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Toby
Terrar, “Was There a Separation between Church and State in
Mid-Seventeenth-Century England and Colonial Maryland? The Nature of Religious
Freedom within the Post-Reformation Laboring Catholic Community.” This article
originally appeared in Journal of Church and State (Waco, Texas), vol.
35, no. 1 (Winter 1993), pp. 61-82.
This
article is about the laboring Catholics in the mid-seventeenth-century English
settlement at St. Mary's in Maryland and their ideas about and efforts at
establishing religious freedom. To a certain degree it is also about the
Catholics in England. The article raises the possibility that the Catholics in
Maryland narrowed the separation between church and state to advance what they
believed was their religious freedom. At the same time, in England the laboring
people may have widened the separation between church and state to achieve the
same goal. Part of the discussion will be about why the people took one path to
religious freedom in Maryland and another in England.
The
traditional historical interpretation of the Maryland community during the
period emphasizes the role of the 1649 Act of Religious Toleration, which in a
sense widened the separation between church and state to protect the Catholics'
freedom.[1]
However, the focus in this article is on a series of laws enacted soon after
settlement which narrowed the separation between church and state. These laws
preceded the 1649 act by a decade. The earlier laws addressed a threat to the
Catholics' religious freedom that was different from but in their view no less
serious than that dealt with in the 1649 act.
St.
Mary's was the only seventeenth-century settlement in British North America
with a relatively strong Catholic presence. During the period under study the
Catholics numbered about 400, which was a quarter of the total population.[2]
They were influential in the Maryland legislative assembly and in the economic
and religious life of the community. In their correspondence, pamphlets,
legislation, and court records they left a record of their ideas about
religious freedom. There are two parts to this article. The first part
describes the challenge to the Catholics' religious freedom. The second part is
about the Catholics' solution as embodied in their legislation on the subject.
THE PROBLEM.
The difficulty which the Maryland Catholics faced concerning religious freedom,
like the St. Mary's community itself, had its origins in England. St. Mary's
was in some measure an English village transplanted 3,000 miles west. Most of
the Maryland Catholics were born and raised in England. They had been living
with limitations on their religious freedom there before coming to America. The
limitations on their religious freedom in England and Maryland derived from at
least two factors. One of the limiting factors, the one which historians
traditionally cite, centers on the Reformation and the penal laws.[3]
The monasteries and Catholic hierarchy lost their real estate and legality. It
was unlawful for Catholic priests to be trained in England or for foreign-trained
priests to minister in England.[4]
While the Catholic clergy functioned in England despite the penal laws, their
ministry was limited.
Part
of the traditional interpretation for the limitation on the Catholics'
religious freedom is the idea that Maryland and English Catholics were mainly
from the gentry class. As one writer put it, "For all intents and purposes
seventeenth-century Catholicism was a quietest sect of aristocratic and
upper-gentry families."[5]
The gentry's wealth and ability to pay fines or bribes made them attractive
targets for prosecution under the penal laws. Their vulnerability limited their
ability to work for religious freedom in England and Maryland. Those historians
who follow the interpretation for the limitation on the Catholics' religious
freedom rely mainly on the contemporary pamphlets published by the gentry and
their clergy on the continent. These pamphlets, especially those subsidized by
Rome and Spain, stressed the hardships brought by the penal laws, which
included martyrdom, imprisonment, and fines.
Until
the advent of the local English county studies and similar research in Maryland
starting in the 1960s, historians almost exclusively attributed the limitation
on the Catholics' religious freedom to the Reformation and penal laws. However,
the picture that has emerged from the local studies has brought a general
revision in how the post-Reformation Catholic community is viewed. The revision
extends to the limitation on religious freedom and the causes for it. The local
studies picture the bulk of the Catholic community as laboring people, not
gentry.[6]
Catholics were less than 10 percent of the total English population and, as
noted earlier, less than 25 percent of the Maryland population.[7]
But of this number, more than 80 percent of the Catholics in England and 90
percent in Maryland made their living from their own manual labor.[8]
They were not gentry. The evidence on which the laboring attribution is based
includes court, probate, and tax records and the Catholics' unpublished
diaries, commonplace books, and letters.
The
local county studies picture the bulk of the Catholic population as laboring
people and the penal laws as generally having no significant influence in their
lives.[9]
It might be thought that the general non-enforcement of the penal laws was a
case of administrative inefficiency. But the local studies indicate it was
rather a policy of efficiency. Exaction of the statutory 12d weekly fine on
non-attendance at Anglican services was disregarded by parochial officers
because it would have meant pauperdom for the Catholics, Puritans, and others
who did not conform. Paupers became a charge on the parish. The interest of the
church warden was to collect parish revenue, not needlessly to expand
obligations.
It
is true that convicted, recusant Catholics were denied many civil rights, most
significantly the franchise. But Protestants were also denied such rights in a
society where the gentry and nobility were constituted a separate class by law.
The franchise was limited to "40-shillings freeholders," which was
less than one-third the adult male population.[10]
The nobility had their own house in the legislature. Catholic laboring people
were denied rights because of their class. But about 20 of the 120 English
peers were Catholic. Those who were church Catholics held office and possessed
full civil rights.[11]
Those
who have been accustomed to the traditional interpretation of post-Reformation
Catholicism have complained about the work of historians such as Peter Newman,
John T. Cliffe, and Hugh Aveling: they "have quite failed to provide a
grass-roots background for the national policies of no-popery."[12]
The most important work about the period, John Bossy's English
Catholic Community is said to be "decidedly odd" for
"scarcely mentioning anti-Catholicism, a persistent feature of English
politics for nearly 300 years."[13]
The local studies are also found wanting because they do not have much about
the other traditional themes: martyrology, apology, or debates on the
hierarchy.
What one sees in the local studies
is that it was not so much the penal laws that limited religious freedom in
mid-seventeenth-century Maryland and England, as it was the class system. By
the class system being an obstacle to religious freedom is meant that the
gentry monopolized the clergy, just as they did real estate, educational
services, political power, and the courts. The Catholic community, like the
Protestant community, was a class divided society. Christopher Hill and Peter
Burke maintain that both before and after the Reformation up to half the
English population rarely received pastoral services or attended church.[14]
This was because of the people's poverty and the negative views of the gentry
and clergy about serving the laboring people. Laborers, servants, the young and
the old, whether Protestant or Catholic, were not prosecuted for non-attendance
at Anglican services. They did not have the money to make them worth
prosecuting for non-attendance, and as noted, the church wardens did not wish
to create paupers who would be a charge on the parish.[15]
In some cases, the authorities prevented or attempted to prevent laboring
people from attending services because they did not have proper clothes for
church.[16]
The
neglect of pastoral service by the established church was one of the issues
during the English Civil War of the 1640s. Gerrard Winstanley was among those
who articulated the views of the laboring people. His point was that God did
not give a monopoly on religious freedom to the gentry; the right to pastoral
services was the "birthright freedom" of everyone. The people should
not have to pay a tithe to those who did not serve them:
Therefore no marvel, that the national
clergy of England and Scotland who are the tithing priests and lords of blinded
men's spirits, held so close to their master the king, for, say they, "if
the people must not work for us and give us tithes, but we must work for
ourselves as they do, our freedom is lost." Yes, but this is but the cry
of an Egyptian task-master, who counts other men's freedom his bondage.[17]
It was a "bondage" for the
people to be denied the freedom of pastoral service. Their bondage was the
basis for the established clergy's freedom to allow the gentry to monopolize
the ministry. During the Civil War, laboring people among the Independents and
Presbyterians in England expanded their religious freedom by helping to
establish a relative separation between church and state. The system of
Anglican bishops and their church courts, which had served as an appendage to
the crown, were abolished by parliamentary legislation in 1643 and 1646.[18]
In the process the hierarchy's estates were confiscated. At the local level the
congregations in some 2,000 of England's 10,000 parishes ejected their
non-resident or pluralist pastors.[19]
Pluralists were those who held income and responsibility for two or more
parishes. In place of the dismissed clergy, the congregations hired clergy
willing to serve as residents.
