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LUTHER MARTIN.

ii.
NATHANIEL RAMSAY.

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SfuTi^-^Publtcctliorr^ QTlo. 24.

LUTHER MARTIN

<<

THE FEDERAL BULL-DOG.

>>

HENRY P. GODDARD.

II.
A SKETCH OP THE
LIFE AND CHARACTER or
NATHANIEL RAMSAY,
BY
W. F. BRAND, D.D.

JSallimors, l<S87.

PEABODY PUBLICATION FUND.

Committee on Publication.
1886-87.
HENRY STOCKBMDGE,
JOHN W. M. LEE,
BRADLEY T. JOHNSON.

Printed »r John Murphy & Co.
Printers to the Maryland Historical Society.
Baltimore, 1887.
Cf>L6l \5_

LUTHER MARTIN.

PREFACE.
In the preparation of this pamphlet the published authorities
consulted have been Hildreth's History of the United States;
Scharf's History of Maryland, and "Chronicles of Baltimore;"
The Reports of the Trials of Samuel Chase, and of Aaron Burr ;
The Autobiography of Judge Taney ; The Life of Judge Story,
by W. W. Story ; Kennedy's Life of Wm. Wirt ; The two Lives
of Wm. Pinkney, by Wheaton and by Bishop Pinkney ; Parton's
Life of Aaron Burr ; Blennerhassett's Diary ; Henry Adams'
Life of John Randolph (American Statesmen Series) ; Jacobs'
Life of Capt. Cresap ; The Life of Rev. Jas. Millnor, by Rev.
J. S. Stone, besides the old newspapers and pamphlets of Mar
tin's day in the rich library of the Maryland Historical Society.
Most useful of these has been the copy of " Modern Gratitude,"
possessed by the Society, of which I know of but one other copy
extant, that in the possession of Luther Martin McCormick, of
No. 147 West Preston street, a grand-nephew of Luther Martin.
This gentleman, who is the only surviving descendant of Mar
tin's family, is also the owner of Pine's picture of Martin and
family and of the miniatures by Peale. To him I am greatly
indebted for material, as I was to his venerated father, Rev. Thos.
McCormick, who died in 1883, having passed his 90th birthday.
That gentleman, the late Chas. Tiernan, who died in 1886, and
Hon. J. H. B. Latrobe, who still presides over the Maryland
vii

Vlll PREFACE.
Historical Society, are the only persons I have been able to find
who recall Martin, and each furnished me with reminiscences.
To Judge John A. Campbell, now living in Baltimore, I am
indebted for impressions of Martin, gathered by Judge Campbell
from conversations with Judge Taney and John Quincy Adams.
Martin's letters to Mrs. Chas. Hager were published in the
defunct "Baltimore Times'' in January, 1882, by Col. J. Thos.
Scharf, who has, or had them then in his possession.
It is my hope at some future date to expand this pamphlet into
a biography.
Henry P. Goddaed.
Baltimore, Md., March 26, 1887.

LltTHER MARTIN:

THE FEDERAL BULL-DOG.

>>

IN the Picture Gallery of the Maryland His
torical Society at Baltimore, there hangs a
large oil-painting, in which the artist, Robert
Edge Pine, has portrayed a group of young people
attired in the costumes Avorn by the wealthier class
,in this country in the latter part of the 18th cen
tury. The group consists of husband, wife, and
two little girls ; one, almost an infant, reclines in
the mother's arms, while the other, a child of
apparently six or seven years of age, is playing
with a small dog. The lady is dressed in silk,
and is looking across a smooth green lawn from
the porch on which she sits, her eyes following
the direction of her husband's hand, which is
pointing toward a vessel coming up the harbor
Of Annapolis, where the picture was painted. The
man has a riding whip in the other hand, his
2 9

10
dress is of velvet, his face handsome and intelli
gent. Behind the wife a colored servant watches
with care the youngest child, and the whole pic
ture suo-oests comfort and domestic happiness.
CO ¦¦" *¦
Sometime between the years 1820-25 a rising
young member of the Baltimore bar, who still
practises his profession in that city of which he
has long been one of the most esteemed and re
spected citizens, and who has for a long series of
years presided over the society in whose gallery
hangs the picture just described,1 was associated
with the late Roger B. Taney, afterwards the cele
brated Chief Justice of the U. S., in trying a case
in the U. S. District Court in session at Baltir
more. William Wirt was the opposing counsel, and
the court room was filled with interested auditors,
when suddenly there was a little, ripple of excite
ment and the crowd gave way to right and left
as a grey-haired old man tottered into the room,
ancl passing inside the rail seated himself as if
accustomed to the place. Apparently ignoring or
unconscious of the deference shown him by the
lawyers present, as well as by the spectators, he
seemed absorbed in munching a piece of ginger
bread. The old gentleman had on well-worn knee
breeches, yarn stockings, silver buckles on his
shoes and ruffles on his shirt bosom and sleeves.
1 Hon. J. II. B. Lntrobo.

11
It needed but brief observation to satisfy the sur
prised young lawyer that the old man was nearly
bereft of mental power and had wandered into the
court room, more from a feeble instinct than with
any real purpose.
The handsome young husband 6f Pine's picture,
the centre of that happy family group, and the
trembling old dotard that was seen thus aimlessly
wandering into a court room Were one and the
same: It is Luther Martin, with his lovely wife
and fair daughters, Maria and Elinor, that we see
in the picture. It is Luther Martin, for over a
half century a recognized leader of the Maryland
bar — a bar ever famous for its eminent members,
— the man who had been leading counsel in two of
the greatest trials of cases of national interest ancl
importance in the history of our country, who had
thus wandered, a discrowned, demented and almost
friendless Lear into the arena of his old renown.
Knowledge as to the early life of Luther Martin
is chiefly obtained from the brief autobiographical
sketch published by him in one of the later num
bers of that remarkable series of pamphlets en
titled "Modern Gratitude," published by him in
1801-2. Born at New Brunswick, New Jersey, in 1744,
Martin — who was of English stock — was the third
of nine children. In 1757 he went to a grammar
school where he learned the rudiments of Latin:

12
thence to Princeton College, where he graduated in
1763 at the head of a class of thirty-five.
The poverty of his parents had made it a hard
task for them to send him to college, but he fully
appreciated • what they had done for him in pro
viding for his education, " for which," he says in
" Modern Gratitude," " my heart beats toward
them with a more grateful remembrance than had
they bestowed on me the gold of Peru or gems of
Golconda." As soon as of legal age Luther con
veyed to his elder brothers, in return for their
sacrifices, a small tract of land that came to him
from his grandfather.
Two days after graduation the lad of 19 decided
on law as his calling, ancl, with a few dollars in his
pocket and a few friends for company, set out for
Cecil County, Maryland, with letters to a Rev. Mr.
Hunt. This gentleman kindly treated him and
gave him letters by aid of which Martin secured a
school at Queenstown, Queen Anne's County, Mary
land, where ho taught till April, 1770, living with,
and using the library of, Solomon Wright, father
of Robert Wright, later a United States Senator
from Maryland. His means were. scanty, and he
was then, as ever after, in pecuniary stress, for
he was improvident by nature. He ran in debt,
and when he stopped school-teaching to devote his
Avhole time to law study, he was. arrested on five
different warrants . of attachment. Of his peciir

13

niary difficulties at that time he says in "Modern
Gratitude": "I am not even yet, I was not then,
nor have I ever been an economist of anything but
time." In 1771 Martin was admitted to the bar, and in
1772 vvent to Williamsburg, Virginia, where he
remained during a term of court, making many
Valuable friends, among them Patrick Henry. He
soon began practice in Accomac ancl Northampton,
Virginia, was admitted as an attorney in the courts
of Worcester and Somerset Counties, Maryland,
and took up his residence in Somerset. His in->
come soon reached the large sum, for that day, of
1,000 pounds per year, and was never less till the
revolutionary troubles began.
That in the very inception of his legal practice
he displayed ability that insured success and fame
therein, is evinced by the recorded fact that at one
of his early terms before the Williamsburg Court
he defended 38 persons of whom 29 were acquitted.
In 1774 Martin was appointed one of the com
missioners for his county to oppose the claims of
Great Britain : also a member of the convention
called at Annapolis to the same end. In this, his
first appearance in the arena of politics, he at once
took strong patriotic ground. About this time he
published a reply to the address sent out by the
Howes from their ships in Chesapeake Bay, also
an address " To the inhabitants of the peninsula

14

between the Delaware river and the Chesapeake,
to the southward of the British lines," which was
circulated in printed hand-bills.
It is to these days he alludes in " Modern Grati
tude " (page 138): "Throughout which not only
myself but many others did not lie down one
night in our beds without the hazard of waking
on board a British ship or in the other world."
In 1778, by the advice of Judge Samuel Chase,
Martin was appointed Attorney General of Mary
land. In this position he most vigorously and rig-.
orously prosecuted (almost persecuted) the Tories
of his State, making thereby life-long enemies as
well as warm friends, for throughout his whole life
he was never neutral in anything.1 Always lavish

1 In the early Maryland Reports can be found a case which shows the
bitterness with which Martin, as Attorney General, pursued all suspected
of having been Tory sympathizers during the Bevolution. It is tlie case
of State of Maryland vs. Samuel Johnston, tried in 178G (2 II. & Mell.
160). Mr. Johnston applied to be admitted to practice in the courts of
Maryland. Martin opposed on the ground that at the outbreak of the
Bevolution Jolinston had resigned certain petty offices in Pennsylvania
rather than take the oaths of allegiance, and had removed to Maryland
to remain "peaceable and inactive'' during the war.
Johnston acknowledged this charge, but pleaded that his conscience
did not permit his taking the oath referred to at the time as lie did not
think himself absolved from allegiance to the king, until independence
was acknowledged, although he wished well to our liberties; that his sons-
in-law were colonels in our militia, two sons privates in our armies, one
of whom was taken prisoner ; that now that independence was established
he was perfectly attached to the government of Maryland.
Although all the witnesses corroborated Mr. Jolinston and represented
him as a mild, conscientious gentleman, Martin fought the case by every
legal resort and did not submit until a third and final hearing, before the
highest court in the State, when Mr. Johnson was decided admissible.

15

but never grasping, he very early in his official
cai'eer refused a silver service tendered him for his
bold prosecution of a wealthy citizen charged with
the murder of an Irishman. His spare hours at
this time were spent in managing a salt mine at
Accomac. In 1783 Martin married Miss Crcsap of Old
Town, Alleghany Co., Md., a daughter of that cele
brated Capt. Michael Cresap Avho was charged by
Thomas Jefferson, in his " Notes on Virginia,"
with the massacre of the family of the Indian chief
Logan. The alleged speech, put into Logan's
mouth by Jefferson, in relation to the wrong dono
the Indian was until recently a favorite piece for
school-boy declamation. In a life of Capt. Cresap,
published at Cumberland, Md., in 1826, ! it is
stated that Martin published a reply to Jefferson
defending Capt. Cresap, but that it had a limited
1 The author of this life was one John J. Jacob. It is quite a readable
little volume. In it the writer says, apropos of Jefferson, that he foresees
the difficulty of questioning the truth of any statement made by such a
man, " especially by such a, pigmy as myself, however encircled with the
shield of truth, would in all probability, be as unavailing and feeble as the
efforts of a musquito to demolish an ox," hence, he says, he received assur
ances from Luther Martin, who had intermarried with a daughter of Capt.
C. that he would undertake a defence. Confident in his ability and posi
tion, "co-equal with the philosopher of Monticello," he placed the mate
rials in his hands, lie adds that Martin published a, defence of Capt. C.
but that it did not have a wide circulation, as " pamphlets are soon lost
and party spirit ran so high that any blemish on the moral fame of Jef
ferson was easily transferable to his political standing, hence it was bet
ter upon the whole some men might think that Cresap, however innocent,
should yet remain under censure, than that any suspicion as to the perfec
tion of so great a character should rest on the public mind."

16
circulation and has disappeared. Although Jef
ferson said of this pamphlet that it was of a style
" that forbade the respect of an answer," the ver
dict of history is pretty well established that
Logan was not Avronged by Cresap, at any rate
to the extent claimed in the imaginary speech ;
but the feud thus created between Martin and
Jefferson never ended; "as great a scoundrel as
Tom Jefferson," being the severest condemnation
Martin could bestow on any man.
In 1787 Martin was sent by the Maryland Leg
islature as one of the delegates to the convention
at Philadelphia, which framed the Federal Consti
tution. In the debates of that famous body he
took an active part. In view of the fact that not
many years after he was christened by his old
antagonist, Jefferson, "the Federal Bull-Dog," it
is noteworthy that his speeches in convention were
in vehement opposition to the Constitution, ancl
that he left the body forever with one of his col
leagues and went home rather than sign the in
strument. He kept up his opposition on his
return to Maryland ancl laid before the Legisla
ture of that State some of the ablest arguments
against ratification ever made.1
A single quotation from his protest against the
license allowed the African slave trade in the Con-
1 It was from Martin's arguments published at this time that John C.
Calhoun was wont to draw in his nullification speeches.

17

stitution may serve to indicate the prophetic wis
dom and wise statemanship of the man. " It
ought to be considered that national crimes can
only be, and frequently are, punished in this world
by national punishments, and that the continu
ance of the slave trade, ancl thus giving it a
national sanction and encouragement, ought to be
considered as justly exposing us to the displeasure
and vengeance of Him who is equally Lord of all,
ancl Who views with equal eye the poor African
slave and his American master."
The Madison papers confirm Martin's report of
his opposition to the continuance of the. slave
trade. That he was conscientious and consistent
therein appears from the fact that in 1789 we find
his name associated with that of his friend Judojo
Chase as the two " Honorary Counsellors " of the
Maryland Society for promoting the abolition of
slavery, and the relief of poor negroes and others
unlawfully held in bondage."
It is remarkable that the next public appear
ance of Luther Martin in a matter of national
interest was as a staunch supporter of this very
Federal Constitution, the adoption of which he
had so ardently opposed, and fully as remarkable
that such appearance should be as counsel for a
Federal official — his warm personal friend — who
had been no less bitter in his opposition to the
same instrument. This appearance was as one of
3

18
the counsel for the defence in the impeachment
trial of Judge Samuel Chase before the United
States Senate in 1804.
The occasion was a momentous one and recog
nized as such by all who participated therein, as
here was to be fought one of the first great battles
of our national history between the advocates of
diverse views as to the construction of the National
Constitution, ancl the question to bo settled whether
the judicial department of our government could
be controlled and manipulated at the pleasure of
either of the other departments. That President
Jefferson instigated this trial of the most vul
nerable member of the Supreme Court in order to
make that body less of an obstacle to his methods
of government is most probable.
The Senate was presided over by Vice-PrcsiJ
dent Aaron Burr, who, though he had recently
slain the ablest Federalist of them all, and was
out of favor with his own party for his selfish
effort to push himself into the Presidential Chair
designed for Jefferson by the party as a whole in
the last contest, yet presided with a grace ahd
fairness that Avon universal recognition. " With
the dignity and impartiality of an angel, but with
the rigor of a devil," said an opposition newspaper

. 1

1 With that love of dramatic effect which characterized the man, the Vice-
President had the Senate Chamber fitted up as a court in which the Sena
tors were arranged in a semi-circle about himself as centre, with the accused,

19

Among the Senators sitting in judgment on the
case was the future President, John Quincy Adams,
who steadily voted in favor of the accused, and
many other wearers of historic names, such as
Bayard of Delaware, Breckinridge of Kentucky,
Dayton of New Jersey, Giles of Virginia, Tracey
of Connecticut, Pickering of Massachusetts ancl
Sumpter of South Carolina.
The Chief Manager of the impeachment on part
of the House was John Randolph of Roanoke,
then but thirty-one years of age and already the
leader of the House, yet more feared than loved
for his sarcastic eloquence. Hildreth (History of
the United States) well comments on his speeches
in this case as " tingling but desultory surface
strokes." Of his five associates Cajsar Rodney of
Delaware was the most notable.
Around Judge Chase, who was fully able to
plead his own cause yet shrewd enough to draw
about him the ablest advocates of his day, there
gathered as counsel his life long friend Martin,1
his counsel, the managers of the impeachment and the House, all effectively
placed, while extra galleries draped in green cloth were provided for spec
tators, with handsome boxes for ladies, for the diplomatic corps and mem
bers of the government. The Senators' seats were draped in crimson, those
for managers and counsel in blue.
'"Most formidable of American advocates was' the rollicking, witty,
audacious Attorney-General of Maryland ; boon companion of Chase and
the whole bar; drunken, generous, slovenly, grand ; Bull-dog of Federalism,
as Mr. Jefferson called him ; shouting with a school-boy's fun at the idea
of tearing Randolph's indictment to pieces and teaching the Virginia
Democrats some law, — the notorious reprobate genius Luther Martin."
Henry Adams' Life of John Randolph, page 141.

20
Charles Lee, late Attorney General of the United
States, ancl Robert Goodloe Harper, who had but
just ceased to be the Federal leader in the House
and Avho has passed into history as one of Mary
land's greatest advocates. Of lesser fame were
Joseph Hopkinson, author of "Hail Columbia,"
and Philip Barton Key, of a family identified
Avith our other great national anthem, " The Star
Spangled Banner."
The charges against Judge Chase Avere embraced
in eight articles. Their general drift Avas that
he had violated his official oath and been unmind
ful of his judicial duties in two cases tried before
his court and that he had improperly charged a
grand jury, making his charge a political tirade
against the party in power.
Judge Chase Avas undoubtedly an obstinate and
bitterly prejudiced old Federalist, Avho had been
very overbearing to members of the bar and most
injudicious in his remarks concerning President
Jefferson's official course, yet that he Avas not de
serving impeachment the result of the trial before
a body containing a majority politically opposed
to him and to whom Chase's "bacon face," as an
opposing journal derisively termed it, Avas not
more obnoxious than his political course, clearly
indicates. The Avisdom of the verdict is at this
day pretty generally admitted.
The arguments in the trial by Chase's counsel

21
are characterized by Hildreth as "Martin's mas
sive logic, ancl Lee's and Harper's argumenta
tive eloquence directed always to the point." 1
Space for extracts from Martin's argument is
wanting, but one notes in passing that therein
Martin lays down an important view of an old
question in ethics Avhen he says, that Avhen coun
sel have done all that can be done to insure a
fair trial for a client, if agreeable to law and to
clear, undoubted evidence the prisoner is guilty, it
is the duty of counsel to submit his client's case
to the honest decision of the jury Avithout any
attempt to mislead them, ancl this whether the
counsel are appointed by the Court or employed
by the criminal. He Avell adds " the duty 'of a
lawyer is, most certainly, in every case to exert
himself in procuring justice to be done to his
client, but not to support him in injustice."
As is Avell known the impeachment Avas not
sustained, only three of the eight articles receiv-
1 "If any student of American history, curious to test the relative value
of reputations, will read Randolph's opening address, and then pass on to
the argument of Luther Martin, he will feel the distance between show and
strength, between intellectual brightness and intellectual power. Nothing
can be finer in its way than Martin's famous speech. Its rugged and sus
tained force ; its strong humor, audacity, and dexterity ; its even How and
simple choice of language, free from rhetoric and affectations ; its close
and compulsive grip of the law ; its good-natured contempt for the obstacles
put in its way, — all these signs of elemental vigor were like the forces of
nature, simple, direct, fresh as winds and ocean, but they were opposite
qualities to those which Randolph displayed." Adams' Life of John Ran
dolph, pp. 146-147.

90

ing even a majority of the votes of the Senators,
none the requisite two-thirds.1
In 1805 Martin resigned the Attorney-General
ship of his State after twenty-seven years con
secutive service. Despite his years (he had passed
sixty) he had still the largest practice of any
lawyer in the State of Avhich he Avas the most-
talked-of citizen, but that he Avas not mercenary
is shown by his next appearance in a great public
trial Avhere his love for the accused and hatred
of Jefferson led him to take a most active part.
This Avas in the famous trial of Aaron Burr at
Richmond in 1807; with the possible exception of
the impeachment trial of Andrew Johnson, the
greatest State trial in our history.
Burr, who had first met Martin during the im
peachment trial of Chase, had greatly admired
his talents ancl become his Avarm personal friend,
and hence at once summoned him to his defence,
though he neither had then nor ever had the
money to pay for his legal service.
Again the surroundings were dramatic and the
scene historic. The stately Chief Justice John
'That Judge Chase realized how much he owed to Martin, is indicated
by an anecdote (American Law Review, 1807) to the ellect that in a case
before the Federal Court at Baltimore, some years after the Chase trial,
Martin, overcome by liquor, was so insolent and overbearing in his deport
ment that it became unendurable, whereat the District Judge drew up a
paper for his commitment for contempt and handed it to Chase, who took
up a pen to sign it, hesitated a moment,. threw down the pen and said:
"whatever may be my duties as a judge, Samuel Chase can never sign a
commitment against Luther Martin."

23

Marshal, then fifty-two years of age, "'with eyes
the finest ever seen," sat upon the bench, and as
he looked upon Burr, Avho unflinchingly gazed
back, it Avas remarked " that tAvo such pair of
eyes had never looked into each other before."
The counsel for the government Avere a far abler
trio than had led the attack upon Chase. Their
nominal chief Avas George Hay, son-in-laAV of
James Monroe, Avho acted under advice of daily
letters from Jefferson, avIio Avas even more anxious
for conviction than in the preceding trial and Avho
had greater cause and a far better case. But,
" where McGregor sits is always the head of the
table," and Avhere William Wirt AAras one of the
counsel there could be no other head. Although
but thirty-five, Wirt was even now master of a
style of impassioned eloquence that swept all be
fore it, as can readily be realized by recalling tlie
oft-quoted description in his speech at this trial
of the ruin of Blennerhasset's home by Aaron
Burr. The last of the trio Avas Lieut.-Gov.
Alex. McRea, described as " a sharp-tongued
lawyer." As in the other trial the real leader of the de
fence was the accused, a man Avhose Avhole life Avas
a romance full of shattered possibilities of good
ness and greatness and Avho, if he had possessed
any moral balance, might even then have sat in
the Presidential Chair filled by Jefferson instead

24
of occupying the culprit's seat in a trial for treason
ordered by that chief magistrate.
The nominal leader of the five able counsel for
the defence Avas Edmund Randolph, who had held
two portfolios in Washington's cabinet (ancl left
the last under a cloud) and had also been Gov
ernor of Virginia, able, learned and dignified;
second, Martin; third, John Wickham, leader of
the Richmond bar; fourth, Benjamin Botts, father
of the celebrated John Minor Botts, young but
eminent for his fearlessness; ancl fifth, Jack Baker,
"a jolly dog," lame but very witty.
Martin's old antagonist in the Chase frial, John
Randolph, Avas noAV foreman of the grand jury,
having tried in vain to escape from that duty on
the ground of his prejudice against the prisoner.
Martin's argument in the Burr case can be
found in full in the official published report of
the trial. All in all it impresses one as a skilful
bit of special pleading by one Avho seeks every
technical loophole for his client's escape, and Avho
has read and studied hard for precedents to that
end, pressing these home upon tho court under
the plea of asking fair play for Burr, regardless
of the consequences to Blennerhassett ancl othei's
indicted, notwithstanding that he specially dis
claims such purpose.
A bit of terse common sense may be excerpted
from Martin's argument on a question repeatedly

25

coming before the courts as to the capability for
jury service on the part of those who have read
newspaper accounts of the alleged crime, Avhere
he says " every citizen reads the papers. He sees
therein the charges against the accused. He Avould
not have the soul of a man, nay not the soul of a
mosquito, if he did not take a part in Avhat Avas
going forAvards and an interest in Avhat concerned
the welfare of his country. It cannot be doubted
that juries are as fallible as judges and as liable
to be influenced by their feelings and passions by
what they see and hear."
In the same argument Martin availed himself
of the opportunity afforded by an allegation that
Jefferson Avas keeping back certain important pa
pers necessary for Burr's defence, to pour upon
him the vials of Avrath Avhich he Avas ever ready
to uncork Avhen the President's name Avas men
tioned. He closes this passage of invective by say
ing that " Avhoever withholds necessary informa
tion that would save the life of a person charged
Avith a capital offence is substantially a murderer
ancl so recorded in the register of heaven."
In one of his letters to Mr. Hay, Jefferson re
torts :
" Shall we move to commit Luther Martin as a
particeps criminis Avith Burr? Grayball will fix
upon him misprision of treason at least, and at
any rate his evidence will put down this unprin-
4

26
cipled and impudent Federal bull-dog, and add
another proof that the most clamorous defenders
of Burr are all his accomplices. It will explain
Avhy Luther Martin Acav so hastily to the aid of
' his honorable friend,' abandoning his clients
ancl their property during a session of a principal
court of Maryland, iioav filled, I am told, Avith the
clamors ancl ruin of his clients."
Martin was again on the Avinning side, for, de
spite popular belief in Burr's guilt, at least in
intention, which found voice in the jury's verdict
of " not proved to be guilty," the case of the gov
ernment Avas hopeless after Judge Marshall's ruling
that the assembling and enlisting of men on Blen-
nerhassett's Island shoAAred no overt act; that even
if it did, Burr's agency did not appear, and that
the overt act must bo established before testimony
as to Burr's conduct or declarations could be
admissible. As usual Avith him, Martin stuck by Burr through
good and evil report, and after the trial took him
with Blennerhassett to his OAvn home in Baltimore
as guests. This created great public indignation
in the city, and handbills were posted about that
"effigies of Chief Justice Marshall, of Burr and
Lawyer ' Brandy-Bottle ' " Avould be hanged on
Gallows Hill that evening, a plan which Avas
carried out, the police only preventing a public
riot.

27

In the recollections of John Barney, quoted by
Parton in his life of Burr, Barney states that he
Avas present at a dinner given in Burr's honor by
Martin at this time, at AA'hich Burr rose from the
table and Avent to the window to bow to a passing
band, Avhich, he supposed, had come to serenade
him, but when he discovered that the tune was
"the Rogue's March," the Avindows Avere quickly
closed. This anecdote Avas confirmed by the late
Wm. Jessop of Baltimore, Avho headed the pro
cession on the occasion.
In 1814 Martin was appointed Chief Judge of
the Court of Oyer and Terminer for Baltimore city
ancl county, a position which he filled very satis
factorily till the abolition of the Court in 1816.
In February, 1818, forty years from the date of
his first commission, he Avas reappointed Attorney-
General of Maryland, but his poAvers soon Avaning
an assistant had to be appointed, and he appeared
in but few cases. The last important case in which
I find record of him Avas the famous case of McCul
loch vs. State of Maryland, before the United
States Supreme Court in 1819, a test case as to
the right of a State to tax the circulation of a
United States bank Avithin its limits. Martin
appeared for the State, with William Pinkney
opposed to him. It is curious to note that in
Martin's argument in this case he goes back to the
"strict construction" view of the United States

28

Constitution of his early days in opposition to
the general tenor of the stiff federalism of his
middle life, leading to the conclusion that his
argument is rather " official " than from his con
victions. In 1820 he had a stroke of paralysis and became
entirely dependant upon his friends, as he never
saved any money, which state of affairs led the
Maryland Legislature in 1822 to pass an act,
which is unparalleled in American history. This
act required every lawyer in the State to pay an
nually a license fee of five dollars, the entire pro
ceeds to be paid over to certain designated trus
tees "for the use of Luther Martin." The hold
that Martin had upon his professional brethren
is indicated by the fact that but one lawyer is
on record as ever having objected to paying this
remarkable tax, and he was induced to withdraw
his objections to the constitutionality of the act
before the case reached the highest court, while
the tax Avas almost universally paid ungrudg
ingly. As the end drew near, Burr, Avho Avas Martin's
debtor in every sense, took him into his own house
in New York ancl gave him a permanent home
therein, where, paralyzed, infirm and poor, he
Avas enabled to pass his last days in comparative
comfort, dying July 10, 1826, aged eighty-two
years.

29

Martin as a Lawyer.
Whatever his merits or demerits as man or
statesman, Luther Martin was indisputably a great
laAvyer. The cases in which he was engaged in
the formative period of our republic Avere many of
them of State or national interest, ancl as the lead
ing laAvyer of Maryland at the time he did much
to mould the general tenor of its laAvs. His con
temporaries, the foremost lawyers of his day, such
men as Pinkney, Wirt, Harper, Taney and Story,
have nearly all of them left on record tribute to
his great abilities.
A careful perusal of such of Martin's arguments
as have been preserved — almost invariably they
are very lengthy — show a marvellous memory and
tremendous amount of knoAvledge of law. Equip
ped Avith endless precedents, he cites them at great
length ancl exhausts his side of the case ; yet, Avhile
here and there is found a piece of tremendous
invective or amusing sarcasm, as a Avhole the
speeches are pretty dull reading. One concludes
after careful study of these arguments that Martin
won (for he Avas very successful) more by weight
of precedent and knowledge of laAv than by per
sonal eloquence.
William Pinkney speaks of Martin's argument
in a case in Avhich he Avas pitted against him as
"remarkably redundant" and "remarkably defi-

30

cient" in that he had resorted to authorities with
out number to support what nobody denies and
" had abandoned the field of fair argument," but
in the same speech defends Martin from any
suspicion of dishonorable action and alludes "to
his generosity and utter negligence in pecuniary'
matters." In this connection it is interesting to quote from
Judge Taney, Avho, in his autobiography, says, "I
haAre seen Pinkney writhe as if in pain when lis
tening to Martin speaking in his slovenly Avay
in broken sentences, using the most indefensible
vulgarisms and sometimes mispronouncing his
words," whereas Pinkney, he adds, often over
dressed both his person and his manner, frequently
addressing the court with hands gloved Avith amber-
colored doeskins.
Chief Justice Taney devotes much space in his
autobiography to Martin, saying that "he was a
profound lawyer. He never missed the strong-
points of a case and, although much might have
been omitted, everybody Avho listened to him
Avoulcl agree that nothing could be added," that
the foremost men of the bar were afraid of his
inexhaustible resources and that his fairness to
the accused Avhen Attorney-General Avas always
notable. Judge Joseph Story, Associate Justice of the
United States Supreme Court, gives a very inter-

31

esting sketch of Martin in a letter Avritten at
Washington in 1808 (quoted in full in the life of
Judge Story by W. W. Story). He found him
diffuse, " but amid the chaff is excellent Avhcat."
He animadverts on his slovenly appearance and
says, "you should hear of Luther Martin's fame
from those avIio have known him long and Avell,
but you should not see him."
Aaron Burr Avrote of Martin, " with better breed
ing and a redemption from habits of inebriety his
would be a perfect character. His heart is over
flowing with the milk of benevolence. His pota
tions may sometimes perhaps coagulate, but they
Avill never acidify the fluid Avith which it is so
Avell replenished," piously adding, " may it never
be Avastcd on the unworthy."
In Blenncrhassett's diary of the Burr trial there
is a vivid picture of Martin's staggering into his
room, introducing himself, swallowing a pint tum
bler of brandy, and then talking Avonderfully Avell
upon all subjects, astonishing his hearers by the
Avidth and depth of his knowledge but disgusting
them at the same time by his bad manners. Ad
mitting his Avonderful power of citing facts and
making arguments that sweep aAvay all opposition,
Blennerhasett denies him fancy or grace and sums
him up in one Avord as " the Thersites of the law."
That, especially in later life, Martin Avas some
times guilty of great disrespect to the court is

32
evident from recorded cases in which he Avas
severely reprimanded for such offences.
His Private Life.
The private life of a man Avho for a half century
or more held such prominent position in the pub
lic eye surely awakens interest, but herein it is
that he Avas most a failure. Tho happy husband
and father of Pine's picture, the friend of judges
ancl of statesmen, the rival of Wirt and Pinkney,
the generous host ancl entertainer of the Avealth
and blood of Baltimore, died a childless Avidower,
poor and imbecile, from his bad habits.
In his family relations he Avas especially unfor
tunate. His Avife, of Avhom a beautiful, miniature
by Rembrandt Peale is still extant, died Avhile he
Avas in the prime of life, leaving him two daugh
ters Avho inherited her beauty. In the year 1800,
while these girls were in their, teens, Martin, noAV
fifty-six years of age, paid his addresses to a
charming and Avealthy Avidow, Mrs. Mary Hager,
a lady who at fifteen years of age had refused
Gen. Horatio Gates, of revolutionary fame, and
Avho Avas at this time the Avidow of Charles Hager,
mother of one daughter, ancl possessed of a large
estate in Western Maryland. The mother had
occasion to employ Martin on some law business
ancl Avas shrewd enough not to refuse him till he

33

had Avon hei* suits. She subsequently married a
Col. LeAvis.
A series of Martin's letters to this lady are
extant. All of them are readable, most of them
arc very ardent love letters and very interesting
from their mixture of loA-e and politics as Avell as
from their revelation of the Avriter's character.
In the very first of the series, dated Annapolis,
May 12, 1800, he offers himself as folloAvs :
" You have a charming little daughter Avho
Avants a father. I have two Avho stand in need of
a mother. By doing me the honor to accept my
hand, our dear children may have the one and tho
other, and I promise you most sacredly that in
me you shall ever find a tender, indulgent and
affectionate husband, and your present little daugh
ter shall find in me everything she could Avish in a
father. My fortune, my dear madam, is not in
considerable. I have a large landed estate in
Maryland and Virginia and my practice brings
me more than $12,000 per year. Our estate united
Avill enable us to live in a style of happiness ancl
elegance equal to our wishes, and so far am I, my
dear madam, from Avishing my little girls to be
benefited by your estate, that if we should not
increase our family, your fortune, Avhatever it may
be, shall be your own ; if you survive me, or if
you should not survive me, your daughter's."
The third letter of the series tells its oavii story

34
and is pretty conclusive evidence that at this
period of his career Martin had lost the power of
self-control in the use of stimulants. Reproaching
the lady for coldness, he says :
"I have been told since you left town that on
last Sunday Aveek, in the evening, I Avas seen at
your lodgings. Of this I had no possible recollec
tion. I doubt not that I made a very foolish fig
ure, but I think it impossible that 1 should have
behaved Avith rudeness or impropriety. Was that
the reason, my very dear Mrs. II , of the coldness
and reserve you appeared to meet me Avith on the
Monday morning Avhen I called on you before I
Avent to Annapolis? If so, I Avill not blame you,
but be assured you shall never see mo again in a
situation that I know not what I do, unless it
should proceed from the intoxication of love. In.
the heat of summer my health requires that I
should drink in abundance to supply the amazing,
Ayaste from perspiration, but, having found that I
Avas so unexpectedly affected as I was by cool
Avater and brandy I have determined to mix my
Avater with less dangerous liquors. Nay, I am not,
only confining myself to mead, cider, beer and,
hock, mixed with soda Avater, but I am accustom
ing myself to drink Avater alone. Tims if avc live
to see, each other again you -will find me most
completely reformed ancl the soberest of the
sober."

35

In a letter of December 17, 1800, he is very
loving ancl pleads for a favorable ending of his
suit, announces that he has sent the lady a Christ
inas box of currants and raisins Avith a jug of
Madeira for mince pie, ancl (forgetting his prom
ised reformation) promises to drink her health in
a glass of good Madeira at 2.30 p. m. on Christmas
day and Avishes her to observe the same hour by a
similar libation.
In the last letter, June 12, 1801, the advocate
virtually abandons his suit as hopeless and falls
back into the position of legal adviser and per
sonal friend.
. Luther Martin's besetting sin Avas indisputably
love of, and excessive indulgence in, ardent spirits;
Numberless anecdotes illustrative of this fact are
still in circulation in Maryland, many purely tra
ditional but others Avell founded. At a meeting of
the Maryland Historical Society many yeai's since,
Judge Giles (United States District Judge) cited
John Quincy Adams as having informed him that
he (Adams) Avas once present in the United States
Supreme Court when Martin Avas so drunk that
the Court adjourned rather than let hiin attempt
to conduct his case.1 He Avas often compared to
Porson, the great Oxford professor, Avho absorbed
liquors and Greek Avith equal love ancl felicity:
¦Judge Campbell tells me that this was in the case of Fletcher vs. Peck.
Cranch's U. S. Supreme Court Reports, Vol. VI.

36

This comparison is apt in connection with a story
told in Tyler's life of Judge Taney (page 122 seq.) :
In a suit of great magnitude as to the interests
involved, in Avhich Mr. Taney Avas associated with
Martin, Avhich Avas to be tried at Hagerstown, the
two started from Frederick, 26 miles distant, the
evening before the appointed clay of trial. At
every relay (5 miles) Martin drank Avhiskey Avhen
he could get it, ale, or, if he could get neither, but
termilk. Arriving at Hagerstown they took sup
per, Avhen Taney told Martin that after a cigar and
a rest he Avould come to his room ancl go over the
case Avith him. At 11 p. m, he did so, only to find
Martin Avith hat, one boot, and all his clothes on,
lying across the bed \Tery much under the influ
ence of liquor. Finding it impossible to arouse
him, Taney returned to his own room distracted
but not daunted and studied the case till day
break. At the opening of the Court Taney Avas in
his seat, sure that Martin Avould not appear, as his
room door was locked Avhen Taney left the hotel,
but just as the case was called in Avalked Martin
ancl " in none of his forensic efforts," said Taney,
" did he excel his skill in the management of this
case." The late Reverdy Johnson Avas Avont to tell a
similar story of his experience Avhen, as a young
laAvyer associated Avith Martin, he drove with him
from Baltimore to Annapolis to try a case. Stop-

37

ping over night at the Half-way House, Martin
got very drunk as usual. Mr. Johnson retired
and had been asleep some hours, Avhen he Avas
aAvakened by Martin, Avho entered the room, lit a
candle, threw himself on his bed, took a volume
from •. his pocket and began to read. Much sur
prised, Mr. Johnson inquired as to the book Avhich
so interested him as to keep him from undressing
and retiring at that late hour. " Young man,"
replied Martin, " I have of late always made it
a rule to read a few pages from the book of
Common Prayer before going to sleep."
That Martin knew the difference between
"Philip drunk and Philip sober" Avas evidenced
in the pretty Avell authenticated story of the defi;
nition of drunkenness that he gave to a certain
Episcopal clergyman of Baltimore, Avho having
been complained of by some of his parishioners
for intemperate habits, sought Martin as his legal
adviser. "Are you guilty?" said Martin. "That
depends, sir," AA'as the reply, " upon Avhat you
call drunkenness." "A man is drunk," replied
Martin, " Avhen after drinking liquor he says or
does that Avhich he Avould not othenvise have said
or done" — a definition, by the Avay, Avhich has
been much discussed pro and con in social as Avell
as legal circles in Maryland since.
As to Martin's religious convictions there is on
record a single important entry, that is in the

memoirs of Rev. Dr. Jas. Millmore (for many
years rector of St. George Church, New York) by
Rev. Dr. J. S. Stone (Am. Tract Soc'y, 1848),
Avherein, says the biographer, "April 5, 1813, he
records an account" (in his diary) " as singular
as it Avas pleasing of the conversion of L'.
M., an eminent lawyer in Baltimore, advanced
in years, avIio had been equally celebrated for his
powerful eloquence at the bar, ancl for his notor
ious sacrifices at the shrine of Bacchus." After
noticing this man's appearance at a public reli
gious meeting, Avhere he engaged in exhortation
and prayer, in a manner " which for fervor and
sublimity astonished all avIio heard him," the
diarist exclaims, " Thanks be to God, His power
is infinite !"
This extract must apply to Martin, yet he Avas
certainly an attendant at St. Paul's in Baltimore
many years before. The parish records of this,
the oldest episcopal parish, show him to have held
a pew from before 1800 to 1824 ancl that he Avas
characteristically ever in arrears for pew rent for
non-payment of Avhich his pew finally passed into
other hands. . '
Next to. intemperance, gross carelessness in
money matters seems to have been his pervading
fault. William Pinkney has already been quoted
on this point ancl there is abundant other evi
dence. An advertisement clipped from a Baltic

39

more paper some\vhere betAA'een 1813 and 1820
shows Martin advertising for a loan of $1,200 for
one year. He offers as security land within from
3 to 12 miles of the city (evidently various pieces
of property), "valued at $40,000," offers to pay
interest every 60 days and closes by saying "avIio-
ever shall advance this money will be secure from
any loss, Avill enjoy the same profit upon it as if
invested in bank stock, ancl will confer an obli
gation upon a person in the catalogue of whose
vices whatever they may be, ingratitude has never
been named."
i It is curious to know on Martin's own authority
as narrated by him to the father of a gentleman
still living, that at about' this time (Avhether in
rcsponso to this advertisement is not stated) the
wealthy merchant, Robert' Oliver, of Baltimore,'
sent his cashier to Martin with his blank check,
requesting him to fill it out for an amount to
"cover his present necessities." Said Martin as
he. told the story, "I took the noble fellow at his
word. and filled out the check for $5,000," for
which, tradition says, he subsequently executed a
mortgage of some real estate, but it is not proba
ble that Mr. OliA'er expected to be or ever was1
fully repaid.
In their marriages neither of Martin's daughters
chose Avisely, bringing unhappiness alike upon
their doting father and upon their own heads..

40
Thes'e girls, Maria and Elinor, are said to have
both been beautiful and accomplished. An exist
ing miniature of the" eldest, Maria, by Rembrandt
Peale,1 which Avas pronounced by the late Madame
Patterson Bonaparte " a living likeness," certainly
bears out the claim so far as she Avas concerned.
The youngest daughter, Elinor, Avhen but six
teen years old married, February 24, 1801, at
Brooklyn, N Y., Richard Raynal Keene. This
marriage Avas in direct opposition to her father's
Avishes, Avas unattended by and never forgiven by
him. It lead to the publication by him in 1801-2
of a remarkable series of pamphlets entitled
'f Modern Gratitude."
This strange Avork consists of five pamphlets
published at short intervals, of Avhich but very few
complete collections are extant.. The most valu
able, in that, it contains the single pamphlet pub
lished in rejoinder by Keene bound up with it, is
owned by the Maryland Historical Society, Avho
secured it at the "Brinley sale "a few years ago.
In these publications Martin excoriates his son-
in-law, R. R. Keene, Avith all the virulence of
Avhich his extensive vocabulary and Avide reading
of criminal cases, gives him command. More bit
ter language he could have hardly bestowed upon

p 'This with similar miniatures of Martin and his wife, all beautifully
executed, are now in possession of his great-nephew Luther Martin McCor
mick, of Baltimore. . >

41

'a Cataline or Nero. Yet the Avork is very tedious
reading. The sum and substance of the matter,
as gleaned from the pamphlets and rejoinder
seems to be that after Martin had taken Keene,
an impecunious young lawyer, into his home as
a matter of kindness and charity, the latter stole
the affections of his young daughter Avhen she Avas
but a child of fourteen; and after a sinuous course
of concealment and deception of her father induced
'her to marry him, despite that father's requests',
threats, protestations and commands. All in all
the book is a curious study, leading one to feel
that Martin undoubtedly had much provocation,
that Keene's conduct Avas unmanly, but that the
publication could be of no benefit to any of the
•parties in interest, yet it has served one1 good pur
pose in that in defending himself from Keene's
charges as to his own early' pecuniary difficulties
•and his. habits, Martihgives the interesting bits
'of autobiography from Avhich we get all our knowl
edge of his early life. '
The inauspicious marriage resulted unhappily,
the young wife is said to have been ill-treated.
She survived but four years, dying in 1807. Tho
issue-of the marriage Avas one son, Luther Martin
Keene, born in New Orleans, died in 'New York
City. Despite his dislike of the father, Martin
loved, cared for and educated the son, whose
father soon dropped out of sight. When the old
6

42
lawyer died he left his valuable laAv library to
the lad, Avho quickly sold it as he did a lot that
had been Avilled to his mother by Mr. Burns —
father of the celebrated belle, Mrs. Van Ness,
who left a lot in Washington to each of Mar
tin's daughters out of regard for their father.
The young man squandered the . proceeds, Avent
from Baltimore to New Orleans, thence to sea
and came home to New York a wretched invalid,
dying at a hospital in early manhood, ending the
direct line of Martin's descendants.
Maria Martin, - the . elder daughter, married
a naval officer, Lawrence Keene, not a relative
of Richard Raynal Keene. They lived a while
Avith her father, but her married life was also
unhappy and she separated from her husband,
who left the city. Not long after she Avas sum
moned to his dying-bed in New York, but his
life had expired when she arrived. Heart-broken,
she .returned home, but soon became insane from
her troubles and Avent to an asylum, where she
shortly died.
If Capt. Cresap ever did Avrong the family of
the Indian Logan, surely his sin Avas visited
upon his children, even to the third ancl fourth
generation.

LIFE AND CHARACTER

NATHANIEL RAMSAY.

A SKETCH OF THE
LIFE AND CHARACTEROF
NATHANIEL RAMSAY,
JAcnl.-Col. Cmmumiilunl of the. Third Regiment of the Muryhiml Line.

lyTATHANIEL RAMSAY was of Scotch-Irish
1 parentage. His father, James Ramsay,
Avhen young, emigrated from the North of
Ireland to the Colonies and, as a. farmer, settled in
Lancaster County, Pennsylvania. Here Avere born
to him, among other children, three sons, to each
of Avhom he gave the best collegiate education to
be had then in America, and each of Avhom did
honor to a judicious father's training. William,
the eldest of these sons, a much-esteemed Presby
terian minister, died in 1771 in Connecticut, where
all his ministerial life had been spent. David, the
3roungest, and probably the most intellectual, is
45

46
Avell knoAvn among the eminent men of the early
history of the United States as patriot, historian,
ancl physician.
Nathaniel, the second son, Avas born 1st May,
1741. After graduation at Princeton he studied
law, and in 1771 became a member of the bar in
Cecil County, Maryland. A portrait by one of the
Peales, hanging above me as I write, represents
him upholding. the goodly volume of Bacon's LaAvs
of Maryland. Before he could have had time to
attain a high position as a lawyer, he gave himself
to the struggle that ended in the independence of
his State and of her associates. He Avas a delegate
from his county to the Maryland Convention of
1775, and Avas actively engaged in furthering the
ends of that convention until January, 1776, Avhen
he Avas made a captain in the first battalion raised
in Maryland.
This battalion, under the" command of Colonel
Smallwood, marched to Philadelphia and thence to
New York in time to take part in the disaster of
Long Island, Avhich, but for the judgment and the
surprising bodily endurance of Washington, might
have been the termination of the hopes of the
Americans, .and. Avhich, on the day of the battle,
Avas relieved only by the daring and steadiness of
a portion of the Marylanders, Avho, in repeated
charges on Lord CornAvallis, Avere used by Lord
Sterling to cover the retreat of his men.

47

Ramsay remained connected with the army until
the close of the Avar, although in inactivity during
a long period through no will of his own. He
found opportunity to gain a reputation for coolness
and courage; but he held a suboi'dinate position,
and he might have had no claim to remembrance
other than that of numbers of the brave and
patriotic men of his day but for the fact that, in
his last battle as in the first, he Avas among those
Avho were called on to face special danger for the
safety of others. Colonel Ramsay, as a soldier, was
especially prominent on only one occasion ; but his
conduct then and the great interests that then
rested ou him and his command Avere such as to
deserve enduring gratitude, especially from Mary-
landers, Avhose reputation he advanced.
The dreary Avinter passed by Washington at
Valley Forge had ended. The Americans, who
did not often attain distinguished success in arms,
had shown Iioav they could endure privation and
suffering. They seem to OAve the gaining of
their freedom to having acted on the precept of
the early Church Father, Stand as an anvil that is
beaten. When the summer came the British found
themselves obliged to abandon Philadelphia, and
on the 18th June Sir Henry Clinton crossed the
Delaware Avithout opposition. This evacuation had
been foreseen, and when a council Avas held to de
cide ou the course to be pursued a large majority

48
of the general officers Avere prompt to declare that
an action should be avoided: General Lee even
•asserted that it would be " criminal " to hazard an
enaao-ement. The destination of Clinton Avas un-
certain. Washington followed him through New
Jersey, purposing to be governed by eA^ents and
influenced by a judgment different from that of
his council a. second time convened, and Avhich
Avas still of the opinion that a collision should
be avoided.
As the British drew nigh to the heights about
Middletown, without further consultation he de
cided on his own responsibility to attack them
when they should leaAre a strong position held by
them near Monmouth Court House. With this
view he disposed his troops and gave his orders on
the night before, the 28th June, 1778. To Gen
eral Lee Avas assigned the duty of attacking the
rear of the enemy Avhen on their march. Recon-
noitering that he might properly do this, Lee was
met by a larger force than he had looked for,
Clinton having marched back with his Avhole rear
division. After a slight hesitation he directed the
Avhole detachment under his command to regain
the heights they had passed. "About noon Wash
ington, Avho Avas leading the rear division of the
army, to his utter astonishment and mortification,
met the advanced corps retiring before the enemy
Avithout having -made a .single effort to maintain

49

their grounds. Those Avhom he first fell in Avith
could give no other information than that by the
order of General Lee they had fled without fight
ing. General Washington rode to tho rear of the
division which he found closely pressed. There he
met Lee to whom he spoke in terms of some
warmth. . . . lie also gave immediate orders to
the regiments commanded by Colonel Stewart and
Lieutenant-Colonel Ramsay to form on a piece of
ground for the purpose of checking the enemy Avho
were advancing rapidly on them."
The facts here stated are given on the authority
of Judge Marshall : the last paragraph is in his
words. It is not for me to describe the battle, but
only to present more fully AA'hat Marshall dis
misses in a line, — the incident that concerns the
subject of my sketch. Why, being Lieutenant-
Colonel, Ramsay Avas in command of a regiment
I cannot say ; nor do I knoAV Avhen he Avas prac
tically promoted. His formal commission is pre
served. It is signed by John Jay, President of
the Congress of the United States, ancl bears date
1st June, 1779, nearly a year after the battle of
Monmouth: it constitutes and appoints him "to
be a Lieutenant Colonel Commandant in the Army
of the United States, to take rank as such from
the first day of January, A. D. 1777."
Ramsay's share in the battle of Monmouth is
related by an eye Avitness in these words :
7

50

" I Avas at General Washington's side Avhen he
gave his orders to Colonels Stewart and Ramsay.
General Lee's command Avere retiring before the
British troops which Avere pressing close upon
them. General Washington arrived at this junc
ture, contemplated the scene for a few moments,
then called to him Colonel Stewart and Colonel
Ramsay, Avhen taking the latter by the hand,
'Gentlemen,' said he to them, 'I shall depend on
your immediate exertions to check Avith your tAvo
regiments the progress of the enemy till I can
form the main army.' ' We shall check them ! '
said Colonel Ramsay. These officers performed
what they promised. Colonel SteAvart Avas early
Avounded ancl carried off the field. Colonel Ram
say maintained the ground he had taken till left
Avithout troops. In this situation he engaged in
single combat with some British dragoons, nor
yielded till cut down by numbers and left for dead
on the field. . . . This important service . . .
arrested the progress of the British army and
gave time to the Commander-in-Chief to bring up
ancl assign proper positions to the main army."
This relation is taken from a marginal note in
a copy of Marshall's Life of Washington, noAv
belonging to Mrs. Barnard, a granddaughter of
Colonel Ramsay. It Avas there Avritten by James
McHenry, afterwards Secretary of War, at the
time of Avhich he speaks on General Washington's

51

staff, and,. at another period, an aide to La Fayette
and, being an able officer trusted by the Comman
der-in-Chief, more than a military aide to the
youthful General.
Family tradition adds something to the state
ment made by Mr. McHenry. It is said that
Washington took the Maryland Colonel's hand in
both of his and said with great solemnity: "Sir,
in God's name hold this ground — minutes. The
safety of the army depends on your doing so."
The time specified Avas more than doubled before
Ramsay's guns Avere Avithdrawn. They Avere saved.
Additional facts arc given in a draft of a letter,
in Mr. McIIenry's hand, found a feAV yeai*s ago,
among family papers, and noAV in my possession.
It is entitled " Extract of a letter from a gentle
man in the army to his friend in this city," and
Avas Avritten for publication in a Philadelphia
newspaper Avith a vieAv to correct some wrong
statements respecting the battle of Monmouth.
There is on the manuscript nothing to indicate
Avhether it Avas published at, the time. A copy of
it having been given to Mr. Thomas H. Mont
gomery, it was by him given to the public through
the Magazine of American History of June, 1879.
In his comments, Mr. Montgomery conjectures
that Mr. Dunlap, the editor to Avhom it Avas
offered, could not be induced to give it a place
in . his paper. In a paragraph commending a

52

number of officers who had distinguished them-;
selves, Mr. McIIenry says :
"Indeed every, gentleman Avho was engaged
seem to act to the full extent of his force and
situation, ancl to vie Avith each other for pre
eminence in honor. Some even carried this prin
ciple in the ardor of military pursuit beyond
its purpose. This Avas the case Avith Lieutenant-
Colonel Ramsay. While his . men were on the
retreat he Avas attacked by one of the enemy's
dragoons Avho charged him very briskly. The
Colonel was on foot. It Avas for some time be-.
tween them a trial of skill and courage. After
the horseman fired his pistol, the Colonel closed
in and Avounded ancl dismounted him. Several
dragoons now came up to support their com
rade ; the Colonel engaged them . cominus ense,
giving and receiving very serious wounds, till at
length attacked in his rear and overpowered by
numbers he Avas made prisoner. General Clin
ton paid a proper attention to such uncommon
prowess and generously liberated the Colonel the
following day on his parole."
In the marginal note that has been quoted Mn
McIIenry states that Colonel Ramsay was left for
dead on the field. This Avas the fact. During the
early part of the night he revived, but had no •
opportunity to escape ; he Avas Avithin the lines of
the enemy who held the ground on Avhich the

53

engagement had taken place until about midnight.
While the Colonel was fighting hand to hand, a
pistol Avas fired at his head within a short dis
tance: at the moment of its discharge it Avas
turned aside by the sword of an English officer.
Life Avas thus saved, but one-half of the Colonel's
face Avas burned, and eArer after showed the
blackened evidence of his having borne the brunt
of a dangerous contest.
From the date of his capture at Monmouth
Colonel Ramsay saAv no. active service. A long
period was passed on parole or in imprisonment.
When tardy exchange brought release his com
mand had been filled. That happened to him
of Avhich many during the Avar had cause to
complain. The giving commissions Avas in the
hands of Congress Avhose members Avere not
ahvays mindful of, or aware of desert. The Com
mander-in-Chief, not unfrequently felt the Avrong
done to men on Avhom he AA'ould have bestowed
marks of honor. He " gratefully remembered," —
so Mr. McIIenry wrote on the margin referred
to — "the service rendered at Monmouth," and
" on his accession to the Presidency of the United
States he appointed Colonel Ramsay to the civil
office of Marshal, and afterwards to a place of
more profit in the customs."
Before the act of self-devotion 'ever gratefully
remembered,' the two men had been on terms of

54

friendly intercourse. Perhaps, therefore, when at
Monmouth Washington called before him the com
manders of the two regiments on Avhose exertions
he depended, he addressed himself to Ramsay
rather than to Stewart, who was of a higher grade.
This personal friendship continued through life.
This statement was doubted by a friend. Through
persistent effort I have learned that the Colonel
Ramsay Avho Avas pall-bearer Avas a Virginian.
The records of the Masonic Lodge in Baltimore
shoAv this. to be the fact.
It is probable, although I have no positive
evidence of the supposition, that after the close of
the Avar Colonel Ramsay resumed the practice of
his profession as laAvyer.
Twice under the first Federation of the United
States he represented Maryland in Congress — in
1786 and in 1787.
In the first year of the present Government he
Avas Marshal in and for the District of Maryland.
His appointment is signed by George Washington,
President. A second appointment to the same
office bears date 28th January, 1794, ancl is signed
by Edmund Randolph as Avell as by the President.
In December, 1794, he was made Naval Officer for
the District of Baltimore, having received a tem
porary appointment in August, Avhen the Senate
Avas not in session. In marked contrast Avith a
later custom of the Republic, Colonel Ramsay held

this office during the remainder of his life — that is,
under Washington and Adams, Avhose political
opinions he shared, being a Federalist, and also
under Jefferson' ancl Madison and Monroe. His
first appointment may be attributed to his General's
gratitude ; his long continuance in office was due to
ability and faithfulness in discharge of duty.
Despite a someAvhat lavish expenditure and a too
trustful mode of dealing Avith men, Colonel Ramsay
was, in a business sense, a prosperous man. At
Carpenter's Point, in Cecil County, where the North
East River joins the Chesapeake Bay, he OAvned a
Valuable estate, at that time especially valuable as
a fishing shore. Here, all his life, he Avas fond of
spending such time as public duty granted.
- His home, for a time, Avas in Annapolis. The
United States Court for Maryland, when first estab
lished, was held in Annapolis.' In Baltimore,
'during many years, he occupied Fayetteville — a
handsome mansion then on the outskirts of the
city belonging to the friend to Avhom Ave are
indebted for testimony respecting the facts that
secure to Ramsay a place in the history of his coun
try — testimony modestly Avithheld by his brother,
the historian. Mr. McHenry had rented his house
when absent at the seat of government as Secretary
of War. On his return to Baltimore, not to disturb
his tenant and to indulge an affectionate intimacy,
he built himself another dwelling near by. The

56
strong friendship thus shoAvn Avas made closer by
the marriage of a son of the one to a daughter of
the other.
In person Colonel Ramsay was very tall — two
or three inches above six feet. In early life his
frame, although vigorous, was somewhat slight.
He is rightly so represented in the spirited bronze
casting by Mr. Kelly on the monument lately
erected at Monmouth. As age advanced his fig
ure filled out, so that his commanding appearance
Avould have insured observance among his felloAv-
townsmen had he not been Avell knoAvn to all, and
remarkable also as among the last of the cocked
hats in Baltimore.
Courage and gentleness are often associated.
Colonel Ramsay was characterized by the one
quality and by the other. He was modest in
manners, even to an appearance of diffidence ; yet,
this shyness overcome, he was found to be full of
humor and good fellowship ; i. e., " within the
limit of becoming mirth," for he AAras an avowed
Christian, Avalking in the fear of God. His daugh
ters were fond of telling of a habit that marks sen
timent as Avell as devoutness. After the dismissal
of his family, before retiring himself, he Avas used
to go out and under the open heaven hold com
munion with his Maker. He Avas claimed as a
playmate by children. The poor kneAV him to be
their friend, and therefore not unfrequently im-

57

posed on him. His daughter, has related how on
one occasion her father meekly submitted to a
virago of the neighborhood, Avho, with the rough
ness of one claiming a disputed right, demanded
food for her pigeons, because he had replaced a
broken AvindoAV-pane in his granary and they could
no longer get their accustomed supply of corn and
oats. Another fact, also told me by his daugh
ter, shoAvs that his kindness of heart betrayed
him into doubtful modes of relieving suffering.
As Avinter approached he ahvays laid in large
stores of wood brought from his Cecil estate —
stores large enough for his family and for some of
his neighbors who could not buy and to beg Avere
ashamed. When rebuked for alloAving himself to
be openly robbed, his only answer Avas, "Poor fel-
Ioavs, they must be cold or they would not take my
Avood." The rigidly righteous may censure his dealings
Avith the poor ; but he will not be condemned for
having shoAvn mercy.
He was long remembered with affection because
of his tenderness ancl generosity, as well as with
admiration for other characteristics.
Soon after his admission to the bar Colonel
Ramsay married Miss Peale, a sister of Charles
Wilson Peale, the artist and naturalist. From
this marriage there Avas no issue. In 1792 he
8

58

took a second Avife, Charlotte Hall, daughter of
Aquila Hall and Sophia White, descendants of
early settlers in the province. Of five children
born of this union three survived their father :
William White Ramsay, who left one son and
three daughters ; Sophia Hall, married to Daniel
McIIenry, whose only child, Ramsay, died unmar
ried ; and Charlotte Jane, who was married to
Henry Hall of Shandy Hall, captain of cavalry
during the Avar of 1812, and Avhose five children
are now living.
Colonel Ramsay died October 23, 1817, ancl
Avas buried in the Presbyterian burying ground,
corner of Fayette and Green streets, Baltimore,
wherein was built about thirty-five years ago the
Westminster Church.1

1 A few days after, the following obituary notice appeared in the Baltimore
Patriot. Died, On Friday morning at 2 o'clock, Col. Nathaniel Ramsay of
Baltimore, who in the revolutionary war distinguished himself as a hrave,
meritorious and humane officer. He was loved and esteemed by all the
army, particularly by that great, good, and discerning man, Gen. AVasji-
INGTON. At the Battle of Monmouth, when our army was pressed by the enemy
advancing rapidly, Gen. Washington asked for an officer; Col. Kamsay
presented himself; the General took him by the hand and said, "if you
can stop the British ten minutes (till I form)' you will save my army."
Col. Kamsay answered, " I will stop them or fall." He advanced with his
party, engaged and kept them in check for half an hour ; nor did he
retreat until the enemy and his troops were mingled; and at last, in the
rear of his troops, fighting his way sword in hand, he fell, pierced with
many wounds, in sight of both armies. Add to this he was one of the best
husbands, fathers and friends in the world. He will forever be lamented by
Ms neighbors, and all who knew him.

59

In Independence Hall, Philadelphia, may be
found a portrait of Colonel Ramsay and also one
of Dr. David Ramsay, by whom painted the cata
logue does not state : the likeness seems to have
been secured as was that of the Scottish kings
before Macbeth. The daughters of Mrs. Hall,
besides a very attractive portrait in oil, from life,
of Dr. Ramsay, have three portraits of their
grandfather, taken at different periods of his life :
one full-size in oil, and two miniatures on ivorv.
Brief mention of " the brave Colonel Ramsay "
has been made in not a feAV publications, and lately,
through the erection of the monument to com
memorate the Battle of Monmouth, attention has
been draAvn to the gallant conduct of his command
in checking what threatened to be a rout. A notice
of his life Avas written by myself for Johnson's
Cyclopedia, where it appears over the name of
General J. G. Barnard, and to Mr. Kelly, who has
by his art enhanced the value of the Monmouth
Monument, for some publication in connection with
that memorial, I gave a year ago the substance of
this sketch ; but I have no reason to suppose that
my paper has been or will be used.
In a pamphlet Avithout date, entitled " Sketch of
Colonel Nathaniel Ramsay, of Cecil County, Md.,"
Isaac R. Pennypacker, Esq., has given a number of
interesting facts, gathered from various sources

60

with a diligence presumably quickened by the fact
that Mrs. Pennypacker is a granddaughter of Mr.
William White Ramsay. I have not ventured to
add the fruit of his research to what is familiar
through family relations. W- F. Brand.
Rectory of St. Maky's Church,
Harford Co., Maryland,
October, 1885.

THE

NATIONAL MEDALS

UNITED STATES.

A Paper read before the Maryland Historical Society,
March 14, 1887,
HY
RICHARD M. MoSHERRY,
Of the Baltimore Bar.

JaHimore, 1887.

THE

NATIONAL MEDALS

OF THE

UNITED STATES.

^urxd-HPublxccxlxon, Q!Tto. 25.

THE

NATIONAL

UNITED STATES.

A Paper read before tlie Miirylainl Historical Society,
March 14, 1887,
BY
RICHARD M. McSHERRY,
Of xnE Baltimore Bar.

3B;iIliiiioir, 188

/.

PEABODY PUBLICATION FUND.

Committee on Publication.
1886-87.
HENRY STOCKBRIDGE,
JOHN AV. M. LEE,
BliADI.EY T. JOHNSON.

Printed by John Murimiy & Co.
printers to tub maryland historical s001kty.
Baltiuore, 1887.

THE NATIONAL MEDAL
OF THE
UNITED STATES.

SO far as authentic history goes, the great deeds
of men have been commemorated in some
conspicuous form, not only as a just recom
pense for Avell accomplished duty, but as an incen
tive to future generations to emulate the public
virtue of the hero.
As the Prince Ozias said to Judith, " He has so
magnified thy name this day that thy praise shall
not depart, out of the mouth of men."
And beyond authentic history in that semi-tAvi-
light noAv being pierced by the keen eye of science,
Egyptian papyri, immemorial stones canned Avith
Assyrian and Persian cuneiform, Avith Scandina
vian and Teutonic Runes, or Avith Aztec hiero
glyphs, all give us in picture or in prose the story
of the public triumph.

5

6
But the natural fitness of things requires that
public reward for public services should be ex
pressed not only in a conspicuous, but also in an
enduring form, and so all the resources of art and
labor and treasure have in each succeeding age
been utilized and exhausted, to produce gorgeous
edifices, temples and monuments to signalize the
victories of the great captains and the reigns of
the great kings and princes of the earth.
Many of these great monuments of the past do
survive, such as the Pyramids, and the later edi
fices of Greece and Rome, and to an extent we
know their meaning and the name of the person
in Avhose honor they were built. But Avho shall
tell us of the number that have fallen into ruin
and disappeared, as the men whose names they
were built to perpetuate have disappeared and
been forgotten.
And of those that exist which one tells us that
Avhich any coin dug from the old soil of the Troad
Avill tell us ; the name, the date, the very features
of the man in Avhose honor it was struck.
The two largest and most imposing monuments
on the Appian Avay, near Rome, are circular edi
fices, one of which is so large that there is a house
and farm buildings and an olive grove upon its
summit, and no man knows in Avhose honor it was
built. The other, which is somewhat smaller, tra
dition calls the tomb of Cecilia Metella, but tradi-

tion cannot tell us who Avas Cecilia, nor why this
sumptuous pile Avas erected to her memory and
the tomb itself is silent.
But medals, as memorials, are not silent. In a
year, or a hundred years, or a thousand years, or
ten thousand years, after the man has played his
part, this little metal disk is a Avitness Avho shall
tell him who reads, the name of the man and the
deed he did, and the time and the country, and
shoAv his very features " in his habit as he lived."
Much as Ave are indebted to ancient coins for
exact and concise historical information, it Avould
appear that Avhat we call a medal Avas practically
unknoAvn to antiquity, which only struck pieces
destined for circulation and exchange as money.
The ancient engravers in the types of current
money infinitely varied, endeavored to multiply
and disseminate religious and historical ideas, but
these Avere technically coins not medals.
The exact definition of a medal according to the
science of numismatics is, " A piece of metal in the
form of a coin not issued or circulated as money,
but stamped with a figure or device to preserve the
portrait of some eminent person or the memory of
some illustrious action or event."
It may be fairly said that we OAve the medal,
according to this definition, to that period to which
all arts are so much indebted. I mean the Italian
Renaissance of the fifteenth century, which broke

8

the old mould that imprisoned art in conventional
forms and brought her back to her mother nature.
Vittorio Pisano or Pisanello Avas indeed the
creator of the medal proper. He was a portrait
painter of Verona, and the first technical medal
Avas designed by him in honor of John Paleologos,
next to the last Greek emperor of Constantinople.
This potentate, Avho Avears in the medal a very
remarkable headdress copied from life, was at the
time, 1439, attending the great Oecumenical Coun
cil held at Ferrara and Florence, consulting about
the union of the Greek and Latin churches, and
had this medal struck in honor of his visit.
So accomplished an artist was Pisano, that a very
late Avork on numismatics says that, " He marked
the limits of the art to Avhich he gave birth, and his
successors have made variations on his style but
not improvements."
From his time onward Italy has been distin
guished in this beautiful art — the long list of its
masters, either as designers, engravers or both,
including such great names as Ratfaele and Bene-
venuto Cellini.
France followed quickly in the footsteps of Italy,
and a very beautiful medal was struck in 1451 to
commemorate the taking of Bordeaux and the final
expulsion of the English from France. Other
nations followed in the Avake and adopted the idea,
so that every civilized country soon had issued

9

national medals of more or less importance and
artistic merit.
" When in the course of human events it became
necessary for this people to assume among the
powers of the world the separate and equal station
to Avhich the laws of Nature and of Nature's God
entitled them," the Continental Congress was met
at the outset Avith the question as to hoAV the new
republic should honor its heroes. It could not give
them titles and peerages, but it could give them, as
General Scott once expressed it, "the highest
reward a free man can receive — the recorded appro
bation of Ms country." Nay, even before the tre
mendous declaration of the 4th July, 1776, the
Congress had decided the point, for on the 26th
March, 1776, it Avas
" Resolved, that the thanks of this Congress in their own
name and in tho name of the thirteen united colonies whom
they represent be presented to His Excellency General Wash
ington, and the officers and soldiers under his command for
their Avise and spirited conduct in the siege and acquisition of
Boston ; and that a medal of gold be struck in commemora
tion of this great event, and presented to His Excellency, and
that a committee of three be appointed to prepare a letter of
thanks and a proper device for the medal."
Messrs. Jno. Adams, Jno. Jay and Hopkins,
Avere the committee so appointed, and here over
tliree months before the Declaration of Independ
ence begins the story of

10

The National Medals of the United States.
The letter of John Hancock, President of Con
gress to General Washington, informing him of
this resolution, may Avell be taken as the best
expression of the meaning and extent of the honor
conferred on an American citizen by an act of Con
gress presenting him with a medal.
"Philadelphia, 2d April, 177G.
" To General Washington.
"Sir: It gives me the most sensible pleasure to convey to
you by order of Congress the only tribute which a free people
will ever consent to pay — the tribute of thanks and gratitude to
their friends and benefactors. The disinterested and patriotic
principles which led you to the field have also led you to
glory ; and it affords no little consolation to your countrymen
to reflect that as a peculiar greatness of mind induced you to
decline any compensation for serving them except the pleasure
of promoting their happiness, they may without your permis
sion bestoAV upon you the largest share of their affection and
esteem. " Those pages in the annals of America will record your
title to a conspicuous place in the temple of fame, which shall
inform posterity that under your direction an undisciplined
band of husbandmen, in the course of a few months became
soldiers; and that the desolation meditated against the country
by a brave army of veterans, commanded by the most experi
enced generals, but employed by bad men in the worst of
causes, was, by the fortitude of your troops and the address of
their officers next to the kind interposition of Providence, con-

11

fined for near a year within such narrow limits as scarcely to
admit more room than was necessary for the encampments and
fortifications they lately abandoned. Accept, therefore, Sir, the
thanks of the United colonies unanimously declared by their
delegates to be due to you and the brave officers and troops
under your command, and be pleased to communicate to them
this distinguished mark of the approbation of their country.
The Congress have ordered a golden medal adapted to the
occasion to be struck and when finished to be presented to you.
" I have the honor to be with every sentiment of esteem,
Sir, your most obedient and very humble servant,
"John Hancock,
" President."
No country in the world has been as chary of
granting this sort of public recognition to its citi
zens as the United States. From the beginning
of our national history to this, the 112th year of
the republic, only eighty-three medals have been
granted by Congress, so that of all governmental
honors know^n to the world to-day, it is the rarest:
It is interesting to recall the various opinions
and suggestions made by the great men of that
time in treating of this subject.
The United States Mint Avas not established
until 1792, and previous to that time the revolu
tionary medals Avere struck in France generally
under the direction of the American minister near
that court. And it happened that there was in
Paris at that time a brilliant group of engravers

12
who have given us in all of these medals noble
specimens of their beautiful art.
It appears that the first medal actually struck
Avas that of Lieutenant-Colonel de Fleury, which
Avas executed under the direction of Dr. Franklin
about 1780.
The doctor sIioavs his practical mind in a suggesT
tion Avhich he makes in a letter to Mr. Jay, the
then Secretary of State, he says :
"The man avIio is honored only by a single medal is obliged
to show it to enjoy the honor which can be done only to a feAV
and often awkwardly. I, therefore, Avish the medals of Con
gress were ordered to be money, and so continued as to be con
venient money by being in value aliquot parts of a dollar."
Our government has never quite adopted that
idea (Avhich Avas exactly the practice of the coiners
of antiquity), but it has come tolerably near it by
placing upon every revenue and postage stamp and
bank note the portrait of some of our public men.
In 1792 the Senate passed a bill for coining-
money Avith the head of the President upon it,
but General Washington himself opposed it, and
the House of Representatives amended the bill by
substituting the head of Liberty, the mother or per
haps grandmother of the classic female who hoav
figures on that coin Avhich is by laAV Avorth 100
cents, and of Avhich we all try to be collectors.,
Colonel Humphreys, av1io1 Avas entrusted by Mr.

13

Morris with the commission of procuring the other
medals Avhich had been voted, immediately upon
his arrival in Paris addressed himself to the French
Royal Academy of Inscriptions and Belles Lettres,
asking them to aid him " in having these medals
executed in a manner grateful to the illustrious
personages for whom they are designed, Avorthy
the dignity of the sovereign power by whom they
are presented, and calculated to perpetuate the
remembrance of those great events Avhich they are
intended to consecrate to immortality."
The Academy took a most active interest in the
Avork and immediately appointed a committee of
four of its members to suggest the designs.
Colonel Humphreys returned to America, leav
ing the superintendence of the medals to Mr.
Jefferson, Avho in Avriting about them to Mr.
John Jay, the then Secretary of State, made some
suggestions Avhich are thus commented on by Mr.
Jay in his report to Congress, dated 11th July,
1787. After reciting Mr. Jefferson's suggestions,
he says :
" In tlie judgment of your Secretary it would be proper to
instruct Mr. Jefferson to present in the name of the United
States one silver medal of each denomination to every mon
arch (except the King of England for that would not be deli
cate) ; and to every sovereign and independent State without
exception in Europe, and also to the Emperor of Morocco.
That he also be instructed to send fifteen silver medals of each
3

14

set to Congress to be by them presented to the thirteen United
States respectively, and also to the Emperor of China with
an explanation ancl a letter, and one to General Washington.
That he also be instructed to present a copper medal of each
denomination to each of the most distinguished Universities
(except the British) in Europe, and also to Cte de Rocham-
heau, Cte d'Estaing and Cte de Grasse, and lastly that he be'
instructed to send to Congress two hundred copper ones of
each set together with the dies.
"Your Secretary thinks that of these it would be proper
to present one to each of the American colleges, one to the
Marquis de la Fayette, and one to each of the other Major-
Generals Avho served in the late American army, and that the
residue Avith the dies be deposited in the Secretary's office of
the United States subject to such future order as Congress
may think proper to make respecting them.
" It might be more magnificent to give gold medals to
sovereigns, silver ones to distinguished persons and copper
ones to tlie colleges, but in his opinion tlie nature of the-
American government as well as the state of their finance.
Avill apologize for their declining this expense. All of which
is submitted to the Avisdom of Congress.
"Jno. Jay."
Congress does not seem to have adopted Mr.
Jay's report, at any rate the proposed action has
never been taken. But it would appear that Mr.
Jefferson fully expected that his suggestion would
be carried out, as Ave find him under date of 23rd
February, 1789, writing to Mr. Dupre, the en
graver, asking him for a copy of Dr. Franklin's

15

medal, as he is going to haA'e a description of
all the medals printed in order to send them
with copies of the medals to the sovereigns of
Europe. It is no doubt owing to the fact that the pro
posed copies of the medals Avere never struck, that
the Bibliography of American National Medals
did not begin Avith Mr. Jefferson's description of
those given for the Revolutionary battles.
The first work on this especial subject known
to the Avritcr of this paper Avas published in 1848,
by Carey & Hart, Philadelphia, and is called
" Memoirs of the Generals, Commodores and other
Commanders avIio Avere presented Avith medals by
Congress, by Thomas Wyatt.
The Avriter's attention was called to this Avork
by Mr. W. Elliot WoodAvard of Roxbury, Mass., a
name Avell known to all American numismatists.
The only accessible copy Avas found in the Boston
public library, and up to its date it is a com
plete Avork giving an engraving of the medals
issued up to that time with a memoir of each
of the recipients.
Mr. Wyatt seems to have been the first person
to collect a full set of our medals, and in a letter
from him to Mr. Woodward in 1861, he speaks of
the great difficulties he had in searching out and
borrowing every medal of the series. For the
medals of Major Lee and Major Stewart he Avas

16

obliged to go to France. He had a number of sets
struck off for sale at the request, and partly at the
expense, of Jared Sparks, Abbott Lawrence, Daniel
Webster and other gentlemen interested in the
project, and he says that the Legislatures of Maine,
NeAV Hampshire, New York, Virginia and Penn
sylvania ordered each a set for the public libraries,
with a vote of thanks for his perseverance.
In 1861 Mr. James Ross Snowden, Director of
the Mint, published a volume called the " Medallic
Memorials of Washington." Philadelphia, J. B.
Lippincott & Co. — an interesting and valuable
Avork. In 1878 Mr. J. F. Loubat, of New York, pub
lished his " Medallic History of the United States
of America." This magnificent and exhaustive
work has become an absolute authority on the sub
ject. All that learning and conscientious and
intelligent research can do, has been done to make
it perfect, and the Avriter of this paper cheerfully
acknowledges his indebtedness to it for most of the
facts herein given. The work being, hoAvever, only
published as an "edition de luxe," in two large
quarto volumes, printed on especially prepared
paper and enriched Avith 170. etchings of the
medals by M. Jules Jacquemart, it is necessarily
too expensive a book for general circulation and
is, therefore, perhaps not as Avell known as it
ought to be.

17

Mr. Loubat gives descriptions of eighty-six
medals which he classifies as national, although
seven of them have not the sanction of a Cons;res-
sional vote.
The first, or Revolutionary group, is composed
of the foUoAving :
1. General Washington, for the occupation of
Boston, by Duvivier.
2. Major-General Gates, for the surrender at
Saratoga, by Gatteaux.
3. General Wayne, for Stony Point, by Gat
teaux. 4. Major John SteAA'art, commanding the left
wing storming party same action, by Gatteaux.
5. Lieutenant-Colonel de Fleury, commanding
the right Aving storming party same action, by
Duvivier. 6. Major Henry Lee, for surprise of Paulus
Hook, by J. Wright.
This Avas the famous " Light Horse Harry " — the
Avorthy sire of his noble son, General R. E. Lee.
7. John Paulding, David Williams ancl Isaac
Van Wart, for the capture of Major Andre.
This is not a medal proper, but a piece of
repousse Avork made by a silversmith.
8. General Morgan, for the victory of the Cow-
pens, by Dupre.
9. Lieutenant-Colonel William A. Washington,
same action, by Duvivier.

18

10. Lieutenant-Colonel John Eager HoAvard,
same action, by Duvivier.
11. Major-General Nathaniel Greene, for victory
at Eutaw Springs, by Dupre.
This completes the list of medals given to the
army during the Revolution. Tavo of the reci
pients Avere Marylanders. The first, Major John
Stewart, Avas a son of Stephen Stewart, a merchant
of Baltimore. He commanded the left storming
party at Stony Point, Avhich, in the Avords of Gcn»
oral Wayne's official report, " Avith unloaded mus
kets and strict orders not to fire, in the face of a
most incessant and tremendous fire of musketry
and from cannon loaded ¦ Avith grapeshot, forced
their Avay, at the point of the bayonet, through
every obstacle."
In this same report Mr. Archer is commended for
gallantry, and Avas in consequence brevetted cap
tain by order of Congress, Avhich looks as though
Harford County had a representative in that
action. Colonel Stewart. was a first lieutenant in 1776,
captain in 1777, served through the Avar Avith great
distinction, and commanded a regiment in tho
Southern campaign. He Avent to South Carolina
directly after the Avar and died there in 1783,. and
so Avas comparatively little known in Maryland
outside of his own kinsmen. Of the other Mary-
lander —Colonel John Eager Howard — nothing

19

need be said here ; his life is a part of the history
of this city and knoAvn to us all.
The Maryland bayonet Avas as effective under
Colonel Howard in South Carolina as it had been
under Colonel Stewart on the Hudson, as will
appear from these Avords taken from General
Morgan's official report of the action at the Cow-
pens: "Lieutenant-Colonel HoAA'ard observing this,
gave orders for the line to charge bayonets, Avhich
Avas done Avith such address that they fled with the
utmost precipitation, leaving their field pieces in
our possession. We pushed our advantage so
effectually that they never had an opportunity of
rallying, had their intentions been ever so good."
It is a matter of history that the gallant Colonel,
during the battle of the Cowpens, held in his
hands at one time the swords of seven British
officers Avho had surrendered to him.
, But one medal Avas given during the Revolution
to the young American navy — that of
12. Captain John Paul Jones for his various
naval exploits, particularly the capture of the
British frigate Serapis off the coast of Scotland.
This great naval commander hoisted with his
own hands the first American naval flag on board
the Alfred on October 10, 1776, at Chestnut Street
Wharf, Philadelphia. He Avas the only American
officer decorated by the King of France, and has
the unique distinction of being the only American

20
citizen whose title of knight (chevalier), conveyed
by the decoration, has been officially recognized by
the United States Congress.
This medal is by Dupre, and, Avith the exception
of the medal of Major Henry Lee, which is by
Joseph Wright, the first draughtsman and die
sinker of the United States Mint, and of the medal
to the captors of Major Andre, all of those men
tioned Avere executed by the great French en
gravers, mostly after designs and with inscriptions
furnished by a committee of the Academy of In
scriptions and Belles Lettres in Paris.
Our forefathers evidently did not believe in pro
tection to home art, perhaps being of the same
mind as a great American general, avIio, in Avriting
to the Secretary of War on this subject, said:1
" But 1 beg leave again to suggest that the honor
of the country requires that medals voted by Con
gress should always exhibit the arts involved in
their highest state of perfection wherever found ;
fur letters, science and the fine arts constitute but
one republic embracing the world." General Wash
ington seems to have been also imbued with that
idea, for while at Valley Forge, on finding some
valuable medical manuscripts — the property of a
British medical officer — among some other cap
tured property, he directed them to be returned to
their owner, saying that the Americans did not
Avar against the sciences.

21

There are six other Avell-known medals of the
Revolutionary times, which are of very great his
torical importance, but are not national in the
sense of being ordered by Congress. These are
13. The Libertas Americana, in. honor of the
surrender at Yorktown. This Avas ordered by Dr.
Franklin to be executed by Dupre., It represents
young America as the infant Hercules strangling
two serpents.
14 and 15. Tavo medals to Dr. Benjamin Frank
lin, engraved and dedicated to him by his friend,
Augustin Dupre, both of Avhich bear Turgot's cele
brated Latin verse, composed in his honor : " Eri-
puit coelo fulmen sceptrumque tyrannis " (He
Avrenched the thunderbolt from heaven and the
sceptre from tyrants).
16 and 17. Two medals struck in Amsterdam —
one called "Libera Soror" in honor of the acknow-.
ledgment of the United States by the United
Netherlands, the other in honor of the celebration
of the first treaty of amity and commerce between
those countries. , .
18. The so-called Diplomatic medal. It was
then the custom, and, to a great extent is iioav, for
a sovereign to give some token of his regard to a
retiring : ambassador Avho has been a " persona
grata" at his .Court, and General Washington and
his Secretary of State — Mr. Jefferson— evidently
thought that the United States Government should.
4 *

22

not alloAv itself to be outdone in generosity and
splendor by any king of them all, and so ordered
these medals, each Avith a gold chain, to cost
f 1,000; but only tAvo have ever been given — one
to the Chevalier de la Luzerne, Minister of the
Iviim- of France in the United States from 1779 to
1784, and the other to the Marquis tie Moustier,
likeAvise French Minister at Washington from 1787
to 1790.
A medal called the Japanese Embassy Medal
Avas struck at the Philadelphia Mint on May 17,
1860, by order of the State Departmant, in honor
of the arrival of the first diplomatic representatives
of the Empire of Japan in this country. Three
gold medals Avere struck, one for each of the three
envoys, and copies in silver or copper Avere given
to the other members of the Embassy ; but this
must not be confounded Avith the Diplomatic
medal, and, strictly speaking, is not a national
medal. It Avas simply to commemorate the inter
esting fact that for the first time in history, the
Empire of Japan abandoned its traditional policy
of Oriental seclusion, ancl opened regular diplo
matic communication Avith Western civilization.
Many gentlemen here present Avill doubtless re
call the visit of these ambassadors to Balti
more on the 8th June, 1860, Avhere, as guests of
the Government of the United States, they Avere
formally received by tho Mayor and City Council,.

23

and their swords Avere stolen from the Gilmor
House. A peculiar and much-criticized incident
in that connection Avas that the police authorities
advertised, offering a large reAvard — I believe
$1,000 — for the recovery of these SAvords, promis
ing to the thieves immunity from all criminal
prosecution on the return of the stolen property.
This was done on the belief that the loss of the
swords Avould subject the envoys to the penalty of
death on their return to Japan.
19. The first medal given by Congress after the
Revolution was to Captain Thomas Truxton, com
mander of the United States frigate Constellation,
Avhich Avas built at Harris Creek, Baltimore, for
the capture of the French ship of Avar La Ven
geance, near the island of Guadaloupe, on the 1st
February, 1800. This Avas at the time of the
unfortunate complication Avith France, Avhich has
left us, among other disagreeable reminiscences,
the famous French spoliation claims.
President John Adams, in Avriting to Captain
Truxton in regard to this medal, expressed some
views about the navy Avhich do not seem to have
been in accord with the policy of our Government
for the last twenty years. He says : " The counsels
Avhich Themistocles gave to Athens, Pompey to
Rome, Cromwell to England, De Witt to Holland
and Colbert to France, I have always given, and
shall continue to give, to my countrymen— that as

24

the great questions of commerce and power between
nations ancl empires must be decided by a military
marine, ancl Avar and peace are decided at sea, all
reasonable encouragement should be given to the
navy. The trident of Neptune is the sceptre of
the Avorlcl."
20. The next medal Avas granted March 3, 1805,
to Commodore Edward Preble, of the navy, for the
gallant action before Tripoli in 1804. We find in
the official report high commendation given to a
lieutenant Avith the Maryland name of Trippe, avIio
commanded one of the boats and Avas severely
Avounded in that action.
21-42. Some, reference should noAv be made to
the medals Avhich are called by the United States
Mint Presidential Medals. Of these there are
twenty-two — two for General Washington and one
for each of the succeeding Presidents except Gen
eral William Henry Harrison, Avho died one
month after his inauguration.
In 1786 Mr. Kean, member of Congress from
South Carolina, moved that medals be struck for
presentation to the Indian chiefs Avith Avhom.the
United States should conclude treaties.
The first medal so struck Avas given to Red
Jacket, the great chief of the Six Nations, on his
visit to Philadelphia in 1792.. It bore on its face
the figure of General Washington, with the legend,
George Washington, President, 1792, and all sub:

25

sequent Indian medals have, following this prece
dent, borne the engraved portrait of the President
Avho approved of the treaty, Avith the date of his
administration, thus making a most valuable
and interesting addition to our national historical
medals. More medals Avere granted during the Avar of
1812 than at any other period of our history.
The first three Avere voted January 29, 1813:
43. To Captain Isaac Hull, of the United States
frigate Constitution, for the capture of the British
frigate Guerriere.
44. To Captain Stephen Decatur, of the frigate
United States, for the capture of the British frigate
Macedonian, ancl
45. To Captain Jacob Jones, of the United States
sloop of Avar WTasp, for the capture of the British
sloop of Avar Frolic.
Silver medals, copies of the golden ones Aroted to
these captains, Avere directed by Congress to be
given to the nearest male relatives of Lieutenants
Bush and Funk, killed in these actions.
The gallant Captain Decatur Avas born in Syne-
puxent, Worcester County, Maryland, and Captain
Hull, in his report, highly recommends Lieutenant
Contee, of the Marines, for coolness and gallantry.
Next come the medals of
46. Captain Bainbridge, for the capture of the
Java, December 29, 1812.

26
47. Lieutenant McCall, for the capture of the
Boxer, September 4, 1813, and
48. Lieutenant William Burrows, for the same
action. He Avas in command of the United States
brig of Avar Enterprise, was killed in the action
and Avas succeeded in command by Lieutenant
McCall. His medal was, therefore, voted by Con
gress to his nearest male relative.
49. The famous victory of Captain Oliver Hazard
Perry on Lake Erie added two medals — one to
Perry himself and the other to the second in
command 50. Captain Jesse Duncan Elliott, of Maryland,
Avho Avas thirty-one years old at the date of that
action, but, young as he Avas, had already made his
mark by cutting out two British ships from under
Fort Erie, for which Congress had voted him a
sword of honor. Commodore Perry's old battle
flag, Avith the legend " Don't give up the ship," is
still preserved at the Naval School at Annapolis.
The victory of Lake Champlain Avas rewarded by
three medals — one to
51. Captain Thomas McDonogh, one to
52. Captain Robert Henley, and one to
53. Lieutenant Stephen Cassin.
Then followed the medals of
54. Captain Lewis Warrington, of the sloop of
Avar Peacock, for the capture of the British brig
Epervier, April 29, 1814, ancl of

27

f '55. Captain Johnson Blakeley, of the sloop of
Avar Peacock, for the capture of the British sloop
of Avar Reindeer, July 8, 1814.
- 56.; The medals of Captain Charles Stewart, of
the United States frigate Constitution, for the
capture of the British frigate Cyane, and of
.'.¦ 57. Captain James Biddle, of the United States
sloop of Avar Hornet, for the capture of the British
sloop of, Avar Penguin, complete the list of naval
medals granted during the AA^ar of 1812.
' Captain Charles Stewart Avas the maternal grand
father of the present famous Irish patriot, Charles
Stewart Parnell.
.; During the same war the actions of Chippewa,
Niagara and Erie, in Upper Canada, were rewarded
by medals to
58. Major-General Jacob Brown.
¦*• 59i . Major-General Peter Buel Porter.
i 60. Brigadier-General Eleazar Wheelock Ripley.
6L Brigadier-General James Miller.
62. Major-General Winfield Scott.
63. Major-General Edmund Pendleton Gaines,
and the victory of Plattsburgh, by the medal of
64. Major-General Alexander Macomb.
In the official reports of these battles special
mention is made of Captain Towson's, artillery. I
suppose that he is. the same gallant, officer whose
fame has been immortalized by the naming of the
capital of a neighboring county;.

