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 83
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ยท Langford's " Refutation of Babylon's Fall," &c.
+ Oldmixon's Brit, Emp. in Amer. vol. ii. p. 21, and the Mod. Univ. Hist. vol. xli. p. 142,
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intended expedition. For the ascertainment of this fact, we are CHAP. V. indebted to our respectable Maryland author, before quoted. "In 1651. this expedition to Virginia," (says he,) "captaine Dennis and captaine Stag, the two chief commissioners, were cast away out- ward bound, in the admiral of that fleet, which was sent from hence" (England) "upon that service, and with whom the origi- nal commission for that service was lost. But, captain Curtes, having a copy of the said commission and instructions with him in another ship, arrived safe in Virginia, and there being also nominated in the royal commission two other persons resident in Virginia, that is, Mr. Richard Bennet before mentioned, and cap- tain Clayborne, (known and declared enemies of the lord Balti- more,) they, together with captain Curtes, proceeded to the re- ducement of Virginia, which was effected accordingly."* Whe- ther captain Curtis touched at Barbadoes, or not, in his voyage, or whether the Virginia merchant fleet, before mentioned, toge- ther with the regiment and Scotch prisoners on board them, came to Virginia, in conjunction with captain Curtis, or to meet him, we are no were informed. From the circumstance of captain Curtis's not arriving at Virginia until the last of February or first of March following, it may be inferred, that he had designedly delayed in the West Indies, and probably at Barbadoes, during the winter months of December and January, in order to arrive at Virginia, as he did, in the earliest commencement of mild Captain weather in the spring of the year 1652, N. S. What passed at rives in Curtis ar- the "reducement" of Virginia, or a detail of the resistance of Virginia. Sir William Berkeley and the Virginians to captain Curtis's ar- 1652. mament, appertains not to our narrative here. It may be allow- able, however, to observe, that the extraordinary favorable terms obtained by the Virginians and their governor on this occasion, might possibly be owing to two obvious circumstances attending the transaction, rather than to any great and powerful resistance they were able to make in their defence. The failure of captain Dennis's arrival must have considerably diminished captain Cur- tis's force ; and, as the two other commissioners-Bennet and Clayborne, (without whose co-operation Curtis could do nothing,
* Langford's " Refutation of Babylon's Fall," &c. Mr. Langford's statement, as above, is confirmed, beyond a doubt, by the want of the signatures of Messrs. Dennis and Stag, the two other commissioners, to the articles of capitulation with Virginia. By their instructions, nothing was to be done without the assent of captain Dennis ; but, in case of his mortality or absence, then captain Curtis was to act as chief in command.
f
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CHAP. V. agreeably to their instructions,) were, on his arrival at James 1652. town, then residents in Virginia, and consequently within the power of Sir William Berkeley and those who supported him in his measures, it ceases to be wonderful, that such extraordinary favorable terms were obtained by them .* Sir William, however, knowing that continued resistance would finally be useless, avail- ed himself of those favorable circumstances, to enter into arti- cles of capitulation and surrender of the colony to the three com- missioners, as he did, on the twelfth of March, 1651, O. S.
A circumstance attending this reducement of Virginia, as it regards Maryland, ought not to be here omitted. It is stated by our respectable Maryland author, before quoted,t that "captain Stone, being then the lord Baltimore's lieutenant of Maryland, did actually assist them therein." This fact throws great light on the religious as well as political disposition of those persons, who now administered the government of Maryland; and, as they probably acted under the direction of lord Baltimore, tends to prove, not only that his lordship had made it his ruling policy, to allow within his province a liberal indulgence to all the differ- ent sects of religion then prevalent, but more particularly also, what might be deemed by some, a criminal acquiescence of the Roman Catholics in Maryland, in imitation of those in Ireland, at least as far as his lordship's influence could operate, in con- curring with the Puritans in measures calculated to destroy the
* It must be acknowledged, that this supposition, of Bennett and Clayborne being then actually "residents in Virginia" at the time of the arrival of captain Curtis, seems to be contradicted by an expression in the act of indemnity, grant- ed by the commissioners to the inhabitants of Virginia on their capitulation, to wit,-" We the commissioners, &c. having brought a fleet and force before James city," &c. But this expression is quite too feeble to contradict a stronger ex- pression in the instructions to the commissioners from the council of state, viz .- " Such of you as are here," that is, in England, "are to repair on board the ship John," &c. This necessarily demonstrates, that two at least of the five commis- sioners were not in England at the time of the instructions. The strongest pro- bability is, that they must have been then, at the time of Curtis's arrival, as well as at the time of the instructions, "residents in Virginia," as expressly stated by Mr. Langford, a cotemporary author. Two of the three commissioners, who transact- ed all the business of the capitulation, being themselves Virginians, would, there- fore, very naturally give themselves the most favorable terms, and most probably by personal stipulation with Sir William Berkeley, prior to the surrender, pro- mised to him all he could reasonably ask, as well for himself as for the colony. The story of the two counsellors, who had goods on board the fleet, mentioned by all the historians of Virginia, might co-operate and assist Bennett and Clay- borne in raising a faction against Sir William too powerful for him to oppose.
