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 91
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CHAPT. ing law, enacted by these Puritans at the present session, deli- VI. neates their character, as to religious toleration, more than 1654. volumes, which have been written on the subject. We have before stated this act of assembly,* to shew the comparative disposition of the different sects of religion, then contending for the supreme power within the British dominions, to indulge their opponents in the exercise of their religious opinions, and and have there hazarded the assertion, that neither the Roman Catholics nor the Puritans, although contending for what they called-religious liberty, had the slightest idea of ever granting that liberty to others, should they ever obtain the mastery of affairs. With respect to the latter this act affords abundant proof.
"An act concerning religion.
"It is hereby enacted and declared, that none who profess and exercise the Popish (commonly called the Roman Catholic) religion, can be protected in this province, by the laws of Eng- land formerly established, and yet unrepealed: Nor by the go- vernment of the commonwealth of England, &c., but to be restrained from the exercise thereof. That such as profess faith in God by Jesus Christ, though differing in judgment from the doctrine, worship, or discipline, publicly held forth, shall not be restrained from, but protected in, the profession of the faith and exercise of their religion; so as they abuse not this liberty to the injury of others or disturbance of the peace on their parts. Provided, such liberty be not extended to Popery or prelacy, nor to such, as under the profession of Christ, hold forth, and prac- tise licentiousness."
The prior part of this act, (as far as the words --- "exercise thereof,") which may be termed the disabling clause of the act, was in conformity to that part of the new form of government for England, before referred to, which imposed similar disabili- ties. The latter part or remainder of this act, which may be termed the enabling or tolerating clause, was a literal transcript of the XXXVII. section of the same instrument of government. Our Puritans, perhaps, may be said, therefore, to have been in some measure excused for following so closely the example of the mother country ; but, it must be recollected, that circumstan- ces had placed them, in relation to the proprietary government of Maryland, in a peculiar situation. There is a gratitude due
* In the Introduction to this history already published, p. 195.
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to governments, or to those who administer them, which some- CHAPT. times places a set of individuals somewhat under the same moral VI. obligation as an individual receiving a favour from the hand of a 1654. private person. It becomes a small abridgment of the full exercise of a power, which they might otherwise wield to its full extent.
In further conformity to the form of government, recently es- tablished in England, our colonial Puritan assembly now made an act also for "assemblies every three years." This must have meant, as it then did in England, that there should be a new election of members "every three years," but to hold their ses- sions as often as convenient or requisite.
Agreeably to the ostensible morality generally held out by the Puritans, they did not omit, at this session also, to make seve- ral provisions by different acts to enforce the obligation and ob- servance of moral principles and duties. For this purpose they passed several distinct acts,-"concerning drunkenness ;*- con- cerning swearing ;- concerning false reports, slandering, and tale bearing ;- concerning the Sabbath-day ;- and concerning adul- tery and fornication."{ Laws against these offences had been passed at former sessions of assembly, but perhaps not so as to suit exactly the temper of the present rulers. Upon the same principle they appear to have travelled over much of the same ground of legislation as had been provided for by their predo- cessors; particularly in relation to the Indians ; to wit, against the "stealing of Indians;}-selling of guns, powder, or shot to
* By the second section of this act,-"Every person, who should see any one drunk, and should not, within three days, make it known to the next magistrate, should be liable to the fine of 100 lb. tobacco." This fine was the same as had been imposed on the principal offender by the first section. What an espionage would such a law introduce among our grog-drinkers at this day!
t The punishment for these two last mentioned offences-adultery and fornica- tion, was such "as the commissioners authorized thereunto" (that is, the jus- tices of the court,) should adjudge and determine, not extending to life or mem- ber." The assembly here deserve some credit in not extending their punish- ment for these offences quite so far as their sister colony of Massachusetts, as well as the parliament of the mother country, had previously done, by making these offences punishable with death. See before, p. 427.
