LIBRARY

OF THE

LELAND STANFORD JUNIOR

UNIVERSITY.

A.5246

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,

CHAPTER II.

23

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

particularly regulated-Oaths of office prescribed-Officers for the

of Kent more

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 measurès-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,

CHAPTER III.

93

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,

CHAPTER IV.

161

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,

CHAPTER V.

233

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-

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 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 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,

CHAPTER VI.

292

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

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-Fro-
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