UC-NRLF 
 
 llllll 
 
 $B 107 263 
 
 1 
 
 Church and State I 
 
 BR 
 
 yi3 Pf 
 
 
 Early Maryland 
 
 GEORGE PETRIE 
 
^^ 
 
 LIB RARY 
 
 OF THE 
 
 UNIVERSITY OF CALIFORNIA. 
 
 ^ Received if.^ 26 IRQ.! > ^^9 ■ ^ 
 
 -30 
 
 JAN 26 1893 
 
 jt AiTcessw/is JVo.6AlH^<i.- Shelf No. 
 
 -^3 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/churchstateinearOOpetrrich 
 
IV 
 
 CHURCH AND STATE 
 
 IN 
 
 EARLY MARYLAND 
 
JOHNS HOPKINS DNIVERSITY STUDIES 
 
 IN 
 
 Historical and Political Science 
 
 HERBERT B. ADAMS, Editor 
 
 History Is past Politics aad Politics present History.— ^re«wian 
 
 TENTH SERIES 
 IV 
 
 CHUECH AND STATE 
 
 IN 
 
 EARLY MARYLAND. 
 
 By GEORGE PETRIE, Ph.D. 
 
 Profenmr of History, Alabama Polytechnic Institute. 
 
 ^A 0? thr"^^ 
 
 'uh ive r s itt: 
 
 baltimore 
 The Johns Ho-pkins Press 
 
 PUBLISHED MONTHLY 
 April, 18 9 3 
 

 SO \ 14-0 
 
 COPTBIGHT, 1892, BY THE JOHNS HOPKIXS PKBSB. 
 
 THE FRIEDENWALD CO., PRIKTEES, 
 BALTIMORE. 
 
CHURCH AND STATE IN EARLY MARYUND. 
 
 The purpose of this monograph is to trace the relation of 
 State to Church in Maryland from the foundation of the 
 colony in 1634 down to the establishment of the Church of 
 England in 1692. The subject will be treated under the 
 following heads : 
 
 1. The Provisions of the Charter with regard to Religion. 
 
 2. The Period from the Founding of the Colony to the 
 Act of Toleration in 1649. Here the object will be to trace 
 the development of religious freedom. 
 
 3. The Period from the Act of Toleration in 1649 to the 
 Protestant Revolution of 1689. During this period the 
 object will be to trace the history of the religious toleration 
 already established. 
 
 4. The Protestant Revolution and the Establishment of the 
 Church of England in 1692. 
 
 The subject will be examined under these four heads in 
 the order in which they are given above. At the end of 
 each will be stated our conclusions on that division. A brief 
 summary at the close of the paper will give the conclusions 
 that we believe may be drawn from the whole inquiry. 
 
 I. — ^THE PROVISIONS OF THE CHARTER WITH REGARD TO 
 
 RELIGION. 
 
 The following extracts give the parts that bear directly on 
 the question : 
 
 (a) " Whereas our well beloved and right trusty subject 
 Cecelius Calvert^ Baron of Baltimore, in our kingdom of Ire- 
 
6 Church and State in Early Maryland. [194 
 
 land, son and heir of George Calvert, knight, late Baron of 
 Baltimore J in our said kingdom of Ireland, treading in the 
 steps of his father, being animated with a laudable and pious 
 zeal for extending the Christian religion, and also the terri- 
 tories of our empire, hath humbly besought leave of us, that 
 he may transport, by his own industry and expense, a numer- 
 ous colony of the English nation, to a certain region, herein- 
 after described, in a country hitherto uncultivated, in the 
 parts of America, and partly occupied by savages, having no 
 knowledge of the Divine Being, and that all that region, with 
 some certain privileges and jurisdictions appertaining unto 
 the wholesome government and state of his colony and region 
 aforesaid, may by our royal highness be given, granted, and 
 confirmed unto him, and his heirs. Know ye, therefore,'^ etc.^ 
 
 (6) "Also, we do grant, and likewise confirm unto the said 
 Baron of Baltimore, his heirs and assigns, all islands and 
 islets, &c. And furthermore, the Patronages and Advoiosoiis 
 of all churches which (with the increasing worship and religion 
 of Christ), within the said region, islands, islets and limits 
 aforesaid, hereafter shall happen to be built; together with 
 license and faculty of erecting and founding churches, chapels, 
 and places of worship, in convenient and suitable places, 
 within the premises, and of causing the same to be dedicated 
 and consecrated according to the ecclesiastical laws of our 
 kingdom of EnglandJ' 
 
 (c) "And if, perad venture, hereafter it may happen that 
 any doubts or questions should arise concerning the true 
 sense and meaning of any word, clause, or sentence contained 
 in this our present cAar^er, we will charge and command 
 That interpretation to be 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, that no interpretation 
 
 * These extracts are taken from the translation of the charter given in 
 Soharf , I. , p. 53 seq. 
 
195] Church and State in Early Maryland. 7 
 
 thereof be made, whereby God^s holy and true Christian 
 religion, or the allegiance due to us our heirs and successors, 
 may in any wise suffer by change, prejudice or diminution." 
 The first extract is plainly nothing more than a formal 
 introduction, such as frequently occurs in the charters of the 
 time. As to the precise meaning of the second extract there 
 has been a wide difference of opinion. The grant of the 
 " license and faculty " of erecting and consecrating churches 
 "according to the ecclesiastical laws of our kingdom of Eng- 
 land " may imply : 
 
 1. That churches must be thus and only thus erected and 
 consecrated. 
 
 2. That if churches be erected and consecrated it must be 
 according to the ecclesiastical laws of England. 
 
 3. That if churches be erected and consecrated it may be 
 according to the ecclesiastical laws of England. 
 
 The first interpretation would practically establish the 
 Church, of England. The second would almost necessarily 
 prevent the establishment of any other church. The third 
 would grant permission for the establishment of the Church 
 of England, but would not exclude other churches from being 
 established. 
 
 The point of the third extract is in its last clause — "pro- 
 vided always, that no interpretation thereof be made, whereby 
 God's holy and true Christian religion, or the allegiance due 
 to us, our heirs and successors, may in any wise suffer by 
 change, prejudice or diminution." 
 
 What is meant by " God's holy and true Christian religion " 
 (" Sacro sancta dei et vera Christiana religio ") ? Does this 
 include all decent forms of Christianity? Or is the king, 
 being head of the Church of England, supposed to consider 
 it as the " holy and true Christian religion," and does he by 
 this phrase in the charter refer only to the Church of Eng- 
 land ? Some light may be thrown on these extracts by other 
 charters of the time. 
 
 With the second extract it is interesting to compare the 
 
8 Church and State in Early Maryland. [196 
 
 charter of Avalon/ granted to Baltimore, April 7, 1623, and 
 the grant of New Albion/'^ given to Plowden, June 21, 1634. 
 All these are very much alike, and each was probably mod- 
 eled on its predecessor. All three contain the clause granting 
 " the Patronages and Advowsons of all churches which (with 
 the increasing worship and religion of Christ)^ within the 
 said regions, islands, islets and limits aforesaid, hereafter 
 shall happen to be built." But only the Maryland charter 
 has the rest of the clause concerning the dedication according 
 to the ecclesiastical laws of England. In 1624 Baltimore 
 joined the Roman Catholic Church. Now, since the charter 
 of Avalon, granted him before that event, omits the dedica- 
 tion clause, the Maryland charter granted him when he was 
 a Catholic inserts it, and two years later Plowden^s charter, 
 closely resembling it in other respects, omits this clause ; it 
 therefore seems probable that the clause was inserted as a 
 precaution of some sort against Roman Catholicism, but its 
 effectiveness in this sense would vanish unless it excluded 
 dedication and consecration other than by the laws of Eng- 
 land. Therefore we may eliminate, as probably not intended, 
 the third of the interpretations given above. And as the 
 first interpretation seems scarcely a legitimate construction of 
 the phraseology, the second is left as the probable meaning of 
 the clause, namely, that if churches be erected and conse- 
 crated, it must be according to the ecclesiastical laws of 
 England. 
 
 With the third extract we may compare : 
 
 1. A clause in the letters patent granted by Queen Eliza- 
 beth to Sir Walter Raleigh in 1584: "So always as said 
 statutes, laws, and ordinances may be, as neere as con- 
 veniently may be, agreeable to the laws, statutes, govern- 
 ment, or pollicie of England, and also, so as they be not 
 against the Christian faith, nowe professed in the Church of 
 
 1 Given in Scharf, I., 35. (Copies in Latin and English are in the Cal- 
 vert Papers.) 
 
 2 Given in the Latin in Penn. Mag. of Hist, and Biog., Vol. VII., 55. 
 
197] Church and, State in Early Maryland. 9 
 
 England, nor in any wise to withdraw any of the people of 
 those lands from the allegiance of us, our heirs," etc.^ 
 
 2. A clause in the Instructions for the Government of the 
 Colonies, given in 1606: "and wee doe specially ordaine, 
 charge, and require, the said president and councells, and the 
 ministers of the said several colonies respectively, within their 
 several limits and precincts, that they, with all diligence, 
 care and respect, doe provide, that the true word and pei-vice 
 of God and Christian faith be preached, planted, and used, not 
 only within every of the said several colonies, and plantations, 
 but alsoe as much as they may amongst the salvage people 
 which doe or shall adjoine unto them, or border upon them, 
 according to the doctrine, rights, and religion now i)rofessed 
 and established within our realme of England," etc.^ 
 
 3. A part of the Virginia charter of 1609 : "And lastly 
 because the principal effect which we can desire or expect of 
 this action, is the conversion and reduction of the people in 
 those parts unto the true worship of God and Christian 
 religion in which respect we should be loath, that any person 
 should be permitted to pass, that we suspected to effect the 
 superstitions of Rome : we do hereby declare," etc' 
 
 4. A clause in the grant of Maine to Gorges, April 3, 
 1639 : " No interpretation being made of any word or sen- 
 tence whereby God's holy and true Christian religion now 
 taught, professed and maintained the fundamental lawes of 
 this realm or our allegiance to us our heirs and successors 
 may suffer prejudice or diminucon."^ 
 
 * Given in Streeter : Maryland 200 Years Ago. Appendix. 
 
 2 Given in Brown : The Genesis of the United States. Vol. I., 67-8. 
 2 Given in Lucas: Charters of the Old English Colonies in America, 
 p. 18. 
 
 * This is taken from Hazard, Vol. I., 455. He has it " whereby God's 
 word, true Christian religion," etc. ; but as in his version of Plowden's 
 charter for New Albion he translates the Latin " sacro sancta dei et 
 vera Christiana religio " by " the word of God and true Christian religion," 
 I have concluded that he is here translating the same Latin, and have 
 given it the usual rendering. 
 
10 Church and State in Early 3Iaryland. [198 
 
 These passages make it clear that, however the charter 
 might be interpreted on its face, if taken in the light of sim- 
 ilar documents of the time, "God's true and holy Christian 
 religion " means the Church of England. 
 
 But apart from these passages which bear directly on the 
 relation of State to Church, there are two others that bear on 
 it indirectly : 
 
 1. After giving the Proprietary the right to make laws 
 with the assent of the freemen of the Province, it continues : 
 
 " So, nevertheless, that the laws aforesaid be consonant to 
 reason, and be not repugnant or contrary, but (so far as may 
 be) agreeable to the laws, statutes, customs and rights of this 
 our kingdom of England." 
 
 2. Further on occurs the following passage : 
 
 " We will also, out of our more abundant grace, for us, 
 our heirs and successors, do firmly charge, constitute, ordain 
 and command, that the said Province be of our allegiance; 
 and that all and singular the subjects and liege-men of us, 
 our heirs and successors, transplanted or hereafter to be 
 transplanted into the Province aforesaid, and the children of 
 them, and of others their descendants, whether already born 
 there or hereafter to be born, be and shall be natives and 
 liege-men of us our heirs and successors, of our kingdom of 
 England and Ireland ; and in all things shall be held treated, 
 reputed and esteemed as the faithful liege-men of us, and our 
 heirs and successors, born within our kingdom of England ; 
 also lands, tenements, revenues, services, and other hered- 
 itaments whatsoever, within our kingdom of England, and 
 other our dominions, to inherit, or otherwise purchase, 
 receive, take, have, hold, buy and 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, vex- 
 
199] Church and State in Early Maryland. 11 
 
 ation, impeachment, or grievance of us, or any of our heirs 
 or successors; any statute, act, ordinance, or provision to 
 the contrary thereof notwithstanding." 
 
 The first of these is so vague as to be satisfied by almost 
 any arrangement with regard to church. But the second 
 gives the inhabitants of the province the right to all the 
 privileges of native-born Englishmen, and it is difficult to 
 see how this can be so construed as to exclude the right to 
 the establishment of the Church of England. 
 
 To sum up : the charter probably requires that if churches 
 be erected and consecrated, it must be according to the eccle- 
 siastical laws of England; it directs that no interpretation be 
 put upon it whereby the Church of England may suffer by 
 change, prejudice, or diminution ; and it gives the inhabitants 
 of the province the same right as native-born Englishmen to 
 whatever privileges accompany an establishment. 
 
 But in the uncertain state of political and religious affairs 
 in England at that time it would have been a difficult matter 
 to say just what were the rights of the Church of England 
 that must not be infringed upon, and just what privileges all 
 Englishmen could claim from an establishment. Moreover, 
 it was not a time when things turned on technical interpre- 
 tation of written documents. Historical forces were at work, 
 and these, in connection with the policy of the administration 
 and the temper of the colonists, were, after all, to determine 
 the relation of Church and State in Maryland. It is our 
 task, then, to trace the development of this relation, and this 
 brings us to our second division. 
 
 II. — THE PERIOD FROM THE FOUNDING OF THE COLONY 
 TO THE ACT OF TOLERATION IN 1649. 
 
 This is the period of the development of religious toleration. 
 
 1. Lord Baltimore's intention with regard to religious 
 freedom is clearly shown by a letter of his son Charles, 
 written in 1678. It s avs ; '^ Mv father, albeit he had an 
 
 ^iFh^ 
 
12 Church and State in Early Maryland. [200 
 
 absolute liberty given to him and his heirs to carry thither 
 any persons out of any the dominions that belonged to 
 the Crown of England who should be willing to go thither, 
 yet when he came to make use of this liberty he found very 
 few who were inclined to go and seat themselves in those 
 parts but such as for some reason or other, could not live 
 with ease in other places and of these a great part were such 
 as could not conform in all particulars to the several laws of 
 England relating to religion. Many there were of this sort 
 of people who declared their willingness to go and plant 
 themselves in this province so as they might have a general 
 toleration settled there by a law by which all of all sorts who 
 professed Christianity in general might be at liberty to wor- 
 ship God in such manner as was most agreeable with their 
 respective judgments and consciences, without being subject 
 to any penalties whatever -for their so doing, provided the 
 civil peace were preserved. And that for the securing the 
 civil peace, and preventing all heats and feuds which were 
 generally observed to happen amongst such as differ in opin- 
 ions upon occasion of reproachful nicknames, and reflecting 
 upon each other's opinions, it might by the same law be made 
 penal to give any offense in that kind. These were the con- 
 ditions proposed by such as were willing to go and be the first 
 planters of this province ; and without the complying with 
 these conditions, in all probability this province had never 
 been planted. To these conditions my father agreed; and 
 accordingly soon after the first planting of this province these 
 conditions, by the unanimous consent of all who were con- 
 cerned, were passed into a law ; and the inhabitants of this 
 province have found such effects from this law, and from the 
 strict observance of it, as well in relation to their quiet as in 
 relation to the farther peopling of this province, that they 
 look on it as that whereon alone depends the preservation of 
 their peace, their properties, and their liberties.''^ 
 
 ' See Arcliives of Maryland : Council II., 267-8. In this quotation the 
 spoiling and punctuation have been modernized. 
 
