USA > Maryland > Anne Arundel County > The founders of Anne Arundel and Howard Counties, Maryland. A genealogical and biographical review from wills, deeds and church records > Part 2
USA > Maryland > Howard County > The founders of Anne Arundel and Howard Counties, Maryland. A genealogical and biographical review from wills, deeds and church records > Part 2
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
HERRING CREEK HUNDRED.
Samuel Chew laid out Herrington.
Thomas Marsh took up lands on the west side of Herring Creek, beginning at Parker's Branch, and running to Selby's Cove; he also held a thousand acres adjoining Richard Bennett, running up the bay. He held a tract adjoining John Norwood, running down the bay, 600 acres more. He gave the name to Marshe's Creek, so dif- ficult to locate in the division of the two counties. Edward Selby held lands on Selby's Cove, adjoining Thomas Marsh. He also ad- joined Thomas Meeres on the west side of South River, next to John Watkins; in all some 1000 acres. William Parker adjoined Thomas Marsh on Herring Creek, and also, Richard Bennett, Samp- son Warring, and Thomas Davis on the bay, holding 1200 acres. William Durand adjoined Edward Selby, running down the bay; John Covell adjoined William Durand; Thomas Emerson adjoined William Parker; Captain Edward Carter, near Herring Creek, ad- joined William Ayers, whose lands were assigned him by Thomas Marsh. Richard Ewen adjoined Richard Bennett and Richard Tal- bott, on Herring Creek. Richard Wells, Chirurgeon, was on the west side of Herring Bay, adjoining Stockett's Creek, holding 600 arces. The three Stockett brothers were on Stockett's Run; they did not come from Virginia. Back on the Patuxent, Colonel Rich- ard Preston held 500 acres, and built a house which still stands; it is the oldest house in Maryland. He was an important man, in both Maryland and Virginia. Commander Robert Brooke, with his body guard of forty, was still below on the Patuxent, holding at first a whole county. Richard Bennett held thousands of acres at Herring Creek, and later as many more upon the Eastern Shore.
From these surveys, running form 100 to 1000 acres, we get a list of the most prominent settlers in 1649-50. The leaders took up land in several sections. The largest land-holders were in the south- ern section, where the soil was remarkably rich.
As soon as these settlers were well-seated, Governor Stone by proclamation, called a legislature in which he used these words: " and for the Puri- to give them particular notice." This referred to the settlers just enumerated; the term "Puritan" was then a reproach, and from policy perhaps, Governor Stone left the word incomplete. About the time for assemblying the legislature, Gover- nor Stone paid a visit to these settlers; he succeeded in getting a representation. Upon his return he made this report: "By the Lieutenant of Maryland, The Freemen of that part of this province now called Providence, being by my appointment duly summoned to this present assembly, did unanimously make choice of Mr. George Puddington and Mr. James Cox for their burgesses, I being there in person at that time." Upon the organization of the assembly, a high compliment was paid to that settlement, in the election of Mr. James Cox speaker of the house. There were fourteen mem- bers, eight of whom were Protestants who threw their influence to
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
Mr. Cox for speaker. The assembly passed an order that the gover- nor issue writs to summon three or four inhabitants of Anne Arundel, to meet him and the council, to consider what is necessary to be added to the levies of this year, besides those already brought in by the committee. An act was passed for fixing surveyors' charges at one pound of tobacco per acre; if above 100 are surveyed, then one-half pound per acre be charged. The expenses for the assembly to be levied from Anne Arundel County, in 1650, were:
To Mr. Puddington and Mr. James Cox,for
37 days, apiece at 50 pounds per day .. . 3,700 pounds Boate, hand and wages . 600 pounds
4,300 pounds
An order was passed providing for a march upon the Indians for murdering an English inhabitant in Anne Arundel-to press men to make war. The charge of such war to be laid by an equal assessment on the person and estate of the inhabitants of the prov- ince. An order was passed for a levy of half a bushel of corn per poll upon every freeman in Anne Arundel, to be disposed of by the governor as he shall see fit. During that session, was passed an act for erecting Providence into a county by the name of Anne Arundel. This was the first and almost only legislative provision for erecting any county in the province. It's name was in honor of Lady Anne Arundel, daughter of Lord Arundel, of Wardour, wife of Cecilius Lord Baltimore. Induced by the murder of some English in that section, an act was passed prohibiting Indians from coming into the new county of Anne Arundel. The last important act of the session of 1650, was the oath of fidelity to Lord Baltimore.
