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 82
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* See an interesting account of the narrow escape of young man and his wife from death by this law, in the year 1663, long after they had been married, for adultery committed by them in her former husband's life .- Hutchinson's Hist. vol. J, p. 389.
+ On the passage of this ordinance in parliament, Henry Martin, a member of the house, declared his opinion,-" that the severity of the punishment, being death, would cause those sins to be more cautiously committed, and so being un- discovered, would be more frequent."-Rapin's Hist. (Tindal's edit.) vol. xi. p. 47. It might, perhaps, have been more justly remarked, that the excessive se- verity of punishments, disproportionate to the crimes, prevents the execution of the laws. It is fair to add, however, that when Cromwell marched the members of this parliament out of the house at the point of the bayonet, in the year 1653, after calling one a drunkard and a glutton, and another an adulterer, he took this Mr. Henry Martin by the cloak, saying to him-"and thou, master Martin, thou art a whore-master." From whence it may be inferred, if we can believe Crom- well's accusations, that this law had but a feeble effect in checking these vices ; most probably on account of its severity ; though without doubt, it was highly productive of religious hypocrisy and pretensions, the better to cover their es- cape from its enormous penalty.
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CHAP. V. patches, and other immodest dress of women," but it did not 1651. pass .* Such being the temper of the times and the principles of those, who now ruled the English realm, there is no wonder, that lord Baltimore should deem it prudent to act in conformity thereto, and not give even his little Puritan colony on the Severn any cause of clamour against him.
We may further collect also from his lordship's letter or mes- sage, that not only the members of the last assembly, but those of the council also, had been remiss and negligent in their at- tendance to their respective duties, when summoned. Their ap- prehensions of the dissolution of the proprietary government might possibly have produced this effect. His lordship required, therefore, that such absentees should be proceeded against ac- cording to the laws, by fine or otherwise, at the discretion of the majority of the council or assembly; and furthermore, that the lieutenant should give his lordship information of such as thus neglect their duties, that he might displace them and put others in their room.
A law against spreading false news proposed The before mentioned reports also, so destructive of all sub- ordination in the province as well as of his lordship's authority therein, induced him now also, to request his lieutenant and by his lord- council of the province to use their best endeavours upon all oc- ship. casions for the timely suppression of all such false rumours and reports, and to find out the authors and publishers thereof, and to cause them to be punished according to their demerits; and he also recommended it to the consideration of the general assem- bly there, whether it be not convenient to make a law in the pro- vince, as there is in England, for the punishment of all such as should publish false news to the disturbance of the minds of the people, and the public peace.t
* Hume's Hist. ch. lx.
t It is laid down by writers of authenticity, that "spreading false news, to make discord between the king and nobility, or concerning any great man of the realm, is punishable by common law, with fine and imprisonment : which is confirmed by statutes, Westm. i. 3 Edw. i. c. 34 ;- 2 Ric. ii. st. i. c. 5, and 12 Ric. ii. c. 11." See 4 Bl. Com. 149. If lord Baltimore, as lord proprietary of Maryland, was entitled to jura regalia, the common law, in this respect, would seem to have been applicable to, and therefore in force within, the province. But, from his lordship's expression above-"a law," he seems to have alluded to some one of the statutes just cited, most probably to that of Westm. c. 34; wherein is an ex- pression,which, upon the principle of lord Baltimore's palatinate regalia, is pecu- liarly applicable :- "Tales, whereby discord, or occasion of discord, have many times arisen between the king and his people." So reports, whereby discord has arisen between the lord proprietary and his people of the province, would fall
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These rumors and reports, however, had too strong a founda- CHAP. V. tion in truth to be done away by such suggestions of his lord- 1651. ship. It will, therefore, be necessary here to revert to some of those important events, which had lately taken place in the mo- ther country, and which soon had their bearing and effect upon the affairs of the province.