201] Church and State in Early Maryland. 13 
 
 In the light of this should be taken the following extracts 
 from a letter written in 1638 by Cornwalleys, one of the most 
 prominent of the original settlers : '^ Perhaps this fault hath 
 beene permitted in vs as A favoure toe yr Lo^ whereby you 
 may declare the Sincerety of yr: first pyouse pretence for the 
 Planting of this desert Province, w'^^ will bee toe much 
 doubted of if you should take Advantage of oure Ignorant 
 and vncontionable proceedeings toe Assume more than wee 
 can Justly giue you."^ 
 
 And a little further on : " Yr Lo^ knowes my Securety 
 of Contiens was the first Condition that I expected from this 
 Government." 
 
 In keeping with this are his instructions to the first 
 colonists, from which is taken this extract : " Inpri: His 
 Lqpp requires his said Gouernor & Commissioners th^ in their 
 voyage to Mary Land they be very careful! to preserue vnity 
 & peace amongst all the passengers on Shipp-board, and that 
 they suffer no scandall nor offence to be giuen to any of the 
 Protestants, whereby any lust complaint may heerafter be 
 made, by them, in Virginea or in England, and that for that 
 end, they cause all Acts of Romane Catholique Religion to 
 be done as priuately as may be, and that they instruct all the 
 Romane Catholiques to be silent vpon all accasions of dis- 
 course concerning matters of Religion; and that the said 
 Gouernor & Comissioners treate the Protestants w^*" as much 
 mildness and fauor as Justice will permitt. and this to be 
 obserued at Land as well as at Sea." (Calvert Papers, Vol. I., 
 p. 132.) 
 
 And in keeping with this liberal policy he offered the same 
 toleration a few years later to such persons from Massachu- 
 setts as would move to Maryland. In proof of this the 
 following extract is given from Gov. Winthrop^s Journal for 
 1643: "The Lord Bartemore being owner of much land 
 near Virginia, being himself a papist, and his brother, Mr. 
 Calvert the governour there a papist also, but the colony 
 
 1 Calvert Papers, p. 172. 
 
14 Church and State in Early Maryland, [202 
 
 consisted both of protestants and papists, he wrote a letter to 
 Captain Gibbons of Boston, and sent him a commission, 
 wherein he made tender of land in Maryland to any of ours 
 that would transport themselves thither, with free liberty of 
 religion, and all other privileges which the place afforded, 
 paying such annual rent as should be agreed upon; but our 
 Captain had no mind to further his desire herein, nor had any 
 of our people temptation that way."^ 
 
 Some time before 1649^ he seemed also to have promised 
 religious toleration to Puritan refugees from Virginia, for 
 the author of ^ Leah and Rachel,' a pamphlet published in 
 1656, says : ^^ Maryland was courted by them [the Puritans] 
 as a refuge, the Lord Proprietor and his Governor solicited 
 to, and several addresses and treaties made for their admit- 
 tance and entertainment into that province ; their conditions 
 were pitied, their propositions were hearkened to and agreed 
 on, which was, that they should have convenient portions of 
 land assigned them, liberty of conscience, and privilege to 
 choose their own officers, and hold courts within themselves. 
 All was granted them," etc. 
 
 These extracts prove that, from the first, Baltimore's plan 
 was to maintain religious toleration in Maryland. 
 
 2. But not only was religious toleration promised by 
 Baltimore, it was enforced also in various ways by him, and 
 by the government in the colony, as will be evident from the 
 following facts : 
 
 (a) A proclamation was made against all disputes that 
 tended to '^cherish a faction in religion." Neither the form 
 nor the precise date of this is known, but it was at least as 
 early as 1638 ; for in that year we have a full account of the 
 trial of William l^ewis, who had quarreled rather violently 
 with two servants on religious questions ; and in the record 
 
 ^ Winthrop's History of New England, ed. by Savage, II., 149. 
 
 ^This was before 1649, because the author of *Leah and Rachel' says 
 that after they came to Maryland the Puritans participated in the 
 Assembly which passed the Act of Toleration. 
 
203] Church and State in Early Maryland. 16 
 
 of the proceedings occurs the following sentence: "The 
 Captain, likewise, found him to have offended against the 
 public peace, and against the proclamation made for the sup- 
 pressing of all such disputes tending to the cherishing of a 
 faction in religion ; and therefore fined him likewise five 
 hundred pounds to the Lord of the Province."^ 
 
 (b) But religious freedom was maintained in a more 
 thorough way than by mere proclamation. In the oath which 
 governor and councillors were required to take on entering 
 their office, there was a clause which required them to main- 
 tain religious toleration in the colony. Exactly when this 
 clause was first inserted in the oath is a disputed point. 
 Chalmers says^ it was taken in this form " between 1637 and 
 1657"; but what ground he had for this assertion is not 
 known, and his phraseology is ambiguous. It may mean 
 constantly between 1637 and 1657, or it may mean sometimes 
 between those years. I have searched the records carefully, 
 and find the oath with the toleration clause taken after, but 
 never before, 1648. The following is the clause in question 
 in the oaths for governor and councillors in the form in which 
 it was sent out by Baltimore, August 6, 1648 : 
 
 " I will not by myself nor any person directly or indirectly 
 trouble molest or discountenance any person whatsoever in 
 the said Province professing to believe in Jesus Christ and 
 in particular no Roman Catholick for or in respect of his or 
 her Religion nor in his or her free exercise thereof within 
 the said Province so as they be not unfaithful to his said 
 Lordship or molest or conspire against the Civil Government 
 Established here under him."^ Thus far the governor's and 
 the councillor's oaths agree, but the governor's oath contains 
 in addition the following: "nor will I make any difference 
 of Persons in Conferring of Offices Rewards or Favours 
 proceeding from the Authority which his said Lordship hath 
 
 ^Archives of Maryland, Provincia,! Court, II., 38. 
 
 '^Chalmers: Annals, p. 235. 
 
 3 Archives of Md., Council I., 210, 214. 
 
16 Church and State in Early Maryland. [204 
 
 conferred upon me as his Lieuf here for in Respect of their 
 s*! Religion Respectively but mearly as I shall find them 
 faithful and well deserving of his said Lordship and to the 
 best of my understanding endowed with moral virtues and 
 abilities fitting for such Rewards Offices or favours wherein my 
 
 prime aim and end from time to time shall 
 
 sincerely be the Advancement of his said Lordships service 
 here and the publick unity and Good of the Province without 
 Partiality to any or any other sinister end whatsoever and if 
 any other Officer or Person whatsoever shall during the time 
 of my being his said Lordships Lieutenant here without my 
 consent or Privity molest or disturb any Person within this 
 Provence professing to believe in Jesus Christ meerly for or 
 in Respect of his or her Religion or the free exercise thereof 
 upon notice or Complaint thereof made unto me I will apply 
 my Power and Authority to Relieve and Protect any Person 
 so molested or troubled whereby he may have right done him 
 for any damage which he shall suffer in that kind & to the 
 utmost of my power will Cause all and every such person or 
 persons as shall molest or trouble any other Person or 
 Persons in that manner to be punished/' 
 
 3. Promises, proclamations and oaths may very well 
 indicate Baltimore\s policy with regard to religious freedom ; 
 but equally important with the policy is the way in which 
 that policy is carried out in the concrete cases. And it was 
 not long before the test case arose that was to decide whether 
 this policy was practicable and had behind it energy and dis- 
 cretion enough to give it vitality. The test came in the 
 conflict between canon and civil law. Dr. Wm. Hand 
 Browne puts the case as follows : 
 
 "In England, testamentary matters, the appointment of 
 administrators, etc., were under the jurisdiction of the ecclesi- 
 astical courts. In Maryland, as yet, there were no ecclesiastics 
 but the Jesuits ; were they to have control over all orphans' 
 estates? One of the rights most strongly asserted by the 
 Church of Rome was that priests and church property were 
 
205] Church and State in Early Maryland. 17 
 
 amenable to ecclesiastical law only; were they to be put on 
 the same footing as laymen — to be liable to summons, arrest, 
 or distraint, to civil or criminal process in the ordinary courts 
 oflaw?'^^ 
 
 Clearly if such things as testamentary matters are to be 
 in tlie hands of ecclesiastics, and if priests and church prop- 
 erty are to be subject only to ecclesiastical law, ecclesiastical 
 courts must be recognized in the colony. But this would be 
 inconsistent with Baltimore's plans for religious freedom and 
 equality. 
 
 Further, from the founding of the colony, the Jesuits, 
 though not numerous, had been zealous and energetic, and 
 had made a number of converts, not only among the colonists, 
 but also among the Indians. " In return, the kings and 
 chiefs had given them immense grants of land, which, in 
 addition to those taken up under the conditions of plantation, 
 were held by Thomas Copley, one of their members, to the 
 use of the order. Here was another danger. Were lands in 
 Maryland to be held by any other title than as grants from the 
 Proprietary ? Were great estates to grow up, held in mort- 
 main, always increasing, and never reverting to secular 
 hands ?" ^ Baltimore saw the danger of these tendencies and 
 firmly resisted them.'^ In this he was earnestly supported by 
 Mr. Lewgar, his secretary, a Protestant recently converted to 
 Catholicism, as is indicated by the following extract from a 
 letter written in 1628 by Mr. Copley, a Roman Catholic, to 
 Baltimore : 
 
 *^ First there is not any care at all taken, to promote the 
 conuersion of the Indians, to prouide or to shew any fauor 
 to Ecclesiasticall pe^sons, or to preserue for the church the 
 Immunity e and priueledges, w^^ she enioyeth euery where 
 else; But rather MT Lugar seemeth to defend opinions here, 
 
 ^ Browne : George and Cecil ius Calvert, p. 103. 
 2 Browne: George and Cecilius Calvert, p. 104. 
 
 * On the contest between the Proprietary and the Jesuits, see Johnson : 
 Foundation of Maryland, pp. 55-94. 
 
18 Church and State in Early Maryland. [206 
 
 that she hath noe priueledges iure diuino. That bulls Canons 
 and Casuists are little to be regarded in these cases, because 
 they speake for themselues, as if others oposing them had noe 
 selfe interest and therfor must know better what belongs to 
 the church then she hirselfe. That Priueledge are not due to 
 the church till the common wealths in w^^ the church is grante 
 them. And therfor while they grante none, I doubte that 
 not only MV Lugar, hut also some others that I feai'e adhere to 
 much to him, conceaue that they may proceed w^^ Ecclesi- 
 asticall persons and w^^ others, and accordingly they seeme to 
 resolve to bind them to all there lawes, and to exacte of them 
 as of others."^ 
 
 The course which Lewgar adopted to attain his ends is thus 
 described in the record of the Society of Jesus: " Therefore 
 this Secretary having summoned the Parliament in Maryland^ 
 composed, with few exceptions, of heritics and presided over 
 by himself, in the name of the Lord Baltimore himself, he 
 attempted to pass the following laws, repugnant to the Catho- 
 lic faith and ecclesiastical immunities ; That no virgin can 
 inherit unless she marry^s before 29 years of age ; that no 
 ecclesiastic shall be summoned in cause, civil or criminal, be- 
 fore any other than a secular judge; that no ecclesiastic shall 
 enjoy any privilege, except such as he is able to show ex 8crip- 
 tura, nor to gain anything for the Church, except by the gift 
 of the Prince, nor to accept any site for a church or cemetery, 
 nor any foundation from a convert Indian King, nor shall 
 any one depart from the Province even to preach the Gospel 
 to the infidels by authority of the See Apostolic, without a 
 license from the laye Magistrate ; nor shall any one exercise 
 jurisdiction within the Province which is not derived from 
 the Baron, and such like." ^ 
 
 These measures seem never to have become laws, as they do 
 not appear in the records. But about this time testamentary 
 matters were, by act of the Assembly of the colony, formally 
 
 Calvert Papers, p. 162-3. 
 
 Johnson: Foundation of Maryland, p. 81. 
 
207] Church and State in Early Maryland. 19 
 
 brought under civil jurisdiction ; for in " an Act ordeining 
 certain laws for the government of this Province/' passed by 
 that body in March, 1638-9, and approved by the Proprietary, 
 there occurs the following clause : " The Secretary shall prove 
 wills and grant Administrations and use and appoint all 
 power and means necessary or conducing thereunto/' ^ 
 
 And in 1640, the civil power assumed control likewise of 
 marriages and the Assembly passed the following act in regula- 
 tion thereof: 
 
 " An Act touching Marriages. 
 
 No partie may Solemnize marriage with any woman afore 
 the banes 3 days before published in some Chappell or other 
 place of the County where publique instnts are used to be 
 notified or else afore oath made & ciiution en tied in the 
 County Court that neither partie is apprentice or ward or pre- 
 contracted or within the forbidden degrees of consanguinity 
 or under govermt, of parents or tutors and certificate of 
 such oath & caution taken from the Judge or Register of the 
 Court upon paine of fine & recompense to the partie grieved." 
 
 This act was to endure for two years after the end of this 
 Assembly. Lewgar's attempt had in large part failed. But 
 in the contest over the laws which he urged, the Jesuits nat- 
 urally sided in favor of the canon law, and strove so earnestly 
 to maintain what they regarded as their privileges under that 
 system that Baltimore, who was determined to do away with 
 these privileges, thought it best to obtain their withdrawal 
 from the colony and to have secular priests sent out in their 
 stead. 
 
 " The said Baron, with others favorable to his opinions, 
 began to turn his attention to the expulsion of the Fathers, 
 and the introducing others in their stead, who would be more 
 pliable to his Secretary. Therefore he proceeded last year, 
 to petition the Sacred Congregation of the Propagation of the 
 Faith, in the name of the Catholics of Maryland, to grant a 
 
 ' Archives of Maryland, Assembly I., 83. 
 
20 Church and State in Early Maryland. [208 
 
 Prefect and priests of the Secular Clergy, faculties for the 
 same mission, making no mention in the meantime, of the 
 labors of the Fathers undertaken in that harvest, nor ex- 
 pressing the motives which induced him to substitute new 
 priests . . . But the Sacred Congregation, being entirely 
 ignorant of these matters, granted the Petition."^ 
 
 In November, 1641, Baltimore issued new ^^ Conditions of 
 Plantation," containing in the last two sections provisions 
 against holding land in mortmain, and accompanied by an 
 oath which was to be administered to those taking up land, 
 and which bound its taker to receive and hold land from no one 
 except the Proprietary. For some unknown reason the last 
 two sections and the oath seem not to have been published. 
 
