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 65
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* See this ordinance at large in Hazard's Collections, vol. 1, p. 533; which appears to be the same as that abridged (taken from Hughes's Abridgment,) in the same vol. p. 633.
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HISTORY OF MARYLAND.
CHAPT. province till I or my heirs shall signify our or their disassent IV. thereunto under our or their hands and seals or otherwise within 1643. the said province, and no longer; and I do also give you the same power and authority during your government there, under or until I or my heirs shall signify our or their pleasure to the con- trary, to grant lands from time to time in my name within the said province, under my great seal there unto any adventurers or planters there, and upon the same terms and conditions as my said brother had power from me to do at the time of his trans- mitting and entrusting the government of that province unto you ; for all which this shall be your sufficient warrant. Given under my hand and seal at arms at Bristol, the 18th day of November, Anno Domini, 1643.
"To GILES BRENT, esq., my lieutenant general of my province of Maryland."
C. BALTIMORE."*
With these instructions his lordship sent also a separate order to Mr. Brent for the appointment of Mr. Thomas Gerard to be one of his council within the province. His reasons for so do- ing are thus stated in the preamble to the order .- "Whereas I have received good testimony from my brother Leonard Calvert of the good affection and fidelity of Thomas Gerard of St. Cle- ment's hundredt in the province of Maryland, gent., towards me and my service in the said province, and that he hath deserved very well of me in his diligent endeavours for the advancement and prosperity of my colony there, wherein he hath had occasion to express also more than ordinary abilities of understanding, such as may make him capable and useful in advising with upon the most important affairs of that place."
It has been before observed, that the lord proprietary had re- served at this time, "for his own particular use," several farms, or a manor or manors including several farms within St. Mary's county ; that these were cultivated at his own private expense, and for his own private profit and emolument, under the super- intendance of an agent or agents for that particular purpose.
* * Council Proceedings from 1636 to 1657," p. 112.
+ Mr. Gerard was at this time lord of St. Clement's manor within St. Clement's hundred in St. Mary's county. See before, p. 167.
# The arrival of Thomas Gerard, "surgeon," in the year 1638, into the pro- vince, is noted in the oldest Record Book .- Being of one of the learned profes- sions he probably had received a "more than ordinary" education also, in addi- tion to his "abilities of understanding."
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With the orders just before stated, he now sent a commission to CHAPT. governor Brent and several other commissioners therein men- 1V. 16-43. tioned, styling them "commissioners for his treasury in Mary- land," with instructions thereto annexed, both of the same date, as to time and place, as the before mentioned orders, " for the well ordering and disposal from time to time of his stock or stocks of neat or other cattle, and of all other his goods and chattels there, and also of all rents, fines, confiscations, or es- cheats, tributes or other gifts from the Indians, customs or sub- sidies granted to him by any general assembly, and all other profits and emoluments belonging to him within the said pro- vince; and for the better managing, clearing, letting such farm or farms, manor or manors, or other lands set out and designed there for his particular use, according to such directions and in- structions as he should from time to time send thither for the purpose."* From the words and expressions of his lordship in other parts of this commission and the instructions, it may be in- ferred, that he had then some presentiment in his mind, derived perhaps from "the extremity of the present troubles in England," as he expresses himself, that his property in America stood in a very precarious situation. His design in directing, as he did in his instructions, that inventory should be made of all his goods and chattels whatsoever belonging to him within the province, was most probably with an expectation, that, if the parliament's commissioners, under the before mentioned ordinance of Novem- ber 2d, should deprive him of the government of his province, as was subsequently done, he might possibly still be allowed to retain what was his own private property.
The succeeding year opened with no pleasing prospect of a 1644. flourishing state of the province. The dissensions of the colo- Embar- nists, whether derived from the then unhappy and distracted rassed state of the state of the mother country, or from their own peculiar situation trade of the in respect to the hostilities of the Indians, had prevented them province. from paying the necessary attention to their plantations and the cultivation of their staple of trade during the preceding year. While more tobacco was grown in the province than was neces- sary to reimburse the English merchants for the goods and mer- chandize with which they supplied the colonists, the exportation of that staple might, as it regarded the interests of the province
* The above mentioned commission and instructions are inserted at large in note (LIII.) at the end of this volume.