It has been herein before stated, that the Dutch nation had, from Proceed- the earliest settlement of this province, as well as in Virginia prior England
ings in to it, carried on a considerable commerce with the English colo- for the re- nies in America. We have seen herein before also, that Charles ducement of the co-
the first had, by his instructions to Sir William Berkeley for that lonies. purpose, endeavoured to preserve to the mother country that monopoly of the colonial trade, to which it was justly entitled, in remuneration of the expenditures incurred by the protection of those colonies, as well as from the natural principle of colo- nization .* But, that the colonies of Virginia and Maryland, finding a more ready or convenient market for their tobacco with the Dutch than with the merchants of their mother country, es- pecially since the commencement of the unfortunate civil wars, had still persisted in that illicit trade.t This unlawful commerce had also encouraged and enabled these colonies, particularly Barbadoes and Virginia, to venture on a refusal to acknowledge the late changes in the government of England, and to persist in an adhesion to the cause of their sovereign, both the late and present Charles. To punish the "acts of rebellion" of these "robbers and traitors," as they call them, the parliament made the before mentioned ordinance of October 3d, 1650. But it seems remarkable, that, notwithstanding their resentment and hostility, discernible in this ordinance, against these rebellious colonies, particularly Barbadoes and Virginia, no effectual means were taken, for more than six months, to carry its prohibitions into effect .¿ This is to be accounted for solely upon the suppo-
within the rule. It may be inferred, however, that lord Baltimore did not sup- pose this statute to extend to Maryland. As we have now gone through this let- ter or message of his lordship, herein before frequently referred to, and gleaned from it such historical facts as deserve attention, the reader will find this import- ant document at large in note (LXXIX.) at the end of this volume.
* See before, p. 150.
t See before, p. 218, 363.
# Chalmer's, (in his Annals, p. 123, who is herein followed by Robertson, ) has without doubt, committed a small mistake in saying, that "in pursuance of the ordinance" of 1650, which he had just then stated, "the ruling powers instantly appointed commissioners, and detached Sir George Ayscue, with a powerful fleet, &c., to reduce all their enemies to submission,"-meaning the rebellious colonies.
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CHAP. V. sition, that uncertainty was yet deemed by the leaders in parlia- 1651. ment to hang upon the progress of their cause. Their divisions among themselves and consequent perplexity in the management of their affairs might also occasion delay. The arrival of the young king in Scotland, in June, 1650, had occasioned the English par- liament to recall Cromwell from his successful progress in the sub- jugation of Ireland, in order to send him with an army into Scot- land to counteract the Presbyterians there in the use they were making of his majesty's presence among them. On Cromwell's marching into that kingdom, the Scots raised an army to op- pose him, but by their bad management they suffered him to de- feat them at Dunbar; "the Lord," as he said, "having delivered them into his hands." This defeat had a temporary favourable effect upon the situation of the young king in Scotland; who had been, indeed, ever since his arrival there, but in a sort of state imprisonment. The Scots now crowned him, (January 1, 1651, N. S.) and rallied their army under his banners. The king taking advantage of this apparent loyalty, persuaded the leaders of the Scotch army to march with him into England, where he flattered himself, that with such a show of force under him, the English royalists would immediately flock to his standard. The king, with the Scotch army, was in so fortunate a position, that he was enabled to give Cromwell the slip, and was on his march for a day or two before Oliver knew where he was. The Scotch army marched with so much rapidity, that Cromwell could not overtake them, until they had halted for rest at the city of Worcester, in England. Coming up with them here, on the 3d of September, (1651,) he gained his ever me- morable battle of Worcester,-his "crowning mercy," as he called it; when he entirely routed the Scotch army, killed many, took a considerable number of prisoners, and obliged the unfor- tunate king to betake himself to disguise and secrecy in order to effect his escape out of the kingdom.
It is from this victory, that historians date the commencement of Cromwell's uncontrolled power over the English common- wealth. His son-in-law Ireton, and after him Ludlow, had by this time completed the conquest of Ireland ; and Monk, whom he had left in Scotland, with a detachment of the English army,
Sir George was not sent out against Barbadoes for more than six months after the passage of the ordinance ; nor were commissioners appointed for the "re- ducement" of the colonies on the Chesapeake until September, 1651, near a twelve month after the ordinance.
