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Jesuit and gentleman planter: Ingle’s rebellion and the litigation of Thomas Copley S.J.
Published online by Cambridge University Press: 12 April 2019
Abstract
Father Thomas Copley S.J. (d. 1652) was born in Madrid in 1595/6 to an exiled English Catholic family. He joined the Maryland mission in 1637 under the alias Philip Fisher. In 1645 in the midst of the English Civil War, Richard Ingle, captain of the Reformation and under the authority of a Parliamentary Letter of Marque, plundered Maryland. Ingle, who mostly pursued wealthy Catholics, brought to England under arrest the Jesuit priests Thomas Copley and Andrew White on charges related to the legislation, An Act Against Jesuits, Seminary Priests and Other Such Disobedient Persons (1585). This article examines the proceedings of the High Court of Admiralty and the High Court of Chancery that relate to Ingle’s Rebellion (1645-1646). In particular, it examines the methods employed by Fr. Copley not only to escape execution but also to pursue Richard Ingle for damages to property and person. It therefore delineates the intersections between national allegiance, civil rights, and confessional adherence in Catholic and non-Catholic imaginations in both England and her empire. Importantly, this case study illustrates how English Jesuits navigated and used an immature English imperial jurisprudence to their advantage.
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- Research Article
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- © Trustees of the Catholic Record Society 2019. Published by Cambridge University Press
Footnotes
*
I would like to thank my supervisor Dr. Natalie Zacek, as well as the attendees of the EMBIC Conference (2017) organised by Durham University and University of Notre Dame, and the Transatlantic Conversations Workshop (2018) organised by The Obama Institute and the Society of Early Americanists for their valuable feedback in the early stages of writing this article. I would also like to thank a number of organisations for their support of this research: the English Catholic History Association through the ECHA grant; the Maryland Historical Society through the Lord Baltimore Fellowship, the Catholic Record Society through the David Rogers Research Fund and the PhD Studentship in British and Irish Catholic History; and the Andrew C. Duncan Catholic History Trust.
References
1 Cecil Calvert (1605-1675) and his siblings were raised in the Church of England until his father’s conversion to Catholicism in 1625. The former was educated at Trinity College at Oxford University before marrying the daughter of Sir Thomas Arundel of Wardour, Anne Arundel (d. 1649) in 1629. Calvert never travelled to Maryland and governed by proxy from England. See: ‘Calvert, Cecilius, 2nd Lord Baltimore (1605-1675),’ A Biographical Dictionary of the Maryland Legislature 1635-1789, in Edward C. Papenfuse, Alan F. Day, David W. Jordan, and Gregory A. Stiverson, eds. Archives of Maryland Online (hereafter AOMOL), 426: 186-87.
2 Little is known of Richard Ingle (c. 1609-1653). He lived in Stepney, Middlesex and in 1642 claimed that he had been trading tobacco for ten years although he is first recorded as a master of ship in 1639. See, Riordan, Timothy B., The Plundering Time: Maryland and the English Civil War 1645-1646 (Baltimore, MD: The Maryland Historical Society, 2004), 28-29.Google Scholar
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4 Leonard Calvert (c. 1606-1647) led the expedition to Maryland in 1633 as the colony’s first governor. In March 1634 he and a small number of colonists made landfall at St. Clements Island on Maryland’s lower western shore. He returned to England in 1641/1642 and again in 1643/1644 during which time he fathered two children by Anne Brent (?-?). ‘Calvert, Leonard (c. 1606-1647),’ A Biographical Dictionary of the Maryland Legislature 1635-1789, Papenfuse et. al., in AOMOL, 426: 190.
5 Riordan, The Plundering Time, 133-135.
6 Giles Brent (c.1600-1671/72) arrived in Maryland in 1638 as a free emigrant with his siblings Margaret (1601-1671), Mary (?-1658), and Fulke (?-1656). He married Mary Kittamaquund the daughter of the Piscataway Tayac (Chief) following her family’s conversion to Roman Catholicism. The Brents migrated to Virginia c. 1649. Brent held the position of acting governor during Leonard Calvert’s absence in England in 1641/1642 and 1643/44. See: ‘Brent, Giles, (c.1600-1671/72)’, A Biographical Dictionary of the Maryland Legislature 1635-1789, Papenfuse et. al., in AOMOL, 426: 161-162. John Lewgar (1602-1665) was a Catholic convert and former Church of England minster. He immigrated to Maryland with his family in 1634. Between 1637 and 1648 he was Secretary of the colony. Alongside Jerome Hawley (1590-1638), Lewgar co-authored A Brief Relation of Maryland (1634/5) to attract colonists to Maryland. After the death of his wife, Lewgar took Holy Orders and died as Lord Baltimore’s chaplain in London in 1665. See: ‘Lewgar, John (1602-1665),’ A Biographical Dictionary of the Maryland Legislature 1635-1789, Papenfuse et. al., in AOMOL, 426: 533. Cuthbert Fenwick (1614-1655) arrived in Maryland from Virginia as an indentured servant of Thomas Cornwaleys, most likely as his attorney. By 1637/1638 he was free and by 1650 an independent planter engaged in local politics, and a supporter of the Cornwaleys and Jesuit faction who unsuccessfully challenged Lord Baltimore to provide for the Roman Catholic Church in Maryland. See: ‘Fenwick, Cuthbert, (1614-1675),’ A Biographical Dictionary of the Maryland Legislature 1635-1789, Papenfuse et. al., in AOMOL, 426: 319.
