would form a tenantry； the Lord Proprietary's men's men。 It is true that；
according to charter； provision was made for an Assembly。 Here were to sit
〃freemen of the province；〃 that is to say； all white males who were not in
the position of indentured servants。 But with the Proprietary； and not with
the Assembly； would rest primarily the lawmaking power。 The Lord
Proprietary would propose legislation； and the freemen of the country would
debate； in a measure advise； represent； act as consultants； and finally
confirm。 Baltimore was prepared to be a benevolent lord； wise； fatherly。
In 1635 met the first Assembly； Leonard Calvert and his Council sitting
with the burgesses； and this gathering of freemen proceeded to inaugurate
legislation。 There was passed a string of enactments which presumably dealt
with immediate wants at St。 Mary's； and which； the Assembly recognized；
must have the Lord Proprietary's as assent。 A copy was therefore sent by
the first ship to leave。 So long were the voyages and so slow the procedure
in England that it was 1637 before Baltimore's veto upon the Assembly's
laws reached Maryland。 It would seem that he did not disapprove so much of
the laws themselves as of the bold initiative of the Assembly； for he at
once sent over twelve bills of his own drafting。 Leonard Calvert was
instructed to bring all freemen together in Assembly and present for their
acceptance the substituted legislation。
Early in 1638 this Maryland Assembly met。 The Governor put before it for
adoption the Proprietary's laws。 The vote was taken。 Governor and some
others were for； the remainder of the Assembly unanimously against； the
proposed legislation。 There followed a year or two of struggle over this
question； but in the end the Proprietary in effect acknowledged defeat。 The
colonists； through their Assembly； might thereafter propose laws to meet
their exigencies； and Governor Calvert； acting for his brother； should
approve or veto according to need。
When civil war between King and Parliament broke out in England； sentiment
in Maryland as in Virginia inclined toward the King。 But that Puritan；
Non…conformist； and republican element that was in both colonies might be
expected to gain if； at home in England； the Parliamentary party gained。 A
Royal Governor or a Lord Proprietary's Governor might alike be perplexed by
the political turmoil in the mother country。 Leonard Calvert felt the need
of first…hand consultation with his brother。 Leaving Giles Brent in his
place； he sailed for England； talked there with Baltimore himself；
perplexed and filled with foreboding； and returned to Maryland not greatly
wiser than when he went。
Maryland was soon convulsed by disorders which in many ways reflected the
unsettled conditions in England。 A London ship； commanded by Richard Ingle；
a Puritan and a staunch upholder of the cause of Parliament； arrived before
St。 Mary's； where he gave great offense by his blatant remarks about the
King and Rupert； 〃that Prince Rogue。〃 Though he was promptly arrested on
the charge of treason； he managed to escape and soon left the loyal colony
far astern。
In the meantime Leonard Calvert had come back to Maryland； where he found
confusion and a growing heat and faction and side…taking of a bitter sort。
To add to the turmoil； William Claiborne； among whose dominant traits was
an inability to recognize defeat； was making attempts upon Kent Island。
Calvert was not long at St。 Mary's ere Ingle sailed in again with
letters…of…marque from the Long Parliament。 Ingle and his men landed and
quickly found out the Protestant moiety of the colonists。 There followed an
actual insurrection； the Marylanders joining with Ingle and much aided by
Claiborne； who now retook Kent Island。 The insurgents then captured St。
Mary's and forced the Governor to flee to Virginia。 For two years Ingle
ruled and plundered； sequestrating goods of the Proprietary's adherents；
and deporting in irons Jesuit priests。 At the end of this time Calvert
reappeared； and behind him a troop gathered in Virginia。 Now it was Ingle's
turn to flee。 Regaining his ship； he made sail for England； and Maryland
settled down again to the ancient order。 The Governor then reduced Kent
Island。 Claiborne； again defeated； retired to Virginia； whence he sailed
for England。
In 1647 Leonard Calvert died。 Until the Proprietary's will should be known；
Thomas Greene acted as Governor。 Over in England； Lord Baltimore stood at
the parting of the ways。 The King's cause had a hopeless look。 Roundhead
and Parliament were making way in a mighty tide。 Baltimore was marked for a
royalist and a Catholic。 If the tide rose farther； he might lose Maryland。
A sagacious mind； he proceeded to do all that he could； short of denying
his every belief； to placate his enemies。 He appointed as Governor of
Maryland William Stone； a Puritan； and into the Council； numbering five
members； he put three Puritans。 On the other hand the interests of his
Maryland Catholics must not be endangered。 He required of the new Governor
not to molest any person 〃professing to believe in Jesus Christ； and in
