USA > Maryland > Anne Arundel County > Annapolis > Annals of Annapolis : comprising sundry notices of that old city from the period of the first settlements in its vicinity in the year 1649, until the war of 1812 ; together with various incidents in the history of Maryland, derived from early records, public documents, and other sources ; with an appendix, containing a number of letters from General Washington, and other distinguished persons, which letters have never been published before > Part 4
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The 'declaration,' however, does not appear to have had any salutary effect ; for, although they were per- mitted to read the 'declaration,' yet, having no other treaty to offer, they were quietly dismissed to their own company, to whom they might have gone, if they would. But it seems that they did not return to governor Stone or his army.
It is possible, that the rapid advance of the party to the harbour of Providence, might have precluded the necessity of it ; for, on the evening of the day after, governor Stone and his followers appeared in the river of Severn, at Providence, with eleven or twelve ves- sels, greater and lesser, in which their whole array was transported.
On the appearance of this fleet, captain Fuller called a council of war, at which Mr. William Durand, the secretary of the puritan government at Providence, was appointed to go on board a merchant ship, called the Golden Lyon, then lying at anchor in the river, of which one Heamans was master. Mr. Durand was directed to affix a proclamation on the mainmast of the said ship, directed to captain Heamans, commander thereof; in which proclamation, 'he (the said Heamans) was re- quired, in the name of the lord protector and common- wealth of England, and for the maintenance of the just libertyes, lives, and estates of the free subjects thereof, against an unjust power, to be aiding and assisting in this service.' It appears, that 'the said captain Hea- mans, at first, was unwilling, but afterwards, seeing the equity of the cause, and the groundless proceedings of the enemy, he offered himself, ship and men, for that service, to be directed by the said William Durand.'
Governor Stone, with his little fleet and army, had,
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by this time, about 'the shutting in of the evening,' as it is said, on the 24th of March, (O. S.) arrived within the outer harbour of Providence. He was now also within the range of the shot of the Golden. Lyon, from whence a gun was fired at him, in order, as is said, to bring him or some messenger on board. Governor Stone did not think it proper to pay any attention to this signal of war, as it appeared ; but, having arrived within the mouth of the creek, which forms the southern boundary of the peninsula on which the city of Annapolis now stands, proceeded to land his men on a point of land which lies on the southern side of both the river Severn and the before mentioned creek, nearly opposite to and in an eastern direction from what is called the dock or inner harbour of Annapolis, and on which point or peninsula a small fortress, called Fort Horn, was afterwards built during the American revolutionary war. While governor Stone was landing his men on this point of land or peninsula, the commander Heamans, or Mr. Durand, thought it proper to repeat their fire upon the boats of governor Stone as they were rowing to the shore. The shot thereof lighting somewhat near to them, the governor deemed it most prudent to send a messenger on board the Golden Lyon to know the reason of their conduct, with directions to the messenger to inform the captain of the ship that he (governor Stone) thought ' the captain of the ship had been satisfied.' To which the captain answered, (in a very blustering tone, as it appears,) 'satisfied with what ?- I never saw any power governor Stone had, to do as he hath done, but the superscription of a letter. I must and will appear · for these in a good cause.' It would appear that 5
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governor Stone and the captain had some explanation previous to the firing of this last gun-at least it is fair so to presume, from the nature of the captain's reply to his message.
Governor Stone having moved his vessels further up the creek during the night, captain Heamans, or the puritans on shore, contrived early the next morning to place a vessel or vessels, 'with two pieces of ordi- nance' at the mouth of the creek, and by that means blockaded governor Stone's little fleet within the same, so as to prevent them from coming out. The governor soon after, however, on the same day, (Sunday, the 25th of March, 1654-'5, O. S.) appeared with his small army, in military parade, on a narrow neck of land, (most probably that on which the remains of the before mentioned fort now are,) near where he had landed. The captain of the ship (Heamans) observ- ing this, brought his guns to bear upon them, and firing at them, killed one man, and by that means forced them to march further off into the neck. In the meantime captain Fuller, the puritan commander, with his company, consisting of a hundred and twenty men, embarked in their boats, most probably from the pen- insula whereon Annapolis now stands, and went up the river some distance, where they landed and marched round the head of the creek to where governor Stone and his people were waiting to receive them, a dis- tance of six miles.
