The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 120

Author: Bozman, John Leeds, 1757-1823
Publication date: 1837
Publisher: Baltimore : J. Lucas & E.K. Deaver
Number of Pages: 1062


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 120


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Embargo, proclaimed by governor Calvert in consequence of the hostile state of the island of Kent, 299; terms of the embargo, 300; renewed for one month, ib; note.


Enrollment of grants, an act for the, passed at the session of the assembly of 1638-9, 158; tenor of this act, ib.


Evelyn, captain George, governor Calvert grants a commission to, authorising him to put in force the civil authority of the lord proprietary on Kent island, 43 ; tenor of the commission, 44; is invested by his commission as governor of the island, with power to hold a court leet for the trial of civil cases only, 88; a subsequent commission grants to the governor of the isle of Kent the power of trying certain criminal cases, 89.


Excise law, the first English excise law passed at the parliament of 1646-7, 301; its bearing on the colonies, 302 ;- see Ordinance, note LVI., appendix.


Fees, officers' fees and public charges, provision made for the payment of, by an act of 1638-9, 145.


Felonies defined, and punishment for them prescribed by the early assemblies, 121; benefit of clergy allowed to certain felonies, 123.


Fendall, captain Josias, is appointed governor by the lord proprietary, 534 ;- see his commission, note LXXXVII., appendix; supposed reasons for this appoint- ment, 535; he is arrested for certain rebellious proceedings, and brought be- fore the provincial court, ib; action of the court in relation to him, 536; go- vernor Fendall goes to England, and Mr. Barber is appointed deputy gover- nor, 546 ; governor Fendall returns to the province, bringing with him lord Baltimore's agreement with the agents of the commissioners for reducing the colonies, a new seal, and instructions for the government of the province, 558 ; he informs captain Fuller of his arrival, and requests an interview with him, 558 ; they meet at Leonard's creek, 559; negotiations between them, 560 ; the articles of agreement finally ratified between them, ib; tenor of these articles, 560, 561, 562 ; the government of the province is formally resigned to the lord proprietary, by captain Fuller and his council, 562.


Fenwick, Cuthbert, commission issued to, authorising him to seize all vessels illicitly trading with the Indians, 115; is appointed commissioner of the county of St. Mary's, in place of Mr. Lewger, deposed by governor Brent, 230 ; his corn taken for the use of the fort at St. Inigoes, 309 ; is returned as a burgess in the place of Mr. Mathews, who had been expelled the assembly, 389 ; his reception by the house, ib.


Fleet, captain Henry, is found by Leonard Calvert on his arrival in the Chesa- peake, living among the Indians on the Piscattaway, 28; he goes with gover- nor Calvert, 29; commission issued to, to proceed to Piscattaway, and nego- tiate a treaty with the Susquehanock Indians, 276; instructions concerning the same, 277 ; conditions to be demanded by him, ib; his supposed failure to conclude a treaty, 279.


Fugitives, act against, passed at the assembly of 1641, 185 ; tenor of the act, ib; re-enacted by the assembly of 1642, 204.


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INDEX.


Foreigners, prohibited by an act of the assembly of 1650, from hunting in the province, 397 ; cause of this prohibition, ib.


Forfeitures, question as to the right of lords of manors, to forfeitures for treason, by tenants of the manors, decided by the provincial court, 345.


Fuller, captain William, appointed by the governor and council to command a march against the Eastern Shore Indians, 457; a commission issued to him, 458 ; his letter to the governor, requesting him to postpone the expedition, which is done, 461; he is appointed to the head of the council by the commis- sioners for the reduction of the colonies, after the second reduction of the province, 505; message sent by him to governor Stone, on hearing of his having seized the records of the province, 518; the answer of governor Stone to the same, 519 ; another message is sent by him to governor Stone, while he is marching against the inhabitants of Ann Arundel, 520; governor Stone seizes the messengers, and returns no answer, ib; collects his forces and meets governor Stone near Annapolis, 525; a battle is fought between the two ar- mies, ib; its results, ib ;- see note LXXXVIII., appendix; issues an order to sequester the estates of those who had opposed them in the late conflict, 529 ; convenes the assembly, 549 ; their proceedings, 549 to 552; has an interview with governor Fendall, after his return from England, 559; they enter into articles of agreement, 560, &c .; tenor of these articles, 560, &c .; he surren- ders the government of the province to the lord proprietary, 562.


Game, lord Baltimore claims a right to the royal game of the province, 168; the same right claimed by the state, ib.


