The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 24

Author: Bozman, John Leeds, 1757-1823
Publication date: 1837
Publisher: Baltimore : J. Lucas & E.K. Deaver
Number of Pages: 1062

USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 24

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* Robertson's Hist. of America, b. x.

t See note (N) at the end of this volume.

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or of returning without license, he shall be guilty of felony, with- SECTION out benefit of clergy." VIII.

1593.

This law, as was intended, affected both the Puritans and the Catholics; but was, without doubt, more particularly pointed at the former. As Elizabeth, on her accession to the throne, was indebted to the English reformers for her support against the formidable opposition which she experienced from the Catholics, her principal attention had been hitherto directed to guard against the dangers of popery. But the variety of seditious acts, which were now exhibited by those fanatics, who were for pushing the reformation to its utmost extent, gave her just cause to apprehend, that her sovereignty was in equal danger from Puritanism. The number also, of these Puritans, had now in- creased so much, as in itself to be a sufficient cause of alarm to those who professed the established church. If we are to credit an assertion, said to have been made by Sir Walter Raleigh, in the house of commons, in the year 1592, (but one year prior to the making this statute of 35 Eliz.) the Brownists, as they were then called, amounted to no less than twenty thousand, divided into several congregations in Norfolk, Essex, and about London .* As it was evident also, that nothing would content them, but a total abolition of the established religion, called the Church of England, not even indeed an unlimited indulgence in the exer- cise of their own, it was not to be wondered, that Elizabeth and her clergy should consider themselves as contending for their existence, and that these enemies of their power should feel the full force of their resentment. The persecution, if it may be so called, which these sectaries experienced, during the few re- maining years of Elizabeth's reign, seems, therefore, to have been the necessary result of such a state of things.

On the accession of James to the throne of England, both the 1603. Papists and the Puritans had conceived high hopes of some State of happy change, each in their own favour. The Papists could not religious

parties in believe, that a prince, who had never expressed any hatred England, to them, should suddenly alter his mind, and choose to tread in the steps of Elizabeth. The Puritans imagined, that James, James I. having been educated in their religion, that is the Presbyterian, and professed it all his life, till he arrived in England, would be propitious to them. They expected, that he would at least abate the rigour of the laws against them, if not reform many of the

on the ac- cession of

* See Tindal's Cont. of Rapin's Hist. vol. 15, p. 278.

VOL. I .- 27

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SECTION faults they had found in the Church of England. Both were de- VIII. ceived, but the last much more than the first. Of the Catholics, 1603. James disliked only the Jesuits, and such as were too servilely at- tached to the court of Rome, and the prerogative of the pope. But to the Puritans in general, he conceived a most violent hatred, especially as he thought that he discerned in them a strong inclination towards republicanism. As they were usually very familiar with their Maker, in their prayers to him, he was natu- ally induced to suppose, that they would take still greater liber- ties with him as their earthly sovereign. They both, however, presented their petitions to him. To the Catholics he answered, that he thought himself obliged to support what he found estab- lished in the kingdom. To the Puritans, he granted a pre- tended opportunity of justifying their principles before him, by appointing a conference to be held in his presence, of which he himself was to be moderator, between some of their principal min- isters and elders* and some bishops and divines of the established church. The victory, as was to have been expected, being ad- judged by him to the latter, the consequence was, that he order- ed, by proclamation, the laws against non-conformists to be put in strict execution.

1605.

The court of "high commission for ecclesiastical affairs," a most odious tribunal, began now also to act against the Puri- tans with more severity and less control from the courts of com- mon law, than they had done in the former reign. It was about this time, that archbishop Bancroft exhibited his celebrated Ar- ticuli Cleri,t in which he enumerates many grievances of the clergy, arising from the power exercised by the courts of com- mon 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 sub- stitute for the former power of the pope, and had been revived under the statute of 1 Eliz. ch. 1, which defined heresy, and au- thorised 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

* 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. 8, p. 18.

t See them at large in Coke's 2 Inst. p. 601.

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with great moderation ;* which appears to have been principally SECTION owing to the control of the courts of law.t King James, how- VIII. ever, being evidently prejudiced against the common law,¿ and 1605. having a high opinion of his own talents as a theologian, abet- ted and supported the bishops in the extent of their claims to an uncontrolled jurisdiction over all matters of heresy and religion.§ The Puritans, therefore, now became liable to be harassed not only with fines and imprisonment, by the common law courts, for non-conformity, but to have their religious tenets examined by this high commission court, according to the the test of he- resy prescribed by the statute. || The rigorous penalties of ab- juration of the realm, or death as a felon, in certain 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, unjustifiable in-

* 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 Elizabeth, 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 intention 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 eulogium on the common law, that the advocates for arbitrary power, whether it is to be exercised by a mob or a king, have an invinci- ble 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 contest, 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, particularly on the trial of Sir Walter Raleigh, which he made, when he became chief justice, against not only the ar- bitrary 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, even- tuated 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 canoni- cal scriptures, or by any general council wherein the same was declared heresie by the express and plain words of the said canonical scriptures." As the almost innumerable variety of sects of christian religion unquestionably arises from their various modes of construing these "canonical scriptures," we are unavoidably led to join Mr. Justice Blackstone in his remark on, this definition-" that it would not have been the worse, to have defined it in terms still more precise and par- ticular ; 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."

