USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 115
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Dated at Saint Mary's the 29th day of March, 1652.
[Taken from the book in the council chamber, entitled, "Council Proceedings from 1636 to 1657," p. 267.]
NOTE (LXXXII.) p. 448.
"By the Commissioners of the Council of State for the Commonwealth of England.
Whereas the government of this province was for that present until further time and opportunity of consideration left in the hands of Robert Brooke, esqr., and some others, as by an order or proclamation of the commissioners of the parliament and council of state for the commonwealth of England, dated at St. Mary's the 29th of March last, appeareth, referring the further settlement there- of to an assembly appointed to be held the 24th day of this month, and whereas it appeareth that captain William Stone esqr. governor and Mr. Thomas Hatton secretary of this province were then left out upon some misapprehension or mis- understanding as they alledge in that particular of issuing out writs and all other process whatsoever in the name of the keepers of the liberties of England by authority of parliament, and forasmuch as the foresaid captain William Stone esqr., at the motion and request of the foresaid commissioners and the desire of the inhabitants is content to reassume his former place of governor here and to act according to the foresaid order or proclamation and according to his former power, reserving and saving to himself as also to the aforesaid Mr. Thomas Hat- ton, Robert Brooke, esqr., and captain John Price their oaths made to the lord Baltimore lord proprietor of this province until the pleasure of the state of Eng- land be further known, it is therefore ordered by the aforesaid commissioners with the advice and consent of the council and others the inhabitants, that capt. William Stone esqr., be the governor and Mr. Thomas Hatton, Robert Brooke, esqr., captain John Price, Mr. Job Chandler, colo. Francis Yardley, and Mr. Richard Preston be of the council for this province, who are to govern, order, and direct the affairs thereof in all matters according to the former power and the order or proclamation aforesaid, and to hold courts for the better administra- tion of justice as often as they shall think fit until further orders of England therein, and in the mean time all persons whatsoever are required and command- ed to take notice thereof and to conform thereunto accordingly, and since the government is so settled as is known to be to the good liking of the inhabitants it is conceived for that and several other reasons that there is no absolute neces- sity of a general assembly at present .- Given under our hands at St. Mary's the 28th day of June, 1652.
RICHARD BENNETT, WILLIAM CLAYBORNE."
[Taken from the book entitled, "Council Proceedings from 1636 to 1657," p. 269.]
NOTE (LXXXIII.) p. 453. "The peace with the Sasquehanagh Indians, made anno. 1652.
"Articles of peace and friendship treated and agreed upon the 5th day of July, 1652, between the English nation in the province of Maryland on the one party, And the Indian nation of Sasquesahanogh on the other partie, as followeth :
1. First, that the English nation shall have, hould, and enjoy to them their heires and assigns for ever, all the land lying from Patuxent river unto Palmer's island on the westerne side of the baye of Chesepiake, and from Choptank river
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to the north east branch which lyes to the northward of Elke river on the east- ern side of the said bay with all the islands, rivers, creeks, -* fish, fowle, deer, elke, and whatsoever else to the same belonging, excepting the isle of Kent and Palmer's island which belongs to captain Clayborne, But nevertheless it shall be lawful for the aforesaid English or Indians to build a howse or ffort for trade or any such like use or occasion at any tyme upon Palmer's island.
2dly. That if any damage or injury be done on either side at any tyme here- after, either by the English or Indians aforesaid, or by any other allies, confede- rates, tributaries, or servants, that reparation be made and satisfaction given from each other from tyme to tyme as the case requires, and as in reason should be done betweene those that are friends and that desire soe to continue.
3dly. That if any the people or servants belonging to the English or to the Indians shall goe away or run away from either side, they shall not be concealed or kept away from each other, But shall with all convenient speede be returned back and brought home, And satisfaction to be made in a reasonable way for transportation by land or water to those that bring them in.
4thly. That upon any occasion of business to the English, or any messadge or the like, the Indians shall come by water and not by land, That there shall not be above eight or ten at the most at one tyme, And that they bring with them the token given them by the English for that purpose, by which they may be known and entertained, As also that the English on their partes, when they send to the Indians, the messenger shall carry the token which wee have receiv- ed from them.
