USA > Maryland > The Day-star of American freedom, or, The birth and early growth of toleration, in the province of Maryland : with a sketch of the colonization upon the Chesapeake and its trobutaries, preceding the removal of the government from St. Mary's to Annapolis > Part 7
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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.
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low) corresponding with those upon the escutcheon of the Calverts. The eagle also, which still lingers, was then more frequently seen, in all his proud- est majesty.
Tobacco was the great product of the province. In all the parts of Maryland at that time colonized, was it cultivated. And it is said, upon good author- ity, that "a hundred sail of ships," a year, from the West Indies and from England, traded in this article-the source also of a very large revenue to the English crown, at " his lordship's vast expense, industry, and hazard." Indian corn (or "mayz "), was also cultivated at an early period. From the Indians also did we obtain the sweet potato. . The word, itself, is derived from them. So also are 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
.123
COSTUME.
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 cuff's, and the silk garters. The signet-ring is also mentioned, one of the articles of a gentleman, at that period. And we find, that leather breeches, and stockings of the same material, were frequently worn.' The large
2 Boot hose-tops, it appears, were also worn, about 1650. For Mr. Egerton's Inventory, see the Records of the Land-Office ; and
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collar was succeeded by the cravat, it would seem, about the time of the Protestant Revolution. Buff . coats were also worn as early as 1650. The cocked hat- was probably not introduced before the year 1700.
Finger-rings were worn by almost all the early landed gentry of Maryland. And they were the favorite tokens of regard and remembrance, given in their wills. The number bequeathed, during the first hundred years after the settlement at St. Mary's, would seem incredible to any one, who is not familiar with our early testamentary records. The preceding facts, in relation to dress, and including finger-rings, are predicated 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 caten 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, see note, in this volume, upon the will of Mirs Fenwick, p. 215.
125
IGNORANCE OF LETTERS.
of them to say nothing of the subject to the Governor of Maryland, whose visit was soon afterwards expected. Capt. Bradnox1 was the friend, also, of Mr. Secretary Hatton.
No execution for witchcraft, under the sentence of a court, has ever marred, it would seem, the annals of this province. But Mary Lee, during a stormy passage upon the high seas, was put to death by a company of sailors. And we have at least one case of conviction. It is that of John Cow- man, given in Ridgely's Annals of Annapolis.
Mr. Macaulay says, that many English gentle- men and lords of manors, as late as 1685, had hardly "learning enough to sign" a mittimus. The accuracy of his picture has been doubted. But so far as it regards the education of many of the early gentry of Maryland, nothing could be more faithfully drawn .? We have instances here, in which the servant writes his name, and the mas- ter makes his mark. Capt. Bradnox was wholly ignorant of the art of writing. And one, if not
' For the law relating to cattle-marks, see this volume, p. 226.
" That many gentlemen could not write their names, is evident. They repeatedly make their marks. Cases from the Record could be cited.
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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- trv. 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
127
THE MORALS OF OUR ANCESTRY.
present, it would be impossible to draw a full or fair contrast. But injustice, in this particular, has certainly been done to the memory of our ancestors; and the letter of Parson Yeo to the Archbishop, in 1676, is little better than a libel. Without wishing to throw a veil over the sins of the past, or excuse in the least its rudeness or its violence ; I have no hesitation in expressing the opinion, for whatever it may be worth, that in the sincerity of their friendships, in the depth of their religious 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.
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CHAPTER X.
The Law-givers of 1649-Their Names-A fragment of the Legislative Journal.
THE claim of the Roman Catholic legislators has been either denied or doubted by so many respectable writers ;1 and so much obscurity has
' I will name but four :- the Honorable John Pendleton Ken- nedy, whose various contributions to our literature have con- ferred a lasting obligation upon the friends of historical learning ; the late John Leeds Bozman, whose history (a book of high authority) was published by the State ; Mr. Sebastian F. Streeter, in bis " 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 Mir. 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 also unsatisfactory in many other respects. With perfect candor, I will now add, that the best argument I have seen in favor of the Roman Catholic claim, is from the pen of my good and dear friend, Win. Meade Addison. It yet remains for me, by God's help, to try my own hand.
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bly in relation to The Bill of Charges." 1 If we add to it a part of the journal of the following
' The Report which follows contains the name of every Burgess :
"Saturday, the 21st of April, 1649, being ye last day and sessions-day of the Assembly-the House being called, all assem- bled but Mr. Pile and Mr. Hatton, whose absence was excused by the governor. The committee brought in the charge of this present Assembly, which is as followeth, viz. - At the committee for charges of the Assembly, the committee appointed the sums under-written to be paid to the parties under-written this 21st of April, 1649-all tobacco under-written due with cask.
Tob.
Imprimis, for the shallop and one man 9 days, . 200
For one man S days,
080
For two men, seven days,
140
For provisions for the men paid by the sheriff,. 100
For fetching wood and water during this Assembly, 150
670
Hereof Kent is to pay a sixth part being
112
St. Mary's county is to pay the rest, being, 553
1
000
Lieut. Banks, Walter Peake, Mr. Browne, and John Maunsell, for 000 thelr diet, at 16lb. Tob. per day a man for twenty-one days 2194 and for loss of their time, 101b. Tobacco per day, with cask, 000
Mr. Thornborough, for 21 days, 210
George Manners, for 10 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. Diary's,
500
For the clerk of the Assembly, for 25 days, at 501b. per day. . 1250
131
FRAGMENT OF THE JOURNAL OF 1649.
year,' and the facts already given by Bozman and other historians, it will be easy for us to ascertain,
The sixth part of which 1250 Kent is to pay 208
St. Mary's county to pay the rest, being . 1042
For Mr. Conner for the charge of this Assembly, . 1342 The committee finding it just to be levied per poll, as we con- ceive.