particular any Roman Catholic。〃 In this way he thought that； right and left；
he might provide against persecution。
Under these complex influences the Maryland Assembly passed in 1649 an Act
concerning Religion。 It reveals； upon the one hand； Christendom's
mercilessness toward the freethinkerin which mercilessness； whether
through conviction or policy； Baltimore acquiescedand； on the other hand；
that aspiration toward friendship within the Christian fold which is even
yet hardly more than a pious wish； and which in the seventeenth century
could have been felt by very few。 To Baltimore and the Assembly of Maryland
belongs； not the glory of inaugurating an era of wide toleration for men
and women of all beliefs or disbeliefs； whether Christian or not； but the
real though lesser glory of establishing entire toleration among the
divisions within the Christian circle itself。 According to the Act；*
〃Whatsoever person or persons within this Province and the Islands
thereunto belonging； shall from henceforth blaspheme God； that is curse
him； or deny our Saviour Jesus Christ to bee the sonne of God； or shall
deny the holy Trinity； 。 。 。 or the Godhead of any of the said three
persons of the Trinity； or the unity of the Godhead； or shall use or utter
any reproachful speeches； words or language concerning the said Holy
Trinity； or any of the said three persons thereof； shall be punished with
death and confiscation or forfeiture of all his or her lands and goods to
the Lord Proprietary and his heires 。 。 。 。 Whatsoever person or persons
shall from henceforth use or utter any reproachfull words； or speeches；
concerning the blessed Virgin Mary； the Mother of our Saviour； or the holy
Apostles or Evangelists； or any of them； shall in such case for the first
offence forfeit to the said Lord Proprietary and his heires the sum of five
pound sterling 。 。 。 。 Whatsoever person shall henceforth upon any occasion
。 。 。 declare； call； or denominate any person or persons whatsoever
inhabiting； residing； traffiqueing； trading or comerceing within this
Province； or within any of the Ports； Harbors； Creeks or Havens to the same
belonging； an heritick； Scismatick； Idolator； puritan； Independant；
Presbiterian； popish priest； Jesuite； Jesuited papist； Lutheran； Calvenist；
Anabaptist； Brownist； Antinomian； Barrowist； Roundhead； Sepatist； or any
other name or term in a reproachful manner relating to matter of Religion；
shall for every such Offence forfeit 。 。 。 the sum of tenne shillings
sterling 。 。 。 。
〃Whereas the inforceing of the conscience in matters of Religion hath
frequently fallen out to be of dangerous Consequence in those commonwealths
where it hath been practised； 。 。 。 be it therefore also by the Lord
Proprietary with the advice and consent of this Assembly； ordeyned and
enacted 。 。 。 that no person or persons whatsoever within this Province 。 。
。professing to beleive in Jesus Christ； shall from henceforth bee any waies
troubled； molested or discountenanced for or in respect of his or her
religion nor in the free exercise thereof 。 。 。 nor anyway compelled to the
beleif or exercise of any other Religion against his or her consent； soe as
they be not unfaithfull to the Lord Proprietary or molest or conspire
against the civill Government 。 。 。〃
* 〃Archives of Maryland； Proceedings and Acts of the General
Assembly〃； vol。 I； pp。 244…247。
CHAPTER XI。 COMMONWEALTH AND RESTORATION
On the 30th of January； 1649； before the palace of Whitehall； Charles the
First of England was beheaded。 In Virginia the event fell with a shock。
Even those within the colony who were Cromwell's men rather than Charles's
men seem to have recoiled from this act。 Presently； too； came fleeing
royalists from overseas； to add their passionate voices to those of the
royalists in Virginia。 Many came； 〃nobility； clergy and gentry； men of the
first rate。〃 A thousand are said to have arrived in the year after the
King's death。
In October the Virginia Assembly met。 Parliament menand now these were
walking with head in the airmight regret the execution of the past
January； and yet be prepared to assert that with the fall of the kingdom
fell all powers and offices named and decreed by the hapless monarch。 What
was a passionate royalist government doing in Virginia now that England was
a Commonwealth？ The passionate government answered for itself in acts
passed by this Assembly。 With swelling words； with a tragic accent； it
denounced the late happenings in England and all the Roundhead wickedness
that led up to them。 It proclaimed loyalty to 〃his sacred Majesty that now
is〃that is； to Charles Stuart； afterwards Charles the Second； then a
refugee on the Continent。 Finally it enacted that any who defended the late
proceedings； or in the least affected to question 〃the undoubted and
inherent right of his Majesty that now is to the Collony of Virginia〃
should be held guilty of high treason； and that 〃reporters and divulgers〃
of rumors tending to change of government should be punished 〃even to
severity。〃
Berkeley's words may be