USA > Maryland > Dorchester County > History of Dorchester County, Maryland > Part 4
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At some time previous, Hugh Eccleston had been ap- pointed Clerk of the Dorchester County Court, but had been lately removed by Governor Copley, "and now presented a petition to be reinstated, alleging for reason that he had well and submissively behaved himself to their Majesties' Gov- ernment, and was never known or suspected to be any ways tainted or ill-effected to the same, and for what reasons turned out he knew not."
Charles Hutchins, Edward Pinder, Thomas Ennalls, Henry Hooper, Thomas Hicks and William Mishew, Magistrates, had endorsed his petition.
On May 18 the Governor sent for Dr. John Brooks to give his opinion of Mr. Eccleston, late Clerk of the Dor- chester County Court, who had petitioned for reinstatement.
He said "that he well knew Eccleston to be every way fully qualified for the place, and will give great satisfaction to the County as formerly he hath done. * *" The Commissioners of the County "upon examination thereof could not find anything substantial or material against the said Eccleston, whereupon and for that, it is also informed that the present Clerk, Mr. Benjamin Hunt keeps an "Ordin- ary." His Excellency restored Eccleston to the clerkship.
Delegates at this session from Dorset, were Henry Trippe, Dr. John Brooks, Thomas Ennalls and Edward Pinder.
'At the adjournment of this Assembly, June 9, 1692, it was prorogued by Governor Copley until October 13, 1693, but a few days before the death of Governor Copley, he called an extra session to meet September 20, 1693.
After the Governor's death, Governor Andros, then Gov- ernor of Virginia, at once seized the government of Maryland, by virtue of a royal commission, having been appointed Com- mander-in-Chief of Maryland, in March, 1692, while Capt. Francis Nicholson had been appointed or commissioned Lieutenant-Governor in February. Andros claimed that his commission empowered him to do so, in the event of Cop- ley's death, and the absence of Nicholson, but when exam- ined, it only authorized him to assume control in the event
'49
ACTS OF ASSEMBLY
of Nicholson's death and Copley's absence. At this Septem- ber session Dorchester was only represented for one day, and by Henry Trippe, who was then granted leave to go to Eng- land. Dr. John Brooks and Edward Pinder, other late members had recently died, and Thomas Ennalls failed to appear. There was little to note of Dorchester affairs at this Assembly, except the issuing of writs for an election of repre- sentatives, and the selection of Col. Charles Hutchins, by Governor Andros, for a member of his council under his ques- tionable rule. The County and Court Justices in 1693 and 1694 under his control were Richard Owen, Walter Camp- bell, Thomas Ennalls; and Wm. Mishew and John Mackeele. Special and interesting County Court proceedings at this period are given in Chapter V.
Governor Andros returned to Virginia in 1693, leaving Nicholas Greenbury President of the Council and Acting Governor. Still in control in May, 1694, he appointed Sir Thomas Lawrence President of the Council and Acting Gov- ernor. In the following summer Lieutenant-Governor Nicholson arrived in the province, exhibited his commission and was installed Governor. His administration did not radically change the County Officers in Dorchester, particu- larly the Court officials, nor in the election of Burgesses to the Assembly.
At the next Assembly session, held in May, 1695, one leg- islative bill allowed Jacob Lockerman, Sheriff of Dorchester County, 1440 pounds of tobacco for carrying the Burgesses over to the Assembly in February, 1794, and the same amount for similar work in May, 1695. At this session, Henry Hooper, Thomas Ennalls and Thomas Hicks, Burgesses from Dorchester, were paid for official services 140 pounds of tobacco per day for the session and for traveling expenses for four days, 80 pounds per day.
At the next Assembly session, on October 17, an order was passed that the Courthouse at Cambridge be used for holding Episcopal Church services, as it stood convenient for church purposes in the parish.