7 Thomas Copley (1596-1652) [alias Philip Fisher] was the eldest son of William Copley of Gatton and born in exile in Madrid. He trained at Liège, Louvain and Ghent and gained experience on the English mission at the House of Probation of St. Ignatius in Clerkenwell, London. He arrived as superior of the Maryland mission in 1637. See: Edward Spillane (ed.), ‘Philip Fisher,’ The Catholic Encyclopedia (New York: Robert Appleton Company, 1909), 6: 83-84; Thomas McCoog, ed., ‘Philip Fisher,’ English and Welsh Jesuits 1555-1650, Part 1: A-F, Catholic Record Society Series, 74 (1995), 169-170. Andrew White (c. 1579-1656) was born in London in 1579, educated at the English College of Saint Albans in Valladolid, Spain, and later at the English College of Seville. He continued his studies at Douai, France, where he was ordained about 1605. He joined the English mission intended to reinstitute Catholicism in England, but was apprehended and exiled in 1606, following the Gunpowder Plot. White then joined the Society of Jesus and took up professorships of scriptural studies and theology in Louvain, Liège and Lisbon. On 25th March 1634, he landed at St. Clement’s Island in Maryland. White died in England in 1656, having been refused by the English Provincial, Edward Knott, to return to Maryland due to ill health. See: Thomas McCoog, ed., ‘Andrew White,’ English and Welsh Jesuits 1555-1650, Part 2: G-Z, Catholic Record Society Series, 75 (1995), 329-330.
8 ‘Examination of Henry Stockton,’ Answer 17, [5 August 1645], section K, in Cornwaleys vs. Ingle, Examinations, High Court of Admiralty, HCA 13/60, The National Archives (TNA). Kew, London.
9 Thomas Cornwaleys (c. 1605-1675/1676) was a member of the English Catholic gentry who immigrated to Maryland in 1633/1634. He was the most important investor in the colony outside of the Lord Baltimore’s immediate family. Cornwaleys was an active merchant in tobacco and ‘Indian trade’ and often returned to England. His estate in Maryland was vast and he transported at least seventy-one indentured servants between 1643 and 1651. See: ‘Cornwaleys (Cornwallis), Thomas (ca. 1605-1675/6)’, A Biographical Dictionary of the Maryland Legislature 1635-1789, Papenfuse et. al, in AOMOL, 426: 234-235.
10 Riordan, The Plundering Time, 111-115.
11 Ibid., 3-5.
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47 Ibid., 259.
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49 Orr, Treason and the State, ch. 1, 11.
50 25 Edward III, 5, c. 2.
51 Orr, Treason and the State, 15.
52 General Archives S.J., Anglia, Historia, iv., 125-140, 857-864: a MS. draft in the handwriting of H. More, 863-864, [1645] reprinted in Thomas Hughes S.J., History of the Society of Jesus in North America: Colonial and Federal, 1, pt. 1 [Documents] (London: Longmans, Green, 1908), 125-126. More’s account of the Copley and White trial was omitted from the published version of Historia Missionis Anglicanae. c.f.: Henry More SJ, Historia Missionis Anglicanae Societatis Iesu, ab Anno Salutis, MDLXXX. ad DCXIX. et. Vice-Provinciae primum, tum Provinciae, ad ejusdem saeculi annum XXXV. Collectore Henrico Moro, ejusdem Societatis Sacerdote. Audomari: typis Thomae Geubels MDCLX. (St. Omers, 1660). The account is also extant in a redaction made by Father Nathaniel Southwell from the More MS. See: General Archives S.J., Anglia, Historia, iii. f. 227, 228, [1645].
53 John Bollandus S.J., Antwerp, ‘Extract from a letter,’ [1 March 1648], General Archives SJ, Anglia, Necrologia reprinted in Hughes S.J., History of the Society of Jesus in North America 1, pt. 1 [Documents]: 128.
54 Thomas Hughes S.J., History of the Society of Jesus in North America: Colonial and Federal 1 [Text] (London: Longman, Green, 1908), 367-368.
55 Ibid., 367.
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65 ‘Examinations of John Lewgar, Thomas Cornwaleys, and Giles Brent,’ Section K, in Cornwaleys vs. Ingle; Copley et al. vs. Ingle, Examinations, High Court of Admiralty, HCA 13/60, NA.
