Robert C. servant to Mr. COPLEY who transported ¾¾.

In the Spring of 1637, Father Thomas COPLEY, S. J. set sail for Maryland in the company of Father John Knowles, S. J. COPLEY was the son of Sir Thomas COPLEY, of Gatton, Surrey, heir to an English barony. His father had become a Catholic, only to be banished to exile in Spain where the future Jesuit was born in 1594. The younger COPLEY served as the Jesuit procurator in England in charge of the finances of the province. He had helped Father White prepare for the voyage. Now COPLEY was to have a chance to be a part of mission first-hand. Together with the young and eager Father Knowles, COPLEY brought with him nineteen indentured servants. When he arrived, Father COPLEY promptly took charge of the financial affairs of the Mission. On August 8, 1637, he filed a claim for six thousand acres based on the number of settlers that the Jesuits had brought over before he arrived. Along with the claim for six thousand acres, Father COPLEY also filed another claim for four thousand acres based on the settlers that he had brought over with him. These claims apparently resulted in the Jesuits' obtaining title to the farm at St. Inigoes. It had first been assigned to Richard Gerard, one of the original gentlemen settlers who returned to England around this time. This farm lies about five miles south of Saint Mary’s City between the Saint Inigoes Creek and the St. Mary’s River. Shortly after the purchase Father COPLEY had a farmhouse built on the property. It came to be called St. Inigoes House. William Lewis was the overseer for St. Inigoes.

The Gift of a Chief

About this time the Jesuits received a second manor from Maquacomen, the Chief of the Patuxents. He had received them kindly, and gave them land as a gift. They used it to established a mission on the Patuxent. The Fathers fenced off a portion of the land, erected a house and other farm buildings, and called the place Conception Manor. They rented out sections of the land to tenants. Robert CLARKE served as the overseer. The manor also retained its Indian name, Mattapany. The surrounding area was called Mattapany Hundred.

The Epidemic

In September 1637, an epidemic ¾ possibly of yellow fever ¾ broke out in the colony and many died. Among them were Brother Thomas Gervase, the faithful helper of Father White, and the newly arrived Father Knowles. In the province for only about two months, Father Knowles, died a victim of the epidemic on September 24, 1637.

Mr. Lewger

The following November 28, the new Secretary of the Province, Mr. John Lewger, along with his wife, and son arrived in the harbor of Saint Mary’s City aboard the Unity. Lewger was a former Anglican minister who had become a Catholic before coming to the colony as Lord Baltimore’s secretary. Lewger brought with him from England draft laws which Lord Baltimore hoped would win the approval of the Assembly.

The Maryland Assembly met on January 25, 1638, to consider the proprietor’s proposals and noted that Father COPLEY, Father White, and Father Altham, of St. Mary’s Hundred, had not responded to the writs to attend the meeting. Their business agent, Robert CLARKE, explained that their absence was due to sickness. The Assembly excused them. It appears that the sickness was of a diplomatic kind. The Jesuits felt that it was not fit that they should be there in person. William Lewis, the overseer of St. Inigoes Manor, also attended with the proxies of the Catholic freeholders who for one reason or another did not attend.

The session lasted until March 1638, and not only rejected the proposed laws, but also resisted Lord Baltimore’s attempt to initiate legislation. The Assembly did, however, pass a series of acts that it sent to Lord Baltimore in England for his approval.

On April 23, 1635, Robert CLARKE was sailing the good ship St. Margaret, a boat belonging to the Jesuits, on a trading expedition to the Indians on the Eastern Shore. The St. Helen, under the command of Thomas CORNWALEYS, a prominent Catholic in the colony, accompanied him. Governor Calvert had sent them to defend Maryland’s territorial claims against Virginians under the command of William Claiborne. The Marylanders had captured a pinnace belonging to Virginian traders operating in Maryland waters without a Maryland license. To retaliate, Claiborne armed a shallop named the Cockatrice. It had a crew of thirty men under the command of his lieutenant, Ratcliffe Warren. Claiborne had commissioned him to seize any vessel belonging to Maryland. The two groups met on the Pocomoke River on the Eastern Shore. Lieut. Warren, Richard Hancock, and others, attacked them with guns, pistols, swords, and other weapons. In the melee, William Ashmore, an apprentice who had come over with Father White, was killed. CORNWALEYS returned fire, killing Warren and two others. The Cockatrice quickly surrendered.

"Leading up to the court cases, the Kent Island controversy had escalated into open warfare when on April 23, 1635, two proprietary vessels, the St. Helen and St. Margaret clashed with a vessel belonging to Claiborne, the Cockatrice at the mouth of the Pocomoke River (Potomac?) on the Chesapeake Bay.  After several hours of maneuvering and firing, the Cockatrice was forced to surrender when her captain and two others fell.  This clash was the first naval battle in American history.  Shortly thereafter, another skirmish was fought between Calvert’s troops and the forces of William Claiborne as the proprietary attempted to force the surrender of Kent Island.  An armistice was reached when the trading company of Cloberry and Company of London replaced Captain Claiborne as their employee on Kent Island with George Evelin.  Claiborne retreated to Jamestown where he continued his efforts to exclude Kent Island from Calvert’s Maryland.  As the relations between Parliament and King Charles escalated into open warfare, the fortunes of the Calvert colony were endangered as a colony loyal to the King.  In 1644, Richard Ingle, as adherent of Parliament, was captured trading in Maryland waters without a license.  Brought into St. Mary’s City for trial, the elusive Ingle soon escaped on board his ship, the Reformation.  Returning the following year, Captain Ingle armed with parliamentary letters of marquee began attacking and capturing loyalist ships in Maryland waters.  Soon farms were attacked and looted as Ingle spread his private war against pro-royalist Maryland.  The government of Maryland including governor Leonard Calvert fled the colony and escaped into nearby Virginia.  For two years, Ingle occupied St. Mary’s City attacking enemies imagined and real.  Maryland officials were brought on board his ship in chains; Catholic priests such as Father Fisher and Father Andrew White were transported to England for trial as traitors in chains.  Soon after, the Calverts wrestled control of Maryland back from the dissidents and entered upon a plan of reconciliation.

"Captain William Claiborne was not finished with the Calvert’s nor Maryland.  Because of him, several of his men including Thomas Smith had been hung as pirates and traitors.  His possessions had been seized, as were those of his employer, Cloberry and Company of London by Maryland authorities.  During the winter of 1644, Claiborne, a member of the Council of Virginia, again landed on Kent Island with a small force.  Here, he planned an invasion of St. Mary’s City to attack the royalist government of Leonard Calvert.  Failing to rally support from the residents of Kent Island, Claiborne retired to Virginia.  Returning to England some years later he was appointed to oversee that Maryland would adhere to the “Supreme Authority of the Commonwealth of England.”  Captain Claiborne had finally won but his influence on Maryland at this point was not of vengeance and there are no records of him seeking revenge against the colony or its proprietors.  Soon after, Captain William Claiborne of Kent Island died.

"With the death of Leonard Calvert in 1647, Cecil appointed William Greene to succeed him but this appointment was rescinded with the appointment of William Stone as governor.  During these times, the king would be executed and a commonwealth replacing the authority of the monarchy.  Maryland and Virginia would be compelled to acknowledge these changes.  Not recognizing the complete authority of the commissioners (under William Claiborne) for reforming the government, Stone was replaced by a Puritan, William Fuller and his commissioners.  Cecil Calvert, enraged at the surrender of his authority in Maryland, ordered William Stone to seize the capitol and return the government to the proprietary.  The battle fought on the south bank of the Severn River in 1655, near Annapolis, resulted in the route of Calvert’s troops.  Surprisingly, Cromwell recognized the claims of Cecil Calvert and restored the Palatinate of Maryland to him.  Cecil Calvert then appointed Josias Fendall as governor in place of William Stone.  A revolutionary by choice, Fendall plotted against Cecil Calvert and led a rebellion to overthrow the Calvert Charter.  After the rebellion was quickly resolved and Fendall banished to nearby Virginia, Calvert then appointed his brother, Philip Calvert, as the new governor.  Within a few years Cecil Calvert sent his only son, Charles as governor."

FISHER, Philip, clergyman, born in Madrid, Spain, at the close of the 16th century; died in Maryland in 1652. Although he was known on the records of the Jesuit society and in Maryland as Philip FISHER, his real name appears to have been Thomas COPLEY. He was descended from an old English Roman Catholic family. When Lord Baltimore applied to the provincial of the Jesuits in England for missionaries, on behalf of the Roman Catholic settlers, Father FISHER furnished the means by which the first missionaries were sent out and maintained. He came to Maryland, 8 August 1637, accompanied by Father Thomas Knolles.

He was appointed superior of the mission, and obtained for it several thousand acres of land under Lord Baltimore's conditions of plantation. These lands were cleared and put under cultivation by his direction, and for two centuries met the cost of maintaining worship in these parts of Maryland. In 1639 his term as superior expired, and be was stationed at the chapel of St. Mary's, the capital of the colony, but resumed his office in 1642. During, the rebellion of Clayborne he fell into the hands of Ingle, Clayborne's lieutenant, who treated him as a criminal, and put him in irons. After being confined for some time, he was sent to England, where he was indicted under a statute that made it death for a priest ordained abroad to come into England. He pleaded that he had not come of his own will, and the judges directed an acquittal. He was, however, kept in prison for some time, and on his release was sentenced to perpetual banishment. On the suppression of Clayborne's rebellion he returned to America, landed on the coast of Virginia in January 1648, and made his way with difficulty to St. Mary's. The rest of his life was spent among his Indian converts.

PHILIP FISHER

(An alias, real name THOMAS COPLEY)

Missionary, born in Madrid, 1595-6; died in Maryland, U. S. (recte: British North America), 1652. He was the eldest son of William COPLEY of Gatton, England, of a Catholic family of distinction who suffered exile in the reign of Elizabeth. He arrived in Maryland in 1637, and, being a man of great executive ability, took over the care of the mission, "a charge which at that time required rather business men than missionaries". In 1645, Father FISHER was wantonly seized and carried in chains to England, with Father Andrew White, the founder of the English mission in America. After enduring many hardships he was released, when he boldly returned to Maryland (February, 1648), where, after an absence of three years, he found his flock in a more flourishing state than those who had opposed and plundered them. That he made an effort to enter the missionary field of Virginia, appears from a letter written 1 March 1648, to the Jesuit General Caraffa in Rome, in which he says: "A road has lately been opened through the forest to Virginia; this will make it but a two days' journey, and both places can now be united in one mission. After Easter I shall wait upon the Governor of Virginia upon business of great importance." Unfortunately there is no further record bearing on the projected visit. Neill, in his Terra Mariae (p. 70), and Smith in his Religion under the Barons of Baltimore (p. VII), strangely confound this Father Thomas COPLEY of Maryland with an apostate John Copley, who was never a Jesuit. Father FISHER is mentioned with honourable distinction in the missionary annals of Maryland, and, according to Hughes, was "the most distinguished man among the fourteen Jesuits who had worked in Maryland."

HUGHES, History of the Society of Jesus in North America (London and New York, 1907), Text, I passim; Documents I, part I; SHEA, The Catholic Church in Colonial Days (New York, 1886), 38, 46 - 47, 53; FOLEY, Records of English Province S. J. (London, 1882), VII, 255; DORSEY, "Life of Father Thomas Copley", published in Woodstock Letters, XIV, 223; Woodstock Letters, XI, 18 - 24; XII, 104 - 105; XV, 44, 47; OLIVER, Collections . . . Scotch, English and Irish Members of S. J. (London, 1845), 91, 92; RUSSELL, Maryland, the Land of the Sanctuary (Baltimore, 1907), 88, 125, 127, 156 - 159, 171 - 173; "Dict. of National Biography" (New York, 1908), IV, 1114.

EDWARD P. SPILLANE

Father Thomas COPLEY was the son of Sir Roger COPLEY of Gatton in Surrey and grandson of Lord Thomas COPLEY, Baron of Wellesley, whose wife was Elizabeth Shelley, sister of Sir William Shelley, last English Lord Prior of Saint John's in Jerusalem. The mother of the Maryland missionary was Margaret Prideaux, daughter of a gentleman of Norfolk and she was daughter of Margaret Giggs, who figures in the old annals as the godchild of Sir Thomas More and the intimate friend of Margaret Roper. Her picture appears with arms twined about Margaret Roper in Holbein's famous canvas of Sir Thomas More, his family and friends.