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CHAPT. only, be very properly allowed to be made to other countries IV. than the parent state .. Hence, as before mentioned, the colo- 1644. nists appear to have been in the usage and practice of exporting some of their tobacco to Holland or the Dutch provinces ; for, we can draw no other inference from the two several acts of assem- bly, passed at the two preceding sessions, entitled, "an act for the support of government,"-whereby five per cent. on all to- bacco exported to other countries than England, Ireland or Vir- ginia, was given to the lord proprietary. But uneasiness seems to have now existed in the province, at least with those entrust- ed with the government of it, lest the whole of the slender crops of tobacco throughout the colony, of the last year's growth, would not be adequate to the necessary shipments of the present year to England. Proclamation was therefore issued by the lieutenant general, bearing date January 8th, 1643, (1644, N. S.) for the regulation of the exportation of tobacco ; which, as it exhibits the state of the trade of the province at this time may with propriety be here inserted .- "By the lieutenant general .- Whereas, by reason of the unreasonableness of this last past year, small quantities of tobacco have been made within this colony, whereby the ships bound hither out of England for sup- ply of the colony are like to want of their home freight, for pro- vision for their benefit in that point, in as far as the tobacco of this colony's growth will amount, I have thought fit and do hereby prohibit all export of tobacco out of this province after the publi- cation hereof in the several counties respectively by or upon any other vessel or vessels whatsoever, other than ship or ships coming from England, until the said ship or ships be fully freight- ed; and for better caution for due observance hereof I do here- by prohibit any person to lay or take on board any tobacco, un- der any pretence whatsoever, on any vessel (other than such ship or ships as aforesaid, or such as shall belong to some inhabi- tant of the country,) till he or they have put in security not to offend to the contrary hereof."*
Ingle's re- bellion.
The next important subject, which appears to have occupied the attention of the provincial government, at this time arose from certain plots and machinations of one Richard Ingle, now lately arrived in the province, which appear to have been now first commenced by him, with a view, as subsequent events shew, to deprive the lord Baltimore of all right to the government, if not
* " Council Proceedings from 1636 to 1657," p. 110.'
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HISTORY OF MARYLAND.
to the proprietaryship, of his province. Whatever his designs CHAPT. now were, the provincial government had thought it fit, though IV. perhaps improperly at this period of time, to institute the charge 1644. of "high treason to his majesty" against him; and in pursu- ance thereof had caused a proclamation or proclamations to be issued, for arresting his person and seizing his ship. They were of the following tenor :-
" 20th January, 1643.
" Proclamation against Richard Ingle.
" I do hereby require, in his majesty's name, Richard Ingle, mariner, to yield his body to Robert Ellyson sheriff of this coun- ty, before the first day of February next, to answer to such crimes of treason, as on his majesty's behalf shall be objected against him, upon his utmost peril of the law in that behalf; and I do further require all persons, that can say or disclose any matter of treason against the said Richard Ingle to inform his lordship's attorney of it at some time before the said court to the end it may be then and there prosecuted. G. BRENT."
It would appear from the following document, that he was actually arrested agreeably to the above proclamation, and that measures were thereupon immediately taken for seizing his ship.
"By the lieutenant general .- These are to publish and pro- claim to all persons, as well seamen as others, that Richard Ingle, master of his ship, is arrested upon high treason to his majesty ; and therefore to require all persons to be aiding and assisting to his lordship's officers in the seizing of his ship, and not to offer any resistance or contempt hereunto, nor be any otherwise aid- ing or assisting to the said Richard Ingle upon peril of high treason to his majesty."*
We may remark upon these proceedings, although this was only the commencement of this business, that the provincial go- vernment was undertaking in this affair a more important exer- cise of power than the royal authority itself in England would have ventured upon. Not long after the commencement of the civil war, and about the latter end of the year 1642, the king,
* " Council Proceedings from 1636 to 1657," p. 111 .- I have ventured here to transpose the order of these two proclamations different from what they are in upon the record, where the latter, for seizing his ship, is placed before the former for arresting his person. The expressions of that for seizing his ship make men- tion of his being then arrested, and therefore could not precede that for arresting his person. The clerk, who recorded these state papers, must have misplaced them through mistake. The proclamation for seizing the ship has no date in the record.