# This act made the stealing and selling, or transportation of any friend Indian punishable with death, as a former act of 1649 had done. Although it cannot be inferred from this act, that the slavery of Indians was then held lawful, yet from other acts of assembly before mentioned, (see p. 359,) it would seem to have been sometimes practised by some of the inhabitants of the province. The same inference may be made from an act of assembly of Virginia in this year, in which, to induce the Indians to trust their children with the whites to learn trades, the assembly "engaged that they shall not be used as slaves." Burk's Hist. of Virg. vol. ii. p. 103.
VOL. II .- 65
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CHAPT. the Indians ;- delivering of guns to them ;- and concerning the VI. trespasses of Indians ;- or a war with them ;- and of treating 1654. with them." It was also thought proper at this session to re- peal the former act of 1650, whereby the settlement of Provi- dence on the Severn had been erected into a county under the name of Ann Arundel, so far as to direct "that the county now called Ann Arundel county should be called and recorded by the name of the county of Providence, this being the first name by which it was known; the bounds thereof to be Herring creek, including all the plantations and lands unto the bounds of Pa- tuxent county, that is, to a creek called Mr. Marshe's creek, otherwise called Oyster creek." Patuxent county was erected by another distinct act of this session, and appears to have been the same as that before erected by an order of governor Stone, (July 3d, of this year,) under the name of Calvert county .*
The laws of this session being numerous, (amounting to forty six in number,) and most of those, not before mentioned, ap- pearing to be but repetitions of former acts, they must be here omitted, with the exception of two; which, relating to the old stumbling block of the Puritans-the oath of fidelity to lord Baltimore, as being the indispensable preliminary to "rights of lands," cannot with propriety be passed over without some no- tire. The former act, entitled, "an act concerning rights of lands," was intended to counteract the proceedings of lord Bal- timore and his government here, in refusing patents without the previous oath of fidelity, with the reasons of the assembly for the same.
" An act concerning rights of land.
"The assembly perceiving by the conditions of plantation which are imposed upon the inhabitants of this province of the lord Baltimore, and by his proclamation directed to his officers here, that none can hold any land of his lordship without viola- tion of the liberty of his conscience, which he binds to take an oath inconsistent with the laws of England now in force and published, and so contrary to their engagement to his highness · the lord protector, and the commonwealth of England ;} and all those, that do not take such an oath, shall lose all their lands, as seized for his lordship's use ; the execution whereof efficacious- ly to be performed, he requireth and chargeth his officers in his
* See before, p. 499.
+ The unreasonable grounds of this objection to the oath of fidelity to his lordship will appear, by referring back to p. 404 and 474, 475.
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own name to attend unto. The assembly cannot see how they, CHAPT. that have rights to land, can, without collusion and deceit to VI. him and themselves, apply themselves for rights of land to the 1654. said lord Baltimore or his officers; that all those, that transport themselves or others into this province, have a right to land by vir- tue of their transportation ; that every one may enter their rights of land in their several respective courts, and also may enter a caveat for such a particular tract of land as they have or shall take up."
Although this act does not expressly say, that the party, so taking up land "by virtue of his transportation," should have and enjoy an estate in fee simple in his land, as fully and abso- lutely as if a patent from his lordship had been granted for the same, (as a subsequent act of assembly did, on a similar occa- sion,*) yet it seems evident, that the provision for the entry of a caveat, (which must have been to prevent any other person from taking up the same land,) would have an operation similar to the more express words of the subsequent act. Although the oath of fidelity, by a subsequent agreement, in behalf of lord Baltimore, in March 1657-8, was not to be pressed in future upon the residents of the province, and instead thereof a certain engagement, as therein prescribed, was to be taken by those who would obtain grants of their lands, as will presently be seen, yet the notice of this act herein may be of use, in accounting for the want of a patent for such lands as may have been taken up in the intermediate space of time.
The other act of this session, just referred to, relates to the same subject, but seems to be in the nature of a declaration against the proclamation of governor Stone, of the 7th of Feb- ruary, 1653-4, herein before stated.t
" Whereas by a proclamation, published and recorded in this province, by special order and command from the lord Balti- more, all the inhabitants, that will not within three months take that oath, which is imposed by his lordship, requiring them to acknowledge him to be an absolute lord of this province, and to
* When the government of the province, soon after the English revolution, was taken out of the hands of lord Baltimore, in 1692, in resentment thereof he shut up his land office, and would grant no patents. To remedy this, the assem- bly of that year passed the act entitled, "an act for securing the rights of seve- ral persons ;" by virtue of which those, who had obtained warrants which were executed, were to enjoy them in fee simple without a patent. See the act at large in Bacon's Collection of the laws, 1692, ch. VIII.
t See before, in this chapter, p. 473.