The abolition of the hierarchy, the
dismissal of the parish clergy, and the general widening of the separation
between church and state in England was not generally anti-clerical. It was
just the reverse: it was testimony to the desire for a more responsive
ministry.[20]
Religious freedom, so many people believed, could be increased by widening the
separation between church and state, that is, by limiting the state's ability
to guarantee clerical tenure. An even greater widening of the church-state tie
occurred for a short period in 1653 when Parliament abolished the tithe.[21]
The tithe was a foundation of the established church. Cromwell overturned
Parliament's decision on the issue, but he was unable to prevent the people on
their own from eliminating or substantially reducing the tithe during the
period.
The
class system was as much an obstacle for the laboring Catholics' pastoral
service as it was for the Protestants'. To get a picture of how the class
system contributed to the limitation on the Catholics' religious freedom in
England and Maryland, the number, geographical, and class distribution of the
Catholic clergy can be considered. There were between 750 and 1,000 Catholic
priests serving in England in the 1640s.[22]
John Bossy, assuming the lower figure, estimates that about 450 were secular
priests and 300 were regular priests, that is Jesuits, Benedictines, and those
of several other orders. Of the seculars, 70 served in the north, 60 in Wales,
40 in London, and 270 in the south and midlands. The regular clergy were
similarly distributed. More than half, especially among those serving in the
south and midlands, were domestic chaplains and tutors for the gentry, with
little service to the laboring Catholics.[23]
That
more than half the English Catholic clergy should have ended up serving at best
20 percent of the Catholic population was in the nature of the class system.
Also in its nature was that two-thirds of both the secular and regular clergy
were from gentry families. It was generally the gentry who could afford to send
their children to the continent for the education received by the clergy.[24]
Service to the gentry as domestic chaplains meant earning £20 to £25 per year,
twice what laboring Catholics who supported families were able to make.[25]
Leander Jones noted in 1634 that being a priest was a way for the gentry to
gain a comfortable living.[26]
Most of the clergy, on their return to England after being educated abroad,
served in the same district and for the same families among which they had been
raised.
It
might appear that the ordered clergy, such as the Jesuits and Benedictines,
would be less constrained by the class system because of the corporate ties of
their orders abroad. But, if anything, the beliefs, constitutions, and customs
of the ordered clergy restricted them even more than the secular clergy from
the pastoral-congregational-parish ministry to laboring people.[27]
The Jesuits' constitution stated in part, "The more universal the good is,
the more is it divine. . . For that reason, the spiritual aid given to
important and public persons ought to be regarded as more important, since it
is a more universal good."[28]
By "important" the Jesuits meant gentry.[29]
Thomas Aquinas, himself a member of the ordered clergy, had likewise
interpreted the gospel to accommodate the class system. He called the
congregational ministry "a lower grade of perfection."[30]
For the congregational ministry to the laboring people, the practical result of
the class system embodied in the ordered clergy's customs and constitutions can
be seen in the ministry and thought of Robert Southwell, S.J. Southwell was one
of the early ordered priests in England after the Reformation. He was a
domestic chaplain to the countess of Arundel. He was critical of another priest
who served laboring people through an itinerant ministry, "I am much
grieved to hear of your unsettled way of life, visiting many people, at home
with none. We are all, I acknowledge, pilgrims, but not vagrants; our life is
uncertain, but not our road."[31]
It was the exception rather than the rule when laboring Catholics were able to
obtain the services of the ordered clergy for their congregations.
John
Bossy has found that among the Catholic gentry, the penal laws led to no
limitations on clerical services. Rather there was an oversupply of domestic
chaplains.[32]
For this reason the local county histories have been critical of the earlier
version of Catholic history which attributed the limitation on the Catholics'
religious freedom exclusively to the penal laws:
The Catholic gentry, the second group of
heroes of the Persons' version of English Catholic history, arrogated to
themselves an inappropriate share of the clerical resources of the
post-Reformation mission. The gentlemen have been credited with ensuring
"the survival of the faith" and so they did, but their faith, at the
expense of everyone else's![33]
Similarly
in Maryland, the class system, not so much the penal laws, was at the root of
the limitation on the Catholics' freedom of pastoral service. For the clergy
who migrated to Maryland, the congregational ministry to laboring people was
not a priority. The Maryland clergy were members of the Jesuit order. As in
other mission territories, their interest was in converting the Indians, in
serving as domestic chaplains to the gentry, and in the administration of their
own farms.[34]
They assumed secular clergy would come out to minister to the laboring people.[35]
This did happen in Maryland for a short period in the early 1640s when two
secular priests came out.[36]
Another secular, John Lewger, served in the latter half of the 1640s.
In
the traditional interpretation the Maryland clergy were depicted as heroic.[37]
But this mainly involved service to the Indians rather than to the laboring
migrants.[38]
The attraction to the clergy in Maryland, besides service to the gentry, was
the opportunity of service among the Indians. In England, this
"heroic" psychology was manifested by those who endured a
"glorious" martyrdom at the hands of the Protestants. For Jesuit
saints like Aloysius Gonzaga, the missionary ideal was an expression of their
"contempt" for the world. Gonzaga joined the order so that he could
"sacrifice" his life in converting the Indians to Christ in the
American missions.[39]
Nathaniel Southwell, S.J. asked his superior in 1634 to be sent to North
America because it was "the most perfect oblation of all and the greatest
sacrifice of myself which I can offer in this life to the lord. . . It is
likewise a most complete act of self-abnegation, since it is a separation in
fact from all things that are dear to me in this life, without any hope of ever
seeing them again; and so it is morally a kind of death suffered for
Christ."[40]
For such clergy in Maryland and their counterparts in England, the real
martyrdom may have been in serving laboring people.
