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 53
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121
The proviso, in the first of these two last mentioned bills, which was intended to secure to the lord proprietary his right of "disassent" to the laws, although the assent of his lieutenant general should have been previously given to them, seems to us at this day a principle, which must have been inconvenient to, if not inconsistent with, the good government of the province. Had the lord proprietary resided within the province, perhaps little inconvenience would have resulted from it. But that laws should have been suspended, as it were, over the heads of the inhabitants of the province, until his lordship's will, three thou- sand miles distant, could be obtained, does not comport with
VOL. II .- 20
154
HISTORY OF MARYLAND."
CHAP. II. the pure administration of a free government. His lordship 1639. should, either have resided within the province or considered himself as bound by the assent of his lieutenant. It is proba- ble, however, that this right of "disassent" was one of the " rights and prerogatives" secured to the lord proprietary by the third section of the act of this session, as before mentioned.
The last of the bills just mentioned, entitled, "an act con- cerning the calling of general assemblies," merits particular notice ; inasmuch as it seems to have been a legislative anticipa- tion of some remarkable proceedings of the English parliament, which was called and held in the succeeding year, (1640;) at which session was passed a statute, (16 Car. 1, ch. 1,) entitled, "an act for triennial parliaments ;" by which, (as observed by Hume,) "some of the noblest and most valuable prerogatives of the crown were retrenched, but at the same time nothing could be more necessary than such a statute, for completing a regular plan of law and liberty .* By an old statute, passed during the reign of Edward the III., it had been enacted, that parliaments should be held once in every year, or more frequently, if neces- sary: But as no provision had been made in case of failure, and no precise method pointed out for execution, this statute had been considered merely as a general declaration, and was dis- pensed with at pleasure. The king having dissolved the third parliament of his reign in the year 1629, with obvious marks of great displeasure, and having, as it is said, formed a resolu- tion of governing without one, had neglected for almost eleven years to summon another. At last in March, 1640, (N. S.) he called his fourth parliament, but finding that instead of voting supplies, they employed themselves in the redress of grievances, he suddenly dissolved them after they had sat only a few weeks. Heartily regretting this measure, as it is said,t he summoned another parliament to meet in the November following; at which session was passed the above mentioned triennial act. It is evident, however, from this last mentioned bill of our provincial assembly, that the political sentiments of the English nation, which dictated the above mentioned statute, had previously tra- velled across the Atlantic. Yet it must be confessed, to be some- what surprising, when we consider that the great majority of our Maryland colonists were of that sect of religion (the Catholic)
* Hume's Hist. ch. LIV.
t Lord Clarendon's Hist. B. II. p. 47.
155
HISTORY OF MARYLAND.
which had been hitherto accustomed on all occasions to arrange CHAP. II. itself on the side of the prerogatives of the crown, and for 1639. which sect indeed, or a supposed attachment to them, it may be said, that the unfortunate Charles forfeited his life, that they should now, when transplanted into a distant country under their own guidance and direction, manifest as ardent a zeal for popu- lar rights as their greatest enemies in England were now ex- hibiting. To account for this, we cannot but suppose, that many individuals of the puritanic sects either had mingled in the first Maryland emigration, or, driven from Virginia, had join- ed themselves with this Catholic colony, as being all equally dissenters from the established church of England, and therefore equally interested in plucking out the prerogative feathers of the royal bird. That some puritans were now resident in the pro- vince of Maryland seems evident from the incident before men- tioned, relative to Cornwaleys' servants .* Be that as it may, we must ackowledge, that this bill of the present assembly, whereby "assemblies were to be called once in three years at the least," like the "act for triennial parliaments" deserves the highest eulogium. The subsequent part of the same bill, where- by_the provincial assembly should be invested with "the like power, privilege, authority, and jurisdiction as the house of commons in England," further demonstrates, that the commons of Maryland and England were actuated with equal zeal in the maintenance of their liberties.