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CHAPT. have royal jurisdiction here, shall have their lands seized to his VI. said lordship's use ; and whereas likewise the said lord Balti- 1654. more hath declared such as have not or shall not comply with his government to be rebells, which also is upon record; this as- sembly doth declare, that the said proclamation and declaration aforesaid made by the said lord Baltimore and recorded, is null and void, and of none effect to such intents and actions as are mentioned therein; and that act of recognition confirmed by the assembly and expressed in the act is firm against all or any such declaration."
After this declaration, the assembly appear to have concluded their busy session with the following "order," which does them much honour, as indicating, that, although they were bereft of gratitude, yet they had not abandoned all sense of justice.
"Order, that no suits commenced before the reduction of this province to the obedience of the commonwealth, shall receive damage by such alteration."
The cancelling of debts has sometimes operated as a spur to the zeal of revolutionists. Many of the leaders of even the American revolution have been accused, not without some plau- sible grounds of having been under the influence of such a mo- tive. Our Puritan revolution in Maryland, however, seems to have been clear of any such foul stain .*
1655. Governor Stone re- assumes his office and powers as gover- nor.
Our provincial records do not afford us any further information of the affairs of the province during the remainder of the year 1654, and it is expressly stated by a cotemporary author, that "after this assembly," (to wit, of October, 1654,) "the province was quiet, and so continued until the latter end of January; about which time, the ship Golden Fortune, whereof captain Til- man was commander, arrived in Maryland."t By this ship, captain Stone received, (through the information of a gentleman of the name of Eltonhead, who, as may be inferred from con- comitant circumstances, came as a passenger in the same ship, and was probably sent into the country by lord Baltimore,) in- telligence, "that the lord Baltimore kept his patent, and that his highness, (the lord proprietor) had neither taken the lord Balti- more's patent from him nor his land."}
* Such of the acts of this preceding session, as have been herein above stated, were taken from the book in the council chamber, entitled "Assembly Proceed- ings from 1637 to 1658," p. 439 to 474.
t Leonard Strong's pamphlet, entitled, "Babylon's Fall in Maryland," &c.
# Dr. Barber's letter inserted in Langford's "Refutation of Babylon's Fall, &c. and at the end of this volume in note (LXXXV.)
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It would seem also, that a letter or written instructions came CHAPT. also by this ship to governor Stone from the lord Baltimore VI. himself. But, as they are not now extant, their contents can- 1655. not be here stated with certainty. It appears, however, that the "letter" alluded to by the agents of Virginia, (Bennett and Matthews,) in the state-paper, presented to them by the lord protector in 1656, entitled, "A breriat of the proceedings of the lord Baltimore and his officers, &c., in Maryland," &c., was most probably now received by captain Stone. In this paper, it is stated, that-"The lord Baltimore in his last letter to cap- tain Stone doth blame him for resigning up his government into the hands of the lord protector and commonwealth of England, without striking one stroke;" (alluding evidently to the resigna- tion of the government of the province by captain Stone in July last,) "taxing him in effect with cowardice, that having so many men in arms, he would not oppose, saying, that Bennett and Clayborne durst as well have been hanged, as have opposed; or to that effect."* In either "paper relating to Maryland," of the same year, these agents seem to refer more expressly to some instructions, now received by captain Stone from lord Baltimore, as the operating inducements with the former to make some en- deavours to recover back the proprietary government. They say,-"Concerning the late insurrection and blood spilt on the 25th of March, 1655, it appears, and hath been proved, that cap- tain Stone being reproved by the lord Baltimore for resigning without striking a stroke, having so many in arms, and the com- mission given to captain Barber to reduce the people to lord Bal- timore, in case captain Stone would not, the said captain Stone was hereby stirred and induced to attempt the said insurrection and rebellion."t Thus encouraged and instigated by the lord proprietary, as the case might have been, to attempt the recovery of the proprietary government, captain Stone now reassumed
* If lord Baltimore was a royalist at this time and a friend to the restoration of Charles the second, of which no evidence appears, he might have been induced to write in this tone to his governor of Maryland by the extraordinary hopes, which the cavaliers or true friends of Charles entertained soon after Cromwell's usurpation of the protectorate, from the uncommon enmity, which that usurpa- tion apparently excited among all the parties against Cromwell. Hence, the "rising" in the west of England by the unfortunate colonel Penruddock and others in 1655. So lord Baltimore might have supposed, that now also was the time for him to regain his government of the province.