t Langford's " Refutation of Babylon's Fall," &c.
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established religion, and necessarily with it the government, of CHAP. V. England. 1652.
But this temporizing policy of captain Stone failed, as it seems, in producing those favorable consequences to Maryland, which he had, without doubt, expected from it. Bennett was too much of a Puritan, not to be anxious to put the government of Mary- land on such a basis, that his brethren, whom he had been chief- ly instrumental in fixing on the Severn in that province, might have all the influence therein, which they could wish for ; and Clayborne most probably fully calculated on a restoration to all his rights and claims on the isle of Kent.
After the surrender of Virginia, these two commissioners, with The com- captain Curtis, proceed to Maryland ;* and, as we may presume, to proceed to missioners the seat of government at St. Mary's. Arriving here about the last Maryland, of March, 1652, N. S. and conceiving themselves authorised by mits. their commission and instructions, before mentioned, to reduce "all the plantations within the bay of Chesopiaik" to their obe- dience to the commonwealth of England, of which Maryland was, without doubt, one, they at first proposed to governor Stone and the council of the province, (as appears from their procla- mation of the 29th of March, hereafter stated,) "that they should all remain in their places, conforming themselves to the laws of the commonwealth of England in point of government only, "and not infringing the lord Baltimore's just rights."}
which sub-
* It has been before stated, on the authority of Mr. Langford, that Mr. Rich- ard Bennett, whom we have before seen active in procuring preachers from Boston for the Puritans in Virginia, ) was one of those, who, being driven out of Virginia, came and settled at Providence on the Severn in Maryland. On the same authority it is stated also, that Mr. Bennett was a resident in Virginia, when he was appointed one of the commissioners, and when captain Curtis ar- rived there. This seeming contradiction is reconcilable by supposing, that Mr. Bennett's residence at Providence or Ann Arundel was merely temporary, and that as soon as he had seen his brethren fixed on the Severn, he returned to his residence in Virginia. This is corroborated by the circumstance, that although he was a man of the first influence among those settlers at Providence, yet we do not perceive his name in any subsequent document or important proceedings of Ma- ryland from the time of that settlement to the present period of his appearing as one of the commissioners.
t This appears from the proclamation of the commissioners of the 29th of March, 1652, inserted in note (LXXXI.) at the end of this volume. The " just rights of lord Baltimore," here referred to, we may suppose to have been merely his right of receiving his rents for lands already granted by him, and possibly also of continuing to exercise the right of granting lands within the province on the condition, heretofore used by him, of paying the customary rents reserved thereon.
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CHAP. V. This conformity to the laws of England seems to have been in- 1652. tended principally in two particular respects ; to wit :
First. "That all writs, warrants and process whatsoever be issued forth in the name of the keepers of the liberty of England, by authority of parliament."-This was agreeable to the law or ordinance of parliament, made in March, 1649, soon after they had put the king to death, whereby the custody of "the great seal of the parliament of the commonwealth of England," which they had caused to be new made, was committed to a certain number of persons, (three,) who were styled,-Custodes Liberta- tis Anglic, authoritate parliamenti,-(keepers of the liberty of England, by authority of parliament; ) and all writs, process, and proclamations, or public orders, were for the future to be in their name.
