USA > Maryland > Talbot County > History of Talbot county, Maryland, 1661-1861, Volume II > Part 36
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Witness Charles Calvert, Esq., his Lordship's Lieutenant General of the said Province of Maryland.
CHARLES CALVERT.
Proclaimed at the city of St. Mary before the Burgesses of the Assem- bly, there convened, the two and twentieth day of April, in the thirty- seventh year of the dominion, &c.6
This proclamation of Governor Calvert is as little decisive as the deed of William Stevens, as to the location of the town proposed to be founded : but it does not invalidate the conjecture that has been ventured.
From this time onward there are numerous records establishing the existence of a town at the place where Oxford now stands, at dates an- terior to that of its legal recognition. A few of these may be interesting, and are here inserted for the satisfaction of those who are curious in such matters. That Oxford had an existence in March 1668 is shown , by the will of William Parrott, who, in that month of that year, devises to his son of the same name a house and lot in that town, which is men- tioned expressly.7 "On the 19th day of September (1670) Jno. Pitt comes into court and acknowledges a deed of sale unto Edward Roe of two thirty foot houses, lying and being in ye city of Oxford in Tred Avon, and all ye land hereunto belonging."8 On the 18th day of February, 1672, Anthony Mayle deposed in open court that "Michael Taylor did tell your deponent yt he would keep store at ye town of
5 Either a false reading or a misprint for Tred Haven.
6 From a communication of J. J. Stewart to the Baltimore Sun, April, 1878, with reference to the boundaries of Kent, Talbot, Baltimore and Cecil counties.
7 Testamentary Records of Talbot county, in Registers office, Volume of Wills for 1665 to 1717.
8 Land Records of Talbot county, No. I, p. 167.
337
THE TOWNS OF TALBOT
Oxford, p'vided he might not be starved, as he was ye last year." 9 All the keepers of ordinaries within the county were ordered to appear before the county court, and did accordingly so appear Oct. 15th, 1674, when they were all licensed to continue their ordinaries at the places where they had hitherto been kept, except John Boone who "is ordered by the cort to remove, according to his promise then made, unto the town of Oxford in Tred Avon creeke, ye court being satisfied that where he now dwelleth is not a place convenient for an ordinary, &c."10 Under date of Nov. 17th, 1679 it is recorded "That the court hath con- sidered that the city of Oxford is a fit place for an ordinary, it being convenient for shipping. Ye court hath therefore ordered that Thomas Impey cl'k drawe a license and bond according to Act of Assembly for Edward Simson to keepe ordinary at ye s'd city as afores'd w'th sufficient sureties to performe according to Act of Assemby."11 If other evidence were wanting of the existence of an embryo town at the place indicated, it would be furnished in the fact, that when the town was laid out an account of which is now to be presented, a number of persons claimed ownership of houses and lots within the limits of the town as defined by the commissioners and the surveyor.
At a meeting of the General Assembly in October, 1683, an act entitled "An Act for the advancement of Trade" was passed, Nov. 6th of the same year, declaring certain "town ports and places of trade * to be ports and places where all ships and vessels trading into this Prov- ince shall unload and put on shore, and sell, barter and traffic away all goods, &c., imported into this Province and all tobacco, goods, &c., of the growth, production and manufacture of this Province, intended to be sold here, or exported, shall be for that intent brought to the said ports and places." Among the towns or places named in this Act; were these within the limits of Talbot county, viz:
Near Tred Avon creek, at the Town Land.
In Kings Creek, near the old town.12
In Wye river, Town Land there.13
9 Land Records of Talbot county, No. III, p. -.
10 Land Records F. F., p .-
11 Court Records of Civil Judgments of date.
12 In explanation it may be stated that this was probably what was subsequently known as the town of Kingston, which was near the place now called Kingston Landing.
13 This was unquestionably the place which subsequently became known as Doncaster, at the mouth of Wye river, opposite Bruff's or more properly Crouch's island on on the Wyetown farm of Col. Edward Lloyd.