The annual letter of 1545 records "That the Civil war then cruelly raging in all the English Counties has extended even to Maryland, where some fanatics to curry favor with parliament have carried off two of our fathers, namely Philip FISHER and Andrew White." Both suffered imprisonment in London but were finally acquitted. Father COPLEY returned to Maryland but years and infirmity weighed heavily on Father White, and he remained in his own country where he died three years later. In 1648 we find Father COPLEY again at his post as superior of the Maryland missions, the headquarters of which he had moved from Saint Mary's to Saint Inigoes. Father Laurence Starkey was at Saint Mary's in 1652 when Claiborne and the Puritan Party took possession. From that time until the Declaration of Independence closed the chapter of English rule in Maryland, the penal laws were enforced against Catholics with greater or less rigor as public policy dictated. There is abundant testimony to prove that intrepid priests continued to minister to their scattered flocks after penal law had superseded the broad charter of religions liberty under which Maryland had been founded. The zeal and charity of these missionaries, their disregard of earthly comforts and rewards, their patience under cruel and unjust persecution, their heroic devotion to duty through hitter poverty and constant peril are known only through their results. What they did for religion and humanity was long ago recorded in the imperishable Book, but at the scene of their labors their very names, the place of their residence, the extent of their work have, except in rare instances, passed out of human knowledge, proving that "the world knows nothing of its greatest men."

                           The Acts of the first day

                     The Leiutent. grall taking his place, came and appeared personally

                     Capt: Thomas CORNWALEYS Esq, one of the Counsell of this Province
                     Capt: Robert wintour Esq: one of the Counsell of this Province
                     mr. John Lewger gent; Secretary, and one of the Counsell of this Province
                     Capt: Robert Evelin, gent, Commander of the Ile of Kent
                     mr Thomas GREENE, gent
                     mr William Bretton, gent
                     Capt: Henry ffleete, gent
                     mr Robt Philpott, one of the Counsell of the Ile of Kent, gent
                     mr. william Brainthwaite, gent
                     mr. John Wyatt, gent
                     mr. Robt CLERKE, gent
                     Richard Garnett senior, of Mattapanient, planter
                     Justinian Snow of St. Maries hundred, planter
                     Marmaduke Snow of St. maries hundred planter
                     ffrancis Rabnett of the same hundred planter
                     Sergt Robt Vaughan, highe Constable of St George's hundred
                     James Baldridge Sheriff of St. maries county
                     ffrancis Gray of St. maries hundred, carpenter
                     James Cauther of St. maries hundred, planter
                     william Lewis of St. maries hundred, planter
                     Thomas ffrancklin of St maries hundred, planter
                     Thomas Nabbs of St. Georges hundred, planter.
                     Sergt. Thomas Baldridge, of St maries hundred, planter
                     Edward ffleete of St maries hundred planter
                     Robert Perry marshall
                     John Price of St. maries hundred planter.
                     Thomas Morrison of St Georges hundred, planter.
                     Thomas Stent of St. Georges hundred, planter              

                     After, were summoned to appeare by vertue of writts to them directed;

                     mr. Thomas COPLEY Esq; of St. maries hundred.
                     mr. Andrew white gent:
                     mr. John Altham
                     Robert CLERKE gent of the same hundred. appeared for them & excused their absence by reason of sickness.

  Liber Z               Act of the second day; being 26th. January
    p. 17            Betweene the houres of eight and nine in the morning     

                                                   Assembled     

                     The Leiuetentt. grall        John Lewger       Robert Philpott

                     Capt Tho: CORNWALEYS        Thomas GREENE       william Brainthwaite    

                     John wyatt      Richard Garnett      Capt: Robt. wintour     

                     Robert CLERKE       Justinian Snow       Capt: Geo: Evelin     

                     Thomas ffrancklin       marmaduke Snow       ffrancis Rabnett     

                     James Baldridge       Robert Perry       John Robinson      

                     Edward ffleete       Sergt. vaughan       william Lewis

                                                 Summoned             

                     Thomas Hebden. and Capt: Tho: CORNWALEYS exhibited his proxie for him
                     John Richardson and Capt: Robt. Evelin exhibited his proxie for him

                     mr. Thomas COPLEY       and Robt. CLERKE made answere for them
                     mr. Andrew white              that they desired to be excused from giving
                     mr. John Altham                 voices in this Assembly, and was admitted.

                     John Price and ffrancis Rabnett exhibited his proxie for him
                     Nathaniel Pope and John Lewger Secretary exhibited his proxie for him
                     John medcalfe and william Lewis exhibited his proxie for him

10: ffebr [1637]:                                                                                            p. 30

        83    Shipped vpon the Saint margett by Robt CLERKE on
        27   the behalfe of his master, Thomas COPLEY Esq; one
         5   hundred and fifteene yards of truck-cloth; one dozen 1/2
        ——   of axes; I 4 small hatchetts; 4 dozen of knives; & 1
       1 15  dozen of howes; and are to be traded with the Indians
             of this Province; & the said Robt CLERKE doth acknow
       230   ledge himselfe in the behalfe of his said master to
        57   stand indebted vnto the Lord Proprietr in three hun-
         —   dred and fifteene pound Wt of tobacco due for the
       287   tenths of the said truck; if it shalbe exchanged for
         7   beaver, or corne without licence.

         7                                  Rob: CLARKE

         8

         6     a discharge given to the said Robt CLERKE for 100
        ——   brells of corne.
       315

16^th August 1650.

Thomas COPLEY Esq this day entred a demand of twenty thousand acres of Land due to him over and besides what is already entred.

August 25^th 1650. These presents testify that certain men's names lately delivered into the Secretary's Office by Thomas COPLEY Esq. were the true and proper Servants of Andrew White Esq one of the first Adventurers into this Province, and that he had divers other Servants whose names 1 know not for which there is undoubtedly at least eight thousand acres of Land due to the Said M^r White and his Successors Successors upon the first Adventure into Maryland, And I doe further certainly beleive much more Land to be due to the Said Gent for severall Other great Adventures made by them into this Province, whose names I cannot Suddenly remember, upon the latter Conditions, for I doe avouch first and last the Gent aboves^d have transported at least Sixty persons into this Province.

Tho GREEN

Nouember 6th This day came Robert CLARKE of this Prouince gent and accknowledged hymselfe to haue giuen one browne bobetaled Cow commonly knowne by the name of five pints, both eares cropt and the left eare slitt in the crop to his sonn John CLARKE to his owne use from this day for euer to aduance hym a portion And in my prsence at the same tymne and day made ouer to his daughter Mary CLARKE one black and white pied heifer about two yeares ould Commonly knowne by the name of py, cropt in the rite eare and two slitts in it: the left eare slitt only, to her owne vse from this day for euer to advance her a portion:        Robt. CLARKE

                                  Recog:  cora me

                                   Tho: GREENE Gouen.

Adjoining this lot on the south, was "Brent's Forge," while still further south was the residence of Mistresses Margaret and Mary BRENT (sisters of Giles BRENT). The latter lot was patented in 1639 and was called "Sisters' Freehold."

Adjacent to this property on the south, was the residence of Governor Thomas GREEN. It was patented in 1639 and was called, at first, "Green's Rest" and, later, "Saint Ann."

All of these houses stood near the river, and were located in what is now known as the "Rectory Field" the site of which, as well as the graded slope from the house to the river, can still be clearly seen.

The house of Governor GREEN ¾ a two-story frame building with brick gables ¾ was occupied as late as 1820 and its brick chimneys were standing within the recollection of many persons still living.

In the same general locality, but further inland, and bordering on Saint Andrew's Creek and Saint Inigoe's Creek, were, "Town Land," the residence of Robert CLARKE, Surveyor General; "Lewis Neck," the residence of Lieutenant William Lewis, subsequently of Daniel Clocker; "VAN SWERINGEN Point," the residence of Garrett VAN SWERINGEN, subsequently of Clerk of Council, Robert Ridgely; "Saint Peter's Key," the residence of John Harris, subsequently of William Goldsmith; and "Cross Neck," the residence of Elizabeth Baker who devised it, in 1701, to William and Mary (Protestant Episcopal) Parish.

About midway between Robert CLARKE 's, and the intersection of Middle and Mattapany Streets, and near the latter street, was one of the principal taverns of the City in the latter part of its history. It was owned by Garrett VAN SWERINGEN in 1671 but was shortly afterward destroyed by fire. It was rebuilt, however, and in 1698 was known as "The Coffee House." He also owned, in 1698, the house at Saint Mary's called "The Council Room."

South of Saint Andrew's Creek, and on the promontory which formed the southern arm of Saint Mary's Harbor, was the house of Chancellor Philip Calvert. It was known as "the Chancellor's Point" ¾ the name it still retains. It was a singularly commanding and beautiful situation, but nothing remains, save the name and a few fragments of its ruin, to mark the spot where once stood the historic home of Maryland's first Chancellor.

Adjoining "Chancellor's Point," on the east, and bordering on Saint Inigoe's Creek, were "Clocker's Fancy" and "Justice's Freehold," the residences respectively of Daniel Clocker and William Deakins.

            Commission for Surveyor                                                              Liber C. B.
                        General      

Cecilius Absolute Lord and Proprietor &ca to our trusty and well Beloved Robert CLARKE Gent we having had experience of your fidelity and industry in the maintaining of our undoubted right and title to that our Prove of Maryland and being Confident of your integrety & Ability in and for the execution of the Office hereby by us intended to be conferred upon you do by these presents out of our especial favour to you Constitute and appoint you the said Robert CLARKE to be our Surveyor General of all and singular our Castles Lordships Mannors Forests Chases Parks Messuages Tenements Lands Woods Rents Revenues Possessions and Hereditraments whatsoever within our said Province of Maryland as well within Liberties as without to have and to hold enjoy and Exercise the aforesaid Office by your self or your sufficient Deputy or deputies during our pleasure with all Vails, fees Regards Advantages Profits and Allowances whatsoever to the said Office belonging or appertaining as fully and intirely and in as ample manner and form as any other of our Surveyors ever had held or enjoyed the same or as any Surveyor of the Province of Virginia had held or enjoycd the like Office of Surveyor General in the said Province of Virginia Commanding also and by these presents firmly enjoyning all and singular our Sheriffs and other Officers and Ministers and all other People within our said Prove of Maryland that they be assistant and aiding to you the said Robert CLARK and your Deputy or Deputys in the Execution of the said Office from time to time as Occasion shall Require and becometh them so to do Given at Bath under our hand and Greater Seal at Arms the twelfth day of August in the 17th Year of our Dominion over our said Province of Maryland Annoq Dom 1648

Undoubtedly a considerable number of these were also Roman Catholic.

The experienced "old guard" assumed the major role in deliberations. Fenwick, CLARKE, and GREENE possessed the knowledge reflected in the subsequent manuevering, and as Catholics historically close to the Jesuits, they remained the most concerned about the implications of many of the bills.

1641: St. Lawrence's. 50. Surveyed July 1641 for Robert CLARKE the SURVEYOR and assigned to Philip West. No possessors or claimers of this land; and the record is torn or lost, whereby it might be found where it lies. This is found numbered 3-29-5 on the map by Russell R. Menard, St. Mary's City Commission, 1971. It was land given to Robert CLARKE the SURVEYOR for transporting himself to America.

There is a tract of land in St. Mary's Hundred called Nuttall. This 200 acres of land was surveyed in 1654 for Thomas CORNWALLIS. It was called Townland, Crosstown land, and Cross Neck. It lay mostly in the bounds of St. Mary's Hill Freehold, St. Mary's City. The number of the tract is 9-19-5 and is on the map which was made by Russell R. Menard, St. Mary's City Commission, 1971. Both parcels, Clarks Freehold and St. Laurence Freehold, were adjacent to a parcel of land called Nuttall. Robert CLARKE the SURVEYOR's son, Robert CLARKE, Sr., was constantly on record with John NUTHALL V, son of John NUTHALL IV and Elizabeth BACON, the original owners of the land called Nuthall and Cross Manor. [See Child 3: John NUTHALL V, under G0500A: John NUTHALL IV [of CROSS MANOR] in Antecedents and Descendants of John Nuthall of Cross Manor (1619 - July 1667).]