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soon reduced that kingdom to submission. Cromwell, after a CHAP. V. few days rest at Worcester, returned in triumph to London on the 1651. 21st of September, to commence his dictatorship of the common- wealth. As he had been absent out of the kingdom, at the head of the English armies in Ireland and Scotland, since the middle of the year 1649, much of the business of the parliament had been transacted without his immediate privity. We must there- fore impute these negotiations, which had lately taken place be- tween the English commonwealth and the states of Holland, to
the parliamentary leaders of the independent party. While these leaders were uncertain of the duration of their power, they were reluctant to come to an open rupture with the Dutch re- public ; especially as they were constantly in dread of the influ- ence of the house of Orange, (who were nearly connected by blood with the royal family of England,) to induce the states to join in restoring the king. The prince of Orange's death, which occurred in the latter end of the year 1650, leaving his power and influence to a posthumous son now an infant, presented to the parliament a promising opportunity of forming a strict defensive alliance between the two republics. They accordingly, in the beginning of the present year, 1651, sent two ambassadors, (Oliver St. John and Walter Strickland,) for the purpose of ne- gotiating this alliance. But the states, uncertain as to the pro- gress of the king, (who was then in Scotland, lately crowned there, as just mentioned, and apparently at the head of a loyal army of Scots,) rejected the terms offered to them by these en- voys ; being probably also influenced thereto by the party of the house of Orange, who were not yet entirely suppressed. In the discussion of these terms, it seems, the Dutch presented a long list of debts due on account of the depredations of the English upon the trade of Holland. The English ambassador rejected the account, because it chiefly consisted of Dutch vessels taken in an illicit trade with the revolted English plantation ;* referring, as may be presumed, to the before mentioned prohibition of all foreign trade with Barbadoes and Virginia, and the colonies therein mentioned, by the parliamentary ordinance of the 3d of October, 1650. These and other difficulties broke off the ne- gotiation, and the English ambassadors returned home in July of the present year, sorely vexed and disgusted with the Dutch; particularly St. John, who had received some personal insults at
* Mod. Univ. Hist. vol, xxxi. p. 365.
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CHAP. V. the Hague by the partizans there of the Stuart family .* He had 1651. been an eminent lawyer and barrister, was at the time of his embassy chief justice of one of the superior courts of West- minster Hall, and consequently on his return availed himself of his extensive influence with the leaders of the parliament in pro- moting the subsequent war with the Dutch. It is observed also, by an historian of great authority,? that "Cromwell consented to this war, of which he saw no necessity, in pure compliance to St. John, and some others, who appeared extremely incensed against Holland." It may be proper also to add here, that this same historian states, that some of the leaders in parliament were ac- tuated, in the promotion of this war with the Dutch, by a secret motive founded in the hope, that it would tend to diminish Crom- well's power. The Dutch war would occasion an increased ex- penditure in the maritime force of the nation ; which expendi- ture would bring about a reduction, if not a disbanding, of the English armies ; and thus Cromwell's projected military despo- tism would be undermined. Be these causes, however, what they may, it seems certain, that soon after the return of the am- bassadors from the Hague, in July of this year, as before men- tioned, war with the Dutch was finally resolved on by the par- liament. Prior to their return, however, and before the decisive battle of Worcester, some steps had been taken, early in the spring of this year, to check the progress of the Dutch trade ; and, for that purpose, a fleet had been prepared during the pre- ceding winter, or fitted out early in the spring, to break up the Dutch trade with Barbadoes, as well as to conquer the isle of
As these insults to St. John are alleged to have had a strong operation in ac- celerating the English war with the Dutch at this time, curiosity may be gratified in briefly mentioning the circumstances, as they are related in the Mod. Univ. Hist. vol. xxxi. p 364. " The duke of York was, at the time of the arrival of this embassy, at the Hague, where St. John, the English envoy, had the pre- sumption in a public walk to dispute the precedence with him ; which being ob- served by the prince palatine," (Charles Lewis, count palatine, grand-son of James the first, of England,) " his generous mind was fired at the indignity. He pulled off the envoy's hat, and bade him respect the son and the brother of his king. St. John put his hand upon his sword, and refused to acknowledge either the king or the duke of York ; but the populace taking part with the young prince com- pelled St. John to seek refuge in his lodgings. Complaints were made by the ambassador to the states-general, who advised the duke of York to retire to one of the prince of Orange's palaces in the country, and expressed their sorrow for the accident on an apology to the English minister."
t Rapin's Hist. (Tindal's edit.) vol. xi. p. 58; and in this he seems to corres- pond with the similar statement of lord Clarendon, in his Hist. (fol. edit.) p. 636.
