USA > Maryland > Anne Arundel County > Annapolis > The Ancient City.: A History of Annapolis, in Maryland, 1649-1887 > Part 5
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'WENLOCK CHRISTERSON, 'WILLIAM PERRIE,
Jo. HOMEARD, RI. BEARD, &C.
"Ordered by the house, that the petition here above be sent to the lower house, and offered to their consideration.
"This petition was accordingly sent to the lower house, who re- turned it with a message requesting to be informed by his excellency and the upper house, whether, in their opinion, the assembly had the power to alter the form of the oath prescribed by the laws of Eng- land, in point of evidence between the king and his people, &c., in matters depending within the province, or not. To which message, the upper house replied, that they had resolved, that the petition should remain upon the journal till further advice from the Lord Pro- prietary, who declared that he 'formerly had intention of gratifying the desire of the said people, called Quakers, in that kind;' but for some reason not mentioned, his lordship desired 'that all proceedings therein be, for the present, suspended.
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"'THE ANCIENT CITY.""
"This highly respectable and long misunderstood society of chris- tians, were not restored to the rights and privileges. so moderately, but firmly, insisted upon in the foregoing petition, until the year 1702* -when the legislature struck from the statute books this relict of in- tolerance."+
[1671.] On the 28th of March, 1671, when the Upper House had met at "two of the clock in the afternoon." it received "a message from the Lower House which was their desire to know whether the Deputys of Calvert county or the deputys of Anne Arundel county ought to take place. Upon examination whereof this House were of opinion that the Deputys of A ine Arundel ought to have the Prece- dency and sent the honorable, the Secretary to satisfy them in that particular with the Records of their Commission constituting their county Courts. And afterwards this house sent Mr. Brooks and Mr. Trueman to the Lower House for their further satisfaction therein."#
The jurisprudence of a nation and the manner of its application to the causes which arise under it are indices of the moral and mental status of that people.
From yellow and dusty volumes, MISS. preserved among the arch- ives of Maryland, are taken the records of some quaint trials which throw a radiant light upon those curious times.
[1656.] In 1656, the provinc. being under the authority of the commissioners of Cromwell, Judith Catchpole was brought before the Court under a suspiction of having murdered her child. It was "& Generall Provincial court Held at Patuxent, September, 22nd, 1656," which heard the case to determine if she should be indicted. Patux- ent was then the name of Calvert county.
The Court was composed of Capt. Wm. Fuller, Mr. Richard Pres- ton, Mr. Edward Lloyd, Mr. John Scott and Mr. Michael Brooke. Judith denied even the birth of the child, whereupon the court or- dered "a jury of able women to be impanelled and to give in their verdict to the best of their judgement whether she, the said Judith, hath ever had a child, or not."
The following jury was selected : Rose Smith, Mrs. Belcher, Mrs. Chaplin, Mrs. Brooke, Mrs. Battin, Mrs Cannardy, Mrs. Bussey, Mrs. Brooke, Elizabeth Claxton, Elizabeth Potter and Dorothy Day- eleven.
The testimony in the case, as recorded, was :
"James Jolly, sworne examined, saith that being at John Gram- mer's, a weeke before Wm. Bramhall's man died, the said servant of Bramhall said that Judith Catchpole cut a maid's skinn off her throat, and she never felt it, and the said Judith Catchpole sewed the wound up, againe, and further saith not."
"Elizabeth Norton, sworne and examined, saith that Wm. Bram- hall's servant that dyed, saith that Judith Catchpole, Cut the skinn of a maid's throat when she was asleep, and the said maid never felt it, and the said Judith sewed up the wound againe, with a Needle and thread ; and the said servant said, if he should divulge it, it would be worse for him, and further saith not. That Wm. Bramhall's man said that Judith Catchpole and he did grind a knife Dutch fashion, and the said Judith prickt a seaman in the back with it, a: d she
* Act of 1702, chapter 1, section 21.
t Ridgely's Annals.
# Archives of Maryland, Proceedings of Assembly, p. 240.
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HISTORY OF ANNAPOLIS.
begged a little grease of the chirurgeon, and greased his back, and he stood up again ; and the said servant said that Judith was to kill three or four men more and further said not."
"Andrew Wilcox sworne and examined, saith, that Mr. Bramhall's man-servant that dyed said that when the murther was done all the people and scamen in the ship were asleep ; and after it was done Judith Catchpole and the said servant of Wm. Bramhall went up upon the deck, and walked a quarter of an hour, afterward off they Went, each to their Lodging ; this being at Sea in the middle of the night, and further saith not."
