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cHAPTER

1652.

March 29.

June 28.

1651.
Oct. 9.

1647.
Jan. 23.

1652.

ders in the name of the “keepers of the liberty of England,” they demurred on the ground that the king's name had never been so used in the province, and that it was not to be supposed that the new government claimed, to the detriment of Lord Baltimore's rights, any greater authority than had hitherto been exercised by the king. For this resistance to their orders the commissioners deposed Stone, and appointed a new council, of which Brooke, the commander of Charles county, was made president; but, upon Stone's submission, and at the request of the inhabitants, he was presently reinstated as governor. Already, before the subjection of Virginia, on the point of a rupture with the Dutch, and jealous of the extensive carrying trade which that republic had acquired during the civil war, as well as of the shelter afforded to the banished Loyalists, the Parliament had passed an ordinance which prohibited the transport into England of any merchandise from Asia, Africa, or America, except in English-built vessels, owned in England or the English colonies, and navigated by an English commander and crew. The same policy had prompted a previous ordinance, authorizing shipments from England to Virginia, Bermuda, and Barbadoes, duty free, provided the said plantations would allow no shipment of their produce except to England. These embryos of the subsequent navigation laws still, however, allowed a direct trade between Europe and the English colonies; and, after the peace with the Dutch, the vessels of that nation seem to have regained, notwithstanding the ordinance above recited, a considerable share in the carrying trade even between Virginia and England. Another parliamentary ordinance, adopting the policy of the royal proclamations formerly issued by

James and Charles, prohibited the cultivation of tobacco chosen in England. In consequence of instructions which Stone had re- 1654. ceived from Lord Baltimore, he presently declined to * conform any longer to the conditions imposed upon him by the parliamentary commissioners, and proceeded to act, as formerly, in the name of the proprietary only. What was very disagreeable to the Puritan settlers, he demanded that oath of fidelity to the proprietor, the imposition of which by the Assembly has been heretofore mentioned. He took care, indeed, to proclaim the ac- May 6. cession of Cromwell as Lord Protector; but, by orders from Lord Baltimore, he dismissed Brooke from the July 3. council, revoking, also, the erection of Charles county, lately established on his special account. At the same time, he appointed both sides of the Patuxent to be a new county, by the name of Calvert. These proceedings brought Bennet and Clayborne again to Maryland, and, by the aid of the Puritans of Ann Arundel county, and the threat of a force from Virginia, they compelled Stone again to resign. Having commissioned William Fuller as governor, with Durand, the Puritan immigrant from Virginia, as secretary, they appointed a new council, and ordered a new Assembly to be called. Copying July 22. the provisions of the instrument of government under which Cromwell had lately assumed authority as Lord Protector, no person was to be allowed to sit in this Assembly, nor to vote for members of it, who had been in arms against the Parliament, or who professed the Catholic religion. One of the first doings of this Assembly was to modify the act of toleration, so as to exclude Oct. 20. “papists and prelatists” from its benefit—thus requiting the indulgence of Lord Baltimore by disfranchising the original settlers. Acts were also passed nullifying

chapter XI

1654.

1655.

January.

March 25.

the oath of allegiance to the proprietary; and denying his claim to be “absolute lord” of the province, notwithstanding the clauses in the charter in which he was so denominated. Early the next year Stone received letters from Lord Baltimore, giving assurance that he still kept his patent, and blaming the easy surrender to Bennet and Clayborne, who had, as he alleged, no authority for their interference. Stone resided at St. Mary's, the Catholic capital. The head-quarters of the new council were at Ann Arundel, the name of which had been again changed to Providence. “Mr. Preston's house on the Patuxent,” intermediate between the two settlements, was used as a state-house, and there the colony records were kept. Encouraged by Baltimore's letters, Stone called the Catholic settlers to arms; he seized the records, together with a quantity of arms and ammunition deposited at Mr. Preston's house; and, having embarked some two hundred men in ten or twelve small vessels, proceeded against Providence. After some parley and maneuvers, a battle was fought. The war cry of Stone's party was “Hey for St. Mary's " The Puritans, though somewhat inferior in number, advanced, shouting, “In the name of God, fall on God is our strength.” Stone's party was completely routed at the first ellarge ; some fifty were killed or wounded, and the rest taken prisoners, with a loss on the Puritan side of only two or three. “God did appear wonderful in the field and in the hearts of the people; all confessing him to be the only worker of this victory and deliverance;” so we are told by Leonard Strong, one of the Puritan party, in his pamphlet of “Babylon's Fall in Maryland,” published the same year. Stone and his principal officers were tried by court martial, and ten were condemned to death. Four were executed; the others, ineluding Stone, who chosen was wounded, were saved by the entreaties of the women and the soldiers. Their authority thus re-established 1655. over the entire province, the triumphant party proceeded to sequester the estates of their opponents. These latter particulars we learn from John Langford, one of Stone's party, in his “Refutation of Babylon's Fall.” Both sides hastened to appeal to the all-powerful Protector. Among Stone's adherents was a certain Doctor or Captain Barber, who had been formerly in Cromwell's employ, but lately sent to Maryland with a commission of some sort from Lord Baltimore. He went to England to state the case for that side; Bennet also went on behalf of the commissioners, his place as governor of Virginia being supplied by Edward Diggs, elected by the Assembly. There was pending, at the same time, a boundary dispute between Virginia and Lord Baltimore, as to part of the territory on the eastern shore; the Virginians seem even to have entertained hopes of vacating altogether the charter of Maryland, the erection of which into a separate province they seem still to have regarded as an encroachment on their rights. Cromwell referred the matter to two commissioners, whose report was submitted to the “Committee of Trade” 1656. —first rudiment of that Board of Trade, afterward so conspicuous in colonial affairs. This committee made a report very favorable to Lord Baltimore; but Cromwell was too much occupied with other matters, or, perhaps, disinclined to give any final decision. He appears, indeed, to have contemplated a new frame of government for Virginia, along with which, perhaps, Maryland was to be included. Even before the favorable report of the Committee of Trade, Lord Baltimore's partisans were recovering their

chapter

1656. Aug. 13.

1657.

Nov. 30.

1658. March 24.

courage. Some sort of commission or authority seems to have been deputed by Stone to Josiah Fendal. But Fendal was narrowly watched, arrested on suspicion by the Puritan authorities, and only released upon taking an oath not to disturb the existing government till some decision was arrived at in England. Encouraged by the aspect of affairs, Lord Baltimore had already issued a commission as governor to this same Fendal, presently followed by a copy of the favorable report of the Committee of Trade. Philip Calvert, brother of the proprietary, came out also as secretary for the province, bringing instructions to reward with grants of lands those who had been most active on Lord Baltimore's side during the late struggle, and to provide for the widows of the slain out of the proprietary rents. Fendal and Calvert were acknowledged at St. Mary's and the neighborhood, but the Puritan council still held authority at Providence. Their act for confiscating the property of their opponents, as usually happens in such cases, seems to have given occasion to frauds and peculations; for the Puritan Assembly, at a new session, appointed a committee to sit after the adjournment, authorized to call to strict account all who had received money under that act. Through the mediation of Diggs, late governor of Virginia, who had gone to England as joint agent with Bennet and Mathews, an agreement was presently entered into between Lord Baltimore on the one hand, and Bennet and Mathews on the other, for arranging the af. fairs of Maryland. Fendal, who had also gone to England, leaving Barber as deputy governor at St. Mary's, brought out this agreement, which was ratified, with some modifications, by the Puritan council at Providence. There was to be oblivion as to the past. Grants of land were to issue to all entitled to them. The oath of fidelity,

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