Gerard, Thomas, is fined by the assembly of 1642, on petition of the Protestants in the colony, for interfering with their worship, 200; is appointed one of the council by the commission sent out by governor Calvert, 285 ; special writ issued to him, calling him to the assembly, 286.


Genalls, John, commission and instructions issued to Mark Pheypo and John Genalls, authorising them to go to the isle of Kent, to enquire concerning the proceedings of William Clayborne, 287.


Gibbons, Edward, a New England Puritan, appointed one of the council by the lord proprietary, 411 ; his history, ib; he settles in Maryland, 412.


Goods, uncertain, an act passed at the assembly of 1640, vesting in the lord pro- prietary a right to all personal property unclaimed, 174.


Government, an act passed at the assembly of 1640, to provide against sudden accidents to the government, such as the decease of the lord proprietary, 175; re-enacted at the assembly of 1642, 245; expenses of the government provid- ed for by a poll tax, 549.


Greene, Thomas, is appointed one of the council by the commission brought out by governor Calvert, 285; special writ issued to him, calling him to the as- sembly, 286 ; is appointed governor by governor Calvert, during his last ill- ness, 307; his answer to the threats and demands of captain Hill, the former go- vernor, 308 ;- see Correspondence between sir William Berkeley, Mr. Green and Mr. Hill, note LVII., appendix; refuses the demand of Mrs. Margaret Brent, to two votes in the assembly-one for herself, and another as the attorney of governor Calvert, 323 ; her protest is entered against all the acts of the present assembly, ib; the governor enters his protest against that of the members, 324; proclaims a general pardon to all the colonists except Richard Ingle, 327 ;- see proclamation, note LX., appendix; adjourns the provincial court, ib; causes of this adjournment, ib; is succeeded in his office by governor Stone, 332; causes of the appointment of governor Stone, 233 ; is first named in the new council, 337 ; quarrel between governor Greene and Mr. Vaughan, com- mander of the isle of Kent, 343; the governor deposes Mr. Vaughan, but af- terwards reinstates him, 344; he is appointed governor by governor Stone,


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INDEX.


during his absence, in Virginia, 377; issues a proclamation, declaring Charles Steuart to be the true king of England, 380; proclaims a general pardon to all the inhabitants of the province, ib ;- see Proclamations, note LXXIV., ap- pendix; notice taken by him of the expulsion of Mr. Thomas Matthews from the assembly, 387.


Harvey, sir John, governor of Virginia, visits the settlement at St. Mary's, 30 ; issues his proclamation, prohibiting the inhabitants of Virginia from trading with the Indians in Maryland, except by license from the lord proprietary, 73; see proclamation, appendix, note XIII.


Hatton, Thomas, sends out new commissions to the governor, and other officers by, 237; is appointed secretary of the province, and one of the council, ib,- see his commission of secretary, note LXIV., appendix; is removed from his office, and his commission declared null and void by the commissioners ap- pointed to reduce the colonies, 443.


Hawley, Jerome, one of the council of governor Calvert, 49.


Heamans, captain, of the ship "Golden Lyon," assists the forces of captain Ful- ler against governor Stone, and makes the first attack on the latter, 522.


Hervey, Nicholas, a commission is issued to, authorising him to make war upon the Maquantequats, 164; tenor of the commission, 165.


Hill, captain Edward, is made governor by the council, during the absence of governor Calvert, in Virginia, 293; preamble to governor Hill's commission, ib; calls a meeting of the assembly, which meets and adjourns, 296 ; resigns his office on the return of governor Calvert, ib; applies to sir William Berke- ley to assist him in his demands on the government, 308 ; the answer of go- vernor Greene to his demand, ib ;- see correspondence between sir William Berkeley, governor Greene and Mr. Hill, note LVII., appendix.


Horses, the exportation of, from the colony, prohibited, 313.


Holland, an impost granted to the lord proprietary on all tobacco shipped to, 362.


Hundreds, division of St. Mary's county into, 97 ; further division of St. Mary's county into hundreds, and appointment of officers for the same, 167.