 When these were received in Maryland, the Governor and 
 Lewgar visited the Jesuits and the whole matter of eccles- 
 iastical privileges was discussed anew. The question was 
 referred by the Jesuits to their Provincial in England, and 
 by him to Rome. Finally the Provincial officially declared 
 that the conditions of plantation and the oath contained 
 nothing which the Jesuits might not comply with, and for- 
 mally gave up all lands held by them and all right to acquire 
 land except from the Proprietary. 
 
 Thus ended the contest over the canon law. Causes testa- 
 mentary and matrimonial were now formally brought under 
 the jurisdiction of the civil courts, and the Jesuits formally 
 renounced the right to acquire land except with the consent 
 of the Proprietary. On June 20, 1648, new conditions of 
 plantation were sent out and published, containing prac- 
 tically the same sections about mortmain and accompanied 
 by virtually the same oath as in 1641.^ 
 
 The more general question of ecclesiastical privileges was 
 not formally settled, but there were no established clergy 
 and no ecclesiastical courts, so no privileges could really be 
 put into practice; and, furthermore, the policy of the admin- 
 
 ^ Records of the Society of Jesus, in Johnson, p. 83. 
 ^Archives of Maryland, Council I., 226-7. 
 
209] Church and State in Early Maryland, 21 
 
 istration had been emphatically announced on this point, had 
 met with no successful opposition and remained in possession 
 of the field. 
 
 4. But in developing religious freedom in the colony, Bal- 
 timore and his executives did not work alone. From the 
 first the colonists themselves, through the Assembly, took 
 part in the formation of the policy which should regulate 
 religious affairs. 
 
 The existing records of the Assembly proceedings begin in 
 January, 1637-8. There seems to have been some kind of 
 Assembly before this, and it is quite possible that it passed 
 some Act of Toleration. In 1758 the Upper and the Lower 
 Houses were discussing the claims of Papists to consid- 
 eration in Maryland ; and the Upper House said : " After 
 the charter was thus granted to Lord Baltimore, who was 
 then a Roman Catholic, his lordship emitted his proclamation 
 to encourage the settlement of his province, promising therein, 
 among other things, liberty of conscience, and an equal 
 exercise of religion to every denomination of Christians who 
 would transport themselves and reside in his province, and 
 that he would procure a law to be passed for that purpose 
 afterwards. The first or second Assembly that met after the 
 colonists arrived here, some time in the year 1638, a per- 
 petual law was passed, in pursuance of his lordship's promise, 
 and, indeed, such a law was easily obtained from those who 
 were the first settlers. This was confirmed in 1649 and 
 again in 1650.''^ 
 
 To this may refer also a sentence in the letter, already 
 quoted, of Charles Calvert, written in 1678. Writing about 
 the demands of the first settlers for a promise of toleration 
 before leaving home, he says : "To these conditions my 
 father agreed ; and accordingly soon after the first planting 
 of this province these conditions by the unanimous consent 
 of all who were concerned were passed into a law." 
 
 But if any such act were passed before 1637, no trace of it 
 
 ' Given in Scharf, I., 154. 
 
22 Church and State in Early Maryland. [210 
 
 has remained. The earliest extant act touching religion is 
 this, which was passed in 1637-8 : " Holy Church within 
 this province shall have all her rights and liberties/'^ 
 
 In June, 1640, occurs the following : "An Act for Church 
 liberties. Holy Church within this Province shall have and 
 enjoy all her Rights liberties and Franchises wholy and 
 without Blemish.^^^ 
 
 The early acts of the Assembly are full of phrases from 
 Magna Charta, and the two acts just quoted are clearly 
 imitations of the same document. What was their precise 
 meaning the framers themselves would probably have been 
 puzzled to tell. They doubtless had no very clear or con- 
 sistent ideas as to the relation of State to Church, and did 
 not draw very sharply the line between creed and conduct. 
 In an act of 1642 for the punishment of "lesse capital 
 offences," sacrilege and sorcery are ranked side by side with 
 homicide, burglary, piracy, etc. But a certain rough idea of 
 fair play in religious matters appears in an incident recorded 
 in the proceedings of the Assembly in 1641-2: "The peti- 
 tion of the Protestants was read complaining against 
 Mr. Thomas Gerard for taking away the Key of the Chappel 
 and carrying away the Books out of the Chappel and such 
 proceedings desired against him for it as to Justice apper- 
 taineth. Mr Gerard being charged to make answer the 
 house upon hearing of the Prosecutors and his defense found 
 that Mr Gerard was guilty of a misdemeanour and that he 
 should bring the Books and Key taken away to the place 
 where he had them and relinquish all title to them or the 
 house and should pay for a fine 5001 tobacco towards the 
 maintenance of the first minister as should arrive."^ 
 
 Also, as has been mentioned in another connection, the 
 Assembly made the regulation of testamentary matters in 
 1638, and of marriages in 1640, subject to civil law. These 
 
 ^Archives of Maryland, Assembly I., 83. 
 ^Archives of Maryland, Assembly I., 96. 
 ^ Archives of Maryland, Assembly I., 119. 
 
211] Church and State in Early Maryland, 23 
 
 acts are disconnected and show a lack of clear ideas on the 
 fundamental questions of the relation of State to Church ; 
 but there is in them a certain rough love of liberty that is 
 not altogether out of keeping with the great act which con- 
 stituted the legal corner-stone of religious freedom in Mary- 
 land, the Act of 1649. 
 
 The provisions of this Act are as follows -.i 
 
 ^^ Acts of Assembly of the 21 of Aprill Acts and Orders of 
 1649. Assembly assented 
 
 Confirmed by the Lord Proprietary by unto Enacted and 
 an instrument under his hand & scale made at a Genall 
 26th of August 1650 Sessions of the said 
 
 Phillip Calvert. Assembly held at St 
 
 Maries on the one 
 and twentieth day 
 of Aprill Anno Dm 
 1649 as followeth 
 viz: 
 " An Act concerning Religion fforasmuch as in a well gov- 
 erned and Xtian Comon Wealth matters concerning Religion 
 and the honor of God ought in the first place to betaken into 
 serious consideracon and endeavoured to bee settled. Be 
 it therefore ordered and enacted by the Right Ho^^® Cecilius 
 Lord Baron of Baltimore absolute Lord and Proprietary of 
 this Province with the advice and consent of this Generall 
 Assembly. That whatsoever pson or psons within this Pro- 
 vince and the Islands thereunto belonging shall from hence- 
 forth blaspheme God, that is Curse him, or deny our Saviour 
 Jesus Christ to bee the sonne of God, or shall deny the holy 
 Trinity the ffather sonne and holy Ghost, or the Godhead of 
 any of the said Three psons of the Trinity or the Unity of the 
 Godhead, or shall use or utter any reproachfull Speeches, 
 words or language concerning the said Holy Trinity, or any 
 of the said three psons thereof, shalbe punished with death 
 
 ^Archives of Maryland, Assembly 1., 244 sq. 
 
24 Church and State in Early Maryland. [212 
 
 and confiscaton or forfeiture of all his or her lands and goods 
 to the Lord Proprietary and his heires. 
 
 " And be it also Enacted by the Authority and with the 
 advise and assent aforesaid, That whatsoever pson or psons 
 shall from henceforth use or utter reproachfull words or 
 Speeches concerning the blessed Virgin Mary the Mother of 
 our Saviour or the holy Apostles or Evangelists or any of 
 them shall in such case for the first offence forfeit ". . . 
 
 Here follow the various penalties : fines, public whipping, 
 imprisonment, banishment, according to circumstances. 
 ^^And be it also further enacted by the same authority advise 
 and assent that whatsoever pson or psons shall from hence- 
 forth uppon any occasion of Offence or otherwise in a reproach- 
 ful manner or Way declare call or denominate any pson or 
 psons whatsoever inhabiting residing traflfiqueing trading or 
 comerceing within this Province or within any the ports. Har- 
 bors, Creeks or Havens to the same belonging an heritick, 
 Scismatick, Idolator, puritan, Independant, Prespiterian 
 popish priest, Jesuite, Jesuited papist, Lutheran, Calvenist, 
 Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, 
 Sepatist or any other name or term in a reproachfull manner 
 relating to matter of Religion shall for every such Offence 
 forfeit^'. . . 
 
 And then follow the penalties : fine, public whipping, and 
 imprisonment, according to circumstances. " And be it fur- 
 ther likewise Enacted by the Authority and consent aforesaid 
 That every person and persons within this Province that shall 
 at any time hereafter pphane the Sabbath or Lords day called 
 Sunday by frequent swearing, drunkennes or by any uncivill 
 or disorderly recreacon, or by working on that day when 
 absolute necessity doth not require it shall for every such first 
 offence forfeit ". . . 
 
 Then follow the penalties : fine, imprisonment and public 
 whipping. Last is the provision for religious toleration : 
 
 " And whereas the inforceing of the conscience in matters of 
 Religion hath frequently fallen out to be of dangerous Conse- 
 
213] Church and State in Early Maryland. 25 
 
 quence in those commonwealthes where it hath been practised, 
 And for the more quiett and peaceable government of this 
 Province, and the better to pserve mutuall liove and amity 
 amongst the Inhabitants thereof Be it Therefore also by the 
 Lo: Proprietary with the advise and consent of this Assembly 
 Ordeyned & enacted (except as in this psent Act is before 
 Declared and sett forth) that noe person or psons whatsoever 
 within this Province, or the Islands, Ports, Harbors, Creekes, 
 or havens thereunto belonging professing to believe in 
 Jesus Christ, shall from henceforth bee any waies troubled. 
 Molested or discountenanced for or in respect of his or her 
 religion nor in the free exercise thereof within this Province 
 or the Islands thereunto belonging nor any way compelled to 
 the beliefe or exercise of any other Religion against his or her 
 consent, soe as they be not unfaithfuU to the Lord Proprie- 
 tary, or molest or conspire against the civill Government 
 established or to bee established in this Province under him 
 or his heires. 
 
 "And that all and every pson and psons that shall presume 
 Contrary to this Act and the true intent and meaning thereof 
 directly or indirectly either in pson or estate willfully to 
 wrong disturbe trouble or molest any person whatsoever within 
 this Province professing to believe in Jesus Christ for or in 
 respect of his or her religion or the free exercise thereof within 
 this Province other than is provided for in this Act that 
 such pson or psons soe offending, shalbe compelled to pay 
 trebble damages to the party soe wronged or molested, and 
 for every such offence shall also forfeit 20^ sterling in money 
 or the value thereof, half thereof for the use of the Lo: 
 Proprietary, and his heires Lords and Proprietaries of this 
 Province, and the other half for the use of the party soe wronged 
 or molested as aforesaid. Or if the ptie soe offending as 
 aforesaid shall refuse or bee unable to recompense the party soe 
 wronged, or to satisfy such fiyne or forfeiture, then such Offender 
 shalbe severely punished bypublick whipping & imprisonm* 
 during the pleasure of the Lord Proprietary, or his Leiuetenat 
 
26. Church and State in Early Maryland. [214 
 
 or cheife Governor of this Province for the tyme being with- 
 out baile or maineprise." 
 
 The act closes with provisions for carrying it out. Like 
 most great constitutional documents, this act is not absolute 
 in its provisions. The toleration which it grants is condi- 
 tioned in several ways. The benefits are confined to those 
 professing to believe in Jesus Christ; the doctrine of the 
 Trinity rnust not be denied or reviled, on penalty of death ; 
 no reproach may be uttered against the Virgin Mary or the 
 Evangelists ; the " Sabbath " must be strictly observed, and, 
 of course, no religion is permitted to interfere with the civil 
 government. 
 
 But in spite of, or rather perhaps because of, these limita- 
 tions, the act concerning religion marked a long step forward. 
 It proved practicable and worked well. Through forty years 
 of strain and stress it remained, with one brief intermission, 
 the constitutional basis of religious freedom. This is not the 
 place to discuss its relation to any ordinance of the English 
 Parliament in 1645, 1647, or any other year, nor to speculate 
 upon its close resemblance to portions of the 'Utopia.' At 
 that time the idea of toleration was no longer private prop- 
 erty. From the days of the new learning it had entered the 
 minds of many noblemen, and the attempt to trace the pro- 
 visions of this act to any English precedent would be specu- 
 lation. 
 
 Nor is it possible fully to determine Baltimore's share in 
 its drafting. That many of the acts passed at this and the 
 following sessions of the Assembly were at least based on a 
 body of laws sent out by Baltimore in 1648 for the approval 
 of the colonists, is reasonably certain.^ That in this body of 
 laws there was "provision made for freedom of consciences,'' 
 Baltimore himself states.^ But how far the act as passed by 
 the Assembly corresponded with the provision in the laws sent 
 out by Baltimore cannot definitely be determined. Further, 
 
 1 Johnson, p. 113-126. 
 
 'Johnson, p. 135, and Archivesof Md., Assembly I., 263. 
 
215] Church and State in Early Maryland. 27 
 
 in the commission accompanying this body of laws, Baltimore 
 says that they were " proposed '' to him for the good and quiet 
 settlement of the colony, and he finding them " very fit to be 
 enacted as laws," submitted them to the Assembly.^ It would 
 be interesting to know who "proposed'^ them, whether it was 
 Baltimore's friend, the Provincial, Father More, as has been 
 suggested by one writer,^ or the Puritan preacher. Rev. Thomas 
 Harrison, as intimated by another,^ or some other and un- 
 known person. But to settle this point the evidence is again 
 insufficient. 
 
 Of this much, however, we can be certain : first, the act 
 was essentially in harmony with Baltimore's policy and gave 
 it legal power; second, it was the formal sanction and adop- 
 tion of that policy by the people of the colony. It was there- 
 fore the formal culmination at once of the policy of the 
 Proprietary and of the legislation of the colonists. 
 
 5. Much energy has been devoted to the discussion as to 
 whether the toleration thus established in Maryland was the 
 work of Roman Catholicism or of Protestantism. The 
 discussion has turned mainly on three points : (a) The faith 
 of the colonists before 1649 ; (b) the faith of the Assembly 
 of 1649 ; (c) the motive of Baltimore's policy. And although 
 from a constitutional standpoint the question is of small 
 importance, yet it has been so much debated that it may be 
 well to say a few words about it here. 
 
 (a) As to the faith of the colonists before 1649, the testi- 
 mony is as follows : 
 
 The Provincial Father More writes in 1642, " the affair 
 was surrounded with many and great difficulties, for in 
 leading the colony to Maryland, by far the greater part were 
 heretics."^ 
 
 Father White writes in 1641, "three parts of the people 
 in four at least are heretics.'^^ 
 
 ^Johnson, p. 116. 
 
 * Johnson, p. 133-4. 
 
