FOOTNOTES:

It is difficult to understand why Lord Baltimore should have called Ingle an “ungrateful villain,” for the reception the latter met at St. Mary’s in 1644, was not calculated to inspire one with gratitude. The compensation offered Ingle might have been deemed liberal, but the Maryland authorities acknowledged that they had to make this offer for the public good and safety, and, therefore, no particular credit can be given them for kindness towards the troublesome mariner. But the relations between Ingle and Cornwallis are rather perplexing. The latter accused Ingle of not returning the value of goods entrusted to him, and also of landing, during his absence, “some men near his house,” and rifling “him to the value of 2,500 l at least.”[78]All this was done after Cornwallis had showed his devotion to Parliament, by releasing Ingle. It must be remembered in connection with the devotion to Parliament, that Ingle was doing the great carrying trade for Cornwallis. Besides, after Ingle had made him his attorney, he went to Maryland and there sued three men for the pillage and destruction of his property, without implicating Ingle. In the absence of full records concerning these two men, it is unfair to judge either of them harshly in this matter.

The indefinite allusion to Ingle’s piracy in 1644 was not sustained, but in 1649 he was again called “pirate.” The definition of piracy has undergone many changes within the past three hundred years. From robbery committed upon the high seas, it has come to mean, “acts of violence done upon the ocean or unappropriated lands or within the territory of a state through descent from the sea, by a body of men acting independently of any political or organized society.”[79]The pirate has also been held as an enemy, whom the whole human race can oppress. These definitions are from the international standpoint. What was the English law at the time of Ingle? The treatment of pirates was regulated by the Act of Parliament, made in the reign of Henry VIII.,[80]and Sir Leoline Jenkins, on September 2d, 1668, at a session of the Admiralty, said, “now robbery as ’tis distinguished from thieving or larceny, implies not only the actual taking away of my goods, while I am, as we say, in peace, but also the putting me in fear, by taking them away by force and arms out of my hands, or in my sight and presence, when this is done upon the sea, without a lawful commission of war or reprisals, it is downright Piracy.”[81]In the Assembly of March, 1638,piracy was defined as follows: “William dawson with divers others did assault the vessels of Capt. Thomas Cornwaleys his company feloniously and as pyrates & robbers to take the said vessels and did discharge divers peices charged withbulletts & shott against the said Thomas Cornwaleys, &c.”[82]Granted, although it is doubtful, that Ingle seized the pinnace, riding in St. Inigoes’ creek, he was not, therefore, a pirate. According to the testimony, he used no force, for the one in charge of the pinnace allowed him to take it; and the act was not committed on the high seas. For the acts committed on the land, Ingle acknowledged himself to have been responsible; for in his petition he wrote, that he “did venture his life and fortune in landing his men and assisting the said well-affected Protestants (i. e., such as adhered to Parliament)” against the government, the papists and malignants. His acts on the land were rather contradictory, if one reads the testimony. In 1647, for instance, a certain Walter Beane[83]at the request of Cuthbert Fenwick, said that during the plundering time, with the consent of Fenwick, he paid Ingle some tobacco, which was due Fenwick or Cornwallis. Ingle then gave him the following, “Received of Walter Beane fivehundrThirty Eight pounds ofTobfor a debtthtthesdWalter Beane did owe to Cuthbert ffenwick. Witness my hand,

Richd.Ingle.”

Beane stated also that sometime before Ingle came, he paid six hogsheads of tobacco to Fenwick for Cornwallis, and that Ingle, upon his arrival, sent eleven men to fetch the hogsheads and other tobacco; that when Beane refused to give them up, Ingle was notified, and sent a note threatening extreme measures, and Beane was thus forced to give up the tobacco. Does it not seem curious that Ingle should give a receipt for one batch of tobacco, and within a short time have other tobacco forcibly seized? Of course the authorities of Maryland might have considered such acts piratical. But they were not. Ingle had a commission from Parliament, to relieve the planters in Maryland, by furnishing them arms, &c. He found the government of Maryland at enmity with Parliament, which was the actual government of England at that time, and assisted the friends of Parliament in Maryland. Even if he exceeded the provisions of his letter of marque he was responsible to Parliament alone.[84]That the English authorities did not disapprove of his conduct is shown by the weight attached to his statements, and by the fact that he was afterwards in the service of the Commonwealth.