28

The next of the army, medals of the Avar Avas
granted for the battle of New Orleans, January 8,-
1815, to
65. Major-General AndreAv Jackson, " Old Hick
ory" — " a great democratic victory."
And Congress in 1818 voted medals to
66. Major-General WTilliain Henry Jackson, and
67. Isaac Shelby, a Governor of Kentucky, for
the battle of the Thames, in Upper Canada, October
5,1813. General Harrison was, as has been already
stated, the only President of the United States for
Avhom no Presidential Medal was struck.
Governor Shelby was born in Hagerstown,
Maryland, September 14, 1750. He distinguished
himself in the Southern battles in the Revolution-!
ary war, and was voted a sword of honor Avith the
thanks of the Legislature of North Carolina. .= He
Avas Governor of Kentucky from 1812 to 1816, and
joined General Harrison at the head of 4,000 Ken
tucky volunteers and rendered gallant service at
the battle of the Thames. >He declined to be Secret
tary of War in 1817 and; died in Kentucky, Julyt
18, 1826. . s. .. .. :
The last -medal for this war Avas not voted until
February 13, 1835. It av as to ,.....¦ , , -. ,-. ,
68. Colonel George- Croghan, for the defense of
Fort Stephenson, August 3, 1813.' t ; ; ; ? :
Congress does not seem to have found it ne.ces-

29

sary to commemorate the battle of Bladensburgh
by the granting of a medal to any of the partici
pants in that brilliant strategic movement.
69. From the end of the war of 1812-15 to the
time of the Mexican Avar, no medals were voted by
Congress, as the Avar with the Florida Indians did
not apparently call for any such especial honor ;
but during this period a medal was struck in
France in honor of the treaty of commerce con
cluded Avith that country, June 24, 1822. This is
in no sense an official medal, but Mr. Loubat clas
sifies it as national by reason of its great historic
interest. 70, 71, 72. During the Mexican Avar Major-
General Zachary Taylor received no less than
three medals, Avith the corresponding vote of
thanks of the Congress — one July 16, 1846, for the
battles of Palo Alto and Resaca de la Palma ; one
March 2, 1847, for Monterey; one May 9, 1848,
for Buena Vista, and
73. General Scott, the hero of 1812, received his
second medal for the actions of Vera Cruz, Cerro
Gordo, Contreras, Churubusco, Molino del Rey ancl
Chapul tepee.
All through the reports of these actions we find
honorable mention of the Maryland names of Wat
son, Ringgold, May, Ramsey, Randolph Ridgcly,
and others of the gallant sons of this old State.
On the 10th December, 1846, the United States

30

brig Somers, one of tho squadron blockading Vera
Cruz under the command of Captain Raphael
Semmes, Avas struck by a sudden squall, and sunk
Avithin ten minutes from the time the squall struck
her. The British, French and Spanish men -of- Avar,
Avho Avitnessed the disaster, immediately lowered
boats manned by brave men, avIio, at the peril of
their own lives, in a raging sea, rescued all but two
officers and forty men.
74. Congress passed an act, March 3, 1847,
directing that a suitable medal be struck ancl pre
sented to the officers and men of these various
foreign vessels, in recognition of their gallant and
humane conduct.
75. The Martin Costa incident in the harbor of
Smyrna, July 3, 1853, resulted in the Aroting of a
medal to Commander Duncan N. Ingraham, of the
United States ship St. Louis. This gallant officer,
evidently a firm believer in " a vigorous foreign
policy," Avas informed that Martin Costa, a citizen
of the United States, had been claimed as an
Austrian subject, Avas taken as a prisoner and con
fined on board the Austrian brig Hussar. After
polite request for his surrender ancl a refusal
from the Austrians, Capt. Ingraham shotted his
guns, anchored Avithin half a cable's length of the
brig, which had been by this time reinforced by a
ten-gun schooner and three Austrian mail steam
ers, ancl sent the foUoAving note:

31

" To the Commander of the Austrian brig Hussar :
"Sin, — I have been directed by the American charge at
Constantinople to demand the person of Martin Costa, a
citizen of the United States taken by force from Turkish soil
and now confined on board the brig Hussar, and if a refusal
is given, to take him by force.
An answer to the demand must be returned by 4 p. in.
" Very respectfully,
" Your obedient servant,
" D. N". Ingraham, Commander."
Costa Avas then surrendered and sent on shore to
the custody of the French consul.
76. A medal was voted on May 11, 1858, to Sur
geon Frederick Henry Rose, of the British navy,
for volunteering to act as medical officer of the
United States ship Susquehanna, nearly all of
avhose crew Avere disabled and dying from yellow
feArer, and on July 26, 1866, a medal Avas voted to
77. Captains Creighton, Low and Stouffer, for
saving the ship's company of the wrecked steamer
San Francisco, Avith the Third United States Artil
lery on board, in December, 1853.
78. With a magnanimity and true patriotic feel
ing Avhich does honor to the American character,
the Congress gave no medal commemorating the
battles of the great civil war except the one given
to Major-General U. S. Grant by the act of Decem
ber, 1863, for the victories of Fort Donelson, Vicks
burg and Chattanooga.

32

79. On the 28th January, 1864, a medal was
also voted to "Commodore" Cornelius Vanderbilt,
in recognition of his free gift to the Government of
the steamer which bore his name and Avhich Avas
valued at $1,000,000. It was provided in the act
that a copy of this medal should be placed in the
Congressional Library. In his letter accepting the
medal, he gives the foUoAving good advice to his
descendants: "And it is my hope that those Avho
come after me, as they read the inscription of the.
medal and are reminded of the event in their
father's life Avhich caused it to be struck, will
inflexibly resolve that, should our Government bo
again imperilled, no pecuniary sacrifice is too large
to. make in its behalf, and no inducement suffici
ently great to attempt to profit by its necessities." .
80. On tho 1st March, 1871, Congress voted to
George Foster Robinson, late a private of Maine
Volunteers, $5,000 in money and a gold medal in
recognition of his heroic conduct in saving the life
of Mr. Seward from the attack of Payne, . the
accomplice of John Wilkes Booth, on April 14,
1865; but it seems unfortunate that, this gentleman
could not have been suitably rewarded in some
other Avay than by, a perpetual record of an act
Avhich Americans of all political creeds can now
only remember Avith shame and sorrow.
These three medals are the only ones in any Avise
connected Avith that unfortunate Avar period.

33

81. On March 2, 1867, Congress voted a medal
to Mr. Cyrus West Field, of New York, " for his
foresight, courage and determination in establish
ing telegraphic communication by means of the
Atlantic cable traversing mid-ocean and connecting
the Old World Avith the New."
Mr. Field founded the New York, Newfoundland
and London Telegraph Company in 1854, organized
the Atlantic Telegraph Company in 1856, and Avas
the active mover in that great project until its
final real success in 1867. " Peace has its victories
as well as Avar," and this Avas assuredly one of the
greatest. 82. On the 16th March, 1867, a medal was voted
to George Pen body, "for his great and peculiar
beneficence in giving a large sum of money,
amounting to $2,000,000, for promotion of educa
tion in the more destitute portions of the Southern
and SoutliAvestern States."
¦ Before a Baltimore audience it Avould be super
fluous to make any eulogy upon tho character and
good deeds of that great philanthropist.
It may be of interest, hoAvever, to give an extract
from his letter to Mr. W. H. Seward, Secretary of
State, acknoAvledging the receipt of the medal :
"Cherishing, as I do, the warmest affection for my country,
it is not possible for me to feel more grateful than I do for
this precious memorial of its regard, coming, as it does, from
thirty millions of American citizens through their representa-

34
tives in Congress, Avith the full accord and cooperation of the
President. "The medal, together with the rich illuminated transcript
of the Congressional resolution, I shall shortly deposit at the
Peabody Institution, at the place of my birth, in apartments
specially constructed for their safe keeping, along with other
public testimonials with which I have been honored. There,
1 trust, it will remain for generations, to attest the generous
munificence of tlie American people in recognizing the efforts,
however inadequate, of one of tlie humblest of their fellow-
countrymen to promote the enlightenment and prosperity of
his native land."
This feeling acknowledgment by this great and
good man of the honor conferred upon him be
comes all the more striking Avhen we recall the fact
that he respectfully declined a baronetcy and the
Grand Cross of the Order of the Bath, tendered
him by Queen Victoria in recognition of his munifi
cent charity to the London poor.
83. The loss of the steamer Metis, 31st August,
1872, was commemorated by, a medal granted to
the creAVS of a lifeboat and fishing-boat, who saved
the lives of thirty-two persons from the wreck.
84. John Horn, Jr., of Detroit, by voto of Juno
20, 1874, received a medal in recognition of his
extraordinary record of having, at different times,
saved the lives of more than 100 persons from
drowning. 85, 86. Congress, by the act of June 16, 1874,

authorized the striking of medals in commemora
tion of the Centennial celebration at Philadelphia
in 1876, ancl two Avere struck at the expense of the
Centennial Board of Finance for sale and distri
bution. We come noAv to a class of medals distinctly
national in their character, but so multiplied in
number that it is impossible here to do more than
refer to them.
87, 88. On the same clay, June 20, 1874, that the
medal Avas voted to John Horn, Jr., Congress
passed the following act:
"Resolved, That the Secretary of the Treasury is hereby
directed to cause to be prepared medals of honor with suitable
devices, to be distinguished as life-saving medals of the first
and second class, which shall be bestowed upon any persons
who shall hereafter endanger their own lives in saving lives
from perils of the sea, within the United States or upon any
American vessels.
"Provided, That the medal of the first class shall be con
fined to cases of extreme and heroic daring, and that the
medal of the second class shall be given to cases not suffi
ciently distinguished to deserve the medals of the first class.
"Provided, That no award of either medal shall be made to
any person until sufficient evidence of his deserving shall be
filed Avith the Secretary of the Treasury and entered upon the
records of the Department."
Many brave men haAre earned and received this
medal since the passage of this act.

36

It is a fact scarcely known outside of the army
and navy that our Government gives a medal or
decoration exactly equivalent to the Iron Cross of
Germany, the Victoria Cross of England or the
Legion of Honor of France for distinguished mili
tary A'alor, and it is a singular and remarkable
tribute to the modesty of tlie recipients that tho
country at large has heard so little on the subject.
The necessity and fitness of such rewards for
valor has been recognized by all nations, and
no reward is more highly esteemed by military
men than a personal decoration for distinguished
bravery. General Washington by a general order at
Newburg, August 7, 1782, provided, that for any
singularly meritorious action reported by a board
of officers, men should have their names enrolled
in the book of merit, and should wear a heart in
purple cloth or silk, edged with narrow lace or
binding, and Avhen so decorated should be per
mitted to pass all guards and sentinels which
officers are permitted to do.
During the Mexican Avar officers were re\varded
by brevets, and deserving privates by certificates
of merit and $2 additional monthly pay.
89. But during the Civil Avar these makeshifts
Avere abandoned, and the Acts of July 12, 1862,
ancl March 3, 1863, provided that medals of honor
should be given to such officers, non-commissioned

37

officers ancl privates Avho have most distinguished
or may hereafter most distinguish themselves by
gallantry in action. Up to the end of the Avar in
1865, 330 of these medals had been given and some
300 more have been given since that time.
90. The acts of December 21, 1861, ancl July 16,
1862, made similar provisions for the navy, but
excluded commissioned officers.
The Avritcr Avas informed by a distinguished
naval officer that 338 of these medals Avere given
during the Avar and 113 since.
This concludes the list of National Medals prop
erly so-called ; but there is another one that ought
to be in existence, voted as far back as 1857 to the
celebrated Arctic explorer, Dr. Elisha Kent Kane.
This distinguished naval officer died at the early
age of thirty-seven years, and it Avas.only after his
death that the medal Avas voted.
The Superintendent of the Mint in a letter under
date March 5, 1887, says, " The Dr. E. K. Kane
Medal AA'as not struck at, the Mint, but I am
informed that it Avas manufactured in New York."
The writer has not as yet, however, been able to
obtain any reliable information about it.
A large number of other medals have been
struck at the Mint. Some of them by order of
State Legislatures, called sub-national medals ;
some of them for private individuals. Many of
these are of great historical interest, but not being
6

3S
national in the sense of being voted by Congress,-
they do not come Avithin the scope of this paper.1
But there is a class of medals, badges or orders
growing out of our various Avars Avhich should be
briefly mentioned. The oldest of these is the
Order of the Cincinnati.
This society Avas formed by the officers of the
Revolutionary army at the cantonments in New-
burg on the Hudson in May, 1773. The original
institution adopted at that time thus describes the
purpose of its formation :
" To perpetuate therefore as avcII the remembrance of this
A'ast event (the Revolution) as the mutual friendships Avhich
have been formed under the pressure of common danger and
in many instances cemented by the blood of the parties, the
officers of the American army do hereby in the most solemn
manner associate, constitute and combine themselves into one
society of friends, to endure as long as they shall endure or
any of their eldest male posterity; and in failure thereof the
collateral branches avIio may be judged worthy of becoming
its supporters and members."
1 Congress has in various instances, in granting a gold medal to successful
commanders, ordered that a silver medal should be given to each of the
subordinate commissioned officers engaged in the action. But as these sil
ver medals are simply copies of the ones in gold given to the commanding
officers, they are not here separately enumerated, all being of the same
design, and therefore to he considered as but one medal, exactly as the
numerous life saving and Army and Navy Medals of honor are all repro
ductions of one original.
in the cases of Colonel John Stewart and Colonel de Fleury, subordinate
officers at Stony Point, the resolution of Congress thanked them by name,
and two distinct medals were struck, one by Duvivier and the other by
Gatteaux, each having its separate and original design, and neither bearing
any resemblance to the gold medal of Gen. Wayne.

39

The principles which are declared to be immu
table are: to inculcate to the latest ages the duty
of laying down in peace arms assumed for the
public defence in war ; to perpetuate the mutual
friendships commenced under the pressure of
common danger ; and to effectuate the acts of
benevolence dictated by the spirit of brotherly
kindness towards those officers and their families
who unfortunately may be under the necessity of
receiving them.
The society declared to be eligible all commis
sioned officers of the army and navy of the United
States who left the service Avith reputation, and
foreign officers not lower in rank than colonels or
captains in the navy ranking as colonels. The
original membership was about 2,000, Avith Gen
eral Washington as President as long as he lived ;
the present membership is hoAvever not over 500.
The Hon. Hamilton Fish is the present President-
General, ancl the Hon. Robert M. McLane Presi
dent of the Maryland State branch.
The bald eagle carrying the emblems on his
breast was chosen as the insignia of the order,
and the medal Avas made in Paris by M. Duval,
after designs prepared by Major L'Enfant. Dr.
Franklin Avho was later elected an honorary mem
ber of the society for life did not approve of this
selection for the following reasons, expressed in a
letter to one of his family :

40

" For my own part I wish the bald eagle had not been
chosen as the representative of our country ; he is a bird of
bad moral character, he does not get his living honestly.
You may have seen him perched on some dead tree where,
too lazy to fish for himself, he watches the labor of the fishing-
hawk, and when that diligent bird has at length taken a fish
and is bearing it to his nest for the support of his mate and
young ones, the bald eagle pursues him and takes it from
him. With all this injustice he is never in good case, but
like those among men who live by sharping and robbing, he
is generally poor and often very lousy. Besides he is a rank
coward; the little king bird, not bigger than u sparrow,
attacks him boldly and drives him out of the district. He
is, therefore, by no means a proper emblem for the brave and
honest Cincinnati, who have driven all the king birds from
our country, tho' exactly fit for that order of knights which
the French call Chevaliers d'lndustrie."
The medal is, hoAvever, a very handsome piece,
and was the only foreign order allowed to be worn
by French officers at the French Court. Many
members settled on the land granted to them in
the West for their services in the Avar, ancl General
St. Clair and Colonel Sargent, two original mem
bers, named their three pioneer log-cabins, at the
junction of the Licking ancl the Ohio, after their
society, and so gave it a flourishing godchild in the
city of Cincinnati. .
The civil war produced the military order of the
Loyal Legion, Avhich is, I am informed, founded on
exactly the principles of the Cincinnati, including

41

the hereditary feature Avhich has been so much
criticized. It is confined to commissioned officers
ancl numbers over 5,000. General Sheridan is the
present Commander, succeeding the late General
Hancock. Their medal also represents the bald
eagle on a six-pointed star.
The Grand Army of the Republic, also an out
come of the civil Avar, is intended to be a charitable
organization for officers ancl men. They are very
important in numbers and ha\re a handsome bronze
badge. The Mexican Avar originated the Aztec Club and
the Association of the Mexican Veterans, ancl I
understand that a badge has been adopted called
the Order of the Cacti; but this I have never seen,
nor any description of it.
Jiut noiio of these can be considered as national
medals, inasmuch as none of them have ever
received any direct Governmental recognition.
Congress, however, by the act of July 25, 1868,
authorized the wearing of army corps badges on
occasions of ceremony.
The really national medals may, therefore, prop
erly be limited to the eighty-three already enu
merated1 granted by order of Congress; and, extra
ordinary as it may seem, there docs not exist in
•Unless the historical importance of numbers 13, 14, 15, 16, 17, 18 and
09 gives them the national character which they lack by reason of not
having the sanction of a Congressional resolution.

42

any public department of our Government — not
even in the Mint itself — any complete collection of
them. In 1855 the Mint Avas authorized to strike copies
for sale, ancl it was then discovered that nearly all
those of the Revolutionary epoch Avere missing.
Most of these were, however, obtained from Paris
by the courtesy of the French Government, Avhich,
more zealous than our own authorities, had. pre
served them, ancl new dies Avere struck at our
Mint. There are, however, three not yet at the Mint —
those of General Wayne, Lieutenant-Colonel Stew
art and Major-General Nathaniel Greene ; but,
after a three years' search, authentic copies have
been procured and are now the property of Mr. T.
Harrison Garrett, of this city — a member of this
society. The city of Baltimore earned the name of the
Monumental City because of her taking the initia
tive, in honoring the memory of Washington by
the beautiful marble shaft Avhich is to-day one of
her greatest ornaments, ancl the erection of other
historic memorials, and it would seem to be especi
ally fitting that from the city of Baltimore should
begin the action which will cause these medals to
be properly preserved and placed on record in all
the public departments, ancl in every State and
Territory in the Union.

43

The larger projects of Dr. Franklin, Thomas
Jefferson ancl John Jay,. already mentioned in this
paper, did not, it is true, meet with the approval of
Congress so far as Ave Iciioav ; but the modified
scheme embodied in the joint resolution prepared
by ;your committee and already read to you, if it
fails noAv, can be tried again in the next Congress.
For these are the heirlooms of the Republic.
They Avere given by a grateful country " in per-
pefuam rei memoriam" ancl they record men and
things Avhich this people must not alloAV to pass
into oblivion.
Here in these fourscore little pieces of metal is
an epitome of the history of the United States.
Her victories in Avar ancl in peace, the achieve
ments of her sons in the arts ancl sciences, ancl the
munificence ancl patriotism of her citizens in the
hour of their country's need all arc recorded here.
Ancl although they may be but the dry bones of
history, they are the visible material object lessons
which every American child, learning his country's
histoiw should be familiar Avith.
And when some Dr. Schliemann of the future in
taking an archaeological tour in company Avith
Macaulay's NeAV Zealander, may commence his
excavations on the site of the ruined capital of
some State to-day the newest of Avestern territories,
he shall exhume, stamped on imperishable metal,
in this collection of national medals, the history of

44
the United States. He Avill not know the fact, nor
perhaps Avill we, but none the less its existence
there Avill be clue to the efforts of the Maryland
Historical Society, if it succeeds in accomplishing
even partially the Avork that was left unfinished
by Benjamin Franklin, Thomas Jefferson and
John Jay.

APPENDIX.

At the regular meeting of the Maryland Historical Society in
April, 1885, the attention of the Society was called to the fact that
no complete collection of the National Medals voted by Congress
was known to exist in any of the departments of the government,
although a number of them were preserved in some form at the
United States Mint in Philadelphia.
Considering that in the interest of education and for historical
reference the preservation and publication of these medals is an
important national matter, the Society then passed a resolution
constituting a committee for the purpose of investigating the
subject and taking such steps as they might deem proper to bring
it to the notice of the general government.
This committee was composed of Messrs. T. Harrison Garrett,
Lennox Birckhead, and Richard M. McSherry, the latter being
the chairman.
After some correspondence with the officials at the Mint, the
committee concluded that the first practical step was to obtain
the originals or authentic copies of those medals which are not
and never have been at the Mint.
These are but four in number, namely, those of General Wayne,
Colonel Stewart, and General Greene, all originally struck in
France, and that of Doctor Elisha Kent Kane, which has never
been struck at all, so far as the committee can discover.
7 45

46

After a two years' search, involving much correspondence, one
of the committee got intelligence of the existence of authentic
copies of the Wayne, Stewart and Greene medals, and these copies
are now in Baltimore, the property of another member of the
committee, Mr. Garrett.
Immediately after procuring these copies the committee pre
pared the following resolution, which was offered in "the House
of Representatives January 30, 1887, by the Hon. Jno. V. L.
Findlay.
Joint Resolution authorizing and requiring the Secretary of
the Treasury to have struck copies of certain medals and to
deliver the same to certain departments and to the various
States and Territories.
Whereas, at various times by order of the Congress of the
United States, National Medals have been issued in commemora
tion of great national events, deeds of valor of our naval and
military heroes, important public services by citizens and the
administration of our Presidents.
And whereas, it is believed that no complete set of these medals
is in the possession of the United States Government in the Mint
or elsewhere.
And whereas, in the interest of education and for historical
reference their careful preservation in some form accessible to
all citizens is most important as exact memorials of events and
personages notable in our national history and to be remembered
with patriotic pride.
Now therefore be it resolved by the Senate and House of Repre
sentatives of the United States of America in Congress assembled,
That the Secretary of the Treasury be and is hereby required
to have struck off at the United States Mint complete sets of all
the National Medals of the classes above named.
And in case a die or copy of any of such medals is not in the
possession of the Mint, then the Secretary of the Treasury is

47

hereby required to procure the original medal or an authentic
copy thereof, and to prepare a new die making an exact repro
duction of the original.
And the Secretary of the Treasury is hereby authorized and
required to distribute these complete sets when made as follows :
One set in the original metal as first issued to all the executive
departments of the United States Government at Washington.
One set in bronze to each of the States of the Union and the
Territories, to be by them preserved accessible to the public in
such form as the various Legislatures may prescribe.
And the cost of dies, material and distribution shall be defrayed
by the United States Mint at Philadelphia out of its contingent
fund. This resolution was submitted to the Director of the Mint who
approved of it, and was referred to the committee on coinage,
weights and measures, and the only member of that committee
who was referred to on the subject expressed himself as strongly
in favor of it.
Time, however, did not allow the resolution to be reported by
the committee on coinage, &c, and voted on by Congress, but
there was no reason to apprehend any opposition to the measure,
especially as the Director of the Mint estimated that the expense
would be very small and could be defrayed by the Mint out of
its contingent fund.
It is the intention of the committee to have the resolution again
presented in the next Congress. And the object of the chairman
of the committee in preparing this paper was to put clearly before
the Society the purpose and scope of the resolution, and to set
forth what seems to him its great historical and educational im
portance, in the hope that every person who reads the paper may
lend his influence and assistance towards the accomplishment of
so worthy a project.

A MEMOIR OF
JOHN LEEDS BOZMAN,
THE FIRST HISTORIAN OF MARYLAND.

A Paper read before the Maryland Historical Society,
May 9th, 1887,
BY
SAMUEL A. HARRISON, M. D.

Graia quis Italicis auctor posuisset in oris
Moenia, querenti, sic e senioribus unus
Kettulit indigenis, veteris non inscius sevi.— Ovid.

gnltinutrc, 1888.

A MEMOIR

JOHN LEEDS BOZMAN.

cv

Sfunb ^Publication, Qfta. 26.

A MEMOIR OF
JOHN LEEDS BOZMAN,
THE FIRST HISTORIAN OF MARYLAND.

A Paper road before Ibe Maryland Historical Fociely.

May 9th, 18 87,

SAMUEL A. HARRISON, M. D.

Graia quis Italicis auctor posuisset in oris
Moenia, querent!, sic e senioribus unus
Rettulit indigenis, veteris non inscius aevi. — Ovid.

$n\\\mrt, 1888.

PEABODY PUBLICATION FUND.

Committee on Publication.
1887-88.
HENRY STOCKBRIDGE,
JOHN W. M. LEE,
BRADLEY T. JOHNSON.

Printed uy John Murphy & Co.
1' It INTERS TO Til K M A K YL AND HISTORICAL SOCIETY.
IiAl.TIMOUE, 1888,

PREFATORY NOTE.

In order that credit may be given where it is most justly
due, it is proper to say, and to say distinctly, that much the
greater part of what has here been related of both John Leeds
and John Leeds Bozman, was derived from memoranda and
private letters of that highly accomplished and most honor
able gentleman, John Bozman Kerr, whose natural abilities,
extensive learning and large acquaintance with Maryland
History should have made him the successor of his great
uncle. Other persons, most of whom have now passed away,
were consulted with reference to Mr. Bozman's habits and
appearance, and the information thus obtained has been
cautiously used ; but for his character and opinions the chief
reliance has been placed upon his own writings. The county
records and newspapers have given but small contribution to
our knowledge of a " life exempt from public haunt." His
name has gained admittance into some of the Biographical
Dictionaries, but the notices of him are exceedingly meagre
and imperfect.

JOHN LEEDS BOZMAN,
THE HISTORIAN.

THOSE who have rendered distinguished ser
vices to their fellows, by thought, word or
deed, are wrongfully deprived of half their
just meed, however well they may have been paid
in life with praise and more substantial reward, if
their memories are allowed to perish from the
minds of men. Nor are they alone the losers by
such neglect, for states and communities suffer
detriment, hardly to be measured, when they
permit the recollections of their good or great or
useful citizens to be effaced by " the tooth of time
and rasure of oblivion : " for what spur or incen
tive to finer natures is comparable with the hope
of winning the more durable existence that the
remembrance of after times confers, ancl what
inspiration to others, less highly endowed, is equal
to that afforded by lofty example held permanently 7

8
in view? If the objects of this Society are not
misapprehended, one of its purposes is
" to memorize
And leave in books for all posterities
The names of worthies and their virtuous deeds "
— to perpetuate or, if dying, to revive recollections
of those citizens of this State who, in the past,
thought, wrought and wrote wisely and well — an
object most worthy of your labors. That the
Maryland Historical Society, with such an object
before it, should not have attempted to trace the
pathway in life which lay not along the thronged
thoroughfares of the " city full," but, as it were,
through the lonely recesses of primitive forest,
and Avhich is now almost effaced by the falling
leaves of time — that it should have made no effort
to recover the lineaments, fast fading from the
canvas where once they were so strongly drawn,
of him who was the first1 to essay the task
lThe only person that can justly claim precedence in time of Mr.
Bozman as the first historian of Maryland was the Bev. Thomas Bacon,
the compiler of the laws of the province, whose labors, as embodied in
his great work, are hardly to be estimated. It may be well enough to
state that Mr. Bacon was an uncle to Mr. Bozman by marriage, and
from the compiler of the laws the historian of Maryland may have
received the first suggestion or inspiration to attempt the work upon
which his celebrity depends.
The above is allowed to remain as written before the following attracted
attention: "The earliest historian of Maryland was George Chalmers,
whose Political Annals of the Present United Colonies was published in
London in 1780 . . . His Account of Maryland is fair and for the most
part accurate."— W. T. Brantly, in Winsor's Nairative and Orilical History
of America, vol. III., p. 559.

9
upon which it has been engaged now this many
years — seems strange, and. the more so in view
of the laborious diligence that has been expended
in following the aimless wanderings and in
restoring the doubtful portraiture of less con
siderable personages of the State. Under these
circumstances, it is thought that the presentation
of some account, imperfect as it may and must
be, of Mr. John Leeds Bozman, the historian of
the earliest years of Maryland, will not be out
of place, and, perhaps, acceptable to students of
Maryland history.
The history of families, et nati natorum et qui
nascentur ah Mis, of which local history is largely
made up, has of late years acquired fresh interest,
and this with others besides those whose vanity
it gratifies by its record of descents from ancestors
easily believed to be of gentle blood, and with
those others who are pleased with the genealogical
puzzles which it "helps to solve or complicates the
more. Philosophy is using these family histories
as furnishing data for the confirmation of those
doctrines of heredity that have relations with so
many departments of human knowledge, particu
larly with anthropology in all its varied branches.
For this and other reasons, a few words of the
ancestors of Mr. John Leeds Bozman will be par
doned. His family was of Dutch origin, and had
for its founder in America William Bozman, the

10
immigrant — a man who is represented as having
possessed great force of character. He is said to
have been in the Chesapeake as early as 1627.
He was later seated in that portion of the penin
sula which afterwards became Somerset County,
and this may be regarded as the home or solar
of the family. He was appointed by Governor
Calvert in 1663 one of the Commissioners to settle
the boundary between Virginia and Maryland,
and, in 1664, one of the Commissioners to grant
warrants for land to persons desirous of removing
from the jurisdiction of Virginia to that of Mary
land. He held other positions of trust after the
organization of Somerset County in 1666. A son
of William Bozman was John, who rose to the
distinction of being one of the Judges of the Pro
vincial Court of Maryland, and from him sprang
Thomas and llisdon Bozman, both of whom
became residents of Talbot County. Pusdon Boz
man, a man of large landed possessions, fixed his
home at Sherwood, upon the Eastern bay, and
here he acquired consideration and position in
social and civil life. He is believed to have died
without children.1 Thomas Bozman married Mary
Lowe, the daughter of Colonel Nicholas Lowe, of
Oxford Neck — a gentleman who at one time or
1 Wide flats just within the Eastern bay, bordering upon this estate, are
known to sailors and fishermen as the " Bozman Flats," and a town in a
situation not remote has very recently been laid off, which has received the
name of " Bozman," but more in honor of the historian than of his family.'

11
another was Clerk of the County, High Sheriff",
Member of the House of Burgesses and Colonel
of the Militia. By his wife Colonel Thomas
Bozman acquired a large estate in Talbot, upon a
portion of which, subsequently, but long after his
death, known as Belleville, he settled, and this
became the seat of the family, passing through a
collateral branch from its possession as late as
1874. He occupied many places of honor and
emolument in the county and province. He was
High Sheriff, a Commissioner and Justice of the
Peace, the Deputy Surveyor General, Deputy Com
missary General for the Eastern Shore, Colonel of
Militia and a Vestryman of St. Peter's Parish.1
Few men of his day in Maryland were held in
higher esteem. The son of Colonel Thomas Boz
man and Mary Lowe was John, who, marrying
Lucretia Leeds, the daughter of John Leeds, of
Wade's Point, became the father of John Leeds
Bozman, the subject of this sketch.
At the risk of prolixity something must be said,

'Some of these official titles suggest to us of the present little of the
honor and dignity they represented to men of a former time, for apart from
the fact that the offices they designate were once of greater importance than
they now are, it should be noted that in a, society essentially aristocratic
and yet forbidden to use the only symbols of nobility that were known, ns
was the case in provincial Maryland, official position conferred titular
rank. Thus, names and places that would now be disdained by men of
good social standing were sought after with avidity, as much for the distinc
tion they conferred as for the emoluments they secured, and as the offices
were largely monopolized by certain families, the titles assumed a kind of
hereditary character.

12
in connection with the Bozman genesis, of Mr.
John Leeds, the maternal grandfather of the his
torian of Maryland, for to this source, perhaps,
may be traced the inclination to letters and science
which he displayed. Mr. John Leeds, now almost
forgotten, was held in much esteem by his contem
poraries for the purity of his character and his
very respectable attainments. He was the son
of Edward Leeds, of Wade's Point, in Talbot
County — a property which he inherited from his
father, Captain William Leeds — a Puritan in
religion, a contemporary of William Claiborne, a
resident of Kent Island and a representative, in
1661, of Kent County in the House of Burgesses.
Captain William Leeds, who died in 1708, was the
son of Timothy Leeds, the immigrant, who came to
Virginia with Newport's expedition.1 John Leeds
was born, according to the Quaker notation, on
the 18th of the fifth month (July), 1705, and, his
father dying soon after, was left to the care of
his mother — a woman of strong sense as well as
purity of character — who, having embraced the
doctrines of the Friends, gave to the mind of her
son a religious impress that was never lost, though
he soon ceased all communion with these people.
Of his education nothing whatever is known except
that it was obtained wholly in Maryland — he
1 As mentioned in Smith's History of Virginia, vol. I., p. 172, Richmond
edition of 1819.

13
never having been sent abroad, as the sons of
wealthy planters and merchants often were. It
may have been received under the tuition of one
of those teachers who were purchased from the
ships as indentured servants, for some of these
were men not so ignorant and depraved as their
forlorn condition might indicate ; but in view of
the extremely defective instruction that was im
parted at that early time in the province — in view,
too, of the small encouragement that was given
to the prosecution of liberal studies in such a
primitive society as then existed in Maryland,
and, finally, in view of the really respectable
attainments of Mr. Leeds — we arc justified in
believing that he possessed a natural aptitude for
learning which overcame educational deficiencies
and a taste for letters that could not be extin
guished by the rudeness of his environments. A
kinsman, writing of him, said: "Though educated
solely in Maryland, few among his cotemporaries
had higher, claims, by common consent, to rigid
scholarship and more skill in the mathematics."
It was on account of his proficiency in astronomy
and geodesy that he was appointed by Governor
Sharpe one of the Commission to supervise the
work of the surveyors, Mason and Dixon, in laying
down the boundary line between Pennsylvania and
Maryland, which in subsequent years acquired
such historic celebrity and momentous political
3

14
importance. Of him Governor Sharpe said in a
letter: "I appointed Mr. Leeds to be a Commis
sioner, and it was at my desire and request that
he traveled and attended the other Commissioners.
I did not think it safe with regard to Lord Balti
more's interest to be without him, there being no
other person I could procure to assist whose knowl
edge of such matters I could rely on."1 It is
hardly doubtful that the detection of some errors
in the original survey was owing to his knowledge
and accuracy. Mr. Leeds gave much attention to
astronomy,2 but more particularly to optics, in
which science his descendants claim that he made
uiirevealed discoveries which anticipated many of
a later day. The truth of this there are, of
course, no means of determining. He possessed
a valuable collection of philosophical instruments,
some of which, after his death, came into the pos
session of St. John's College and others remained
in that of his grandson, Mr. John Leeds Bozman.3

1 Services which were so valued by Governor Sharpe and upon which Mr.
Leeds himself placed no slight estimate, for his accounts show that he
demanded an extra allowance of a guinea for each day of one hundred and
seventy-seven that he attended, are strangely ignored by historians, who do
not connect his name with this important transaction.
2 The Philosophical Transactions of 1769 contain a letter of his upon the
Transit of Venus, occurring on the 3d of June in the same year. lie left
behind him a large mass of astronomical calculations, which it was intended
to submit to Mr. Bowditch for examination ; but the matter was delayed
and the papers were destroyed. Of course, there are no means now of esti
mating their value.
3 There is a tradition that the Maryland authorities, after the passage of
the Confiscation acts in the Revolutionary era, laid claim to some of these

In the year 1735 Mr. Leeds was appointed one
of the Commissioners or Justices of the Peace for
Talbot County, which position he held until the year
1738, when he was appointed Clerk of the County.1
In this place he remained for a great number of
years, and while holding it he was, in 1766,
appointed Naval Officer for Oxford, and at a later
date, say 1773, a Judge of the Provincial Court.
No office of the Provincial Government was of
greater importance and dignity than this, except
that of the chief executive, and his appointment
to it must be regarded not only as a testimonial to
his high character, but as evidence of his possess
ing, in addition to his other acquirements, a good
knowledge of law. He was also at one time
Treasurer of the Eastern Shore. During the long
controversy^ that was waged with the Royal Gov
ernment by the American Colonics prior to the
actual outbreak of the hostilities of the Revolu
tion, Mr. Leeds counselled patience and peace;
and he opposed all measures that seemed to tend
to the rupture of the ties which bound Maryland to
the mother country, and when finally these ties

instruments, for the use of the College, as being the property of the Lord
Proprietary. Mr. Leeds said that he had no objection to their going to the
College, but that they were his own and refused to deliver them. Being,
however, a non-juror, he transferred them to his grandson, John Leeds
Bozman, by bill of sale.
•Allibone, in his Dictionary of Authors, speaks of Mr. Leeds as the "Sur
veyor General of Maryland." He was, probably, Deputy Surveyor General
for tho Eastern Shore.

16
were declared to be sundered, he pronounced the
act precipitate, ill-advised, morally and politically
culpable. He refused to renounce his allegiance
to the King of Great Britain, and to recognize as
legitimate that government or those governments
which had been set up upon the ruins of the
proprietary and kingly rule. In other words, he
became a Tory — a decided but inactive Tory. He
refused to take the oath that was required of him,
resigned all his official positions, even that of the
Clerk of the Court, ancl retreated to the seclusion
of his farm on Bfiy-Side.1 As the contest grew
warmer and more embittered in the colony and
his county, he apprehended that proscriptive
measures would be adopted in Maryland against
all those who opposed the current of popular sen
timent. So he settled his private affairs prepara-
'The following lines, "occasioned by the oath refused by nonjurors,
during the Hovolution/' though without poetic merit, are possessed of
curious interest: The Honest man compell'd to take
An Oath his heart cou'd never make.
A Parody,
By John Leeds, Esq.
To thee O God 1 who knows the secret mind,
Or, if to Virtue or to Vice inclined
My cause I leave, and hope the just award,
Who Vice can punish, Virtue will reward :
If in the maze of these degenerate days
I go, unwilling, into error's ways,
Or if by wicked men compelled to run
In paths reluctant, which I sought to shun,
Impute the error to their damned decree
Not to my heart, for that is wholly free.
Addressed to James Dickinson, Esq.

17
tory to leaving the country, expecting to embark
with Governor Eden on the ship Fowey ; but as
the final step towards colonial independence was
delayed, he was persuaded by kinsmen and friends
of tho Whig or patriot party, among whom was
a very near neighbor — the lion. Matthew Tilgh
man {clarum et venerabile nomen) — to continue at
his home, and, he consenting, here remained in
unmolested retirement during the whole contest,
giving offence to none by the obtrusion of his
sentiments upon public or private notice, and
enjoying, amidst the suspicion and acrimony that
was engendered by the war, the confidence and con
sideration of his fellow-citizens of whatsoever poli
tical belief.1 Mr. Leeds maintained his opinions
to the end of his life, and witnessing, not without
self-approval, the failure of the government under
the Articles of Confederation, he was confirmed
in his belief that a lasting league of independent
States was an illusion of political optimism, and
that the only sure ground for stability was a con
stitutional monarchy. He did not live long enough
to witness the happy working of our " more per
fect Union " under our new form of government,
for he died soon after the adoption of our Con
stitution,- in March, 1790, " fully impressed with
'He was referred to by the Rev. John Gordon, an ardent Whig, in a.
sermon he delivered in 1774, during the time of the agitation produced by
the Boston Port Bill, as "one of whom all had been so justly proud for his
profound learning, for his excellence and purity of character."

18
the idea that the expenditure of lives and the
waste of treasure might have been obviated by
the recognition of a Colonial General Home Gov
ernment under the mere prestige of British power
and British laws."1 Mr. Leeds was exceedingly
liberal in his religious views, for having imbibed
from a Quaker mother Arian opinions, there was
ground prepared in youth for the reception and
growth of the seeds of Deism, which, in his
maturer years, were scattered broadcast through
out the world. It is known that, like most men
of serious minds, he was led to a study of those
profound questions of the origin, nature and
destiny of man that lay at the basis of religious
faith and practice, and, as connected with them,
the dogmas and ceremonials by which different
forms of religion are expressed and discriminated.
His philosophic manner of considering such sub
jects, which he adopted instead of the emotional
which characterized the people among whom he
had been piously bred, may have given rise to
the opinion that he was atheistical. If the rigidly
orthodox discovered in him something to condemn,
the more tolerant of divergencies from a catholic
faith saw at the bottom of his character a venera
tion of that "power which makes for righteous
ness." He was in communion with no religious
'John Bozman Kerr, in a manuscript history of the Chamberlaine
family, part of which only has been published.

19
society, but held the Friends in great respect for
the purity of their lives, and, like other men in
whom the filial sentiment is strong though the
religious belief is weak, because their faith and
practice were those of an honored parent. Of the
more intimate traits of Mr. Leeds' character and
of his personal appearance, little or nothing is
known : but that he possessed many amiable
qualities of mind and heart is attested by the
affection of his, immediate descendants, which is
of record, and by the veneration of those more
remote, which is based upon authentic family
tradition. He was buried at Wade's Point,1 his
homestead — a property which was taken up origin
ally by Zachary Wade, one of Claiborne's com
panions, and alienated by him when that worthy
was driven from the province in 1647 ? Mr. Leeds
left this property to his grandson, John Leeds
Bozman, who made it his home for a sliort time
during the early part of his life. To the same
he bequeathed his library and philosophical instru
ments. Mr. Leeds married, on the 14th of the

¦The land thus designated was directly across the Eastern Bay from
Kent Point, where, it is claimed, was the seat of Claiborne's settlement.
Its name is variously spelled.
4 Zachary Wade was one of the adherents of Claiborne in his resistance to
the claims of Lord Baltimore. When this "evil genius," as Mr. Bozman
calls him, but very improperly, was driven from Kent Island by Governor
Calvert in 1647, he was one of those who "submitted themselves to his
Lordship's government" and took the oath of fealty. — Bosnian's Hist, of
Md., vol. II., p. 304 (note).

20
2nd month, 1726, Rachel Harrison, by whom there
were born to him three daughters, but no sons.
One of these daughters, Rachel, became the wife
of John Bozman, as before mentioned, ancl the
mother of the historian of Maryland.1
To conclude this long genealogical digression
1 This marriage was formally ratified, according to the simple ceremony
of the Friends, at the Quaker Meeting house on Dividing Creek, near the
town of Trappe— consecrated in the memory of these good people by
the fact that near by, at the house of William Stevens, George Fox
preached when in America in 1673, having among his auditors " the Judge
of the County, three Justices of the Peace and the High Sheriff, with their
wives. Of the Indians one was called their Emperor, an Indian King, their
Speaker, who sat very attentive and carried themselves very lovingly."
The certificate of this marriage may be here inserted as a curious relic of a
primitive time :
Maryland ss Where as John Leeds, Jr. and Rachel Harrison, Boath of
Talbot county in the Province of Maryland, have Declared their Intentions
of Marrying Publickly before severell Meetings of the People call'd
Quakers in the aff'd County of Talbot, according to the good order used
among them, whose proceedings thare in were approved By the said Meet
ing, thay appering clear of all others: Now, these are to Certify all whome
itt may Concern that for the full accomplishment of their said Marriage,
They the said John Leeds and Rachel Harrison appeared in a Publick
meeting of the afforesaid People, att their meeting house att Choptank this
fourtenth day of ye Second Month In the year of our Lord one thousand
seven hundred and twenty six, and In a Solemn Manner He the said John
Leeds, taking the S'd Rachel Harrison by the hand Did Publickly Declare
as followeth: Friends, in the fear of the Lord and Praying for Divine
assistance, I take my friend Rachel Harrison to be my Wife, Promesing to
be to her a True, Loving & AfFectionat Husband untell itt shall Pleas
all mighty God by Death to separate us. And then and thare the said
Rachel Harrison did in like manner declare as followeth : Friends, in tho
fear the Lord and Praying for Divine Assistance, I take my friend John
Leeds to be my Husband, Promising to be to him a True Loving and
Affeetionat Wife untell itt shal I'lease all mighty God by Death to separate
us. And the said John Leeds and Rachel Leeds, she now according to the
Custom of Marriage, Assuming the name of Her Husband, as a further
Confirmation did then and thare to these Presents sett their Hands, and we
whose names are here unto subscribed being Present Att the solemnnizing

21
and to return to the subject of this memoir, it
may be stated that there is no difficulty in tracing
atavic influence in the forming of the mind and
character of John Leeds Bozman. It has been
shown that he came from ancestors that were not
only reputable, but mentally well-endowed, some
of the said Marriage and Subscription aflbre said, as witnesses, Have to
these presents sett our hands the Day and Year above writen.
John Leeds Junr
Rachl Leeds.

Samuel Dickinson, John Powell,
Ruth Richardson, Will. White [?],
William Harrison, William Lewis,
Henry Troth, Chas Dickinson,
W™ Dickinson, Solomon Edmondson,
Peter Sharp, Christopher Birkhead,
Dan'.Powell, Joseph Wray,
How" Powell, Solomon Sharp,
Walter Dickinson, Henry Sharp,
John Gorsuch, John Stevens,
W'« Sharp, Howell Powell, Jr.,
W"? Edmondson, Peter Webb.
John Kemp,
[The names of the women are all written by one person].
Rebeckah Dickinson, Susanah Powell, Jun.,
Elizabeth Harrison, Sarah Webb,
Ann Harrison, Ester Edmondson,
Susanah Powell, Sarah Webb, Jun.,
Suffrah Dickinson, Mary Horney,
Sarah Powell, Magdalen Stevens.
Under the name of his wife upon this certificate John Leeds wrote with
touching simplicity: "She died 10th May 1746 having well and faithfully
performed her covenant." In the handwriting of Mr. John Leeds Bozman,
upon the paper enclosing this certificate, which he seems to have treasured
with filial piety, was an endorsement which effectually settles a disputed
point of biography, namely, the birth-place of the celebrated John Dickin
son, author of " Farmer's Letters," and of General Philemon Dickinson, of
4

of whom possessed a culture rarely to be found in
a new and sparsely settled country remote from
those influences that are helpful or stimulating
to intellectual effort. How far his example proves
the doctrines of heredity, this is not the place' to
consider. John Leeds Bozman, the son of John and
the Revolutionary Army, both of whom, as will appear, were the kinsmen
of Mr. Bozman. The following is the memorandum : " The within Rachel
Harrison, to whom my grand father John Leeds was married, according to
the enclosed certificate, was one of the daughters of William Harrison and
Elizabeth his wife, whose estate and place of residence lay in Talbot
County, on the Choptank river contiguous to the place called Barker's
Landing. The said Elizabeth Harrison's maiden name was Dickinson.
She was the only daughter of William Dickinson, of Talbot county, mer
chant, who died in 1718 and left Samuel Dickinson his eldest son and heir
at law. Samuel Dickinson by a first wife, had Henry Dickinson his eldest
son & heir; but by a second wife (who was a sister of Doc' Cadwallader of
Philadelphia) he had two other sons, viz, John Dickinson, (celebrated for
his Farmer's letters) and Philemon Dickinson, commonly called General
Dickinson of the State of New Jersey. The plantation and residence of the
present Doc1 Sam' Dickinson, a grand son of the above mentioned Henry
(lying on Choptank) [and still, 1887, possessed by a lineal descendant] has
been transmitted to him from his great grandfather, the above mentioned
Sam\ Dickinson, and was the family seat of the above mentioned Samuel
the Elder. These facts appear from a copy of a deed of release (in my
grand fatber, John Leeds' hand writing) which appears to have been given
by him to the above mentioned Sam' Dickinson, the elder and son of
AVilliam, in the year 1734, for his wife Rachel's distributive share of her
grand-father's, William Dickinson's, personal estate, her mother Elizabeth
Harrison, being then dead. Her distributive share for which the Release
appears to have been given amounted to 100 pounds sterling and 50 pounds
currency.
"John Leeds Bozman
"Sept. 1th, 1814."
It may be added, though nothing more is needed, that recent investiga
tions prove incontestably that both John Dickinson and Philemon Dickin
son were natives of Talbot County, and, therefore, that this County and this
State of Maryland are entitled to a portion, at least, of the honors that are
reflected from these illustrious names.

23
Lucretia (Leeds) Bozman, was born upon the
estate subsequently named Belleville, in Oxford
Neck, Talbot County, Maryland, on the 25th of
August, 1757. Of his early life little or nothing
is known. It was, probably, that of a country
boy of the present — lonely, idle and monotonous.
His father dying when he was but ten years of
age, he was fortunate enough to fall under the
care of his maternal grandfather, William Leeds,
who directed his education. After primary in
struction at home, he was sent to Back Creek
Academy, afterwards Washington Academy, in
Somerset County, a school of high reputation in
its day. At a suitable age, when he had made
proper progress in his studies, he matriculated
at the Pennsylvania College, now the University
of Pennsylvania, where he made a complete course
and was regularly graduated. It having been
determined that the profession of law should be
his calling for life, he was in 1777 entered as
a lawyer's apprentice with Judge Robert Golds-
borough,1 the fourth of the name, of Myrtle Grovej
ancl after the close of the war of the Revolution,
he was, in 1784, sent to England for the com-

1 There is a tradition pretty well established that while an apprentice
to Judge Goldsborough at his seat in Talbot, he met with Miss Callisla
Callister, whose charms may have inspired a tender passion in his breast,
and whose death certainly inspired some threnetic stanzas, which were
printed in the Port Folio, and acquired considerable vogue in their day,
but are now justly forgotten.

24
pletion of his legal studies. He was entered as a
student at the Middle Temple, London, his grand
father defraying the necessary expenses attending
his residence abroad. His most intimate com
panion in London was Mr. William Vans Murray,
of Dorchester County, also a student of Middle
Temple, who subsequently rose to distinction in
political life, becoming not only a member of
Congress but a Minister at the Hague. With
him Mr. Bozman maintained a personal ancl
epistolary correspondence until the death of Mr.
Murray ; and some of the letters of these friends,
recalling incidents of their life in Fig Tree Court,
where they had their chambers, indicate that they
were not so absorbed in study as to decline par
ticipating in the gaieties, or if it must be told,
the dissipations of the great city. After spending
several years at this school, " mastering the law
less science of our law," he returned to Maryland
and Talbot, was admitted to the bar, and entered
upon the practice of his profession in the various
courts of the State and county. He served as
Deputy Attorney General under the eminent
Luther Martin, his Avarm friend and associate,
from the year 1789 to 1807, but it is believed
he never held any other office of trust or profit.
It does not appear that he acquired any great
distinction as an advocate, but he was held in
high esteem for the extent of his legal erudition

25
and for the soundness of his professional judg
ments. His abilities and tastes fitted him for
the calm and quiet duties of the counsellor, or
better still for the deliberate decisions of the
judge, rather than for the stormy contests ancl
fallacious plausibilities of the pleader. Some of
his law papers, presented to the General Court
and the Court of Appeals, are said to be drawn
up with extraordinary acumen and research. A
kinsman, perhaps too partial, has said that a paper
of Mr. Bozman, presented to the Court of Appeals
by one of the counsel in the case of Martin dale
and Troupe, familiar to most legal gentlemen of
this State through "Harris & Mcllenry's Re
ports," where it is inserted without name, is an
actual monument of abstruse law, learning ancl
forensic dialectics ; that he had heard a most
capable scholar and jurist declare that he had
frequently resorted to its logic in his pleadings
before the Supreme Court of the United States,
and had taken occasion to say, in the presence
of the same august tribunal, in his ignorance of its
true author, that there was but one mind capable
of such depth of reasoning — the distinguished
Marylander, William Pinkney. As to the just
ness of this estimate, a layman is incapable of
determining; but it is allowable to quote the
words of as severe a critic as any — Mr. Bozman
himself — that the argument in this case, first set

26
forth in a pamphlet published by him in 1794,
hereafter to be noticed, "was then deemed, by
most gentlemen of the profession of the law in
Maryland, to have thrown light upon a very
intricate subject, and to have been, without doubt,
the foundation of the reversal in the Court of
Appeals of a judicial decision thereon in the
General Court."— (Bozman MSS.)
Some essays on legal subjects, presently to be
noticed, give evidence of excellent equipment for
the conflicts of the courts ; but where1 agility, of
mind is so important a qualification for success,
it is probable the weight of his own armor Avas a
burden and the length of his own sword an embar
rassment. Situated, as he Avas, in a small and
poor community remote from the great centres of
population ancl commerce, it is not astonishing
that his practice at the bar Avon for him neither
munificent emoluments nor dazzling honors ; and,
therefore, it is not to be wondered at that a man
such as Mr. Bozman, whose fortune, moderate as
it was, relieved him from the necessity of pur
suing his profession for a livelihood, and one who
felt his own capabilities for winning the higher
prizes and palms, if such had been offered for
competition, should have abandoned his profes
sion to give himself up to those pursuits which,
if they Avere not more, remunerative, Avere more
pleasurable than the petty disputations of the
courts or the monotonous routine of the office.

27
It is not knoAvn when he finally abandoned
legal practice ; but he had always been glad to
escape the turmoil ancl contention which it in
volved, and find refuge in the tranquil retreats
of literature and science. Cut off, as he was,
from the aids and resources of literary culture,
privileges enjoyed by residents of the cities —
collections of books and intercourse with learned
men — he spent his life in the seclusion of his farm,
and the income of a moderate fortune and profes
sional practice in accumulating a library Avhich
for the day might be called extensive, and for
any clay choice and valuable. This library, be
queathed to his nephew, the Hon. John Leeds
Kerr, sometime Senator of the United States, came
into the possession of Mr. John Bozman Kerr,
Member of Congress ancl Minister Resident to
Central America, ancl was sold within a few years
past in the City of Baltimore. It indicated the
wide scope of Mr. Bozman's reading, embracing,
as it did, the best productions of all time without
excluding the current literature of his clay. Besides
being well-read in English literature, he appears
to have been an accomplished classical scholar
and to have possessed a fair knoAvledge of the
French language. The natural sciences, too,
claimed his attention ; but that of botany seemed
to possess for him the greatest interest — as much,
perhaps, because it allied itself Avith agriculture,

28
of which he was, in common with most gentlemen
of his day in his county, a diligent practitioner,
as because its objects presented themselves to his
notice in his daily Avalks ancl demanded more
than admiring notice. But what may be called
the sciences of man — those that relate to history
and government, ethics ancl morals — engaged his
attention more than any other during his maturer
years. He says of himself: "Whenever the
author's occupation in life permitted his indulgence
in any literary pursuit, that of history always pre
sented to him the greatest attractions." His
information, however, was extensive upon most
subjects, and it was said of him that he Avas
" respected as a man of learning among learned
men." '
But Mr. Bozman was not content to enjoy the
productions of others without attempting to add
something of his own to the repast that is spread
by generous minds for the refreshment of all.
In his day " the mob of gentlemen who wrote
with ease " was not so large as at present. Jour
nals and other periodicals did not so abound as
now, inviting and rewarding literary labor of every
'The following is from a letter dated August, 1793, to his friend, William
Vans Murray: "... I was, just before my late illness, deep in physiog
nomy. I had lately bought a London abridgment of Lavater's Essays. I
know no book that leads a man to such thorough investigation of himself
in what I would call a philosophic point of view — that is, as an Animal. It
is a science hitherto but little explored ; but depend on it, that before
many centuries are past, deep researches will be made in it.

29

sort. He exercised his pen industriously and
pleasurably, but not gainfully. He occasionally
dallied with the Muses, particularly in early life,
and even when engaged in serious work he Avas
fond, in his moments of relaxation, of exercising
the gentle art of versification. There are still
extant effusions of his, both in print and in manu
script, that evince some skill in verse-making, but
none of the divine afflatus. A few of these Avere
thought to be of sufficient merit to gain insertion
in the Morning Herald of London and the Port
folio of Philadelphia ; but they are strained in
sentiment and artificial in construction. They
are only valuable as literary curiosities, so none
of them need be here presented to prove his Avant
of " the vision and the faculty " of the true poet.1
He Avas a contributor of articles upon subjects of
current discussion and temporary interest to other
journals of the large cities. These articles were
apparently welcomed by the editors, as they drew
attention and sometimes provoked controversy.
He did not disdain to write for the Eastern Shore
Herald, the little weekly journal that began to
be issued in 1790 in the town of Easton and was
edited by James Cowan — the first newspaper pub
lished upon the Eastern Shore and the third
1 An ode on the Discovery of the Georgian Star, an Elegy on the Death of
Miss O. C. [Callista Callister], and u translation of Milton's elegy on the
Return of Spring, are his best and those from which he derives the least
discredit as a poet.

30
printed within the bounds of the State of Mary
land. Many of his communications, over the
signature of Hortensius, are now recognizable ; but
many others, anonymous or pseudonymous, are
not distinguishable. Those that are known to be
his are valuable as giving us an insight into his
character, for they exhibit him in his more
familiar moods.1
But besides these fugitive pieces, Avritten for his
oavh or others' mental diversion, or to serve some
temporary purposes, he Avrote several labored
essays upon legal, politicjil and social subjects.
The first of these was entitled " Observations on
the Proposed Bill, entitled ' An Act to declare and
explain the LaAV in certain cases therein men
tioned,' " ancl was contained in a pamphlet of
forty-three pages, printed by James Cowan at
Easton in 1794. This was drawn forth by the
introduction of a bill to "remedy the consequences
of the decision of the General Court in the case of
ejectment of Martindale versus Troop," reported
in 3 Harris & McIIenry, 244, and was a statute
of limitations. As before mentioned, the ar<m-
ment of this essay Avas used some years later
before the Court of Appeals, and Avas instrumental
in the reversal of the decision of the Court beloAv.

1 He assumed, too, the role of the nnordained homilist, for fragments of a
sermon of his have been found, written, perhaps, to test his own powers in
an unusual line of literary production.

31
It attracted so much attention that the author
resolved to publish a second edition, recast and
extended however, which should bear the title,
" Observations on the Statute of 21 Jac. I. ch. 16,
in application to Estates tail." This he intended
should be the first of a series of " Law tracts or
Essays on Several subjects arising under the LaAvs
of Maryland," ancl though it Avas prepared and
made ready for the press, there is no evidence
that it Avas ever published.1 This production seems
to display the possession by the author of a great
legal erudition ancl a judicial spirit of interpreta
tion ; but as it Avould be presumptuous in the
iudocti laid, as Mr. Bozman calls those not of
tho profession, to pass judgment upon its merits,
propriety and prudence dictate that nothing should
here be said of this essay as a disquisition upon
law. Nevertheless, it is permissible to quote a
few of the concluding sentences as illustrative of
the author's opinion upon a matter affecting the
social structure. He says :
"Ancl now, as I flatter myself I have with some
success endeavored to show, that this proposed
bill is neither unconstitutional nor unjust, I shall
conclude this subject with a word or tAvo on the
policy of this measure. I am ready to acknow-
1 The " rough copy " of this enlarged essay is in existence in Mr.
Bozman's handwriting, and upon this he notes that he had made a " fail-
copy " for the printer.

32
ledge, that there is something laudable and
amiable in the conduct of a man, who by honest
industry and moderate economy endeavors to
acquire property as a means of a comfortable
subsistence, not only for his own enjoyment, but
to be transmitted to his children after his decease.
For such purposes the laws do well in encour
aging the acquisition of property. The private
virtues of life are by these means fostered and
cherished. The gratitude of children to parents
ancl the affections of families to each other are
thereby more strongly cemented. The activity
ancl industry of our citizens are from this cause
spurred and excited. Hence result many public
advantages; — the encouragement of the arts and
sciences, — the extension of commerce, — and the
improvement of agriculture. But it is obvious
to have the full effect of these public benefits,
free alienation of property is an essential circum
stance. When property is made unalienable, it
is like so much coagulated blood in the veins
of an animal, which does not circulate. It is
politically unwholesome. The industry of our
citizens is as effectually stopped by such a stag
nation of property, as on the other hand it is
stirred ancl promoted by a free circulation. And
though I approve of a parental care of children,
yet I feel myself forced into the observation, that
this apparent fondness for posterity most fre-

33
quently originates from a sordid itch for that
contemptible species of fame, which is built upon
the basis of wealth. It is not possible, that a man
can feel any real affection for those, of whom he
knows nothing and of whose existence he can
have no certainty. His children about him are
justly the objects of his affection, but future des
cendants can only raise in his mind an imaginary
attachment. Thus, to put it in the most favorable
point of Adew — the parsimonious ancestor may
imagine that he feels a sincere affection for his
future unborn posterity. So the religious fanatic
frequently fancies that he feels sensations of which
neither he himself nor any other person can have
any clear ideas. The building up of a family,
like the endowment of a monastery, may demon
strate the zeal of the devotee, but they are acts
of weakness, on which reason looks with pity.
They are equally gifts to superstitious uses. Per
petuities and mortmain produce similar incon
veniences to society. The are both liable to the
same objections. They are both clogs to the
alienation of property. Both have long been
held in abhorrence and detestation by the laws of
England. . . . This family law, as it has been
called, has ever been wisely reprobated and leaned
against even by the judges of England. . . .
With us, also, they have been so far discouraged
that, until this late decision of the General Court,

34
it Avas thought that in a few years they would
have been utterly extinct. The before-mentioned
Act of 1766, Nov., ch. 21, the Act of 1773, June,
ch. 1, by which estates-tail were made alienable
by deed of bargain and sale ; the same, reenacted
1782, Nov., ch. 23 ; the late act regulating descents,
are all demonstrative of the disposition of the
people of the State towards this family laAV. Nor
is this antipathy founded upon an- improper
prejudice. It is an unhappy truth, which cannot
Avell be avoided under any form of government,
that poAver ancl Avealth are concomitant. If prop
erty, by a restriction of alienation, is alloAved to
accumulate in families, it must folloAV that an
acquisition of power will be vested in them in
an equal proportion. Hence aristocracies of a for
midable nature might spring up. Although our
State Constitution might, perhaps, be improved
by a few alterations, yet, in a general point of
view, it is certainly as happy an adjustment of the
democratic form as could haA^e been devised. But
if Ave once give into a habit of encouraging by
our laws an accumulation of wealth in families, I
know not how long we may retain this excellent
form of government. It is not that I Avould affect
to be alarmed at the claims of a few individuals
to some latent estates-tail. It is the principle
which I combat. I repeat it, that if the Legis
lature sIioav such sacred regard to these imaginary*

35
rights of families, the principle may hereafter be
adopted ancl engrafted into other laws, Avhich
may lay the embryo seeds of a fatal aristocracy.
Whoever recalls to his mind the history of many
governments in the world must know that aristo
cratic republics are the luckless shapes into Avhich
democracies in the flux of time too frequently
mould themselves. The Republics of Venice ancl
Genoa bear testimony to this. Ought we not,
therefore, cautiously to avoid even the least pro
gress towards so unfortunate a deviation? As
avc have taught the nations of the earth how to
obtain liberty, let us also teach them how to pre
serve it."1
But it is proper to say that although the whole
drift of his argument is in the direction of the
constitutionality and expediency of the proposed
law for the limitation of entails, ancl in opposition
to systems of inalienable hereditaments, there Avas
a recoil of his mind from extreme sentiments,
then prevalent, antagonistic to the perpetuation
of estates by a settled succession of heirs, for he
says clscAvhcre in this essay : "Although I have
herein alloAved full scope to all the objections
which have been made by Mr. Justice Black-
stone or others, to the impolicy of estates-tail as
a mode of prohibiting the free alienation of real
property, particularly Avhere such property is
•This extract has been copied from the original publication of 1794.

36
rendered intangible to creditors, yet I beg leave
to suggest some considerations in opposition
thereto, which ought I think to be attended to
in the midst of our zeal against this family-law,
as it has been called. We know that every com
munity of mankind existing under almost any
form of government is composed rather by an
aggregation of families than of individuals. The
more men are loosened from the cares and affec
tions of a family the nearer they approximate to
that individual solitude which is more generally
the concomitant of a savage life. When a man
is surrounded by his wife ancl children who look
up to him for a sustenance, not only during his
uncertain life, but to be proA'ided for them in
case of his death, his industry is stimulated by
such circumstances beyond the excitement from
almost any other cause. From this additional
industry thus excited, the public, as all political
economists acknowledge, are benefited. This in
dividual industry is also further promoted by
giving to the person thus exercising it, the
entire disposition of all the property so acquired
by him; and such right of disposition ought not
to be confined to the duration of his life only,
but he ought to have the right of directing the
succession of his property, whether real or per
sonal, after his decease, in such manner as shall
be most consonant with his feelings and opinions.

37
To give him this right by no means implies that
he should have the power of so fettering his
property, in directing the succession of it, as
that it should not be at all times amenable to
creditors, who, on the ostensible faith thereof
might happen to give credit to those to whom
he has thus directed the succession. Estates-
tail, therefore, in real property, when they are
created by the first purchasers or acquirers of
such property, seem to be a mode of trans
mitting the succession of such property justly
allowable as the reward of industry. As a set-off
against the disobedience of children, before men
tioned, as an objection against entails, may be
mentioned the wanton alienation which frequently
occurs, by ungrateful children, of all the property
entailed upon them by an industrious and affec
tionate parent, from all those of his family, to
whom he had fondly supposed the acquirements of
his industry might accidentally descend. Under
the old Provincial Government instances fre
quently occurred, some of which have come to
the knowledge of the author of this essay, Avherein
the entailing of an estate has been the means of
preserving a meritorious family from Avant ancl
ruin, where an ungrateful heir had alienated
such entailed estate to a wanton wife, in no
manner connected by the tender ties of blood to
6

38
him, who, by the sweat of his brow, had first
industriously acquired it."
There is no reason to believe that Mr. Bozman
carried his scheme of a series of "Law Tracts"
further than the first number ; but in 1802 a
pamphlet appeared which, though anonymous and
bearing no imprint of the name of the publisher
or place of issue, is attributed to him upon excel
lent authority.1 It constitutes a proposal or plan
for a new arrangement of the Courts, and appears
to have been drawn forth by the disagreeable
experience of the evils ancl insufficiencies of the
system of judicature established in Maryland by
the statute of 1790. This system was condemned
and had been years before by the most enlightened
jurists of the State, who were considering the best
methods for its reformation. Whether the sugges
tions made in this essay for the reorganization of
the Courts were regarded as valuable it is impos
sible, at this clay and in the absence of specific
information, to declare ; but they seem to have
the merit of avoiding revolutionary methods and
of being based upon historical precedent, and
they adumbrated the system which was adopted
in 1805. Besides Orphans' Courts and a Criminal
•The following is the full title: "A new arrangement of the Courts of
Justice of the State of Maryland proposed. Ea jura,'vero, qua; ipsa sibi
quieque civitas constituit, ssepe mutari solent, vel tacito consensu populi, vel
alia postea lege lata. Justin. Inst. Lib. I. Tit. 2. Sec. 11. Maryland:
Printed for the Author.

39
Court • for Baltimore City, the establishment of
Hundred Courts, County Courts, General Courts
and Courts of Appeal was recommended, and the
limits of jurisdiction of each of these Avere defined.
It Avould be pretentious for one unacquainted with
law and the procedures of law tribunals to pass
any opinion upon the worth of Mr. Bozman's
scheme ; but an extract from his brochure will
serve to illustrate the character of one class of
the Courts then existing, namely, the County
Courts, which, if the picture be not overdrawn.
seem to have been falling, and deservedly falling,
into contempt. It will also serve to present some
social phases of the time, as well as exhibit the
style of the writer when in his lighter vein. It
should be remembered that the bench of the
County Courts was occupied by one Chief Justice,
who i was Chief Justice of a judicial district and
always a lawyer, and of two Associate Justices of
the several counties in the district, not always
nor generally of the legal profession, and corre
sponding to the puisne Judges of the mother
country and some of the States. In fact, the
Associate Judges in Maryland were a survival of
the provincial system of County Courts, with their
." Worshipful the Commissioners and Justices of
the Peace and Judges of the Quorum." There is
little doubt that the picture Mr. Bozman paints
in the following extract was a portrait and not a

40
caricature:1 "To illustrate this part of our subject
the author solicits the reader's indulgence in sup
posing, for a few moments, that one of the Chief
Justices of our District County Courts may be of
the following character : Born of parents descended
from the most ancient and wealthy families of the
State, he was consequently nurtured in the very
lap of our provincial aristocracy and educated in
the aristocratic principles of our ancient proAnncial
gentry. Thus descended and thus educated, it may
be naturally supposed that he affixes high con
sideration to the recommendations of wealth and
birth. We will suppose him possessing numerous
family connexions. If any one of his near rela
tions, illustrious both for his wealth and birth, shall
be summoned to the vulgar discharge of the vulgar
duties of a juror, he is released from that trouble
some office, and permitted to return home to the
more gentleman-like ancl agreeable recreations of
fishing and hunting; but this judge, so highly
prejudiced in favor of an aristocracy, will often
times most absurdly display a partiality on the
side of democracy. It is true, this partiality is
not the result of affection. Like the Indian in his
1 The gentleman who, in 1802, held the seat of Chief Justice was the Hon.
James Tilghman, of Queen Anne's, and his Associates for Talbot were
Samuel Dickinson and Jacob Gibson, Esquires. Of one of these, who had
been more than once indicted, it was said by a political opponent that when
he was seen to enter the Court-room, there was always doubt whether he
was to occupy the dock or the bench. To which of the Justices this refer
ence was made, it is here purposely left in uncertainty.

41
adoration of a daemon, he worships through fear.
If a powerful popular democrat comes before him
to be fined, either for an offence or contempt, he
is discharged, sub silentio, Avith the slightest pos
sible fine or, perhaps, without any. If the like
character happens to be a suitor in a cause and
the judgment of the Court on a point of law
becomes necessary, the like subserviency is exhib
ited by him ; but it is not with suitors and
offenders merely that his prejudice and his par
tiality prevail — he extends them to the attorneys
at the bar. He dispenses justice on a system of
favoritism. One or two in every Court of his
district are always listened to with the most
partial attention. If any who does not bask in
the sunshine of his favor happens to be con
cerned on the contrary side, he is not looked at
or listened to when he speaks. All his argu
ments, however forcible., or pertinent to the subject,
are treated as nothing to the purpose. He is inter
rupted by doubtful queries without the slightest
foundation. If he is addressing the jury and his
remarks are likely to take effect on them, he is
stopped as wandering from the evidence, particu
larly if one of the favorites is so uncandid as to
intimate a wish for it. Still consistent with those
aristocratic principles imbibed in his youth, his
favorite attorneys are most commonly his rela
tions, and, fortunately for his permanence in office,

42
these consist of both Federal and anti-Federal
characters. While one drop of that highly-rectified
fluid which flows in the veins of his family connec
tions can be traced, they may boast one of the
attributes of royalty— they never can be wrong.
It is proper that the low-bred attorney, lifted
from among the swinish multitude, should return
to his filth and dirt in order that the high-born
lawyer may live in luxury. Thus, the discerning
suitor soon discovers the most successful counsel
to whom he must commit his cause. He Avhispers
to himself, this judge will not be bribed by money,
I know ; but, what is tantamount, if I employ one
of his favorites I am sure of success. Mean
while, this righteous judge sits Avith looks so
mild, so placid and so gentle that he would not
hurt a fly, so he would not. And yet so deeply-
rooted are his prejudices in favor of wealth and
birth, and so shameless and lost is he to every
sentiment of delicacy on this subject, that he does
all this beyond the ability of any spectator, even
with microscopic assistance, to discern the slightest
crimson on his cheek. Thus are those canker-
worms of justice, bribery and corruption, from
their detestable vermicular state, changed by an
invisible transmutation into the less odious and
apparently less noxious forms of partiality and
prejudice. Should I be told that such a character
is fictitious and nowhere exists, I say it is immaterial

43
to the present purpose whether it be true or fabu
lous. It is sufficient if these Courts, constituted
as they are, admit the existence of such a creature,
especially when, by an amendment, such an exist
ence may be annihilated.
"But where are the Associates all this while,
it may be asked? Mute as alabaster busts on
each side of a clock over a chimney-piece. The
middle machine, it is true, tells the time, but it
may tell it wrong. The silent figures though
moulded into the human face divine, are yet
insensible of its errors. Under the old system
of the County Courts when the Justices of the
Peace were the judges thereof, it has happened,
that diffident and modest men have refused to
qualify under a commission, because thereby they
would be under the necessity of acting as judges
in a court of law. . . . Placed upon a perfect
equality of understanding, they ' had no superior
among themselves on whose judgment they might
repose a greater degree of confidence than their
own. But now the Associates absolutely resign
themselves and their consciences to the entire
disposal of the Chief Justice. He is the Pope
among the Cardinals. His doctrines are infalli
ble. As in the Athanasian creed of the Trinity,
although there are three persons, yet they make
but one Judge. In short, it has always appeared
extraordinary that any man of any delicacy would

44
accept of such such a situation. But this is of
trifling consideration when compared to that of jts
importance to the public." Of this essay it may
be. permitted to one unlearned in the law to say
that, while it does not display the extensive erudi^
tion which was so conspicuous in the one before
mentioned, there are not wanting evidences of the
same kind of wide and accurate knowledge that
justify the claim that has been made for the
author of being a jurist of the first order. But
the chief merit of this essay lay in the practical
nature of its suggestions for a new judicial system
for Maryland which, while they indicated acquaint
ance with the systems of other states and countries,
were really founded upon a clear conception of
the needs of his own State and of the means of
satisfying them.
From the time of the organization of the Amer
ican Colonization Society, and probably before,
Mr. Bozman was an earnest advocate of its plan
for solving the two great problems on Avhich
moralists ancl patriots had painfully labored for
many years, namely, the extirpation of slavery
and the destiny of the negro race in this country.
Of these two problems we, in our own day, by a
most costly and bloody calculus, have solved but
one — we have abolished slavery. The other re
mains as inscrutable as ever. But in the early
part of this century good and wise men thought

45
they had discovered the key to the sociological
enigmas in African colonization. We noAv know
that this was but a phantom, born of the " enthu
siasm of humanity," which has disappeared in the.
broad light of experience. Mr. Bozman, however,
was one of those who believed in its reality ancl
efficiency. In 1820 he wrote an .essay and pub
lished it in the city of Washington, in approval
of the scheme of the society for the transportation
of the whole African race in America to their
original seat.1 There was something exceedingly
captivating iii this scheme to benevolent and
patriotic minds — so much so, that they did not
pause to consider its want of feasibility. While
advocating this project as a practical answer to
most embarrassing ethical and social questions,
and also, perhaps, for the purpose of relieving
himself of the imputation, more dreaded formerly
than the present generation can imagine, of being
an Abolitionist, for which his early training among
the Friends, and his known hostility to slavery on
the grounds of political and economical inex
pediency, seem to have given some foundation,
he took occasion to declare explicitly his belief
'The title of this essay is as follows: An Etsay on the late institution of the
American Society for Colonizing the Free People of Color of the United States.
Washington : Printed by Davis and Force, Pennsylvania Avenue, 1820, pp.
83. The subject was treated of under three heads in as many sections.
Sec. 1. As to the Justice and Rectitude of the Measure. Sec. 2. As to the
Policy and Necessity of the Measure. Sec. 3. As to the Expediency and
Practicability of the Measure.
7

46
in the natural inequality of the races, founded
upon distinctness of origin, his approval of the
policy of retaining the negro in a state of slavery
as long as he should be in contact with the white
man, and his condemnation of any interference
with the relation of master and slave, either by
individual intermeddling or governmental inter
position, as calculated to render the condition of
the negro less tolerable, the conduct of the master
less kindly and considerate, and the general well-
being of society less secure and happy. Clearly
Mr. Bozman, upon this subject, was not materially
in advance of a majority of his fellow-citizens, and
was cherishing illusions which he shared with the
most comprehensive and benevolent minds of the
time, and which, in fact, are not yet wholly dis
pelled, namely, that nothing but evil could result
from freeing the blacks, and that the trans
portation of millions of that race to the shores of
Africa was a practicable scheme. In truth, politi
cal science, of which he was merely a student,
was then only advancing to the position, and
political art, in which he had no experience, was
then only receiving that development they have
since attained, in which justice is regarded as the
only sure basis of public policy and equality of
rights the best security of social order. The
doctrine of the " higher law " of morals as domi
nating statutory provisions or customary regula-

47
tions having the force of law had not then received
such confirmatory arguments as the events of the
last fifty years have afforded, nor had benevolence,
with eyes too suffused with tears for suffering
man, perceived — nor does it yet seem to see — that
the best assistance it can give the weak and unfor
tunate is to afford a fair opportunity for the free
exercise of their own unaided efforts. Slavery
has been abolished without being followed by the
evils prognosticated by Mr. Bozman and by those
deemed wise in their day ; and colonization has
failed, though suggested by the purest morality,
advocated by the best intelligence and sustained
by the most liberal beneficence. It might have
been expected of a man like him, viewing society
from the serene heights . of philosophy, that he
would have been able to have clearer perceptions
than those of his cotemporaries living upon a
lower plane ; but if any excuse be required for
his limited and defective vision, it may be found
in .the fact that he wrote when the moral atmos
phere was filled with the clouds of the Missouri
controversy, and when the benevolent scheme of
colonization Avas too readily welcomed, in default
of a better, as a refuge from the greater political
tempest which that storm but heralded, which he
himself anticipated, and which it has been our
fortune to experience in all its destructive violence
but purifying sequences.

48
Besides these essays, which were printed and
of which copies remain, Mr. Bozman wrote two
others that never saw the light of publicity. One
of these, prepared during the winter preceding
his death, was upon the Law of Treason in the
United States — an obscure and difficult subject con
sidering the duplex nature of our government,
under which States claiming independence form
a confederation claiming paramount allegiance.
Nothing whatever is known of the contents of
this essay, for as Mr. Bozman was doubtful of the
propriety of publishing it, and was desirous of
having criticism upon it after its completion, it
was submitted to some of his learned friends of
the City of Baltimore. He dying soon after, it
remained in the hands of one of them, ancl though
his literary executor, Mr. John Leeds Kerr, made
diligent search for the manuscript, he was unable
to discover the place of its deposit. It may yet
be recovered.1 It has been conjectured that the
reason of its suppression was the expression of
high Federal sentiments and the controversion
of the doctrines of State sovereignty. Who shall
say of what service it might have been in our
late troubles?
The second unpublished essay referred to Avas
upon the Prime Causes leading to the Revolution.
'It is Baid the manuscript was sent to either the Hon. Robert Goodloe
Harper, or to General William IL Winder, friends of Mr. Bozman and
eminent lawyers.

49
It was incomplete at the time of his death, and
was probably abandoned as treating of a dan
gerous subject. One Avho'saw this fragment has
stated that in it the lofty principles which are
commonly attributed to the leaders of that move
ment were questioned, and the influence of per
sonal ambition, the spirit of party and the solicita
tion of self-interest were made conspicuous ; that
while there was nothing but praise for Washing
ton, there were animadversions of great severity
upon Franklin, to whom was denied the posses
sion of good morals, high motive of personal
conduct, disinterested patriotism and even origi
nality in either his writings or his discoveries. If
this be a correct representation, there can be little
doubt that Mr; Bozman remembered the opinions
bf his Tory grandfather, John Leeds, and was
biassed by them in his judgments of the men of
his time; and that he was affected, too, by his
own political views, which were more nearly in
accord with the virtual aristocracy of Washington
than with the essential democracy of Franklin.
If Mr. Bozman had completed this essay, it is
believed he would have thrown light upon an
obscure subject 'in our national history, namely,
the motives and methods of our much-lauded revo
lutionary sires, whom patriotic legend has invested
Avith excellences almost as preternatural as those
of the saints in mediaeval hagiography.

50
Much more has been said of these minor produc
tions of the pen of Mr. Bozman than such libelli
would seem to deserve, for the reason that they
are less known than his greater work, the History
of Maryland, upon Avhich his reputation mainly
depends. This is so familiar that an extended
notice of it would be superfluous. The outward
incidents in the lives of men of letters are, for
the most part, few and of but little importance
compared with those of men of action. Their
biographies are histories rather of thoughts than
of deeds. If they could be written with complete*
ness, to the projection of a great literary work
would be given the importance that is assigned to
the conception of a great policy by the statesman,
and the publication of a great book would be
made to correspond with the winning of a great
battle by a great soldier. In the case before us
it would be interesting to know by what mental
paths Mr. Bozman was led to the undertaking of
the task of writing a history of his native State.
As the history of any country is largely written
in its laws and customs, the student of the pro
fession he adopted almost necessarily becomes a
student of history, and it was thus, in all proba
bility, that he was led by his legal studies and
duties to the determination of collecting and order
ing those occurrences, circumstances or events
which gave origin to the laws he was called

51
upon to interpret and apply. But not only may
the requirements of his vocation have suggested
the study of his State's history, but it furnished
him with excellent preliminary equipment for
such a task. What other preparation he made
aside from his acquaintance with early Maryland
law and by his extensive and varied reading can
only be conjectured. It is not believed that an
examination of colonial papers in public offices or
private hands made any part of his duty or his
pleasure during his residence at the Temple in
London. His work does not betray evidence that
he had access to any sources of information other
than those of printed works and the records of
the Province and State at Annapolis. These were
most industriously searched and laboriously copied.
As early as 1805, as he himself states, he "under
took the task of examining the Provincial records
at Annapolis, with a view of extracting from them
the necessary materials for his design " of com
piling and digesting them into a historical work.
After proceeding as far in the execution of his
purpose as the writing of an Introduction to a
History of Maryland and a single chapter of the
body of the book, embracing the events of three
years only from the date of the settlement in 1634,
he learned that Mr. Kilty, the capable compiler
of the Land Holder's Assistant, was engaged upon
a similar work, and, knowing his superior facilities

52
for its execution, being the Clerk of the Land
Office of the State, he abandoned his scheme and
contented himself with the publication, in 1811,
of the introduction and single chapter. Mr. Kilty
dying while these Avere passing through the press,
Mr. Bozman, after the appearance of his volume,
resumed his interrupted labors, and continued
them with the utmost zeal for some years with a
purpose of continuing his history until the time
when the Province of Maryland became an inde
pendent State and member of the great Confedera
tion ; but, unfortunately, rapidly declining health
prevented the full accomplishment of this purpose,
and he was compelled to limit his task by con-.
tinuing his account to a date no later than 1660 —
the epoch of the restoration of the royal authority:
in England and the colonies — so that, to our incal
culable loss, we have a history of Maryland from
his pen for only twenty-six to thirty years. After
the death of the historian in 1823, his manuscript
was found in such a state of completeness that
his executor and nephew, the Hon. John Leeds
Kerr, was enabled to offer it, without revision or
emendation, to the General Assembly of the State
for publication at the public expense. This gene
rous act was performed by him in 1834 in a
graceful letter to the Speaker of the House of
Delegates, and the proffer was coupled with no
other conditions than that the work should be

53
printed within two years and in a style Avorthy
of its merit, creditable- to the State and with due
regard to correctness. With a promptness indi
cative of an appreciation of the value of the book,
the donation was accepted by the Legislature, and
the Governor and Council were authorized and
required to contract for the printing and publish
ing of five hundred copies. Accordingly, in 1837,
it made its appearance in two volumes, with such
corrections and additions as Mr. Bozman had made
to the original Introduction since its first issue in
1811, and with such editorial supervision by Mr.
Kerr as was necessary to secure accuracy of typo
graphical execution.1 Thus it was that Maryland,
raising no useless cenotaph of perishable stone or
bronze to one who had erected his own enduring
monument, honored herself and him Avhen she thus
laureated the work of her first historian.
There is no purpose to enter here into any
extended criticism of this most important contri
bution to the history of this Province. It was
the first serious attempt of its kind, and as such
is entitled to consideration ; but its precedence is
not one of time only but of rank also, for it must
be conceded that no other equals it in those quali
ties which distinguish true history from mere chro-
'The book bore this title: " The History of Maryland, from its first settle
ment iii 1633 to the Restoration in 1660, with a copious Introduction and Notes
and lUustralions, by John Leeds Bozman. 2 vols. 8vo. Baltimore, James
Lucas, and E. K. Deaver, 1837.
8

54

nological or topical narration ; the clear percep
tion and statement of the true catenation of eArents ;
the interpretation of their significance, both in
their antecedents and consequents ; the compre
hension of the factors of social change or evolu
tion ; the insight into the motives and characters
of men — in short, the broad but perspicuous treat
ment of Avhatsoever subject, principal or ancillary,
that is presented for contemplation. Its value is
recognized by every student on account of the
extent and depth of its researches, the accuracy
and fulness of its statements, and for the pro
fundity or acuteness of its philosophical and polit
ical reflections. It is appealed to as an authority,
Avhich few venture to impeach, for all matters
relating to the early exploration of the Chesapeake
and its tributaries, and to the location and con
dition of the Indian tribes settled along their
shores ; for all the circumstances leading to and
attending the plantation of Maryland by the
Calverts ; for the transactions of the palatinate
government instituted by the Lord Proprietary
and of that set up under the protection of the
Commonwealth of England ; for those occurrences
which were either important in themselves or
were illustrative of the religion, the politics, the
industry, the manners and customs of the Province.
In it the author has most industriously collected,
judiciously estimated and clearly presented his

55
materials, and Avhatever may be or may have
been accomplished by the labors of subsequent
historians in the same fields, it will be confessed
that Mr. Bozman has gathered the sheaf if he has
not gleaned all the scattered straws of our early
provincial annals. His style is lucid, full of dig
nity, Avithout inflation or useless ornamentation.
But the History of Mr. Bozman is not entitled
to unqualified praise, excellent as it is ; for while
it is a mine from which later writers have drawn
their ore of valuable facts, it is one from which
they have inhaled the vapors of erroneous opinion.
Accurate as were his statements, his judgments
are not always to be approved. He takes no pains
to conceal his antipathies to the Puritans, both in
England and America, and the conduct of those
of them who made Virginia and Maryland their
home, and who acted so conspicuous a part in
those provinces during a portion of the period of
which he writes, received his severe reprobation.
The intolerance of religious dissent, the austerity
of morals, the sternness of civil and domestic disci
pline, the harshness of manners, the acerbity of
disposition that have been attributed to these
people in Old and New England were either
greatly exaggerated or they were greatly modi
fied by the favoring circumstances of their neAV
home in these southern provinces ; for the severe
traits of Puritan character never impressed them-

56
selves strongly or permanently upon those of their
persuasion who were settled along the Chesapeake,
and their political dominancy, which was brief and
passed away with the Commonwealth and the
restoration of monarchy, left scarcely a trace behind
upon the social structure. Much more has been
made of their alleged misrule in Maryland, and
particularly of their intolerance of religious dissent,
than can be justified by historic facts, and though
Mr. Bozman is not the most severe of their
censors, he, of our State historians, is most largely
responsible, because of his high character, for the
perpetuation of injurious ascriptions. He cannot
escape the imputation of that illiberality which he
severely condemns in others, ancl he has not the
apology for this, if, indeed, it be an apology, of
religious zealotry.
Again, his injustice to Claiborne, who held at
one time a Puritan commission, may possibly be
traced as much to his prejudices against those
sectaries as to a conviction of the illegality of his
pretensions and the factious nature of his proceed
ings. Of his presentation of the case of the " evil
genius " of the colony, as he has been called, there
has been of late years ample criticism to show that
his estimate of this much-injured man's motives
and actions is not defensible, and was more largely
affected by prejudices than might have been ex.
pected of one whose ideal of the true historian is
he who, with " steady temper,"

57

" Can look on guilt, rebellion, fraud and Caesar,
In the calm lights of mild philosophy."
Nor is the History without its defects as a work
of literary art. .The most obvious of these and the
only one that shall be mentioned is the intro
duction of much matter of slight relevancy to the
narrative, which, however interesting and valua
ble, has given it a great prolixity. This is most
conspicuous in his notes. One is tempted to
believe that his book was written as much to
furnish the author Avith an occasion to use his
large stores of learning and an opportunity to
express his opinions or expose his speculations
upon a great variety of subjects as to furnish the
student of Maryland history with a clear and
connected recital of events occurring within the
period of which he treats, their causes, their con
sequences and their relations. The great scope
which he was giving to his work may have been
one cause of its abandonment, for there must have
come to him a sense of the disproportion between
his subject and his method of its treatment. He
must have seen that he was making a statue that
was colossal — gigantesque — of a diminutive per
sonage. But after criticism has exhausted itself
in the detection of defects, both of design and
execution, it. will at last confess that the work of
Mr. Bozman, as far as completed, is the most

58
successful attempt yet made to give an imperish
able presentment of Maryland history.
As evidence of the estimate in which Mr.
Bozman was held by literary and scientific men,
it may be mentioned that in December, 1811, he
was elected a member of the New York Historical
Society, and in February, 1819, a Counsellor of
the American Antiquarian Society ' of Worcester,
Massachusetts — an honor repeated for several suc
cessive years. Nor was his reputation confined
to his own country, some knowledge of him as a
man of science and letters having reached the
Scandinavian savans, for in 1840, - long after his
death, the diploma of membership in the Boyal
Society of Northern Antiquities of Copenliagen was
forwarded to him as if still living. It is probable
he was a fellow of other like bodies ; but of this
evidence is not at hand and hardly worth the
seeking. Enough is known to show that he was
regarded as " learned among learned men."
Passing now from a consideration of the literary
life of Mr. Bozman to that which is more intimate
or personal, it may be noted that, receiving his
earliest religious impressions from his Quaker
mother, he retained a respect for the Society of
which she was a. member that was born rather of
filial affection than of approval of its doctrines and
practices ; but subsequent association and educa
tion essentially modified those impressions. He

59
really grew up under training that led him to a
strict observance of the prescribed forms, if not
to the acceptance of the stated doctrines of the
Church of England as established in Maryland
and of the Protestant Episcopal Church in Amer
ica. His regular attendance upon religious ser
vices may have been given in compliance Avith
genteel or useful custom rather than in satisfac
tion of a devout feeling or pious obligation ; and
the cordial relations he maintained with some of
the clergy may have been a mere indulgence of the
social instinct and not a spiritual communion.
Some views of his, often privately expressed and
then published in his Essay on Colonization, upon
the distinct origin of the races of men, that were not
in harmony with the orthodox teaching of the time,
possibly gave rise to the opinion which prevailed
of his being sceptical upon more than one point
of Christian belief; but it is so common to
attribute this to anyone avIio shows independence
of thought upon such matters as theology claims
to have determined once and for all, that the
imputation against Mr. Bozman may be dismissed
as unfounded.1 He had been too voracious a
reader to allow the works of the Deists of the
last century to escape his perusal and the yet
more damaging books of the apologists of the
•Nevertheless, there are passages in his History that are difficult of
reconciliation with a belief in certain accepted Christian dogmas.

60

same period. If these affected his opinions upon
certain fundamental questions of faith, he felt no
obligation to be the propagandist of unbelief, and
therefore he cast none of his doubts before others
to be stumbling-blocks to those who painfully but
hopefully climb " the world's great altar stairs
That slope through darkness up to God."
Reference has already been made to Mr. Bozman's
prejudices against Puritanism. These were ex
tended to Methodism, the legitimate successor of
that form of religion, which began to be taught
and professed in his own county about the time
when he became capable of independent thought.
The extravagances that attended its early preach
ing were condemned by him as savoring of
fanaticism, ancl its fundamental doctrine of "justi
fication by faith " was pronounced by him to be
as pernicious to good morals as the practice of the
Church of Rome of granting indulgences.1 His
attitude towards the Roman Catholics was one of
great liberality — apologetic in cases of evident
error and commendatory where praise could pos-
lln a note contained in the first volume of his History of Maryland he
said : " It must be acknowledged by those who suffer themselves to reason
on such subjects, that the unbounded confidence which is taught by modern
fanatics to be placed in the efficacy of faith, in preference to good works, in
obtaining salvation, has much the same pernicious effect on the moral con
duct of human society as the actual granting of indulgences by the supreme
pontiff of Rome." Page 289.