 ^ Neill : Maryland not a Catholic Colony, p. 10. 
 ^Johnson, p. 33. 
 
 * Johnson, p. 32. 
 
 'tjHIVBHSIT" 
 
 £4 
 
 
28 Church and State in Early Maryland. [216 
 
 Governor Winthrop, in 1634, writing in his journal the 
 report of the Maryland settlers which was brought by a vessel 
 on its return from Bermuda, says : '^ and those who came 
 over were, many of them. Papists, and did set up mass 
 openly/'^ 
 
 In a passage already mentioned in 'Leah and Rachel,' a 
 pamphlet published in 1656, Mr. Hammond describes the 
 coming to Maryland of Virginia Puritans, and the Assembly 
 of 1649, held after their arrival, and says: "An Assembly 
 was called throughout the whole country after their coming 
 over (consisting as well of themselves as the rest), and 
 because there were some few Papists that first inhabited there 
 themselves, and others being of different judgments, an act 
 passed,'^ etc. 
 
 In 1700 it was the testimony of old settlers that " some, 
 though but few. Papists were at the first seating.'^ 
 
 Governor Sharpe writes in 1758 : " It might, perhaps, be 
 unknown, if not to the authors, at least to some of the 
 propagators of the above-mentioned report, that the people 
 who first settled in this province were, for the most part, 
 Roman Catholics, and that, though every other sect was 
 tolerated, a majority of the inhabitants continued Papists till 
 the revolution. ''- 
 
 Chalmers says in the 'Annals': "The first emigration, 
 consisting of about two hundred gentlemen of considerable 
 fortune and rank, with their adherents, who were composed 
 chiefly of Roman Catholics, sailed from England, in Novem- 
 ber, 1632.''=^ 
 
 From this apparently conflicting testimony we turn to cir- 
 cumstantial evidence. Here no conclusion can be drawn a 
 priori as to who would take advantage of the refuge offered 
 in Maryland, for others besides Roman Catholics failed to 
 find in England the religious freedom they desired. Nor can 
 
 1 Winthrop, I., 134. 
 
 '^Sharpe Oorrespoadeace, II., 315 (ia Archives of Maryland). 
 
 3 Chalmers: Annals, p. 207. 
 
217] Church and State in Early Maryland. 29 
 
 any just inference be drawn from the oath administered by 
 the 'London Searcher' to 128 of the first settlers as they 
 were about to sail from England, for that oath was merely 
 the oath of allegiance, as the ' Searcher ' himself states in his 
 official report.^ This might readily have been taken by any 
 Catholic, and was distinct from the oath of Supremacy, which 
 no true Catholic could take, as may be seen from the Massa- 
 chusetts charter of 1628, which grants power to certain officials 
 " to administer and give the oath and oaths of supremacie 
 and allegiance or either of them, to all and every person and 
 persons,' ' etc.^ 
 
 To infer a Protestant majority from the case of Ingle's 
 rebellion is on many accounts absurd. It is also impossible 
 to infer tiie religion of the colonists before 1649 from the pro- 
 portion after that date, because after 1650 there occurred 
 large accessions of Protestants. 
 
 A few facts, however, are reasonably certain. On the one 
 hand, Kent Island was originally settled by Protestants, and 
 a considerable number of Puritans came from Virginia before 
 1649. On the other hand, most of the prominent men during 
 the early years of the colony were Catholics, and the zeal of 
 the Jesuits made many converts. Father White says in 1638 : 
 " Of the Protestants who came from England this year, almost 
 all have been converted to the faith." ^ 
 
 To sum up, the evidence is not of such a character as to 
 warrant a positive decision as to the relative numbers of 
 Protestants and Catholics in the colony before 1649, but after 
 balancing the testiaiony and considering the indirect evidence 
 it seems probable that numerically the Protestants were in 
 the majority, but the influence and power of the Catholic 
 minority were greater than their numerical proportion would 
 indicate. 
 
 (6) As to the faith of the members of the Assembly of 1649 
 
 1 Scharf, I., 67. 
 
 ^ Lucas: Charters, etc., p. 43. 
 
 ^ Given in Neill : Maryland not a Catholic Colony, p. 3. 
 
30 Church and State in Early Maryland. [218 
 
 .which passed the Act of Toleration, it is reasonably certain 
 that the Roman Catholics were somewhat in the majority. But 
 here again the precise proportion is uncertain.^ 
 
 (c) Touching the motive which lay behind Baltimore's 
 policy of toleration, little need be said. No one can doubt 
 the sincerity of his faith, for he remained a Catholic when it 
 was notably against his interests to do so. That he was a 
 statesman and diplomat of much resource and ability is proved 
 by the success with which he directed his course during the 
 stormiest and most intricate period of English history. To 
 his interest in the temporal welfare of the colony the inhab- 
 itants themselves testified on several occasions. But neither 
 sectarian zeal nor mercenary motives seem sufficient to account 
 for his course. His firm stand in favor of toleration, main- 
 tained with consistency and impartiality for forty years against 
 Jesuit and Puritan alike, seems to indicate something more 
 and better than a wily policy which uses the cloak of toler- 
 ation to protect a single creed. In a word, the only probable 
 explanation of his policy seems to be found in that policy. It 
 was toleration chiefly for the sake of toleration. 
 
 In closing this second main division of the subject, the 
 conclusions reached may be summarized as follows : From 
 the beginning Baltimore intended that the colonists should 
 enjoy religious freedom. This policy he maintained by pro- 
 clamation and oaths, and successfully enforced against the 
 claims of canon law. His policy was gradually sanctioned 
 by the legislation of the colonists, and both his policy and 
 their legislation culminated in the Act of 1649, which was a 
 measure not of absolute but of large toleration. 
 
 ^ See the investigations of Mr. Davis in his * Day Star.' 
 
219] Church and State in Early Maryland, 31 
 
 III. — THE PEKIOD FROM THE ACT OF 1649 TO THE 
 PROTESTANT REVOLUTION OF 1689. 
 
 In treating this period the object will be to trace the 
 changes that took place in the policy of toleration already 
 established and to examine its practical working. The chief 
 points of interest will be the fate of this religious freedom 
 under Puritan control from 1654 to 1666, the status of Jews 
 and Quakers, and the effort made about 1676 to establish the 
 Church of England. 
 
 1. Religious Freedom under Puritan Government (1654-6). 
 
 It is needless to trace here in detail the events that placed 
 the government of Maryland in Puritan hands. No attempt 
 will be made to determine the right or the wrong of what 
 has, perhaps rightly, been called the Puritan Rebellion. 
 With political events as such this paper is not concerned. 
 For our purpose it is sufficient to notice that this revolution 
 in the government was caused, not by religious oppression, 
 which under the circumstances would have been absurdly 
 impolitic, and is sufficiently disproved by the previous policy 
 of the government and by the statement of a number of Prot- 
 estants in the Protestant Declaration of 1650,^ but by the 
 following three things : 
 
 1. The intolerant spirit of the growing Puritan element in 
 the colony, " while joyfully accepting freedom of worship for 
 themselves, they overlooked the fact that their neighbors, of 
 a different way of thinking, had freedom of worship also."^ 
 They had " scruples of conscience " about a variety of things. 
 " The fact, also, that the government which they had agreed 
 to support was bound not to molest Roman Catholics, 
 caused them many searchings of heart lest they should be 
 incurring the guilt of permission."^ 
 
 2. The contemporary events of the Puritan Revolution in 
 
 ^ Given in Scharf, I., 181. 
 
 2 Browne : George and Cecilius Calvert, p. 139. 
 
32 Church and State in Early Maryland, [220 
 
 England, which at once fired their discontented and intol- 
 erant spirits, and by impeding the Proprietary's movements, 
 gave them their opportunity. 
 
 3. The use which was made of these two elements of dis- 
 cord by Claiborne and other enemies of the government. 
 
 These facts are so generally admitted by the best historians 
 that it is unnecessary to cite the evidence in proof of them. 
 
 Turning to what most concerns our purpose, the legislation 
 under the Puritan government, we find that the Assembly 
 met in October, 1654; that from it were excluded all such 
 " as have borne Arnies in Warr against the Parliament or 
 doe profess the Roman Catholic Religion ";^ that it repealed 
 the Act of 1649^ and substituted the following Act concefrning 
 Religion :^ 
 
 " It is Enacted and Declared in the Name of his Highness 
 the Lord Protector with the Consent and by the Authority 
 of the present Generall Assembly that none who profess and 
 Exercise the Popish Religion Commonly known by the Name 
 of the Roman Catholick Religion can be protected in this 
 Province by the Lawes of England formerly Established and 
 yet unrepealed nor by the Government of the Commonwealth 
 of England Scotland and Ireland and the Dominions there- 
 unto belonging Published by his Highness the Lord protector 
 but are to be restrained from the Exercise thereof, Therefore, 
 all and Every person or persons Concerned in the Law afore- 
 said are required to take notice. 
 
 " Such as profess faith in God by Jesus Christ (though 
 Differing in Judgment from the Doctrine worship & Dis- 
 cipline publickly held forth shall nofc be restrained from but 
 shall be protected in the profession of the faith) & Exercise 
 of their Religion so as they abuse not this Liberty to the 
 injury of others. The Disturbance of the publique peace on 
 their part. Provided that this Liberty be not Extended to 
 
 ^ Archives, Council I., 313. 
 ^^ Archives, Assembly I., 351. 
 8 Archives, Assembly I., 340-1. 
 
221] Church and State in Early Maryland. 33 
 
 popery or prelacy nor to such as under the profession of 
 Christ hold forth and practice Licentiousness." 
 
 Comparing this with the Act of 1649, the most striking 
 difference is that, whereas the earlier act gave religious free- 
 dom to all professing to believe in Jesus Christ, this one 
 expressly prohibits the exercise of the Roman Catholic 
 religion. On the other hand, this act altogether omits the 
 extreme provisions of the other with regard to blasphemy 
 and reproaches uttered against the Virgin or the Evangelists, 
 as also those touching recriminations and the observance of 
 the Sabbath. Swearing is treated, according to the early 
 custom of the colony, as disorderly conduct and is provided 
 against in a separate and moderate act.^ The observance of 
 the "Sabbath " is also provided for in a separate act as strict 
 as the provisions of the act of 1649: "Noe work shall be 
 done on the Sabbath day but that which is of Necessity and 
 Charity to be done no Inordinate Recreations as fowling, 
 fishing, hunting or other, no shouting of Gunns be used 
 on that day Except in Case of Necessity/'^ 
 
 On the whole, the act of 1654 is the same as that of 1649 
 with two exceptions : 
 
 1. It omits the harsh provisions against blasphemy. 
 
 2. It excludes Catholics from its protection. 
 
 Both acts provide that religious liberty shall not infringe 
 upon the rights of the civil government. 
 
 After a series of events which concern only the political 
 history of the colony, Baltimore, on November 30, 1657, 
 regained possession of the government, and the former regime 
 was restored. Foreseeing his restoration, he had on October 
 23, 1656, ordered the act of 1649 to be again observed;^ and 
 in the articles of settlement of November 30, 1657, occurs 
 the provision (of which the revolutionists were now glad 
 
 ^Archives, Assembly I., 343. 
 ' Archives, Assembly I. , 343. 
 ^ Archives of Md., Council I., 325. 
 
34 Church and State in Early Maryland. [222 
 
 enough to avail themselves) that he should never consent to 
 its repeal.^ 
 
 Thus the period of Puritan control passed away without 
 leaving any formal change in the relation of State to Church. 
 But in less tangible ways its effects survived. No repeal of 
 laws can do away with the bitter feelings that arise in a civil 
 war, especially if the parties be separated by religious as well 
 as political differences. And the result of the strife that 
 attended this revolution is to be found in a feeling of intoler- 
 ance and dissatisfaction, which may be traced with more or 
 less clearness down to the Kevolution of 1689. 
 
 2. The Statics of Jews and Quakers. 
 
 The religious liberty granted by the act of 1649 was, as 
 has been said, not absolute. It was limited by two chief con- 
 ditions : profession of the Christian religion and submission 
 to the civil government. Nor were these limitations unim- 
 portant. The first excluded the Jew, and the second bore 
 heavily upon the Quaker. To examine the status of these 
 two classes is to trace, then, in part the practical operation of 
 the act. 
 
 There seem to have been very few Jews in Maryland dur- 
 ing this period, and the case of Dr. Lumbrozo will be suffici- 
 ent to show their condition. Mr. Davis, in a note in his * Day 
 Star,' thus states the case : " In the text I have referred to 
 Dr. Lumbrozo, the well known Jew (for he seems to have 
 observed no secrecy), who lived some time in Maryland, with- 
 out rebuke from the government, in the usual exercise of his 
 calling, and of the right to institute actions in the civil court. 
 We cannot doubt he was also allowed the quiet enjoyment 
 of his religion. But he was accused of blasphemy, and 
 although he fortunately escaped a trial, in consequence of 
 the pardon accompanying the proclamation in favor of 
 E-ichard, the son of the Lord Protector — a proclamation which 
 
 Archives of Md., Council I., 334. 
 
223] Church and State in Early Maryland. 35 
 
 was issued but a few days after the accusation — the case is 
 one which was instituted under the act of 1649/' ^ 
 
 The case of the Quakers is not so readily disposed of. 
 Their large numbers and the changes which their status 
 underwent warrant a fuller treatment. We shall therefore 
 state the early policy of the government towards them, then 
 say a few words as to its significance, and finally trace its later 
 development. The Quakers first entered Maryland about 
 1657.^ In that year some missionaries came from Virginia 
 and rapidly made proselytes. Thus arose a sect whose reli- 
 gious scruples brought them into conflict with the civil gov- 
 ernment on two points : taking oaths and bearing arms. Both 
 these things were vitally connected with the system on which 
 the government was administered, and the law was accord- 
 ingly enforced against them. ' In the first year (1658), accord- 
 ing to Besse, some forty persons at least were punished, chiefly 
 by fines, but sometimes by whipping. 
 
 As to the significance of these facts several things are to 
 be said. 
 
 1. The rise of the Quakers was so sudden and their tenets 
 so novel that they were not fully understood. They seemed 
 merely insolent fellows who ^*at the Court, in contempt of 
 an order then made and proclaimed, would presumptuously 
 stand covered," and asserted that " they were governed by 
 God's lawe and the light within them and not by man's 
 lawe."* 
 
 2. Their claims to exemption from military duty and from 
 the customary oaths struck squarely at what were considered 
 two essential features of the colonial government. 
 
 3. To allow the customary oaths to be omitted by jurymen 
 or in testamentary matters would have been a dangerous 
 innovation on English Common Law, and might on that 
 
 ^ Day Star, p. 65. 
 
 * See J. S. Norris, The Early Friends in Maryland. 
 3 See Archives of Md., Council I., 348-50, 352, 363, and the cases cited 
 in Besse, Sufferings of the Quakers, II., 378-80. 
 ^Archives, Council I., 353. 
 