Secondly. "That all the inhabitants of the province," (in- cluding the governor and council, and other officers of the pro- vince,) "should subscribe the test, called the engagement." This also was in conformity to an ordinance of parliament, made about the same time as that just before mentioned; whereby a new oath or test was prescribed, instead of the old oath of al- legiance, of the same tenor or form, as that now required in Ma- ryland by these commissioners, to wit :-- "We, whose names are subscribed, do promise and engage ourselves to be true and faith- ful to the commonwealth of England, as it is now established, without king or house of lords."
To this second or latter proposition, that is, to take the engage- ment, governor Stone and the rest of lord Baltimore's officers of his government in the province readily assented, and (according to our Maryland author,*) "declared, that they did in all humili- ty submit themselves to the government of the commonwealth of England, in chiefe under God."
In respect to the former proposition, to wit, that all writs, &c., should be issued in the name of the keepers of the liberty of England, and not in the name of the lord proprietary, as they were wont to be :- (to pursue the words of our last cited au- thor,)-"In this, they desired to be excused, because, they did conceive, the parliament intended not to divest the lord Balti- more of his right in his province, and that they understood out of England, that the council of state intended not, that any alteration should be made in Maryland; that the king's name
* Langford's "Refutation," &c.
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was never used heretofore in the said writs, but that they had CHAP. V. alwayes beene in the name of the lord proprietary, according to 1652. the priviledges of his patent, ever since the beginning of that plantation. That the act in England for changing of the formes of writs, declared only, that in such writs and processes, where- in the king's name was formerly used, the keepers of the liber- ty of England should for the future bee put instead thereof. That the continuing of the writs in the lord proprietary's name was essential to his interest in the province, and therefore they could not, without breach of trust, concur to any such alteration.
"Whereupon," (according to our author,) "the said commis- sioners demanded of captain Stone the lord Baltimore's com- mission to him; which he shewed them; and then, without any other cause at all, they detained it, and removed him and his lordship's other officers out of their employment in the province under him, and appointed others to manage the government of Maryland independent of his lordship."
The further reasoning of this author upon this transaction seems to be too forcible and pertinent on the present subject to be here omitted; especially, as his work is now scarcely attaina- ble by common readers, and what he wrote was from a more intimate knowledge of the affairs of Maryland at that time, than almost any other man; he having been, as he states in his pamphlet, "employed by my lord Baltimore in his affairs relating to that province, both heere and there," (in England and in Ma- ryland,) "for above twenty yeares last past."* After the foregoing statement of the proceedings of these commissioners, he oh- serves :- "By which it appears, Mr. Bennett and captain Clay- bourne took upon them an authority much contrary to the in- tention of the councell of state, and indeed contrary to common sense and reason; for, certainly if the councell had had any cause to have altered their mind in that particular, of Mary- land, after they had strucke it out of the sayd instructions, they would have caused it to have been put in againe by the same name, whereby their intention might have beene clearely understood; much lesse could they have any intention of reducing
* Mr. John Langford was, by commission dated March 24th, 1641, appointed surveyor-general of all the castles, lordships, manors, forests, lands, &c., of his lordship within the province of Maryland "during his natural life ;" a tenure of office so uncommon within the province, as bespeaks the confidence which was placed in him by his lordship. He was also a member of the council for several years, as appears by the two commissions for that purpose of 1642 and 1643,
VOL. II .- 56
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CHAP. V. any place that was not in opposition against them, but in due
1652. obedience; so as if Maryland had been by any mistake put in by name to be reduced, upon a supposition in the councell that it had been in opposition, yet they could not in reason intend, that in case their commissioners had found, when they came upon the place, (as they did,) that it was not in opposition, that they should reduce it, or prejudice any man's right upon that ac- count. So that whatsoever was done in Maryland by the sayd Mr. Bennett, then governor of Virginia, and the other commis- sioners, was done without authority."