Indians, speech of the chief of the Patuxent Indians to Leonard Calvert, 31; the governor of Virginia issues his proclamation, prohibiting the Virginians from trading with the Indians in Maryland, unless licensed by the lord proprietary, 73 ; nature of the trade carried on by the colonists with them, 76; their fond- ness for glass beads induces the Virginians to commence the manufacture of that article, 77; shells and other articles used by them for currency, ib; im- portance of the traffic with the Indians supposed to be so great, that agents were authorised by the provincial government, to seize vessels and persons trading without license, 78 ; the colonists prohibited by law from purchasing their lands, 113; an act for trade with the Indians, passed at an early session of the assembly, being first rejected, but subsequently passed, ib; the gover- nor issues a commission, authorising certain persons to arrest all persons found trading with the Indians, 114 ;- see note XXIV., appendix; hostilities between the Indians and the colonists, 161; the Susquehanocks commence hostilities against the colonists, ib; cause of their hostility, ib; a commission is issued, authorising Nicholas Hervey to make war against the Maquantequats, 165; the friendship of the Patuxent Indians towards the colony, 165; are taken under the protection of the colony, ib; the hostility of the Indians seems to have become permanent, 182 ; proclamation of the governor in relation to the hostility of the Indians, 183; a bill providing for an expedition against the Indians, introduced into, but not passed by the assembly of 1642, 197; orders proclaimed against the Indians on account of their increased hostility, 213; commission issued to Mr. Rigby, authorising him to repair to the Patuxents


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INDEX.


and demand some Indians who had been committing depredations on the colo- nists, ib; he appears to have been unsuccessful, 220; further preparations against the Indians, 228; the situation of the Virginia colony in relation to the Indians, ib; governor Calvert solicits the military aid of Virginia, ib; letter written by him to the governor of Virginia, 229, 230 ; the colonists continue their preparations against the Indians, 230; a proclamation is issued by the governor, declaring the "Sesquehanowes, Wicomeses, and Nanticoque" In- dians, enemies of the province, 232; the governor issues his proclamation to regulate the intercourse of the colonists with the Indians, 247; the proclama- tion, ib; the governor proposes to send an expedition against the Indians, 248 ; his proclamation in relation to the same, 249; he concludes a treaty with the Nanticokes, 249 ; his proclamation in relation thereto, ib; measures taken by governor Brent to repel the invasions of the Indians, 256; commissions issued by governor Brent to captain Cornwaleys, authorising him to proceed against the Indians, 256, 257 ; the governor and council determine to erect a fort on Palmer's island, 259; they obtain fire arms, 273; the Patuxents are taken under the protection of the government, 274; further preparations made by the colonists against the hostilities of the Indians, 286; an expedition under the command of captain John Price, sent against the Wicomick and Nanticoke Indians, 310 ; an act passed at the assembly of 1649, relating to purchases of land from the Indians, 356; tenor of this act, 357; an act passed by the same assembly, making it felony to entice, or entrap, &c., or sell any friend Indian, 358; they are prohibited, by an act of the assembly, from entering the coun- ties of Kent or Ann Arundel, without giving notice, 394 ; tenor of this act, ib; the assembly orders a march against them, 395; act ordering the march, 396 ; the assembly pass an act to regulate the trade with them, ib; provisions of this act, 397; endeavours of the lord proprietary to civilize the Indians, 421; cer- tain persons are authorised by the governor and council to conclude a treaty with the Susquehanocks, 450 ; a treaty is concluded with them, 451; tenor of the treaty, ib ;- see this treaty, note LXXXIII., appendix; the inhabitants of the isle of Kent petition the governor and council to take measures to prevent the increased depredations and hostilities of the Eastern Shore Indians, 455; they order a march against them, 456 ; in consequence of inclement weather, this march is postponed, 461; hostilities apprehended from the Western Shore Indians, 466 ; spies are sent among them, 467.


Impressment, an act passed at the assembly of 1642, authorising the impressment of vessels, men, &c., for the use of the colony, 245.


Ingle, Richard, his rebellion against the government of the province, 270; pro- clamation against him, 271 ; he is arrested for high treason, ib; he escapes, 272; joins Clayborne in his successful attempt to depose governor Calvert, 290; excepted out of the proclamation of general pardon to all the co- lonists, 327 ;- see proclamation, note LX., appendix; is excepted from the benefits of the act of oblivion, passed by the assembly of 1650, 406.


Insolvent law, the first insolvent law passed by the assembly of the province, 147; debts for wine and hot waters not to be satisfied until all others are paid, 147.


Inspection of tobacco, the first inspection law of the state, passed at the assem- bly of 1640, under the title of "an act touching tobaccoes," 176 ;- see an abridgment of this act, note XL., appendix.


Ireland, the condition of, about the year 1641, supposed to have some influence upon the affairs of the province, 191; insurrection of the Catholics in Ireland, and massacre of the Protestants, ib; causes and intents of this insurrection, . 192.