50
HISTORY OF DORCHESTER COUNTY
The educational interests entertained by Governor Nichol- son, late Lieutenant-Governor of Virginia, that influenced largely the building of William and Mary College in 1693, had not abated when he came to govern Maryland. His pro- position to the Assembly led to the passage of the Petitionary Act in 1696 for establishing a Free School or Schools in Maryland. By legislative appropriations and Governor Nicholson's magnificent gift and private subscriptions, King William's School in Annapolis was erected. The contribu- tors for this school building from Dorchester were:
Colonel Hutchins, who gave 1000 pounds of tobacco. Henry Hooper, who gave 800 pounds of tobacco. John Pollard, who gave 800 pounds of tobacco.
Thomas Hicks, who gave 800 pounds of tobacco. Thomas Ennalls, who gave 1200 pounds of tobacco.
A Board of Visitors or School Trustees was appointed from each county; those from Dorchester were Rev. Thomas Howell, rector of Great Choptank parish; Col. Roger Wool- ford; Major Henry Ennalls; Capt. John Rider; Capt. Henry Hooper; Capt. John Hodson and Govert Lockerman.
Under royal control some stringent laws were passed that were helpful to some persons and burdensome to others. Every Dorchester citizen felt their effects. Especially so was the Act passed in 1696 that repealed all prior Acts con- cerning religion and church worship, and enacted another that bore the same title as the Act of 1692, viz: "An Act for the service of Almighty God and the establishment of the Protestant Religion in this Province." This Act required the annual payment of the tobacco tax of forty pounds per poll, or head, by every person over sixteen years of age, for the support of the church and its ministry. Only ministers and poor persons who received alms from the county were exempted from payment of this tax.
The Anglican Church Act of 1692 and its supplements had become so unpopular, that it was very doubtful if the Council of Maryland and the Burgesses of the General As- sembly of the Province, would pass the forty pound poll tax;
51
ANGLICAN CHURCH ACT OF 1692
and William Smithson, an ardent supporter and friend of the Protestant Government, respectively analyzed the Assembly vote on the Church Act, prior to its passage, for Dr. Bray.
The characters used by him to denote his opinion of each delegate were these: "X" for those thought to be for the law; "B" for those thought against it, and "D" for those doubtful. The Dorchester Delegates were reported as fol- lows:
"X" Dr. Jacob Lookerman,
"D" Mr. Thomas Hicks,
"X" Mr. Thomas Ennalls,
"B" Mr. Walter Campbell.
Comments following the names of these Delegates were "Dr. Jacob Lockerman and Mr. Ennalls are Good Moderate men. Vestrymen and wish well ye church."
"Mr. Hicks an humdrum fellow knows not what he is for himself."
"Mr. Cambel of ye kirk of Scotland."
To digress, and give comments on some Delegates from other counties, seems irresistible.
From Charles County :
"Capt. Philipp Hoskins and Mr. Philipp Briscoe. Luke- warm Neither Hott nor Cold."
Somerset County :
"Major Wm. Whitington always accounted a Jacobite. Mr. Walter Lane & Mr. Samuel Collins are silly drunken fellows, easily persuaded by Whitington."
Anne Arundel County :
"Capt. Richard Hill ty'd to the L.' Baltimore & Quaker Interest, has three sonns at Menns Estate not Christened, two absolute Quakers & and the other leaning Himself hold- ing Baptisme not necessary to Salvation."
Oaths of allegiance and supremacy were required frequent- ly to be taken, in the transaction of much public business, and often in matters of private affairs.
52
HISTORY OF DORCHESTER COUNTY
Brief extracts from some forms of oaths are here given : "I will be faithful and bear true allegiance to his Majesty King William." Another was: "I do swear that I do from my heart abhor, detest and abjure as impious and heretical the damnable doctrine and position that princes excommuni- cated and deprived by the Pope or any authority of the See of Rome, may be deposed by their subjects. * *"
A third was: "I do declare that no foreign prince, person, prelate or potentate, hath or ought to have any jurisdiction, power, superiority, primacy or authority, ecclesiastical or spiritual, within the realm of England, or the dominions thereunto belonging."