Sect. (15.) "All commissions from or under the lord proprie- The dura- tary, which shall be in force at his death, shall remain in the tion of commis- same force until a new commission for the government publish- sions, ed under the great seal."
in case of the death
In this clause also, our colonists appear to have anticipated of the lord the English legislature in a great improvement of the common ry provid- proprieta- law. By the common law of England the death of the king, ed for. called the demise of the crown, abrogated all commissions previ- ously issued, and indeed occasioned a discontinuance of all process; but this latter inconvenience had been remedied by the statute of 1 Edw. 6, ch. 7. It was extraordinary, that when so many inconveniences must have resulted from this principle of the common law, and when the death of a fellow mortal was a casualty so liable to happen, that no remedy should have been applied to it by parliament ; until the English revolution, which
* See before p. 83, 84.
156
HISTORY OF MARYLAND.
CHAP. II. brought with it a happy cure for many evils, reminded them of 1639. applying one to this. By the statute of 7 & 8 Will. 3, ch. 27, "no commission, either civil or military, shall become void by the death and demise of the king;" which was rendered still more precise and comprehensive by the subsequent statutes of 1 Ann, ch. 8, and 1 Geo. 3, ch. 23. As all commissions in Maryland issued in the name of the lord proprietary, who was supposed to possess, in virtue of his palatinate powers, royal prerogatives, his death would have been liable to a similar con- struction as that of the king. Our colonial ancestors were, without doubt, apprised of these inconveniences ;- for, many altercations and discussions on this subject appear to have taken place in the courts of Westminster Hall soon after the death of king James .* Not perhaps so much alarmed at even the con- templation of the death of the lord proprietary as at that of the king, they could venture with less timidity to touch upon the subject. With a foresight and wisdom, which does them credit, they provided against the coming evil.
A water- mill; the building of ed.
Sect. (16.) "Any bargain, which the lieutenant general and council shall make with any undertaker, for the setting up of a one direct- water mill for the use of this colony, shall be levied upon all in- habitants of the colony, in such manner as the lieutenant gene- ral and council shall appoint, so it exceed not 10,000 lbs. tobac- co in a year, for two years only."
A learned annalist of the British colonies has thought it worth observing upon this clause, that "we may easily estimate the numbers, and wealth, and power, of a people, who think it necessary, by general contribution, to erect a water mill for the use of the colony." The number of colonists, who came to Maryland, in the first emigration to it, was, as we have before stated,¿ said to have been about two hundred. In the course of five years they might now have increased to about three hun- dred. But among these it was probable, that there were not above two or three wealthy persons among them; most of them being adventurers, who, though honest and creditable in Eng- land, sought to better their fortunes, as well as peaceably enjoy their religion, in this remote country. The rich English Catho- lics, though persecuted at home, would probably "rather bear the ills they had, than fly to others, which they knew not of."
* See Cro. Car. 1, p. 98. + Chalmers's Annals, ch. IX. p. 214. # See before, p. 26.
157
HISTORY OF MARYLAND.
Hence, therefore, there might not have been any individual in CHAP. II. Maryland, who would choose to risk his little capital in the 1639. costly structure of a water-mill, the profits of which might have been uncertain, especially as hand-mills, and other modes of preparing maize for food, were in early use with the colonists. This instance, however, of the slow progress of improvement in Maryland, was not singular in American colonization. The first water-mill built in Massachusetts, is said to have been in the year 1633,* when the colony had been planted about five years, the same length of time as Maryland.
The necessity at this time, of building whatever public edi- fices the colony had occasion for, "by contribution," is more particularly illustrated by a bill of this session, entitled, "an act for the building of a towne-house;" by which it was provided, that "every house-keeper should be contributary to the said building either in stuff, workmanship, labour, or tobacco, in such manner and after such rates proportionally to each man's personal estate."}
We have thus traced in detail the substance of the act of as- sembly of this session, entitled, "an act ordaining certain laws for the government of this province;" the principal inducement to which was, that it is one of the first acts of assembly of the province, of which any record now remains, and forms one of the principal sources from whence we can at this day derive any ideas of the early civil and political institutions of the colony. The several bills also, "engrossed but not passed," claimed also some particular notice; being the "certain laws for the govern- ment of the province," intended to be "ordained" by the act, and clearly illustrative and explanatory of the greater part there- of. There are a few of them, however, relative to some parti- cular subjects, which do not appear to have been noticed in the act, but, for the reason just assigned, still demand some atten- tion in this place.