As to Ingle’s having been a “rebel,” the facts all point to his participation in the beginning of a rebellion, caused probably, by those dissatisfied with Leonard Calvert’s rule, more probably by the influence of William Claiborne, who in spite of condemnatory acts by the Maryland Assembly, and the vacillating measures of Charles I., insisted for many years upon his right to Kent Island. But rebellion is viewed in different ways: by those against whom it is made, with horror and detestation; by those who make it, with pride and ofttimes with devotion. If Ingle led on the rebellion, he was acting in Maryland, only as Cromwell afterwards did on a larger scale, in England, and as Bacon, the brave and noble, did in Virginia, and to be placed in the same category with many, who will be handed down to future generations as rebels, will be no discredit to the first Maryland rebel.

FOOTNOTES:[1]Spotswood Letters, Brock, p. 12.[2]Rev.Edw.D. Neill, to whom I am indebted for valuable references, was the first to attempt any kind of a defence of Ingle, but Dr.Wm.Hand Browne, who also has greatly aided me, has omitted the pirate and rebel clause in the history which he is preparing for the Commonwealth Series.[3]Assembly Proceedings, 1638-1664, p. 120, Land Office Records, Vol. I., p. 582. In the Maryland records the name is spelled Cornwaleys, but in this paper the rule has been adopted of spelling it Cornwallis, as it is known to history.[4]Winthrop’s History of New England, Vol. II., p. 75. Winthrop gave another spelling, “Jugle,” no doubt obtained from the signature, as has been done with the name more than once in modern times. In a bill sent to the grand jury at St. Mary’s, Maryland, February 1st, 1643/4, it was stated that Ingle’s ship in 1642 was the “Reformation.” The bill was, however, returned “Ignoramus,” and the use of the name was probably anachronous.[5]Proprietary Records, Liber P. R., p. 85.[6]Ibid., p. 124.[7]Ibid., p. 137.[8]Ibid., p. 124. Council Proceedings, 1636-1657. Bozman, in his History of Maryland, Vol. II., p. 271, not knowing evidently that more than one warrant was issued for Ingle’s arrest, transposed this proclamation, making it follow Jan. 20; but in P. R. it is under date of Jan. 18, 1643/4.[9]P. R., p. 146.[10]Ibid., pp. 125, 138.[11]C. P., p. 111, P. R., p. 125.[12]Ibid., p. 125.[13]Ibid., pp. 129, 130.[14]Ibid.[15]This was on the south side of the Patuxent river. At one time the Jesuits used a building there for a storehouse. There was the favorite dwelling of Charles, third Lord Baltimore, which afterward belonged to Mr. Henry Sewall, and there Col. Darnall took refuge during the Coode uprising.[16]P. R., p. 131.[17]Ibid., p. 134.[18]Ibid., pp. 137, 139.[19]Ibid., p. 141.[20]Ibid., p. 148.[21]Bozman: History of Maryland, Vol. II., p. 272.[22]P. R., p. 149.[23]Ibid., p. 150.[24]Ibid., p. 131.[25]Ibid., pp. 139, 145.[26]Sixth Report of the Historical Commission to Parliament, p. 101.[27]P. R., pp. 140, 141, 146.[28]Ibid., p. 146.[29]Sixth Rep. Hist. Com., p. 101.[30]The absence of punctuation between the “Elizabeth and Ellen” leads one to conjecture that there were but seven vessels.