The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 37

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 37

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Wingina, king of the island of Wokoken, 56; his residence, 57; entertains sir Richard Grenville, 60 ; his hostility to the English, 62; attempts to starve the English out of the country, 64.

Wokoken, (afterwards Roanoke island,) an island taken possession of by the ships sent out by sir Walter Raleigh, 55; loss of one of sir Richard Gren- ville's ships in the harbour of, 59 ;- see Roanoke.

Wyatt, sir Francis, on the dissolution of the charters of Virginia, James I. issues a commission to sir Francis Wyatt and others, vesting in them the govern- ment of Virginia, 263.

Wynne, Edward, sent out to Avalon with a small colony by sir George Calvert, 241; lands at Ferryland, ib; his colony is visited by sir George Calvert in person, 242.

Wythe, John, a painter, remains with the colony left at Roanoke by sir Richard Grenville, 61.

Zuinglius, one of the early reformers, 198; his doctrines, ib,

end of

THE

HISTORY OF MARYLAND,

FROM

ITS FIRST SETTLEMENT, IN 1633, TO THE RESTORATION, IN 1660,

WITH

A COPIOUS INTRODUCTION,

AND

NOTES AND ILLUSTRATIONS.

BY JOHN LEEDS BOZMAN.

VOL. II.

BALTIMORE: JAMES LUCAS & E. K. DEAVER. 1837.

Entered according to the Act of Congress, in the year 1837, by James Lucas & E. K. Deaver, in the Clerk's Office of the District Court of Maryland.

Lucas & Deaver, printers.

CONTENTS.

CHAPTER I.

Cecilius, lord Baltimore, prepares for sending out a colony-The Virginians pe- tition against his charter-Decision thereupon against them-Lord Baltimore appoints his brother to conduct the colony-Their arrival in the Chesapeake- Their reception by the Virginians-They explore the Patowmack-The gover- nor fixes upon St. Mary's for the first settlement-Circumstances favorable to them-Proceedings of the colonists after landing-Great harmony between the natives and colonists-Interrupted by Clayborne and his party-The first assembly called and held-Clayborne resorts to open military force-The lord proprietor's instructions relative to grants of lands-Grants of small lots in the town of St. Mary's-The nature of the first form of government of the colony -An ordinance for that purpose-Proclamation in England against emigration -The isle of Kent reduced to lord Baltimore's government-The county of St. Mary's organized-An assembly of the province called-The second as- sembly of the province meet-The assembly take into consideration the laws sent in by the proprietor-The laws sent rejected-Courts of justice meet- Proceedings therein against Clayborne's party-The inhabitants of the isle of Kent refuse to submit-Governor Calvert proceeds with a military force against them-Secretary Lewger authorised to hold the assembly-Act of attainder against William Clayborne-Trial of Thomas Smith, one of Clayborne's men -Inquiry by the assembly into the conduct of captain Cornwallis-Resolu- tion of the assembly relative to servants-The assembly dissolved-The lord proprietor refuses his assent to the laws enacted by the assembly-William Clayborne's petition to the king in council, and order thereupon-The nature of the provincial traffic with the Indians-Their coasting trade-Their trade to Europe-The state of religion among the colonists-The nature of the ad- ministration of justice with them, 23

CHAPTER II.

Lord Baltimore assents to the right of the assembly to originate laws-An as- sembly of the province called-Their proceedings-The constitutional act for establishing the house of assembly-The house sit as a court of justice, and adjudge several cases civil and criminal-The general act, ordaining certain laws for the government, to wit, for securing the rights of holy church-for prescribing an oath of allegiance to his majesty-for securing the rights and prerogatives of the lord proprietary-for securing the rights and liberties of the people-for the better administration of justice and conservation of the peace -Some particular laws for the punishment of crimes-as for treasons, felonies, and enormous offences-Laws for erecting courts of justice-A court of admi- ralty-County courts-Court of Chancery-A pretorial court-The authority and jurisdiction of justices of peace-the particular offences under their cog- nizance-Inferior executive officers-the administration of justice in the isle of Kent more particularly regulated-Oaths of office prescribed-Officers for the

· vi

CONTENTS.

probate of wills and granting administration-Military discipline-Payment of officers, fees and public charges provided for-Derelict property, directions concerning it-A short insolvent law-The planting of tobacco and Indian corn regulated-Weights and measures-Customs or duties on the exportation of tobacco-The constitution of the general assembly more specially provided for-The duration of commissions in case of the death of the lord proprietary -A water mill and a town house, the building of them directed-Other bills of this session not recognised in the general act, as-the act for descending of lands-for assuring of titles to land-for enrolling of grants-Also for people- ing of the province, and for limiting the times of servants, 93

CHAPTER III.