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SECTION deed, upon any other principle than self-preservation, and after a VIII. minute search through the pages of the best historians of those 1605 .. times, when he finds considerable difficulty in discovering one solitary 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 the pre- rogative 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 in- quiry; especially, 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 such ortho- dox christians as the Brownists would have treated them with greater leniency, had it been in their power. In corroboration of this, the remarks of Hume, upon the same subject, may with propriety be quoted: "Had the king," says he,t "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 indifference in the cause of religion. They maintained that they themselves were the only pure church; and that their principles and practices ought to be established by law; and and that no others ought to be tolerated. It may be questioned, therefore, whether the admin- istration, at this time, could with propriety deserve the appella- tion of persecutors, with regard to the Puritans."

Suffering, as they certainly did, during the reigns both of Elizabeth and James, by fines and imprisonment, for their non- attendance at the established church, and now liable to be treat- ed as heretics, by the high commission court, or compelled to abjure the realm, under the penalties of the statute before men- tioned, the only alternative left for them seemed to be conformi- ty or a voluntary exile. From the small proportion which the

* See his. Appendix to queen Elizabeth's reign.

¿ See his Appendix to the reign of James I.

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number of those who subsequently emigrated to Holland, bore SECTION to the whole of their society, at that time in the kingdom, we VIII. may infer that an exterior conformity was adopted by a very 1605. large majority of them. Perhaps, conciliatory methods, blend- ed 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, surrendered the glory of heading a religious party, for a snug benefice in the established church. Others, however, 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 considerable numbers, about this time, in the north of England, particularly in Nottinghamshire, Lancashire, 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 .* Prefer- ring a voluntary banishment from their native country to a con- formity to the discipline of the established church, Robinson and a few of his followers stole away by degrees, (for it seems they were not permitted openly to leave the kingdom,t) to Am-

* In the Extracts from the Plymouth Records, published in Hazard's Collec- tions, vol. 1, p. 350, are the following passages 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 villages; some in Nottinghamsheire, some in Lankisheire, and some in Yorksheire, 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 afterwards 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, be- sides other worthy men, was Mr. Richard Clifton, a grave and reverend preach- er, whoe by his paines and diligence, had done much good, and under God had bin 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 rever- end man, afterwards was chosen an elder of the church, and lived with them un- till old age and death."

Their dispersed situation, herein described, together with their danger in con- vening in large bodies, most probably first suggested that form of hierarchy which they afterwards adopted, to wit, that each congregation should be a dis- tinct, independent church of itself.

t This prohibition appears to have been, to emigration in large companies, which was frequently attempted. See Extracts from the Plymouth Records, in

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SECTION sterdam, as the states of Holland, after their independence, af-

The inde- pendents emigrate to Holland.

VIII. fected to allow a general toleration to all sects of religion. They 1607. had not lived at Amsterdam 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 .* 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 congregations were not only distinct, but independent of each other, their pas- tors also claimed equal and distinct supremacy over their seve- ral and respective flocks. No subordination in their ecclesiasti- cal government being acknowledged, these pastors, like little monarchs of two little neighbouring kingdoms, jealous of each other's 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.t

1609. Third dis- tressing situation there.

During the residence of these people, both at Amsterdam and Leyden, it appears that they must have undergone considerable hardships. This, indeed, 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 manners, 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 labour, but they were now transplanted into another nation populous in the extreme, and with whom, consequently, the means of livelihood, even by labour, 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 extraordinary then, that the leaders of this little band of enthusiasts soon had cause to complain, "that many of their children were drawn away and departed from their parents ; some became soldiers, others took upon them far voyages by sea, and others worse courses, to the great grief of

Hazard's Collections, vol. 1, p. 351, and Rapin's Hist. of England, (Tindal's ed.) vol. 8, p. 72.

* See the highly-wrought characters of " Tribulation, the pastor, and Ananias, the deacon," in Ben Jonson's Alchymist, written about this time.

+ Extracts last cited, in Hazard's Collections, vol. 1. p. 354, and Hutchinson's Hist. of Massachusetts, Appendix, No. 1, at the end of vol. 2.

