The Beginners of a Nation: A History of the Source and Rise of the Earliest English Settlements in America, with Special Reference to the Life and Character of the PeopleEggleston, Edward
History
The Beginners of a Nation: A History of the Source and Rise of the Earliest English Settlements in America, with Special Reference to the Life and Character of the People
Eggleston, Edward
United States -- History -- Colonial period, ca. 1600-1775
[Sidenote: Note 10, page 235.]
The translation quoted is that published by Cecilius Calvert in the
Relation of 1635. The original reads: "Unacum licencia et facultate
Ecclesias Capellas et Oratoria in locis infra premissa congruis et
idoneis Extruendi et fundandi eaque dedicari et sacrari juxta leges
Ecclesiasticas regni nostri Anglie facendas." Maryland Archives.
[Sidenote: Note 11, page 235.]
Sir Edward Northey, Attorney-General of England in the following
century, gave this decision: "As to the said clause in the grant of
the province of Maryland, I am of opinion the same doth not give him
power to do anything contrary to the ecclesiastical laws of England."
This is as ingeniously ambiguous as the clause itself. The
attorneys-general and solicitors-general during the eighteenth century
set themselves to the task of subordinating colonial government to
parliamentary authority by a series of opinions in which they make
rather than explain law. In the present instance Northey was more
modest than usual, for he reaches a purely negative and impotent
conclusion, which Neill turns into a positive one in his text.
Founders of Maryland, 99. There is a collection of opinions on
colonial subjects rendered by the attorneys and solicitors-general in
the first half of the eighteenth century, in a volume at Landsdowne
House which I have examined. This collection was made, or at least
furnished, for the use of Lord Shelburne. Before Northey's opinion was
given the English Parliament had assumed power to override some
provisions of the Maryland charter, as is pointed out in Abercromby's
Examination, MS. at Landsdowne House, 47. How slowly the Church of
England grew in the colony may be inferred from the statement made in
1677, that four clergymen have plantations and settled "beings" of
their own--a phrase sufficiently obscure. Others were sustained by
voluntary contributions. Colonial Papers, No. 49, Record Office,
folios 54, 55. This is Baltimore's reply to the paper at folio 56, the
order of which is evidently reversed. The population of the province,
it is stated, was composed at that time chiefly of dissenters of
various sects, Catholics and Anglicans being the smallest bodies.
[Sidenote: 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.
[Sidenote: Note 13, page 240.]
Public-domain text, read in full here on John Shaqi.
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