CUTHBERT FENWICK, PHILIP CONNER,
RICHARD BANKS. RICHARD BROWNE,
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 Bill the last year, entitled an Act for the support of the Lord Proprietary (and do verily believe, that the intention of the whole House then was), that these words in the law, viz., 'touching the late recovery and defence of the province,' is only meant thereby, that those sol- diers who came up in person with Governor Calvert, deccased, 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.
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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. :-
For St. George's hundred, Mr. John Hatch, Mr. Walter Beane.
Mr. John Medley,
For Newtown hundred,
Mr. Wm. Brough, Mr. Robert Robins.
For St. Clement's hundred, Mr. Francis Posey.
Mr. Philip Land,
For St. Mary's hundred,
Mr. Francis Brooks.
For St. Inigo's hundred, Mr. Thomas Matthews.
Mr. Thomas Sterman,
For St. Michael's hundred, Mr. George Manners.
" Which I humbly certify, in return hereof.
NICHOLAS GWYTHER." See Land Records, Lib. No. 3, p. 47.
" Return from Kent, 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.
133
CORRESPONDING DOCUMENTS, 1650.
It will be remembered, that Cecilius, 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 last year,
0400
For Matthias Briant for carrying ye governor's letter, 0100
For pressing Mr. Chappel's boat, 0200
For Francis Martinson, for going to Anne Arundel and Kent counties, .
0600
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
8420
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,
1300
John Hatch, 24 days, 1200
To Walter Beane, 24 days, 1200
W
To Francis Poesey, 28 days, at 501b. per day, 1400
To George Manners, 21 days, . 1050
Mr. Thomas Sterman, 21 days, . 1050
To Mr. Cuthbert Fenwick, 11 days, . 0550
" As for that Mr. Francis Brooks was not able, through sickness, to attend the House, and drawing of his wine, the committee think fit not to provide for him at all.
Kent,
To Capt. Robert Vaughan, for 40 days, at 501b. per day, · 2000
To boat and hand, &c., 0250
호:
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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 approved 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, for 37 days apiece, at 501b. per day, 8700
" Mr. Coxe,
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 their own particular burgess or burgesses.
" The committee finding already 3420 1b. 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
135
ASSEMBLY-MEN OF 1649.
Pile, and Robert Vaughan. Robert Clark was, at the same time, the surveyor-general ; and Thomas Hatton, the secretary of the province. It was the practice of these high officers, to sit in the Assem- bly with the councillors. And we have the proof, that they did so, in 1649.1
Nine burgesses represented Kent and St. Mary's. Their names are :- Cuthbert Fenwick, Philip Con- ner, William Bretton, Richard Browne, George Manners, Richard Banks, John Maunsell, Thomas Thornborough, and Walter Peake.
Including the governor, there were sixteen men- bers, in the whole Assembly. Of the six privy councillors, Robert Vaughan was the only one who resided in Kent. And Philip Conner represented the freemen of that county.
assessment equally) they refer the making thereof unto the meet- ing in October for that purpose.
Signed,
JOHN PRICE,
JAMES COX,
ROBERT VAUGHAN,
PHILIP LAND,
JOHN HATCHI,
ROBERT ROBINS,
WM. BROUGH
GEORGE PUDDINGTON."
Same Lib., pp. co, c1.
1 They signed the certificate prefixed to the Declaratory Act of 1650.
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CHAPTER XI.
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 Vaughan, 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
1
137
FAITH OF THE ASSEMBLY-MEN OF 1649.
held the faith of the English church. But it is certain, that five of the burgesses (Messrs. Fen- wick, Bretton, Manners, Maunsell, and Peake) " cherished a faith in the Roman church; and we have the basis of a very strong presumption, that Mr. Thornborough (a sixth member of this House) was also a Roman Catholic.
Including the proprietary and Mr. Thornborough, ten of the law-givers of 1649 held the faith of the- Roman Catholic Church. If we count the governor and the two burgesses ; six, it will appear, belonged to 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.
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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."1 It can be proved from the records, that of the fourteen, eight (including Mr. Thornborough) were Roman Catho- lics ; and six (with Mr. Browne) were Protestants. But this estimate does not render strict historical justice to the claim of the former. The privy coun- cillors were, all of them, as well as the governor, the special representatives of the Roman Catholic
' In the marginal note to the copy of the Act upon the Records of the Land Office, the date of its passage is given.
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ROMAN 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 religious 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 Roman 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.
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CHAPTER XIII.
The Burgesses, as a Distinct Branch of the Legislature-A Majority of Roman Catholic Representatives.
BUT there is the strongest evidence to show, that at a previous stage of the session, the Assembly sat in two Houses. This is the opinion of Bozman, who is, by no means, partial towards the Roman Catholics-an opinion sustained also by Chalmers, by Bacon, and by Bancroft. It is evident that Mr. Fenwick received an extra allowance.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
' See the Bill of Charges, ante, p. 130.
' The journal of 1650 has been preserved. It is in Lib. No. 3,
141
ROMAN CATHOLICS IN THE LOWER HOUSE.
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 cach 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. II., 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.
----
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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.
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