Hostilities with the Indians-Preparations for training the militia-A further di- vision of the county of St. Mary's-Lord Baltimore's right to the royal game of the province-Clayborne's demand of his property within the province- An assembly called-Their proceedings-Remarks on the acts of the session -Judicial powers exercised by the assembly-Animosity of the Indians-Ses- sion of assembly in 1641-Some few acts of assembly therein-The session of 1642-Their proceedings-Religious discontents-The acts passed at the last session-New conditions of plantation-Maryland settlements on the Schuylkill-Attempt in England to revive the old charters of Virginia-The effect of that attempt upon Maryland-War with the Indians-Another session of assembly in 1642-Proceedings therein-Remarks on some of the acts of this last session-Preparations against the Indians, 161

CHAPTER IV.

The new commission for the government-An assembly called and meet-Their proceedings-Debate on the act, "touching passes," or the right of emigration -Exemption of the governor and his servants from militia duty-Debate on the act "providing for officers"-The act "for the support of the government"' -An act for the impressment of vessels, men, &c .- Intercourse with the In- dians regulated-Colonists compelled to take patents for their lands-Perplex- ed state of affairs in the province-governor Calvert returns to England-Ap- points Giles Brent, esq. to be governor in his absence-Exemption from mili- tary duty-Mr. Giles Brent qualifies as governor-Measures to repeal the in- cursions of the Indians-Proceedings of the New Haven settlers on the Del- aware-Instructions from the lord proprietary to governor Brent-Influence of the civil war in England on the affairs of the province-An ordinance of par- liament relative to the colonies-New instructions from the lord proprietary to governor Brent-Embarrassed state of the trade of the province-Ingle's rebel- lion-Hostilities with the Indians-Treaty with the Susquehannocks, proposed by Mr. Lewger-Disagreement of governor Brent thereto-Governor Calvert returns from England with a new commission-Some few variances between the new commission and the former-Perturbed state of the colony-Attempt to call an assembly-Clayborne repossesses himself of the isle of Kent, 233

CHAPTER V.

Captain Hill elected governor, in the absence of governor Calvert-Governor Calvert returns to St. Mary's with a small army-Hill resigns upon terms -- Governor Calvert convenes the assembly before called by Hill-The first in- stance on the records of the province of the distinction between the upper and lower houses of assembly-Proceedings of the assembly-An embargo and martial law proclaimed-The "acts for customs" on imports and exports en-

vii

CONTENTS.

forced-The English ordinance of 1646-7, relative to customs on goods ex- ported to the plantations, and the first English excise law-The isle of Kent submits, and the government thereof is settled-Governor Calvert's death and character-Thomas Greene, esqr., his successor-Mr. Hill renews his claims on the province-Corn (private property, ) pressed, or seized, for the use of the garrison of St. Inigoe's fort-War with the Indians of Nanticoke and Wicom- oco-Cautious proceedings to regulate the return of the disaffected-The ex- portation of corn and horses prohibited-The administratrix of Governor Cal- vert adjudged to be his lordship's attorney in fact, as governor Calvert had been -An assembly called-They meet-Their proceedings-Proclamation of a general pardon-The provincial court adjourned, and proclamation thereof made-Affairs of England having relation to Maryland-Governor Greene re- moved and governor Stone appointed in his stead-Strictures on his commis- sion-A new cath prescribed to the governor-A new commission of the council-Mr. Hatton sent in as secretary-A new great seal-Office of muster-master general instituted-A new commission also for the commander of the ise of Kent-Sixteen laws sent in, with a commission for propounding them to the assembly-New conditions of plantation-Quarrel between gov- ernor Green and the commander of the isle of Kent-Question, as to the right of forfeitures for treason, accruing within a manor-Affairs of the mother country in relation to Maryland-Session of assembly-Remarks on the acts of this session-The act concerning religion-The letter of the assembly to the lord proprietary-His lordship's reply-the first settlement of the Puritans at Providence, now Annapolis-New conditions of plantation, and grants of land-Mr. Greene appointed governor in the absence of governor Stone- Charles, the second, proclaimed king-Governor Stone returns, and convenes the assembly-Their proceedings-The acts of this session-The governor visits Providence, and organizes it into a county called Ann Arundel-The commanders of the isle of Kent and Ann Arundel authorised to grant warrants for land therein-King Charles the second, appoints a new governor of Mary- land-The appointment of Mr. Gibbons, of New England, to be one of the council-An assembly called-The ordinance of parliament of 1650-The col- ony at Providence refuses to send delegates to the assembly-His lordship's message on this subject-Sir William Berkeley's attempt to fix a settlement on Palmer's island-Lord Baltimore's direction for remedying the loss of the re- cords-and for civilizing the Indians-New directions for settling the province -Mr. Mitchell removed from the council-A law against the spreading of false news, proposed by his lordship-Proceedings in England for the " re- ducement" of the colonies-Instructions to commissioners for the reducement of Virginia-The commissioners sail on their expedition-Captain Curtis ar- rives in Virginia, which is reduced-He, with the other commissioners, pro- ceeds to Maryland, which submits, 292

