USA > Maryland > Studies in the civil, social and ecclesiastical history of early Maryland; lectures delivered to the young men of the Agricultural College of Maryland > Part 16
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229
APPENDIX.
in a foreign than in their native land of England. Nor is the baron himself able to find support for the fathers, nor can they expect sustenance from heretics hostile to the faith, nor from the Catholics, for the most part poor, nor from the savages, who live after the manner of wild beasts.
" The zeal of the said Father Provincial conquered these and other difficulties, and at first two fathers were sent · out, as it were, to explore and ascertain if there might be any hope of the gain of souls, when the country should appear 'white to the harvest.' Some years ago, a geo- graphical description of this country was presented to his Eminence, Cardinal Barberini, protector, with an humble petition that he would deign to receive the Fathers sent out there, under the patronage of his kind protection, equally with the rest in England, so that the matter might be iransacted in the most secret way and without offence to the state of England. After this the fathers indeed in- creased both in numbers and in courage, in hunger and in want, in frequent diseases, which were fatal to some, and, lastly, through various dangers, applied themselves with constancy to the salvation of souls, learnt the Savage language, which is composed of various dialects, com- posed a dictionary, a grammar, and a Catechism for the use of the infidels, and the Divine goodness was pleased, so to favor these attempts that, beside others, a certain Emperor, having many tributary kings under him, with his wife and family and some of his ministers, were brought to the faith, and unless hindered, 'a domestices fidei,' a great door was laid open to the gospel. These impediments, and severe ones, did indeed arise, and from those from whom they were the least due.
230
APPENDIX.
" For since the said baron was unable to govern Mary- land in person, he appointed as his substitute a certain Mr. Lewger his secretary, who was formerly a minister and preacher, and being converted to the faith, retained yet much of the leaven of heresy; for he still maintained those dogmas so justly offensive to Catholic ears,-that no external jurisdiction was given by God to the Supreme Pontiff, but merely an internal one in foro conscientia, that no immunity of goods or persons was due to him, or any other ecclesiastics, except as such lay princes and seculars chose to confer upon him or them; that it would be a great offence, to be mulct by punishment, to exercise any jurisdiction whatsoever, even of absolving from sins, without special license from the baron, from whom all lawful jurisdiction was derivable. That a virgin, making a vow of virginity, and not marrying after the twenty- fifth year of her age could not hold lands by heirship, coming from her parents, but that they must be sold, and if the party refused to do (so), then by compulsory sale. That the General Assembly or Parliament possesses so great an authority over the property of all, that it could dispossess every one it chose of their all, even to the under- garment, for the use of the Republic, and other such like propositions of the said Mr. Lewger are comprehended in 20 questions which are laid before this Sacred, Congre- gation by the hands of the Secretary.
"Therefore this Secretary, having summoned the Par- liament in Maryland, composed with few exceptions of heretics and presided over by himself in the name of the Lord Baltimore himself (probably in 1640) he attempted to pass the following laws repugnant to the Catholic faith and ecclesiastical immunities: That no virgin can
231
APPENDIX.
inherit, unless she marries before 29 years of age; that no ecclesiastic shall be summoned in any cause, civil or crim- inal, before any other than a secular judge; that no eccle- siastic shall enjoy any privilege, except such as he is able to show ex scriptura, nor to gain anything for the Church, except by the gift of the prince, nor to accept any site for a church or cemetery, nor any foundation from a convert Indian King, nor shall any one depart from the province even to preach the Gospel to the infidels by authority of the See Apostolic, without a license from the lay magis- trate; nor shall any one exercise jurisdiction within the province which is not derived from the baron, and such like.