338
HISTORY OF TALBOT COUNTY
At the Town Land, at the Fork in Chester river.14
In the following year upon petition of certain of the inhabitants, other towns and ports were established by law, but none in Talbot; but in 1686, upon a similar petition, other towns and ports were author- ized to be laid out, to which all the privileges granted to the first were conceded. Among these was one for Talbot,
"At or near the Court House upon the land of James Downes, and the lands adjacent, to be called York."15
Again in 1688 other towns were "erected" in the Province, and one of these was in the county of Talbot, as then bounded,
"On the North side of Corsica Creekat a place called Gleven's Point, to be called Talbot town."16
Reverting now to the law of 1683 establishing the town and port of Oxford, it may be interesting to note some of the provisions of that law, and the proceedings held under those provisions. Commissioners were appointed for each of the counties in which the towns were or were to be located, whose duty it should be to purchase the necessary quan- tity of land, have it surveyed and divided into lots, which were to be marked and numbered. The quantity of land was to be one hundred acres, and the lots to have an area of each one acre. There were to be streets, lanes and alleys, and "open places to be left for erecting a church, chapel, market house or other public buildings." In case the commissioners and the owners of the lot could not agree as to price, a jury of condemnation and assessment was to be summoned by the sheriff to value the lands. The owner was to be paid by the persons "taking up" the lots, but he was to have the first choice. It was re- quired of each "taker up" of a lot to begin to build a house twenty feet square, within one month after the entry of his claim, and to complete
14 The town at the forks of Chester river was what in the records is variously designated as West Chester, Chestertown, and Forktown. It was not upon the site of the Chestertown of the present day. At Forktown a court for Talbot county was held as early as 1664. It may be noted here that as the date of the "erection" of this town, the county of Talbot embraced the whole of what is now Queen Anne's, a large part of what is now Caroline and perhaps a very con- siderable portion of what is now Kent counties. The boundaries of Talbot will hereafter be discussed, in another connection.
15 This town of York, which was the seat of Justice for Talbot county until the division of the county in 1707, was upon Skipton creek, and upon the farm now (1882) owned by Mr. Courtelieu, and known as the Hemsley place.
16 The writer has not been able to identify this with any known town or vil- lage. It was probably never more than a mere place of landing.
339
THE TOWNS OF TALBOT
it within six months. The lots were to be open to selection, by the citi- zens of the county only, during four months from the date of the sur- vey; but after that time had elapsed, to any and all persons complying with the terms. If any lots should not be taken, after five years the title reinvested in the original owners. All goods imported were to be landed and all exported to be loaded, at one of the towns and ports, from and after the last day of August, 1685; and to guard against vio- lations of these provisions of trade two officers were to be appointed, one for the Western and the other for the Eastern Shore (in Talbot and Somerset) "to take due entry and clear all ships trading into this Prov- ince." It was ordered that "all rents due to his Lordship, all public levies, officers' fees, etc., due on execution to be brought to the towns, * * and secured as other tobaccos" in storehouses; upon which tobacco thus bought and paid, a discount of five per centum was allowed. Debts due on and after the last day of August, 1685, were to be paid in tobacco delivered at some of the towns, at the charge of the creditor.17 It may be inferred, from certain expressions in the Act, that when any of the towns named in this or in subsequent acts of the same tenor, were already, or should become large enough to de- fray the expense, without charge upon the county, of sending a Burgess to the General Assembly, it should be entitled to a delegate as its repre- sentative, just as the city of St. Mary's was entitled. There were other provisions in the law, for which the reader is referred to the Abstract given in Bacon's collection.
In conformity with the requirements of the Act the gentlemen, nomi- nated or a majority of them proceeded to execute their trust. A minute of their meetings has been preserved, and is here presented.18
17 In some of the subsequent Acts all debts paid at some of these ports were dis- counted at the rate of ten per centum. These towns were therefore, in the ab- sence of banks the places at which debts were made payable the tobacco, as the currency, being deposited in warehouses to the credit of the creditors.
18 The details of the account about to be given of the laying out of the town of Oxford have been derived from an exceedingly interesting manuscript record collected and compiled by Mr. Samuel Chamberlaine, the first of the name in Talbot, and carefully preserved by his descendants. Through the kindness of Mr. James Ll. Chamberlaine, now a resident of Baltimore, the writer was per- mitted, years ago, to make a full abstract of this record and of the notes inserted in it, chiefly genealogical, of the Hon. John Bozman Kerr. Mr. Chamberlaine adopting the suggestion of the writer has deposited this valuable MS. with the Maryland Historical Society, which it may be well enough to say, in passing, should be the custodian of all such papers, of which no duplicates exist.
340
HISTORY OF TALBOT COUNTY
THE TOWN AND PORT OF OXFORD
At a court held on the land of Mr. William Combs in Tred Haven creeke for the laying outt a town there, on Tuesday ye 29th day of July, 1684, met according to the subdivision, the Honourable Coll. Vincent Lowe, Mr. Edward Man, Mr. James Murphy, Mr. John Rousby, Mr. William Combs, Mr. Bryan O'Mealy, Mr. John Newman; Commission- ers.