The Solution
to the Limitation on Religious Freedom. The local studies of Maryland
and England point to the class system, that is, the unequal distribution of the
clergy as being as much an obstacle to the religious freedom of laboring people
as the penal laws. The focus of this article is on the solution which the
Maryland Catholics devised for removing the limitations on their religious
freedom. Their solution was largely legislative in nature. It involved
narrowing the separation between church and state, which in a sense was the
opposite to the solution followed by the laboring people in England. However,
the results obtained were the same. During most of the mid-century period, the
Catholics had a dominant influence in the Maryland assembly. They constituted a
majority of those whose religion is known.[41]
John Krugler finds the Protestants did not exert "any profound influence
on the colony as Protestants."[42]
Four
of the Catholics' legislative enactments addressed the religious freedom
limitation. One of the first measures which they enacted upon settlement in
Maryland was aimed at protecting their "birthright freedom" of
clerical service. This measure required that the clergy undertake the office of
"pastors."[43]
Being a pastor meant ministering to the congregations of laboring people,
performing baptisms, marriages, and burials, conducting regular services, and
giving catechetical lectures.[44]
That the assembly found it necessary to enact such a law suggests the
difficulties on the subject which they had lately experienced in England and
were then experiencing in Maryland. The reaction of the clergy to the enactment
seems to confirm this suggestion. The Maryland clergy protested against the
pastoral law, calling it "inconvenient."[45]
In
England the Parliament widened the separation between church and state by
abolishing the system of bishops and church courts which were part of the
national government. This permitted the local parishes to gain greater control
concerning the appointment and tenure of the clergy. Congregations were able to
eject the pluralist and non-resident clergy who had been protected by the
hierarchy. In Maryland the same object, the right to pastoral service, was
obtained by narrowing the separation between church and state with the pastoral
law. Unlike in the established parishes in England, the Maryland congregations
had no alternative supply of clergy to replace those who were unwilling to
provide pastoral services. The logical way for them to obtain their birthright
involved narrowing the separation of church and state in order to encourage the
clergy who were in Maryland to as pastors.
The
pattern of narrowing the separation between church and state in defense of the
Catholics' religious freedom was also followed in a second assembly enactment.
This was a praemunire law which made it a capital offense for the clergy to
appeal to the authority of canon law, church courts, the Jesuits'
constitutions, or Rome's authority.[46]
As one priest put it, the praemunire law gave the Catholics the right to
"hang" any clergyman who invoked excommunication against them for,
among other things, the pastoral law. The praemunire enactment was a penal law,
but in England it had predated the Reformation by several hundred years and
reflected what was probably the traditional fraternal rather than paternal or
inferior relation between the English and Roman church.[47]
The praemunire law in Maryland was useful to the community because the Jesuits'
constitution, as noted earlier, directed them to give a priority to the
conversion of the Indians and to the service of the magnates.[48]
One scholar puts it, the Jesuits forswore for themselves the office of
pastorate.[49]
The praemunire law made it a criminal offense for the clergy to avoid the
congregational ministry to the laboring people by citing their constitutions or
orders from Rome or by threatening to excommunicate the Catholics for
interfering with the clergy's priorities.[50]
There
was an additional positive aspect of the praemunire law besides putting a
limitation on the ability of the hierarchy and Roman establishment to interfere
with the Catholics' religious freedom. This was that the praemunire law
prevented the establishment of local church courts.[51]
Despite the clergy's protests, the Maryland assembly assigned to the provincial
(common law) court matters that traditionally came under the jurisdiction of
church courts in England and on the continent. Where church courts existed in
both Catholic and Protestant countries, they seem to have been used by the
gentry against the pastoral interests of the working people. For example, in
Mexico during the mid--century period, church courts were an appendage to the
Spanish colonial order. The Mexican gentry employed corporal punishment to
coerce obedience from the laboring people. When slaves and servants rebelled
during such punishment by blaspheming, they were turned over to church courts.
The church courts then applied torture, which was legal, to gain an admission
of guilt concerning the blasphemy. Then they were further punished by the
church courts to gain obedience.[52]
Torture and punishment of laboring people for the profit of the gentry was
detrimental the religious freedom of the laboring people.[53]
Even without the courts, the Maryland clergy waged at least one anti-blasphemy
campaign among their own servants.[54]
In
the 1630s the Catholics in England had pressured the government there to invoke
the praemunire law against their own bishop, Richard Smith, and force him into
permanent exile in France. The reason for the Catholics' antipathy against
Smith had been his attempt to establish church courts with jurisdiction over
testaments, legacies, and marriages.[55]
These courts would turn the ministry into a "leach" on the people, as
one contemporary put it. The English Catholics claimed that the
"fear-mongering" doctrine of purgatory, the refusal to administer the
sacraments, and the church courts were all part of a system to gain undeserved
legacies for the hierarchy.[56]
In Maryland, even without church courts, the clergy attempted to interfere in
civil marriages between Catholics and Protestants. Had canon law been
permitted, Catholics would have even been denied the right to marry
Protestants.[57]
Besides
the pastoral and praemunire laws, the Maryland Catholics took several other
steps which narrowed the separation between church and state in order to
promote their religious freedom. As in Wales and in other mission countries,
the clergy took up the ownership of farms in Maryland.[58]
This required one of the clergy to be occupied full-time in estate management.[59]
The tendency of the clergy to slip into the role of gentleman farmers became an
obstacle to the pastoral ministry in eighteenth-century Maryland.[60]
The farming enterprises and profit-making of missionaries was a big enough
problem generally that Pope Urban VIII in 1633 issued legislation outlawing
these activities. However, this legislation was directed mainly at Latin
America and Africa, where most of the missions were located. The prohibitions,
like all canon law, only had effect when the local government was willing to
enforce it.[61]
The Maryland Catholics devised their own legislative solution which limited the
farm management activity of their clergy. This legislative solution consisted
in the enactment of an anti-mortmain law, which in effect outlawed the
ownership of property by the clergy.[62]
The clergy's protests, which were echoed by their superiors in London and Rome,
were strong and seem to indicate the Catholics were touching on a fundamental
issue.[63]
The
anti-mortmain law inhibited the tendency toward the clergy's involvement in
estate management and it made possible the establishment of St. Mary's chapel.
The chapel was built by a joint subscription of the Protestants and Catholics
in 1638. It was 18 x 30 feet in size, of brick construction, and used by both
Catholics and Protestants.[64]
Building it jointly with Protestants cut down on the costs to the Catholics.
Such collaboration where the clergy owned the church would have been
impossible. The clergy could have been excommunicated by Rome for permitting
Protestant services.
Also
in the category of promoting the Catholics' religious freedom despite the
preferences of the clergy for a wider separation between church and state was a
fourth assembly measure. It put limitations upon the clergy's freedom to
proselytize among the Indians. This in effect increased their availability for
service to the laboring Catholics.[65]
An indication that the mission had not lived up to the preferences of the
Jesuit hierarchy is that in the 1650s the superior in England, Edward Knott,
S.J., sought to abolish the Jesuit presence in Maryland. But by the 1650s the
clergy had been serving in a pastoral role for 20 years and apparently had been
won over to it. It was the clergy who successfully petitioned to the superior
for the continuation of their presence.[66]
This
article emphasizes the role of the Maryland Catholics in solving the limitation
on their religious freedom. But the Maryland Protestants also contributed to
the solution. It was not only the Catholics but also the Protestants who
experienced limitations on their right to the pastoral ministry. For much of
the period, the Maryland Protestants had no clergy. Their solution was often to
join the Catholic congregations. For example, in 1638 nearly all the Protestants
who migrated to Maryland became Catholics.[67]
This may have been as many as 100 people. They joined because Catholic clergy
were present to minister. There were generally one to three priests serving in
Maryland at any particular time. Twelve priests in all served the community
during the mid-seventeenth century for periods of from 6 months to 15 years.[68]
The Catholic growth was great enough that within the first decade of settlement
three Catholic congregations were established.[69]
The legislative solution to the limitations on the Catholics' freedom could not
have been achieved without the help of the Protestants, many of whom directly
benefited from the legislation.