CHAPTER VI.

The state of the province after the "reducement"-The commissioners return to Virginia-The commissioners return to Maryland again-The government re- instated by them in captain Stone-Clayborne's claim to the isle of Kent-A treaty with the Susquehannock Indians-Complaints against Captain Vaughan, as commander of the isle of Kent-Hostilities of the Eastern Shore Indians-

· Grants of lands from lord Baltimore neglected in Anne Arundel and the isle of Kent-A scarcity of corn-Origin of the famous navigation act-Hostilities apprehended from the Western Shore Indians-Affairs of England in relation to Maryland-Proceedings of governor Stone relative to patents for lands and

viii

CONTENTS.

1 issuing of writs-The early contests about the lands on the Delaware-State of the Roman Catholic religion at this time in Maryland-Cromwell proclaim- ed in Maryland as lord protector-Calvert county first erected-Governor Stone revolts, and the province is again "reduced"-The government vested in cap- tain Fuller and a council-An assembly called, which meets-Their proceed- ings-Governor Stone re-assumes his office and powers as governor-organizes a military force-And marches towards the Severn-The battle on the Severn -The estates of the delinquents, (governor Stone's party,) sequestered-Pro- ceedings in England relative to these provincial disputes-Fendall appointed governor-He is arrested and imprisoned by the Puritans-The government of England favourable to lord Baltimore-The agents, Bennett and Mathews, persevere in their opposition to his lordship-Lord Baltimore's instructions to his governor-Lord Baltimore sends his brother Philip Calvert to Maryland- Mr. Barber appointed deputy governor in the absence of governor Fendall- Fendall goes to England-The divided state of the province-Another Puritan assembly is called, and meets-The agreement between lord Baltimore and the agents, Bennett and Mathews-Lord Baltimore's instructions to his go- vernor for the time being-Governor Fendall returns to Maryland-Negotia- tions between the proprietary and Puritan governors for a surrender of the province to the former-The final agreement and surrender in consequence thereof, 444

CHARTER OF MARYLAND.

[As this volume may probably circulate further than the limits of the State of Maryland, and where the reader may not readily have access to a copy of the Charter of that State, as granted to lord Baltimore, it is thought most proper to insert here the translation of it, from the original latin, as it appears in Bacon's Collection of the laws of Maryland, which translation has always been deemed so authentic as nearly to have superseded the use of the original.]

CHARLES,* by the grace of GOD, of England, Scotland, France, and Ireland, KING, Defender of the Faith, &c. To ALL to whom these presents shall come, GREETING.

II. Whereas our well beloved and right trusty subject CECI- LIUS CALVERT, Baron of BALTIMORE, in our kingdom of Ire- land, son and heir of GEORGE CALVERT, knight, late baron of BALTIMORE, in our said kingdom of Ireland, treading in the steps of his father, being animated with a laudable and pious zeal for extending the christian religion, and also the territories of our empire, hath humbly besought leave of us, that he may transport, by his own industry, and expense, a numerous colony of the English nation, to a certain region, herein after described, in a country hitherto uncultivated, in the parts of America, and partly occupied by savages, having no knowledge of the Divine Being, and that all that region, with some certain privileges, and jurisdictions, appertaining unto the wholesome government, and state of his colony and region aforesaid, may by our royal high- ness be given, granted, and confirmed unto him, and his heirs.

III. KNOW YE therefore, that WE, encouraging with our roy- al favour, the pious and noble purpose of the aforesaid barons of BALTIMORE, of our special grace, certain knowledge, and mere motion, have GIVEN, GRANTED, and CONFIRMED, and by this our present CHARTER, for us, our heirs, and successors, do GIVE, GRANT, and CONFIRM, unto the aforesaid CECILIUS, now baron of BALTIMORE, his heirs, and assigns, all that part of the

* Charles the first, of England.