The Deposition of James Langworth aged about 22ty years Sworn and Examined the 18th day of ffebruary 1651 Saith as followeth Vizt

That Yesterday being the 17th day of this present Month Phillip Anther being in the house where this Depont liveth in New town in Company with Mr Robert CLARKE Richard Willan Mary the wife of John Greenway and this Depont the Said Phillip Anther Sitting upon a fforme by the table in the Sd house whereon there lay a Pistol of Mr Robert CLARKEs, And this depont comeing out of the Plantacon where he had been at work into the Said house, and Sitting down at the Said Table, and taking hold of the handle of the Said Pistol, the Muzie end thereof lyeing upon the table ask't the Said Mary Greenway who as this Deponent was told had but a little before Shott the Same off) whether there were any Shott in the Sd Pistoll when She Shot the Same off Whereupon Mr Robert CLARKE made Answer that it was charged with two Pistoll Bulletts when She Shott the Same off, Whereupon unawares to this Deponent who had only the handle of the Said Pistol in his hand as aforesd and the other end lyeing upon the table this Depont not Suspecting the Same to be then charged nor touching the tricker Soe far as he can remember nor knowing whether the Same was bent or not the Sd Pistol went off and on the dischargeing the Muzle thereof bounded upwards, and unluckily Shott the Said Phillip Anther through the Neck and Cheeke into the head, whereupon he Suddainly dyed, This deponent to the best of his Remembrance not Seeing the Said Phillips Anther in the Said house from the time he Soe Came into the Said house out of the Plantacon as aforesd till he was Soe unfortunately Shott whereupon he dyed as before is expressed and further this Deponent cannot depose

         Jurat die & anno Supradict coram me Tho Hatton

 The Deposition of Mr Robert CLARK and Richard Willan Sworn and examined the 18th day of ffebruary 1651 Say as followeth vizt

 That they were present Yesterday when Phillip Anther was unfortunately killed in the house where James Langworth and John Greenway now dwell by the discharge of a Pistol as is expressed in the Deposition of James Langworth taken this present day And these Deponents are both of them very Confident that the Said Langworth was far from any thought of doeing the sd Anther the least hurt at that time and are verily perswaded in. their Consciences the Said Langworth did not know nor Suspect that the Sd Pistoll was at that time Charged but that the Same went off unawares to him the Said Langworth or to any of the Company then present and further Say not

         Uterq Jurat die & Anno Supradict coram me
                                  Tho:  Hatton
 

 The Deposition of Mary the wife of John Greenway taken in open Court upon Oath the 20th day of March 1651 Saith

That upon or about the 17th day of ffebruary last Mr Robert CLARK being in the house where this Deponent liveth in an Inner Room of the Said house and having left a Pistol upon the table in the outward Room where this Deponent was about her occasions where in removeing the Said Pistol off the Said table the Same went off in this Deponents hands unawares. And this Deponent thereupon goeing out of the Said Roome upon her return thither again She found the Said M CLARK in the room where the Said Pistol Soe went off, who asked this Deponent why She Shott off his Pistol, whereupon this Deponent answered She did not know that She Shott the Same off, and the Said Mr CLARK thereupon asked her whether She Cocked the Pistoll whereupon She replyed noe or to that effect And the Said Mr CLARK not long after Charged the Said Pistol again putting a paper doubled into the panne, and being Soe charged laid the Same again upon the Table whereupon Phillip Anther was afterwards killed with the Said Pistol by James Langworth unawares as She verily believeth. His Lorps (= Lord Proprietary's) Attorney General this day declared by way of Indictmt Against Mr Robert CLARK and James Langworth thereby Shewing unto this Court that Phillip Anther late of St Maries County deceased being upon or about the 17th day of ffebruary last in the house of New town in the County aforesd where John Greenway and the Said Langworth then dwelt, was then and there by the Sd Robert CLARK or James Langworth or one of them or by their or one of their means defalt or Carelessness Shott into the head or otherwise by the discharge of a Pistol of the Said Mr CLARK's that he Suddenly thereupon dyed,The Said Pistol having been the Same day in the Same house but a Small time before unwittingly discharged by the wife of the Said John Greenway in taking the Same in her hand to her great affright and amasement Notwithstanding which fair admonition the Said Pistol was then presently again by the Said CLARK laden with powder and Shott and laid upon a table in the Said house where the Said Langworth Soon after comeing in and takeing the Same into his hands the Mischief before menconed thereupon ensued of which the Said Attorney was ready to make proof, And on the Ld Propriary's behalf prayeth that the Court would proceed against the Offenders in the premisses according to Justice and the nature of the Offence,That Soe his Lordp and the Government might be discharged in that behalf. And the Said CLARK and Langworth being thereupon brought to their Answered acknowledged in Open Court that the Sd Phillip Anther was accidentally and unfortunately killed by the discharge of Mr CLARK's Pistol in the hand pf the Said Langworth unawares without any thought or Intention in either of them of any harm to the Said Anther.

Whereupon by appointment of the Court a Jury was Impannelled for the tryall Vizt Lieutent Richard Bancks Lt Wm Evans Mr Phillip Land Edward Cotton William Whittle Mr John Lawson Mr John Lewger Henry Cox William Edwyn W ffrancis Brookes John Shertcliff and Walter Pakes who being Sworn in Open Court had their Charge given them upon their Oaths as followeth:

       The Charge of the Jury.

To give in a Just and true verdict to the best of your Judgmt and Skill upon the Evidence to be produced to you how and by whome Phillip Anther was killed and whether the Author or authors thereof did doe the Same Maliciously or willfully or else unwittingly and unfortunately, And if you find it only to be an unwilling and unfortunate accident without any Intention of Evill in the Actors In that Case to inform the Court by your verdict by whose carelessness means or defalt the Same happened and in what respect

After which the Said Jurors having Spent Some time upon the Tryall brought in their Joint Verdict in these words following vizt

         The Jurors Verdict

We find that Phillip Anther was accidentally and unwittingly killed by James Langworth. Neither doe We find negligence or carelessness in either party Upon which Verdict this Court after Some debate of the Matter thought flu and doth hereby acquitt the Said Robert CLARK in every respect touching Phillip Anther's death And doth ffine James Langwonth in that respect ffive hundred pounds of Tobacco and Cask to the Lord Proprietary, And doth Order him to pay all Court Charges

      1 April 1653 Execuc inde ad Satisfaciend

This ffine from Langworth was afterwards remitted by the Governor upon the Lord Propriary's Spl direccon
                                  Tho Hatton

CECIL CALVERT, THE SECOND LORD BALTIMORE
(8 August 1605 - 30 November 1675)
by Gerard Soest

From the original painting in the collection
of the Enoch Pratt Free Library, Baltimore, Maryland

