[Note 12, page 236.] As early as 1752 it was remarked that the Maryland charter contained "the most extensive power of any charter in British America." Abercromby's Examination, MS., Landsdowne House. In Collier's Ecclesiastical History of Great Britain, vol. ix, is the writ of Edward III, A. D. 1327, by which the regalities of the bishopric of Durham are confirmed after a trial in parliament.
[Note 13, page 240.] Cecilius, Lord Baltimore, wrote to Strafford, 10 January, 1633-'34, that he had sent "a hopeful colony into Maryland with a fair and probable Expectation of Success, however without Danger of any great prejudice unto myself, in Respect that many others are joined with me in the Adventure"—that is, in the financial risk. Strafford Papers, i, 179. Twenty years later Cromwell writes to Bennet, Governor of Virginia, "We have therefore at the request of Lord Baltimore and of divers other persons of quality here who are engaged in great adventures in his interest," etc. Thurloe, i, 724. A tradition of this co-operation may have remained in Maryland a century later, for in 1755 or 1756 there was presented to the Lord Baltimore of that day, who was a Protestant, a petition from Roman Catholic residents of Maryland in which this assertion occurs: "The money and persons of this persuasion contributed chiefly to the settling and peopling of this colony." British Museum MS. 15,489.
[Note 14, page 242.] The statement of Father Henry More, in 1642, that "in leading the colony to Maryland by far the greater number were heretics," is not conclusive, though it is relied on by General Bradley T. Johnson and others. More was Provincial of the Jesuits in England, and he is no doubt repeating loosely the information contained in Father White's letter of the year before, which says, "Whereas three parts of the people in four at least are heretics"—a statement true, no doubt, in 1641, when the Kent Islanders and newcomers were counted, but not true, probably, of the company of 1634, as Bancroft seems to say.
[Note 15, page 242.] The original document is in the Stoneyhurst MSS., Anglia, vol. iv. It is reprinted in full in General Bradley T. Johnson's "The Foundation of Maryland." It tends to show that the emigration of many recusants was confidently expected.
[Note 16, page 243.] "Nubes, terrificum in morem excresentes, terrori erant intuentibus antequam discinderentur: et opinionem faciebant prodiisse adversùm nos in aciem, omnes spiritus tempestatum maleficas, et malos genios omnes Marylandiæ." Relatio Itineris, 15.
[Note 17, page 247.] See passim, Letters of Missionaries. A letter of Copley, the Jesuit, to Lord Baltimore, in Calvert Papers, p. 165, implies the possibility of Catholic incumbents of Maryland parishes. He is complaining of the law of the Assembly of 1638 relating to glebe land: "In euery Mannor 100 acres must be laid out for Gleabe lande, if then the intention to bind them to be pastors who enjoy it, we must either by retaining so much euen of our owne land undertake the office of pastors or lesse euen in our owne Mannor maintaine pastors, both which to us would be uery Inconuenient."
[Note 18, page 248.] Letters of Missionaries, p. 77. "The Catholics who live in the colony are not inferior in piety to those who live in other countries; but in urbanity of manners, according to the judgment of those who have visited the other colonies, are considered far superior to them." More than a hundred years later the Catholics retained a superiority, according to Updike's Appendix to McSparran, 1752: "The Catholics, having the start in point of time of the after settlers, are also to this day ahead of them in wealth and substance; by which means the first and best families are for the most part still of the Roman communion," p. 492.
[Note 19, page 248.] The act passed in 1704 was renewed in 1715 and still in force in 1749. I cite from Ogle's Account of Maryland, of the latter date, a manuscript at Landsdowne House, numbered 45, folio 199. In No. 61 at Landsdowne House is a decision of the Attorney-General in England in 1605 that Jesuits may be expelled from Maryland by order of the queen if aliens, but not if they are subjects. The various eighteenth-century enactments against Catholics will be found in Bacon's Laws of Maryland, passim. MS. 15,489, British Museum, cites some of these severe laws and the proceedings taken under them. Strong petitions against these measures were signed by Charles Carroll and others.
[Note 20, page 249.] Gabriel Hawley, Robert Evelin, and Jerome Hawley, appointed to places in Virginia, appear to have been Catholics and partisans of Baltimore. Aspinwall Papers, i, page 101, note.
[Note 21, page 250.] Baltimore's letter bears date February 25, 1637, and is in the Record Office, Colonial Papers, xiv, No. 42. The memorial apparently sent with it is No. 49 in the same volume. Baltimore proposes to reward Windebank for his assistance, and he sets down the very manner in which the secretary is to approach the king with a diplomatic falsehood. Both the letter and memorial are printed in Maryland Archives, Council Proceedings, pp. 41, 42.