Justice, nature of the administration of, in the early settlement of the colony,


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INDEX.


86; further progress of the administration of justice, 90 to 92; the adminis- tration of justice regulated by enactments made at an early session of the As- sembly, 117; nature of these enactments, 118; laws passed at an early session of the Assembly for the punishment of particular crimes, 120 to 127; treason defined and its punishment prescribed, 120; what crimes shall be considered felonies and their punishment, 121 ; benefit of clergy allowed to certain crimes by act of Assembly, 123; the Assembly define enormous offences by enact- ment, 126 ; see act, note XXVI., appendix, an act passed by the Assembly of the same session to erect a Court of Chancery, 131; tenor of the act, ib; an act passed at the same session to create Justices of their Peace, and determine the offences over which they should have jurisdiction, 134; provisions of the act, 135 to 139; see act, note XXX., appendix ; the administration of justice in the isle of Kent regulated by enactments made at the same session, 139; provisions of the enactments, ib; mode of recovering debts prescribed by an act of the same Assembly, 141; an act vesting certain powers in Judges, passed at the Assembly of 1642, 221 ; an act for the rule of Judicature, passed at the same session, 222; an act for providing for officers, passed at the same session, 223, re-enactment of a former act touching judicature, at the Assem- bly of 1647, 299.


Justices of the Peace, an act passed at the Assembly of 1638-9, to establish Justices of the Peace, and determine the offences of which they should have cognizance, 134; provisions of the act, 135 to 139; see act, note XXX., ap- pendix.


Kent Island, interview between William Clayborne and Governor Calvert in relation to the settlements made by the former on the island, 27; Governor Calvert issues a commission to Capt. George Evelyn, authorising him to put in force the civil anthority of the lord-proprietary on the island, 43; tenor of the commission, 44; the inhabitants refuse to submit, 62; Governor Calvert re- solves to proceed against them in person with an armed force, ib ; writ issued by the Governor to the deputies of Kent island requiring their attendance at a meeting of the Assembly, 96; the commander of the isle of Kent invested with full judicial powers, in cases not affecting life or member, by an act of one of the early sessions of the Assembly, 117; provision made for the admin- istration of Justice in the isle of Kent, by an enactment of the Assembly, of 1638-9, 139 ; by this bill the island was erected into a hundred, and a court, called the hundred court of Kent, established, 140 ; Giles Brent appointed commander of the island of Kent, 166; grant of land made to him on the island, ib ; hostility of the Indians towards the inhabitants of the isle of Kent, 182, 183; the governor authorises the inhabitants to use martial law against them, 183 ; Giles Brent appointed commander of the County of Kent, and au- thorised in the same appointment to hold a county court, 246 ; persons sent to the island to inquire into the doings of William Clayborne, who had repos- sessed himself of the island and resorted to open military violence, 287 ; cap- tain William Brainthwayte appointed commander of the island, 288; expe- dition supposed to have been sent about this time to subdue the island of Kent, 290 ; Governor Calvert determines to reduce the isle of Kent, 303; the island submits and the government of it is settled, ib ; he grants a general pardon to. all the inhabitants of the island, ib ; appoints Robert Vaughan Commander, &c. 304; arrangement for the administration of justice, ib; Vaughan is autho .. rised to seize the goods of those persons who had fled from the island in order to compel their appearance, 305; Governor Calvert appoints a muster master general for the province, 338; Robert Vaughan is appointed commander, by a commission from the lord proprietary in England, 339; sends laws to the As- sembly for their adoption, 340; ordains new conditions of plantation for the col-


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INDEX.


ony, 341 ; their tenor, 342; see conditions of plantation, note LXIX., appendix; Mr. Vaughan is deposed from the office of commander by governor Greene, but is afterwards reinstated, 344; changes made in the judiciary of the island by governor Greene, 344; the Indians are prohibited from entering Kent county without giving notice, 394; tenor of the act of Assembly prohibiting them, ib; the commanders of the isle of Kent and Ann Arundel authorized to grant land warrants, 409; the isle of Kent remains subordinate to the provincial government, 449; complaints made by the inhabitants to the governor and council against the administration of captain Vaughan, 453 ; their complaints referred to several persons for examination, 454: the inhabitants petition the governor and council to take some measures against the depredations and hos- tilities of the Eastern Shore Indians, 455; they order a march against the In- dians, 456; in consequence of the inclement weather this march is post- poned, 461; the commander of the isle of Kent is ordered by governor Stone to issue writs in the name of the lord proprietary, 477.