61
sibly be bestowed, but he refused to accord to
them the credit of establishing religious toleration
in the infant province.
In politics Mr. Bozman was a Federalist of the
school of Washington, Hamilton, and the elder
Adams, and there is ground for believing there
remained in his blood a taint of the Toryism of
his grandfather, John Leeds. The administration
of Washington needed no support from him ; but
that of Adams, under which parties began to be
alligned, was ably defended by his pen, while the
democracy of Jefferson was the object of his
alternate vituperation and ridicule. He witnessed
with no composure the spread of sentiments ema
nating from this great statesman and tribune
which he deemed levelling and libertine; for he
Avas so thoroughly indoctrinated with the belief
that the people could be governed only by their
superiors in wealth, morals and intelligence, that
he was incapable of seeing how much of political
wisdom there generally is in the popular in
stincts, and how little there often is in the
reasoned conclusions of the patrician statesman or
the cloistered scholar. He never outlived the ter
rors of French Jacobinism, to Avhich he likened
the radicalism of the American Democracy ; but
he lived long enough to see the high Federalism
which he avowed discredited and become even a
reproach. In the earlier part of his life, judging
9

62
from his frequent contributions to the newspapers
of an intense partisan tone, and his attendance
upon political meetings, the proceedings of which
were characterized by a vehement support of
Federal measures that had provoked violent oppo
sition, he was deeply interested in politics. In
September, 1794, he gave notice through the
public press, in accordance with the custom of
the time, that he proposed to stand as a candi
date for a seat in the Lower House of Assembly ;
but if he did stand and receive the votes of the
Federal electors he was beaten in the contest, for
the Republicans, or Democrats as they were sub
sequently called, were triumphant. Whether dis
gusted with the methods employed to effect his
defeat or discouraged by its accomplishment —
whether from a repugnance to the defilement of
political contests or from a consciousness that his
manners and opinions were not such as to win
for him the popular voice, he never again de
scended to- the arena, though he long remained
an inactive, but not indifferent, spectator of the
party combats. He never held but one office, ancl
that not an elective one, having been appointed
by his friend, the Hon. Luther Martin, to be the
Deputy Attorney-General for Talbot and Caro
line Counties. It is hardly necessary to say that
he was an earnest advocate of public education,
and particularly of higher education. It is doubt-

63
ful whether his vieAvs of the true and proper
functions of government were such as to lead
him to assume the advanced ground noAv held by
statesmen — that all the children of the com
munity shall be educated at the common charge ;
for this has been attained, only of later years,
and approach to it has been made by the way of
government appropriation to the schools of a
superior grade. It is a modern idea that it is
of more importance to the common weal that the
whole body of the people should have, at least,
the elements of learning, than that there should
be a small well-educated class from Avhich the
guides and governors should be draAvn. The
Easton Academy, founded in 1796 in his own
county, therefore, was a school for whose success
he manifested a solicitous interest. It was largely
through his agency that this institution escaped
shipwreck at the very beginning of its voyage,
through a partisan and sectarian attempt to place
an incompetent teacher at its helm, to the exclu
sion of the Rev. John Bowie, whose Church of
England connection and whose Tory or non-juring
sentiments Mr. Bozman declared ought to be no
impediment to his induction as Principal of the
Academy, ancl whose excellent accomplishments
as a teacher, and pure character, albeit he Avas
called the " fighting parson," would secure its
success ancl permanency.

64
Beyond what relates to his professional and
literary labors, little is known of Mr. Bozman.
His life was even less diversified with incidents
worthy of mention than the lives of most men of
letters. After his retirement from the bar it was
one of almost complete seclusion and learned
leisure. His home at Belleville, to which from
the town of Easton he removed in 1795, and then
named by himself, consisting of a long range of
Ioav cottage-built structures, erected as ability
allowed or necessity required, without architec
tural pretensions, but comfortable and convenient,
upon a large plantation of several hundred acres,
was shut in on one side by water ancl on the other
by an expanse of primitive forest. Here,
" Studious of ease and fond of humble things,"
he lived a simple, unostentatious life, attended
only by his servants, going seldom abroad, and
receiving no company but an occasional visiting
kinsman. Tempted as he often was by the
rewards that awaited him from an examination
of the records and papers in public offices and
private hands in England bearing upon his His
tory, ancl by the pleasures of foreign travel —
perhaps the most delightful of all that life affords
to minds endoAved as his — he never crossed the
ocean after his return from pursuing his legal
studies in London. Protracted sojourns at Anna-

65
polis while delving among the archives of Mary
land, and short visits to Baltimore ancl Phila
delphia, made the round of his journey ings from
home. If he possessed social inclinations, they
could hardly have been indulged in a narrow
and retired neighborhood, where the number of
refined and intelligent people was so small and
communication Avas attended Avith so much em
barrassment. But his personal traits were those
of a student rather than those of a man of affairs
or of society. He was exceedingly reserved and
taciturn. lie had an air of hauteur common with
those Avhose communion is with the best minds
of the ages, ancl who are impatient with the ignor
ance, the frivolity, and vulgarity of ordinary men.
Besides, he was born in a community Avhere, by
reason of its remoteness and seclusion, many of
the feelings and habits that characterized the two
marked orders of old provincial days — the gentry
and the commonalty — had survived the social
cataclysm of the Revolution. He himself one of
the Eupatridse, the son of parents who for gen
erations had been accustomed to receive, as by
right, the deferential respect of those who Avere
willing to be considered their inferiors, from
them had inherited somewhat of the pride ancl
exclusiveness of his class. It is, therefore, not
surprising that he was regarded by people with
Avhom he had no association, because he had little

66
in common with them, as an aristocrat — a char
acter that, in the early part of this century,
acquired an opprobrium derived from French
political sources through the great leader of
American democracy. Ancl yet it is known that
no one had a more hearty contempt for that
bastard aristocracy of Avhich he saw so much in
his native county ancl among his OAvn acquaint
ances and neighbors, which,
" folded in
The ragged purple of its ancestors,"
aped a dignity which it could not sustain ancl
claimed a merit Avhich it could not prove. Never
having married, he was deprived of the pleasing
companionship of wife ancl children — to none
more necessary than to the man of books. In
his library and his pen he found the best com
pensation for freedom of intercourse with men
of congenial tastes and for the endearments of
wedded life.1 Perhaps, too, he felt that in leaving
" something so written to after times as that they
should not willingly let it die," he was securing,
through this progeny of his brain, that perpe
tuity of existence which other men seek through
children of their blood. But if it can be said
1 Family tradition, rarely prosaic, must have a touch of the romantic or
Bentimental; so it relates that he had a serious affaire de cozur with a fair
kinswoman — Miss Bacon — who, rejecting him, married a rich AVelshman
interested in mines.

67
that he indulged in any of the parental affec
tions, these were bestowed upon nephews and
nieces, and particularly upon Mr. John Leeds
Kerr, his principal heir and literary executor.
Injustice may easily be done to one of whose in
timate life so little is certainly known ; but it
may be said with reserve that there are tradi
tions of his being of a melancholy disposition,
sensitive and irascible, but not morose, misan
thropical or unappeasable. His treatment of his
dependants was uniformly kind and indulgent.
Indeed, such was his leniency towards his slaves
that at one time he was suspected by such of his
neighbors as were unable or unwilling to imitate
his mildness and humanity, of favoring the views
of the Emancipationists, who were a numerous
and increasing body in his own county until
slavery became a political question; and this sus
picion was not effaced until he had published his
essay on African colonization, before mentioned.
In all its relations his life was so ordered that
morality suffered no offence, though a scrupu
lous austerity of manners was not observed. His
amusements, aside from those afforded by his
literary work and the care of a large landed
estate, were simple and such as a solitary man
in his hours of weariness of mind might easily
secure and enjoy. It is not likely that his fond
ness for flowers, before noticed, was that of the

68

botanist — limited to their structure and their clas
sification, but extended to their ministry to the
sensibilities. His propensity to poetry, — to in
dulge in " thoughts that voluntary move
Harmonious numbers " —
was closely allied to his love of music, which he
gratified by exercises upon the violin, for which
many scores, copied with much pains with his
own hand, were found among his papers. Phy
sically, Mr. Bozman was in stature a little below
the medium height, without being diminutive in
appearance, and he was spare in flesh, without
being meagre. His complexion was dark and
healthy, though not ruddy. His eyes, the most
expressive and characteristic feature of his face,
Avere very prominent, or, as one may say, staring.
His other features were sharply-cut and sug
gested refinement. His whole look and carriage
was that of great independence, which some called
pride, perhaps not unjustly. No portrait of him
or other visible representation exists, and the re
collections of persons still living, who had often
seen him in their youth, are so dim as to forbid
their giving a description of his person that they
would regard as trustworthy.1
1 What has here been said of Mr. Bozman's habits and appearance, though
not to be wholly depended upon, was derived from aged persons, some of
whom, now dead, knew him personally, and others, yet living, who saw
him frequently in the streets of Easton.

69
For some years previous to his death Mr.
Bozman's health was poor, which interrupted, to
our great loss, his literary labors. He died on
Sunday, the 20th of April, 1823, and was buried
with his ancestors at Belleville — an estate Avhich,
notwithstanding his testamentary injunction to his
principal heir to hold it intact as the best security
for the perpetuation of his family, is no longer
possessed by any of his blood. There his remains
still lie in an undistinguished grave, unmarked
by any monumental stone, and yet he is more
sure of lasting memory in the minds of the citi
zens of that commonwealth whose earliest daAvn
he has so admirably portrayed than if over his
dust there rose a stately obelisk with epitaph
inscribed that should couple his name with
praise.1

'The following is a part of an obituary notice of Mr. Bozman published
in the Easton Oazette of April 26th, 1823 : " A man highly respected in the
society in which he lived, distinguished for his learning among learned
men, a gentleman of urbane manners and refined sentiments. He was pro
foundly versed in the science of the law, and his mind was richly adorned
and copiously stored with classical and miscellaneous literature. He will
be handed down to future times as the first who successfully undertook to
write a history of Maryland, and the world will long regret that he did not
live to complete his excellent and important work."
10

PRESIDENT LINCOLN

AND THE

CHICAGO MEMORIAL ON EMANCIPATION,

A Paper read before the Maryland Historical Society,
December 12th, 1887,
BY
REV. W. W. PATTON, D. D., LL. D.,
President or Howard University.
$alittnoT0, 1888.

PRESIDENT LINCOLN

CHICAGO MEMORIAL

EMANCIPATION.

cy

Sfund 9Pub(ica{ioTi, ISlo. 2T.

PIILSIDLNT LINCOLN

CHICAGO MEMORIAL ON EMANCIPATION,

A Paper read before (lie Maryland Historical Society,
December 12th, 188"?,
BY
REV. W. W. PATTON, D. D., LL. D.,
President or Howard University.

JBnlliiiiorr. 1888.

PEABODY PUBLICATION FUND.
Committee on Publication.
1887-88.
HENUY STOCKRRIOGE,
JOHN VV. M. LEE,
BRADLEY T. JOHNSON.

Printed uv John M u it r ii r k Co.
Pkintkhs to tub Maryland IIistoricai. Sooiktv.
Baltimokk, 1S88.

PRESIDENT LINCOLN

AND THE

Chicago Memorial on Emancipation.

THE great civil war which, for four years,
threatened the destruction of the American
Union, Avas preceded by a movement more
radical and important than the political struggle
between the Northern and Southern States, over
the question, Avhether Freedom should be national
and Slavery sectional, or Slavery national and
Freedom sectional. The debates upon the com
promises of the Constitution and upon the com
parative profit of free and slave labor were
secondary to the discussion of the moral issue,
as to the rightfulness of slave-holding. That
discussion commenced shortly after the war of
the Revolution. It was entered into largely by
the Congregational ministers of New England,
and the Presbyterian ministers in the other
States, and culminated in the emphatic anti-

6
slavery action, unanimously taken, in 1818, by
the General Assembly of the Presbyterian Church,
pronouncing slavery " a gross violation of the
most precious and sacred rights of human nature,
utterly inconsistent Avith the law of God, which
requires us to love our neighbor as ourselves,
and totally irreconcilable with the spirit and
principles of the gospel of Christ, which enjoin
that all things whatsoever ye Avould that men
should do to you, do ye even so to them."
But this contemplated gradual emancipation. A
new agitation began, about ten years later, under
the lead of William Lloyd Garrison, based on
the doctrine of immediate emancipation, as the
duty of the master and the right of the slave.
Soon passing beyond the control of this leader,
to his manifest regret and unceasing complaint
as to ideas and methods, it largely affected the
sentiment of all the Protestant denominations at
the North, with the comparative exception of the
Episcopal Church ; in some cases resulting in
ecclesiastical divisions, and diffusing a Avidespread
interest in the problem of American Slavery.
The Southern States and the mere politicians of
the North -never understood the breadth and
depth of this religious conviction, Avhich brought
up the subject persistently in ecclesiastical bodies,
made it the theme of pulpit discourses, discussed
it in the religious newspapers, and gave it a

continual place in public and private prayer.
But this conviction explains why it was that,
in the course of years, the great mass of the
Protestant church-members at the North were
gathered into the ranks of the Republican party.
We are prepared, by this glance at the moral
and Christian aspect of the conflict, to understand
what must have been the feelings and expecta
tions of a large part of the religious community
at the North, when, in the interest of slavery,
the South madly seceded from the Federal Union,
and essayed to destroy the Avork of the Revolu
tionary Fathers. They could not but believe that
the hour of destiny had struck; that the thunder
of the rebel guns against Sumter was the death-
knell of slavery; that the answer to their fervent
prayers had at last come ; not, indeed, as they
had hoped, through the peaceful agency of reli
gion and politics, but, as they had feared,
through the retributive agency of bloody war.
They saw that, by invoking Avar in defence of
their cherished institution, the slave-holders had
also bared its breast to the sword ; that national
emancipation, impossible under the Constitution,
in time of peace, as an act of legislation, might
become feasible, under the Avar power, as an act
of military necessity. It Avas Avith intense inter
est, therefore, that they Avatchcd tlie progress of
the conflict, during the first year of its history,

8
to see Avhat relation it would bear to slavery;
and it was with disappointment and sorrow that
they saw, on the part of the civil and of the
military authorities, a manifest disposition to
evade responsibility, and to ignore the whole
question of emancipation. There Avas, for some
time, an unwillingness even to receive and pro
tect the fugitives from slavery, fleeing from rebel
masters, who came within our lines ; and it
required the legal ingenuity of General Benjamin
F. Butler, to improvise an addition to the laws
of war, and to apply the word "contraband" to
their case, before a common sense policy could
be agreed upon. And Avhen tens of thousands
of such "contrabands" had accumulated on our
hands, the authorities still refused to arm, drill
and use them as soldiers! As to a proclamation
of general emancipation, political conservatism
hardly knew words strong enough for its con
demnation. General Fremont had indeed, on
August 31st, 1861, declared free the slaves of
rebel slave-holders in the State of Missouri; but
this was at once overruled by President Lincoln,
as exceeding the power of a departmental com
mander ; as later he overruled the similar proc
lamation of General J. W. Phelps, in Louisiana,
dated December 4, 1861, and that of General
David Hunter, at Hilton Head, S. C, dated
May 9, 1862.

9
The summer of 1862 had passed, with no
indication, after seventeen months of war, that
the power of the rebellion was likely to be
broken. Occasional successes led to small per
manent gain, and were always succeeded by fail
ures and reverses, Avhile the probability of a
European recognition of the Confederate Govern
ment became daily greater.
In these circumstances, the writer of this arti
cle, then a resident of the city of Chicago, 111.,
determined to bring to bear on the President of
the United States a heavy pressure from the
Christian sentiment of his own state of Illinois.
He had just returned from a visit of several
weeks at the East, where he had found among
the religious supporters of the Avar the deepest
anxiety on this subject; and as no one else
seemed to move, to give public expression to
this feeling, he essayed the task. He drew up a
call for a public meeting of Christian people in
Chicago, to adopt a memorial to President Lin
coln in favor of a proclamation of emancipa
tion; ancl Rev. Joseph Roy, D. D., agreed to
circulate it for signature among a limited number
of prominent Christian citizens, clergymen and
laymen. It received the signatures of leading
laymen of the various denominations, and of all
the Congregational, and nearly all the Baptist
and Methodist clergymen of the city, but, because

10

of prudential considerations, of no Presbyterian
clergyman. The Presbyterian clergymen consid
ered the matter in their weekly ministers' meet
ing, and voted not to sign the call ; such was
the strength of conservatism in that circle. But
many of their influential laymen readily affixed
their names. While the call was circulating, the
Avriter of this narrative, at the request of those
who were principally interested, prepared a form
of memorial for adoption. This Avas considered
in a preliminary meeting, and by a subsequent
committee, which slightly abridged it, and added
for presentation to the final meeting, a series of
resolutions, drawn up by Rev. William Everts,
D. D., of the Baptist denomination. Everything
being in readiness, an immense assembly gath
ered in Bryan Hall, the largest auditorium in
the city, on the evening of Sunday, September
7th, 1862, multitudes being unable to gain admis
sion. The Memorial was read, and was adopted
by an enthusiastic, unanimous, rising vote. Ad
dresses were made by Rev. Drs. Eddy (Metho
dist) ancl Everts (Baptist), and by Judges Wilson,
and Otis, and other laymen, ancl the appended
resolutions were also unanimously passed. A
committee of three was appointed to present the
Memorial to the President, consisting of the
writer, as Chairman, the Rev. John Dempster,
D. D., and Hon. Charles Walker. The latter
was, however, unable to act. The two other

11

members of the delegation reached Washington,
D. C, on Thursday morning, September 11th,
1862, but were unable to arrange for an inter -
vieAV with President Lincoln until Saturday fore
noon, the 13th instant, when they were introduced
by Hon. Gideon Welles, Secretary of the Navy,
who was in full accord with their object. The
President received them in a calm, but affable
manner, and motioned them to seats near the
end of his writing desk, behind which was the
armchair which he occupied during the interview.
The chairman of the delegation read aloud the
Memorial, to which Mr. Lincoln gave fixed atten
tion, ancl presented also a memorial of similar
import, drawn up in German and in English,
Avhich had been entrusted to them by some of
the German citizens of Chicago. The Memorial
was as folloAvs : MEMORIAL or THE
PUBLIC MEETING
OF THE
CHRISTIAN MEN OF CHICAGO.

To His Excellency, Abraham Lincoln,
President of the United States:
Your memorialists of all Christian denominations in the city
of Chicago, assembled in solemn meeting to consider the moral
aspects of the war now waging, would utter their deepest convic-

12
tions as to the present relation of our country and its rulers to
the government and providence of Almighty God; and would
respectfully ask a hearing for the principles and facts deemed
fundamental to a right judgment of this appalling crisis. And
to this we are encouraged by the frequency with which, on various
public occasions, you have officially recognized the dependence of
the country and its chief magistrate upon the Divine favor.
We claim, then, that the war is a Divine retribution upon our
land for its manifold sins, and especially for the crime of oppres
sion, against which the denunciations of God's Word are so
numerous and pointed.
The American nation, in this its judgment-hour, must acknowl
edge that the cry of the slave, unheeded by man, has been heard
by God and answered in this terrible visitation. The time has at
length come of which Jefferson solemnly warned his countrymen,
as he declared that the slaves of America were enduring " a bond
age, one hour of which is fraught with more misery than ages of
that which occasioned the war of the Revolution," and added,
" When the measure of their tears shall be fuU, when their tears
shall have involved heaven itself in .darkness, doubtless a God of
justice will awaken to their distress, by diffusing a light and
liberality among their oppressors, or at length by his extermi
nating thunder, manifest his attention to things of this world, and
that they are not left to blind fatality."
The slave oligarchy has organized the most unnatural, perfidious,
and formidable rebellion known to history. It has professedly
established an independent government on the avowed basis of
slavery, admitting that the Federal Union was constituted to
conserve and promote liberty. All but four of the slave states
have seceded from the Union, and those four (with the exception
of Delaware, in which slavery but nominally exists) have been
kept in subjection only by overwhelming military force. Can we
doubt that this is a Divine retribution for national sin, in which
our crime has justly shaped our punishment?'

13
Proceeding upon this belief, which recent events have made it
almost atheism to deny, your memorialists avow their solemn
conviction, deepening every hour, that there can be no deliver
ance from Divine judgments till slavery ceases in the land. We
cannot expect God to save a nation that clings to its sin. This
is too fearful an hour to insult God, or to deceive ourselves.
National existence is in peril : our sons and brothers are falling
by tens of thousands on the battle-field : the war becomes daily
more determined and destructive. While we speak, the enemy
thunders at the gates of the capital. Our acknowledged superi
ority of resources has thus far availed little or nothing in the
conflict. As Christian patriots we dare not conceal the truth,
that these judgments mean what the divine judgments meant in
Egypt. They are God's stern command — "Let my people go!"
This work of national repentance has been inaugurated by the
abolition of slavery in tlie District of Columbia, and its prohibi
tion in the territories, as also by encouragement to emancipation
in the border slave states, offered by Congress at the suggestion
of the President.
But these measures do not meet the crisis as regards either the
danger of the country or the national guilt. We urge you, there
fore, as the head of this Christian nation, from considerations of
moral principle, and, as the only means of preserving the Union,
to proclaim, without delay, National Emancipation.
However void of authority in this respect you might have been
in time of peace, you are well aware, as a statesman, that tlie
exigencies of war are the only limits of its powers, especially in a
war to preserve the very life of tlie nation. And these exigencies
are not to be restricted to what may avail at the last gasp prior
to national death, but are to be interpreted to include all measures
that may most readily and thoroughly subdue the enemy. The
rebels have brought slavery under your control by their desperate
attack upon the life of the republic. They have created a moral,
political, and military necessity, which warrants the deed, and now
3

14
God and a waiting world demand that the opportunity be used.
And surely the fact that they have placed in our power a system
which, while it exposes them, is itself the grossest wickedness, adds
infinitely to the obligation to strike the blow.
In this view of a change of power involving an equal change in
duty, we will not conceal the fact that gloom has filled our hearts
at every indication that the war was regarded as simply an issue
between the federal authorities and the rebel states; and that
therefore slavery was to be touched only to the extent that the
pressure of rebel success might absolutely necessitate. Have we
not reason to expect rebel success on that policy? Are we to
omit from our calculations the necessary conditions of' Divine
favor? Has tlie fact no moral force, that the war has suddenly
placed witiiin the power of the President, the system that has
provoked God's wrath ? Is there not danger that while we are
waiting till the last terrible exigency shall force us to liberate the
slave, God may decide the contest against us, and tlie measure
that we should adopt on principle, prove too late for our salva
tion ? We claim that justice, here as everywhere, is the highest
expediency. At the time of the national peril of the Jews, under Ahasuerus,
Mordecai spoke in their name to Queen Esther, who hesitated to
take tlie step necessary to their preservation, in these solemn
words: "Think not with thyself that thou shalt escape in the
king's house, more than all the Jews. For if thou altogether
boldest thy peace at this time, then shall there enlargement and
deliverance arise to the Jews from another place; but thou and
thy father's house shall be destroyed ; and who knoweth whether
thou art come to the kingdom for such a time as this ? " And
your memorialists believe that in Divine Providence you have
been called to the Presidency to speak the word of justice and
authority which shall free the bondman and save the nation.
Our prayer to God is, that by such an act the name of Abraham
Lincoln may go down to posterity with that of George Wash
ington, as the second savior of our country.

15

RESOLUTIONS.
Resolved, That universal emancipation seems pointed out by
Providence as the most effectual, if not the only means of saving
our country.
That in the appalling loss of blood and treasure, and repeated
reverses to our arms, pressing the nation to the verge of destruc
tion should be heard the voice that sounded above the wail of
desolated Egypt — " Let my people go."
That universal emancipation as a mere act of political justice
would be without a parallel in the annals of the world.
That it would be the abandonment of a wrong long perpetuated
against the oppressed race, to the contravention of impartial
liberty, the reproach of free institutions, and the dishonor of our
country. That it would be a consummation of the expectations of the
founders of the republic, who, deploring while tolerating slavey
anticipated its early disappearance from the continent.
That it would accord with tlie world's convictions of justice,
and the higher teachings of Christianity.
That we should not expect national deliverance till we rise at
least to the moral judgment of Jefferson who, in view of slavery,
exclaimed : "I tremble for my country when I reflect that God is
just; that his justice cannot sleep forever ; that considering num
bers, nature, and natural means only, a revolution of the wheel of
fortune, an exchange of situation, is among possible events, that
it may become probable by supernatural interference! The
Almighty has no attribute which can take side with us in such a
contest." That all assumed right to slavery under the Constitution is
forfeited by open and persistent rebellion ; and therefore, emanci
pation, to preserve the republic, would only vindicate the honor
of the Constitution.

16
That as slavery is a principal reliance of the rebellion, conserv
ing its property, tilling its plantations, feeding and clothing its
armies, freeing the slaves would take away its support, recall
its armies from the field, demoralize its conspiracy, and organize
in its midst a power for its overthrow.
That putting down this rebellion is as obvious a Christian duty
as prayer, preaching, charity to the poor, or missions to the
heathen. That the postponement of emancipation jeopards countless
treasure, the best blood and the existence of the nation.
That no evils apprehended from emancipation are comparable
to those that would arise from the overthrow of the republic, and
they would fall upon those madly provoking the catastrophe.
That as the perpetuation and extension of slavery was a
primary aim of this rebellion, its overthrow would seem a fitting
and signal retribution upon its authors — like hanging Ha^a11
upon the gallows he erected for Mordecai.
That it were better for this generation to perish than that the
American Union should be dissolved : and it is a delusion that
those disloyal and belligerent under the Constitution and tradi
tions of their fathers, would become peaceable citizens, observant
pf treaties and oaths in rival states.
(Signed) L. B. Otis, Chairman.
E. W. Blatchford, Secretary.
After reading the Memorial, the Chairman
added a few words, to express the deep interest
which had been felt in the President by Chris
tian people from the clay of his election to that
hour, as manifested in their continual prayer in
his behalf; and to explain the pressure of con
viction ancl feeling which had led to the prepa-

17
ration and presentation of this document. He
disclaimed all purpose in the delegation, or in
those whom they represented, to dictate to the
chief magistrate, who had his own responsibility
to God, to the nation, and to the world: they
wished to aid ancl encourage him, rather, in the
performance of his difficult duties. He alluded
to the rebel invasion of Maryland and the
approaching battle (fought a few days after, at
Antietam) and said, that the time of presenting
the Memorial might seem inauspicious, in view of
recent disasters, which had brought the national
authority within narrower limits in the slave
States. But it was difficult, for those who
believed in a just Providence, to avoid the fear,
that our reverses might be made needful by
neglect to learn the moral lessons of the Avar,
and to manifest a due repentance for the national
sin of oppression. The President, must see that,
if military success was thought to render eman
cipation unnecessary, and defeat to make it un
availing, duty would become an idle word, and
God's providence unmeaning.
After a moment's silence, the President made
grave and careful answer, which is given accu
rately, and often in his exact words, as they fell
upon ears eagerly attent, and were soon after
reduced to writing. He spoke quite deliberately,
with well chosen language, in an earnest ancl

18

solemn manner, as one impressed Avith theweight
of the theme, yet often uttering a characteristi
cally shreAvd remark, ancl letting fall a half-
humorous observation. The conversation ran
thus :
Mr. Lincoln. — " The subject presented in the
Memorial is not a new one. It has been upon
my mind for many weeks, I may even say, for
many months. But those who offer me sugges
tions do not agree among themselves ; not even
the religious men. I am approached with the
most opposite opinions ancl advice, by those who
seem equally certain that they represent the
divine will. One or the other class must be
mistaken in that belief, and perhaps, in some
respects, they both are mistaken."
The Delegation. — "We admit, Avith sadness,
the difference of view at the North, on this
subject, as on many others connected with the
Avar. It is owing to a difference of education
and past associations, of conservative or radical
temperament ancl ideas, ancl of the study of
different parts of the complicated problem before
us. And yet there is a right view of the subject.
The truth is somewhere, and it is duty to ascer
tain it. The Memorial does not merely offset
the bare opinion of those who adopted it against
the opinion of others. It presents tangible facts
in the history of the nation and of the Avar, and

19
intelligent arguments in favor of the course which
it proposes. It starts with the idea, plainly taught
by the Avorld's history as well as by the Bible,
that God governs the nations of the earth, and
that he hates and punishes oppression. In this
respect our country has been exceedingly guilty,
the North ancl the South being both involved,
and the retribution has consequently come in
a civil war, and in a slave-holders' rebellion.
Secession and slave-holding are tAvins. Where
the virus of slavery is, there and there only is
the virus of rebellion. If this be so, ancl if the
Avar has brought slaArery within our poAver, then
Ave can hardly believe that God will send us
deliverance except in connection with emancipa
tion. We appeal to our President's faith in
Providence." Mn. Lincoln. — " I believe in a divine Provi
dence. Unless I am deceived in myself more
than I often am, I wish to Iciioav God's Avill in
this matter; and if I can learn it, I will do it.
But I hope it will not be irreverent in me to
say, that if it is probable that God would reveal
to others his will concerning my duty, it is quite
as probable that he Avould reveal it directly to
me. These are not, hoAvever, the days of mira
cles, and I suppose it will be granted, that I
am not to expect a direct revelation. I must
study the plain facts of the case, ascertain Avhat

20
is possible, and decide what appears to be wise
and right."
'The Delegation. — " We agree in the view
Avhich you present, in the main; but would make
one or two qualifying suggestions. It is true,
that the problem involves very directly the duty
of the President, yet only as he officially repre
sents the interests of the people ancl the defence
of the national Union. Hence all are compelled
to study the question, and to reach a conclusion
as to what needs to be clone, ancl we cannot well
avoid expressing our solemn judgment. More
over, since God, as you have well said, is not
likely to make any miraculous revelation to you
of your duty, He may be supposed to use human
agency, and to bring before you the suggestions
and arguments of other minds. Perhaps even
such humble instrumentalities as ourselves, rep
resenting as we do the Christian sentiment of
our section, ancl largely of other sections also,
may be . providentially put to use, to make the
Avay of duty more plain than it might otherwise
be." Mr. Lincoln. — "Yes, that may be; but the
fact still remains, that the subject is difficult,
and good men do not agree upon it. Why, it
Avas only the other day, that four gentlemen of
standing ancl intelligence, from New York, called
as a delegation on business connected with the

21
war. After this had been attended to, two of
them earnestly beset me to proclaim a general
emancipation; upon which the other two at once
attacked them, and argued in opposition to the
idea. You know, also, that at the last session of
Congress, there Avas a decided majority of anti-
slavery men, and yet they could not unite on
this policy. Nor are the religious people of one
mind about it. It is very curious about the
religious ideas of the war. They are not confined
to our side. Why, the rebel soldiers are praying
Avith a great deal more earnestness, I fear, than
are our own troops, and are expecting God to
favor their side. One of our soldiers, who had
been taken prisoner, told Senator Wilson, a few
days since, that he met with nothing so discour
aging as the evident sincerity of those he was
among, in their prayers."
The Delegation. — "Quite likely. History has
always been Avitnessing the differing judgments,
and hence the differing prayers, of good men.
It was so in the war of our Revolution, and in
the religious wars of Europe. Nevertheless there
was a right side, in each case. And we must
pray, and must act, according to our own con
victions of righteousness."
Mr. Lincoln.— "Of course. Let us then talk
over the merits of the case. What good would
a proclamation of emancipation from me do;
4

especially as Ave are noAV situated, Avith the
enemy at our very doors? I do not want to
issue a document that the whole world will see
must necessarily be inoperative, like the Pope's
bull against the comet! How would my mere
Avord free the slaves, when I cannot even enforce
the Constitution, in the rebel states? Is there a
single court, or magistrate, or individual there,
that would be influenced by it? Ancl what
reason is there, to think that it would have any
greater effect even upon the slaves, than the late
law of Congress, which I approved, and which
offers protection and freedom to the slaves of
rebel masters Avho come within our lines? And
yet I cannot learn that, of the thousands of
fugitives who have come to us, a single one was
influenced by that law."
The Delegation. — "We are glad to discuss
the difficulties of the case ; for discussion here
and elsewhere will bring a more united judg
ment, and it is quite likely that, though Con
gress could not agree, at the last session, they
may have, in view of the subsequent events,
more unanimity when they next assemble. The
members have met their constituents and learned
of many marvelous conversions to the policy of
emancipation ; especially since the late reverses
have awakened thought as to the extreme peril
of the nation, and have made bad men as well

23
as good men realize, that in this matter we have
to deal Avith God. Men of the most opposite
views, previously, are now uniting in calling for
this measure. It is true, Mr. President, that
you cannot, at this moment, enforce cither the
Constitution, or a decree of emancipation, in the
South; but we see no reason in that for not
proclaiming emancipation. They do not appeal
to the same classes, at home or abroad, and the
latter is needful to the enforcement of the former,
by making the slaves, the North, and the onlook-
ing world see, that a war for the Union means
liberty and not merely power. The two can be
made operative together, as fast as the national
armies advance, fighting their way Southward ;
and we have yet to hear that you propose to
abandon the Constitution, because of the present
difficulty of enforcing it. The slaves Avill gradu
ally hear of such a proclamation, from those
near the borders and from the conversation of
the whites, and it will fill them with hope,
increase the earnestness of their prayers in our
behalf, ancl give them encouragement to escape
to us when they can."
Mr. Lincoln. — " But should they come in any
great numbers, what could Ave do with them?
How can we feed ancl care for such a multitude ?
General Butler, Avho is in New Orleans, wrote to
me, a few clays since, that he Avas issuing more

24
rations to the slaves who have rushed to him,
than to all the troops under his command. They
eat, and that is all! True, General Butler is
feeding the whites, also, by the thousand; for it
nearly amounts to a famine there. If now the
pressure of the Avar should call off our forces
from Ncav Orleans, to defend some other point;
what is to prevent the masters from reducing
the blacks to slavery again ? For I am told,
that whenever the rebels take any black prisoners,
they immediately auction them off. They did so
with those they took from a boat, that was aground
in the Tennessee RiA^er, a few clays ago. And then
I am very ungenerously attacked for such occur
rences ! For instance, after the late battles, at
and near Bull Run, Avhen an expedition went out
from Washington, under a flag of truce, to bury
the dead and bring in the wounded, and the rebels
seized the blacks who went along to help, and
sent them into slavery, Horace Greeley said in
his paper, that the Government would probably
do nothing about it. What could I do?
The Delegation. — "AHoav us to suggest, that
whatever the Government could do, in the case of
whites, when a flag of truce is violated, could ancl
should be done, in the case of blacks ; for a flag of
truce covers equally all OArer whom it waves. As
for the difficulty experienced by General Butler,
it arises from the evil which always accompanies

25
timid, half-way measures. These give you the
full trouble of thoroughgoing measures, without
the corresponding benefit. It is folly merely to
receive and feed the slaves. Paul's sound doctrine
was, that those who eat must work. The slaves
must be received and welcomed, must be freed ancl
fed ; but they must be required to work, and they
must also be enlisted ancl drilled, to fight for their
OAvn liberty and for the Union which is to protect
it. The neglect ancl timidity on this latter point
has been disastrous. Take the opposite . policy,
ancl the blacks Avill be no encumbrance, and their
rations no waste. We should follow the ancient
maxim, ancl learn from the enemy. What the
rebels most fear, we should be most prompt to
do ; and what they most fear is evident from the
hot haste Avith Avhich, on the very first day of
the present session of the Rebel Congress, bills
were introduced threatening terrible vengeance, if
we used the blacks in the war."
Mr. Lincoln. — "Well, proceed and tell me
further, Avhat possible result of good would follow
the issuing of such a proclamation as you desire.
Understand; I raise no objections against it on
legal or constitutional grounds ; for, as com
mander-in-chief of the army and navy, in time
of war, I suppose I have a right to take any
measure which may best subdue the enemy.
Nor do I urge objections of a moral nature, in

26
view of possible consequences of insurrection and
massacre at the South. I vieAv the matter as
a practical war measure, to be decided upon
according to the advantages or disadvantages it
may offer to the suppression of the rebellion."
The Delegation. — "As regards the slaAres, we
should not expect any immediate or general effect.
The news will gradually spread, and as our armies
advance, it will cause an influx of blacks to us,
Avhich will depriA'e the rebels of numerous labor
ers, Avhom they are continually putting to valuable
use, and will giAre us both laborers and soldiers ;
for Ave cannot believe that the present policy of
not enlisting black troops will long be continued.
As regards the North, we think it would deepen
the convictions and increase the zeal of the loyal
citizens, who now are tempted, at times, to despair
of success, when they see such an apparent unwill
ingness to strike at the root of the evil. It would
give them a double principle for which to fight
ancl to suffer loss, in all needful ways ; to wit,
national union and universal liberty. It would,
above all, assure them, that the work of putting
doAvn the rebellion was to be so thoroughly done,
as to leave our country forever free from disgrace
ancl clanger in this quarter. Slavery and secession
are one and the same thing, practically. Not
the least of the benefits to be secured, however,
would come from its effect abroad. We all trem-

27
ble, lest England and France shall find a sufficient
excuse for recognizing the Southern Confederacy.
The upper classes in those countries are known
to favor such a course. We must omit nothing
which can deprive them of argument and oppor
tunity. At present, the sympathizers with seces
sion in Great Britain (which country heretofore has
professed great anti-slavery zeal), allege that this
bloody war is on our part for national ambition,
pride of territory, coveted poAver of the Great
Republic, and not at all for liberty. It has no
claim, therefore, upon the sympathy of philan
thropists in Europe. We are thus weak, where
Ave ought to be and need to be strong. Proclaim
emancipation, and a tide of sympathy for us Avill
set in, which no European power would dare to
resist." Mil. Lincoln. — " There is force in some of your
points. I admit that slavery is the root of the
rebellion, or was, at least, its sine qua non. The
ambition of politicians may have instigated them
to act; but they would have been impotent
Avithout slavery as their instrument. I AA'ill also
concede, that emancipation would help us in
Europe, and convince them that Ave are incited
by something more than ambition. I grant
further, that it would help somewhat at the
North; though not so much, I fear, as you and
those you represent imagine. Still, some addi-

28
tional strength would be added, in that way, to
the war. And then, unquestionably, it would
Aveaken the rebels, by drawing off their laborers,
Avhich is of great importance. But I am not so
sure, that Ave could do much Avith the blacks.
If Ave were to arm them, as soldiers, I fear that,
in a few weeks, the arms would be in the hands
of the rebels ! Ancl, indeed, thus far we have not
had arms enough to equip our white troops. I
Avill mention another thing, though it may meet
only your scorn ancl contempt. There are fifty
thousand bayonets in the Union armies from the
Border slave States. It would be a serious matter,
if, in consequence of a proclamation such as you
desire, they should go over to the rebels. I do
not think that they all would ; not so many,
indeed, as a year ago ; not so many as six months
ago ; not so many to-day as yesterday. Every
day increases their Union feeling. They are also
getting their pride enlisted, ancl they want to
beat the rebels. Let me say one thing more:
you must admit, that we already have an impor
tant principle, with Avhich to rally and unite the
people, in the fact that constitutional government
is at stake. Here is a rebellion against the
orderly result of a regular election according to
law, in which they themselves took part. Fail
ing to elect their candidate, they rebel! This is
the destruction of constitutional government. We

29
are fighting for a liberty of law against faction
and anarchy. This is a fundamental idea, and
goes down about as deep as anything ! "
The Delegation. — "As to the blacks, Ave have
only to say, that good sense must be used in
arming and drilling them as well as white
troops ; that discipline, in this as in other cases,
could work wonders with the raw material, in the
course of time, so that it would be welTto begin
in season ; and that, if there be a scarcity of
arms, it might be Avise to place a part of the
supply in the hands of those nearest to the seat
of the rebellion, having most at stake, and able
to strike the heaviest blow. We have little fear
of the desertion of the Border State troops. The
danger is much diminished, as you have just
admitted, ancl anything lost in that quarter
Avould be regained tAvofold at the North. But,
at all events, the struggle has now gone too far
to be settled by partial measures. This country
must be all slave or all free territory. Let the
line be draAvn, at the same time, between loyalty
and treason, and between freedom and slavery.
The sooner we know who are our enemies, the
better. But the people of the Border States, as a
whole, are neither traitors nor fools. Wholesale
desertion, on their part, would make their States
the seat of war, a vast battlefield, a scene of blood
and desolation. Perhaps our hopefulness arises
5

30
from our being fresh from the people, warm with
their aspirations, and having personal knowledge
of the self-denials ancl prayers of the Christian
patriots. We do not undervalue the principle of
constitutional goArernment, which is at stake. It
is indeed a grand idea for which to contend,
even at this expense of treasure and blood. But,
Mr. President, the people know, ancl you have
admitted, that nothing else has put constitutional
government in danger, in this land, but slavery;
that the toleration of that aristocratic and despotic
element among our free institutions' has been the
inconsistency that has nearly wrought our ruin,
and caused free government to appear a failure
before the world. Therefore, to preserve and
perpetuate constitutional government, the people
demand emancipation. Let us fight the battle
once for all! Our idea will thus be found to
go deeper than yours, and to be armed with
corresponding power."
Mr. Lincoln (suddenly).— "Yes; that is the
true ground of our difficulties."
The Delegation.— "Oh, Mr. President, we
are very earnest in this matter. A proclamation
of emancipation, giving 'Union and Liberty' as
the national watchword, would be a new inspira
tion for the Avar, appealing to conscience, senti
ment and hope. You must not judge from the
depression seen under recent disasters. If the

31
Leader will but utter a trumpet call, the nation
will respond Avith patriotic ardor. No one can
tell the power of the right word from the right
man, to develop the latent fire and enthusiasm
of the masses."
Mr. Lincoln (Avith earnestness). — "I know it!"
During the intervieAv, thus far, the President
sat in a roomy armchair, and at first in a
straight ancl dignified posture, as one officially
receiving a delegation. But as the conversation
proceeded, he forgot all about himself, became
deeply interested in the discussion, and evidently
Avarmed up toAvards us personally, as if we were
true friends. Gradually he unbent in his man
ners, and; feeling perfectly at ease, began to be
humorous or pathetic, as the mood took him.
He turned his face more and more towards us,
until, as he grew quite earnest and yet informal,
he carelessly threw one leg over the left arm of
the huge chair, ancl soon after the other, gesticu
lating freely, ancl looking us intently in the face.
It Avas amusing to see, and would have shocked
European ideas of official propriety; but to us
it only indicated the simplicity, frankness and
sturdy honesty of his nature, ancl the unreserve
Avith Avhich he dealt with those who had his
confidence. The close of the interview Avas as
follows :
The Delegation.— "We must not. trespass

32
longer on your patience or your valuable time.
Many others are waiting to see you, ancl we
thank you for according us this personal inter
view. Pardon us, if, in the warmth of discussion,
anything has dropped from our lips that seemed
wanting in due respect for our honored chief
magistrate. We have only aimed to be true to
our convictions ancl faithful to our mission, and
we take our leaAre, commending you to the
gracious guidance of the All- Wise God."
Mr. Lincoln (rising and cordially extending
his hand, in a parting salute). — "I have been
much gratified with this interview. You have
clone your duty ; I Avill try to do mine. In
addition to Avhat I have already said, there is a
question of expediency as to time, should such a
proclamation be issued. Matters look dark just
now. I fear that a proclamation, on the heels of
defeat, would be interpreted as a cry of despair.
It would come better, if at all, immediately after
a victory.' I wish I could say something to you
more entirely satisfactory; yet do not misunder
stand me, because I have mentioned these various
objections. They indicate the difficulties, which,
thus far have prevented my action in some such
way as you desire. I have not decided against
a proclamation of liberty to the sla\-es, but hold
the matter under advisement; and I can assure
you, that the subject is on my mind, by day and

33
night, more than any other, Whatever shall
appear to be God's will, I will do. In parting
I would only add, that I trust that, in the
freedom with which I have canvassed your
views, I have not in any respect injured your
feelings."
: As we left the Executive Mansion, Dr. Demp
ster and the writer naturally compared impressions
made by the interview, and we found ourselves
in entire agreement. Our minds Avere full of
hope. The subject had evidently been under
thoughtful consideration by the President, and
the seemingly strong objections, which he urged
to our request, struck us, after all, as in a
measure old and outworn; as if they had lost
to his mind most of the force which they might
once have had. We thought it probable that, if
the approaching battle at Antietam should prove
favorable to the Union cause, it would be followed
by a proclamation of emancipation.
This account of what actually was said, at the
interview, will show the unhistoric character of
the statement made by Hon. George S. Boutwell,
in his Reminiscences of Abraham Lincoln, that,
" at his interview with the Chicago clergy, he
stated his reasons against emancipation, and
stated them so forcibly, that the clergy were not
prepared to answer them." As to this the reader
will judge.

34
We reached Chicago, on Tuesday, September
16th, and on Friday, the 19th, made our Avritten
report to another immense gathering of the
citizens, in Bryan Hall. Meanwhile the battle
of Antietam had been fought, on the 17th. The
report gave so fully and forcibly the objections
mentioned by the President, that the Democratic
newspapers of the next morning declared them to
be a complete answer to the Memorial, thought
the case settled adversely, appreciated highly the
joke about the Pope's bull against the comet, and
ridiculed the hopes expressed by the Delegation.
But Avhen the report appeared in print, in the
daily papers of Tuesday, the 23d, by its side
appeared President Lincoln's preliminary pro
clamation of emancipation, dated September 22d,
1862, announcing his purpose, on January 1st,
1863, to declare free the slaves in all the States
or parts of States, which should then be in
rebellion. It is now known, that previous to this interview,
President Lincoln had not only, as he intimated
to us, solemnly considered the subject, but had
even made a tentative draft of a proclamation,
ancl discussed it in his Cabinet, leaving the fact
and time of its publication quite undetermined.
But that our humble mission was not destitute
of some final influence, in resolving doubts and
putting an end to delay, is more than probable.

35
Mr. F. B. Carpenter, in his "Six Months at
the White House," testifies, that Mr. Lincoln
told him that his second draft of the Preliminary
Proclamation was written at the Soldiers' Home,
after the hews had arrived of the favorable result
of the battle of Antietam (September 17th), Avhich
prevented General Lee's contemplated invasion
of Pennsylvania. On the 20th he laid it before
the Cabinet, telling the members (as Secretary
S. P. Chase informed Mr. Carpenter), with much
solemnity of manner, that just before the battle
of Antietam, he solemnly promised his God, that
if the battle went favorably to the Union cause,
he would proclaim freedom to the slaves. As
our interview with him was four days before the
battle, the appeal which the delegation made to
his conscience and to his faith in Providence,
may well have aided in bringing him to make
such a vow.
A leading editor of Chicago (Mr. Medill),
returning, a few months after, from a visit to
Washington, said: "Secretary Stanton told me
to say to those Chicago clergymen, who waited
on the President about the Proclamation of Eman
cipation, that their interview finished the business.
After that, there was no manifestation of doubt,
or talk of delay. Mr. Lincoln's mind was firmly
made up." Two years later, in July, 1864, the
writer had a brief intervieAV Avith Mr. Lincoln,

36
at Washington, in which he expressed entire
satisfaction Avith the step thus taken, although
the immediate advantages had not been as great
as some had expected. We can all noAv see how
vast ancl beneficent were the ultimate results,
and every one may well rejoice, who was per
mitted in any degree to aid in securing them.

SfimJi-QPubHcalron, TSlo. 38.

THE CALVERT PAPERS.

NUMBER ONE.

With an account of their recovery, and presentation to -the Society,

December ioth, 1888.

Together with a Calendar of the Papers recovered,
and Selections from the Papers.

lalitmors, 1889.

dtchiz>&rrLen1> of

T/£eJ?wntIIoii0iuriDie Cceciliw Cotuet-t
Jiardn.Baiteinore de Jfatf&fricn-e- m. the.

tiJiddvaloiV in -d/nerica.

A,U»n B. Co. Llilt . Null

THE CALVERT PAPERS.

NUMBER ONE.

3funb-12Publtcalicm, ISla. 28.

THE CALVERT PAPERS.

NUMBER ONE.

With an account of their recovery, and presentation to the Society,

December iotti, 1888.

Together with a Calendar of the Papers recovered,
and Selections from the Papers.

gHlliuiore, 1689.

PEABODY PUBLICATION FUND.
Committee on Publication.
18 8 8-89.
HENRY STOCKBRIDGE,
JOHN W. M. LEE,
BRADLEY T. JOHNSON.

Printed iiy John Muitpnv k Co.
1' It I N T K It S TO THE MAKVI.iMIl II I S T 0 K I C A I, S O 0 I K T Y .
Ii A L T I M O U K , 1 « M 'J .

CONTENTS,

Address of Mr. Albert Ritchie, 9
Remarks of Mr. John H. B. Latrobe, 22
Report of Mr. Mendes Cohen, 22
Remarks of Dr. AVilliam Hand Browne, 32
Exemplification of the Arms of Sir Georoe Calvert, 38
The Patent of Nohility of Georoe, Lord Baltimore, 41
The Will of Sir George Calvert, Lord Baltimore, 48
The Inventory of the ICstate of the same, 50
Tender jiy Cecilius, Lord Baltimore, of the fiust year's
Rent, - - 54
Receipt for the first year's rent, 54
A Calendar of the Calvert Papers, by Mr. John W. M. Leu, 57
The Calvert Papers. First Selection, - 127

PREFACE.

At a meeting of the Maryland Historical Society, at their
rooms, on December 10, 1888, the Calvert Papers were for
mally presented to the Society.
An account of the search for, discovery, and acquisition
of these papers is given in the following addresses, made by
Mr. Albert Ritchie on behalf of the donors, and by the
President on behalf of the Society, together with the Report
of the Committee on the Calvert Papers, made by Mr. Mendes
Cohen ; and some remarks on their character, accompanied by
the reading of Extracts, were made by Dr. William Hand
Browne ; and to these have been added a Calendar of the
Papers prepared by Mr. John W. M. Lee.

THE CALVERT PAPERS.

Address of Mr. Albert Ritchie.
Mr. President, —
ON behalf of those who have recently secured
possession of a valuable collection of histor
ical papers from an immediate descendant of
the Calverts, I am here to-night to perform a most
agreeable service.
The papers referred to lie on the table before you,
and I am instructed to present them to the Society
of which you are the beloved and honored Pres
ident. During the supremacy of the Lords Proprietary,
they resided, as you know, at their homes abroad,
and were represented here by their Governors.
They, however, to a large extent, themselves exer
cised the ample powers which they possessed, and
maintained an active participation in the govern
ment of the province.
2 0

10
Frequent and full reports of the condition of
affairs were from time to time transmitted to them,
as Avere also many important official papers requir
ing their consideration and action.
Thus, much of our history got upon the other
side of the water ; some in the original, some in
duplicate ; the original forming its own part of the
record, and that in duplicate serving in some degree
to supply the place of original material lost on this
side. This collection was received from the possession
of Col. Frederick Henry Harford, of Down Place,
near Windsor, the great-grandson of Frederick, the
last Lord Baltimore, and embraces all that is posi
tively known still to exist of those papers that were
sent over to the Lords Proprietary in the manner
stated. You will remember that in his Calendar Index of
1861, Dr. John Henry Alexander states that in the
year 1839 he saw, in the British Museum, two large
chests, marked "Calvert Papers," but that, on
inquiry made by him many years afterward, all
trace of them had disappeared.
The acquisition of the papers in those two chests
has been an object of which the members of this
Society have never since lost sight. Whether these
are they or not, it is impossible yet to say. They
may, or may not be. But much as we desire to
possess those papers, it is rather to be hoped that

11
the records we now have secured are not the ones
referred to by Dr. Alexander, because, if it be de
termined that they are not, we will then be stimu
lated by the knowledge that there are other histori
cal treasures in the same line of search still to be
looked for and found.
The character of these papers will be told to you
more in detail during the evening, but I may say
in a word that it is believed that they will prove to
be a historical treasure trove such as it has not been
the good fortune of any other of the States to find,
and that they will add much value to the collec
tions already possessed by this Society. They will
enable us to replace some of the lost leaves of the
history of our State, to revise others, and to illumi
nate many more.
Without anticipating what will be better told you
by another, I may, in passing, give a suggestion of
the contents of these papers by referring to one or
two of them.
You know, sir, that the princely grant of lands and
waters which comprised the province of Maryland,
was given on the condition prescribed in the Charter,
that the Lord Proprietary should in every year on
Tuesday in Easter week yield and pay therefor the
rental of "two Indian arrows of those parts." We
are able to assure you to-night that at least the first
year's rent was duly paid, for lying before you is
the receipt of " W. Thomas, keeper of his Majesty's

12
Wardrobe," for two Indian Arrows " tendered ancl
left at and within the Castle of Windsor," for "one
year's rent due to the King's Majesty" for "a ter
ritory or continent of land called Maryland," and
dated on "Tuesday, the xxmrd day of April, 1633."
For how many years the prompt payment of this
rent continued we may not know, but we may pre
sume that it was well kept up, because, from the
failure of the native population to appreciate the
principle of public law, that the discovery of the
fact of their existence, gave the discoverer a claim
to all their possessions, it was many years before
Indian arrows became scarce in Maryland. Ulti
mately, however, about the 4th of July, 1776, we
know that this rent was docked. All that we
pay now is the annual levy of $2.07 on every one
hundred dollars worth of our property.
Another paper of this collection, while not so
unique, is of more historical value. It is a copy in
his own handwriting of the instructions given by
Cecilius Calvert to the immigrants before the Ark
and the Dove left the Isle of Wight.
These Calvert papers, after much search and
effort, which will be more fully detailed by Mr.
Mendes Cohen, were finally secured by a few of the
members of this society, aided by some prominent
citizens, and also, it is a great pleasure to add, with
the gracious co-operation of several ladies who are
with us to-night.

13
There is no need now to make special mention of
the names of those for whom I speak, but I feel
that I ought at least to say that, more than to any
thing else, we are indebted for the possession of
these papers to the intelligent and persistent efforts
of Mr. Cohen. He will not, in his account of them,
say this for himself, and I therefore say it, because
it ought to be said by some one.
The circumstances warrant the mention of one
other name in this connection. Always an inter
ested member of this Society and in sympathy with
its work, one of the last acts of his life was a gen
erous contribution to the fund for the purchase of
these papers by Mr. T. Harrison Garrett.
The acquisition of these Calvert papers ancl the
interest manifested in them to-night, are an assur
ance that our State has reached the age of historic
research. This, of course, is a development of a
somewhat advanced period, for the forces of moral
evolution will not produce the historic sentiment
until there is a history to be written. The condi
tions are — a story to be told, and also the appropriate
time for telling it. Unlike the observation of mate
rial objects the atmosphere is cleared by distance,
ancl the truth of history is better discerned as we
get above and beyond the motives, the partialities
and mists which obscure a closer view. These con
ditions, like experience and good wine, come only
by age. There is no improved method of hastening

14
them, and we must wait until the State has a past.
The process may be going on, but we can simply
stand by while seed time is ripening into harvest.
But when the times have ripened for the pen of the
historian, and existing conditions have created the
want, the same forces which created the conditions
will supply the want.
Almost exactly two hundred years from the date
of the charter had passed before the full period for
writing the history of Maryland came, and then the
great pen of McMahon was applied to the task.
Bozman's Introduction to a History of Maryland
had appeared in 1811, ancl Griffith's Sketches of the
Early History of Maryland in 1821, but the publi
cation of McMahon's first volume in 1831 may be
taken, I think, as the well marked beginning of the
period of historic research in Maryland. While
that work was the evidence of a growth, it at the
same time stimulated the growth. The presentation
to the State of the manuscript of Bozman's history
and its publication followed in 1834 ; then came
the Act of 1835 for the rescue, arrangement and
preservation of the State papers and documents.
The Maryland Historical Society was incorporated
in 1844 ; another Act looking to the preservation of
the records was passed in 1847 ; in 1849 McSherry' s
History appeared, and in 1855 the " Day Star " by
Mr. Davis. In 1858 an Act was passed for the
procurement of copies of important papers from

15
foreign repositories, and the report and calendar of
Dr. Alexander followed in 1860. In 1867 import
ant historical features were added to the Land
Office; in the same year Terra Mariae, by Mr.
Edward D. Neill, was published ; Scharfs History
appeared in 1879, and the History of a Palatinate,
by Dr. Wm. Hand Browne, in 1884. Many other
incidents, as well as numerous monographs, which
cannot now be referred to, have marked the period
mentioned. The time had indeed come, but when the thought
of the State turned to the history of the State, the
inquiry was, what are the records? and (more diffi
cult to answer), where are they? The archives
have a history as well as the State, but though the
acquisition of these papers is part of it, the full story
cannot be told to-night.
Maryland has probably always possessed a more
complete collection of State papers than any other
of the original States, and the State has always
manifested as great an interest in their preservation
as perhaps could well be expected. But we seldom
find the instinct of the historian united with official
position, and there never has been by the State
a sufficiently well directed effort for the collection
and preservation of its archives.
They have passed through the perils of new gov
ernment, of war ancl insurrection ; of removal, waste
and neglect; of mould, fire and private spoliation.
Very much, however, has survived ; much that had

16
nearly gone has been rescued, ancl means have been
found to supply from other sources much that has
been lost.
A valuable work was performed by Mr. David
Ridgely, State Librarian, under the Act of 1835, in
collecting ancl arranging State papers and docu
ments, but the Act unfortunately provided that
after collection and repair they should be returned
to the various public offices, from their exposure in
which the effort had been to rescue them; ancl
when looked for, in later years, many that Mr.
Ridgely had noted could no longer be found.
Immediately upon the formation of this Society
it directed its attention to the collection and safety
of the State papers, and in 1847 procured the
passage of a resolution by the General Assembly
to this end. This resolution authorized the Gov
ernor to transfer to this Society all original papers,
documents and records relating to the history of
Maryland prior to the close of the Revolutionary
war, which it was not necessary should be kept at
the seat of Government. The first part of this res
olution was full of promise and looked like a liberal
transfer, but there was a string tied to the papers
in the shape of a retractive proviso. Under the
operation of the proviso there was very little left to
be transferred except such documents as were in
duplicate, or in such a condition of "apparent or
manifest decay" as that they might be " ad van-

17
tageously deposited with the said Historical Soci
ety." The Society thankfully received the records
that were in a state of " manifest decay" and, as far
as it was possible to do so, reverently restored them
to a state of convalescence.
By the Act of 1858, the Governor was authorized
to appoint some person to procure copies of all
papers and documents of value relating to the pro
vincial history, which were to be found in the Colo
nial Office in London, in the library of Zion College,
and in the archives of the Propaganda at Rome.
Dr. Alexander, who was appointed under this Act,
very properly thought that before he began to copy
it was important to know what the State already
possessed, and accordingly, with the assistance of
Dr. Ethan Allen, he prepared the first volume of a
Calendar of State papers which is now in the library
of this Society. But before the preliminary work
was completed the appropriation was exhausted,
and the hand of the type-writer has not yet gar
nered the sheaves in question.
The importance of the State papers was, again,
most earnestly pressed upon the Constitutional
Convention of 1867, by the late Mr. George L. L.
Davis, and through his efforts a clause was inserted
in the Constitution, making it the duty of the Com
missioner of the Land Office to collect, arrange and
classify the papers, records, relics and other memo
rials connected with the early history of Maryland.
3

18
This Society at length, in the passage of the Act
of Assembly of 1882, accomplished what had been
a cherished purpose ever since its organization,
namely, the transfer into its custody of all the
records, archives and ancient documents of the
Province and State prior to the acknowledgment of
the independence of the United States by Great
Britain, on the condition that they should be safely
kept, properly arranged and catalogued, and that
the Society should edit ancl publish such of them as
were of historical importance, the State reserving
its ownership, ancl providing for the free access to
these papers of all its citizens. The State at last
had appreciated the fact that it had no agency of its
own suitable for the work of collecting, assorting
and preserving these papers.
Then began the reel ai nation of Stale papers from
all conceivable, as well as inconceivable repositories.
The search went through places where they ought
to have been, and were not, and places where they
should not have been, but were. Under the
authority of this Act, and through previous efforts,
the cellars, the lofts, the forgotten cupboards, the
woodhouse of the Treasury ancl the dome of the
State House, as well as the public offices, all gave
up their historic treasures, and at last, so far, at
least, as those possessed by the State are concerned,
we are able to answer the inquiry, where are the
records? They are in the iron vault of this Society

19
— the Home for Aged Papers — protected from
exposure and neglect, secure against the hand of
the spoiler, and safe from the depredations of the
autograph fiend.
This Society is faithfully and gladly discharging
the conditions upon which it was made the reposi
tory of these papers, and is now solving the problem
of what the records are. The accumulations of a
hundred, and fifty years, including about 10,000 sep
arate papers, thus came into its hands. All are
being properly assorted and catalogued, with due
reference to subject matter and chronological order,
and, with infinite labor, the worn papers, the faded
writing, tho contracted hand, the long disused
abbreviations, and the long since obsolete terms,
are being deciphered and the entire text transcribed.
Five volumes of the archives, under the scholarly
supervision of Dr. Browne, have been published.
Towards the expense of this work the State has
made a moderate but inadequate appropriation.
Much of the necessary service is gratuitous, while
important gaps in the records have been filled from
the collections of this Society, and by material gath
ered abroad at its expense. This Act of 1882, from
a historical standpoint, is the most important event
that has yet transpired.
It not only secured the safety of our State papers,
but, through the agency of this Society, it is work
ing out a full disclosure of their contents. To a

20
certain degree, in their past condition, they have
been as if written in an unknown tongue.
This Act, also, is leading up to a new, a more
accurate and complete history of the State. The
histories of Maryland heretofore written have been
well done in view of the broken record and the
difficulty of mining the material at command. But
a new history of the State has been begun, ancl will
appear in clue season.
We may not know by whom it will be finished,
nor whose name will be upon the title page as its
author, but this Society has begun the work. It is
now making accessible ancl capable of use the large
stores which have been preserved ; it is replacing
much that has been lost, ancl with an eye quick for
the search, ancl a hand ready to reach, it is looking-
for further historical riches in foreign repositories
not yet explored. In thus preparing ready to his
hand all materials, ancl in doing for the future
author the most dreary and laborious part of his
work, this Society is contributing its important part
toward the new history of the State.
It has assumed that portion of the task, which,
as McMahon well said, " if inflicted as a punish
ment, would be intolerable."
Such, sir, is part of the work now being done by
this Society, and it is in recognition of its active
zeal, and of the service it is rendering the State,
that we desire to place in its possession these Cal-

21
vert Papers. They begin the story of our people
at a period earlier than the landing at St. Mary's.
They had already opened the record when Leonard
Calvert set up the cross on St. Clement's, and in
the name of his brother, took possession of his
unexplored kingdom of forest and river and bay.
They have been singularly preserved through
the casualties of two hundred and fifty years. The
Barons of Baltimore, each in his turn, have played
their almost royal parts, and the baronetcy itself
has been extinct for more than a century. Eight
generations, full of life and high impulse, have
wrought their mission, and passed on. The first
seat of government has disappeared, and not even
its ruins now mark the spot where the early legisla
tors assembled. From the little colony has grown
a great State, superb in its free institutions, and
the home of a million noble people.
These parchments have survived through all
these changes, ancl, by the force of association, they
fill this hall to-night with voices and faces from
the weird and majestic past, and stamp again with
the vividness of real life, acts ancl events which
were fading into shadow and tradition.
With all their rich associations ancl historic
value, I now have the honor to present them to
you as the representative of the Maryland Histori
cal Society, and, as I do so, it is with the thought
that they are part of the muniments of our goodly

22
heritage of civil ancl religious liberty — part of the
evidences of our title to all that is great and honor
able in our past.
Address of Hon. John H. B. Latrobe.
Upon the conclusion of the address of Colonel
Ritchie, the President, Hon. John H. B. Latrobe,
said: I gratefully acknowledge, Mr. Ritchie, on behalf
of the Maryland Historical Society, the valuable
addition to its archives of the "Calvert Papers,"
Avhich the generosity and public spirit of some of
our fellow citizens have enabled it to secure.
To go now into more formal or extended remarks
would consume time which may better be given
to some matters immediately connected with the
papers referred to.
Address of Mr. Mem des Cohen.
Mr. Mendes Cohen, Chairman of the Committee
on the Calvert Papers, then addressed the meeting,
as follows :
Mr. President, Ladies and G-entlemen, —
In the distribution of the duties of this occasion,
it devolves upon me to tell you something in regard

23
to the finding of these papers. I cannot do so,
however, without mentioning the name of one of
our departed members, taken from among us in the
midst of his usefulness more than twenty years ago ;
one well known to the older members of the Society
and to his fellow citizens generally, as a gentleman
of the highest scientific and scholarly attainments.
I refer to the late John Henry Alexander, LL. D.
Dr. Alexander, amongst numerous other literary
ancl scientific works, prepared an "Index to the cal
endar of Maryland State papers," compiled under
his own direction by authority of an Act of the Leg
islature (January session, 1858, Chapter 27) .
In the preface to this Index which bears date
Easter Monday, 1861, speaking of the collections of
Maryland documents in the British Museum, he
records :
"Many years ago, these possessions of the British
Museum might have been increased, and with
objects of great interest. In the autumn of 1839,
there were lying in one of. its rooms, on the ground
floor, two considerable chests marked Calvert
Papers, which I myself observed with much inter
est ; but presuming that they were an acquisition of
the establishment, and would be shortly examined
ancl reported upon thoroughly, or at least be there
after forever accessible, I made no particular inquiry
about them at the moment. It appears that this
presumption was erroneous, ancl upon a diligent

24

research instituted recently — under the disadvan
tage, to be sure, of there being not a single person
left now in the employment of the institution, who
was connected then with the particular branch of
its service to which belongs the receipt ancl custody
of such things, until they are handed over to be
placed in their proper receptacles — no further intel
ligence could be obtained about them, and no other
conclusion arrived at than that, when seen they
were merely in transitu, having been probably
offered by some party possessing them, but at such
a price as precluded their purchase. However this
may have been, the mischance is very much to be
regretted." It was my good fortune to know Dr. Alexander
from my early youth. I was a student of engineer
ing; he, the accomplished scientist and mathe
matician, the intimate friend of an uncle who stood
to me in loco parentis, was pleased on this account
to take much interest in the progress of my studies,
ancl subsequently in my professional career. I
learned to respect the thoroughness with which
Dr. Alexander pursued every investigation; the
careful accuracy of his observation and the precision
with which he noted results. I did not then know
how rare were the qualities that I admired in him,
nor how great was the privilege which I enjoyed
in my intercourse with him ; but I have realized it
since, and it is to me a great pleasure to say that we

25

primarily owe our acquisition of these papers to Dr.
Alexander's careful methods — for I do not think
that the search would have been thought of, as it
would certainly not have been undertaken by me,
but for that record of a failure to find what he
believed to have existed a few years before.
On reading that account for the first time and
knowing something of the way which English people
have of preserving written documents, I thought
the chances were strongly in favor of Dr. Alexan
der's theory, and that the papers had gone back to
the attic corner whence they had emerged for their
visit to the British Museum, and I promised my
self the pleasure of searching them out as soon as
opportunity permitted me a visit to England.
In the meantime it chanced that, as correspond
ing secretary of this Society, I was in communica
tion with Mr. Winslow Jones of Exmouth, Eng
land, a gentleman interested in matters bearing
upon our history, and who has contributed to our
collection some interesting notes in regard to the
early Calverts. I ventured to ask his interest and
co-operation in a search for the lost papers. He
readily gave his assistance and through an inquiry
made by him in Notes and Queries, information was
elicited which led to our being convinced that a
large mass of the Colonial Papers and correspond
ence was still in existence and in the possession of
Col. F. H. Harford, a retired officer of the British
4

26
Army, and a descendant of the last Lord Baltimore.
Some months later Mr. Jones was permitted to see
these papers at Col. Harford's seat, Down Place,
near Windsor, and in May, 1887, he writes me : — :
" I finished on yesterday the examination of the
deeds and papers at Down Place 
" They were in utter confusion, in one very large
chest, and not in the two in which they were origi
nally kept, without any arrangement and mixed up
with family papers unconnected with the Province,
ancl very many of both sets without endorsement,
but they are all now arranged and for the most
part marked 
"The chest has for some years been in an old
Orangery, now used as a potting house and for gar
den purposes, and some signs of damp are on a few
of the r papers, so that if the chest should remain
for some years longer in its present place, the
papers may be seriously injured."
It is needless to recount our unsuccessful efforts
to negotiate with the owners by a correspondence
which extended over a year or more. We could
neither learn the date of a single paper in the col
lection nor the price at which any or all of them
would be transferred to the Society.
During the summer of 1887, Mr. D. R. Randall,
of Annapolis, a corresponding member of this So
ciety, being in London, was asked to call to see the
papers which had by this time been removed from

27
Down Place to the custody of Col. Harford's solici
tors in London. He did so, and was shown such
of the collection as had then reached London. He
was informed by the solicitors that some of the
papers were still at Down Place, partly in the house
and partly buried in a field adjoining. The papers
referred to as being then in the house at Down
Place, are said to have been brought shortly there
after to London and to be included in our aggrega
tion, but in regard to the buried papers the solici
tors write: "We fear that they are lost beyond
hope of recovery, as we understand from our client
that they were buried some years ago by his gar
deners in order to get rid of what at the time was
supposed to be useless."
At this stage it began to look as if the story
of the Sibylline books might be repeated to our
irremediable loss, and we felt correspondingly anxi
ous to secure the existing remainder before any
further diminution should befall them. It was
evident that some one familiar with the Maryland
Archives must be sent to London, to report speci
fically as to the historical value of the find and
to act as our agent.
The most suitable person available was Mr. J.
W. M. Lee, the Society's librarian. The late Mr.
T. Harrison Garrett, in whose service Mr. Lee was
then engaged, readily consented to spare him for
the purpose. Mr. Lee sailed for England April

28
14th last. He reached London on the 21st, and
lost no time after his arrival in examining the
papers at the office of Col. Harford's solicitors,
where it was stated to Mr. Lee, that all the papers
known to be in existence were then collected. We
were informed by each mail of the progress of his
investigation, and in time, of the price placed upon
them and of his estimate of their value.
An agreement was arrived at without delay, and
Mr. Lee was cabled to close the purchase which
was at onqe effected through the mediifm of Messrs.
Robert Garrett & Sons, who acted as our bankers,
and advanced the necessary funds.
Through the liberal subscription of the ladies
and gentlemen who have just presented the col
lection to the Society, sufficient funds were raised
to defray the expenses of the mission as well as the
cost of the collection and its transfer to your fire
proof vault, where it was safely placed on the even
ing of June 11th, 1888.
There still remain for us the questions :
1st. Are these papers in whole or in part those
which were contained in the two boxes seen by Dr.
Alexander in the British Museum in 1839 ?
2d. What means the statement about the buried
chest ?
In regard to the first question it must be stated
that our information is very meagre. We have
not been able as yet, clearly to establish a con-

29
nection between the papers we now possess and the
supposed contents of the boxes seen in 1839 ; nor
has our agent, Mr. Lee, given us any informa
tion throwing light on the subject.
Nevertheless, I believe them to be the same. It
is somewhat curious that whilst we in Maryland
were wondering what could have become of these
missing papers ; at the very time, when in 1861,
Dr. Alexander was printing the document which
records the facts that have led to the renewal of
the search, our sister State, Virginia, in a search
for evidence bearing upon the question of the boun
clary between Virginia and Maryland, should have
developed and recorded the fact of the then present
existence of the papers which we now have before us.
In March, 1860, the General Assembly of Vir
ginia adopted a resolution " authorizing and re
questing the Governor, if he should deem it expe
dient, to send to England a competent agent to
obtain from thence all record and documentary
evidence tending to ascertain and establish the true
lines of boundary between Virginia and the States
of North Carolina, Tennessee and Maryland."
Col. A. W. McDonald was commissioned as such
agent, and proceeded to London, where he arrived
June 20, 1860. In his report to Governor Letcher,
dated February 2d, 1861, he states : " I sought out
the representative of the Baltimore family, and
finally discovered him a prisoner for debt in the

30
Queen's Bench prison, to which some twelve years
since he had been transferred from the Fleet prison,
after having been there confined for more than
eight years. I obtained an interview with this gen
tleman ; informed him of the object of my visit,
which he appeared entirely willing to promote, and
learned from him, after most minute inquiry, that
the original charter had never come into his hands
with the other family papers which had; that he had
never seen it; never heard of it as being in the
hands of any other person ; and that he verily
believed said original charter to be utterly lost or
destroyed." Shortly after our discovery of the papers my at
tention was first called to this record by our fellow-
member, Mr. Henry F. Thompson. It had there
tofore seemingly escaped the notice of those inter
ested in the Maryland Archives, as it certainly had
my own, a fact which I can only account for by
reason of Col. McDonald's report having been made
just at the breaking out of our late civil war, at a
period when all attention was concentrated upon
the stirring events so rapidly succeeding each other
almost before the eyes of many of us — a time when,
in fact, our people were engaged in making History
not in studying it.
From this report of Col. McDonald, it will be
seen that the then representative of the Calverts
had been in prison for debt for at least twenty

31
years, or certainly since 1840, possibly from a some
what earlier date. As it was only in 1839 that Dr.
Alexander saw the chests, it would seem possible
that the then representative of the family had
offered them to the Museum before going to prison,
either for sale or for safe keeping, and that the
Museum declining to take them, they remained in
the possession of the family during his imprison
ment, and subsequently until our acquisition of
them. If this be the case, as I have no doubt it is,
it will only be necessary to obtain from the present
representative of the family, or his solicitors, the
facts doubtless in their possession to establish the
identity of the papers before us with those in the
missing boxes.
Now, as to the story of the burial of a chest of
papers. When that statement first reached me, I
supposed that it might be a myth, due to the fact
that when Mr. Jones found the chest of papers at
Down Place, it was in an out-building — a potting-
house — and may have been half-buried in the mould
and debris of the gardener's work-shop.
Mr. Lee was requested to make particular inquiry
on this point, and to go, if necessary, to Down Place
to ascertain the facts. This he did. He saw both
Colonel and Mrs. Harford at their home, but could
obtain from them no information more precise than
that Colonel Harford had a few years before given
authority to his gardeners to bury a box of the

32
papers, which were much in the way. The gar
dener to whom this authority was given, was no
longer in Colonel Harford's service when Mr. Lee
was at Down Place, and Mr. Lee reports that
Colonel Harford did not know -the place of burial,
nor even if the authority to bury was ever availed of.
The papers we have are so complete in some par
ticulars, whilst lacking in others where we are
pretty sure that the proprietors had received full
reports from the Colony, that we cannot but feel
that the chest supposed to have been buried may
well have contained just what we find wanting.
You have thus had a history of all we know, as yet,
regarding these papers, and their re-discovery. It
will devolve upon others to describe to you their
interesting character and contents.
In conclusion, I will only express the hope that
some of our members, hereafter visiting England,
will be sufficiently interested to investigate the
questions still left open, whilst there remains a
chance of finding those capable of answering them,
thus completing and perfecting for our State a
record of her early history, perhaps uneq nailed by
that of any other of the thirteen colonies.
Address of Dr. William Hand Browne.
Dr. William Hand Browne, followed Mr.
Cohen, with the reading of extracts from some of

33
the recently acquired papers, and with some intro
ductory and explanatory remarks, as follows:
As you have heard the story of the discovery
and acquisition of the Calvert Papers, it remains to
give you the briefest possible account of what they
are. They consist of nearly 1,000 documents, on paper
and parchment, all in admirable preservation, rang
ing from the reigns of Henry VIII and Elizabeth,
down to the second half of the last century.
The most ancient document relating to Mary
land is Cecilius Calvert's Instructions to the First
Colonists, of which I shall speak more at large
presently. We have the Conditions of Plantation
of 1640; a series of Council-Books and of the
Journals of the Upper and Lower Houses of Assem
bly, filling many gaps in our collections ; also
copies of laws transmitted to the proprietary for his
assent. We have grants of land and rent-rolls
of the various counties from 1640 to 1761.
Here also is a great mass of documents illustrat
ing every phase of the boundary dispute between
Maryland and Pennsylvania, from the granting of
the latter colony to the completion of Mason and
Dixon's survey in 1768, with the maps submitted in
the process of the suit; among which last are
Mason and Dixon's own map, and a copy on vellum
of the famous forged map on which Cape Henlopen
5

34
was misplaced, so that the southern boundary of
Delaware was run some twenty miles south of the
line agreed upon.
We have a collection of receipts for the Indian
arrows which the Proprietary was bound by his
charter to tender every year at Windsor Castle;
and among these the very first, of the date of 1633.
We have some twenty documents, all new to us,
relating to Avalon ; of which one is an inspeximus
of the Charter in 1634, authenticated by the Great
Seal of England.
There are also several hundred letters from the
Proprietaries, the governors, and other persons of
consequence ; and many private letters of great
interest, some of which throw curious light upon
the obscure beginnings of the colony.
The heraldic and genealogical parchments are
curious and attractive. Among them we have the
original patent of nobility creating George Calvert
first Baron of Baltimore ; a beautiful piece of
calligraphy and illumination, bearing the Great
Seal of James I, and a miniature of that monarch.
There are also several other heraldic scrolls,
richly blazoned, relating to the Calverts and other
families. There are impressions of the Great Seals
of England, from Elizabeth to George III ; the
Great Seals of Maryland, Virginia and New York ;
the seals of several kings-at-arms, and others of
less interest.

35
I am aware that all this is little more than a very
imperfect fragment of cataloguing, neither complete
nor entertaining; but under the circumstances it
cannot be helped. The importance of many of these
papers could only be made clear by an introductory
explanation of the omissions they supply, the errors
they rectify, or the obscurities on which they throw
light. Others of less striking interest, are valuable
as serving to fill gaps in a series which is now, I
believe, more continuous than any of the colonial
archives. But for this evening I have preferred
to dip here and there into the mass for fragments,
in themselves curious and interesting, which will
require the least amount of preface.
The first paper I shall bring to your notice is
remarkable in two respects : It is absolutely the
most ancient Maryland document known to be in
existence (for although the charter is older, of that
we have only official copies of later date) ; and it is
also remarkable as clearly showing the intentions
of the Proprietary with respect to religious tolera
tion. You are all aware that there has been much
idle discussion about this matter, many imperfectly
informed persons dating Maryland toleration from
the Act of 1649. We have now proof that this was
from the first the purpose of the founder of Mary
land; and that the Act of 1649 only formulated
the policy which had ruled in the province from
its very beginning.

36
The Ark and the Dove left Gravesend on October
18th, 1633, and proceeded to the Isle of Wight, where
thev took on board Fathers White and Altham, and
some others, and lay there until November 30th.
Just before their sailing a copy of instructions from
the Proprietary was sent to Leonard Calvert and
Messrs. Hawley and Cornwaleys, the heads of
the expedition, containing precepts for their gov
ernance during the voyage and on their arrival.
This paper is in Cecilius' handwriting, and from the
interlineations and erasures is evidently the draft
from which a fair copy was afterwards made.
[See No. 1.]
The next paper is a report by Governor Leonard
Calvert of the circumstances attending the reduc
tion of Kent Island — or rather of the trading post
upon that island — in February, 1638. Two or
three of the leading men at this post, which had
been established for the purpose of trade with
the Indians, by a firm of London merchants who
had no grant of land from any source and whose
representatives on the island were simply squatters
— these leaders undertook to hold out against Bal
timore's authority, so that he had either to throw
up his charter, or compel them to acknowledge it.
[See No. 9.]
The next paper is a long letter written in Novem
ber, 1642, by Cecilius to Leonard. We have scarcely

37

any writings from Cecilius except such as are of a
purely formal character, and it is pleasant to find
him here in confidential communication with his
brother. The whole tone of the letter is affectionate,
though the extract which I shall read is one in
which he takes Leonard sharply to task for disobe
dience of orders in granting land to certain parties
contrary to his brother's express prohibition.
[See No. 12.]
The next is a very long letter written by Charles,
son of Cecilius and governor of the Province, to his
father in April, 1672. It is full of curious and
interesting details about matters in Maryland ; but
the time will not allow me to read more than a few
sentences about the interchange of gifts between
father and son. [See No. 14.]
The last paper which I shall read is a holograph
letter from William Penn to some Marylanders
near the head of the bay. Notwithstanding the
enormous size of the grant he had received, Penn
cast longing eyes upon the Chesapeake, and was all
his life trying to extend his boundary southward at
Maryland's expense. Shortly after his charter had
been signed, he wrote to Charles, Lord Baltimore,
a letter full of friendly professions, asking and
promising neighborly comity, and desiring that

38
their conduct toward each other might be regulated
by the simple rule, " do as thou wouldst be done
to." His next step was to write a characteristic
letter to Herrman and other influential Mary
landers in the north of the province, to induce
them, partly by fair words, and partly by veiled
threats, to revolt against Baltimore's authority.
This letter I shall read. The original, as I said,
is entirely in Penn's handwriting, and bears his
seal as well as Herrman's indorsement.
[See No. 19.]
Among other interesting documents exhibited at
the meeting, were the following :
Exemplification of the Arms of Sir George Calvert.
To All And Singvlar As well Nobles, and gentles as others to
whom theis presents shall come Sir Richard St. George Knight
Norroy Kinge of Arms of the North parts of the Realme of Eng
land from the Riuer of Trent Northward send greetinge. Foras
much as auntieutly from the beginninge the virtuous and worthy
actes of excellent persons haue bene commended to the World,
with sundry monuments and Remembraunces of their good deserts
amongest which the cheifest and mostusuall haue bene the bearinge
of Signes and tokens in Sheild3, called Amies which are evident
demonstracons and Testimonyes of proues & valour dyuersly dis
tributed accordinge to the qualitie and deserts of the persons
merrittinge the same, which order as it was prudently deuised to
stirr vp and enflame the harts of men to the Imitacon of Virtue,
even soe hath the same bene, and yet is contynued to the intent
that such as haue done Commendable Service to their Prince and
Countrey either in warre or in peace, may therefore receiue due

39
honor in their owne Lyues and also deriue and contynue the same
successiuely to their posterity for euer. Amongest which nomber
for that I fynd the right Honourable Sir George Caluert Knight
one of his Maiesties principall Secretaryes of State and his aun-
cestors to haue recided in the North parts of this Kingdome, and
not only to haue liued their in the Ranke and reputacon of gent:
and bene bearers of such badges and Ensignes of honor amongest
vs, but further haue seene an exact collection made by Mr.
Richard Verstegan an Antiquarie in Antwarpe sent ouer this last
of March 1622, by which it appeareth that the said Sir George is
descended of a Noble and auntient familie of that Surname in
the Earldome of flanders where they have liued long in great
Honor, and haue had great possessions, their principall and aun
tient Seate being at Warvickoe in the said Province, And that in
theis later tymes two brethren of that surname vid : Jaques Cal
vert Lord of Seuere two leagues from Gaunt remayned in the
Netherland broyles on the side of the Kinge of Spayne and hath
a sonne who at this present is in honourable place and office in
the Parliament Courte at Macklyn, And Leuinus Caluert the
other brother tooke parte with the States of Holland and was by
them ymployed as their Agent with Henry the fourth late Kinge
of Fraunce, which Leuinus Caluert left a sonne in France whom
the foresaid Kinge entertayned as a gentleman of his bed chamber.
And further it is testefied by the said Mr. Verstegan that the
proper Armes belonging to the Familie of the Caluerts is, or,
three martletts Sables with this Creast vizt the vpper parte or
halues of two Launces the bandroll of the first Sables and the
second, or. Nowe forasmuch as I have been required by the said
Sir George Caluert Knight to make a true declaracon of what I
haue seene concerninge the worthynes of his auncestors that it
maye remayne to posterity from whence they orriginally descended
as also that at this instant their is three of that Surname and
lyniage lyvinge in three seuerall countryes beinge all men of great
emenency and honourable ymployment in the State where they

40
Hue, which otherwayes by a generall neclect might in future tyme
be forgotten and the honor of their auncestors buried in obliuion.
And withall for a further manifestacoh and memoriall of the
familie from whence he is descended. The said Sir George Caluert
is likewise desirous to add some parte of those honourable badges
and ensignes of honor which descend vpon him from his aunces
tors their to those which he and his predecessors haue formerly
borne here since their comminge into England. The premisses
considered I the said Norroy Kinge of Armes haue thought fitt
not only to publishe by the declaracon what hath come to my
hands and Knowledge concerninge the honor of this worthy
familie but also to add to the Coate of Armes which they haue
borne here in England beinge paley of Sixe peices, or and Sables
a bend counterchanged this Creast ensuinge Vizt : the vpper parte
of two halfe Launces or, with bandrolls there to appendinge the
one or the other Sables standinge in a Ducall Crowne gules as
more playnly appeareth depicted in the margent and is the aun-
tient Creast descended vnto him from his auncestors, The which
Coate and Creast I the said Norroy Kinge of Armes doe-ratifie,
approue and confirme vnto the said Sir George Caluert Knight
and the yssue of his body foreuer bearinge their due and lawfull
differences accordinge to the lawe of Armes in that case prouided.
In witnes whereof I the said Sir Richard St. George Knight
Norroy Kinge of Armes haue hereto put my hand and Seale of
my office this third Daye of December 1622. In the yeare of
the Raigne of our Soueraigne Lord James by the grace of God
Kinge of England France, and Ireland Defendor of the fayth
&c. the Twentith, And of Scotland the ffyftie and sixe.
Rd : St. George Norroy.

