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 75
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121
tı P g 1
re
363
HISTORY OF MARYLAND.
replacing his lordship's former stock of cattle distributed and CHAP. V. disposed towards the defence and preservation of the pro- 1649. vince," &c.
This act affords strong evidence of the state of the foreign trade existing at this period of time between Maryland and Eu- rope. The Dutch nation must have monopolized the greater portion of the tobacco trade now carried on, not only with Vir- ginia but Maryland also. This, most probably, was occasioned in a great part by the perturbed state of England, so as to ex- clude regular communications with the mother country. To break up this trade, however, the parliament, in the course of the next year, (1650,) as we shall see, made that strong ordinance, "for prohibiting trade with Barbadoes, Virginia," &c., whereby they asserted and maintained their sovereign supremacy over the colonies ; and in the succeeding year, (1651,) their celebrated navigation act.
It may be proper to mention in this place, that some doubts seem to have existed soon after the passage of this last mention- ed act of assembly, how far the expression-"touching the late recovery and defence of the province,"-extended the "ar- rears and claims" to be satisfied by these customs. According- ly, among the laws of the next session, (April, 1650,) "an ex- planation of a clause in the act of 1649," bearing date "April 29th, 1650," appears recorded; consisting first of a "declara- tion," (as it is called,) under the hands of ten gentlemen,* who were all most probably members of the last assembly, either of the upper or lower house, and who state therein, that they. "veri- ly believed, that the intention of the whole house then was, that these words in the laws, viz : Touching the late recovery and de- fence of the province, was only meant thereby, that those sol- diers who came up in person with governor Calvert, deceased, out of Virginia, and those other, who were hired into the fort of St. Inigoe's for the defence and preservation of the province and government reassumed by him, and other just arrears incur- red during the said time in that fort, should be satisfied by virtue
* The names of these gentlemen were-William Stone, (the present govern- or,) Thomas Greene (the late governor,) John Price, Cuthbert Fenwick, Wil- liam Bretton, John Hill, Thomas Hatton, Robert Vaughan, George Manners, and Robert Clark. Of these, Messrs. Stone, Price, Hatton, and Vaughan were among the "Protestant inhabitants," who singed the Protestant's "declaration and certificate" but a few days before, on the 17th of April, which will be hereafter stated.
364
HISTORY OF MARYLAND,
CHAP. V, of that act, and no others." Annexed to this certificate, is the 1649. following order :- "29th April, predict. It is thought fit by both houses of this present assembly, that the act above men- tioned be understood and judged upon according to the inten- tions expressed in the declaration above written."
The remaining clause in this last mentioned act of 1649, rela - tive to "an assessment, for replacing his lordship's stock of cat- tle," seems to have been a generous mode of reproaching his lordship for his sad complaints for the loss of his "few cattle, not above 11 or 12 cows;"-complaints, as they appear to us at this day, highly derogatory from his lordship's elevated char- acter. In pursuance of this disposition in the assembly to re- place his lordship's stock, there appears next in the list of laws of this session, "An order, touching the lord proprietary's stock of cattle," which prohibits them "from being carried out of the province, until his lordship's pleasure be further known."
The unceasing restlessness of the unfortunate aboriginal na- tives of our continent, at the manifest progress which Europeans were even then making in their territories, appears to have been a constant source of unceasing uneasiness also to the early set- tlers of Maryland. Since the first setllement of the province scarcely a session of assembly had past without some necessity of providing by law against the natural hostilities of the Indians. Accordingly, at this session also, there appears among the laws, a legislative "order,"* entitled, "an order of assembly for the defence of the province, as the present times will permit." It seems to have been designed as a sort of militia law ; whereby the inhabitants of every hundred in the province were to be as- sembled at stated times in the year, by an officer, to be appoint- ed by the governor, called the commander of the hundred, for the purpose of making "such orders and ordinances as they shall judge meet and necessary for the defence of each particular hun- dred." It regulates also, the mode of communicating any alarm, by what they call-"rounding," that is, by the discharge of three or more muskets, which every master of a family was to answer
* Among the laws both of this and the next session, there occurs several with the title of "orders," although they had really and truly all the force, operation, and extent of acts of assembly. These orders appear to have been expressly assented to by the freemen of both houses, and concurred in by the governor ; and have, therefore, all the formalities of acts of the legislature. It appears to have been a loose mode of legislation practised by our early colonial legislators with- out much meaning, except perhaps that such order was meant only as a tempora- ry expedient.