"The fathers of the Society warmly resisted this foul attempt, professing themselves ready to shed their blood in defence of the faith, and the liberty of the Church, -- which firmness greatly enraged the Secretary, who imme- Gately reported to the Baron Baltimore that his jurisdic- tion was interrupted by the fathers of the Society, whose doctrine was inconsistent with the government of the province. Hence, the said baron, being offended, became alienated in his mind from the fathers of the Society of Jesus, and at first ipso facto seized all their lands, and let them to others, as though he were the lord and proprietor of them, although King Patuen had given them the same lands, when he was a catechumen, upon the express con- dition for supporting priests who had brought his subjects to the true knowledge, faith and worship of God. The said baron, with others favorable to his opinions, began to turn his attention to the expulsion of the fathers and the introducing others in their stead, who would be more pliable to his Secretary. Therefore he procured last year,
232
APPENDIX.
to petition the sacred congregation of the propagation of the faith, in the name of the Catholics of Maryland, to grant a prefect and priests of the secular clergy, faculties for the same mission, making no mention in the mean- time, of the labours of the fathers undertaken in that harvest, nor expressing the motives which induced him to substitute new priests. And in order that he might have some new grounds to urge for calling away the fathers of the Society from thence, he proposed certain points, similar to those laid before the Sacred Congregation, to be presented to the provincial by the hands of the Secretary, that he might subscribe them in the name of himself and of the fathers in Maryland.
" But the Sacred Congregation, being entirely ignorant of these matters, granted the petition, and in the month of August, 1641, faculties, were expedited from the Sacred Congregation, and were transmitted to Dom Rosetti, now Archbishop of Tarsus. But since, perhaps, either the prefect is not as yet appointed, or the faculties delivered, but are as yet it is hoped, in the hands of Father Phillips, the Confessor of the Queen of England, the said provincial humbly begs of your Eminence to deign to direct that the said faculties be superseded if the matter is yet entire, or if by chance the faculties are delivered, that the departure of new priests may be retarded for so long as to allow the Holy See to decide upon what is best to be done for the good of souls.
"The fathers do not refuse to make way for other labourers, but they humbly submit for consideration whether it is expedient to remove those who first entered into that vineyard at their own expense, who for seven years have endured want and sufferings, etc .; who have
233-234
APPENDIX.
lost four of their own confreres, labouring faithfully unto death; who have defen led sound doctrine and the liberty of the Church, with odium and temporal loss to them- selves; who are learned in the language of the Savages, of which the priests to be substituted by the Baron Balti- more are entirely ignorant, and which priests either allow or defend that doctrine from which it must needs be that contentions and scandals should arise, and the spark of faith be extinguished, which begins to be kindled in the breast of the infidels.
" Nevertheless the fathers profess themselves ready with all submission either to return to England, from Mary- land, or to remain there and to labor, even to death, for the faith and the dignity of the Holy See, as may seem fit to the prudence, the goodness and charity of your Emi- nence."
[Quoted by B. T. Johnson, in The Foundation of Maryland, from Stonyhurst MSS., Anglia, Vol. IV, IOS k, verbatim. ]
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45%
INDEX.
A
Adventurers, English, the causes that animated them, 11
American Revolution, 23, 163
Arrow-heads. the consideration in the Maryland charter, 27,58 Avalon, charter for, 33 advowson of churches to grantee, 36
a failure as a province, 45
Amount spent by Calverts in founding Avalon and Maryland, 46 American wilderness little es- teemed by the king, 54
Absolute lord, title of Lord Bal- timore, 54
Assemblies provided for by Maryland and Avalon charters 62 - law of 1638 provided for composition of, 94
- proxies allowed. - 91
- divided into two houses, 95 - lower house claimed func- tions and power of House of Commons. 146
- lower house. conduct of during French War, 154
Authority and jurisdiction re- stored to Lord Baltimore, 71
Allegiance, oath of, 73
"Act concerning religion" of 1649, 100, 107
- joint act of proprietary and people, 113
- reviewed by sections, 115
- use of it made by Lord Bal- timore, 118
of 1654, 113
Anabaptists in Holland granted religious freedom, 105 Ark and the Dove, 107
Actofestablishmentof religion, review of features, 133
Abbot, Archbishop, and Cal- vert's change of faith. 112
Agitation of extension of Eng- lish statutes to colony, 151
Agitation of requisitious for French War, 153
Agitation of proclamation ques- tion, 158
Arbitrary government in reign of George III. 173 Attorneys privileged, "one of grand grievances," 195
Alexander VI, Pope, grant of 1193, 16 - - act to reform, 195
- certain number to be. ad- mitted, 195
- fees fixed by law, 195
B
Brazil discovered 1499, 17
Baltimore, Cecilius, Lord, taught by father's experience, 25 sole grantee, 25
- despair of colony in 1614, 91
- principle in administration,
02
- authorizes Governor to as-
sent to laws,
94
Baltimore,
Benedict,
Lord,
change of faith,
142
- pensioned by Queen Anne, 143 26 Brownists from Holland,
48
Buckingham, Duke of,
Boundaries of Maryland, 63
- contention settled 1760, 63
Blockhouse built, 69
Berkeley drove out Puritans
from Virginia.