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67 ‘Cornwaleys vs. Ingle [1645],’ Examinations, Court of Chancery, C24 690/14, NA; Cornwaleys vs. Ingle [1645], Bills and Answers, Court of Chancery, C24 15/23, NA.
68 Riordan, Plundering Time, 254; Christopher Brooks and Michael Lobban, eds., Communities & Courts in Britain, 1150-1900 (London: A&C Black, 1997), 89.
69 “Capt. Ingle, who assisted the Protestants against the Papists in Maryland, Petition, to be relieved in Actions brought against him for it by Cornwallis & al,’ [24 February 1646] Journal of the House of Lords (JHL) 8, (1645-1647) (London: His Majesty’s Stationery Office, 1767-1830): 183-186. British History Online. http://www.british-history.ac.uk/lords-jrnl/vol8/pp183-186.
70 Answer of Richard Ingle to a libel of Thomas Cornwaleys and Alan Lane [31 July 1645] in Cornwaleys vs. Ingle, Answers, High Court of Admiralty, HCA 13/119, NA; ‘Capt. Ingle, who assisted the Protestants’ [24 February 1646], JHL 8 (1645-1647): 186; Durston, Gregory, The Admiralty Sessions, 1536-1834: Maritime Crime and the Silver Oar (Newcastle: Cambridge Scholars Publishing, 2017), 206 Google Scholar .
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73 Examination of John Lewgar, Answer 14, [26 September 1645] in C24 690/14, NA.
74 ‘Report from the Comtee of forraigne Plantacons cone Maryland.’ [1645] in AOMOL 3: 164.
75 ‘Answer of Richard Ingle to a libel of Thomas Copley et al.,’ Answer 11 [29 September 1645], Answers, High Court of Admiralty, HCA 13/119, NA.
76 Riordan, The Plundering Time, 215.
77 Examination of John Lewgar, Question 13, [26 September 1645] in C24 690/14, NA.
78 William Berkeley (1605-1677) was a member of the aristocracy and established church who governed Virginia from 1642 until his death in 1677. He was a courtier, adventurer, and even playwright but he best remembered for governing Virginia during Bacon’s Rebellion in 1676. See: Warren M. Billings, ‘Berkeley, Sir William’ (1605-1677), ONDB, https://doi.org/10.1093/ref:odnb/2225. [Accessed 25/01/2019].
79 Anon., ‘Richard Ingle in Maryland’, 129-130; Riordan, The Plundering Time, 249.
80 Ordinance to indemnify Persons that shall reduce Maryland, [25 December 1645] in JHL 8, 1645-1647: 66-69; ‘Paper from the Committee for Plantations, about reducing Maryland; and for an Indemnification for Persons employed for that Service,’ [25 December 1645] in JHL 8, 1645-1647: 66-69; Ordinance for settling Maryland under the Command of Protestants, [24 February 1646] in JHL 8, 1645-1647:186; Ordinance for settling the Government of Maryland, [28 March 1646] in JHL 8, 1645-1647: 241-145; Ordinance about Maryland, [24 November 1646] in JHL 8, 1645-1647: 576-577; ‘L. Baltimore to be heard, about his Patent for Maryland,’ [28 November 1646] in JHL 8, 1645-1647: 581-583; ‘L. Baltimore’s Cause concerning Maryland,’ [22 Jan 1647] in JHL 8, 1645-1647: 682-684; ‘L. Baltimore’s Cause concerning Maryland,’ [23 Jan 1647] in JHL 8, 1645-1647: 684-685; ‘Maryland,’ [31 August 1652], in Journal of the House of Commons (JHC) 7 1651-1660 (London, 1802): 172-173. British History Online http://www.british-history.ac.uk/commons-jrnl/vol7/pp172-173 [Accessed 25 January 2019].
81 ‘Court and Testamentary Business’ [1649] in AOMOL 10: 211-13.
82 ‘L. Calvert to Lt. William Lewis,’ [1646] in AOMOL 3: 178-179. In 1651 Copley also reissued land patented to Cuthbert Fenwick in trust in 1641 to Fenwick again, but also to Ralph Crouch: ‘Certificate of Survey for St. Inigoes’ [1 October 1651], Land Office and Prerogative Court Records of Colonial Maryland, 1634-2012 (Patent Record), Liber AB&H, f. 173, The Maryland State Archives (MSA), Annapolis: MD.; ‘Patent for St. Inigoes’ [4 November 1651], Patents, Liber RRO, f. 8, MSA.
83 Krugler, English and Catholic, 182-183.
84 Fatovic, Clement, ‘The Anti-Catholic Roots of Liberal and Republican Conceptions of Freedom in English Political Thought,’ Journal of the History of Ideas 66, 1 (2005), 37-58 CrossRefGoogle Scholar at 38-39.