Part 681

"Among those who had become interested in the London or Virginia, Company, under its second charter, in 1609, was Sir George Calvert, afterwards the founder of Maryland. … Upon the dissolution of the Virginia Company … he was named by the king one of the royal commissioners to whom the government of that colony was confided. Hitherto he had been a Protestant, but in 1624, having become unsettled in his religious convictions, he renounced the church of England, in which he had been bred, and embraced the faith of the Catholic church. Moved by conscientious scruples, he determined no longer to hold the office of secretary of state [conferred on him in 1619], which would make him, in a manner, the instrument of persecution against those whose faith he had adopted, and tendered his resignation to the king. … The king, … while he accepted his resignation, continued him as a member of his privy council for life, and soon after created him Lord Baltimore, of Baltimore, in Ireland. The spirit of intolerance at that time pervaded England. … The laws against the Catholics in England were particularly severe and cruel, and rendered it impossible for any man to practice his religion in quiet and safety. Sir George Calvert felt this; and although he was assured of protection from the gratitude and affection of the king, he determined to seek another land and to found a new state, where conscience should be free and every man might worship God according to his own heart, in peace and perfect security. … At first he fixed his eyes on New-found-land, in the settlement of which he had been interested before his conversion. … Having purchased a ship, he sailed with his family to that island, in which, a few years before, he had obtained a grant of a province under the name of Avalon. Here he only resided two years [see NEWFOUNDLAND: A. D. 1610-1655], when he found the climate and soil unsuited for the establishment of a flourishing community, and determined to seek a more genial country in the south. Accordingly, in 1628, he sailed to Virginia, with the intention of settling in the limits of that colony, or more probably to explore the uninhabited country on its borders, in order to secure a grant of it from the king. Upon his arrival within the jurisdiction of the colony, the authorities tendered him the oaths of allegiance and supremacy, to which, as then framed, no Catholic could subscribe. Lord Baltimore refused to take them, but prepared a form of an oath of allegiance which he and all his followers were willing to accept. His proposal was rejected, and being compelled to leave their waters, he explored the Chesapeake above the settlements. He was pleased with the beautiful and well wooded country, which surrounded the noble inlets and indentations of the great bay, and determined there to found his principality. … He returned to England to obtain a grant from Charles I, who had succeeded his father, James I, upon the throne. Remembering his services to his father, and perhaps moved by the intercessions of Henrietta Maria, his Catholic queen, who desired to secure an asylum abroad for the persecuted members of her church in England, Charles directed the patent to be issued. It was prepared by Lord Baltimore himself; but before it was finally executed that truly great and good, man died, and the patent was delivered to his son Cecilius, who succeeded as well to his noble designs as to his titles and estates. The charter was issued on the 20th of June, 1632, and the new province, in honor of Queen Henrietta Maria, was named 'Terra Mariæ'—Maryland."

_J. McSherry, History of Maryland, introduction._

"The boundaries of Maryland, unlike those of the other colonies, were precisely defined. Its limits were: on the north, the fortieth parallel of north latitude; on the west and southwest, a line running south from this parallel to the farthest source of the Potomac, and thence by the farther or western bank of that river to Chesapeake Bay; on the south by a line running across the bay and peninsula to the Atlantic; and on the east by the ocean and the Delaware Bay and River. It included, therefore, all the present State of Delaware, a large tract of land now forming part of Pennsylvania, and another now occupied and claimed by West Virginia. The charter of Maryland contained the most ample rights and privileges ever conferred by a sovereign of England. It erected Maryland into a palatinate, equivalent to a principality, reserving only the feudal supremacy of the crown. The Proprietary was made absolute lord of the land and water within his boundaries, could erect towns, cities, and ports, make war or peace, call the whole fighting population to arms, and declare martial law, levy tolls and duties, establish courts of justice, appoint judges, magistrates, and other civil officers, execute the laws, and pardon offenders. He could erect manors with courts-baron and courts-leet, and confer titles and dignities, so that they differed from those of England. He could make laws with the assent of the freemen of the province, and, in cases of emergency, ordinances not impairing life, limb, or property, without their assent. He could found churches and chapels, have them consecrated according to the ecclesiastical laws of England, and appoint the incumbents. All this territory, with these royal rights, 'jura regalia,' was to be held of the crown in free socage, by the delivery of two Indian arrows yearly at the palace of Windsor, and the fifth of all gold or silver mined. The colonists and their descendants were to remain English subjects. … {2092} The King furthermore bound himself and his successors to lay no taxes, customs, subsidies, or contributions whatever upon the people of the province. … This charter, by which Maryland was virtually an independent and self-governed community, placed the destinies of the colonists in their own hands. … Though often attacked, and at times held in abeyance, the charter was never revoked."