We the jury thereupon rendered a verdict "The Jury of women, before named, having according to our charge and oath, searched the body of Judith Catchpole, doe give in our verdict that according to our best judgment, that said Judith Catchpole hath not had any child within the time charged."
The court then gave opinion that, "Whereas, Judith Catchpole, servant to Wm. Darrington, of this Province of Maryland, was appre- hended and brought before the court upon a suspicion of murdering a child in her voyage at sea, bound for this Province in the ship Mary and Francis, who set forth of England upon her intended voyage in, or about October last, 1655, and arrived in this Province in, or about January following, and her accuser being deceased, and no murther appearing, upon her examination, denying the fact ; was ordered that her body should be searcht by a jury of able women, which being done, the said jury returning their verdict to this court that they found, that the said Judith had not had any child within the time, charged, and, also it appearing to this court, by severall testimonies that the party accusing was not in sound mind, whereby it is con- ceived the said Judith Catchpole is not inditable. The Court doth. therefore, order that upon the reasons aforesaid that she, the said Ju- dith Catchpole, be acquitted of that charge unless further evidence appear."
The court records of this decade bear, in several places, the name an individual who seemed to be one of those characters, who furnish food for courts. Peter Godson is the unfortunate Marylander. One of the cases was when Peter was sued for calling a woman a witch. He confessed penitence, and escaped, in a measure, the meshes and penalties of the law.
[1665.] "At a court holden the fifth day of October, 1665," it is recorded that "Peter Godson, being convicted of stealing n bodkin from the wife of John Hambleton, and concealing the same shall ac- cording to the Act of Assembly, restore four fould in silver, which is four shillings and six pence, to the defendent, with the charges of court being four hundred and six pounds of tobacco."
In December of the same year Peter again appears in court. Thos. Ager complained "that he hath paid unto Peter Godson Tobacco for a cure, ihe said Godson undertook to perform on the said Ager, and hath left him worse than he found him. It is ordered," said the Court, "that the sai d Godson pay him his tobacco back againe except he perform his undertaking.
In the succeeding March, the following proceedings in the case were had :
"Whereas, by a former order, Peter Godson was injoyned to make a cure of Thomas Ager or else repay ye tobacco which he had received
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"THE ANCIENT CITY.""
in satisfaction of his cure, and it, appearing to this Court, that the said Godson hath not performed the order, it is now ordered that the said Godson shall repay the said tobacco which is 600th and caske, or else execution."
James Johnson for a misuse of his tongue paid severe penalties. At & court held July 15th, 1647, "the Court being informed of certaine mutinous speeches uttered by James Johnson, about ye 3d of July, viz .; that he should say unto Richard Bennett, after some discourse concerning the Government now established, that he hoped within & . while, to see a confusion of all Papistry here, and further the said James Johnson said that both he, the said Richard Bennett and yt. came up with the late Governor from Virginia, (meaning the soldiers, ) were rogues ; for that they had undone a brave country, for had it not been for them, to witt, the soldiers, they might have enjoyed this country, to themselves, (meaning the late Rebells to his Proprietary, ) and their progency after them. And the said Richard Bennett re- plyed, yt. there were in the Governor's Company as honest men as himself. The said Johnson still persisted in it, saying that they were all rogues and he would justifie it, and, at the same time he, the same James Johnson, urged the said Bennett to go downe, and certifie the Governor of these speeches, saying that if he should complaine to the Governor against him, he regarded it not, for he cared noe more for the Governor, (meaning Mr. Greene, ) then he did for any of the rest. Also, at the same time, speaking concerning Capt. Hill, he wished that Capt. Hill would come, and re-assume the government, affirming that, if Capt. Hill, were come, and yt. he, the said James Johnson could see Capt. John Price, pressing soldiers to resist the said Capt. Hill, and not above two others in his company, he would shott him, (meaning Capt. Price.) All which being proved by the oath of Richard Bennett, the Court judged that he should be fined in 2,000fb tobacco, and to be whipped with thirty lashes. And to remain in the Sheriff's hands, till the Corporall punishment be exequuted, and to put in security for ye payment of the said fine.
"Warrant to the Sheriff to see sentence exequuted to-morrow in the evening."
[1654.] Mrs. Brooks for an amiable piece of gossip among her ac- quaintances, was called to answer "at a court holden for the Province of Maryland, 16th of Oct., 1654."