The
Maryland Catholic growth was similar to the pattern of growth in northern and
western England and in Ireland.[70]
The English Catholic convicted recusant population increased by one-half, from
40,000 to 60,000, between 1603 and 1641.[71]
As noted, a majority of the clergy lived in the south of England, served the
gentry, and had no relation to the bulk of the Catholic community. The Catholic
population even declined in this area in the seventeenth century. This was in
part because there was sufficient Anglican clergy but also because the Catholic
gentry did not wish to share the services of the Catholic clergy with the
laboring people.[72]
But the minority of the Catholic clergy who chose (or were forced because of an
over supply of domestic chaplains) to exercise an itinerant and congregational
ministry in the north and west gained substantial results.[73]
Illustrative of the congregational priests was Nicholas Postgate. He reported
on the fruitful nature of his ministry, "at this moment I have quite 600
penitents, and could have more if I wished; or rather, what I lack is not will,
but help; I am working to the limits of my strength."[74]
As
in Maryland, the growth of Catholicism in England was linked to the absence of
Anglican clergy and the presence of Catholic clergy. Areas such as Lancashire,
Yorkshire, the Northern High Peake district, and Monmouthshire on the South
Wales border had Anglican parishes which were large and poor.[75]
They offered little income for the established clergy, and consequently the
needs of laboring people tended to be ignored.[76]
Those Anglican clergy who did serve were sometimes non-residents or pluralists.[77]
In Yorkshire, for example, there were 314 parishes, but there were 470 settled
places of worship. In effect this meant there were more than 100 potential
Yorkshire parishes without regular clergy.[78]
In these areas, as one writer puts it, Catholicism had "an ability to
attract and hold people as diverse as Cleveland jetters, fisherman, tailors,
small gentry, farmers, ambitious new peers, and declining old ones. It had an
extraordinary tenacity of attraction for the most marginal."[79]
The
conditions were similar in Lancashire. While in some counties there was one
Anglican priest per 400 people, in Lancashire's 56 Anglican parishes, it was
sometimes closer to 1,700 people per priest.[80]
Catholic priests willing to serve without pay or rather to serve a circuit in
exchange for a meal with a family and a night's rest under their roof had
unlimited congregations.[81]
Just as in Maryland, so in England, the Protestants sometimes solved their
priest shortage by joining Catholic congregations.
For
some Catholic recusants in England the penal laws created difficulties. But for
others, such laws may have helped expand religious freedom. That is, from the
perspective of those Maryland and English Protestant laboring people whose
pastoral needs were neglected by the established clergy, the penal laws created
a dual clergy system, which encouraged or forced at least some of the Catholic
clergy to look for employment among the neglected. It seems these laws at times
had pastoral results for religious freedom not anticipated by their authors in
the Anglican hierarchy.
CONCLUSION.
To sum up, the local county studies in England and similar studies of Maryland
since the 1960s have revised the way historians view post-Reformation
Catholicism. Catholicism is now seen to have been mainly a religion of laboring
people, not gentry. The Catholic community had limitations on its freedom, but
at least concerning pastoral service, the limitation was on the laboring people
not the gentry. The limitation was related to the class system, not only to
penal laws.
The
article has suggested that the revision in the picture of post-reformation
Catholicism may extend not only to the reasons for the limitation on Catholic
religious freedom, but to the way the Maryland Catholics solved it. The early
Maryland Catholics have traditionally been celebrated for their 1649 law on
religious toleration, which broadened the separation between church and state.
In the context of the seventeenth century, however, the legislation narrowing
the separation between church and state may have also been significant.[82]
For laboring Catholics, the obstacle to their freedom was as much from the
gentry Catholics and clergy as it was from the intolerance of Protestants. This
may be the reason the pastoral legislation preceded the toleration law by a
decade. Perhaps pastoral service, not Protestantism, was the main thing on
their mind.
The
Maryland Catholics' achievements and the religious-biblical tradition which it
represents seemingly has relevance to the continuing debate about the nature of
religious freedom and the separation of church and state. Contemporary American
structural-functional sociology emphasizes the freedom, as one French writer
put it, of both the rich and the poor to sleep under bridges rather than the
freedom of all to housing. The structural-functionalists, none of whom sleep
under bridges, minimize class in discussing freedom. The experience of the
post-Reformation Catholics seems to have been that religious freedom involved not
only the church-state issue, but the class issue. For them, the contradiction
was not only between church and state, but between gentry and laboring people.
Their experience in looking at religious freedom was that one had to ask,
"freedom for whom and for what."
During
the mid-seventeenth century the leveler movement in England embodied many of
the laboring people's desires for "class" freedom. The Maryland
community actually achieved some of these aspirations: taxes were small and
non-existent on food and other necessities, they had an annual parliament, a
wide franchise, equal constituencies, no tithes or bishops, a simplified legal
system, no imprisonment for debt, and no enclosures. The "birthright
freedom" of pastoral service was not least among the levelers' aspirations
which were realized in Maryland. What A. L. Morton says about the levelers
might also in part be said of the Maryland Catholics' church-state relations:
A party that held the center of the stage
for three of the most crucial years in our nation's history, voiced the
aspiration of the unprivileged masses, and was able to express with such force
ideas that have been behind every great social advance since their time, cannot
be regarded as wholly a failure or deserve to be wholly forgotten.[83]
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[1]"Act Concerning Religion" (Apr.
1649), Archives of Maryland, ed. William H. Browne
(72 vols., Baltimore: Maryland Historical Society, 1883-1972), vol. 1, pp.
244-247; Carl Everstine, "Maryland's Toleration Act: An Appraisal," Maryland Historical Magazine, 79 (1984), 99, 104; David
Jordan, "`The Miracle of this Age,' Maryland's Experiment in Religious
Toleration, 1649-1689," Historian, 47 (1985),
338-359.
[2]Michael Graham, "Meetinghouse and
Chapel: Religion and Community in Seventeenth-Century Maryland," in Lois
Green Carr, Philip Morgan, and Jean Russo, Colonial
Chesapeake Society (Chapel Hill: University of North Carolina Press,
1989), p. 247; Russell Menard, "Population, Economy and Society in
Seventeenth-Century Maryland," Maryland Historical
Magazine, 79 (Spring 1984), 72; Russell Menard, Economy
and Society in Early Colonial Maryland (New York: Garland Pub., [1975],
1985), p. 136; John Lewger, "The Cases" (1638), in Thomas Hughes
S.J., History of the Society of Jesus in North
America: Colonial and Federal (New York: Longmans, Green and Co., 1917),
documents, vol. 1, p. 158.
[3]John Morris, S.J. (ed.), Troubles of our Forefathers (3 vols., London: Burns and
Oates, 1877); Hugh Tootell, Dodd's Church History of
England from the Commencement of the Sixteenth Century to the Revolution in
1688 (5 vols., New York: AMS Press, [1839-1843] 1971), vol. 3, pp.
75-170; vol. 4, pp. 160-180; Philip Caraman (ed.), The
Years of Siege: Catholic Life from James I to Cromwell (London:
Longmans, Green and Co., 1966).