[31]Journal of the House of Commons, 1642-44, p. 607. This may be found in the Congressional Library, Washington, D. C.[32]Collections N. Y. Historical Society, Series II., Vol. III., p. 126. Winthrop: History of New England, Vol. II., p. 198.[33]L. O. R., Vol. I., p. 224; Sixth Rep. Hist. Com., p. 101.[34]Papers Relating to the Early History of Maryland, by S. F. Streeter, p. 267.[35]C. P., pp. 166, 201, 204; A. P., 238, 270.[36]C. P., p. 175; A. P., p. 301.[37]C. P., p. 209.[38]A. P., p. 238.[39]Ibid., pp. 238, 270, 271. At the request of the Assembly, Baltimore forgave Thompson for acts which he might have committed by reason of ignorance or through a mistake.[40]Relatio Itineris in Marylandiam, p. 95.[41]Records of the Eng. Prov. Society of Jesus, Series V., VI., VII., VIII., pp. 337, 389.[42]L. O. R., Vol. I., p. 432.[43]Ibid., p. 572.[44]Ibid., Vol. II., p. 354.[45]Ibid., Vol. I., p. 584.[46]Now Port Tobacco, Charles Co. Ibid., Vol. II., p. 354.[47]Ibid., Vol. I., p. 433. Most of the testimony against Ingle in Maryland was by those whom he had held prisoners.[48]Ibid., Vol. I., pp. 432, 433.[49]Ibid.[50]Terra Mariae, Neill, pp. 110, 111.[51]Sixth Rep. Hist. Com., p. 101.[52]Rev. E. D. Neill has given the full draft of this petition. See Founders of Maryland, pp. 75-77.[53]L. O. R., Vol. I., p. 378.[54]Father White and Father Fisher were carried to England and imprisoned. The former was, after some months, released upon the condition of his leaving England. He went to Belgium, and afterwards returned to England, but never again to Maryland. “Thirsting for the salvation of his beloved Marylanders he sought every opportunity of returning secretly to that mission, earnestly begging the favor of his Superiors; but, as the good Father was then upwards of sixty-five years of age and his constitution broken down, they would not consent.” R. P. S. J., p. 337. Fisher was released and returned to Maryland.[55]Hening: Statutes, Vol. I., p. 321.[56]C. P., pp. 17, 77.[57]Ibid., p. 136; L. O. R., Vol. I., p. 203.[58]C. P., p. 135.[59]Ibid., p. 209.[60]Ibid., p. 154-161.[61]L. O. R., Vol. II., p. 328.[62]A. P., p. 242.[63]Ibid., pp. 209-210.[64]Ibid., 266.[65]C. P., pp. 204-205.[66]Kilty. Landholder’s Assistant, pp. 79-80; L. O. R., Vol. II., p. 410.[67]Seventh Report His. Com., pp. 54, 162.[68]Sainsbury: Calendar State Papers, Colonial, 1574-1660, pp. 331-337, 368.[69]Ibid.[70]Ibid., Domestic, 1650, pp. 64, 79, 572.[71]Ibid., 1653-1654, pp. 235, 251, 278.[72]C. P., 201.[73]Ibid., 162.[74]Ibid., 166.[75]Ibid., p. 209.[76]A. P., p. 329.[77]C. P., 219.[78]Sixth Rep. Hist. Com., p. 101.[79]Hall: International Law, p. 218.[80]28 Henry VIII., C. 15. See p. 124, Vol. VI., Evan’s Collection of Statutes.[81]Quoted by Phillimore. See International Law, Vol. I., p. 414.[82]A. P., pp. 17-18.[83]L. O. R., Vol. II., p. 312.[84]Phillimore, Vol. I., p. 425.

[1]Spotswood Letters, Brock, p. 12.

[2]Rev.Edw.D. Neill, to whom I am indebted for valuable references, was the first to attempt any kind of a defence of Ingle, but Dr.Wm.Hand Browne, who also has greatly aided me, has omitted the pirate and rebel clause in the history which he is preparing for the Commonwealth Series.