Archives of Maryland, vol. 1, pp. 325 - 335
Assembly Proceedings: 1651

LETTER OF CECILIUS CALVERT, LORD BALTIMORE

August 26, 1651

Caecilius &ca To our right trusty and Wellbeloved Willm STONE Esqr our Lieut of our said Province of Maryland and to our right trusty and well Beloved the upper and Lower house of our General Assembly there and to all other our Officers and Inhabitants of our said Province Greeting. we cannot but much wonder at a message which we understand was lately sent by one Mr Lloyd from some lately seated at Ann Arundell within our said Province of Maryland to our General Assembly held at Saint Marys in March last but are unwilling to impute either to the Sender or deliverer thereof so malign a sence of Ingratitude and other ill Affections as it may seem to bear conceiving rather that it Proceeded from some apprehensions in them at that time grounded upon some reports in those parts of a disolution or Resignation here of our Patent and right to that Province which might perhaps for the present make them doubtful what to do till they had more certain intelligence thereof from hence and we hope they are as willing as we that we should so understand it wherein we shall be the more Confirmed if upon finding by Letters this year from their Friends here (and in particular from Mr Harrison those Rumours and Reports to be false (as they are) which we are inform'd were spread their by some ill Affected Persons they shall for the future Give us better Satisfaction of their intentions and integrety towards us not only by Conforming themselves with the rest of the Inhabitants to the General Government of that Province under which they did Voluntarily put themselves but also by Concurring in all reasonable things with us for the publick peace and happiness of that Province as well as for the firm establishment and preservation of our right there and especially in those Laws which their own Burgesses in a former General Assembly together with the other members thereof have already Consented unto and unto which we farther full Satisfaction sent last year our Assent with such alterations as they themselves desired as by our said Assent under our hand and Greater Seal at Arms transmitted thither more at large appears unto which we refer you (those Laws Providing as much for the Good and Security of the People their as for our own) in Consideration therefore of a better Compliance from those People with us and our Government there. for the future we shall not any further expostulate or make any further Reflection on that message till further occasion Given us by them which we hope we shall never have then by putting them only in mind that a Government divided in it self must needs bring Confusion and Consequently much misery upon all the People under it wherein the Authors of such Division if it should Continue which God forbid are like to have as Great if not Greater share in the end then any others whatsoever they may fancy to the Contrary the fomentors of discord may justly expect sad Calamatys from the same if they do not in time see and rectify the same which we Conceive our selves bound in Honour and Conscience and in Justice to Our self as well as for the publick peace and welfare of the People under our Government there to provide for as well as we can that is in the first place to admonish them thereof but if that will not Prevail then to make use of our Authority with the Assistance of well Affected Persons to Compel such factious and Turbulent Spirits to a better Compliance with the lawful Government there and accordingly we do hereby will and require you our said Lieutenant to proceed with all such as shall be for the future refractory in that kind and do also require as well Our Councill and General Assembly as all other our Officers and well Affected Inhabitants of our said Province to be aiding to you therein for the preservation of the publick peace and quiet of the People there and for prevention in time of such miserys and Calamitys which may Ensue upon such divisions and in case any of the English Inhabitants of that Province shall at any time hereafter refuse or neglect to send Burgesses to our General Asstmbly there being lawfully summoned for that purpose we will and require all the other members of our said Assembly which shall lawfully meet upon such summons to proceed as they ought and may lawfully do in all Business belonging to a General Assembly there notwithstanding any such Refusall or Neglect as aforesaid and to fine all such Refusers or Neglectors according to their demerits & moreover in case they shall wilfully persist in any such refusall or neglect as aforesaid after they have been admonished thereof by our Lieut of the said Province for the time being or such as he shall from time to time appoint for that Purpose then that they be declared Enemies to the publick peace of that Province and rebell to the lawful Government thereof and that in such Cases our Lieutenant and Council of the said Province for the time being according to our trust reposed in them do efficaciously proceed against them as such and use all lawful ways and means to reduce them to their due Obedience we also under stand that Sir William Barkely hath lately taken upon him to Grant a Commission to one Edmd Scarborough of Accamack in Virginia to seat Palmers Island within our said Province and to trade with the Indians in & through our said Province without any Lawful Authority deriv'd from us which so strange an usurpation upon our rights there as we cannot easily believe it to be true but in case the said Scarborrough or any other should presume upon pretence of any such Commission to seat or trade in or through any part of Our said Province without a Lawful Authority dcriv'd from us we will and require you our said Lieut according to the trust we have reposed in you to use your best endeavours to hinder him or them from so doing and to Seize upon his or their Persons Boats and Goods and to proceed against him or them according to the Laws of our said Province or in default thereof according to your best discretion for vindication of any such wrong done to us and preservation of our just rights there and we will and require our said Council General Assembly and all our Officers and other the Inhabitants of our said Province to be aiding and assisting to you therein as occasion shall require and whereas we understand that in the late Rebellion there One thousand Six hundred Forty and four most of the Records of that Province being then lost or embezzled no Inrollment remains now there of divers Pattents of Land formerly Granted by us in that Province which may hereafter prove very prejudicial not only to us and our heirs but also to the Pattentees of any such Lands & their Heirs and Cause many suits and Controversies in case their Pattents should by any accident be lost We therefore for Prevention thereof do hereby will and require you our said Lieutenant to issue out a Proclamation there requiring all Persons within a Certain time by a certain time therein to be prefixed to produce to our Surveyor General or his Deputy there all such Pattents from us bywbich they or any of them respectively Claim any Land with in our said Province & that thereupon a true List thereof be delivered unto you and to require our Secretary there also to Give you a List of all such Pattents of Land formerly Granted by us are now remaining upon record whereby upon Comparing the said Lists together you may see what Pattents are not remaining upon record and to require all such Persons as Claim any Land within our said Province by virtue of any such Pattents not now remaining upon record there to Cause them to be inroll'd •in our Secretarys Office there within some Convenient time to be limited by you in the said Proclamation for that Purpose and whereas we understand that Certain Indians of several nations to wit the Mattapanians the Wicomocons the Patuxants the Lamasconsons the Kighahnixons and the Chopticons desire to put themselves under our Protection and to have a Grant from us of a certain Tract of Land in the head of Wicocomico River called Choptico Resolving there to live together that they may neither injure the English nor the English them the said quantity of Land being as we are informed about eight or ten thousand Acres which we Conceive may be a means not only to bring them to Civility but also to Christianity and may Consequently be as well an Addition of Comfort and Strength to the English Inhabitants as a safety and protection to those Indians who having been Natives and former Inhabitants of that Part of Our said Province where the English now Inhabit and not only always well affected unto them but also willing to Submit themselves to our Government we Esteem our Selves bound in Honour and Conscience to allow them according to their desire some place of Habitation there by a Title derived from us and have therefore thought fit for that Purpose and do Accordingly hereby authorise and require you Our said Lieut to Cause by a declaration and Command in Our Name under the Great Seal of our said Province as the said Indians above mentioned shall (with the Approbation of You and Our Surveyor General there) make Choice of to be Erected into a Mannor for the use of us and of our heirs for ever with Court Baron and Court Leet as Occasion shall require in & for the Mannor and to be Called by the Name of Colverton Mannor of which Mannor our Pleasure is that a thousand Acres in the first Place be made Choice of by our Surveyor General there in the best and most Convenient place of the said mannor and set apart as the demesnes thereof to be reserved for the only use of us and of our heirs and we do hereby Authorise and appoint our Surveyor Genl Robt CLARKE Gent to be our Steward of the said Mannor and in Our name to keep Court Baron and Court leet as Occasion shall Require in and for the said Mannor and on our Behalf Grant by Copy or Copies of Court Roll Copy hold Estates for one two or three Lives of any Part of the said Mannor except the Demesnes thereof to any Indian or Indians that shall desire the same and as he our said Steward with the Approbation of our said Lieutenant shall think fit to be held to be held of the said Mannor upn such services to be done to us and our heirs by such Copyhold for the same as Our said Steward with the Approbation of Our said Lieut Shall Also think fit Provided that no one Copyhold Exceed Above fifty Acres unless it be to the Werrowance or chief head of every of the said Six Nations above mentioned Respectively And not to any of them above two hundred Acres a piece And that upon every Copy so to be Granted there be Reserv'd a Rent of One shilling sterling or the Value thereof to be paid yearly to us and Our heirs for every fifty Acres of Land Respectively to be Granted as aforesaid and so proportionably for a lesser or a Greater Quantity of Land which Copy hold Estates so to be Granted by the said Robert CLARK Steward of the said Mannor upon such terms and Conditions & not otherwise as aforesaid we do for us and Our heirs hereby fully ratify and Confirm to every of the said Copyholders respectively and do hereby declare that they shall be as Valid in Law to every of them respectively against us and Our Heirs as if we Ourself had immediately Granted the same And as if every One of the said Copyhold Estates respectively had been passed unto every respective Copyholder by a Grant under Our Great Seal of the said Province any former Commission Instruction or Declaration of ours to the Contrary in any wise notwithstanding and whereas by the third Article of Our last Conditions of Plantation for the said Province dated the second day of July One thousand Six hundred and forty nine there is allowed One hundred Acres to every Adventurer or Planter for every person of British or Irish descent transported thither as by the said Conditions unto which relation being had may more at large appear We understand that it may in divers respects be prejudicial to the General Good of that Colony in case so Great allowance of Land should be long Continued to all that shall hereafter Come to Plant there because by that means the People will be too remotely scituated from one another and the whole Province perhaps in a short time be taken up by a few People leaving little or no Conveniency for others to Come and add Strength and Comfort to them and therefore according to the advice of you our said Lieutenant we have thought fit hereby to declare that instead of One hundred Acres expressd as aforesaid in the said third Article of our said Conditions there shall be only fifty Acres of Land within our said Province allowed to any Adventuror or Planter for or in Respect of any person of British or other decent which shall be transported thether from and After the twentieth day of June One thousand Six hundred fifty and two which Our will and Pleasure is shall be Granted to every Adventurer and Planter respectively upon such terms and Conditions and for such proportionable Rents to be paid to us and Our heirs as are expressed in our said last Conditions of Plantation which in all other things we will shall Stand in force till we or our heirs shall declare Our Pleasure to the Contrary with such Alteration of the Oath of Fidelity therein expressed as we have formerly agreed unto by our declaration dated the sixth of August in the nineteenth year of Our Dominion over the said Province and in the year of Our Lord One thousand six hundred and Fifty and Transmitted thether the last Year and we will and require You our said Lieutenant to pursue our directions herein accordingly (our said former Conditions of Plantation or any former Commission warrant or Instruction to the Contrary notwithstanding and for the better publication and rememberance of the bounds between Virginia and Maryland and Prevention of any Controversies which may otherwise hereafter happen between the Inhabitants of Virginia and those of our said Province about the same we Require you our said Lieutenant to encourage some English as soon as you can to take up such Land as shall be due unto them in our said Province by virtue of Our Conditions of Plantation or other warrant from, us Near to the Bounds of our said Province according to the Mapps thereof which we sent thither about two years Since and Accordingly to pass Grants in our name under our Great Seal to such as shall desire the same of so much land in those parts of Our said Province as shall be due unto them as aforesaid especially on or near the Bounds of our said Province on that Tract of Land which is Commonly Called the Eastern Shoar lying between the Bay of Chesopeak and the Sea and also on or Near the Bounds of Our said Province that Tract of Land which lyeth between the Creek or River that runneth by Patowmeck Town called in the Mapp Patowmeck River on the South and the River which runneth by Piscattoway (called in the Mapps aforesaid by the Name of Piscattoway River on the North) in which last tract is included as we are informed that place where Mr Giles BRENT now resides called by him peace and also the Country called there the Doages and for the better Encouragement of English to make Choice of their dividents of Land and to seat themselves in the places aforesaid we do hereby Authorise and Require you our said Lieutenant to Grant in our Name under our said Great Seal to any Adventurer or Planter that shall make Choice of his dividend and Seat a Plantation of English either on the said Eastern Shoar or on that Tract of Land wherein the Doages is included as aforesaid One hundred Acres of Land in any place of either of those two parts of our said Province to him and his heirs forever for or in respect of Every Person of British or Irish descent which he shall transport from other parts into our said Province according to our last Conditions of Plantation above mentioned and upon such terms and Conditions as are therein expressed which we will shall Continue in force in all things to those two last mentioned parts of our said Province till we or our heirs shall declare our further Pleasure to the Contrary any thing herein Contain'd to the Contrary in any wise not withstanding when we made Capt William Mitchell one of our Council of State in that Prove (which we were induced unto by his ability of understanding we Concciv'd that he would have been a Good Assistance to You our said Lieutenant and the rest of Our Council for the better Conduct of Our Government there and did hope that according to his Serious Professions to us he would not only by his advice but also by his Example of Life have Conduced much to the Advancement of that Province as well as to) our honour and his own Reputation but Contraryly it seems he hath not only fomented Divisions but also lived a most Scandalous life whilst he was there with certain women which he carried from hence with him there leaving his wife here in a miserable Condition (all which was unknown to us till of late since his return from those Parts) and did likewise whilst he was there most prophanely in publick discourse profess himself of no Religion of all which we have by several Evidences here as well as from thence so good Proofs as we find upon our Charging him therewith since his return from thence hither he cannot make any good Justification of himself therein Wherefore we do much lament our Misfortune in Giving him any Countenance or Authority who hath so much abused the same by dishonouring us and Our Government there as much as in him lay and have thought fit to discharge him thereupon from being any more of our Council of State there as we do by these Presents declare him to be discharged from it and also from all other publick Authority of Justice a Peace or otherwise whatsoever in our said Province requiring you our said Lieut not to permit him hereafter if he shall return again into our said Province to act there in any thing for the future as one of our Council of State or Iustice of Peace of Our said Province and for the more timely Prevention of any such high Offences to Almighty God and such dishonour to us and our said Government hereafter as aforesaid by any in eminent Authority there We do hereby declare that in case any Person who is or shall from time to time be of our Council of State or Commander of a County or Justice of Peace in our said Prove shall (which God forbid) and we hope will never more happen) after the publication hereof there live scandalously and Viciously with any Lewd Woman or profess himself of no Religion and shall be legally Convicted of either of the said Crimes by his own Confession or the Testimony of two Sufficient witnesses or shall he twice legally Convicted by his own Confession or the testimony of two Sufficient witnesses of being an usual drunkard Swearer or Curser we do authorise and Require our Lieutenant of the said Province for the time being to suspend any such Person from being of our Council of State Commander of a County or Justice of the Peace in our said Province and in the Room of any such Commander of the County so Convicted and Suspended to appoint some other able and fit Person to be Commander of that County whereof any such Person so Convicted and Suspended as aforesaid had Command till the Cause or Causes of such Suspension in every of the Respective Cases aforesaid and Proofs of the Suspended Persons misdemeanors be Certified to us (which we require our Lieut in such Cases from time to time to Certify us of with all Convenient expedition) and until Our further Pleasure be known therein either for the discharging or restoring any Person which shall be so suspended as aforesaid willing and Requiring you our said Lieut as you tender the Glory of God our Honour and the publick welfare of that Colony to be very diligent and Circumspect in discovery of any such scandalous and evil Comportments and Misdemeanors for the future of any of our said Council Commander of a County or Justice of Peace in our said Province as afd and to proceed with any Offender in that Kind as you are hereby required and directed and to Cause them also to be further punished according to the Laws of that our said Province in such Cases Provided and we require all those of Our said Council from time to time to Give their due Attendance on our said Lieut at all General Assemblys and Provincial Courts in our said Province for the better Conduct of the publick Affairs and Administration of Justice according to the Great trust reposed in them by us by which due performance of the duty of their calling they will much endear us unto them and not only Advance therein our honour and the publick happiness of that Colony but also their own reputation but in case any of our said Council being duly summoned by our Said Lieut there for the time being to Give his Attendance On him at any General Assembly or Provincial Court in our said Province should so much forget him self & Us & the Good of that Colony as without Leave from Our said Lieutenant or some Iustifiable impediment to forbear to Come or be absent any day from the said Assembly or Court we will and require to proceed against Such Person of Our Council who shall so forbear to Come or Absent himself as aforesaid by fining him according to the Laws of Our said Province or in default thereof according to the best discretion of him our said Lieutenant and the rest of Our said Council or the Major Part of them who shall then be present in any Such Court or Assembly when any such Person shall so absent himself as atoresaid and furthermore that Our said Lieutenant do Give us notice of any such neglect of any of Our said Council and send us Good Proof thereof to the end we may as we see Cause put others in their Room who will Give better attendance on the publick Affairs there and whereas we find that some ill Affected Persons to us and the publick peace of that Colony do every Year by publishing there many false Reports Concerning us and our Affairs as well as by other Subtil Means endeavour to disquiet the minds of the People there and to infuse Jealousies and doubts in our Officers & others thereby to breed diffidence and division if they can between us and them as well as amongst themselves which may in time prove to be of dangerous Consequence to the Ensnarement of divers honest men whose intentions are Good were they not so deluded we do therefore will and require you our said Lieut and Council to use your best Endeavours upon all Occasions for the timely supression of all such false Rumours and Reports as aforesaid and to find out the Authors and Publishers thereof and to Cause them to be Punish'd According to their demerits and we also Recommend it to the Consideration of our General Assembly there whether it be not Convenient to make a Law in that Province as there is in England for the punishment of all such as shall publish false news to the disturbance of the minds of the People and the publick peace for the better prevention of the Mischiefs which by Experience have been found to be Caused thereby not doubting but our said Assembly will be as sensible of any dishonour or wrong which may be done unto us by any such false Reports as we are and ever shall be of any Prejudice which may happen by that or any other way to them or to any of the Inhabitants of our said Province for the better Manifestation whereof and of our mind in all Other things herein Contained we have thought fit and do hereby will and require our Lieu tenant of our said Province of Maryland for the time being to Cause this our declaration to be read to the upper and Lower house of our General Assembly there and to be published at the usual Places of Publishing Our Ordinances and Edicts in our said Province Given under our hand and Greater Seal at Arms the six and twentieth day of August in the twentieth year of Our Dominion over the said Province and in the Year of Our Lord One thousand six hundred fifty and one

Liber No. 7, "Early Settlers," folio 568:

Mr. Robert CLARK, on the behalf of Winifred, his wife, late wife of Thomas GREEN, Esq., deceased, and her children by the said Mr. GREEN, demandeth 400 acres of land for the transportation of four servants into this Province before the 10th of June, 1652, viz William Woodroffo, William Harford, Thomas Pritchard and Dorothy Kitchen, warrant E. o. d. (the same day) to lay out for Mr. Robert CLARKE and his wife 500 acres of land in any part of the Province, not formerly taken up, returnable March 25 next. Dated November 16, 1654.