The law of descents, from its well known effects in the struc- ture of all civil society, generally claims the notice of every minute inquirer into the municipal institutions of any govern- ment. The bill of this session, entitled, "an act for the de-
F * Holmes's Annals, sub-anno 1633. In the same year a saw-mill is said to have been erected near London ; but as it was deemed to be a machine, which would deprive the labouring poor of employment, it was demolished, perhaps by the populace.
¿ See note (XXXV.) at the end of this volume.
-
158
HISTORY OF MARYLAND."
CHAP. II. scending of land," requires, therefore, some attention; more 1639. especially as it contains, not only an express recognition of the common law of England, relative to descents, but also some important regulations in respect to the limitation of claims to lands,-to the appointment of guardians to heirs,-and to escheats ; for, although these bills were for the most part ex- pressly limited in the body of them to continue only "until the end of the next session of assembly," yet it is certain, that though for want of other regulations, they were for many years acted under as laws, and some of them subsequently re-enacted under the same or similar titles. The act of 1642, ch. 17, enti- tled, "an act touching succession to land," seems to have been only a revival of the clause in that of this session relative to the descent of lands to the next heir .*
Another of these bills, entitled, "an act for assuring of titles to land," seems closely connected with that last mentioned. It required, what would be of great utility at this day in the inves- tigation of titles to lands, did it not appear to interfere rather too much with the private rights of individuals ;- that the party pro- ducing a deed to be recorded, or if he "claimed by law only," should state "the special matter or title by which he claimed," and such statement should be recorded, and proclamation there- of made every year for three years, and if no person allege any thing to the contrary, such entry upon record should be a bar for ever to all other persons.}
Supplementary to these two last mentioned bills, relative to real property, may be mentioned another, entitled, "an act for enrolling of grants ;" which consists merely of the following short regulation .- " No grant, deed, lease, conveyance, or estate hereafter to be made by the lord proprietary, of any lands, or office, shall be of any force or validity until such grant, &c. be enrolled by the secretary, or other person to be appointed."} This appears to be the only legislative authority, now to be found on record, for recording the patents of lands granted by the lord Baltimore. It will be recollected, however, that by the commission of April 15th, 1637, before stated, Mr. John Lew- ger was appointed "as well to be secretary and keeper of the acts and proceedings of the lieutenant and council for the time
* See note (XXXVI.) at the end of this volume.
t See note (XXXVII.) at the end of this volume.
# Liber C. & WH. p. 33.
159
HISTORY OF MARYLAND.
being, as for the doing and recording of all grants by the lord CHAP. II. proprietary and his heirs to be made of any lands or offices 1639. within the said province."* This might perhaps have been deemed sufficient authority for an usage certainly always or generally pursued under the provincial government. It is pro- bable, that the affairs of the land office were considered so pecu- liarly appertaining to the private direction and control of the lord proprietary, as to make any subsequent legislative interfer- ence therein, either unnecessary or intrusive.
