IV. 1645. Connected with this a singular proceeding appears to have CHAPT. been adopted by the governor or executive branch of the provincial government for the support of the garrison at Piscattoway; which, although it occurred nearly a month prior to this session in February, ought not to be passed unnoticed. A commission was issued by the governor, bearing date, January 9th, 1644, directed "to Thomas Weston of St. George's Hundred," authorizing him to assemble all the freemen of that hundred for the purpose of assessing upon that hundred only the charge of a soldier, who had been sent by that hundred to serve in the garrison at Piscattoway." Although the curiosity of every native citizen of the state of Maryland, might perhaps be excited to know something of the little civil war, which now prevailed in his native province at this early period of its existence, in the commotions of which some worthy ancestor of his might perhaps have borne an anxious part; yet the loss of the records before mentioned, one of the consequences thereof, has rendered all authentic documents relative thereto for ever irrecoverable; and it appears, that the muse of history has not thought the subject of sufficient importance to inspire the pen of any cotemporary historian. • "Council Proceedings from 1636 to 1657,” p. 141. 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 instance 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 enforcedThe English ordinance of 1646-7, relative to customs on goods exported 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 characterThomas Greene, esqr., his successor Mr. Hill renews his claims upon the province-Corn (private property,) pressed, or seized, for the use of the gar rison of St. Inigoe's fort-War with the Indians of Nanticoke and Wicomoco -Cautious proceedings to regulate the return of the disaffected-The exportation of corn and horses prohibited-The administratrix of Governor Calvert 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 removed and governor Stone appointed in his stead-Strictures on his commission-A new oath 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 isle of Kent -Sixteen laws sent in, with a commission for propounding them to the assembly-New conditions of plantation-Quarrel between governor Greene 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 Maryland-The appointment of Mr. Gibbons, of New England, to be one of the council-An assembly called-The ordinance of parliament of 1650-The colony 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 directions for remedying the loss of the records—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 "reducement" of the colonines-In structions to commissioners for the reducement of Virginia-The commissioners sail on their expedition-Captain Curtis arrives in Virginia, which is reduced-He, with the other commissioners, proceeds to Maryland, which submits. After a lapse of about eighteen months, during which pe- CHAP. V. riod our provincial records afford no trace of any of the inter- 1646. mediate transactions, we find governor Calvert in Virginia; Captain whither, without doubt, he had retreated from the hostilities of ed gover the parliamentary party within his province headed by Ingle, and nor in the perhaps Clayborne. Hill elect absence of governor A commission, it seems, was issued, during this absence of Calvert. governor Calvert, to captain Edward Hill, "deputing and appointing him governor of the province of Maryland;" which, from the tenor and conclusion of it, to wit, "Given under my hand and seal this 30th day of July, 1646, in Virginia.-Leonard Calvert,"--purported to have been the governor's "own act;" but, from subsequent circumstances it appears, that the grant of this commssion to Mr. Hill was "acted by another person," (as the record expresses it,) that is, was made out by the council at St. Mary's who elected the said captain Hill to the office of governor, in the absence of governor Calvert, while he was "in Virginia." The preamble to this commission to Mr. Hill thus states the authority, on which governor Calvert was enabled in such a case to create a deputy in his office of governor.-"Whereas by a commission from the right honourable Cecilius lord proprietary of the province of Maryland to me Leonard Calvert, esqr., bearing date the 18th of September, 1644, I am authorised, in case of my absence out of the said province, to appoint such an able person as I shall think fit to be his lordship's governor of his said vince, and whereas at this present I have occasion, for his lordship's service, to be absent out of the said province, I do depute and appoint captain Edward Hill to be governor of the said proprovince;"—"And I do further authorise the said captain Edward Hill to take and receive into his possession and custody, for his lordship's use and his heirs, all stocks of cattle, rents of lands, profits of customs, escheats, fines, forfeitures and confiscations, by any way and at any time due unto his lordship within his said province of Maryland, and the one half thereof, (excepting of stocks of cattle,) I do hereby authorise the said captain Edward Hill, (as a reward for his service to his said lordship,) to apply to his proper use and benefit during the time of his government 1646. CHAP. V. of the said province, and also for all stocks of cattle belonging to his lordship there, to be accomptable to me for his lordship's use and his heirs, whenever I shall demand the same, and until his lordship shall otherwise appoint."