Lord Baltimore, upon hearing of the Puritan takeover of his colony, rebuked Governor STONE for turning over the government to the Puritan Commissioners without a struggle. Thereupon Governor STONE and a force of 130 Marylanders proceeded to Annapolis to attempt to reclaim the colony for Lord Baltimore. In the battle of Severn on March 25, 1655, STONE's forces were subjected to attack from both land and sea and were defeated by the Puritans. About fifty Marylanders were killed or wounded and the rest were taken prisoners. Contrary to the Puritan Promise of "quarter . . . to all who surrender," the death penalty was ordered for the leaders of Lord Baltimore's men, St. Mary's County citizens: Governor William STONE, Col. John Price, Maj. Job Chandler, William Eltonhead, Robert CLARKE, Capt. Nicholas Guyther, William Evans, Capt. William Lewis, John Leggat, and John Pedro, the last a German "which did live with Mr. Eltonhead." The lives of some of the condemed men were spared. However, at least three men ¾ William Eltonhead, Capt. William Lewis, and Thomas Hatton, Lord Baltimore's Protestant Secretary ¾ were executed.

Among the other reprisals taken against the defeated Marylanders was the expulsion of the Jesuit missionaries who, ironically, took refuge in Virginia. Although flight may have temporarily prevented their murder, the Jesuits suffered the plunder of their houses and the loss of their books, furniture, and other possessions. Other countians suffered reprisals in the form of fines for their involvement in the attempt to regain the colony for Lord Baltimore. Capt. Price, William BOARMAN, John Dandy, John JARBO, James Langworth, Josias Fendall, Thomas MATHEWS, and Robert CLARKE were some of those cited for their participation in the "last Rebellion."

Matthew Howard, who was descended from English royalty but never spoke of it, had tried to arbitrate with the governor. Actually, the Parliament of England had granted toleration to those of Christian faith in the year 1645. Yet, the Virginia governor would not hear of it.

Matthew Howard joined the colonists in Maryland and his daughter, Mary, married John Hammond. Both men fought in the Battle of the Severn against the St. Mary's City men whose expedition to reduce the settlement was put down at Horn Point, now in Eastport March 25,1655. Governor STONE was captured, and 20 of his men were slain. This victory assured Puritan ascendancy for two years while Oliver Cromwell was Lord Protector in England.

Finally, Lord Baltimore reached an accord with Cromwell in 1657 and reasserted control over Maryland. Religious disputes became less important than economic issues for 30 years, and Providence slowly grew into a tobacco shipping port. It was known as the "Town of Proctor's" after Robert Proctor, who purchased Todd's Landing, now the downtown section of Annapolis, first granted to Thomas Todd.

After the Glorious Revolution of the Protestants in England in 1688, Protestant Marylanders overthrew the government of the Catholic Calverts in 1689. King William responded by annulling the Calvert Charter and declaring Maryland a royal colony. He dispatched Sir Lionel Copley as governor, succeeded by Francis Nicholson.

At the urging of Nicholson, the Maryland Assembly voted in 1694 to remove the capital of Maryland from St. Mary's to Anne Arundel Towne, which in the following year was renamed Annapolis after Princess Anne, sister of Queen Mary. Nicholson awarded contracts for the building of a church, a state house and a school, and laid out the baroque street plan distinguishing Annapolis still today. In 1697, a visitor reported that Annapolis could boast 40 dwelling houses, seven or eight of which can afford a good lodging for stingers.

The year 1649 saw many critical steps in the developement of Quakerism in both England and Maryland. In England, Charles I. was beheaded. Puritanism was on the rise for years and was in complete control. But throughout the Northern Counties, George Fox, and his increasing number of Friends of Truth were, approaching the creative movement of Quakerism. In Maryland the General Assembly passed the now famous Act Concerning Religion in which, for the first time in the world, freedom of conscience in religion with full civil rights were guaranteed. Also in 1649, Cecilius, Second Lord Baltimore, through his resident governor, William STONE, offered sanctuary to all Virginia settlers who were being forced to leave that Crown Colony because they would not obey its strigent laws compelling conformity to the established Church of England. They sought freedom, both civil and religious, in Maryland.

The earliest settlers that were non-Catholic, who came into Maryland, settled on the Western Shores of the Chesapeake Bay, between Herring Creek on the South and the Magethy River on the North. This area became known as the Providence and at the junction of Severn River and the Chesapeake Bay become a popular location (New Annapolis). In 1650 the General Assembly of Maryland changed its name to "Anne Arundel" County. It was the third county in the precedence of counties and was named for the former Lady Anne Arundel, the wife of Cecil Calvert, the Second "Lord Baltimore," the founding proprieter of the colony. The new county was, divided into Hundreds, extending from the Bay to the Patuxent River. At the far South was Herring Creek Hundred. Then came the West River and the South River Hundreds respectively. Middle Neck Hundred lay between South River and Severn River, while the Bread Neck Hundred extended from the Severn River Northward. This River was named by the early settlers of the area but Lord Baltimore's Government favored the name of "Anne Arundel" and for many years it was refferred to as the "Anne Arundel" River alias the Severn.

A number of Virginia Puritans, with Richard Bennett at their head, sought refuge in Maryland. They were kindly received and settled at a place which was called Providence, near the present City of Annapolis, in Anne Arundel County. They were no sooner seated in their new habitation than they refused to take the Oath of Fidelity to the province, which the law required from all immigrants to obtain patents for their land. They declined this oath, "Because it was an Oath" said one of their defenders, "to support a Government which upholds antichrist," that is, which secured freedom of conscience to Catholics and Episcopalians as well as to themselves.

They formed themselves into a community-government by their own congregation, a Church System, occupied the 'land without grants, and had no recongnized connection with the Colony," until July 1650, when their settlement was erected into a county and a commander and a "Justice of the Peace" were appointed, as was in Kent and St. Mary's Counties.

In July 1650, Governor William STONE, visited the county and appointed Edward Lloyd as commander and James Homewood, Thomas Marsh, George Puddinton, Matthew Hawkins, James Merryman and Henry Catlyn as Commissioners. Commander Lloyd was empowered to issue warrants for land to which new settlers were entitled and which later could be converted into patents from Lord Baltimore. However, this right was withdrawn December 18, 1652.

Richard Bennett, a Virginia Puritan who came to Anne Arundel County is credited with having come into Maryland about the time that Anne Arundel County was formed in 1650. In 1651, he claimed about 250 acres of land on Towne Necke, at the Mouth of Severn River, for himself and one of his followers. This is the basis for the belief that the first settlement in the Severn River area was on Towne Necke, later Greenbury Point. Bennett was named a Parliamentary Commissioner and in 1652 he and William Claiborne first seized the Maryland government,

William Claiborne, a Puritan Opportunist and a known enemy of Lord Baltimore, and Richard Bennett sezied the Maryland government again in 1654 and created a government, appointed several men as its governing body, and then returned to Virginia. Among these men were William Fuller, Richard Preston and William Durand, who virtually controlled the resident Puritan government of Maryland from 1654 until the government's restoration to Lord Baltimore in 1658.

Captain William Fuller had the added authority of being commander of the military forces and was often referred to as "Governor." All three soon became convinced Quakers, and ironically, Richard Bennett himself also . . . was convinced by William Edmundson in 1672.

In March.1655, Maryland forces from St, Mary's sailed up the Chesapeake Bay to confer with the resident Virginia-dominated government forces of Fuller, Durand, and Preston. Instead of a conference, the meeting resulted in the so-called battle of the Severn, fought on Sunday, March 25, 1655. Contemporary accounts of the affair obviously are biased and contradictory. The Fuller forces aided by a large armed merchant vessel were victorious, losing but two men killed on the battle field, while the Marylanders of St, Mary's lost about fifty men slain or wounded and only four or five escaped. The disparity in casualities leaves room for speculation as to what actually happened on that bloody Sunday. It is not know how many of the local settlers, who only a few years before had sought refuge and had been welcomed to Maryland, fought with the Puritans.

At a Court holden the fifth day at october 1655

        Capt Wm ffuller              mr John Hatch
        Present  Willm Durand              mr Woodman Stockley
        mr Edward Lloyd              mr Thomas Meeres

Robert CLARKE gent hath openly in Court Confessed himself to be a Roman Catholick owning the Popes Supremacy      

Whereas Robert CLARKE gent being fined tenn thousand  pounds of Tob to the Lord Protector for the Publick as by order of Court holden at Providence appeareth and being  required to give Security according to the Said order pleadeth  his debility of Estate; The Court doth accept of three thousand pounds of Tobacco and Caske out of the Bills in the hands of Iames Veitch, And the Plantation of the Said Robert CLARKE Scituate in Brittaines Bay in full of the Said debt by fine.

At a Court held at Putuxent the 21th of march 1655

                Capt William ffuller. mr Iohn Hatch
         Present mr Richard Preston mr Woodman Stockley
                mr Michaell Brooke mr William Parrett

Whereas Robert CLARKE Gent hath Petitioned to this Court for Some Reliefe in his Exceeding deep distresse not having any way of Subsistance for himself and Children the Court taking it into Consideration have thought fitt and ordered that the Platation of the Said CLARKE formerly made over unto the Publick for part of Satisfaction of a fine Imposed upon the Said CLARKE for his late rising up in Armes and other Great Crimes at that time Committed be delivered into the hands of him the Said CLARKE for his present Seliefe without wch he is Likely to Perish, and further if the Said CLARKE Shod Sell the Said Plantation, that then he is to pay the one half of what it Shall be Sold for in part of the Said fine when it Shall be demanded.
____________________________

Court and Testamentary Business: 1657 (Archives of Maryland, vol. 10, p. 534)

At a Provinciall Court held at Putuxent for the Province of Maryland

The Same Court Continued the 26 of Septembr 1657

Present as the day before.

                   mr Rich: Preston    Mr John Lawson
                   Mr Ed: LLoyd    Mr Iohn Pott
                   Mr John Hatch    Mr Will Ewens
                   Mr Sam: Withers    Mr Thom: Thomas

Order Granted to Mr Robert CLARKE for Certaine Bills

Whereas mr Robert CLARKE hath by Petition Shewed to this Court, that he delivered into the hands of James Veitch Sheriffe, So many bills for Tobacco due unto him the Said CLARKE as amounted to five thousand Six hundred pounds of Tobacco or thereabouts Some part of it towards the payment of his fine, and the rest to be paid to mr John Norwood Sheriffe of Providence in part of ffees due to him, And fforasmuch as the Said CLARKE Declaring unto the Court his Sad and poor Condition by reason of many Engagements, and desired reliefe therein, The Court taking his Condition into Consideration hath ordered that the Said James Veitch after Satisfying himself and the Said mr Norwood all their Just and due Claime out of the Said Bills formerly delivered (wch the Said Veitch is to do at the next Court, and bond given by the Said CLARKE for So much Tobacco, as the Sd Bills were given in for his fine Shall deliver the remaining part of the Bills or accompt of them unto the Said CLARKE

Mr Robert CLARKE aged fortie Six yeares or thereabouts Sworne and Examined this 4th of November 1657 Sayeth that he this Deponent bought of mr William Eltonhead one Servant for two thousand pounds of tobacco which Said Tobacco mr Eltonhead turn'd over to mr Thom: Marsh, and this Depont farther Sayeth that he Stood Debtor in mr Marshes booke near two year for the Same And farther this Deponent Sayth, that when mr Marsh made up his accompt with this Deponent, that he the Said mr Marsh did not Charge the Said debt of two thousand to this Deponent. And farther this Depont Sayth not

                                       Robert CLARKE

Archives of Maryland, vol. 41, p. 194

Provincial Court Proceedings, 1658

Archives of Maryland, vol. 41, p. 195

Provincial Court Proceedings, 1658

Archives of Maryland, vol. 49, p. 60:

Thomas married Ann COX in 1634 and they built their home, known as "St Anne's" on Green's Freehold. Their home was located in the Townland plantation about a half mile east of St Mary's City. It was bordered by St Mary's River and St Andrew's Creek and St Thomas' Lot, or the sister's Freehold, the home of Margaret and Mary BRENT. Thomas was residing here when he received a patient for Green's Freehold on October 15, 1639. The house was a two story building, with frame sides and brick gable ends and was reported to still be in existence in 1820. Thomas sold the plantation to George Brinks in 1644.