And adjourned till Thursday.
JOHN WOODWARD, C'Ik. Thursday, July, cctt.
Mett the aforesaid Commissioners and caused the aforesaid town to be surveyed staked outt according to Act of Assembly, and the lots numbered from 1 to 100.
The town called by the name of Oxford.
JOHN WOODWARD, CI'k. August ye 2nd, 1684.
Then came Mr. William Combs and took up his lott, in the same town of Oxford, staked outt according to Act of Assembly and numbered 29. JOHN WOODWARD, CI'k. Eod'm Die.
"Came Coll. Vincent Lowe and took up his lott &c." Here fol- lows the same formula for the taking up lots in the town by these per- sons, namely :
William Combs, Lot No. 29.
Coll. Vincent Lowe, Lot No. 30.
John Pattison, Lot No. 28.
Dr. Thomas Goddard, Lot No. 17.
Richard Royston, Lot No. 1.
John Rousby, Lot No. 2.
William Wintersell, Lot No. 3.
James Sedgwick, Lot No. 4.
Rachell Bailey, Lot No. 100.
David Fairbank (Sept. 23), Lot No. 50.
Henry Newnam, Lot No. 41.
Thomas Delahay, 42.
James Derumple, 43
Mr. Edward Man, Lot No. 44.
John Morris, 45.
Dennis Hopkins, Lot. No. 5. George Robotham, Lot No. 6.
Henry Alexander, 7.
Zerobabell Wells, 8.
Ralph Elston, Jr., 9. Jasper Hall, 66 93
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THE TOWNS OF TALBOT
Coll. Philemon Lloyd, Lot No. 96.
Thomas Imphey, 66
97.
John Price (Sept. 2), 66 32.
John Mann,
66 46.
Francis Harrison,
47.
Richard Gurling,
66 6 48.
John Woodward, 66
49.
Aug. 2nd, 1686.
Thomas Lurkey, Lot No. 51.
Howell Powell, 66 76.
William Dickinson,
Lot No. 77.
Richard White,
66
78.
Charles Dickinson,
66
4 79.
John Turner,
80.
William Moore, 6
84.
William Richee,
89.
Joseph James,
66 91.
Thomas Bowdle, 66
92.
"Lotts retaken up, Sept. 6th, 1685.
"James Sedgwick having taken up a lot in the towne of Oxford and nott built thereon, according to Act of Assembly, came Thomas Hutch- inson and took up the same anew, being staked out and numbered 4."
The same formula is repeated for these persons and their lots:
James Sedgwick's lot retaken by Thomas Hutchinson, 4. Zerobabell Wells' lot retaken by John Edmondson, Jr., 8. William Stevens' lot retaken by Walter Quinton, 16. Dr. Thomas Goddard's lot retaken by John Woodward, 17. George Robins' lot retaken by George Robins, (anew) 18. Bryan O'Mealey's lot retaken by Abraham Morgan, 24.
Major Peter Sayer's lot retaken by Peter Sayer (anew), 15. Thomas Hopkins' lot retaken by John Pope, 13.
John Edmondson's lot retaken by Richard Broughton, 23. Will Belford's lot retaken by Daniel Sherwood, 40.
Bryan O'Mealey's lot after forfeiture was retaken in the name of his orphan son, of the same name, by William Sharp, Abraham Morgan having also failed to comply with the terms of the Act. James Sedg- wick's lot after passing into the possession of William Beverly and Sarah Bartlett, fell to Sarah Bartlett and Joseph Lowe, May 4th, 1686.