0
365
HISTORY OF MARYLAND,
by the like number of guns, and so communicate the alarm CHAP. V. through the hundred and from one hundred to another through- out the province. It further ordered, that no inhabitant should 1649. go out of the limits of the plantation where he resided, not even to church, without being well armed ; and that every master of a family should provide sufficient arms and ammunition, not only for himself, but for his servants and sojourners at his house .*
Connected with the preceding order "for the defence of the province," the assembly subjoined another, entitled, "an order providing for the smith." As there has been some small mis- take in the purport of this act of assembly, or order, by writers on the affairs of Maryland, at this period of time, it may be pro- per to state the preamble and substance of it. It recites, that "whereas there is an urgent and pressing necessity, as the pre- sent times require all the inhabitants of this province to have their arms ready and well fixed, upon all occasions and acci- dents, which may unexpectedly happen, which will not be ef- fected with that willingness and so speedily as is required, un- less the smith shall be in some means assured of his pay,"-the order then authorizes him to take a "specialty," or obligation, from all his employers, and that "he shall have execution grant- ed him thereupon at such time as the specialty shall be due, and tobacco payable, for all such arms so fixed only without further trouble or judgment." An inference has been drawn from this, "that at this time the most common and useful arts must have made but small progress in the colony."" Although it is cer- tain, that few of the "common and useful arts" had, as yet, made much progress in any of the British colonies in America at this early period, yet it must be observed, that the premises here did not warrant the above conclusion or remark. At this day, throughout these flourishing United States of America, an armorer is a kind of smith not commonly to be met with but in the larger cities.
* As this order, or rather act of assembly, gives an interesting portraiture of the situation of our early colonists, in relation to the Indians at that period of time, it is thought worth inserting herein at the end of this volume in note (LXXII.)
¡This remark was originally made by Mr. Chalmers, (in his Annals, p. 221,) and copied from him by others. It is evident, that Mr. Chalmers, not being able to have recourse to the act at large, has made his inference from the title of it only, as it is in Mr. Bacon's Collection ; and has supposed it to relate to a com- mon blacksmith, necessary for repairing implements of agriculture; whereas it provided for an artist of a superior kind, commonly denominated a white smith, or more properly an armorer,
366
HISTORY OF MARYLAND.
CHAP. V.
1649.
We have thus traced nearly all the legislative acts of this ses- sion of assembly, and in the absence of other documents that would be useful in forming a judgment of the state of the colo- ny in this year, have been obliged to be more minute in the de- tail of these acts than perhaps may be thought necessary .* There still remains, however, one more proceeding of this as- sembly deserving attention : and is more important, as it exhib- its the political state of the colony at this time more clearly than any other document now on record. Although no journal of the session, as before observed, now exists, yet there still remains on record, prefixed to the document just referred to, the following memorandum.
"Saturday, the 21st of April, 1649, being the last day and sessions-day of the assembly, a letter was read, to be sent to his lordship, and signed by the whole house present .- The gover- nor dissolved the house."
Whether this assembly was composed principally of Roman Catholics or Protestants, although, as before suggested, the pro- bability seems to incline to the supposition, that the majority consisted of the latter, yet it must be acknowledged, that the spirit of this letter, which they now addressed to his lordship, was for the most part, respectful, wise, temperate and just. He had certainly given them some cause of displeasure in refusing a moderate compensation, at his own private loss, to the soldiers, who had accompanied his brother, and regained the province for him; and, perhaps also, in assuming again his old relinquished prerogative of initiating or propounding a system of laws to be adopted or rejected in toto by the assembly without amendment or alteration. He had also erred, (according to a principle of legislation now generally received, in multiplying oaths, of un- common length, to be taken by his officers and the inhabitants of the province; and on this point, the forcible yet delicate re- quest of the assembly deserves repetition .- "We do further hum- bly request your lordship, that hereafter such things, as your lord- ship may desire of us, may be done with as little swearing as conveniently may be; experience teaching us, that a great oc- casion is given to much perjury, when swearing becometh com- mon. Forfeitures, perhaps, will be more efficacious to keep men
* Such extracts from the laws of this session of 1649, as have been herein in- serted, were copied either from Mr. Bacon's Collection, or from the original books to which he has therein made reference.