[4]Francis X. Walker, "Implementation
of the Elizabethan Statutes against Recusants," unpublished Ph.D.
dissertation, University of London, 1961, p. 29; Martin Havran, The Catholics in Caroline England (Stanford, Cal.:
Stanford University Press, 1962), pp. 8-10.
[5]Lawrence Stone, The
Crisis of Aristocracy, 1558-1641 (New York: Oxford University Press, 1965),
pp. 730-731; John Krugler "`With Promise of Liberty in Religion,' The
Catholics Lord Baltimore and Toleration in Seventeenth-Century Maryland,
1634-1692," Maryland Historical Magazine, 79
(Spring 1984), p. 37; Michael Graham, S.J., "Lord Baltimore's Pious
Enterprise: Toleration and Community in Colonial Maryland," unpublished
Ph.D. dissertation, University of Michigan, 1983, p. 99; Charles Mclean
Andrews, The Colonial Period of American History
(4 vols., New Haven: Yale University Press, 1936), vol. 2, p. 298.
[6]Hugh Aveling, O.S.B., Catholic Recusancy in the City of York, 1558-1791 (St.
Albans, Hertfordshire, Eng.: Catholic Record Society, 1970), pp. 86-87; J. A.
Hilton, "The Recusant Commons in the Northeast, 1570-1642," Northern Catholic History, no. 12 (Autumn 1980), 4;
Keith Lindley, "The Lay Catholics of England in the Reign of Charles
I," Journal of Ecclesiastical History, 22
(1971), 203.
[7]Anne Whiteman, "Introduction," The Compton Census of 1676: A Critical Edition (London:
Oxford University Press, 1986), p. lxxvii; Gregory King, Two
Tracts, (a) Natural and Political Observations and Conclusions upon the State
and Conditions of England, (b) of the Naval Trade of England, ed. George
Barnett (Baltimore: The Johns Hopkins University Press, 1936), p. 18; Edward A.
Wrigley and R. S. Schofield, The Population History of
England, 1541-1871: A Reconstruction (London: Edward Arnold, 1981), p.
208, Table 7.8.
[8]St. Mary's City Commission, "Career
Files of Seventeenth-Century Lower Western Shore Residents," (Annapolis:
Hall of Records, 1989). The "Career Files" are an alphabetically
arranged data base for each of the 5,000 seventeenth-century (1,955 up until
1660) Maryland residents known by name. In constructing the "Career
Files," the public records in Maryland were "stripped." Each
individual's "Career File" contains a copy of every document in which
the individual's name is mentioned. Many files are 100 pages or longer. Forty
items from each of the "Career Files" have been entered into a
personal computer (D-Base IV) program, A Biographical
Dictionary of St. Mary's County Residents, 1634-1705 (1991). It is
available from Historic St. Mary's City, C/O Lois Green Carr, 350 Rowe
Boulevard, Hall of Records, Annapolis, Md. 21401. I am indebted Dr. Carr for
making the "Career Files" and D-Base IV disks available for this
article. For the laboring nature of the English Catholic population see David
Mosler, "Warwickshire Catholics in the Civil War," Recusant History, 15 (1980), 261; Hilton, "The
Recusant Commons in the Northeast," p. 7; Leslie A. Clarkson, The Pre-Industrial Economy in England, 1500-1750 (New
York: Schocken, 1972), p. 66.
[9]D. C. Coleman, "Labor in
Seventeenth-Century England," Economic History
Review, (1956), 283-284; Barry Reay, "Popular Religion," Popular Culture in Seventeenth-Century England (New
York: St. Martin's Press, 1985), p. 95; Christopher Hill, Society and Puritanism in Pre-Revolutionary England (New
York: Schocken Books, 1967), pp. 472-475; Hugh Aveling, O.S.B., "Some
Aspects of Yorkshire Catholic Recusant History, 1558-1791," Studies in Church History, 4 (1967), 108; Aveling, Catholic Recusancy in the City of York, p. 87; Peter
Newman, "Roman Catholics in Pre-Civil War England: The Problem of
Definition," Recusant History, 15 (1979), 148-149;
John T. Cliffe, The Yorkshire Gentry from the Reformation
to the Civil War (London: Athlone Press, 1969), p. 202; Hugh Aveling,
O.S.B., Northern Catholics: The Catholic Recusants of the
North Riding, Yorkshire, 1558-1790 (London: Geoffrey Chapman, 1966), pp.
216, 217.
[10]Derek Hirst, The
Representative of the People? Voters and Voting in England Under the Early
Stuarts (Cambridge: University Press, 1975), pp. 5, 22, 32, 157, 233.
[11]Peter Newman, Royalist
Officers in England and Wales, 1642-1660: A Bibliographical Dictionary
(New York: Garland Pub., 1981), pp. 7, 21-22, 92, 211, 313, 361-362, 377, 419,
441.
[12]Caroline Hibbard, "Early Stuart
Catholicism: Revision and Re-Revisions," Journal of
Modern History, 52 (1980), 4.
[13]Hibbard, "Early Stuart Catholicism,"
p. 9.
[14]Reay, "Popular Religion," p.
95; Hill, Society and Puritanism, pp. 472-475. D.
C. Coleman, "Labor in Seventeenth-Century England," pp. 283-284,
estimates that between one-fourth and one-half of England's population in 1660
was "chronically below what contemporaries regarded as the official
poverty line."
[15]Aveling, Catholic
Recusancy in the City of York, p. 87.
[16]Aveling, "Some Aspects of Yorkshire
Catholic Recusant History," p. 108; John Bossy, The
English Catholic Community, 1570-1850 (London: Darton, Longman and
Todd), 1975), p. 187.
[17]Gerrard Winstanley, The Law of Freedom on a Platform, or True Magistracy Restored
(London: Giles Calvert, 1651), pp. 17-18; reprinted in Christopher Hill (ed.), The Law of Freedom and other Writings (New York: Cambridge
University Press, 1983), pp. 299-300.
[18]Carson I. A. Richie, The Ecclesiastical Courts of York (Arbroath: Herald,
1956); Aveling, Northern Catholics, pp. 205, 247,
322; William Shaw, A History of the English Church,
1640-1660 (New York: B. Franklin, [1900] 1974), vol. 1, pp. 91, 120-121,
225-227, vol. 2, p. 210; "Act for the Abolition of the Court of High
Commission," (1641), 17 Car. 1, cap. 11, in Henry Gee (ed.), Documents Illustrative of English Church History
(London: Macmillan, 1921), pp. 547-550; Roland G. Usher, The
Rise and Fall of the High Commission (Oxford: Clarendon Press, 1913);
Hill, Society and Puritanism, p. 343.
[19]Joan Wake, The
Brudenells of Deene (London: Casell, 1954), p. 143; Robert Brenner,
"The Civil War Politics of London's Merchant Community," Past and Present, 58 (1973), 98.
[20]Hill (ed.), Law of
Freedom, p. 282.
[21]Christopher Hill, God's
Englishman: Oliver Cromwell and the English Revolution (London:
Weidenfeld and Nicholson, 1970), pp. 133-135; Eric Evans, "Tithes" The Agrarian History of England and Wales: 1640-1750,
ed. Joan Thirsk (Cambridge: University of Cambridge Press, 1985), vol. 5, pt.