' On the approach of the puritans, the sentry of the people of St. Mary's, or Marylanders, fired his alarm gun, when the men of governor Stone immediately appeared in order. Captain Fuller still expecting that governor Stone might possibly give a reason for their
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coming, commanded his men upon pain of death not to shoot a gun, or give the first onset. Setting up the standard of the commonwealth of England, against which the enemy shot five or six guns, and killed one man in the front, before a shot was made by the other,
' Then the word was given, in the name of God fall on; God is our strength,-that was the word for Providence : the Marylander's word was,-Hey for Saint Maries.
'The charge was fierce and sharp for the time; but through the glorious presence of the Lord of Hosts, manifested in and towards his poor oppressed people,' the enemy could not endure, but gave back, and were so effectually charged home, that they were all routed, turned their backs, threw down their arms, and begged mercy. After the first volley of shot, a small company of the enemy from behind a great tree fallen, galled us and wounded divers of our men, but were soon beaten off. Of the whole company of the Marylanders, there escaped only four or five, who run away out of the army to carry news to their confede- rates. Governor Stone, colonel Price, captain Gerrard, captain Lewis, captain Kendall, captain Guither, major Chandler, and all the rest of the councellors, officers and souldiers of the Lord Baltimore, among whom, both commanders and souldiers, a great number being papists, were taken, and so were all their vessels, arms, ammunition and provision ; about fifty men slain and wounded. We lost only two in the field; but two died since of their wounds. God did appear wonderful in the field, and in the hearts of the people, all confessing him to be the only worker of this victory and deliverance,'
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In giving the above account of the battle, the words of Mr. Leonard Strong have been used, who, it is probable, was an eye-witness, and in the battle, he being one of captain Fuller's council, at Providence.
It is alleged, that the puritans of Providence, seve-, ral days after the fight, put to death four of governor Stone's party. We wish it was in our power to con- tradict and disprove this cold-blooded outrage, even at this late period, for the sake of humanity and the character of the first settlers of our native city ; but the evidence seems to be too strong to admit a doubt of its truth.
Doctor Barber says, (and he appears to be entitled to full credit,) that, 'after the skirmish, the governor, upon quarter given him and all his company in the field, yielded to be taken prisoners ; but, two or three days after, the victors condemned ten to death, and executed foure, and had executed all, had not the incessant peti- tioning and begging of some good women saved some, and the souldiers others ; the governor himselfe being condemned by them, and since beg'd by the souldiers ; some being saved just as they were leading out to execution.'
Mrs. Stone, also, in a letter to Lord Baltimore, states that, 'after quarter given, they tried all your councel- lors by a councell of warre, and sentence was passed upon my husband to be shot to death, but was after saved by the enemy's owne souldiers, and so the rest of the councellors were saved by the petitions of the women, with some other friends which they found there.'
The four who were shot to death after trial by court- martial, were Mr. William Eltonhead, lieutenant Wil-
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liam Lewis, Mr. Leggat, and a German, whose name is not mentioned, but who is stated to have lived with Mr. Eltonhead. The principle is universally acknow- ledged, that the captor in war, even in the case of civil commotions, has no right to put his captive to death, after surrender and quarter given. This most sanguinary transaction must, therefore, strike every enlightened individual at this day, as one of those 7 atrocities which the vindictive passions incident to a
civil war in any community are too apt to produce.
The puritans of Providence having thus, by the de- feat of governor Stone, secured to themselves the go- vernment of the province, not only detained him and his followers for some time as prisoners of war, but pro- ceeded to the sequestration of their property, whom they termed delinquents.
Our documents do not mention the length of time that governor Stone and his companions were detained at Providence, but it is supposed they were not libera- ted until captain Fuller and his council had despatched their messengers to England to prepossess the mind of the government there in their favor; and then not until they had the mortification of being witnesses to the execution of the order for a sequestration of their property.
In this year, Lord Baltimore's right and authority over the province was admitted by the Lord Protector, and captain Josias Fendall was appointed governor by his lordship. What motives Lord Baltimore had for substituting Fendall as governor of his province, in- stead of governor Stone, does not appear,
1657. It was not until this year, that the puritans, who had settled at Providence, acknowledged 5*
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themselves as being within Lord Baltimore's province of Maryland-having considered themselves as being a part of Virginia, or a distinct colony. However, on the 24th of March, 1657, negotiations were entered into between the proprietary and the puritan government, for a surrender of the province to Lord Baltimore.