41

Letters Patent
Under the Great Seal of England, to Sir George Calvert, creating
him Baron Baltimore of Baltimore in the Kingdom of Ireland.
The entire space upon the parchment occupied by the Patent is about
twenty-six inches in width, by seventeen inches in height. Of this space
about eight and three-fourth inches in width by seven and one-half inches
in height at the upper left hand corner (the dexter canton) is occupied
by the initial letter J. The background of this part is black, but tas-
sellated perspectively at the bottom in squares of black and white en
riched with gold scrolled work — the whole edged with a plain gold band
about one-eighth of an inch wide. The letter J is of blue, edged and beau
tifully knotted with gold. The letter proper occupies but two sides of the
square, and its foot runs into the mouth of the Dragon of the Tudors
(tricked as a wyvern, vert, heightened with gold, and enflamed at the
mouth, legged gules), which faces to the sinister and occupies the entire
foot of the canton. In the open space between the initial proper and the
dragon is the portrait of King James the First, three-quarters profile,
facing to the sinister, sitting upon his throne, clad in a red mantle, doubled
ermine, the small clothes and hose of white silk, with gold rosettes
and trimmings (the right knee only showing ; the Garter does not appear).
He is crowned imperially, and wears the Collar and George ; in his
right hand he holds a golden sceptre surmounted by a fleur de lis, in his
left the orb. The throne is of gold ; and behind it is a curtain of deep violet
colour. From this initial letter there runs a bordure of the width of about three
and one-half inches along the top and down the left edge of the whole de
sign ; and also from the initial letter down the right edge — thus forming
three sides of the entire work (the fourth side — the foot — being folded
over and fastened down with the cords of the Great Seal which is affixed
directly beneath the centre, pendent by a metallic cord passed in and out
several times and sufficiently long to leave the Seal entirely clear of the
parchment itself). This bordure is also edged in plain gold about one-
eighth of an inch wide, and is beautifully ornamented with scrolls, urns,
grotesques, and flowers, in gold and colours minutely detailed and skillfully
done. The words "Jacobus Dei gratia Angliae" (except the initial J
already referred to) are large and done in gold upon a blue stripe of
6

42

the width of about one and one eighth inches, extending from the initial
letter across to the bordure on the right. All the lettering is in the usual
Court hand, evenly and nicely done, and in black, save as above noted.
On the upper strip of the bordure are three Heraldic trickings, viz:
(1) — {dexter, and close to the initial letter) The crest of England [ — A
lion gardant Or, imperially crowned, tail extended, statant upon an im
perial crown gold, jewelled proper, the cap red, turned ermine] — all
in front of a large escallop shell ribbed and shaded in blue. (2) — (sinister,
and at the extreme right hand upper corner of the entire work) The crest
of Scotland [ — A lion affronts gules, crowned imperially Or, in the dexter
paw a sceptre erect, surmounted by a fieur de lis gold ; in the sinister, a
sword azure, erect also, hilted and handled also of gold : sedant upon an im
perial crown of gold, jewelled proper, the cap red, turned ermine] — all in
front of a large escallop shell ribbed and shaded in blue, as before. (3) —
(centre, and half way between the two crests) The Royal Atohievement
[ — The Eoyal Arms, temp Jac. i, but not as ordinarily tricked, thus :
quarterly grand quarters : i and iv, quarterly 1 and 4 England, gules 3
lions passant gardant in pale Or ; 2 and 3 France, azure 3 fieur de lis 2 and
1, Or : ii Scotland, Or a lion rampant, within a double tressure, flory counter
flory, gules : iii Ireland, azure a harp Or, stringed silver — All within the
Garter (dark blue with gold edges, buckle, and champet of gold, the letters
Roman and gold also), the intervening space of red, ornamented with gold
scroll work spreading out behind the Garter. Above is the imperial
crown, of gold, the cap red, turned ermine. The supporters are (dexter) for
England: a lion gardant (rampant against the Garter), Or, langued and
armed gules, imperially crowned gold, the cap red : (sinister) for Scotland,
a unicorn (salient against the Garter), sable, armed, crined, unguled, gorged
with a marquif' coronet, therefrom a chain reflexed over the back and ter
minating between the hind feet in an annulet, Or. Behind the dexter supporter
are represented red and pink roses (but no white ones) with golden centres,
growing from green stalks leaved proper, etc. ; behind the sinister supporter,
green thistles with flowers purpure, growing from green stalks, thorned, and
leaved green, etc. — The whole Atchievement standing upon a greensward
coloured naturally and arranged perspectively] —
It will be seen, by any one at all familiar with English coat-armour, that
these three trickings depart considerably from the official blazon—notably
(1) in placing England before France in the quartering, (2) in tricking the
unicorn sable instead of argent, (3) in gorging the unicorn with a marquis1 coro
net instead of the royal crown, and (4) in transposing the sceptre and sword

43

in the paws of the lion upon the Scottish crest. In the blazon above
given exactness of detail has been sought, rather than mere technicality of
terms. The Great Seal affixed is that of England, temporis Jacobi primi, in
very dark green wax ; it is in a fair state of preservation, but somewhat
flattened ; and the upper part is gone entirely. What is left of it is easily
to be identified by comparison with other known examples of this Seal.
3acobii6 Dei gratia Hngliab i scocie ffrande et Hi-
bernie Rex fidei defenfor etc., <flrGl)tCptSCOptS Ducibus Marchi-
onibus Comitibus Vicecomitibus Epifcopis Baronibus Militib 3 I
Prepofitis liberis hominibus ac omnibus Offieiarijs Miniftris et
Subiectis noftris quibufcunque ad quos prefentes litere pervenerint
Salutem. (£lltll eminens | Nobilium numerus Regi fidelium et de
Republica benemerentium sit Regni decor et fulcimentum ac
gratia favoris amplioris ornentur hi merito in quibus | uberioris
servitij studia contemplamur quod nullo modo fieri poteft effica-
cius quam honoribus rite diftribuendis ex quo non solum ipfi qui
ad nobilitatem sint | evecti sed et alij etiam illorum exemplo pari
spe incitati ad virtutis studium attendantur JtOS itaque in perfona
dilecti et perquam fidelis ConfiHarij noftri | Georgij Calvert
militis morum gravitatem singulares animi dotes candorem integ-
ritatem et prudentiam et erga omnes benignitatem et urbanitatem
intime | confiderantes. Necnon mente noftra recolentes quanto fide
induftria et alacritate nobis infervivit tarn in Regno noftro
Hibernie quo propter negotia noftra ibidem | graviffima maiorif-
que momenti non ita pridem specialiter miffus fuit quam in hoc
Regno noftro Anglie perquam plures Annos precipue vero
poftquam iuxta | perfonam noftram in locum et honorem Confil-
iarij et principalis Secretarij noftri afcitus fuit. Volentefque
vt favoris noftri Regij singulare aliquod signum prefato I Georgio
et pofteris suis imperpetuum maneat ex quo non ipfe solum sed et
alij etiam perfpiciant quanti apud nos sunt eiufdem Georgij fides
et obfequia quantumque | defideramus ipfius virtutes et bene-
merita remunerare Jpfum in Procerum dicti Regni noftri Hibernie

44
numerum afcribendum decrevimus ScittttS iflttUf quod nos de
gratia noftra speciali Ac ex certa | scientia et mero motu noftris
prefatum Georgium Calvert Militem ad statum gradum digni
tatem et honorem Baronis Baltimore de Baltimore infra Regnum
noftrum Hibernie ereximus prefecimus et creavimus I Jpfumque
Georgium Calvert Militem Baronem Baltimore de Baltimore
predict' tenore prefentium erigimus preficimus et creamus, Eidem-
que Georgio nomen statum gradum stilum dignitatem titulum
et | honorem Baronis Baltimore de Baltimore impofuimus dedi-
mus et prebuimus, Ac per presentes imponimus damus et prebemus,
{jllOeilbUin et tenendum eadem nomen statum gradum stilum
dignitatem | titulum et honorem Baronis Baltimore de Baltimore
predict' prefato Georgio Calvert Militi et heredibus mafculis
de Corpore suo exeuntibus imperpetuum. T/OlCFlIBS et per
prefentes concedentes | pro nobis heredibus et Succefforibus noftris
quod pi-edictus Georgius et heredes sui mafculi predicti nomen
statum gradum stilum dignitatem titulum et honorem Baronis
Baltimore de Baltimore predict' | succeffive gerant et habeant et
eorum quilibet gerat et habeat, et per nomen Baronis Baltimore de
Baltimore succeffive vocentur et nuncupentur et eorum quilibet
vocetur et nuncupetur Quodque idem Georgius | et heredes
sui mafculi predicti succeffive Barones Baltimore de Baltimore
predict' in omnibus teneantur et vt Barones dicti Regni nostri
Hibernie tractentur et reputentur et eorum quilibet teneatur
tractetur | et reputetur, habeantque teneant et poffideant et eorum
quilibet habeat teneat et poffideat sedem locum et vocem in
Parliamentis et publicis Comitijs atque Confilijs noftris here-
dum et Succeffor' nr' infra Regnum | noftrum Hibernie inter
alios Barones vt Barones Parliamentorum et publicorum Comi-
tiorum atque Confiliorum ibidem. Necnon dictus Georgius et
heredes sui mafculi predicti gaudeant et vtantur et | eorum
quilibet gaudeat et vtatur per nomen Baronis Baltimore de Bal
timore omnibus et singulis talibus Juribus privilegijs prehemi-
nencijs et immunitatibus statui Baronis dicti Regni nostri |
Hibernie in omnibus rite et de iure pertinentibus quibus ceteri

45
Barones dicti Regni noftri Hibernie ante hec tempora melius
honorificentius et quietius vfi sunt et gauifi seu in prefenti gaudent
et | vtuntur. TJO flllllUS t till 111 et per prefentes concedimus prefato
Georgio quod habeat et habebit has literas noftras Patentes sub
magno Sigillo noftro Anglie debito modo factas et sigillatas |
abfque fine seu feodo magno vel parvo nobis in hanaperio noftro
seu alibi ad vfum noftrum proinde quoque modo reddendo sol-
vendo vel faciendo. BO (JUOO expreffa mentio de vero valore
annuo vel de | certitudine premifforum sive eorum alicuius aut
de alijs donis sive Conceffionibus per nos seu per aliquem Progeni-
torum sive Predecefforum noftrorum prefato Georgio ante hec tem
pora factis in | prefentibus minime facta exiftit aut aliquo Statute
Actu Ordinacione Provifione proclamation sive reftrictione in
contrarium inde antehac habit' fact' edit' ordinat' sive provis' aut
aliqua alia re caufa | vel materia quacunque in aliquo non ob-
ftante. Oil (CUIUS rei teftimonium has literas noftras fieri fecimus
Patentes. (LestC me ipfo apud Weftmonafterium decimo sexto die
ffebruarij Anno Regni | noftri Anglie ffrancie et Hibernie vi-
cesimo secundo et Scocie quinquagesimo octauo :
per Breve de private Sigillo :
Ebmonbes :
Examinatur per Jo : Bembowe. Translation.
JAMES, by the Grace of God, King of England, Scot
land, France and Ireland, Defender of the Faith, &c, to the
Archbishops, Dukes, Marquises, Earls, Viscounts, Bishops, Barons,
Knights, Governors, freemen, and all our officers, ministers, and
subjects whomsoever to whom the present letters shall come,
Greeting. Forasmuch as an eminent body of Nobility, faithful
to the King and well-deserving of the State is the ornament and
prop of a Kingdom, and those worthily are adorned with the grace
of more ample favour in whom We behold the zeal of more abun
dant service which in no wise can be more effectually than by
honours rightly distributed, whereby not only they who are elevated

46
to nobility, but even others also, incited by their example with a
like hope, may be drawn to a zeal for virtue. We therefore,
nearly considering in the person of Our well-beloved and entirely
faithful Councillor, George Calvert, Knight, gravity of manners,
singular gifts of mind, candour, integrity, and prudence, and
benignity and urbanity toward all men, and also reflecting in Our
mind with how great fidelity, diligence, and alacrity he has served
Us, both in Our Kingdom of Ireland, whither, not long ago he
was specially sent upon Our most weighty and very important
business there, as also in this Our Kingdom of England, through
out many years, but especially since he was advanced near our
person to the place and honour of a Councillor and Our principal
Secretary, and Willing that some singular mark of Our Royal
favour may remain unto the aforesaid George and unto his pos
terity forever, by which not only he, but Even others also may
perceive how highly we prize the fidelity and obedience of the
said George, and how much we desire to reward his virtues and
merits. We have decreed Him to be inscribed among the number
of the peers of Our said Kingdom of Ireland : Know Ye there
fore that We, of Our especial grace, and of Our Sure Knowledge
and mere motion, have exalted, preferred, and created the afore
said George Calvert, Knight, unto the estate, degree, dignity and
honour of Baron Baltimore of Baltimore within Our Kingdom of
Ireland, and Him the same George Calvert Knight, by the tenor
of these presents, We do exalt, prefer, and create Baron Balti
more of Baltimore aforesaid ; and upon the said George the name,
estate, degree, style, dignity, title and honour of Baron Baltimore
of Baltimore We have imposed, conferred, and bestowed, and by
these presents do impose, confer, and bestow To Have and to hold
the said name, estate, degree, style, dignity, title and honour of
Baron Baltimore of Baltimore aforesaid unto the aforenamed
George Calvert, Knight, and to the heirs male of his body issuing,
forever : Willing, and by these presents granting, for Us, Our
heirs and successors, that the aforesaid George and his heirs male

47
aforesaid, shall successively bear and have, and each one of them
shall bear and have, the name, estate, degree, style, dignity, title,
and honour of Baron Baltimore of Baltimore aforesaid, and suc
cessively shall be called and named, and each one of them shall
be called and named, by the name of Baron Baltimore of Balti
more : And that the said George and his heirs male aforesaid shall
successively be held in all respects Barons Baltimore of Baltimore
aforesaid, and as Barons of Our said Kingdom of Ireland shall
be treated and reputed, and each one of them shall be held,
treated, and reputed ; and shall have, hold, and possess and each
one of them shall have, hold and possess, seat, place, and voice
in the Parliaments, public Assemblies, and Councils of Us, Our
heirs and Successors within Our Kingdom of Ireland, among the
other Barons, as Barons of Parliaments, public Assemblies, and
Councils there. And also that the said George, and his heirs
male aforesaid, shall enjoy and use and each one of them shall
enjoy and use, by the name of Baron Baltimore, all and Singular
such Rights, privileges, preeminences and immunities unto the
estate of a Baron of our said Kingdom of Ireland in all things
rightfully and lawfully appertaining, as the other. Barons of Our
said Kingdom of Ireland heretofore better, more honorably, and
more peaceably have used and enjoyed, or at present enjoy and
use. We will also, and by these presents do grant unto the
aforenamed George that he have and shall have these Our letters
Patent under Our Great Seal of England duly made and sealed,
without fine or fee, great or small, to us into Our Hanaper or else
where to Our use therefor in any manner to be returned, paid or
made, Inasmuch as express mention of the true yearly value, or
of the certainty of the premises, or of any of them ; or of other
gifts or grants by Us or by any of Our Progenitors or Predecessors
unto the aforenamed George heretofore made, doth not occur in
these presents, any Statute, Act, Ordinance, Provision, Proclama
tion or restriction to the contrary thereto heretofore had, made,
published, ordained or provided, or any other thing, cause, or

48

matter whatsoever in anywise notwithstanding. In testimony
whereof these Our letters Patent We have caused to be made.
Witness Myself at Westminster on the sixteenth day of Febru
ary in the year of our Reign of England, France, and Ireland,
the twenty-second, and of Scotland the fifty-eighth.
By Writ of the Privy Seal
EDMONDES.

Will op Sir George Calvert Lord Baltimore dated 14.
Ap : 1632 and proved on 21 of the same month in
the prerogative court of canterbury.
In the name of God Amen I Sir George Caluert Knight
Lord Baltimore being ficke of bodie but well in minde doe hereby
declare my last will, and Testament to be ffirst I doe bequeath
my foule to God, and my bodie to the ground Item I doe be
queath my lands, goods, and Chattells of what nature foeuer to
my eldest fonne Cicill Caluert either in England, or Ireland, and
elsewhere Item I doe giue, and bequeath to my daughter Hellen
Caluert the fome of Twelue hundred pounds to be paied vnto hir
out of the monyes remayninge in the hands of my Lord Cotting-
ton, and S' William Ashton ffeoftees for thofe monies to the vfe of
my younger Children w°h fome I doe defire to be paied vnto hir
within fixe monethes next after my death, And I doe bequeath
the remainder of thofe monies in the ffeoffees hands aforemen-
coned (this faid porcSii being deducted) to be equally deuided
amongeft my three younger fonnes viz.' Leonard, George, and
Henry Caluert to be paied vnto them att theire feuerall ages of One,
and Twenty  refpectiuely. Item I doe giue, and bequeath to
my youngeft sonne Phillipp Caluert the fome of three hundred
pounds to be paied vnto him att the age of one, and Twenty, And
for his educacoh and maintenance in the meane tyme I doe order
and require my eldest sonne Cicell Caluert to take care, and be
att the charge thereof. Item I doe give vnto my daughter Anne

49

Peafeley and my daughter Grace Talbot each of them a Croffe
of Goulde of the valew of ffortie f hillings a peece, And likewife
to my fonne in Lawe Robert Talbott, and William Peafeley Two
other croffes of Gould of the fame valew to be given vnto them
within one moneth after my death. Item I doe give to my fer-
uant William Mafon the fome of flbrtie pounds Item I doe giue
vnto my feruant Bridgett Draycoate the fome of Twenty pounds.
Item I doe giue vnto my feruant Edward Burke the fome of ffyue
pounds All which three fomes to my feruants my will is that
they be paied vnto them within Sixe monethes next after my death.
Item I doe heereby appoint, and require my Sonne Cicill Caluert to
paie and difcharge all my debts that f hall appeare to be due And
all theife Legacies heere'before menconed that are heere Charged
vpon him And for better pformance of this my laft will, and
Teftam? I doe heereby nominate my fonne Cicell Caluert to be my
fole Execute? And desire my Noble, and auntient freinds the Lord
Vifcount Wentworth, and the Lord Cottington to be my ouerfeers
and fupuifo™ thereof whome I likewife humblie requeft to haue
a care of my poore familie, and to Patronize, and loue it as they
have bene pleafed to doe vnto mee ever fince our firft Acquain-
taunce in Cor.' and elfewhere Item I doe give alfoe which I f hould
haue menconed before amongft my kindred att Kiplie in the North
the some of Twenty pounds to be difpofed, att the difcrecon of
my Executor and fonne Cicell Caluert becaufe he knoweth the
parties. In witnes whereof I haue this ffowerteenth daye of
Aprill One Thowfand Sixe hundred Thirtie and Two putt my
hande, and feale vnto this my laft will, and Teftament. Memor
andum vpon further Confideracon my will, and pleafure is That
my fonne Leonard Caluert in regard that he is allreadie a man,
and my fecond fonne he f hall haue Nyne hundred pounds to be
paied him within fixe monethes after my death out of the monyes
remayninge in truft in the hands of the Lord Cottington, and
S? William Af hton my ffeoflTees. And the remainder of the monies
in theire hands (The faide porcoiis to my daughter Hellen and
7

50

my fonne Leonard being deducted I doe bequeath to be devided
equallie betweene my fonnes George Caluert, and Henry Caluert
to be paied vnto them att the yeares of One and Twentie. And
my will is that the firft porcoh menconed in this will to be given
to my fonne Leonard shalbe voide ; GEORGE BALTIMORE
This was figned, and fealed in the p'fence of vs And before the
faide figneing, and fealing befides the fmall interlyning in the
other page theife words (my fonne Cicell Caluert to be my fole
Executof) menconed betweene the fourth and fifte lyne of this
page befides theife other little interlinings were made. Tobie
Mathew Leonard Caluert, Will : Peasely Will : Mason.
[This copy issued out of the prerogative Court of James Archbishop of
Armagh, Primate of all Ireland and Metropolitan, and is tested June 5th,
1632.]

The Inventory of the Estate of Mr. George Calvert,
Lord Baltimore.
A true and perfect Inventare of all and singuler the goods
Creditts & Chattells of the Right hob1.? George Lord Baltimore
deceafed w°.h he had at the tyme of his death in this Kingdom of
England taken the firft day of ffebruary Ann0 Dm 1632. ftilo
Anglie and praifed by W? Peafly John Langford and Thos ffludd
as ffolloweth vizt.
Imprimis one leafe of an Annuity oryearely "
pencon of one thoufand pounds per An-
nm graunted to the fd George Lord
Baltimore his executo™ Adto™ and af-
signes by the kings Maty that now is for
the terme of one and twenty yeares be- ' VJ
ginning at the feast of the Anuncia-
coh of the blefsed Virgin Mary laft paft
to be payd by his Matyes Customers
out of the petty farmes &c

51

Item his Lopps apparrell

lxx"

Item his Lopps bookes

ij"

Item in ready money and plate

h\

Item one thoufand waight of badd Vir- ^

ginnia Tabacco yet vnfold worth 5d per I

xij»

pound J

II

Goods and ymplements of houfe & houfeholdstufie remayning
in his Lopps houfe in the backefide of Lincolnes Inne feilde vizt.
In the dyning roome.
Item tenn green cloth cheyres ij" xa
Item two great green Arming cheyres ju
Item two low green cloth cheyres x"
Item two Carpetts of cloth w^ gilded \
leather j •>
Item one paire of brafe Andirons ij"
Item one paire of yron Andyrons topt )
w* brafe J VJ'
Item firef hovell & tonges v"
Item a payre of fnufiers bellowes and two
hand-fkreenes of wicker
Item two Tables xv°
Item one window curtaine of Briftow
ftuffe and other peeces of fuch ftuffe to
line the windowes
In the litle pafeage roome ioyning to a Chamber.
Item one window curtaine of briftow ^|
ftuffe wth fome other broken peeces of V
the same J

}

In the Bedchamber
ding belonging to it

Item one green bedd laced and the bed- )

52

Item two great green cheyres laced and two 1
litle cheyres futable to the said Bedd J
Item one Cupbord covered w'1' green cotten
Item two litle window curtaines and fmall \
peeces of ftuffe about the roome J
Item one payre of Iron Andirons topt
\v'.h brafse w'h fyre shovell tonges snuf
fers & bellowes
Item a table w'.h a green cloth carpett on it

x"
x8

In another bed chamber
Item one halfe headed bedfteed w'.h a
Canopy of Norwoh ftuffe & hangings of
the fame about the room w'h a feather
bedd boulfter & bedclothes to it and a
table and one window curtaine

Vllj"

In a nother bedchamber
Item one bedfteed w'.1' furniture of Nor-
, w* ftuffe hangings Carpetts & two win
dow Curtaines of the fame ftuffe wth a
feather bedd boulfter & bedclothes to
it Andirons firefhovell tonges bellowes
fnuffers and a litle Table
Item one Trundle bedd & bedding for 1
servants /
In another chamber
Item a halfe headed bedfteed a trundle
bedd a Canopy of Norw0? ftuffe w'^ bed
ding therevnto belonging and a window
Curtaine

ill"

53

In another Chamber
Item one paire of Iron Andyrons fire-
f hovell tonges bellowes fnuffers one win
dow curtaine of Bristow ftuffe & litle
peeces of the fame ftuffe w* a litle Table _,
In the Garrett
Item one bedfteed w'? a feather bedd &
furniture to it two halfe headed bed-
fteeds wtb flockbedds and bedclothes
three Tables a prefe three Curtaines of
darning two carpetts of Norw0^ ftuffe a
paire of Andyrons fireshovell and tonges
a paire of bellowes fower leather Cheyres
and fower leather ftooles In the kitchin
Item pewter and tynne vefeells
Item vefeells of brafee & yron & other \
ymplements of the kitchin )
In the hall.
Item a fettle beadd w'h a flockbedd and "")
bedclothes to it three ioyned ftooles a
firef hovell and tonges
Item Lumbar in and about the houfe
Item in ready money remayning in the "
hands of the Lord Cottington and ST.
W"? Af hton in truft for the vfe of fome
of the younger children of the fd Lord
Baltymore and difpofed of by his will
Smmo totalis 1 .
> 1
hui-us Inventanj )

> »Jm m/

vi

Vlll

1" Xs

IX VII XX11J"

54

This copy is duly tested by Gilbert Dethick, Notary Public,
1, ffeb. 1632-3.

Tender of the First Year's Rent.
[Indorsement] 23 Aprill 1633.
Coppy of my letter | to the Deputy Constable | of Windsor Castle
when 1 1 sent my first rent | of 2 Indian Arrowes for | Mary Land. |
by John Langford.
S' By a late grant of a Territory or continent of land called Mary
Land in America, passed vnto me vnder the greate seale of Eng
land I am to pay his MaUe at every yeare on the Tuesday in
Easter weeke at his castle of Windsor two Indian arrowes : as a
yearely rent for the said Territory. wo11 Arrowes I have accord
ingly sent by this bearer my seruant to be payd accordingly.
and I desire yo1 acquittance for the receipt of them
so I rest Yor very louing freind.

Receipt for the First Year's Rent.
[Indorsement] 23 Aprill 1633
being Tuesday in Easter weeke.
A certificate of the tendring of my rent to the King at Wind
sor Castle for Mary Land : by the hands of John Langford.
Tuesday the xxiii'h day of Aprill 1633 in the Ninth yeare of the
raigne of o1 Soveraigne Lord King Charles.
Memorand. that the day and yeare abouesaid the right honorable
Cecill Lord Baltimore hath tendred and left by the handes of his
Seruant John Langford at and in the Castle of Windsor in the
Countie of Berk Two Jndian Arrowes for one yeares rent due to

55

the Kinges Ma"" this present day for a Territory or continent of
land called Maryland in America granted by his Ma"" vnder the
great Seale of England to the said Lord Baltimore vnder the
yearlie rent aforesaid. Jn testimonie whereof we have herevnto
subscribed the day and yeare abouesaid.
W Thomas keep of his Ma"M Wardrobe
James Euelegh
George Starkey

CALENDAR

OP

THE CALVERT PAPERS.

PREPARED by

JOHN W. M. LEE.

8

ARRANGEMENT.

A. MARYLAND.

Pagk

I.

Charter and Related Papers,

- 6)

11.

Colonization and Plantation,

62

III.

Government :

1. Proclamations, Orders, Commissions, &c,

64

2. Council Records,
71
3. Assembly Records, ...
72
4. Laws,
74
IV.
Land Records, Grants, &c,
76
V.
Court Records, Wills, &c,
79
VI.
Account Books,
81
VII.
Indians, ...
83
/III.
Virginia,
83
IX.
Letters,
84
B. BOUNDARY DISPUTES: DELAWARE AND
PENNSYLVANIA.
X. Lands on Delaware Peninsula, - 93
XI. Extracts prom Records in England and America, - 97
XII. Penn vs. Lord Baltimore:
1. Court Proceedings, - ... . ioo
2. Agreements, - - 105
, 3. Appointment of Commissioners, - - 106
4. Commissioners' Reports, ..... 107
5. Surveyor's Reports, - - 108
6. Maps, - - - 109
7. Letters, - - - - - 109
8. Miscellaneous, - - - 111
XIU. C. AVALON. 113
D. THE CALVERT FAMILY.
XIV. Grants, Deeds and other Documents Relating to Land,
Ac., in England. Parchment, - - - 115
XV. Personal Letters. - - 124
XVI. Heraldic Documents, - - 126
59
CALENDAR OF
THE CALVERT PAPERS.

A. MARYLAND. I.
The Charter; and Related Papers.
1632. June 12. The Charter. In Latin. 7 pp., fo. Two copies.
Same. In English. 6 pp., fo.
[Copies made about 1740.]
22 James I. March 4. Exemplification of the Patent for the
Barony of Baltimore.
Questions and Opinions as to Lord Baltimore's title to the Province
(Calvert and Eden).
The Charter of Maryland, together with the debates and proceed
ings of the Upper and Lower Houses of Assembly in the
years 1722, 1723, and 1724, relating to the Government and
Judicature of the Province. Collected from the Journals
and Published by order of the Lower House.
Philadelphia. Printed and Sold by Andrew Bradford at
the Bible in the Second Street, 1725.
Sm. fo. Title, 10 pp., Preface IV, and Proceedings, 64 pp.
The Lord | Baltemore's | Case, I Concerning the Province of
Maryland, I adjoyning to Virginia in I America | with full
61

62

and clear Answers to all material Objections, | touching his
Rights, Jurisdictions, and | Proceedings there. | And certaine
Reasons of State, why the Parliament | should not impeach
the same. |
Unto which is also annexed, a true Copy of a Commis|-sion
from the late King's Eldest Son to Mr. William | Davenant, to
dispossess the Lord Baltemore of | the said Province, because
of his adhe|-rence to this Com mon- Wealth. |
London, | Printed in the Yeare 1653.
Sm. 4o. Title. 20 pp.'
1751. May 4. Case under the will of Charles, fifth Lord Balti
more. 3 pp., fo.
1751. May 30. Another case under same. 7 pp., fo.
1761. Jan. 31. Settlementof the Province of Maryland pursuant
to Marriage Articles. [Another Copy. Parchment.]
Notes on the Marriage Settlement of Frederick,
Lord Baltimore.
1805. Mch. 15. John Clapham: Affidavit about quit-rents due
Henry Harford in 1774.
II.
Colonization and Plantation.
1633. Nov. 13. Instructions of Lord Baltimore to the first emi
grants.
[In the handwriting of Caecilius, Lord Baltimore.]
1634-5. The Lord Baltimore's declaration to the Lords,
about Molestors of the old Virginia Company.
1649. July 2. Duplicate of his Lordship's last Conditions of
Plantation. [On three sheets of parchment.]
1650. Aug. 6. Declaration of Caecilius, Lord Baltimore. [Parchment.]

63
163 ? The Lord Baltimore's Declaration about his Patent
and Molestors of the Old Virginia Company.
16 ? Heads of Inquiry relating to Maryland by Com
missioners of Trade and Plantation to Lord
Baltimore. Government of the Province.
1664. Sep. 1. Copartnership between William Allen and Henry
Sewall, for^the manufacture of Muscovy Glass
or Slade (Mica) in the Province of Maryland.
[Parchment]
A Release of Maryland Land to uses.
[Unexecuted. Parchment.]
1690. ? Petition of Charles, Lord Baltimore, to the King
for a confirmation of his grant, notwithstanding
- the words " hactenus inculto."
1704. Queen Anne. Erection of Annapolis to a city.
[Imperfect.]
17 ? The several reasons assigned by the Assembly —
the following answers woh occurred to me to
make to the Reasons. Conditions of Plantation.
1749. Petition of Charles, fifth Lord Baltimore, to House
of Commons. Paper Bills of Credit.
1753. Jan. Petition of Caecilius Calvert to Lords of the
Treasury, asking return of arms and ammuni
tion furnished the expedition to Canada.
1753. Aug. 23. Copy ofthe Proceedings ofthe Parochial Clergy of
Maryland at a meeting at Annapolis. 18 pp., fo.
1753. Oct. Account of what passed at a meeting of the
Clergy at Annapolis. 14 pp., fo.
1754. Jan. 5. Answer to Address of Clergy.
1754. July 3. Capitulation granted by M. de Villier to the
English troops in Fort Necessity.
1758. July 12. Report of Commissioners of Trade on Petition of
Assembly. Exportation of Corn.
1758. Aug. 23. Letter from Wm.'Sharpe, clerk of Privy Council,
to Lord Baltimore accompanying same.

64

1757-1758. Muster Roll of Maryland Forces, Fort Frederick.
Attested by Gov. Horatio Sharpe. 29 Sep. 1759.
1757-1758. State of Accounts of David Ross, for sums due
him on account of Maryland Forces.
1758. Sep. 16-19. Answers to Queries published in the London
Chronicle. Tax on Lord Proprietor's Lands.
1762. Answer to Remarks on the Upper and Lower
Houses.
1763. Nov. 17. Answers to Queries relnting to the Police and
Government of Maryland published in the
Public Ledger. [Imperfect.]
1764. An Account of the Paper Currency or Paper
Bills of Credit that have been issued since
Jan. 1749.
The Right of the Inhabitants of Maryland to the Benefit of the
English Laws. Annapolis, 1728. Sm. fo., 35 pp.
Preface signed by D. Dulany.
III.
Government.
Subsections : 1. Proclamations, Orders, Commissions, etc.
2. Council Records.
3. Assembly Records.
4. Laws.
1. Proclamations, Orders, Commissions, etc.
1658-1681. Book of Presidents [Precedents]. Small folio. 32
pages.
Contents :
1658. July 15. Commission to Samuel Telghman
as Admiral.
1681. Sep. 6. Commission to Judge Testament
ary to use coercive power.

65

1672. Nov. 20. Commission to Judge in Testa
mentary Cases.
Oath of Governor.
" " Chancellor.
" " Councillor.
" " Lord Proprietary's Secre
tary in Maryland.
1657. Nov. 18. Proclamation and Oath of Sub
mission.
1658. Aug. 12. Commission to Receiver General.
" " Instructions "
1671. July 29. Charles Calvert, Governor, Com
mission to Philip Calvert upon
the Governor's leaving for Eng
land.
1660. June 24. Revocation of Fendall's Commis
sion.
1660. " " Commission in event of death of
Governor.
1656. Nov. 10. Instructions to Receiver General.
1660. Aug. 24. Proclamation to apprehend Fen-
dall.
1660. " " Proclamation excluding Gerard
and Fendall from pardon.
1669/70. Mch.21. Instructions.
1660. Sep. 16. Private orders.
1660. June 21. Revocation of Fendall's Commission, [parchment]
1665/6. Feb. 16. Instructions to Charles Calvert, Governor, and the
Council. 4 pp., folio.
1665/6. Mch. 9. Same to same, about Acts to be passed. 4 pp., folio.
1667. Oct. 30. Thelling's Orders. Cessation of Tobacco planting.
1669. July 29. Commission left by Charles Calvert, Governor, on
leaving for England, to Philip Calvert as
Deputy Governor. [Parchment.]
9

66

1669-1670. Instructions about Settlement of the Seaboard.
Sm. folio. 7 pages.
Contents :
1669. July 28. To Charles Calvert, Governor.
1669. Oct. 22. Council Proceedings on above.
1669. Nov. 26. Letter from Jerome White to Col.
Lovelace.
1669/70. Mch. 20. Instructions to Charles Cal
vert, Governor.
1674. June 1. Conditions of Plantation.
1685. Aug. 10. James II. Instructions to Charles, Lord Baltimore.
Navigation Act. Signed by the King.
1715. George I. Instructions to Lord Guilford, guardian
of Charles, fifth Lord Baltimore.
Forms for entry and clearance of vessels.
1722-1736. Instructions from Charles, Lord Baltimore. Sm.
folio. 18 pages.
Contents :
1722. Dec. 5. To Nicholas Lowe.
1723. Feb. 23. " same.
1723. Sep. 27. " same.
? ? " same.
? ? " same.
1728. Apl. 5. " same.
1733. June 18. " M. Telghman.
1735. Mch. 25. " B. Tasker.
1735. May 26. " same.
1735. Aug. 2. " same.
1735. " " " Ogle.
1735. Dec. 15. " Tasker.
1735/6. Mch. 18. " same.
1728. June 19. Commission to Edward Henry Calvert as First
Member of the Privy Council of Maryland.
[Parchment.]

67

1729/30. Jan. Commission to Caecilius Calvert and Thomas
Beake as Secretaries.
1729-1750. Copies of Orders and Instructions of Charles,
Lord Baltimore. Small folio. 118 pages.
Contents :
1729. Oct. 14. Caecilius Calvert's petition to the
King on behalf of Charles,
Lord Baltimore.
1729. Dec. 18. Report of Privy Council on above.
1729. ? Petition of J. Henderson and
other clergy.
1729/30. Jan. 17. Memorial of Traders.
1729/30. " " Petition of J. Henderson.
1729/30. " 22.
1729/30. " 22. " of John Sharpe and
other lawyers, and reply of
Lord Baltimore.
1729/30. " 30. Dissent to Act of Assembly.
" " " Instructions to Governor.
" " " Additional Instructions to
Governor.
1729/30. " " Instructions to Agent.
" Mch. 9. Yorke's opinion on Acts.
? . Answer to Clergy Address.
1730. July 19. Instructions to Agent.
1730. Nov. 18. Petition of. Henderson.
? " " Traders.
1737. Aug.18. Order of Council.
1737. Oct. 12. Instructions to Ogle.
1737. " " " " Tasker.
1738. Mar. 28. Form for entering Tobacco free.
1738. May 4. Agreement between Baltimore
and Penn.
1738. May 25. Order of King on above.

68

1730/1. May 30. Answer to Assembly.
" 29. Instructions to Governor.
" " Additional Instructions to Gov
ernor.
" " Letter to Clergy.
" " " " Charles Calvert.
" " Instructions to Agent.
? " " Governor.
1732. May 5. King's additional Instructions to
Lord Baltimore.
June 16. Commissioners of Trade to Ogle.
1732/3. Feb. 23. William Jansen to Commis
sioners of Trade.
1734. Aug. 10. Additional instructions to Ogle.
1731. . ? Form of patent for appointment
of new Governor.
1732/3 ? Form in French for admission of
Palatines.
? Form of appointment for Privy
Councillor.
1733. June 18. Orders to Surveyor General.
" Agent.
" Ogle.
" June 14. Orders to Jennings.
" " " " Agent.
" " 15. Additional Orders to Agent.
1735. Mch 25. Orders to Tasker.
May 26. " " same.
" " Instructions to Jennings.
" " " " Ogle.

Aug. 2.

a

" same.

a a

a

" Tasker.

Dec. 14.

a

" Ogle.

ii ii

((

" Tasker.

1735/6. Mch. 18.

a

" same.

69

1736/7. Jan. 22. Opinion of Attorney General
on nomination of Treasurer for
Maryland.
1735. Dec. 14. Answer to Assembly.
1736/7. Jan. 10. " "
1733 ? Instructions to Receiver General.

1738. Dec. 15.
it it a
1738/9. Feb. 22.
1740/1. Jan.?
1741. Aug. 12.

Ogle.
Jennings. Tasker.
Ogle.
same.Tasker.

1741. Dec. 23. Proclamation.
1742. May 12. Speech to Assembly.
1742. " " Proclamation.
1742. " 28. Orders to Bladen.
1742/3. Mch. 24. " " same.
1742/3. " " Proclamation.
1743. Aug. 9. Orders to Bladen.
1743. " " Answer to Upper House.
1743. " " " " Assembly.
1743. July 20. Proclamation.
1743. Aug. 10. Answer to Assembly.
1743. Dec. 2. Order to Bladen.
1743. " 23. Proclamation.
1743. " 23. Orders to Bladen.
1745. Aug. 7. " "same.
1746/7. Jan. 30. " " same.
1746/7. Mch. 20. Proclamation.
1746. Apl. 2. Orders.
1746. Apl. 4. Schedule of Deeds and Papers in
Hyde Case sent to Maryland.
1746. July 6. Orders to Tasker.
1747/8. Feb. 24. " " Land Office.
1749/50. Feb. 6. " " Ogle.

70

1751-1753. Instructions in Letter Book of Frederick, Lord
Baltimore.
As under :
1752. May 10. Onslow and Sharpe, Guardians to
Ogle.
" " Same to Tasker.
July 8. Same to same.
" " Same to same.
1751. June30. Same to Ogle.
1753. Mch. 17. Frederick, Lord Baltimore, to
Sharpe.
" " " Same to same.
1753. Mch. Form of Commission for Domestic Chaplain.
Separate Instructions of Frederick, Lord Balti
more.
1754. Jan. 5. to Sharpe.
" " Lloyd.
" Apl. 17. " same.
" " " Sharpe.
" " " Upper House.
" " " " Lower House.
" Dec. 10. " Sharpe.
" " " Lloyd.
1755. Sep. 9. " Sharpe.
Oct 27. " same.
? " same. Rough draft.
1756. Mch. 9. " same.
Dec. 16. " same.
" " " Lloyd.
1757. Apl. 31. " Mr. Beadnall. Letter.
1758. Sep. 30. " Assembly.
Nov. 27. " Sharpe.
1759. Mch. 17. " same.
" 29. " William Perkins. Letter.

71

June 19. to Lords of Treasury. Letter.
1760. July 8. " Sharpe.

Oct. 30.

tt

same.

Dec. 20.

n

same.

tt tt
ii
same.
1761.
Aug.
a
same.
Oct. 8.
u
same.
H tt
a
same.
tt tt
CI
same.
1762.
June 16.
tt
same.
1765.
Jan. 16.
a
same.
1765.
tt tt
a
same.
1765.
tt tt
it
same and Council.
it
tt tt
a
same.
Rough draft.
tt
it it
tt
Sharpe.
tt
tt «
tt
same.
tt
it it
tt
aamo
" Feb. 7. " same.
" " 26. " same.
? ? ? about repositories for Archives. Two copies.
Hints to be submitted to his Lordship's perusal and consideration
only and in order to frame proper instructions to his Governor.
1751. Aug. 17. Appointment of Caecilius Calvert as Secretary
for Maryland.
1751. Sept. 1. Appointment of Edmund Jennings as Deputy
Secretary of Maryland.
1761. June 25. Bond of Daniel Dulany as Commissary General.
2. Council Records.
1638-1685. Extracts. Folio, 60 pages.
1677. Apl. 13, June 24. Sm. folio.
1677. June 24. Seating the seaboard.
1683/4. Mch. 12, 19. Planting Northern border. Fo., 4 pp.
72

1683/4. Mch. 22.
1684. Oct. 3.
1684. Nov. 5.
1685. May 30.
1685. June 1.
1685/6. Mch. 4.
1685. Apl. 10.
1715. Sep. 3.
1715-1716. Dec.-Feb.
1715. Apl. 23-25.
1716/7. Jan. 11.
1719. Sep. 10.
1736. Oct. 21.
1739. Aug. 1.
1753. Dec. 19.
1756. Nov. 13.

Talbott's commission for taking Newcas
tle and instructions about settling the
country. Folio, 4 pages.
Treaty with Indians. Folio, 4 pages.
Sm. folio. 30 pages. Council Seal.
" 12 pages.
" 16 pages.
" 17 pages.
Cresap affair.
Sm. fo. 7 pages.
" 2 pages.
" 26 pages.

3. Assembly Records.

Upper House Journals.

1717. Apl. 22.
1719. May 14.
1720. Apl. 5.
1721. July 19.
1722. Oct 10.
1723. Sep. 23.
1725. Oct. 16.
1725/6. Mch. 15
1726. July 25.
1727. Oct. 10.
1729. July 19.
1731. May 24.
1732/3. Mch. 13.

152 pp.
129 pp.
128 pp.
100 pp.
59 pp.
167 pp.
131 pp.
35 pp.
52 pp.
30 pp.
not paged,
perfect.
79Pp.
71pp.

1733/4. Mch. 19.
1736. Apl. 10.
1736. Apl. 20.
1739. May 1.
1740. Apl. 23.
1740. July 7.
1742. Sep. 21.
1746. Mch. 29.
1746. July 8.
1746. Nov. 12.
1747. May 16.
1748. May 10.
1751. May 15.

10 pp.
71pp.49 pp.
71pP. 109 pp.
not paged,
perfect.
65 pp.
32 pp.
40 pp. '
21pP.
65 pp.
69 pp.
53 pp.

73

1751.1752.1754. 1754.1754. 1754.1755.1755. 1756.1756. 1757.1757. 1758.1758.

Dec. 7.
June 3.
Feb. 26.
May 8.
July 17.
Dec. 12.
Feb. 22.
June23.Feb. 22.
Sep. 14.
Apl. 8.
Sep. 28.
Feb. 13.
Mch. 28.

15 pp.
38 pp.
12 pp.
35 pp.
16 pp.
13 pp.
50 pp.
20 pp.
81pp.
45 pp.
43 pp.
69 pp.
17 pp.
129 pp.

1758. Oct. 23. 9 pp.
1758. Nov. 22. 31pp.
1759. Apl. 4. 12 pp.
1760. Mch.22. 36 pp.
1760. Sep. 26. 23 pp.
1761. Apl. 13. 34 pp.
1762. Mch.17. 131 pp.
1758. Proceedings of both
houses on the Supply
Bill, with short intro
duction and opinion
of the Atty. Genl.
Large folio, pp. 32.

Lower House Journals.

1716. Apl. 22.
1717. May 28.
1718. Apl. 22.
1719. May 14.
1720. Apl. 5.
1720. Oct. 11.
1721. July 18.
1721/2. Feb. 20.
1722. Oct 9.
1723. Sep.
1724. Oct 6.
1725. Oct. 6.
1725/6. Mch. 15,
10

14 pp.
not paged, per
fect.
116 pp.
162 pp.
89 pp.
61pp. 90 pp.
not paged, per
fect.
not paged, per
fect. 1-5 miss
ing., 170 pp.
113 pp.
108 + 13* pp.
not paged, per
fect.

pp.

1726. July 12.
1728. Oct. 3.
1729. July 10.
1747. Dec. 22.
1749. May 24.
1751. Dec. 7.
1752. June 3.
1754. Feb. 24.
1754. May 8.
1754. Dec. 12.
1755. June 23.

1756. Feb. 23.
1756. Sep. 14.

34 pp.
172 pp.
159 pp.
19 pp.
168 pp.
31pp.
62 pp.
64 pp.
66 pp.
34 pp.
pp. 1-2, 95-
100 and all
after p. 102
missing.
all after p. 289
missing.
all after p. 106

missing.

74

1757. Apl. 8. 140 pp. 1762. Aug.27. 207 pp. 197
1TC7 Q  OQ OIK  Ort/I mioom,

1757. Sep. 28
1758. Feb. 13.
1758. Mch. 20.
1758. Oct. 23.
1760. Mch.23.
1761. Apl. 13.

245 pp.
44 pp.
all after p. 249
missing.
43 pp.
201 pp.
119 pp.

1739-1763.

204 missing.
30 Addresses from
the Assembly to
the Governor,
Lord Proprie
tary and the
King.

Votes and Proceedings of the Lower House at the sessions of
1752. June 3. two copies.

1753. Oct. 2.
1754. May 8.
1754. July 17.
1755. Feb. 22.
1757. Sep. 28.
1758. Mar. 28.
1760. Sep. 26.
1763. Oct 4.

printed.

4. Laivs.
1638/9-1739. Acts relating to support of government.
[Attested copy, 1729.]
Contents :
1638/9. Mch. 19. Ordeining Certain Laws.
1641. Mch. 28. Granting one subsyde.
1642. July 30. Support of Government.
1671. Mch. 27. same and Lord
Proprietary.
1692. May 10. Annual Revenue.
1699. Ascertaining Acts of theProvince.
1700. Apl. 4. Council, with order of Privy
Council. — Laws.
1704. Sep. 5. Annual Revenue.

75

1716. July 17. Gage of Tobacco hhds.
1716. " " Disposition of Fines.
1732. Sep. 29. Annual Revenue.
1739. Council to King.
1650. Aug. 6. Act assented unto by Lord Proprietary.
Brought from Maryland in the troublesome times.
[Five sheets of parchment.]
1650-1684. Acts. Sm. folio, 10 pages.
Contents :
1650. May. Purchasing Land from Indians.
1671. Mch. Support of Lord Proprietary.
1674. May. Gratitude to Charles, fifth Lord
Baltimore.
1676. May. Continuing the payment of 2 shil
lings per hhd.
1684. Apl. 26. Council's declaration concerning
the 2 shillings per hhd.
1649-1692. Acts. Attested in 1759.
Contents :
1649. Apl. Levying war.
1661. " Raising forces for defence.
" " Repeal of Act for Customs.
1692. June 7. " " " confirming Laws.
1649. Apl. Levying war.
1661. " 17. Repeal of Act for Customs.
" " " Support of Government.
" " " Port Duties.
1664. Sept. 27 Acts.
1666. Apl. 10. 28 Acts.
1672. May 10. Annual Revenues.
1676. Mch. 15. 21 Acts. [First and sixth leaf missing.]
1686. Nov. 19. Acts. [Parchment book.]
1688. Nov. 10 Acts.

76

1706. Apl. Act for advancement of trade and Proceedings
of the Commissioners, July 15, 1706-Sept. 2,
1707.
1715. Apl. Body of Laws. 200 pages, sm. folio.
1718. May 8. Settling bounds of several lots in Annapolis.
1744. Raising 4d. per hhd. of Tobacco for Arms. Two
copies.
1747. May 16. Selling liquors and running horse races near
Yearly Meeting of Quakers.
1754. Feb. 26. Titles and observations on Acts passed.
1754. July 24. Raising £6,000 for His Majesty's service.
175 ? Second part of Act granting supply of £40,000.
1762. Mch. Titles of Acts passed.
178 ? To procure loan and Sale of Escheat Land and
the Confiscation of British property.

Laws in force to 1727.

Sm. fo. sh., 1727.

1732. July 11.

Session Laws.

1732/3. Mch. 13.

do.

1741. June 17 1

to I
1742. Sep.-OctJ
do. on separate sheets.
official, printed
1753. Oct.
do.
1754. Feb. 26.
do.
1763. Nov. 26.
do.
Address of Assembly to Gov. Sharpe, and his reply, Apl. 14-15,
1761. Death of George II. Broadside, two copies.
Petition of Jonas Green, about Printing, 1763. Broadside.
IV.
Land Records, Grants, &c.
1633-1657. A note of all warrants for the Granting of Lands
in Maryland. 6 pp., fo.
77

1634-1660. Grants of Land in Calvert, St. Mary's, Isle of
Kent and Charles Counties. 113 pp., fo.
1639. Nov. 5. Grant to Walter Notley. [Parchment.]
1640/9. Feb. 12. Same to Abel Snow. do.
1658. July 30. Order of Cecilius, Lord Baltimore, to restore the
estate of William Nugent, Standard Bearer of
the Province, to his widow. [Parchment]
1665. Apl. 5. Grant to Jane Sewall. do.
1669. May 15. Sale of Eltonhead Manor, Calvert Co., to Charles
Calvert. [Parchment.]
Grant to George Thompson. do.
After 1662. Extracts from the Land Records.
Transcribed and attested Sep. 19, 1758.
Contents :
1674. July 13. Grant to Raymond Stapleford.
1679. Dec. 24. Richard Meekin's Certificate.
1679. Sep. 4. William Bourne's do.
1683. Sep. 10. Grant to John Kemball.
1663. May 27. Same to Francis Armstrong.
1683. May 25. John Pollard's Certificate.
1670. Sep. 1. Grant to Stephen Garey.
1680. Apl. 19. Walter Jones' Certificate.
1668. May 29. Three Grants to Thomas Taylor.
1679. Sep. 17. Thomas Smithson, assignment of Land on Miles
River to M. Morrison of London. [Parchment.]
1681. July 1. Conveyance of St. Mary's Hill, St. Mary's Co.,
from William Boreman to Philip Calvert.
[Parchment.]
1684. Oct. 11. Purchase of Land by Charles, Lord Baltimore,
from Thomas Smithson of Talbot Co.
[Parchment.]
1699. Oct. 16. Lease from Richard Bennett to Edward Somerset
[Parchment]

78
1699. Oct. 21. Lease from Edward Somerset and Charles, Lord
Baltimore, to Richard Bennett and James
Heath. Lands in Maryland. [Parchment.]
1701. Oct. 10. Grant to Charles Carroll of Land in Anne
Arundel Co. [Parchment.]
1721. Suit against Thomas Clark. Land in Prince
George's Co.
1721. Oct. 29. Deposition of E. Griffith. Land in Cecil Co.
1722. Apl. 24. Certificate of Survey of Partner's Adventure.
1722. Apl. 27, 29. Writs by Gov. Keith for apprehending Philip
Syng.
1722. May 28. Examination before Governor and Council in
Philadelphia. Questions Athea P. Syng as to
land in Maryland surveyed by him.
1722. June 18. Gov. Keith's warrant to lay out land on Susque
hanna.
1722. July 20. Bounds of manors in Cecil Co.
1722. July 24. Same.
? Petition of Inhabitants of New Munster, Cecil Co.
Bounds.
1729. Deed from Henry Darnall to John Hyde. Land
in Prince George's Co.
1731. Jan. 28. Patent of Land to Thomas Cresap [parchment],
and various depositions relating thereto on
paper.
1739. Petition of Charles Carroll. Land in Anne
Arundel Co.
1744. Same of Minister of Shrewsbury Parish, Kent
Co. Confirmation of Grant.
1745. Feb. 18. Six documents relating to a tract of land in
Prince George's County, in which Charles
Lord Baltimore, Samuel, John and Herbert
Hyde and others are interested. [Parchments.]

79

1754. Petition and other papers of Bennett Chew.
Land at Turkey Point.
17 ? Petition of Inhabitants of New Munster, Cecil
Co. Confirmation of their Grant.
r Affidavit of Moses Faudrie. Land case.
1759. Sep. 28. Copy of Farmer's Bond for collecting Quit Rents.
Forms of four warrants.
Forms of Patent for Land as issued in Pennsyl
vania and Maryland.
Same. Virginia and New York.
1622. Feb. 20. Grant from the King of an annuity of £121 13s. 4d.
to Sir George Calvert for eighty years, if George
Calvert, Esq., his son, shall so long live.
[Parchment, with Great Seal.]
1627. Apl. 20. Grant from Charles I of a subsidy on Silk to
George, Lord Baltimore. [Parchment]

Court Records, Wills, &c.
1632. Apl. 14. Will of George Calvert, Lord Baltimore. [Parchment.]
1632/3. Feb. 1. Inventory of goods and chattells of George Cal
vert, Lord Baltimore. [Parchment.]
1635. Nov. 25. Grant by the Prerogative Court of Canterbury
to Caecilius, Lord Baltimore, of administration
on the estate of his brother, Henry Calvert,
who died abroad or at sea and unmarried. [Parchment.]
1658. Divers proceedings in the Provincial Court. 8

168 ? Forms for the Provincial Court 34 pages folio.
1691. Nov. 26. Mrs. Jane Calvert's Deed of Trust for payment
of debts.

80

1694. July 10. Post-Nuptial Settlement by the Hon. Edward
Somerset on Anne, his wife, and daughter of
Charles, Lord Baltimore. Signed by Somerset
and Baltimore. [Parchment.]
1698. Two Copies of last paragraph of will of James
Murphy.
1734. Case under the Act of 1704. Support of Gov
ernment.
1718. Chancery Proceedings. Macnemara case.
1719. Case of Officers' Fees.
1721. Oct. 10. Provincial Court, Anne Arundel Co.
1725. Apl. 13. Mrs. Jane Hyde's Jointure. [Parchment.]
1728/9. Provincial Court. Nelson vs. Beale.
1732. Apl. 22. Will of Benedict Leonard Calvert. [Parchment.]
1736. Feb. 8. Duke of Beauford to Charles, Lord Baltimore
and Caecilius Calvert, security for an annuity
of £200, during life of Mrs. Brerewood.
[Parchment, unexecuted.]
1738. Aug. 5. Release from Mrs. Margaret Calvert to Charles,
Lord Baltimore, of £1000 and of his annuity
to her of £100. [Two copies on parchment and
rough draft on paper.]
? Case of Charles, Lord Baltimore, vs. Sir Abraham
Janfsen (Baronet) for recovery of Lady Balti
more's portion of Mr. Theodore Janfsen 's estate.
Two copies.
1739. Provincial Court. Daniel Dulany, Atty. Gen
eral, vs. Charles Carroll. Land case.
1739. June 9. Case under the will of Hon. Benedict Leonard
Calvert.
1740. Sept. 19. Will of William Leman. [Parchment]
1745. Oct. 31. Declaration of trust of New South Sea stock held
under the will of William Leman. [Parchment]

81
1753. Statement as to ordinary Licenses in Maryland.
1754. Nov. 16. Opinion on the Law of 1720.
1754. Statement of the 2s. per hhd. duty to the Lord
Proprietary. 41 pages, large folio.
Same, another copy. 65 pages, folio.
1754. Mch. 27. Release from Cecilius Calvert and Thomas Bladen
of sums due Frederick, Lord Baltimore, sisters.
1755. May 6. Case Maryland Duty on Convicts.
1756. Remarks on the Act made Feb. 23. Two copies.
1757. May 24. Memorial of John Stewart to Lord Baltimore.
Transportation of felons.
1757. June 25. Act for his Majesty's Service of 1754. Henley's
opinion. 5 pp., fo.
? Case on two Maryland Acts.
Testimony of convicted persons.
Punishment of negroes. 3 pp., fo.
1757/8. Remarks on the bill for support of the Lord Pro
prietary. 6 pages, others missing ; two copies.
1760. Oct. 13. Lord Proprietary vs. David Ross. Debt.
1770. May 4. Marriage Articles of John Hyde and Hon. Jane
Calvert [Parchment.]
1739-1759. Burton vs. Calvert. Land in Wiltshire. 44 papers.
1748. Earl of Shelburne. Land in Wiltshire. 20 papers.
1748. Sept. 26. Will of Robert Eden. [Parchment.]
VI.
Account Books and Related Papers.
Land office accounts for 1735, 1736, 1748, 1751, 1752, 1754, 1755,
1756, 1757, 1760, 1761. 11 volumes, small folio.
Maurice Birchfield's account of Fees. 1714-1722.
List of Bills Receivable. 1751-2-3.
Account of the Commissioners of the Paper Currency. 1739.
Account of Paper Currency issued since January, 1749.
11

82

Comrs. of Paper Currency to Lord Baltimore. Aug. 16, 1746.
Same to Trustees of Paper Currency. " " "
The usual way of raising money in Maryland for Defence. 1744.
Observations on the Defence bill. 1744.
Naval officers' accounts. 16 papers. 1753-1761.
Accounts of Quit Rents. 40 papers. 1753-1762.
Seconds of thirty-nine bills of Exchange. 1767.
Part of an account book of Benedict Leonard Calvert. 1727. 52 pp.
Rent Rolls with the earliest and latest dates of the Land Grants
in the different counties.
Talbot, 1658-1722, and Queen Anne, 1640-1724.
Calvert, 1651-1723, and Prince George's, 1650-1723.
Somerset, 1663-1723, and Dorchester, 1659-1723.
Kent, 1658-1724, and Cecil, 1658-1724.
Anne Arundel, 1651-1718, and Baltimore, 1658-1723.
5 volumes, thick small folio.
Rent Rolls of
Baltimore, 1700. Talbot, 1707.
Calvert, 1707. Somerset, 1707.
St. Mary's, 1707. Charles, 1753.
Anne Arundel, 1707. Calvert, 1753.
Cecil, 1707. Anne Arundel, 1755.
Dorchester, 1707. Calvert, 1759.
Kent, 1707. Charles, 1762.14 volumes, sm. folio.
Debt Books of
Prince George's, 1750. Baltimore, 1750.
Charles, 1750. Anne Arundel, 1750.
4 volumes, sm. folio.
Accounts of the Lords Baltimore's Revenues for 1731, 1733, 1748,
1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761.
13 volumes, small folio.
Lord Baltimore's Receipt book. 1729-1750.
Account of dividends on Lord Baltimore's stocks. 1757-1760.

83
Accounts of Henry Hooper, agent. 1773-1774.
Schedule of the Estate of Frederick, Lord Baltimore. Proven
May 27, 1783. Folio, 87 pages.
VII.
Indians.
1677. May 22. Henry Coursey to Thomas Notley. Delaware
Indians.
1677. July 20. Propositions made to the Onoudagas at Albany
by Col. H. Coursey and their answer.
1677. July 21. Propositions made to the Maquas, and Sinnecoes,
and others, and their answers.
1734. Dec. 12. Maquas Indian Letter to the King. Certified
copy with Seal of Albany.
1744. June 12. Edmund Jennings to Lord Baltimore in reference
to treaty with the Six Nations.
1744. June 30. Treaty with the Six Nations. Potomac and Sus
quehanna Lands. Three copies.
1744. July 8. Edmund Jennings to Lord Baltimore in reference
to the treaty. Two copies.
VIII.
Virginia.
1623. Oct. 8. Privy Council. Virginia affairs.
1634. July 22. King and Council to Gov. and Council, order to
give Capt. W. Button Land on Appomattox.
1634. Oct. 8. His Majesty's Letter to Richard Bennett, Gov.
of Virginia, in behalf of Mr. Clobery, concern
ing the He of Kent.
1651. Mch. 12. Articles of agreement upon the surrender of Vir
ginia to the Parliament.

84

1 652. Jan. 27. Council of State to Richard Bennett in Virginia,
about Lord Baltimore.
1662. Mch. 23. Virginia Law concerning Indians.
1667. Oct. 30. Order of Privy Council. Cessation of Tobacco
planting.
1686. Apl. 29. Trial of George Talbot for a murder committed
in Maryland. Attested copy, Mch. 16, 1 702/3,
with Virginia Court Seal.
1686. " " Same. Attested copy of 23 Jan. 1724, with Great
Seal of Virginia. IX.
Letters.
1621. Oct. 21. John Mason to George Calvert. Salt making.
1633. Apl. 23. Caecilius, Lord Baltimore, to the Constable of
Windsor Castle, tendering two Indian arrow
heads, his first year's rent for Maryland.
1633-1765. Receipts from the Constable of Windsor Castle
for the rent of Maryland.
The years represented are 1633, 1634,
1636, 1638, 1640-1643, 1655-1658, 1660-
1663, 1671-1677, 1736, 1738-1740, 1743-
1751, 1765.
Thomas Smith's relation of his voyage when he
was taken by the Marylanders.
5. Henry Ewbank's relation of his being taken
prisoner at Mattapany.
Thomas Copley to Lord Baltimore.
Thomas Cornwaleys to same. .
Richard Kempe to same.
Leonard Calvert to same.
John Lewger to same.

1635.

Apl.

?

1635.

Apl.

5.

1638.

Apl.

3,

1638.

ii

16.

1638.

ii

25.

1638.

a

25.

1638/9. Jan. 5.

85

1638/9. Jan. 5. Richard Kempe to same.
1638/9. Feb. 4. Same to same.
1638/9. " 20. Thomas [Andrew] White to same.
1642. Nov. 21-23. Lord Baltimore to Leonard Calvert.
1664. Apl. 27. Charles Calvert to Lord Baltimore.
1672. " 24-26. Same to same.
1673. June 2. Same to same.
1674. July 24. Same to Lord High Treasurer.
1679-1680. Part of a Letter Book of Charles Calvert, Gov
ernor, mostly on family affairs. Folio, 16 pp.
Contents :
1679. July 9. to ?
" " 10. to Mrs. Mary Darnall.
" " to Elizabeth Calvert.
" " to Richard Allibone.
" " " to Nicholas Lowe.
" 13. to same.
" 15. to Mrs. Byard.
" " " to Nicholas Lowe.
" " 14. to Dirck Burk.
" " " to Dunck.
" " to Gilbert.
" Nov. 24. to Dunck.
" Dec. 30. to same.
1679/80. Feb. 13. to same.
" " 26. to same.
Philemon Lloyd
1719. July 18. to ? Land Laws.
1722. " 19. to ? Copper Mines.
" " 28. to Copartners. Land office and Franklin.
" 30. to ? Boundary.
" Oct. 8. to Copartners. Same and Copper Mines.
? ? to ? Land office. [Fragment.]

86

1729. Oct. 26. Benedict Leonard Calvert to Charles, Lord
Baltimore.
1731/2. Jan. 10. Governor Ogle to same.
1733. Aug. 28. Same to same.
1749/50. Feb. 12. Same to same.
" Charles, Lord Baltimore, to Benedict Calvert,
Lloyd, Sharpe and others. Rough drafts.
Governor Thomas Bladen
1743/4. Jan. 22. to Lord Baltimore.
1743/4. Feb. 3. to same.
1743/4. " 18. to same.
1744. June 27. to same.
1744. Nov. 15. to same. Edmund Jennings
1744. June 12. to Lord Baltimore.
" July 8. to same.
" Aug. 23. to same.
" 28. to same.
" Nov. 17. to John Browning.
" " " to Lord Baltimore.
" Dec. 3. to same.
1746. Nov. Benedict Calvert to Lord Baltimore.
1765. June 24. Same to same. Stamp Act.
Daniel Dulany
? to Governor?
1743/4. Feb. 22. to Lord Baltimore.
1744. June 11. to same.
" 14. to John Browning,
" July 16. to Lord Baltimore.
" " to ?
" Nov. 24. to Lord Baltimore.

87
1764. Sept. 10. to ? Criticism of Sharpe.
? to Lord Baltimore. Pages 9-10 only.
? ? Benjamin Tasker
1743/4. Feb. 20. to Lord Baltimore.
1744. June 4. to same.
" " to same.
" " to John Browning.
" 16. to Lord Baltimore.
July 12. to same.
Sept. 17. to same.
to same.
to John Browning.
to Lord Baltimore.
to same.
to John Browning.
" to Lord Baltimore.
18. to John Browning.
1744/5. Mch. 15. to Lord Baltimore.
1755. Sept. 29. to John Browning ?
1760. Sept. 12. to Caecilius Calvert.
? '? to ?
Entry of Letters on several occasions from the Rt. Hon. Frederick,
the Lord Proprietor of Maryland and Avalon.
Also
From the Hon. Caecilius Calvert, his Lordship's uncle, and Secre
tary for the affairs of the Province, and
Orders and Instructions, &c, being dispatches to the Governor
and the several officers and others in Maryland.
Begun September the 17th, 1751, pp. 199. Small fo. Vellum.
1751. Sept. 17. Lord Baltimore to Ogle.
1751. Dec. 20. John Sharpe to same.

Oct.

20

Nov.

20

a

it

a

22

Dec.

3

88

1751. Dec. 20. John Sharpe to Jennings.
1751. " 24. C. Calvert to Ogle.
1751. " " Same to Jennings.
1751. " " Same to Tasker.
1752. May 15. C. Calvert to Ogle.
1752. " " Same to Jennings.
1752. " " Same to Tasker.
1752. " " Same to John Ross.
1752. June 12. John Sharpe to F. J. Paris.
1752. July 8. Onslow and Sharpe to Tasker.
1752. " 9. C. Calvert to same.
1752. " " Same to same.
1752. " " Same to same.
1752. " " Same to same.
1752. " " Same to Jennings.
1752. " " ; Same to Darnall.
1752. " " Same to Young.
1752. " " Same to Steuart.
1752. " " Same to Benedict Calvert.
1752. " •' Same to Edward Lloyd.
1752. " " Same to David Graham.
1752. " " Same to John Ross.
1752. " 29. Guardians' petition to King about Boundary.
1752. Aug. 22. C. Calvert to Tasker.
1752. '¦ " Same to Jennings.
1752. Sept 14. Same to Rev. Thos. Bacon.
1752. July 28. Lord Baltimore to same.
1752. Sept. 14. C. Calvert to Tasker.
1752. " " Same to Jennings.
1752. " 25. Same to Dulany.
1752. " 30. Same to Tasker.
1752. Dec. 11. Same to same.
1752. Nov. 17. Report of Board of Trade on Petition of
Guardians. Boundary.

89
1749/50. Feb. 28. Extract from Report of same. Account of
expenses Canada expedition.
1752. Dec. 11. C. Calvert to Jennings.
1752. " " Same to Darnall.
1752. " " Same to Geo. Stuart.
1752. " " Same to Benedict Calvert.
1752. " " Same to Edward Lloyd.
1753. Feb. 16. Same to Tasker.
1753. " " Same to Darnall.
1753. Mch. 7. Lord Baltimore to the King.
Appointment of Horatio Sharpe as Governor.
1753. Mch. 17. Lord Baltimore. Speech to Assembly.
? Frederick, Lord Baltimore, to ? Prejudice of
Marylanders against him.
1756. Dec. 21. Same to Sharpe. Revenue of Province.
1765. Feb. 7. Same to same. Ordinary Licenses.
Caecilius Calvert, Secretary,
? to ? about Henderson.
1754. Jan. 5. to Rev. Thomas Bacon.
" " " to Sharpe.
" Dec. 10. to Lloyd.
" to Sharpe.
1755. Jan. 12. to Sharpe. Two copies.
" Dec. 23. to same.
1756. Mch. 9. to Lloyd.
" to Sharpe.
1758. Nov. 27. to Tasker.
Enclosure, John Hyde to Hugh Hammersley,
Sept. 14, 1758.
1758. Nov. 27. to Sharpe. Imperfect.
1759. Sept. 20. to Dulany.
" Nov. 12. to Dr. Nichols.
12

90

1759.

1760.
1760. 1760.1761.

1762,

Nov. 17. to Hunt.
" 18. to Young.
" to Tasker. Two.
" " to G. Steuart
" " to Benedict Calvert.
Apl. 5. to Tasker.
Nov. 2. to same.
Dec. 2. to Sharpe.
20. to same. Imperfect.
Mch. 17. to same.
Oct. 8. to Rev. Thomas Bacon. Imperfect.
" to Sharpe.
June 29. to Lord Baltimore.
Aug. 30. to same.

4(

Sept. 28.

to

same.

((

Oct. 5.

to

same.

it

" 15.

to

same.

a

'• 28.

to

same.

n
Nov. 12.
to
same.
a
Dec. 24.
to
same.
1763.
Jan. 18.
to
same.
((
Aug. 21.
to
same.
Mason and Dixon start.
tt
Nov. 18.
to
same.
Rents.
1764.
Jan. 10.
to
same.
Rough draft.
tt
tt («
to
same.
Full copy with additions.
a
" 30.
to
same.
?
to
same.
Imperfect.
1764.
Mch. 28.
to
same.
Imperfect.
((
a a
to
same.
it
June 1.
to
same.
ii
July 2.
to
same.
1765.
Jan. 16-:
Feb.
9. to Sharpe.
Two.
a
Feb. 26.
to I
same.
<»
Feb. 26.
to
Lloyd.
91
1765. May 21. to Sharpe.
? ? to Mr. Sharpe (John?).

Governor Horatio Sharpe

1753. Sept. 14. to C. Calvert (extract).

1754. Nov. 5. to ?

1755. Oct. 22. to Lord Baltimore.

1756. Mch. 8. to C. Calvert.
1757. Dec. 26. to same.
? ? Memoranda by Sharpe, Lloyd and others.
Two
copies.
1758. July 9. to Lord Baltimore.
1759. July 13. to C. Calvert.
1760. Apl. 14. to Secretary Pitt.
May 23. to Lord Baltimore.
" 26. to C. Calvert.
July 7. to same.
Oct. 12. to same.
Dec. 20. to Lord Baltimore.
" 22. to C. Calvert.
1761. Apl. 19. to same.
May 5. to same.
* 5. to TjotA Bal»»BK*ft.
Oct. 22. to same.
" to C. Calvert.
Not. \i. to Latxl Baltimore.
" 13. to C. Calvert
1762. May 11. to same.
June 21. to same.
Sept. 12. to same.
" 25. to same. Two copies.
Oct. 11. to same.
Nov. 3. to same.
1763. Apl. 26. to same.
1764. Aug. 22. to same. Imperfect.
/ 92
1765. July 10. to C. Calvert.
1767. Mch. 11. to Lord Baltimore.
June 15. to same.
1755. Oct. 3. Richard Lloyd to B. Tasker.
1756. May 9. John Sharpe to Lord Baltimore.
1756. June 19. William Sharpe to ?
1757. May 25. D. Wolsleaholme and J. Ridout to Gov. Sharpe.
1758. July 28. Benj. Young to C. Calvert.
1758. Nov. 3. David Ross to Gov. Sharpe.
1762. Sept. 16. Thomas Cresap to C. Calvert.
Hugh Hammersley

1760. June 28. to C.

Calvert.

1762. June 23. to Lord Baltimore.

1763. Feb. 15. to

same.

" 25. to

same.

1764. Sept. 11. to

same.

? to
same.
? to
same.
Ben net Allen
1765. May 3. to Lord Baltimore
>
1767. Jan. to
same.
Feb. to
same.
Imperfect.
June 21. to
same,
Aug. 27. to
same.
Sept. 3. to
same.
? to
same.
A Poem.
? to
same.
A Postscript,
1762. June 12. Capel Hanbury to ?
1764. Mch. 26. C. and O. Hanbury to ?
1764. Aug. 13. J. Ridout to ?
93

1765. Aug. 25. J. M. Jordan to Lord Baltimore.
? ? Same to same. Imperfect.

B. BOUNDARY DISPUTES; DELAWARE AND
PENNSYLVANIA. X.
Lands on the Delaware Peninsula.
1629-1674. Translations, Notes and Extracts taken from the
Dutch Records of New York. 1753. Mr.
Jacob Goelet, Interpreter. By Lewis Evans.
Relating to Grants on Delaware and various
Maryland affairs, attested before Gov. Delancey
by Goelet and Evans. Sm. 4o., half calf, pp. 176.
[Great Seal of New York attached.]
1641. Mch. 12. Copy of exemplification of grant by Charles H
to Duke of York. 4 pp., fo.
1660. Apl. 8. Grant by Charles II to Duke of York of town of
Newcastle. 23 pp., fo.
1664-1675. . Inspeximus of New York Records ; Boundaries
of neighboring colonies ; Nicholls' Commission ;
Duke of York's Grant ; and other documents
relating to settlements on Delaware. July 29,
1740. [Great Seal of New York. Parchment]
1664. Apl. 2-26. Same. -Duke of York's grant ; Commission of
Nicholls. Oct. 17, 1735.
[Great Seal of New York. Parchment.]
Same. Another copy. Oct. 20, 1735.
1664. June 24. Copy of part of Deed from Duke of York to
Lord Berkeley and Sir George Carteret. No. 2.
2 pp., fo.

94

1664. July 22-Oct. 1. Inspeximus of New York Records ; Letter
from Gov. Winthrop of Conn, to Gov. Nicholls,
and other documents relating to Dutch on
Delaware. Oct. 20, 1735. [Parchment]
1668. June 16. Exemplification of a grant on west side Delaware
Bay to Isaac Holme and others. Aug. 18, 1735.
[Parchment.]
1671. May 1. Confirmation of grant from Col. Lovelace to
v Simeon Brent. Land on west side Delaware
Bay. 3 pp., fo.
Same. 2 pp., fo.
1671-73. Extracts from the Registry Books kept by James
Weedon and Francis Jenkins, surveyors of land
on the seaside and Delaware Bay. 22 pp., fo.
1671-73. Grants of Land on or near Delaware. Copy
made about 1750. Sm. fo.
Contents :
1671. July 15. Daniel Brown. On Seaboard.
1671. " " John Collison. same.
1670/1. Jan. 30. John Rhodeson. same.
1674/5. Mch. 22. Lord Proprietor. Manor in
Somerset.
1671/2. Feb. 4. Randall Revell. Indian Neck.
1673/4. Mch. 17. Lord Proprietor. Manor of
Somerset.
1671/2. Feb. 10. Robert Catlin. Near Indian
Neck.
1671/2. " 13. same same.
1671/2. Feb. William Thompson. Island Creek
— Rehoboth Bay.
1672. May 21. John White. Montmore.
1672. " 8. Andrew Gundry. Gundry's De-
light.
1672. " 10. Charles Prouse. Prouse's Re
covery.

95

1672-1686.

1672. May 10. George Sealy. Sealy's Delight.
1672. " " John Boteler. Newington Green.
1672. " 11. William Coulter. Cheive Chase.
1672.. " " Mathew Wilson. Nottingham.
1672. " " William Winsmore. Pipe Elm.
1672. " 14. William Prentice. Prentice's 2d
Choice.
1672. " 22. Daniel Browne. Charing Cross,
1672. " 17. Richard Patee. Seiuse.
1672. " 15. Richard Kemball. Partner's
Choice.
1672. " 12. Henry Smith. Kodder.
1672. " 16. same. Porshows.
1673. Aug. 1. Robert Ridgely. Friend's Choice.
Extracts or Copys of Severall Grants or Pattents
of Land recorded in the Land Record Books
of the Province of Maryland. Exhibitt No. 4.
9 pp., fo.
Contents :
1672. Nov. 10. Liber W. C. No. 2, fo. 176.

1682. 1672. 1682.1684.

17. same. No. 5, fo. 336.

Nov. 17.
Apl. 5.

same.
same.

No. 5, fo. 335.
No. 4, fo. 139.

1686. May 10.
1675. Sept. 23. Payment made to Indians for Land on west side
Delaware. 1 p., fo.
1682-8. Grants of Land on or near Delaware. Copy
made about 1750. pp., fo.
Contents :
1683. June 28. Col. Vincent Lowe. Talbot Co.
Col. Talbot. New Ireland, Cecil
Co.
1682. June 12. John Stevens. Durham Co.

96

1684. Apl. 5. John Stevens. Durham Co.
1684. " 25. Ephraim Hermann. St. Augus-
.tine Manor.
" " same. same.
1687. Sept. 20. Richard Pattey. Somerset Co.
1688. June 12. same. . same.
1688. July 22. Robert Ridgely. On Delaware.
1683. Nov. 29. Edward Dwyro. New Ireland,
Cecil Co.
1683. May 10. same. same.
1683. Aug. 29. same. New Munster,
.Cecil Co.
1683. May 10. . same. same.
1.683. Sept. 29. same. . New Ireland,
Cecil Co.
1686. May 10. Thomas Casey. same.
Col. Talbot. Cowe Creek, Cecil
Co. same. Izembergh, same.
1682. Aug. 20. Copy Duke of York's grant to William Penn of
Newcastle and twelve miles around. Fo., two
copies.
1682. Aug. 24. Exemplification of Duke of York's grant of New
castle, the twelve mile circle and land south of
Newcastle to William Penn. From the New
York Records, Oct. 17, 1735. .
[Great Seal of New York. Parchment.]
Same. Another copy made Oct. 20, 1735.
1683. Talbot's Commission and Demands, etc. 7 pp., fo.
Contents :
1683. Sept. 17. Talbot's commission from Lord
Baltimore to demand all land
on west side Delaware below
40° from William Penn.

97

1683. Sept. 24. Talbot's Demand of N. Moore.
" Oct. 31. An answer to a demand made to N.
Moore, Penn's .Deputy. Con
siderations upon the answer.
1683. Copies of warrants for land on Delaware Bay.
1685. Nov. 1. Order in Council. Division of the Peninsula.
1685. Nov. 13. Order of Privy Council dividing the Peninsula.
1716. May 16. Attainder of Col. Robert Talbot, of Hexham.
Order to seize his Real and Personal Estate in
Cecil and Talbot Counties. Attested Copy,
Sept. 27, 1759.
1717. Oct. 21. Petition of Earl of Sutherland to King for grant
of the Three Lower Counties. 6 pp., fo.
same. 10 pp., fo.
1725. Jan. 6. Appointment of meeting. Earl of Sutherland's
petition.
1753. Oct. 20. Lewis Evans to Gov. Sharpe, with a Summary of
the Dutch Records of New York, with a map
showing distribution of Land under agreement
of 1732. 12 pp., 4o.
1756. Apl. 16. Report of Board of Trade on petition of Caleb
Evans praying a grant of all Islands in Dela
ware River and Bay.
XI.
Extracts from Records in England and America.
Extracts from Council Records. Large folio, pp. 5-28, 33-44.
Contents :
1659. Oct. 7. Liber H. H., pages 44-59.
1661. May 13. same. 97-99.
1661. " 21. same. 108.
1661. July 1. same. . 110-112.
1661. Sept. 19. same. U7-119.
13

98
1669. Oct. 22. B. pages 16-17.
1670. Sept. 19. C. B. 35-36.
1671. Dec. 6.
1672. C. B. 110-113.
1683. Mch. 12. R. R. 59, 63.
1683. " 22. same. 72,76.
1684. Aug. 7. same. 118-119.
1684. Oct. 4. same. 123.
1684. Nov. 5. same. 144.
1685. May 30. same. 230-231.
1685. June 1. same. 235-236.
1685/6. Mch. 5. same.
Extracts from Council Records. Sm. fo., pp. 62. Copy made
about 1726.
Contents :
1659. Aug. 3, Oct. 6-9. Liber H. H, pages 42-59.
1661. May 21, July 1. same. 97, 108, 110, 113.
1669. July 8, Oct 22. K. K. 3, 4, 6, 7, 14, 15.
1673. Oct. 1. R. R., parti. 20.
1677. June 24. same. 122.
1683/4. Mch. 12, 19. R. R., part 2, 59, 63, 72, 73, 75.
1684. Apl. 5. same. 79.
1684. May 12. C. B., No. 1. 86, 88.
1684. Oct. 3, Nov. 5. R. R. part 2. 115-118, 121-
123, 142-144.
1685. May 30, June 1. same. 203,225,232,235, 236.
1685/6. Mch. 5. same. 314, 317.
1650. May. Act Purchasing Lands from Indians,
W. H, 116-117.
Hermann's Patent, C.B., No. 1 , 59-65.
1670. Dec. 23, 24. C. B. pages 40.
1672. June 19, 20. same. 110, 106.

99
1672. July 11, 12. C. B. pages 113, 115.
1672. Dec. 16, 18. same. 118, 119.
Copies of papers from the Plantation office. About Penn's Grant.
Transcribed in 1735. Sm. fo., pp. 28.
Contents :
1680. June 14. Council to Mr. John Werden.
Werden to Council.
1680. June 23. " to Blaithwayt.
1680. " " Barnaby Dunck and Richard Burk to Wer
den.
1680. Oct. 16. Werden to Blaithwayt.
1680. Nov. 6. Council to Attorney General.
1680. Nov. 18. Blaithwayt to Lord Baltimore's Agent.
1680. " 20. Werden to Blaithwayt.
1680. " 20. same to same.
1680. Dec. 16. Council Summons to Lord Baltimore's agent.
? Penn's Boundary settled by Lord Chamber
lain.
? Attorney General to Lords of Trade.
1681. Feb. 24. Report of Mr. Penn's patent.
Proceedings before Committee of Trade.
1683, Apl. 17, 27 ; May 30 ; June 12. 1683/4, Feb. 12 ; July 2 ;
July 16, 23 ; Sept. 30 ; Dec. 9. 1684/5, Mch. 17 ; Aug. 18,
26 ; Sept. 2 ; Oct. 8, 30 ; Nov. 7.
Privy Council.
1680, June 14, 25 ; Nov. 1 ; Nov. 11 ; Dec. 16. 1680/1, Jan. 15,
22; Feb. 24.
1682. Aug. 1. Copy Duke of York's Grant of Pennsylvania to
Penn.
1633. July 3. Privy Council on Remonstrance of Virginia
against Lord Baltimore's patent.
1638. Apl. 4. Privy Council on Claiborne's petition.

100
XII.
Penn vs. Lord Baltimore.
Subsections: 1. Court Proceedings.
2. Agreements.
3. Appointment of Commissioners.
4. Commissioners' Eeports.
5. Surveyors' Reports.
6. Maps.
7. Letters.
8. Miscellaneous.
1. Court Proceedings.
1743. June 9. Defendant's interrogatories to prove copy of Order
on Claiborne's claim in 1638, with the nature
and authority of the book in which that order
is entered, also a copy of the order of Council
in 1696. 3 pp., fo.
1743. June 9. Before Lord Chancellor about Orders of Apl. 4,
1638, and July 7, 1696. 1 p., fo.
1743. July 15. Agreement of Solicitors to enlarge time for taking
testimony. 1 p., fo. Two copies.
1743. July 19. Order of Master of the Rolls to enlarge time of
publication. 4 pp., fo.
1743. Oct. 26. Notes taken on a former hearing in 1743. 3 pp.,
fo. Three copies.
1747. May 14. Penn's Bill. 66 pp., fo.
1747. Nov. 7. Answers of Charles, Lord Baltimore, to the Bill.
Revivor and Supplemental Bill of Penn's. 4pp.,fo.
1747. ? List of Evidence for Plaintiff. 12 pp., fo.
1747. ? Proofs for Defendant. Pp. 83-110.
1747. ? Abstract of Exhibits for Defendant. Nos. 1, 2, .
3, 4, 6, 7, 7, 9. 14 pp., fo.
1747. ? Depositions on Plaintiff's part. Pp. 44-110.
same. Four imperfect copies.

101
1740. Oct. 20. Attested copy of Deed from William Penn to
William Standly for five thousand acres in
Pennsylvania. May 4, 1682. No. 3. 4 pp., fo.
1742. June 17. Publication to be further enlarged for a month.
1 p., fo.
1742. July 13. same, for three weeks. lp.,fo.
1742. ? Affidavits of F. J. Paris about postponements.
1742. ? Defendant's instructions. 10 pp., fo.
1743. June 6, Affidavit of F. J. Paris to be added to above.
2 pp., fo. Three copies.
1743. ? State of the case between Baltimore and Penn as
found among his Lordship's papers. 4 pp., fo.
Six copies.
1743. ? Notes of the Argument made use of by the Lord
Chancellor on the former hearing in 1743, with
a copy of Gov. Ogle's letter of Dec. 1, 1750.
3 pp., fo.
1743. June 2. Affidavits of John Sharpe and Hugh Hammersley
about finding the order of April 4, 1638, on Clai
borne's Petition. 9 pp., fo.
? Defendant's interrogatories to prove copy of order
made on Claiborne's claim in 1638. 10 pp., fo.
1743. June 3. Affidavit of W. Rowlandson as to the delivery of
Notice of Motion. 1 p., fo.
1743. June 9. Breviate of additional depositions taken under
the order of 9 June, 1743, with a copy of the
Articles. No. 4. 14 pp., fo. Six copies.
1699. Petition of Charles, Lord Baltimore, to the Queen
against Order of 7 Nov., 1685. No. 4. 4pp.,fo.
1699. Same. With letter from the King to Lord Bal
timore reciting grant made to Penn, and,
1681. 2 mo. 10th. Letter from William Penn to Lord Baltimore.
1699. ? Petition of William Penn to the Queen, offers to
carry out former instructions of 1683-4-5, with
Letters of

102

1677. Aug. 24. William Popple to William Penn.
1678. Aug. 20. Nicholson to Lords of Trade.
1697. June 10. [Title of] Address of Council of Maryland to ?
1697. Sept. 1. William Penn to Markham.
1697. Sept. 2. Lords of Trade to Nicholson.
1699. Sept. 20. same to Blackiston.
1735. June 21. Brief, Bill and Answer for Defendant [Baltimore].
43 pp., fo. Six copies.
1735. ? Case of the Defendant 15 pp., fo. Three copies.
same, with memoranda. Two copies.
1735. Oct. 9. Brief on part of Plaintiffs [Penns]. 7 pp., fo.
same. 3 pp., fo.
? Petition of Charles, Lord Baltimore, to the King.
2 pp., fo.
1735. ? Memoranda of Evidence read for the Plaintiff.
3 pp., fo. Five copies.
1748. Feb. 21. Defendant's instructions to oppose notice of motion.
8 pp., fo.
1749. Depositions on Plaintiffs. 45 pp., fo.
1749. Jan. 10. Notice to Defendant of an examination of wit
nesses. 1 p., fo. Two copies.
1749. Feb. 26. Petition of Lord Baltimore to Lord Chancellor
to hear cause, with Lord Chancellor's order.
1 p., fo.
1749. Instructions to move on petition of Feb. 26. 2 pp.,
fo. Three copies.
1750. ? Additional Brief of Penn. 4 pp., fo.
1750. . State of the amendments made by Plaintiffs to
their Bill since argument of Defendant's plea.
No. 8. 15 pp., fo. Two copies.
1750. May 7. Further evidence of Plaintiffs. 3 pp., fo.
1750. May 15. Notes of Lord Chancellor on pronouncing his
decree. No. 13. 7 pp., fo. Three copies.
1750. May 30. Breviate Supplemental Bill and Answer and

103

Proceedings subsequent thereto. No. 3. 11
pp., fo. Three copies.
1750/1. Mch. 16. Petition of Penn on the Decree. 5 pp., fo.
Two copies.
1750/1. Mch. 19. Affidavit of F. J. Paris about Commission un
der the Decree. 17 pp., fo.
1751. Mch. 27. Petition of Solicitor of Baltimore on same. 2 pp.,
fo.
1751. Mch. 29. Order of Lord Chancellor. Circle round New
castle. 26 pp., fo.
1751. Mch. 29. same. same. 1 p., fo.
1751. Apl. Petition of Penn to the King. 3 pp., fo.
1752. Petition of Lord Baltimore, to oblige Penn to join
in ascertaining the Boundary. No. 5. 3 pp., fo.
1752. Mch. 22. Affidavits of John Browning and Hugh Ham
mersley. 4 pp., fo. Three copies.
1752. June 30. Penn. Petition about Commissioners. 3 pp., fo.
1752. Nov. Brief on two Petitions (one of Baltimore, the
other of Penn) to the King. For the Defen
dant in support of their petition. 22 pp., fo.
Four copies.
1753. Petition of Penn to have the line run under the
Decree. 3 pp., fo.
1753. Mch. 22. Instructions to oppose petition of Penn. 14 pp.,
fo. Two copies.
1753. May 1. Instructions for a conference with the Speaker.
1 p., fo.
1753. May 4. Instructions to attend a Conference at the Speak
er's on the two petitions. 1 p., fo. Two copies.
1753. June 21. Further instructions in the affair of Penn and
Baltimore. For the petitioner Baltimore. 6 pp.,
fo. Two copies.
1753. Nov. 28. Petition of Penn to the King to have line run
under the Decree ; recites agreement of 1732

104

and Decree of 1750 ; asks for Commissioners
to define Boundary. 6 pp., fo.
same. 3 pp., fo.
1754. Mch. 25. Case of Frederick, Lord Baltimore. 9 pp., fo.
1754. Jan. 21. Petition of Frederick, Lord Baltimore, to House
of Commons on his claims. Sm. fo., printed.
1754. Nov. 8. Penn's Bill. 637 pp., fo.
same. 48 pp., fo.
1755, Mch. 17. Notice to attend Conference at Mr. Henley's,
1 p., fo.
1755. May 7. Plea on behalf of Lord Baltimore. 45 pp., fo.
Two copies.
1755. July 21. Instructions to move amendments to original bill.
2 pp., fo.
1756. Aug. 14. F. J. Paris's paper on East and West line and
Lord Baltimore's answer. 1 p., fo.
1757. ? Short hints as drawn up by Lord Baltimore's
Solicitor for better consideration of the instru
ment of confirmation prepared and tendered by
the Solicitor of the Penns. 8 pp., fo. Three
copies.
1759. May 29. Heads of matters agreed upon between Counsel
on both sides. 1 p., fo.
1760. ? Penn's Bill. 219 pp., fo.
1761. Brief for Defendant. 21 pp., fo. Two copies.
1761. July 23. Attorney General's and Solicitor General's opinion
on the Agreement. 11 pp., fo.
1762. ? Answer of Lord Baltimore to Bill of Com
plaint of Penns. Indenture of 1760. 2
pp., fo.
1762. Feb. 2. Brief for Defendant. 21 pp., fo. Three copies.
1768. Aug. 20. Report of Attorney General and Solicitor General
on Petitions of Lord Baltimore and Messrs.
Penn.

105
After 1760. Copy Bill in Chancery as prepared by the Attor
ney of the Penns and approved and signed by
the Solicitor General, intended to be filed.
3 pp., fo.
After 1730. Lord Baltimore's case, with opinion of Mr. Wil-
braham and Mr. Jodrell. 4 pp., fo.
? Petition of the Penns to the King with answers
thereto. 12 pp., fo. Two copies.
? Copy of Mr. Browne's notes for his intended
argument. 19 pp., fo. Two copies.
1736/7. Lancaster Co., Pa. Trials of Disturbers of the
Peace. 7 pp., fo.
2. Agreements.
1732. May 10. Articles of Agreement, with copy of MSS. map
annexed. 6 pp., fo.
same. without map. 6 pp., fo.
same. same. 3 pp., fo.
1733. Printed Title page of and the Penn Map to Agree
ment of 1732. Sm. fo.
1732. ? Observations for Lord Baltimore on the Agree
ment as now adjusted and on Mr. Wilmot's
proposed alteration thereon. 5 pp., fo.
1750. Mch. 16. Depositions in regard to the Agreement of 1732.
15 pp., fo.
1750. May 15. Lord Chancellor's decree on Articles of 1732.
2 pp., fo.
1750. same. 11 pp., fo.
1750. Draft of Indenture. 28 pp., fo.
1750. June 26. Penn's Solicitors' proposed alterations. 2 pp., fo.
1756. Draft of Indenture. 26 pp., fo.
1756-7. Draft of Indenture as originally prepared by the
Penns, with the several alterations proposed
14

106

therein by Lord Baltimore's Counsel. No. 1.
27 pp., fo. same. 28 pp., fo.
1757. Aug. 8. Draft of Agreement, with Penn's Solicitors'
amendments to and alterations, and Letter of
F. J. Paris. 3 pp., fo.
1757. Aug. 8. Same, with some short answers thereto. Nos. 2-3.
5 pp., fo.
1759. May 28. Heads for a conference between Attorney General
and Solicitor General for final settlement of
intended agreement. 2 pp., fo.
1759. May 29. Heads of matters agreed upon between Coun
sel. 1 p.
1760. June. Draft of Agreement. 33 pp., fo.
1760. Observations on the Draft prepared by the Penns.
1760. July 4. Agreement. 21 pp., fo.
same, with map in margin. Two copies.
[Parchment.]
1760. July 5. Penn's release to Lord Baltimore of past costs and
damages. [Parchment.]
1761. July 23. Attorney General's and Solicitor General's opinion
on the Agreement. 1 page, fo.
1762. Aug. 2. Petition to confirm Agreement. 36 pp., fo.
1768. Aug. 20. Report of Attorney General on the various Agree
ments and Indentures. 2 pp., fo.
3. Appointment of Commissioners.
Lord Baltimore's.
1750. June 28. Draft of Commission. 5 pp., fo.
1750. June 20. Alterations on above proposed by Penns. 3pp.,fo.
1750. June 28. Commission, full copy. [Parchment]
1760. July 5. Same. Map in margin. Two copies, do.
1761. Apl. 30. Commission enlarging time. Two copies, do.

107
1763. July 4. First draft of request to Governor to assist Mason
and Dixon, with loose memoranda. 3 pp., fo.
Same, with memoranda incorporated. 3 pp., fo.
1763. Aug. 4. same. [Parchment]
1763. Feb. 9. Commission enlarging time. Draft. 5 pp., fo.
1763. Feb. 15. same. Draft.
same. [Parchment.]
1764. June 2. same. Draft altered to Nov., 1765.
1765. Dec. 14. same. [Parchment.]
1766. Nov. 1. same. do.
1767. Nov. 2. same. Draft.
same. [Parchment.]
1750. June 30. Draft of Commission. 5 pp., fo.
1763. Feb. 15. Commission to enlarge time. [Parchment.]
1763. July 4. Request to Governor to assist Mason and Dixon.
Draft. 3 pp., fo.
1764. Aug. 4. same. [Parchment.]
1764. June 2. Commission enlarging time. do.
1765. Nov. 28. Same. Part missing. do.
1766. Nov. 1. Same. do.
1767. Nov. 2. Same. do.
1763. Aug. 4. Baltimore and the Penns' Agreement with Mason
and Dixon. Close copy. 4 pp., fo.
Same with colored wood-cut, 1732. Map in mar
gin. [Parchment.]
4. Commissioners' Reports.
1732-1733. Copys of several papers exchanged and delivered
between the Commissioners appointed for exe
cuting the Articles of Agreement between the
Proprietarys of Maryland and Pennsylvania.
No. 8. 24 pp., large fo.
Another copy called "A State of the Commission
ers' Proceedings." 80 pp., folio.

108
1750. State of the Commissioners' Proceedings under
the decree of 1750. 12 pp., fo.
1750. Nov. 15-24. Proceedings of the Joint Commissioners. At
tested copy. 23 pp., sm. fo.
1751. Apl. 22-June 17. Same. 9 pp., fo.
1751. Apl. 22-29. Same. Attested copy. 20 pp., fo.
1760. Sept. 19-Nov. 18. Same. Maryland Commissioners. i2pp.,
sm. fo,
1760. Nov. 19-Dec. 11. Same. Joint do 16 pp., fo.
1760. Dec. 11-18. Same. Maryland do 2 pp., fo.
1761. Mch. 25-June 25. Same. Joint. 10 pp., fo.
1761-1762. Oct. 19-Apl. 30. Same. 7 pp., fo.
1762. Apl. 29-30. Same. 4 pp., fo.
1762. Sept. 14-15. Same. 4 pp., fo. Two copies.
1762. " " Two Propositions of the Maryland Commis
sioners.
1763. July 15-21. Proceedings of Joint Commissioners. 17pp.,fo.
1763. Oct. 20-Dec. 10. same. 8 pp., fo.
5. Surveyor's Reports.
1751. Apl. 26-June 15. Emory and Jones' Journal. 20 pp., fo.
1752. Apl. 16-June 15. same. 9 pp., fo.
1760. Dec. 12-18. Copy of Instructions and Journal. 8 pp., fo.
Two copies.
1760-1762. Journal, No. 1, Dec. 13-June 15, with diagrams.
88 pp., sm. fo.
1762-1763. Same, No. 2, July 31-Aug. 30. 56 pp., sm. fo.
1762. May 24-June 15. Journal. 4 pp., "
" July 31-Aug. 16. same. 4 pp., "
" Aug. 17-Sept 1.
" Sept. 2-9.
" Sept. 18-Oct. 23.
" Oct. 25.
" Oct. 6-25.
1763. Mch. 30.

same.