The as- sembly's letter to the lord proprieta- ry.
367
HISTORY OF MARYLAND.
honest than swearing. Oaths little prevail upon men of little CHAP. V. conscience." On the subject of his "body of laws," sent in by 1649. him, after mildly setting forth their reasons for not accepting them altogether, but only selecting a few of them, they further thus express themselves .- "We do humbly request your lord- ship hereafter to send us no more such bodies of laws, which serve to little other end, than to fill our heads with suspicions, jealousies, and dislikes of that, which verily we understand not. Rather we shall desire your lordship to send some short heads of what is desired, and then we do assure your lordship of a most forward willingness in us to give your governor all just satisfac- tion, that can be thought reasonable, by us." It must be ac- knowledged, that this was the best and safest foundation, upon which his lordship's desired prerogative of propounding laws to his province, could have been placed .*
This letter, or address, was most probably transmitted to his His lord- lordship in England, soon after the rising of the assembly; for, ship's re- we find, immediately succeeding it, as it now stands on the re- ply. cord, a paper entitled-" His lordship's declaration, anno 1649;"' which, evidently from its contents, was meant as his lordship's reply to the assembly's letter; and, being without the date of any month, was probably written and sent soon after his lordship's receipt of the address, and within the present year. In this "de- claration," or reply, his lordship after stating, that the unwilling- ness of the assembly to consent to his "body of laws" was oc- casioned chiefly, "as he was informed, and had much cause to believe, by the subtle suggestions" of some, who ought rather to have assisted in promoting a good correspondence, than in rais- ing and cherishing any jealousies or discontents between him and the people, mentions, that the chiefest pretended "excep- tions" against these laws were, as he was informed, contained in the "act of recognition," and in that for the oath of fidelity .; These "exceptions" or "subtle suggestions" arose from two ex- pressions in these acts, to wit,-"absolute lord and proprietary," and "royal jurisdiction." These expressions, as his lordship states, were "stumbled at" by some of the assembly, who seemed to doubt, that the former words-"absolute lord and proprie-
* See this "Letter" of the assembly at large in note (LXXIII.) at the end of this volume ; to which is added his lordship's "Declaration" in reply thereto.
t From this we may infer, that two of the laws sent in by his lordship, were similar to, if not the same, in substance at least, as two under those titles passed at the subsequent session of assembly, of April, 1650, as will be hereafter seen.
368
HISTORY OF MARYLAND.
CHAP. V. tary," would infer a slavery in the people of the province to lord 1649. Baltimore, and that the latter words-"royal jurisdiction" ex- ceeded the power intended to be given to him by his charter. His lordship then proceeds, after protesting against any such odious and sinister interpretation, and "calling God to witness that he had no intention to enslave the people there by them or any other way whatsoever," he appeals to the whole body of laws themselves to clear him from such intentions with all well meaning men; and then enumerates the several provisions of those acts sent in by him. There was provision made, he said, "for freedom of conscience :*-- for freedom from taxes, ex- cept such as should be laid with the assembly's consent :- for freedom from martial law, but only in time of camp or garrison, and within such camp or garrison :- for freedom from being com- pelled in any kind to contibute to any war out of our said pro- vince without the consent of the assembly :- for freedom of trade with the Indians, upon reasonable conditions tending more to the public good and tranquility than to our advantage."t As to the other words, "royal jurisdiction," he declares, that it was intended by his charter, that he should have all such jurisdiction over his province as the bishops of Durham at any time heretofore ever had in temporalls within the county palatine of Durham in En- gland, and that he had been satisfied, by learned counsel there, (in England,) and by such as were best read in antiquities, that the bishop of Durham, before Henry the eighth's time,¿ had and did exercise all "royal jurisdiction" within the said bishop- rick or county palatine.