71,85
Bulla in cona Domini,
88, 114
Burgesses as composing assem-
bly,
94
Bartholomew, massacre of, 105, 117
Bray, Dr., commissary,
139
Bachelors taxed,
154
Branding irons,
190, 191
Benefit of clergy,
C
Cabots, the, sent out by Henry
VII,
9
- commission to, 13
Commission to determine a N. and S. line between posses- sions of Spain and Portugal, 16
Canada, French possession of, Charles I. 50,50
17
Charles II bestowed Dutch pos- sessions on his brother, 19
--- jealous of New England col- onies,
- and Habeas Corpus Act,
-
.
236
INDEX.
Charles II and charter to Wm. Penn,
29
Conquest, right obtained by, 20
- territory so obtained be -. longed to king, 20
Civil war in England, how brought on, 22,50
Charter, a law bestowing privi- leges. 23
- to New England 1620, 26
Governor to exercise mar- tial law,
26
- to Duke of York, 32 53 - of Maryland, description of, 55
- gifts of hereditary, - titles, honors, &c., to be granted under,
Charters by royal grant,
- comparison of,
- radical difference between, Cost of settlement of Maryland, Councils for Virginia,
26
Consideration in charter of & va- lon,
of Maryland,
- of Carolina,
.of Georgia,
Conflict in colonies between two great principles, 30
Colonial charter, no law in force without people's consent, 33
Churches, as provided for in the Maryland charter, 37 38 44
- in charter of Carolina,
Calvert, George, description of, - offices held by, and enter- prises of, 45
- Carolana, 46
- a great speculator. 46
- change of religious faith. 47, 48 'Calvert, Cecilius, description of, 49, 53
age at succession to name and estates, 51
Calvert, Leonard, Governor 67
---- took refuge in Virginia, 69
Court Leet and Court Baron, 56
Coming of the colonists, 61
Chalmers quoted, 61
Criminals sent to America,
Claiborne and Kent Island, and Ingle,
- and Bennett,
Church and State, alliance of,
Cause of the frequent uprisings in Maryland,
Complaints against Lord Balti- more's administration,
Charles, the third Lord Balti- more,
- testimony as to religious bodies in Maryland, 78, 108
character of, 122
- charges against, 122
- ~ private rights preserved in Protestant revolution, 125
- died in 1:14, 143
80 Conditions of plantation, terms and amount of land given, of 1641, 88
Cornwaleys, Thomas, number of servants brought over, 81 Canon Law and the Jesuits' claims. 86
Common Law, the right of all the inhabitants of Maryland to, 98, 149
Code of 1639, the Maryland con- stitution, 98 Commonwealth, English, and religious freedom, 103 Conscience and the contentions it has wrought, 102
Church matters before Protest- ant revolution and afterwards, 126 Church of England in great mi- nority in 1692, 131
why chosen for established - maintenance. 131
Churches built by tax, how levied, 131
Current expenses, how raised,
135
Charles, fifth Lord Baltimore, description of, 147
-- and Frederick Prince of Wales. 148
died in 1751, 148
Contribution to French War, 1.54. 154
Carroll, Charles, of Carrollton, 100 Clergy tax and the proclama- tion, 160
-- statement of the question, 161 Confederation of the States and Maryland, 163
Commissioner for stamped pa- per, how treated, 170
Convention, Maryland, June, 1774. 175
Continental Congress of 1774, 178
Cole, Josias, Quaker, in Mary- land, 200
Christison, Wenlock,
201