4 pp.,

a

same.

3 pp.,

"

same.

4 pp.,

a

same.

lp.,

it

same.

3 pp.,

tt

same.

lp.,two

copies,

109
1764. Dec. 4. Mason and Dixon to ? 4 pp.
1768. Jan. 29. same to H. Hammersley. 3 pp.
1768. Penns and Baltimore in account with Mason and
Dixon.
1769. Feb. 24. Same with Receipt in full of Lord Baltimore's
moiety. 6. Maps.
1732. Map of Proposed Boundary. Printed by B.
Franklin, and usually found with the printed
Articles of Agreement of 1732. Wood-cut Two
copies.
Same. Colored.
Same. Copper-plate.
Same. MS. on parchment.
1749. Lewis Evans' Printed Map of Pennsylvania, New
Jersey, New York and Three Delaware Coun
ties. L. Hebert, Sculp.
Same. Colored.
1751. Emory and Kitten's MS. Map of Taylor's and
James' Island, Dorchester Co., Md., June 15,
1751.
? MS. Parchment Map of the Circle around New
castle, showing property touched by the tan
gent.
1768. Engraved Map of the final award of the Joint
Commissioners with their report on parchment.
Two copies. 7. Letters.
1681. Apl. 10. William Penn to Lord Baltimore.
" Sept. 16. Same to Frisby, Lloyd and others.
1682. June 5. Charles, Lord Baltimore, to Capt. Wm. Mark-
ham.

110

1682/3. Mch. 12. William Penn to Lord Baltimore.
1683. May 30. Same to same.
1683. June 6, Same to same.
1713. June 9. Charles, Lord Baltimore, to Deputies of Pa.
1722. July 14, Philemon Lloyd to Lord Baltimore.
1722. Sept. 11. Same to same.
1732. Aug. 18. Same to same.
1732. ? Same to same. Pp. 9-15.
1732/3. Feb. 17. P. Gordon to same.
1725. Mch. 22. Charles Lowe to P. Lloyd.
1749/50. Jan. 31. P. Gregory to Lord Baltimore.
1750. July 27. Same to same.
" Aug. 4. Same to same.
1750/1. Feb. 23. John Sharpe to Edmund Jennings.
1752. May 28. Same to F. J. Paris.
1752. Sept. 14. Edmund Jennings to C. Calvert.
1753. May 5. C. Calvert to Thomas Penn.
1753. Aug. 18. Same to John Sharpe.
1755. Apl. 27. E. Jennings to C. Calvert.
1756. May 3. John Penn to Lord Baltimore.
1756. June 19. William Sharpe to ?
1760. Nov. 29. Stephen Bordley to C. Calvert.
1760. Dec. Gov. Sharpe to Charles Goldsborough.
? Queries submitted to C. Goldsborough and his
answers. Two copies.
1760. Same to D. Dulany.
1760. Gov. Sharpe to S. Bordley. Two copies.
Additional Queries submitted to S. Bordley. Two
copies.
1761. Feb. 24. S. Bordley to H. Sharpe.
? Same. Answer to Queries.
1761. Apl. 22. Charles Wilmot to C. Calvert.
1761. June 19. C. Calvert to Hugh Hammersley.
1763. Sept. 25. Same to Lord Baltimore.

Ill
8. Miscellaneous.
1680. Mch. 4. The Charter of Pennsylvania. 2 pp., sm. fo.
Copy made early in 18th century.
168 ? Col. Talbot's Conference with William Penn. 10
pp., fo.
1682. Dec. 13. Conference between Lord Baltimore and William
Penn at Col. Tailler's on the Ridge in Anne
Arundel Co. 7 pp., fo. .
1683. May 31. The sum and substance of what was agreed and
spoken by Charles, Lord Baltimore, and Wil
liam Penn at that private conference at New
castle. 3 pp., fo.
Same. Attested by Lord Baltimore. 2 pp., fo.
The state of the Lower Counties in relation to
Penn. 2 pp., fo.
1715. The Claims of the Proprietors of Maryland and
Pennsylvania stated. 16 pp., fo.
1720. Aug. 29. [Logan's] A plain view of all that has been said
or publickly talked for these twenty years last
past concerning the boundaries of Maryland and
Pennsylvania. 3 pp., fo.
Sundry observations relating to Lord Baltimore's
claims. 4 pp., fo.
1722. Jan. 19. Proclamation of Governor reciting order of Privy
Council, Nov. 13, 1685.
1736. Oct. 21. Resolution of Governor and Council on Cresap
affair.
1737. Apl. 20. Depositions about burning Cresap's house, and of
Cresap's house being in Maryland. 35 pp., fo.
? MS. Map of headwaters of the Potomac and ad
jacent country, showing Indian towns. Two
copies, one with memoranda.
A letter from a gentleman in Pennsylvania to his friend in Mary
land, with some reasons why the Northern Boundary of

112

Maryland is limited to 39 degrees, together with an answer
to the foregoing letter.
Mch. 27, 1749, May 1, 1749, Apl. 12, 1751, with five MS. Maps
on three sheets, and a wood-cut of Smith's Map of 1606 ;
engraved by J. Senex, 1735. 43 pp., sm. fo.
Same. Three other copies without maps. Each 17 pp., large fo.
Some short observations upon the Penselvanian Map and ground
less objections against the undoubted rights and bounds of
Maryland. 9 pp., fo.
Gov. Ogle's observations on the demands of the Penns. 4 pp.,
large fo. Five copies.
175 ? An account of the question in dispute between
Baltimore and Penn, with a draught (map) of
Maryland, Pennsylvania, Virginia and New
Jersey.
1751. Apl. 12. Agreement between Lord Baltimore and Abra
ham Taylor in reference to evidence to be fur
nished. [Parchment.]
The Case of the Province of Maryland, touching the outrageous
riots which have been committed in the Borders of that
Province by inhabitants of Pennsylvania. To be heard
before the Lords of the Council, 23d Feb., 1737. 3 pp., fo.
Remarks on a Message of the Upper House to the Lower House
of Assembly in 1762.
[Philadelphia: B. Franklin,] 1764. pp., sm. 8o.
[In a contemporary letter of D. Dulany, this pamphlet is said to
have been written and printed by Franklin.]
Justice of taxing the American Colonies demonstrated. London, 1766. 8o.
Treaty of 1794. London, 1795. 8o.
Case of the British Merchants trading to America. London, 1804. 8o.
Extracts from Long's Astronomy to shew that a parallel of Lati
tude is a due East and West line. 21 pp., fo.

113
1763. Aug. 4. Dr. Bevis' and Mr. Harris' Hints on running the
Tangent Line.
Signed by Cecilius Calvert, John Penn, and Rich
ard Penn.
Opinion of Robt. Henley on the Tangent Line.
Reasons by Lord Baltimore's Mathematician for a superficial
measure. 2 pp., fo. ~_
Proposals of Mr. Caecilius Calvert on the tangent.

C. AVALON. XIII.

1623. James I. Patent to Sir Geo. Calvert, of Avalon.
Copy in English. 11 pp., fo.
Same. Copy in Latin. 9 pp., fo.
1634. Inspeximus of the charter of Avalon.
[Great Seal. Parchment.]
1638. Nov. 13. Charles I. Patent of New Foundland to Hamil
ton Pembroke Holland and Dr. David Kirke.
10 pp., fo.
1651/2. Mch. 11. Deposition of James Pratt. Avalon Patent.
2 pp.
1652. Examination of Annie Love and others before
Commissioners at Ferry land. Avalon Patent.
45 pp., fo.
1652. May 5. Petition and Remonstrance of Sir David Kirke
about Avalon. May 5. Two papers.
1652. Aug. 30. Answers of Amy Taylor to her examination.
Avalon Patent.
1652. ? Deposition of John Stevens. Avalon Patent.
1653. The Lord Baltimore's case concerning Avalon.
1663. Aug. 30. Act made by the tenants of Avalon. Fishing, etc.
15

114

1670. Lord Baltimore's case concerning Avalon.
The same. [Printed broadside.]
1674. June 1. Commission to Robt. Swanly as Lieutenant of
Avalon. [Parchment.]
1677. Mch. 30. Order of Privy Council Building in Newfoundland.
1677. Apl. 11. George Pearson to Lord Baltimore advising him
of above order.
1677 ? State of the business of Newfoundland and the
fisheries. 11 pp.
1753. Lord Baltimore's petition relating to appointment
of a Governor for Avalon. 6 pp., fo. Three
copies.
1753. July 26. Privy Council order referring above to Commis
sioners of trade.
1754. Copy, case of Lord Baltimore relating to Avalon,
with Earl of Northumberland's opinion, with
report of Attorney-General made upon his
Lordship's petition for leave to appoint a
Governor.
Enclosure. Duplicate of Petition of 1753.
Bounds of the Province.
1756. Petition of Worthington Brice for working mines
in Newfoundland.
? Fred., Lord Baltimore's petition to King relating
to the Province of Avalon. 7 pp., fo.

115

D. THE CALVERT FAMILY.
XIV.
Grants, Deeds and other Documents relating to Land,
etc., in England. Parchment.
The Arundels.
14 Elizabeth, Trinity Terra. Fine and surrender by Wil
liam Lord Burghley and
others, to Matthew and
Charles Arundell, of Man
or of Semley.
40 Elizabeth, 21 July. Covenant by Sir Matthew Arun
del, and signed by him.
? 14 Elizabeth, 25 June. Wm. Cecil, Lord Burghley, to
Matthew Arundel, to Anthony,
Viscount Mountague.
1582. 24 Elizabeth, 25 Oct Sir Matthew Arundel to WilUam
Arundell. Land at Tilbury,
Wiltshire. Signed by Matt.
Arundel.
27 Elizabeth, 19 June. Sir Matthew Arundell, of Ward-
our. Land in Dorset.
28 Elizabeth, 23 Oct. Deed from Sir Mathewe Arun
dell, of Wardour Castell, to
Anthony Vycount Mountague,
K. G., and others. Land in
Dorset. Signed by Mountague
and others.
1598. 41 Elizabeth, 14 Dec. Will of Sir Matthew Arundel,
Knight. Signed Matt. Arun
dell.
45 Elizabeth, 1 Dec. Sir Thomas Arundel, grant of
Christ Church Manor. Signed

116

45 Elizabeth, 24 Jan.
1 James, 20 Oct.
13 James I, 13 Nov.
14 James I, 12 Dec.
15 James, 10 May.
1633. 9 Charles, 1 June.
1636. 12 Charles, 30 Apl.
1637. 13 Charles, 2 July.
1637/8. 13 Charles, 28 Feb.

by Tho. Arundell, witnessed by
Thomas Arrundell, of Wardo
Castell, and others.
John Bodenham to and from Sir
Thomas Arundel, surrender
and lease of Manor of Semley.
Thomas Arundel, of Wardour, to
John Barnes. Signed by John
Barnes.
John ffoyle, for Lord Arundel.
Signed by John ffoyle.
Decree in Chancery. Earle vs.
Earle. Certified by Great Seal.
Christ Church Manor.
Same to Garrett Weston and
William Hocher. Signed by
Thos. Arundell.
Same to Edward, Lord Gorges,
of Dondalke, and others, Manor
of Semley. Signed Thos. Arun
dell.
Same. Appointmenttouses War-
dor Castle and other property.
Same to J. Reynell and William
Sandys. Land in Dorset.
Signed by Reynell and Sandys.
Articles, Agreement betweane
the Lord of Shrewsbury and
My Lord Arundell as to the
intended marriage of the Earl
to Frances, daughter of said
Thomas. Signed Shrewsbury.
(Cancelled). Witnessed by
Lord Baltimore.

117

1628. 12 Oct.

1639. 15 Charles,

1639. 15 Charles, 20 June.

1639. 15 Charles, 16 Aug.

1639.

15 Charles,

1 Oct.

1639.

15 Charles,

3 Oct.

1639.

15 Charles,

16 Oct.

1639.

15 Charles,

25 Oct.

1639.

15 Charles,

6 Nov.

1641.

lMch.

1641.

1653/4.

19 July.

20 Feb.

True Copie of the declaration
sealed by My Lord, Thomas
Arundell. Signed by Tho.
Arundell.
Rt. Hon. Thomas, Lord Arun
del, of Warder, to Cecill, Lord
Baltimore.
Thomas, Lord Arundell, to Ce
cilius, Lord Tisbury- Wilts.
Signed by Tho. Arundell Bal
timore.
Same to Caecill, Lord Baltimore.
Manor of Semly. Signed C.
Baltimore.
Same to same. Same property.
Signed Tho. Arundell.
Covenant between same. Same
property. Signed Tho. Arun
dell.
Counterpart of Grant from same
to same. Same property.
Indenture between same.
Tilbury and Semley. Signed
Tho. Arundell.
Myles Phillipson and others, to
Cecill, Lord Baltimore.
Cecill, Lord Baltimore, and Wm.
Catchmayd, Fishmonger. To
supply salmon caught. (Un
executed).
Thomas, Lord Arundell, of War-
dour. Relating to the probate
of his will.
Cecil, Lord Baltimore, to Thomas
Hooper. Land in Dorset.

118

1655. 1 Mch. Agreement between Cecill, Lord
Baltimore, and Humphry
Weld, of Lulworth, and Clare,
his wife, and Catherine Ewre,
widow, two of the daughters
and co-heirs of Ladie Anne
Arundell.
31 Henry VIII, Jan. 30. Grant by Henry VIII of a licence
to Cristofer Conyers, son and
heir of Robert Conyers.
5 Elizabeth, June 28. To George Conyers. [Great Seal.]
26 Elizabeth, Feb. 13. Lease to Thomas Conyers, son
of George Conyers, by Hon.
William Cecil Knight, Lord
Burghley, and Thomas Sex-
aforde. With Schedule at
tached. Signed by W. Burgh
ley.
40 Elizabeth, Nov. 3. Lease, from Hurvey Hastinges
to Thomas Lyne, of Wyke
Farm, in Co. Southampton.
Case of Outlawry of Charles
Calvert in Ireland in 1689.
17 ? Broadside. Two copies.
1720. May 4. Marriage Articles of John Hyde, Esq., and the
Hon. Jane Calvert. Signed Charles Baltemore.
Witnessed, Ben.. Leo. Calvert. ?
1751. Case upon the three Maryland Acts, and Opinion.
Two copies.
1751. Two papers. Case on Marriage Settlement of
Frederick, Lord Baltimore.
1751-4. A paper relating to the portions of Caroline and
Louisa Calvert.
1751. June 11. Appointment of Cecilius Calvert and Thomas
Bladen as guardians of Caroline Calvert.

119
1751. Nov. 23. Frederick, Lord Baltimore vs. Onslow and others.
Three papers.
? Seven papers in the Francis Brerewood case.
? Executors of Charles, Lord Baltimore, vs. Fred
erick, Lord Baltimore. Defendant's Answer.
26 pp., fo.
1753. Nov. 12. Richard Barnet to Jno. Morgan. Amount of
debt due by Frederick, Lord Baltimore, and
Release to Lord Baltimore endorsed thereon.
Danby Wishe.
1601. 42 Elizabeth, Mch. 5. Grant of the advowson of the
rectory of Danby. Signed
by Richard Etheryngton and
Henricus Best.
1603. 1 James I, Oct. 20. Thomas Conyers, Christopher
Conyers and George Pudsley
and William Moynell. Grant
to Grover Pudsey and others.
Signed by Thomas and Chris
topher Conyers.
1608. 6 James I, Dec. 5. Robert Dawe and Robert Typ-
per. Danby Wiske and various
Manors in Suffolk, Norfolk,
&c. Signed by Robert Dawe.
1611. 9 James I, Aug. 7. Radulphus Rookeby to Marma-
duke Sympson. Signed by
Ru. Rokeby, Roger Tockett,
William Tockett and Myles
Taylor.
1612/3. 9 James I, Mch. 21. Raphe Rookebye and others to
John Constable. Signed by
Raphe Rookebye and Myles
Taylor.

120
1615/6. 13 James I, Feb. 13. George Calvert . and Richard
Forster. Signed by Ri : Fors-
ter.
1617. 14 James, June 19. George Calvert, Esq., to James
Morley and James Pennyman,
Jr. Signed by James Morley.
1622. 20 James, Dec. 6. Sir George Calvert, Knight, to
Walter Mallory, Danby
Wiske — and on separate sheet
of parchment, North East
Shore in Moulton. Signed by
Geo. Calvert.
1623. 20 James, Dec. 6. Same. Signed by Walter Mal
lory.
1623. 20 James I, Dec, 7. A Declaration of Trust. Sir
George Calvert, Knight, Sir
Henry ffane, William Peaseley
and Philip Darnall. Signed
by Geo. Calvert. Two sheets.
1694/5. Feb. 18. Charles, Lord Baltimore, and
Thomas More. Signed by T.
. More.
Kiplin or Kipling.
39 Elizabeth, June 15. Bargain and Sale of the tytles of
Kipling from Henry Scroope
and Cuthbert Pepper. Signed
by Henry Scroope.
21 James, Feb. 18. Sir George Calvert, in chancery,
with part of the Seal.
1677. 29 Charles II, Aug. 5. Charles, Lord Baltimore, Chris
topher Smithson and Leonard
Smithson to George Smithson
and others. Signed by Ch.

121 Baltimore, Christopher and
Leonard Smithson.
1677. 29 Charles II, Aug. 6. George Smithson, Nicholas Lowe
and Charles, Lord Baltimore.
Declaration of Trust. Signed
by George Smithson and Nich
olas Lowe.
3 Charles, Mch. 20. Sir George Calvert to Cecil Cal
vert, to levy a fine on all his
lands in Yorkshire. Signed
Geo. Baltimore.
Same. Signed Cecill Calvert.
1678. Mch. 15. Charles, Lord Baltimore, to
Henry Lowe and others. Kip-
lin, Danby, &c. Signed C.
Baltemore.
Moulton.
16 James I, Nov. 28. The King to Sir George Calvert.
(Calvert family grs. of land
in Eng.)
1643. 19 Charles, Aug. 11. Cecill, Lord Baltimore, Hugh
Smithson, Jerom Roystone, Jr.
and Peter Coles. Signed C.
Baltemore.
Counterpart of same. Signed by
Smithson, Roystone and Coles.
1648. 24 Charles, Dec. 1. Hugh Smithson, Jerom Royston,
Jr., Peter Coles, William Bur
nett and James Clement.
Signed by first three. Tested,
C. Baltemore.
24 Charles, Dec. 2. William Burnett, James Clem
ent and Cecill, Lord Baltemore.
16

122

With a schedule of various
deeds. Signed C. Baltemore.
1676. 29 Charles II, Mch. 8. James Clement, Charles, Lord
Baltemore, and Richard Alle-
bond. Grant. Signed by Jas.
Clement and Ch: Baltemore.
" " " 9. Release. Signed by same.
31 Charles II, Mch. 14. Charles, Lord Baltimore, Henry
Lowe, Nicholas Lowe and
Thomas Gilbert. Signed C.
Baltemore.
Semley.
9 Elizabeth, July 20. Henry Baynton, Francis Bayn-
ton and Roger Bodenham.
1608. Dec. 5. Edward Thurlande to John
Manyngham. Signed by
Manyngham.
1655. Aug. 16. Rowland Piatt and William
Kuype to Cecill, Lord Balti
more. Signed by Piatt and
Kuype.
? Lands in Berks, Wilts and Ox
ford.
1616. May 13. Pitzhanger, Middlesex. Rich
ard Lee. Conveyance in fee
of the Manor of Pitzhanger.
Signed by Richard Lee.
Same. Signed by same.
East Pulham.
1571. Dec. 12. An exemplification of dismission of evidence.
Carle vs. Arundel. Three sheets.

123
1653. Feb. 20. Conveyance from Sir Thomas Reynell and others,
trustees, to William Constantine and Raphe
Darnall of East Pulham and Berne Meadow,
held in trust under the will of Thomas, Lord
Arundel, for his grandson, Henry Arundel.
Signed by J. Reynell and witnessed by C. Bal
temore, John Langford and others.
1658. July 7. Nicholas Gould, Cecill, Lord Baltimore, William
Constantine, Raphe Darnall, Robert Haworth
and Richard Whitehead. Signed by Gould,
Haworth and Whitehead.
Same. Signed by Haworth and Whitehead.
Same. Omitting name of First. Signed by same.
32 Charles II. Wragg's Recovery. ?
1 James II. Same. ?
Waterford, Ireland.
1709. June 21. Conveyance by Charles, Lord Baltimore, and
others, of lands in County Waterford to James
Taylor. Signed C. Baltemore and Fran.Wyse.
St. Giles in the Fields.
1697. Oct. 15. Charles, Lord Baltimore, to William Spencely
Brownlow Street With schedule. Signed by
Spencely.
1734. Mch. 31. Counterpart of assignment of lease from Lord
Baltimore to Raphe Lane. Signed by Ra.
Lane.
1731. July 8. Manor of Chesterton, Huntingdon.
1732. Oct 12. William Genew, of Ham. Co., Surrey, to Caecilius
Calvert, Esq. Counterpart of Mortgage.
1745/6. Feb. 17. Power of Attorney from John and Henry Hyde
to Thomas Bladen, Benjamin Tasker and D.
Dulany.
1745/6. Feb. 18. Same from Samuel Hyde to same.

124
1745/6. Feb. 18. Same from Charles, Lord Baltimore to Thomas
Bladen and Benjamin Tasker.
Epson.
1709-1766. Eighteen parchments and papers.
Eden Papers.
1748. Sept. 26. Tested copy of Will of Robert Eden, Hon. Spen
cer Cowper, Duke of Durham, to Sir John
Eden, Baronet.
1762. July 3. Same to same.
1764. Jan. 9. Same to same. License to assign. Two copies.
" " 11. Sir John Eden, Baronet, to Robert Eden.

XV.
Personal Letters.

1731. Sept. 6. Henry Jernegen to Lord Baltimore.
1740/1. Feb. 6. John Dacosto to ?
1741. Oct. 3. C. Calvert to John Sharpe.
1744. June 1. Two receipts. Theo. Janssen.
1753. Dec. 14. Lord Baltimore to Lady Baltimore.
1756. Mch. 6. Duke of Devonshire to Lord Baltimore.
1756. Mch. 23. Duke of Bridgewater to same.
1756. May 8. Earl of Waldegrave to same.
1756. May 9. Earl of Hertford to same.
1756. May 9. Earl of Northumberland to same.
1756. June 6. Same to same.
1756. June 6. Earl of Waldegrave to same.
1756. June 8. Earl of Jersey to same.
1758. Aug. 20. Duke of Bridgewater to same.
1758. Aug. 24. Earl of Jersey to same.

125

1758. Aug. 24. Duke of Bedford to same.
1758. Aug. 25. Earl of Essex to same.
1758. Sept. 1. Lord Gower to same.
? Same to same.
1759. Apl. 11. C. Pratt to same.
1765. Apl. 7. Stapleton to same.
? Earl of Halifax to same.
Lord Baltimore to ?
Same to Lady Diana Egerton.
1756. May 13. Same to Lady Baltimore.
Lady Di. Egerton to Lord Baltimore.
Same to same.
Lady Baltimore to same.
Same to same.
Same to same.
Mr. Wroughton to same.
Mr. and Mrs. Grenville to same.
Louisa Calvert to Lady Baltimore.
1763. Feb. 12. Frederic Juboch & Co. to Lord Baltimore. In
French.
" Apl. 13. Baron de Fries to same. In French.
" Apl. 18. E. Wieman to same. In German.
" May 17. Baron de Fries to same. In French.
" July 15. Same to same. In French.
" Nov. 7. Hammond Habbach to Sir John Eden.
" Dec. 9. John Bowlby to R. Eden.
1764. Apl. 20. Meynard to Lord Baltimore.
" July 1. Lord Baltimore to ? In Italian.
French letter to Lord Baltimore.
An account against same. In Italian.
Six memoranda and bills relating to same.
Memoranda about Northwest Passage. 30 pp.
" concerning travelling. 151 pp.
Colored plan of Battle of Dettengen, 1743.

126
Map of part of Russia, 1734.
Colored MS. plan of Cronstadt and St. Petersburg, 1737.

XVI.
Heraldic Documents.

1622. Dec. 3. Confirmation of Arms to Sir George Calvert.
Granted by Richard St. George Norroy, King at
Arms. [Emblazoned.] Signed Ri : St. George
Norroy.
1624. Patent under the Great Seal creating George Cal
vert, Baron Baltimore of Baltimore in Ireland.
[Emblazoned with Great Seal.]
1656. Pedigree of the families of Jarmy Mynn and
Wyndham, prepared for Mr. Justice Wyndham.
[With numerous Coats of Arms tricked and
emblazoned.]
1785. Apl. 6.' Confirmation of Arms to Lady Frances, Mary
Wyndham (daughter of Frederick, last Lord
Baltimore). Signed Isaac Heard, Garter prin
cipal King at Arms, and Thomas Lock, Claren-
ceux King at Arms. [Emblazoned. Seals.]
1746. Feb. 3. Patent appointing Charles Fifth Lord Baltimore
Cofferer of the Household to H. R. H. Fred
erick, Prince of Wales. [Seal.]
1746. Feb. 3. Another as Surveyor General to H. R. H. Fred
erick, Prince of Wales. [Seal.]

THE CALVERT PAPERS

? FIRST SELECTION.

CONTENTS.

No. Paoe.
1. Lord Baltimore's Instructions to Colonists, 131
2. Thomas Smith's Account op his Capture, - 141
3. Henry Ewbank's Account of his Capture, - 145
4. Secretary Kemp to Lord Baltimore, - 149
5. The same to the same, - 152
6. The same to the same, 155
7. Thomas Copley to the same, - - 157
8. Thomas Cornwai.eys to the same, - 169
9. Gov. Leonard Calvert to the samk, - - - 182
10. Secretary John Lewger to the same, 194
11. Father Andrew White to the same, 201
12. Cecilius, Lord Baltimore, to Gov. Leonard Calvert, 211
13. The same, Declaration to the Lords, 221
14. Gov. Charles Calvert to Cecilius, Lord Baltimore, 229
15. The same to the same, - 252
16. The same to the same, - 277
17. Part of a Letter-Book of Gov. Charles Calvert, - 305
18. William Penn to Charles, Lord Baltimore, - 322
19. The same to Frisby, Jones, and others, 323
20. The same to Charles, Lord Baltimore, - 325
21. The same to the same, - - - 327
22. The same to the same, - - - 328
23. Charles, Lord Baltimore, to William Markham, - - 330

17 129

THE CALVERT PAPERS.

No. 1.
LORD BALTIMORE'S INSTRUCTIONS TO
COLONISTS.
[Indorsement.] 15 Nouem. 1633.
A Coppy of
Instructions to Mf Leo.
Caluert, Mf Jerom Hawley
& Mf Tho. Cornwaleys the
Lo : Baltimores Gouernor &
Comissioners of his prouince
of Maryland.
In the 5* Article some
directions is given con
cerning Cap. Cleyborne.
Instructions 13 Nouem : 1633 directed by the Right HoIlO,'!',
Ceciliiis Lo : Baltimore & Lord of the Prouinces of
Mary Land and Avalon vnto his well beloued Brother
Leo : Caluert Esqf his Lop? Deputy Gouernor of his
prouince of Mary Land and vnto Jerom Hawley and
Thomas Cornwaleys Esq? his LopF" Comissioners for the
gouernment of the said Prouince. 131

132

1 . Inpri : His Lopp requires his said Gouernor & Com
missioners th? in their voyage to Mary Land they be very
carefull to preserue vnity & peace amongst all the passengers
on Shipp-board, and that they suffer no scandall nor offence
to be giuen to any of the Protestants, whereby any iust com
plaint may heereafter be made, by them, in Virginea or in
England, and that for that end, they cause all Acts of Romane
Catholique Religion to be done as priuately as may be, and
that they instruct all the Romane Catholiques to be silent
vpon all occasions of discourse concerning matters of Re
ligion ; and that the said Gouernor & Comissioners treate the
Protestants w'h as much mildness and fauor as Justice will
permitt. And this to be obserued at Land as well as at Sea.
2. That while they are aboard, they do theyre best endeau-
ors by such instruments as they shall find fittest for it,
amongst the seamen & passengers to discouer what any of
them do know concerning the priuate plotts of his Lopps ad-
uersaries in England, who endeauored to ouerthrow his voyage :
to learne, if they cann the names of all such, their speeches,
where & when they spoke them, and to whom ; The places, if
they had any, of their consultations, the Instruments they
vsed and the like : to gather what proofes they cann of them ;
and to sett them downe particulerly and cleerely in writing
wth all the Circumstances ; together w'.h their opinions of the
truth and validity of them according to the condition of the
persons from whom they had the information ; And to gett if
they can euery such informer to sett his hand to his Informa-
con. And if they find it necessary & that they haue any good
probable ground to discouer the truth better, or that they find
some vnwilling to reueale that wch (by some speeches at ran
doms, that haue fallen from them) they haue reason to suspect
they do know concerning that buisness : that at their arriuall

133
in Mary Land they cause euery such pson to answer vpon
oath, to such questions as they shall thinke fitt to propose
vnto them : And by some trusty messenger in the next shipps
that returne for England to send his Lopp in writing all such
Intelligences taken either by deposition or otherwise.
3. That as soone as it shall please god they shall arriue
vpon the coast of Virginea, they be not perswaded by the
master or any other of the shipp, in any case or for any
respect whatsoeuer to goe to James Towne, or to come w"'in
the coiuand of the the fort at Poynt-Comfort : vnless they
should be forct vnto it by some extremity, of weather, (wch
god forbidd) for the preseruation of their Hues & goodes, and
that they find it altogether impossible otherwise to preserue
themselues : But that they come to an Anchor somewhere
about Acomacke, so as it be not vnder the comand of any fort ;
& to send ashoare there, to inquire if they cann find any to
take w'h them, that cann giue them some good informatione of
the Bay of Chesapcacke and Pattawomeck Riucr, and that
may giue them some light of a fitt place in his LoppB Countrey
to settdowne on ; wherein their cheife care must be to make
choice of a place first that is probable to be healthfull and
fruitfull, next that it may be easily fortified, and thirdly that
it may be convenient for trade both wth the English and
sauages. 4. That by the first oportunity after theyr arriuall in Mary
Land they cause a messenger to be dispatcht away to James
Town such a one as is conformable to the Church of England,
and as they may according to the best of their iudgments
trust ; and he to carry his ma".68 letter to S^ John Haruie the
Gouernor and to the rest ofthe Councell there, as likewise his
Lopps letter to S' Jo : Haruie, and to give him notice of their
arriuall : And to haue in charge, vpon the deliuery ofthe said

134
letters to behaue himself wth much respect vnto the Gouernor,
and to tell him th' his Lopp had an intention to haue come
himself in person this yeare into those parts, as he may per-
ceiue by his ma"?3 letter to him but finding that the setling of
that buisness of his Plantation and some other occasions,
required his presence in England for some time longer then he
expected, he hath deferred his owne coming till the next yeare,
when lie will not faile by the grace of god to be there ; and to
lett him vnderstand how much his Lopp desires to hold a good
correspondency wth him and that Plantation of Virginea, wcb
he wilbe ready to shew vpon all occasions and to assure him
by the best words he cann, of his LopP" particuler affection to
his person, in respect of the many reports he hath heard of his
worth, and of the ancient acquaintance and freindshipp woh he
hath vnderstood was between his Lopps father & him as like
wise for those kind respects he hath shewne vnto his Lopp by
his letters since he vnderstoode of his L°pps intention to be his
neighbor in those parts : And to present him wth a Butt
of sacke from his Lopp w°.h his Lopp hath gitien directions for, to
be sent vnto him.
5. That they write a letter to Cap : Clayborne as soone
as conveniently other more necessary occasions will giue them
leaue after their arriuall in the Countrey, to give him notice of
their arriuall and of the Authority & charge comitted to them
by his L°pp and to send the said letter together w'.h his LoppB to
him by some trusty messenger that is likewise conformable
vnto the Church of England, w'h a message also from them to
him if it be not inserted in their letter woh is better, to invite
him kindly to come vnto them, and to signify that they haue
some buisness of importance to speake wth him about from his
Lopp woh concernes his good very much ; And if he come vnto
them then that they vse him courteously and well, and tell

135
him, that his Lopp vnderstanding that he hath settled a plan-
tacon there wthin the precincts of his Lopp8 Pattent, wished
them to lett him know that his L°pp is willing to giue him all
the encouragement he cann to proceede; And that his Lopp
hath had some propositions made vnto him by certaine
mrchants in London who pretend to be partners w'h him in
that plantation, (viz) Mr Delabarr, Mr Tompson Mf Cloberry,
MF Collins, & some others, and that they desired to • haue
a grant from his Lopp of that Hand where he is ; But his L°pp
vnderstanding from some others that there was some difference
in partnershipp between him and them, and his Lopp finding
them in their discourse to him, that they made somewhat
slight of Cap : Clayborne's interest, doubted least lie might
preiudiee him by making them any grant his Lopp being igno
rant of the true state of their buisness and of the thing they
desired, as likewise being well assured that by Cap : Clayborne
his care and industry besides his charges, that plantation was
first begunn and so.farr aduauced, was for these reasons vn-
willing to condescend vnto their desires, and therefore deferred
all treaty w'f* them till his Lop.p could truly vnderstand from
him, how matters stand between them, and what he would
desire of his Lopp in it. wch his Lopp expects from him ; that
therevpon his Lopp may take it into farther consideration how
to do iustice to euery one of them and to giue them all reason
able satisfaction ; And that they assure him in fine that his Lopp
intends not to do him any wrong, but to shew him all the loue
and fauor that he cann, and that his IS™ gaue them directions
to do so to him in his absence ; in confidence that he will, like
a good subiect to his ma"6 conforme himself to his higness
gratious letters pattents granted to his Lopps whereof he may
see the Duplicate if he desire it together w'h their Comission
from his Lopp. If he do refuse to come vnto them vpon their

136

invitation, that they lett him alone for the first yeare, till vpon
notice giuen to his L°pp of his answere and behauiour they
receiue farther directions from his L°pp; and that they informe
themselues as well as they cann of his plantation and what his
designes are, of what strength & what Correspondency he
keepes w'.h Virginea, and to giue an Account of euery partic
ular to his L°pp.
6. That when they haue made choice of the place where
they intend to settle themselues and that they haue brought
their men ashoare wth all their proiiisions, they do assemble all
the people together in a fitt and decent manner and then cause
his ma'"' letters pattents to be publikely read by his Lopps Sec
retary John Bolles, and afterwards his L°ppsComission to them,
and that either the Gouernor or one of the Comissioners pres
ently after make some short declaration to the people of his
Lopps intentions wQh he means to pursue in this his intended
plantation, woh are first the honor of god by endeauoring the
conversion of the sauages to Christianity, secondly the aug
mentation of his ma""'s Empire & Dominions in those parts of
the world by reducing them vnder the subiection of his
Crowne, and thirdly by the good of such of his Countreymen
as are willing to aduenture their fortunes and themselves in it,
by endeauoring all he cann, to assist them, that they may
reape the fruites of their charges & labors according to the
hopefulnes of the thing, w'.h as much freedome comfort and in-
eouragement as they cann desire ; and wth all to assure them,
that his Lopps affection & zeale is so greate to the aduancement
of this Plantacon and consequently of their good, that he will
imploy all his endeauors in it, and that he would not haue
failed to haue conie himself in person along wth them this first
yeare, to haue beene partaker w'h them in the honor of the
first voyage thither, but that by reasons of some vnexpected

137
accidents, he found it more necessary for their good, to stay in
England some time longer, for the better establishment of his
and their right, then it was fitt that the shipp should stay for
him, but that by the grace of god he intends wthout faile to be
w'h them the next year : And that at this time they take occa
sion to minister an oath of Allegeance to his ma* vnto all and
euery one vpon the place, after hauing first publikely in the
presence of the people taken it themselues ; letting them know
that his Lopp gaue particuler directions to haue it one of the
first thinges that were done, to testify to the world that none
should enioy the benefitt of his ma"fB gratious Grant vnto his
L°pp of that place, but such as should giue a pubKque assur
ance of their fidelity & allegeance to his ma".6.
7. that they informe themselues what they cann of the
present state of the old Colony of Virginea, both for matter of
gouernment & and Plantacon as likewise what trades they
driue both at home and abroade, who are the cheife and richest
men, & haue the greatest power amongst them whether their
clamors against his Lopps pattent continue and whether they
increase or diminish, who they are of note, that; shew them
selues most in it, and to find out as neere as they cann; what is
the true reason of their disgust against it, or whether there be
really any other reason but what, being well examined
proceedes rather from spleene and malice then from any other
cause ; And to informe his L°pp exactly what they vnderstand
in any of these particulers.
8. That they take all occasions to gaine and oblige any of
the Councell of Virginea, that they shall vnderstand incline to
have a good correspondency w'.*1 his Lopps plantation, either by
permission of trade to them in a reasonable proportion, w'hin
his Loppa precincts; or any other way they can, so it be cleerely
vnderstood that it is by the way of courtesy and not of right.
18

138
9. That where they intend to settle the Plantacon they first
make choice of a fitt place, and a competent quantity of
ground for a fort wthin wch or neere vnto it a convenient
house, and a church or a chappel adiacent may be built, for the
seate of his Lopp or his Gouernor or other Comissioners for the
time being in his absence, both woh his Lopp would haue them
take care should in the first place be erected, in some propor
tion at least, as much as is necessary for present yse though
not so compleate in euery part as in fine afterwards they may
be and to send his Lopp a Piatt of it and of the scituation, by
the next oportunity, if it be done by that time, if not or but
part of it neuertheless to send a Piatt of what they intend to
do in it. That they likewise make choisc of a fitt place neere
vnto it to seate a towne,
10. That they cause all the Planters to build their houses in
as decent and vniforme a manner as their abilities and the
place will afford, & neere adioyning one to an other, and
for that purpose to cause streetes to be marked out where they
intend to place the towne and to oblige euery man to buyld one
by an other according to that rule and that they cause diuisions
of Land to be made adioyning on the back sides of their
houses and to be assigned vnto them for gardens and such vses
according to the proportion of euery ones building and adven
ture and as the conveniency of the place will afford w6h his
,Lopp referreth to their discretion, but is desirous to haue a par-
ticuler account from them what they do in it, that his Lopp may
be satisfied that euery man hath iustice done vnto him,
11. That as soone as conveniently they cann they cause his
Lopps surveyor Robert Simpson to survay out such a proportion
of Land both in and about the intended towne as likewise
wthin the Countrey adioyning as wilbe necessary to be assigned
to the present aduenturers, and that they assigne euery adven-

139
turei* his proportion of Land both in and about the intended
towne, as alsoe w'hin the Countrey adioyning, according to the
proportion of his aduenture and the conditions of plantacon
propounded by his Lopp to the first aduenturers, woh his Lopp in
convenient time will confirme vnto them by Pattent. And
heerein his Lopp wills his said Gouernor and Comissioners
to take care that in each of the aforesaid places, that is to say
in and about the first intended Towne and in the Countrey
adiacent they cause in the first and most convenient places a
proportion of Land to be sett out for his Lopp* owne proper vse
and inheritance according to the number of men he sends this
first yeare vpon his owne account ; and as he alloweth vnto the
aduenturers, before any other be assigned his part; wth w"?
(although his Lopp might very well make a difference of
proportion between himself and the aduenturers) he will in
this first colony, content himself, for the better encouragement
and accomodation of the first aduenturers, vnto whom his
Lopp conceiue himself more bound in honor and is therefore
desirous to giue more satisfaction in euery thing then he
intends to do vnto any that shall come heereafter. That they
cause his Lopps survayor likewise to drawe an exact mapp of as
much of the countrey as they shall discouer together wth the
soundings of the riuers and Baye, and to send it to his Lopp.
12. That they cause all the planters to imploy their seruants
in planting of sufficient quantity of come and other prouision
of victuall and that they do not suffer them to plant any other
comodity whatsoeuer before that be done in a sufficient pro
portion w°.h they are to obserue yearely.
13. That they cause all sorts of men in the plantation to be
mustered and trained in military discispline and that there be
days appoynted for that purpose either weekely or monthly
according to the conueniency of other occasions ; woh are duly

140
to be obserued and that they cause constant watch and ward to
be kept in places necessary.
14. That they informe themselues whether there be any
convenient place wthin his Lopps precincts for the making
of Salt whether there be proper earth for the making of salt-
peeter and if there be in what quantity; whether there be
probability of Iron oare or any other mines and that they be
carefull to find out what other coinodities may probably be
made and that they giue his Lopp notice together wth their
opinions of them.
15. That In fine they bee very carefull to do iustice to
euery man wthout partiality, and that they auoid any occasion
of difference w'h those of Virginea and to haue as litle to do
wth them as they cann this first yeare that they conniue and
suffer litle iniuryes from them rather then to engage themselues
in a publique quarrell w"' them, woh may disturbe the buisness
much in England in the Infancy of it. And that they giue
vnto his Lopp an exact account by their letters from time
to time of their proceedings both in these instructions from.
Article to Article and in any other accident that shall happen
worthy his Lopps notice, that therevpon his L°.pp may giue them
farther instructions what to doe and that by euery conveyance
by woh they send any letters as his Lopp would not haue them
to omitt any they send likewise a Duplicate of the letters w0"1
they writt by the last conveyance before that, least they should
haue failed and not be come to his Lopps hands.

141

No. 2.
THOMAS SMITH'S ACCOUNT OF HIS CAPTURE.
[Superscription.] Mf Tho : Smiths relation
of his voyage when hee
was taken by the
Marylanders 1635
The relacon of Tho : Smith of his voyage to Potuxant Riuer
in the Pinacc the Long Tayle wherein hee was taken by
the Marylanders.
The 26th day of March 1635 I being sent in the Pinace the
long taile by Cap? William Claiborne to trade for corne and
furs, the said Cap? Claiborne haueing deliuered mee a Coppie of
his maf letter lately sent vnto him for the confermacon of the
Comission formerly graunted vnto the said Cap? Claiborne for
trade in the Collonies of America.
The 4th day of Aprill I arriued at Mattapany. The 5th day
Cap? Hen : ffleet and Cap? Humber w*? a Company of men
came ouer land thither and demaunded by what power I
traded I tould them by vertue of his ma" Comission and letter
graunted to Cap? Claiborne of woh I had coppics of each they
demaunded the sight of them w°h I shewed them they peruse-
ing of them Cap? ffleete replyed that this paper did not
any way Hcense the said Cap? Clayborne to trade any further
then the He of Kent and that I must goe for Maryland
wth the Pinace, but Cap? Humber replied it was a false Coppie
and grounded vpon false informacon, and soe turned himselfe
to Cap? ffleete said come let vs board them woh they did

142
notwthstanding I tould them they had best take heede what
they did it was not good iesting wth paper woh came from his ma'!6.
Cap? ffleete, Cap? Humber wth the rest of theire Companie
entred the vessell the Longtaile and turned our men on shore
wthout any armes to defend themselues from the natiues not-
w'hstanding I entreated them not to leaue our men wthout
armes ashore, to w6h Cap? ffleete answered they were as safe as
if they were aboard.
I desired them to shew mee their Comission by wob they
tooke vs but they would shew mee none.
The next day they sent for our men a board and turned
them into theire barge : who had that night lien in the woods
very dangerously the natiues being vp in armes amongst
themselues. The said Cap? ffleet comaunded mee to 'goe for Maryland w"1
him in our little boate and spake with the Gouernor wch I did
and by the way wee had some discourse about the accusacon for
w°.h Cap' Claybourne was last yeare accused of by the Mary
landers for complotting wth the Indians to cutt off the English
that were at Yawocomoco : Cap? ffleet told mee, that woh hee
said of that busines was drawne from him by a wile, in comon
discourse and that hee was verie sorrie for speaking any such
thing, and that although it bee reported in Virginia that
hee had taken his oath of those things, yet it was not soe, and
that hee did not take it to bee an oath, for all that was done
done was the Gouernor gaue him the said ffleet a little latine
booke, and bade him kisse it saying nothing and if there were
any such busines reported amongst the Indians about Cap'
Claiborne yet they were a people that were not to be beleeued
and the said ffleet said to mee, before God I did not know it
was a testament, the said ffleete told mee when Cap? Cornwallis
and Mr Hally brought him a writting and asked him whether

143
hee would set his hand to itt, ffirst haueing caused them to put
out many things that were in it soe by their perswations set his
hand to it.
"When wee came to Maryland I found the Gouerno? was not
there, Cap? Cornewalles being left his deputie I went to him
and told him, that Cap? ffleet had taken our Vessell and turned
our men a shore Cap? Cornewalles told mee they did noe more
then what they had order for to doe by Comission to make stay
of all vessells woh they should find trading wthin the Prouince
of the Lord Baltimore : the said Cap' desired to see the
Comission by woh I traded and haueing seene the foure Coppies
hee told mee hee did wonder much at Cap? Claibornes strange
proceedings for said hee were this a true coppie it hath only
relation to the Hand where hee liueth but said hee doubted
truth of this papf first in regard they were grounded vpon
false informacon I told him I would bee deposed they were
true Coppies to woh hee said my oath was as good as nothing
the said Cap? told mee, hee would the uext morning goe with
mee abord w6h the next Day hee did, and when I came abord
I found all the men turnd a shore againe w'hout any armes to
defeud themselues from the natiues, haueing not long been
there and had some discourse w'h Cap? Humber hee tould mee
the vessell must goe for Maryland and there stay vntill
the Gouernor came home : and if I and the rest would goe
with him by land wee should bee welcome for in the boate wee
should not goe, he leauing the charg of the vessell with
Capt : Humber I desired to leaue one to looke to the trucke
wch the said Cap? denied : ffurther the said Cap? told mee that
if there were any such letters graunted by his ma"8 it was got
by indirect waies in regard they had noe notice thereof from
the Lord Baltimore I desired wee might returne home if not
all yet one wcb was denied, and being all turned ashore without
any peece or armes but one peece which I had myselfe.

144

Within 2 daies after our being there the Gouernor came
home who when our vessell was come about sent for vs to
waite on his pleasure when wee should bee called being seet at
Cap? Cornewalles house accompanied with the said Cap' and
one Mr Greene sent his Marshall for mee, when I came the
Gouernor told mee hee vnderstood that some of his "people
had made staie of a vessell of Cap? Claibornes of woh I had
comaund of I told they had, hee demaunded of mee whether I
traded for myselfe or for Cap? Claiborne I told him for Cap'
Claiborne hee demaunded a note vnder my hand to testifie as
much, w°h I making a stand at, hee told mee he would keepe
mee prisoner to answere it, if I would not set my hand to a
note woh they made woh I did. Hee demaunded what Comis
sion I had to trade I told him I had a Coppie of his ma?8
Comission graunted to Cap? Claiborne and also a Coppie of a
letter sent by his ma"" for tlie confirmation of the same the
Gouernor told mee for his former Comission it was worth
nothing because hee was not to trade wtbin theire limitts, and
for the Coppie of his ma" letter hee said was a paper without
any publick notaries hand and was worth nothing- being
grounded ypon false informacon and that hee had seene one of
them in Virginia and if it were true it was gotten " by some
indirect meanes for they had not any notice of it from the Lord
Baltimore, and that hee intended to keepe the vessell wth the
goods I demaunded of him how wee should get home hee told
mee should not returne for Kent but hee would send vs for
England or for Kecotan I told him wee were in want of
corne, hee said it could not bee, I offered to bee deposed that
the Coppies were true, and that I had examined them, hee said
my oath is as good as nothing, the next day hee sent for all the
goods a shore wthout any knowledg of myne or any of our
companies and brooke open a chest wch was both locked and

145
nayled, the goods being ashore I desired our Invoyce wth a
certificate to shew the reason of staying the vessell woh with
much a doe I had, some of our Beauer I see presently disposed
of and some of the cloth I saw sold to an indian haueing spent
4 or 5 daies there and seeing noe hopes of haueing our vessell
againe I desired the Gouernor wee might returne home
w*h with some other meanes I made by some friends hee
graunted wee should goe : but hee was sorrie hee had noe boate
to send vs home in : hauing at that tyme 3 boates riding at his
dore. I told him if there was noe other way I would make
some meanes by the indians woh hee graunted I should doe,
the next day wee were sent away without either peece or victualls
but one peece woh I had myselfe haueing 20 leagers to goe
w'hout any meanes but such as wee should find from the
Indians woh with greate danger it pleased god to send vs safe
home This I will bee readie to, iustifie vpon oath whensoeuer
I shall bee therevnto called Tho : Smith.

No. 3.
HENRY EWBANK'S ACCOUNT OF HIS CAPTURE.
[Indorsement.] Copie of Henry
Ewbancks Relation
Of his being Seized
at the head of Patuxent
in April 1635.
The Relation of Henry Ewbanck concerninge his beinge taken
Prisoner at Mattappany at the head of Pataxunt River
the 5th of Aprill 1635.
19

146

I beinge at an Indian Towne caled Mattappany at the head
of Potaxunt River tradinge for ffurrs by the appointm' of
Cap? Clayborne there came vnto me ouer Land Cap? ffleete
Cap? Humber and two more charginge me by virtue of their
Comission graunted from his Ma"6 to the Lo : Baltimore to goe
alonge w'h them to Mary-Land, to answer my tradinge before
the Gouernof and that if I would not goe along quietly Cap'
Humber told me that he would haue the Indians carry me
wether I would or noe, soe I went alonge w'h them yet Cap'
ffleete before fearinge that I would haue run away pmised the
Indians that if I ran away the first of them that layd hands
vpon me to stay me, he would giue them an hundred armes
length Roneoke. beinge come from Mattappany to Potaxun
Riuer there in Cap? Claybornes Pinnace wth Mf Smith and his
Company or men beinge all on Shoare but a little Boy who
was aboard, Cap? ffleete and Cap? Humber tooke or small
wherry and would haue gon aboard the said Pinnace, refusinge
at first to take Mf Smith alonge w'h them, who was aboard
their Barge, he callinge to them and tellinge them th' he had
his Ma'." Comission to trade, they then tooke him into the
wherry and Rowed aboard the Pinnace and said that they
would take her notwthstandinge that Comission Mf Smith
shewed them accountinge it and callinge it a Pap sayeing
that it was a false Copy and if it were granted to Cap? Clay
borne from his Ma".e it was granted and grownded vpon false
Informacons & soe it was worth nothinge soe Cap' Humber
bid his men haueing all ready boarded or Pinnace to waigh
Anchor and fall Downe towards Maiy Land, by the way we
stopped at an Indian Towne called Potaxun where I would
haue gon a shoare but Cap' Humber would not lett me. from
thence we rowed downe to the Mouth of the Riuer where we
were turned a shoare out of or Pinnace w'hout or Armes to

147
travell to Mary Land on foote, beinge comen thither wee
remayned 3 or 4 dayes before wee could speake wth the Gouer-
nor who at last beinge set in Court w'h Cap' Cornwallys and
Mr Greene he sent for me in, when I came to the Gouorno' he
said vnto me, did you come Sirrah from Mattappany I ans
wered him yes againe, he asked me what I did there and who
sent me. I told him I traded for furrs wth the Indians and
that Cap' Clayborne sent me, Againe he said Sirrah how durst
yo" trade there, knoweinge it was in the prcincts of this Pro
vince and knoweinge of Cap' Claybornes vnlawfull and dis
honest practizes, w'h the Indians to cutt of this or Plantacon
yo" beinge the Interpter and Instrum' to doe it, I replyd that
I did not know that it was in their prcincts, nor that Cap'
Clayborne had euer practized wtb the Indians against them and
that for my owne pte I would be deposd vpon my oath th' I
was neuer an Instrum? or Interp'ted to the Indians for Cap'
Claiborne, in any such kind, and pfered them to take my oath
of it then but they would not giue it me, then he caused cer
taine writings to be made for me to sett my hand to, and they
were to effect that I should Justifie that Cap' Claiborne had
vnlawfully practized w'h the Indians against them, w°h the
Clerke to my best remembrance in readinge the writinge to
me neuer menconed any such thinge.
I had like to haue set my hand to it, beleivinge it had ben
as the Clerke read it, but I takinge it in my owne hand and
readinge it found it to be otherwise, then he reade it to me
wherevpon I refused to set my hand to it, then the Gouerno'
caused it to be changed twice againe, w* beinge don he told
me it had ben all one if I had set my hand to the other, for
they were all three as one in effect, then agayne he told me he
would either send me to Virginia or to England for I should
not retourne to Cap? Clayborne any more to be his instrum' in

148

his vnlawfull practizes, but afterwards the Gouernor riseinge
from the table and comeinge to me in a Milder way then he
had don, before callinge me by my name tould me if I would
take imploym' from him I should haue good meanes and be
welcome to him, I replyd, Sr I can not answer it to be im-
ployed by yo" or any other beinge as yet Cap' Claybornes
Couenant Seruant, then he said take imploym' of me and lett
me alone to answer it, then he further demaunded of me if I
would resolue to take imploym? I told him noe then he bid me
thinke vpon it, Moreouer I heard him say that all the Baye
downeward w'hin 6 or 8 myles of Akamak both easterne
shoare and Westerne shoare was wthin their prcincts, and wthin
3 or 4 dayes after he sent me and the rest of or ( Company
away wthout Armes or victualls to home in a Cannow a matter
of twenty leagues through the Towncs ofthe Indians. More
ouer I remember that Cap? ffleete beinge set at supper w'h
Cap' Cornwallis and the Kinge of Potuxun fallinge into dis
course of the Accusations layd against Cap? Clayborne, The
last yeare Cap? ffleete sayd it had ben very breife in the
Mouthes of the Indians all wayes vntill that his last voyage
and that then he said he heard nothinge, moreouer he said that
he had sayd too much of it, and he thought not that Mf Haw
ley would haue drawen his comen discourse into writinge, if
he had he would haue ben more warye, ffurthermore he told
me that I had cause to thanke god that he came soe happily
to take me out of the hands of the Indians who as he said
would haue killed mee, wch I know to be false and not soe,
And againe the Indians told me that it was by meanes of
Cap? Claybornes Cloth, woh Cap' ffleete tooke in his Pinnaces
that he bought the Beavof it beinge better liked of the Indians
then that woh they had of the Gouerno" the Indians sayeinge

149

it was nought. And all this I wilbe ready when I shall be
called to be deposed on and soe I haue hereunto sett my hand.
Signed
Henry Ewbanck.

No. 4.
SECRETARY KEMP TO LORD BALTIMORE.
[Indorsement.] January 1638
Mf Rich. Kemp to
x (Secretary)
from Virginea
[Superscription.]To the Right Honob!.6 and
my very good Lord the
Lord Baltimore
these Present
My Lord :
I receiued yof Lorpps Commands of the second of August
Last for the buying of ffortye neate Cattle, ten Sowes, fforty
Henns and Ten Negroes to be Transported to S? Maryes for
yor vse.
At the tyme of the receiuing of yof Lorpps sayd Letters I
expected yor Brothers arrivall daily in Virginia, but vnder
standing after, that he was imbarqued about the Isle of Kent
busines, I writt to him desiring advice from him, but at this
date have heard nothing of him.
I have onely hitherto made inquirye where to make the
purchase of what yd" desire, the reason why I have not dealt
further is, ffirst the streightnes of the tyme limited mee being

150

Christmas, wob was a short warning and the tyme ofthe yeare
soe vnseasonable that in likely hood before they could have
bene deliu'ed they would all have perished for want of fodder
wch is very rare in Virginea, and I beleeve not yett knowen
in Maryland, but how ever tis the Most dangerous, and only
fatall tyme for Murreine of Cattle, woh they fynd, who are
best provided to p'serve them.
When yof Brother and I conferr, what he shall find fitt to
require of mee, shall be readily obeyed (my Creditt and all
my Indeavours being at yo1 Lorpps disposall) By the next I
hope yor Lorpp shall receiue ouf ioint Account in the busines.
The duplicates of our p'sent dispatches I humbly herew*
p'sent, whereby I doubt not but yof Lorpp will observe how
the old, and inveterate malice of Sf John Harvey his Adver-
saryes reflecteth likewyse vpon mee, instanced in two particu
lars, One about the Invoices, w°h was soe strange a thing to
the Sub Committees (as divers Informed mee who were
prsent when they sate about the reference of those Petitions
the Copyes whereof are now sent you) that many Interroga-
toryes past from them, why the two pence p Cask should be
payed, and why the Sec'tarye should have it, w'h much other
Language shewing noe good meaning towards mee, (for it
seemeth I am a Rub in theire way)
The other in that Capt West in his Complaint against Sf
John Harvey bringeth mee in allso as much guiltye for re-
ceiuing fine shillings for a Tickett for every Passenger that
goeth out of the Colonye. The first yof Lorpp will fynd fully
Answered in the duplicate if they will allow of the Kings
Order. The other I will never deny to have receiued being War
ranted thereto by my Commission, as being a ffee belonging
to all SecTtaryes before mee and soe rated by Act of Assembly,

151

before my tyme, And yf Capt West had bethought himselfe
he might have knowen, that by an Order of Court three yeares
before my arrivall (himselfe being one att the making thereof)
the Sec'tarye may receiue ten shillings for every passe, and soe
pportionably double for all other flees more then I ever de
manded. I have p'sumed to trouble yof Lorpp w?h the Copyes
of the Acts, and of the sayd Order of Court hoping of yof
Lorpp" favour to pduce them if there shall be Occasion.
The frequent, and Constant Reports this yeare of a Com-
panye comming vpon vs doe at p'sent much distract vs, in so
much that most are rather contriving how to desert the place
then too loose any more Indeavour heere, where noe stabilitye
of theire Affaires is to be expected.
Yof Hono™ interest (I feare) will not be least in the p'iudice
thereof for yf some of the cheifest of those who designe a
Companye be true to theire Oaths, yo" must expect all the
opposition that nialice can giue.
I hope yo' Lorpp will fynd power and meanes to prevent
them, yf wee can leape this Rub I doubt not but ou' Affaires
will run a more even course heerafter. Thus resting
Yof LorppB humbly to serve yo"
Rich : Kemp.
After the writing hereof yof Brother
arrived heere at James Towne, by whom
I receiued a further Command from yof Lorpp
then was intimated to mee in yo' Letter, w°.h
was abowt the sparing of yof Lorpp some
Sheepe, wherein I will willing serve yof
Lorpp Humbly desiring yo' Honof to accept
from mee Ten Ewes, and a Ram, w°.h
I will deliuf this Summer to yo' Brother
for yor vse.

152
Yof Brother and I have likewyse conferrd
abowt yof demands, the conclusion whereof
he hath pmised mee to giue yo' Lorpp an Account
of, As allso of a pposition woh if intended
(according to the Information to vs brought)
and deuly psequted, and assisted may perchance
giue a blow to the new Companye, if it be not advanced
too farr allreadye.
No. 5.
SECRETARY KEMP TO LORD BALTIMORE.
[Indorsement.] 25 Aprill 1638
Mf Rich : Kemp to
me. from Virginea
against Mf Hawley.
[Superscription.] To the Right Hono"!6 and my
very good Lord the Lord
Baltimore these
present
My Lord
By my Last of the 6'.h of Aprill I p'sented yof Lorpp w'h
the duplicates of the Acts of ou' Last Assembly w'b the whole
proceedings thereof, And because what concerneth the interest
of soe noble a ffreind may be noe vnwellcome Information to
yoV I haue herew'? presented yof Lorp.p w'b the Copye of the
Pattent sent this yeare to my Lord Matravers.

153
I beseech yof Lorpp to allow mee of yof favour in the ac
quainting yo" how it stands w,b vs vpon the arrivall of the
new Treasurer Mf Hawlye. The generall disgust of the In
habitants was and is such against him that the Last Assembly
had disabled him from that place, and power he holds, had
not the Governo' and Counsell curbd theire pceedings.
At that tyme Mf Hawlye had given noe other account to vs
of the extent of his power then what his commission expressed
w°b warranted him noe further then what did belong to former
Treasurers and expressly for the Reeeiuing of the quitt Rents
in the Execution whereof ney ther the Governof nor any of
the counsell concerned any iniurye to themselues.
When the Assembly was dissolved, he then pduced to vs
his Instructions, wherein ffines, and all other perquisites to the
King were expresslye wlbin the Lymitts of his commission, as
allso all Grants of Land were first to passe his appbation, and
allowance and vpon what tearmes they were to passe was left
to his discretion.
In which particulars the Governof and Counsell had iust
cause to doubt what his Intendments were.
The Governof found his mayne subsistance taken away,
And in especiall manner such a mayme it must be to all suc
ceeding Governo™ that how they can Hue w'hout forcing meanes
of being from the people is not in my experience of the place
to sett downe, for granting the Kings pension of one thowsand
pounds p annum payed after the Rates of provision in this
country (hiring or building of howsing being considered) it
can in noe measure giue him supportance equall to the Quallitye
of his place.
And for the Grants of Land as the tearmes haue ben
allwayes certeine soe the priviledge and power of granting
haue by Antient Charter bene given and as in all succeeding
20

154

tymcs soe the Last yeare were againe confirmed to the Gov-
erno' and Counsell. This suddein Alteration as it gives
infinite distraction to the people, soe it must w'bout doubt
much discourage, and dishearten those who haue, and doe
serve his ma"6 heere in the places of Governo' and Counsell.
And heere yof Lorpp may please to giue mee leave to be
something sensible of my owne suffering. The Office and
benefitt of the Invoices woh was formerly belonging to the
place of Secretary is now by expresse warrant a peculiar per
quisite to his place (this following I receiue by information).
His Intents are to gaine the profitts of the Pattents, and to
haue the keeping of the Seales, what is the remaynder of my
ffees will not cloth, and paye one Clarke yearely.
My Predecesso'" in this place had an allowance of twenty
servants and cattell w"' all what I at any tyme have inioyed
what soe many servants in those tymes when Tobacco was
sold for foure shillings p pound might yeild may without
over Rating be valeiwed at one thousand pounds p Annum,
this allowance (as it belonged to former Secrtaryes) was granted
mee, yet I inioy noe part of it, though the Labour of the
place be doubled.
And if Mf Hawley thus gleane from mee, and wthall in
crease my toile (for his Execution and Accompt will be very
short w"'out my help, and furtherance from the Records, I
conceiue yof Lorpp will Judge I doe not without cause exhi
bits this my greiuance.
Why I haue taken the boldnes to trouble yof Lorpp wtb this
Relation, without the Least Intimation heerein to any other,
with favour I am thus induced. Because I receiue from vn-
doubted Information that the effect of Mf Hawlye his busines
proceeded from yof Lorpps favour in his behalf.

155

I am from my owne assurance as confident that yof Lorpps
intents had noe aime eyther of pubHq greiuance, or lessening
those whose service yo" may please in any tryall to command.
All wcb therefore I humbly tender to yo' Lorppa consideration.
Resting. Yof Lorp?B Humbly to serve yoY
Rich : Kemp.
James Cittic this 25th of
Aprill 1638.
Yof Brother the other day acquaynted mee w'b yof Lorppa
commands to ppound to the next Assembly that for the better
Regulating of the Trade in the Bay, the bounds of yof Lorpps
Province might be sett downe in an Act wtbin w6h those of
Virginia should not Trade, w'bout Lycense from thence and
soe on the contrarye, wherein I will not fayle effectually to
serve yo' Lorpp
No. 6.
SECRETARY KEMP TO LORD BALTIMORE.
[Indorsement.] 4 Febr : 1638
Mf Rich : Kemp
Secre : of Virginea to
me Concerning Sf
Frances Wyatt
from Virginea
[Superscription.]To the Right Honob!e and my
very good Lord the Lord
Baltimore these
humbly Present

156

My Lord
I receiued Lately a Letter from Sarieant Maior Donne and
a Leiftenant Evelyn wherein I was desired wtb all secrecye and
dispatch to certifye certeine depositions to prove the designe of
poisoning the Indians in the tyme of Sf ffrancis Wyatts Gov
ernment, as allso • that through his Oversight and vnskillfull
Carriage many people were drawen from theire Plantations to
theire greate p'iudice and to the much dishonour of the Nation,
to woh purpose I haue vsed all possible Indeavour and sent
them in this inclosed packett w'h other materiall writings
extracted out of the Records affirming the Slaverye indured by
the people theere vnder the Tyrannye of the Companye.
Theire further Advice was to direct my Letters in a Cover
eyther to my Lord Matrevers & Mf Endimion Porter for
Capt Bond (they being both his ffreinds) But I have
declined that course not being Confident enough of a safe con-
veiance to eyther of theire hands. And therefore Assuring
my selfe of yof Lorpps pardon heerin I did pcure one
Mf Clegy an Agent for Mf Jennings to direct the packett to
him and by this meanes to be sent to yof Lorpp.
By the ffirst Shipp the Rebecca yof Lorpp may perchance
have vnderstoode of the bad newes wob then freshly arrived
before the going of that shipp concerning the cutting of yo'
people at Maryland. But I am confident it will prove but an
Indian flam to amaze vs woh is usuall among them. My
reasons being that both yof Brother himselfe and Boatcs from
this Colonye speedilye went to inquire the truth, wob if it had
bene on' owne Boates at least would have returned and given
the alarum, for if th' be soe, the Danger knocketh att our
owne dores, and wee are resolved to meete it and not Attend it.
Next wee have made particular inquirye both of the Chi-
cohoming Indians and the Pamonkey Indians whoe are

157 r
neighbouring to the Wicocomicoes concerning whom the
Report goeth, that it was committed by them. But these
know nothing thereof, wob if they did, they would ffreely
relate being Enemyes at p'sent to those Wicocomicoes. yf
they have attempted anything and that more danger be
doubted. Wee will be readye w"1 our whole forces to Vin
dicate yo' Cause, and assure theire further safetyes. Thus
humbly resting Yo1;8 LorpF8 faithfully and humbly to
serve yo?
James Cittye this 4th of Rich : Kemp
ffebruary 1638.

No. 7.
THOMAS COPLEY TO LORD BALTIMORE.
[Indorsement.] 3 Aprill 1638
Mf Tho. Copley to
me, from S? Maries
heerein are demands of very
extravagant priuiledges
[Superscription.]To the Right Hon"!6 the
Lord Baltamor these be
Right Honera"?6
I wrot unto your lorpe laitly uery largly by Captaine Hop-
son, enclosed in a letter to my cousen Genio, and befor that in
a letter sent by Mf Robert Euelinge. Now therfor only

158

according to the present occasion, I will giue your lorp.6 some
acconmpte touchinge the laite assembly and the proceedings
thereof —
First then as I acquainted your lorpe in my former letter It
was not fitt that we should be there in person, and our Proxis
loould not be admitted in that manner, as we could send them,
and therfor as we weare excluded thence, Soe we did not in
termeddle w'b them there. Yet Iff Lugar oonoeauing that
some that had relation to us weare not soe fauourable to his waye,
as he desired, seemed in some sorte to attribute the same to us,
But I will assure your lorp.6 that he was much mistaken,
for truly we weare noe cause therof, as he might easily haue
gathered in that William Lewis who is our ouerseier, and had
more Proxis then all the rest, was euer concurring wtb him,
w°.h could not haue binne if we had binne auerse, but howso-
euer, I canne not heare that euer any of the rest weare auerse
to any thinge that concerned your lorpe and therfor if he
should write any thinge to that effecte, your lorpe may be con-
fidente that they are meere friuolous suspitions of his owne,
w"'out any true grounde. Truly the diuill is uery busie here
to raise such lyke apprehensions, wob though most false, yet
they serue his turne to hinder much the frute, wc.b otherwyse
we might haue, but I trust that you lorp6 will be warye of
them, and not doubte, but that next unto god, we are sincerely
your lorp.68 perhape much more then those, who seeming more,
are indeed most there owne.
Touching the lawes wob your lorp.6 sent, I am told that they
would not be accepted and, euen the Gouenor, and Mf Lugar
said once to me, that they weare not fitt for this Colonye. for
myne owne parte, seeing noe seruice that I could doe your
lorp.6 therin and many inconuenices that I might runne into by
intermedlinge, I neuer soe much as rede them nether doe I yet

159
know what they contained; for the temporall prouidence
I left my selfe to your lorp.6 and for matter of conscience,
I supposed that your lorpe had taken good aduise what occasion
then could I haue to intermeddle aboute them ? The lawes
w'h now are sent to your lorp.° I neuer knew nor saw till euen
now, that they weare ready to be sent to your lorpe And
there being hast to send them, I only gott a hasty uew of
them. Yet diverse things euen in that hasty reeding occured
to me, wob I conceaued requisite to acquainte you w'b all, leau-
ing them to your lorp.' more serious consideration.
First then reflecting on the Infancy of this Plantation, and
on the many difficultye that are in conserning it, many things,
that herafter when it should be fully planted might be profit
able unto it, at this time seemed lyklier to keepe it backe then
to forwarde it. As for example wheras It is required, that 20
men be regestred liere be/or any one canne pretend to a mannor,
I doubte uery much, whether many will be found in England,
that will be able and willing to uenture at first such a charge,
easpecially if they reflecte, that in case some of there men dye
runne away or miscarry, they must turne freeholders, and out of
the remainder of there misfortune pay for euery hundred acre
of ground yeerly one barrell of Corne, a paiment perhaps not
uery heauy to one who gitting a maite and labouring faithfully
himselfe, and taking but one hundred acre, will haue noe
greate difficultye to pay it, but to a gentleman, who hath
a companye of headstronge seruants wob in the beginning
easpecially shall scarcly maintaine themselue, this burden will
cumme heauy.
And accordingly Mf Greene one of the Gentlemen that
camme in the Arke, reflecting that besydes the losse of his halfe
share of trucke, he was now to pay tenne barrells of Corne for
his 10000 acres and that only he had three men to raise that

160

and maintaine himselfe and his wyfe confidently told me that
he must necessarily deserte the Colonye. But further suppose
that one should raise men sufficient to git a Mannor, Yet
when he shall reflecte, that whatsoeuer happeneth, lie canne
not sell his Mannor, but by keeping it he must be necessitated
to Hue where perhaps he hath noe will, I doubte that many
will be terrified by that hazard. Besyds, by these laws euery
lord of a Mannor must pay 20 shillings for euery thousand
acres, he must in his owne persons, w"' all his able men and
free holders, be mustered, and be subieete to the fines and punish
ments of the muster maister, who . may search his munition
euery month, and perhaps punish him for that w6h he could
not possibly git. In the seruicc of the country he must send
15 freemen, and by those of his Mannor maintaine them
during the time of seruice he must prouide himselfe and his
men w"1 nccessarie munition, he shall not trade, but be com
pelled to plante, though most of those that maide the lawc,
haue tolde me that there is noe commoditye to be gott by
planting. His taxes and publique seruice must be more then
in other countrys, because the men here are uery few, and if
these lawe shall be executed by busye heads, the uexations
they may raise upon uery few men will not be few, and yet if
through the abuse of some base baleife or the lyke officer they
should happen to stricke an officer, he shall loose lyfe lands and
goods. Truly I am sure that if these things should be
exactly pursued, that few would tarry, and whether if by
publique lawe such things be once bruted many will cumme, I
doubte much. This I am sure that some here reflecting on
what they haue donne say plainly that if they canne not Hue
here, they canne Hue else where, and therfor that they care
not much. Others complaine uery much that by the many
Proxies wob the Gouernor, Mf Lugar, and there instruments

161
had gotten, they did what they would, wthout any restraints at
all. Others already question the Validity of they lawes be
cause they say that they canne prooue, that they weare neuer
red thrice in the same tenor, others say other things, and if the
only apprehension of future consequence already beginne to
affright them, what will the consequence themselue doe.
Truly I doubte that euen in the most flourishing countrys
lords of Mannors, would conceaue such lyke laws some what
burdensom. What then will those apprehend, who shall be
soe weake that they shall scarcely be able to stande of them
selues? Certainly I conceaue that your lorpe will rather
thinke it fit to nourish and support younge sprigs, then
to depresse them ; and to goe aboute to gather frute befor it
be planted, and ripe, is neuer to haue frute.
But perliapes some may be of opinion, that if your lor1'!' canne
but haue tlie trade of Beauer and Corne to your selfe, the plan
tation is not much to be regarded. And the fewer there are the
better cheire will be for them, and that amonge Ruens they
shall alwaye find somc-thinge. Yet against this I would dc-
syre your lorp6 to reflecte that in a flourishing plantation, Your
lor1? shall euer be sure of a growing profit and honor. But in
these pettye trades and in raking out of mens necessitye, the
honor will be little, and the profitt uery uncertaine. Some
that are immediate actors perhaps may gitt some thinge, but
your lorp." shall be sure if you your selfe haue the profite, to
make large disbursments, and to receaue large accoumpts, and
besydes I am of opinion that god will not prosper such
designes, where if your lorp.0 reiecting them sticke to your first
designes, god in time will giue them a happy successe, and
raise to your selfe and your seed noe small Blessinge. Here
certainly nothinge is wanting but people let it be peopled, and
it shall not yeeld to the most flourishing country for profitt
21

162

and pleasure, the promoting then of this must be your first
aime, and this your lorp.6 must encourage by all means, and
when your fruts are ripe, it will be time to gather them. Now
only you must nourish plants, and while you expect fruts from
others, by your selfe seeke fruts from the earth, wob may
be gathered in plenty, if your lorp.6 please to cumme and see,
and resolue on the best, for mine owne parte I haue soe good
an apprehension of the country, that I noe way repent me of
my iourney, but Hue uery contentedly and doubte not but if I
canne haue pacience and expecte the seazons, I shall find as
happy frute here as in any other parte of the world. But
endeed the old saings are true that Roome was not bulte in a
day, and that such as will lipe ouer style, befor they cumme at
them, shall breake there shin, and perhaps not gitt ouer the
still soe quickly, as those, who cumme to them, befor they goe
ouer. Many other things to this effect will occure to your lorpe
upon better consideration then I could take, yet these occuring
I could not omitte to suggest them. I beseech almighty god,
that your lorp.6 may make the best use of them, to gods great
est glorie, and your owne temple. But now I will say some
thinge of the Inconuenience falinge by these lawes of the church
of god, wch should haue binne regarded in the first place, but
was not thought of, as it seemeth by the lawe. In wob
First there is not any care at all taken, to promote the con-
uersion of the Indians, to prouide or to shew any fauor
to Ecclesiasticall persons, or to preserue for the church the
Immunitye and priueledges, wob she enioyeth euery where
else ; But rather M: Lugar seemeth to defend opinions here, that
she hath noe priualedges iure diuino. That bulls Canons and
Casuists are little to be regarded in these cases, because they
speake for themselues, as if others oposing them had noe selfe

163
interest and therfor must know better what belongs to the
church then she hirselfe. That Priueledge are not due to the
church till the common wealths in woh the church is grante
them. And therfor while they grante none, _Z" doubte tlmt not
only Mr. Lugar, but also some others that Ifeare adhere to much
to him, conceaue that they may proceed wth Ecclesiasticall
persons an w'.b others, and accordingly they seeme to resolue to
bind them to all there lawes, and to exacte of them as of
others, and in practice already they haue formerly granted
warrants against some that dwell w'b us, whom though the
shrive (who hath formerly bin a purseuante, and is now a
cheife protestante) desyred me to send him downe, Yet he
added (euen befor the Gouernor if I be not mistaken) that he
must otherwyse fech him downe. Againe euen already befor
your hr*? haue confirmed the lawes ; Mr. Lugar hath demaunded
of me to be paid this yeere fifteene hundred weigld of Tobacco
towards tlie bulding a fort, Wheras I dare boldly say that the
whole Colony together neuer bestowed on me the worth
of fiue hundred weight one would thinke that euen out of
Gratitude, they might free us from such kinde of taxation
easpecially seing, we put noe taxe upon them, but healpe
them gratis, and healpe them also in such a manner, that I am
sure they canne not complaine.
Secondly by the new lawe we should relinquish wliat we haue,
and then cast lotts in what place we shall chooce, and if our
lott prooue ill, what we haue already may be chosen from us
and soe we may beginne the world anew, and then ether we
must loose all our buldinge, all our cleering, all our en
closures, and all our tennants, or else be forced to sitt free
holders, and to pay for euery hundred acres one barrell of
corne wheras we are not yet in a little care to gitt bread.

164

3d.ly Though we should haue the best lott ; yet if we should
choose Metapanian first, then we are sure to loose Mf Gerards
Mannor, notw'bstanding that we haue bought it at a deere
raite, and if we permite this precident that Assemblys may
alter mens rights ; noe man shall shall neuer be sure of what he
hath, but he that canne git most proxis in euery assembly
shall dispose of any mans estate that he pleaseth, w"b is most
unlawfull in the churches state, for any secular man to doe,
and for ecclesiasticall persons to permite.
4tbly Taking any Mannor, we must be trained as sooldeirs we
must prouide munition, we must haue in euery mannor 15 free
men ready for the seruice of the country, whom we must also
maintaine in time of seruice, and others things we should be
subiecte to by these lawes, wcb would be uery unfitt for us.
5"/ It is expected that euery head plante two acres of
Corne, wheras therfor already we find by experience that we
canne not possibly employ halfe our number in planting, we
must ether turne planters ourselues, or else be forced to be
trenching upon this law and as more cumme in unlesse our men
also increase we shall still trench more.
g*iy tyre should not only loose our trade in Beauer and
Corne, but euen for the corne weh we shall need to buy for bread,
we must aske leaue, and if such as are to giue leaue should
haue a desygne to monopolize the Corne, or for any other
respects would be crose, upon what extremityes would the
quickly cast us ; really, I should be uery loth to Hue at the
curtesy of other men.
7l? Though I am resolued to take no land but under your
lo?*." title yet time may cumme, that perhaps it would prooue noe
small ineonuenience, that a conuerted Indian Kinge may not
giue to him to eonuerteth soe much land as might suffice
to buld a church or a house on, And I would desyre your

165
lorp.° to enquire whether any one that should goe aboute
to restraine ecclesiasticall libertys in this points encurre not
the excommunications of Bulla Ccenae
8^ Jn euery Mannor 100 acres must be laid out for Gleabe
lande, if then the intention should be to bind them to be pas
tors who enioy it, we must ether, by retaining soe much euen
in our owne land undertake the office of Pastors, or lesse euen
in our owne Mannor maintaine Pastors, both w°.h to us would
be uery Inconuenient.
9l7 That it may be preuented that noe woman here uow
cliastety in the world, unlesse she marry w'bin seaucn yeers
after land fall to hir, she must ether dispose away of hir land,
or else she shall forfeitc it to the ncxte of kinnc, and if she
haue but one Mannor, wheras she canne not alienaite it, it is
gonne unlesse she git a husband. To what purpose this
ole law is maid your lorpe perhaps will see better then I for
my parte I see greate difficultyes in it, but to what purpose I
well see not.
10'r Jn the order sett downe for paiment of debts, I had not
time to examine it, I desyn your lorpo to gitt it well pondered,
for I doubte It runneth not right w'b that woh is ordinarily
prescribed by Casuits as iust.
II1? In the 3Jf. law amonge the Enormous Crime One is
Exercisinge iuridiction and authoritye, w'hout lawfull power and
commission diriued from the lord proprietarie. Herby euen
by Catholiques a law is prouided to hange any catholique
bishop that should cumme hither and also euery preist, if the
exercise of his functions be interprited iuridiction or authority.
Diuerse other things I doubte not but that your lorp.6 will ob-
serue, when w'h better consideration then I haue donne, you
shall reed ouer these lawes. Yet this may suffice to giue your
lorpe a Caution not to be inuolued in these grose ouersyghts.

166
I hope that gods grace time and good instruction may by
degrees make men here more sensable of god, and of his
church and of the conuersion of Infidels hertofor soe much
pretended But for the present gods cause is committed to
your lor1!8 hands
And that your lorp.6 may be sure to proceed right therein, I
beseech your lorp.6 befor you doe any thinge aboute these
lawes, that yon would be pleased to reed ouer and to ponder
well the Bulla Coense. Secondly that in things concerninge the
church your lorpe would take good aduise of the church.
Thirdly that your lorp.6 would be uery wary not to trench
upon the church and where any thinge may seeme to trench,
to use fitt pneuention against the bad consequence. And to
healpe to settle our quiet here. I beseech your lorp.6 to send
me a priuate order, that we may while the gouerment is
catholique enioy thes priuiledges follow
The first that the church and our houses may be Sanctuarie
The second that our selues and our domestique seruants, and
halfe at least of our planting seruants, may be free from pub
lique taxes and, seruices, And that the rest of our seruants and
our tennants, though exteriorly the doe as others
All their ten- in the Colony, Yet that in the manner of exact-
nants as well • j ¦ ., . .. ,, „ ,
as seruants m^ or doinS xt> Priuatly the custome of other
he intimates catholiques countrye may be obserued as much as
heere ought may be tnat catholiques out of bad practice
to be exempt- _
ed from the cumme not to iovS^ those due respects wob they
t e m p o r a 1 1 owe to god and his church.
[JfJukl^ The tMnl is that thou9h in PuhU(lue we suffer
timore'shand.] our cause to be heard and tryed by the publique
magestrafs, yet that in priuate they know, that
they doe it but as arbitrators and defendors of the church
because Ecclesiasticall iuridiction is not yet here setled.

167
The fourth. That in our owne persons and wth such as are
needfull to assiste us, we may freely goe, abide and Hue amonge
the Sauages, w'b out any licence to be had here from the
Gouernor, or any other.
lastly, that though we relinguish the use of many ecclesias-
ticall priueledge when we iudge it conuenient for satisfaction
of the state at home, yet that it be left to our discretion
to determine when this is requisite ; and that we be suffered to
enioy such other priueledges as we may wtb out note.
And touching our temporaltyes. first J beseech your lorp.6
that we may take up and keepe soe much lande, as in my for
mer letters I acquainted your lor"6 to be requisite for our
present occasions, according to the first conditions wob we maid
wtb your lor".6 and that albeit we now take not up neere our
due, yet that herafter we may take it up when we find it fitt
according to our aduentures. And if of that w6h we now haue
a parte proue conuenient to be laide out for a towne at
S? Maries, Be eonfidente that I will be as forwarde and free as
any. Soe that things be carried in a faire and axpiall manner.
But I uerily belieue that if the lande be left in our hand, the
place shall much sooner be bult on and planted, then if it be
taken out.
In the trade I shall requeste that your lorpe performe soe much,
as that we may employ one bote whensoeuer we shall not otlier-
wyse use it, My reason is, because of necessitye we must
keepe a bote and when we use hir not, if we haue not this
enploiment for hir we shall not be able to supporte hir charge.
The thinge is uery necessarie for us, and not inconuenient to
your lorpe whatsoeuer some ouer greedy to engrose this trade
may suggest to the contrarie. I assure my selfe that your
lor?6 will not stande w'h us for soe small a matter. The game
I ualew uery little, but the conueniency uery much, and

168

therfor I beseech your lorpe not to runne us into a greate
inconuenience for a uery small or noe profitt to your selfe.
I desyre lykwysefrom your lorp." a free Grante to buy com
of the Indians w"'out asking leaue here, for endeed It will be a
greate pressure to eate our bread at there curtesye, who as yet
I haue found but uery little curtuous. Certainly while the
cheife of this Colony thus wholy neglect planting, and thinke
on nothing but on a pedling trade certainly in the Colony,
they will still make a scarcity of bread, and in that scarcity
if we shall not be able to healpe ourselues nor the Colonye
wthout there leaue, that make the want, many greate difficul-
tyes may follow. Certainly I haue this yeere planted, much
more, then the greatest parte of the Colonye besyde, and soe
intende to continue what I am able, because endeed in planting
I place my greatest hope, yet for some yeers I know that I
must bny, and in buying there canne be noe inconuenience to
your lorp.° to grante me a generall licence. And therfor I
trust that your lorpe will not denye it, and to encourage your
lorp.6 to doe us fauour, this much I will be bold to tell your
lorpe that though my principall intention be to serue your
lorp.° to the prime end, w°h is the healpe of soulcs, yet in
peopling and planting this place, I am sure that none haue
donne neere soe much as we, nor endeed are lykly to doe soe
much. We are resolued to Hue and dye here under your
lorp.6 wob I thinke few others are. Sweete Jesus grante that
all may be to his greatest glorie, and if to this your lorp.6 freely
concurre, God I doubte not will also concurre wtb your lorl6 and
for this blesse the rest, wob I beseech him to doe wth as many
Blessings as he wisheth who will euer be
Your lorpo serious well wisher and
seruant T. C.
S. Maries this 3 of Aprill
1638.

169

Since the writing of the former letter I am told that
Mf Lugar defends publiquely in the Colony, that an assembly
may dispose here of any mans lands or goods as it please
if this weare once bruted and belieued I conceaue that none
would ether cumme or abide here, easpecially where if any
factious working man canne but procure an ouerswaing num
ber of Voices by Proxes, he shall undoe whome he please,
and none shall be sure of any thinge that he hath, seeing
experience hath shewed that one that would labor for it, may
quickly git such a faction and such an ouerswaing uoice
of Proxis that he may carry what he will really I much feare,
that this ouerbusye stirringe to many new querks and deuises,
will neuer doe your lor?6 nor the Colony good. I pray god it
doe not much harme, according to the old prouerbe that a
busye man neuer wants Woe.