36 Church and State in Early Maryland. [224 
 
 ground have been construed as contrary to the charter and 
 have involved the Proprietary in complications in England. 
 
 4. As the Upper House said in 1662/ the omission of oaths 
 would have rendered " all Testimonyes taken in this Province 
 invalid in any court in England or other plantations." 
 
 But what could, or ought to, have been done it is not our 
 duty to decide. The policy that was adopted by the govern- 
 ment has been stated. The changes that took place in this 
 policy must now be traced. The Quakers increased rapidly 
 in numbers and influence. Fox's visit to Maryland in 1672 
 greatly strengthened them.^ Prominent men became Quakers 
 and Quakers became prominent men.^ As they increased 
 in influence and were better understood, the attitude of the 
 government toward them became more favorable. Their chief 
 trouble seems to have arisen from the necessity of taking 
 oaths. Several attempts were made to substitute " Yea " and 
 "Nay"; for example, in 1662,'* in 1674,^ and in 1681. « These 
 all failed, and those who refused the oaths were fined.^ 
 
 In 1688 Baltimore issued a proclamation dispensing with 
 oaths in testamentary cases.^ This gave some relief and was 
 gratefully acknowledged by the Quakers.^ But although the 
 fact that Thurston was excused from the oath of fidelity in 
 1688 ^^ indicates an occasional leniency of administration, yet 
 not until 1702 was an act passed entirely relieving them from 
 all necessity of taking oaths. 
 
 ^ Archives, Assembly I. , 437. 
 
 2Fox, Journal, II., 124. 
 
 3 Day Star, 77, and Norris, p. 15. 
 
 * Archives of Maryland, Assembly I., 436-7. 
 
 6 Archives of Maryland, Assembly II., 355-6, 424, 426, 428, 431-2, and 
 Norris, p. 19 and note. 
 
 « Archives of Maryland, Assembly III., 174, 175, 179, 184-5, and Besse,, 
 II., 387. 
 
 'Besse, IL,387. 
 
 8 Archives, Council III., 57. 
 
 9Besse, II.,387. 
 
 »o Council III., 63. 
 
225] Church and State in Early Maryland. 37 
 
 3. The Attempt to Establish the Church of England (1676). 
 
 In examining this movement we shall consider, first, its 
 history ; second, its results ; and third, the state of religious 
 freedom in the colony at the time. 
 
 1. The movement made in 1676 to introduce an established 
 church seems not to have been the first of its kind in the 
 history of Maryland. 
 
 In the Colonial Assembly of 1661 there had been introduced 
 an " Act for Mayntenance for Ministers,'^ which was voted 
 to be '^altogether insufficient and short of the thing aymed 
 att.''^ 
 
 In 1666 a motion had been made " Concerning the settling 
 of ministers in every County of this Province," as is indicated 
 by the following entry in the records : 
 
 " A Member of the howse informes the Speaker that Mr 
 Bretton Clerk of the Assembly did reuyle Mr Rob* Burle, 
 calling him ffactious fellow. Vppon a Motion wch the sd 
 Burle made in this howse. Concerning the settling of Minis- 
 ters in Every County of this Province. The wch was attested 
 by Mr Willm Coursey, one of the Members of this howse. 
 
 "Uppon wch Informaon the howse tooke itt into their 
 Consideraon, And vppon Mr. Brettons humble submission to 
 the howse, & tht perticular Member, & his humble request 
 that this howse would please att this time to remitt the sd 
 oiFense. The wch hee hereby acknowledges hee is guilty of. 
 And that hee did not speake or utter those words out of any 
 abusive intent, But [occa]sioned through some distemper att 
 that [time]."'-^ 
 
 Both these motions seem to have failed, and are important 
 only as forerunners of the events which cluster about the 
 year 1676. To these we now pass. On May 25, 1676, the 
 Rev. Mr. Yeo, a clergyman of the Church of England, who 
 resided in Maryland, wrote the following letter to the Arch- 
 bishop of Canterbury : 
 
 ^Archives, Assembly I., 404-6. ^ 
 
 ^Archives, Assembly II., 86. 
 
38 Church and State in Early Maryland. [226 
 
 " Most Reverend Father 
 
 " Pleased to Pardon this Presumption of mine in presenting 
 to Yo'' serious view these Rude & indigested lines w^^ (with 
 humble Submission) are to acquaint Yo^ Grace with the 
 Deplorable estate & condition of the Province of Maryland 
 for want of an established Ministry here are in this Province 
 tenn or twelve Countys & in them at least twenty thousand 
 Soules & but three Protestant ministers of us th^ are Conform- 
 able to the Doctrine & Discipline of the Church of England 
 others there are (I must confess) tht Runn before they are 
 Sent & Pretend they are Ministers of the Gospel 1 th* never 
 have a Legall call or Ordination to such an holy office, neither 
 (indeed) are they qualified for it being fore the most part such 
 as never understood any thing of learning & yet take upon 
 them to be Dispencers of the word & to Administer Sacra- 
 ment of Baptisme & sow seeds of Divission amongst the Peo- 
 ple & noe law Provided for the Suppression of such in this 
 Province soe th* here is a great Necessitie of able & learned 
 men to confut the gaine sayer espetially having soe many 
 Profest enemies as the Popish Priests & Jesuits are, who are 
 incoraged & Provided for & the Quaker takes care & pro- 
 vides for those th* are Speakers in their conventicles, but noe 
 care is taken or Provision made for the building up Christ- 
 ians in the Protestant Religion by means whereof not only 
 many Dayly fall away either to Popery, Quakerism or Phana- 
 ticisme but alsoe the lords day is prophaned. Religion despised, 
 & all notorious vices committed soe th* it is become a Sodom 
 of uncleaness & a Pest house of iniquity, I doubt not but Yo*" 
 Grace will take it into Consideration tfe do Yo"" utmost for 
 our Eternall welfare, & now is the time th* Yo"" Grace may 
 be an instrument of a universall reformation amongst us with 
 greatest facillity Cacillius Lord barron Baltimore, & absolut 
 Proprietor of Maryland being dead & Charles lord Barron 
 of Baltimore & our Governour being bound for England this 
 year (as I am informed) to Receive a farther confirmation of 
 th* Province from his Majestic at w''^ time I Doubt but Yo'' 
 Grace may soe prevaile with him as th* a maintenance for a 
 
227] Church and State in Early Maryland. 39 
 
 Protestant ministry may be established as well in this Pro- 
 vince as in Virginia, Barbados & all other his Majesties 
 Plantations in west indies & then there will be incoragement 
 for able men to come amongst us, & th* some Person may 
 have power to examine all such Ministers as shall be admitted 
 into any County or perish in w^ Diocis & by w* Bishop they 
 were Ordained, & to Exhibit their Irs of Orders to testify the 
 Same, as yet I think the Generallitie of the people may be 
 brought by Degrees to a uniformitie. Provided we have more 
 ministers th* were truly Conformable to our mother the 
 Church & non but such Suffer to preach amongst us, as for 
 my own part (God is my witness) I have done my utmost 
 indeavour in order there unto, & shall (by God's assistance) 
 whiles I have a being here give manifest Proof of my faith- 
 full Obedience to the Canons & Constitutions of our Sacred 
 Mother, Yet one thing cannot be obtained here (viz) Conse- 
 cration of Churches & Church Yards to the end th* Christ- 
 ians might be Decently buried together, whereas now they 
 bury in the several Plantations where they lived, unless Yo"" 
 Grace thought it Sufficient to give a Dispensation to some 
 Pious minister (together with ther maner and form) to do 
 the same, & ConjSdent I am th* you will not be wanting in 
 any thing th* may tend most to God's Glorie & the goods of the 
 Church by w®^ you will engage thousands of Soules to pray 
 for Yo^ Graces everlasting happiness, but especially 
 " Yo'" Most Obedient Son 
 "Servt 
 
 " John Yeo " ' 
 
 The Archbishop undertook the task, and in the following 
 letter commissioned the Bishop of London to attend to the 
 matter : 
 
 " From the Archbishop of Canterbury to the Lord London. 
 
 Croydon, August 2nd 1676. 
 My Lord, The inclosed came lately unto me, and from a 
 
 ^ Archives, Council II., 130-1. 
 
40 Church and State in Early Maryland, [228 
 
 person altogether unknown. The design therein proposed, 
 seem's very honest and is in itself so laudable that I conceive 
 it concern's us by all means to promote it : If your Lordship 
 shall please to remember it, when the Lord Baltamores affaires 
 comes to be considered of at the Council Table, I make no 
 question but there may be a convenient opportunity to obtain 
 some settled revenue for the Ministry of that place as well as 
 the other plantations ; when that is once done, it will be no 
 difficult matter for us to supply them with such as are of com- 
 petent abilities to undertake the employment and withall such 
 as we know to be both regular and conformable. I bid your 
 Lordship heartily farewel and am My Lord your Lordships 
 *' Most affect. Friend and Brother 
 
 " Gilb : Cant :" ^ 
 
 Some time in 1676 there was addressed to the king a curious 
 and extravagant " Complaint from Heaven with a Hue and 
 Crye and a petition out of Virginia and Mary land,'' in which, 
 among other requests, is the following: "That Protestant 
 Ministers and free schools and glebe lands may be errected 
 and established in every country, notwithstanding liberty of 
 conscience and maintained by the people." ^ 
 
 The Bishop of London seems to have executed the commis- 
 sion of the Archbishop of Canterbury and to have presented 
 Yeo's letter to the Committee for Trade and Plantations, for 
 on the records, just after the letter from the Archbishop, 
 appears the following entry : " Reed from the Lord London 
 8. August 1676. With a letter from John Yeo Minister in 
 Maryland to the Archbishop of Canterbury. Read the 19th 
 of July 1677."^ 
 
 He was present at the meeting of this Committee on July 
 19, 1677, which took the affair into consideration. The fol- 
 lowing extract from the records gives their proceedings : 
 
 ^Archives of Maryland, Council II., 132. 
 ^Archives of Maryland, Council II., 149. 
 'Archives of Maryland, Council II., 132. 
 
229] Church and State in Early Maryland. 41 
 
 "There is read a letter directed to the Archbishop of Canter- 
 bury from a Minister of Maryland of the 6*^ of May 1676 
 which by a letter from his Grace had been transmitted to my 
 Lord BP of London complaining of the abuses in the religion 
 and morality of the inhabitants, occasioned by the discourage- 
 ment of the Protestant Ministry and want of provision for 
 such as are conformable to the Church of England and pray- 
 ing that care bee taken for the establishing and settlement of 
 the Orthodox religion as in other parts of the West Indies. 
 After which the law of Maryland concerning Religion per- 
 mitting liberty of conscience and a free exercise of service to 
 all persons and sects professing to beleeve in Jesus Christ. 
 Whereupon the Lord Baltemore is called in who offers a paper 
 declaring the present state of the Christian Religion in Mary- 
 land and the difficulty to establish any setled maintenance by 
 law for the Ministry of the Church of England there being so 
 few of that perswasion, among soe great numbers of other 
 sectaries. Which being read their Lordships take notice of 
 the fitness that a setled maintenance bee provided by an Act of 
 the Country for a sufficient number of Orthodox Ministers, 
 to which my Lord Baltimore seemed to consent and then 
 withdrew. 
 
 " Their Lordships doe therefore agree to write a letter to 
 my Lord Baltemore taking notice of the scandalous way of 
 living and desiring his Lordship to give orders that either 
 those Laws now in force be put in execution or that if they 
 be not sufficient to restrain it other Laws may bee enacted to 
 that purpose. 
 
 " And whereas there is at present noe setled allowance for 
 Orthodox Ministry their Lord^^ will desire that Inquiry 
 bee made what number of Protestants that conforme to the 
 Church of England there is at present in his Lord^^ Prov- 
 ince and what allowance they would agree to settle in the 
 several Precincts for the encouragement of learned Ministers 
 and that endeavour e bee made to ascertaine by a law of the 
 Country, a sufficient salary for their subsistence. 
 
42 Church and State in Early Maryland. [230 
 
 " That an account be returned from those parts of the 
 present number of Protestant families and congregations of 
 the Ministers now settled there what allowances they enjoy 
 and how many others are wanting for the supply of the whole 
 Colony. That their Lord^^ bee informed of the state of the 
 several religions dissenting from the Charch of England in 
 relation to the number of their adherents, teachers, settlement 
 or provision made for their maintenance And in general of 
 the number condition and perswasions of all Planters. Which 
 account the Lord Baltemore is to require from his Deputy 
 Governor and Council and to return it to their Lordships 
 with all possible speed. Mem^"' Their Lo^' think fit that 
 when allowances are settled by law in Maryland and oth^r 
 parts according to theabilityes of the inhabitants some meanes 
 bee found out here for the charitable supply of what shall be 
 wanting for the subsistence of the Ministers. As alsoe the 
 several Governors are to find out some farther encourage- 
 ment for them when they have been there some time either 
 by assigning them lands or otherwise." ^ 
 
 The paper in which Baltimore explained the state of relig- 
 ious affairs in the province is as follows : " Whereupon the 
 Lord Baltemore presents a Paper setting forth the Present 
 State of Religion in Maryland, viz : That for the encourage- 
 ment of all such persons as were desirous and willing to 
 adventure and transport themselves & families into the Prov- 
 ince of Maryland a law there made by the advice and consent 
 of the Delegates of the Freemen concerning Religion, wherein 
 a toleration is given to all persons beleeving in Jesus Christ 
 freely to exercise their Religion & that no person of what 
 judgement soever, beleeving as aforesaid should at any time 
 be molested or discountenanced for or in respect of his 
 Religion or in the free exercise thereof and that noe one 
 should be compelled to the beliefe or exercise of any other 
 against his consent. Upon this Act the greatest part of the 
 people and Inhabitants now in Maryland have settled them- 
 
 ^ Archives of Maryland, Council II., 261-2. 
 
231] Church and State in Early Maryland. 43 
 
 selves & families there & for these many years this tolera- 
 tion & liberty has been known and continued in the Govern- 
 ment of that Province. 
 
 " That those Persons of the Church of England there who 
 at any time have encouraged any Ministers to come over unto 
 that Province have had several sent unto them as at this time 
 there are residing there foure that the L^ Baltemore knows 
 of who have Plantations & settled beings of their owne and 
 those that have not any such beings are maintained by a 
 voluntary contribution of their own persuasion, as others of 
 the Presbiterians, Independents, Anabaptists, Quakers & 
 Romish Church are. 
 
 " That in every Country in the Province of Maryland there 
 are a sufficient number of Churches and Houses called Meet- 
 ing Houses for the people there and these have been built 
 and are still kept in good repaire by a free and voluntary 
 contribution of all such as frequent the said Churches and 
 Meeting Houses. 
 
 " That the Laws of that Province have been ever made by 
 the advice and consent of the Freemen by their Delegates 
 assembled as well as by the Proprietor and his Council and 
 without the consent of all these no Law there has been made. 
 