Connor, John, witchcraft, 202
D
Description of Maryland histo- rians, vi
Division of the East and West between Spain and Portugal, 15 Dutch settlements on the Hud- son and Delaware, 19
Dutch, English at war with, 19
Duteb and Swedes occupy
shores of the Delaware, 64
1
68 69 69 50
55 24 24 25 25
Colony, royal, laws submitted to king. 26 27 27 27 27
INDEX, 237
Development of civil and relig- ious liberty, 24
Delaware, Penn's desire for, 61
Delaware territory, how lost to Lord Baltimore, 64
Dulany, Daniel,
160
his statement of colonial po- sition during stamp act agita- tion, 109
- and home manufactures, . 170
Declaration of Independence by Maryland, 183 -- by United States. 184
Ducking-stool,
189
" Drawing." " hanging," " " quar- tering," " burning," 192
Debts, law concerning, 193
Drunkenness punished,
197
E
English people apathetic in dis- covery during 10th century, 9 --- subjects, rights of in colo- nies usurped by king, 21
- freemen, rights of, when as- serted, 49
thought. condition of in 1625, 50 Elizabeth, Queen, 18, 30, 31 Elector Palatine, son-in-law to James I, 49
Emoluments of the proprietary, 58,50
Emigrants recalled to take oaths; 74 Establishment of the church de- scribed, 131,132 - a police measure, 133
a compromiso measure. 135
Education, condition of in 1689, 128
- promoted by Protestant re- volution, 138
Eden. Governor, 150, 162
Eddis, testimony concerning con- dition of Maryland, 175, 182 Expense to Maryland of the Re- volution, 185
Ears, cropping of,
191
F
France and Germany, attempts of to colonize. 10
French War,
17, 155
French marriage, proposed, of Prince of Wales, 48
French Revolution, cause of.,
Feudalism wamne. 17, 126
Florida, Freuch settlement in, 18 Founders of States, memory of cultivated, 40
Founders of Maryland not noted, 43 Fendall, Governor,
Felons sent to Maryland, 84.
First colony, constituents of, 93
Freemen, all sat in first assem- blies, 9.1
Frederick, sixth Lord
Balti-
more, description of,
149
died, 149
Fees of colonial offices, 158
Forty pounds poll and Gover- nor's proclamation, 160
G
Guinea bestowed by Popc on the Portuguese 1454, 15
Gilbert, Sir Humphrey, 18
Gates, Sir Thomas, 18
Grantees of charters to be at their own charges, 24
Georgia, consideration in char- ter, 27
-- charter and imposition of of taxes, CO
Gold and silver reserved by king, 28
Great Rebellion, causes of, 30
Germans settled in western parts of colony, 85
Governor enjoined to make no religious distinctions in be- stowing offices. 111
Government assumed by the people in 1775, 162
Gerard, Thomas, councillor, punished for intoxication, 197
H
Harvey, Governor, 1638,
Habeas Corpus extended to col- onies, 22, 152 Henry VII and absolute power, 30 Hampden, 33
Heretics in majority from the
start,
90,108
Holland the great exponent of religions liberty. 32
- religious persecution in, 105
- the States General of, and religious freedom, 100
House, upper, who composed, 95 --- lower, who composed, 25
Holy Church to have all her rights, &c., 96
Hutton, Secretary, 110
Harford, Henry, 142, 150
succeeded to property in
colony,
161,162
Hand, loss of, for striking in
court,
100
I
Initiative in legislation, 22, 56,51 Ireland, Calvert's possessions in, 46
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238
INDEX.