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Scilly, which at that time still held out for the king. Sir George CHAP. V. Ayscough, who had been appointed to the command of this fleet, 1651. having accomplished the reduction of these isles, put into Fal- mouth for further orders. Some delay occurring to him here, in the receipt of his further orders from London, he did not sail from thence again until about the middle of May, 1651, when, having secret instructions also to cruise upon the coasts of Spain and Portugal for the squadron under prince Rupert, who, as the report thereof prevailed in England, had it in contemplation to cross the Atlantic, and keep possession of all the British Ame- rican colonies, particularly Barbadoes and Virginia, in his ma- jesty's name and for his use, Sir George did not arrive at Bar- badoes until the 16th of October, 1651, where he met with a stouter resistance from the loyal inhabitants of that island, than he had reason to expect .*
In the mean time, a distinct expedition was planning in Eng- Instruc- land for the reduction of Virginia. In the month of September, commis- tions to 1651, the council of state, acting as the executive branch of the sioners for commonwealth, took this subject into consideration, and referred the "re- ducement" it to a committee of themselves, then before appointed, "for the of Virgi- carrying on the affaires of the admiralty." This committee ap- nia. pointed captain Robert Dennis, Mr. Thomas Stagge, and cap- tain Edmund Curtis, who were then officers in the navy, or inhabitants of Great Britain, together with Mr. Richard Ben- nett and captain William Clayborne, then residents of Virginia, to be "commissioners for the reducing Virginia, and the inhabit- ants thereof, to their due obedience to the commonwealth of England." In pursuance of this appointment, the committee proceeded to draw up certain "instructions, for the better direc- tions and proceedings of these commissioners, in the manage- ment of that service." In the first draught of these instructions " Maryland was at first inserted, to be reduced as well as Virgi- nia, but the committee being afterwards satisfied by all the mer- chants that traded thither, (who were engaged to assist with their ships in the reducement of Virginia,) that Maryland was not in opposition to the parliament ; that captaine Stone, the lord Balti- more's lieutenant there, was generally knowne to have beene alwayes zealously affected to the parliament, and that divers of the parliament's friends were by the lord Baltimore's especiall
* Mod. Univ. Hist. vol. xli. p. 140.
t The council of state were a numerous body, consisting of thirty-nine per- sons. See their names in Hume's Hist., ch. Ix.
VOL. II .- 55
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CHAP. V. directions received into Maryland, and well treated there, when 1651. they were faine to leave Virginia for their good affections to the parliament ; then the said committee thought it not fit at all to disturbe that plantation ; and, therefore, in the presence of many of the said merchants, and of the two chief commissioners, Denis and Stag, caused Maryland to bee struck out of the said instruc- tions ; and the council of state did thereupon give license to many ships to trade at that time to Maryland, but would not permit any to goe to Virginia till that colony were reduced to obedience."* The instructions were accordingly prepared, as we now see them, bearing date, "Whitehall, 26th September, 1651;"' without any express directions therein for the reducing of Maryland. We shall soon see, however, that the ingenuity of Bennett and Clayborne contrived a construction of them, sufficient to authorise them, in their opinions, to reduce Mary- land as well as Virginia.
These instructions, after referring to the before mentioned ordinance of October 3, 1650, "for prohibiting trade with Bar- badoes, Virginia," &c., wherein powers were given to the coun- cil of state, "for the reducing and governing the said planta- tions," &c., and stating, that "a fleet was now set forth, victual- led, armed, and manned, under the command and conduct of captain Robert Denis, to effect, by the blessing of God, the ends aforesaid," directed the commissioners, that "upon their arrival at Virginia, they, or any two or more of them, (whereof captain Robert Denis to be one,) should use their best endeavours to reduce all the plantations within the bay of Chesopiaik to their due obedience to the parliament of the commonwealth of Eng- land." Maryland being a "plantation within the bay of Cheso- piaik," it was upon this clause, that the commissioners rested the justification of their subsequent conduct in respect to that colony. To effectuate this purpose of reducing these colonies, the commissioners were empowered to use, in the first place, persuasive and lenient measures, as granting pardons, &c .; but, if necessary, "all artst of hostility, that lie in their power ;" par-
* The above quotation is from the pamphlet, before cited, entitled, "A Refu- tation of Babylon's Fall," &c., by Mr. John Langford; who, being a sensible and intelligent cotemporary writer, is to be relied on.
t This expression-"arts of hostility,"-is so in the original, as published in Hazard's Collections, (vol. 1, p. 557.) It is possible, however, that in copying, Mr. Hazard, or some one for him, might have mistaken the word arts for acts. The former word carries with it an insidious, and therefore, odious sense. After
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ticularly the enlistment of servants within the colony into their CHAP. V. army, and the discharging and setting free from their masters all 1651. such persons so serving as soldiers .* They were also to "cause and use the several acts of parliament against kingship and the house of lords to be received and published ; as also the acts for abolishing the book of common prayers, and for subscribing the engagement, and all other acts herewith delivered you."