 "The greatest part of the inhabitants of that Province 
 (three of four at least) doe consist of Proesbiterians, Indepen- 
 dents, Anabaptists and Quakers, those of the Church of Eng- 
 land as well as those of the Romish being the fewest, so that 
 it will be a most difficult task to draw such persons to con- 
 sent unto a Law, which shall compel them to maintain 
 Ministers of a contrary persuasion to themselves, they having 
 already an assurance by that Act for Religion that they have 
 all freedom in point of Religion and Divine Worship and noe 
 penalties or payments imposed upon them in that particular. 
 That in Carolina, New Jersey and Roade Island, the inhab- 
 itants for the peopling of those places have had and still have 
 the same toleration that those in Maryland have." ^ 
 
 ^Archives of Maryland, Council II., 133-4. 
 
44 Church and State in Early Maryland. [232 
 
 The final action of the Committee is somewhat more fully 
 stated in the following extract from the letter which they wrote 
 to Baltimore : " Wee are likewise informed of another par- 
 ticular from whenever Wee have reason to beleeve, that this 
 disorderly & wicked kind of living of the Inhabitants proceeds 
 in a great measure ; w*^^ is that there is no custom establisht 
 allowance for the Ministers of the Gospell whereby able, Sober 
 & Learned men might be invited to go over to instruct them, 
 & especially in the Protestant E-eligion according to the 
 Church of England, w^^ is the cause that there is a great 
 want of able Ministers there. As Wee know how fit & nec- 
 essary it is to have that want supplyed, as Wee likewise 
 think it very convenient that it should be done without 
 Imposing any burden upon the Inhabitants other than that 
 they are willing freely to Settle for the Support of their 
 Ministers. In order whereunto Wee desire that your Lo^ 
 will write to the Governour and Councell of Maryland, to send 
 over an acco* hither w*^ as much speed as may bee ; How 
 many Ministers of the Protestant Religion according to the 
 Church of England are now w^Hn the s*^ Plantacon & what 
 Settlements and allowances they respectively have ; And to 
 the end they may be Supplyed w*^ Ministers where they are 
 wanted Wee desire yo'" Lo^ to direct the s^ Govern^ & 
 Councell to take an acco* of all the Protestant Families there 
 & the value of their respective plantacons, & then considering 
 their Situations in respect of distance one from the other to 
 see how many Congregations they may make up, that so they 
 may be accordingly Supplyed w*^ Ministers, And this being 
 done Wee desire your Lo^ to give direction to the s^ Govern'' 
 <& Councell to enquire what each respective Congregation 
 will be freely willing to Settle for the Maintenance of an able 
 Minister, And when the s*^ persons shall have agreed upon 
 such Certain allowances as afores^, that then upon the desire 
 of the 8*^ persons s^ Govern'' & Councell doe endeavour to 
 have the same Enacted into a Law as is practised in other his 
 Ma" platacons. And of this whole matter wee desire to 
 
233] Church and State in Early Maryland. 45 
 
 have an account w^^ as much speed as conveniently may 
 be."^ 
 
 In compliance with the requests contained both in this 
 letter and in a sort of circular letter previously sent him,^ 
 Baltimore replied^ on March 26, 1678, that there were no 
 parishes in Maryland, that it was impossible to say precisely 
 what were the relative proportions of the religious sects, and 
 that if he should order an investigation it would disturb the 
 peace of the province, which regarded religious freedom as 
 one of its most cherished rights. 
 
 2. The formal result of the whole movement is contained 
 in the action of the Committee for Trade and Plantations, 
 who seem, from the extracts above quoted, to have recom- 
 mended a limited establishment of the Church of England, 
 including only those colonists who were members of that 
 church and supported by them alone. This support was to 
 be assumed voluntarily ; but, once assumed, the government 
 was to see to it that it became incorporated into the law of 
 the colony. 
 
 Precisely what force this action had it is difficult to say. 
 Its language is that rather of recommendation than of com- 
 mand, and such Baltimore seems to have considered it, for 
 no steps were taken towards the introduction of any system 
 of establishment. 
 
 So far, then, as concerns tangible results, this attempt was 
 a failure. But it was not the first or the last of its kind. It 
 was part of an historical movement, whose growth it shows, 
 and formed a precedent for a later attempt which succeeded. 
 
 3. The events and documents of this period furnish some 
 slight but interesting information as to the actual extent of 
 toleration in the colony. 
 
 Baltimore's two letters above quoted state that no church 
 is supported by the government, but all depend on voluntary 
 
 ^Archives of Maryland, Council II., 253. 
 ^Archives of Maryland, II., 129-30. 
 'Archives of Maryland, Council II., 264-9. 
 
46 Church and State in Early Maryland. [234 
 
 contributions (a statement which is confirmed by Yeo's letter), 
 and that the right to religious freedom is jealously guarded 
 by the inhabitants, who consist of Presbyterians, Independ- 
 ents, Anabaptists, Quakers, Members of the Church of Eng- 
 land, and Roman Catholics, the last two classes being the 
 smallest in numbers. While taking a firm stand against 
 establishment in any form, Baltimore seems to have welcomed 
 and in other respects to have assisted the clergymen of the 
 Church of England. In 1681 Ambrose Sanderson was recom- 
 mended ^ to him by the Council as a suitable person to give 
 instruction to the Protestants in the colony. Upon a similar 
 endorsement by the Bishop of London, in 1685 he recom- 
 mended ^ Paul Bertrand to the government in Maryland. In 
 1685 he similarly recommended ^ Mr. Willymot. 
 
 In connection with these facts should be noted the follow- 
 ing assertion of partiality to Roman Catholics : " Letter from 
 the Councill to the Lord Baltimore about partiality to Papists 
 in Maryland. 
 
 12th October 1681 
 
 After Our hearty Commendacon to your Lordship, Infor- 
 mation having been given unto Us, That there are very few 
 of his Ma*^^^ Protestant Subjects admitted to be of the Coun- 
 cill of the Colony of Maryland, and that there is partiallity and 
 favour shewed on all occasions towards those of the Popish 
 Religion to the discouragement of his Maj"^'' Protestant 
 Subjects which We hope may proceed from misrepresentacon 
 yett Wee cannot but take notice thereof unto your Lordship 
 praying and requiring you to cause the same if true to be 
 speedily redressed, and that in the distribution of the Armes 
 and Ammunition (which at the request of your agent Nicholas 
 Lowe Merchant, Wee have permitted to be transported 
 for the Defence of that place) your Lordship do express your 
 trust and confidence in His Maj^^®^ Protestant Subjects by 
 
 ^Archives of Maryland, Council II. , 300. 
 ^Archives of Maryland, Council II., 461. 
 ^Archives of Maryland, Council II., 466-7. 
 
235] Church and State in Early Maryland, 47 
 
 putting the said Armes into their hands. And so being con- 
 fident of your readiness to answer our expectation in these 
 particulars Wee bid your Lordship heartily farewell &c. 
 
 " Signed," etc.^ 
 
 An investigation revealed the falsity of the charge in 
 respect to the distribution of offices and arms. The facts are 
 still preserved^ and leave no room for doubt. The general 
 charge of discrimination against Protestants is at least ren- 
 dered improbable by the declaration drawn up by Baltimore^ 
 and signed by a number of the prominent colonists who were 
 members of the Church of England. This declaration, after 
 mentioning the charge of partiality, says : 
 
 " We, therefore the subscribers professing the Gospell of 
 Jesus Christ according to the Litturgy of the Church of 
 England and Protestants against the Doctrine and Practice 
 of the Church of rome. Subjects also to his Majestic the King 
 of Great Brittain &c., and residents as aforesaid, esteeming 
 ourselves (as indeed we are) everyone therein particularly 
 & nearly concerned, hold ourselves in conscience and duty 
 obliged by this our impartial, true and sincere remonstrance 
 or Declaration to unfold the naked truth and to undeceive the 
 minds of those before whose eyes the mist may have been 
 against cast, and to purge his Lordship & this Government, 
 whereof we are, from all those false, scandalous and malicious 
 aspertions, which the venemous blasts of such inveterate, 
 malignant, turbulent spirits have cast thereon. And there- 
 fore in the first place, we doe hereby unanimously acknowledge 
 & publish to the world the general freedom & privi ledge 
 which we and all persons whatsoever Inhabitants of this 
 Province, of what condicion soever, doe enjoy in our lives, 
 liberties and estates under this His Lordship^s Government 
 according to the grand priviledges of Magna Charta, as effec- 
 tually and in as full & ample manner to all intents and 
 
 'Archives of Maryland, Council II., 800-1. 
 2 Archives of Maryland, Council II., 309-10. 
 ^Archives of Maryland, Assembly III., 314. 
 
48 Church and State in Early Maryland. [236 
 
 purposes, as any of his Majesties Subjects within any part 
 of His Majesties dominions whatsoever with the free &> 
 public exercise & enjoyment of our religion whatsoever it 
 be, whether Protestant or other professing the name of Jesus, 
 according to an Act of Assembly of this Province in that case 
 made out & provided, and to which we and the whole Prov- 
 ince in general either by ourselves or our representatives in 
 a Generall Assembly have given our assent. We doe also 
 declare and make known that besides our owne experience 
 we have observed his Lordshipp's favours impartially dis- 
 tributed, and Places of Honor, trust and profit conferred on 
 the most qualified for that purpose and service, without any 
 respect or regard had to the religion of the participants, of 
 which generally and for the most part it hath so happened 
 that the Protestants have been the greatest number," etc.^ 
 
 On the whole, it seems probable that these charges origin- 
 ated, as Baltimore claimed,^ in the really mild measures 
 which had been adopted to put down the rebellion of Fendall 
 and Coode. Our conclusion with regard to this period may 
 be summarized as follows : Puritan control left no per- 
 manent constitutional results. Under it the toleration previ- 
 ously established was so restricted as to exclude Roman 
 Catholics. When the government ceased to be exclusively 
 in Puritan hands the old policy was restored. Under it Jews 
 had no religious rights and lived in peace only so long as 
 their belief was overlooked, and Quakers were punished for 
 resisting the civil government by refusing to take oaths and 
 bear arms. The status of the Jew remained practically the 
 same, but that of the Quaker gradually improved until in 
 1702 he was entirely relieved from all oaths. The attempt 
 to establish the Church of England in 1676 failed, but gave 
 another precedent for the movement which later succeeded. 
 From the Puritan revolution of 1654 to the Protestant 
 revolution of 1689 religious toleration was the policy of the 
 
 'Archives of Maryland, Council II., 353-4. 
 ^Archives of Maryland, Council II., 312. 
 
237] Church and State in Early Maryland. 49 
 
 government and seems in the main to have been impartially 
 administered. 
 
 rV. ^THE PROTESTANT REVOLUTION OF 1689 AND THE 
 
 ESTABLISHMENT OF THE CHURCH OF ENGLAND. 
 
 To discuss the political history of this revolution is not our 
 task. No attempt will be made to determine how largely it 
 was an echo of contemporary events in England and how 
 largely it was an independent movement arising from local 
 causes. From our standpoint it is interesting for two reasons 
 only : first, because during its course charges were brought 
 of intolerance on the part of the Maryland government ; 
 second, because it led to the establishment of the Church of 
 England. But even the first of these two points cannot here 
 be discussed in detail. The records contain many charges of 
 intolerance on the part of Catholics and Protestants, and also 
 many denials ; and to both are attached long lists of attestors' 
 names. But these statements are so colored by passion that 
 no positive conclusion can be drawn from them. Careful 
 investigation of their truth would, in the present incomplete 
 state of the records, necessitate too lengthy a balancing of 
 evidence and would yield too indefinite a result to be 
 attempted here. So far as these charges touch earlier periods, 
 the facts have already been stated. So far as they concern 
 the time of the revolution, they are for that very reason com- 
 paratively unimportant, for the administration of a policy 
 during its own death struggle is uot of scientific importance. 
 
 With regard to the second point mentioned, namely, the 
 establishment of the Church of England, not much needs to be 
 said. The revolution put the government exclusively in the 
 hands of the Protestants. At their request the Crown took 
 charge of the province and sent out .a royal governor, who 
 upon his arrival summoned an Assembly. The second act^ 
 passed by this Assembly established the Church of England in 
 
 ^ See Manuscript Records, Liber L. L. No. L, p. 2 sq. 
 
50 Church and State in Early Maryland. [238 
 
 the province. It was passed June 2, 1692. By it there 
 was " provision made for dividing all the counties into par- 
 ishes, and the election of vestrymen for each, for the conser- 
 vation of the church interests ; and a poll tax of forty pounds 
 of tobacco imposed upon every taxable of the province, to 
 build churches and sustain their ministers. Thus was intro- 
 duced, for the first time in Maryland, a church establishment, 
 sustained by law and fed by general taxation." ^ 
 
 With this event our task ends. We have examined the 
 relation of Church and State from the founding of the colony 
 to 1692, and have found that religious freedom arose not 
 from the charter but from the policy of the Proprietary, 
 Cecilius Calvert, and from the cooperation of the colonial 
 government and of the colonists themselves ; that it culmin- 
 ated in the act of 1649, which granted, not absolute, but large 
 toleration ; that this policy was restricted during the period 
 of Puritan control, but was afterwards restored, and, in the 
 main, administered wdth impartiality; that several attempts 
 were made to introduce an establishment, but they all 
 failed until 1692 ; that in that year there was introduced by 
 act of Assembly " a church establishment sustained by law 
 and fed by general taxation." To trace the development of 
 that establishment must be a separate undertaking. 
 
 » McMahon'sMcvyland, I., 243. 
 
 "01? THE 
 
THE JOHNS HOPKINS PEESS, 
 
 BALTIMORE. 
 
 I. American Journal of Mathematics. S. Newcomb, Editor, and T. 
 
 Craig, Associate Editor. Quarterly. 4to. Volume XIV in progress. $5 
 per annum. 
 
 II. American Chemical Journal. I. Remsen, Editor. 8 nos. yearly. 8vo. 
 Volume XIV in progress. $4 per volume. 
 
 III. American Journal of Philology. B. L. Gildersleeve, Editor. 
 Quarterly. Svo. Volume XIII iu progress. $3 per volume. 
 
 IV. Studies from the Biological Laboratory. H. N. Martin, Editor, and 
 W. K. Brooks, Associate Editor. Svo. Volume V in progress. $5 per 
 volume. 
 
 V. Studies in Historical and Political Science. H. B. Adams, Editor. 
 Monthly. Svo. Vol. X in progress. $3 per volume. 
 
 VI. Johns Hopkins University Circulars. 4to. Volume XI in progress. 
 $1 per year. 
 
 VII. Johns Hopkins Hospital Bulletin. 4to. Monthly. $1 per year. 
 
 VIII. Johns Hopkins Hospital Reports. 4to. $5 per volume. 
 
 IX. Contributions to Assyriology, etc. Vol. I ready. $8. 
 
 X. Annual Report of the Johns Hopkins University. Presented by the 
 President to the Board of Trustees. 
 
 XI. Annual Register of the Johns Hopkins University. Giving the list of 
 olflcers and students, and stating the regulations, etc. Published at the 
 close of the academic year. 
 