To promote the increase of the population of the province, as might naturally be expected, some anxiety seems to have been manifested at this time by those, who administered the provin- cial government. Accordingly, two bills of this session, appa- rently calculated for that purpose, were prepared, and which remain yet unnoticed. The first of them, entitled "an act for the peopling of the province," was nearly as follows ;- " If any persons, (to whom manors, lands, or tenements should be grant- ed by the lord proprietary,) should not for three whole years to- gether, have so many able persons, being christians, settled, &c. in or upon the same lands as are mentioned in the original grant thereof to be the consideration of granting the same, his lordship was empowered to grant or lease any part or parts of such unoc- cupied lands to any other person, for a life or seven years, and to receive the fine and first year's rent."+ As somewhat explana- tory of this bill, if the reader recurs to the first conditions of plan- tation, now extant upon record, dated August 8th, 1636, he will find, that the transportation of people to inhabit in Maryland formed the principal condition upon which "rights to lend" were to be acquired. But these people so to be transported, at the expense of others, who thereby proposed to acquire "rights to land," were bound to make some compensation to those, who had either advanced the expenses of their passage across the Atlantic, or paid such expenses subsequently to their arrival. For that purpose written contracts were commonly entered into by the persons so transported, binding themselves to a service of a specified number of years. To prevent frauds in such con- tracts and possibly an unlimited servitude, appears to have been the intention of the bill of this session, entitled, "an act limiting the times of servants." As this usage or mode of acquiring
* See note (VI.) at the end of this volume, before referred to. + Liber C & WH. p. 34. į See before, p. 38.
160
HISTORY OF MARYLAND.
CHAP. II. white servants subsisted in the province for considerably more 1639. than a hundred years, from the first settlement thereof to the declaration of independence, the curiosity of the reader may per- haps be gratified by inserting a copy of this last mentioned bill, the first upon record relative to the subject .*
* See note (XXXVIII.) at the end of this volume.
1
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.
The proceedings of the last session of assembly, (of 1638-9,) CHAPT. together with the military preparations, which appear to have im- III. mediately succeeded it, exhibit strong proofs, that the happy har- 1639. mony, which had hitherto subsisted between the natives and the with the colonists, was now at an end. These miserable aborigines of Indians. the country, particularly in Virginia and Maryland, seem to have been now generally sensible of their approaching ruin in the in- crease and permanence of the intruding colonists. Symptoms of a general discontent among all the tribes, inhabiting the shores of the Chesapeake, were now manifestly exhibited. It was about this period, that Opechancanough, the successor of Pow- hatan, and a chief, on whose heroic virtues the Virginian histo- rians bestow high encomiums, must have began to meditate that horrible massacre of the colonists of that province, which took place not long afterwards .* In Maryland also, the Susqueha- nocks, who have been represented as being the boldest and most warlike tribe of Indians found in the territories of Maryland, seem to have been also now engaged in hostilities against our colonists. It would appear from circumstances, that this warfare with them was brought on our colonists by their endeavours to stay the incursions of the Susquehanocks against the peaceable and friendly tribes of Piscattoway and Patuxent, and probably
* Historians differ as to the time of the massacre in Virginia. Beverly, (in his Hist. of Virginia, p. 49,) places it in the latter end of 1639 or beginning of 1640; but Burk, (Hist. of Virg. vol. 2, p. 54,) contends, that it must have oc- curred in the winter of 1641-2, Five hundred colonists in Virginia were killed at this massacre.
VOL. II .- 21
Hostilities
162
HISTORY OF MARYLAND.
CHAPT. the Yoamacoes, with whom, it would seem, the Susquehanocks III. had never ceased to wage unintermitted hostilities ever since the 1639. first settlement of the Maryland colony at St. Mary's, as has been before mentioned. Some eastern shore Indians also are said to have acted in such a manner as to make it necessary for the colonists at St. Mary's to fit out an expedition against them ; but we are not informed, either what tribe they were or in what part of the eastern shore they inhabited. Our records afford but very scanty materials, indeed, for deriving any knowledge of these hostile proceedings. The principal document, relative to these transactions of the present date, appears to be an order by the governor and council, directing preparations for these milita- ry measures ; and is, as follows :
"By the lieutenant general and council, 28th May, 1639.