i See these two papers, in note (LXXXVIII ) at the end of this volume,
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CHAPT. his office of governor, acting as is said, "under his former com- VI. mission."*
1655. Organizes a military force.
In virtue of his official authority, governor Stone proceeded to issue military commissions to officers, and to organize an armed force in the county of St. Mary's, for the purpose of taking possession of the government. Of these he dispatched a party to the house of Mr. Richard Preston, situated on or near the river Patuxent, where the provincial records had been depo- sited on the revolution in July last, as before stated, and caused them to be seized and brought to St. Mary's.} On the informa- tion of this seizure of the records, arriving at Providence, (now Annapolis,) captain Fuller and his council, in whom the go- vernment of the province had been vested, as before stated, sent two messengers with letters to captain Stone, "in a way of peace and love," desiring him to make it known by what power he surprised the records, and desiring an answer thereto. Captain Stone, it seems, thought it proper to return only a verbal an- swer, to wit, that "he would shew no power; but, he affirmed,
* Dr. Barber's letter, in note (LXXXV.) at the end of this volume.
t The above statement seems to be the substance of what is said on this subject by Mr. Leonard Strong, in his Babylon's Fall," &c. But, although his pam- phlet is evidently the ebulliton of strong party prejudice, yet the reader's curi- osity may perhaps receive some gratification by the writer's own words. "Then (that is, on the arrival of the news by the Golden Fortune,) the lord Baltimore's officers, and the popish party began to divulge abroad, and boast much of power, which came in that ship from his highness the lord protector, to confirm the lord Baltimore's patent to him, and to re-establish his officers in their former places under him; which pretended power they assumed to themselves; captain Stone and the rest giving out threatening speeches, That now the rebels at Patuxent and Severne should know that he was governor again ; giving order, That nei- ther act of the said assembly should be observed, nor writ from the power estab- lished by the commissioners aforesaid obeyed,"-(to wit, writs in the name of captain Fuller and others, to whom Bennett and Clayborne had committed the powers of government, as before cited,) "but what should issue forth in the name of the lord proprietary, viz. lord Baltimore. And further, the said captain Stone gave several commissions to the papists and other desperate and bloody fellows, to muster and raise men in arms to be ready upon all occasions, giving out that he would go to Patuxent and seize the records of the province at the place where they were appointed to be kept by an act of the assembly, and to ap- prehend Mr. Richard Preston also, at whose house they were ; which shortly was effected by virtue of a warrant in captain Stone's name, without proclaiming or shewing any power by which he acted such high robberies. But in threatening speeches declared, that they would have the government; and for the terror of others, would hang some of the commissioners, which were entrusted with the government by the commissioners of the commonwealth of England, under his highness the lord protector, namely captain William Fuller, Mr. Richard Pres- ton, and Mr. William Durand."