_W. H. Browne, Maryland, chapter 2._

The intention to create a palatine principality in Maryland is distinctly expressed in the fourth section of the charter, which grants to Lord Baltimore, his heirs and assigns, "as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and royal rights … as any bishop of Durham, within the bishoprick or county palatine of Durham, in our kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of right could, or ought to have, held, use, or enjoy."

_J. L. Bozman, History of Maryland, volume 2, page. 11. _

ALSO IN: _H. W. Preston, Documents Illustrative of American History, page 62._

MARYLAND: A. D. 1633-1637. The planting of the colony at St. Mary's.

"Cecil, Lord Baltimore, after receiving his charter for Maryland, in June, 1632, prepared to carry out his father's plans. Terms of settlement were issued to attract colonists, and a body of emigrants was soon collected to begin the foundation of the new province. The leading gentlemen who were induced to take part in the project were Catholics; those whom they took out to till the soil, or ply various trades, were not all or, indeed, mainly Catholics, but they could not have been very strongly Protestant to embark in a venture so absolutely under Catholic control. At Avalon Sir George Calvert, anxious for the religious life of his colonists, had taken over both Catholic and Protestant clergymen, and was ill repaid for his liberal conduct. To avoid a similar ground of reproach, Baron Cecil left each part of his colonists free to take their own clergymen. It is a significant fact that the Protestant portion were so indifferent that they neither took over any minister of religion, nor for several years after Maryland settlements began made any attempt to procure one. On behalf of the Catholic settlers, Lord Baltimore applied to Father Richard Blount, at that time provincial of the Jesuits in England, and wrote to the General of the Society, at Rome, to excite their zeal in behalf of the English Catholics who were about to proceed to Maryland. He could offer the clergy no support. … The Jesuits did not shrink from a mission field where they were to look for no support from the proprietary or their flock, and were to live amid dangers. It was decided that two Fathers were to go as gentlemen adventurers, taking artisans with them, and acquiring lands like others, from which they were to draw their support. … The Maryland pilgrims under Leonard Calvert, brother of the lord proprietary, consisted of his brother George, some 20 other gentlemen, and 200 laboring men well provided. To convey these to the land of Mary, Lord Baltimore had his own pinnace, the Dove, of 50 tons, commanded by Robert Winter, and the Ark, a chartered vessel of 350 tons burthen, Richard Lowe being captain. Leonard Calvert was appointed governor, Jerome Hawley and Thomas Cornwaleys being joined in the commission." After many malicious hindrances and delays, the two vessels sailed from Cowes, November 22, 1633, and made their voyage in safety, though encountering heavy storms. They came to anchor in Chesapeake Bay, near one of the Heron Islands, which they named St. Clement; and on that island they raised a cross and celebrated mass. "Catholicity thus planted her cross and her altar in the heart of the English colonies in America, March 25, 1634. The land was consecrated, and then preparations were made to select a spot for the settlement. Leaving Father White at St. Clement's, the governor, with Father Altham, ran up the river in a pinnace, and at Potomac on the southern shore met Archihau, regent of the powerful tribe that held sway over that part of the land." Having won the goodwill of the savages, "Leonard Calvert sailed back to Saint Clement's. Then the pilgrims entered the Saint Mary's, a bold, broad stream, emptying into the Potomac about 12 miles from its mouth. For the first settlement of the new province, Leonard Calvert, who had landed, selected a spot a short distance above, about a mile from the eastern shore of the river. Here stood an Indian town, whose inhabitants, harassed by the Susquehannas, had already begun to emigrate to the westward. To observe strict justice with the Indian tribes, Calvert purchased from the werowance, or king, Yaocomoco, 30 miles of territory. The Indians gradually gave up some of their houses to the colonists, agreeing to leave the rest also after they had gathered in their harvest. … The new settlement began with Catholic and Protestant dwelling together in harmony, neither attempting to interfere with the religious rights of the other, 'and religious liberty obtained a home, its only home in the wide world, at the humble village which bore the name of St. Mary's' [Bancroft, i, 247]. … The settlers were soon at work. Houses for their use were erected, crops were planted, activity and industry prevailed. St. Mary's chapel was dedicated to the worship of Almighty God, and near it a fort stood, ready to protect the settlers. It was required by the fact that Clayborne [a trading adventurer and a member of the Virginia Council], the fanatical enemy of Lord Baltimore and his Catholic projects, who had already settled on Kent Island, was exciting the Indians against the colonists of Maryland. The little community gave the priests a field too limited for their zeal. … The Indian tribes were to be reached. … Another priest, with a lay brother, came to share their labors before the close of the year 1635; and the next year four priests were reported as the number assigned to the Maryland mission. Of their early labors no record is preserved. … Sickness prevailed in the colony, and the missionaries did not escape. Within two months after his arrival Father Knolles, a talented young priest of much hope, sank a victim to the climate, and Brother Gervase, one of the original band of settlers, also died. … Lord Baltimore's scheme embraced not only religious but legislative freedom, and his charter provided for a colonial assembly. … In less than three years an assembly of the freemen of the little colony was convened and opened its sessions on the 25-26th of January, 1637. All who had taken up lands were summoned to attend in person." Some of the resulting legislation was disapproved by the missionaries, and "the variance of opinion was most unfortunate in its results to the colony, as impairing the harmony which had hitherto prevailed."