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HISTORY OF MARYLAND.
CHAPT. injudicious as he generally was in the choice of occasions for the IV. strict exercise of his powers, and a little elated perhaps with his 1644. then late successes in several battles, directed that some prison- ers of war, who had been notorious in their acts of rebellion, should be indicted and tried for high treason on the statute of 25 Edw. 3. They were accordingly tried and condemned to death. But before their sentences were carried into execution, the par- liament having notice thereof immediately issued a declaration, that "all such indictments and proceedings thereon were unjust and illegal ; and that if any man was executed or suffered hurt, for any thing he had done by their order, the like punishment should be inflicted, by death or otherwise, upon such prisoners as were, or should be, taken by their forces." -- This declaration saved the lives of the condemned, the king not thinking it pro- per to expose his officers to the same fate .* Whether the crime of "high treason to his majesty," for which Ingle was at this time arrested, consisted in overt acts done within the pro- vince or in England, or of what nature those overt acts were, it does not appear. If the arrest was merely for treason committed in England by siding with the parliamentarians, the proceeding was certainly impolitic, if not unjust. But if the treason was committed within the province by exciting the inhabitants there- of to throw off their allegiance to the king, and to acknowledge the authority of the parliament only, it must be acknowledged to have been a justifiable struggle in the lord proprietary's friends to preserve his lordship's palatinate jurisdiction over the pro- vince, through the preservation also of the royal sovereignty. Be this as it may, however, it is said, that from this arrest cap- tain Ingle made his escape.t
* Lord Clarendon's Hist. (fol. edit.) pp. 266, 648 .- Rapin's Hist. (Tindal's edit.) vol. x. p. 135.
t Bacon's Laws, Preface .- This seizure of Ingle's ship, to which was added, that the government of Maryland " tampered with the seamen thereof, to carry her for Bristol, which was then in the king's hands," are mentioned in a paper, dated in 1656, (taken from Thurloe's State Papers, and inserted in Hazard's Collections, vol. i. p. 622, entitled, "Objections and Reasons, why the govern- ment of Maryland should not be put into lord Baltimore's hands,") as evidence "of the dissatisfaction and malignancy of the said lord Baltimore and his gover- nors from time to time against the parliament and their interest."-But, if Ingle's rebellion, as it is called, was an association with Clayborne to aid and assist him in the recovery of the isle of Kent, claimed by the latter, (as it is said to have been ; see Bacon's Preface ;) it goes far to justify governor Brent in the seizure both of his person and ship, which would then in such case have amounted ra- ther to an honest defence of lord Baltimore's property, than evidence of "malig- nancy against the parliament and their interest."
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HISTORY OF MARYLAND.
Cotemporary with these disturbances hostilities between the CHAPT. Indians and colonists still continued. What rendered this warfare IV. now more terrible to the inhabitants was, that the Indians had by 1644. some means furnished themselves with fire arms, and had adopt-
Hostilities with the ed the use of them. From a proclamation, issued by the go- Indians. vernor on the second of January this year, to prohibit any per- son within the colony of St. Mary's from landing or delivering, upon any pretence whatsoever, any gun-powder or shot to any Indian without a license to that purpose, it is to be inferred, that some of the colonists themselves had been so wicked or incau- tious as to have assisted the savages with the means of this their new mode of warfare. It is equally as probable, however, if not more so, that the Susquehanocks, who were now the most formidable Indians, whom the Marylanders had to encounter, were in the habit of procuring fire-arms and ammunition, either immediately from the French, Dutch, or Swedes, settled on the American continent, or intermediately through the agency of the Iroquois or other Indian nations. It seems to be asserted upon good authority, that in the year 1642 the Iroquois carried on a considerable commerce with the Dutch at New Netherlands to whom they disposed of their peltry, and who, in return, furnish- ed them with fire arms .* And in a pamphlet, published in the year 1648, (an extract from which is stated in Smith's History of New Jersey, and in Proud's History of Pennsylvania,t) it is said, "that the Dutch in New Netherland endanger all his ma- jesty's adjoining countries, most wickedly, feloniously, and trai- torously, contrary to the marine and admiral laws of all chris- tians, selling by wholesale, guns, powder, shot and ammunition to the Indians, and instructing them in the use of our fights and arms ;- likewise, the Swedes, hiring out three of their soldiers to the Susquehanocks, have taught them the use of our arms and fights."} The time of the publication of this pamphlet would probably bring the occurrence of these facts back to the present date. Some idea of the disagreeable situation, in which the frontier settlers of St. Mary's at present were, may be derived from a proclamation issued by governor Brent on the 4th of May this year; in which he "authorises the inhabitants upon Patux-
* Holmes's Annals, vol. i. p. 325, cites Wynne, vol. i. p. 308.