The first witness Mr. Geo. Newman, testified he "heard Mrs. Brooks relate that she heard Mrs. Goulson had beaten her maid two hour by the clock, AND THERE WERE that would take their oath that it was an hour and a half by the clock."
"Margaret Prichard, aged twentic yeares or thereabouts," deposed, "that this Deponent heard Mrs. Brooks say that Mrs. Goulson had beaten her maid two hours," following that with the significant at- .testation, "by the clock." Unlike the inattentive and poetical New- man, Margaret had not to say that Mrs. Brooke related "there, were that," who could make a certain oath that, and so forth, but she could swear to the person, and give a longer period to Mrs. Goulson's active episode in her household duties. She testified that Mrs. Brooks further said : Elizebeth Tennis would take her oath that it was two hours and a half," but the important "by the clock," was not vouch- safed by this deponent. Elizebeth heard more ; Margaret had fin- ished up with a delicious titbit of gossip respecting the conjugal rela-
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HISTORY OF ANNAPOLIS.
tions of her unmerciful acquaintance. Margaret further continued her deposition by testifying that "Elizabeth Tennis should say" that the exasperated lord of Mrs. Goulson, "tore the hair of his head and wisht that she, the said Mrs. Goulson would kill the self-same maid, that she might never kill more."
This record follows :- "That, whereas, Mrs. Brooks reported that Sarah Goulson unlawfully punished her maid-servant, which cannot be proved. It is ordered that Mrs. Brooks shall pay the charges."
Thus the slanderer received her reward.
[1648.] Its dignity our provincial courts jealously guarded. Swearing" at its sessions was punished, and perjury before it, it would, in no wise, countenance, as is attested by the sentence of one John Gonoore who was found guilty of this latter crime, "att a court held at Henry Morgan's att Kent 22nd Jan'y," sometime about 1648.
Thomas Matthews in behalf of the Lord Proprietary complained "against John Gonoore, that being called to answer upon his oath, not haveing the feare of God afore his eyes, he answered falsely and and against his knowledge, whereby he committed a willfull perjury, wherefore the said Thos. Matthews requireth in the behalf of the said Lord Proprietary, the said Goonore to be brought to condine punishment.
"John Goonore not having anything to say for his defence, more than that it was the first time he ever committed the like offence. The Court adjudged him to be nailed by both ears to the Pillory with nailes in each eare, and the nails to be slitt out, and afterwards to be whipped with 20 good lashes. And this to be exequuted immediately before any other business of Court be proceeded upon."
The following curious trial is found in Liber S. Folios 297 and 298, of the Provincial Court of Maryland :
[1659.] "Whereas John Washington, of Westmoreland county, in Virginia, hath made complaynt against Edward Prescott, merchant, accusing ye said Prescott of felony unto ye Governor of this Province. Alleging how that thee ye said Prescott, hanged a witch in his ship, as hee was outwards bound from England hither ye last yeare. Uppon which complaynt of ye said Washington, ye Governor caused ye said Edward Prescott to bee arrested ; Taking bond for his appearance at this Provinciall Court, of 4,000lbs tobacco. Giving, moreover, notice to ye said Washington, by letter, of his proceedings therein, a copie of which bond, with ye said Washington's answere thereto are as fol- loweth :
"Mr. Washington,
"Uppon your complaynt to me that Mr. Prescott did in his voyage from England hither, cause a woman to bee executed for a witch, I have caused him to bee apprehended uppon suspition of felony, and doe intend to bind him over to ye Provincial Court to answere it ; where I doe allso expect you to bee, to make good your charge. Hee will be called upon his tryall ye 4th on 5th of October next, att ye court to bee held then att Patunent, neare Mrs. FFenwick's house ; where I suppose you will not fayle to bee. Whitnesses examined in Virginia will be of no vallew there in this case, for they must bee face to face with ye party accused, or they stand for nothing. I thought good to acxuaynt with this, that you may not come unpro- vided.
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''THE ANCIENT CITY. "'
"This at present Sr. is all from "Your Friend,
"Josiat Fendell,
"29th September.'