The various strict regulations adopted and rigidly enforced under Protestant rule in the province, including compulsory attendance on Sunday at church service, so interfered with the liberties of the people that the County made but little progress from 1689 to 1715; and from the restoration of the Proprietary at this time, to 1753, Maryland history in any part of the colony claims no great events. "Local annals disclose frequent contentions between the Proprietary and the people, he contending for hereditary privileges, and they trying to establish their liberties as formerly, and to acquire new ones." These struggles developed in Dorchester and other counties popular opposition to all forms of oppression, and were the germs under cultivation that developed the Revolution of 1776.
COURT HOUSE, CAMBRIDGE.
UOF M ...
CHAPTER V.
MISCELLANEOUS EXTRACTS FROM OLD COURT RECORDS AT CAMBRIDGE.
The first or earliest Court records to be found in the Clerk's office of Dorchester County Court, date back to Au- gust, 1690. From 1669 to this time, four Courts each year were authorized to be held somewhere in Dorchester, and conclusively shown to have been first held at Islington; second at Dorset, from 1673 to 1687; and at Cambridge, from 1687 to 1690, and there ever since. For the first twenty years of the existence of the county, few records of Court or county affairs are to be found. By the loss of the records a period of most interesting and valuable county history has become extinct, and perished with the colonial generation that made it. With the succession of County Court Clerks during that time, viz: Edward Savage. Thomas Pattison, Hugh Eccleston, Thomas Smithson, William Smithson, Sam- uel Smith and Thomas Pattison, again 1688-and con- sidering the strict instructions given the County Justices and Clerks when appointed, that outlined their duties to the people and oath of obligation to the Proprietary, it is a strange mystery that their recorded official proceedings should have ever been misplaced. If Thomas Pattison, who was Clerk under the Proprietary in 1688, succeeded himself in 1689, having been appointed then by the Protestant Assembly, why should not the records kept by him, at least, under the two different governments have been preserved?
To note some official acts of the Court more than two hundred years ago, and later, in the town of Cambridge, then so differently peopled and influenced by law and order in conformity with the rigorous code of English justice, will contrastingly illustrate the difference in the lightened and
54
HISTORY OF DORCHESTER COUNTY
modern measures of justice for minor offences against the law in this day.
The organization of the Court under the reign of William and Mary, at Cambridge, is here given. First Court of Record held.
"Maryland
August 1, 1690.
At a Court held for the County of Dorchester, Aug. 5, 1690.
Present, Hon. John Brooks,
Present, Col. Charles Huchens,
Present, Hon. Henry Hooper.
of the Quorum.
Hon. John Hodson, Capt. John Makeele,
Hon. Thomas Ennalls, Mr. Thomas Hicks,
Justices.
Mr. William Misshew, Mr. Edward White,
"After the Justices and all the Court officers then present had taken the oath of allegiance and supremacy to their Lordship's Majesties, William and Mary, by the Grace of God, &c., the Court adjourned for one hour."
"The Court set again."
"Proceedings. Whereas Robert Thornwell was fined last June Court for not answering to serve on the grand jury being summoned. The Court then said, ordered his said fine be and is remitted. he having now shown good and suffi- cient reasons to the Court for his absence according to the former order of Court ! THOS. PATTISON, CI'k."
"Thomas Flowers who had been also fined was relieved." "The Court ordered that John Kirk pay unto John Lahy, his corne and clothes according to Act of Assembly for his time of service completed with him, the said John Kirk; or execution. THOS. PATTISON, CI'k."
55
OLD COURT RECORDS AT CAMBRIDGE
"Upon the complaint of John Makeele, Jun. over-seer of thyr highways on Fishing Creek hundred, that William Mills Mr. Pollard's man, David Jones, Mr. Clark's, Edward, Thomas Nooner, Cornelius his negro, William Hill, planter, John King, servant to John Brannock, Walter at Mrs. Wood- ward's, and Richard Thomas could not attend the clearing of the highways, being summoned by the said the over-seer &d The Court ordered summons be issued to these people to appear at the next Court to be held the first Tuesday in September next, and answer why they did not obey the over- seer, or be fined according to law."