t Vol. i. p. 111.
# The Dutch, it seems, were the first, who furnished and taught the negroes in Africa the use of fire-arms, which they used against the Europeans. Mod, Univ. Hist. vol. xiv. p. 36, note.
VOL. II .- 35
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HISTORY OF MARYLAND.
CHAPT. ent river, (being they are so far from other plantations, and so IV. weakly peopled, and continually exposed thereby to danger and 1644. outrage from the Indians as well friends as enemies, by whom they received an assault to their very near cutting off one of their plantations last year, besides the eminent losses they have otherwise received,) that upon approach of any Indian whatso- ever unto them in the woods, their plantations or houses, they may (after having bid the said Indian depart, and declared that if they do not depart they will shoot them,) shoot them whatso- ever Indains they are; which bidding them depart I do enjoin the inhabitants unto, in case the Indians shall be of our friends, until the 25th of May next, in which time all the said Indian friends shall have notice not to approach the said plantations, and after the said 25th of May I do license the said inhabitants to shoot and kill any Indians, coming about their woods, planta- tions, or dwellings, without the foresaid warning given. Wit-
ness my hand.
GILES BRENT."
"The same authority I do give them against any Indians upon the water between the back river of Patuxent and the mouth of Patuxent river."*
It is probable, that in consequence of these rigid proceedings against even the friendly Indians, those of Patuxent, who had most commonly been distinguished for their amicable disposition to the "new comers" even on their first landing, entered into some compromise with the provincial government, so as to ob- tain some security from the dangers to which they were exposed in consequence of the foregoing proclamation. For, in about a month afterwards, a protection or "pass" under the great seal was issued by the governor, bearing date the 8th of June, 1644, de- claring, "that the bearer hereof, Peter Mimascave, alias Nicoat- men, an Indian of Patuxent, and all other Indians of that town and nation are within our protection, peace and amity, to be treated and used with all humanity as our friends and confede- rates, until they shall give cause to the contrary; and therefore we do hereby require all and every of you, (inhabitants of the county of St. Mary's,) upon the utmost peril that may be by law inflicted upon the transgressors hereof, that you commit not any hostile act or outrage upon him the said Peter or any other of his town and nation, unless it be such as shall put you in fear of your lives by repairing to any of your houses or plantations in
* "Council Proceedings from 1636 to 1657,". p. 120.
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HISTORY OF MARYLAND.
numbers lurking or other suspicious manner, without shewing or CHAPT. holding forth this or some other instrument or pass under our IV. great seal, but that you suffer him and them quietly to pass and 1644. repass to or from the houses of our lieutenant general and coun- cil or any of them, according to the full intent and effect of this our safe-conduct."*
with the
proposed
Lewger.
In about ten days after the above declaration in favour of the Treaty Patuxent Indians, some proceedings took place relative to a Susque- treaty expected to be held with the Susquehanocks at the English hanocks fort or garrison at Piscattoway; which proceedings, as they are by Mr. not only interesting in themselves, in giving us a better view, than we have yet had, of the affairs of the colony in relation to the several Indian tribes, friends as well as enemies, but also subsequently productive of a serious dispute between governor Brent and secretary Lewger, require to be more particularly stated here than they would otherwise merit. Although there is no express authority to say, that at the time when these proceed- ings took place, governor Brent was absent from the seat of go- vernment, yet from his subsequent disapprobation of them, we must presume, that at the time when Mr. Secretary Lewger is- sued the commission and instructions for the occasion, the go- vernor was not at the city of St. Mary's, from whence those doc- uments most probably emanated, so as to give the secretary an opportunity of consulting his excellency before his discharge of his official duty as secretary in issuing those government acts. It is possible, that the governor might then have been on a visit to the isle of Kent, at his manor of Kent Fort, or indeed in Vir- ginia. But this supposition is rendered somewhat uncertain, in- asmuch as there does not appear on the records any written au- thority for the conduct of the secretary, or indeed for the admin- istration of the government at all, in such case of absence, as might have been expected and had heretofore been practiced.t Be this as it may, Mr. Lewger receiving information, that the Susquehanocks were expected at Piscataway, either with seri- ous intentions of entering into a cessation of hostilities, or with
*"Council Proceedings from 1636 to 1657," p. 121.
