USA > Maryland > Anne Arundel County > Annapolis > The Ancient City.: A History of Annapolis, in Maryland, 1649-1887 > Part 4
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"The same night," says Heamans, "came further intelligence from the enemy in the harbor, that they were making fireworks against the ship." On this the Puritans "commanded a small ship of Captain Cut's, of New England, then in the river, to lie in the mouth of the creek to prevent the enemy's coming forth in the night, to work any mischief against the ship.'
The St. Mary's men evidently looked upon the campaign as one of certain triumph, and like of Goliath of Gath, before the armies of Israel, they defied the hosts of the Puritans.
Approaching on the morrow by a narrow neck of land, near which their vessels were moored, the Cavaliers, with sound of drum and rail- ings loud, called to their enemies: "Come, ye rouges, come, ye rouges, round-headed dogs." On this the Captain of the Golden Lyon fired his fourth and, this time, fatal shot, killing one of the St. Mary's men.
The day, the 25th of March, was the Sabbath, but religion and fighting are professions the Puritans always would mix. So whilst the Governor was putting his troops in martial array, the Puritan's were already in his rear. Their little band of one hundred and twenty; under Capt. Wm. Fuller, had marched out of town, around the head of Spa Creek, a detour of six miles, and now appeared behind the Gover- nor's army.
* Leonard Strong -- in Bezman's Maryland, vol. 2, p. 524.
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The sentry of the St. Mary's men fired the signal shot, when "Cap- tain Fuller still expecting, that, then at least, possibly they might give a reason of their 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," continues Mr. Leonard Strong, "the word was given, "In the name of God fall on; God is our strength."' The cry of the St. Mary's men was, "Hey, for St. Mary's." Thus the battle of the Severn began.
The charge was fierce, but brief. "Through the glorious presence of the Lord of hosts," says the same cotemporary author, "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 for 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 Marylanders there escaped only four or five, who ran away out of the army to carry news to their confederates. Capt. Stone, Colonel Price, Capt. Gerrard, Capt. Lewis, Capt. Kendall, (probably Fendall, ) Capt. Guither, Major Chandler, and all the rest of the councellors, officers, and soldiers of the Lord Baltimore, among whom both commanders and soldiers, a great number being Papists, were taken, and so were their vessels, arms, am- munition, provisions, about fifty men slain and wounded. We lost only two men 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."
However much the Puritans attributed the fate of battle to the Al- mighty, after the contest was once over, they laid aside His precepts, and proceeded to close matters after their own will. Doctor Barber, an author of that period, writing in the interests of the St. Mary's men, says: "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 four, and had executed all, had not the incessant petition- ing and begging of some good women saved some, and the soldiers others : the Governor himself being condemned by them and since beg- ged by the soldiers, some being saved just as they were leading to execution."
Those who were executed, were Mr. William Eltonhead, Lieut. Wm. Lewis, Mr. Legget, and John Pedro, a German. Gov. Stone, though his life was spared, was treated with great cruelty, and, whilst in prison, suffering from a severe wound received in the battle, neither his friends nor his wife were allowed to visit him.
A year after this battle, the 23rd of October, 1656, Lord Baltimore sent instructions to his Lieutenant and Council in which he required the people of Anne Arundel to quietly and peacefully submit to his Lordship's Patents as he used and exercised the same there before the troubles began, vizt. in the year 1650, and according to the advice of the said (of Trade) committee, which had decided that Lord Balti- more was entitled to the Government of the province of Maryland.
He added, "His Lordship wills and requires his said Lieutenant and Council that the Law in the said Province instituted, An act concern-
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ing Religion and passed heretofore there with his Lordship's assent, WHEREBY ALL PERSONS WHO PROFESS TO BELIEVE IN JESUS CHRIST have Liberty of Conscience and free exercise of their religion there, be duly observed in the said Province by all the inhabitants thereof, and that the penalties mentioned in the said act be duly put in execution upon any offendors against the same, or any part thereof."*
The Province was restored to Lord Baltimore in March, 1658, he having been deprived of it six years.
CHAPTER X. QUAKERS AND INDIANS DISTURB THE COLONY.
[1658.] Incessant were the disturbances in the colony. When the Puritans and the State were at peace, the Indian and the Quaker ruffled the Province. "At a Council held 23 of Julij, at Annarundell Present, The Governor, The Secretary Col : Nathaniell Vtie." The following proceedings took place :
"This morning was sworne Of his Lordship Councell Mr. Edward Lloyd and from the Councell went to assist the Governor at the County Court.