"Katherine Baggott was fined five hundred pounds of to- bacco for having born of her body a bastard child. Thomas Wells appeared at Court and to pay the fine for her. The mother of this child was a servant of Mr. John Brooks, and the Court ordered the child to serve Mr. John Brooks until 21 years of age for the raising and keeping of it."
"Mary Bradston was ordered to be whipped by the Sheriff, with 15 lashes well laid on the bare back for having born of her body a bastard child."
"Court adjourned until 8 o'clock next morning."
August 6. Provincial Court proceedings.
1690. "The Court this day ordered that Aaron Tunes shall bring to or send to next County Court, a gun that he for- merly bought of an Indian called Cut Wilson Jack, supposed to be a gun belonging to John Dryson."
"The Court this day ordered that Katherine Fielding shall be whipt and receive of the sheriff ten lashes well laid on her bare back for the contempt and abusing the Justices in Court Sitting.
"THOS. PATTISON, CI'k."
"This day the Court ordered that James Nowells be fined five hundred pounds of tobacco for his wife Margaret Now- ells abusing Mr. Wm. Hill and our Burgesses biding them 'be damned.'
"WILLIAM HILL, Sub Sheriff of the County."
56
HISTORY OF DORCHESTER COUNTY
Trial of Thomas N.
"Asked to drink his Majesty's health, asks what King * says 'I will drink his damnation and all his posterity.'" ("Not guilty.")
For Slander :
"The Court this day ordered that the Sheriff do take in his custody and safe keeping Mathew Cary; and that he be wipt and * * of the Sheriff ten lashes well laid on his bare back, and likewise that the said - Cary be and is fined five hundred pounds of tobacco, all being for setting false reports against Mr. John Brooks, one of the Justices of this Court, according to Act of Assembly.
"THOS. PATTISON, CI'k."
1691. Petition to Court for relief of Contempt, for non- appearance.
"To the Worships the Justices of our Worshipful Court. "The humble petition of John Phillips.
That the Ptr. was for a grand jury, and the Pr Humbly being remote from home and noe quartors to be Sheweth } had here convenient to secure horses therefore the Pr did endeavor to go to Wm. Kenerlys for quartors, but being dark and unacquainted with the way, lost my way, and the night far spent before I' could come to any house until at last by the barking of Mr. Campbells doggs came there, and turning my horse loose could not find him timely in the morning; now may it please your Worships, the Commission- ers considered that your Pr. did not ever doe any act in con- tempt of ye Worships, humbly prays a remittance of the fines, and yr Pt. as in duty bound shall ever pray.
"JOHN PHILLIPS."
In 1691 "The Court ordered that a bridewell be kept at the house of Arthur Whitely, at the head of Fishing Creek."
57
OLD COURT RECORDS AT CAMBRIDGE
"Arthur Hart, constable of Armitage hundred, in 1691, conveys to the kepper of Bridewell House for Edward Pinder, who sends a servant, to be held there until Court."
The little brick jail, the first one built in Cambridge, was either full of prisoners or had not been completed at this time.
Copies of Old Court Records :
State of Md. ) Indictment : Felony: N. Cul & issue. against who was this
term convicted of Felony, was this day brought into Court to receive their judgment, which was that he should pay the fourfold of the value of the Hog mentioned in the indictment, and should return the said Hog, or the value thereof which the Court have valued at one hundred and twenty pounds of Tobacco to
and further, that the said be whipped at the public Whipping Post with ten lashes on his bare back, and then should stand in and upon the Public Pillory for the space of ten minutes. And the Sherriff was ordered that he should do execution therof forwith at his peril."
Old Court Record :
AN INDIAN'S PETITION TO COURT.