"Humble Sir,
"Yours. of this 29th instant, this day I received. I am sorry, yet my extraordinary occassions will not permit me to be at ye next Pro- vinciall Court to be held in Maryland ye 4 of this next month. Be- cause then, God willing, I intend to get my young sone baptized, all ye company and gossips being all ready invited. Besides in this short time witnesses cannot be got to come over. But if Mr. Prescott be bound to answer at ye next Provinciall Court after this, I shall do what lyeth in my power to get them ouer. Sir, I shall desire you for to acquaint me wheather Mr. Prescott be bound over to try, next Court, and when yr court is, that I may have some time for to provide evidence. And so I rest
"Your Friend & Servant, "John Washington, "30 September 1659."
"To which complaynt of John Washington, ye said Edward Pres- cott, (submitting himself to his tryall, ) denyeth not but that there was one Elizabeth Richardson, hanged in his ship, as he was outward bound ye last year from England, and comming for this Province, near unto ye Western Islands, by his master and company, (he having appointed one John Greene, for ye voyage master, thought himself was both merchants and owner of ye ship, ) but further sayth, that be understood ye proceedings of his said master and company, and protested against in that business. And that there upon both ye master and company were ready to mutiny.
"And it appearing in ye court by ye printed custom house dis- charge, and light house bills or acquittances produced and shewn by ye said Edward Prescott, taken or given in John Greene's name, that ye said Green was master for ye voyage, and not Edward Prescott, and no one coming to prosequnto. Ye said Prescott, therefore prays that hee may be acquitted.
"Edward Prescott, prisoner at ye bar, upon suspition of felony, -stated upon his acquittal. If any person can give evidence against chim, let him come in, for the prisoner otherwise will be acquitted.
."And no one appearing, ye prisoner is acquitted by the Board."
CHAPTER XII. AN INDISCREET P.EPRESENTATIVE FROM ANNE ARUNDEL.
[1662.] The early annals of the province of Maryland preserve, as representatives of Anne Arundel in the General Assembly, the names of many families still to be found within the borders of this interest- ing county. In 1662, Anne Arundel was represented by Robert Burle, Richard Beard, and Ralph Hawkins.
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HISTORY OF ANNAPOLIS.
The former became engaged in a serious difficulty by the indiscreet use of his pen, as will appear by the following extracts from the journal of proceedings of the General Assembly :*
"Wednesday, the 2d of April. Then was taken into consideration a certain paper, endorsed 'To the worshipful, the burgesses for this present Assembly, holden for Maryland. The declaration of several of. the inhabitants of Anne Arundel county, which, as bearing no date, nor being subscribed by any person whosoever, was put to the vote whether it were a libel yea, or no.'
"Voted by the House that it is a libel, containing scandalous and seditious expressions, tending to the utter subversion and overthrow of the legislative power of this province, residing in the Lord Proprie- tary and both houses of Assembly, and, that it be sent to the lower house who are desired to join with this house in the searching out and centuring the author. "Ordered, that Mr. Daniel Jenifer, messer ;er, be sent from this house to the lower house, to present that seditious paper published at Anne Arundel, with the vote of this house for their concurrence."
"Thursday, the 3rd of April.
"Then the Lower House returned the seditious pamphlet sent by the Upper House to them together with the vote of this house, en- dorsed on the back side :
"Assented to by the lower house. William Bretton, clerk.
"And further informed this house that as a member of that house, by name Robert Burle, did acknowledged that paper would reflect upon him, and that therefore the Lower House did desire that that member might be suspended from voting as a member till he had purged himself ..
"Unanimously voted by the Upper House that that person, viz : Robert Burle, should be suspended from sitting till he had purged himself, and that this vote be sent to the said Burle.
"Then came two members of the Lower- House, and said that the Lower House desired that Robert Burle might be forthwith tried. "Ordered, That a conference be desired immediately with the Lower House.
"At a conference the Upper House did satisfy the Lower House,. that Robert Burle is not to be tried by an assembly, but at a Provin- cial Court regularly.
"Friday, the 4th of April.
"Then came Robert Burle and preferred the following petition and acknowledged his hearty sorrow for his faults concerning the mutinous and seditious expressions in the libel contained, which he penned and was published at Anne Arundel
"To the Right Honorable, the Lieutenant General and to the IIon- orable Philip Calvert, Esq., Councellor, and to the Honored Council. "The humble petition of Robert Burle, showeth,
"That whereas your petitioner is adjudged by your. honors and by the Burgesses to have committed great transgression, and that of a high nature, which he hath committed inconsiderately through in- firmity and weakness, for which he declareth himself to be heartily sorry and humbly prayeth your honors to pardon and to pass by his. great offence and conceiving himself to be the first offender since his. * Archives of Md. Proceedings of Assembly, p. 427. 4
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"THE ANCIENT CITY."