"After the Court was ended the Councell mett againe and there being then Present The Governor The Secretary Coll : Nathaniell Vtie Mr. Edward Lloyd.
"Toke into consideracon the insolent hehaviour of som people called Quakers who at the Court, in contempt of an order then made & proclaimed, would presumptuously stand Covered, and not only so, but also refused to subscribe the engagement notwithstanding the Act of Assembly in that case provided alleadging they were to be governed by Gods lawe and the light within them & not by mans lawe and vpon full debate finding that this theyr refusall of the engagement was a breach of the Articles of the 24th of March last, and that theyr prin- ciples tended to the destruction of all Government.
"ORDERED
"That all persons whatsoeuer that were resideing within this Pro- vince on 24th of March 1657 should take & subscribe the said engage- ment by the 20th of August next or else depart the Province by the 25th of March followeing vpon paine due to Rebbells & Traitors if found within this Province after the said 25th of March, & that a Proclamacon be forthwith drawne to this effect.
"PROCLAMATION,
"By the Lieutenant & Governor of Maryland.
"Whereas vpon the Surrender of the Government to me his Lord- ship Lieutenant on the 24th of March last past amongst other things it was then agreed that the Oath of fidelity should not be pressed vpon the inhabitants then resideing within this Province but that in place
ยท Archives of Ma yland. Council Proceedings, p. 325.
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and stead thereof an engagement should be taken in Manner and forme as in those Articles (relation vnto them being had) more at large appeareth And whereas by Act of this last Generall Assembly the said Articles are confirmed & the said engagement by a Lawe com- manded to be taken To the end the said Articles may be inviolably ob- served and that all Jealousies and feares be removed These are in the Lord Proprietarys name strictly to charge & Command all persons whatsoever to make theyr repaire to the Clarkes of the respectiue County Courts at or before the 20th day of August next ensueing to make theyr subscriptions to the said engagement or else that they provide themselues to depart this Province by the 25th day of March next and to declare that all persons who shall refuse to subscribe the engagement within the time before limited and shall be found in any part of this Province after the 25th day of March aforesaid shall be proceeded against as Rebbells & Traitors Given vnder my hand this 23rd of July 1658. Josias Fendall.
"At Councell held 25 Julij at Patuxent Present The Governor The Secretary.
"According to the Warrant beareing date 22nd Instant Thomas Thurston was brought before the Governor, & the said Thurston being desirous to depart the Province the Governor Ordered this followeing Warrant to be drawne Whereas Thomas Thurston by himselfe & friends hath desired of me that he may passe vp to Annarundell, from whence he hath ingaged himselfe to depart this Province by Mon- day next being the second day of August, vntill whos departing out of this Province Josias Cole is to remaine as by Order of Court Provided These are therefore in the Lord Proprietarys name to Will & require you not to molest the said Thomas Thurston during the time limited for his stay and so soone as he shall signify to you his intention pres- ently to depart that you sett at liberty the said Josias Cole Provided that if they or either of them shall be found within this Province after the aforesaid second day of August ( vnlesse made vnable to depart by sicknes) they or either of them be apprehended and proceeded against according to lawe in theyr case provided Given Vnder my hand at Pa- tuxent this 25th day of July 1658. Josias Fendall." #
[1665.] In 1665, the Indians again became an element of trouble, and a Council that met at St. Mary's, June 6th, 1665, took "into de- bate some speedy way for the prevention of the Indian Enemyes further incursiones into this province, And how they may be sup- pressed for the future."
In the levy for the various counties, St. Mary's had to raise thirty men and the like number was required of Anne Arundel. Capt. Wil- liam Burges, of Anne Arundel, was put in command of the troop, and he was ordered to raise them by press or otherwise, with sufficient arms and ammunition. He was also made Deputy Commander of all the forces.
The commission and instructions given to Capt. Burges, preserved in the proceedings of the council,t give a curious insight into the state of the colony regarding that still unsolved problem-the Ameri- can Indian.
"THE COMMISSION READS :
"Charles Calvert &c., To Capt. William Burges Greeting Whereas
* Archives of Md. Council Proceedings, p. 353.
+ Archives of Md. Council Proceedings, p. 523.
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HISTORY OF ANNAPOLIS.
