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CHAPTER the oath of allegiance to the proprietary, and denying his XI. claim to be "absolute lord" of the province, notwith1654. standing the clauses in the charter in which he was so denominated.

1655. Early the next year Stone received letters from Lord January. 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, March 25. 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 charge; 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.

XI.

Four were executed; the others, including Stone, who CHAPTER 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 Courage.

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Some sort of commission or authority seems

to have been deputed by Stone to Josiah Fendal. But 1656. Fendal was narrowly watched, arrested on suspicion by Aug. 13. 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 proprie1657. tary, 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 Nov. 30. Bennet and Mathews, an agreement was presently en

tered into between Lord Baltimore on the one hand, and Bennet and Mathews on the other, for arranging the affairs of Maryland. Fendal, who had also gone to England, leaving Barber as deputy governor at St. Mary's, 1658. 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,

March 24.

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so unpalatable to the Puritan settlers, was replaced by CHAPTER a written engagement to submit to the proprietary's lawful authority. The inhabitants were guaranteed the pos- 1658. session of their arms. The proprietary was specially bound to uphold that act of toleration under which the Puritans had come into the colony, but which they themselves, while they held the power, had disregarded, and, so far as Catholics and Episcopalians were concerned, had formally set aside.

During the administration of Mathews, who succeeded Diggs as governor of Virginia, the laws of that colony underwent a new revisal, and were codified in a hundred and thirty-one acts. Religion still occupied the first place in the statute book. Ecclesiastical matters were referred to the several parishes, to be managed, however, as we must suppose, according to the Presbyterian model then established in England, and to which the parochial clergy of that country had very generally conformed; an example which, for aught that appears, those of Virginia as readily followed. All the counties not yet so divided were required to be laid out into parishes by the county courts; and a tax was to be levied for the erection of churches. So anxious had the preceding assembly been to supply the pulpits, that a premium of £20, about $100, had been offered for every minister imported; but this act was now dropped. The law of England against bigamy was specially adopted a law, it is probable, rather apt to be overlooked by some who emigrated, leaving their families behind them. The probate of wills and oversight of orphans were intrusted to the county courts. All courts were to give judgment without regard to errors of form. Five years' possession of land was to give a title, and all suits on notes, bonds, and judgments were required to be commenced within

XI.

CHAPTER five years. Poor persons, who had no tobacco, might tender other goods in payment of their debts. Spread1658. ers of false political news were to produce their authors or be punished. Ships sailing from England with passengers were to have at least four months' provisions on board. This act would seem to indicate that a considerable immigration was now going on. An export duty of ten shillings was imposed upon every hogshead of tobacco, weighing three hundred and fifty pounds, exported in Dutch vessels elsewhere than to England; but free trade was promised to the Dutch, and this impost was to be reduced to two shillings per hogshead in favor of all Dutch vessels bringing negroes to the colony. A like duty of two shillings per hogshead was imposed upon all tobacco exported to England except in vessels Virginia-built, in which it was to go duty free. Out of the income thus realized the governor was to be paid a salary of £600. Premiums were again offered for the production of silk, flax, hops, wheat, and wine. Hides, wool, and iron were not to be exported. Aliens who had dwelt in the country five years, and intended to remain, were to become free denizens. A more kindly feeling than heretofore was exhibited toward the Indians, who, by this time, were thoroughly subdued. They were to be protected in the possession of the lands remaining to them, and, to prevent imposition, were not to be allowed to sell those lands except at quarter courts. To secure the Indian children placed with the colonists for education against being sold as slaves, it was forbidden to transfer their services.

April.

Shortly after the enactment of this code, Governor Mathews undertook to dissolve the Assembly; but his authority to do so was denied. The Assembly claimed the right to elect all officers, declared existing commis

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