Mr. James S. Shepperd, Deputy Court Clerk, while exam- ining some old records in the Courthouse, found this petition :
"To the worpl Justices of Dorchester, in court sitting. The herewith petition of Harry Will Tom, one of the Ababcoes Indians, humbly sheweth :
"That your petitioner being at the house of Edward Bran- nock, Sen. in Fishing Creek, found several Englishmen drinking of sider and other drink, and amongst the rest gave your petitioner some of the drink that they themselves was a drinking, soe that your petitioner became fuddled; and in that condition John Brannock would have your petitioner to goe to John Button's to fetch a flitch or two of bacon for
58
HISTORY OF DORCHESTER COUNTY
the said John Brannock, and in order thereunto the said Indian had a small payr of still-yards to weigh the said bacon and as the Indian was goeing along the drink overcame him so much that he lay down in the woods to sleepe and by that means lost the said John Brannock's still-yards and cannot find them: whereupon the said John Brannock detains of the Indians one gun, a certain quantity of peake and a match- coat :
"Now may it please your worships, the premises considered, your poor petitioner humbly craves an order for his gun, peake and matchcoat, and your petitioner as in duty bound shall pray.
"HARRY WILL TOM."
.
COUNTY JAIL, CAMBRIDGE.
Towns and Their Descriptions. CHAPTER VI.
LOCATION OF TOWNS-WAREHOUSES-PORTS OF ENTRY-TOBACCO INSPECTORS-APPOINTMENTS.
At a session of the Assembly of Maryland, held at the "Ridge," in Anne Arundel County, in October and Novem- ber, 1683, a Town Bill was passed, which was in part as fol- lows: "After the last day of August, 1685, the towns, ports and places hereafter mentioned in the several and respective counties within this province shall be the ports and places where all ships and vessels trading into this province shall unload and put on shore and sell, barter and traffic away all goods, wares and commodities that shall be imported into this province. And likewise, that all Tobacco, goods, wares and merchandise of the growth, production or manufacture of this province intended to be sold here or transported out of this province, shall be for that end and intent brought to the said Ports and places. That is to say, in the County of * and in Dorchester County, on Morgan's Land, near the head of Fishing Creek, in Little Choptank, and on Traverse his Land on the West side of the North West branch of Transquaking River, at or near the fork."
Commissioners were appointed to purchase land and lay out towns; the Dorchester Commissioners were Major Thomas Taylor, John Brooks, Bartholomew Ennalls, Capt. Henry Trippe, Daniel Clark, Charles Hutchins, Edward Pin- der, John Pollard, John Hudson, Anthony Dawson, Thomas Pattison, James Peterkin, John Salisbury, Thomas Hicks, John Mackeele, John Alford, Henry Hooper, Jacob Lock- erman, John Richardson, Richard Owen, William Dorring- ton, John Stephens, Edward Brannock, and John Wood- ward, who were required to meet before the 28th day of
60
HISTORY OF DORCHESTER COUNTY
March, 1684, and purchase of some landowners one hundred acres of land; have surveyed and laid off town lots, streets, lanes, alleys, and leave places for churches, chapels, market house and for other public buildings; and the balance divide into one hundred lots. The owner who sold the land was to have the first choice of one lot, and no person to purchase more than one lot within the first four months; after that time any person could buy as many as he wanted. Each lot owner was to build one house not less than twenty feet square before the last day of August, 1685. Each lot was assessed a yearly rent by the Proprietary of one penny current money. The charter regulations for these towns contained strict storage and maritime rules too tedious to mention, as these places never developed into ports of much trade or interest.
In April, 1684, an Assembly Act was passed to locate a town on Daniel Jones' plantation, on the south side of Great Choptank River. In 1686 it was named Cambridge.
By an additional Act to the Act for Advancement of Trade and to the supplementary to the same, passed October 30, 1686, other towns were located as follows: "In Little Chop- tank River, on Brooks' Creek, at 'Nicholas Marye's Poynt,' called Islington; and one other in Hungar River, on the East side, on Andrew Fusleys' neck, to be called Bristoll." It was at that time found that some places were not suitable for towns, viz: , "In Dorchester County, now commonly called 'Dorchester,' on Morgan's land, near the head of Fishing Creek, in Little Choptank," was "by this Act to be annulled and untowned." In September, town officers had been appointed : For Cambridge, Maj. Thos. Taylor; Dorset, Edward Pinder; Yarmouth, Dr. John Brooks.