No. 8.
THOMAS CORNWALEYS TO LORD BALTIMORE.
16 Aprill 1638
Mf Tho : Cornwaleys
to me '
from S? Maries
Right Ho1/
I receaued y' Letf dated the 25 : of May last for wcb and
y' therein nobly proffered favoures, I should before this time
haue retourned humble thanks, had I not hoped in person toe
haue kist yf hands this yeere in England; But yf Lop.8 Ser
vice and the pretended Good of Maryland, would not permit
mee toe provide for my Journy, nor yet toe follow my owne
affayres when my best dilligence had beene most vrgently
22

170

needefull for the Accomodating of them toe my best Advan
tage. Wob how jireiuditiall it proued toe mee heere Capt:
Anthony Hopson whoe with his Ship was then vpon his
departure from hense can partly informe you if you suppose
it worth the questioning, And what it may bee in England
should my wiues tooe probable indisposition disenable her from
manageing my affayres there, yr Lop: may Imagin. Yet I
think non can say that my Pryvate Interrest made mee much
repine at the Authorety that comanded mee, nor negligently
Execute what was expected from mee, wob though it proued
nothing soe difficult or dangerouse as was Imageined, yet
I suppose the Easy effecting of the busynes, doth not demin-
ish the desert of good Desires, but may pas for noe impertinent
demonstration, of my reall respects toe yT Lop." Service, notwith
standing the many Sugiestions made toe you of the Contrary,
of w6b were I Guilty more then I supposed Honor and
Contiens did oblige mee, I should not I feare haue the
Humillety toe deny it, obstinasy beeing allwayse the effect of
self conceited opinions, of wob I hope I am soe Innocent that
if youre Lop : or any other can Accuse mee for wilfully
swarueing from that vnblameable rule by wob I pretend toe
Guide myself and my Actions I am soe far from Perrentory
persisting in my Error, As I will not only Acknowledg my
fault, but allsoe make what satisfaction the Iniured Party can
Expect from my vtmost Abillety. Nor can I think but
I haue reason toe Expect the like from others, And therefore
I hope what Agreement soe ever yr Lop: makes with Capt:
Clayborne, you will eyther Include such A Satisfaction for the
Damages Ireceaued by him, as shall bee worthe my Acceptance,
or leaue mee roome toe seeke it myself Woh I assure him I will
not fayle toe doe if ever wee meete where there is hope of
Impartiall Justice, as I promised his Agents when they had
basely betrayde mee. On of whom now Lyes at yr mercy for

171
his Life, And wch is Strange I am A Suter for his Pardon out
of meere Charety towards his Poore wife and Children. Wob
are reasons that would induce mee toe doe the Like for theyre
Cheefe Capt : did hee stand in the Like circumstances, As I
doubt not but hee will if hee gayne not A quietus from his
MatJr : or yr Lop : for how wee haue proceeded agaynst him
heere you will see by the Act made for his Atayneture, wcb
comes for yr Lops Confirmation with many others among wcb if
there were non more vnjust, I should bee as Confydent toe see
this same A happy Common wealthe as I am now of the Con
trary if yr Lop bee not more wary in Confirmeing then wee
haue beene wise in Proposeing. Therefore I beseeche yr Lop :
for his Sake whose honor you and wee doe heere pretend, and
whoe at Last must Judg wth what Sincerety wee haue dis
charged it, That you from whose Consent they must receaue
the bindeing fors of Lawes, will not permit the Least Clawes
toe pas that shall not first bee throughly Scand and resolued
by wise Learned and Religious Divines toe bee noe waise
prejuditiall toe the Immunettyes and Priveledges of that
Church woh is the only true Guide toe all Eternall Happines,
of woh wee shall shew oureselues the most vngratefull members
that ever shee nourished, if in requiteall of those many favors
and Blessings that shee and her devoute Servants haue
obtayned for vs, wee attempt toe depriue her or them, of more
then wee can giue them or take from them, with out paying
such A Price as hee that Buyes it will repent his Bargayne.
What are her Greevances, and how toe bee remedyed, you will
I doubt not vnderstand at Large from those whoe are more
knowing in her rights and Consequently more sensyble of her
Iniuryes then such an Ignorant Creature as I am. Wherefore
now all that belongs toe mee, is only toe importune yr. Lop :
in whose powre t'is yet toe mend what wee haue done Amis,
toe bee most Carefull in preserueing his Honor whoe must

172
Preserue both you and Maryland. Perhaps this fault hath
beene permitted in vs as A favoure toe yr Lo? whereby you
may declare the Sincerety of yr : first pyouse pretence for the
Planting of this desert Province, w°b will bee toe much
doubted of if you should take Advantage of oure Ignorant
and vncontionable proceedeings toe Assume more then wee can
Justly giue you. And for A Little Imaginary Honor, throw
yr self vs and yr Country out of that protection w61' hath
hithertoe preserued and Prospered that and vs beyound
Humaine Expectation ; wcb noe doubt will bee continued if
wee Continue as wee ought, toe bee, I never yet heard of any
that Lost by beeing bountyfull toe God or his Church, then
let not y' Lo? feare toe bee the first. Giue vntoe God what
doth belong toe him, and doubt not but Cesar shall receaue his
due. If y' Lo? thinks mee tooe teadious in A discourse not
proper toe the Part that I doe Act, my Interest in the whole
Action must excuse mee, Sylence would perhaps make mee
Supposed Accessary toe these dangerouse Positions, wob is soe
far from my Intention, that as I now declare toe youre
Lo? and shall not feare toe doe the like toe all the world if it
bee necessary, I will rather Sacrifice myself and all I haue in
the defence of Gods Honor and his Churches right, then
willingly Consent toe anything that may not stand with the
Good Contiens of A Real Catholick. ~Wh resolution if yr
Lo? doe not allsoe make good by A Religious Care of what
you send over Authorised by yr Consent, I shall with as much
Convenient speede as I can with draw myself, and what
is Left of that w6h I brought with mee, out of the Danger of
beeing involud in the ruein wcb I shall infallibly expect.
Yf Lo? knowes my Securety of Contiens was the first Con
dition that I expected from this Government, wob then
you thought soe Inocent as you Conceaved the proposition

173
altogether impertinent, But now I hope you will perceaue the
Contrary. Nor were it difficult out of the Lawes sent over
by yf Lop, or these that are from hence proposed toe you, toe
finde Just grounds for toe feare the Introdusement of Lawes
preiuditiall toe oure honors and freedome witnes that on Act
wliereby wee are exposde to A remediles Suffering of all Dis
graces and Insolensyes that eyther the Pastion or Mollis of Suck-
seedeing Go™ shall please toe put vpon vs, with out beeing per
mitted soe much as A Lawfull defence for the secureing
of Life or reputation though never soe vniustly Attempted toe
bee taken from vs, with out forfeyteing the same and all wee
haue too boote. This and many other Absurdetyes I doubt
not but yr Lop : will finde and Correct Vpon the peruseall of
oure Learned Lawes, Among wch there is on that Confirmes
the trade with the Indians for all Comodetyes toe bee ex
ported vntoe yr Lop : by w6b there is now in you an vn-
doubted Powre for toe ratefy yr first Conditions with the first
Adventurers, wch I doubt not but yf Lo? will performe toe
theyre Content, whereby they may bee better Enabled
and more obliged toe prosecute the good work they haue
begun toe God's Honor and yf Lo?" Proffitt. for my part I
will not deny myself toe bee perhaps on of the meanest
deseruers among them, vnless desires might pas for merritts
and then I durst compare with him that wisheth best toe
Maryland. As I haue endeavored toe manifest by all ex-
prestions that haue come within my reach, nor will I yet
desist from doeing soe, if I may bee soe happy as toe see this
differens betwixt the Church and Government well reconsiled
agayne. And yr Lo? at Peace with the first Adventurers, whoe
are I perceaue noe whit satisfyed with theyre Last Conditions
for the Trade, Theyre harts haueing it seems not seconded
theyre hands in the Agreement, but some for loue some for

174

feare some by Importunety and the rest for Company
consented toe what they now repine toe stand toe, nor can I
blame them for tis impossible they can bee sauers by it. W6b
made mee refuse toe beare them Company, and therefore am I
now the only Supposed Enemy toe yr Lo?8 Proflitt, wch I
disclayme from vnless there bee an Antipothy betwixt that
and my Subcistance on this Place, yr Lop : knowes I came
not hither for toe plant Tobacco But haue toe my noe Little
Preiudice hithertoe imployde myself and Servants in Publick
works. The building of the mill was I Assure yr. Lop: A
vast Charge vntoe mee, for besides the Labor of all my owne
servants for two yeeres, I was at the Charge of divers Hire
lings at 100 : weight of Tob : the monthe with dyet when
Corne was at 2 : and 300 weight the Barrell, all wcb besides
divers materialls for it at Excessive rates is all vtterly lost by
tlie Ignorance of A fooleish milwright whoe set it vpon A
Streame that will not fill soe much in six weekes as will grinde
six bushells of Corne, soe that myself nor the Colony is any
whit the better for all the payns and Cost I haue beene
at aboute it ; yet doe I not deserue the les of Maryland, for I
spared noe Cost nor labor for toe make good toe the vtmost
what was Expected from mee, nor will I yet desert it for if I
bee not tooe much discouraged by youre Lop I intend toe be
stow on 100° or 2 : more in remoueing of it toe a better
Streame, if I can but see such A number in the Colony
as will mayntayne A mill with Greeste in the meane time lam
building of A house toe put my head in, of sawn Timber framed
A story and half hygh, with A seller and Chimnies of brick toe
Encourage others toe follow my Example, for hithertoe wee Liue
in Cottages, and for my part I haue not yet had Leysure toe
Attend my pryvate Conveniensy nor Proffitt w6b is not a
Little necessary for mee, haueing run myself and fortune

175
allmost out of breathe in Pursute of the Publick good as I
doubt not but it will appeere heereafter toe all impartiall
Judgments, for I think allready few in the Colony will deny
but that the Generallety was Les in debt, necessary Goods
more Plentifull and better Cheape, when I only supplyed
them, and that at the worst hand with goods bought at the
Virginian rates, then now they are, when the Country doth
abounde with many Dealers, for wob though I am sorry in
respect of the Publick Penury, yet I cannot but Acknowledg
it as A great favor of Allmighty Gods toe mee, since by it is
manifested that had I had noe better motiue then the gayne I
made, I should never haue put myself toe the Charge paynes
and dangers that I under went in tlie busines. Though
I know the Contrary was generally beleeucd in England,
where I was soe much behoulding toe the Charety, or rather
Iniured by the mallis of some good People, as toe bee reported
for A most vncontionable Extortioner of wcb Sin were I
guilty I feare I should not soe willingly desist from farther
dealeing as now I doe, for seldome or never have I heard or
seene Covetousnes decrease with Age, And yet I thank God I
finde noe propention toe continue the troble, though I neyther
perceaue my Debtors or Creditors weary of my dealeing, but
myself weary of the busynes And am therefore vnwindeing
myself from these mecannick negotiations as fast as I can re
cover in my debts, That others may haue roome toe win what
I haue lost by Maryland, nor. will I Grudge toe sec the
Suckses answer theyre Expectation, Provided that the Place
may thriue as well as they, for I profes myself soe reall A well
wisher towards it, That all Pryvate respects are vndervallued
if they Stand in Competition with the Publick good. Though
I think non hath had les encouragement toe continue theyre
good wills toe that or youre Lo?" Service then myself. It

176

beeing thought tooe much after all the Labors and Dangers
that I haue run through, and all the Costs and Charges that
I haue been att, that I should share in any Proffitts that the
Place affords, though for the mayntayneing of myself and
famely vpon the Place I haue hithertoe yeerely Exhausted soe
great A part of A Poore younger brothers fortune, as if
I continue it with out some releeue it must needes in time
make me vncapable of doeing good toe that or myself. Toe
prevent wob I was this yeere determined toe haue waighted
vpon yf Lo? in England, and on way or other toe haue Con
cluded this fateall difference aboute the Trade, for my Lord
I may properly vse the words of the Ghospell, I cannot Digg
and to Begg I am Ashamed, if therefor yf Lo? nor y' Coun
try will afford mee noe other way toe support the great
Expenses that I haue beene and dayly am at for my Sub-
cistans heere, but what I must fetch out of the Grounde
by Planting this Stincking weede of America, I must desert
the Place and busynes, w°b I confes I shall bee loth toe doe,
soe Cordiall A lover am I of them both, yet if I am forst toe
it by discourteous Iniuries I shall not weepe at parting nor
despayro toe finde heauen as neere toe other parts as Mary
land. But I will first doe my Endeavor toe Compose things
soe as non shall say heereafter that I lost A right I bought soe
deere through negligens or Ignorans. Other mens Imagina
tions are noe infallible presidents toe mee, nor will the multi
tude of names nor Seales, moue mee toe bee A foole for Com
pany, for what in them was only Inadvertens, non would
tearm less then foolery in mee, whoe might or ought toe know by
experiens, that it is impossible toe Comply with the Conditions
mentioned in the Lease and bee A Sauer by them. And yet for
my refuseing toe doe like the rest I doubt not but I am
Sugiested the only Antagonist toe yr Lo?8 Proffitt. When if

177
the thing were rightly vnderstood you would Acknowledg
that I haue done you more right then myself, by not Sub-
scribeing toe what I should' never haue intended willingly toe
performe, there wanting not meanes by the neighbourhood of
Virginia toe haue Easely Avoyded it. Soe that the Event
would haue been insteade of the Expected Proffit, the los of
the best part of the trade, wob would haue been drawne out of
yr Territoryes by yr own Subiects, whoe beeing there by forst
toe shelter themselues vnder another Government, and finde-
ing perhaps A Little Sweetnes in it, would quickly grow toe
such an Avertion agaynst this Supposed oprestion, As nothing
would bee more hatefull toe them then you and y' Au-
thorety, And Consequently non soe forward toe depres both
that and you, as those that otherwise would bee Zealous
Defenders of you both. Had my owne right noe ref-
erens toe these reasons my Single opposition would haue
Appeered more meritorious then blameable, nor would that
alter the Case did you but vnderstand how Httle my pry-
vate Proffit would haue beene preiudised by it. All the
Inconveniens that I can reflect on toe myself, would haue
beene my fetching the Truck, and carrying what beaver I
could get, from and toe Virginia without bayting at St.
Maryes. for I think non of the Adventurers would haue
grudged mee A little share with them, or at Least denyed toe
wink at my proceedeings if they had met mee, but rather
perhaps haue done the like themselues, and where then had
beene yr Lops pretended proffitt. But these are my Lord
wayse soe Contrary toe my disposition, as I scorn toe profes
the practiseing. I protest toe yr Lo? that I am Ashamed toe
heare Strangers sometimes take notis of what I haue done and
suffered for you and youre Country, and yet toe conclude that
neyther my person nor my Estate is secure from Iniury if I
23

178
venture for toe trade in Maryland, without beeing behoulding
toe my Servants Secresy, or goeing with as much ¦ Cawtion as if
I stoale what I gott. wob poore kinde of proceedeing is so dis-
tastfull toe mee that though I haue beene (for Avoydeing
greater Inconvenienses) contented for A time toe stoope vnder
the burthen, yet am I soe weary of the weight as deemeing it
tooe vnworthy of my Longer Patiens that I am resolued toe
desert the Place, if neyther the right of my first Adventure, nor
the Suckceedeing Exprestions of my fidellety toe yr Service and
yr Countryes good can merrit soe much favoure from y' Lo? as
toe permit mee freely for toe rent at least soe much yearely as
I ventured before I knew whether I should win or loose by
the Bargayne. The Proffit of tradeing 60 : pounde p': yeere
wob is the sum I shall bee satisfyed with all, if you shall not
think fit toe enlarge it out of yr owne noblenes as an Encou
ragement toe my future deserts, will vndoubtedly never make
mee rich, nor am I ambitious of it, I neuer yet pretended for
toe get by Maryland, all I desire is but A help toe keepe mee
from Sinking, as you may see by the reasonablenes of my re
quest. wcb yet if yr Lo? please toe grant without farther troble
toe yrself or mee, I shall take it as the greatest exprestion of
yr Lo?8 favoure towards mee that ever yet I could boast of.
And accordingly by A reall desire to deserue the Continueance
Endeavor toe expres A respectiue Acknowledgment of yr
readines toe doe mee right w°h if I can gayne A fayre way
and youre Lops favoure toe boote, it were tooe greate A disre-
spectiuenes in mee for toe Attempt the Contrary. If now
therefore the Suckses answers not my Expectation I cannot
help it whoe haue done my part toe let you see how desireous
I am toe Avoyde all Publick disputes with you or yr. Autho-
rety, whilst I am A poore member of yr Colony. What
Course the rest of the first Adventurers will steere I know

179
not, for I am Left toe guide my Bark Alone nor would I
willingly bee otherwise, vnles wee could vnite oure Harts as
well as Purses, w* not beeing fesible, I despayre of ever
doeing good in partnerships, and am therefore resolued toe
haue noe more Interest in Comon Stocks, yet will I not bee
much preiuditiall toe those that will, for what I promice eyther
for price or quantety shall not fayle toe bee most punctuaUy
performed, only I love toe bee the manager of my owne
Affayres, wob favoure if youre Lo? please toe grant mee I shall
not care for other Approbation. Newes I know yr. Lo? lookes
for non but what Concernes the Comonwealth of Maryland in
wob what I am defectiue J doubt not but yr. Secretary will
Supply whoe is as quick as I am Slow in writeing) and there
fore in that part A verryfit Subiectfor the place hee bears, And
if hee proues not tooe Stiff A maintayner of his owne opinions,
and Somewhat tooe forward in Sugiesting new busineses for
his owne imployment, hee may perhaps doe God and yr Lop i
good Service heere I should bee Sorry toe Change M" Hawley
for him, whoe I perceaue stands not soe perfect in yr Lop" t
favoure as I could wish him wch perhaps some takeing Advan
tage at, and willing for toe fish in trobled waters, may by
discourteous proceedeings towards him make him Weary of
vnproffitable Maryland, And fors him toe A Change more for
his peace and Proffit. As Doubtles Virginia would bee toe him
if hee make good what hee hath vndertaken, of woh I see noe
other Likelihood if hee haue not left his worst Enemies
behinde him, Among woh number I am Sorry toe see such
probabillety of yr Lopf beeing on as I perceaue there is. What
reasons you haue for it is vnknowne toe mee, nor doe I pre
sume toe Judg where the fault is, All that I wish as A Poore
friende of his, is that yr Lo? rightly vnderstood him for
from thens I verrely beleeue doth flow those Jealosyes that I

180

preceaue are risen betwixt you, w6h beeing increast by misappre-
hentions of Contentious Spirits must certaynely if not in time
prevented by some Charitable reconsiliation breake forth with
such vyolens as will endanger the noe little preiudice of on or
both of you. I Assure yr Lop: did I know any Just Cause
toe Suspect his Sinserety toe Maryland, or the designe wee
come vpon, I should not bee soe Confydent of his Innosence
in deserueing toe ill from you or this Place. I cannot my
Lord Suppose A little verball vehemensy vttered in the defens
of A mans owne Supposed right, Suffitient toe Conclude him
guilty of looseing all former respects toe greater obligations,
wch if it bee soe greate A Crime I am toe seeke where I should
finde on that would bee free when hee Supposeth his right
vniustly questioned. I must confes I cannot pleade not
guilty, and yet I doubt not but my greatest Enemies doe
really beleeue mee for toe bee as I am A most vnfayned friende
toe Maryland. And soe I am confident will M* Hawley
Appeere if you will giue him time and ocation for toe manifest
it, and not by vyolent discourtesyes vpon vncertaine suppositions
fors him toe Change his good intentions y' Lop : knowes how
many difficultyes hee past in England, nor hath hee beene
exempt from the like in these parts, and therefore hee is not
too bee blamed for laying howld of some probable way toe
repayre his many misfortunes, there beeing noe Antipothy
betwixt that and the continueing of his respects vntoe yr.
Lop. Well may the dischargeing of the office hee hath
vndertaken invite him sometimes toe Looke towards Virginia,
but certaynely not with preiudice toe Maryland, from whens
hee receaues the greatest Comforts that the world affords him
both for Sowle and body the on from the Church the other
from his wife, whoe by her comportment in these difficult
affayrs of her husbands, hath manifested as much virtue and

181
discrestion as can bee expected from the Sex she owes, whose
Industrious huswifery hath soe Adorned this Desert, that
should his discouragements fors him toe withdraw himself and
her, it would not A Little Eclips the Glory of Maryland.
Thus haue I my Lord at large According toe my Capacety
commended toe yr noble Consideration such Greevanses as for
the present I am most sensible of, toe wcb I hope toe receaue
soe satisfactory an answer from yr. Lov : as will Encourage mee
toe A resolution of fixing my Earthly Tabernacle in Maryland.
Though I am now prepareing for A visit the next yeere intoe
England, where I will Supply what is heere wanting concern
ing the affayres of Maryland. wch now wants A Commander
for Martiall Cause I havcing vpon my determination of
goeing this yeere for England Surrendered it vp and am loth
for soe short A time toe take it Agayne, nevertlieles at yr
Lop.' request, I shall if the Governor commands mee see that the
Publick shall not Suffer for want of Such poore Instructions as
I can giue them, whilst I am resident among them, or that
some other more able man discharge mee of the Care. In the
mean time as I haue ever been A ReaU Defender of yr.
Lo?.8 right, Soe may you bee Confydent that I will continue.
As beeing desireous in all Just wayes toe manyfest myself
Youre really respectiue freind and Servant
Tho: Coenwaleys
from S? Maryes this 6th of Aprill 1638.

182

No. 9.
GOV. LEONARD CALVERT TO LORD BALTIMORE.
[Indorsement.] 25 Aprill 1638
My Bro : Leonard to
me. from Virginea.
the taking of the He of Kent
Palmers Hand what number of
people & catle vpon them.
Portobacke.
Cedar redd-birdmatts &
Lyon.
Good Brother :
I haue endeauored this last winter to bring the Inhabitants
of the He of Kent willingly to submit themselues to your
gouernement and to incourage them therevnto I wrote vnto
them a letter in Noucmber, where amongst other motines
I vsed to perswade them, I promised to free them from all
question of any former contempts they had committed against
you, so that they would from thence forward desist from the
like and submit themselues to the gouernmen? and to shew
them greater fauor I gaue them the choice to name whom
they would of the Inhabitants of the Ileand to be theire com-
maunder ; but one Jhon Butler Cleybornes brother in law and
one Tho: Smith an agent of Cleybornes vpon Kent was
of such power amongst them that they perswaded them still to
continue in theire former contumacie vpon notice giuen
me hereof, I presently appointed Cap? Euelin Commander

183
of the Ileand w°.h formerly I purposely omitted because he
was had in a generall dislike amongst them, him they con
temned and committed many Insolencies against ; wherefore
findeing all faire meanes I could vse to be in vaine, and that
no way but compulsion was left, I gathered togeather about
twenty musketteers out of the Colony of S? Maries and
appointing the command of them to Cap? Cornewallis whom
I toocke as my assistant w'b me, I sat saile from S? Maries
towards Kent about the latter end of November, intending to
apprehend Smith and Butler if I could, and by the example
of theire punishm? to reduce the rest to obedience, but it
beeing then farre in the winter, the windes were so cross and
the weather so fowle in the bay, that after I had remayned a
week vpon the water I was forct to returne back and deferre
that expedition vntill some fitter tyme, two months affter in
the beginning of ffebruarie I was giuen to vnderstand that the
Indians at the head of the bay called the Sasquahannoughs
intended in the spring following to make warre vpon vs at
S? Maries pretending revenge for our assisting of our neigh
bors Indians against them two yeares before (wob we neuer did
though they will needs thinck so) and that they were incour-
aged much against vs by Thomas Smith who had transplanted
himselfe w'b other English from the He of Kent the last sum
mer to an Ileand at the head of the bay fower miles below the
falls called Palmers Ileand and vnderstanding likewise that
they had planted and fortified themselues there by directions
from Cap' Cleybourne w'.h intent to Hue there independent of
you (because they supposed it out of the limits of your
Prouince) and that the b* Smith and Mf Botler whom I haue
formerly mentioned was then preparing to carrie a farther
supply from Kent both of men and necessaries to the
s? Ileand ; I thought it expedient to stop theire proceedings in

184
the beginnings, and for that purpose haueing aduised wtb the
councell about the busines I sat forth from S? Maries for the
He of Kent w'b thirtie choice musketteers takeing Cap? Corne-
walleis and Capt : Euelin in my company to Cap? Cornew : I
appointed the command of those Soldiers I carried wtb me, and
afterward arriuing at the a*. Ileand I landed wtb my company
a little before sunne rise, at the southermost end thereof
where Cap? Cleybornes howse is seated w'bin a small ffbrt of
Pallysadoes, but findeing the gate towards the sea at my
comeing fast barred in the inside one of my company beeing
acquainted wth the place quickly fownd passage in at an other
gate and commeing to the gate wob I was at opened vnto me,
so that I was arriued and entered the fort w'bout notice taken
by any of the Ileand w6b I did desire, the easilier to appre
hend Boteler and Smith the cheife incenduaries of the former
seditions and mutinies vpon the Ileand, before they should be
able to make head against me, and vnderstanding that Boteler
and Smith were not then at the fort but at theire seuerall
plantations I sent to all the lodgeings in the fort and caused
all the persons that were fownd in them to be brought vnto
me thereby to preuent theire giueing vntymely notice vnto
Boteler and Smith of my commeing, and takeing them all
alongst w'b me I marched w'.b my company from thence
w'.b what speed I could towards Botelers dwelling called the
great thicket some fiue miles from the fort and appointed
my Pinnass to meet me at an other Place called Craford,
and makeing a stand about halfe a mile short of the place,
I sent my Ensigne one Mf Clerck (that came once w'h
Mf Copley) from England) w'.h tenne musketteires to Butler
to acquaint him that I was come vpon the Ileand to settle
the gouernement thereof and commaund his present repaire
vnto me at Craford two miles distant from thence, w°.b the

185
Ensigne accordingly did and brought Boteler vnto me before I
remoued from where he left me, after I had thus possessed
myselfe of him I sent my Serieant one Robert Vaugham
w'.b six musketteires to Thomas Smiths who liued at a place
called beauer neck right against Boteler on the other side of a
Creeck wtb like commands as I had formerly giuen for Bote
ler, and then marching forward w'.h your Ensigne displayed to
Craford by the tyme I was come thither Smith was brought
vnto me where haueing both the cheife delinquents against you
I first charged them w'.b theire crimes and afterward committed
them Prisoners aboard the Pinnass I came in and appointed a
gard ouer them, after I caused a proclamation to be made of a
generall pardon to all other the Inhabitants of the Ileand ex
cepting Boteler and Smith for all former contempts against
you that should w'bin fower and twenty bowers after the
proclaiming of the same come in and submit themselues to
your gouernement wherevpon w'bin the time appointed the
whole Ileand came in and submitted themselues, haueing
receiued theire submission, I exorted them to a faithfull con
tinuance of the same, and encouraged them thereto by assure*
ing them how ready you would be alwayes vpon theire
deserts to condescend to any thing for theire goods : Afterward
I gaue order for the carrieing of Boteler and Smith to
S? Maries in the Pinnass I came in, and w'.b them sent most of
the Soldiers as a gard vpon them commaunding them to be
deliuered into the custody of the sheriffe at S? Maries vntill
my returne and my Pinnass to returne to the Ileand to me,
where tiU my Pinnasses returne I held a court and heard and
determined diuerse causes between the Inhabitants, at the end
of the s* court I assembled all the Inhabitants to make choise
of theire delegates to be present for them at a generall assenw
bly then held at S? Maries for the makeing of Lawes wob they
24

186

accordingly did, and before my departure from them I gaue
them to vnderstand that euery man that held or desired to
hold any land in the Ileand, it was necessarie they should take
pattents of it vnder the seale of the Prouince as holding it of
you wcb they were all very desireous of, so that some tyme this
summer I promised to come to the Ileand and bring Mf Lew-
ger wlb me to suruay and lay out theire lands for them and
then to pass grants vnto the of it, reserueing onely such rents
and seruices to you as the law of the Prouince should appoint
there is vpon the Ileand about one hundred and twentie men
able to beare armes as neer as I could gather of the women and
children I can make no estimate, in. conclusion appointing the
command of the Ileand to three of them, vist : to Mf Robert
Philpot as commaunder and Willia Cox and Tho ; Alle ioynt
commissioners w'.b him I departed for S? Maries, where after
my arriuall I called a grand inquest vpon Smith who fownd
a bill against him for Pyracie, wherevpon he was arraigned
before the assembly and by the condemned to suffer death
and forfeit, as by a particular act for that purpose assented
vnto by the whole howse and sent vnto you, you will per-
ceiue ; I haue omitted as yet to call Mf Boteler to his tryall,
because I am in hopes by shewing fauor vnto him to make
him a good member, but I haue not as yet released him,
though I haue taken him out of the sheriffes custody into my
owne howse where I intend to haue him remayne vntill I haue
made farther experience of his disposition and if I can win
him to a good inclination to your Seruice, I shall thinck him
fittest to take the commaund of the He of Kent ; for those
others w°.b haue now that charge from me are very vnable for
it, nor is there better to be fownd vpon the Ileand, but least
(Boteler demeaning himselfe otherwise then well) and that I
should finde cause to thinck him fitter to be punished then

187
pardoned there should want meanes to giue him condigne pun
ishment for all his former offences ; I desire you would send
ouer an act the next yeare w'.h your assent thereto, to be pro
posed to an assembly in Maryland for theire assent censureing
Boteler as Smith was for Pyracie wcb he committed at the head
of the bay neer Palmers Ileand in the yeare 1635 vpon
a Pinnasse belonging to S? Maries by takeing and a great
quantitie of trucking commodities from Jhon Tomkins and
serieant Robert Vaughan who had the charge of her and
togeather w'b the s1? Pinnass and goodes carried the ad. Tom-
kins and Vaughan prisoners to Kent. Smith hath solicited
you I suppose by his letters for his pardon but I shall desire
you that you would leaue it to me to do as I shaU finde him
to deserue ; whereby (if it be possible he should be the better
for it) it will take better effect w'b him when he shall coutinue
at my mercie vnder whose eye he is : Palmers Ileand beeing
already seated and fortifyed and a good stock of cattle to the
number of thirteen head put vpon it, I thought not good to
supplant but vnderstanding there were fiue men inhabiting it
seruants to Cap? Cleyborne and formerly vnder the command
of Smith I sent serieant Robert Vaugham and two others
w'b him from S? Maries to set downe there and to the sd :
Vaugham gaue the commaund of all the rest, and by reason
Cap? Cleyborne hath been attainted of ffelony in the last
assembly at S? Maries by particular act and sentenced to for
feit all his estate in the Prouince I gaue Vaugham authoritie
to take the seruants and other goodes and chatties belonging
to Cleyborne vpon the Ileand, into his charge and to haue
them forth commeing when they shall be demaunded of him
togeather wtb what profitt shall be made by the serieants
labors. I am informed that vpon occasion of discourse giuen
before Sf Jhon Haruey Mf Kempe and Mf Hawley by

188
Mf Boteler whether Palmers He were w'bin the Prouince of
Maryland or no Mf Hawley did so weackly defend your title
to it that Boteler grew more confident of proceeding in plant
ing it for his Brother Cleyborne and I haue some reason to
thinck that Mf Hawley did willingly let your title fall for
some designe sake of his owne vpon trade w'.b the Sasquahan-
noughs wcb he might conceiue better hopes to advance by its
depenice on Virginia then on Maryland, for when I sat
in counsell at S? Maries about the expedition I made to Kent
to stop the proceedings of that designe of Boteler and Smiths
planting it, he earnestly diswaded it by suggesting all the
reasons he could to make your title doubtfull to it the Ileand
and then how vnlawfull an act it would be to hinder theire
planting it, and though it was made appeare that theire seat
ing there was most dangerous to the Colony at S? Maries by
reason that they had incouraged the Indians to set vpon vs
and might hereafter furnish them w"1 gunns to our further
harme if we should suffer them to proceed, whereas otherwise
Boteler and Smith beeing remoued we might hope to make a
peace w'b those Indians yet it seemed some designe he had,
upon theire setting downe there was so deare vnto him that he
preferred it before the safetie of all vs and his owne family
beeing included in the daunger, and would needs haue
perswaded it to be in Virginia though the express words of
your pattent limits the Prouince to the northward where New
England ends but it is apparent that the Hand is wtbin your
Prouince for the line of fortie by Smiths map by w°.b the
Lords Refferies lade out the bonds lyeth right ouer the first
falls and this Ileand is fowre miles to the sowtherd below
those falls as I can witnes for I was there the last summer and
obserued it. I beleeue the faire promises wcb he made you in
England whe you procured the preterm? he hath in Virginia

189
how vsefull he would proue to your Colony by it, will neuer
be performed by him for nothing moueth him but his owne
ends and those he intendeth wholly to remoue from Maryland
and place the in Virginia, and intendeth shortly to remoue his
wife and family thither, I am sorry it was your ill fortune to
be a meanes of so much good to him who is to ingratefull for
it, for he disclaimes that he euer sought your help or had any
from you towards his preferm? for he thincketh you did not so
much as know he pretended to the place he hath nor that you
knew he had it vntill a long tyme after it was passed vnto
him thus Cap? Cornewallis telleth me hath heard him say, and
he is of such greeuance vnto the Gouernor and Secretarie of
Virginia that they promise to themselues nothing but mine
by his draweing all the perquisites of theire two places from
them, and do therefore wonder that you would be the meanes
of procureing such a place for him, they do both intend
by theire letters to solicite your help for the remoueing him and
it were well for both Colonies that he were, for he can not
haue less power, then too much in that Colony w°h (by impou-
erishing Sf Jhon Haruey and draweing from him and the
secretarie the execution of all the cheife seruices w°.b the
Kings proffitts and the peoples estates hath dependencie on he
will bring vnto himselfe ; so that Maryland wherein it shall
haue occasion to vse Virginia is like shortly to seeck for it
onely to him where there is nothing to be hoped for but what
is vnseruiceable to his owne ends and nothing scapeth his de-
signmt though it be neuer so much beyond his reach to
compass. The body of lawes you sent ouer by Mf Lewger I endeau-
ored to haue had passed by the assembly at Maryland but
could not effect it, there was so many things vnsuteable to
the peoples good and no way condu3eing to your proffitt

190
that being they could not be exempted from others w°.b they
willingly would haue passed they were desireous to suspend
them all, the particular exceptions w°.b were made against
them Mf Lewger hath giuen you an account of in his dis
patches to you : others haue been passed in the same assembly
and now sent vnto you w°.h I am perswaded will appear vnto
you to prouide both for your honor and proffitt as much as
those you sent vs did. the trade w'.h the Indians they
wholly exempted themselves from and leaft it to you, onely
Cap' Cornewallis I haue promised should not want the most I
could say vnto you to procure leaue for him that he might
rent three twenty pownds shares in it yearely so long as
he is a member of your Colony, w6.b I did as well to de
cline his hindrance of passing the whole to you, as also to
giue him incouragement for the many seruices, he hath done
yon in the Colony, for though it hath been his fortune and
myne to haue had some differences formerly yet in many
things I haue had his faithflill assistance for your seruice and
in nothing more then in the expedicon to Kent this last winter.
I would not wish you (now it is in your hands to dispose
of) to intrest too many sharers in it for that hath been
hitherto the distruction both of the trade and the traders, for
they neuer agreeing to trade ioyntly did by theire severall
trade preuent on an others marcket and by ouer bidding the
prise for beauer dayly spoyled the trade whereas if it had
been in one hand, or in so many as would have ioyned, it
might haue made some profit to the aduenturers but in the
way it hath been hitherto they that haue vsed it hath
reaped nothing but losse, wherefore if you shall thinck good
to let me haue any share in it I desire you would not in
terest any other besides Cap? Cornewalleis, for there is none
else in Maryland that knoweth what belongeth to the trade

191
and therefore are not like to ioyne in the wayes w°.h are most
expedient for the good of it. if you would let it out to vs two
for two or three yeares, rent free, I am perswaded it would be
brought to such a state by the way we should bring it in that
it would be farre more profittable and certaine then euer it
was for hereafter or if you thinck gocd to vse it aU your-
selfe and send ouer truck for it I shalbe ready to do you
the best seruice I can but you must cause boates and hands
to be procured of your owne here and not put yourselfe to
hyer them for that will eat you out of all your profitt if
not your principall and you must designe to place ffactories
as soone as you can on shore in some conuenient places
whereto the trade may be drawne for the way of boating
it though the boates be a mans owne is very chargeable and
vncertaine. I haue deliuered some Tobaecoes to Mf Lewger
but whether it be sufficient or too much to ballance the
accounts I am to passe I can not yet tell for I haue not had
tyme since his commeing to make them vp it is not for any
profitt to myselfe that I haue purposely delayed it, (as I hope
you will do me so much right as to beleeue) but for want of
Leisure from the publike seruices of the Colony and the
necessarie loockeing after some meanes of my owne subsistance
w°.b is so difficult to compass here as it requireth much tyme
and labor. I meane this summer to pass all manner of
accounts that are between you and me vnto Mf Lewger, for I
haue disposed of all my other businesses so, as I may haue
sufficient leisure to do it in. Mf Lewger is a very seruiceable
and diligent man in his secretaries place in Maryland, and a
very faithfull and able assistant to me the cedar you writt for
by him I could not procure to send this yeare by reason there is
very few to be fownd that are Ysefull tymber trees two I heard
of farre vp in Patuxent riuer, and two others vpon popelyes

192

Hand in the bay nere to Kent, and the fraight and other
charges for the shipping them will be so deer that I made
a question whether you would thinck fitt to vndergo it, it
will stand in eight or tenne pownds a tunne fraight for
England besides other charges of transporting it to shipping
from where it is felled neither is there meanes in Maryland
to transport it vnless it might be split into clapboard, and
whether it will not be made vnseruiceable to y" by vseing
it so, I can not tell because I do not know the vse you
designe it for, by your next letters I pray informe me what
you will haue done in it. the matts w'!1 you wrot for amounts
to such a charge to be bought from the Indians that I had
not sufficient meanes to purchase it, it is not lesse then fortie
pownds worth of truck out of England will buy 350 yards of
matt besides the charge of seecking them in twentie seuerall
indian towns, for vnless they be bcspocken there is very few
to be had but such as are not worth buyeing to giue a freind,
and besides for the vse you intend them it is necessarie they
should be all of one make otherwise they cannot flower
a roome ; and before I shall procure so many yards I must
send all the Prouince ouer but if you desire to haue them and
will prouide truck to buy the1? vpon farther notice from you I
will be speack them, to haue them all in as few places as I
can to auoid charge : I am sure my Brother Porttobacco now
Emperor of Paskattaway, will assist me in it as much as he can
for he is much your freind and seruant and hath expressed
himselfe to me to be so and giueth yu many thancks after his
Indian fashion for your guift sent him by Mf Lewger he hath
wtbin this two yeares stept into the Empire of the Indians by
killing his eldest brother, the old Emperor, and enioyeth [it]
yet w'.h peace through the good correspondencie he keepeth
w'h me w°.b aweth his Indians from off'ereing any harme vnto

193
him. I had procured a red bird and kept it a good while
to haue sent it to you but I had the ill fortune to loose it by the
negligence of my seruant who carelesly let it out of the cage;
The beauer w°.b I sent to you the last yeares belongeth vnto
the account of the stock Cap? Humber brought ouer.
The Lyon I had for you is dead, if I can get an other
I will and send it you. I haue had no leisure all this last
winter to Virginia to procure an act to be made by the
generall assembly then held there for the secureing of your
right in the trade w'bin your precincts, and thought it to no
purpose to recommend it to Mf Hawleys care after I had vnder-
stood so much of him concerning Palmers Ileand against there
next assembly w6h will be at the returne of shipping next yeare
I will prouide a bill drawne as effectuall for tliat purpose as I
can and endeauor what I may to get it passed.
I haue sent you herew'.b a letter from Mf Robert Philpot of
Kent who hath at this present the commaund of the Ileand)
to his ffather the keeper of hygh parcke, I pray cause it to be
deliuered vnto him and finde some occasion to commend his
sonne vnto him for his faire carriage here, as he doth deserue
for he came in at the first claime I made of the Ileanders
submission to your Pattent, and incourage his ffather I pray
what you can to supply him this yeare, for that I vnderstand
is the intent of his letter to him ; I haue writ vnto you con-
cerneing the deer you sent for in an other letter by it selfe
sent herew'.h as you appointed me. Thus w'.b best loue and
seruice to my sister Baltimore and my other two sisters and
my Brother Peasely I rest
Your most affectionate
ffrom Virginia loueing Brother
this 25'? of Aprill Leonard Caluert
1638.
25

194
Cap? Winter remembreth his
seruice to you, I left him well
in Maryland.

[Indorsement.] Mf Lewger to me

No. 10.
SECRETARY JOHN LEWGER TO LORD BALTIMORE.
5 January 1638-9
If Lewger to m
from S? Maries.
My good Lord
I rcc. yo' LoT of the 30th July : and the 2? of August, and
another since by mf Poulton of the 30* July. To answere to
the first. I have acquainted mf Poulton w'b what yor LopI
writes touching some instruccons & directions to be sent out
of England for the future comportm? of their part to
yof Lopi8 right & the goverm? there, but he made strange at
most of them, as if he had received no instruccons touching
any of the pticulars, & desired a note of what was written
concerning them that they might con forme themselves to it in
all points so far as in conscience they might, neither would he
beleeve that mf more or any other should give that resolution,
that a Catholique magistrate may in discretion proceed here, as
well affected magistrates in the like cases doe in England. I
should have beene glad to have had resolution touching those
cases I sent over, thoughe without any ones hand to it,
because it would much have directed me in divers occurrences
& difficulties w".b we meete with here, ffbr the pnt, we have no
differences at all, & I hope we shall have no more, where either
part can avoid them ; and for the errors past (w6h yo' Lopi.8

195
speakes of) on the Governors part and mine, if we knew what
or which they were, we should be ready to amend them, &
should be glad of the proffer on their part of forgiving & for
getting of them : but we are yet confident we have committed
none that we can condemne for errors either in point of irrev
erence or disrespect to their persons, or in violation of their
liberties, as the piit condition of the state there is. And for
my owne part I professe before Almighty God, that I am not
conscious of any thing yet done out of disrespect to their per
sons, functions, or rightfull liberties ; & that hereafter they
shall find me as ready to serve and honour them as yo'
Lo? can wish. I sent inclosed in yof Lo™8 packett a Ire to
Mf Price, but I heare no answere at all of it, nor any thing
whereby to guesse that he hath received it. Let me be so
much beholding to yo' Lo™ as to lett him know how much I
desire from him an answere of my letter ; and that the onely
cause of my not writing to him this yeare is want of matter to
write of, he is one whom I shall ever acknowledge myselfe
infinitely obliged to, and I beseech God reward him for all his
charity to me & mine, ffor the wreck, the boate is laid vp at
mattapanient ; not worth the repairing ; the beaver & peake is
deliverd to the Govern' as pquisites of his office of Admirall.
I acquainted the Governf w'b what yof Lo? wrote touching the
6! 10? demanded by mf Greene ; but he saith wisemans adven
ture was never parted from the stock, but the proceeds of it
was sent vp to yo' Lo? w'.h the rest, & that he had special order
from yo' Lo? at the Cowes not to deliver to wiseman his part,
So that it seems yo' Lo?i is accountable to wisemans assignes
for it, & therefore I desire to have some order from yof Lo? in
it, because the next winter if it be not satisfied, mf Greene will
putt his complaint into the Court & without doubt will
recover it ; &T would rather have it satisfied without compul-

196

sion. ffor the acquittances, the Govern' saith he did take
acquittances from wintour and Gerard and others that had
their shares delivered them, and he sent them by the Dove,
where they miscarried.
ffor m™ Eure's stock I have received the whole accompt
from the Governf whereby there is charged vpon yof Lo?I
2360! of tobacco; and vpon himselfe 2636? wcb I have
received of him vpon accompt; woh is in the whole, 5000
weight of tobacco, within 4! the Accompt it selfe as I remem
ber I have already sent to yo' Lo? by my last dispatehe.
now for the disposall of this 5000 w? I am yet vncertaine
what to doe w'.h it. Kine is a very slow profitt & when yo'
Lop?8 stock of cattell is come vpon the place, wilbe somewhat
hazardous, in regard the place wilbe over stockt ; except they
be committed to some body in a plantation far from the
towne, who will have care of providing them wtb winter fod
der ; & I doe not yet know any couple (for the dairy will re
quire a woman) to whom to committ such a charge, ffor the
present I doe resolve the speediest way of employing it to the
greatest profitt, wilbe by a stock of swine, wob may be kept
some 6. mile hence at the head of S? Georges river where all
the cheife marshes bee in wob the swine delight ; & here I in
tend to settle a plantation of mine owne this spring, who shall
plant corne for the swine, and shall build sties and necessary
penns for them, & shall lead them out to their places of
feeding; & m'.8 Eures stock shall buy the swine, & I will
keepe them for one halfe of the increase at the vsuall rate of
these countries is, And if this proiect succeed, it will yeeld a
very considerable revenew to her after the first yeare. To this
purpose, I doe now send one of my men w'.b the Governf to
virginea to lay out for 30. or 40. breeding sowes if they may
be had ; & assoone as I hear from him againe, I will in hand

197
w'.b my plantation, & the building of sties to bring them into.
If this designe meete with any difficulties I will send up
m" Eure her tobaccos into England, to returne commodities
hether againe for them, if she please to employ it hether
againe, for except this of the swine, I doe not know of any
way to turne it to better profitt, then to drive a trade of com
modities with it, w°.b maketh yearely returne, to good profitt,
without much hazard.
The tobacco w6b is due to this stock from yo' Lo?£ I shall
now pay out of mf Hawlies debt without lessning yo' stock of
cattell w°.h I have yet beene carefull to preserve, ffor the kine
sent to the Governf by Sf John Harvy, I have not taken any
accompt of them, because no charge, ffor those sent from
Palmers Hand, they are yet whole but one steere, wcb the
Governf desired to have for his provisions to Kent; & the
accompt of that & of whatsoever els I have received of
yo' Lopl8, I intend to send by the Captaine. ffor the accompts
betweene yo1 Lo? and the Governf he will (he saith) satisfie
yof Lo? by this dispatch ; as likewise he will send an
acknowledgm? for the 100! for him last, w°.h he saith yo'
Lop never writt to him of afore now. ffor the Lawes I have
Htle yet to say to them, (more then what I have said in my
diarie) till the Assembly be over ; w°.b is appointed to begin on
12tb ffebr. next, mf Smith hath sent me over a venture
of 100! but the greatest part of it in liquors, wcb I had rather
had beene in any thing els, and if Sf John Simonds adventure
be in liquors, I desire it not, because it will vndoe the colony.
But in other commodities (such as I have sent to mf Smith
for) I wilbe willing and shalbe able (I hope) to returne to the
Adventuro' twenty vpon the hundred profitt ; but more I will
not vndertake for. The trade of beaver is wholly now in the
Govern'8 and the Captaines hands, without any rivall; and

198

they are ioined partners in the driving of it. The deere yo'
Lo? writes for, I am able to doe nothing in it as yet ; & to
promise more then I know how to pforme, wilbe litle satisfac
tion to yo' Lo? I will lay out this next spring for as many
fawnes as I can, & if I gett any, I will bestow the breeding of
them ag? shipping goes away the next yeare. The Governors
pinnace is now gone to Kent to be putt vpon the stocks, and
by that time she is trimmed the Govern' intends to be back
againe, and to bring away in her the cattell ; as fast as he can.
And when they come hether I intend to putt them on the
other side where Capt. ffleete planted for this side wilbe over-
stockt with them ; & starve them all in the winter, ffor the
Cedar desired, I know none here worth sending, as I told
yof Lop. by my last, ffor the birds, I haue no cage to putt
them in when they be taken, nor none about me dextrous in
the taking of them, nor feeding of them, & I have my selfe
so litle leisure to look after such things, that I can promise
litle concerning them, and for the arrowes the Governf will
take care, who hath all the commerce wth them, & for my part
I scarce see an Indian or an arrow in halfe a yeare neither
when I doe see them have I language cnoughe to aske
an arrow of them, ffor the clerk w6b I wrote for, I am now
provided w'b one whom I intend to bring vp vnder me, & in
struct him in the art of surveying, ffor the merchants pipe-
staves, wind-mill &c I have given yo' Lo? some accompt in
my diarie. the wind-mill & housing & garden will fall to the
Governf by a composition w* I made with him afore his
going to Kent, that he should defray all the charges of the ex
pedition, & for his hazard & charge should have all the per
quisites of the warre, except the cattell onely ; and the pipe-
staves, w6b he was to have at 40? a thousand : and I thinke what
he hath, he well deserved ; considering the great hazards and

199
vncertainties vpon wob he ventured at that time ; & the great
charge wcb he was att. The pipe-staves the Govern' intends
to deale w'b mf Stagge now at his coming to virginea, to take
them off & to Give me bills of exchange for 40? p thousand
what he getts for them above, wilbe to his owne profitt.
ffor answere to the second lfe.
Your Lop2s stock of cattell willbe so sufficient here by that
time they are all brought from Kent that I thinke it wilbe a
needlesse charge to . lay out money for more in virginea.
I think these wilbe as many as can bee well looked to and
provided for in the winter as yett, ffor swine we need not
much care thoughe virginea be shutt vp to vs hereafter, for o'
owne colony or Kent will provide yo' Lo™ of enow to begin a
stock withall at any time ; & when I have resolved whom to
employ on Captaine ffleets side for the looking to your dairy,
I shall then take some course for the stocking of that ferme
with such swine too, as shalbe fitting to begin with all. And '
for poultry I can at this present out of my owne stock furnish
yo' Lo™ w'h 50 or 60. breeding henns at any time, ffor
negros I heare of none come in this yeare. I have desired the
Govern' to be very earnest w'b mf Kempe to spare yo' Lo?p
out of his flock halfe a hundred ewes this yeare ; & if it may
be obteined from him, I will pay him out of mf Hawlies
money, and next to sheepe, I thinke mony wilbe best
bestowed on a stock of goates. I spake w'h Mf Coply about
mf dorrells goods, & he saith that mf more hath written
nothing to them concerning the allowing of mf fforsters debt.
and it is fitt if he desire to recover it that he send a lfe of
Attorney to sue it for him, or procure a lfe from mf more that
they should pay it. there is no will of mf Dorrells yet
proved, nor admraon taken out ; nor Inventary made of the
goods ; some of them are yet remaining in my hands w6b I

200

wilbe accomptable for, when any one shewes a lawfull interest
to demand them by, w°b yet I know of none, ffor the order
w6h your Lo? saith is taken that they of the hill shall have
some temporall person, &c it were indeed a very good course
for the avoiding of present difficulties ; but mf Poulton
(whom I acquainted wth it) doth not know of any such order
taken as yet. The Vngula Alcis w°.b yo' LoP writes for, can
not be had till the summer and then the Govern' saith when
he goeth to the Sesquisanongs he will endeavour to procure
some, ffor the tenths I gave yo' Lo?p of a generall Accompt
of that matter in my last; by w°.h yo' Lo? will find that
I have gathred no tenths of any of the rest, & they will
thinke themselves very hardly dealt withall to have it exacted
of them onely ; and besides I am very confident that their
gaines of the trade the last yeare will not allow any paym? out
of it ; neither vpon the whole trade w°.b they have entred in
my booke will the tenth amount to any considerable matter ;
so that w'.b your LoPE8 leave I intend to forbeare the exacting
of it, till further order from yof LoP especially so long as they
comply (as they doe begin) w'.b yof LoP" service here, ffor the
housing w°.h yof LoP directs to be sett vpp, I intend to sett it in
hand with all speed, on Captaine ffleets side ; wob yof LoP shall
doe well to deale w'.b the Captaine at his coming into England
to exchange it w'.b yof Lo? for mf Hawlies house &c if your
LoP can compound wtb mf Hawlies heire for the escheate. if
you can hinder the Captaine from obteining that house by any
other meanes then yof Lo?8 grant, he will exchange Capt:
ffleets mannor, and all the mannors in the country rather then
let S? Peters goe (so they call m' Hawlies house) to woh he is
so much affected for the Saints sake that once inhabited it. I
have remembered the Govern' to give yo' Lo? some informa
tion in his next touching the country beyond the falls of

201
Patowmeck ; and he hath promised to doe it, and hath putt it
vpon his memorandums.
ffor the bounds betweene vs & virginea the Governf hath
already laboured it in virginea, & he hath promised to give y'
Lop an accompt of it by the next likewise.
ff'or answere to the third ; the Govern' hath vndertaken to
give y' Lo? satisfaction by sending vp the whole accompt : by
wob (as I gather) nothing wilbe coming for mf medcalfe to
dispose of to mf Copley.
Litle els I can think of at this time, my humble service to
my Lady, m'.8 Eure, mf Peaselie, and mf8 Peaselie ; my prayers
to Almighty God for his blessing on our yong Prince and
m" Anne ; & he multiplie so much happines on your Lo??8
head as is wished by Yof Lo?8 most obliged servant
John Lewger
S? maries this 5th January
1638. '

No. 11.
FATHER ANDREW WHITE TO LORD BALTIMORE.
[Superscription.] 20. February 1638.
Mf Andrew alias Tho : White to the
Lo : Baltemore from Maryland.
R. Hon"!6 Sir
Hauing ended in a former my tedious apologie for my rep
utation, I reflected th' I had troubled y' L? and my selfe to
much and yett had filled the measure of yf LP8 expectation nor
of my liege duety in signifieng such occurrences and mysteries
26

202

of the reale publique woh some solitarie howers in studie of y'
LP8 happines haue recounted vnto mee. As concerning our
present estate euery day bettering itt selfe by encrease of
Planters and plantations and large cropps this yeare of Corne
and Tobacco the seruants time now expiring : I am well as
sured th' is the subiects of many better pens : therefore I will
spare supfluous repetition. This yeare indeed hath prooued
sick and epidemicall and hath taken away 16 of our Colony
rather by disorder of eating flesh and drinking hott waters
and wine by aduice of our Chirurgian rather by any great
malice of their feuers for they who kept our diett and
absteinence generally recouercd. Really my Lord I take the
cause of the sickness to bee the ouergoodnesse of land w°h
maketh the viands to substantiall that if duely regulation be
not vsed the tyme of summer when the heate of stomakes is
oomonly weakest eyther they lye vndisgested and to breed
agues or are thoroughly disgested and so breed great quantities
of blood and vitall spiritts wcb taking fyer eyther from the
heat of the season our buildings beeing farre unfitt for such a
climate or from some violent exercise begett feuers trouble
some enough where wee want physick, yet not dangerous at
all if people wilbee ruled in their diett, woh is hard for the
uulgar vnles wee had an hospitall heere to care them and
keepe them to rule perforce wob some worthy persons of this
place doe think upon. I had my share thereof beeing twice
giuen ouer ; but yett left heere for a while to amend and to
serue y' L? and this Colony better then before. The reliques
thereof I carry still about mee not in weakeness of body wob I
neuer had less ; butt in a decay of my hearing when people
speake low and I feare in tyme I may loose alltogether : yett
as itt is now itt is a hindrance as well in an office I haue as
y' LP knowcs as allso in lerning the Indian language wob hath
many darke gutturalls, and drowneth often the last syllable or

203
letteth it so softely fall as itt is euen by a good eare harde to
bee vnderstood. I am tould of one in London who is excel
lent for such cures : and therefore I write to our Great man
there for leaue to returne for one yeare for helpe : who knowes
whether itt may prooue to wayte upon y' L? hither the yeare
following, ffor wcb cause I shall humbly entreat y' L? to ob-
teyne of the said party one couple more to come wtb the next
Shipps to Mf Englebey who liueth in Suffolk and Mf Bcnett
in Dorcettshyer who both doe infinitely desyre to serue God
and y' Lp uppon this place and haue signified their desyres to
mee by letter. Their coming will relieue mee from the duety
I stand heere ; for one yeare : and att my returne I trust to
bring more with mee, who will not come alone. This wilbee
to uery good purpose, as well humbly to represent sundry
things vnto y' L? w°b I dare not committ to letters wcb are no
better then blabs : as allso to assist a solitude w6b since my
Cosen Coplays departure thence I conceaue the affaires of our
Colonye are in ; and haue not many who take them actingly
to harte and euen freynds heare our successes as men doe
musick for their owne curiosity : not for our good. And in-
deede my Lord neyther could my Cosen or any body else tyed
to other employments and fixed in the firmament of one place
sufficiently doe the busines wee desyre for itt requires a whole
man and more ; who will take itt to harte making iourney to
and fro throughout Engl* to bring in aduenturers and putt a
new heate and Spiritt of action therein : for I haue marked
that halfe endeauours and want of energye begett delay and
delay workes often dishonour and dispayer. I wish I might
haue M' Altam with mee thither for one who is a true zelante
of the good of this place, uery actiue, and stirring and hath
many noble freyndes and allies who haue sent him since our
coming large signes of their Loue : who wilbee able to giue

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his disculpa to y' L? and cleere his innocency, I hope and re-^
turne to helpe the Colonye againe.
Now my Lord in the interim heere is Captayne George
Euelin who wisheth much happines to yf L? and the place.
Hee sheweth us a draught of our Prouince deuided into
Countres, Baronies, Lordships, etts. Hee speaketh of Citties
and townes ; of iudicatures, iudges, armes, Captaynies, etts.
woh hee tells us yf L? much approoued, and thereon certayne
Gentlemen ioyned to come to us w'b 500 men : butt entring
treaty about the trade of beuer they broake of againe. I see
this frame doth not much displease butt itt is thought rather
too timely then vnfitt for neyther haue the Indians deserted
the land and left itt to our diuision nor our paucity of men as
yett for itt. The greatness of the lordshippes not vnder 5000
akers and reaching to 9000 is thought by eury body too much.
and would bee better from 2000 to 4000 for so, as wee stand
att the present wee shall sett closer and make more roome for
new aduenturers ; and haue more markett townes and some
uery soone. There was allso proposed a consideration of
yf LP" infinite charge about this prouince both abroad and att
hoame and meanes treated how some profitts might bee raysed
for the mayntenance of yf LP8 person after that decent manner
as princes are by right of nations mainteyned in splendor ac
cording to their place. Truely my Lord the proposition was
well liked and I heard no body so forward in itt as Captayne
Cornewallyes. Only hee desyred th' for satisfaction of all and
for the legality of the way th' itt might bee treated in parla-
ment and the pouerty and paucity of the Planters for the
present bee duely allso considered, and yet some what pre-
sentely acted therein : and many wayes wilbee found out. I
doubt not, where loyall loue seeketh the way, yf L? is much
beloued, and honoured of all. And so to remaine I humbly

205
yf LP- not easily to lend both eares to any information for
emulation wilbee, and this will ouersay. I could wish yf L? a
graue vnptiall freynd to write you the truth. Vis scire cuius
rei inopia laborant magna fastigia : qued omnia possidentibus
desit. Qui verum dicat. So seneca and an other found none
to tell Alexander truth, but his horse ; who once casting him
made him know hee was not Juppiters sonne when his flatterers
chaunted itt to him. Why I say thus : yf LP shall vnderstand
if wee euer meete. In the interim bee itt a riddle : and I re
turne to the poynt againe. Concerning therefore yf L?8 pro-
fitts I beleeue ueryly one in twenty of all menage and trade,
for 7 yeares will easily bee graunted by our present pouerty
and paucity : and when our number groweth greater and
richer ; then I thinke th* wob Capt. Euelin proposeth to witt.
1. in 100 for euer little enough and too little too. If all
weare of my mind I should say to yf L? as yf L?s father of
glorious memorie said to mee in a lr' from newfound Land
th' I would deuide euen euery and the uery last bitt w'b yf L?
Therefore my Lord to act in the discipline of aflayer. the
mayster-poynt is to know where to begin. Aud truely w'h
dew reuerence to y' better and grauer iudg? wee must vse all
meanes to full people the country for so small matters from
many will grow paramount in the whole. Men must bee
brought by the acting diligence of such persons in England
who as eyewittnesses can ; and, as faythfull seruants to yf L?
and this Colony for Gods glory, will, employ themselues wholy
about itt visiting all the shyres of the Land and worke solli-
citously by themselues, their freynds, and their allies : w'h such
a spirit of feruour and paynes : as if God required no other
thing in this world att their hands but this. To wch if itt bee
added : th? euery planter for euery 2000 lb. of Tob. they
gather and cure shall putt one man upon the place to serue

206

them and for euery 5000 shall putt two men : wee shall soone
grow uppe. I suppose all would bee glad to bee so bound for
certayne yeares. To this I shall humbly represent this calcu
lation to yf LP for certayne and indubitable out of our common
experience : th? if yf LP laying out 300? for transporting of 45
men att 6* the man, will adde butt one hundred more for the
first yeares prouision and putt them vnder a carefull ouerseer
you may binde him to giue you lOOO1? of Tob. viritim, and
7 barrells of Corne entersett w'b pease beanes and mazump
w'b obligation allso to breed you 200 head of poultry and tur
keys wch (excepting this last) was my aggreement w'h my ouer
seer this last yeare and God bee thanked hee pformed itt well
and wtb ease. I gaue him for his paynes one mans worke of
the gang and his owne and all surplusage aboue 1000 a head
and about 7 bfl! item a head : and I thinke hee gained nigh
100 Bb sterl. by the bargaine and itt so pleased my Cosen
Copley, as hee contineweth the same one yeare more. Now
my L? by this meanes you will receaue the first yeare 45000 ft)
besides Corne, to vittuall y' men for the yeare following att
3 brls the head, and to buy cloathes for them w'1' the other
4 brls. woh 45000 lb. in Tob, is more then a thousand ft) storl.
wob beeing turned to buy more men for the 21! yeare will putt
you att 6! transptation 177 men w6b ioyned w'b the former
make 222 men whose worke the 2* yeare pduceth you
222000 ft) Tob. id est, 5550 ft) sterl. wob some employed for
men att the end of the 2? yeare for the third yeares planting
makes together wtb the former 1143 men w6b yeld you the same
third yeares end 1143000 ft) of Tob. w6b will bee able to buy
and freight many a shippe. To make this solid itt wilbee
necessary to haue each head the 2 and 3 yeare to plante 10
barrells of wheate, th' is, three akers a man as some vse heere :
th' yf LP may bee att no charge for diett or apparell and after

207
they haue ended their these men beeing sett on Copies may for
euer by their chieferent maynteyne y' L?8 house and vses with
corne etts. Secondly as in ffrance Spaine and Italie, the
Soueraignes doe appropriate the sayle of certayne things for
themselues : So I conceaue yf L? may for a tyme monopolize
certayne trades as bringing in a brikeman to seme you for
yeares and oblieging all to take so many bricks of him as will
sett upp so many foote of building more or less according to
the degree of person : in contemplation that such houses are
cheaper upon the reckoning : necessary for health against heate
and coald in this country : and fitter for defense of mens Hues
against the infidels. And for this a conuenient price may be
sett on the thousand ; no man pmitted to make bricks but
one ; vnless hee bee a seruant and makes for his maysters vse
alone. The like I say off Carpenters Hatters, Sawcrs, Coopers,
Smiths, etc. Thirdly, though for the present I should not
aduise to deale any more w'b hiring of Shipps w°b is a busines
of great entangle till three yeares of yf forsaid plantation bee
ended th' you may bee able to haue two or three fayer shipps
of y' owne bought by y' mens labours and seamen in them
hyred for yeares w'h boyes growing upp for the sea vnder them
wtb one Pilot and his mate w'b any Mayster or Captayne but
yf substitute w'h a steward of yf w'h out any purser : Then my
Lord the sea will bring in pfitt butt otherwise I neuer heard
any way sufficiently warrented to gett by shipp hyre no not
though a hyring a shippe I should lett itt to a mayster reser-
uing transportation of some men and goods gratis wth out any
charge of vittualing hir for if shee should eyther miscarry by
the maysters faulte wob I putt in hir : or the mayster not able
to pay or the like ; all would recambye upon mee. Only Sea
men themselves are to deale in shipp hyer ; as I think Saluo
meliori iudicio. But when yf L? hath ships of y' owne then

208

may yf Lordsh? send Tobacchoes to such places where they
uent best and bring in all manner of comodityes sett uppe
magazines in this Colony att reasonable prices and yett make
thereby a uery great gayne : as the Duke of florence doth out of
his Innes. ffourthly itt would be uery expedient to trie what
wine this land will yeld : I haue a strong p'sumption that itt
will proue well for this autumne I have drank wine made of
the wilde grapes not inferiour in its age to any wine of Spaigne.
Itt had much of muscadine grape but was a dark redd inclining
to browne. I haue not seene as yett any white grape excepting
the foxgrape w6b hath some stayne of white but of the red
grape I haue seene much diuersity : some less some greater,
some stayne, some doe not, some are aromaticall ; some not.
Now if yf L? would cause some to plante vineyards why may
not yr L? monopolize the wine for some yeares : to yf I/.8 great
pfitt especially if all sortcs of vines be gotten out of Spaine
and ffrance. True itt is you must haue patience for two or
three yeares before the yeld wine but afterward itt is a Con
stant comoditye and th' a uery great one too. ffifthly y' LP
may please to choose some large Hand for a breede of Swine
vnder a carefull swineyard who may allso looke to a heard of
goates and yong calfes from milke all w6h bought when they
bee uery little for no great matter will in few yeares grow upp
into great flocks w^out any farther cost att all : whence you
may draw for your Darys and y' table abundantly. A sixth
thing offred ittselfe vnto mee much more beneficiall then all
this aforesayd : wob I will not committe to writing : but will
reserue itt to a meeting.
Now my noble L? as concerning the trade of beauer ; what-
soeuer I can say, after so wise and graue personages who haue
fully considerd itt, will bee of little importance, yett if your
L? pleaseth that I lay my opinion together with myselfe att

209
yf LP8 feete : and humbly vnder correction rep'sent in secrett
to y' selfe alone what I thinke concerning the last concordate
of fiue years. If I vnderstand not amisse the sharers are to
pay the tenth of their cloath and the tenth of theyre beauer
for fiue yeares and then to haue no more right in trade. As
concerning the former I feare itt will haue no other effect then
to hinder both y' L? and all the first aduenturers from trading
att all yf L? by couenant ; the aduenturers, by impossibility of
sauing there owne, wob y L? will euidently see by this paper
of calculation in wob euery parte is our comon experience. As
concerning the 2d. I heare men say : that if the right of truck
bee taken from them first by this couert and after ward
by open meanes, they can haue no assurance for the lands you
giue them : seeing in the declaration and conditions of planta
tion both share in trade and the land runnes in one and the
selfe same tenor and would bee esteemed so if Hi weare brought
to any hearing. I remember wlien yr. Lp. corrected tlie written
Copiewch I made, I gaue yT. Lp an occasion vppon the graunt
of trade to reflecte whetlier itt weare not fitt to limitt tlie graunt
for tearme of life and notwthstanding this suggestion yr. Lp would
haue itt goe absolute as the graunt of land : and now my Lord
this beeing only the specially reward of the first Aduenturers,
who exposed their Hues and fortunes and banished themselues
from their freynds, allies, and Country to serue yf L? in this
plantation : doe not blame them my L* if they feele itt and
stand for their supposed right on wch their maintenance doth
much depend, vntill they shall vnderstand how they can loose
that ; and may not heereafter haue their land taken from them
too. the forme of graunt for each beeing all one. And as
for the concordate signed by so many who vnderstand little of
truck and trade, excepting relinquishers ; who care little how
itt wayeth : that seemeth to suppose a common stock w°b hath
27

210
ben none since the bad successe of the two former in w°b euery
body was losers woh makes euery body protest against itt as an
engine and mystery to vndoe y' L? and them from whence itt
followeth th* howbeitt all Aduenturers in Engl* subscribe yett
heere beeing no guilde nor body of traders, as they say,
to carry their right by most uoices : though all butt one
should forgoe theeir right; yett may that one retayne his.
Truely my Ld this doth much trouble the thoughts of our
Colony who takes this to bee a stepp to take also their land
from them, in tyme vnles they defend this. Good my Ld I
humbly beseech you for reuerence to God and y' loue to this
xpian Colony of his and yf8 rather ask this right by way of
honour of them for some yeares then presse itt from against
their will, woh can not bee w"' out losse of their loue at least
though no farther inconuenience should follow. Itt is here
rather not vnderstood then doubted how such a right bought
by a deere aduenture of life and fortunes and giuen as the
honorary and distinctiue signe of the first noble vndertakers
for y' LP8 Prouince can by any man bee taken from them. Bee
the right as itt will : whereof I am no iudge, and may not
speake till yf L? giues mee leaue and I am asked : I beleeue
the former way as itt was att first woh begett more profitt for
yf L? for the trade lyeth farre and wide out of our Colony
and much in new Albion then heere : and easie itt will be for
yf LP8 subiects to absent themselues from hoame to trade there
or att many places besides : from whence will follow that the
trade wilbee diuerted from us and a markett sett upp in some
neighbouring land : as Capt. ffleetes and Roberts proiect was :
and still is as I feare to a uery bad example and diminution
of ours. Much better (with humble awe and reuerence bee itt
spoken) would itt prooue for yf L? to haue 3 factoridges in the
best places, th' is one man in each wtb sufficient truck : the one

211

at Palmers He for the trade of the Sasquesahanoes the other
att Nantakoke for all the Easterne foreland and the third at
Anacostans for the Mattomecks : and att the end of May our
boate may goe and fetch the beuer w'.b uery small charge, and
thus much I signified to yf L? by the doue and to leaue itt to
yf LP' greater wisdome & consideration. And by this tyme I
haue wearied y' LP I am sure : and am much ashamed at my
tedious manner of expression. A pardon therefore is to bee
asked : woh in honour I hope you wiU giue to this great Par-
tiall and humble seruant of yf LP8 who dayly prayeth for
yf LP8 happines and the good of yf Prouince
Yf LP8 euer all all
Tho. White 20. feb.

No. 12.
CECILIUS, LORD BALTIMORE, TO GOVERNOR
LEONARD CALVERT.
[Indorsement.] 21th & 23th of Nouemb :
1642
Copie of the Lord Baltemore
Lfe to Mf Leonard Caluert.
Good Brother
By Mf Ingles Shipp wob is now in the Downes I sent
a large dispatch to you as you will find by a note inclosed. I
forgott in my former letters to giue you thankes wob I now
doe, for yo' kindness shewen to Jo : Langford, woh, by his let
ters to me, he sayes hath been very much : I take it very
kindly from you, and I pray continue it ; for he will deserue
it I make no doubt from you, and I shall requite it in due

212

time to you : the like I must and do say concerning Mf Rob
ert Euelin, who deserues to be well esteemed by me; and I
find by his letters, that you receiue contentment in one
another, of wob I am very gladd. In my dispatch by
Mr Ingles Shipp wherein one Mf Gilmett comes recomended
from me to you : I desired you to take care for his soiourning
some where there to his contentment, wcb I desire may be w'b
yo' selfe for many reasons, but I forgott to mention his Boy
that wayted vpon him w°b must also soiourne w'.h him for he
cannot be decently w'b out such an attendance ; wherefore
I pray take order for him they haue all necessaries of Bedding
&c : prouided and sent w'b them, and I writt then to you to
take care also for the sojourning of Mf Will Territt who
comes herew'b to you being a Companion of Mf Gilmetts both
whom I recomend in those Ires and do now againe very hart-
ily recomend them to yof care : for they are both He assure
yo" men of high esteeme heere ; and worthy to be cherished
and valued by you, in wob you shall extreamely much oblige
me. Take care therefore also I pray to accomodate the said
Mf Territt w'b a convenient place to sojourne in there : and I
shall, as I formerly wrote, pay the charge of it, when I know
what it is if it can not be done otherwise ; w°" I hope by your
endeavours it may, and I shall take it very kindly from you :
howsoeuer you will I hope husband my expence herein the
best you can, and I shall pay what is necessary for the
sojourning of the aforesaid persons by Bill of exchange
hither. The Shipp wherein this letter comes, is sett out by
one Mf Douty a very honest and free-hearted Gentleman, the
Master is called Edward More and one of his Mates Tho :
Tilson whom you know, as I wrote in some of my other lfes.
but I am desired by this againe to recomend this Shipp to yo'
care for the getting all the freight you can for her there,

213
whereby Mf Douty may be encouraged to adventure thither
againe in that way : for he is like to be much a looser Out
ward bound : and for to gaine yo' good will and furtherance,
M' Douty tells me that he meanes by this Shipp to send you
a Teirce of good sack. I pray hasten the designe you wrote
vnto me of this yeare, of bringing all the Indians of that
province to surrender their interest and right to me, for
I vnderstood lately from a member of that Body politique,
whom you call those of the Hill there that Mf White had a
great deale of Land giuen him at Pascattoway not long since
by Kittamaquund, before his death woh he told me by acci
dent, not concerning that that place was wtbin my Province, or
that I had any thing to doe w'h it, for so he sayd that he had
been informed and I had some difficulty to satisfy him that it
was w'bin my Province, By this you may daily perceiue
what wayes these men goe, and of what dangerous consequence
their proceedings are to me. I pray do not forgett also
to prosecute effectually the busines of the tribute from the
Indians and the discouery of the redd earth, and to send me
the quantity I desired of it wtb speed. Me thinkes the
Indians who are christened, if their conversion be reall, might
be brought to assist in their labours, and contributions of
Beauer, peake &c. for the building of the New Chappell :
endeavour I pray what you can to effect this.
The Colony of Virginea hath this yeare by their petitions
hither, desired seuerall things of the King, wob moue but
slowly heere for their new Agent Sf John Berkeley, is no very
good Soliciter, and regards litle but his owne subsistence, in
wch he finds imployment enough for his thoughts ; his fortune
being very necessitous. I beleeue that I could stand them in
some steed heere in their busines, if they would deserue it of
me : but it seemes I haue been soe disobliged this yeare by

214

them ; that I haue little reason to trouble myselfe in their
behalf. I haue deserued better of them, for they had long
since I dare say been reduced vnder that Company (wob it
seemes by their late protestation they so much abhor to come
vnder, had it not been for me. You may tell Mf Kemp by
letter from you, or otherwise, that if a Declaration may be ob
tained from the generall Assembly in Virginea this next yeare,
wob may import a settlement of friendship between me & that
Colony and an allowance & approbation of my Pattent, and a
Disclaime from all petitions deliuered here ag' me and my
Colony, in their names : and a condemnation of Cleybornes
proceedings in the He of Kent and elsewhere towards me, and
that I and my Colony may haue free trade for, and leaue to
transport anything we buy in Virginea, without exception;
and that they will make a league offensiue & defensiue wth me
in such a way as you shall see cause : then I shall be willing
to imploy my best endeauours in their affaires here, and I am
confident I could find a way to effect those things they desire
abone mentioned to their contentment : but vnless all those
things aforesaid concerning me be first done by them : I will
not trouble myself w'h them. Soe expecting to heare from you
concerning this business wherein I would not haue you negli
gent, I rest, Yof most affectionate loving
London Brother
21 Nou. 1642.
My wife sent an Adventure by Mf Robert Euelin the last
yeare, to be putt off in Virginea for her, at the best aduantage
he could, of which he hath by his letters this yeare faithfully
promised to send the next yeare to her, a good returne, and a
iust account thereof. I haue giuen my Wife satisfaction for

215
the said aduenture ; and I do bestow the one halfe of it vpon
you, and the other half vpon the said Mf Euelin to make yo'
best benefits of it, without any farther account to me or my
wife for it ; and I haue herein enclosed sent you a Note of the
pticulars of that aduenture vnder Mf Ro. Euelins hand w"1 the
prices wob they cost in England ; w6!1 1 suppose wilbe doubled
there, to the end you may know how to demand yo' halfe from
Mf Euelin, and being satisfied therein, to deliuer him the said
Note againe.
I pray take order that in the next yeares account of my
neate cattle there, those wob yo" haue of mine and also those
w6h are in Kent, together wth the increase of both those parts
of my stocke ; be truly inserted in the said account, for in
Mf Lewgers last yeares account, they were both omitted, and I
pray send Mf Kemp word that I do not like his way of
paym? of the 100Ib wcb by his own agreem? he acknowledgeth
receiued from me, and for w6b he was to deliuer me Sheep &c.
whither I could haue liberty to transport them or no into
Maryland of wob there was no mention in the said agreem? as
may appeare by the copy thereof w6b Mf Lewger hath, there
fore vrge him to deale fairer w'b me then so, by letting me
haue so many sheep as that money comes vnto, to be sold by
yof direction for me in Virginea, and turned into Neat-cattle
or els that Mf Kemp will pay me in Neat-cattle to be trans
ported into Maryland, for I will not accept of the other
paym? and I pray do you endeauour my satisfaction herein
w'.b expedition, and giue me an account thereof.
I wonder why you gaue such kind entertainment as I un
derstand you did to certaine Dutch, who came it seemes to
S? Maries the last yeare being some of those who are planted
in Delaware bay w'h in my prouince. I understand that diucrs

216

poore Planters are much preiudic'd by the Indians killing
their hogges, and that the Indians vpon pretence of their being
made Christians are conniued at, by the gouernm? there, in
this iniury done by them to the planters, to the vndoing of
diuers of them, who vpon complaint made, can haue no remedy
against the said Indians nor are pmitted to right themselues.
I pray if this be true, do not faile to see it timely redressed.
I pray haue a speciali care of my ordnance there & send me
a pticulf note of them the next yeare & an information in
what condition they are. I did expect by yof lfes this yeare
to haue had yo' opinion eonc'ning a pposition of setting vj> an
Iron Work in those pts according to my desire to yo" last
yeare, a copy of w6b pposition I then sent yo? but you do
vsually omitt to giue me satisfaction in diu's things, w°.b I
write vnto you about, wherein yon do not well : and T banc
told you often of.
Good Brother
lust now I vnderstand that notw'!'standing my prohibition
to the contrarie another member of those of the Hill there;
hath by a slight gott aboard Mf Ingle's shipp in the Downes
to take his passage for Maryland w°h for diuers respects I haue
reason to ressent as a high affront vnto mee wherein if you doe
not that right vnto mee as I require from you in my Instruc
tions dat 20 Octobr last : I shall haue iust cause to thinke,
that I haue putt my honor there in trust to ill hands who be
tray mee to all the infamous contempts that may bee Laid
vpon mee. This Gentleman the bearer hereof Mf Territt
will acquaint you more pticulerly wtb my mind herein and w'b
the opinion and sence w6b diuers pious and Learned men here
haue to this odious and impudent iniurie offred vnto mee, and
w'b what is Lawfull and most necessarie to bee done in it as

217
well for the vindication of my honor as in time to p'uent a
growing mischeife vpon mee, vnto whome wherefore I pray
giue creditt. Mf Gilmett will I know concurr in opinion wth
him, for vpon diuers consults had here (before hee went) hee
was well satisfied what might and ought to bee done vpon
such an occasion. In case the man aboue menconed who goes
thither in contempt of my prohibition : should bee disposed off
in some place out of my province before you can lay hold of
him for they are so full of shiftes and deuises as I beleeue
they may perhapps send him to Pattomack towne thinking by
that meanes to auoid yo' power of sending him back into
those parts, and yett the affront to mee remaine and the dan
ger of p'iudice also bee the same, for (whatsocu' you may con-
ceiue of them who haue no reason vpon my knowledge to
loue them veric much if you knew as much as I doe concern
ing their speeches and actions here towards you) I am (vpon
very good reason) Satisfied in my iudgm' that they doe de
signe my destruction and I haue too good cause to suspect,
that if they cannot make or mainteine a partie by degrees
among the English, to bring their ends about they will
endeauour to doe it by the Indians w'bin a verie short time by
arming them &c. against all those that shall oppose them and
all vnder pretence of God's hono' and the propagacon of the
Christian faith, w6b shalbee the maske and vizard to hide their
other designes w*ball. If all things that Clergie men should
doe vpon these p'tences should bee accounted iust and to
proceed from God, Laymen were the basest slaues and most
wretched creatures vpon the earth. And if the greatest saint
vpon earth should intrude himselfe into my howse against my
will and in despite of mee w'h intention to saue the soules of
all my family, but w"1 all giue mee iust cause to suspect that
hee likewise designes my temporall destruction, or that being
•'28

218 i
already in my howse doth actuallie practise it, although wtb all
hee doe perhaps manie spirituall goods, yet certeinlie I may
and ought to p'serue myselfe by the expulsion of such an
enemy and by prouideing others to performe the spirituall
good hee did, who shall not haue anie intention of miseheife
towards mee, for the Law of nature teacheth this, that it is
lawfull for eurie man in his owne iust defence, vim vi repellere
those that wilbee impudent must bee as impudently dealt
w,ball. In case I say that the parte aboue menconed should
escape yo' hands by the meanes afore said (woh by all meanes
p'uent if possibly you can) then I praie doe not faile to send
Mf Copley away from thence by the next shipping to those
parts ; vnless hee will bring the other new comes into yo'
power to send back againe, and this I am satisfied here that I
may for diuers reasons cause to bee done, as the said Mr. Ter
ritt and M' Gilmett will more fullie satisfie you and I am
resolued to haue it done accordinglie. The princes of Italie
who are now vpp in Armes against the Pope (although they
bee Romane Catholiques) doe not make anie scruple of Con
science by force of Armes to vindicate the Iniurie wob they
conceiue hee would haue done vnto the Duke of Parma ; bye
wresting a braue Pallace, not farr from Rome called Capreroly
w'h a little Territory about it, from the said Duke for one of
the Popes Nephewes : nor doe they much esteeme his excom
munications or Bulls (both the pope hath made vse off) in that
busines for they beleeue them to bee vniustly grounded, and
therefore of no validity : although they continue notw'bstand-
ing Romane Catholiques, and these are : the Duke of fflorence
the state of Venice, the Duke of Parma and the duke of
Modena Reggio : who are ioined in league and haue now an
Armie of aboue 40000 men raised against the pope, and hee
neer as many against them vpon the quarrell aboue menconed,

219
insomuch as it is generallie concerned here that Rome is
sacked by this time, or els that the pope hath giuen full satis
faction to the aforesaid princes, for hee is thought too weake
for them. In fine if you doe not w*b a constant resolution
and faithfull affection to mee, executed what I haue here di
rected (whatsoeu' inconvenience come off it) and according to
what you shall vnderstand to bee my mind herein more per-
ticulerlie by word of mouth from the said M' Territt you will
as I said betray mee to the greatest dishono' and p'iudice that
euer one Brother did another : But you must bee verie carefull
that Mf Territt receiue no p'iudice by his communicating my
mind to you, or by his zealous affection and fidelity to mee in
doeing his best endeauours w'b you to see my desire herein
accomplished. Nor Likewise Mf Gilmett w6b I am confident
yo' owne iudgm' and discretion will incline you to preuent
although I had not menconed it. I vnderstand that
notw'bstanding my prohibition the Last yeare you did
passe Grants vnder my seale here to those of the Hill
of S? Inegoes and other Lands at S' Maryes and also of
100 Acres of land at Pascattoway some of w6b as I am in
formed you concerned in iustice due vnto them and therefore
thought yo' selfe obliged to grant them although it were con-
trarie to my directions w6b to mee seemes verie strange, for
certeinly I haue power to reuoke anie authoritie I haue giuen
you here either in whole or in part, and if I had thought fitt
to haue totally reuoked yo' power of granting anie Lands there
at all in my name certeinly no man that is disinterested could
thinke that you were bound neuertheless in conscience to
vsurpe such an authoritie against my will, because in Justice
diuers planters ought to haue grants from mee : for when I
haue reuoked the power I gaue you for that purpose anie man
els may as well as you vndertake to passe grants in my name,

220
and haue as much obligation also in Conscience to doe it, and
how ridiculous that were for anie man to doe I leaue it to you
to iudge when I did giue directions to you not to grant anie
more Lands to those of the hill there, vpon anie p'tence what-
soeuer I did so farr as concern'd them reuoke that power I
formerlie gaue you of granting of lands there, and it was a
great breach of trust in you to doe the contrarie for I beleeue
you would take it verie ill, and wtb good reason you might, if
anie man whome you should trust w'!1 the keeping of yo'
sealc, should affix it to anie thing contrary to yo' direction
although you were bound perhapps in future to cause it to
bee done yo' selfe ; if those psons had had anie iust cause of
complaint by haueing grants refused them, it had been
yo' part onlie to haue referred them vnto me, who knew best
my owne reasons why I gaue the aforesaid Directions, for you
are but meerly instrumentall in those things to doe what
I direct, and not to compel mee to doe what you thinke
fitting : And for ought you know some accident might
haue hapned here that it was no iniustice in mee to re
fuse them grants of anie Land at all, and that by reason
of some Act of this state it might haue endangered my life
and fortune to haue permitted them to haue had anie grants
at all, woh I doe not He assure you mention w'bout good
ground. I shall earnestlie therefore desire you to bee more
obseruant hereafter of my directions, and not expect that
I should satisfie yof iudgm' by acquainting you still w'b my
reasons why I direct anie thing : for then my power there
were no more then anie mans else, who may w'b reasons
perswade you to doe or fbrbeare any thing as well as I. And
I doe once more strictly require you not to suffer anie grants
of anie Lands for the future to pass my Seale here to anie
Member of the Hill there nor to anie other person in trust
for them vpon anie p'tence or claime whatsoeuf w'bout

221

especiall Warrant vnder my hand and Seale to bee hereafter
obteyned from mee for that purpose. So I rest
Yof most affectionate loueing Brother,
London 23'.b Nouemb : 1642.
I pray commend my kind respects to M'.8 Traughton and
thanke her from mee for the letter shee sent mee this yeare in
answeare of another w°h I had sent vnto her the yeare before.
The Maisters here of those of the Hill there did diuers
waies importune mee to pmitt some of theirs to goe this
yeare thither, insomuch as they haue God forgiue them for it
caused a bitter falling out between my sister Peasely and mee,
and some discontentm' also betweene mee and her husband
about it, because I would not by anie meanes giue way to the
goeing of anie of the aforesaid psons.

No. 13.
CECILIUS, LORD BALTIMORE, DECLARATION TO
THE LORDS.
[Superscription.] Cecil
The Lo : Baltemores
Declaration to the
Lords.
To the Right Hono"?6 the Lords Comissioners for forreigne
Plantations. The humble Declaration ofthe Lord Baltemores proceedings
in the procuring & passing of his Pattent of the Province of
Maryland adioyning to Virginea, and of seuerall vniust

222

molestations which some of the old dissolued Company of Vir
ginea haue giuen him both before & since, to his great
preiudice. The Lor Baltemores ffather having disbursed neare 20000
lbs. besides the hazard of his own person in a Plantation in
Newfoundland, a countrey proving not habitable for the
great colds in winter. And having therevpon transported
himself his wife, goods and family to Virginea w'b intent
to plant and reside there, where he had been an Adventurer ;
did for that purpose leaue his family there; and vpon his
arriuall in England became an humble Sutor to his Ma'!6 for
that part of Virginea wcb lyeth between the River of Passa-
magnus and the p'sent Plantacon of Virginea on James
Riuer towards the South.
The 20'.h of Feb. 1631. His Ma* referred the consideracon
thereof to the right honob!6 the Earlcs of Dorsett & Carlile,
the Lo : Viscount Wentworth and the Lo : Cottington, or
any three of them : and their said L™8 having well weighed
the said request did 23 of Feb. 1631 signifie his Ma'lf8 pleas
ure to Mf Attorney Generall that then was, for drawing
a Bill conteyning such a Grant to him and his heires, W"h was
so done by M' Attorney and his Ma'.y Signed the same.
The matter being thus farr proceeded, some of the old dis
solued Company of Adventurers to Virginea, seeming discon
tented therewith pretending that some of them the next yeare
after determined to settle people on the South Side of James
Riuer, for the planting of Sugars, it being the most Southerly
and best part of all Virginea and no other but that fitt for
that purpose, and that this Grant would much p'iudice them
in this their designe wob the late Lo : Baltemore conceauing
they did really intend, was unwilling to hinder so good a
worke or to disgust them or any other as farr as in reason was

223
fitt, though it were to his owne p'iudice, and therefore vpon
his humble sute his Ma* tooke the matter againe into consid
eracon and made a new reference to the Earles of Arundell &
Carlile, the Lo : Viscount Wentworth and Lo : Cottington,
who considered not only of the said pretences, but also of the
late incroachment of the dutch nation in those parts, who
haue planted and fortifyed themselues northward between the
old Colony of Virginea, and the English Colonies planted in
New England. All w6b being by their said Lo?8 represented
to his Ma'? they did (according to his Ma*8 direccons) by
a Warrant vnder their hands dated in March following to
Mf Attorney Sewall that then was declare his Royall pleasure
to be that the said Lo : Baltemore should resigne his former
Grant wob was only passed his signature, and haue an other
Grant of a tract of Land lying a great way distant northward
from the old Colony of Virginea. And accordingly a Bill
was prepared, which passed the Priuy Seale, and then before
it could passe the great Scale of England, the said Lo : Balte
more dyed.
After whose death, the now Lo : Baltemore became an hum
ble Suto' to his Ma* for the continuance of his said royall
favof and his Ma* gaue warrant dated 21. of Aprill next fol
lowing to M' Attorney Generall that then was to draw a new
Bill for the granting the said Lands to him & his heires,
wob passed likewise the Priuy Seale.
Then some of the said old dissolucd Company moucd his
Ma* for the stay of that Grant also, vpon pretence of prom
ises by proclamacon and otherwise from his Ma* (since the
dissolucon of the old Pattent of Virginea) for the referring
the old Companyes right to all things formerly granted them
in that Pattent excepting the Gouernment and for the renew
ing of their pattent to that purpose, within the

224

whereof, the Lo : Baltemores Countrey was included : and his
Ma* vpon their great importunity againe referred the matter,
as they desired, to the late Lo : Treasurer and the Earles of
Dorsett & Carlile, who heard both parties and all matters that
are now in question before yo' Lo?.8 were then at full heard &
considered of, and pticularly that of Capt. Clayborne's
p'tences to the Island whereon he is lately planted, was much
insisted vpon by Sf John Worstenholme. But it then appear
ing to their Lo?8 first that their old Pattent was legally
dissolued, not only to the point of Gouernment as they pre
tended, but to all other purposes whatsoeuer, and that conse
quently the Countrey formerly granted them was wholy in
the Kings hands to dispose of, and that those promises
wch they pretended from his Ma"8 by his said proclamation
and otherwise were not to reserue to the company any incor
porate right, or to renew their Corporation (woh his Ma* is so
farr from promising therein to doe, in any kind whatsoeuer,
as for the reasons therein alleadged, he rather declares his in-
tencon then to be directly contrary, but to continue only euery
pticuler mans propriety & right to any Plantacon wcb any had
settled there, or assignem'." of Land made vnto them during
the time of the said Companyes Pattent being in force, when
any of them should desire it, as may appeare by the Procla-
macon ; and it being also at that tyme made appeare vnto their
Lo?8 that although the tract of land then intende'd to the Lo :
Baltemore, were within the lymits of the old Companies
Pattent, yet that it did not infringe or trench vpon any such
plantacon or assignement as aforesaid ; excepting in one part
of a Peninsula contayned within the said Grant, wob part of
the Peninsula was therefore afterwards excepted out of his
Grant : and that Capt : Cleyborne about the time of passing
the said Grant wob was many yeares after the dissolucon of the

225

said Companies pattent ; had without any legall authority de-
riued from his Ma* ; seated himself in an Island where now
he is, within the Bay of Cheasepeack (wob is within the
p'cincts of the Lo : Baltemores pattent) and aboue 100 miles
northward distant from James Riuer, the p'sent scituacon of
the old Colony of Virginea, of purpose to remoue himself
farr from all gouernment, being euer obserued to be a man of
a factious Spirit, as did appeare by many of his former
actions ; their Lo?? therevpon againe made certificate vnder
their hands to his Ma* dated 5 of June 1632. that they
thought fitt that the said last Grant should passe to the now
Lo : Baltemore & his heires, excepting only a great part of the
Peninsula aforesaid whereon some of the old Colony had long
before planted themselues during the time of the old Com
panies pattent being in force, and accordingly a new warrant
from his Ma'? dated 7. of June following, was directed
to Mf Attorney Generall that then was, to alter his Grant in
that point, and to prepare a new Grant of all the rest w'b that
excepcon only ; w6b passed the great Seale of England, it
being not a fortith part of the Territory belonging to
Virginea, as may appeare by the Cards & Mapps of those
Countreys, if yof LoP8 please to peruse them.
After all w".b the yeare following the Lo : Baltemore having
to his great charge made p'paration of Shipps and provisions
for the transportacon of people to begin a plantacon in the
said Countrey so granted vnto him ; some of the old dissolued
Company, a litle before the going forth of the said Shipps,
being transported with spleene, (as he conceiues he hath
reason to doubt) and of purpose to molest him in his proceed
ings, well knowing how p'iudiciall a litle delay would
bee vnto him at that time ; againe p'ferred a declaration to
yo' LoP8 of the p'tended iniuries done vnto them by the said
29

226

Grant, formerly so much debated & considered of as aforesaid,
and hoping at last (as it seemes) to advantage themselues by
importunity and multitudes, they brought 30 or 40 of their
Company before yo' Lo?? and all matters formerly considered
of, concerning that busines, were then againe debated of
at large, and pticulerly that of Cleybornes pretences to the
Island wherein he is, was againe much insisted vpon, in their
declaracon, as by the Copy of it, will appeare : and when they
were out of hope of overthrowing the said Grant, then did they
moue, that at least they might haue an independent liberty
of trade wtb the Indians within his precincts, well knowing
the preiudice wob they should do him if they obtained that
liberty ; but it then appearing to yof LoP8 as well the weaknes
of their former p'tences in other things, as likewise the inius-
tice & great inconveniency of this last motion of theirs.
ffirst, in that it. was the Lo : Baltimore's right by his pat
tent and the only p'sent benefitt, (though small and not likely
to be permanent,) that was probable to be made, towarde the
defraying of part of the great charge of the Plantacon, and
therefore neither1 in Justice nor equity fitt that any others who
did not contribute to the planting of the Countrey should de-
priue him of it :
Secondly in that it was very inconvenient & dangerous for
him and his plantacon to pmitt it, because thereby he should
giue those who were not well asserted to his plantacon, and
whom he had noe power to regulate a meanes to spoile the
markett of that Trade, as likewise to pick quarrells, and doe
iniuries to those Indians who were Neighbo™ to his plantacon,
and who would be apt to revenge vpon his Planters all such
wrongs done them, when those who did them were gone, the
Indians making no difference between them being all of one
Nation ; Yof LoP8 therevpon thought fitt by an Order at the

227
Starr chamber 3 of July 1633 to dismisse the busines, and to
leaue the Lo : Baltemore to the right of his Pattent.
All w6h just and faire proceedings in the passing of w°.b pat
tent ought to haue been sufficient (as is humbly concerned) to
debarr any man from any further importunity in opposing his
Ma'.8 gracious Act vnder the great Seale of England, so ad
visedly & considerately done, especially there having been
really no such promises made by his Royall Proelamaeon
aforesaid, as could any way either in hono' or otherwise oblige
him to forbeare to make such a Grant vnto the Lo : Balte
more : — But only were and are suggested by them either
meerely to p'iudice and molest his good endeavo'.8 for the en-
largment of his Ma*" Empire in those parts ; or for some
other ends besides planting ; ffor if their intentions in this
their importunity to haue their Corporation renewed, were
and are meerely to haue power thereby to plant, any of them
hath might and may yet, without pressing for any such thing,
haue Land enough assigned them for that purpose, from his
Ma'.8 Gouerno' and Councell in Virginea, as many others, both
old and new Plant™ and Adventurers, from time to time,
since the dissolucon of the old Company haue had, and dayly
haue, and vpon as good conditions as any perticular person of
them either had or could haue had, when they were in an
incorporated Body ; there being more Land vnplanted and
vndisposed of then them these many
yeares, and such land as is more Southerly and better then
that woh is granted to the Lo : Baltemore, w6b pticuler assigne-
m18 also, his Ma* no doubt, would afterwards be pleased to
confirme vnto any of them as they should reasonably desire,
and as he was graciously pleased to promise, by his said Procla-
con, to those who had any plantacon seated or any assigne-
ment of Land there, during the time of the old Corporation.