_J. G. Shea, The Catholic Church in Colonial Days, chapter 2._

ALSO IN: _J. L. Bozman, History of Maryland, chapter 1_

_W. H. Browne, George Calvert and Cecilius Calvert, chapters 3-4._

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MARYLAND: A. D. 1634. Embraced in the palatine grant of New Albion.

See NEW ALBION.

MARYLAND: A. D. 1635-1638. The troubles with Clayborne.

William Clayborne "was the person most aggrieved by the Maryland charter. Under a general license from Charles I. to trade, he had established a lucrative post on Kent Island. The King, as he had unquestioned right to do under the theory of English law, granted to Lord Baltimore a certain tract of wild land, including Kent Island. Clayborne had no legal right there except as the subject of Baltimore; but, since his real injuries coincided with the fancied ones of the Virginians generally, his claim assumed importance. … There was … so strong a feeling in favor of Clayborne in Virginia that he was soon able to send an armed pinnace up the Chesapeake to defend his invaded rights at Kent Island, but the expedition was unfortunate. Governor Calvert, after a sharp encounter, captured Clayborne's pinnace, and proclaimed its owner a rebel. Calvert then demanded that the author of this trouble should be given up by Virginia; but Harvey [the governor], who had been in difficulties himself on account of his lukewarmness toward Clayborne, refused to comply. Clayborne, however, solved the problem in his own way, by going at once to England to attack his enemies in their stronghold. … On his arrival in England he … presented a petition to the King, and by adroitly working on the cupidity of Charles, not only came near recovering Kent Island, but almost obtained a large grant besides. After involving Lord Baltimore in a good deal of litigation, Clayborne was obliged, by an adverse decision of the Lords Commissioners of Plantations, to abandon all hopes in England, and therefore withdrew to Virginia to wait for better times."

_H. C. Lodge, Short History of the English Colonies in America, chapter 3._

ALSO IN: _J. L. Bozman, History of Maryland, volume 2, chapter 1._

MARYLAND: A. D. 1643-1649. Colonial disturbances from the English Civil War. Lord Baltimore and the Puritans.

