fa / Religious History of Maryland. mwm SOT A ROMlbCAiyOLIC COLON!, Religious Toleration not an Act of Roman Catholic Legislation. The Substance of a Lecture delivered before the Guild of "Alt aints Church," Baltimore, * f BY THE REV. B. F. BROWN, L Auil riihlishedby Request. •• / () . i OF Cd/v^ U. S, A I! A L T I M O R E : INNES &. CO., BOOK PRINTERS. 1876. .381 Maryland Never a Roman Catholic Colony. The perversions of history which come before us with all the assurance of truth, are both hurtful and difticult of correction. They mislead successive generations, deceiving their judgment and shaping their action. Tradition and myth form a large part of what men call history; and human selfishness, credulity, and preju- dice, transmute them into the solidity of well-accredited facts. No sphere of human thought is so prolific of such misleading as the religious history of individuals and nations. Often the opinion of many generations respecting some historical character or action is utterly away from the truth ; because ignorance or prejudice has misstated the facts of the case ; and most persons are content to accept the current view, without questioning its accuracy. In this way history is manufactured from falsehood or fancy, while frequent and confident repetition of the same lie will often silence the timid remonstrant, and confirm in error the doubtful questioner. The good people of Maryland, in common with a large part of our whole nation, and thinking people everywhere, have been accus- tomed to receive, as an unquestionable fact, an assertion respecting the early history of Maryland, its settlement and government, which has no foundation in point of fact; yet has been used to mislead the ignorant, and silence the honest inquirer after truth. The error in question has been incorporated into our school-books, asserted in our newspapers, reiterated by politicians, in the interest of partisan discussion, and preached from pulpit and rostrum, until nearly our whole people give it credence, and regard the man who would call it in question as either wanting in knowledge, or blinded by prejudice. Every intelligent person who has passed the age of childhood has, in some form, met the statement that our good old State of Mary- land was first settled by Roman Catholics, and that on her soil, under the government of a Roman Catholic Proprietor, and by the free act of a Roman Catholic Legislature, the grand principle of 4 MARYLAND NEVER A ROMAN CATHOLIC COLONY. freedom to religious opinion and worship was first enunciated. In different forms of statement, embellished by all the arts of the rhetorician, and enforced by the cunning of the politician and the zeal of the propagandist, this dream of the imagination has been put forth as fact, to refute the charge of intolerance which all history sustains against the Roman religion, and to show that intolerance and persecution are not essenticd attributes of a govern- ment loyal to the Papacy. My present purpose is to present the facts of our colonial history, and elucidate their bearing upon this great question. There is just enough of the semblance of truth in the popular idea of our colonial origin to make the deception of those who will not, or cannot, study the real facts in the case, complete. We pro- pose to develop these facts, in such forms as will show that there is not the first element of truth in the claim, that a Roman Catholic Proprietor, and a Roman Catholic Legislature, of their own will and generosity, made a law giving liberty and equality to all, for the exercise of their religious opinions and worship, and protecting them in the same. This is the substance of the popular statement of the matter ; otherwise it would have no force as an argument and illustration in the discussion between Romanists and Protes- tants ; and on the question of the safety of religious liberty in our country, in the event of a Roman Catholic majority, throwing the control of the Grovernment into their hands. To make good the popular view relative to the policy of religious toleration which characterized Lord Baltimore's administration, it must be proven, j^rs^, that he had the legal right under his charter, and under the laws of England, to restrict or exclude the Protestant religion and worship, and make his own faith and church — the Roman Catholic — the sole religion of the colony. Unless Lord Baltimore had this power, both under the general laws of England and by the privileges of his charter, the whole claim of a broad and tolerant policy for Baltimore and his Catholic Legislature falls to the ground. I assert that Lord Baltimore had no such power conferred by his charter ; nor had the King of England, who gave him the charter, any right or power to vest him with such a prerogative, even had he designed to do so. Lord Baltimore did not exclude Protestants from his Maryland colony, restrict them in the exercise of their re- MARYLAND NEVER A ROMAN CATHOLIC COLONY. 