5thly. And lastly, that these articles and every particular of them shall be really and inviolably observed, kept, and performed by the two nations, before named, and by all the people belonging to them, or that are in amity with them, for ever to the end of the world, And that all former injuries being buried and forgotten from henceforward they doe promise and agree to walke together and carry one towards another in all things as friends, and to assist one another ac- cordingly, But if it soe happen at any tyme hereafter that either party is weary of the peace and intends war then that the same shall be signified and made knowne each to other by sending in and delivering up this writting before any act of hostility or enmity be done or attempted, and that twenty days warning thereof be given beforehand.
These several articles were solemnly and mutually debated and concluded at the river of Severne in the province of Maryland by Richard Bennett esquire, Mr. Edward Lloyde, capn. William Ffuller, Mr. Thomas Marsh, and Mr. Leon- ard Strong commissioners authorized and appointed by the governor and coun- cell of the aforesaid province, And by Sawahegeh treasurer, Auroghtaregh, Scarhuhadigh, Ruthchogah, and Nathheldianeh warr captaines and councillors of Sasquehanogh commissioners appointed and sent for that purpose by the na- tion and state of Sasquehanagh, And were fully ratified, done, and confirmed by several presents, guifts, and tokens of friendship mutually given, received, and accepted on both sides. In witness whereof the aforesaid commissioners in be- half of the aforesaid nation have hereunto sett their hands and seales the day and yeare above written.
Ri. Bennett-Edw. Lloyd-Tho, Marsh
Will Fuller-Leo. Strong.
Locus X Sigilli.
The mark of V Sawahegeh
The mark of
Auroghtaregh.
* A word not legible in the record,
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The mark of
Scarhuhadigh.
The mark of
Ruthchogah
The mark of ' Nathheldianeh.
William Lawson
Locus
X Sigilli
Jafer Peter-for the Sweades governor
Witness's
[Taken from "Council Proceedings, Lib. HH," p. 62.]
NOTE (LXXXIV.) p. 506.
"August 8th, 1654.
Commission for the administration of justice in the province of Maryland now reduced and settled under the obedience of the commonwealth of England in the name of his highness the lord protector of England, Scotland, Ireland and all the dominions thereto belonging .- Given by the honourable Richard Ben- net, esqr., and colo. William Claiborne commissioners for his highness to the reducing and settling the plantations of Virginia and Maryland under the obe- dience aforesaid.
Whereas by several orders drawn up and published at St. Mary's the 29th of March and the 28th of June, 1652, the province of Maryland was reduced and settled under the authority and obedience of the commonwealth of England as to the government thereof by special order and command of the council of state by commission from the parliament, and was left in the hands of captain William Stone, Mr. Thomas Hatton, and others, who are required to issue out all writs and other process in the name of the keepers of the liberty of England accord- ing to the express words of the commission and instructions for reducing settling and governing of all the plantations in the bay of Chesapeake to the obedience of the commonwealth of England as in and by the aforesaid orders or proclama- tions may and doth appear, and whereas the aforesaid captain William Stone by special order from the said lord Baltimore (as it appeareth) was persuaded and induced to go away from his obligation and the trust reposed in him by issuing forth writs and all other process in the name of the lord proprietary of this pro- vince placing and displacing those of the council, and imposing an oath upon the inhabitants contrary to and inconsistent with their engagement and oath to the commonwealth of England upon the penalty and forfeiture of the lands of all such as should refuse to take the same within three months after publication thereof which were then to be entered and seized upon for his lordship's use thereby occasioning great discontent and disturbance among the inhabitants be- sides the irregularity and cruelty of the said proceedings and the opposition and rebellion therein to the commonwealth of England and his highness the lord protector, and further whereas by a late proclamation dated the 4th of this month published in the said province both the commissioners and the people (who ad- hered to their engagement to the commonwealth of England and refused to own or acknowledge any other name or authority as to government or to take any other oath but what they had already taken to that power) were charged that they drew away the people and led them into faction sedition and rebellion against the lord Baltimore, whereby not only the lands houses and plantations of many hundreds of people but also their estates and lives were liable to be taken away at the pleasure of the aforesaid lord Baltimore and his officers, by all which unjust and unreasonable proceedings the people were put upon a neces-