The Protestants were in the majority in the assembly, yet they joined Governor Stone in his declaration setting forth that they enjoyed fitting freedom of conscience in Lord Baltimore's province. This act was signed by speaker Cox, George Puddington and even by William Durand, the Virginia elder who attested Leonard Strong's pamphlet. This Protestant assembly enacted that an oath of fidel- ity should be taken. John Langford recorded the following: "No one was banished under that law for refusing to take it." Up to this period it was evident that a judicial administration of gov- ermental affairs had, to a certain extent, conciliated the cautious non-conformist element, which had looked with suspicion upon the oath of fidelity
Let us now look at the government to which these people had just come. Cecilius Calvert, the second Lord Baltimore, held by charter rights, a territory with almost unrestricted privileges. All office, title, honor were in his hands; head of the church, of the mili- tary, executive and judicial powers, he could control all legislative acts. Yet the charter granted him secured to the people of Mary- land "all the privileges, franchises and liberties" which other Eng- lish subjects enjoyed.
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
Granted by a king who held to "the divine right"; modeled after the established institutions of an absolute monarch, William, the Norman, the charter of Maryland, though giving a long list of sovereign rights which made the lord proprietor absolute in his do- main, contained three words above quoted, which, viewed under the light of the Magna Charta and the English Bill of Rights, were des- tined to put the people in control of the province even upon the Charta basis.
The ruling motive of the more influential settlers in Maryland, was a desire for greater political and religious liberty.
Others of the more restless nature were attracted by the easy and favorable terms on which land was offered.
Both classes were opposed to the extensive sovereign rights granted the lord proprietary, and were only brought into subjection by concessions to prevent uprisings. Back of these storm signals serious trouble had already threatened the proprietary of Maryland. William Clayborne, of a distinguished English family, a man of marked ability, had made a prior claim to the very territory over which Cecilius Calvert was now lord. Further than this, a war was at hand in the mother country between the king and parliament.
There were, in Maryland, influential settlers ready then to take the side of parliament; and when, at last, the parliamentary forces were victorious, and King Charles had been sacrificed in the triumph of popular rights over "divine right," the contest was to be fought out in the province of Maryland.
Parliament had declared it to be treason for any one to acknowl- edge Charles, the son, king, yet in the face of that declaration, Governor Green, acting for Governor Stone, had already acknow- ledged Charles, the Second, "the rightful heir of all his father's dominions." This unfortunate proclamation, not intended by the Lord Proprietary, gave much trouble in Maryland, ending finally in its reduction.
LEGISLATURE OF 1651.
Governor Stone called an assembly in 1651; to this the people of Anne Arundel sent no delegates. News had reached them that Parliament had, in 1650, passed an ordinance for the reduction of Lord Baltimore's province. Instead of sending delegates to the assembly of 1651, Commander Lloyd sent a message explaining the reason for not answering the call. That message, when forwarded to Lord Baltimore in England, gave offence.
Though not a matter of record, its tenor may be seen in the following proclamation of Lord Baltimore.
"To Governor Wm. Stone, and the Upper and Lower Houses, and all the other officers and inhabitants of the Province:
Greeting :- We can but much wonder at a message which we understand has lately been sent by one Mr. Lloyd from some lately seated at Anne Arundel, to our general assembly at St. Maries, in
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
March last; but are unwilling to impute either to the sender or deliverer thereof, so malign a sense of ingratitude as it may seem to bear, conceiving rather that it proceeded from some apprehen- sion in them at that time grounded upon some reports of a dissolu- tion or resignation of our patent and right to that province, which might, perhaps, for the present, make them doubtful what to do till they had more certain intelligence thereof." Thus in a very temperate, conciliatory spirit, he continued to review the necessity for all settlers to conform to the rules and usages already estab- lished, urging that a government, divided in itself, must needs bring confusion and misery upon all. "If such divisions continue, which God forbid, then we must use our authority to compel all factious spirits to a better compliance with the lawful government; requiring you, our said lieutenant, to proceed against such disturbers, and, if continued after admunition, then to be declared enemies to the public peace.