t In a preceding part of the same record book, p. 110, appears the following entry :- "7th Febr'y, 1643. The lieutenant general authorised John Lewger, secretary, to issue and sign ordinary process, and in the absence of the lieutenant general from St. Mary's, to hear and determine any civil cause with liberty of appeal to either party."-This seems to imply, that about that time, (according to new style, the 17th of February, 1644,) more than four months preceding this transaction, the governor meant to be absent from the seat of government.
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HISTORY OF MARYLAND.
CHAPT. sinister designs of inveigling the friendly Indians of Piscata- IV. way into a confederacy with them, issued, in the name of the 1644. lieutenant general, a commission to captain Henry Fleete, bear- ing date the 18th of June, 1644, of the following tenor :-
"Cecilius, &c., to captain Henry Fleete, gent., greeting .- Whereas by certain intelligence from Piscattoway I understand, that there are some number of our enemies the Susquihanowes expected about this time at Piscattoway under colour to treat and conclude a peace with them and us,* but perhaps to confede- rate and unite all the Indians of these parts in some general league or plot for the cutting off the English in Maryland, as they have most savagely attempted in Virginia;} and because it concerns much the honour and safety of the colony to have some English there to be present at the treaty and other proceedings, to direct and over-rule it if need be, to countenance and strength- en our friends that yet remain, and terrify the others, and to pro- ceed with the Susquehanowe agents either in hostility or truce as there shall be most cause and reason for either; I, relying much upon your skill in the Indian language, and long conversation and experience in the Indian affairs, and your prudent and pro- vident circumspection otherwise, have made choice of you,¿ and do hereby will and require you, all delays and excuses set apart, to take up with you a convenient strength of English, well arm- ed and provided, to the number of twenty at least, and with them to repair to Piscattoway and there to proceed with the In- dians both friends and enemies according to such instructions as shall be delivered to you by my secretary, bearing date herewith, and (during your said voyage,) to lead, order, and command in
* From this it is to be inferred, that the Susquehanocks were at this time at war not only with the Maryland colonists, but with such Indians as were friend- ly to them, particularly those at Piscattoway. It has been before mentioned, that the Susquehanocks were in the habit of making war upon the Yoamacoes at St. Mary's before the arrival of the first Maryland colonists. It is probable, that they had constantly kept up this warfare ever since with all the Indians seat- ed in the peninsula between the Patuxent and Patowmack; which circumstance seems to confirm what was stated in the introductory part of this work,-that the Powhatan confederacy included the Indians between the Patuxent and Patow- mack.
This must allude to the massacre planned and in part executed by Opechan- canough, as before mentioned, p. 161.
į It will be recollected, that Captain Henry Fleete was found by governor Calvert and his colonists among the Indians at Piscataway, when the colonists first arrived in the Patowmack in the year 1634, as before mentioned, (chap. I.) and where it appeared that he had resided several years before in great esteem with the natives.
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chief all the said company, as shall go along with you, by your- CHAPT. self, or officers, to be by you appointed in all points, and to all IV. effects, yea even to the inflicting of death, (if necessity shall so 1644. require,) upon mutinous or disobedient persons, as a captain general may do by the discipline or law martial; and I do here- by require all inhabitants and other persons of our said province, and especially the company as shall go along with you, to re- spect, aid, and obey you, (as there shall be occasion,) in the quality of such chief captain and commander as aforesaid, upon peril of the utmost penalties as by martial law may be inflicted. Given at St. Mary's this 18th June, 1644 .- Witness,
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