainty in a written confirmation of it: for if afterwards, there should be a purpose or desire to wrong them, though they had a seal as broad as the house-floor, (as the writer expresses it,) it would not serve the turn, as there would be means enough found to recal or reverse it. Wherefore, they resolved to despatch messengers again, to conclude a contract with the Virginia Company, and to procure a pa- tent with as good and ample conditions as they could; as also to treat and agree with such mer- chants and other friends, as had manifested a dispo- sition to hazard some capital in the adventure of such a voyage.
, Their agents arriving again in England, in the 1619. succeeding year, (1619,) found the council and Dissen- Company of Virginia* so disturbed with factions the Vir- sions in ginia con and quarrels among themselves, as that no business pany occ of any importance could be transacted with them. sion dela These dissensions appear to have been founded on very frivolous grounds, if we are to believe the statement of them given by Robert Cushman, one
* This council and Company of Virginia, was composed of persons acting under the third charter of the South Vir- ginia or First Colony, sometimes called the London Compa- ny. The North Virginia, or Plymouth Company, appear at this time to have relinquished all further attempts at making settlements.
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SECT. VIII. of the agents for the Puritans. * It seems, that not long before the last agents had returned to England, 1619. Sir Thomas Smith, repining at his many offices and troubles, wished the Company of Virginia to ease him of his office in being treasurer and governour of the Virginia Company; whereupon the Company took occasion to dismiss him, and chose Sir Edwin Sands in his stead. But Sir Thomas, vexed it seems, at being so soon taken at his word, grew very angry, and raised a faction to cavil and con-' tend about the election, and endeavoured to tax Sir Edwin with many things, that might not only dis- grace him, but also either induce him to resign or disqualify him for the office .; What was the issue of these bickerings, Cushman does not state : but Sir Edwin continued in his office ; and the affairs of the colony already planted in Virginia, seemed to have prospered unusually from his accession there- to. From his letter to Mr. Robinson and Mr.
* See his letter dated May 8th, 1619, taken from the Ply- mouth Records, in Hazard's Collections, Vol. I, p. 366, 368.
t It may, perhaps, not be unnecessary to mention, that this Sir Thomas was not the learned Sir Thomas Smith, who was so celebrated in the reign of queen Elizabeth. That gentle- man died in August, 1577. See Rapin's Hist. (Tindal's edit.) Vol. 7, p. 404. This was probably some eminent merchant of London, and a city-knight. He was appointed treasurer of the Virginia Company by the king, in the body of the second Charter of Virginia, of May 23, 1609 ; though provision was made by that charter, that such treasurer should afterwards be elected by a majority of the Company, and the third char- ter seems to have confirmed that privilege.
# Sir Edwin Sands (or Sandys,) is represented by Hume, (Hlist of England, note [DD] to chap. 45,) as " a man of the
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Brewster, of November 12th, 1617, he appears to SECT. VIII.
have been friendly to their proposal of removing to America. It is couched in those polite and oblig- ing terms, which the chief officer of such a com- pany, who possessed liberal and generous senti- ments, would have written .*
The extraordinary ill-treatment- of a certain cap- tain Blackwell, towards some passengers of his ship, whom he carried about this time, as colonists to the settlement on James' river, in Virginia, operated much in the discouragement of the intended remo- val of the Puritans.t However, a patent being at length obtained from the Virginia Company, it was carried to Leyden for the consideration of the peo- ple there, with several proposals from English mer- chants and friends, for their transportation. By the advice of some friends, it seems, this patent was not taken in the name of any of the society at Ley-
greatest parts and knowledge in England," at this time next to Sir Francis Bacon. It was, on Sir Edwin's suggestion, after he was at the head of the Company as treasurer, that a freight of young women was sent over, in the 1620, to the planters of Virginia, to be bought by them as wives, they being mostly destitute of families. The scheme succeeded so well, that it was repeated. It was probably also owing to him, that the commerce with the colony in Virginia, which had hitherto been monopolized by the treasurer and company, to the great depression of the colony as it was said, was in the same year laid open to all without restriction. See Holmes's Annals, Vol. 1, p. 204, 206.
* Sec this letter and their answer in Hazard's Collections, Vol. 1, p. 362.
t See Cushman's letter, in Hazard's Collections, Vol. 1, p. 362.
1619.
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SECT. den, but in the name of a certain John Wincob, or
VIII. Wincoll, who was a servant in the family of the Countess of Lincoln.
1620. Embark for Ame- settle in
After mature deliberation, it was at last agreed, rica, and among the Puritans at Leyden, that a part of their Plymouth, congregation should go to America, in order to Massa- chusetts. make preparation for the rest; and therefore, such as chose to become the first adventurers were re- quested to fit and prepare themselves for the voy. age. Several of the congregation sold their estates, and made a common bank ; which, together with money received from other adventurers, enabled them to purchase a small vessel of sixty tons, and to hire in England another of one hundred and eighty tons, for their intended enterprise. In this smaller vessel, the first adventurers embarked at or near Leyden, for Southampton, where most of them were to re-embark on board the larger ship, called the May-flower. They were under the conduct and direction of William Brewster, the ruling elder of their church ; for Robinson did not accompany them .* After their arrival at Southampton, their
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