228
But none of those, who haue so much troubled his Ma'f and
yo' Lo?8 in this busines, haue any Plantacon or people setled
in Virginea, neither haue any of them begun any plantacon
for sugars on the South parts of Virginea, as some of them
vpon the late Lo : Baltemore's first Grant of that part, aboue
menconed (wcb is now 3 yeares since) p'tended very earnestly
to doe, or done any thing els since, concerning the plantacon
of Virginea, but importuned his Ma* and yo' Lo?8 for the re
newing of their Corporacon, and raysed trouble both here and
there ag? the Lo : Baltemore and his Plantation.
Now for as , much as the said Grant was made vpon such
mature deliberation vpon so many seuerall references, war
rants and certificates (the Copies whereof are ready to be
p'sented vnto yo' Lo?8) And for asmuch as the said Lo :
Baltemore hath therevpon disbursed by himself and his
freinds aboue tenn thousand pounds for the setling of a Col
ony of his Ma?8 Subiects in the said Countrey, having sent
two of his Brothers thither (one of whom he hath since lost
vpon the place) and having seated already aboue two hundred
people there. Hee humbly beseecheth yo' LoP8 to the end he
may be no further vniustly molested by any of the old dis-
solued Company of Virginea, but may peaceably & quietly
enioy his Ma'.8 gracious Grant vnto him, and the right, w6b he
(in confidence thereof) hath since so deerly bought by the ex-
pence of so great sumes of money, the loss of one of his
Brothers and severall others of his freinds, and many other
troubles wob he hath since vndergone, in the prosecution of it,
That yo' LoP8 would be pleased vpon these considerations ; To
make a finall Order that the old dissolued Company of Vir
ginea shall be heard no more in their said vniust p'tences
against his Pattent, because the often questioning of his right,
though it be vpon vniust grounds, doth much p'iudice him in

229

his proceedings, Nor that any other order do passe from this
Honob!6 Boord w6b may p'iudice his right or cause any suites
in Law between them, ffor that would much endanger the
ouerthrow of his Plantation which is now in a good forward-
nes to perfection, and consequently his and many of his
freinds vtter ruine, in respect that the greatest part of their
fortunes are there vpon engaged.

No. 14.

GOVERNOR CHARLES CALVERT TO CECILIUS,
LORD BALTIMORE.

[Indorsement.]

[Superscription.]

Seal.
Calvert Arms
with A
LABEL.

27 Aprill 1664
My son Charles to me
by Cap : Miles Cooke.
For The Right Honb?6
The Lord Baltemore
These p'snt
p Capt. Cooke.

May it Please Your Lopp —
I shall now endeauour to giue yf LoPp an Accompt of what
I haue done as to yf Lo?!8 Comands in the last & This yeares
letters but I shall first humbly begg yf LopP8 pardon that
I haue nott done it sooner :
27th May 1662. Your Lo™ was pleas'd in that letter
to comand me to procure some Elke Calues two Males and
two FemaUs, I haue vsed all my endeauours possible but can

230
procure none as yet, yf Lopp in that letter was pleas'd to write
about the Manu' of Calverton, to know what has beene
granted out of it, A Thousand Acres y' Lopp did grant to
doctor Barber & 300 acres att an other time, & Mf Pyles has
had a 1000 acres more out of it vpon a letter w°.b Mf Lewger
writt long since as from yf Lo™ wob is all I know of or can
learne from any ; I haue acquainted the Masters of Vessells
that what letters I send to y' Lo™ they should carry for Lon
don & nott send them by the post as they were wont to doe &
that y' Lo™ would beare them out in't, the 20 Barrells of
Corne w6h Mf Sewall was to haue he has now payd him by
discount w'b the Chancell', & the 20lb wob my vncle had of yr
L°™ in Maryland money he tells me is pay'd as may appeare
by his neate Accompt of 1661. I haue according to yf Lo™8
Grant to my Cosen Darnall of Jenkins Plantacon endeauourd
to sell it for him, & hope by these ships to send him Bills of
Exchange for't ; M' Sewall has Great Eltonhead as y' L°pp
gaue me Ord' in this letter.
24')' July 1662. According to yf Lopps Comands in this
letter I passt the land aforesd to the Secretary, & he has sur
rendered his warrant for 2000 acres wcb yf Lopp was please to
bestow on him :
26th July 1662. I humbly returne y' Lopp many thanks
for the 25 p pole woh the Countrey gaue by Act of Assembly,
I shall endeauour to make the best vse I can for your Lopps
seruice : As to what your Lopp writes about the Hattons
whoe would faine haue a 1000 acres of the Land att Choptico
pretending a promisse from your Lopp wob as I find vpon
record was but Conditionall, soe that I shall obey yf Lopps
Coinands & endeauours to satisfie them in some other place,
when soever they shall desire it but as yett I heare nothing
from them. The Grant woh y' L°™ gaue to Doctor Barber he

231
shewd me vpon w6b I pass't & sing'd him a pattent, afore y'
Lopps letter came to my hands, & whereas y' L°™ does think
that grant was reuokt', I enquir'd of the Chancell' about it
whoe could say nothing to't as he told me, soe that I cannot
find any thing whereby to recall what's pass't he shewing me
yf Lopp letter vpon wch I did it & causd the words of yf L°™8
letter to be recorded woh concern'd his buisinesse, Mf Lewgers
sonne has that Plantation of Coles in lieu of 500 acres
w°? yf Lopp had giuen him, there were noe housing vpon't, soe
that there was noe Tob. to be demanded vpon that accompt of
him ; As to what yof Lopp : was pleasd to write about the
moneys or Tobaccos due from Mf Sewall to M' Lewger
& Ccecill Langford I can onely say This that the fees of the
Secretarys place are much more then formerly & conceiue it
will not preiudice the Secretary to pay part if not the whole,
but shall desire yf Lopps positiue Ordf therein for what's due
in arreares, & for the future Ccecill Langford being now gone
from yf L°™ the Secretary I think may very well pay
Mf Lewgers share yearely.
15th Sep : 1661. I did according to yf Lopps Comands take
Peeter Gures from the Chancellf but since that he's returnd
to him againe but vpon better termes then afore.
24'.b Sep. 1661 Your Lopp in This letter was pleas'd to
write about Mf W? Eltonheads will, whoe by word of mouth
gaue his land & other estat to his wife he being att that time
a prisoner & could not haue the benifitt of paper & Ink vpon
w6b the Court then Judgd the will good, but in regard
the word heyres was not spoken I am not certaine whether
our last Act of Assembly for quietting possessions does not
confirmd it as to her as it was intended for all such as had but
imperfect Conueyances wcb makes me att p'sent able to say
little but shall endeauour to enquire more into't, in regard wee

232

had occasion att our last Prouinciall Court to examine that
busines & I find the wittnesse that was to haue prou'd
that will was not entred vpon record, wob will alter the thing
much, & if Mf Eltonhead will make a letter of Attourney to
some person here to sue for his right, I shall endeavour that
Iustice be done in't, but if he send a letter of Attourney he
must gett it Attested according to Act of Assembly as y' L°pp
will see by the Acts sent home this yeare or otherwise it will
not be of force here w'b vs ; I giue y' L°pp many Thanks for
the Grafts sent by Mr White last yeare but none of them came
to good ; I haue & shall obserue y' Lopps Comands in euery
particular in these letters of 1662, These last of 1663 I shall
now giue yf L°™ the Best Accompt I ame able in answer to
euery thing therein.
23'." July 1663. I shall according to yf Lo™8 Comands
take care for the future whoes Bills I take, & as to that of M'
Loyds about the 26'b he assur'd me in the Presence of the
Chancell' that he had taken such effectuall Course w'b his
correspondent in England that I press't him nott to draw any
Bills, but it shall make me more Carefull the next time;
Smiths Bill wob y' L°™ return'd protested came to my hands,
but in regard Smith is gone for England whoe sign'd it, noth
ing can be done in't here but must leave it to y' L°pp in
England where he is or will be some time or other his Father
is one of that Company vpon whom he drew those Bills of
Exchange & y' Lopp will come to heare of the sonne vpon
the Exchange, The 9 hli*8 of Tobacco wob in 1662 I sent
whome to y' L°™ by Capt Tully, 7 of wob I thought good &
weighty, but as y' Lopp writes were nott, must be Capt
Tullys fault, for it was himselfe that assur'd me that 4 of the
7 w6h he brought from Ann Arundell were extraordinary good
Tob : & good weight 400 & vpwards all foure, for the other

233
Three, I was w'b him when they were brought on board his
Ship & I caus'd eueiy hdd to be opend & shew'd him the To
baccos wob he like't then very weU, & wisht all the Tob : he
had then on board were as good I saw them weighed & euery
hogshead was vpwards of 400 this I can Assure yf Lopp to be
truth soe that where the fault was vnlesse Capt. Tully was
Careless or did not deale soe fairely >v'h yf L°™ as he ought to
haue done 1 can't Imagine, for I tooke all the care possible 1
could that y' L°™ mought not pay freight for bad Tobaccos ;
The Bills of Exchange woh your L°™ receiued from Coll
Smith charg'd by me I will take care shall be payd againe &
thought to haue sent in this yeare, But doctf Tilghman putts
me of still alleadging his bad condition he is in, but say's he
will not faile to contriue paym? next Cropp,w6h I shall returne
to yr L°™, But This will make for the future take care for
whome I doe such a courtesey for it was purely to pleasur the
doctf he being a stranger att that time in Virginia w6b made
me request the fauour of Coll Smith to procure him Creditt
for soe much in Virginia wob accordingly vpon my letter he
did, & to satisfie him I was forct to draw a Bill for the
moneys vpon y' L°™ the Doct' taking noe care to satisfie the
debt, As Concerning what yf L°™ writes that the Comiss'.8
w6h I sent did not well to consent that the same time for the
stinting to be alike in both places, to w6b it was answered to
me that they could not accomodate it otherwise the Other
party alleadging that that would not be soe greate a preiudice
in regard Maryland was not much to the Northward of Vir
ginia, & as to the Calling our Assembly here first was a great
ouer sight in them, & they could giue me noe good answer
to't, onely that it was much press't by the other party the re
sult of our Assembly as to that businesse I sent y' Lopp in
Harwood & Copys in Groome; I was not long since att
30

234
Virginia to waite vpon the Gouern' & amongst other buisnesse
wth him I mou'd the setting forth the diuisionall line from
Wattkins point to the seabord syde to wcb he seem'd very
willing, & some time in Aprill was then appointed for't,
& since that I received a letter from Scarburgh wherein
he gaue me to vnd'stand that he had Order from the Gouer'
Councell & Comittee of theire Assembly to write to me that
vpon the 10th of May next was the time appointed by 'm for
the doing that buisnesse to w°h I answer'd I should nott faile
to send others to meet them on y* Lo™8 behalfe, w6h I am now
preparing to doe & shall carefully obserue your L°™8 Comands
& Instructions in that buisness, & I hope I may be able to
giue yf Lopp an Accompt by some of the last shipps that de
part from hence or Virginia of the accomodating that differ
ence betwext the Virginians & vs, In answer to what y' Lopp
writes about the Mann' of Great Eltonhead, vpon inquiry
since into that buisnesse doe find that there is 5000 acres
according to former suruey, & how Mf Sewall came to find
there was but 3000 I shall not venture to say att p'sent, but it
goes now for the full quantity as afore & nothing is sd more
concerning it by the Secretary ; I receiued a letter from the
Lords of the Councell but as yf L°™. Comandcd me haue
taken noe notice oft att all, but shall notw'.hstanding be
very diligent in obseruing theire Comands, & I humbly begg
yf Lopps pardon for my Omission in not sending the last
yeares bonds for 1662 till this last shipping, but shall for the
future amend that fault, I sent them by Groome & duplicats
by Harwood or Tully I dont well remembf w°.b The Orig-
inalls I keepe here, those of 1663 I now send by Cap' Cooke
& Copys likewise by Tilghman. My last yeares Accompt I
sent by Groome w'.b Jack Allen, but am afraid I shall not be
able to send yf Lopp This of 1663 untill the next shipping for

235
the sheriffs are soe long afore they returne me theire Bookes
that I haue not time to make vp the Accompts the same ship
ping to send y' Lopp, woh I hope will excuse me, but I shall
notwthstanding endeauour what in me lyes to hasten them, In
answer to what y' Lopp was pleasd to write about the 68
hhds of Tob : woh I sent last yeare in Fon for my not sending
the weights of euery hdd was not soe much my fault for the
Sheriffs came not downe time enough w'h theire notes of par
ticular & the ship was gone afore I had them woh was the cause
I sent them not, otherwise I should nott haue Comitted such
an ouersight as that was : The Gouer' of New Amstell is re
turned to Delaware but I vnd'stand as yett nothing from him,
neither doe wee heare any thing more of the frigatts that were
design'd for the Manados, if at any time there be occaticon for
our assistance to Call the Dutch to an Accompt for the Land
they enioy there wee shall be ready & endeauour to putt in
for yf Lopps. Right wob att p'sent wee conceiue better to lett
alone vnlesse yf Lopp can informe vs w6h way wee can safely
do't, & wee shall be still ready to Obey Comands. I spoak
to the Chancellf touching y' Accompts w°b he sent to y' Lopp
to w6h he answered that he had sent yf Lopp his answer
to such Obiections as were made & gaue me a Copy oft wob I
shall peruse & giue y' Lopp my sence thereof but they are soe
tedious that att p'sent I am not able to spend soe much time
to examine them neither is he at leasure my sicknesse whilst I
was in Virginia & the time it Continued on me after my re
turne into these parts has hindred me extreamly & putt
me back in all my buisnesse, but I will examine all those ac
compts & returne y* Lopp his answer to me as to euery par
ticular : I pay'd him his Thirds last yeare as yf Lopp will find
by the Accompt currant woh I sent in Groome ; I brought
him debtor 70 odds lbs for Arreares of Rents wch I found by

236

the books returnd me in 1662 w°b his seuerall deputys had re-
ceiued & had given noe Creditt ever vpon the Bookes formerly
of his w°h sume I charg'd him w'b & he to gett it of his deputys
w°" I suppose he has ere this.
24th July 1663. I receiued y' Lopps as p Margent by
Mf Allen & according to yr Lopps Comands therein haue
shewne him all the kindnesse possibly I could, he's a very
good Condicond young man, & In time may done well as to
the vnd'standing our Comodity & manner of dealing in these
parts of the world, w°b att This time I confesse can giue little
encouragem' to any, I receiu'd the Mault & flower from
Groome & humbly & returne yf Lopp many Thanks for them
& for the news books wch are a great divertisment to vs here,
I haue acquainted my Couzen W™ Caluert about that buis
nesse betwixt him & my vncle, & shall endeauour what I can
for the best.
26th July 1663. This I receiu'd by the hands of df Hum-
berstone & in Obedience to yf Lo?£8 Comands receiu'd him into
my house whilst he stay'd here, but I cannot find him to be
the person capable of jierforming those things y' Lopp was in-
form'd of him he's an Indiffrent good Chirurgeon & as in-
diffrent in his religion, he past here for an Athest, & I think
him little better, some call'd him the Heathen doctor & I pre
sume none could call him a miss, but I was Civill to him in
regard it was y' Lopps pleasure & Comands to me. I shall
speake to Augustine as yf Lopp formerly writt about a par
ticular Mapp for S! Johns & West St Marys, Mf White has
done some thing as to the House & Orchard of S' Johns wcb I
presume he'll send yf Lopp this shipping.
3d August 1663. I receiu'd this letter & a letter from
yf Lopp for Coll' Fontele Roy & a warrant for him, both
wob I carried wth me to Virginia, but afore I could gett it sent

237
to him he was dead, soe that I haue the warrant & shall
keepe it vntill yf Lopp shall further direct in't, 1 returne
yf Lopp many thanks for the moneys payd to Mf Fitzherbert
in England wob I chargd vpon yf Lopp.
14'h August 1663. In answer to what yf Lopp was
pleas'd to write in this letter I shall now endeauour to satisfie
as to euery particular the best I can; In that letter I
receiued seuerall papers from yf Lopp & a note of the prizes
of such things sent in Capt Tully. The Things themselfes
I receiued & a Man seruant, the other that was to haue come
being putt a shoare att Plimouth, I had alsoe by that vessell
Copys of y' Lopps Comission & Instructions to Capt Swanley
Gone'' of Newfounland, all w6h I shall peruse & returne an
answer as soone as I can for yf Lopps satisfaction ; The bus-
ness w6b the slones Complain's & writt about is by me accom
odated betwext them & the Chancellf he paying the Arrears
of Rent due from them, & he to haue what was in his hands
of shares, by wob meanes he came to gett 10 or 1281 by the bar-
gaine & gave discharges to each other afore me, & soe that
that difference was ended ; the arreares of Rent comes to 38
odd pounds w6b I am to charge to the Chancellf8 accompt this
yeare, towards paym' of his Thirds as Sallary from yf Lopp :
The Proclamacon w°.h yf Lopp was pleasd to mention was
issued forth by me & the Rest of the Councell concerning the
taking of Hydes for Rent, nothing as yett is done in't, in re
gard M' Jackson could not give that security to me wch in
Reason I ought to haue demanded of him for the securing
yf Lopp of yf Rents & besides one reason wob made me doe
nothing in't was because the Councell had nothing to doe w"1
things of that nature w6b afterwards I reflected on though at
the Issuing forth of that Proclamaco I was surprised but it
signified nothing ; Though many times when I have spoken

238
by the by to the Chancell' of the difficulty I had in getting
the Rents cleare euery yeare, he has often press't me to aduise
w'.b the Councell w'b it, but I haue made him still this answer
that I concciu'd it not a buisnesse properly belonging to
them, but that I should vse what means w'h his aduise I
thought best, w6b since I haue vnd'stood he has informd the
Councell as he has of many other things w6h in priuate I have
discours't w'.b him : I haue endeavour'd to assist Mr Jackson
what I can in letting him a spott of ground hard by me for
his Tann Fatts & lent him a House to putt his Bark in euer
since he came, but I find the Countrey are not soe ready to
encourage him as I thought they would in regard they see noe
great effects of his coming in ; The reason I did nott last
yeare send y' Lopp an accompt of the Things sent that yeare
& that I did nott answer the letters of that yeare was because
Spenser was gone sooner then I heard he was to goe, but I
sent by the way of New England but cannot vnd'stand that y'
Lopp received the letters. The Things that yf Lopp sent this
yeare I shall now giue an accompt to euery particular
as I receiud them ; The Warrant wch yf Lopp mentions
Mf Lewger has for me as Receiuer came to me, & I liaue
giuen Capt Tully lO" to pay him it being for the first
paym? & shall not faile to pay as much yearely till 7 yeares be
expired as long as I continue Receiuer ; I haue spoke to the
Chancell' concerning what he writt to y' Lopp of a promisse I
made to Patrick Powest of the land att Pork Hall neck, wob I
wonder extreamly att, when he knows, I neuer did nor could
I if I would, & to lett y' Lopp see he has done me a great
deale of wrong in't, the busnesse was this, he himselfe came to
me & spoake in this fellows behalfe to me for that land, To
w°.h I answered him : S' you know it lyes not in my power to
dispose of any lands Escheated to his Lopp wth out particular

239
Ord' for't, & as yett I haue none the second time he came
againe, & I made him the very same answer as afore I had
done, but Patrick as he says presst him soe much that he came
the Third time w'.b him at woh I was a little troubled & desird
the Chancellf he would satisfie him, but nothing would serue
it seemes vnlosse I gave the fellow an answer & vpon that I
went out of my parlor to the fellow, & the same buisnesse was
mou'd by the fellow, & the same answer I gaue him as I had
to the Chanf then Patrick desir'd me to write to yf Lopp to
procure it him, I then demanded of the Chancell' whither
himselfe & Dick Willan whoe was then liuing were willing
to't in regard I knew both theire stocks of Cattle & hogs ran
in that neck, the Chancellr made me answer he was very will
ing & more over did assure me of Mr Willan Willingnesse
to't to wch I reply 'd if it be true as yu are pleas'd to say I'll
write to his Lopp about it, but w'h in a Day or two after I
pass't by Mf Willans House & mett w'h him whoe desir'd to
know of me whether Patrick had obtained a grant of Pork
hall neck, & vpon that I acquainted him w'h what I have here
related to y' Lopp, wherevpon he made me answer that
if any body did seate that land it would mine him in his
stock, I iiuediatly went to the Chan1!' & sent for Patrick to
come thither to mc,& told them both what M' Willan
had said, to w6'1 the Chancell' told me priuatly that Willan
was a strange man, but My lord the reason of that was there
had beene some little difference betwixt my Vncle & him
about some Corne Willan had lett him & could not gett it
againe, I told Patrick I would doe nothing that should ruine
a. person that had beene soe faithfull as dick Willan had
beene to yf Lopp well then sd the Chan' doe not Sr at least
hinder him by writing to y' L°™, I assurd him I would
neither write for the one or the other & this is the buisnesse

240

in short wob I humbly leave to yf Lopp to iudge whether
This were a promisse I could acquaint yf Lopp wth many
other Triuiall Things w6h he has reported of me but are nott
worth troubling yf Lopp wth all att p'sent. T give yf Lopp
many Thanks for the Things sent by Capt. Tully, I receiued
them all & the Inuoyce and as they were sett downe both in
that & the Bills of lading I shall be very carefull as well of
what y' Lopp has last sent me as likewise of the things I had
afore : The reason 1 haue nott giuen yf Lopp soe large
an accompt of euery particular from time to time was for
want of a Clerk I haue now hired one for a time, & shall for
the future giue yf Lopp better satisfaction ; but for sending
the Escheats, Michas I receiue the Rents I will if possible
I anie able & can gett my Bookes in time enough ; If T had
nothing else to doe but to goe to the Respective sheriff
of euery County for theire seuerall books I'ts very possible
I hi ought do't, but haning continually more buisnesse then I
can well runn Thorough, I must neglect one thing or other if
I should stir soc much from home 1 did desire as y' Lopp
writes to haue some frieght taking last yeare in England, but
fearing afterwards If I should not compleat my freight,
I should be protested against, I chose rather to lctt it alone &
that was the reason I did not send word as I writt I would
otherwise have done. I haue acquainted the Secretary that
the Chancell' had writt yf Lopp word of some indiscreet &
vnhandsome speeches he should vtter & that the Chancell' had
informd y' Lopp he had acquainted me w'1' it, but I assure
yf Lopp I can't remeinb' that over I heard any word or tittle
oft afore I read y' Lopps letter for if I had I should have
hardly past it in silence soe I iihediatly went to the Chancell1
to know of him whoe Those persons were that would be Mr
Sewalls accusers he told me M' Coursey was the person,

241
where vpon I sumonds him to S' Marys & made knownc the
businesse to him to woh he made answer that he had heard
seuerell things come from the Secretary, I desird that he
would give me vnd' his hand what he had to say & lay to his
charge wcb I heare send to yr Lopps being able to say little
to't my selfe the one declaring vpon Oath & the Other posi-
tiuely denying vpon Oath. M' Coursey moreouer told me
that others had heard as much as himselfe, I demanded whoe
those were & he told me the Chancell' had heard the same &
to tho same effect as what he could say, whervpon I spoake to
the Chancellf whoe told me likewise that he had att an other
time heard to the same purpose as Mf Coursey, <fe I desir'd he
would alsoe give it me vnd1' his hand & vpon Oath w'1' he has
done, both wch I present to y' Lopp to iudge of, Now May it
Please yf Lopp this I can say that neither the Chancellr nor
the other Can endure the Secretary & haue endeauour'd what
they can to doe him vnkindnesse as y' Lopp may plainly see
by the Journalls of the last Assembly, & I know they haue
attempted to do him what mischief they Could to the people
by disparagin him woh I thought was not handsome he being
your Lopps Officer & Third person in Employmt; when
I first spoake w'b the Chancell' to know whoe those were that
accusd the Secretary he told me onely M' Course & yett since
that it seemes he says he heard as much, they are vpon theire
Oaths & therefore shall not presume to speake more in't if it
be true I wonder att Mf Sewall for being soe indiscreet, for in
his actions euer since he has beene y' Lopps Officer he has
giuen sufficient testimony of his readinesse both to seruo y'
Lopps & the Countrey & I could wish I had cause to say as
much as of the rest of y' Lopps Officers whoe pretend more
but theire actions doe not suit accordingly, The Secretary does
intend for England in Cooke & of him y' Lopp may be
31

242

further satisfied, both as to his owne particuler & the humors
& dispositions of other persons here in Office & of theire
Carriage in y' Lopps affaires here, yf Lopp may confide in
him for the naked truth of Things here & I doubt but when
I may see y' Lopp to Confirme what he may relate — I haue
reced : An Act of Parliam' & shall be very diligent in
Obseruing it, but I haue desir'd the Secretary to know of y'
Lopps what's is meant by searching vessells for Forraign
goods whether wee must strictly looke into euery particuler
Cargo The Merchant & Mast' brings in if soe it will be an
Endlesse trouble both to the Officers & Mast' & Owners of
such goods, wherefore I shall earnestly entreat yf Lopp to sat
isfie vs in that, least wee runn ourselues into some inconuen
ience by being to Officious in our places, if y' Lopp can by
the first Ship that comes for these parts — Mf Willan is
dead but I acquainted his wife about that wob y1 Lopp writt
concerning a release he had sent for England & what shee will
doe in't I can't tell as yett ; Whereas The Chancell' writt to
y' Lopp that he might leaue The Great Seale w'h me when his
Occations call'd him vp the Bay to his Plantations, he has
since desir'd me to write to your Lopp that he may be dis-
miss't from his imploymt, for that as he say's he is not able to
looke after y' Lopps buisnesse and his owne. The Secretary
can giue y' Lopp the seuerall reasons why he has desir'd that
soe much, if he were dismist I am certaine I could not have
more buisnesse then now I have vpon me, y' Lopp does give
a Sallary to a person to beare the name of an Officer but does
little & what help & profitt it brings to yv Lopp I doe not
conceiue, he has been absent these two Courts & is like to be
the next & vnlesse I be at home noe Courts can be held, The
Hattons haue not as yett spoaken any thing of the land
of Choptico as I haue sd afore, but as to what doctor Barber

243
writt y' Lopp word that I told him I had a check from
yf Lopp for signing his Pattent for his 1300 acres woh ho has
there I did say as much to him but forgott to write y' Lopp
an answer then of what I had done in't, I had y' Lopps let
ter to the Chan' for what I did, & I told him y' Lopp did
wonder how he came to haue any land there, & that if I had
not already pass't the Pattent I would haue held my hand,
this I told him wherevpon he p'sently gave out I would take
his land from him & seuerall other vnhandsomc speeches as
he is indiscreet enough to say any thing att his pleasure — I
haue acquainted the Chancell' wth what he had informd y'
Lopp that I did not from time to time comunicatt y' Lopps
Instructions to him to wob he answerd me little, I desir'd him
to lett me know what it was I had ever kept from him that
concernd him selfe or the Countrey, he was pleas'd to giue
me noe answer, though I can iustly complaine of his being
backward in assisting & informing me of the buisnesse of the
Countrey, but I shall presume to say noe more att p'sent of this
vntill I shall haue a fitter opportunity. I inform'd Mf Nut-
tall of what y' Lopp writt concerning my vsing of him friendly
as y' Lopp comanded woh I shall vpon all occations doe for
he deserues it & I doubt not but that he will proue very faith-
full to the Interest of Maryland. The Runlett of Tobacco w°b
Capt Cook carried ouer last yeare to y' Lopp was p'sented as
a token from M' Preston the Great Quaker that was, when I
spoak to him for a 100* one for to send to y' Lopp he was
resolu'd to present it him selfe & caused it to be putt
on board Capt Cooke & I knew nothing oft till Cook was sett
saile out of the Riuer, I doe intend to send a smal runlett by
Mf Sewall of the same persons Tobacco, but I feare not soe
good as the last I am very sorry that I am disapointed
in euery Thing, that I haue nothing worth p'senting y1 Lopp

244
this yeare, I hope hereafter to gett dried peaches good stoare
to send next yeare haning one now that can doe them.
6"' Sep. 1663. Your lopps bearing date as p Margent I
receiu'd & the seueral Bills of lading & inuoyce & other
papers being duplicats of those I had receiu'd by Tully, & att
the same time my Cozen W?s sister arriued here & is now att
my house, & has the care of my houshold affaires, as yett noe
good Match does p'sent, but I hope in a short time she may
find one to her owne content & y°.' Lopps desire, I shall
further what I can towards it, I haue acquainted her Brother
what yr Lopp does expect he should doe for her, but in case
he does not, or be not in a Condicon to doe much I shall take
care she shall not want as long as she remains w"1 me, There
came w"' her two maids one to wait vpon her & the other to
my selfe, I receiued likwise a light sumer druggat suit
a pewter still 2 Copper stew panns & in them 20lb of yellow
wax, I alsoe had wtb thein other papers relating to former
Accompts betwixt y Lopp & the Chancellf the w6h I shall
carefully peruse. We can heare nothing as yett of the
Comiss? wob y' Lopp writt were going for New England ; —
The Carpenter w°h yr Lopp agreed w*.b Gilbert Mettcalfe for
30lb is now w'.h me I spoak w'!' Edmund Berkley in Virginia
about him, but it was att least two month ere I had him after
wards, & when Mr Berkley came for his 30v', by Chance the
fellow askt me what time Berkley had sold him to me, I told
him for 3 yeares & as much as was then to Aprill, to wob the
fellow replyed S' he misinformd yu for I haue but two yeares
& as much as to next Aprill, I then demanded whether he
had an Indent ur & he produc't me one, & by that he had but
two yeares more to seruc, M' Berkley was a little amaz'd att
first att it & could not tell well what to say, but vpon long
examining The Indenture & debating the whole buisnesse, I

245
was resolu'd at last not pay for 3 yeares seruice when I saw he
could not assure mc oft in regard the Indenture appear'd to
me a good & firm obligaeon, & I veryly beleeue it is ; & some
Trick of Berkleys, for as I since came to vnderstand he en-
deauourd to gett this Indenture of the Carpen' but could not,
& soe thought to haue had his Bills for 30fc afore I should
haue knowne any thing att all of it att last wee agreed for
20'° for 2 yeares seruice, in regard I had much employ m' for
a Carpen' & hauing relyed vpon him for this fellow ; had putt
of others & was then seating a plantacon at W* Sb Mary's. I
gaue hiin Bills for 20'b for 2 yeares seruice & I am to deliuer
him att the end of tho time he has to seme me to Berkley
whoe will endeauour to make tlie poore fellow seme a other
yeare if he can, I suppose he can not for its as good an In
denture as I see are made, The Carp' is a good workman &
vnd'stands a mill very well for wob I Chiefly bought him, &
I hope to gett my mill fiuisht ere his time be out wth me, I
haue askt the Chancell' of the fewness of the Port dutys for
Catches & other vessel Is from London, to wob he answered y'
Lopp as he says that many of those Catches went a May
w'b out paying port dutys wcb I wonder att very much, & for
the London Ships he says there were not more than what he
mentiond (viz) 8 or 9 ; I receiued two letters from the
Coiniss'.8 of the Custonic house of London about the Act for
Trade & nauigacon, woh I shall answer by these shipps, & send
Copys of This yeares bonds to yf Lopp & not to them, I hum
bly giue yf Lopp many Thanks for the Garden seeds I
receiu'd This yeare, I shall for the future send y' Lopp a par
ticular of all such tilings as I want, & would not that yr
Lopp should be att soe great a charge for many Things woh I
haue receiud This yeare, for I haue bad Tobaccos enough here
wob will buy many things w'h when it is not worth sending

246
home, & for y' Lopp to buy soe many things in England I
am sencible costs a great deale of moneys woh I would not by
any means y' Lopp should doe, vnless it be for such things as
I send for, & then I will take care to send where with all to
procure them. As for setting vp a farme for English Graine,
I haue this yeare made a good stepp towards it, by sowing 15
or 16 bushells of wheate And 10 or 12 bushells of Oats, 7
bushells of pease 8 or 9 bushells of Barley, & if the yeare
proue seasonable I doubt not but to haue 300 hundred bush
ells of wheat encrease for last yeare in a spott of ground of 2
acres & a halfe I had aboue 40 bushells of wheat a 12 bushells
of Oats & 8 or 9 bushells of pease, & the straw of that pre-
serud my young Cattle in the hard wether & kept me 4 horses
constantly in the stables in very good hart, when other horses
were hardly able to doe any seruice ; The Flax & Hemp woh yr
Lopp sent me was sowd & beginns now to come vp, for w°h I re
turne yf Lopp many humble Thanks, I receiu'd likewise papers
relating to the Chancell'.8 Accompts, w°h I will peruse & know
his answer ; The Warrant for a Thousand acres for Bishop
Russell I receiud in 1662 & the Chan' was then very earnest
to see it layd out, being for his Old acquaintance woh made me
doc nothing in't, but 1 humbly bog y' Lopps pardon I re-
turn'd noe answer to't, but I shall now take cffectuall course
to see it done & to that end haue already giuen Ord' to the
Suruey' to lay it out & the Pattent shall be sent him. The
yeare has beene soe bad for euery thing that I shall be forc't
to disapoint y' Lopp of meat & other things yf Lopp writt
for, Mf Sewall can inform yf Lopp being somewhat sencible
of the difficulty in getting meate & Corne ; & it has beene
much worse w'b me in regard of my being long absent from
my family when I was sick in Virginia, I haue Thirty to
prouide victualls for, wob does putt me to some care & trouble

247
besides the expence wob is the least, — I haue labour'd what I
can to procure y' Lopp some birds & deere but neither To
baccos nor moneys will tempt any person to gett me any this
yeare, notw'bstanding I haue profer'd great rates, your lopp
was pleasd to write that some had infbrm'd that wee had
water Pheasants but as yett I can heare of none that euer saw
any, & for our sort of hawks I neuer thought them worth
sending otherwise I had sent long since some, the next yeare
I shall be able to procure some to send. I returne your Lopp
many Thanks for the Books I receiud by Story & the note of
particulars, I had one Man Seruant named Thomas Venaubles
a good diligent fellow & I shall vse him well vpon y' Lopps
Coliiands ; — I acquainted doctor Barber of what yf Lopp writt
me concerning him ; — I receiud yf Lopps letter of the 8th of
Sept : & wonder very much that some should inform my
Cousen W? Caluerts sister, that I had noe kindnesse for her,
when I can safely say I neuer had any such thoughts & can
say as much for Her Brother, I hope my Carriage to her &
the Care I shall take to see her want for nothing will giue her
reason to think better on me, The Maid that came wth her
waits vpon her & shall remaine w'h her according to yf Lopps
Comands — I shall pay vnto Mf Fitzwilliams whoe is come in
Mf Fitzherberts place 6 barrells of Corne & likewise giue
him all the encouragm' fitting ; I wonder very much att
Mf Fitzherberts discourses Concerning Maryland & our man
ner of liuing here, when he of all men neuer had the least
occation to abuse the Countrey & his friends soe, as for what
he writt yf Lopp of my being in danger of staruing I think
my Table neuer gaue him cause to complaine of vs though
I confesse he had good things & would as plentifully take
of any liquour of wob he had enough in my house & more
then I thought fitting for a person of his coat to take

248

sometimes, — I receiued by This whip Copys of your lopps
letters to the Chanf & his lady woU I haue perus'd & shall
keepe them to my selfe & carefully obey yf Lopps Comands
in all things, I doubt not but that my Carriage to them
since my coming into These parts has giuen sufficient testi
mony of my respect to them vpon all occations, y' Lopp
of the 28th of Octof I receiued by Capt Miles Cook & dupli
cats & second Bills of lading for the things sent by Capt
Tully, I likewise receiued papers about that bnsnesse of
Tullys being stop't att Plimoth ; I had alsoe by this The Mill
stones Brass & Iron worke for wcb I humbly returne y' Lopp
many Thanks, & since y' Lopp has beene pleasd to be Att
The Charge yf selfe, I will now build her vpon my owne Ac
compt & keepe her to my selfe, Mf White being a person as I
find not fitt for the cnoountring the trouble & difficultys peo
ple haue to bring any thing to effect in This Countrey, he has
beene euer since his arriuall in This Prouince \v"' me ife I haue
giuen him his diett Thinking he mought haue beene of vse to
me, but as yett not much, the life he leads here does not
seeme to please him soe much as that he lead in Italy M'
Sewall will inform y' Lopp more of him & other persons, —
1. receiued likewise halfe a Ihishell of Garden Beanos a pf of
Garden shceres & harnesse for Three plough horses, & other
necessarys for a plough. I alsoe had 2 hdds of mault of
Capt : Cooke but had not occation for any more nayles then
what y' Lopp was pleasd to send me wob I likewise had,
& returne many humble Thanks for them, That buis
nesse wob the Secretary writt to y' Lopp about concern
ing the setting vp of a Saw Mill vpon an Island on the
Easterne shoare as yet nothing is done in't & I beleeve it
will be noe more thought on for my owne particular
I am not in a Condicbn as yet to venture vpon such

249
a chargeable designe as a Saw Mill will be afore it yeelds
any profitt, perhapps I may putt 4 or 5 Saws into my
Water mill if I can doe it w'b little more Charge wob I am
Credibly informd I may, I shall the pent yeare acquaint yr
Lopp how I proceed in't, — Wee heare nothing as yett of the
Pattent w6b some Bristoll Merchants has of that neck of land
betwixt Rapa & Patowmeck but its say'd when all ships are
gone it will be produc't, & the reason I heare of this is that
noe news shall be carried home this yeare how the people
relish theire New Gouern'.8 but will leave it till the next & by
that time its hop't they may be quiett & weU satisfied w'h it.
I haue endeauourd to see- if I could find as many responsable
men that would engage to take a 100 or 200 ncigros euery
yeare from the Royall Company at that rate mentiond in
yf Lopps loiter but I. find wee arc nott mon of estates good
enough to vndertakc such a buisnesse, but could wish wee
were for wee are naturally inclin'd to loue neigros if our purses
would endure it ; — I acquainted Mf Fitzwilliams of his
abrupt parting att London w'b out takeing leaue of y' Lopp
w6b he does acknowledge & asks y' Lopps pardon for't he will
I suppose write as much by this ship : — By This ship I re
ceiued one Warner a Miller & his wife she being since dead a
little after she came a shoare was brought to bed & the Child
died alsoe ; I shall puntually obey yr Lopps Comands as to
him. I receiued likewise drawne in the behalfe of Capt
Tilghman, but that busness was taken vp by me & the Rest of
the Councell by reason he had askt pardon & was sorry for
what he had sayd, — I have sent yf Lopps letter to
Collf Smith with in one from my selfe, I shall desire
yf Lopp will take notice to him & her the next shipping of
the fauours I receiu'd from them in my time of sicknesse, I
was sick att theire house 6 weekes & she took very great care
32

250

of me I shall humbly Desire yf Lopp to thank them both
for't ; That wcb Capt Cook spoak to yf Lopp concerning his
Admiralship part of the Vessell of the S' George of Bantry T
haue endeauourd to gett it for him of the Chancell' whoe tells
me 30* remaines yett in his hands, wob he will pay vnto Cook
I suppose according to y' Lopps Ordf, — The Mill stones wob
came in Cook were Blew & 4 foot & 9 Inches & I had all the
Brass & Iron work belonging to them. I suppose Capt Cook
will haue nothing for the freight for as much as I can
perceiue by him as }rett, he has been beholding to me for as
much as that comes from time to time. He has beene very
Ciuill to me vpon all occations for wob I desire yf Lopp will
please to thank him. The letter w6h yf Lopp sent to doctor
Barber wtb a flying seale I did first read it & deliuerd after
wards to him. — I receiued more by Capt Cooke 2 bills for
Harnesse for 3 horses & iron work for a plough & alsoe
a note of Things sent in a box C : C : N°. 1 & a p' of Garden
sheeres C : C : N° 2 ; I shall not be willing to entertaine Brick-
makers or Carpenters at the Rate yf Lopp mentions, for 1 feare
it will not turne to Accompt here w"' vs, but humbly
returne yf Lopp many Thanks, & for the News Books &
other Papers. Now may it plesise y' Lopp in answer to what
y' Lopp writt about my going for England next shipping
wch I haue an earnest desire to if things be soe settled here
that I may haue desire to returne back againe by the same
shipping — for that as y' lopp writes will be most requisitt for
both the reasons sett downe by y' Lopp, the Charge of such a
voyage if vndertaken I shall take care to defray w'b what I
hope to gett here, w6h is the least difficulty I find, but in whose
hands to leaue the Gouernv* in vntill I come back is that I am
att a stand att, for if I should goe from hence in the last ship,
& returne in the first as I necessarily must, my stay in Eng-

251
land will be but short in England, & I haue great cause to
feare, that I shall find much confusion at my returne for as
yf Lopp was please to write that it were best to make my
Vncle Gouerf in my Absence on the side I know it to be verv
necessary & againe am very sensible how much he has dis
gusted all in Generall & especially those that haue beene euer
faithfull to yf Lopps Interest here & such as haue shewne me
any thing of Kindnesso since my Coming into this Province.
He has soe much by Instruements employd by him threatened
what he'll doe when the power comes againe into his hands as
he giues out an other yeare it necessarily must in regard he
vnd'stands y' Lopp has a desire I should goe for England,
next shipping, that the people doe dread nothing more &
especially such as I sayd afore had beene yf Lopps friends
whoe are resolud to lay downe theire Comissions if not sell
what they haue & begoii the Secretary will satisfie y' Lopp of
euery particular & what he has endeauourd to doe is to draw
the Affections of the people from me wob I doe not fear in the
least, for I haue had as much testimony of theire Kindnesse
as could be expected by me from them, & especially in my
time of sicknesse in Virginia as the Secretary can informe
yf Lopp. This in short is that w6b to me is the onely difficulty
wcb if yf Lopp can accomodate soe that things may be settled
att my returne as now they are, I shall most Chcarofully &
w'h a greate deale of desire prepare for my going for England
next yeare to sec yf Lopp then w6h nothing can bring soe much
satisfaction & comfort to him whoe remaines as euer
Your Lopps Most dutiffull
April 27th 1664— Sonne
I haue sent yf Lopp Bills Charles Caluert
of Exchange in this Box
& haue giuen some papers to

252
M' Sewall to discourse w'h yf Lopp
about the Alienation office wob the last Assembly
gaue to me to offer to yf Lopp as theire humble request
wob if granted by yr Lopp will soe much gaine them that
it may bring more then doubling the Rents soe would haue
come to
I shall take care of the Secreatys Office vntill Mf
Sewall comes Back or that I heare from yf Lopp —

No. 15.
GOVERNOR CHARLES CALVERT TO CECILIUS,
LORD BALTIMORE.
[Indorsement.] 26 Aprill 1672
My son Charles to me
from Maryland
Brought by Cap : Ben : Cooper
reed 12 July 1672
Inclosed in it
A coppy of my Comission to
my son Charles for the Gouernm'
of Maryland.
May itt please yof LoP?
Cap? William Wheatley is now gone, by him I writ to
yf LoPp a short Letter, only to Convey some Bills of Exchange
the seconds And some others I send herew'.h It is now high
time that I returne answf to all yof Lo™ Letters by this Last
Shippinge ; and therefore I am now prepareing this against
Cap? Cooper sailes, who hath giuen mee butt a weekes time ;

253
that I may giue a full answr to all yo' Lop!8 Ire. and Euery
perticular Contained in them, I shall now take them afore nice
according to their seuerall dates. Yof Lo™8 of the the third
of July by Gouldsmith. Gaue me to vnderstand that the
Bill for £40 & the other for £70.. 15.. 0d were both Complyed
with, and that all my Letters Came well to yo' Lo™8 hands,
As alsoe the Act for 2 50 the hh? which I perceiue yo' Lopp
is Satisfyed with, our Endeauours were not wantinge to haue
procured itt otherwise, butt Covld not prevaile which I hope
yor Lo™ is Sensible off, I am glad that the Tax vpon Tob-
bacco is not Settled, for I am assured the Comodity will not
beare that Burden, yor Ijo?p Mentions, that the difference be
twixt his Royall Highness, and yof LoPP is not yett deter
mined, which wee are very Sorry for, because itt begetts a bc-
leefe in Many th' yo' Lorp will hardly Recouer yo' Right, And
Causes many to take Land att the Ilore Keele from the Gouer-
ment of New Yorke, I am dayly perswadinge <& Incouraginge
persons to seat there in yo' Lo"!" Right, And some are already
gone, And more I hope will Venture Coll". Jfrancis Louelace
Gouernour of New Yorke, is Come lately to Delaware, [As
Augustine writes mee word) but vpon what Designe w not yett
Knowne, I fear that he Intends to make a vissitt to the people at
the Hore Keek, to Ineourage them to oppose those Seated and
Settled in Right of this province butt of this I shall giue
yo' Lof a further accompt. I sent yof Lopp all the Affidauits
I Could gett, In pursuance to yof Commands by Morris
& Cobb by whom I Receiued I" to that purpose when I send
Bills of Exchange for the future, I will take Care that Let
ters of Aduise goe with them accordinge to yof Lo™8 directions
I Could not possibly the last Assembly doe any thinge in
order to yof Lopp" Command about those prefuditiall provisoes
in tlie Act for Support. Wee satt not Long, and the sad news

254

of Dear Sister Blackstons Death Comeing then to my hand,
Made mee prorouge them till next October, Against which
time I hope wee may haue further Commands. And the
Company of Sf William Talbot, yo' Lopf_s Ordinance will
neuer pass, And therefore to moue itt to the Assembly, will I
fear, prejudice our other business, there is nothing more in
this Letter which I need giue answf to because itt Refers to
others Receiued after. Yof Lop? next Letter is that of the
29° July by Miles Cooke which makes Mention of my Sisters
Sickness, And the great Afflictions yof Lo™ was in att that
time, 1 am glad the Box of Lrs by Cap? Tully Came safe to
yof Lo?p And that yof Lopp is pleased to Signify you are sen
sible of my Care and Dilligence in yof Business here, My
Lord itt is the greatest Comfort I haue, when yof Lopp
Roceiiics Satisfaction in my poore Endeauours, which 1 know
are butt Dutyes in mee, 1 shall neuer bee slacke in the Exe-
cutinge those Commands yor Lo™ shall Impose vpon mee, nor
bee wantinge in my Duty to yo' Lo?p at any time I hope ; I
most humbly Returne yof Lordshipp thanks, for yo' fauoura-
ble answer to the humble Request and propossition I made to
yof Lo?p in my owne behalfe And. shall most willingly performe
to the Chancellor Couzin Calvert and the Rest of the Couneill,
As yo' Lop? Requires. And alsoe make sufficient provission
for the Magazin. If yof Lopps Rents will doe the Latter,
It is as much as I hope from them as they are now Curtailed;
Sr W?1 Talbot (in Case hee Returns to his place againe) will
(I am Confident) bee very well Satisfyed with the perqnisitts
thereof, And will not stand In need of any other Supply,
yof Lop? haueinge Confirmed to him those fees Which the
Chancellor (whilst I was in England) Enjoyed ; I doe Intend
to send yof Lo?p an accompt of the full proffitts of his place,
Receiued by mee as his Atturney, that itt may appear to

255
yor Lopp whether itt bee Worth his Acceptance or not ; The
Commission and Instructions for Baker Brooke Mentioned in
this Letter, are Come, as I shall here after Signifye, I haue
accordinge to yof Lo™8 Commands herein Reserued all the
London vesseUs dues for you, And doe not Intend to make
vse of any of them my selfe, Butt to take my Dues from
others, whose bills may not bee soe Convenient for yof Lo™.
By my Accompt which 1 shall send in Cap'. Conaway and
Groome, It will appear to yof Lo™ that I haue been Carefull
of yof Commands & Instructions herein, I will alsoe Returne
yo' Lopp accompt of all the ffines forfeitures and Escheated
Lands that I know of I hope yor Lopp. will thinke fitt, to send
nice or some other a power about tlie Sales of Escheated hinds
by the first opertunities And I shall by Conaway & Groome
send yo'. Lopp a List of such Tracts (As I am Informed of)
And, the Quantity Quality, full valew, & worth of Euery one
of them, I will take Care that the patents for Lands bee
drawne as formerly, Notwithstanding our late provisoc in
that Act for Support, And when yof Lop? does send mee any
power & Commission for the Sellinge any of those Escheated
Lands (I shall giue accompt of by this Shippinge) Care shall
bee taken that 460 bee Reserued for Euery hundred Acres, I
am sorry to vnderstand by this Letter that yof Lopl8 Difference
with his Highness is not yett at an End, Wee here Suppose
the Reason of itt may bee, that the Duke Inteiuls to make an
Exchange with Cartwright and to Lett him haue Delaware and
tlie dependencyes thereon, for tliat part of tlie Bay Granted to
the said Cartwright, And Coll? Louelace, Being lately Come to
Ddaway (as I Mentioned before) It is beleeued hee is now
Come to giue Cartwright possession, Butt itt may bee the delay
proceeds from Nicholls, for the Reasons sett downe by yor
Lopp In the meane time I wiU doe my vttmost to gett yof Lo™"

256

Right owned, by some from our parts. I haue satisfyed my
vncle (touchinge yo'. Lopp' fauour to him) by deliuering vp his
Bill for £130 Sterling, and am very well Content to take itt as
yo'. LolU doth Signify I shall, humbly Returning yo' Lo™ thankes
I am glad Tully paid yo' Lo?" his Bill for £12.. 88 sterling,
I was almost afraide of him here, but that I Could not find
another Chapman for the Tobaccoes Little Cis presents his
humble Duty to yo' LoH and is glad his Letter Came safe, hee
Intends yo' Lo™ an other by the last Shipp, hee would
willingly Carry one himselfe, for hee often Inquires when
ffather & mother will goe to Lord againe Cap'. Miles Cooke is
discharged from his Last Business dependinge in our Court
about his Vessell, And I ordered him to Aquaint yo' Lo™
with itt, As done by yof Lop?8 Commands to mee, I Rece'd
yof Lopps of the 30th of July in fauour of Mr Houghton And
tlie Noatc of perticulars of what is due to her, The w6h I will
not faile to send by Cap? Conaway, And Consigne itt to her,
with Directions to Cap? Conaway to Enquire of Mf Burke
where to find her, for I will Shipp the Tobaccoes on bord his
Shipp for her viz'; £12000 Tob?) yof Lordshipps ofthe first of
August was writt all by yof Lo™8 owne hand And Mentions
the Commission & Instructions for the Surveyor Generall,
And a bond to bee signed by him before the deliuery of the
said Commission, which I obserued as yof Lo™8 directed And
shall send the Bond herewith for Mf John Langford's Truly
as yett hee hath gott Little, And if hee pay ten pound this
yeare, hee has only a Commission for itt, hee will take Care
that tlie Moneyes shall bee sent, And Mf Pladwells fee of
208°, 1 Receiued herewith M' Langhorns obseruattions vpon
our Journalls And Acts, which I will make vse of hereafter,
I shall take noe notice of what yof Lo™ writes touchinge
Mf Langhornes opinion of the ppetuity of that Act, But will

257
Endeauour to gett that Act for Quietting possessions. As itt
is now drawne, to bee past In Leiue of the other, And if I
Cannot gett those pernitious provisoes strucke out of the Act
for Support, I will see what Can bee effected, by proposeinqe this
other Act of a Generall pardon, what yof Lo™ writes in this
Letter touchinge the Third Act sent herewith, is Contradicted
I thinke by an other Letter which I shall Come to by & by 
I inserted Dates to my Cousin Brookes Bond to John Lang
ford And haue Acquainted M' Warren and Mf ffoster of
Mf Symons Death & Mf Grayes Succeedinge him, And that
they may hope for a Supply of theirs — yof Lo™8 of the 21°
August makes mention of Sf W? Talbots Ariuall And of the
good accompt hee giues of Maryland & friends here I pray
god hee likes the Country and Intertainement soe well, As to
Returne to vs againe, I hope there is noe great Danger that
his vncle Dicke will hinder itt, Since itt seemes hee talkes of
being an Instrument to perswade him backe, I shall make itt
appear by an Accompt yof LoP! shall haue herewith that the
Secretaries place is worth vpwards of ffour hundred pounds a
year. It is possible when Tobaccoes is Low soe much is not
to bee gotten, Butt alloweinge a peny pd for Tobacco which
wee hope to haue againe, the profitts and perquissits of that
place will amount to near what I haue writt ; I will Cause
Cap* John Tully to make satisfaction for tlie 3 hh? of Tobac
coes which hee fell short of to yof Lopp I am Certaine hee or
the husband of the Shipp Dandy hath Cheated yo' L"™ of
them, ffor the Sherrifes accompt makes itt out Seauenteen
hogsheads, And itt will bee made out by Seuerall Oathes that
Tullyes Matf Receiued soe many by ordf I humbly begg
yof LoPP.8 pardon for not sendinge that Bill of Mine for
£6.. 18.. 10d Which I sett downe in that short Accompt
I sent by Sf William, The which I thought I had drawne &
33

258
Sent, I find Mf Burke has brought soe much to my accompt,
And paid itt to yo' LoPP hereafter I will bee more Carefull and
not disapoint yof Lopp, I find that yo' Lo?p was forced to
vndertake that I should allow of the money's taken out
of Mr Hintons hands, for the Buyinge those nessesaries I sent
for. I Confess itt was a Mistake in mee for I look't vpon
that money of mine in Hintons hands to bee in Mf Ar
thurs hands because hee has Hintons Bond to mee for itt,
Butt I should haue been more Cleere in itt, which here
after I will bee punetuall in, humbly giueing yof Lop2
Thankes for the trouble itt gaue yo? I shall obserue your
Lo™3 Commands about forfeited & Escheated Lands, And
my Mannor at the Ridge, I am now Come to that place
w°.b Contradickes yof Lo™8 former Commands touchinge the
Act for Quakers, Which I will obserue I haue seen Mf
Bennett Hoskins Speciali grant for 2000 Acres, and It is
Recorded, yof Lo™8 Directions touchinge such grants shall
bee Carefully obserued for the future, I am now Come to
yo' Lordships of the 23°. Aug' which T find is in fauour
of M'" Anne ffbulke I wish I were able to giue your LoPE
such a Satisfactory account in this Business and of her De
mands and pretentions to those Lauds betwixt her former
Husband Chand' & oversee, as is required ; If I may Guesse at
what shee would pretend to and haue, by what I haue heard
from her owne Mouth, It is without doubt all that Moyety
which was oversees, and by his Death Escheated to yof LoP?
And neuer in her former husbands possession nor in hers, I
euer tould her that yof Lordshipp would shew her fauour As
to that Moyety which shee posseses of the 2000 Acres (which
In truth is as much Escheated as the other) In case shee would
petition for itt, But as yett shee Is too proud to stoope to such
a request Conceiueinge as I suppose the whole 2000 acres to

259
bee hers & her Childrens propper Right, If I knew who to
goe to, besids Mrs ffoukes (who Cannott speake three words of
sence for her passion which this Business putts her into)
I would giue a better accompt, I am Certaine nothinge will
Satisfye her butt the whole 2000 Acres, But I hope yor Lopp
will neuer thinke fitt to Comply with her in soe vnreasonable
a Demand, Shee hath sufficiently bespattered mee and the
whole Gouernment as If I had Studied her Ruine, Because 1
ventured to make a promise of the other Moyety of the 2000
Acres to one M' Rozer, High Sherrife of Charles County, who
Hues and hath built vpon itt, hee being willing to buy the Re
version of itt, after the Lease is out for one & Twenty years,
which was granted of itt to Mf8 Oversee in Leiu of her Thirds
to S? Johns, when I came first into Maryland, which I was
forced to doe otherwise I Could not haue had S? Johns to my
selfe but of this I will write to yof LoE? further when I send
an accompt of the other Escheated Lands. This in short I
Can Certainely Informe yof LoPE that Mf8 ffoukes is in posses
sion and has all along Enjoyed one Moyty, which (I hope)
shee must vnderstand is by yof LoPE8 fauour, though shee will
neuer owne itt as such, The other Moyety was neuer In her
possession nor in her husbands, Butt Euer was in the pos
sesion of Ouersee, And therefore a Lease thereof was made to
Mf Alderton now husband to Oversees widdow, by him
Assigned over to one Edmund Linsey, and by Edmund Lin-
sey to the aboue Mentioned Mf Rozer, To whom I haue
promised to procure a grant of the Reversion, As I shall
hereafter giue an Accompt, I will Endeavour to gett those
papers for yof LoPE If any such are Extant any where,
to Cleere this Matter Better, I Receiued from M™ Roads
yof LoPE8 Letters of the 30°. August and all the things sent in
that shipp I deliuered Mf Nottly those writtinges, which

260

Came wtb this Letter, with which hee is much satisfyed and
very proud of yof Lordships beinge pleased w'.b his accompts
And the fauour shewen him in all the Lands hee purchased
from Mf George Tompson, I suppose hee will signifye as
much by a Letter to yof LoP? this Shippinge, hee did Aquaint
mee with his Intention to Request this of yof LoPE, Butt
Sr William Talbott vndertooke to procure the fauour for him
soe that I thought itt vnnessesary for me to trouble yof Lo™
w'b it. I am sorry I Cannott affirme to yof LoPE that I euer
had any hopes of our Tin Oare here, for although Cap? Perry
declared by word of Mouth to nice, As much as any one Man
Could doe for the Satisfaction of another, and shewed mee his
Letter to yof LoPE, which Confirmed as much, yett had not I
faith to beleeue a word, Only out of Ciuillity to Cap? Perry
seemed Satisfyed, Butt my fancy is that Both Cap? Perry and
the Chancellor were soe Transported w'h the designs and
hopes of itt, that the meere force of their Imagination Led
them to beeleiue they had found Mettle where neuer any was
to bee Expected, for to this hower they Could neuer Extract
any more mettle out of such Oare w°.b now makes mee Con
clude w?b yof LoPE that it was butt a Cheat in the fellow that
first putt them vpon itt, Doctor Wharton has taken notice
that yof LoP? honnoured him with a Ire this Shippinge, And
intends to returne thankes hee has not yett gott a Seate
of Land of his owne, Butt makes vse of a peice of Land hee
farmes of Mf George Tompson, hee has past his Seasoninge
(As wee phrase itt) very well, And I hope will Incourage
some of his freinds and Acquantance to Come from Barbados
hither— I find that yof LoP? hath been Informed by
Sf W?1 Talbott that hee sould Tobaccoes at 1080 the
hund' when I gaue yo' LoPE accompt butt of a peny p
pound, for yof Rents, hee had done well if hee had tould

261
yo' LoPE the whole As hee did in part, It is true hee sould
to Cap' Dauiell Ienifer some Tobaccoes to freight a Brig-
antine, designed then on a Voyadge to Barbados, at ten
shillinges the hundred, Butt the moneyes were not to bee
paid till this Shippinge for I sent him home the Bills this
yeare, And I question whether Barnaby Dunch will pay
those Bills of Ienifers, Sf William Talbot forgott to tell
yof LoPE that hee sould Tobaccoes to Cap' William Burgess
for a peny p pound and was glad hee Could gett soe much,
And would haue sould all his fees soe to my Knowledge, The
Chancellor is Satisfyed with yof Lo??8 Commands about his
ffees, And will not for the future (I presume) demand any
other fee then that of the Greate Scale allowed by yof LoPE our
Assembly is still prorouged, And as long as 1 find them
psons soe well tempered and disposed, I shall not Change
for new faces, The Business of the Easterne shore goes well
on, only the psons which owne this Gouernment are a little
disturbed by the other party, Butt I will Incourage them and
others to Seat downe, And Assure them that they shall bee
protected by* this Gouernment, Thomas Joanes, whom yo'
LoPE mentions in this Letter, is Ariucd Lately, And Aquaints
mee of yo' Lordships fauourable Expressions to him, Butt I
Cannot find hee is like to bee soe Serviceable to yo' LoPE as
hee might make him selfe appeare, hee seemes to desire
a Commission to Trade with the Hore Keele Indians only,
Butt I refused him that, vnless heewould farme the whole
Trade, for should I grant him a Lycence to trade and deale
with those Indians itt would bee in effect to trade with all the
Indians in the Bay As yett wee are nott agreed ; Care shall
bee taken that the oath of fidelity bee tendered to such
as seate for the future on the Seabord side, I am sorry
to vnderstand my freind Mf ffortescue was soe Bad, I hope As

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yof LoPE writes I shall by my Returnes this yeare make
yof LoPE amends for the small and Inconsiderable Sume sent
last Shippinge Cis is glad his Lre Came safe and humbly
thankes yof LoPE for the fine token, Avhich yof LoPE writes you
thought not to haue sent this yeare, This last summer I
Caused two of yof Mannors to bee laid out, W?b some Addi
tion, A worke which Mf White thought hee had done, Butt I
found itt soe ill done, That I Caused Resurvey's to bee made,
and lines in some parts to bee Altered, which is now Recorded
as yof LoPE8 Commandt mee, And shall see alsoe that Copy of
the Records of them bee sent as yof LoPE desires, I haue vsed
all Meanes possible And wayes to procure some Elkes & deere
for yof LoPE I haue sent seuerall times to Jacob Younge
about itt, Who I am Certaine would as willingly gett them
as yor LoPE desires, because hee hath a great desire to gett his
patent which is defferred till hee Comply with yof Lo™8 direc
tions herein If any pson in Maryland Can procure them It
must bee this pson or none, Wee haue had such an open Win
ter that all our Bird Catchers haue failed, not soe much as a
Red bird hath been Caught by any that I Can hear of, I haue
oft spoken to my Cousin William Calvert about itt and to my
Cousin Darnell and others, And they all assure mee that noe
Birds are to bee had, for my owne part I seldome meete wth
any my selfe, Butt I haue not neglected to speake to Euery
one th' I Conceiue might procure these things, had Sf Wf
been heere hee would not haue found itt soe Easy a matter, as
hee has affirmed itt to yo' Lopp, Those hawkes which I sent
yof Lordshipp last Shippinge were paid for mee, And if more
Could bee gott now I would willingly giue any Rates for
them, or any the other Rarities yof Lordship desires. My
Brother Vincent Low Returnes yo' LoPE many humble
thankes ffof the notice yof LoPE is pleased to take of him, I

263
hope hee will deserue the Continuance of yo* Lo?8 Counte
nance & fauour to him I haue Acquainted M' James Tomp
son that yor LoPE Requires him to make Inspection into the
Mannors, which hee will doe, and giue accompt from time to
time of any thinge which may bee done to yof Lord??8 preju
dice. 1 shall take very great Care that pottomeokc Riuer bee
owned (as itt is) part and belonginge to this prouince I am
afrait itt will bee a very hard Matter to find such Casque here
as shall preserue Syder good to England, for wee want good
Coopers and such as are knoweinge in the Seasoninge of Casque
for such purposes. The Chancellors Cider is pretty good
Butt I am of Opinion the best Syder in the Country will
doe vs noe Creditt in England, Could wee soc order
itt as to preserue itt thither By Cap? Benj* Cooper with
whom this goes, I shall send yof Lo™ a good hogshead of
Sweete sented Tobacco, which I intend to prsent to yof LoPE
It Comes from Jarboes plantation, from whence the last Came
yof LoPE had when I was in England, My wife has this yeare
sent yof Lordship some dryed peaches, And would haue sent
a greater number had shee had Conveniencies for doeinge
More, Cheeses worth presentinge to yof Lo™ are not to bee
had. M'8 Spry (who made that yo' LoP? tasted when I was
in England) hath not any good Enough as slice thinkes, And
slice will not Loose that Reputation slice hath already Gott,
And vnless shee furnishes mee, noe other housewife in Mary-
laud Can I am Certaine, for the Cheeses Generally made here
are soe Ranke and soe full of Eyes, that yof LoEE would bee
angry with mee should I send such, I am sorry my Cos.
Lukner thinkes not of Marryinge yett, because that Match
would haue Brought a great deale of Honnour besids the
Aduantages of a PlentifuU fortune, I tlianke yof Lordship
for Causeinge Mf Pladwell to deliuer Copys of the Bonds for

264

1669 & 1670 to the farmers, I shall not faile of sendinge
Copyes Euery yeare as the Act Requires, yof LoEP signifyes
that the business betwixt his Royall Highness & yof LoEE is
not yett determined which I am sorry for, I hope to heare
news of yof Lordshipps good success in itt by the next
Shippinge, Major ffitzherberts Brother who Maryed the
Indian Brent, has Ciuilly parted with her And (as I
suppose) will neuer Care to bed with her more, soe that
yof LoP? needs not to fear any ill Consequence from that
Match, butt what has already happened to the poore Man who
vnaduisedly threw himselfe away vpon her in hopes of a great
portion, which now is Come to Little, I shall doe my En
deauour to pswadc people to Seate vp the Bay to the North
ward of Thirty nine Degrees and a halfe vpon those tearmes
yof Lordship does order mee, Butt I fear none will goe
as yett, for T find a greater Inclination in most yong Men to
seat on the Sea Bord side, And many Discourse of the South
ward plantations I pray God a Considerable number of our
people doe not Remoue thither, Seruants are Attemptinge in
many places to make their Escapes thither, But wee doe all
wee Can to prevent these Mischeifes, If I can send yof Lord-
shipp any other affidauites besides that which yof Lordshipp
hath of Van Swerring I will gett and send them by this Ship
pinge, M' Nottly is now Speaker of of Assembly, hee and
Mf John Moorecroft beinge Chossen Burgesses for the Citty of
St. Maries, And by that Meanes I gott him into the Assem
bly, Though Doctor Wharton bee a good vnderstandinge Man
yett Df Morecroft is much more for our purpose, being the
best Lawyer in the Country, and has alwayes been (vpon
other Assemblyes) A great Asserter of yof LoPE8 Char
ter and the Rights & privilidges thereof, I durst not
putt itt to an Election in the Countyes Butt tooke this

265
way which I Knew would Certainely doe what I desired
And now I haue gott Mf Nottly into the Chaire, I haue
Assured him, That with yof Lordships Leaue, I am Re-
solued to Keepe him there as longe as hee and I Hue
together, It is most Certaine that some of the Catholiques in
the Assembly, Did not behaue themselues as was Expected,
hereafter they will I hope Endeauour to vnderstand themselues
Better And their owne Interrest, I will doe my Endeauours
to gett the Act for Liquers past, this next Meetinge if I Can —
My Reason for dislikinge the Act for forraign Coynes which
I writ to yof Lordshipp about, is that the Assembly did not
make those Coynes soc Currant as that people should Receiue
them att their seuerall Rates specifyed in that Act, And itt
happens, as I feared itt would, that many will not Deale att
all for those Coynes vnless they may Goe for the old and
former valew, which is Accordinge to the weight of the Silver,
It is an Idle Act and may bee throwne out of doores, I am
glad the business of the Shipp Wf" of Douer has Giuen
yof Lordship noe trouble, I hear that the Ship Armed and the
Master in prisson if soe yof Lo™ will heare nothinge of itt,
Truly my Lord I Couctt noe mans goods, nor Vessell And
doe not desire to grow Rich by such Courses, which Caused
me to Encline Sf Talbot to that Guift, And itt happened to
bee done att S? Maries, the Assembly then sittinge, who
thought itt a very noble Act And wrought much vpon them
to our good I hope. I once more humbly Returne yof Lord
shipp many thankes for takeinge notice of the Allowance
Granted mee by yof Lo™ 29?. July which I haue afore answered,
I hope I shall bee able to Hue out of itt, Butt I must Resolue
to bee a Better husband then formerly, Though I will not saue
itt, where my owne Creditt or yo1 Lordships is Concerned, I
am much oblidged to Sf W? Talbot for the Good Character
34

266

hee has giuen of our liueinge My Resolution is to doe all I
Can Twards a plentifull Table for the Land I find will yeild
vs any thinge, If our Endeauours are nott wantinge — I haue
Receiued all the Duplicats and Letters Mentioned to haue
been sent wth this Letter, yof Lordshipps of the 4* of 7ber
Mentions that I must send a pticular accompt of the seuerall
Lands Escheated to yof Lordshipp afore that I shall haue any
power for the Sale of them, which I shall according to Direction
send yof LoP? by Conaway or Tully, I hope my Couz. Baker
Brooke will doe in this perticular what yof Lordshipp Requires
from him, Orders shall bee giuen to the Sherrifes as yof Lord
shipp Commands, Butt first an Inquissition must bee had,
And a Jury of Twelue men must bee satisfyed and make
Return afore any order Can bee giuen to Seize on the Lands,
I shall in the Meane time giue yof Lordshipp an Accompt of
the quantity of Acres & quality of the Land. As yett I
haue done nothinge in Gerrards business which Sf W? Tal
bot Informed yof Lordshipp of, neither doe I know Certainely
whether itt will bee worth my trouble, what I then Intended
was vpon the Report of his neighborhood who I fear will
proue butt ill guessers ; Accordinge to yof Lordships Com
mands I haue gott the Mannor at the Ridg wholly to my selfe,
and doe Intend to keepe itt Intire for the future. I haue
taken notice of Mf Whites Rent paid yof Lordship in Eng
land, the Warrant of the 26th Nouember in fauour of My
Aunt Peaseley as yett has done her noe Service, haueing not
been able to dispose of any of those Lands which that Warrant
Impowered mee to sell for her, And now yof Lo™ will not
haue mee to pursue those Commands till you haue accompt of
the Quantity Qualityes &c. which I shall as well as I can
Informe yof Lordship in ; As alsoe what any one shall offer
for these or the other Escheats lands, Mf Truman as yett has

267
not stirred in that business which Mf White Acquainted
yof Lordshipp w'b If I hear any thing from him about itt I
will doe my best to secure Mf Whites Right and my owne
yof Lordship ofthe 16° 7ber Signifyes that yof LoPE Intended
to haue sent seuerall things by Cap? Connaway, But they had
the Good Lucke not bee putt on Bord afore that Accident
happened to his Shipp, which I was very glad to vnderstand,
And humbly thanke yof LoPE both for the thinges and the
trouble yof Lordshipp gaue yo'selfe in the sendinge of them,
they all Came safe to mee, w'b Mf Roads in the Baltemore,
In yof Lordshipps the 18* 7ber is Mentioned Mf Nottlyes
papers about his Lands which I have already Signifyed to bee
deliuered him, the Warrant for Bartholomew Coats does not
answf his request Sf W? Talbott haueinge mistooke his Mes-
sadge in her behalfe, of this I shall write further when
I send accompt of the Escheated Lands, Rob? Hawkins is
Come and has full possession giuen him of all that is left of that
Estate of his Brother Johns lately Murdered, I reced herewith
a Copy of Langfords Bond the originall being Signed, the which
I will send with this packett, Mf Rob? Harper Nephew to
Sf Thomas Strickland has not been wth mee when I see him
yof Lordshipps Commands shall bee obeyed ; another Ire of
the 18?. 7ber in fauour of Mf Thomas Weiburne whom I haue
treated with all Ciuilly and promist him all fauour 1 can
shew him, I Receiued a letter from the Lord Viscount ffaul-
con urge in his behalfe, to which I returned answf p Mf Wei
burne yof LoPE8 of the 22? 7 her Came w'h the thinges wcb
yof LoPE8 by yof Ire 30?b Aug? Signifyed that you should not
send this Shippinge Euery thinge Came safe and well to my
hands, And by yof LoPE8 Directions I soone Came to the
Knowledg of all the fine Contriuances of the Cabinett. My
wife has by a Letter to yof Lordshipp sent her humble thankes

268

which now againe shee humbly desires may bee p'sented,
Alsoe little Cis p'sents yof LoPE with his thankes for the Capp
feather Sword & Belt all which hee found as yof Lordship
Signifyed. I Reced herewith the Copy of a noate yof Lordshipp
gaue to Mf Arthur about my moneyes, which was taken out
of Hintons hands for the Buyinge those nessesaryes I sent for
I shall herewith send to Mf Arthur that I allow of what has
been done therein, and Cleere yof Lordship from that trouble
I Reced from Mf Burke an accompt of Euery thinge to my
Satisfaction, Care shall bee taken that noe patents for the
future shall bee Recorded afore they haue pasted the Great
Seale, If any such abuses have been Committed att any time
in the Secretaries office, The pson who Informed yof Lordshipp
Cheifly Occationed itt, by his beinge too Curious in the
Receiucinge his ffees, yof Lordshipps Command to him now
will Remoue that occation, And for what is past I will take
Care shall bee Rectifyed and see the like bee not done for the
future. I humbly once more Returne yof Lordshipp thankes
for the Excellent token I Receiued which I haue soe much
valewed, that vnless itt bee vpon very great dayes & In
Comp? with the best persons these parts afford, I doe not pre
sume to bringe out a Bottle, Both sorts being Exceedinge
Good in their Kind, I am sorry I haue not Syder to fill the
Bottles with worth sendinge, otherwise 1 should willingly
obey yof Lordshipps Commands and bee very proud to send
itt, I haue already assured yof Lordshipp that my Endeauours
haue not been wantinge to Solicite all persons any way likely
to procure those Rarities sent for and specifyed in a noate sent
mee in this Letter, And I am disapointed by all in Euery
thinge desired, which is an Accompt I most vnwillingly
return Could I speed in my desires herein, I find Capt
Cooper to bee Commandf of the Elias, And to carry yof Lord-

269
shipps flagge in the foretopp hee is a Ciuill pson and I doubt
not butt will deserue the honnour hee has Receiued, haueinge
notice by this Letter that Capt John Dunsh was by Commis
sion yof LoPE8 Admirall I saluted him att his Ariuall by that
Title, Butt afterwards vnderstood by Mf Roads that the Com
mission for some Reasons best Knowne to M' Burke was not
deliuered him though Caryed downe to Graues End, I hope
yof LoPE will Cause itt to bee deliuered him, for hee has been
very Ciuill to mee this yeare, though I vnderstand that
Mf Burke thought hee vsed mee not well in the freight of
some Goods I haue forgiuen that vnkindness by Reason hee
has made mee amends by his Ciuillityes since hee last Came
into Maryland 1 haue bceu very Carefull of Sf W? Talbots
Concernes and hope hee will haue Reason to thinke soe when
I send him his Accompt, Mf Saunders who Came with
Mf Roads appears to bee a very well behaued bred pson as
yof LoPE writes, And therefore I Receiued her vnder my Roofe
where I presume shee will Remaine for one year, & I hope
shee will thinke fitt to dispose of herselfe by way of Mar-
ryadge afore that time bee Expired, I will not faile lo Cause
a Copy of yof Lordships last Commission to mee for the Gou-
erment to bee Carefully written Examined and sent herewith
accordinge to yof LoPE8 Command, yof Lo™8 of the 24° Sep
tember brought mee the sad news of my Sister Blackstones
death which has been a great Affliction to mee euer since, I
hope shee is happy our prayers shall not bee wantinge, It is a
great Comfort to mee that shee was soe well prepared and Re
signed as I vnderstand shee was, I Caused all the Good Men
here to say Masses for her soule, Yo' Lo™8 of the 23°. 8P1'
Came w"1 Cap? Wheatley with seuerall other Duplicates and
mentions the sad news of my Sisters death which I reced in
the foregoeinge of the 24.. 7ber 1 find by this Letter of

270

yof LoPE8 there has been a hundred pounds of my moneyes
taken out of Mf Hintons hands for which yof LoEE has vnder-
taken I shall Allow of itt. I will not omitt to Cleere
yof Lordshipp from yof Engagements herein by sending a Ire
to that purpose herewith, As I haue in a Ire to Mf Arthur
Mready, there is nothinge Else in this Letter to bee answered
but what I haue already Signifyed to yof LoPE in this answf to
the foregoeinge With yof Lo™8 of the 18?. 9ber I Reced a Copy
of the ffees I allowed the Chancellar whilst I was in England
as alsoe a Copy of a Bill Costs in Chancery, with a Letter
from Mf Langhorne touchinge the Settlement of such ffees, As
yof Lordshipp thinkes fitt to allow of for the future, The
Chancellor did not acquaint mee with his Intentions of send-
inge that Bill of Costs in Chancery, which I find hee sent
yof Lordshippe It was his owne propper business which hee
desired to bee Satisfyed in from yof LoPE of Resolution now is
to take this Settlement for the future if wee Can butt vnder
stand it. I reced with yof LoPE8 Ire ofthe 19° 9ber a Copy of
a Ire from the Lords Commissioners of his Ma'!6.8 Treasury
which I haue Carefully perused and will not faile to performe
what therein is required, I am glad to vnderstand from
yof LoEE th? Tobaccoes was Risen in price, butt I feare that
will not hold Longe for wee are like to send home great
Quantities this Shippinge. In the postscript of this Letter
yof Lordship orders mee to obserue what the Lords Commis
sioners requires touching the Caryeinge all Tobaccoes to
England onely but in another Letter from yof LoPE which I
am not yett Come to I am Commanded to take noe notice of
their Directions in that point, butt to Lett the Bonds Run as
formerly for Ireland accordinge to the Acts of Parliament, I
will not omitt to write to my Aunt Sumersett & AVeld by the
Last Shipp. By yof LoPE8 of the 29? 9ber I find those

271
Commands of yof LoPE that I shall not take notice of th' part
of the Lords Commiss™ lfe, Which requires that noe Master
shall bee permitted to Transport Tobaccoes for Ireland, which
is I find Contrary to the Act, I shall obserue the Act in those
Cases, vnless I receiue orders from yof LoPE to the Contrary •
I reced with this Letter of yof LoPE8 an Aquittance to
Mf Henry Meese for Coll. Edward Carter for four pounds ten
Shillinges. And I will Accordinge to yo' Lordships Command
satisfye what Rent is due, And whether the Land bee
Escheated or not I haue not as yett seen Mf Wf Collingwood
whom yof LoPE makes Mention of, when he Comes to mee I
will shew him all Lawfull fauour I Can, I will speake to the
London Masters about Caryeinge yof LoEE one hundred bil-
letts a peice and Endeauour to gett them to doe yo' LoEE that
kindness if possibly I can, I doe Intend to send yof LoPE p
Cap? Conaway as much Planke of Blacke Wallnutt as will
make a Shouell Board Table, 30 foot Longe with stuffe of the
same wood for a frame which I shall present yof LoEE with,
This Ire I Reced by Cap? John Body ; yof Lordshipps of the
7'.h December brought mee -Hugh Stansly Will About wcb bus
iness I haue discoursed with fl'ranke Swanton, who I find is
very willinge & Ready to giue an Accompt of his Adminis
tration, hee desires to bee a Tenant till the Children Come of
Age, and giue his Accompt yearly and to haue discharges
yearly that hee may not haue a Longe Accompt to giue when
the Children shall Receiue their Estates from him, My
Cousin Baker Brooke who in the behalfe of the Mother and
Children is Attorney in this Business, gaue mee this Letter,
when the Rent is Ascertained I suppose Swanton will giue
such security as will bee allowed of, And I will take Care to
see the Children haue noe wronge done them, As for the Land
of Stanleyes on the Easterne Shore I will Inquire into them

272
& giue yof LoEE an Accompt thereof, yof LoEE8 of 16? Xberis
in fauour of Sf W? Talbot and his affaires here, of which I
hope to Render a very Good accompt, though I find hee has
not that Confidence in mee (as my Actions (which hereafter
will apear) will deserue I doubt not, I am sure I haue done
better for him then hee Could haue done for himselfe, Had
hee been here to haue Acted his owne Business, for I haue
Collected most of his fees and perquissits of his office (of
which I shall giue a speedy accompt) yof Lordshipp putts mee
in Mind in yof Letter of the 22?. December of takeinge Good
Security for the payment of the Bills wob I shall send home to
yof LoEE which I haue hitherto Carefully obserued, I am very
Glad that Augustines Mapp is like to bee printed and that
yof LoPE has gott some Moneyes Towards itt I will see the
names of all yof Lordshipps Mannors Inserted as you direct
mee, And send them by Cap? Groome or Conaway I am now
buildinge vpon yof LordPE8 Mannor of Sachay where I Re
solve to Hue in the Summer time, Itt is a very good part of
the Country for health, And much Cleered for husbandry the
which I am now vpon, It is thought there is at least fiue
hundf Acres of Cleere Ground. My Resolution is to build a
bricke house for little Cis the next yeare, This that I am now
about is to Receiue my family for the p'sent I Chose this
Manno' to begin vpon, because yof LoEE has two Mannors to
gether Sachaye & pangey, yof LoEE desire to bee satisfyed
touching the Groath & Size of our English Graine, our wheat
is a smaller graine then that in England, but wee Concciue the
Reason of that may bee that wee sow not in propper ground
nor at proper Seasons of the yeare, I had sent mee by
Mf Burke a hhd of white flaxen wheate, which I haue sowed,
And when that Comes vp I will lett yof LoEE Know whether
our ground produces as large as the seed was when I sowed itt,

273
Our Oates Barley & Pease are as large as those sorts of
Graine in England. Butt till this yeare that I had good seed
out of England I neuer mett with any Good wheate soe that
I cannot soe well Judg and giue yof LoPE that good Accompt
of itt, As hereafter I hope to doe, I Reced Augustins Mapp
and shall obserue yo' Lordsh™8 Command about Inserting
what you haue directed and send itt by the last Shipp, I wish
I were able to buy some of Sf Paule painters negroes at Bar
bados and Could gett them hither when paid for, Butt 1 must
not aim at such a purchase vntill I haue gott some Debts
paid, And that I haue some money afore hand, I should bee
Glad his Hiness the Duke of York would jiart with his In-
terrest at New Yorke as yf Lop writes I thinke it has hith
erto been a Charge and burden to him, And a help only to
Raise some Indigent officers, Louelace has got Considerably
since hee Commanded there, yof LoPE8 of the 23?. Xber was
deliuered mee by Mf Thomas Massey with whom Came his
Companion Mf Henry Carew, the latter Came very ill to my
house and for some dayes wee thought him in great danger,
butt now hee is well Recouered and settled wth the Chancellor,
M' Massey being w'h mee as yof LoPE Comanded there shall
bee nothinge wantinge on my part to Incourage them, their
Entertainement shall bee as good as the Country affords,
And I doubt not but yof Lo™ and their Superior will Receiue
a good Accompt from them they both are pleased to say they
are well satisfyed with their beinges, I hope there will bee
a good Correspondence betwixt them and the others for I
find them very freindly & well pleased together, Mf Massey
seemes to bee a very good prudent & descreet pson, And
I hope I shall haue a good Companion of him, I haue
provided him of a good horse to his Satisfaction, And will
allow him ten pounds and more if I find him able, I am sorry
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274

to vnderstand by yo' Lo™8 of the 26° September that Sr Wm
Talbot giues you Cause to fear hee will not bee soe kind to his
mother as hee ought I hope yett hee will appear better
natured and bee more dutifull then to see her want, hee
seemed here to haue a great Kindness for his mother my
Aunt, and sense of her Bad Condition. Yo' LoPE Commands
mee to secure the Shipp money and to send Bills home for
those fees to yof Lordshipp to Keepe that in case Sf Wf per
forme not what hee ought to his mother, yof LoPE will bestow
those fees vpon my Aunt to Releiue her, which I shold bee
willinge to doe, but most of the Shipp fees are paid in Tobac
coes and a very small matter paid in Moneyes only head
money for passengers which possibly may Amount vnto £25..
or £30.. Sterlinge, now I had afore yof LoPE8 lfe Came to
hand Returned that money and more to Sf William by Bills,
soe that vnless I Consign some Tobaccoes of his I know not
which way to Comply with yof Commands herein, And I fear
Tobaccoes will giue yof LoEE too great a trouble and do my
Aunt little Good, I hope Sf WE will giue yof Lordshipp bet
ter Satisfaction at his Return from Ireland I am Come now
to yof Lordshipps of the 16? January by Cap? John Tully,
which bringes mee the 111 news of Warrs w"' holland & the
Greate Stopp vpon the Exchequer. This news putts most of
our Masters & Merchants into some fright & fears least they
bee seized on goeinge home, I shall bee Carefull in yof LoPE
directions about those Bills I send home, I haue hitherto sent
first & second Bills, and shall still doe soe w"' Irs of Aduise I
humbly begg yof Lordships pardon that I did not send those
accompts I Signifyed I would send last yeare the which
I will not omitt to perfect and those of this year with a true
accompt of the fines, forfeiture and Escheats I know of I in
tend to gett my freind Mf Nottly to Assist me in draweinge

275
out my accompt of the. Seuerall years past, all which
yof Lopp shall haue without faile by Conaway and Groome,
I will alsoe Returne yof LoPE an accompt of the Tobaccoes ex
ported as the Lords • Commissioners Requires, And hope
yof Lordship will bee mindfull of a Consideration for my
trouble in their business, I shall bee very Glad to haue my
mothers picture which yof LoEE thinkes to send mee next
yeare. Mf Sam Leadbeater who Came in Tully is ariued,
And is w'.h a Kinsman of his M' Benj. Solly who I suppose
will assist him in any thinge hee Can, As yett hee has not
Spoke to mee, I humbly tlianke yof Lordship for the hhd of
vines, butt old Tully has been soe Crosgrained that before I
could send for them hee sett saile vp the Bay, that I fear the
vines may bee Spoyled afore I gett them out of his vessell,
Butt I haue sent a messenger for the hogshead, And doe in
tend to trouble the Cap? about itt, I vnderstand by this Letter
that Tully does petition yof LoEE for 7 or 800 Acres of land
vp the Bay formerly llattons and by his mistake said to bee
Lewis Stocketts who neuer Enjoyed a foote of itt, I intend to
petition yof Lordshipp for itt myselfe for a very good freind
of mine, And hope yo' Lordship will not dispose of itt
to Tully till my petition Come, I will returne a True accompt
of itt with the other Escheated Lands the younge woman
Anne Rouse yof Lordshipp sent my wife, is ariued and En
tertained by my wife, I hope shee may proue vsefuU, with our
most humble thankes to yof Lordshipp, And I hope I haue
now answered all yof Lordships Letters and Euery perticular
Contained in them which Required answer, humbly begging
yf Lopps Blessing to Yf LoP8 most dutifull &
24th Aprill 1672 Obedient son
Charles Calvert

276

May it please yf Lop.
Since I finisht my answer to yf Lops Ires I happened
to haue some discourse w'h the Chancell' touching Sf W? Tal
bot, and his returning hither, and I find that he is of opinion
that wee shall haue my Cozens Comp* no more, vpon what
grounds I know not, but I hope from no good hand, for I
should bee much disheartened if it should be so, for he was a
greate comfort to me both in respect of his relation & parts,
and truly but that I was confident of his good resolutions in
returning hither to vs, I would neuer haue vnd'taken the
charge & care of his Affaires here the Chancellf moued to me
the sending of a lfe to yf Lop, w°b he said was ready writ to
request the Secref8 place for himselfe, and would haue had me
haue seconded it, but I made him this answer, that I had
greate hopes yf Lo? would prevaile w'b Sf Wf to returne to vs,
and the promisses wob Sf W?1 had made me likewise gaue me
the same hopes, whether he will send this lfe he mention'd I
know not but I gaue him no encouragem? at all, but assured on
the contrary that Sf W? would haue reason to take it vnkindly
from him to beleeue he had changed his resolutions afore wee
had more certainty of it I humbly beg of yf Lo? to send him to
vs for I haue little comfort or satisfaction in the society of any of
the Rest ofthe Councell here ; by Capt Conaway I shall send all
the Rest of my Cosens effects & shall then giue him an accompt
of aboue a hundred thousand pounds of tobacco that by his order
I haue pay'd here & the rest sent him home ; Capt Cooper is now
at my howse and stays for my dispatch, he has entreated me, to
desire of yf Lop. a protection for his ship the next year in case of
Embargo vpon Shipping w°b he feares the warrs may occation
his behauiour & ciuilitys I hope will deserue this fauour from
yf Lo? W.b is my humble request in his behalfe to yf Lo? I am
Yf Lops most Obedient Son
26th Aprill 1672. Charles Calvert

277

No. 16.
GOVERNOR CHARLES CALVERT TO CECILIUS,
LORD BALTIMORE.
[Indorsement.] 2 June 1673
3d Duplicate of my sons Answer
to my Ires sent this last
Shipping for Maryland —
Sent inclosed in my
sons letter dated 2d
August 1673.
May it Please yf Lo?
Yours of the 15th of August by Cap? George Hilson I Re
ceived, which assures me that yof LoPE hath Receiued as well
my Lfes as all the bills of Exchange I sent yof LoEE this last
yeare, which is to me a greate satisfaction, Considering how
Troublesome the times arc ; Sorry I am to hcaro of poore old
Tullyes misfortune, and for Hollinsworth he hath beene since
with me, but of that I shall give yo' LoEE a more full account
hereafter. As for that Caution yof LoEE is pleased to giue me
for my owne security (my house at Matapenny standing so
neare the water) I humbly thanke yof LoEE for yof advice, and
shall Endeavour my owne Security by Removing up to
Zachiah, and also shalbe very Cautious of what shipps I goe
on Board of, but for that yof LoEE writes me about Gookins
ship, and their designe, (wanting only the Concurrence of the
Master) I never heard any thing of it, before now from
yof LoEE.
I am heartily sorry to heare that my Cozen Talbot hath so
behaved himself both towards yof LoEE and his mother, and

278
truly I must Confesse that in this he hath much Deceived me
in my thoughts of him, for I alwayes supposed him to be a
person of that hono' and worth, that unkindnes to a mother,
and ingratitude to a Relacon that had so much oblidged him
as yof LoEE had beene much below the Generosity of his Tem
per. I am glad that Mf Boughton hath Received her To
bacco, and doe wish she had sould it as well as the Rest, for I
tooke all Care imaginable in the Collecting it here, so that I
Dare boldly affirme, that if any Tobacco would ffetch money
hers would. I am glad that yof LoEE Received the Wallnut
Tree plankes and peices of that wood, and the hogshead of
sweete sented Tobacco, as also Cis Two wilde Cat skynas, and
Doe heartily Rejoyce that yof LoEE likes them.
The Duplicate of yof Lo™8 of the 8?E of October sent by
Capt Croscombe I Received, though the originall was lost
(wee understanding since that Croscombe was taken) I have
often spoken to my Cozen Baker Brookes to give yo' LoEE an
account of the Escheated Lands, and shall once more put both
him and James Thompson in ininde of Complyeing with
yof LoPE8 Desires, according to yof former comands to them,
and by the last of these Shipps, I hope they will Retorne
yo' LoEE that account from their owne hands that yof LoEE wilbe
well satisfyed with, but as yet my Lord I must needes confesse
I have had very little account from Either myself, while I
Received this Lf! from yof LoEE I never knew other then that
my Cozen Brookes had sent Mf Langford his 10lb and Charles
Playdell his ffee, I shall speake to him but truly that place
now is become so inconsiderable, that I belecve he will humbly
suplicate yo' LoPE to take off John Langfords 101" p anii for
now their is little worke for a Surveyof in Maryland, but
howsomever for Charles Playdells Fee I will take Effectuall
Care that he sends him that ; when the warrant to Chandler

279
yof LoEE writes of Comes to hand it shalbe Entred upon
Record and a graunt in yo' Lo™8 name passed according as
yof LoEE hath therein Directed.
Yof LoEE writes that all the bills of Exchange are pd. Ex
cepting Ould Tullyes, Truly my Lord I am glad to heare that
the Rest are so well payd, but for the poore ould man his losse
hath beene so greate that I hope yo' LoPE will not Expect it
from him, and for the sueing his security here I tooke none of
him for I looked vpon him as a man sufficient, and one that
had beene an ould Trader here in yof LoPE8 Province, lately
yof LoPE8 Admirall and one th' 1 went and Came in his ship
& from whom have Received some Civillityes w" under his
Dominion in his wooden Kingdomc.
Touching what yof LoEE writes about the Imposition money,
I have still taken it of the Masters hitherto, and shall Doe
without yof LoEE Directs otherwayes, but severall psons object
here that Sf William Barkely in Case of shipwrack taking or
Casting away makes allowance, and Constantly Receives the
Imposition money of the Marchant that freights the Tobacco,
and not of the Master as I Doe here, so that if he showes
Masters of shipps any Act of favour more in Virginia then
yof LoEE does here, yof LoEE will finde the p'iudice more then
the advantage, in the meane time I shall pceed as I have done
untill I shall Receive other Directions from yof LoEE I only
acquaint yo' LoEE of it, that if yof LoEE should be complained
to, you might be p'pared.
I Retorne yo' LoPE my humble thankes for Delivering the
bonds & account of shipping to my Lord Shafstsbury and
com'.8 of the Treasury, & shall Endeavour in my care for the
future to merrit that good Character his LoEE is pleased to
favour me with.