" And, whereas, we understand that in the late rebellion of 1644, most of the records of that province being then lost, or embezzled, no enrollment remains now of divers patents of land formerly granted by us, we therefore require you to issue a proclamation requiring all persons within a certain time therein fixed, to produce to our surveyor-general, or his deputy, all such patents by which they claim land in our province; and to require our secretary to give you a list of all such patents now on record, and to require all such persons as claim land to cause them to be enrolled in our secretary's office within some convenient time, to be limited by you. And, whereas, by the third article of our last "Conditions of Plantation," dated 1649, there is allowed one hundred acres to every adventurer, or planter, for every person of British or Irish descent, transported · thither, we understand that it may be prejudicial to the general good of the colony, in case so great allowance shall be long continued, causing the people to be too remote from each other; inasmuch as a few persons may take up large tracts, leaving but little opportu- nity for others to come, therefore, we proclaim that, after the 20th day of June, 1652, only fifty acres shall be assigned, instead of one hundred acres.
"The proportionate rents and oath of fidelity to stand as already expressed, in 1650." Dated 1651.
Following that proclamation, Governor Stone issued his call for all settlers to come forward and demand grants. As the returns from Commander Lloyd, of Anne Arundel, and Robert Vaughan, of Kent Island, were both unsatisfactory, their commissions to issue land grants were revoked.
The year 1651 ended without much change in the condition of the settlers. Parliament, however, had determined to take in hand the struggling provinces of Virginia and Maryland. Commissioners were appointed to take control. Virginia readily acquiesced and soon after, in 1652, the Virginia commissioners came to Maryland to subdue it.
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
Mr. John Langford states, "that Richard Bennett, who was active in procuring preachers from Boston for the Puritans of Vir- ginia, was one of those, who, when driven out of Virginia, came and settled in Providence." Bennett, however, still retained his residence in Virginia when appointed one of the commissioners for the reduction of Maryland. In his proclamation he proposed, "that the settlers should all remain in their places, but only conform to the laws of the commonwealth of England, and not infringe the Lord Baltimore's just rights. That all the inhabitants, including the governor and council, should subscribe the test called 'the engagement.' "
Governor Stone and the rest of the officers readily assented to a portion of the requirements, but having refused to accept the proposition "that all writs should be issued in the name of 'The Keepers of the Liberty of England,' "commissioners Bennett and Claiborne demanded Stone's commission from Lord Baltimore. This they detained, and dismissing him, appointed other officers. Issuing their proclamation that all writs, warrants and other pro- cesses be made in the name of the Keepers of the Liberty of Eng- land, by authority of parliament, they named the following commis- sioners, one or more of whom should sign them, viz: Robert Brooke, Colonel Francis Yardley, Mr. Job. Chandler, Captain Edmund Winder, Colonel Richard Preston and Lieutenant Richard Banks. These were authorized to take in hand the government of the province. The acts of Governor Stone and his council were declared null and void.
All the records were then ordered to be placed into the hands of the above council, at Richard Preston's, where the proceedings were to be held.
Lord Baltimore's power was thus quietly obliterated. The commissioners returned to Virginia, where Bennett became gover- nor, and Claiborne, secretary of state.
Robert Brooke was now head of the province. He was not one of the Virginia settlers, but came with his household of forty persons direct from England, bearing in his pocket the following grant from the proprietor, then in London.
"We appoint him, the said Robert Brooke, to be commander under us, and our lieutenant of our whole county, to be newly set forth next adjoining the place he shall so settle and plant in, giving him all the perquisites of a county commander, with power to ap- point six or more inhabitants to advise with him."
The county thus set off was the present county of Calvert, but then named Charles County.
The location of Robert Brooke, was first at "Dela Brooke," but still later at "Brooke Place," upon Battle Creek, about forty miles from the mouth of the Patuxent. Two years from his land- ing he, too, was acting with opposing settlers. Governor Bennett and Secretary Claiborne, of Virginia, soon returned to Maryland to watch the progress of their revolution. Knowing that Governor
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
Stone was popular with the people, they sought him and offered the office of governor, which Stone accepted under certain conditions.