At the risk of making this account tedious, the contents of the whole of this early record has here been given, that it may be known who were the persons that became residents of this town, or possessors of property therein. There can be no doubt that many of the lots were taken up
342
HISTORY OF TALBOT COUNTY
upon pure speculation, for the names of some gentlemen appear in the list whose large landed estates in other portions of the county, and whose other interests precluded them from making Oxford their home or even their place of business. Very evidently, from the number of towns that were authorized by several acts referred to, and from the avidity with which the lots were taken up within their limits, as in this case, the province of Maryland was, at the period under consideration, passing through one phase which new countries are almost sure to enter. Here was presented at this early time what has been so often witnessed in the new states and territories of our country-towns without population, streets without houses, and marts without business In the case of Ox- ford, however, there was ground for the belief that a flourishing city might be built up, and though the brilliant expectations that were indulged were not fully realized, the place did become one of very considerable trade, though never one of much size in extent or popu- lousness.1 9
Of the progress of the town for the ten years succeeding its laying out in 1684 little is known. After the Revolution in England, in 1688, known as the Protestant Revolution, Maryland became a royal province. At an assembly held in 1692 "An Act of repeal of all laws made in this province, &c." was passed, which covered and therefore repealed all the acts for establishing towns and ports. In the year 1694, however, an act entitled "An Act for erecting Anne Arundel and Oxford towns in- to ports and towns" was passed, by which the places named became, to all appearance, the sole ports for the entrance and clearance of vessels for the province. By this act a collector and naval officer or their deputies were required to reside at each of these ports. Commissioners for each were named for buying and purchasing the town lands, and for the surveying and laying out the same into lots, who were directed, on or before the 20th of February of the same year, to meet on the town lands and there to treat and agree with the owner or persons interested, for the purchase of one hundred acres, which should, after purchase, be surveyed and by them "marked, staked out and divided into convenient streets, lanes, alleys, with open spare places to be left, on which may be erected a church, chapel, market house or other public building, and the remaining part of the said one hundred acres to be divided into one hundred equal lots" which were to be duly marked. The owner of the land was entitled to the first choice of a lot, and then the Governor to
19 There is really no evidence that Oxford at the most prosperous period of its provincial history, had as many people as it now counts or claims.
343
THE TOWNS OF TALBOT
the choice of three, if he should so please. The lots were then to be open to be taken up by any inhabitant of the county, during six months, after which time they were free to be taken by any one paying the owner for the same. In case the owner should refuse to sell the lands, or there should be any other impediment to the sale, then the com- missioners were authorized to summon a jury of free-holders to assess such damages and recompense as they should think fit, to be awarded to the owners and all persons interested, according to their several respective interests. The owner was authorized and required to receive the pay for his land from the persons taking up the lots; which were, each, to be valued at a sum equal to the amount agreed to be paid by the commissioners or awarded by the jury. Those persons who had bought lots under the agreement and survey of 1684 were confirmed on their rights. Takers up of lots were required to build a "twenty foot square dwelling house, at least within twelve months after taking up the same" as well as pay the sum at which the lot was rated before they could acquire full title to the property. "And any person or persons that shall build and inhabit in such port or town, and shall owe any tobacco, and will pay the same in such town, he shall be allowed ten per cent for every hogshead of four hundredweight and upwards, so paid in towns, to be deducted out of the debt aforesaid, or pleadable in bar of creditor." An act entitled "An additional act to the Acts of Port" passed at the May session of Assembly in 1695, authorized and directed the commissioners appointed by the act of 1694 some time before the last day of September next, to proceed to survey and lay out the town land at Oxford, "bounding the same at low water mark, including the island, and so to the old bounded tree at the southermost part of the Neck." It further directed that "there be one or more places laid out and reserved for the building of ships and other vessels. It provided also "that the two ports of Anne Arundel and Oxford, for the future, shall be called, known and distinguished by the names or appellations of Annapolis and Williamstadt, that is to say, the port of Anne Arundel to be called by the name of Annapolis and Oxford by the name of William- stadt. And that there be purchased to the said town of Williamstadt, one hundred acres of land adjacent to the said town, for a common or pasture for the benefit of all persons within this province that shall repair to the said town. And that the same be laid out as above expressed and that six acres of the same be reserved for public buildings."20
20 Bacon's Laws, under dates.
344
HISTORY OF TALBOT COUNTY
The gentlemen named in the Act of 1694 to be the commissioners for the purpose therein mentioned, were these, namely:
Mr. Edward Mann,
Mr. John Edmondson,
Mr. Clement Saile,
Mr. John Needles,
Mr. Thomas Robins,
Mr. Thomas Robins, Jr.,
Mr. Thomas Smithson,
Mr. Robert Smith,
Mr. John Hawkins, and
The Hon. Col. George Robotham.
Of these the seven first mentioned, being a majority, met at the town of Oxford on the 19th of October, 1694, and elected Mr. Thomas Delahay, their clerk, who qualified by taking an oath faithfully to discharge the duties of his office. They then agreed with Mr. Nicholas Lowe and Elizabeth his wife of the purchase of the town land. On the 17th day of December of the same year Nicholas Lowe and his wife executed an indenture by which they bound themselves to the commissioners to give a clear title to every "taker up" of a town lot who should pay them the sum of five hundred pounds of tobacco. They further obligated themselves to give a like title to all those persons who had taken up lots under the act of 1684, and had built houses thereon, although such lots had been forfeited by the failure of the takers up to pay the stipulated price; provided that price was now paid. They agreed to warrant and defend the title against the heirs and assignees of the late William Combs, deceased, the former owner of the land.21
The commissioners or a majority of them, met again at Oxford on the 5th day of February 1694, when they issued a summons for Mr. William Stevens, Senior, doubtless the same who had presented thirty acres of land to the Lord Proprietary for the site of a town, as has already been mentioned, who appeared before them and promised to bring his papers the next day. It would seem that Mr. Stevens claimed to hold a title to the land purchased, or a part thereof. A commission was also issued Mr. Philemon Hemsley, the Public Surveyor, to survey and lay off the land according to the provisions of the act.