Warehouses were built at most of these towns, which were designed for ports of entry. In the warehouses built, im- ported merchandise, or goods to be exported (chiefly to- bacco), was stored. The storage charges on tobacco per hogshead was ten pounds of tobacco each year.
Though town sites were located, namely, Dorchester, Islington, Bristoll, Yarmouth, Cambridge, and others, none grew beyond small shipping points, where tobaccp was ex-
61
TOBACCO INSPECTORS
ported from government warehouses-except Cambridge, which was laid out in 1687, and to which the County Court was transferred from the town of Dorset in that year.
In 1707 a Town Act that abandoned some towns and authorized laying out others was passed.1
One hundred acres was laid out for a town on a point called Philips' Point, on the north side of Fishing Creek, in Hungar River.
Little Yarmouth, on Transquaking River, was aban- doned.
At a session of the Assembly, began November 21, 1763, an Act was passed amending the Tobacco Laws of the State, that designated the location of the houses, salaries of inspec- tors, and method of appointments. The location of the warehouses in Dorchester, number of inspectors for each, and the amount of their salary, are here given:
"David Melvill's Warehouse," one inspector; salary, 8800 lbs. Tobacco.
"At Hunting Creek," one inspector, 10,400 lbs. Tobacco.
"East side of North West Fork of Nanticoke, above Crotcher's Ferry," one inspector, 4000 lbs. Tobacco.
At the late Henry Ennalls' Jr., his warehouse, at Choptank Ferry, one inspector, 9600 lbs. Tobacco.
"Edward White's Warehouse, on Little Choptank," one inspector, 9600 lbs. Tobacco.
"At Plymouth Warehouse, on Fishing, Creek," one inspec- tor, 4800 lbs. Tobacco.
"At Vienna town, on the land of Joshua Edmondson," one inspector, 4800 lbs. Tobacco.
1 At the same session a Town-Port Act was passed that defined dis- tricts for ports of entry, touching Dorchester County, as follows: "That all towns, rivers, creeks in Talbot County, and towns, rivers, creeks and coves in Great Choptank and Little Choptank Rivers in Dorchester County and Kent Island in Queen Anne's County, shall be deemed and taken to be members of the Port of Oxford. All of Somerset and the remaining part of Dorchester County to be members of the Port of Green Hill, in Wicomico River. All commanders of ships or vessels shall enter their ships with the Naval officers and Collectors of the several districts where they design to ride and unload."
.
62
HISTORY OF DORCHESTER COUNTY
TOBACCO INSPECTORS-HOW APPOINTED.
The several and respective vestrymen and church wardens of every parish were required to meet at their respective churches between the first and tenth day of September, every year, to nominate and recommend to the Governor, four or two able and efficient planters, well skilled in tobacco, for each and every inspection within their parish. The certifi- cates of recommendation thus made were forwarded to the Governor, who then made the appointments.
The first public warehouse at Vienna was built in 1762. About this year it was made a port of entry.
1
MASONIC HALL. CAMBRIDGE.
.....
CHAPTER VII.
CAMBRIDGE.
DESCRIPTIVE LOCATION-COMMERCIAL ADVANTAGES AND FACILITIES-ORIGIN AND EARLY HISTORY-SOCIAL PROMINENCE-COLONIAL BUILDINGS-OLD JAIL-DORCHESTER HOUSE.
This charming little city-Cambridge-the county seat of Dorchester County, is well situated on the south side of Great Choptank River, about fifteen miles from Chesapeake Bay. The city is divided into East and West Cambridge by Cambridge Creek, formerly called Hughes' Creek, which enters the Choptank, a beautiful river about two miles wide at this point. The mouth of this creek forms a fine harbor for large and small vessels.
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