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sity of standing upon their own defence for the vindication of their just rights and liberties and freeing themselves from those great oppressions whereby the whole province was very much threatened and apparently endangered, for the prevention whereof as also for the relief of those that were so deeply distressed and for the settlement of the province in peace and in their due obedience under his highness, the said commissioners by authority derived to them from his high- ness the lord protector applied themselves to capt. William Stone the governor and the council of Maryland, according to a declaration of the 15th of this month herewith published, who returning only opprobrious and uncivil language pre- sently mustered his whole power of men and soldiers in arms intending to sur- prise the said commissioners and (as could be imagined) to destroy all those that have refused the said unlawful oath and only kept themselves in their due obedience to the commonwealth of England under which they were reduced and settled by the parliament's authority and commission, then the said commission- ers in quiet and peaceable manner with some of the people of Patuxent and Sev- ern went over the river of Patuxent and there at length received a message from the said captain Stone that the next day he would meet and treat in the woods, and thereupon being in some fear of a party to come from Virginia he conde- scended to lay down his power lately assumed from the lord Baltimore and to submit (as he had once before done) to such government as the commissioners should appoint under his highness the lord protector.
It is therefore ordered and declared by the aforesaid commissioners that for the conservation of the peace and publick administration of justice within the aforesaid province of Maryland captain William Fuller, Mr. Richard Preston, Mr. William Durand Mr. Edward Lloyd captain John Smith Mr. Leonard Strong Mr. -* Lawson Mr. John Hatch Mr. Richard Wells and Mr. Richard Ewen or any four of them whereof captain William Fuller Mr. Richard Preston or Mr. William Durand to be always one to be commissioners for the well ordering directing and governing the affairs of Maryland under his highness the lord pro- tector of England Scotland Ireland and the dominions thereof and in his name only and no other and to proceed therein as near as may be to the laws of Eng- land to appoint and hold courts for the administration of justice and right in such places and at such times as they shall think meet and necessary and any of the commissioners of the quorum to issue out writs warrants and subpænas as, &c.,t as also that they summon an assembly to begin on the 20th day of October next for which assembly all such shall be disabled to give any vote or to be elected members thereof as have borne arıns in war against the parliament or do profess the Roman Catholic religion, and the said Mr. William Durand is hereby appointed to be secretary to the said commissioners and to receive the records from Mr. Thomas Hatton, and captain John Smith to be sheriff for the ensuing year .- Dated at Patuxent river in the province of Maryland the 22d day of July, 1654.
Recordum Verum. Teste RICHARD BENNET, - Wm. Durand Secr. WM. CLAIBORNE.
Sir,-You are hereby required to deliver the records of this province and all the papers concerning the same unto Mr. William Durand or whom he shall ap- point to receive them from you. July 22d, 1654.
RICHARD BENNET, WM. CLAIBORNE."
To Mr. Thomas Hatton-these.
[Taken from "Council Proceedings from 1636 to 1657," p. 306 to 310.]
* This blank so in the record, but from other documents it appears to have been meant for Mr John Lawson.
¡So in the record.
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NOTES AND ILLUSTRATIONS.
NOTE (LXXXV.) p. 529.
The coppy of a letter intended for his Highnesse.