Diverse Forraigne Indians have of late Committed diverse murders vpon the people of this Province and Committed diverse other Out- rages for repression of which I have thought fitt to raise a Competent Number of Men Now Know Yee that I reposing especiall confidence in yor fidelity Courage and Experience in Martiall Affaires have Consti- tuted Ordained and Appointed and by these presents doe Constitute Ordaine and appoint yow Commandr in Cheife under mee of all the forces soe raised in St. Mary's, Kent, Charles, Calvert and Anne Arundell Countys against the said Indians to make warre and pursue and by Gods Assistance to Vanquish and Kill and Generally in all things to doe all or any thing or things as any Commandr in Cheife may or of Right Ought to doe according to such Instruccons as I haue herewith sent or shall from time to time send yow Given at St. Mary's undr my hand and Seale this 6th day of June in the 34th yeare of his Lordps Dominion Quer this Prouince Annoq Domini 1665.
Charles Calvert."
The following were the instructions given Capt. Burges :"
"Instructions directed by the Honble the Leiutennt Generall Charles Calvert Esqr &c., To Capt. William Burges and sent wth his Comcon dated 6th day of June 1665.
"Imprimis you are to take Under yor Charge and Comand the Seuerall parties of men raised in St. Mary's, Kent, Charles and Cal- vert Countys as those in Anne Arundell Countys wth which men ac- cording to your Best discrecon and wth the Aduice and Consent of the major part of the Officers comanding in the Seuerall partyes yow are to Endeavour to find out the Indian Enemy in theire Quarters and them by God's Assistance to Vanquish or Otherwise drine Out of this Prouince or Otherwise uppon the place and Emergent Occasions as yow with the Advice and Consent aforesaid shall finde it more Exped- ient and for the safety of the Province in Generall to keepe severall partyes ranging the woods as well to the Head of Patuxent as Patapsco & Bush Riuers or euen up to the Utmost bounds of the Prouince up- pon the Sasquesahanough riuer.
"Secondly yow are to take speciall Care to see yow men want not necessary provisiones for foode nor Armes nor Amunicon and to that end yow are to issue Orders to the Sherriffes or other Officers next to yow in the seuerall Countyes where yow shall chance to come in pur- suite of yor Commission to presse any Armes Ammunicon or Provis- iones Needfull; Who are to keepe exact and true accompts of such thinges so pressed as aforesaid.
"Thirdely yow are to take especiall Care of the People in Patapsco riuer and Gunn Powder River and to that end yow are to keepe a Con- stant Correspondence with yor Colonell Lewis Stockett, whom, when yow shall Chance to meet yow are to Obey in all thinges.
"Fourthly To the end all necessary assistance may be Given to all places in danger yow are to giue notice of all yor proceedings and all intelligence yow shall receive to me twice euery weeke and Oftener if need be, and to presse messengers expressely to bring yor letters to me as also to send yor intelligence to your Collonell as often as need shall be, and Generally yow are to presse Boates men or horses either to Carry Baggage or to March after the Ennemy as yow shall see Oc- casion.
" Archives of Md. Council Proceedings, p. 524.
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"Fifthly Yow are to Associate with any the friendle Indians to any number yow shall finde most Contenient for the service now in hand ; but in yor march or in yor Quarters yow are to take speciall Care that noe English doe Game or wrestle with any Indians so to auoid all Oc- casiones of Quarrell."
. No war followed this preparation of arms, and, in 1666, a treaty of peace was made with a number of Indians, in which the right was conceded to the proprietary to appoint the emperor of the Indians. For nine years the colony enjoyed exemption from Indian warfare.
CHAPTER XI. COLONIAL LIFE.
From 1657 to 1683 there is a lamentable gap in the history of Provi- dence, due, it is believed, to the loss of the State's Records by "the removal of the records and documents of the province from St. Mary's to Annapolis, some of which were greatly damaged," and to "the loss of some by the fire which destroyed the State House in 1704, where they were chiefly deposited."*
The chasm will be filled by extracts from the journals of the General Assembly and records of the Courts, from whose quaint proceedings and curious customs may be gleaned the thoughts, deeds, and charac- ters of the men who laid the foundations of Annapolis.
UPPER HOUSE, Saturday 28th, April, 1666.
[1666.] "Then came a member from the lower house, and desired the governor, t from the the whole lower house, not to discharge Ed- ward 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 follow- ing :
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 consideration or debate.
"Mr. Nicholas Piccard and Mr. Richard Blunt informed the house of certain vulgar and indecent expressions of Erbery concerning the lower house, and that they were ashamed of the place from whence they came.
* Ridgely's Annals of Annapolis, p. 54.
1 Archives of Maryland. Proceedings of Assembly, p. 55.
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HISTORY OF ANNAPOLIS.