The struggle of parties incident to the overthrow of the monarchy and the civil war, in England, was attended in Maryland "with a degree of violence disproportionate to its substantial results. It is difficult to fasten the blame of the first attack definitely on either party. In 1643 or 1644 the King gave letters of marque to Leonard Calvert commissioning him to seize upon all ships belonging to the Parliament. It would seem, however, as if the other side had begun to be active, since only three months later we find the Governor issuing a proclamation for the arrest of Richard Ingle, a sea-captain, apparently a Puritan and an ally of Clayborne. … Ingle … landed at St. Mary's [1645], while Clayborne at the same time made a fresh attempt upon Kent Island. Later events showed that under a resolute leader the Maryland Royalists were capable of a determined resistance, but now either no such leader was forthcoming, or the party was taken by surprise. Cornwallis, who seems to have been the most energetic man in the colony, was absent in England, and Leonard Calvert fled into Virginia, apparently without an effort to maintain his authority. Ingle and his followers landed and seized upon St. Mary's, took possession of the government, and plundered Cornwallis's house and goods to the value of £300. Their success was short-lived. Calvert returned, rallied his party, and ejected Clayborne and Ingle. The Parliament made no attempt to back the proceedings of its supporters, and the matter dwindled into a petty dispute between Ingle and Cornwallis, in which the latter obtained at least some redress for his losses. The Isle of Kent held out somewhat longer, but in the course of the next year it was brought back to its allegiance. This event was followed in less than a twelvemonth by the death of the Governor [June 9, 1647]. Baltimore now began to see that in the existing position of parties he must choose between his fidelity to a fallen cause and his position as the Proprietor of Maryland. As early as 1642 we find him warning the Roman Catholic priests in his colony that they must expect no privileges beyond those which they would enjoy in England. He now showed his anxiety to propitiate the rising powers by his choice of a successor to his brother. The new Governor, William Stone, was a Protestant. The Council was also reconstituted and only two Papists appeared among its members. … Furthermore he [Lord Baltimore] exacted from Stone an oath that he would not molest any persons on the ground of their religion, provided they accepted the fundamental dogmas of Christianity. The Roman Catholics were singled out as the special objects of this protection, though we may reasonably suppose that it was also intended to check religious dissensions. So far Baltimore only acted like a prudent, unenthusiastic man, who was willing to make the best of a defeat and save what he could out of it by a seemingly free sacrifice of what was already lost. … The internal condition of the colony had now been substantially changed since the failure of Ingle and Clayborne. The Puritan party there had received an important addition. … A number of Nonconformists had made an attempt to establish themselves on the shores of the Chesapeake Bay. … The toleration which was denied them by the rigid and narrow-minded Anglicanism of Virginia was conceded by the liberality or the indifference of Baltimore. The precise date and manner of their immigration cannot be discovered, but we know that by 1650 their settlement was important enough to be made into a separate county under the name of Ann Arundel, and by 1653 they formed two distinct communities, numbering between them close upon 140 householders. All that was required of them was an oath of fidelity to the Proprietor, and it seems doubtful whether even that was exacted at the outset. They seem, in the unsettled and anarchical condition of the colony, to have been allowed to form a separate and well-nigh independent body, holding political views openly at variance with those of the Proprietor. To what extent the settlers on the Isle of Kent were avowedly hostile to Baltimore's government is doubtful. But it is clear that discontent was rife among them, and that in conjunction with the new-comers they made up a formidable body, prepared to oppose the Proprietor and support the Parliament. Symptoms of internal disaffection were seen in the proceedings of the Assembly of 1649."

_J. A. Doyle, The English in America: Virginia, Maryland, &c., chapter 10._

ALSO IN: _G. P. Fisher, The Colonial Era, chapter 5._

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MARYLAND: A. D. 1649. The Act of Toleration.

Religious liberty was a vital part of the earliest common-law of the province. At the date of the charter, Toleration existed in the heart of the proprietary. And it appeared in the earliest administration of the affairs of the province. But an oath was soon prepared by him, including a pledge from the governor and the privy counsellors, 'directly or indirectly' to 'trouble, molest, or discountenance' no 'person whatever,' in the province, 'professing to believe in Jesus Christ.' Its date is still an open question—some writers supposing it was imposed in 1637; and others, in 1648. I am inclined to think the oath of the latter was but 'an augmented edition' of the one in the former year. The grant of the charter marks the era of a special Toleration. But the earliest practice of the government presents the first, the official oath the second, the action of the Assembly in 1649 the third, and to advocates of a republican government the most important phasis, in the history of the general Toleration. … To the legislators of 1649 was it given … to take their own rank among the foremost spirits of the age. Near the close of the session, … by a solemn act [the 'Act Concerning Religion'], they endorsed that policy which ever since has shed the brightest lustre upon the legislative annals of the province. … The design was five-fold:—to guard by an express penalty 'the most sacred things of God'; to inculcate the principle of religious decency and order; to establish, upon a firmer basis, the harmony already existing between the colonists; to secure, in the fullest sense, freedom as well as protection to all believers in Christianity; and to protect quiet disbelievers against every sort of reproach or ignominy."

_G. L. Davis, The Daystar of American Freedom, chapters 4-7._

"In the wording of this act we see evident marks of a compromise between the differing sentiments in the Assembly. … It was as good a compromise as could be made at the time, and an immense advance upon the principles and practice of the age. In reality, it simply formulated in a statute what had been Baltimore's policy from the first. … From the foundation of the colony no man was molested under Baltimore's rule on account of religion. Whenever the Proprietary's power was overthrown, religious persecution began, and was checked so soon as he was reinstated."

_W. H. Browne, Maryland, chapter 4._

ALSO IN: _W. H. Browne, George Calvert and Cecilius Calvert, chapter 8._

MARYLAND: A. D. 1650-1675. In Puritan times, and after.