5 ligion, nor set up a Roman Catholic establishment. He did neither one nor the other, hecause he had neither the right nor the power to do so. If I can make good this position, then the boasted Toleration Act proves nothing for the purpose to which it is con- tinually alleged, and the claim appears as an unfounded assump- tion. No one, I presume, will question that England was, at the time, a Protestant nation, and that the Protestant religion was established by law, to the entire exclusion of the Roman worship. Wc are to look at the constitution and laws of England to enable us to interpret Lord Baltimore's charter correctly. Here we shall find what this charter, from an English king sworn to support the laws and institutions of the nation, gave Baltimore authority to do. and also what, under the English law, he had no authority to do. When an English King or an English Parliament, in legal acts or language, speaks of Holy Church and of the True Christian Re- ligion, the sense is clear, as meaning the church and religion estab- lished and protected by the law of the land. Such allusions mean neither Romanism on the one side; nor Protestant Dissent on the other. At the very time when Lord Baltimore obtained his Mary- land charter, the law of England opposed, and sought to repress, both Roman and Protestant dissent; while it protected and sought to extend the faith and worship of the Established Church throuo-h all the English dominion at home and abroad. Holy Church and u the True Christian Religion could not mean the Roman Catholic Church : for against it the law and government protested. The great mass of the English nation rejected the Roman religion ; and so keenly alive were both Parliament and people to the memory of the Smithfield fires of the Bloody Mary and the Papal Bishops, that they sought to guard against the recurrence of such a danger, by a rigorous exclusion of all Roman clergy from the kingdom of England. The English people had not forgotten that only seventy- three years before, Pope Paul the Fourth forbade Elizabeth to ascend the throne of England until she submitted her pretensions to him, and declared England to be a fief of the Apostolic See. They still remembered that Pius the Fifth, eleven years later, issued a bull against Elizabeth when she had been eleven years England's glorious Queen, declaring her a "pretended Queen of England," absolving all her subjects from allegiance to her, and cursing all who adhered to her as excommunicate heretics. Only fifty years 6 MARYLAND NEVER A ROMAN CATHOLIC COLONY. before, the ''invincible" Armada of Spain, with the blessing of the Pope, hovered around the shores of England, commissioned by the Pastor Pastorum to convert by the gentle appliances of rack and stake the heretic English to the true faith, and win them back to the loving embrace of the Holy Father. Only thirty years before, the Gunpowder Plot sought to destroy the government by blowing up King, Lords and Commons, when assembled in Parliament. These events all conspired to beget in the English nation such an intense hatred to Roman Catholicism, as dangerous to the peace and liberty of tlie realm, that Parliament, under Elizabeth and James, passed severe repressive laws against the public exercise of the Roman Catholic religion, forbade the entrance of Romish priests within the kingdom, and compelled the English Romanist to attend the public worship of the English Church, under the penalty of twenty pounds per month. Such was the state of the public mind •- of the nation, and such were the laws of England, at the time Lord Baltimore obtained his charter for the territory of Maryland from King Charles. We mention these things not to approve them, but as showing the state of the English mind, and the laws of the realm, relative to the Roman Catholic Church ; and as proving beyond question our assertion, that under the English law, and by the terras of his charter. Lord Baltimore had neither right nor power to restrict the full liberty of the Protestant laith and worship of the realm of England, or to set up a Roman Catholic establishment, as the religion of his colony. We will now review the terms of the chaiter, and see how they accord with the position we have taken. The terms Catholic or 7 Protestant do not occur in the charter ; nor anything equivalent to the narrower and more technical sense in which they are commonly used. But there are terras in the charter which, interpreted as they must be, in the sense of the constitution and laws of the realm, put the legal meaning of the charter, in all that pertains to ecclesias- tical matters, beyond question. The fourtli section of the charter provided that — " the patronages and advowsons of all churches which (with the increasing worship and religion of Christ) within the said region, islands, islets and limits aforesaid here- after shall happen to be built; together with license and faculty of erecting and founding cliurches, chapels and places of worship in convenient and suitable places within the premises, and of causing the same to be dedicated and consecrated accord- ing to the ecclesiastical laws of our kingdom of England." MARYLAND NEVER A ROMAN CATHOLIC COLONY. 7 Now, the ecclesiastical laws of the kingdom of England made no provisions for the consecration of Romish or dissenting churches or chapels ; and when the charter speaks of churches and chapels to arise within the Maryland colony which are to be consecrated " ac- cording to the ecclesiastical laws of the kingdom of England," it is speaking in the sense of English law, and plainly means such churches and chapels as were provided for by the laws of the kingdom. We must not imagine so absurd a thing, as that the King of England would grant to a subject a charter investing him with the right to set up, in a distant province of the empire, a hostile religion, with exclusive power, whose very existence and worship were forbidden by the laws of England. The presentation to the churches of the Province was in the Proprietor; but with the restriction that every church within the province, if consecrated at all, was consecrated by the Bishop of London or his