"May it please your Highnesse :
" Having formerly had the honour to relate to your highness not only in your army, but also as a domestick servant, I humbly thought it my duty to give your highness a true relation of the late disaster of this countrey, which although it bee not a place any way considerable or worth your highness trouble, yet when I consider the great care and pains your highness hath formerly taken both below yourselfe, and almost incredible to those that have not been eye-witnesses of them, for the true setling of government, and avoyding the needless shedding of blood, it gives encouragement to my pen, and assures me that the score upon which I write, will obtain a pardon of your highness for my presumption, it being humbly and in the name of that great God, (whom I know had not your highness feared would never have so palpably helpt your highness in your greatest necessity, and fought your battels,) to beg a boon which will I doubt not, absolutely end the needless shedding of blood in this part of the world, in regard now both parties pretend to fight for your highness : My lord, my humble petition to your highness is, that your highness would be pleased graciously to condescend so low as to settle the country, so as wee may heere understand the absolute pleasure and determinate will of your highness therein, the disobeyers of which cannot after your highnesse's known pleasure but in a moment perish, and the rest live secure and happie. My lord I am an absolute stranger heere as yet having not beene a month in the countrie, in which time this unfortunate action fell out, so much the sadder, in regard of the common enemie the Indian who ever takes advantage by our intestine troubles being both cruel and potent, and therefore I hope will be a motive to further the charitable condescending of your highnesse for settling the country. My lord having had a very tedious passage being necessitated to stay above two months in Bermudas and above one month in Virginia, so that I was above halfe a year from the time that I came out of England to my arrivall in Maryland, at which arival I found the country in a great disturbance, the governour captain Stone being ready to march with his army (which heere is considerable if it consist of 200 men) against a partie of men at a place called ANNE-ARUNDEL who the yeer before (pretending a power from your highnesse as also that your highnesse had taken the lord Balte- more's country from him) bred a great disturbance in the countrey and withall tooke away the governour's commission from him, which governour being since informed by a gentleman by name Mr. Eltonhead (one that came out of Eng- land two or three months after me) that the lord Baltemore kept his patent, and that your highnesse had neither taken the lord Baltemore's patent from him nor his land, hee thought hee might act by the contents of his former commission from the lord Baltemore and accordingly went up to reduce those people to the lord Baltemore's government, but still under your highness command, as formerly under the king's, having heer in the country before I came first solemnly pro- claymed your highness, as also in all proclamations and public edicts ending with God preserve the lord protector, and the lord proprietary. Now going up to reduce these people if possible by fair meanes, a declaration to which purpose the governour desiring me to bear him company the march, I got leave to carry to them, in the end of which the governour did protest, as in the presence of Almighty God, that he came not in a hostile way to do them any hurt, but sought all meanes possible to reclaime them by faire means ; and to my knowledge at the sending out of parties (as occasion served) he gave strict command, that if they met any of the Anne-Arundell men they should not fire the first gun, nor upon paine of death plunder any : these were his actings to my knowledge upon the march ; but coming nearer to them, there was a ship a merchantman called
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the Golden Lion, one Hemans commander, and as appears, hired by them, having since received his reward of them, who seeing the governour land his men under the command of his ship, shot at them as they landed over night, and the next morning continuing his course (as I am credibly informed) kild one of the go- vernour's men, and so began the war which after fell out, for the Anne-Arundell men comming suddenly upon them on the one side, and the Golden Lyon being on the other side, they being in a neck of land invirond round with water except one little place by which the Anne-Arundell men came in upon them, where after a skirmish the governour upon quarter given him and all his company in the field, yielded to be taken prisoners, but two or three dayes after the victors condemned ten to death, and executed fowre, and had executed all had not the incessant petitioning and begging of some good women sav'd some, and the souldiers others ; the governour himselfe being condemned by them and since begd by the souldiers, some being saved just as they were leading out to execu- tion, and since fall a sequestring their estates, and taking away what they have as if they were meere malignants, and had fought directly against your high- nesse, in which I cannot but speake my conscience, knowing that at their first setting out the generall cry was that they went to reduce the country and bring it under the obedience of your highnesse and the lord proprietary, as also the governour who protested to mee before he went out, that had he not been very credibly informed that your highnesse had not taken away the lord Baltemore's patent, nor his land, as the Anne-Arundell men pretended, he would not stirre in the businesse. My lord, the reason why I take upon mee to give your highnesse an account of this action is nothing but out of my duty to your highnesse to give a true and impartiall account of the proceedings heare, in regard they still keepe the governour and most of the councell prisoners, as also all the chiefe officers till all the shipping is already gone out of the country except one, and till that is gone I heare for certain none of them shall be releast, by which meanes they are not only debar'd from comming for England (as some desired to answer for what they had done before your highnesse and were denied it) but are likewise hin- dred from writing their grievances, as not being suffered to write to their own wives, but their letters are broke open, so that I cannot but thinke my selfe bound in conscience to declare the truth, as also to remaine so long as I possesse a being in this world,
My Lord,
Maryland this 13 of April, 1655."