It must be acknowledged by all candid persons, that the pow- ers, vested by this clause in the commissioners, carried the au- thority of an English parliament over the colonies, to a higher tone than was ever attempted before or since by any English or British parliament. Supposing that the parliament had power to alter and change the form of government adopted and used by any one of the colonies, and to change such government from a monarchy to a democracy, (of which some doubts might be en- tertained,) yet assuredly the abolition of the form of prayer, in the use of which almost every inhabitant of Virginia had been bred up from his infancy, and to which he was perhaps religious- ly attached, was such a gross violation of every idea of religious liberty, that at this day we cannot but view the authors of such
a measure as base hypocrites, renouncing those very principles, by which they had artfully worked their way to the tyranny which they now exercised. What those "other acts" of parliament were, which were now also delivered to the commissioners to be enforced, we are no where informed. It is evident, that the par- liament claimed a right "to bind the colonies in all cases what- soever." Nor did the favourable terms, obtained by Virginia on its subsequent capitulation, so much extolled by one of its his- torians,t remedy in a great degree this notorious violation of re- ligious liberty ; for, the commissioners graciously condescended therein to permit the use of the book of common prayers for only "one year ensuing."}
The three commissioners, in England, Dennis, Stagge, and Curtis, being now furnished with their commission and instruc- missioners The com-
lenient and persuasive measures, "acts of hostility," would naturally follow. But the enlistment of servants, being specially directed by them, the word "arts" seems to have been an appropriate term.
* As the word servants was here used, it is probable, that it was not intended thereby to include negro slaves; but only indented white servants, then serving in the colony according to the usage of that time.
See Burk's Hist. of Virginia.
# See these "Instructions," just above stated, at large in note (LXXX.) at the end of this volume.
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1651. sail on their ex- pedition.
CHAP. V. tions, must have sailed on their expedition, soon after the date of the latter. A small fleet of ships, belonging to the English mer- chants of the Virginia trade, "who had engaged to assist with their ships in the reducement of Virginia," as it is stated,* sailed with them. On board of these merchant ships were embarked a regiment of seven hundred men, and also, extraordinary as it may appear to us at this day, about one hundred and fifty of the Scotch prisoners, who had been taken at the battle of Worcester, about a month before ; and who were transported to be sold as servants in Virginia.t It was the common usage of navigators in those times, in their voyages from Europe to America, to make their route to the southern latitudes, as far as the Azores, in order to have the benefit of the trade winds across the Atlan- tic. For this purpose, or possibly with a view of reinforcing Sir George Ayscue, who was at this time endeavouring to get possession of Barbadoes, the fleet under captain Dennis took the same route. Sir George had been with his fleet, ever since his arrival at Barbadoes on the 16th of October, (1651,) until the middle of December following, hovering about the harbours of that island, before he could venture to land ; such was the bold and spirited resistance of those islanders under lord Willoughby, their governor. The Virginia merchant fleet, perhaps directed to make Barbadoes their place of rendezvous, fortunately for Sir George, arriving about the time last mentioned, he with the as- sistance of the regiment and the Scotch prisoners, before men- tioned, made good his landing, and took the principal fort of the islanders ; who soon after, through lord Willoughby their govern- or, made almost as favorable a compromise with Sir George Ays- cue, as the Virginians and Sir William Berkeley afterwards did with the Virginia commissioners. Whether the two principal commissioners for Virginia, captain Dennis and Mr. Stagge, ar- rived at Barbadoes, with the merchant fleet just mentioned, is not to be determined with certainty. From the omission of any mention of either of them, particularly captain Dennis, in the histories of Barbadoes, at that critical juncture of the reduction of that island by Sir George Ayscue, it may be inferred, that they did not get so far on their voyage to Virginia. It is cer- tain, that they never arrived at Virginia, in pursuance of their
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