Commissary, according to the laws of the English Church. The tenth section of the charter provides and commands that the Province of Maryland, while given to Lord Baltimore, with unusually large and full proprietary rights, shall yet be ever regarded as a ])art of the empire, owing allegiance to and under its protection. We quote in fall the explicit language of this section : " We will also, out of our abuudaut grace, for us, our heirs aud successors, do firmly charge, constitute, ordain aud command, that the said province be of our alle- giance ; and that all and singular the sutijects aud liege-men of us, our heirs aud suc- cessors, transplanted or hereafter to be transplanted, into the province aforesaid, and the children of them, and of others tiiclr descendants, whetlier already born there or hereafter to be born, be aud shall be liege-men of us, our heirs aud successors of our Kingdom of England and Ireland ; and in all things shall be held, treated, reputed aud esteemed as tlie faitliful licge-men of us, and our liciis and successors, born within our Kingdom of England; also lauds, tenements, revenues, services, aud other hereditaments whatsoever, wilhiu our Kingdom of England, and other our do- minions, to inherit, or otherwise purchase, receive, take, have, hold, buy aud possess, and the same to use and enjoy, and the same to give, sell, alien and bequeath ; and likewise all privileges, franchises, and liberties of this our Kingdom of England, freely, quietly, and peaceably to have and possess, and the same may use and enjoy in the same manner as our liege-men born, or to be born, within our said Kingdom of England, without impediment, molestation, vexation, impeachment, or grievance of us, or any of our heirs or su'icessois ; any statute, ordinance, or provision to the contrary thereof, notwithstanding." The ''privileges," "franchises" and ''liberties" of Englishmen were just such as the law gave them, no more, and no less. These 8 MARYLAND NEVER A ROMAN CATHOLIC COLONY. "franchises" were ecclesiastical as well as civil, the former defined by the ecclesiastical laws of the kingdom, as were the civil rights of Englishmen by their civil laws. They were to be the same in the Province as in England. Even had the King designed to give special privileges and powers to Lord Baltimore, in favor of the Roman Catholics of the Province, and to the limitation of the " privileges " and "liberties" of the Protestant members of the English Church, such design was rendered null and void by the very language of the charter. For this tenth section says : All privileges, franchises and liberties were to be the same in the Province as to those subjects of the. Crown in England, " any statute, act, ordinance, or provision to the contrary thereof notwith- standing." The seventh section gives to Lord Baltimore very large powers of making and administering laws in and for the Province, but at the close of the section throws a restriction around his power, in these respects, which limits it within the constitution and laws of the kingdom of England. This limitation is expressed in the words — "so nevertheless that the laws aforesaid be consonant to reason, and be not repng- • naut or contrary, but (so fsir as reasonably may be) agreeable to the laws, statutes, customs and rights of this our Kingdom of England." There is one more clause of the charter to which we would call attention as sustaining all we have said respecting its meaning. The government of Charles the First was perhaps as thoroughly personal as a constitutional government could be. He loved his favorites, and stuck to them, even to desperate extremities ; and Lord Baltimore stood high in the personal affection of Charles. That affection influenced the King in the grant of a charter, whose requirements, binder tlie English law, Lord Baltimore, as a conscien- tious Roman Catholic, could never fully carry out. Henrietta Maria, the daughter of the King of France and wife of King Charles, was a Roman Catholic, and Lord Baltimore was a convert to that faith. These intimate relations blinded the judgment of the King, as to the full extent of the difficulty and contradiction which the grant of such a charter to such a man involved. To the mind of the King, who, with all his imperfections of character, was loyal at heart to the Reformed Church of England ; in the sense of the English law, the "true Christian religion" was that MARYLAND NEVER A ROMAN CATHOLIC COLONY. 9 of the State and Church of England. In the mind and heart of Lord Baltimore, none but the Roman faith and obedience met that description. The last clause of the charter reveals both the warm personal affection of the King for Lord Baltimore, and, at the same time, his loyalty of heart to the faith and church of England. It seems indeed to imply an impression on the King's mind of future mis- understanding, as to the full meaning of the charter ; affecting Lord Baltimore's interest on the one side, and the integrity of the Church in the colony on the other. The last clause of the charter looks to both these, and gives the King's mind in respect to both. We give what is relative to the matter in full : "Aad if, pciud venture, hereafter it may liappea, that any doubts or questions sbould arise concerning the true sense and meaning of any word, clause or sentence contained in this our present Charter, we will charge and command that interpreta- tion lobe applied always and in all things, and in all our courts and judicatories whatsoever, to obtain which shall be judged to be the more beneficial, profitable