[3]Assembly Proceedings, 1638-1664, p. 120, Land Office Records, Vol. I., p. 582. In the Maryland records the name is spelled Cornwaleys, but in this paper the rule has been adopted of spelling it Cornwallis, as it is known to history.

[4]Winthrop’s History of New England, Vol. II., p. 75. Winthrop gave another spelling, “Jugle,” no doubt obtained from the signature, as has been done with the name more than once in modern times. In a bill sent to the grand jury at St. Mary’s, Maryland, February 1st, 1643/4, it was stated that Ingle’s ship in 1642 was the “Reformation.” The bill was, however, returned “Ignoramus,” and the use of the name was probably anachronous.

[5]Proprietary Records, Liber P. R., p. 85.

[6]Ibid., p. 124.

[7]Ibid., p. 137.

[8]Ibid., p. 124. Council Proceedings, 1636-1657. Bozman, in his History of Maryland, Vol. II., p. 271, not knowing evidently that more than one warrant was issued for Ingle’s arrest, transposed this proclamation, making it follow Jan. 20; but in P. R. it is under date of Jan. 18, 1643/4.

[9]P. R., p. 146.

[10]Ibid., pp. 125, 138.

[11]C. P., p. 111, P. R., p. 125.

[12]Ibid., p. 125.

[13]Ibid., pp. 129, 130.

[14]Ibid.

[15]This was on the south side of the Patuxent river. At one time the Jesuits used a building there for a storehouse. There was the favorite dwelling of Charles, third Lord Baltimore, which afterward belonged to Mr. Henry Sewall, and there Col. Darnall took refuge during the Coode uprising.

[16]P. R., p. 131.

[17]Ibid., p. 134.

[18]Ibid., pp. 137, 139.

[19]Ibid., p. 141.

[20]Ibid., p. 148.

[21]Bozman: History of Maryland, Vol. II., p. 272.

[22]P. R., p. 149.

[23]Ibid., p. 150.

[24]Ibid., p. 131.

[25]Ibid., pp. 139, 145.

[26]Sixth Report of the Historical Commission to Parliament, p. 101.

[27]P. R., pp. 140, 141, 146.

[28]Ibid., p. 146.

[29]Sixth Rep. Hist. Com., p. 101.

[30]The absence of punctuation between the “Elizabeth and Ellen” leads one to conjecture that there were but seven vessels.

[31]Journal of the House of Commons, 1642-44, p. 607. This may be found in the Congressional Library, Washington, D. C.

[32]Collections N. Y. Historical Society, Series II., Vol. III., p. 126. Winthrop: History of New England, Vol. II., p. 198.

[33]L. O. R., Vol. I., p. 224; Sixth Rep. Hist. Com., p. 101.

[34]Papers Relating to the Early History of Maryland, by S. F. Streeter, p. 267.

[35]C. P., pp. 166, 201, 204; A. P., 238, 270.

[36]C. P., p. 175; A. P., p. 301.

[37]C. P., p. 209.

[38]A. P., p. 238.

[39]Ibid., pp. 238, 270, 271. At the request of the Assembly, Baltimore forgave Thompson for acts which he might have committed by reason of ignorance or through a mistake.

[40]Relatio Itineris in Marylandiam, p. 95.

[41]Records of the Eng. Prov. Society of Jesus, Series V., VI., VII., VIII., pp. 337, 389.

[42]L. O. R., Vol. I., p. 432.

[43]Ibid., p. 572.

[44]Ibid., Vol. II., p. 354.

[45]Ibid., Vol. I., p. 584.

[46]Now Port Tobacco, Charles Co. Ibid., Vol. II., p. 354.

[47]Ibid., Vol. I., p. 433. Most of the testimony against Ingle in Maryland was by those whom he had held prisoners.

[48]Ibid., Vol. I., pp. 432, 433.

[49]Ibid.

[50]Terra Mariae, Neill, pp. 110, 111.

[51]Sixth Rep. Hist. Com., p. 101.

[52]Rev. E. D. Neill has given the full draft of this petition. See Founders of Maryland, pp. 75-77.