your highnesse most obedient and ever Loyal subject L. BARBER.""
" For the Right Honourable the Lord Baltemore, these present.
Right Honourable :
I am sorry at present for to let your honour understand of our sad condition in- your province. So it is, that my husband, with the rest of your councell, went about a month agone with a party of men up to Anne-Arundell county, to bring those factious people to obedience under your government. My husband sent Dr. Barber with one Mr. Coursey with a message to them, but they never re- turned againe before the fight began. Also he sent one Mr. Packer the day. after, with a message, and he likewise never returned, as I heard : but so it is,. that upon Sunday the 25. of March, they did ingage with the people of Anne- Arundell, and lost the field, and not above five of our men escaped ; which I did conceive ranne away before the fight was ended : the rest all taken, some killed and wounded ; my husband hath received a wound in his shoulder, but I heare it is upon the mending. My husband, I am confident, did not thinke that they would have engaged, but it did proove too true to all our great damages ; They, as I heare, being better provided than my husband did expect ; for they hired:
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the captain of the Golden Lion, a great ship of burden, the captain's name is Roger Hemans, a young man, and his brother, who have beene great sticklers in the businesse as I hear, captaine Heman was one of their councell of war, and by his consent would have had all the prisoners hanged ; but after quarter given, they tried all your councellors by a councell of warre, and sentence was passed upon my husband to be shot to death, but was after saved by the enemies owne souldiers, and so the rest of the councellors were saved by the petitions of the women, with some other friends which they found there ; onely Master William Eltonhead was shot to death, whose death I much lament, being shot in cold bloud ; and also lieutenant William Lewis, with one Mr. Leggat, and a Germane, which did live with Mr. Eltonhead, which by all relations that ever I did heare of, the like barbarous act was never done amongst christians. They have se- questred my husband's estate, only they say they will allow a maintenance for me and my children, which I doe beleeve will bee but small. They keep my husband, with the rest of the councell, and all other officers, still prisoners : I am very suddenly, God willing, bound up to see my husband, they will not so much as suffer him to write a letter unto mee, but they will have the perusall of what hee writes. Captain Tylman and his mate Master Cook are very honest men, and doe stand up much for your honour ; they will inform you of more passages than I can remember at the present; And I hope my brother will be downe before captain Tylman goes away, and will write to you more at large ; for he is bound up this day for to see his brother, if they doe not detain him there as well as the rest; the occasion I conceive of their detainment there is, because they should not goe home, to informe your honour of the truth of the businesse before they make their owne tale in England, which let them doe their worst, which I do not question but you will vindicate my husband's honour which hath ventured life and estate to keep your due heere, which by force hee hath lost. And they give out words, that they have won the country by the sword, and by it they will keepe the same, let my lord protector send in what writing hee pleaseth. The gunner's mate of Hemans, since his comming down from Anne-Arundel to Patuxent, hath boasted that he shot the first man that was shot of our party. All this I write is very true, which I thought good to informe your lordship, because they will not suffer my husband for to write himselfe: I hope your honour will be pleased for to looke upon my sonne, and for to wish him for to be of good comfort, and not for to take our afflictions to heart. And nothing else at present, I rest your honours most humble
Servant, VIRLINDA STONE.
1 Postscript .- I hope your honour will favour me so much, that if my sonne wants twenty or thirty pounds you will let him have it, and it shall be payd your honour againe.
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