Thomas was summoned by Govenor CALVERT and in 1639 formed a council which later would become the Council of State, of which Thomas was a member.

By 1640, Thomas had received a grant for 1500 acres which comprised part of Kent Island and the whole of Popley's (Popular) Island. Thomas named this after his ancestral home of Bobbing Manor, Kent, England and gave him the title of Lord of Bobbing Manor. He sold Bobbing Manor on February 8, 1650 to Thomas Hawkins of London.

In 1644 the colony was in turmoil. Richard Ingle was accused of treason against the king and escaped. He returned the following year and invaded and captured St Mary's City. At this time many of the colonist took refuge in Virginia, while Ingle and his adherents plundered and destroyed the homes and possessions on the colonists. Govenor CALVERT raised a force of Virginians and Maryland and reclaimed the town. CALVERT offered a pardon to those who took the Oath of Fidelity.

Governor CALVERT died on June 9, 1647, but before his death he had selected Thomas GREEN, a council member, as his successor. Thomas was the second Provincial Governor of Maryland. During his term, GREEN prevented an attempt to disturb the peace of the colony. He issued warrants prohibiting entry into the colony by the Protestants adherents and monitored the Indian troubles. In 1647 he expanded the militia due to the trouble with the Nanticoe and Wicomico Indians.

On January 17, 1648, Margaret BRENT, perhaps the earliest advocate of woman's suffrage, demanded to have a vote in the house. This request was denied by the Court and Governor GREEN denied her the right to vote.

Governor GREEN's administration lasted only 14 months and on August 6, 1648, Lord Baltimore replaced GREEN with the Virginian and Protestant William Stone. In England the struggle between the King and the Protestant dominated Parliament ended when King Charles I was executed in 1649. Parliament issued a decree making it treason to acknowledge Charles the Prince of Wales, as King of England. At this time GREEN was acting as deputy governor during Governor Stone's visit to Virginia, and proclaimed Prince Charles as King of England as did Governor Barkley of Virginia.

An Act Concerning Religion was passed by the General Assembly on April 21, 1649, granting religious liberty to all Christians proclaiming religious toleration and a Freedom of Consciences. Among the fourteen signers of this act was Thomas GREEN.

Thomas remained a member of the council through 1649 and 1650 until he was discharged from all his offices on August 6, 1650, for usurping authority.

Thomas and his family probably resided on "Green's Rest" before 1644 when "Green's Freehold" was sold. In 1650 Thomas applied for 300 acres between Craney Creek and Plumb Point. He also applied for 2500 acres at Chinomuxon Creek and 100 acres on the north side of St Hieroms Creek. On April 17, 1651 he received a survey for 500 acres in St George's Hundred. He had purchased 100 acres of Plumb Point from Philip Land and added 400 additional acres and called it "Green's Rest". The home plantation was located about a half mile west of St Mary's City on the St George's River. It extended north to Plumb Pointy and inland for about a mile and a half. The southern boundary was Craney Creek and included an island off Plumb Point now called Tippity Wichity. In the 1800's it was resurveyed and found to contain 900 acres.

Thomas wrote his will [recte: Deed of Trust] November 18, 1650 and it was probated [recte: recorded] January 23, 1652. His friends Henry ADAMS and James Langworth were the trustee and administrators of his estate. He request that they provide for his support during his lifetime, and the maintenance of his wife and four sons, and the distribution of his estate among his wife and four sons. Each son was to receive their share of the estate when they arrived at the age of eighteen years. It continues to give the time in years when each son would be of age.

[Editorial Note: Leonard GREENE, who, about 1638, was married in England to Ann CLARKE, died in 1688 in St. Mary's County, Maryland.]

Thomas Gerard Esqr & Mr Henry ADAMS Came this day into Court desyring to be admitted to proue the Will of Benjamin Gill deceased who produce these their following Testimonies. May 31th 1658 Jane CLEARKE aged fowrty six yeares or thereabouts sworne & Examined Sayth, That Mr Beniamin Gill deceased lay sick, att her howse att Portoback about a month before hee dyed, And tht often times in that month, shee heard him speake of making his will, & that his desyre was tht Mr Gerard & her sonne ADAMS should bee his Executors When hee drew neare his end hee desyred her to tell Mr Gerard & her Sonne ADAMS his Executors, That they should dispose of his Estate, as hee had told her, & further sayth not.

Eodem die.
Mary ADAMS aged 21 yeares or thereabouts sworne & examined Sayth That shee was pent att Mr Gill's death, & that shee heard Mr Gill a little before bee dyed appoynt Mr Gerard & her husband his Executors, & further sayth not

Eod die.
Jane COCKSUTE aged 17 yeares sworne & examined Sayth, That shee was present att Mr Gills sicknes & death, & That shee heard him often say that Mr Gerard & her Brother ADAMS were his Exequutors, And further sayth not.
Jurat, oes Coram Robert CLEARKE

May 31th 1658. Jane CLEARKE aged fowrty six yeares or thereabouts sworne & examined Sayth, That Mr Beniamin Gill late of this Prouince Deceased dyed att her howse att Portoback the 22th of Nouembr in the yeare 1655, And a little before his death, shee asked him if hee had a Will & he tould her noe, nor euer made any in his lffe, But when hee lay sick att W Gerards, W Gerard & his Wffe urged him to make a Will, But he made none, And the reason was, as the sd Gill tould this Depont, because they would haue him make Robt Cole his heyre, But he sayd hee would not, ffor the sd Cole did not deserue it att his hands, And tht shee neuer did see any Will amongst his writings, And further Sayth not.

Eod. die.
Mary ADAMS of this Prouince aged 21 yeares, or thereabouts sworne & Examined Sayth, Shee was att Portoback att her Mothers howse att the time when Mr Beniamin Gill dyed, That neyther then nor before, shee neuer saw any written Will, & further sayth not.

Eod. die
Jane COCKSUITE of this prouince aged 17 yeares or thereabouts deposeth idem quod her Sister Mary ADAMS ut supra.
Jurat Oes Coram Robt CLEARKE

Robert Cole his Interrogatories proposed to Mrs Jane CLEARKE, Mrs Mary ADAMS, Mrs Jane COCKSHOTT, Concerning Mr Benjamin Gill his last Will & Testamt, wth their answers thereunto uppon Oath & Examinaon July 26th 1658.

ffirst Doe you remember att what time Mr Benjamin Gill deceased did speake concerning making his Will, or appownting Executors.

2ly Can you testify tht Beniarnin Gill, did of purpose call or desyre any peson or pesons as wittnesses: or were to tht purpose requyred by him to take notice of any words spoken by him to tht purpose, When, Where & in whose pence, was any such by the sd Benjamin Gill.

3ly Was the sd Benjamin Gill perswaded to appoynt Exequutors, & such as hee did seeme unwilling to appoynt. Were any persons hindred to come to him uppon his request to tht intent, or any to committ his Will to writing.

4ly Are any the Witnesses of his appoyntmt of Exequutors soe neare of kinne to the Exequutors or Exequutor, That they may probably peties to the Exequutors cause.

5ly Were not some of the Witnesses or all of them to receiue some benefitt, or Legacies, by such his nuncupative Will.

61y Can you sweare tht the sd Beniamin Gill, was of perfect memory, when hee made choice of the pretended Exequutors

Jane CLEARKE aged 46 yeares or thereabouts, her answere to the abouesd Interrogatories uppon oath & Examinaon ut supra.

To the ffirst. That it was a little before hee dyed, hee spoke it before this Deponent & her husband CAWSINE, & her Daughter ADAMS.

To the second. That hee called in this Deponts husband Nicholas CAWSINE, her selfe & Daughter ADAMS, & desyred Willm Harper her sonne ADAMS his man to write his Will, And to tht intent, pen, inke, & paper was brought. But the sayd Willm Harper not knowing the forme of a Will, desyred hee would deferre it, till his Master came home. Vppon wch hee desyred us present (Viz) her husband, her selfe, & Daughter ADAMS to take notice of his Verball Will.

To the third. That for the Exequutors they were of his owne choyce & motion not knowing any, tht peswaded him to them, And that hee desyred to speake wth Mr ffitzherbert, & Mr Gerard, but it could not possibly bee effected.

To the ffowrth. That shee was Mother in Law to one whom hee did appoynt his Exequutor & that her Daughter ADAMS, who is a wittnes, was then & is still Wffe of One of the sd Exequutors

To the ffifth. That her Daughter who was a Wittnes had not any Legacy left, But to her selfe & her husband was Legacies left who were wittnesses.

To the Sixth. That to the best of her judgmt, hee was in perfect sence & memory, when hee made choyce of his Exequutors, & continued in the same, to his last breath.

Sworne before mee the day & yeare aboue written
Job Chandler.

Mary ADAMS aged 21 yeares or thereabouts her answere to the foresd Interrogatories uppon Oath & Examinaon.

To the ffirst. That the uery day of his death he nominated & appoynted Mr Thomas Gerard & this Deponts husband to bee his Exequutors.

To the Second. That a little before Mr Gills departure this Depont lyuing then in her ffather in Law CAWSINES howse, was called into the roome, where hee dyed by her mother, And hee desyred all there pent, were her ffather in Law her mother, & her selfe to take notice that was his Will.

To the Third. That the first day Mr Gill came to this Deponts mothers howse, he nominated W Thomas Gerard, & her husband to bee his Exequutors, & did not att any time after heare him mention any else, & to the best of her knowledge he was not perswaded to make choyce of any Exequutors.

To the ffowrth. That shee was Wffe to one of the Exequutors, & that shee was a wittnes but noe Legatee.

To the ffifth That all but her selfe were. That to the best of her knowledge he was, ffor he spoake senceably, & knew us all there present.

Sworne Eod die Coram me Job. Chandler.

Jane COCKSHOTT aged 17 yeares or thereabout her answere to the foresd Interrogatories, uppon Oath & Examinaon.

To the ffirst That the first day W Gill came to this Deponts mothers howse, being the time he there dyed, hee spake of making his Will & tht hee did nominate Mr Gerard & her Brother ADAMS to bee his Exequutors & tht he desyred it seuerall times in his sicknes.

To the Second. That the same day Mr Gill dyed this Depont Sayth, Shee was her sister ADAMS called into the roome by her mother, where Mr Gill was, her ffather in Law CAWSINE being present, Where Mr Gill desyred them to take notice tht this was his Will, And tht Willm Harper being called in to write his Will desyred to bee excused not knowing the forme.

To the Third. That shee knows not That Mr Gill was peswaded by any to make choyce of his Exequutors, or tht hee was hindred of any persons to come to him, That hee desyred.

To the ffowrth. That shee was sister in Law to One of the Exequutors, but further knows not.