and favorable to the aforesaid now Baron of Baltimore, his heirs and assigns ; provided always,i\\Vi.i no interpretation thereof be made whereby God's Holy and True Religion, or the allegiance due to us, or our heirs or successors, may in any wise sutfer by change, diminution or prejudice." The affection of Charles for Lord Baltimore prompted the grant of the charter ; his foresight of the possible attempt to build up a religion different and hostile to that of the nation, prompted this clause of that charter. The clause was well put in, when we remember that in the Papal judgment all religion outside of the Roman creed is heresy ; and all kings who do not obey the Pope are liable to be excommunicated and deposed. I think that I have now shown quite conclusively, from the state of the English nation, its laws relative to the Roman religion, and finally from the charter itself, that King Charles I. had no power or intention of conferring upon Lord Baltimore the prerogative to establish the Roman Catholic, and exclude or limit the reformed, religion from the Maryland colony. The claim, therefore, made for him is false, as a point of history ; and of no value to the cause in whose behalf it is paraded. I shall now attempt to show that all the circumstances in our early colonial history are against the assertion of Roman Catholic ascendancy in the colony, and that with such ascendancy. Lord Baltimore and a Roman Catholic Legis- lature granted toleration and equality to all Christians. 2 10 MARYLAND NEVER A ROMAN CATHOLIC COLONY. I said before that there is just enough of the semblance of truth in the fiction of Maryland's Catholicity, to mislead the popular raind. But, in reality, Maryland never was a Catholic colony. Her earliest settlement was Protestant, and at no period of her history were the majority of her people of the Roman faith. I make this statement deliberately, and rest for its proofs on the facts of the case. Bozman and Hazzard both tell us that the earliest settle- ment within the present territory of Maryland was made on Kent Island, in the years 1628 or '29, five or six years before Lord Balti- more's colony touched these shores. William Claiborne of Virginia obtained license from King Charles to explore the waters of the Chesapeake bay, and to establish posts for trading with the Indians anywhere within the bounds of the Virginia charter. Both Chalmers and McMahon testify to this point. The charter of Virginia embraced all the territory two hundred miles north and south of Old Point Comfort along the coast, including all the States of Maryland, Delaware, and one-third of New Jersey, and a good slice of Pennsylvania (Hazzard, vol. i. p. 73). In that colony the Church of England was established by law. A few words from the official documents of the times will show the policy of the English Government relative to matters of religion in her colonies. In the '•articles, orders and instructions" for the Virginia colony, issued November 20, 1606, occur these words : " We do specially ordaiu, charge and require the presidents and councils (of the two Virginia Colonies) respectively within their several limits and precincts, that they, with all care, diligence and respect, do provide that the true Word and Service of God and Christian faith be preached, and planted, and used," &c. What that true Word and Service of Grod — in the eye of the English law — was, is still more apparent in the words, " according to the doctrine, rites and religion now professed and established within our realm of England " (1 Henning, 69). From this colony of Virginia came William Claiborne, a man closely identified with the early history of Maryland. It has been the style of such as have written in the interest of the Catholic toleration theory, to abuse Claiborne, as an unprincipled disturber of the peace of the infant colony, and as a rebel against the right- ful authority of Lord Baltimore. In explanation of his relation to the Maryland colony, and to show what manner of man Claiborne MARYLAND NEVER A ROMAN CATHOLIC COLONY. 11 was, in the estimation of his king, and of the loyal Governors of Vir- ginia, we will present a few facts from the records of the times. From the time of the first issue of the Virginia charter to the year 1624, the aftairs of the colony were managed by the company from London ; hut then the charter was annulled by tlie King, and twelve persons were appointed to reside in the colony, and manage its affairs (1 Hazzard, 191-192). William Claiborne was one of the twelve. King James I. of England died in the year 1625, and was succeeded in the throne by his son Charles I. In the same year King Charles commissioned Sir George Yeardley, one of the Council, Governor, and William Claiborne, Secretary of State, of and for the colony and plantation of Virginia. The words of the commission say : "Forasmuch as the aflfairs of state in said colony and plantation may necessarily require some person of quality and trust to be employed as Secretary, . . . our will and pleasure is, and we do by these presents nominate and assign you, the said Wm. Claiborne, to be our Secretary of State ..." The ground of this appointment, as alleged in the King's com- mission, was the quality and irustivorthiness of the man (1 Hazzard, 233). When Gov. Yeardley died and Harvey succeeded, Claiborne continued Secretary of State — McMahon says, ''abundantly evi- dencins: the hig-h estimation in which he was then held." We make these quotations to show Claiborne's character and explain his future action. While Secretary of State