 Rowland's Photooraph of the Normal Solar Spectrum. New edition now 
 
 ready. Set of ten plates, mounted. $20. 
 The Oyster. By William K. Brooks. 240 pp. 12mo. ; 14 plates. $1.00. 
 The Teaching op the Apostles (complete facsimile edition). J. Rendel 
 
 Harris, Editor. 110 pp. and 10 plates. 4to. $5.00, cloth. 
 Observations on the Embryology op Insects and Arachnids. By Adam T. 
 
 Bruce. 46 pp. and 7 plates. 4to. $3.00, cloth. 
 Selected Morphological Monographs. "W. K. Brooks, Editor. Vol. I. 
 
 370 pp. and 51 plates. 4to. $7.50, cloth. 
 Reproduction in Phototype of a Syriac MS. with the Antilegomena 
 
 Epistles. I. H. Hall, Editor. $3.00, paper ; $4.00, cloth. 
 Studies in Logic. By members of the Johns Hopkins University. C. S. 
 
 Peirce, Editor. 123 pp. 12mo. $3.00, cloth. 
 New Testament Autographs. By J. Rendel Harris. 54 pp. Svo ; 4 plates. 
 
 50 cents. 
 The Constitution of Japan, with Speeches, etc., illustrating its significance. 
 
 48 pp. 16mo. 50 cents. 
 Essays and Studies. By Basil L. Gildersleeve. 520 pp. small 4to. $3.50, 
 
 cloth. 
 
 A full list of publications will be sent on application. 
 Communications in respect to exchanges and remittances may be sent 
 to The Johns Hopkins Press, Baltimore, Maryland. 
 
ff^E 
 
 (RIEDENWALD ^O. 
 
 ©MINTING, 
 
 IjIfPHOGI^APHING, 
 
 SJooD Gngp^aying, 
 
 Booi^ Binding. 
 
 laltimopc, ^utow anb ©cpmon c^ts. 
 
 IBalti^vioi^e, JAtd. 
 
 ihe Leading jlouse of the Jivi Pveseivative ia Balticiore. 
 
 Printers of The American Journal of Philology, American 
 
 Chemical Journal, American Journal of Mathematics, 
 
 Studies from the Biological Laboratory, Studies 
 
 IN Historical and Political Science, issued 
 
 BY THE Johns Hopkins University. 
 
 ESTIMATES CHEERFULLY SUBMITTED. 
 
PERIODICALS PUBLISHED BY 
 
 FELIX ALCAN 
 
 108 BOUIiEVARD SAIWT-GERMAIBT, 
 
 Revue Historique. 
 
 Edited by M. Q-. MONOD, Lecturer at the Ecole JVornale Su-piriewt, Adjunct Director 
 of the Ecole des Ilautes Etudes, 
 
 17th Tear, 1892. 
 
 The "Revue Historique" appears bi-monthly, making at the end of the year three 
 volumes of 500 pages each. 
 
 Each number contains: I. Several leading articles, Including, if possible, a complete 
 thesis. 11. Miscellanies, composed of unpublished documents, short notices on curious 
 historical points. III. Historical reports, furnishing information, as complete as possible, 
 touching the progress of historical studies. IV. An analysis of periodicals of France and 
 foreign countries, from the standpoint of historical studies. V. Critical reports of new 
 historical works. 
 
 By original memoirs in each number, signed with the names of authorities in the 
 science, and by reports, accounts, chronicles and analysis of periodicals, this Review 
 furnishes Information regarding the historical movement as complete as is to be found In 
 any similar review. 
 
 Earlier series are sold separately for 30 frs., single number for 6 frs., numbers of the 
 first year are sold for 9 frs. 
 
 Price of subscription. In Postal Union, 33 frs. 
 
 Annates de i'Ecole Libre des Sciences Politiques. 
 
 Published iri-monthly by the cooperation of Professor's and Former Pupils of the College. 
 7 tit Year, 1893. 
 
 Committee of publication : MM. Boutmy, Director of the College ; Leon Say, Member of 
 the Acad6mle Frangalse, formerly Minister of Finance ; A. de Foville, Professor at the 
 Conservatory of Arts and Trades, Chief of the Bureau of Statistics In the Ministry of 
 Finance (Ti-easury Department); R. Stoubm, formerly Inspector of the Finances and 
 Administrator of Indirect Taxes; AUG. Abnaune; A. RiBOT, Deputy; Gabbiel Alix; L. 
 Renault, Professor at the Law College of Paris; Andre Lebon, Chief of the Cabinet ot 
 the President of the Senate; Albebt SOREii ; Pigeonneau, Substitute Professor at the 
 College de Paris ; A. Vandal, Auditor of the First Class. 
 
 The subjects treated Include the whole field covered by the programme of Instruction : 
 Political Economy, Finance, Statistics, Constitutional History, Public and Private Inter- 
 national Law, Law of Administration, Comparative Civil and Commercial Legislation, 
 Legislative and Parliamentary History, Diplomatic History, Economic Geography, Ethno- 
 graphy. The Annals besides contain Bibliographical Notices and Foreign Correspondence. 
 
 Subscription in Postal Union, 19 frs. 
 
 Revue Philosophique de la France et de I'Etranger. 
 
 Edited by TH. RiBOT, Professor at the College of France. 
 17tli Year, 1892. 
 
 The " Revue Philosophique " appears monthly, and makes at the end of each year two 
 volumes of about 680 pages each. 
 
 Each number of the "Revue" contains: 1. Essays. 2. Accounts of new philosophical 
 publications, French and foreign. 3. Complete accounts of periodicals of foreign coun- 
 tries as far as they concern philosophy. 4. Notes, documents, observations. The earlier 
 series are sold separately at 30 frs., and at 3 frs. by number. In Postal Union, 33 frs. Sub- 
 scriptions to be paid in advance. 
 
 Payment may be for the periodicals through postal orders. The publisher will allow 
 all expenses for money orders to be charged to him. 
 
The American Journal of Archjiology 
 
 AND OF THE 
 
 HISTOEY OF THE FINE ARTS. 
 
 The Journal is the organ of the Archaeological Institute of America and of the 
 American School of Classical Studies at Athens, and it will aim to further the 
 interests for which the Institute and the School were founded. It treats of all 
 branches of Archaeology and Art History: Oriental, Classical, Early Christian, 
 Mediaeval and American. It is intended to supply a record of the important work 
 done in the field of Archgeology, under the following categories : I. Original Articles ; 
 II. Correspondence from European Archseologists ; III. Reviews of Books ; IV. 
 Archaeological News, presenting a careful and ample record of discoveries and in- 
 vestigations in all parts of the world ; V. Summaries of the contents of the principal 
 archaeological periodicals. 
 
 The Journal is published quarterly, and forms a yearly volume of about 500 pages 
 royal 8vo, with colored, heliotype and other plates, and numerous figures, at the sub- 
 scription price of $5- 00. Six volumes have been published. 
 
 It has been the aim of the editors that the Journal, beside giving a survey of the 
 whole field of Archaeology, should be international in character, by affording to the 
 leading archaeologists of all countries a common medium for the publication of the 
 results of their labors. This object has been in great part attained, as is shown by 
 the list of eminent foreign and American contributors to the three volumes already 
 issued, and by the character of articles and correspondence published. Not only 
 have important contributions to the advance of the science been made in the original 
 articles, but the present condition of research has been brought before our readers 
 in the departments of Correspondence, and Re\'lews of the more important recent 
 books. Two departments in which the Joui*nal stands quite alone are (1) the Becmd 
 of Discoveries, and (2) the Summaries of Periodicals. In the former a detailed account 
 is given of all discoveries and excavations in every portion of the civilized world, 
 from India to America, especial attention being given to Greece and Italy. In order 
 to insure thoroughness in this work, more than sixty periodical publications are con- 
 sulted, and material is secured from special correspondents. 
 
 In order that readers should know everything of importance that appears in 
 periodical literature, a considerable space has been given to careful summaries of 
 the papers contained in the principal periodicals that treat of Archaeology and the 
 Fine Arts. By these various methods, all important work done is concentrated and 
 made accessible in a convenient but scholarly form, equally suited to the specialist 
 and to the general reader. 
 
 All literary communications should be addressed to the managing editor, 
 
 A. L. FROTHINGHAM, JR., 
 
 PRINCETON, N. J. 
 
 All business communications to the publishers, 
 
 GINN & COMPANY, 
 
 BOSTON, MASS. 
 
Modern Language Notes 
 
 A MONTHLY PUBLICATION 
 
 With intermission from July to October inclusive. 
 
 DEVOTED TO THE INTERESTS 
 OF THE 
 
 ACADEMIC STUDY OF ENGLISH, GERMAN 
 
 AND THE 
 
 ROMANCE LANGUAGES. 
 
 A. Marshall Elliott, Managing Editor. 
 
 James W. Bright, H. C. G. von Jagemann, Henry Alfred Todd, 
 
 Associate Editors. 
 
 Tills is a successful and widely-known periodical, managed by a corps of professors and 
 instructors In the Johns Hopliins University, with the co-operation of many of the leading 
 
 , college professors, in the department of modern languages, throughout the country. 
 
 'While undertaking to maintain a high critical and scientific standard, the new journal 
 will endeavor to engage the interest and meet the wants of the entire class of serious 
 and progressive modern-language teachers, of whatever grade. Since its establishment 
 In January, 1886, the journal has been repeatedly enlarged, and has mot with constantly 
 Increasing encouragement and success. The wide range of its articles, original, critical, 
 literary and pedagogical, by a number of the foremost American (and European) scholars, 
 has well represented and recorded the recent progress of modern language studios, both 
 at home and abroad. 
 
 The list of contributors to Modern Language Notes, In addition to the Editors, 
 Includes the following names: 
 
 Anderson, Melville B., state University of Iowa; Banceoft, T. Whiting, Brown 
 University, R. I. ; Baskervill, W. M., Vanderbilt University, Tenn. ; Bocher, Ferdinand, 
 Harvard University, Mass.; Bradley, C. B., University of California, Cal. ; Brandt, H. C. 
 G., Hamilton College, N. Y. ; Browne, Wm. Hand, Johns Hopkins University, Md. ; Burn- 
 ham, Wm. H., Johns Hopkins University, Md. ; Carpenter, WM. H., Columbia College, 
 N. Y. ; Cledat, L., Faculte des Lettres, Lyons, France; CoHN, Adolphe, Harvard Univer- 
 sity, Mass.; Cook, A. S., Yale University; CosiJN, P. J., University of Leyden, Holland; 
 Crane, T. F., Cornell University, N. Y. ; DAVIDSON, THOMAS, Orange, N. J. ; Egge, Albert 
 E., St. Olafs College, Minn.; FAY, E. A., National Deaf-Mute College, Washington, D. C; 
 FORTIER, ALCEE, Tulane University, La.; GARNER, SAMUEL, U. S. Naval Academy; 
 Gerber, a., Earlham College, lud. ; Grandgent, Charles, Harvard University, Mass.; 
 GUMMERE, F. B., The Swain Free School, Mass.; HART, J. M., University of Cincinnati, 
 Ohio; Hempl, Geo., University of Michigan; Huss, H. C. O., Princeton College, N. J. ; 
 VON JAGEMANN, H. C. G., Harvard University; Karsten, Gustaf, University of Indiana, 
 Ind. ; LANG, Henry R., The Swain Free School, Mass.; LEARNED, M. D., Johns Hopkins 
 University, Md. ; Leyh, Edw. F., Baltimore, Md. ; Lodeman, A., State Normal School, 
 Mich. ; MORFILL, W. R., Oxford, England; McCabe, T , Johns Hopkins University, Md. ; 
 Mcelroy, John G. R., University of Pennsylvania, Pa. ; O'Connor, B. F., Columbia Col- 
 lego, N. Y. ; PRIMER, SYLVESTER, Providence, R. I.; ScHELE De Vere, M., University of 
 Virginia, Va. ; SCHILLING, HUGO, Wittenberg College, Ohio; Sheldon, Edw. S., Harvard 
 University, Mass.; Shepherd, H. E., College of Charleston, S. C. ; Schmidt, H., Univer- 
 sity of Deseret, Salt Lake City, Utah ; Sievers, Eduaud, University of Tilblngen, Ger- 
 many ; SMYTH, A. H., High School of Philadephia, Pa. ; Stoddard, Francis H., University 
 of City of New York; Sti^rzinqer, J. J., Bryn Mawr College, Pa.; Thomas, Calvin, 
 University of Michigan, Mich. ; Walter, E. L., University of Michigan, Mich. ; Warren, 
 F. M., Johns Hopkins University, Md. ; White, H. S., Cornell University, N. Y. 
 
 Subscription Price $1.50 per Annum, Payable in Advance. 
 
 Foreign Countries $1.75 per Annum. 
 
 Single Copies Twenty Cents. Specimen Pages sent on Application. 
 
 Subscriptions, advertisements and all business communications should be addressed 
 to the 
 
 MANAGING EDITOR OF MODERN LANGUAGE NOTES, 
 
 JOHNS Hopkins university, Baltimore, Md. 
 
American Economic Association. 
 
 PUBLICATIONS. 
 
 A series of monographs on a great variety of economic 
 subjects, treated in a scientific manner by authors well 
 known in the line of work they here represent. 
 
 Among the subjects presented are Cooperation, Socialism, 
 the Laboring Classes, Wages, Capital, Money, Finance, 
 Statistics, Prices, the Relation of the State and Municipality 
 to Private Industry and various Public Works, the Railway 
 Question, Road Legislation, the English Woolen Industry, 
 and numerous other topics of a like nature. 
 
 The latest publication is that for January, 1892, — Vol. 
 VII, No. 1,— entitled: 
 
 The Silver Situation in the United States. 
 
 By F. W. Taussig, LL. B., Ph. D., 
 
 Aesistant Professor of Political Economy in Harvard VMnersity. 
 118 pages, 8vo. rice, Sevenly-five cents. 
 
 Six volumes of these publications, containing thirty- six 
 numbers, are now complete. 
 
 The volumes will be sent, bound in cloth, at $5 each ; any 
 two for $9 ; any three for $13 ; any four for $17 ; any five 
 for $21 ; all six for $25, and including subscription to Vol. 
 VII, $29. Unbound, $4 per volume. A few copies bound 
 in half -morocco are offered at $5.50 each ; any two for $10 ; 
 any three for $14.50; any four for $19.00; any five for 
 $23.50; all six for $28. 
 
 Annual membership $3 ; life membership $50. 
 
 Orders and remittances should be sent to the 
 Publication Agent, American Economic Association, 
 Baltimore, Md. 
 
STUDIES INHISmjCOmCS UNO PUBLIC LAW, 
 
 EDITED BY 
 
 THE UNIVERSITY FACULTY OF POLITICAL SCIENCE 
 OF COLUMBIA COLLEGE. 
 
