by the oath required of the governor
and other high officers.25
At a considerable expense of time,
effort and money, Cecil Calvert out-
fitted two ships, the Ark and the Dove,
to carry the first settlers of Maryland
to their new home. Of primary interest
in discerning the motives of the Calverts
is the carefully drafted letter of instruc-
tions from Cecil to Leonard, "the first
declaration of religious liberty to come
to America."26 The first instruction
reads :
"His Lord required his said gov-
ernor and commissioners that in
their voyage to Maryland that they
be very careful to preserve unity
and peace amongst all the passen-
gers on shipboard and that they
suffer no scandel nor any offense
to be given to any of the Protes-
tants whereby any just complaint
may hereafter be made by them in
Virginia or in England and that
for that end they cause all acts of
the Roman Catholic religion to be
done privately as may be and they
instruct all the Roman Catholiques
to be silent upon all occasions of
discourse concerning matters of re-
25 The oath reads:
"I will not by myself or any other, directly
or indirectly trouble, molest or discountenance
any person professing to believe in Jesus Christ
for or in any respect to religion. I will make
no difference of persons in conferring offices,
favors or rewards for or in respect of religion,
but merely as they shall be found faithful and
well deserving and endued with moral virtues
and abilities; my aims shall be public unity
and if any person or officer shall molest any
person professing to believe in Jesus Christ, on
account of his religion, I will protect the
person and punish the offender."
— Id. at 146.
26 Id. at 106. See also browne, supra note
20 at 46, and riley, supra note 7 at 45.
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ligion and that the said Governor
and Commissioners treat the Prot-
estants with as much mildness and
favor as justice will permit. And
this to be observed at land as well
as sea."27
Although the religious tone of the
early province was Roman Catholic
("Protestants were a minority in terms
of influence, if not in numbers") ,28
nevertheless each sect tended to mind
its own affairs and there was a mini-
mum of express ill-will. From the
founding of the province in 1634 until
Establishment of the Anglican Church
in 1692, all churches and ministers were
supported by voluntary contributions.29
The principle of religious toleration had
not only been implied by charter30 but
had also been vigorously enforced by
the courts. Enforcement was by edict
of the Lord Proprietary, and the people
showed their approval by active cooper-
ation. "While they had enjoyed the
blessing of toleration, of their own free
will they had neither debated it nor
voted upon it in the Assembly."31
Church and state were viewed not so
much in terms of union and separation,
27 ives, supra note 7 at 106. Instruction
#15 required that "settlers be very careful to
do justice to every man without partiality."
browne, supra note 20 at 56. The original
manuscript is in the possession of the Mary-
land Historical Society.
28 Johnson, supra note 15 at 84. One au-
thor reasons that, although the numerical
majority of those who came over on the "Ark"
and "Dove" were Anglicans, the principal
adventurers were Roman Catholics. skirven,
supra note 17 at 6,
29 browne, supra note 20 at 124.
10 Although the charter probably requires
that if churches be erected it must be accord-
ing to the ecclesiastical laws of England. The
Church of England was not to be prejudiced.
petrie, supra note 20 at 11.
31 Johnson, supra note 15 at 7.
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