for Virginia, Claiborne received from the Governors of Virginia — McMahon says "from the English government" — licenses to discover and establish in the Chesapeake Bay, and within the territory of Virginia, trading-posts from which he might carry on commerce with the Indians. From a petition made by him to King Charles in the year 1638 we learn that — " he discovered, and did then plant upon an Island in the great Bay of Chesapeake, in Virginia, and by them named Kent Island, which they bought of the kings of the country, aud built houses, transported cattle and settled people thereon, to their very great cost and charges" (2 Bozman, 582). The exact year of this settlement is not here stated, but in " Breviat of the proceedings of the Lord Baltimore " it is stated — "that the Island called Kent was seated aud peopled under the Virginian govern- ment, three or four years before the King's grant to him" (1 Hazzard, 638). 12 MARYLAND NEVER A ROMAN CATHOLIC COLONY. Baltimore's grant was made in 1632. Three or four years carry us back to 1628 or '9. William Claiborne in a lawful way dis- covered and purchased Kent Island, and took up the lands according to the custom of the colony at that time (Streeter's Maryland Two Hundred Years Ago). To show how completely organized was the settlement, we have the fact that burgesses from there sat in the Assembly of Virginia. The Virginia records show that there were, at first, about one hundred settlers under Claiborne on Kent Island. Their founder provided for their spiritual wants in the presence and ministration of the Rev. Richard James of the English Church. Surely in all this William Claiborne was acting in a very manly and honest way. But his rights on Kent Island have yet a firmer basis. In the year 1630, influenced perhaps by the knowledge tliat Lord Baltimore was about to apply for a grant of the Virginia lands, Claiborne applied to King Charles, and received from him a license still more explicit, and one whicli justified him in regarding that part of the territory as perraanentl}^ secured to himself and his settlers. This license is dated May 16, 1631, and runs thus : — "These are to license and autliorize you, the said William Claiborne, one of the Council, and the Secretary of the Stale, for our Colony of Virginia, his associates and company, freely and without molestation, from time to time to trade for corn, furs, &c., with their ships, boats, men and merchandise, in all seas, coasts, harbors, lands or territories in or near those parts of America for which there is not already a patent granted to others for sole trade; giving and by these presents granting unto the said William Claiborne full power to diTect and r/overn, correct and punish such of our subjects as may or sliall be under his command in his voyages and discoveries " (1 Bozman, 266, Note). Rev. Ethan Allen, D. D., to whom we are greatly indebted for help in this paper, says in " Sketches on the Early History of Mary- land to the year 1650 ": "From the mere wording of the King's license to Claiborne, it may not appear from first sight to have had any reference to Kent Island; but in his petition to the King, and the Council's decision l>hereou in 1639, that it was so understood. And it was supposed by Claiborne, and the King also, to give him, that is Claiborne, the au- thority to govern the discoveries he migiit make The title to territory, according to usage, was to be derived from the colonial authorities, but here the power to excrcite government was given him." We now come to the time when Lord Baltimore enters into our history. He was a native of Yorkshire, England, and represented MARYLAND NEVER A ROMAN CATHOLIC COLONY. 13 that county in Parliament. Plis education was first at Trinity College, Oxford, and afterward on the Continent. Robert Cecil, Lord Treasurer, made George Calvert his Secretary ; from that office he was advanced to be Clerk of the Council. He was knighted by King James in 1618, and in 1619 became one of the two Secre- taries of State. While in this otfice the King gave him a patent as proprietor of the whole south-eastern peninsula of New Foundland, to which Calvert gave the name of Avalon, the ancient name of Glastonbury, the seat of the renowned Abbey, which was reputed, by tradition, to have been the tomb of Joseph of Arimathea, who first preached the Gospel there and founded a church. Tradition said that a " miraculous thorn " which flowered on Christmas day^ was the veritable staff with which Joseph aided his steps from the Holy Land to Avalon. Calvert gave the name of Avalon to his settlement in New Foundland, An able historian says : "This depeiKlonce upon a tradition wliicli rests upon the very weakest authority, may be regarded as a token of Calvert's mind at that period, to receive with implicit faith those questionable narratives, whicli Fuller justly describes as 'being much pufled up with the leaven of monkery ' " (Anderson's Colonial Church History, vol. i. p. 404). George Calvert was full of zeal, and sought, as Anderson testifies — " and his efforts to make tlie Avalon of the New World a precious seed-plot of Christianity to its benighted inhabitants, were as great as if the dark legend had be^'n a true record of Holy Writ." To this time he had seemed to be a loyal member of the church of his baptism ; but in the year 1624 he announced to King James, that he had entered the Roman Church, and resigned his office of Secretary of State, saying that lie could no longer hold it with a safe conscience, (Fuller's Worthies, Yorkshire, pp. 201, 202). But