This opinion, relative to his lordship's proprietary powers over
* This seems to corroborate a suggestion herein before made, that the "act con- cerning religion," passed at the session of 1649, was one of those "selected" by the assembly from his lordship's body of laws.
t The most of these several subjects were subsequently provided for by seve- ral acts passed at the next session of April, 1650; and this circumstance seems to justify the inference, that those acts of assembly, of the session of 1650, thus providing for the same matters, as above stated by his lordship, and as com- prehended in his body of laws, were actually "selected" from his lordship's sys- tem ; as will appear more plainly when we come to the laws of the next session.
į In the book, in which "his lordship's declaration, anno 1649," now stands recorded, the expression is-"Henry the 7th, his time."-But as no statute is to be found in the Statutes at large in Henry the seventh's reign, which relates to the subject and statute of Henry the eighth, (27 Hen. 8, ch. 24,) is mentioned by all law writers, who treat upon the subject of counties palatine, as the only stat- ute abridging those "royal jurisdictions," it is evident, that the numerical figure 7 in the record is erroneous and ought to have been 8.
369
HISTORY OF MARYLAND.
his province, thus derived from "learned counsel" in England, CHAP. V. and thus vouched by his lordship, is essentially necessary to- 1649. wards a clear understanding of the nature of his lordship's pro- prietary government. A county palatine (comitatus palatinus) is said to have been so called from the words â comitatu et a pala- tio regis ; because the owner thereof had in that county jura re- galia, as fully as the king had in his palace. He might pardon treason, murders, and felonies; he appointed all judges and jus- tices of the peace; all writs and indictments ran in his name, as in other counties in the king's; and all offences were said to be done against his peace, and not, as in other places, contra pacem domini regis .* The county palatine of Durham is said to have been so by prescription or immemorial custom; or at least as old as the Norman conquest, and long prior to the stat- ute of 27 Hen. 8 c. 24, alluded to in his lordship's declaration, the bishop of Durham exercised therein all those prerogatives just mentioned.+ But Henry the eighth, in his rage for reformation, after he had been provoked to it by the pope, sat about to reform not only religious institutions, but such political establishments as might possibly counteract his domineering temper. Accord- ingly, the statute of 27 Hen. 8, cap. 24, entitled, "An act for recontinuing liberties in the crown," was made; whereby the powers before mentioned of owners of counties palatine were abridged; though still, in the county palatine of Durham, (the only one remaining in the hands of a subject,-the bishop,) all writs are witnessed in his name, and all forfeitures for treason by the common law accrue to him.# This statute, however, seems to have been construed as not extending to the province of Maryland; because, as would appear, the expressions of the statute confine its operations to such "liberties" only as existed within the realm of England and principality of Wales. But it is probable, that this objection to his lordship's "royal jurisdic- tion," (of which every inhabitant must have been apprised be- fore he colonized himself within the province,) ran deeper than what his lordship supposed, when he thought their objection was founded upon the supposition, that the assumption of "royal ju- risdiction" by him, was contrary to his charter; whereas, there is greater probability, that this objection to his "royal jurisdic- tion" emanated from the same republican spirit, which had de-
* Coke's 4 Inst. 204-5, and 1 Bl. Com. 117. + 1 Bl. Com. 116. # 1 Bl. Com. 118.
VOL. II .--- 47
370
HISTORY OF MARYLAND.