Thomas Hatton, his late secretary, was also accepted, who, with Robert Brooke, Captain John Price, Job. Chandler, Colonel Francis Yardley, Colonel Richard Preston, were declared the gover- nor's council. Colonel Claiborne renewed his claim to Kent Island. Governor Stone next issued a commission to Captain William Fuller, purporting to be in the name of "The Keepers of the Liberty of England," as commander-in-chief under him of all forces for a speedy march against the Eastern Shore Indians, giving him full power to levy forces in Anne Arundel County. The people of Anne Arundel were not in favor of going against the Eastern Shore Indians. Their reasons were given in Commander Fuller's letter to Governor Stone. "Sir, I find the inhabitants of these parts wholly disaffected, not to the thing, but the time of year, on account of a want of vessels and the frozen waters."
In 1652, Governor Stone issued his proclamation that inform- ation from Captain William Fuller of the want of soldiers, apparel and the unseasonable time induced him to relinquish the move- ment and discharge the forces raised." In the meantime, an im- portant treaty was that year made "at the River of Severn" with the Susquehannock Indians, by which Richard Bennett, Edward Lloyd, Thomas Marsh, William Fuller and Leonard Strong, com- missioners upon the part of the English settlers, had secured all the land lying on the west side of the Chesapeak Bay, from the Patuxent River unto Palmer's Island, which island was recorded as belonging to William Claiborne, along with the Isle of Kent. That treaty was pointedly indicative that the two chief owners of the land of the Province, were by those commissioners, considered to be the Susquehannock Indians, and Captain William Claiborne, of Virginia. This treaty was made under the big popular on College Green. These men preferred to secure their rights and protection by means of a treaty rather than through the hazards of war.
This act showed wisdom in an age when might generally secured right. That treaty also shows the cause of their delay in taking up grants from the proprietary. They were already seated upon lands which their Commander Edward Lloyd, had been authorized to have surveyed for them. The claim to the province was known to be in dispute. Parliament was in control in England, and they were more in sympathy with the parliamentary leaders than with the faith and requirements of the proprietary. They saw the coming conflict and awaited its results, believing that the final issues would be more favorable to them.
These are the unwritten reasons that actuated the settlers of Anne Arundel. Whether they were right or wrong, the history of succeeding events showed that their judgment was well founded, for even though the proprietary held his patent under Cromwell, his son and successor was destined to lose it, by rebellions still more active.
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
We come now to a clash of arms for the mastery of contending claims. Leonard Strong, the settler's historian, and John Langford, the historian of Lord Baltimore, in their respective publications, give us some contemporary records of that contest. Strong's pam- phlet was "Babylon's Fall", and Langford's was " A Refutation of Babylon's Fall."
Strong declared that John Langford, and not Governor Stone, had invited them to come. "They were received and protected, but an oath to Lord Baltimore was urged upon them soon after their coming up from Virginia, which, if they did not take, they must have no land or abiding place in the Province." This was the oath of fidelity attached to the "Conditions of Plantation," issued by the proprietary in 1648. Strong further adds, "That they must swear to uphold that government and those officers who were sworn to countenance and uphold the Roman Catholic Church."
John Langford in answer wrote, in 1655: "That there was nothing promised by my lord or Captain Stone to them, but what was performed. They were first acquainted by Captain Stone be- fore they came there, with that oath of fidelity, which was to be taken by those who would have any land there from his lordship. That the terms were well known, and they were not forced to come or stay. He denied that the oath "was to uphold the Roman Catholic Church," but urged that the officers were Protestants, and that the oath of fidelity bound no man to maintain any other juris- diction of my lord's than what is granted in the patent. He boldly charged Mr. Strong's people with a desire "to exercise more absolute dominion than my Lord Baltimore ever did. Not content to enjoy, as they did, freedom of conscience for themselves, they were anxious for the liberty to debar others from like freedom."
The next witnesses are the settlers themselves, under their own names, in 1653, in formal and dignified appeal, as follows:
PETITIONS TO THE COMMISSIONERS OF THE COMMONWEALTH 1653.