Thus, after a lapse of six years, his lordship was again restored to the full enjoyment of his province, 'to the content and peace of all parties.'
In tracing the early history of Providence, occa- sion is now taken, to acknowledge the entire indebted- ness of the compiler of these Annals to Bozman's able and interesting History of Maryland, for all the inci- dents and facts having a bearing upon it ; and to say, that a full and free use of that work has been made --- being sensible that nothing better could have been said on the occasion, than has been, by that admirable historian.
Our records do not afford us any further information. relating to the settlement at Providence until the year 1683. This, with several other omissions, unavoida- bly occur in these Annals, and is to be mainly attribu- ted to the removal of the records and public document's of the province from St. Mary's to Annapolis, some of which were greatly damaged .* To this cause, is to be added, also, the loss of some by the fire which destroyed the state-house in the year 1704, where they were chiefly deposited.
* Proceeding of the Upper House of Assembly, St. Mary's, 10th May, 1682. MSS. Journal, page 418.
'Taking into consideration the ruinous condition of the state-house, (which hath been so chargeable to the country, ) occassioned for want of some good, carefull and skillfull overseer at first appointed to su- pervise the managing and carrying on the building thereof, insomuch
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CHAPTER III.
Contempt of Assembly-Trial of Edward Erbery-Condemned and Whipped-Witchcraft-Condemnation of John Cowman-And par- doned-The Quakers remonstrate against taking Oaths-Proceed- ings of the Assembly thereon-Indian Affairs-Protection of the Indians by the Colonists-Hostility of the Susquehanocks-Causes of-Treaty with them-Murders committed by the Indians-Expe- dition against them-Five Chiefs of the Susquehanocks murdered- Impeachment of Major Thomas Truman-His Trial and Convic- tion-Proceedings of the Assembly thereon-Controversy between the Lord Proprietary and the Lower House of Assembly upon the Act for calling Assemblies-Extracts from the Rules of the Lower House of Assembly-Annapolis erected into a Town, &c .- Com- missioners appointed to survey and lay out Annapolis-Annapolis becomes the Seat of Government-Governor Nicholson causes the Records to be removed from St. Mary's-Public Ferry-First Cor- poration of Annapolis-Mr. Richard Beard makes a map of the Town-A Market and Fair-Proposition for a Bridewell-Im- provement of Annapolis-A Church proposed to be erected-King William's School established-William Pinkney a Student of it- Governor Nicholson projects a Library for Annapolis-A State- House built-Roman Catholics-Persecution of.
1666. IN the absence of other matter connected with the immediate history of Annapolis from the year 1657 to to 1683, the reader will doubtless be gratified at the perusal of such extracts from the MSS. journals of the province, between these dates, of an interesting and amusing character, not before made public.
that the same, in a short time, (if not speedily repaired,) must inevi- tably fall to the ground, being already so leaky and decayed as will hardly secure the records of the province (there kept) from the weather, this House desire the Lower House to consider thereof, and to concur with this House, in new covering, and making such necessary repairs thereof, as may render the same useful and serviceable for the country, and in making a partition at the stair foot, that both Houses of Assem- bly may there meet, without which repairs and partition, the records of the province must inevitably suffer next winter.'
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'UPPER HOUSE, SATURDAY, 28th April, 1666.
'Then came a member from the lower house, and desired the governor, from the whole lower house, not to discharge Edward Erbery, merchant, from the sare of Bristol ; in regard, they had something to object . against him, as well for abusing the lower house of assembly, as his lordship, last night.'
'Then came a member from the lower house, with this paper following :
'TUESDAY, 1st May, 1666.
'William Calvert, Esq. motions the house,
'That, whereas there was an abuse committed last night by Edward Erbery, to the disturbance of the whole house, in their quiet and rest, and the clerk of this house informs that the said Erbery did call the whole house papists, rogues, * rogues, &c. which * the speaker is desired to take notice of, and proceed therein, either by presentment or otherwise, as to him shall seem best, and that it be the first thing this house takes into their consideration or debate.'
