VIII.
Virginia antagonism. Baltimore's reception in Virginia was most inhospitable. He had perhaps counted on his former relation to the colony as a councilor to assure him a welcome. But the Virginians of that time were Sandys and Southampton men. They may have remembered that Calvert had been Sandys's enemy and political rival, and that he belonged to the faction of Sir Thomas Smyth in the company. The members of that faction had been the executioners of the company when they could no longer control it. Calvert was one of the later council, which had tried to take away insidiously the privileges granted to Virginians by their charter from the Virginia Company. This attack on their liberties they had stoutly resisted, even to cutting off a piece of one of the ears of the clerk of their own assembly for abetting it. Now a nobleman of the detested faction, an advocate of absolute government and a close friend of the king, had come among them. Baltimore might easily expect to secure the governorship of Virginia itself. [Note 8.] Perhaps it is hardly necessary to go even so far afield for a motive. The prospect of a settlement of Roman Catholics within the limits of the colony was in itself enough to excite the opposition of the Virginia churchmen. Baltimore's party of Catholics was not the only one repelled from Virginia about this time. Soon after Lord Baltimore's visit, perhaps, or just before, the Virginians refused permission to a company of Irish Catholics to settle within their bounds. These appear to have gone afterward to the island of St. Christopher's, where again Protestant fellow-colonists fell out with them about religion, so that they were finally sent to settle the neighboring island of Montserrat. [Note 9.]
Character of the early Virginians. The Virginians, after all their sufferings, were now prosperous in a gross way, reaping large profits from tobacco, and living in riotous profusion after the manner of men beginning to emerge from the hardships and perils of a pioneer condition into sudden opulence. Leah and Rachel, and De Vries Voyages, passim. Their rude living did not at all prevent the colonists from being fastidious about their religion—it was the seventeenth century. Most of the Virginia clergy at this period were as reckless in life as the people, but the Protestantism of the colony was incorruptible. Some of the rabble even showed their piety by railing at the newly arrived papist nobleman.
Expulsion of Baltimore. A weapon of defense against Baltimore was ready to hand. Three years before his coming instructions had been sent from England to Yeardley to proffer the oath of supremacy "to all such as come thither with an intention to plant and reside, which, if any shall refuse, he is to be retorned or shipped from thence home." This order may not have been intended for so great a personage as a nobleman of the Court. It may have been meant only to head off humble Irishmen like those who settled Montserrat, or it may have been merely a fence against Separatists. But it served the turn of the alarmed colonists. Pott and Mathews, Claiborne and Roger Smyth, who led the opposition, offered the oath to Baltimore. Baltimore had sacrificed his place in the Privy Council rather than take this oath so contrary to his conscience, and he now again stood by his religious convictions, and took ship for England as ordered by the Virginia Council. He was disappointed and already shaken in health. The members of the council, appalled at their own boldness, perhaps, wrote to the king in self-defense. There is still extant an old manuscript record book of the seventeenth century which contains the instructions to Yeardley. MS. Book of Instructions, Library of Congress, folio 136. Immediately following, as if to put it under the shelter of royal authority, is the report of the council, without date or signature, that the oath had been offered to Baltimore and refused.
IX.
Baltimore's seal. Baltimore's hardships during two voyages to Newfoundland, and a winter in the rude abodes of pioneers there, his illness during that winter, the constant spectacle of sickness and death about him, and the disappointment caused by his rude reception in Virginia, were enough, one would think, to have broken his resolution. He went back to England "much decayed in his strength," as he confessed; but, strangely enough, this accomplished man of the world, whose career had been that of a courtier, was far from living in ease and quietness as his friends had expected him to do. He was possessed of a passion for peopling the wilderness. He had written to the king from America that he was resolved to spend "the poore remaynder" of his days in colony-planting, his "inclinations carrying him naturally" to such work. To what extent he was prompted by a desire to leave to his heir the semi-sovereignty of a principality, and how far he was carried by a naturally adventurous temper hitherto latent, we have no means of deciding; but one can hardly resist the conclusion that a fervent religious zeal was the underlying spring of a resolution so indomitable. Like many another man of that time, Calvert was lifted from worldliness to high endeavor by religious enthusiasm. The king felt obliged to interpose his authority; he forbade Baltimore's risking his life in another voyage, but he granted him a charter for a new palatinate on the north side of the Potomac.
Death of the first Lord Baltimore. Lord Baltimore was doomed never to see the desire of his eyes. He died on the 15th of April, 1632, before the charter had passed, leaving the planting of Maryland to be carried forward by his son and heir, Cecilius. The charter of Maryland passed the seals on the 22d of the following June in favor of Cecilius, the second Lord Baltimore.
X.
The charter of Maryland. The Maryland charter was no doubt the work of George Calvert's own hand. Its main provisions are identical with those of Avalon; but it put the proprietary in a still better position. He held Avalon by knight's service, Maryland in free and common soccage, and the holdings of Maryland settlers would be under the proprietary, not under the crown. In fact, the crown retained practically no rights of value in Maryland beyond the bare allegiance of the settlers. Larger privileges of trade were conceded to Maryland than had been given to Avalon. In one respect the liberties of the future settlers were apparently better guarded in the Maryland charter, for there is a faint promise of a representative government in its phraseology. But even this was not definitely assured. In a single regard the charter of Maryland appears less favorable to the Catholic religion than its predecessors. Historic specialists with a religious bias, doing their small best to render the current of history turbid, have not failed to convince themselves by means of the new clause that Maryland was a Protestant colony. The patronage and advowsons of all churches had been conferred on the proprietary in the Avalon charter, and a like concession is made in the Maryland grant; but to this, in the Maryland charter, is attached a sort of "lean-to"—a qualifying clause that appears to limit the ecclesiastical organization of the colony to Anglican forms. "Together with license and power," runs the charter, "to build and found Churches, Chapels and Oratories in convenient and fit places within the premises, and to cause them to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of England." [Note 10.] In 1632 the Baltimore family was openly Catholic. The Puritans were raging against every indulgence shown by the court to Romanists. The clamor of the Catholic-baiters did not stop with a demand that Romanists should be expelled from England. Rushworth, Part I, vol. i, 141, 1623. The Commons had a few years earlier petitioned the King that they be excluded from "all other Your Highness's dominions." The founding of an English colony that might make a home for English and Irish Romanists was a more difficult project in the reign of Charles than it had been in the time of James when Avalon was granted. The clause which allowed Baltimore to dedicate his churches according to the ecclesiastical laws of England excites admiration. [Note 11.] It graciously permitted an Anglican establishment in Maryland; it did not oblige Baltimore to do anything at all, nor did it, in fact, put any constraint whatever on his actions in this regard. The impotent clause which seemed to limit, but did not limit, the ecclesiastical organization was breathlessly followed by one far from impotent—a masterpiece of George Calvert's skill. It gave to the proprietary the legal power exercised from ancient times by the Bishops of Durham as counts-palatine. The regalities of Durham having been pared down by Henry VIII, the charter somewhat furtively reached back after the local absolutism of the middle ages by giving Baltimore all the temporal power ever possessed by any Bishop of Durham. [Note 12.] But if alarm should be taken at the giving of powers so vast to a Roman Catholic subject, there might be reassurance for timid souls in a clause in imitation of older charters than Calvert's, which stipulated that no interpretation should be put upon the charter by which God's holy and true Christian religion might be prejudiced. Ambiguity spread from the charter to some of the early Maryland laws, which wore a Protestant or a Catholic face according to the side from which they were approached.