CHAP. V. stroyed the monarchy in England, and, now diffusing itself into
1649. the minds of some few Puritans within the province, began to exercise its animosities against every thing that looked like mo- narchy under a colonial government .*
The first settlement of the Pu- ritans at Provi- dence, now
This naturally leads our attention to another important inci- dent, which occurred within the province during the present year. The Congregational (or Independent,) church, which had been privately founded in Virginia in the year 1642, as be- Annapolis. fore stated,t and which had probably by secret meetings, not- withstanding the laws against them in Virginia, contrived to keep up a conventicle of their members for some years, had, in the year 1648, increased so much in numbers, (to one hundred and eigh- teen, as it is said,) as to attract the attention of the government of that colony to a more rigorous execution of the laws against them. Their conventicle in Virginia was therefore broke up, and the members of it, being driven out of that colony, were dispersed in different directions. The pastor of it (a Mr. Har- rison,) went from thence to Boston in New England, in the lat- ter end of the year 1648,¿ and the elder of it, (Mr. Durand,) un- fortunately for lord Baltimore, took refuge in Maryland. With him, or soon after, a considerable number of the members of their church, among whom Mr. Richard Bennet, (afterwards go- vernor of Virginia and one of the commissioners for reducing Maryland,) is said to have been one, emigrated to Mary- land.§ This is stated by one of their own members, to have
* This seems to be corroborated by one of the reasons set forth by Mr. Leon- ard Strong, in his pamphlet, (before cited, ) entitled, "Babylon's fall," &c. where he says,-"This oath," (meaning the oath of fidelity herein before mentioned,) "was very scrupulously looked upon : first, in regard it bindes to acknowledge and be subject to a royal jurisdiction and absolute dominion of the lord Baltimere, and to defend it and him against all power whatsoever. This was thought far too high for him, being a subject, to exact upon such terms as it was exacted," (that is, of having no grants of land without it.) "and too much unsuitable to the pre- sent liberty, which God had given the English subjects, from arbitrary and popish government ; as the lord Baltimore's government doth plainly appear to be."
+ P. 199.
į Hutchinson's Hist. of Massachusetts, vol. 1, p. 147. Holmes's Annals, vol. 1, p. 347.
§ Mr. Bennet is particularly mentioned by Mr. John Langford, in his Refuta- tion of "Babylon's fall," &c., as one of the Puritans who emigrated to Maryland, but as Mr. Bennet is not mentioned in the records of Maryland until he came as a commissioner for the "reducement" thereof in 1652, it may rather be supposed, that he continued to be a resident of Virginia until that period and some time after. It is possible, however, that he might have assisted in conducting the Pu- ritans from Virginia to Providence, (now Annapolis,) on their first coming there in the present year, 1649.
371
HISTORY OF MARYLAND.
taken place in the year 1649,* but at what time of the year we CHAP. V. are no where informed. Most probably they did not leave Vir- 1649. ginia in a body, but gradually in small numbers in the course of the spring and summer of this year, 1649. It is expressly stated by the same last mentioned authority, that they were not invited into Maryland by governor Stone; but by a friend of the gover- nor's,t that they were only "received and protected." These people seated themselves at a place by them called Providence, but afterwards Anne Arundel, most probably on or near the spot on which the city of Annapolis now stands. It is alleged by their advocate, (Leonard Strong, before cited,) that "an oath to the lord Baltimore was urged upon this people soon after their coming up,¿ which if they did not take, they must have no land nor abiding in the province." The "oath" here alluded to was the oath of fidelity, herein before stated, as prescribed by his lordship, and annexed to his "conditions of plantation" of 1648. The condition was-that "every adventurer or planter, that should have any land "granted to him by virtue of these conditions, before any grant should be delivered to him, should take the oath of fidelity to his lordship thereunto specified."§ This oath, be- sides the objection to it before stated, as to the words "royal ju- risdiction," and "absolute dominion," "was exceedingly scru- pled," (according to Mr. Strong,) "on another account, viz. that they must swear to uphold that government and those officers, who were sworn to countenance and uphold anti-Christ, in plain words expressed in the officer's oath-the Roman Catholic reli- gion." But to this it was very forcibly replied by the author of the "Refutation," &c., that "there was nothing promised by my lord or captain Stone to them, but what was performed. They were first acquainted by captain Stone before they came there, with that oath of fidelity, which was to be taken by those who would have any land there from his lordship; nor had they any regrett to the oath, till they were as much refreshed with their entertain- ment there, as the snake in the fable was with the countryman's breast; for which some of them are equally thankful. But it is now, it seems, thought, by some of these people, too much be- low them to take an oath to the lord proprietary of that province, though many Protestants, of much better quality, have taken it,
* Mr. Leonard Strong, in his "Babylon's fall," &c.
Mr. John Langford, in his "Refutation," &c.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.