 The monographs are chosen mainly from among the 
 doctors' dissertations in Political Science, but are not 
 necessarily confined to these. Only those studies are 
 included which form a distinct contribution to science 
 and which are positive works of original research. The 
 monographs are published at irregular intervals, but are 
 paged consecutively as well as separately, so as to form 
 completed volumes. 
 
 The first four numbers in the series are : 
 
 1. The Divorce Problem— A Study in Statistics. By 
 Waiter F. Willcox, Ph. D. Price, 50 cents, 
 
 2. The History of Tariff Administration in the United 
 States, from Colonial Times to the McKinley Administra- 
 tive Bin. By John Dean Goss, Ph. D. Price, 50 cents. 
 
 3. History of Municipal Land Ownership on Manhattan 
 Island. By George Ashton Black, Ph. D. Price, 50 cents. 
 
 4. Financial History of Massachusetts. By Charles H, 
 J. Douglas. Price, $1.00. 
 
 Volume I. complete. Price, $2.00. 
 
 Other numbers will be announced hereafter. 
 For further particulars apply to 
 
 PROFESSOR EDWIN R. A. SELIGMAN, 
 
 Columbia College, New York. 
 
COLLEQB 
 
 SOCIAL ECONOMIST BUILDING. 
 
 OK 
 
 Social Economics 
 
 34 UNION SQUARE, 
 
 NE>?V YORK. 
 
 GEORGE GUNTON, President. 
 
 XHE; COlfltHQT^ was organized primarily 
 to teach a system of Social Elconomicd 
 suited to American Citizenship. 
 
 The Academic Course includes, besides 
 Economics, History, English I^anguage aii 
 I,iterature, Modern Languages, some of the 
 higher Mathematics, Physics, Chemistry, 
 Parliamentary I,aw, etc. There is also a 
 a Commercial Course occupying one year. 
 The IvECture Courses by President 
 Gunton embrace Popular Discussions of 
 Economics. 
 
 The "Social Economist," a monthly magazine edited by President Gunton and Starr 
 Hoyt Nichols, treats subjects allied to Economics. The price is 20 cents per copy or $2.00 per 
 annum. Sold by all dealers. Sample copies free. 
 
 This institution having outgrown its former quarters, the large building represented 
 above has been secured, where commodious Class Rooms and Lecture Hall are arranged ; also 
 Editorial Rooms for the "Social Economist." Tuition fees are low on account of a liberal 
 endowment Prospectus sent on application. Address 
 
 J. O. WOODS, Business Manager. 
 
NOTES SUPPLEMENTARY TO THE STUDIES. 
 
 The publication of a series of Notes was begun in January, 1889. The 
 following have thus far been issued : 
 
 MUNICIPAI. GOVERNMEiVT IN ENGLAND. By Dr. Albebt ShAW, of Minne- 
 apolis, Reader ou Municipal Government, J. H. U. 
 
 SOCIAL work: in AUSTRALIA AND LONDON. By WILLIAM Geey, of the 
 Denison Club, Lonclou. 
 
 KNCOUKAGEMENT OF HIGHER EDUCATION. By Professor Herbeet B. 
 ADAMS. 
 
 THE PROBLEM OF CITY GOVERNMENT. By Hon. Seth LOW, President of 
 Columbia College. 
 
 THE LIBRARIES OF BALTIMORE. By Mr. P. R. Uhler, of the Peabody In- 
 stitute. 
 
 WORK AMONG THE "WORKINGW^OMEN IN BALTIMORE. By Professor 
 H. B. ADAMS. 
 
 CHARITIES: THE RELATION OF THE STATE, THE CITY, AND THE 
 INDIVIDUAL TO MODERN PHILANTHROPIC Vl^ORK. By A. G. WARNER, 
 Ph. D., sometime General Secretary of the Charity Organization Society of Baltimore, now 
 Associate Professor in the University of Nebraska. 
 
 LAW AND HISTORY. By Walter B. Sgaife, LL. B., Ph. D. (Vienna), Reader on 
 Historical Geography in the Johns Hopkins University. 
 
 THE NEEDS OF SELF-SUPPORTING WOMEN. By Miss CLARE DE GRAF- 
 FENREID, Of the Department of Labor, Washington, D. C. 
 
 THE ENOCH PRATT FREE LIBRARY. By LEWIS H. Steiner, Litt. D. 
 
 EAKLY PKESBYTEKIANISM IN MARYLAND. By Rev. J. W. MclLVAIN. 
 
 THE EDUCATIONAL ASPECT OF THE U. S. NATIONAL MUSEUM. By 
 Professor O. T. MASON. 
 
 UNIVERSITY EXTENSION AND THE UNIVERSITY OF THE FUTURE. 
 By Richard G. moulton. 
 
 Thtse Notes are sent without charge to regular subscribers to the Studies. They are sold at Jive 
 cents each; twenty-Jive cojnes will be furnished for $1.00. 
 
 ANNUAL SERIES, 1883-1891. 
 
 Nine Series of the University Studies are now complete and will be 
 sold, bound in cloth, as follows : 
 
 SERIES I —LOCAL INSTITUTIONS. 479 pp. $4.00. 
 SERIES II.— INSTITUTIONS AND ECONOMICS. 629 pp. $4.00. 
 SERIES III.-MARYLAND, VIRGINIA, AND WASHINGTON. 595 pp. $4.00. 
 SERIES IV.— MUNICIPALGOVERNMENTANDLANDTENURE. 600pp. $3.50. 
 SERIES v.— MUNICIPAL GOVERNMENT, HISTORY AND POLITICS. 559 
 pp. $3.50. 
 
 SERIES VI.— THE HISTORY OF CO-OPERATION IN THE UNITED 
 STATES. 540 pp. $3.50. 
 
 SERIES VII.— SOCIAL SCIENCE, MUNICIPAL AND FEDERAL GOVERN- 
 MENT. 628 pp. $3.50. 
 SERIES VIII.— HISTORY, POLITICS, AND EDUCATION. 625 pp. $3.50. 
 SERIES IX.— EDUCATION, POLITICS AND SOCIAL SCIENCE. 640 pp. 
 $3.50. 
 
 The set of nine volumes is now ojjered, uniformly bound in cloth, for library use, for $27.00. 
 The nine volumes, with nine extra volumes, " New Haven," "Baltimore," "Philadelphia," 
 "Local Constitutional History," Vol. I, "Negro in Maryland," "U. S. Supreme Court," 
 "U. S. and Japan," "Switzerland," and "Spanish Institutions in the Southwest," altogether 
 eighteen volumes in cloth, for $40.00. The seven extra volumes {now ready) will be furnished 
 together for $13.50. 
 
 All business communications should be addressed to The Johns Hop- 
 kins Press, Baltimore, Maryland. Subscriptions will also be received, 
 or single copies furnished by any of the following 
 American Agents: 
 
 New York.— G. P. Putnam's Sons. Cincinnati.— Robert Clarke & Co. 
 
 New Haven.— E. P. Judd. Indianapolis.— Boweu-MerrlU Co. . 
 
 Boston.— DamrcU & Upliam ; W. B. Clarke Chicago.— A. C. McClurg & Co. 
 
 & Co. Louisville.— Floxuer Brothers. 
 
 Providence.- Tibbltls & Preston. San Francisco.— Bancroft Company. 
 
 Pliiladelpliia.— Porter & Coates ; J. B. New Orleans.— George F. Wharton. 
 
 Lipplncoit Co. RIcliinond.— J. W. Randolph & Co. 
 
 ■Washington.— W. H. Lowdermilk & Co.; Toronto.— Carswell Co. (Limited). 
 
 Brentano's. Montreal.— William Foster Brown & Co. 
 
 European Agents : 
 
 Paris.— A. Hermann; Em. Terquem. London.— Kegan Paul, Trench, Trtlbner 
 
 Strasghurg.— Karl J. Trtlbner. & Co.; G. P. Putaum's Sons. 
 
 Berlin. — Puttkammer & Mlihlbrecht ; Frankfort.— Joseph Baer & Co. 
 
 Mayer & MUller. Turin, Florence, and Rome.— E. Loe- 
 
 Leipzlg.— F. A. Brockhaus. Bcher. 
 
THE REPUBLIC OF NEW HAVEN. 
 
 A HISTORY OF MUNICIPAL EVOLUTION. 
 By CHARLES H. LEVERMORB, Ph. D. 
 (Extra Volume One of Studies in Historical and Political Science.) 
 The volume comprises 342 pages octavo, with various diagrams and an index. 
 It will be sold, bound in cloth, at $3.00. 
 
 PHILADELPHIA, 1681-1887: 
 
 A HISTORY OF MUNICIPAL DEVELOPMENT. 
 
 By Edward P. ALLiiq-soK, A. M., akd Boies Peijrose, A. B. 
 
 {Extra Volume Two of Studies in Historical and Political Science.) 
 The volume comprises 444 pages octavo, and will be sold, bound in cloth, at 
 3.00 ; in law-sheep at $3.50. 
 
 Baltimore and the Mneteentli of April, 1861. 
 
 A STUDY OF THE WAR. 
 By GEORGE WILLIAM BROWN, 
 
 Chief Judge of the Sxipreme Bench of Baltimore, and Mayor of the City in 1861. 
 {Extra Volume Three of Studies in Historical and Political Science. ) 
 The volume comprises 176 pages octavo, and will be sold, bound in cloth, at $1. 
 
 local Constitutional Historj of tie United States. 
 
 By GEORGE E. HOWARD, 
 
 Professor of History in the University of Nebraska. 
 {Extra Volumes Four and Five of Studies in Historical and Political Science.) 
 Volume I. — Development of the Township, Hundred and Shire. Now 
 
 ready. 542 pp. 8vo. Cloth. Price, $3.00. 
 Volume 11. — Development of the City and Local Magistracies. In prepa- 
 ration. 
 
 THE NEGRO IN MARYLAND 
 
 A STUDY OF THE INSTITUTION OF SLAVERY. 
 By JEFFREY R. BRACKETT, Ph. D. 
 {Extra Volume Six of Studies in Historical and Political Science.) 
 270 pages octavo, in cloth. |2.00. 
 
 The extra volumes are sold at reduced rates to regular subscribers to the 
 "Studies." 
 
The Supreme Court of the United States, 
 
 Its History and Influence in our Constitutional System. 
 
 By W. W. Willoughby, Ph. D. 
 Extra Vol. VII of the Studies in History and Politics. 
 
 124 pages. 8vo. Clotli. Price, $1.35. 
 
 The Intercourse between tlie U.S. and Japan. 
 
 By Inazo (Ota) Nitobe, Ph.D., 
 
 Associate Profei^or, Sapporo, Japan. 
 
 Extra Vol. VIII of the Studies in History and Politics. 
 
 198 page:j. 8vo. Cloth. Price, $1.35. 
 
 State and Federal Goverpent in Switzerland. 
 
 By John Martin Vincent, Ph. D., 
 
 Librartan and Instructor ia the Department of History and Polittca, Johns Hopkins University. 
 
 Extra Vol. IX of the Studies in History and Politics. 
 
 235 pages. 8vo. Clotli. Price, $1.50. 
 
 In view of the fact that the six-hundredth anniversary of the foundation of Federal 
 Government in Switzerland is celebrated in 1891, this may be considered a timely 
 book. The history and constitutional experiments of Switzerland have, however, 
 a perennial intei'est for Americans, for in no other country do governmental institu- 
 tions approach more closely, in form and principle, those found in the United States. 
 The present work is essentially a study of modern institutions, but always with 
 reference to their source and development. 
 
 Spanish Institutions of the Southwest. 
 
 By FRANK W. BLACKMAR, Ph. D. 
 Professor of History and Sociology in the Kansas State University. 
 
 Extra Vol. X of the Studies in History and Politics. 
 
 380 pages. 8vo. Cloth. Price, 83.00. 
 
 With Thirty-one Historical Illustrations of old Spanish Missions, etc., and a map 
 showing the extent of Spanish Possessions in North America in 1783. 
 
 This work is a study of the Social and Political Institutions of Spain, as represented 
 by the life of the Spanish colonists in America. A sufficient amount of descriptive 
 history is given to relieve the subject from the monotony of abstract discussion and 
 to subtantiate all conclusions reached by the writer. The book treats of the founding 
 of the Spanish missions in California, Arizona, New Mexico, and Texas, and portrays 
 the civilization established by the padres, the social condition of the Indians, and 
 the political and social life of the pioneers of the Southwest. It represents the 
 government, laws, municipal organization, and life of the colonists. The movement 
 of the civil, religious, and military powers in the "temporal and spiritual conquest," 
 and the consequent founding of civic pueblos, missions and military towns are fully 
 discussed. 
 
 There are thirty-one illustrations, chiefly historical. They reveal some of the 
 most picturesque ruins of America. 
 
 Orders should be addressed to The Johns Hopkins Press, Baltimore, Maryland. 
 
NEW EXTRA VOLUMES IN PRESS. 
 
 An Introduction to the Study of the Constitution. 
 
 A STUDY SHOWING THE PLAY OF PHYSICAL AND SOCIAL FACTORS 
 IN THE CREATION OF INSTITUTIONAL LAW. 
 
 By MORRIS M. COHN, 
 
 Attorney-at-Law. 
 
 250 pages. 8vo. Cloth. Price, $1.50. 
 
 The theory underlying this work is that Constitutions, whether written 
 or unwritten, represent tlie institutional growth of social communities ; 
 especially that institutional growth which is revealed in the govern- 
 mental structure and maxims, and the jurisprudence, of the given com- 
 munity. 
 
 The aim of the author has been to show with somewhat less detail than 
 has been adopted in more voluminous productions, yet with sufficient 
 breadth of outline, the general prevalence of constitutional institutions 
 among peoples who have made any advance at all in political organization. 
 
 The illustrations of the subject have been taken principally from the 
 fields of politics and jurisprudence, though when required, or when it 
 seemed to the author appropriate, other sources were utilized. 
 
 THE OLD ENGLISH MANOR, 
 
 By C. M. ANDREWS, Ph. D., 
 
 Associate in History, Bryn Mawr College. 
 
 380 pages, 8vo. Cloth. Price, $1.50. 
 
 AMEEIOA: 
 
 Its Geographical History, 1492 to the Present. 
 
 By WALTER B. SCAIFE, Ph. D. 
 
 The work will be illustrated by phototypes made from photographs of 
 the famous Weimar and other maps, taken specially for the author. 
 
 Orders should be addressed to The Johns Hopkins Press, Baltimore, 
 Maryland. 
 
■ UNIVERSITY OF CALIFORNIA LIBRARY 
 BERKELEY 
 
 Return to desk from which borrowed. 
 This book is DUE on the last date stamped below. 
 
 WECEIVCD 
 
 0CI26'68-4PI|II 
 
 LOAN DEPT. 
 
 JAN 28 194R 
 
 DEC 2 7 1257^ 
 REC'D LD 
 
 DEC 2 1957 
 
 M)w'62AE 
 REC'D Lb 
 
 NOV 2 6 m. 
 
 L^v %m^ 
 
 LD 21-100m-9,'47(A5702sl6)476