se th it e
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that he acted by a power from lord Baltimore; and that the lord CHAPT. protector had confirmed the lord Baltimore's power." The mes- VI sengers were thereupon dismissed and went home .* Soon after 1655. this, governor Stone issued a proclamation, for the purpose, as it would appear, of quieting the minds of the people of Patux- ent, on his reassuming the government of the province, and his seizure of the records, protesting therein, that it was not his in- tention to use any hostile proceedings either against them or the people at Providence.t As Mr. Preston's house on the Patux- ent had been used, since July last, as the seat of government for the province, where the provincial records had been kept, a con- siderable quantity of arms and ammunition, as it appears, had been there also deposited. Governor Stone, as a further pre- cautionary measure, thought it proper to secure these arms and ammunition, and accordingly sent an armed party of twenty men for that purpose, under the command of William Eltonhead and Josias Fendal. They seized upon such arms, &c., as they could find, not only in Preston's house,¿ but in others in the neigh- bourhood, which, it is stated, they searched; and brought the
* The words of Mr. Strong, in his "Babylon's Fall," &c., may again be quo- ted :- "About this time," (that is, on the seizure of the records, ) "captain Wil- liam Fuller, Mr. William Durand, Mr. Leonard Strong," (the author himself, ) "and Mr, Richard Ewen, to whom among others the government was committed, sent two messengers of quality and trust with letters to captain Stone, in a way of peace and love; desiring him to make it known by what power he surprised the records ; and desiring him, the said captain Stone, to give an answer, as by the letter, relation thereunto being had, more at large appeareth : But the said captain Stone, instead of giving a satisfactory answer, imprisoned the messen- gers, and, in much wrath and fury, said he would shew no power : at last he af- firmed, that he acted by a power from lord Baltimore ; and that the lord protec- tor had confirmed the lord Baltimore's power. If so, sir, said one of the mes- sengers, if it be confirmed, let that appear, and it will satisfie. Confirmed, said captain Stone, I'll confirm it; and so sent them home." This wears very much the appearance of a prejudiced and coloured statement, and, therefore, has been followed above with caution. It is probable, that the messengers were put un- der some restraint, and prevented from mixing with the people of St. Mary's, and from prying into the proceedings of the proprietary government, and for that purpose might have been put under confinement for the time they staid at St. Mary's. The letter from captain Fuller and his council to governor Stone, above referred to, does not appear to be now extant.
t This proclamation does not appear to be now extant, but is so stated as above by Mr. Strong.
į Mr. Strong's words are,-"They beset and entered the house of Mr. Rich- ard Preston, with intent to surprise him ; but not finding him at home, took away in guns, swords, and ammunition to the value of £30 sterling ; ransacked every place in and about the house, to seek for the said Richard Preston ; and, as some of the company then said, with purpose to hang him for his rebellion against the lord Baltimore."
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| CHAPT. same to St. Mary's, carrying with them Mr. John Sutton, who VI. had been appointed deputy clerk, "to attend the records, for any that should have occasion to use them, either for search or copy ;' 1655. as also lieutenant Peter Johnson. These were detained prison- ers, as is alleged, for about twenty days.
And marches towards
Soon after these transactions, governor Stone began to make preparations for reducing the Puritans of Ann Arundel to a sub- the Severn. mission and obedience to lord Baltimore's government. Having collected together and armed about two hundred of the yeomanry of St. Mary's county, who were willing to follow him, he sat out with this his little army, about the twentieth of March, 1654, O. S., towards Providence, now Ann Arundel. He had collected also about eleven or twelve vessels, probably such as are now called bay-craft, for the transportation of some of his forces, part of them marching along the bay coast, and the vessels serving to ferry them across the mouths of the rivers.
Before they had arrived at Herring creek, (sometimes called Herring bay,) in Ann Arundel county, they were met by messen- gers in a boat, who had been sent by the government at Provi- dence with a letter to captain Stone, remonstrating against his proceedings, and desiring to be informed, not only of his au- thority and power in so doing, but whether "he were resolved to come to no parley or treaty, protesting in the said writing, that by the help of God, they were resolved to commit them- selves into the hand of God, and rather die like men, than live like slaves."* No answer to this message appears to have been given by governor Stone ; as may be inferred from the circum- stance, stated by the same author, that "these messengers were apprehended, and their boat seized ;" but three, out of the six persons on board the boat, contrived to make their escape, and carried back to the government at Providence the intelligence, that captain Stone and his army were on their march towards them in hostile array. On the arrival of governor Stone and his army at Herring creek, they found there, it seems, one of the commissioners, to whom the government had been entrusted in July last by Bennett and Clayborne. This gentleman they caused to be kept under guard or in custody ;} and either at this
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