2, p. 394; Margaret James, "The Political Importance of the Tithes
Controversy in the English Revolution, 1640-1660," History,
26 (1941), 11.
[22]Bossy, English
Catholic Community, pp. 211, 217, 227.
[23]Ibid., pp. 227-228, 237.
[24]Ibid., pp. 166, 199, 210; Thomas Knox (ed.) The First and Second Diaries of the English College, Douay
(London: D. Nutt, 1878), pp. 44-45. According to B. G. Blackwood, "Plebeian
Catholics in the 1640s and 1650s," Recusant History,
18 (1986), 172, those from a laboring background seemed to have had a
preference for serving in the secular clergy.
[25]Bossy, English Catholic Community,
p. 231.
[26]Ibid., p. 220.
[27]John O'Malley, S.J. "Was Ignatius
Loyola a Church Reformer? How to Look at Early Modern Catholicism," 77 Catholic Historical Review (1991), 181, 188.
[28]Ignatius Loyola, S.J., The Constitutions of the Society of Jesus, trans. George
Ganss, S.J. (St. Louis: Institute of Jesuit Sources, 1970), p. 275, part VII,
ch. 2, paragraph 622 d-c.
[29]This was not far different from the
argument of Gregory the Great and the landlords' clergy for a millennium. It
was, as Paul Meyvaert, "Gregory the Great and the Theme of Authority,"
Spode House Review, (1966), 24, points out, the
age-old justification, in a Christian version, of Roman imperialism, the
natural subordination of barbarians to Romans, as slaves to freemen. It turned
up "dismayingly often" (ibid., p. 23) in
the heroes of the gentry.
[30]Thomas Aquinas, O.P., Questiones quodlibetales, ed. R. Spiazzi (Taurino: Casa
Marietti, 1956), I. 7, 2; III. 6, 3; see also, Leonard Boyle, Pastoral Care, Clerical Education, and Canon Law, 1200-1400
(London: Variorum, 1981), pt. II: p. 251.
[31]Robert Southwell, quoted in Christopher
Haigh, The English Reformation Revised (New York:
Cambridge University Press, 1987), p. 198; see also, Henry Foley, Records of the English Province of the Society of Jesus
(3 vols., New York: Johnson Reprint Co., [1875], 1966), vol. 1, p. 338; Richard
Challoner, Memoirs of Missionary Priests and Other
Catholics of both Sexes, that have Suffered Death in England on Religious
Accounts from the years 1577 to 1684, ed. John Pollen (London: Burns and
Oates, [1803] 1924), p. 232. William Andleby was one of the priests criticized
for lowering the priestly dignity by dressing as, living among, and serving
congregations of laboring people.
[32]Bossy, English Catholic Community,
p. 252-253, 261, 422.
[33]Christopher Haigh, "From Monopoly to
Minority: Catholicism in Early Modern England," Transactions
of the Royal Historical Society, 31 (1981), 138, 145. Reformers at the
Council of Trent had sought legislation that would have forced the clergy to
reside in parishes and be pastors. The reformers were on many points defeated.
In France, it was only with the Revolution and the Civil Constitution of the
Clergy that the pastoral requirement was achieved. See John Steward (ed.), A Documentary Survey of the French Revolution (New York:
Macmillan, 1951), document 31, pp. 169-181.
[34]Edwin Beitzell, The
Jesuit Missions of St. Mary's County Maryland (Abell, Md.: n.p., 1976),
pp. 15-16; Hughes, History of the Society of Jesus,
text, vol. 1, p. 5.
[35]Nicholas Cushner, Farm
and Factory: The Jesuits and the Development of Agrarian Capitalism in Colonial
Quito, 1600-1767 (Albany, N.Y.: SUNY Press, 1982), p. 134. The Jesuits'
counterparts in other parts of the colonial world hired secular clergy to
attend to the needs of the laboring people, including Indians, who worked on
their (the Jesuits') estates. At least in Quito, the Jesuits were mainly
involved in ministering to the colonial gentry.
[36]Cecil Calvert, "Instructions Given
to Commissioners for my Treasury in Maryland" (Nov. 18, 1645), Archives of Maryland, vol. 3, p. 143. The Jesuits may
have expected the secular clergy to minister to the Maryland Catholics, but at
the same time they attempted to prevent the seculars from migrating to
Maryland. See John Krugler, "Lord Baltimore, Roman Catholicism, and
Toleration: Religious Policy in Maryland during the Early Catholic Years,
1634-1649," Catholic Historical Review, 65
(1979), 73. They also objected to and asked to be excepted from legislation
that required that glebe land be established for the support of pastors. See
Hughes, History of the Society of Jesus,
text, vol. 1, p. 410.
[37]Psychologically and economically the
Maryland clergy identified with the gentry and shared the gentry's low regard
for the needs of laboring people. Christopher Bagshaw, A
True Relation of the Faction begun by Fr. Persons at Rome (1601), ed.
Thomas Law (London: D. Nutt, 1889), p. 105, wrote at the time, "The
Jesuits are used to fawn upon men of noble birth, especially if they be rich.
They look not after the cottages of the poor, nor minister their help to them,
be they ever so much in need." Christopher Haigh, "From Monopoly to
Minority," pp. 138-139, comments:
The brand of religion which appealed to
illiterate peasants offered little satisfaction for the priestly products of the
seminaries, Jesuit Colleges, and reformed Benedictine monasteries, who
preferred the spiritual life of an educated household. . . If priests became
private chaplains to landlords because of the brand of religion they professed,
they did so too because of the kind of men they were and their concepts of
clerical dignity. . . The devotional works printed for English Catholics were
designed for the gentry family. They enjoin a life of piety which created a
demand for domestic chaplains, and the patterns of intense family religiosity,
was followed in manor-houses across the country.
[38]The clergy complained of having no
servants, of the "factious" working men who dominated the Maryland
assembly, and of having to live in a "mean" and "vile hut."
See Thomas Copley, S.J., "Letter to Lord Baltimore" (Apr. 3, 1638),
in "Calvert Papers," Fund Publications
(Baltimore: Historical Society, 1889), no. 28, pp. 162, 164, 166, 169; Hughes, History of the Society of Jesus, documents, vol. 1, no.
8, T (1655-1656); ibid., text, vol. 2, p. 59.
[39]Virgilio Cepari, The
Life of Aloysius Gonzaga [1627] in D. M. Rogers, English
Recusant Literature, 1558-1640 (London: Scolar Press, 1977), vol. 201,
p. 92.
[40]Hughes, History of the Society of Jesus, text, vol. 1, p. 5.
[41]Edward Papenfuse (ed.), A Biographical Dictionary of the Maryland Legislature,
1635-1789 (Baltimore: Johns Hopkins University Press, 1985), p. 15,
lists those who were delegates to the Maryland assembly. They have been cross
checked with the "Career Files."
[42]John Krugler, "Puritan and Papist:
Politics and Religion in Massachusetts and Maryland before the Restoration of
Charles II," unpublished Ph.D. dissertation, University of Illinois at
Urbana-Champaign, 1971, p. 171. Both Krugler, ibid.
and Russell Menard, "Maryland's Time of Troubles: Sources of Political
Disorder in Early Maryland," Maryland Historical
Magazine, 76 (1981), 126, have examined the matter and conclude that
there was no feud between Protestants and Catholics out of which legislation
hostile to the Catholics might have arisen.