Lordship's arrival, humbly prayeth for forgiveness which may be for the Honor of his Lop,t and shall engage your petitioner to better fidelity, loyalty, and faithful obedience, and shall ever engage the pe- titioner to pray for your honor's prosperity.
"Ordered, That the said Burle do forthwith go to the Lower House and ask pardon for his fault, and that the clerk of the Lower House be desired to see his submission recorded in their journal.
"The Lower House sent to desire to know whether Robert Burle might be admitted to sitt with them again.
"The Lieutenant General left it to their discretions."
The exact contents of this paper are not preserved. It is apparent the Lower House concluded to let Mr. Burle remain a member of that body, as his name appears among the list of delegates prefixed to the acts of assembly of the session of 1662.
t Lordship.
CHAPTER XIII. THE COURAGEOUS SPIRIT OF THE MARYLAND SETTLERS.
[1681.] It was not alone in the tented field that that courageous spirit, which has always characterized Marylanders, was evinced by our early settlers, but in every position where manly deeds and noble words were required, the hardy adventurers proved themselves men worthy of the stock from whence they. came.
Over and over again the Legislature of Maryland, the lower house especially, showed a determined opposition to the encroachments of the proprietary upon their just rights and liberties, and evinced that determination in so marked a manner that proprietaries were com- pelled to submit to their imperative demands.
This determination to yield no rights and to urge no unnecessary privileges was strongly portrayed by the proceedings of the Assembly which met in August, 1681. On calling the roll, there appeared twelve vacancies in the lower house. The house thereupon addressed the Lord Proprietary requesting him to appoint some officer, to whom the speaker of their house might direct his warrants, to cause these vacancies to be filled ; until which "they humbly conceived them- selves greatly incapacitated to act and do proportionable to the great trast reposed in them, and sufficiently to consult the grand and weighty affairs of the province." The address also complained about his lordship having called but two members from cach county when four should have been called.
Ilis lordship asked the presence of the lower house. On entering the upper house, the Lord Proprietary said : "That by his proclama- tion, by which they were now called, the law for four delegates is suffi- ciently dissented to, and that otherwise, he would gratify their re-
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HISTORY OF ANNAPOLIS.
quest in issuing out writs for filling up vacancies." The lower house was then requested to unite with the upper house, with their members then present, and to proceed to business.
The lower house refused. Thereupon the Proprietary agreed that writs might be issued for supplying the vacancies for the present, provided the lower house would acknowledge it as a favor from his lordship, and so enter it upon the journals.
Seeing the opportunity by a stroke of policy to secure a principle, the lower house consented to make this entry on their journal, and to agree to the election of two representatives from each county, pro- vided his lordship would consent that in all future vacancies, the speaker should have the right to issue his warrant to the secretary of the province to order elections to fill such vacancies ; otherwise they declared their unanimous resolution, "to stand to, and not to recede trom the substance of their address," and for the right of their speaker to issue his warrant in case of vacancies, and that they had "made all the condescentions they can, without apparent violation of their privileges," and they hoped that the upper house would concur therein. The upper house refused to grant this authority which they thought "aimed at things wholly new and unheard of in this province.""
The lower house answered this by declaring it a "denyal of the just and reasonable proposalls of this house for the future election of deputies, &c.," and passed a unanimous vote, "that it was the un- doubted privilege of this house, that the speaker of this house issue his warrants," &c., and considered it "a very unsafe, ill precedent to proceed any further in the business of the session, and request his lordship to appoint some person to whom said warrants should be directed."
The chancellor thereupon was sent by his lordship to the lower house to acquaint them "that he cannot but wonder how the lower house of assembly assume to themselves a power here that is not only new to us, and unheard of before in this province, but not practiced in Virginia, Barbadoes, or any other of his majesties plantations," &e.
"His majesty hath the sole power to dispose of his conquests upon terms he pleases, &c., and desired to know their positive answer, whether they would join them in the dispatch of business, promising if they would, he would immediately issue writs to fill up the house with four delegates from each county."
The lower house resolved, that if his lordship caused writs to issue as promised, that they would "proceed upon such matters as shall be recommended to them from his lordship." But at the same time, they asserted "their rights and privileges, rather from the rules of England than the imperfect proceedings of the nominated colonies, the first being our inherent right-yea, and birthright, though born in this province.
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