To the ffifth. That shee was not present, fully to heare W Gills Will, therfore knows nothing concerning Legacies, & tht shee doth not remember any part of it (Except) That hee desyred all his cattle should be brought to her mothers howse & there to remaine for three yeares: & the nominating his Exequutors, wch were those aboue mentioned.

To the Sixth. That to the best of her Judgmt he was, for he was sencible, & knew all that were there present.

Sworne Eod die Coram me

The Deposn of Mrs Jane CLEARKE aged 46 yeares or thereabouts Sworne & examind this 16th of August 1658. Sayth, That Beniamin Gill deceased after nominating & appoynt ing his Exequutors wch were Mr Thomas Gerard, & this Deponts sonne in Law Henry ADAMS, did dispose of his wordly goods as followeth.

Impe That one Thowsand pownds of Tob, or thereabout, wch was in Mr Thomas Gerard & MR Robert Slyes hands should be gyuen to the Church to bee prayed for.

21y That hee gaue to this Depont in consideraon of her paines & charges all his moueable goods, Excepting his Chayres & Stooles & Table, wch were att Widdow Lewis her howse, The wch Chayres, Stooles & Table, hee gaue to this Deponents Daughter Jane COCKSHOTT

It. Hee gaue to this Deponts husband Nicholas CAWSINE fiue hundd pownds of Tob: & fiue hundd pownds of Tob more to this Depont, And to this Deponts Daughter Jane COCKSHOTT, & her sonne Ignatius, & Nicholas CAWSINE to each of them bee gaue fiue hundd pownds of Tob.

It. To this Deponts Sonne Ignatius CAWSINE, he gaue his best suite of cloathes

It. Hee did bequeath to his Cozen Robert Cole fiue hundd pownds of Tob, and told this Depont hee did it, that bee should not molest his Exequutors.

It. That all his Cattle should bee brought to this Deponts howse, & there remaine for three yeares, & att the end thereof the encrease should be sould, to help pay the Legacies, And the Principall stock he gaue to this Depont. And if in case his sonne in Law Mr James NEALE, or any from him, did not come, wth in the tearme of Three yeares into Maryland, That that Land belonging to him should bee disposed of by his Exequutors, And after they had performed his Legacies, the Remainder he gaue to his Exequutors, And wth all desyred tht some what out of Charity might be gyuen by his Exequutors to such poore men as Mr Greene, what they should think good, & further sayth not.

Sworne before me, the day and yeare aboue written Job Chandler.

The Deposn of Mary ADAMS aged 21 yeares or thereabout sworne & examined this 16th of August 1658.

Sayth That Benjamin Gill deceased, when hee made his Will, did giue One Thowsand pownds of Tob to the Church wch was in MR Gerards, & Mr Slyes hands, as hee supposed or more: But if it were not, he desyred his Exequutors should see it made good,

Item hee gaue to this Deponts ffather in Law Nicholas CAWSINE fiue hundd pownds of Tob, & to this Deponts mother hee gaue fiue hundd pownds of Tob, And to this Deponts sister Jane COCKSHOTT, & to her Brothers Ignatius & Nicholas CAWSINES to each of them he gaue fiue hundd pownds of Tob, And tht if his sonne in Law Mr James NEALE, or any of his Children did not come into Maryland in three yeares, That then his Land & encrease of his cattle, should be sould by his Exequutors & further sayth not

Sworne before me, the day & yeare aboue written Job. Chandler

Thomas Carpenter Sworne in open Court Sayth, That hee was wth Mr Gill many times before hee dyed during his sicknes & putt him in mind of making his Will, And Mr Gill tould him, that bee had sent for M Gerard, & when Mr Gerard came hee would make his Will, And tht hee would make Mr Gerard & Mr Adams Exequutors, And this Depont goeing from him the day before hee dyed, bee desyred him to speake to Mr Slye for some comfortable things, for that hee thought the worst to be past wth him, And then he had made noe will, as this Depont knowes of, And further many times discoursing wth the sd Mr Gill hee heard him say, That hee would giue Robert Cole fiue hundd pownds of Tob. & further sayth not

Robert Cole (per Attornat James Langworth) obiecteth, That the peties (all of them) by whom Mr Gerard & Mr ADAMS intends to proue a Will are interessed as Legatees.

The Judgmt of the Court is That there is not sufficient proofe made of the sayd Will.

28 October 1721: Charles County Depositions taken regarding a parcel of land lying in Charles County containing 170 acres in possession of Philip HOSKINS, Esq., deceased; and upon his death in possession of Oswald HOPKINS [= HOSKINS], now deceased, brother of Bennett HOPKINS [= HOSKINS], a minor. (1) William Thompson, age ca. 66, that John COCKSHUTT came into this county with his wife and 2 children and had rights for 2200 acres. COCKSHUTT died before he put up rights in execution. His widow later married Nicholas CAUSSOON, reputed to be a French man, and said widow gave her husband CAUSSOON rights to 1000 acres of above mentioned land. The remainder she gave to her 2 daughters, Mary and Jane CORKSHUTT (also referred to as Ann and Jeane). Nicholas CAUSSOON died and left his widow and one son named Ignatius CAUSSOON. Afterwards, his widow married a surveyor, John (recte: Robert) CLARK and shortly after died. Her son took possession of his father's lands. This deponent was married to Bennett HOSKINS mother's sister and has a tract of land lying contigous.

Recorded October 13, 1735 at the request of Samuel Hanson Jr of CC, Gent.

 

June 20, 1712 from Robert Price of CC, planter, to Samuel Peele of London Town in Annarrundel County, merchant. --------------; Also all that other tract of land called St Patrick Hill, lying on the west side of Portobacco or St Thomas" Cr., bounded by the land formerly of Jane CLARK or Ignatius CAUSINE, a fresh run near the main branch called St. Nicholas' Run, . ------

Rent to John CLARKE, Gent., due 600 acres of land transporting of John Bright of Dandgren in 1654; Mary Shepard in 1647, Mary Joanes in 1650, Richard Smith in 1650, Roger Bought of John Hafhead in 1646 and 100 more assigned from Robert Greene, Esq in 1656: a parcel of land on the main fresh at the head of the Wicokomeco River called "Rich Hill."

Lands Not in the Debt Book of 1753:

Charles County Land Records, fol. 178, Indenture: 2 January 1706:

Point _______ alias St. Lawrence's Spring. There can be no doubt that it is the same tract known in Charles County by the name of Wrights Point. Signed Oct. 8, 1839 - George G. Brown. Reg'r Land Office S. Maryland.

John CLARKE, Gent. sells his rights to a parcel of land formerly surveyed by his father, Robert CLARKE, Esq at the head of Wicokomeco River: on a branch between land of Daniel Johnson and John Courts containing 600 Acres to Henry Moore, 25 Feb 1661; /s/ John CLARKE; wit. George Thompson, Henry ADAMS.

Charles County Land Records, p. 239, Indenture: 25 April 1665:

Henry Moore, planter, binds himself to deliver to John CLARKE, Gent., 6 cows with calves to be delivered on 10 days warning after 6 Apr 1663; dated 26 Feb 1661; /s/ Henry More; wit. George Thompson, Henry Adames

Charles County Court and Land Records, Volume 1, p. 167:

John CLARKE enters his mark of cattle.

Mathew Stone 7C.250
Account
Charles County
#76011
April 19 1682

Payments to: Mr. Robert DOYNE, for Col. William CALVERT, Esq., Col. Benjamin Rozer, Mr. John CLARKE, Mr. Robert DOYNE, Philip LYNES, Bennett Marchegay, Thomas Helgar, John Hanson, Richard Beck, Mr. William Barrett, Mr. Joseph Manning who married Mary (relict and executrix of John Blackfan), Mr. John Hamilton attorney for William Gough, Mr. John Hamilton attorney for Robert Potts, Mr. John Hamilton attorney for Robert Carvile (executor of Elizabeth Moye ( executrix of Richard Moye) ), Philip LYNES per order of Mr. John Stone on account of Mr. Thomas Clipsham, Richard EDLEN on account of James NUTTWELL,¹ Mr. Garrett VANSWERINGHEN, Mr. Robert DOYNE on account of Mr. Thomas Clipsham & account of Mr. William Barrett.

Executrix: Marjery Maddock (relict), wife of Edward Maddock.

1. This was James NUTHALL, the son of John NUTHALL IV [of CROSS MANOR]. See Child 2: James NUTHALL under G0500A: John NUTHALL IV [of CROSS MANOR] in Antecedents and Descendants of John Nuthall of Cross Manor (BEF 10 February 1614/15 - July 1667).

Abstracts of the Inventories and Accounts of the Prerogative Court of Maryland 1679-1686, Libri 6, 7a, 7b, 8, compiled by V. L. Skinner:

Abstracts Of the Inventories and Accounts of the Prerogative Court of Maryland 1685-1701, Libri 9, 10, 101C, 11A, 11B, compiled by V. L. Skinner:

Abstracts of Charles County Maryland Court and Land Records, vol. III (Liber Z, p. 112):

At a Councill held at the Governors House at St Peters the 21st day of Decr Anno Dom 1692

Present

His Excellency the Governor

Coll Nehem Blakiston

the honble Coll Nicho Greenberry

Capt John Courts

Thomas Tench Esqr Thos Brooke Esqr

Maryland ss

I Philip LYNES of St Marys County in the Prove of Maryland aged about forty three Years having formerly had some communication with one Mr Philip Shapleigh of Northumberland County in the Collony of Virginia and one Goss Mast of a Ship or Vessel the said Philip Shapleigh and the said Goss did tell your Depont Philip LYNES that the said Shapleigh was bound for the said Goss in a bond for one thousand pounds to the King that the said Goss should go for England with a Ship or Vessell he was then Master of according to the tenor of such bonds usually taken and that he the said Shapleigh being so bound by bringing to Mr Randolph the said Goss, said Mr Randolph did discharge him the said Shapleigh from the Bond wherein he was Bound to the King as aforesaid & also the said Goss told your Depont that Mr Randolph had discharged him and given him the said Goss leave to go home with the Vessell he was then Masr of lying in Somerset County in the province aforesaid & accordingly as your Deponent hath heard the said Goss Masr of the said ship or Vessell departed with his said ship or Vessell accordingly from this Province Witness my hand this 20 fourth day of October 1692

                       Phil LYNES

The Contents of the above written was sworn to by the abovesaid Philip LYNES this 24th Day of October 1692 before us

                       Nea Blakiston
                       Nich Greenberry
                       Thos Tench

At a Council held at the City of St Marys the 5th day of May

                          Anno. Dom: 1686.

                               Present

                          Coll. Vincent Lowe
                          Coll. William Digges
                   The honble Coll. William Burges
                          Maj: Nicholas Sewall
                             Mr Clement Hill

Came Robert DOYNE genti: high Sheriff of Charles County and produced the following Deposition (viz):

The said DOYNE prayes the result of the board upon the difference betweene him and Mr LYNES concerning the serving the said writt of execution by the said HARDY. Which was admitted to be good and legally served according to the following order viz:

Abstracts of Charles County Maryland Court and Land Records, Vol. II 1665-1695, Liber F, p. 184:

Charles County Court and Land Records, Vol. III, p. 170 [Liber H #2, p. 284]:

[Port Tobacco Hundred Rent Rolls (1642-1753): Charles County, Maryland, Part 1, p. 325, seq. 165]

10 July [1685]: "Mr. Ca.... Pray ... a Citacion... and ... to the Sheriffe of St. Mary's County agt. John RESWICK and Margaret his wife Executrix of the last Will and Testament of Abraham COMBES her late husband.... be ... this .... of Robert CLARKE and Sarah his wife Daughter of the Said Abraham. Lett it bee made .... the .... day of August... the Judges have appoyntd to writ.

/s/ Ro. CARVILE. This upon Citationi ... as a Gov. Direct . . .

[Maryland State Archives No. SM15, Roll 76, transcribed with difficulty by Carole. Hammett, 1998]

Abraham COOMBS

Sealed, signed, published and declared in the presence of

Clement HILL
Henry PAYNE
Thomas SWALE
Peter MILLS

The 30th day of January anno 1684, then came before me Henry PAINE, Thomas SWAILES, and Peter MILLS witnesses to the within written will and took their oaths upon the holy Evangelist that they saw the within named, Abraham COOMBS sign, seal, publish & declare the within written will to be his last will and testament sworne before me the day and year above written.