To Hon. Richard Bennett and Colonel Wm. Claiborne, Esqs., Commissioners of the Commonwealth of England, from Virginia and Maryland." It was styled, "The Humble Petition of the Commissioners and Inhabitants of Severne, alias Anne Arundel County, Showwith," and reads: "That, whereas, we were invited and encouraged by Captain Stone, the Lord Baltimore's Governor of Maryland, to remove ourselves and estates into the province, with promise of enjoying the liberty of conscience in matter of religion, and all other privileges of English subjects. And your petitioners did, upon this ground, with great cost, labor and danger, remove ourselves, and have been at great charges in building and clearing. Now the Lord Baltimore imposeth an oath upon us by proclamation, which, if we do not take in three months, all of our lands are to be seized, for his lordship's use. This oath, we con-
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
ceive not agreeable to the terms on which we came hither. We have complained of this grievance to the late Hon. Council of State, which never received an answer, such as might clear the lawlessness of such, but an aspersion cast upon us of being factious fellows. In consideration whereof, we humbly tend to our condition intreating your honors to relieve us according to the power, wherewith you are intrusted by the Commonwealth of England. Severn River, Jan- uary 3rd, 1663."
This petition was signed by Edward Lloyd, and seventy-seven others of the house-keepers, freemen, and inhabitants of the Severn.
The people of North Patuxent sent a similar petition, dated March the 1st, 1653, signed by Richard Preston and sixty others. On March the 12th, 1653, Bennett and Claiborne returned an answer, encouraging the petitioners of the Severn and Patuxent, "to continue in your due obedience to the Commonwealth of Eng- land and not to be drawn aside by any pretense of power from Lord Baltimore's agents, or any other, whatsoever to the contrary."
PROCLAMATION OF 1653.
Governor Stone, in 1653, issued his final call for taking up lands under the conditions of plantations, as then existing.
In that proclamation, in the face of his promise to the Parlia- mentary Commissioners, he declared that the oath of fidelity and writs "must be in the proprietor's name." During that year the Little Parliament had surrendered its powers to Cromwell, the Pro- tector. Governor Stone issued his proclamation in compliance with the change. The next strike at the settlers of Anne Arundel was in 1654, when Robert Brooke, the commander of Charles County, because of his support of them, was deprived of his command by the erection of Calvert County out of the territory of Charles County. This change was intended to cripple the power of Robert Brooke, the commander. Governor Stone next charged the settlers of Anne Arundel with drawing away the people, and leading them into faction, rebellion, and sedition against Lord Baltimore.
This charge caused Bennett and Claiborne to return to Mary- land, to look after Governor Stone. They claimed to come under authority of the Lord Protector. But Leonard Strong, even, did not state that they bore an order from Cromwell, and Mr. Langford denied that they had any authority from the Protector. They, however, went before Governor Stone and his Council, who return- ing uncivil answers, called together his men, to surprise said Com- missioners. The latter "in a quiet and peaceable manner, with some people of Patuxent and Severn, went over on the Calvert side of the Patuxent, and then proceeded into St. Mary's, meeting no op- position. There Captain Stone sent a message that he would treat with them in the woods; fearful of the coming of a party from Vir- ginia, Stone condescended to lay down his power, and submit again to such a government as the commissioners should appoint under
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FOUNDERS OF ANNE ARUNDEL AND HOWARD COUNTIES.
the authority of the protector." On July 22nd, 1654, the commis- sioners, then at Patuxent, issued this order: "For the public admin- istration of justice, Captain William Fuller, Mr. Richard Preston, Mr. William Durand, Mr. Edward Lloyd, Captain John Smith, Mr. Leonard Strong, Mr. John Lawson, Mr. John Hatch, Mr. Richard Wells and Mr. Richard Ewen-with the first three of the Quorum. They were empowered to call an assembly at the Patuxent, the home of Colonel Preston, but all who bore arms, against parliament, or were of the Roman Catholic faith, were to be deprived of vote. William Durand was made Secretary of State, and Mr. Thomas Hatton was ordered to deliver to him the papers of his office.
The assembly met at Patuxent, October 20th, 1654, and sat as one house. Colonel Richard Preston was made speaker; Thomas Hatten and Job. Chandler, delegates from St. Mary's, refused to sit because they had taken an oath to Lord Baltimore. They were taxed with the necessary expense to elect their successors. It was then declared that "henceforth all power in this province is held by the protector and parliament." Further, "that no Catholic can be protected in his faith, but be restrained from the exercise thereof."
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