The commissioners, however, having taken captain Stone's commission from him in the manner stated, (not perhaps in a very fair or honourable way,) they proceeded to publish their orders for the future arrangement of the government of the pro- vince, in a proclamation, bearing date the 29th of March, 1652 ; in which, after referring to their commission and instructions, before stated, and to the propositions before mentioned, made by them to governor Stone and the council, and their denial and refusal of the same, they declared their orders, in substance, as follows :
"That all writs, warrants, and process whatsoever, be issued forth in the name of the keepers of the liberty of England by authority of parliament; and that they be signed under the hand of one or more of the council hereafter named, viz. Robert Brooke, esqr., colonel Francis Yardley, Mr. Job Chandler,* cap- tain Edward Windam, Mr. Richard Preston, and lieutenant Richard Banks.
" That the said council of Maryland, first taking the engage- ment, do cause the same to be tendered to all the inhabitants in these words :- [as herein before stated. ]
" That the said council of Maryland, or any two or more of them, whereof Robert Brooke, esqr., to be one, do govern and direct the affairs thereof;t and hold courts as often as they think
Mr. Brooke and Mr. Chandler had been members of the council before, un- der lord Baltimore. The former by commission bearing date, September 20th, 1649, before stated, and the latter by one dated August 1st, 1651; by which last commission Mr. Chandler was also made his lordship's "receiver-general." These appointments of Mr. Chandler appear from the preamble to his commis- sion, to have been made by lord Baltimore himself, through the special recom- mendation of governor Stone, and the friendship, therein professed by his lord- ship, for Mr. Richard Chandler, of London, merchant, brother to Mr. Job Chandler.
+ From this it would appear, that Mr. Brooke was to act as governor, or presi- sident of the council, in the room of governor Stone.
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fit for that purpose; as also, that they summon an assembly to CHAP. V. begin on the 24th of June next coming, the burgesses whereof 1652. are only to be chosen by such freemen as have taken the said engagement; and that neither by the said council, nor in the said assembly, any thing be acted contrary to the laws of England there established, or to their obedience due to the common- wealth of England.
"That the commissions for the governor and council," (that is, lord Baltimore's commissions to governor Stone and his coun- cil,) "be hereby declared void and null, and to be delivered into the hands of us the commissioners ; as also that all records, and other matters and things relating to the government of Mary- land, be delivered into the hands of the council herein by us nominated .* "
Thus was the province of Maryland completely reduced to an obedience to the parliament of the commonwealth of Eng- land, and all authority and power of the lord Baltimore within the colony, which he had planted at so much cost and reared with so much care, entirely taken out of his hands, with the probable prospect, that it would never again be restored to him.
* See this proclamation of the commissioners at large, in note (LXXXI.) at the end of this volume.
CHAPTER VI.
The state of the province after the "reducement"-The commissioners return to Virginia-The commissioners return to Maryland again-The government re- instated by them in captain Stone-Clayborne's claim to the isle of Kent-A treaty with the Susquehanock Indians-Complaints against Captain Vaughan, as commander of the isle of Kent-Hostilities of the Eastern Shore Indians- Grants of lands from lord Baltimore neglected in Anne Arundel and the isle of Kent-A scarcity of corn-Origin of the famous navigation act-Hostilities apprehended from the Western Shore Indians-Affairs of England in relation to Maryland-Proceedings of governor Stone relative to patents for lands and issuing of writs-The early contests about the lands on the Delaware-State of the Roman Catholic religion at this time in Maryland-Cromwell proclaim- ed in Maryland as lord protector-Calvert county first erected-Governor Stone revolts, and the province is again "reduced"-The government vested in cap- tain Fuller and a council-An assembly called, which meets-Their proceed- ings-Governor Stone re-assumes his office and powers as governor-organizes a military force-And marches towards the Severn-The battle on the Severn -The estates of the delinquents, (governor Stone's party,) sequestered-Pro- ceedings in England relative to these provincial disputes-Fendall appointed governor-He is arrested and imprisoned by the Puritans-The government of England favourable to lord Baltimore-The agents, Bennett and Matthews, persevere in their opposition to his lordship-Lord Baltimore's instructions to his governor-Lord Baltimore sends his brother Philip Calvert to Maryland- Mr. Barber appointed deputy governor in the absence of governor Fendall- Fendall goes to England-The divided state of the province-Another Puritan assembly is called, and meets-The agreement between lord Baltimore and the agents, Bennett and Matthews-Lord Baltimore's instructions to his go- vernor for the time being-Governor Fendall returns to Maryland-Negotia- tions between the proprietary and Puritan governors for a surrender of the province to the former-The final agreement and surrender in consequence thereof.