" Whereas it is found necessary forthwith to make an expedi- tion upon the Indians of the eastern shore upon the public charge of the province, it is to that end thought fit that a shallop be sent to Virginia for to provide 20 corsletts,* a barrel of powder, four roundlets of shot, a barrel of oat-meal, 3 firkins of butter, and 4 cases of hot waters ; and that 5 able persons be pressed to go with the said shallop; and necessary provisions of victuals be made for them ; and that a pinnace be pressed to go for Kentt suffi- ciently victualled and manned, and there provide 4 hhds. of meal; and likewise that a pinnace be sent to the Susqueha- nocks,¿ sufficiently victualled and manned, and 30 or more good shott§ with necessary officers, be pressed out of the province, and that each of the shott be allowed after the rate of 100 lb. of tobacco per month, or another man in his room to tend his plan- tation, and 2 sergeants double the said rate; and that victuals and other necessary accommodations for the said soldiers and for all others, which shall go as volunteers, be made and provided,
* A corslett was a light armour for the fore part of the body; a species of cuirass ; which was made of a thin iron plate well hammered ; or a number of thin iron plates fastened together, and lapping over each other like the scales of fish.
t The isle of Kent.
¿ Although the expression here is-"to the Susquehanocks,"-yet from the re- maining part of this order, as well as from subsequent documents in our records, it would seem, that this military force now levied was to go against the Susque- hanocks, and not to their aid against others.
§ In modern phraseology in England, a good marksman with a gun or pistol is commonly called-a good shott. Although the word is not to be found in the best English dictionaries, in this sense, yet we perceive from the use of it as above, that it is an old English phrase.
163
HISTORY OF MARYLAND.
and 2 pinnaces and 1 skiff, (if there be need,) shall be pressed CHAPT. and fitted for the transporting and landing of the said compa- III. nies, and that good labouring hands be pressed to supply the 1639:
places of such planters as shall be pressed upon the service, and be allowed after the same rate of 100 lb. per month."
Signed by
" Leo. Calvert, Giles Brent, John Lewger."*
Besides the equipment of this military force to be sent against the Susquehanocks, it seems to have been thought proper also to place the colonists, particularly those about St. Mary's, in a better state of defence than they had been. In the late act of the last session, (1638, ch. 2, sect. 8,) it had been provided, that-"The captain of the military band, (at the direction of the lieutenant general,) shall use all power necessary, or conducing in his discretion, to the safety or defence of the province. And the commander of Kent to do the like within that island." The bill also, entitled, "An act for military discipline," further pro- vided for the details of the preceding clause of the act. In pur- suance of these laws, as it appears, a commission was issued to Giles Brent, esqr., (then one of the council,) bearing date the 29th of May, (1639,) the next day after the above mentioned order, " appointing him to be captain of the military band next under our lieutenant general, requiring him to train and instruct all the inhabitants of our said colony able to bear arms, (those of our council excepted,) in the art and discipline of war on holy- days and at any other time when there should be need; and by himself or his sergeant or other officer, once a month if he should find it needful, to view at every dwelling house within the said colony the provision of necessary arms and ammunition, and where he found any defect to amerce the party failing at his discretion, so that it exceed not 30 lb. tobacco for one default, and further to punish any delinquent in any kind offending against the dis- cipline military."* We may suppose, that in virtue of these Jaws and this commission, the inhabitants of the colony were immediately formed into a regular militia, and trained and disci- plined accordingly.
Nothing further appears upon our records, which can throw any light upon the military or other transactions of the colony,
* "Council Proceedings from 1636 to 1657," p. 41.
+ "Council Proceding from 1636 to 1657," p. 38.
164
HISTORY OF MARYLAND.
CHAPT. appertaining to the present year; except, that some few ideas of III. the nature of the trade carried on at this time by the colonists of 1639. Maryland with those of the Swedes on the Delaware, the Dutch on the Hudson, and the colonists of New England, as also of the internal traffic with the Indians, may be gleaned from one or two commissions of this year, still extant upon our records, in relation to those subjects. From these, it seems to have been lawful at this time for any inhabitant of Maryland, under the au- thority of a commission or license for that purpose, "to trade with any Indians within the province for corn, and the corn, so traded for, to export out of the province, and to trade the same with any people inhabiting to the northward of the capes, com- monly called cape Henry and cape Charles, strictly prohibiting them from exporting any arms or ammunition to any Indian or foreigner whatsoever .* "
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.