Cicero, in Catil: 2. 8.—uses the phrase—"Possessiones sacrosanctæ," in this sense; and so does Livy in the epithet,—"Sacrosancta potestas," as applied to the Tribuneship; and, in the sentence,—"ut plebi sui magistratus essent sacrosanctæ."
From the last sentence, in the definition given in the Venetian Dictionary of 1618, which I have cited in italics, it will be seen that the epithet had a peculiarly Catholic signification in its appropriation by the Roman Church.
3d, I contend that "sacrosancta" does not qualify "religio," but agrees with negotia, or some word of similar import, understood; and thus the phrase—"sacrosancta Dei"—forms a distinct branch of the sentence.
If the translation given in Bacon is the true one, the positions of the words "sacrosancta" and "Dei" should be reversed, for their present collocation clearly violates accurate Latin construction. In that case, "Dei" being subject to the government of "religio," ought to precede "sacrosancta," which would be appurtenant to "religio," while "et," which would then couple the two adjectives instead of the two members of the sentence, should be placed immediately between them, without the interposition of any word to disunite it either from "sacrosancta" or "vera." If my translation be correct, then the collocation of all the words in the original Latin of the charter, is proper. If "sacrosancta" is a neuter adjective agreeing with "negotia," understood,—and "et" conjoins members of sentences, then the whole clause is obedient to a positive law of Latin verbal arrangement. Leverett says: "The genitive is elegantly put before the noun which governs it with one or more words between; except when the genitive is governed by a neuter adjective, in which case, it must be placed after it."
4th, Again:—if "et" joins "sacrosancta" and "vera," which, thereby, qualify the same noun, there are then only two nominatives in the Latin sentence of the charter, viz: "religio" and "ligcantia." Now these nouns, being coupled by the disjunctive conjunction "aut," must have the verb agreeing with them separately in the singular. But, as "patiantur" happens to be in the plural, the author of the charter must either have been ignorant of one of the simplest grammar rules, or have designed to convey the meaning I contend for.
I must acknowledge the aid and confirmation I have received, in examining this matter, from the very competent scholarship of my friend Mr. Knott, assistant Librarian of the Maryland Historical Society.
APPENDIX No. II.
The scope of my discourse is confined to the illustration of principles either announced, or acted on, in the founding of Maryland and Pennsylvania. I have contended that Sir George Calvert, the first Lord Baltimore, so framed the charter which was granted by Charles I, that, without express concessions, the general character of its language in regard to religious rights, would secure liberty of conscience to christians.
I: 1632.—Language can scarcely be more perspicuously comprehensive, than in the phrase: "God's Holy Rights and the true Christian Religion." Under such a clause, in the charter, no particular church could set up a claim for its exclusive christianity. There was no mention, in the instrument, of "the Established Church," or, of "the Church of England." The Catholic could not deny the Episcopalian's christianity; the Episcopalian could not deny the Catholic's, nor could the Puritan question the christianity of either. All professed faith in Christ. Each of the three great sects might contend that its form of worship, or interpretation of the Bible, was the correct one; but all came lawfully under the great generic class of christians. And, while the political government of the colonists was to be conducted by a Catholic magistrate, in a province belonging to a Catholic Lord,—the interpretation of the law of religious rights was to be made, not by the laws of England, but exclusively under the paramount law of the provincial charter. By that document the broad "rights of God," and "the true christian religion," could not "suffer by change, prejudice or diminution."