VOL. II .- 2

CHARTER OF MARYLAND.

Peninsula, or Chersonese, lying in the parts of America, between the ocean on the east, and the bay of Chesapeake on the west; divided from the residue thereof by a right line drawn from the promontory, or head-land, called Watkin's Point, situate upon the bay aforesaid, near the river Wighco, on the west, unto the main ocean on the east ; and between that boundary on the south, unto that part of the bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the æquinoctial, where New England is terminated: and all the tract of that land within the metes underwritten, (that is to say,) passing from the said bay, called Delaware bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the river of Pattowmack, thence verging towards the south, unto the far- ther bank of the said river, and following the same on the west J and south, unto a certain place called Cinquack, situate near the mouth of the said river, where it disembogues into the aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place, called Watkin's Point, so that the whole tract of land, divided by the line aforesaid, between the main ocean, and Watkin's Point, unto the promontory called Cape Charles, and every the appendages thereof, may entirely remain excepted for ever to us, our heirs, and successors.

IV. Also We do GRANT, and likewise CONFIRM unto the said baron of BALTIMORE, his heirs, and assigns, all islands and islets within the limits aforesaid, all and singular the islands, and islets, from the eastern shore of the aforesaid region, towards the east, which have been, or shall be formed in the sea, situate within ten marine leagues from the said shore ; with all and sin- gular the ports, harbors, bays, rivers, and straits belonging to the region or islands aforesaid, and all the soil, plains, woods, mountains, marshes, lakes, rivers, bays, and straits, situate, or being within the metes, bounds, and limits aforesaid, with the fishings of every kind of fish, as well of whales, sturgeons, or other royal fish, as of other fish in the sea, bays, straits, or rivers, within the premises, and the fish there taken : and moreover all veins, mines, and quarries, as well opened as hidden, already found, or that shall be found within the region, islands, or limits aforesaid, of gold, silver, gems, and precious stones, and any other whatsoever, whether they be of stones, or metals, or of any other thing, or matter whatsoever : and furthermore the PATRON- AGES and ADVOWSONS of all churches which (with the increas-

CHARTER OF MARYLAND.

ing worship and religion of CHRIST,) within the said region, is- lands, islets, and limits aforesaid, hereafter shall happen to be built; together with licence, and faculty of erecting and found_ ing churches, chapels, and places of worship, in convenient and suitable places, within the premises, and of causing the same to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of ENGLAND ;* With all, and singular, such, and as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and royal rights, and temporal franchises whatsoever, as well by sea as by land, within the re- gion, islands, islets, and limits aforesaid, to be had, exercised, used, and enjoyed, as any bishop of Durham, within the bishop- rick or county palatine of Durham, in our kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of right could, or ought to have, held, use, or enjoy.

V. And WE do by these presents, for us, our heirs and suc- cessors, MAKE, CREATE, and CONSTITUTE HIM, the now baron of BALTIMORE, and his heirs, the TRUE and ABSOLUTE LORDS and PROPRIETARIES of the region aforesaid, and of all other the premises (except the before excepted) saving always the faith and allegiance and sovereign dominion due to us, our heirs, and successors ; to HAVE, HOLD, POSSESS, and ENJOY the afore- said region, islands, islets, and other the premises, unto the aforesaid now baron of BALTIMORE, and to his heirs and as- signs, to the sole and proper behoof and use of him, the now baron of BALTIMORE, his heirs and assigns, for ever. To HOLD of us, our heirs and successors, kings of England, as of our castle of Windsor, in our county of Berks, in free and com- mon SOCCAGE, by fealty only for all services, and not in capite, nor by knight's service, YIELDING therefore unto us, our heirs and successors, TWO INDIAN ARROWS of those parts, to be de-

* It would seem from this and the preceding section, that all that follows from the word " England," of this fourth section above, relates to the whole of the grant, and is not confined to the " patronages and advowsons of churches," as would seem at first from the manner in which it is printed in the translation in Bacon's laws. In the original latin, in the opposite page, (as it is in Bacon's laws,) the word "Cum" is printed with a capital letter, which denotes, that a new sentence was intended to begin there ; and that the sentence "rights, juris- dictions," &c. refers to all that was granted in the third and preceding part of the fourth section. The words,-" as well by sea as by land," &c. confirm this con- struction. I have, therefore, made a semicolon, instead of a comma, (as it is printed in Bacon's laws, ) at the word "England," and altered the small w of the word "with" into a capital W.