* Whether this commission was the governor's "own act," or not, yet it seems to intimate, that his restoration to the office of governor was considered, at this time, as a doubtful incident, and that the best mode of securing the private property of lord Baltimore within the province was to delegate his powers of government to some friend, in whom he might confide, and who either then resided, or would be allowed to reside, at St. Mary's. But, it appears from a clause in one of captain Hill's letters hereafter inserted, that some members of the council, still remaining at St. Mary's, thought they could with propriety, in the absence of governor Calvert, elect and appoint captain Hill to be governor, and did so, under the plea of an "absolute necessity for the safety of the province," and, as it would seem, under the last clause of his lordship's commission for the government before referred to, which provided, that "in case our said lieutenant shall happen to die, or be absent out of our said province, and shall fail to make choice of, nominate, and appoint some person to be our lieutenant, &c., we do hereby grant unto our councillors there for the time being, or the greater part of them, full power and authority from time to time in every such case to nominate, elect, and appoint such an able person, which shall then be of our council there, and inhabiting and residing within our said province, &c., to be our lieutenant," &c. Whether Hill was, previous to this election and appointment, an inhabitant or resident within the province of Maryland, some doubt may be entertained from the tenor of his letters hereafter stated; but, it seems certain, that he was not "one of the council," and, therefore, could not be legally elected or appointed governor under the above clause. This subject will be resumed in its proper place. The lord proprietary, in England, seems to have been fully informed in due time by his brother of the situation of his affairs in Maryland, or at least of the necessity, which his brother had been under of quitting his province. Considering, perhaps, the proprietaryship of his province as lost to him, but desirous and expecting to retain what private property he had in America, "Council Proceedings from 1636 to 1657," p. 142. + See governor Calvert's commission of 1644, before referred to in p. 286, and inserted in note (LIV.) 1646. particularly such rents and debts as were due to him, he executed CHAP. V. and sent a warrant of attorney "to his brother Leonard Calvert, esqr., and to his trusty and well beloved John Lewger, esqr., his secretary for his province, and to whom they two should appoint, to demand and receive, and, if need be, to sue for, implead, and recover, for his use, all rents, arrears of rents, profits, debts, and other dues whatsoever, which belonged unto him, either in Virginia or Maryland, and to dispose thereof as he should from time to time direct; and in default of such directions according to their best discretions for his most advantage; and to give acquittance in his name and behalf for what they should receive from time to time by virtue of this warrant. Given under his hand and seal at Stook, this 15th of November, anno domini, 1646."* The place called Stook, from whence his lordship dates this power of attorney, was most probably some obscure place in England, to which he had retired; for, at this time no royalist, especially a Catholic, could openly appear in any part of England, if he had been known at any time to have taken side with the king. It may be remembered, that the last intelligence we had of his lordship's residence, was at the city of Bristol, after it had been stormed and captured by the king's forces in July, 1643, and from whence he dated his instructions before mentioned of the 18th of November, 1643; but that city had since been surrendered to the parliament forces, in September, 1645; and we may suppose his lordship to have been, in consequence thereof, under the necessity of seeking some other asylum. The decisive battle of Naseby had been fought, in June, 1645, where the king's forces had been entirely routed. Sir Thomas Fairfax had now made a complete conquest of the two loyal counties in the West Devonshire and Cornwall, and had driven the prince of Wales to take refuge in France. The king had given himself up to the Scotch army, and the venerable marquis of Worcester, above eighty years of age, had the honour of surrendering, in July, of the present year, the last remaining fortress of royalty in Great Britain-his castle of Ragland in Monmouthshire. Whether lord Baltimore had now also submitted to the parliament, and taken the covenant-oath, or lurked unknown in some obscure place, as above suggested, we have no documents to au thorise us in determining. "Council Proceedings from 1636 to 1657," p. 143, |