/s/ Clement HILL

12 September 1688: Indenture from Robert CLARKE, Planter, to Philip LYNE; 2000£ tobacco; a parcel called Small Hopes, on the main fresh of Wicomico River, containing 100 acres; also parcel called Purchase adjoining a parcel laid out for Henry Mor called Small Hopes; also 50 acres formerly surveyed by Richard EDELEN for Robert CLARK joining 600 acres formerly laid out for George Goodrich.

/s/ Robert CLARKE (mark)

wit. Cleborne Lomax, Ralph Shaw, Peter DENT

3 August 1717. Deposition of Susan Evans, age. ca. 65, that 20 years ago this October, she was sent for as a midwife to Mrs. Mary BRENT [1], sister to Margarett BRENT and wife to John NUTTHALL, Jr., at the house of said NUTTHALL. She delivered a male child who is now known by the name of Brent NUTHALL. The deponent always understood that Mary BRENT was the wife of John NUTHALL, and that Margaret BRENT was the wife of George PLOWDEN, late of St. Mary's County Both of them were sisters of William BRENT of Stafford County, Virginia, who lately died in Great Britain. The deponent further states that Brent NUTHALL is the only surviving son of Mrs. Mary BRENT. (Liber CL, p. 363).

Pages 49 and 50: 8 October 1721. Deposition taken regarding the right of Brent NUTHALL to title of a tract in St. Mary's County called Cross Mannor. (1) Robert CLARKE of St. Mary's County, age ca. 71, said that he very well knew John NUTHALL the elder, the grandfather of Brent NUTHALL, and that he and the deponent were the same age, except that said John was as much older than the deponent as March til November. The deponent would be 71 on the fifth of November next. [2] (2) Levina Twisden of St. Mary's County, age ca. 71, that she knew John NUTHALL, the great-grandfather of Brent NUTHALL and father of John NUTHALL, the grandfather of said Brent NUTHALL. John the great-grandfather lived on land called Cross Mannor about 54 years ago, when she came to this country, and where he died about 53 years ago last July. (3) William COMBS of St. Mary's County, ca. 50. (4) Charles CALVERT of St. Mary's County, Gent., age ca. 59, who was son of William CALVERT. (Liber CL, p. 748-750).

Editorial Notes:

To eldest son Thomas and heirs, land he now lives on in "Bever Dam Mannor;" personalty.

To son Robert, "Addition;" and personalty.

To little son Benjamin and heirs (son of wife Elizabeth), dwelling plantation -- and personalty; to be in care of his mother and to be brought up in faith of Church of England; should he die during minority, plantation after wife's decease to son Thomas and heirs.

To wife Elizabeth, executrix, residue of personal estate during life; at her decease, to be divided among eldest children, viz. Thomas, Robert, daughters Sarah GRINWELL, Anne HALL, Jeny GOUGH and Elinor, wife of Henry GRINWELL.

Test: Richard Osbern, Robert Hutchings, Michael Realy.

Codicil, 8th November, 1725: Should wife die during minority of son Benjamin, she may assign him as she thinks flt, security for complying with above will being given.

Test: M. Jenifer, Jno. Read, Henry Realy.

Beverly Fleet, Westmoreland County, Virginia Records, Vol. 23: Abstracts of Deeds, Wills, and Patents for the Years 1653 - 1657 (1945), p. 33:

Maryland Calendar of Wills, vol. 2, p. 287:

 

BARBER, Edward, St. Mary's County, 2nd March, 1693:

 

21st May, 1694. To wife Cibbil, plantation and 200 acres during life; to revert to son Edward. To daughter Mary, of certain tract (unnamed). To unborn child, residue of said tract and 200 acres (unnamed) near Bird's Creek. To brother Thomas, rights in 300 acres, part of Michan Hills, and 200 acres nea. Bird's Creek, formerly belonging to Jno. Barecroft. To cousin Thomas Nicholls, and to Adam CLARKE and heirs, rights of 200 acres (unnamed). To children aforesaid, residue of land equally. To godsons, Jas. Morris and Jno. Bratson, and Mary and Martha Williamson, daughters of Sam'l Williamson, personalty. In event of death of children aforesaid without issue, the child. of sister Eliza: GUIBERT to be co-heirs with brother Thomas aforesaid, and in event of death of said Thomas aforesaid without issue, sister Mary Nichols and Ann CLARKE to be co-heirs. Wife Cibbil, executrix and residuary legatee. Overseers: Thos. CLARKE, Thos. BARBER. Test: Sam'l Williamson, Stephen Caward, Wm. Dutch.

28 Oct 1721: Charles County Deposition of William MATHIS, age ca. 47, regarding a parcel of of land lying in Charles County containing 170 acres in possession of Philip HOSKINS, Esq. Deponent stated he was the son of the daughter of the above mentioned John COCKSHUTT, and that he sold part of the tract he had by his mother to Col. Philemon Lloyd, which land is now in dispute. (Liber CL, p. 708).

Maryland Calendar of Wills, vol. 4 , p. 130:

Editorial Note: Oswald HOPKINS is Oswald HOSKINS, the son of Col. Philip HOSKINS and Ann MATHEWS. William MATHUS, aged about 47 is William MATHEWS, the son of of Dr. Thomas MATHEWS, Sr. and first wife Hester UNKNOWN of Dr. Thomas MATHEWS, Sr. and first wife Hester UNKNOWN. Ignatius MATHIS is Ignatius MATHEWS, son of Dr. Thomas MATHEWS, Sr. and second wife Jane COCKSHOOT (COCKSHUTT). Ignatius CAUSOON is, of course, Ignatius CAUSINE whose father, Nicholas CAUSINE, married Jane HICKS, the widow of John COCKSHOOT (COCKSHUTT). The mother of Bennett HOSKINS was Ann MATHEWS. John SANDERS, Jr., the son of John SANDERS, Jr., married Sarah MATHEWS, the daughter of Thomas MATHEWS Jr. (son of Dr. Thomas MATHEWS, Sr. and first wife Hester UNKNOWN). Thomas MATHEWS, Jr. married Sarah BOARMAN, daughter of Maj. William BOARMAN, Sr. and first wife Sarah LINLE. Sarah BOARMAN was second married to Thomas MUDD; and Thomas MATHEWS Jr.'s sister, Ann MATHEWS also married the same Thomas MUDD. After the death of Thomas MUDD, Ann MATHEWS married Col. Philip HOSKINS. [Source: Michael Marshall and Jerry L. Clark]

8 March 1709: Indenture from Thomas CLARKE and Juliana his wife of St. Mary's County to Thomas MUDD; for a consideration; a tract of land part of St. Mary's Manor containing 220 acres now is in possession of Thomas MUDD called Bowlin Reserve and Jarvis; /s/ Thomas CLARK, Julian CLARK; witnesses: Adam CLARKE, Elinor SEDEN (mark), Robert PARKER (mark); 14 March 1709/10; acknowledged by Juliana CLARKE; recorded; alienation paid.

Item I give & bequeath to my two sons Thomas & John CLARKE, my certain tenement scituate & being on W___ River, in the mannor of Calverton, now in the occupation of Robert Parker, that is to say all the perill of land to them & Tenent belonging upon the river side comprehending the full breadth therof, to be equally divided, between my two sons Thomas & John, Each of them to have an equal portion of breadth on the water side. & from thence running back in the woods to the head of the valley above Mary Rose's plantation, they paying unto my son, Adam CLARKE, five pounds sterling, or the value therof in tobacco, and also paying to the Lord Proprietary the yearly rent for the whole tract afsd. The same containing one hundred and fifty acres -

Item I give and bequeath to my son William CLARKE, all the residue of the aforsd. Tract of land containing one hundred & fifty acres, that is to say, all the Remainder, being back from the head of the sd Valley above Mary Rose's plantation to the uttmost extent therof, but if it should happen that my son William should, die before he comes of the age of twenty one years , then I give the sd. Lands to my son Benjamin CLARKE.

Item I give and bequeath to my loving wife Julian CLARKE the plantation I now live on in the Mannor of Calverton called Mardike, for ___ her natural life & after her decease, to my son Luke CLARKE, in case he will accept of this in lieu of a certain tract of land called Bowlings Reserve, wch I sold Thomas MUDD, but if my son Luke will not accept of this in lieu of the sd tract of land sold Thomas MUDD then I give my sd plantation called Mardike to my son & daughter Benjamin & Mary CLARKE to be equally divided between them after my wifes decease.

Item I give and bequeath to my loving wife Julian CLARKE & to my four children Luke, William, Mary, and Benjamin, all the goods & Chattels to be divided & distributed by my sd Wife, amongst my sd. Children, when and in what manner, she shall think fitt. In case she remains a widow, but if my sd. Wife shall marry then my will is that my sd. Four children, have an equal part of all my sd goods & chattels, when they shall come to the age to be paid them, according to the appraisement therof. Lastly I doe hereby make constitute & appoint my loving wife, Julian CLARKE, my whole & sole Executrix of this my last will & testament to dispose of the same according, as is declared to the use above mentioned , in witness, wherof I have hereunto subscribed my name & put to my seale, this 4th day of June, Anno Dom, 1711.

Thomas CLARKE <seal>

sealed & delivered in presence of

John Parry
John CLARKE
Francis CLARKE

December the 4th 1711. Then came Francis CLARKE, and John CLARKE two of the witnesses to the within will, and made Oath that they saw the within named Thomas CLARKE signe seale and deliver the within writing, as his last will, and Testament. Wm Aisquith Dept. Commissioner.

That is to say first and principally I Commend my soul to almighty God my Creator assuredly believeing (sic) that I shall receive full pardon and free remission of all my sins and be saved by the precise Death and merits of my blessed Saviour and redeemer Christ Jesus, and my body to the earth from whence it was taken to be buried in such decent and Christian manner.

As to my Executors hereafter named shall be thought meet and convenient, and as touching such worldly Estate as the Lord in mercy hath lent me, my will and meaning in the same shall be employed and bestowed as hereafter by this my will.

First I will that all my Debts and duties as I owe in right or conscience to any manner of person or persons whatsoever shall be well and truly Contented and paid or ordained to be paid by my Executors hereafter named within Convenient time after my Decease.

Item - I give and bequeath to my  eldest Sonne John two thirds of my Patent Land that lies both in Charles County and Saint Marys County and allso (sic) two thirds of my moveable Estate, both household goods and horses or whatever value of right or Justice belonges (sic) to me.

Item - I give and bequeath to my Sonn Matthew the one third part of my Patent Land that lies both in Charles and Saint Marys Countys. All the Land in both Countys being divided in three parts, my eldest Sonn John Shall have two and my Sonn Matthew one and my Sonn Matthew allso (sic) the third part of my personall (sic) Estate.

Item - I will that neither my Sonn John nor my Sonn Matthew shall enjoy my lands no longer than these shall live and then itt (sic) shall goe (sic) to the next ears (sic- heirs) apparent of them both and so as any or one of the family of the Comptons shall continue in this world, either of the ears (sic- heirs) of my Sonn John or my Sonn Matthew COMPTON.

Item - I will that my Sonn John shall immediately enjoy one third part of my Patent Land together with my wife.

Item - I appoint my Sonn John and my Sonn Matthew Joint, Executors of my last will and testament as  witness my hand and seal this 29th of May 1713.

Delivered as  my last will and testament before signing and sealing.
                   John F COMPTON
Philip BRISCOE Sen. John X FARSON Susannah BRISCOE

On the back of this will was endorsed the following probate to wit,

Charles County, Philip BRISCOE Seni John FARSON and Susannah BRISCOE subscribing witnesses to the written will, Depose on the holy Evangetial of almighty God that they either of them saw John COMPTON within named sign and seal the within instrument as his last will and testament and that he published and declared the same to be and there at the time after so doing he was of sound and perfect mind and memory to the best of their knowledge before this fifth day of March Anno Domini 1718.

Reference: Charles County, Maryland, Orphans Court Wills 1665-1767  (Will #3 1704-1733, pg 78-79, Liber 15, folio H of R, Folio 8) - Maryland Hall of Records, Annapolis, Maryland