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their parents and dishonour of God."* "They had just appre- SECTION hensions, therefore, that their little community would soon be- VIII. come absorbed and lost in a foreign nation."" The celebrity 1609. which commonly attaches to the name of a founder of a reli- gious sect, was in great danger of being forever covered in ob- scurity. 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 com- passion, the most galling circumstance to an ambitious mind. The glory, or if it is insisted upon, "the natural and pious de- They form sire of perpetuating a church which they believed to be consti- of remov- the design tuted after the simple and pure model of the primitive church ing to of Christ, and a commendable zeal to propagate the gospel in America. the regions of the new world," induced them to think of a re- moval 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 colonizing Virginia. The former was represented as "rich, fruitful, and blessed with perpetual spring ; where vigorous nature brought forth all things in abundance and plenty, without any great la- bour or act of man ;" but to this was opposed the unhealthiness of the country, and the propinquity of the Spaniards. Virgi- nia 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 government, 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 neither succour nor defence from them. At length, the conclusion was, to live in a distinct body by themselves, under the general government of Virginia."§

Having formed this resolution, they delegated (in the year 1617) two of their society, Robert Cushman and John Carver, to go to England, in order to negociate with the Virginia com- Virginia pany for their sanction in this proposed settlement, as also to as-

1617. Negociate with the

company for that purpose.

* Extracts from the Plymouth Records, in Hazard's Collections, vol. 1, p. 357-8.

+ Holmes's Annals, vol. 1, p. 197,

# Ibid, and see note (O) at the end of this volume.

§ Extracts from the Plymouth Records, in Hazard's Collections, vol. 1, p. 360.

"The general government of Virginia," here meant, was that which took place under the second and third charters of Virginia before mentioned.

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SECTION certain whether the king would grant them liberty of conscience VIII. in that distant country. These agents found the Virginia com- 1617. pany very desirous of the projected settlement in their American territory, and willing to grant them a patent with as ample pri- vileges as they had power to convey. They found also friends to intercede with the king for them, particularly Sir Robert Naunton, who was then, or in the succeeding year, made one of the principal secretaries of state .* When Sir 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 ob- jection 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 answer 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.t Their friends in England, notwithstand- ing this refusal, advised them to pursue their scheme of settle- ment, and gave it as their opinion that they would not be trou- bled.

[

1618.

With this answer, the agents returned to Holland in the year following ; but the king's refusal damped the ardour of their re- ligious brethren, for a removal for some time. Debating upon the subject among themselves, it seemed to be at last, the opi- nion of a majority of them, that they might safely proceed with- out an express license of the king. Reasoning very justly on the king's character, they concluded, that if there was no secu- rity in the promise intimated, 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

* It is said in Rapin's Hist. of Eng. (Tindal's edit.) vol. 8, p. 135,-that " Secretary Winwood dying about this time, (October 27th, 1617,) Sir Robert Naunton, a protestant, and Sir George Calvert, a papist, were made Secretaries." But from a late work, apparently authentic, entitled, "A Political Index to the Histories of Great Britain and Ireland, by Robert Beatson, L. L. D." it appears, that Sir John Herbert succeeded Sir Ralph Winwood, in 1617, as secretary, and that Sir Robert Naunton was made secretary in 1618, vice Herbert, and Sir George Calvert vice Sir Thomas Lake in 1619.

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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HISTORY OF MARYLAND.

messengers again, to conclude a contract with the Virginia com- SECTION pany, and to procure a patent with as good and ample condi- VIII. tions as they could ; as also to treat and agree with such mer- 1618. chants and other friends, as had manifested a disposition to ha- zard some capital in the adventure of such a voyage.

sions in the

Their agents arriving again in England, in the succeeding 1619. year, (1619,) found the council and company of Virginia* so Dissen- disturbed with factions and quarrels among themselves, as that Virginia no business of any importance could be transacted with them. company These dissensions appear to have been founded on very frivo- delay. occasion lous grounds, if we are to believe the statement of them given by Robert Cushman, one of the agents for the Puritans.t It seems, that not long before the last agents had returned to Eng- land, Sir Thomas Smith repining at his many offices and trou- bles, wished the company of Virginia to ease him of his office in being treasurer and governor of the Virginia company ; where- upon 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 contend about the election, and endeavour- ed 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, Cush- man 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 thereto.§ From

* This council and company of Virginia, was composed of persons acting un- der the third charter of the South Virginia or first colony, sometimes called the London company. The North Virginia, or Plymouth company, appear at this time to have relinquished all further attempts at making settlements.

t See his letter dated May 8th, 1619, taken from the Plymouth Records, in Hazard's Collections, vol. 1, p. 366, 368.

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The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 24

Author: Bozman, John Leeds, 1757-1823 Publication date: 1837 Publisher: Baltimore : J. Lucas & E.K. Deaver Number of Pages: 1062

Author: Bozman, John Leeds, 1757-1823
Publication date: 1837
Publisher: Baltimore : J. Lucas & E.K. Deaver
Number of Pages: 1062