'Mr. Nicholas Piccard and Mr. Richard Blunt in- formed the house of certain vulgar and indecent ex- pressions of Erbery concerning the lower house, and that they were ashamed of the place from whence
A they came.'
'Mr. Richard Hall says, that amongst a great many other extravagant words, Erbery said that Charles Cal- vert was a rogue.'
'William Calvert, Esq. saith, how that Erbery, in his hearing, said, we, viz. the assembly, were a com- pany of pitiful rogues and puppys, and there is not one in the country deserves to keep me company but
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Charles Calvert, who owes me ten thousand pounds of tobacco.'
'Mr. Richard Smith informs that this morning, when Erbery awaked, the said Erbery complained that he was bound; that he remembered all that he had said last night, and that he was not drunk ; and in a threat- ning manner, said he would remember those that bound him.'
'The abuse that Edward Erbery gave to the lieu- tenant-general and this assembly last night, being taken into consideration, and upon a full debate there- on, had in this house, they do judge the same to be a. scandal to the Lord Proprietor, to his lieutenant-gene- ral, and to both houses of assembly, and a great reflec- tion upon the whole province in general ; and, there- fore, unanimously voted by this house, that the said Erbery be brought before this house, to give answer to the abovesaid charge, in relation to those informations now given in against him.'
' Ordered by the speaker that Mr. Edward Erbery be brought into the house by the sheriff, &c.'
' And taxed by the speaker of all those words spo- ken, who making his appearance after the charge being read unto him, he answered that he remembered none of these words that is alledged, only he confesseth that he was in drink, and being further taxed about the words spoken this morning, (which were averred by a member of this house) he says that he remembers not that ever he spoke such words.
' Which answer being taken into consideration, the house do judge the same altogether unsatisfactory, and that no person of full age shall take advantage by drunkeness in such case,
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' Whereupon this house do humbly present the consideration hereof to the upper house, that they would please to signify to this house their resentment of the same, and what they shall judge further ne- cessary to be done with the said Erbery as touching the punishment or otherwise for this house's concur- rence therewith.'
' The upper house do order that the said Edward Erbery be tyed to the apple tree before the house of assembly, and be there publickly whipped upon the bare back with thirty-nine lashes, and that the sherriff of St. Mary's county be commanded to apprehend the said Erbery and see this order put in execution, and that the said Erbery do pay the sherriff his fees before he depart out of his custody ; and further or- dered, that the said Erbery be, after he is whipped, brought into both houses of assembly publickly to ask them forgiveness.'
(Signed) JOHN GITTINGS, Clerk.
The following ' new and unheard of thing in this province,' is extracted from the journals of the upper house in 1674, and it is hoped and believed to be the only judicial transaction of its kind to be found upon its pages, to stain the fair fame of the noble founder, and usually enlightened legislators of this provice.
If it be a matter of surprise that it should be found at all recorded there-is it not also one of wonder and satisfaction that it should be the only one case-when we reflect that the 'witch mania' had not yet passed from enlightened Europe, and still hung as a dark cloud over other provinces on this continent, and whose ad- 1 vantages, flowing from education and science, were so much greater than that of this more recently settled
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colony, and will, in this instance, be satisfactorily ac- counted for, from the 'natural embarrassments incident to the planting of a new colony, and the consequent want of means for a more enlarged education.'
'UPPER HOUSE, February 17th, 1674.
'Came into this house, a petition of the lower house, as followeth, viz :
'To the honourable Charles Calvert, esquire, Lieu- tenant General and Chief Judge of the Provincial Court of the Right Honourable the Lord Proprietary,
'The humble petition of the Deputies and Delegates of the Lower House of Assembly,
'Humbly sheweth to your excellency,
'That, whereas John Cowman being arraigned, con- victed and condemned upon the statute of the first of King James of England, &c. for witchcraft, conjura- tion, socery or enchantment used upon the body of Elizabeth Goodall, and now lying under that condem- nation, and hath humbly implored and beseeched us, your lordship's petitioners, to mediate and intercede in his behalf with your excellency for a reprieve and stay of execution.
'Your excellencie's petitioners do, therefore, accord- ingly, in all humble manner, beseech your excellency that the rigour and severity of the law to which the said condemned malefactor hath miserably exposed himself, may be remitted and relaxed by the exercise of your excellency's mercy and clemencie upon so wretched and miserable an object.