CHAPT. VI. The affairs of the province, immediately succeeding the "re- ducement" thereof, appear to have remained for several months 1652. The state of the pro- the "re- duce- ment." in considerable uncertainty. Governor Stone and Mr. Hatton, the secretary, in consequence of their rejection of the terms prof- vince after fered to them by the commissioners seem to have been consi- dered for some short time only as private citizens. Hr. Hatton, however, appears to have found some favour with the new coun- cil; for, on his request to them for that purpose, they made an order of council, dated the 22d of April, 1652, that any inhabit- ant of the province, whom Mr. Hatton himself might appoint, should be authorised to collect, or "levy by execution in the usual manner, all or any such fees as were due to him." This
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order was expressed to be, "in the name of the keepers of the CHAPT. liberties of England by authority of parliament," and signed by VI. "Robert Brooke" and "Richard Banks," two of the council 1652. appointed by the commissioners, as before mentioned. There appears, from a subsequent document, to have been a family connection between Mr. Banks and Mr. Hatton, which possibly might account for this special favour, though common justice would have been a sufficient basis for it.
The commissioners must have returned to Virginia, soon after The com- they had completed the "reducement" of Maryland, on the 29th missioners of March as aforesaid, or at least by the latter part of April ; for, Virginia. return to on the 30th of that month, we find them there, engaged with the burgesses of Virginia, in organizing a new government for that province. The tenor of the important act for this purpose was thus :-
"James city, April 30th, 1652 .- At the general assembly .- After long and serious debate and advice for the settling of the government of Virginia, it was unanimously voted and conclud- ed, by the commissioners appointed by the authority of parlia- ment, and by all the burgesses of the several counties and places respectively, until the further pleasure of the states be known,* that Mr. Richard Bennett, esq., be governor for the ensuing year, or until the next meeting of the assembly, with all the just powers and authorities that may belong to the place lawfully. And likewise that colonel William Clayborne be secretary of state, with all belonging to that office,t and is to be next in place to the governor; next, that of the council of state be as follows :- [naming them in particular,] "and they shall have power to execute and do equal justice to all the people and in- habitants of this colony according to such instruction as they have or shall receive from the parliament of England, and accord- ing to the known law of England, and the acts of assembly here established." A further clause provided, that the said governor, secretary, and council should also have such additional powers and authorities, as the grand assembly should from time to time grant to them.}
* This must mean-"the pleasure" of the commonwealth of England.
t These expressions, relative to the offices of governor and secretary, must have vested in these officers all the powers of any former governor or secretary within that province.
# See this important State Paper at large in Burk's History of Virginia, vol. 2, p. 93.
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CHAPT. VI. As Mr. Bennett and Mr. Clayborne were now to aet in a most authoritative manner over the province of Maryland, it was 1652. deemed proper to state, as above, the extraordinary powers assumed by them or vested in them by the assembly of Virginia over that neighbouring colony also. Clothed with these ample powers in the parent colony, it was not for the weaker daughter to exhibit any symptoms of resistance to them or their mandates. We shall see them, accordingly, ruling with unresisted sway over both these two little distant portions of the British domin- ions. It is not to be supposed, considering the political senti- ments of the people of Virginia but a few months before, that Mr. Bennett could have been elected governor of that province by a free and unbiassed election ; and it was absolutely neces- sary, that his fellow labourer Clayborne, should also be provided for "next in place to the governor." It is probable also, that such councillors were nominated, whose political as well as religious opinions approximated to Puritanism, as nearly as could be selected. But, notwithstanding the boasted independence and the apparent security of the rights and privileges of Virgi- nians, acquired by the terms of the preceding surrender and capitulation, on the 12th of March, we here find in this last proceeding of the burgesses, on the 30th of April, a tame sur- render of all those rights and privileges to two creatures of the English commonwealth, who were in all things to act, "accord- ing to such instructions, as they should receive from the parlia- ment of England."
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