Immigrants, first company to Maryland, 65
Indians, charges that Claiborne tampered with, 69
- converted by Jesuits, 86
- treatment of in Maryland, 203 "Instructions" sent with col- ony, 74
Inquisition in Holland, 105,117 - Penn's charter, 38
Immorality, prevalence of in
colony, J28, 129, 130
J
James I, King, 18, 23, 28
James II jealous of New Eng- land colonies, 27
- flight from England, 121
Jurisdiction of Lord Baltimore overthrown, 71 Jesuits' work among the In- dians, - and the English debt, 166 86 - in harmony with the na- tional movement, 167
- disqualified by training to
be members of a free com- monwealth, 86
Lord Baltimore's descrip- tion of, 90
Jurymen, law eoucerning, and their liabilities, 191
K
Kent Island, Claiborne's settle- ment there, 68, 84
L
Laws of nations,“ decent respect for." 17
- of Maryland to be conso- naut to reason and not repug- nant to laws and customs of England, 57
- - series of 1639, 96
Liberty, spirit of, prostrated by Wars of Roses,
- 30
Legislation, powers of the people, 32
London, Bishop of. to be peti- tioned by people of Pennsyl- varva for ministers, $8
Lewger, Secretary, vilified by Jesuits, 76
"summoned a Parliament." 80, 108
deprived of office, 110
Locke and legislation for North Carolina. 82
Langton, Stephen, Archbishop, 90
Laud, Archbishop, 116
Louis XIV and his edicts, 121 Lexington, battle of. 184
Legislation, odds and ends, 187
M
Marco Polo, 12
Marks, twenty, consideration in Carolina charter, 27 Magna Charta, 29, 83. 96,98 Monopoly, English, of colonial trade, 32
Ministers, how provided for in
Manors and manorial rights un- der charter, 56, 82
81
Manors, proposed privileges of, Maryland first province of Eng- lish empire, 61
charter provided for assem- blies, 34
- and religious freedom, 104
position in regard to Eng- lish Revolution, 122
development during royal government, 154
- and the colonial congress of 1765, 169
- soldiers, where they fought, 184 Mortmain, statute of. 76 Matrimony, elaims of Jesuits in matters of. 86
More, Sir Thomas, and relig- ious liberty, 103 Meeting-houses and chapels, 188
Morality, laws to punish viola- tions of, 198
Marriage of white and negro, 198
N
Nicholas, Pope, bestows Guinea on Portugal, 15 Newfoundland, attempted set- tlement in 1583, 18, 45
New Jersey, alienation of juris- diction, 19
New Plymouth, Brownists set- tled at, 26
New England colonies, 27,29
North Carolina and aristocratic titles, 56
Negroes in Maryland from be- sinning, 65 Nonconformists, relative num- ber of in 1676. 78 Naturalization of foreigners, 85 Navigation acts, 120
Nicholson, Governor, and edu-
cation,
138
Non-importation,
170, 174
Noso, slitting of,
191
0
1
Oaths of allegiance and suprem- acy, 73
1
239
INDEX.
"Objections answered touching - changed in 1648, 110
Maryland," paper of Provin- cial of the Jesuits, 77,109
Officers appointed in 1648, 110
Oath required of Governor and Council 1648, 111
Oaths at time of Protestant Revolution, 136
"Otfences " in colonial legisla- tion, 193
Ordinaries regulated, 198
P
Portuguese, energy in discovery, 14 Pope, claims to bestow coun- tries, 15
Papacy, assumptions of, 17
Prerogative, notions of James I and Charles I, 22
Parliament silent in colonial matters, 21
- in earlier times only assisted king to govern, 33 50
Parliament, the Long,
Proprietary colonies, doscrip- tion of, 27
- lands must be taxed, 155
- government restored, 142
- government, contention with fitted for subsequent struggles, 145
Pennsylvania, condition in char- ter in respect of submitting laws. cost to Wm. Penn, 58
29
Provision in charters for emer- gencies,
29
Penn, Win., prerogatives limited in charter, 29
Productions of colonies, how reached other countries, 32
Promoting religion as a motive for sending out colonics, 34
Population of colony, how
People always liege subjects of King of England. 58 Province, description of. 61 matters of religion, 75 Philadelphia. built within Mary- land territory. 63 - unwilling to come to colony, 108 why repressed 39,136 - unjust attempt to double tax, 157
Pocomoke river, naval battle of, 69
Puritan settlement the Severn,
- antagonism to Papists and Prelatists, 78
- promises made them before coming to Maryland, 85 Protestant Revolution, 74, 120, 123, 124 chapel violated,
Priests, Jesuit, claimed to be tried by arbitrators, 87
Policy, bad, of taking all officers from small minority, 110
Private rights of Lord Balti-
more preserved, 125
Parish libraries, 139
Proclamation concerning fees.