'And your petitioners, as in duty bound, will ever pray, &c.'
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'UPPER HOUSE, February 17th.
'The lieutenant-general hath considered of the peti- tion here above, and is willing, upon the request of the lower house, that the condemned malefactor be repriev- ed, and execution stayed, provided that the sheriff of St. Maries' county carry him to the gallows, and that the rope being about his neck, it be there made known to him how much he is beholding to the lower house of assemblie for mediating and interceeding in his behalf with the lieutenant-general, and that he remain at the city of St. Maries, to be employed in such service as the governor and council shall think fitt, during the pleasure of the governor.'
The quakers, or friends, who had settled in Maryland at an early period of its establishment, suffering under that system of intolerance and persecution which pre- vailed against all dissenters at that, and down to a later day, remonstrated against the unjust laws of the pro- vince which debarred their testimony on 'affirmation,' and subjected them to heavy penalties for refusing to take the prescribed 'oaths ;' although contrary to their conscience, and, in their opinion, the Saviour's positive injunction, declared in his sermon on the mount- 'swear not at all.' This remonstrance or petition ap- pears upon the journals of the upper house in 1674, and is as follows :
'SATURDAY, 23d May, 1674.
'Read in the house, a petition exhibited by certain quakers, as follows, viz :
'This we do lay before the governour and council and assembly, in the wisdom of God, to consider of, from us who are in scorn called quakers.
'What we can say and do instead of an oath, it is in
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obedience to Christ's command, that we cannot swear and take an oath, and Christ our Lord and Saviour's command is, 'I say unto you swear not at all.' Though in the old time, they were not to forswear themselves, but perform their oaths to the Lord; and the Lord Jesus Christ's command is, but let your communication be yea, yea, and nay, nay; for whatsoever is more than these cometh of evil : and St. James saith, in his general epistle to the Church of Christ, above all things, my bre- theren, swear not ; neither by heaven, nor by the earth, nor by any other oath ; mark, but let your yea, be yea, and your nay, be nay, least you fall into condemnation. Now, here ye may see, that Christ and apostles setts us yea, yea, and nay, nay, over and above an oath and swearing, and in lieu of an oath. .. See, in obedience to Christ and the apostles' command, it is, that we do not, and dare not swear, least we should go into the evil, and so fall into condemnation, as Christ and the apostles saith before. But, according to Christ Jesus and the apostles' command, doe keep to yea, yea, and nay, nay, wherein they do double their words to make them of more force. Christ Jesus to the disciples and the apostles to the church; and now, if, that we are called to testifie the truth, or to serve in any office or place or jurie, if that we do break our yea, yea, or nay, nay, then let us suffer the same penalty, as they, that do break an oath, or are foresworne. And this not re- pugnant to the laws of England, having the same pe- nalty on the same transgression ; for, in Jamaica, their law is so, that our bretheren's testimony upon yea, yea, and nay, nay, as Christ and as the apostles commanded, is taken, and the same in the acts and province laws at Carolina, and the same in the patent and acts at Road
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Island, and the same in the new country of Jersey, is taken instead of an oath ; which the governour and his council and assembly may, by an act of assembly, let us have the same liberty here, as our, bretheren have in other places, colonies or provinces, that we may not be put to inconveniences, for you do know what trouble often many of us are put to, because we cannot swear and take an oath, and do lose our rights and that which is due to us from others, and how we have been made a prey upon by many, because we cannot swear, and have lost much in our estates, and cannot be so ser- viceable in our generation to the country, as we might bè, and also what trouble we have had, who have been overseers 'or executors, or the like, that have been in- trusted with orphans, fatherless, and widdows' estates or wills, for want of an oath. And, therefore, you having power to remedie these things by making an act, we do lay them before you, and that if we do breake our yea, yea, or nay, nay, or what we testifie, then let us suffer the same punishment as they do that break their oaths or swear falsly ; and this we are willing to suffer, who profess faith in Christ, and would have all that profess the same, to exercise a conscience void of offence to- wards God and men. So you may remove this oppres- sion if you please, and let us have the same liberty that our friends and bretheren have in other countrys and islands, as we are credibly informed ; whose hands are hereunto subscribed in the behalfs of our bretheren.
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