[43]Thomas Copley, S.J. "Letter to Cecil
Calvert" (Apr. 3, 1638), in "Calvert Papers," pp. 162-165.
[44]"William Rosewell," in
"Career Files," box 21; "John Thimbleby," "Career
Files," box 24, and "William Hawley," "Career Files,"
box 12; Catholic Clergy, "Annual Letter of the English Province of the
Society of Jesus" (1638), in Clayton Hall (ed.), Narratives
of Early Maryland, 1633-1684 (New York: Charles Scribners Sons, [1910],
1925), pp. 119, 122-123.
[45]Copley, "Letter to Cecil
Calvert" (Apr. 3, 1638), in "Calvert Papers," pp. 162-165.
[46]Ibid., p. 165; Alfred Dennis, "Lord
Baltimore's Struggle with the Jesuits, 1634-1649," Annual
Report of the American Historical Association, 1 (1900), p. 114. The
Roman establishment itself often taught that it was wrong but in its canon law
accepted the accumulation or multiple holding of benefices, that is, parish
income, and acknowledged that the receiver of the benefices did not have to
fill their conditions, that is, serve as pastor. The suspension of such canon
law contributed to the pastoral service of the laboring people. See R. H.
Helmholz, Roman Canon Law in Reformation England
(New York: Cambridge University Press, 1990), p. 4. Lyndwood's pre-Reformation
collection of canon laws stated that plural holding was valid when apostolic
(Roman) dispensation was granted. See J. V. Bullard and H. Chalmer Bell (ed.), Lyndwood's Provinciale: The Text of the Canons Therein
contained, reprinted from the translation made in 1534 (London: Faith
Press, 1929), pp. 53-54. The English translation of the Provinciale
left out Lyndwood's gloss concerning benefices. The gloss can be found in
Arthur Ogle, The Canon Law in Medieval England: An
Examination of William Lyndwood's "Provinciale" (London: J.
Murray, 1912), p. 56, who writes, "The constitutions of Bonifice are penal
and concern the liberties of the church and the violation of it. But these
constitutions are little observed [in England]." See also Corpus Juris Canonici, vol. 2, Decretales D. Gregorii IX suae
integritati una cum glossis, etc., (3 vols., Rome: Populi Romani, 1582),
vol. 2, p. 1036 (c. 18, X, III, 5 [Decretales of Gregory IX, book 3, title, 5,
chapter 18]); vol. 2, p. 1040 (c. 21, X, III, 5 [ibid.,
chapter 21]); Charles H. Lefebvre, "Canon Law," New Catholic Encyclopedia (New York: McGraw-Hill, 1967),
vol. 3, p. 51.
[47]The First Statute of Praemunire (27
Edward III, Stat. 1) was enacted in 1353. It is reproduced in Gee, Documents Illustrative of English Church History, pp.
103-104. It outlawed legal appeals to Rome and the extension of Roman law to
England. Penalties included outlawry, forfeiture, imprisonment, and banishment.
Pope Martin V (ruled 1417-1431), as quoted in Ogle, Canon
Law in Medieval England, p. 165, protested that the laws against the
Jews and Saracens did not have such dire consequences as these. The same
purpose had been served prior to praemunire by common law writs of prohibition,
of quare impedit, of quare
non admisit, of quare non-permittit, and by
the long-established right, reaffirmed by an ordinance in 1343, of forbidding
the introduction into England of papal bulls prejudicial to the church. See W.
T. Waugh, "The Great Statute of Praemunire," English
Historical Review, 37 (1922), 193-194, 204. Beginning in the 1480s praemunire
began to be applied not only to Roman courts but to litigation in the English
church courts. Litigants used common law courts to punish those who sued them
in church courts. R. H. Helmholz, Roman Canon Law in
Reformation England, p. 33, concludes that by the time of the
Reformation, a jurisdictional reformation had already occurred because of the
expanded use of praemunire.
[48]Loyola, Constitutions
of the Society of Jesus, pp. 267-271, part 7, ch. 1, mandated the
requirement of missionary work. The constitutional requirement of service to
the gentry was cited earlier. See also John O'Malley, S.J., "To Travel to
any Part of the World: Jerome Nadel and the Jesuit Vocation," Studies in the Spirituality of the Jesuits, 15 (1983),
5; John O'Malley, "Renaissance Humanism and the Religious Culture of the
First Jesuits," Heythrop Journal, 31 (1990),
482.
[49]O'Malley, "Was Ignatius Loyola a
Church Reformer?" pp. 181-182.
[50]The clergy were not able to avoid the
congregational ministry, but the Maryland "chief men" and "noble
matrons" still seem to have received a disproportionate amount of their
services. See Anonymous, "Annual Letter of the Society of Jesus to
Europe" (1638), in Foley, Records, vol. 3, p.
371.
[51]Hughes, History of
the Society of Jesus, text, vol. 1, p. 456.
[52]Colin A. Palmer, Slaves
of the White God: Blacks in Mexico, 1570-1650 (Cambridge, Mass.: Harvard
University Press, 1976), pp. 148-150, describes the process:
The accused person who balked at
confessing could be tortured into making an admission of guilt. . . The most
common offenses were blasphemy, sorcery, and witchcraft. . . . In its efforts
to foster religious orthodoxy, the Inquisition relentlessly pursued blasphemers
among the Mexican population, slave and free.
[53]The gentry's manipulation of the clergy
resulted in the laboring people's renunciation of the master's God to whose
established order the laborer was to be obedient. One scholar who has studied
the Mexican courts, Colin Palmer, Ibid., p. 152,
comments:
Blasphemy appeared to be the instinctive
reaction by a slave to an unbearable situation. In this sense they were no
different from the ordinary Spaniard, who used blasphemous words as a matter of
course. Blasphemous expressions seem to have been in the mouth of everyone,
ineradicable by the most severe legislation.
[54]"The Process Against William Lewis,
Francis Gray, Robert Sedgrave" (July 3, 1638), Archives
of Maryland, vol. 4, pp. 35-37.
[55]Anthony Allison, "A Question of
Jurisdiction, Richard Smith, Bishop of Chalcedon and the Catholic Laity,
1625-1631," Recusant History, 7 (1982-1983),
112, 127; Hughes, History of the Society of Jesus,
text, vol. 1, pp. 207-208, 212, 214.
[56]Thomas White, The
Middle State of Souls from the hour of death to the day of judgment (London:
n.p., 1659), pp. 205-206; Allison, "A Question of Jurisdiction," p.
136; John Milton, "A Reformation of England," The
Prose Works of John Milton (5 vols., London: H. G. Bohn, 1881), vol. 2,
pp. 402-404. Only one purgatory bequest to "pray for the souls of me and
my wife" was upheld by the Maryland provincial court during the
mid-seventeenth-century period. This occurred in 1656, at a point when the
provincial court had just recently come under the exclusive control of the
Presbyterians. The Presbyterians may not have recognized the purgatory nature
of the bequest or they may have been more liberal on the subject than the
Catholics. See "William Johnson" (June 7, 1656), "Career
Files"; Graham, "Lord Baltimore's Pious Enterprise," p. 97.