[53]L. O. R., Vol. I., p. 378.

[54]Father White and Father Fisher were carried to England and imprisoned. The former was, after some months, released upon the condition of his leaving England. He went to Belgium, and afterwards returned to England, but never again to Maryland. “Thirsting for the salvation of his beloved Marylanders he sought every opportunity of returning secretly to that mission, earnestly begging the favor of his Superiors; but, as the good Father was then upwards of sixty-five years of age and his constitution broken down, they would not consent.” R. P. S. J., p. 337. Fisher was released and returned to Maryland.

[55]Hening: Statutes, Vol. I., p. 321.

[56]C. P., pp. 17, 77.

[57]Ibid., p. 136; L. O. R., Vol. I., p. 203.

[58]C. P., p. 135.

[59]Ibid., p. 209.

[60]Ibid., p. 154-161.

[61]L. O. R., Vol. II., p. 328.

[62]A. P., p. 242.

[63]Ibid., pp. 209-210.

[64]Ibid., 266.

[65]C. P., pp. 204-205.

[66]Kilty. Landholder’s Assistant, pp. 79-80; L. O. R., Vol. II., p. 410.

[67]Seventh Report His. Com., pp. 54, 162.

[68]Sainsbury: Calendar State Papers, Colonial, 1574-1660, pp. 331-337, 368.

[69]Ibid.

[70]Ibid., Domestic, 1650, pp. 64, 79, 572.

[71]Ibid., 1653-1654, pp. 235, 251, 278.

[72]C. P., 201.

[73]Ibid., 162.

[74]Ibid., 166.

[75]Ibid., p. 209.

[76]A. P., p. 329.

[77]C. P., 219.

[78]Sixth Rep. Hist. Com., p. 101.

[79]Hall: International Law, p. 218.

[80]28 Henry VIII., C. 15. See p. 124, Vol. VI., Evan’s Collection of Statutes.

[81]Quoted by Phillimore. See International Law, Vol. I., p. 414.

[82]A. P., pp. 17-18.

[83]L. O. R., Vol. II., p. 312.

[84]Phillimore, Vol. I., p. 425.

Transcriber's NoteArchaic and variable spelling and capitalisation has been preserved in the quoted material as printed. Asterisks are used instead of periods in ellipses. Minor punctuation errors have been repaired. Where the letter l (representing pounds) is preceded by a number, a space has been inserted between number and l for clarity.The following amendments have been made:Page14—Febuary amended to February—"... a copy of a certificate to Ingle under date of February 8th, ..."Page20—masacre amended to massacre—"... had given as a reason for the Indian massacre, ..."Page33—Corwallis amended to Cornwallis—"A consideration of the statements by Cornwallis and ..."Page47—proprietory amended to proprietary—"... and liber F., 1636-1642, proprietary records, have been handed down ..."

Transcriber's Note

Archaic and variable spelling and capitalisation has been preserved in the quoted material as printed. Asterisks are used instead of periods in ellipses. Minor punctuation errors have been repaired. Where the letter l (representing pounds) is preceded by a number, a space has been inserted between number and l for clarity.

The following amendments have been made:

Page14—Febuary amended to February—"... a copy of a certificate to Ingle under date of February 8th, ..."Page20—masacre amended to massacre—"... had given as a reason for the Indian massacre, ..."Page33—Corwallis amended to Cornwallis—"A consideration of the statements by Cornwallis and ..."Page47—proprietory amended to proprietary—"... and liber F., 1636-1642, proprietary records, have been handed down ..."

Page14—Febuary amended to February—"... a copy of a certificate to Ingle under date of February 8th, ..."

Page20—masacre amended to massacre—"... had given as a reason for the Indian massacre, ..."

Page33—Corwallis amended to Cornwallis—"A consideration of the statements by Cornwallis and ..."

Page47—proprietory amended to proprietary—"... and liber F., 1636-1642, proprietary records, have been handed down ..."

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