CHARTER OF MARYLAND.

livered at the said castle of Windsor, every year, on Tuesday in Easter-week: and also the fifth part of all gold and silver ore, which shall happen from time to time, to be found within the aforesaid limits.

VI. Now, that the aforesaid region, thus by us granted and described, may be eminently distinguished above all other re- gions of that territory, and decorated with more ample titles, KNOW YE, that WE, of our more special grace, certain know- ledge, and mere motion, have thought fit that the said region and islands be erected into a PROVINCE, as out of the plenitude of our royal power and prerogative, WE do, for us, our heirs and successors, ERECT and INCORPORATE the same into a PRO- VINCE, and nominate the same MARYLAND, by which name WE will that it shall from henceforth be called.

VII. And forasmuch as WE have above made and ordained the aforesaid now baron of BALTIMORE, the true LORD and PRO- PRIETARY of the whole PROVINCE aforesaid, KNOW YE therefore further, that WE, for us, our heirs and successors, do grant unto the said now baron, (in whose fidelity, prudence, justice, and provident circumspection of mind, WE repose the greatest confi- dence) and to his heirs, for the good and happy government of the said PROVINCE, free, full, and absolute power, by the tenor of these presents, to ordain, make, and enact LAWS, of what kind soever, according to their sound discretions, whether relat- ing to the public state of the said PROVINCE, or the private utility of individuals, of and with the advice, assent, and ap- probation of the free men of the same PROVINCE, or of the great- er part of them, or of their delegates or deputies, whom WE will shall be called together for the framing of LAWS, when, and as often as need shall require, by the aforesaid now baron of BAL- TIMORE, and his heirs, and in the form which shall seem best to him or them, and the same to publish under the seal of the afore- said now baron of BALTIMORE and his heirs, and duly to exe- cute the same upon all persons, for the time being, within the aforesaid PROVINCE, and the limits thereof, or under his or their government and power, in sailing towards MARYLAND, or thence returning, outward-bound, either to England, or elsewhere, whether to any other part of our, or of any foreign dominions, wheresoever established, by the imposition of fines, imprison- ment, and other punishment whatsoever ; even if it be necessa- ry, and the guilty of the offence require it, by privation of

CHARTER OF MARYLAND.

member, or life, by him the aforesaid now baron of BALTIMORE, and his hiers, or by his or their deputy, lieutenant, judges, jus- tices, magistrates, officers, and ministers, to be constituted and appointed according to the tenor and true intent of these presents, and to constitute and ordian judges, justices, magistrates and officers, of what kind, for what cause, and with what power so- ever, within that land, and the sea of those parts, and in such form as to the said now baron of BALTIMORE, or his heirs, shall seem most fitting : and also to remit, release, pardon, and abol- ish, all crimes and offences whatsoever against such laws, whether before, or after judgment passed; and to do all and sin- gular other things belonging to the completion of justice, and to courts, pretorian judicatories, and tribunals, judicial forms and modes of proceeding, although express mention thereof in these presents be not made ; and, by judges by them delegated, to award process, hold pleas, and determine in those courts, preto- rian judicatories, and tribunals, in all actions, suits, causes, and matters whatsoever, as well criminal as personal, real and mixed, and protorian: Which said laws, so to be published as abovesaid, WE will, enjoin, charge, and command, to be most absolute and firm in law, and to be kept in those parts by all the subjects and liege-men of us, our heirs and successors, so far as they concern them, and to be inviolably observed under the pen- alties therein expressed, or to be expressed. So NEVERTHE- LESS, that the laws aforesaid be consonant to reason, and be not repugnant or contrary, but (so far as conveniently may be) agree- able to the laws, statutes, customs and rights of this our king- dom of England.

VIII. And forasmuch as, in the government of so great a PROVINCE, sudden accidents may frequently happen, to which it will be necessary to apply a remedy, before the freeholders of the said PROVINCE, their delegates, or deputies, can be called together for the framing of laws; neither will it be fit that so great a number of people should immediately on such emergent occasion, be called together, WE, therefore, for the better go- vernment of so great a PROVINCE, do will and ordain, and by these presents, for us, our heirs and successors, do grant unto the said now baron of Baltimore; and his heirs, by themselves, or by their magistrates and officers, thereunto duly to be consti- tuted as aforesaid, may, and can make and constitute fit and wholesome ordinances from time to time, to be kept and observ-

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The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations, Part 37

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

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