"Mr. Richard Hall says, that amongst a great many other extrava- gant words, Erbery said that Charles Calvert was a rogue.
"William Calvert, Esq., saith, how that Erbery, in his hearing, said, we, viz. the assembly, were in company of pitiful rogues and puppies, and there is not one in the country deserves to keep me company but Charles Calvert, who owes me ten thousand pounds of tobacco.
"Mr. Richard Smith informs this morning, when Erbery awaked, the 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 threaten- ing manner, said he would remember those that bound him.
"The abuse that Edward Erbery gave to the lieutenant-general and this assembly last night, being taken into consideration, and upon a full debate thereon, had in this house, they do judge the same to be a scandal to the Lord Proprietor, to his lieutenant-general, and to both houses of assembly, and a great reflection upon the province in gen- eral; and, therefore, unanimously voted by this house, that the said Erbery be brought before this house, to give answer to the above said charge, in relation to those informations now given in against him.
"Ordered by the speaker that Mr. Edward Erbery be brought into the sheriff, &c.'
"And taxed by the speaker of all those words spoken, who making his appearance after the charge being read unto him, he answered that he remembered none of these words that is alleged, 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 spoken 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 drunkenness in such case.
"Whereupon this house do humbly present the consideration thereof to the upper house, that they would please to signify to this house their resentment of the same, and what they shall judge further necessary to be done with the said Erbery as touching the punishment or other- wise for this house's concured therewith.'
"The upper house do order that the said Edward Erbery be tyed to an apple tree before the house of assembly, and be there publickly whipped upon the bare back with thirty-nine lashes, and that the sher- iff 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 sheriff his fees before he departs out of his custody ; and further ordered, that the said Erbery be, after he is whipped, brought into both houses of assembly publickly to ask them forgiveness.
(Signed) JOHN GITTINGS, Clerk."
"UPPER HOUSE, February 17th, 1674.
[1674.] 'Came into this house, a petition of the lower house, as followeth, viz:
"To the honourable Charles Calvert, Esquire, Lieutentant 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,
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"That, whereas John Cowman being arraigned, convicte ), and con- demned upon the statute of the first of King James of England, &c., for witchcraft, conjuration, sorcery, or enchantment used upon the body of Elizabeth Goodall, and now lying under that condemnation, and hath humbly implored and beseeched us, your lordship's petition- ers, to mediate and intercede in his behalf with your excellency for a reprieve and stay of execution.
"Your excellencie's petitioners do therefore, accordingly, in all hum- ble 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 excel- leney's mercy and elemencie upon so wretched and miserable an object. "And your petitioners, as in duty bound, will ever pray, &c.'
'UPPER HOUSE, February 17th.
"The lieutenant-general hath considered of the petition here above, and is willing, upon the request of the lower house, that the con- demned malefactor be reprieved, 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 intoler- ance and prosecutoin which prevailed against all dissenters at that, and down to a latter day, remonstrated against the unjust laws of the province which debarred their testimony or, "affirmation," "and sub- jected 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 appears 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 fol- lows, viz :
"This we do lay before the governour and council assembly, in the wisdom of God, to consider of, from us who in scorn are called, Quakers.
"What we can say and do instead of an oath, it is in 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 com- mand 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 bretheren, 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 unto condemnation. Now, here ye may see, that Christ and apostles sett us yea, yea, and nay, nay, over and above an
1
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HISTORY OF ANNAPOLIS.
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 deciples 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 fore- sworne. And this not repugnant to the laws of England, having the same penalty on the same transgression ; for, in Jamaica, their law is so, that our brethren's testimony upon yea, yea, and nay, nay, as Christ and as the apostles commanded, is taken, and the same in the same in the acts and province laws at Carolina, and the same in the patent and acts at Road 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 brethren have in other places, colonies, or provin- ces, that we may not be put to inconveniences, for you do not know what trouble often many of us are put to, because we cannot swear and take oath, and do lose our rights and that which is due to us from others, and how we have been made 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 be, and also what trouble we have had, who have been overseers or executors, or the like, that have been intrusted with orphans, fatherless, and wid- ows' 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 be- fore 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 falsely ; and this we are willing to suffer, who profess faith in Christ, and would all that profess the same, to exercise a conscience void of offence towards God and men. So you may remove this oppression if you please, and let us have the same liberty that our friends and bretheren have in other countrys and is- lands, as we are creditably informed ; whose hands are hereunto sub- scribed in behalfs of our bretheren.
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