'UPPER HOUSE, February 17th. "The lieutenant-general hath considered of the petition here above, and is willing, upon the request of the lower house, that the condemned malefactor be reprieved, and execution stayed, provided that the sheriff of St. Maries' county carry him to the gallows, and that the rope being about his neck, it be there made known to him how much he is beholding to the lower house of assemblie for mediating and interceeding in his behalf with the lieutenant-general, and that he remain at the city of St. Maries, to be employed in such service as the governor and council shall think fitt, during the pleasure of the governor.' The quakers, or friends, who had settled in Maryland at an early period of its establishment, suffering under that system of intolerance and persecution which prevailed against all dissenters at that, and down to a later day, remonstrated against the unjust laws of the province which debarred their testimony on 'affirmation,' and subjected them to heavy penalties for refusing to take the prescribed 'oaths;' although contrary to their conscience, and, in their opinion, the Saviour's positive injunction, declared in his sermon on the mount'swear not at all.' This remonstrance or petition appears upon the journals of the upper house in 1674, and is as follows: 'SATURDAY, 23d May, 1674. 'Read in the house, a petition exhibited by certain quakers, as follows, viz: "This we do lay before the governour and council and assembly, in the wisdom of God, to consider of, from us who are in scorn called quakers. 'What we can say and do instead of an oath, it is in obedience to Christ's command, that we cannot swear and take an oath, and Christ our Lord and Saviour's command is, 'I say unto you swear not at all.' Though in the old time, they were not to forswear themselves, but perform their oaths to the Lord; and the Lord Jesus Christ's command is, but let your communication be yea, yea, and nay, nay; for whatsoever is more than these cometh of evil: and St. James saith, in his general epistle to the Church of Christ, above all things, my bre theren, swear not; neither by heaven, nor by the earth, nor by any other oath; mark, but let your yea, be yea, and your nay, be nay, least you fall into condemnation. Now, here ye may see, that Christ and apostles setts us yea, yea, and nay, nay, over and above an oath and swearing, and in lieu of an oath. See, in obedience to Christ and the apostles' command, it is, that we do not, and dare not swear, least we should go into the evil, and so fall into condemnation, as Christ and the apostles saith before. But, according to Christ Jesus and the apostles' command, doe keep to yea, yea, and nay, nay, wherein they do double their words to make them of more force. Christ Jesus to the disciples and the apostles to the church; and now, if, that we are called to testifie the truth, or to serve in any office or place or jurie, if that we do break our yea, yea, or nay, nay, then let us suffer the same penalty, as they, that do break an oath, or are foresworne. And this not repugnant to the laws of England, having the same penalty on the same transgression; for, in Jamaica, their law is so, that our bretheren's testimony upon yea, yea, and nay, nay, as Christ and as the apostles commanded, is taken, and the same in the acts and province laws at Carolina, and the same in the patent and acts at Road Island, and the same in the new country of Jersey, is taken instead of an oath; which the governour and his council and assembly may, by an act of assembly, let us have the same liberty here, as our bretheren have in other places, colonies or provinces, that we may not be put to inconveniences, for you do know what trouble often many of us are put to, because we cannot swear and take an oath, and do lose our rights and that which is due to us from others, and how we have been made a prey upon by many, because we cannot swear, and have lost much in our estates, and cannot be so serviceable in our generation to the country, as we might be, and also what trouble we have had, who have been overseers or executors, or the like, that have been intrusted with orphans, fatherless, and widdows' estates or wills, for want of an oath. And, therefore, you having power to remedie these things by making an act, we do lay them before you, and that if we do breake our yea, yea, or nay, nay, or what we testifie, then let us suffer the same punishment as they do that break their oaths or swear falsly; and this we are willing to suffer, who profess faith in Christ, and would have all that profess the same, to exercise a conscience void of offence to wards God and men. So you may remove this oppression if you please, and let us have the same liberty that our friends and bretheren have in other countrys and islands, as we are credibly informed; whose hands are hereunto subscribed in the behalfs of our bretheren. 'WENLOCK CHRISTERSON, Jo. HOMEARD, "Ordered by the house, that the petition here above be sent to the lower house, and offered to their consideration.' This petition was accordingly sent to the lower house, who returned it with a message requesting to be informed by his excellency and the upper house, whether, in their opinion, the assembly had the power to alter the form of the oath prescribed by the laws of England, in point of evidence between the king and his people, &c. in matters depending within this province or not. To which message, the upper house replied, that they had resolved, that the petition should remain upon the journal till further advice from the Lord Proprietary, who declared that he 'formerly had intentions of gratifying the desire of the said people, called quakers, in that kind;' but, for some reason not mentioned, his lordship desired 'that all proceedings therein be, for the present, suspended.' - This highly respectable and long misunderstood society of christians, were not restored to the rights and privileges, so moderately, but firmly, insisted upon in the foregoing petition, until the year 1702*-when the legislature struck from the statute books this relict of intolerance. 1675. For several years previous to 1675, the inhabitants of the province of Maryland, and the Indians within, and upon her border county, lived upon terms of peace and amity. Indeed, it could not well be otherwise, such being the nature and benevolent character of the laws and resolutions of the province for the protection of the friendly Indians. From the proceedings of the assembly, the strongest disposition was manifested to cherish and protect them; and in no instance did the government take from the * See act of 1702, chap. 1, sec. 21. * Aborigines one acre of land without a remuneration perfectly satisfactory to them. The cause of the frequent removals by the Indians grew out of the wars carried on between the different tribes. The Piscattoway and Patuxent Indians, who were uniformly friendly to the colonists, were protected from the more fierce and warlike tribes of Senecas and Susquehanocks, by the forces of the province. At least in one instance (in 1673) the province rented land of the orphans of a Mr. Billingsley,' for the space of five years, for the use of the Mattapanie and Patuxent Indians, until 'some other place might be found for further settlement,' and the expense ordered to be paid out of the public treasury. The Piscattoways were located at the head of the Potomac, and were presented with many implements of husbandryand every possible inducement held out to encourage them to make a permanent residence there. Three years provision was supplied them, that they might not want, and until they could by the cultivation of their land support themselves. Arbitrators were appointed throughout the province to determine all difficulties which might arise between the English and the Indians : *Resolved, That if there be any pretence of conquest, it can be only supposed against the NATIVE INDIAN INFIDELS; which supposition cannot be admitted, because the christian inhabitants purchased great part of the land they at first took up from the Indians, as well as from the Lord Proprietary, and have ever since continued in an amicable course of trade with them, except some partial outrages and skirmishes which never amounted to a general war, much less to a general conquest, the Indians yet enjoying their rights and priviledges of treaties and trade with the English, of whom we yet frequently purchase their rights of such lands as we take up, as well as of the Lord Proprietary.' See journal of the house of delegates, 1722-page 2, |