[57]Beitzell, Jesuit
Missions, p. 28.
[58]The waste of clerical resources in estate
administration was common in the Latin American missions. See, Cushner, Farm and Factory, pp. 11-16, 59, 134.
[59]Anonymous, "Annual Letter of the
Jesuits" (1639), in Hall, Narratives of Early Maryland,
p. 124, stated that Fernando Poulton (John Brock, d. Apr. 1641), was assigned
to the Mattapany plantation. The clergy were among the largest Maryland
landowners and at some points had 20 or more indentured servants under their
command.
[60]Gerald Fogarty, "The Origins of the
Mission, 1634-1773," Maryland Jesuits: 1634-1833
(Baltimore: n.p., 1976), p. 23; Peter Finn, "The Slaves of the Jesuits in
Maryland," unpublished M. A. Thesis, Georgetown University, 1974, pp. 4,
45, 94-100, 103, 119.
[61]Urban VIII, litt. ap. "Ex
Debito," (Feb. 22, 1633), section 8, as cited in Joseph Brunni, The Clerical Obligations of Canon 139 and 142
(Washington, D.C.: Catholic University of America, 1937), p. 70.
[62]Carl Everstine, The
General Assembly of Maryland, 1634-1776 (Charlottesville, Va.: Michie,
1980), p. 42; Cecil Calvert, "Conditions of Plantation" (Nov. 10,
1641), in Hughes, History of the Society of Jesus,
documents, vol. 1, pp. 162-168; "An Act Concerning Purchasing land from
the Indians" (Apr. 21, 1649), in Archives of
Maryland, vol. 1, p. 248.
[63]"Letter to Edward Knott, S.J."
(Sept. 3, 1639), in Hughes, History of the Society of
Jesus, text, vol. 1, p. 459; "Letter to Thomas Copley, S.J."
(Sept. 3, 1639), in ibid., text, vol. 1, p. 458;
Bradley Johnson, The Foundation of Maryland and the
Origin of the Act Concerning Religion in Maryland, in Fund Publications (Baltimore: J. Murphy, 1883), vol. 18,
p. 67.
[64]Nelson Rightmyer, Maryland's
Established Church (Baltimore: Diocese of Maryland, 1956), p. 14.
[65]"Act for the Authority of Justices
of the Peace" (Mar. 1639), in Archives of Maryland,
vol. 1, p. 53; Hughes, History of the Society of Jesus,
text, vol. 1, p. 454; Anonymous, "Annual Letter of the Jesuits," in
Hall, Narratives of Early Maryland, pp. 119, 122;
Beitzell, Jesuit Missions, p. 4-5.
[66]Hughes, History of the Society of Jesus, text, vol. 2, p. 47.
[67]Catholic Clergy, "Annual Letter of
the English Province of the Society of Jesus" (1638), in Hall, Narratives, pp. 119, 122-123.
[68]Beitzell, Jesuit
Missions, pp. 11, 15-16.
[69]Ibid., pp. 7-8, 11, 25-26; William Treacy, Old Catholic Maryland and Its Early Jesuit Missions
(Swedenboro, N.J.: n.p., 1889), p. 59.
[70]Hugh O'Grady, Strafford
and Ireland: The History of his Vice-Royalty with an Account of his Trial
(2 vols., Dublin: Hodges, Figgis, and Co., 1923), vol. 1, pp. 409, 433-434,
writes that the established church in Ireland had little wealth such as parish
benefices to attract clergy. The confiscated monastic lands had gone to the
Catholic and Protestant landlords. On the other hand, there were 1,000
continental-educated Catholic clergy in Ireland by the 1610s.
[71]Bossy, English
Catholic Community, p. 193.
[72]A. D. Wright, "Catholic History,
North and South Revisited," Northern History,
25 (1989), 123.
[73]Haigh, "From Monopoly to Minority,"
pp. 138, 145.
[74]Nicholas Postgate, quoted in ibid., p. 145. The circuits of some clergy, such as that
of the Jesuit, Thomas Gascoigne, S.J., extended for 200 miles and took a month
to complete. At his home base, Gascoigne lived in a cottage and chopped his own
wood for fire. In some places the congregations of mainly tenants and yeomen
owned their own chapel or held services in barns and farmyards. A few
congregations numbered up to 200 people. See Bossy, English Catholic
Community, pp. 161, 234, 252-253, 261; Challoner, Memoirs
of Missionary Priests, pp. 232, 339; Foley, Records,
vol. 3, pp. 91, 101; vol. 7, pt. 2, pp. 1111-1112.
[75]According to the 1636 ship money
valuation, Lancashire was the second poorest county in England. See B. G.
Blackwood, "The Lancashire Gentry and the Great Rebellion,
1640-1660," Chetham Society, 25 (1978), 3;
James E. Rogers, History of Agriculture and Prices in
England from the year after the Oxford Parliament (1257) to the Commencement of
the Continental War (1793) (7 vols., Oxford: Clarendon Press,
1866-1092), vol. 5, pp. 70, 104-105.
[76]Christopher Haigh, Reformation
and Resistance in Tudor Lancashire (Cambridge: Cambridge University
Press, 1975), p. 332, writes that "there are few hints of a substantial anglican
presence in Lancashire, except in the sense of a mere passive conformity, until
after the Civil War."
[77]Aveling, Northern
Catholics, p. 252.
[78]W. K. Jordan, The
Charities of Rural England, 1480-1660: The Aspirations and Achievements of the
Rural Society (London: George Allen and Unwin, 1961), p. 21.
[79]Ibid., p. 286.
[80]Haigh, Reformation
and Resistance, p. 22.
[81]Bossy, English Catholic Community,
p. 236.
[82]It is of interest that in New England the
General Court took measures not unlike those in Maryland: the common law court,
not the clergy, was given jurisdiction over disputes concerning church land.
See John Winthrop, Winthrop's Journal: History of New
England, ed. James K. Hosmer (2 vols., 1853), vol. 2, pp. 19-21 (October
1640). The General Court, not the clergy controlled the frequency of church
assemblies. See ibid., vol. 1, pp. 390-392 (Dec.
3, 1639). The clergy were forbidden from punishing (excommunicating) those who
wrongfully discharged the duties of public office. See ibid.,
vol. 1, pp. 299-300 (November 1639). No cleric or even church elder could be a
civil official. See ibid., vol. 1, p. 97 (July
1632). Richard Hoskins, "The Original Separation of Church and State in
America," Journal of Law and Religion, 2
(1984), 231, classifies such acts as examples of "extreme" separation
of church and state: "This is a degree of separation which, today, would
probably be held an unlawful infringement of the religious freedom of the
church guaranteed by the the first amendment." Hoskins seems to see the
separation of church and state only from the perspective of the crown and the
Act of Supremacy (26 Henry VIII, c. I [1534]). The crown (civil government) was
supreme over the church and there was no separation. However, in New England
and Maryland, the legislative assemblies exercised an even stricter supremacy
than the crown over the church. The crown allowed among other things, church
courts, clerical jurisdiction over church land and church services, and the
clerical right to excommunicate civil officials. Under Hoskins definition, the
Maryland Catholics would be extreme separationists.
[83]Morton, Freedom in
Arms, p. 73.