158
Pitt, William,
42, 161,
172
.
Port Bill of Boston,
175
Point at issue in stamp and sub- sequent acts, 165
Peggy Stewart, the, and the tea in Annapolis harbor, 177 Persons to be sent to England for trial, 179
Q
Queen Anne, 29
Quackery, none in Maryland law-making, 82
Quakers, their objection to es- tablishment of church, 134 - Maryland's treatment of, 199
R
Rights of aborigines recognized, 12
Raleigh, Sir Walter, 18 Roanoke Island and attempted settlement of, 18 Removal of persons, privilege granted by charter, 30 of goods, privilege granted by charter, 32
Religion, regulations concern- ing in charters, 36
- in heathen world not in- volving conscience, 101 - neglect of by Lord Balti- more, 127
Religious liberty, progress of suggested by charters, 3S - right of arises late, 100 Royal province, Maryland made, 125 - advantages to the people, 125 made up, 52, 83
Roman Catholic worship, and the " Instructions," 75
silence to be observed in
Royal taxes, customs, &c., never to be imposed, 59
Resolutions of convention of 1774, 176
S
Spaniards exterminate French colony in Florida, 18 Spanish colonies, gold and sil- ver ore resorved, 23
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240
INDEX.
Shipping goods from colonies, 32 Stamped paper and the Mary- land charter, €0 Upper House of Assembly, how composed, 145 w- bearing towards Lower House. 146 Unsuccessful party in a suit, law concerning, 191
State priscuers sent to Mary- land, 61
Suffrage, universal, 81
freehold, 84, 144
limited by Test Oath, 144
Sanctuary. claims of Jesuits for church and houses, 87
St. John's College, 139
Statute laws of England as ap- plying to the colony, 149
Sharpe, Governor, and his prop-
ositions about stamped paper, 161 "Sons of Liberty," 170
Sunday laws, 196
T
Taxes and custom dues under the charter, 35
-- nonelevied without people's consent, 36
Thirty Years' War, 49, 117
Testamentary cases, claims of Jesuits to, 86
Taxes, claims of Jesuits to be exempted from,
87
Trial by jury, 98
Tolerant spirit, development more's failure to proclaim, 123 by close of 17th century, 135 William's, King, School, 139
Toleration Act extended to col- ony, 152
Tea. tax on it and other articles 1.67, 173
Treason, what constituted, and against whom, 199
-- the penalty, 192
Temperance laws,
196
Thurston, Thomas, in Maryland, 200
U
V
Virginia, gift to, 18
- edict of 1618, 21
and persons who brought home evil report, 31 Vaughan, Commander of Kent, 110 Vestries a returning board for taxables, 154
W
White horse and the Avalon charter, 27
White, Father, Jesuit mission- ary, 35, 89 --- and converts made. 108 Writ, special, to summon to As- seinbly, 9.4
"Writs of Assistance," and other oppressive measures, 173 William the Silent the exem- plar of religions liberty, 105
-- his conversion, 106
William and Mary, Lord Balti-
Washington, letter to Governor of Maryland. 185
Witchcraft in Maryland, 201
Y
York, Duke of, 19
Yeo, Rev. Mr., testimony of
condition of Maryland,
129
1
Servants, meaning of the term, 05 Severn river, battle at mouthof, 60 Stone, Gov., and the troubles of 1652, 70. 110
F 851.32
5280
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