Land, an act for the assuring of titles to, passed at the session of the Assembly, of 1638-9, 138 : see note XXXVII., appendix ; an act for enrolling deeds in relation to, passed at the same session, ib ; tenor of this act, 158; an act con- cerning taking up land, passed at the Assembly of 1642, 228; the colonists are compelled to take out patents for their land, 250 ; an act passed at the Assembly of 1648, relating to purchases of lands from the Indians,356; pro- clamations made by governor Stone relating to grants of land, 374; new con- ditions of plantation and grants of land ordained by the lord proprietary, 375; their tenor, ib; the commanders of the isle of Kent and Ann Arundel autho- rised to grant warrants for land, 409; they abuse this privilege by making grants without causing them to be recorded, 461; they are deprived of their authority to make grants of land by governor Stone, 463 ; proceedings of go- vernor Stone in relation to land patents and writs, 474 ; his proclamation re- lating thereto, ib; an act concerning rights to land passed at the session of 1654, 514; tenor of the act, 515.


Lamberton, Mr., agent of the United[English colonies, treatment experienced by him from the Swedes 'and Dutch on the Delaware, 262.


Langford, John, is appointed one of the council by the commission brought out by Governor Calvert, 285.


Laws, regulations relative to the passage of, in the early house of Assembly, 104. Legislature of the province, see Assembly.


Lewger, John, is sent out by the lord proprietary with his brother to assist him in the discharge of the duties pertaining to his office, 46 ; he is appointed con- servator of the peace in the county of St. Marys, ib; takes a seat in the As- sembly as one of the council to the governor, 49; he acts as secretary to the province, 51 ; see note; is continued in his offices of Secretary and Councillor under the new commission, 236; during the absence of the governor he pro- poses to enter into a treaty with the Susquehanock Indians, 275; issues a com- mission to captain Henry Fleete for that purpose, 276; instructions to Capt. Fleete, 277; conditions of the treaty to be demanded by him 277; governor Brent takes offence at this exercise of power, 280; entry on the records of the colony in relation to these proceedings, ib; he deposes Mr. Lewger from his office of secretary and deprives him of all his offices, ib; is reappointed secre- tary and also made one of the council, by the commissions sent out by go- vernor Calvert, 285; is superseded by the appointment of Mr. Hatton as se- cretary, 333.


Levy, county, first meeting of the inhabitants of St. Mary's county to lay a county levy, 328 ; see records of this meeting, note LXI., appendix.


Literature, deficiency of, among the early colonists of Maryland, 99.


VOL. I .- 91


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INDEX.


Lloyd, Mr. Edward, is appointed commander of Ann Arundel county by gover- nor Stone, 407; his commission 408; his message to the Assembly in relation to the sending of delegates, 415; the answer of the lord proprietary, 416; his conduct in relation to grants of land, 461; he is deprived of his authority to make grants, 463; he is appointed one of the council by the commissioners, after a second reduction of the province, 505.


Manors, lords of, committing treason, to be punished by beheading, 121; appa- rent intention of lord Baltimore to create an hereditary aristocracy in the per- sons of the lords of manors, 121, 152 ; question as to the right of the lords of manors to forfeitures for treason by tenants of the manor, decided in the pro- vincial court, 345.


Maryland, charter of, 9 to 21; settlement of, by a colony under the charge of Leonard Calvert, 30; tobacco made the medium of currency in the province, by an act of the Assembly, 78; the nature of the administration of justice in the province, 86; the governor vested with the entire judicial power, but re- quired to consult his councillors, ib; further progress of the administration of justice in the province, 90 to 92.


Matthews, Thomas, a burgess in the Assembly of 1650, refuses to take the oath prescribed by the Assembly, 386; his reasons for refusing, ib; he is expelled the house, 387; notice taken of his expulsion by Mr. Greene in the upper house, and their proceedings thereon, 388 ..


Maquantequats, commission issued to Nicholas Hervey authorising him to make war against the, 164; tenor of the commission, 165.


Military discipline of the province provided for in an act of the Assembly of 1638-9, 145; see act, note XXXIII., appendix.


Militia, preparations made for training the, caused by the hostile attitude of the Indians, 162; orders of the governor and council directing these preparations, ib.


Mitchell, William, agrees with the lord proprietary in England to transport to the colony a certain number of persons, and receives a grant of a manor in the province, 425; he is appointed one of the council ab; his disorderly be- haviour in the colony, and removal from the council, 426.




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