On the following day the record says: "By reason of several pretend-
21 The full text of this indenture is given in the Chamberlaine MS., but need not be further quoted.
345
THE TOWNS OF TALBOT
ing titles to the towne land it was voted [?the word is illegible] by the commissioners whether a jury or nott should be pannelled," Major Smithson and Mr. Needles dissenting. On the 7th of February the following minute was entered.
"It is taken into consideration that whereas there hath [been] a certyn writings drawne between Mr. Nicholas Lowe and his [wife] of ye one part and ye major part of the commissioners for ye towne of Oxford of ye other, now that by reason of several others pretending a title to the said land, and ye said deed is found to be faulty, therefore to help the title of ye towne be better it is voted yet a jury be sworne. The com- missioners coming together take into consideration the several p'rsons pretending to have a title of ye said land at Oxford now lay'd out for a pretended towne, being one hundred acres; it is first considered by reason of several pretenders to have a title and interest in the said land, for which reasons, thought [though] an indenture was drawne, yett upon due consideration, for ye reasons aforesaid, the said indenture is voyd as to our proceedings. We are agreed to proceed by a jury .- S'd jury called and sworne.
The jurors names.
Mr. Mathell [Michael] Turbett,
Mr. Samuel Martin,
Mr. Daniell Sherwood,
Mr. Thomas Ball,
Mr. Francis Harrison,
Mr. Nicholas Goldsborough,
Mr. Robert Grundy,
Mr. James Brishope,
Mr. Lawrence Knowles,
Mr. William Jones,
Mr. Mathew Milburne,
Mr. George Ladmore,
"The jury return their verdict that they do value ye hundred acres of land layd outt for a Towne called Oxford after ye rate of five hundred pounds of Tobacco per acre to ye oner or oners, and that they do value the hundred acres contiguous to ye said hundred acres called Oxford at ye rate of nine thousand pounds of Tobacco."22
Mr. Lowe and his wife formally assented to the award of the jury so far as to agree to receive five hundred pounds of tobacco for each town lot, but they dissented from the valuation of the hundred acres for a
22 The condemnation of the one hundred acres for a town-common was author- ized by a supplementary Act of May, 1695, whereas the meeting of the Commis-
346
HISTORY OF TALBOT COUNTY
town common. They agreed, however, to accept for this hundred acres "twelve thousand pounds of tobacco from the Commissioners to be paid at some convenient time to answer exportation." But this offer was not accepted, and the matter of the common lay over for some months, as will presently appear.
The Commissioners met on the following day, Feb. 9th, and "with the Surveyor proceed to lay outt ye towne and stake it out." On the 11th "The Commissioners mett againe and the Com's with the Surveyor proceed staking outt ye towne as aforesaid, laying out the markett place and streets." Feb. 12th "The Com's meet againe, proceeding as before." Feb. 13th, "The Com's meet, againe proceed to a full survey, and there was layd out the Island." For several days the Commission continued its sessions determining matters relating to the survey, the occupancy of certain lots, and the taking up of others: but on the 18th of Feb., owing to much dissatisfaction founded upon the fact that all persons desirous of taking up lots had not an equal chance, and that some lots were of more value than others, it was resolved that the priority of choice should be determined by "drawing tickets made from 1 to 40, and Mr. Thomas Robins, Jr., was appointed to pre- pare the tickets and superintend the drawing." Under this arrange- ment many lots of ground in the town were assigned, of which it is not necessary here to make any record.
In September, 1695, the survey was renewed and extended, Mr. Hemsley still acting as surveyor and Mr. Delahay as secretary; the whole being completed September 28th. On the 30th of December of the same year the Commissioners or a majority of them met at "the town and port of Williamstadt,"23 for the purpose of laying off the land for a town's common, in conformity with the Act of Assembly, passed at the May session of 1695, before referred to in this paper. The High Sheriff, Captain James Smith, who was expected to produce "the ordinance of ye House of Burgesses" did not appear; so the Commission had before them but a copy which was to this effect:
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