280
I am very much oblidged to that honnest & Civill gentle
man Mf Massey for his kindc Character of mo M'6h I must con
fesse to be more then I have merited from him, although
I have used my utmost Endeavof to oblidge him, & shalbe
glad of all opptunityes to serve so pious & so Deserving a
pson, as I finde him to be, and indeed a pson that is so much
a gentleman, and good Company w°h is somew' Rare here in
Maryland, and for my writing to yo' LoEE that I Designed to
allow him but 101 p anil if I did so my Lord it was a mistake
for I never designed him lesse thn 201 p ann according to yo'
LoPE8 Comands, and that he might be assured of it 1 showed
him that pt of yof Lo™8 L™.
ffor the Chancelo' & Coll? Complaint to yof LoEE I payd
them as I thought to their Satisfaction for they made no ob
jection ag' it, yof LoEE having setled the Chancelo's ffees at
ld p li at th' Rate I payd them — yor LoEE hath reserved to
yor self the best bills of Exchange & Ready money & there
fore I thought I must pay them in Tobacco out of yo' Lo™8
Rents & did not thinke it convenient too much to undervallue
the Comodity of the Country, and for their Receipt of it I
have their full discharge but what yof LoEE shall ord' for the
future in that affayro I shall Readily & obediently comply
with. ffor Majof Fitzharberts Complaint I Doe much admire at
that time, but of the particuler actions of that pson shall give
yo' LoEE a full account in one undf my owne hand.
I have severall times put the Coll & Cozen Darnell in
minde of Complyeing with yof LoPE8 Desires in pouring those
Rarityes which yo' LoEE Expects from them and have myself
proffered very greate Rates to severall psons here to procure
them knowing how acceptable they would be to yo' LoPE but
finde the people here of that Rugged humour, that I can finde

281
no pson that will make it their busines for any Reward un
lesse they should accidentally take them. I Doe not Doubt
but my Cozen Calvert and Darnell will themselves by these
Shipps give yof LoEE a particuler accompt of their Care in this
affayre, and if I can for any gratuity whatsoever procure any
such shall Carefully send them to yo' LoEE by some of these
Shipps. I have also Received a coppy of the Receipt yo' LoEE gave
to Capt Cornwallis for Rent of some land here, and doe
humbly take notice thereof, and assure yo' LoPE that nothing
shalbe done here in that busines without yof LoPE8 further
ordf Hollinsworth hath also by his owne hand Delivered me
yof LoPE8 L™ in his behalfe, and since the faith ofthe Country
is passed to the Indians in that affayre I have referred him to
the Assembly the busines not being to be done by me nor yo'
LoPE8 Councill here I humbly conceive without their Consent.
I finde that the lines of those lands layd out for yof LoEE
by Mf White arc not at all for yo' LoPE8 advantage the good
land being in most left out, neither were the Surveys pfected
although they were Delivered into the office by Mf White,
but I shall use my utmost Endeavour to have yo' LoEE Right
done you in that case, which Avhen I have Effected I shall
send you a Coppy of the Record of them, I have already
Resurvey'd yof Lo™8 Manno' of Choptico and have throwen
out many Intruders there, and shall take that Course for the
future, that all yof Lo™8 Manno™ here shalbe Cleare according
to former Instructions from yof LoEE.
Mf Carew doth officiate at St. Maryes & so hath done since
his coming in, & with Mf fibsters Consent, who is called away
by Catholiques at patnxent, I Conceive the Catholiques of the
Congregation at S' Maryes, are very cold in their Contribution
to Mf Carew (who is so modest a gentleman that I beleeve he
36

282

never demanded any thing of 'em. wherefore I Conceive he
gets little but what small stipend his Patron allowes him, w'"
I wish be well payd. I have offered him my service to speake
to the Catholiques about it, but he wholy refused it and seemes
contented, yet I finde in Discourse with him a very greate
inclination to Remove from his Patrons to the Ridge in Ann
Arundell County, where he hath Reconciled some to the
Church, and I beleeve he hopes of a more advantageous
(though not more honorable) Patronage there — but this as a
secret !
Before ~Wm Brookes died, he had a greate inclination for a
young woman here who is my servant to whom upon his
Deathbed he gave 3000" of Tobacco, and 8001.1 of Tob to the
Church, his Estate was very inconsiderable, and (after those
Legacyes are payd) if their be any Overplus, when got in I
shall Rctorne it to yof L°™ for his Brother ; his Scale accord
ing to yo' LoPE8 Comands I send by this shipping.
The Duplicate of yo' Lo™8 of the ninth of October I Re
ceived and Doe suppose that Sf William Talbot will not come
here without yor Lo™8 favour and Consent, for he is not so
dull to thinke, that without that, it would be worth his time
and trouble to undertake so long a voyadge. This ace? of
Sf W? Talbot from yof LoPE8 owne hand hath much startled
many that knew him, who Could scarce have beleived it had
it come another way.
ffor the proffits of the place I have already ordered the col
lecting of them, and shall make a full Retorne of the produce
of them to yor LoEE (I meane of what Can be Collected) this
shipping but I feare the London shipps coming in so late this
yeare, I shall finde it a hard matter to procure freight for all
this shipping, but shall doe my utmost Endeavour, According
to yo1' LoPE8 Comands I have signifyed to those gentlemen that

283
Sf William Talbots Comission is Revoaked by yor LoEE and he
is not like to Come here any more, I Retorne yof LoEE
thankes for Retorning me that noate of the bills of Exchange
which I have Received.
The Duplicate of yor Lo™8 L'_! ofthe 24th of October I Re
ceived, and doe not at all admire at Mf Henry Courseys in
formacon to yof LoEE about a boy one Thateher a servant of
mine, which savo18 somewhat of his former kindnes and Car
riage to me, for had it layen in his power to have Done me
any mischeif I doe beleeve he wld have beene glad of nothing
more then to have Effected it for my owne pt I doe protest I
never Troubled any serv? of mine or any other pson about
Religion, and 1 Conceive Sf Joseph Williamson hath given
yof LoEE satisfaction in that and that that was only a ly of
Courseys raysing, for the lad he is of very little use to mo, and
if Sf Joseph Williamson pleases to take any Care for his pas
sage I shall send him to him, and be glad to pleasure a pson
that may be so usefull to yof Lo™ (and consequently to me) in
a farre greater matter, but I Conceive that when Sf Joseph
sees him he will misse of his Expectation, for I never found
any Delight or satisfaction in him in that musicall point, for
which Mf Coursey or his father have famed him to be so Ex
cellent at. I Doe Remember that I did write yof LoEE about
sending yo' Ace? by Cap? Pery but did not, but since I hope
yof LoEE hath Received it for I have sent it by five or six
severall oppertunityes.
I should be heartily glad to heare that the Controversy
betweene his Royall highnes and yo' LoEE about the Horekeele
(fee were Determined, and I assure yof LoEE it would be very
wellcome nowes to many psons here who have a Desire to
seate and Inhabite there, and yet are unwilling to Remove
their goods Servants and stocks untill they certeinly know

284

mid' whose Governm' they are like to be but howsomever in
the meane time I shall Encourage all psons that I Can to seate
there, & Endeavof the p'scrvation of yof Interest there to the
utmost of my power.
I humbly thanke yof LoEE for those Expressions of favour
and Kindnes to Docto' Wharton, and have acquainted him of
them for which he is very thankfull, and will write yof LoEE
more at Large himself by these shipps, I have already built
a Country house for summer time at Zachya, according to the
fashion of the building of this Country, but by what I have
Done already I finde building here to be very Chargeable, and
am loth to bestow much more of it, least (though the place be
so healthfnll) when I have Done Cis should not like it. I
Retorne yof LoEE thankes fqr sending me in that warrant for
Mf Allen, and shall punctually observe yo' LoEE8 comands
about yo' Manno'8 and Escheated lands, and from time to time
shall give yof LoEE a pfect account of our pceedings therein,
w6h I hope wilbe satisfactory to yo' LoEE. I Rejoyce much
that my ffrend Mf Charles ffortescu is so well Recoverd &
likely to live, I Retorne yo' Lo™ my humble thankes for
giving me satisfaction in it, for he is a pson that I have alwayes
had a greate Kindnes and Respect for. Yof LoEE8 of the 10th
of November in the behalfe of my Cozen Darnell I Received,
and have already taken Care for an Employm' for him, which
I hope (when he is Capable to manage & Execute himself)
will pve very considerable to him, and in the meane time finde
him a sufficient competency to mainteine him, I humbly Con
ceive yof LoEE and his father from his owne hand, will Receive
an account of my Care of him.
Yof Lo™8 of the 12th of November in behalfe of Mf Ste
phen Goffe by his owne hand I Received to whom for some
time I gave Enterteinm' at my owne house and have advised

285

him to an homiest man to live with this summer neare Zachiah
that he may be neare me, and withall I have given him such
advise and particuler Cautions as I thought fit, and I shall
according to yof LoPE8 comands give you a pticuler account
touching him, in a single Lf! only Relating to him, to which
I Referre yof LoEE for full satisfaction concerning him.
Yo' LoPE8 of the 20th of November I Received, in which
was Enclosed the noate of the Tokens yof LoEE was pleased to
send me my wife and Children, I have also Received the
thinges themselves, as also my mothers picture which wilbe a
great Ornament to my Parlof and though the Painter hath
not done it for her advantage as yof LoEE writes yet those
thinges are much Esteemed here for all which Tokens of
yo' LoPE8 favof to me my wife and Children wee humbly Re
torne yo' LoEE thankes.
I have Received Mf Ogilbyes Bookes but desire no more
such p'sents, but shall answere yo' LoEE8 Expectation to the
Gentleman, since yor LoEE writes me you conceive my honor is
Engaged, though such favof wilbe very Chargeable.
I Retorne y' LoEE my humble thankes for yo' greate Care
Charge & Trouble in procuring me that Sallary from the
Com'8 of the Customes, and shall humbly submit to what
yo' LoEE shall thinke fit and gratefully accept of Avhat
yof Lo™ shall please to allow me out of it. The Seale which
yo' LoEE sent me is ExceUently well Done, and I have Re
ceived it, and am much better satisfyed that it is in steele then
if it had beene in silver, for it I Retorne yo' LoEE my humble
thankes. The boy that yo' LoE? designed for Cis is arived but hath a
scall'd head, and though a little boy a greate Theife, where
fore the scalld head makes him Dangerous, and his theiving
quallity inconvenient if cured to be kept by me, so not to put

286

myself to that Trouble shall not Enterteine him, but Dispose
of him somewhere neare me that I may have an Eye to him
now & then that his mother when she desires it may have an
account of him.
I Retorne yof LoEE my most humble thankes for yof kinde
Enterteinm' to Richard Keene and his wife, at my Request,
who are very proud of the favor yof LoE? halh showen them.
Yor LoEE8 of the 21th of November on the behalfe of
Mf Robert Dowglas I Received by his owrne hand whonie at
prsent I Enterteine at my owne house, and Employ him to
teach my Children and shall give him all Encouragem? that
lyes in my power, shall Endeavour the promoting of a schoole
here, and make him the Master in the meane time till he Can
more advantageously Dispose of himself he shalbe wellcome
where he is, but doubt he will not finde the people here so de
sirous of that benefit of Educating their Children in that na
ture as he might pbably Expect, for the Remotenes of the
habitation of one pson from another, wilbe a greate obstacle to
a schoole in that way that I pceive yof LoEE ariues at, and that
would much Conduce to the pffit and advantage of the youth
of this Province.
Yof LoEE8 of the 24th of November I have Received and
touching yof LoEE8 Dues here I am glad to heare from
yof LoEE that you are so well satisfyed with my Care in that
affayre the last yeare, and be assured My Lord that the very
best bills I shall Endeavo1 to retorne yo'' LoEE either by Bris-
toll or London, but all of London If I finde them good and
likely to be payd and for what shalbe wanting yo' LoEE shall
not neede to feare that I will put yof LoEE further then Bris-
toll. when I Did write to yor LoEE that I thought a third pt.
of the Tobacco made here the last yeare would be left in the
Country, wee had not then in the Majof pt. of the ships, but

287
afterwards there Came many more who I Conceive Carryed
away most of the Tobacco made last yeare of the Imposition
of which I have already given yo' LoEE account and for what
is left in the Country at any time, it is next to an impoBsibil-
lity for me to give yof LoEE an account but if any were left
in the Country last yeare, it wilbe accounted and payd for this
yeare, if it were good, and kept well & worth sending home.
I Retorne yof LoEE humble thankes for yof great Civillity
to Cap? Dunch in making him yo' Admirall here at my Re
quest, who is very thankfull and proud of that yo' favof and
hath signified his gratefull acknowlegem? thereof to me upon
Severall occasions since his arivall here, I hope their was no
incivillity from Capt Dunch to yof LoEE but only some little
Difference betweene Mf Burke and him.
I humbly tlianke yo' LoEE for giving Mf Arthur satisfaction
in his scruple of my bill of Exchange of 10! payable to John
Lucumb, I forgetting to advise him of it, but I shalbe more
punctuall with Mf Arthur in those affayres for the future, and
shalby theis shipps send him a Receipt for it, wch will assure
him that I allow of the paym' thereof according to yof LoEE8
comand. Touching that 700 Acres of land w°.h I Desired yof LoEE8
favof in, it is since owned and an heir appeares who is in pos
session thereof, so that their is now no occasion to send an ac
count thereof to yo' LoEE but when any such like occasion
againe p'sonte, I shall send yof LoEE a full and Ample account
of anything that I intend to desire yof LoEE8 favour to graunt
me. My wife p'sents her humble deauty to yof LoEE and is very
sorry that the Squirells did not Come safe and that those that
did had that misfortune, as for one to Escape and the other dy

288

she will Endeavour the getting more this yearo and hopes that
they (if she gets any) may have better successe.
I Did give Mf Notley the trouble to Collect some dues of
shipping in Patomeke River the last yeare but it was only
when I was out of the way nor doe I conceive (he having so
much busines of his owne) he would be willing to undertake
it, but if he could be pswaded to it, I doubt not but he would
so behave himself in it that he would give yo' LoEE a greate
deale of satisfaction, and Ease me of a greate deale of Trouble.
As for the Seizing of Winsor, Scncerfe & Croscombe the last
yeare for being Dutch built and tradeing with Dutch goods I
humbly Conceive the suspicions upon them were sufficiently
Cleared at their tryall, and I Doubt not in the least that at
their tryall their appeared no Reason for their seizure but only
Jealousy, and for Mf Notleys pt I am Confident he neither is
nor would be Concerned in anything that should be p'judicial
to yo' LoEE or the Governm? here, and if any abuse have
beene offered by them shipps it hath beene Conived and
winked at by the officers of the Custome house where they
have Cleared for they alwayes bring with them as authentique
Testimonials, and Certifficatcs from his Ma'!!8 Customers
Collecto's & other officers as any Londoner that trades here.
I shall Continue in Doeing what Service I can for yof LoEE
touching the Horekeele in ordf to woh on the 19th of June last
I issued out a proclamation undf yof LoEE8 greate Seale declar
ing ancl affecting yof Lop.E8 Right to that place and Erected
the same into a County, and Called it by the name of Worces
ter County, assuring the then Inhabitants there that if they
would take out Patents from yor LoEE and take the' oath of
fidelity they should have all favo' and proteccon and also for
a further Encouragem' to them, did Empower one Jenkins
(whom I ordered to reside there) to take pfe of their Rights to'

289
land graunt warrants &c so that they might not be forced to
travayle so farre as St Maryes for the Doeing thereof and I
having graunted the Indian Trade to one Mf Thomas Jones a
marchant here, and he alledging the most advantageous place
for that was the Horekeele, & that that Avas yof LoEE8 right
but kept from you by New Yorke, and he undertaking
to Reduce it to yof LoEE8 obedience, I gave him a Comission
to be a Capt. for the said County of Worcester, and to leavy
men &c, and to march up thither and take possession of that
place for yof LoEE8 use, and Did associate with him one
Cap? Paul Marsh of Somerset County. In Jones Comission
for the Indian Trade their is a Clause inccrted for his seizing
any Truck that he should ketch any pson tracking with wthout
lycense first obteined for the same from yr LoEE or Lr here,
which is according to the Law of the Country. According to
his Comon Jones goes up to the Horekeele with a party of
men, and there after some small matter of Resistance, brings
all there in subjection to yof LoEE and tooke the oath of fidel-
Hty to you, but in Jones Managing this busines he was a little
too Rough for he seized great quantityes of Truck for the
Indian Trade, wob was designed for Trade with the Indians
though he did not ketch them tradeing with them, and used
them a little severely at first by binding them &c upon which
were many Complaintes, and though I am well satisfyed
Jones hath done yof LoEE good Service in it and that their
were many Reasons to be given for his Actings, yet severall
psons here Exclaimed much of him, and made the busines
seeme much fowler then it was I Conceive because he had his
Comission from me and because I had somew? of a gratuity
for his Comon for Indian Trade, wherefore to give all psons
satisfaction I in open Court tooke away and Cancelled Jones
Comon for Indian trade, and ordered him to redeliver unto
37

290
the Dutehmen all their goods he had seized of theirs wob he
accordingly did, and now the place Requires nothing more
then a Confirmation of yor LoEE8 right to it, for it is now
peaceably possessed in yof LoEE8 Right, and Survey'd by virtu
of yor LoEE8 ordf for severall of the Inhabitants of this
Province, who yet seeme loth to Draw their Estates thither
not Certeinly knowing who are to be their Masters, I humbly
take notice of the Comon yor LoEE gives me, and if nothing
but force will doe, I shall then make use of it to the utmost
ag' all such as shall withstand yor LoEE8 Just Right there
howsomevcr hope yo' LoEE will pcure a speedy End to be
made w"1 his Royall highnes about it. Though as yet many
have not gone out of Maryland and Virginea to Portroyall,
and those that have w'.'1 ill successe Enough, yet aboundance
Remove dayly from Barbadoes and other Islands thither, and
although they have Removed theire Estates have yet forgot
provisions, whereby they are all almost starved for want of
Corne. As for the Magazine yof LoEE seemes to Chide me for my
neglect of it, the Assembly having taken such particular Care
about it in the Act of 28 a hh? & that Cap' Coop informed
you I had sent for 20 Muskets by him I sent for fifty by
him, but I thanke him he brought me none, I sent for 100 to
M' Notleys Correspondent, in all I sent for 250, of which I
have but 20 come in, and that was from Bristol, the Reason
of the not coming of 'em in according to my ord' is the warrs
and trouble at home, but doe assure yof LoEE shall take such
Effectuall Care about it this yeare, th' yof LoEE shall have no
Reason to Chide nor the Country to Complaine of me. ffor
the use of Carabines in this Country I understand not there
fore shall send for none without yof LoEE8 positive ord?

291

Touching the fines and amerciamf here myself & the Coun-
cill have p'sumed to make use of them to Defray yo' Charge
at Court times and Assemblyes, but now they come to be so
small, that wee cannot be trusted upon Creditt of them, and I
am forced now to Enterteyne the Councill at my owne Charge
at St. Johns.
And Concerning all lands that are Escheated to yo' LoEE I
have yearly sent to the Respective sherriffs for an Exact account
but yet never could get any, this yeare I have sent out a strict
comand to them for that purpose, I hope that will bring it,
and as soone as I Receive it, I shall send it to yo' LoEE
Yof LoEE writes you would have all Patents Recorded
before they passe the greate scale I Conceive that was a mis
take of yo' LoEE8 Secretary, I humbly conceiving that it was
yof LoEE8 Intentions, and meaning that all Patents should
passe the greate Seale before they are Recorded, for I Conceive
the Seale is necessary and Essential to the graunt, and that
the graunt cannot in any way be perfected untill it hath
passed the Seale, yet wee have beene forced to doe otherwayes
here, that is after I had signed them, the Clerke to Record
them, and then Deliver them to the Chancelof for the Chan-
celo' would not seale any Patent untill payd in money for the
seale, and where one pson is able to procure money here, their
is hundreds that Can procure none so that if wee should not
have Recorded their Patents before sealed their would have
beene such a Confusion in the Secretaryes office that it had
never beene to have beene Righted againe, and truly I must
needes acquaint yof LoEE that the Chancelo's standing so Rig
orously upon his pay in money for the seale of Patents before
he would seale them has not only hindered himself & the
Secretary's office sufficiently but also many hundreds of peo
ple from taking up of land that other wayes would have Done

292

it so that severall people at last have come amongest them
selves to question his ffees, and alledge that it was never con
sented to in the Assembly as other ffees have beene, and
therefore have no Reason to pay 'em at all, whereas had he let
them freely had their patents his ffees for the Seale would
never have beene scrupled I humbly Desire yof LoEE8 full
ord's in this busines, that such a greivance as this is to the
Country, and p'judice to yof LoEE in having yo1 Rents in
creased & Revenues inlarged may be quite throwne aside, and
and that you will give ordf to the Chancelo' accordingly,
Yof LoEE8 orders about 4" a hundred Acres for Escheated
Lands to be graunted from yof LoEE shalbe punctually
observed. 1 am sorry to heare Mrs Boughton lost her Tobacco in
Capt Tully which I hope she conceives not my fault but the
misfortune of the times.
ffor my Cozen Brookes importuning to be Discharged of
the Councill, I Conceive it was only to get a confirmcon ofthe
place I had then given him & now since yo' LoEE hath beene
gratiously pleased to Confirme it I suppose he wld be very well
Contented to serve yo' LoEE as one of yo' LoEE8 Councill here
provided he could but get off' John Langfords 101 p anfi but
about this I conceive he will write yo' LoEE more fully himself.
The assembly hath beene prorouged in Reguard of my not
having any Comands from yo' LoEE and the Speaker Mf Not-
leys being sick, but when they sit I will take speciali care to
doe my utmost in Complyance w'.b yo1 LoEE8 comands touching
the passing & mending those Acts yo' LoEE mentions in yo'
L™. Touching those 3 hdi8 of Tob : that were missing Cap' Tully
hath given Caution that when paym' is made yo' LoEE shall
have satisfaction. I Retorn yof LoEE thankes for yo' kindnes

293
to my Brother Low, and hope he will doe his Endeavo' to
Deserve it from yo' LoEE when occasion p'sents. My wife is
yery glad the Dryed peaches came safe to yo' hand though not
so good as they might have beene, had they beene p'serued by
one that had more skill & Convenience. The season of the
yeare is now late to pcure Tob. Especially good sweetesented,
but if possible I can I will send yo' LoEE a hhd, or w' I can
pcure by some of these shipps.
If my Lord Willoughby and Sf Peter Colleton doe come
into Maryland (as yo' LoEP. writes they intend) though I doe
not Expect that hono' here) I shall endeavof to give them the
hansomest Reception and Enterteinm? here Maryland can
afford. Concerning Mf Gerards Land I have Employed a
Surveyo' to Runne it over privately and am now satisfyed,
that he holds Tennc or Twelve Thowsand acres more then his
due and now assoone as Ever my busines is a little over, shall
have it Justly surveyed, and Doe yo' LoEE and the said Gerard
Right in it, and if possible send yo' LoEE an account of it by
one of the last shipps.
I Retorne yo' LoEE my humble thankes for the two hampers
of wine yo' LoEE sent me, they prove Excellently good and
come safe to hand without Damage.
I have according to yo' LoEE8 comands put the good men
in minde of the Anniversary dayes yo' LoEE would have ob
served here, and of their adding my sister Blackestones name
to them, who doe all assure me they will take all Care imag
inable in observing yof LoEE8 comands therein. Concerning
those ffees sent in by Mf Langhorne for the Chancelo' I did
Conceive it wholy Related to the Chancelo'8 office and that he
would have beene so Carefull in that matter, as to have given
yo' LoEE a particular accompt wherein the Difficulty lay, but
since he hath not I shall minde him of it, what I und'stand of

294
it, is this, that in the said list of ffees is thinges Charged
there that are never made use of here, and many things left
out there that wee have dayly occasion for here, but for those
thinges that are necessary here the said Directions are very
much wanting in this in that it does not distinguish how much
in Every pticuler is due to the Chancelo' for the seale, the
Rest belongs to the Secretaryes office, where all the Records of
that busines are kept and all writs Comissions Decrees ord'.8 &c
transcribed and written. As in the said list is allowed for a
Subpena ad Respondent! 2? now the quere is how much for the
making and Recording it, and how much for the seale. the
Chancelo' takes in all businesses that passe the seale, as much
as if he writ them & kept the Records of them whereby it
comes about that people gen'rally pay Double ffees in such
Cases, Those that have beene acquainted with Chancery bus
ines in England alledge the Ld Chancelo' takes nothing for
the seale of Chancery writt &c but that true it is when the
Lord Chancelof pens the seale, on a certeine day his Secretary
gives notice to the Clerkes and other officers of that Court to
attend who have any such Cursory pcesse to passe the Seale,
and they pay the Chancelo'8 Secretaryes but 6d a peice for one
writ with another, and tho number of them that are so sealed
at one opening makes it very advantageous to those Secretaryes,
and the Residue of the ffees for such writs, goes to the sev
erall officers of the Court of Chancery, through whose hands
they passe for this I humbly conceive yor Lo£!i may Receive
full satisfaction from Mf Langhorne and when yof LoP! sends
me yof ordf in that case, they shalbe fully observed, I only
write this to yof LoEE the more fully that people may not pay
twice for doeing their busines but that the Chancelo'.8 ffee for
Every writ in Chancery may be Duly setled, or else (that
since Avee sit here in a Double Capacity aswell Chancery

295
as Provincial Co'.' and one Clerke serves for both busines, and
wee try aswell Chancery as Provincial Co" busines at one
sitting) the same seale (which is the lesser Seale of the Prov
ince) that seales the Provincial Avrits may also seale the Chan
cery writs, since one is as Cursory as the other, and that only
Patents Pardons or Speciali busines touching publique aff'ayres
may passe und' the greate Seale, but for this I humbly Re
serve it to yo' LoEE8 Directions by the next.
According to yo' LoEE8 comands about Coll Carters Land I
have searched fully into it, and finde that it is not Escheated,
but that the Rent for the same (with that he pd yo'; LoEE in
England) is fully pd to this last yeare,
I will endeavo' my utmost in pswading the London Mas
ters to take into their severall Shipps Billets as yof LoEE De
sires, and hope to giA'e yo' LoEE satisfaction therein. I am
very glad to understand from yof LoEE the Blackwallnut
planke has made so noble a shoA'ell board Table. I shall
Continue the same Care in taking security here for all
paym'8 of bills of Exchange to yo' LoEE and shall Endeavo'
yo' Lo?-?-8 satisfaction herein according to Direction, and take
foure bills, three of Avhich I shall send to yo' LoEE accom-
panyd with Lff*. of advise and the fourth keept here, I shall
also send double Coppyes of all bonds for feare of a miscar
riage, and also of the Account of the Tobacco Exported,
which shalbe sent to yo' LoEE for yo' Delivery thereof to the
Li8 Com'.8 & Com'8 of the Treasury. Assoone as I can get
Augustin Harman Downe here shall get him to pfect his
Mapp and incert yof LoEE8 Manno™ in it according to
yof ordf I have Received the bounds of Choptico Mannof and
have since Resurveyed it with some additions according to yor
LoEE8 ord' with a Reserve, and of the Certifficate of Survey
shall send you a Coppy by the last shipps.

296
That hdd of vines yo' LoEE tooke so much Care to send in
the last yeare by Capt Tully for want of Care in a timely
Delivery are all perrished and not one of them come up for
Avhich I am heartily sorry, having had greate hopes that if
they had beene put into the ground in time here, that the
soyle Avonld have so well agreed with them that in a sliort
time they would have Come to a greate pfeccon here, and that
I might have beene able in some few yeares out of their pro
duce to have sent yo' LoEE. a glasse of wine of the growth of
this Province.
I Retorne yof LoEE thankes for pcuring Cap' Cooper and
Cap' Dunch the favo' of a proteccon & also the liberty of
wearing the Kings Jack. I also humbly thanke yof LoEE for
yo' Civillity to M" Wyan but some Reporte here have buzzed
abroad that my Letter procured her nothing, but what helpes
she had in England it was by meanes of some Letters of the
Chancelors Lady to some frends of hers there, Avho had assisted
her, I have acquainted her husband also of yor LoEE8 Civillity
and Kindnes to her, who seemes very thank-full to yo'
LoEE for the same. Concerning that L™ from his Ma'y about
Thatchers sonne, I shall take notice of it when come to hand
as yor LoEE. Directs,
I am certeinly informed of the Arivall of one Man of
warre in Virginia called the Barnaby, and when the ord's.
come to hand, they shalbe punctually observed, I hope Majo'
Gen'all Smith will have as little successe in that busines as
the former Agent Coll Morrison, and spend their moneys
Avith as little satisfaction to his Employers Avhich wilbe for
yor LoEE8 Interest here. And for the graunting of his Ma"?8
Rents in Virginia to the Lords Arlington and Culpepper, wee
have heard as yet nothing of it here, but suppose the news
Avilbe very unwellcome to Sf W? Barkeley. Those two acts

297
yof LoPE sent I Rec'd, and shall Deliver a Coppy of Each
to the Chancelo' according to yof LoPE8 ordf
Also I Received the Case of Mf Henry Scarborough stated,
and also a Coppy thereof from his Attorney here, and Avhen
they make their addresses in ord' to the psecution of it, they
shall have all Right & Justice Done them, for I am well sat
isfyed Mf Scarborough hath had much wrong done him, of
which the Chancelo' I suppose is sufficiently sensible, and I
conceive Mf Scarborough did very wisely in making the
Chancelo' a Defend? for some Reasons (wcb I will comunicate
to yo' LoPE in another L" of my owne writing) I will not
meddle with anything as to Discourse with the Chancelo'
about that affayre but shall wholy referre it to the Court and
then fully pursue yof LoPE8 Directions.
ffor th' 25'.1 yo' LoPE is pleased to ord' me to pay unto the
Coll out of the proffits of the Secretaryes place this yeare, I
have already OAvned yo' LoPE8 ord' to him, and shall accord
ingly make Convenient paym' thereof to his Mother, to whom
he hath Desired me to pay the same, and truly my Lord I am
very glad of the opptunity for she very much wants it, and I
never knew him assist her in any thing of this nature before.
I have already acquainted my Cozen Brookes of yo' LoPE8
ordf for the setling of a Court of Inquiry about Escheated
Lands of which I have Desired him to take notice, and shall
use the utmost of my Endeavour that yo' LoPE may have a
satisfactory account given you in that affayre. M' Abbington
hath since his coming in likewise made his Complaint to me
touching that servant, and hath so farre satisfyed me that I
am apt to beleive he may have had Avrong Done him, though
he hath still had here the Repute of a pritty severe Master.
As to what yof LoEE is pleased to write about M' ffoster and
M' Warren, at that time my Lord they both seemed to take
38

298
it very unkindly that yo' LoPP should Extend yo' favo'8 to
others that Avere not come in more then to them Considering
they had beene here so long, and therefore I did Endeavo' to
give them Encouragem? that yof LoPE would Doubtlcsse con-
ferre the same favour upon them which Avas all that I gave
them, and now since yo' LoEE hath confirmed them those
dubious words of mine they both seeme to acknowledge
yo' Lo™8 favo' and kindnes to them in a very high manner,
and when this paym' does Comcncc to them, I shall observe
yo' LoPE8 comands & stop the Corne.
That Act of Assembly that provides freight for yo' Lo™ is
yet in force, and by virtu of the same I doe Demand pportion-
able freight in the Respective shipps for yo' LoPE8 goods and
doubt not of pouring sufficient to give yo' LoPE satisfaction.
ffor such L™ as come to me under Covert from yof LoPP for
other psons I have constantly taken such care for the speedy
Delivery of 'em as this Country affbrdos, which is to send
them by the first Conveniency of one that lives neare them,
w°b if such a Conveniency does not imediately p'sent, or the
pson by whom I send them prove Careles it is no fault of
mine here being no post office or way as yet contrived in this
Province for the speedy Dispatch of the same.
Yof LoPE8 of the 25th of November I Received as also all
those warrants that yo' LoPE mentiones therein which I will
safely Deliver to the psons that are therein concerned. And
for that warrant yo' LoPE is gratiously pleased to graunt unto
Docto' Wharton, I Retorne yof LoPP my humble thankes, and
shall take Care the land shalbe seized for yo' LoPE8 use by the
sheriff' of the County, and for the paym' of the money I wilbe
his security and ord' yof LoPE the money and for M' Playdells
ffee I will take Care it be retorned him before I Deliver the
warrants according to Direction.

299
' As for yo' LoPE" favo' to M' White it shalbe taken notice
of, and ord' shalbe given to Ridgely to Record it according to
yo' LoPE8 comands, so that Mf White shall finde wee dot him
Right here, and if any other be in the like nature they must
Runn the Hazard of Avhat will Ensue, but those that I Either
know or Can heare of that arc in the same condition I shall
give them notice how to have it Remedyed (vizt) by yo' LoPP8
Dispensation. And as for Alauson if he have had any injury by any Sur
vey if wee can any Avay finde it he shall fully Receive the
benefit of yo' LoPE8 favof
The Comission and seale for Judge for probate of wills &c
I Received and Delivered according to yo' LoPE8 ord' but
touching this in one of my owne hand to yo' LoPE I shall Dis
course more fully.
Concerning that favof yof LoPE intends to bestow on the
widdow and Orphans of BartholomeAv Coates Deceased this
warrant is of no use, and Sf W™ Talbot did mistake the Case,
Avcb truly is thus — 500 Acres of land in possession of Chand
ler, and pt of Oversee's Land lyeing in Portobacco Creeke
over against Mf ffookes Escheates to yo' LoPE Bartholomew
Coates upon Confidence of yof Lo™8 favof built and Cleared
upon it and I gave him an ord' to the Surveyo' to Rcsurvey it
according to the auntient bounds, that so knowing what it Con-
teyned might ascerteine his Request to yo' LoPE. It appeares
by the Certifficate of Resurvey to be five hundred and fifty
acres, a coppy of wch I send yo' LoE? It is all the Estate he
hath left to his wife and Children, which I hope yof Lo™ (they
having beene Servants to yo' family) will graciously confirme
to them, so that the bounds of the Land must be specefyed in
the Avarrant, and it having beene already survey'd and
Escheated a Comon warrant will not serve, but their must be

300
a speciali Recitall of the Escheate and bounds and then
a Comand from yof LoPE to cause a Patent of Confirmacon to
be here passed. Assoone as the severall sherriff's Retornesme
their account of Escheated Lands I shall send yo' LoPE a
fayre list of them, with their names, place where they ly,
quantity of Acres, goodnes of the Soyle &c and then I hope
yo' Lo™ will answere my Aunt Peaselyes Expectation.
Yof LoPE8 of the 26th of November I Received, and I doe
humbly Retorne yof LoPP thankes for yo' great Care and
Charge in pouring me that Sallary from the Lords Com'.8 of
the Treasury, and I shall use my utmost skill and Endeavof to
Comply Avith their Lo™8 Directions, and I shall in obedience
to yo' LoPE8 comands appointe a person to Receive it but
shall humbly Desire yof LoPE8 assistance in the procuring
paym' thereof, for w"'out yo' LoPE8 favo' in following it there
I have very little hopes in pcuring it. I haAre Received
Li8 from the Comissioners of the Treasury avo1' are to one and
the same Effect as theirs to yo' LoPE was the last yeare. I
shall send to yo' LoPE by this Conveniency the Instrum' you
Comand Executed here as yo' LoPE Directs, and also a partic
uler T/° from myself to the Comissioners undf my owne hand
to pay it to yo' LoE? or yof ordf
Touching the supposed mistake in my last yeares account
this is humbly to Certefy yo' LoPE that their was no mistake
for it is true that their Avas arived 87 shipps, but at that time
there was Cleared but 81, those Avhich were not Cleared then
are to be allowed this yeare as yof LoPE by the account Currant
herew'? sent will sec. I shall Endeavour to give the Lords
Com'8 all imaginable satisfaction that can be according to
yof LoPE8 comands, and make my account pfect and full both
as to the Ports they come from, and are bound to.

301

I have Received that Dispensation of his Ma'!?8 and shall
carefully observe the Com'.8 ordf about it, of wcb I Received
the Duplicate asAvell as the Originall.
Yo' Lo™8 of the 2d of December in the behalfe of Cap! Bur-
ges by his owne hand I Received, and am very well satisfyed
that he hath given yo' Lo™ assurance of his obedience and
Complyance with yo' LoPE for the future. I hope he will per
forme his pmise in the same to yo' Lo™, and the more to urge
him thereunto I shall give him all Encouragem? accordingly.
Yof Lo™8 of the 3d of December by Cap' Connoway I Re
ceived and accordingly thanked him for the Delivery of those
things so Carefully and have assured him of all Encouragem'
here, and to Countenance and serve him here in any Just
thing that lyes in my power, Avhich I doubt not but he will
very well Deserve and gratefully acknowledge.
Yo' LoPE8 also of the 4lb of December I Received, together
with the Books and Materialls for the Secretaryes office, and
also the noate of the particular prizes of them all, and shall
take Care according to yo' Lo™8 Comands that yo' LoPP be
Reimbursed out of the proffits of the Secretaryes office for
those that are for that use, and for the Rest shalbe yo' LoPE8
faithfull factof
I humbly Retorne yof LoPE thankes for making good what
was omitted by me in ord' to the hogshead of Tobacco 1 sent
Mf Langhorne, and Doe allow of Avhat yo' LoPP payd for the
freight and Custome thereof because Desired by Mf Lang
horne, and shall repay the same to yo' LoPP.
I shall also in obedience to yof LoPE8 comands, write to the
Earle of shaftsbury and my Lord high Treasurer in Avhich I
shall Retorne them my humble acknowledgem'8 for their
noble favof which Letters written with my owne hand I shall
send unto yof LoPE with flyeing seales. I also Received the

302

noate of Directions for the severall superscriptions, and in my
L™ to the Lord Treasurer, shall signify an account of the Tob.
that is Exported, But as to the monethly satisfactory account
this yeare, the Lf! Came so late to hand that it is impossible
for me to doe it now, but the next yeare god willing shall
Comply fully Avith their LoPP3 Desires and in my Letters to
them shall intimate so much.
The Two Chests and the Keyes to them I have Received,
as also the Acts of Parliam', and his Ma".68 ordf of Dispensa
tion dated the 10"' of May 1672, also I have Received
Twelve Drumheads and lines to them and the scantlings of
BlackAvallnnt, woh scantlings came so late to my hand, that by
theis shipps I cannot send them to yof LoPE but by the next
shall use my utmost Endeavof to fullfill yof LoPE8 Comands in
the same. As for Mf Lewellen in whose behalfe yo' LoPP
writes to mo, he is already Employed by Mf Notley so will
need no assistance or favo' from me, but if he should have oc
casion shalbe Ready to doe him Avhat Kindnes I can. As for
Ellis he is at prsent Employed by me, lie is married here, and
when it lyes in my power to show him any favof 1 shalbe
Ready for his fathers sake. And as for Mr Chilcot of Ann
Arundell County, I cannot in honor make him sheriff of that
County, for the gentleman that now is in that office, hath so
honnestly and hansomely behaved himself, that it would
seeme very unhansome in me at prsent to Remove him, but if
it in any other way ly in my power to serve Mf Chilcot, when
he comes to bring yor Lo™8 L™ of Recomendation, I shall
serve him in that Avay, that he shall owne yof LoPE8 favo' &
kindnes in Recomending him.
Yo' LoPE8 of the 16?? of December Received, together with
those papers yo' Lo™ mentions Enclosed therein and shall
punctually observe yo' LoPE8 Directions in Relacbn to the

303
Com'8 of the Custome house, and shall also from time to time
send to yo' LoPE coppyes of all such L'l8 as shall come to me
from his Ma'.7 Com'.8 of the treasury, or others as I shall
Judge Convenient to be sent to yof LoEE and as yo' LoPE
desires. Sf Richard Belings L™ is behalfe of Mf Gough I have re
ceived, and shall Retorne him an answere giving him therein
an account both of the Gentleman and his Cargoe, which if he
husbands according to the advice and Cautions I have given
him, I doubt not but it Avilbe both for his owne advantage &
for the satisfaction of his frends and Relations. I should be
very glad for Mf Whites sake that the match betweene his
Royall highnes and the Arch Dutchesse of Jusprugh may goe
forward because he writ me word that he is in hopes of some
Employm' there.
As for that informacon of Thurstons to yo' LoET touching
that tract of land at the head of Gunn powder River above
the falls there (if it prove true) I shall Reserve two Manno'8
there for yof LoPE and shall give him and his son a graunt or
graunts for what they shall Duly prove Rights for according
to yor LoPE8 conditions of plantation.
And as for that informcon of that lyeing fellow Thurston
about Hattons land I humbly conceive it is already ansAvered
in that I writ yo' LoPE already that their is an heire to it, who
is now in possession thereof, and for the sheriffs selling it I
never gave any ord' to that Effect, indeed Thurston was with
me about it, but I Doubting their was an heire, and under
standing something to that Effect, did doe nothing in it but
told him if none such appeared he should have it for 170001'
of Tob, by which it may appeare to yo' LoPE it was not sold
to any other. I Received a coppy of a particuler of all yo'
LoPE8 Dispatches with a second bill of Lading as also the

304
same from Mf Burke, ffor those Li8 to the Lord Chancelo'
and Treasurer, I have already signifyed to yo' LoPE they
shalbe Avritten in my owne hand according to yo' LoPE.8 Com
ands, and for Thatcher in the begining of this Lf! have fully
answered that.
Yof Lo™8 last of the 10th of January I Received, together
with those Duplicates & other papers yo' LoPE Enclosed
therein ; I have informed M' Massey of the miscarriage of his
Letters from his frends for the which he is very sorry. I Re
torne yo' liOEE my humble thankes for yof greate Care and
Trouble in pouring my sallary from the Comissioners of the
Treasury, which I hope yof LoPE will Continue from time to
time in the getting of it into yo' hands.
According to yof LoPE8 comands concerning the Horekeele
1 shall Endeavo' to give all due Encouragem? to all psons
that will seate there, untill busines be Decided betweene yo'
LoPE- and his Royall highnes wch I hope yo' LoEE will En
deavo' speedily to Effect, since it is so much for yof LoPE8
Interest. Concerning Young and Tullyes bills I have already I hum
bly conceive given yof LoEE a sufficient answere, and for the
future I shall observe yo' LoEE8 Directions in ordf to the Draw
ing of the Bills of Exchange, but for the Letters of Advice
they will and must doe that as they thinke Convenient,
for in their Lf! of Advice the Masters gives their Mar-
chants Advice, that it is for the Dutyes of the ship &c
upon which the Marehant payes it, Avhen pchance if the
Master drawes it generall, and without such advise, that is
for the Dues of the ship, the Masters bill will certeinly
be protested, by the Marehant who hath no Reason to pay
him any thing but his wages, and what he Expends upon

305

the ship and so conceive yof: LoEE8 best Remedy in a bad
matter wilbe to sue the security here.
Yf Lops most dutifull
2d June 1673. & Obedient son
Charles Calvert

No. 17.
PART OF A LETTER-BOOK OF GOVERNOR
CHARLES CALVERT.
that y?. gett Ires from him and my Cosen Copley as often as
you cjan that I & my wife may haue the comfort of hearing
from them by the first Shipps next yeare, as to the moneys you
mention my Cosen Copley had, I allow of it ; The Allowance,
as you signifie, is somewhat high, and may be wonder'd at,
but in that I cannot as yett help my selfe, & Provided my
Child do well I shall think the lesse of it ; you did well to
charge Cis to Avrite to you often and pray putt him in mind
of his promisse in that particular. You signifie that doctor
Walgraue and severall other familys are gon for france &
Islanders, and that if my Children want any Phisick Mf. Nel
son hast assured you he will procure an able Phisitian for
them ; for Av°h I thank you and for the good news of my Chil-
drens health at Chelsy, & son Benedict at Hammersmith &
that he is (as you write) as lusty and braue a Child as any in
Middlesex. I wish my wife had acquainted you afore she left England
what necessaryes she had provided for my Children at Chelsy
& Hammersmith, that there might not haue been such a noise
of Complaints as you write there hath been in that particular ;
39

306

but I hope yr care Av'b my order to Brother Nick Lowe will be
sufficient for the future, and that all partys will haue no more
cause to apprehend a want for any thing necessary for my
Children : and besides my order av6|> I sent you some time
since for my Brother Lowe to supply, I also sent Bills of Exc.
to Mf Barnaby Dunck & desired his eye over my Children to
see if all things were complyed with by Nick LoAve : herewith
I send you an ace' of what Bills of Exc. and other moneys I
orderd into my Brother Lowes hands, there to lye for supply
ing all occationes in relation to my Children and my other
Concernes ; so that I suppose I did all that was needful! .
Just now comes the Mate of one Capt Canham, and brings
me Ires from severall persons ; Avith the mate came one
Mf Jesfrie Fleetwood avIio likewise has deliver'd me severall
lies from yf selfe my Cosen Mary darnall and other persons;
the dates of yf that came by the mate & Fleetwood are as
followeth, 4?h of Jan? 6?h of Feb. 7th 11th 17. & 30* of March,
being six in all, by these Ires I am sufficiently made sensible
how kind and carefull you haue been of my Children & Con
cernes and do assure you it is a great satisfaction to me and
my wife to vnd'stand by all Ires from you and our other
freinds that our Children were well and such care taken of
them as doth sufficiently satisfie vs & th' they will not want
any thing requisit for them to haue.
I will now giue some short answer to these last Ires I recd
from you, the Comandr of the York Merch' Capt Christoph'
Evelin being ready for sailing, I received the Ires and other
things you sent by Roddy, Partis, & Groome wcb you make
mentione in yf of the 4tb of Januf I haue received Mf Black-
tliAvates Ires wob you mention in y'8 of the 6th of Feb.f and am
glad M' Wyse was well and that severall persons besides D.
Arthur was out vpon Baile — Yf Ire of the 7th of March

307
maketh mention that Arthur had recd Covell's Bill, as for my
note due to Bar. dunck I haue orderd him paym' out of the
Bill of Exc! for the Charles Walter dunch Comand' it is good
newes to me that y° appear'd vpon the Exchange, and I hope
God will protect you and all that are innocent from the malice
of wicked persons, my wife and I am very very well satisfied
that my Cosen darnall will trouble her selfe in seeing neces-
sarys bought for my Children, and assist you in that affaire,
you did well to pay y' respects to S.f Clement Armiger, As for
the Buttler's Annuity it must be pd out of the Yorkeshyre
estate, for though I orderd my Sister fiue hundred pounds out
of that Estate, yet with this reserue that those should be
allowed out of it likewise, and so much you must acquaint
Mf Alliband and my vncle Weld. As to your concerne and
that of M'8 Rawlins I will drawne on Mf Barnaby dunch for
you both ; and am resolved to giue Order to my new Attor
neys to lett my howse, for since persons of the Romish per-
swasion are not to be permitted to be in Lend? it will not be
convenient for me to keepe that howse any longer. My Bro
ther Henry Lowe hath not Avritc though you mention that he
was in Towne. by y' Ire of the 11th of March I vnd'stand
that there has been greate trouble about a Gowne for my wifes
daughter Jenny ; and that you were Blam'd by some of my
wifes Relatives, but I shall take care to cleere you in that or
any thing else they may take vnkindly from you. My wife
and I think as you do about the Aveaning of our son Benedict
Leo. and that till he haue some teeth it will not be safe, but
if the nurse should prone with Child, then our son ought to
be wean'd out of hand, and I find you haue taken care it shall
be don in such case, wch Avas well thought of and I thank you
kindly for the charge you gaue the nurse therein. You signifie
that my Irish rent has not been paid but I hope care will be

308

taken by my Attorneys in it when it may be convenient to
sue Morris & Cleyborn for it. As to Jn? the Coachman he
must be dismist & ought to haue been vpon his quitting my
son's services, order shall be given to my Brother Low to pay
him of his wages. I am glad to vnd'stand that M'8 Bayard
her sister Dell Joynes & her husband haue been carefull of all
matters comitted to theire charge w6h I will take care to requite
them for, wch y' lfe of the 11th of March I reced a copy of an
ace' wob you Avrite, my Cosen Copley gaue you ; amounting
to 801 : 10": 05D as you made it, my Brother Nick Ioav I hope
hast satisfied it according to my order to him In your Ire of
the 17th of March I find that my Avifes Brothers had caused
101 or 121 pounds to be layd out in cloths for the Children
without acquainting any of my Attorneys but i suppose for
the future there will be a better vnderstanding amongst those
1 hane imploycd to assist you in the care of my Children both
I and my wife supposeing there was no such greate cause of
complaint as was pretended.
T will in my Ires to my Brother Nick Lowe excuse your
not letting of him know where my son Cis was lodged ; As
to the barrell of Tob : you mentioned brought by Groome I
freely bestow it on you to make Avhat you can of it. I am
somewhat troubled to understand that my Cosen Smithson had
pd but one hundred pounds to my Sister out of my York
shire rentt and that as he writt word there would be so much
money layd out in building a mannor howse att Danby & in
repaireing some other Tenants howses there which will be lost
to me if I should be cast by S.f Wf Blackston Your last Ire
being the 30tb of March giues me the Avelcome news of my
Childrens healths and particularly of little Cis and was glad
to see the lfe he writt to you the lie being not dated, but as
you conceiue was to haue borne date the 25th of March, I am

309
uery glad to vnderstand that Mr Wysc is well and that you
hope he will continue so and that he has receiued moneys for
the Tob : I left in his hands I am glad you acquainted Mf
Wyse of the part I hold in the Cecelius and by that meanes
caused a stop to be made of any paym! for fraight which you
signifie was demanded of Mf Wysc. As to the Ladies eon-
ccrne I will take care it shall be made good to her. You
signifie that my lies by the Lowe were not come to your hands
which I Avonder much att, for by Cap? Oswould Wheately I
sent a packett vnder couer to Mf Daniell Arthur, which I de
sired the master to deliuer to Mf George Cornish, Avho I
vndcrstood was to nicete hiin att the Isle of Wight, but if
Mf Cornish came not there I then suppose the master might
deliuer my packett of Ires to a passenger that went in his ship,
who had beene boatsAvainc of the Charles, when I came ouer,
and if that person had them I hope he would be carefull to
deliuer them. I am glad my vncle Wild came of'Avell before
the Lords, but am sorry he is not one of the new parliamf I
vnderstand Collf Spencer is Secretary of Virg^- and about
four or fiue dayes since did congratulate him the new
honour he had thereby receiu? from his Ma".6; this being
all att prsent I haue leisure to Avrite only to a?sure you that by
all opportunities you shall heare from me, and the same 1 de
sire from you, and that you will likewise mind my Attorneys
(viz) Mf. Nicholas Lowe Mr Thomas Gilbert and Mf Barnaby
Dunck to write by euery shipp and that you giue them notice
when any shipp shall be ready to sayle and so I rest
p Capt. Evelin Your uery loueing friend
9th July 1679. C B.
Bills of Exai on Barnaby Dunck payable to Rich? Burk
or ordf for forty pounds sterling, being for his Avages &
Annuity —

310 Maryland 10'? Jully 1679.
Cosen Darnall
T haue now to giue you thanks for your seuerall letters of
these following dates viz 2d January 6th feb. & 16'.? ditto
3d march 7th & 26th ditto by these letters you haue taken a
great deale of trouble and paines in letting me know in what
Condition my Children were in vnderstanding from others as
well as from your letters your great kindnesse toAvards them
for Avhich my wife and I returne you hearty thanks begging
the Continuance of your Care and kindnesse towards them
and that you'l please to write by all oportunities to vs as you
haue donn I was very sorry to vnderstand of my Cosen your
husbands Indisposition as Likewise for the great trouble he
finds at present there I shall heerwith send hiin a supply of
moneys as alsoe a small tocken of my kindnesse to your selfe
which Tie desire you will accept of from
Your affecf Kinsman
Deere Coosen C. B.
To Mrs Mary Darnall
at the Lady Summersetts
house neare heme Stile
In London
p Capt" Eueling 10th July 1679
Bills of Exc? on Mr Barnaby Dunck to pay vnto Mf Phil
lip darnall the sume of tAventy pounds sterling and to take
receipt for the sd sume ; first & second.
10th July 1679.
Bills on ditto payable to Mf Mary Darnall for Tenn
pounds ster! first & second Bill, one p Evelin, other p
Sheppard.

311 Maryland Jully 10th 1679
Deere Sister
I have received yours by Mf fleetwood and for your sake I
shall shew him what kindnesse lies in my power I writt to you
by Capt? Oswold Wheatley but doe not vnderstand you haue
received that letter therin I gaue you an accompt of our
ariuall and well being I was once resolued to haue seene you
this summer but the death of Mr Notley hath Caused such an
alteration in affaires with me that I Canot possibly quitt the
prouince this shipping which is noe small trouble to me this
with my humble seruice to aunt Summersett is all I will
trouble you with and therfore Conclude as I am
Your most aff'ec? Bro.
Deere Sister C. B.
To Madam Elizabeth Caluert
In London
p Capt? Eveling Maryland Jully 10th 1679.
Mr Allibond
I haue received yours of the 10th feb. by Mf fleetwood and
was glad to vnderstand by him that you and your wife were
well and at your house in London I had not received any
from you vntill this by mf fleetwood you may be asshured I
shall show the Gentleman what kindness I Can and wherin
Else I Can serue you
You shall find me — Your most aff. freind
C. B.
To Mr Richard Allibond
In London.

312 Maryland Jully 10?? 1679.
Good Brother
I Avill now acknowledge the receipt as alsoe giue you
thanks for those letters I haue reced from you the last to
which I haue not as yet giuen you an answere are of the dates
foUoAving 22* feb. 25* March the first of these you mention
to haue sent me seuerall letters but I haue recevd but one
more besides these I haue already mentioned ; I am glad to
vnderstand you are soe well discharged from your old ac
quaintance and knaue Bellamy your other letter of the 25* of
March mentiones that you had writt at large to me by the
same Conueyance that it Came by, but I haue not receiued
any such letter as yet you acknowledge the recept of mine of
the 15* fob. by a Lime Vessell and giue me to vnderstand
that you had suplied my Children with some necessaries afore
that request of mine came to your hands for w6b both I and
my wife most kindly tlianke you and alsoe for what you
wrote Concerning Mf Arthur bailing some time since sent
directions for the drawing out what moneys I had in his
hands As to your Concerne in your Brother Vins hands I
bane don n what I durst doe betwixt two brothers and
at last banc procured for you twenty six hoxeds of tobacco
as by the Inclosed accompt you will perceiue but I was Con
tented to be disappointed my selfe rather then you should be
any longer without some returns from him and of this you
will be satisfied by the Inclosed letter which I received from
him with the noties for the twenty six hoxeds ; more I will
Endeuor to procure for you the next shiping for you may be
assured I will be your faithfull solicitor herein, now Brother
as to the Effects I haue already Consigned vnto you being as
followeth, first with my letter of the 5* March I sent you
bills of Exi amounting to the summ of 2811.. 38.. 0d. further in

313

my letter to you of the 25* Aprill I sent you two bills of
Exl of Boddys & Ellys for the summ of 1661.. 38.. 4d. all
which I hope will come safe to your hands, I alsoe sent you
an order for Mf Wise and Lombard to pay you the produce of
the tobacos left in theire hands, and alsoe the Interest of what
Cash I left with them being 200018 for which there was 5' p
Cent to be paid me, I shall renew those orders and send them
againe with this hauing lately vnderstood that the said Wise
& Lombard haue sold the tobaccos to Mf William Drope. I
Likewise am aduised that John the Coachman who waited on
my son was sometime since dismissed from my sons seruice
and that notwithstanding his wages ran on still, therefore vpon
your recept lieerof I desire and alsoe order you to pay him of
his said wages which by agreement was 61 for the whole yeare,
heerin pray faile not. I haue thought fitt and presumd to
Constitute you my Cosen Thomas Gilbert Mr Barnaby Dunck
and my seruant Richard Burk my attorneys to act for me in
Case of any law of suites or other businesse Av6b may happen
before I see you, by vertue of which letter of Attorney I
must desire you with any two or three of my attorneys to see
my house lett that I haue in Southhampton building for as
much as you can gett and when any Tenant presents to take
Care that an accompt be had of all my things and a note of
them all .be taken by you & Rich? Burk, and the goods ancl
things lodged in some place where you Mf Dunck & Ric? Burk
shall think fitt, so they be carefully secured, herein Good
Brother pray faile not, and in particular to take Speciali care
of my Trunck in my dressing Roome in wob are my deeds &
writings for all my Estate in Engl? Ireland & Else where,
this and' the Care of my Children and that I may heare
often from you is all I will desire and trouble you with at
40

314

this time Avith my very kind respects to my Sister I
remaine i Deere Brother Your affec? frend & Seru?
To Mr Nicholas Lowe C. B.
merchant in Philpot Lane
In London
p Capt? Eueling
post script
Brother Vpon the remouall of the goods and other things in my
house aboue Specified my wife your Sister earnestly entreats
you that great Care may be taken of a great trunck w6b stands
in her Chamber betwixt the bedd and the Chimney there being
in it seuerall bottles of Cordiall Waters and Likewise some
flent glasses which Avill all be broke if not with great Care
Carried away ; it is alsoe requested that as much Care be
taken in the remouing my wifes best Chest of drawers and
that an Exact accompt be taken of the things in them and
lastly that my Scritoire in my dressing roome be Carefully
remoued alsoe which is all at this time from
Your Lo : Bro in Law
p Capt? Eueling I send y" herewith a Bill of \
Exc! for Cap' Evelin's dutys drawne t 501: 16": 04*
14 July 1679 on Tho. Griffith for the sume of i
on Bro. N. Lowe in fauour Yours,
of Mf Rawlins for fiue pounds sterling C. B.
Maryland Jully 15* 1679
Mf Byard.
I am informed by my wife of your great Care and kind
nesse vnto my Children for which I kindly tlianke you I alsoe

315
am aduised that you haue layd out in necessaries for my
Children to the vallue of four pounds sterling or thereabouts
which sume if it be not already allowed and paid you by my
Brother Nick Lowe you may demaund it of him and alsoe the
sume of fiue pounds sterHng which with the five pounds lent
you by my wife at Chelsey will be tenn pounds which sume I
intend you as a recompence for yo' Care and trouble about my
Children and soe I rest Your Loueing freind
To Mf Byard at Chelsy C. B.
neere London p Capt?
Christopher Eueling. Maryland 15* Jully 1679.
Good Brother
That which I haue written to Mf Byard in the aboue letter
to her I desire you will doe me the fauour to Comply with
(viz) in relation to the mony aboue mentioned and Charge
what you pay vnto her to the accompt of —
Your Lo : Bro : in Law
To Mf Nicholas Lowe C : B :
mer? in'Philpot Lane
In London. Maryland 14* Jully 1679
Dick Burk.
I haue appointed my Bro : Nick Lowe Mf Thomas Gilbert
M' Barnaby Dunck and your selfe to be my attorneys
Reuoaking the former power I left w'.b Copley; Arthur, and
Allibond and wheras I haue writ to my Brother Nick Lowe
to Joyne with you and Mr Dunck in the setting of my house
yet if the times should be any thing more faueorable I would
then haue you tell my brother from me that you & he may

316

forbeare letting of it vntill my further orders to you and the
rest of my attorneys by the first shipp from hence next fall
I rest
C. B.
14* July 1679
Brother Lowe
I did by a former order as now I doe againe by this desire
yon to pay out moneys to My seruant Richard Burk for the
occasions of my Children and alsoe to reimbourse the said
Burk all such moneys as he had lay'd downe in necessaries
for my Children afore that order of mine came to your hands,
or since and that what moneys you pay him for the occasions
aboue Specified you take perticular receipts from vnder his
hand the Avhich I desire you to keepe for
Your affec Bro : in Law
To Mf Nicholas Lowe— C. B.
In London. 14* July 1679
M' Dunck
This goeth by Capt? Christopher Eueling and is the last
opportunity I shall haue of sending to you vntill the returne
of the shipping by Capt? Sheppard Comandf of the Se George
who is yet in Pottomock, I writt you a letter dated the first
of June & therein were inclosed seuerall bills of Ex! for the
sume of 143218: 78: 2d the second bills for which sumes as alsoe
a Coppy of that letter I send you heerwith ; I Likewise haue
heere Enclosed a letter of Attorney to your selfe Bro : Lowe,
Mf Thomas Gilbert and Dick Burk for you to act in my be
halfe in Case of any Law of suits which may happen about
any part of my Estate in England or Ireland or on any other

317
occasion whatsoeuer, desireing you as I haue formerly donn to
Enquire after my Children and to knoAv of Dick Burk how
they are furnished, and supplied by my brother Lowe whome
I haue desired to supply theire wants, he haueing moneys of
mine in his hands to that purpose. There was shiped on the
Virg! factor Robert Jowles Comandf thirty fiue hhds of
tobacco on my accompt, and fifteene vpon Thomas Notleys
accompt who is dead and I and Coll Rozier are Executors to
his Estate soe that I desire those fifteene as well as the thirty
fiue may be sould by you onely I desire that the accompt may
be kept seuerally. I haue drawne a bill of Ex! on you in
fauor of Richard Burk for forty pounds ster. which when
tendered pray Comply with being dated the 10* instant a bill
drawne on you of the same date for tenn pounds paiable to
Mf Mary Darnall and one other of the like date for twenty
pounds paiable to Mf Phillip Darnall all which I desire that
you will be pleased to satisfie according to theire seuerall
tenours. And now I haue onely this to request that you will
be pleased to buy for me the seuerall particulars sett downe in
a memorandum heerwith sent you and that by the first and
safest opportunity they may be sent to me and that you will
be so kind as to write by all opportunities to —
Mine and wifes kind respects Your Lo : freind
to madm6 Dunck and the same C. B.
to your brother 14£ July 1679
Cosen Gilbert
I hope you will be so kind as to excuse the trouble I hereby
p'sume to throw vpon you, and not onely this but likewise
that you'll pardon me for nominateing you one of my Attor
neys w6b I begg you'll please to accept of your Relatione to

318

my wife and y' greate kindnesse & Civilitys to me vpon all
occationes when I was in England makes me thus bold \vith
you ; Assureing you when it shall lye in my way to seme you
I will as readily do it as any Relation or freind you haue : I
haue herewith sent a lfe to the Ld Anglesey and one to the
Lord Tsaueonberge wcb I begg you'll favour me to deliver
w* your owne hand, and putt theire LordPE8 in mind of theire
kindnesse they promised to shew me in my Absence and that
I would haue returnd this shipping but haueing lost him that
was my Lieu' Gen1 here and the greate Apjirehensions of
mischiefes from Forraine Indians w°.b the managem' of Affaires
in Virginia hath drawne on vs occationes my stay vntill the
next returne of shipping ; And if any thing relateing to my
Province should be moved at the Councell for Forraine Plan-
tationes that you Avould please to appeare there for me and
lett thm know the reason I returne not as I once resolved to
haue don : S' Rob' Southwell who is Cheife Sccrf to the Lords
for Plantatione affaires will acquaint you if any thing be
moved at that board, to whome give my humble service ; and
if you can when the other occationes will permitt it present
my humble service to the Marquis of dorchester and Lord
Craven and desire the continuance of theire Lopps. favour
towards me you will herein highly oblige me Avhome you shall
ever find gratefull for what civilitys and favours you think
fitt to lay on deare Cosen Yf Affec? freind & serv'
C. B.
Coppys of Ires to Mf Barnaby Dunck from the 24?!' of No-
vemb' 1679 to the of 1680.
This is by a Beddiford vessell, named the beginning one
Atkins Mf & being the first bound from these parts, I thought

319
it necessary to giue y? notice of my receipt of yours of the
7* August with the enclosed ace? of Daniell Arthurs ballance
w°.b y? haue reel Cap? Phillipps, Oswold Wheatly, young
Edw? Paine and Cap? James Strong being arriued here from
Lond? and now your Bro : Walter is dayly expected by whome
I hope to receiue a further ace? from y? of the bills of Ex?- 1
sent y? by Cap! Eueling Comand' of the York Merch?, which
were duplicate and the second Bills to those which went w*
Cap? Sheppard both w6b Shipps I was informed by Strong
were iust arriued in the Downes as he sett saile from thence.
I and my wife hold our selues much obliged to y? for yof great
kindnesse and Care of our Children as also of my concernes
in yo' hands for w?h I will endeavour to make some suitable
returne in any thing wherein I can serue y? and yof By the
first Lond? vessell I will giue y? an answer to yof aboue
menconed and hope to be able by Phillipps to consigne a small
quantity of my Ridge tob : haueing an ambitione to send
some in that lucky Shipp. Mine and my wifes kind respects
to Mad! Dunck w* the same to yof selfe I rest
Yof Loueing Friend
Vast Cropps of Tob : made in
virg* and this Province so that
I do expect it will be a drugg ; its sayd that there is made
this last Cropp in Virg?- as much as has beene in tliree yeares
togeather and in Maryland the greatest Cropp that euer I
heard of. Decembf 30* 1679
Mf Dunck
This goeth by Cap? Phillipps who this day came from
Arrundell into Patuxent River and only Stayeth for this Ire.
On Christmas day your Brother Walter came into Patuxent

320

w* the Charles and is now going up with her to Severne from
whence is expected within three dayes the Lone Oswold
Whcately Comandf Yof p yof Bro : Walter I haue recd for
which I kindly thank y? and for the trouble y? haue in my
Concernes I haue not had any Leisure as yett to pervse any of
yof xlfes so as to be able to returne that answer which I intend
to make by the next opportunity and' shall only now. desire
y? to take notice by this that if my howse in Southampton
Buildings be not lett out that it be kept vnlett and my goods
to remaine therein haueing changed my resolutions touching
my Children Avhome I now resolue shall Hue togeather there
and to that end I am resolued to haue my Son Cecill sent for
to towne hopeing by May to be with them my selfe. I am
satisfied from severall hands of yof Care and kindnesse to
them the which 1 pray continue towards them and also that
y? Avill take Care with my other Attorneys that my Concerns
now in Chancery may not suffer for Avant of good Councell
and such necessary disbursements on them as my Seruant
Richard Burke shall informe y? from whome y? Avill haue an
ace? of what I can but in short now hint vnto y? being re
solued to enlarge in this and other matters Avhen my howse is
Cleere from the Crowd of people which this Christmas I haue
with me. By the Crowne Malegoe I send y? tenn hhd.8 of my
Ridge Tob : which I desire y? Avill lett goe Avith the rest to
Holland where I hope for a good markett it being good bright
Tob : and Suitable to that place. Mine and my wifes respects
to yo' selfe and Mad? Dunck I take Leave in haste —
Yof Trudy Loueing Friend —
I haue rec? all the goods y.° shipt and
sent me on the Charles with my
thankes for the same —

321 Feb. 13'b 1679
This serues Cheifly to advize y? that I haue drawne three
bills of Ex? all of one Tenor and date for thirty pounds three
shiUings sterling payable vnto Mf Wm Meade or his ordf haue
ing rec? the value thereof of Mf Robert Roberts which I de
sire you will punctually Comply with and the same place to
the ace? of Yof very loueing Friend
To Mf Barnaby Dunck
Merch! att S? Marie Hill Lond° Feb. 26tb 1679.
Mf Dunck
Sr. I haue drawne on y? this Day three Bills of Ext all
of one tenor and date for the Sume of three hundred fifty fiue
pounds Sterling payable att thirty day sight to Mf Katharine
Grudgefield or her ordf in part of fiue hundred pounds
sterling a Legacy left her by her Bro: Thomas Nottley
Esqf Dec? late Govenour of Maryland which Bills pray
accpt and pay punctually according to tenof take receipt for
the same and place it to the ace? of Yof Loueing Friend
To Mf Barnaby Dunck
Merch? att S? Marie Hill in Lond?

41

322

No. 18.
WILLIAM PENN TO CHARLES, LORD BALTIMORE.
[Indorsement.] W?1 Pens Letter to my Lord
Baltemore of the 10* of Aprill
1681
[Superscription.] For my Honor?
Freind the Lord
Baltimore
Govf & Propr" of Maryland
Westminster 10* 2T Ap. 1681 —
It haueing graciously pleas'd the King vpon divers good
considerations to make me a neighbour to Mary-land, I
thought it necessary to make some offer of Freindship, & give
a fitt rise for a future good correspondence. I omitt the Per-
ticulers of my pretentions, they are so kindly & amply
exprest in the Kings letter & to a man of good sense, 'tis
enough to be once told of the matter.
The Bearer is a Gentleman & my Kinsman, to whom I
haue left the manage of my affaires ; as his integrety will in
sist vpon my right, his prudence & experience will always
guide him from an indecent thing. I only begg one thing
'tis short but the text of all th' can be said, do to me as thou
wouldest be done to. I am a strainger in the affaires of the
Country, he can haue little light from me, I do so much de
pend vpon the influence & prevalence The Kings goodness
Avill haue vpon thee, th' I omitt to be any further solicitous,
belieueing th' a great & prudent man, Avill always act w* cau
tion & obedience to the mind of his Prince; so th? this

323
lett? was rather to be civil, then to pass so ill a complem'
vpon the Lord Baltimore, or the Kings letter, as to think it
could giue any aide to the one, or light to the other.
I shall conclude w* this request that It would please thee
to giue my Cousen & Deputy all the dispatch possible in the
business of the bounds th' obsemeing our just limitts in th' &
aU other things we may begin & mantaine our Just & freindly
intercourse wob I do here promess to endeavour & obserue on
my part w* all the truth & care Imaginable ; & whateuer
favours he receiues, I shall place to my account ; & perhaps
there are many Avays by w6h I may discharge them, w6b may
giue the Lord Baltimore reason to belieue I do not undeserue
the usage & quality of his Very true Freind
My Respects to thy lady W1? Penn.
My Kinsmans name is William Markham.

No. 19.
WILLIAM PENN TO FRISBY, JONES, AND
OTHERS.

[Indorsement.]

[Superscription.]

W? Penn's Lre of
the 16* 7b6r 1681 to
some Inhabitants
of Baltemore County
and Cecill County.
For James Frisby,
Edw? Jones, August

324

[Indorsement.]

Seal.
Penn
Akms.

Herman George
Ouldfeild, Henry
Ward & Henry
Johnson at their
Plantations in
Penn-Sylvania
received this let? out of th?
hands of Jn? Highland comming
from Sy' Wf Penn from London,
with Mf Haige, at my house in
Bohem. man?' the 14. January A? 168J
into my Custody. '
Teste Augustine Herrman-

London 16* 7bI8 1681
My Freinds
I hope I do not improperly call you so, because in being so,
you will extreamly befreind your selues, as well as perform
an act of Duty to the King & Justice to me.
I am equally a strainger to you all, but yf being represented
men of substance & reputation in th? part of the bay, w°.b I
presume falls within my Pattent, I chose to take this opertu-
nity to begin our acquaintance & by you w* the rest of the
people on yf side of my Country & do assure you & them,
th' I will be so farr from takeing any advantage to draw great
proffits to my selfe, th? you shall find me & my goverm? easy
free & Just and as you shall study to be faire & respectfull to
me & my Just Interests, I will not be short of giueing you
all reasonable assurances on my part th? I will Hue kindly &
well w* you & for this you haue my word under my hand. I
think fitt to Caution you, (if within my bounds, as I am ready

325
to believe, but I desire no more then my own) th' none of you
pay any more Taxes or Sessm'.8 by any order or law of Mary
land ; for if you do, it will be greatly to your own wrong as
well as my prejudice ; though I am not conscious to my selfe
of such an insufficiency of poAv' here w* my Superiors as not
to be able to weather th? difficulty if you should. But the
opinion I haue of the Lord Baltimores Prudence as well as
Justice & of your regard to your ov/n Interests & future good
of your Posterity, makes me to waue all objections of th? na
ture & to hope we shall all do the thing th? is Just & honest
(w°.b is allways wise) according to our respectiue stations. I
have no more to add, but my good wishes for all yf happiness,
& th' by the help of Almighty god, next Spring, you shall
haue some testemony of my best endeavours to contribute
towards it, as becomes my Duty to god, to the King & to
their people. I am
Pray Salute me to 1 Your Reall Frd :

}

all yf Neighbours J W? Penn.

No. 20.
WILLIAM PENN TO CHARLES, LORD BALTIMORE.
12 March 168$
lfe to me from M' Pen
being in to the Ld Baltemores
of the 24* of Janu' 1682
My Noble Freind
I must needs hold my selfe obleidged to thee for the Civil
Reception I found in Maryland as well as th' respect th' was

326
shown by the last express, the news it brought gave Credit
to a Runier I was unwilling to receive, I mean the death of
thy Uncle, a man of Prudence & Ingeneous Conversation. It
is a Sermon of Mortality, & so much vigor to be so soon
vanisht, shows w? fraile things Ave are, & how little we act the
Avise & the good men to persue w* stifness a comfort th' can
not keep us Company further then the grave.
My many & urgent businesses would not give me leave to
send the Inclosed sooner, I hope the delay has proved no
manner of disappointment to thee of an Apology in this af
faire I will say no more till we meet. A Story came the other
day to my Ears that the Lord Baltimore was w* Cap' Conway
at Cap? Wards, their takeing an observation, as also up the
Sasquehanagh River; but I gave no Credit to it, takeing it
for graunted That I should have had notice of so neer an ap
proach from the Lord baltimores order, the thing being of
th' moment & in me disrespectfull had I had reason to have
beleived it, not to have waited vpon him, & he so neer. I
hope by the end of this month, to have some prospect when I
may attend thee (the Gen1.1 Assembly sitting at this time) I
am extreamly desireous to yeild in all points not essentially
distructive to my right, & the great & Costly merrits of my
Cause, resolveing w* much care & affection to approve my
selfe Thy very Loveing
My Respects Neighbour & True Frd :
to thy lady Wm. Penn.
Philadelphia
12* lr 83
The narrative inclosed to me had its defects w?b our 2d in-
tervew may help

327

No. 21.
WILLIAM PENN TO CHARLES, LORD BALTIMORE.
[Indorsement.] Mf Penns Lre of the
30* May (83) to the
Lord Baltemore
My Noble Fr?
Major Sawyer being yet behind, I embrace the opertunity
to recommend to the Lord Baltimore thos divers amicable
proposals & expedients that I offerd to him for an happy
issue of our present affaire. This is so necessary to me, & of
th' mighty moment, (both w* respect to the plantation of
yf side of my Country, av* a number of people ready to seat
it) The injoym? of my famely (a comfort inestimable here
below) now at a great distance, & must so remaine till this
dispute be ended) & finally the settlem? of my heirs in an un
disturbed Right before I dye. That he will excuse my im
portunity for his Speedy & final resolve ; haveing upon
serious thoughts, determined w* myselfe, to embarque for
England by the first Conveniency. If the Lord Baltimore is
not pleased to receive any of the former proposals; much
more If he should continue to think of any claime to any of
thes Lower Countys. And this I thought fitt to mention,
because I would not be often troublesome to the Ld Baltimore
& his people w* expresses in this hot season of the year. I
have no more to add, but that I hope the Lord Baltimore will
please to impute the meanness of his entertainm' to the
unexpectedness of the occasion, & th' he will give me leave to
assure him I am w* much sincerity & affection.
My Noble Frd
Newcastle the Thy very Resp'^ Fr?
30. 3"?° 83 W" Penn

328
No. 22.
WILLIAM PENN TO CHARLES, LORD BALTIMORE.
[Indorsement.] ,
6* of June 1683
Wf Penns Lfe to the
Lord Baltemore
My Noble Fr?
If vpon my arrival in this Province, I did immediately
dispatch my Secretary with two other gentlemen to Salute the
Lord Baltimore & assure him of my respects & frdshp's If so
soon as I had pay'd my duty to my Royall Patrone the Duke,
I did incontinently take a longe Journy in a cold and un
pleasant season, th' I might personally give him the further
Pledges, of a freindly agreement & neighbourhood. And if
I did then therefore wave to press myn own Advantages, be
cause I found it uneasy to him ; And lastly, if in my after
Correspondences, and especially as our last intervew, I have
declined the rigour of my plea & both propos'd and prest
some of the mildest & most healing expedients th' if possible,
wc might be the last Arbitrators of our own affaires without
the need of an other umpire, then the good will we ought to
bear to a mutual & lasting union, The Lord Baltimore, I
would think, will be so kinde as to lett me hope, he will par
don me if I stop here, & shall hold myself acquitted by the
endeavours I have used, w* so much Industry & submission,
for a freindly Issue. And if there were anything below what
I have already offer'd besides Ruine to my Province, God is
both my wittness & my Judge, I should be but too apt to
encline. My Noble Fr? I am not mov'd by the power of Ambition
or Avarice; It is Conveniency yea necessity th' bids me

329
stand. I deal freely. I have outrun all Councels, th' I
might purchase peace, tho' with loss ; but w'.b distruction, even
nature & Reason forbid. What I seek be it myn own, & so
my due ; or the Lord Baltimf & as such, if he please, my Pur
chase, It is of th' minute Consequence to him & mighty mo
ment to me, because to his Country the Tale or Skirt, to my
Province the Mouth or Inlett, that the disproportion of the
vallue & Conveniency th' it beares to either of us, will
defend, at least, indulge my greater Importunity ; And yet
while the advantage seems to be mine, It is most manefest it
will be greatly his proffitt to comply ; since it will lay his
Province between tAvo planted Countrys, And the People
transporting themselves to Pennsilvania in Ships consign'd to
Maryland and thos ships yearly bringing such englesh goods
as we shall Avant, will naturally draw our people into his
Province to furnish themselves, & to make Maryland the
Mark of english Trade, at least for many yeares.
What shall I say, My Noble Freind, if the powerfull
charmes of interest, if the Love of good neighbourhood, if
th' w°b is always to be prefer'd, w* Persons of the Lord Balti
mores Loyalty, I mean Duty to the King, prevale, I must yet
promess myselfe an agreement in some faire & happy ex
pedient, & lay by (w°h shall be av* delight) the thoughts of an
englesh voyage, th' else, the state of my affaires here, & of my
famely there, will of necessity obleidge me to & th' speedely.
I shall end av* this assurance wob I have often Given, and
shall most religiously observe, that I shall sincerely embrace
all occasions by wob I may approve my selfe
My Noble Fr?
Thy very Firme
Philadelphia & Affect. Fr? & Neigh:
6sh 4™ jn 83 W? Penn
42

330
No. 23.
CHARLES, LORD BALTIMORE, TO WM. MARKHAM.
[Indorsement.] His Lor?!8 Letter to Markham
of the 5'.b of June 1682.
Munday the 5* of June 1682
Sf I haue receiud yo'.8 of the 26* of the last month and am
Sorry it came noe sooner to my hands for I haue dispatcht
some Gentlemen away to meet you at the time Appointed and
therefore am no Avise Avilling to put of this buisnesse of the
ascertaining the bounds betwixt M* Pen and me There are
many Reasons to be giuen by me for it but at present shall
only offer you these two, ffirst that by a letter from his Most
sacred Maiesty procured and sent by the said Penn I am
Commanded to joyne with M' Penn or his Agents for the
speedy settling our bounds and then Mf Penns OAvne letter
Avhich you brought me prest very much the same thing;
Secondly that M' Penn the last shipping writt and sent in a
letter to seuerall Gentlemen of note that are Certainly within
my Prouince as M' Augustin Herman Capt? Ward, Coll
Wells &c hinting to them that he was confident they would
come within his Gouerm' a thing not kindly taken and to be
plaine not according to the Goulden rule mentioned in
Mf Penns Letter to me, Doe to thy neighbor as thou wouldst
he should doe to thee Now certainly such proceedings were
not Neighbour like and Avhen I haue the happiness to see my
friend I must be plaine w* him as to that point for as I de
sire noe more then my due soe I take it very vnkindly that
some of the Inhabitants vp the Bay should be soe Posest as

331
they haue been by th* Letter of Mf William Penns — ffor
these reasons Sf I must begg leaue to say I will not admitt of
any further delay you well knowing th' yo' Late sickness has
bin the only hinderance hitherto. Let me therfore now presse
you to send persons qualified and equally impowr'd av* those
persons who on my part are already gon and will be in all
probability with you afore this will arriue at your hands I
haueing Possitiuely orderd them to request the same from you
on the behalfe of Yo' faithfull friend & Seru?
C. B:
Superscription To the Ho'."5 Cap? W?1 Markham
Gou' of Pensiluania
hast hast Post hast.

SUPPLEMENTARY NOTE.

When the Calvert Papers were presented to the Society on the 10th
December last the corresponding secretary, in concluding his account of
their finding, expressed the hope that some member, visiting England,
might feel sufficient interest in the subject to ascertain, if possible, the
facts, first as to whether these papers are those supposed to have been
contained in the two chests seen in the British Museum in 1839; and
second in regard to the papers said to have been buried. It is therefore
with much satisfaction that we are enabled to state that during the past
summer Mr. Julian LeEoy White, a member of this Society, undertook
the investigation with results which he narrates in the following letter,
read at the October meeting of the Society.
Mendes Cohen,
November 1, 1889. Corresponding Secretary.

Baltimore, October 9, 1889.
Dear Sir, —
According to your request I give you an account of the search for the
Calvert papers alleged to have been buried.
On the 9th of July last I met Col. Harford by appointment at " Down
Place." He showed me the rubbish heap on his grounds where his former
butler, Keep, had as the result of his instructions buried tlie papers
eight or ten years ago. He was uncertain as to date, exact site or quantity
or quality of papers buried, but was quite willing that I should examine
the ground, and was altogether very obliging, taking trouble to assist me.
After no little effort Keep, the former servant of Col. Harford, was found
in London and brought to " Down Place," where I had already provided
a small force of laborers. 333

334

Keep told me that he had buried the papers because they would not
burn. He had first been told to burn them, he said, and I gathered from
him that the best looking papers were removed from the heap before they
were dumped by him loosely, and not enclosed in any box or chest, into
a hole prepared by him. These selected documents I understood were
included in the collection which we secured last year.
Col. Harford's mother, Keep said, was very careful of these papers, but
at her death the place was for rent and the tenant objected to having this
load of papers kicking about in the cellar— hence the order to burn.
Keep said that he had taken his bearings carefully at the time of the
burial, thinking that the documents might be wanted again ; and showed
me exactly where the papers should be within a foot or two.
Here with three men to dig we worked away until we had pretty well
examined a space of more than ten feet square, going down below the
lowest point that Keep could have reached, cutting through roots of trees
and into quite wet ground. We found nothing of the papers.
While the work was proceeding Col. and Mrs. Harford came and looked
over an adjoining fence. Mrs. H. said to me : " I wonder if he ever buried
them." This in brief describes the searcli which was most carefully made, and
which covered a period of several days, in fact from the 5th to the 17th
July. The conclusion would seem to be, that the papers were either entirely
destroyed before our search by their long exposure in the damp earth ; or
they were never buried, but possibly sold as old parchment or waste paper.
Tho latter alternative seems tho more probable as it is hardly possible
that if buried there should have been no vestige left of this mass of docu
ments, many of which were of parchment.
I need not say that I regret very much that I could find nothing to
bring back to the Society. Believe me,
Yours very truly,
J. LeRoy White.
Me. Mendes Cohen,
Corresponding Secretary,
Maryland Historical Society.

z,y

REPORT OF THE COMMITTEE

ON THE

WESTERN BOUNDARY OF MARYLAND.

A Paper read before the Maryland Historical Society,

December 9th, 1889.

laltimors, 1890.

REPORT

OP THE

COMMITTEE

WESTERN BOUNDARY OF MARYLAND.

REPORT

or THE

COMMITTEE

WESTERN BOUNDARY OF MARYLAND.

-.1

Sfimd-1£Pubitcation, HJlo. 20.

REPORT OF THE COMMITTEE

ON TH]

WESTERN BOUNDARY OF MARYLAND.

A Paper read before the Maryland Historical Society,

December 9th., 1889.

$nllimun», 1890.

PEABODY PUBLICATION FUND.

Committee on Publication.
1889-90.
HENRY STOCKBRIDGE,
BRADLEY T. JOHNSON,
CLAYTON C. HALL.

Printed bt John Mdhpht & Co.
Printers to the Maryland Historical Society.
Baltimore, 1890.

REPORT.

THE original boundaries of the Province of
Maryland were laid down with unwonted
precision in the charter which created it.
These were : the fortieth parallel of north latitude;
a meridian line running south to the Md. charter
first or most distant fountain of the Poto- in
Md. Arch.
mac — ("ad verum meridian um primi Council,
fontis fluminis de Patowomack") thence Appendix
proceeding southward (" deinde vergendo
versus meridiem ") to the farther or western bank
of that river, and following that bank to a specified
point at the mouth of the river where it debouches
into the Chesapeake; thence by a straight line
across the bay to Watkins Point and onward to
the ocean, and thence by the ocean and Delaware
bay and river to the fortieth parallel.
The only one of these courses that was at all
uncertain at the time the charter was granted, was
that at the extreme west. The country to the west
of the Alleghanies was then altogether unknown.
2 " 5

Indeed, for many years the geography of the con
tinent was so little understood, that Herman, in his
map (1670), considers the mountains about Cum
berland to be the central ridge between the two
oceans. The point at which the meridian line was
to begin had, therefore, to remain undetermined
until it should be found which was the furthest
source or first fountain of the Potomac : in other
words, which of the branches of that river took its
rise farthest from its mouth. This point settled,
the spring-head or source of that branch determined
the western boundary of Maryland.
In 1649, Charles II, then a fugitive in Holland,
Boundary granted to Lord Hopton, Sir Thomas Cul-
°m85. ep' peper, and other exiled royalists, a tract of
M<i'832Ct8' *anc* *n Virginia, lying between the rivers
Ees. 128. Rappahannock and Potomac, and running
down to the Chesapeake Bay. Under the common
wealth, this remained, of course, a mere grant on
paper; but after the restoration the grantees, or
rather their heirs and assigns, proposed to avail
themselves of their rights. Certain questions
having been raised as to the validity of the original
grant, these claimants surrendered their patent, and
in 1669 received a re-grant, under the privy seal,
of the lands in question. This grant, however,
conveyed only a title to the soil, which still
remained a part of Virginia, and subject to her

jurisdiction. It was not an enlargement of the
territory of Virginia, but a grant within Virginia,
and necessarily limited by the boundaries of that
colony. The Virginians were violently opposed to this
grant, which placed the ownership of a
a a a j> , •, • i ¦ McMahon,
vast extent ot territory within two or Hist. Md.,
three hands ; and in 1675 they sent agents p' 5°'
to England to remonstrate against it, or, if remon
strance were unavailing, to buy out the grantees'
claims ; but without success in either case.
By the year 1688 the whole title had vested in
Thomas, Lord Culpeper; and James II va.Acts,
granted him a new patent for the whole 1736-
tract. This descended to Catharine, his daughter
and heiress, who brought it in marriage to Thomas,
fifth Baron Fairfax of Cameron, in the Scottish
peerage. Lord Fairfax proposed to reap some
advantage from his immense territorial possessions,
which were still unsurveyed ; and in 1733 petitioned
the King for the determination of his boundaries
by commissioners. The petition was granted, and
six commissioners were appointed, three represent
ing Virginia, and three the Crown, who determined
the boundaries separating his grant from the rest
of Virginia. The grants had all called for lands
lying south of the Potomac river; and consequently
there was nothing in them interfering with the

8
rights of Maryland. For this reason, probably,
Charles, Lord Baltimore, made no attempt to have
Maryland represented on the Commission. But
when the question arose, which was the Potomac
river, or which of the two great branches which
unite to form it was the longer, the com-
Dinwiddie °
Papers, ii, missioners (in 1736) concluded that the
North Branch was the longer; Maryland,
whose territory was at stake, having no voice in
the matter. In 1745, Thomas, sixth Baron Fairfax,
Ibid., I, 19. ' '
Faulkner's came to America ; and on October 17, in
the following year, surveyors engaged to
run the line in conformity with the report of the
commissioners, planted " the Fairfax Stone " to
mark the northwestern limit of his grant. In 1748
the Virginia Assembly approved the line run by
the commissioners, it was confirmed by the King
in Council, and Fairfax opened an office for the
sale of lands.
News of these proceedings reached Frederick,
Md Lord Baltimore, and in his first letter of
Archives, instructions (1753) to his new governor,
(MS.) ' o .
Lib. j.k., Horatio Sharpe, he protests against this
see Ippen- invasion of his territory, and directs the
dlxB- Governor to look into the matter, and
to open correspondence with Lord Fairfax with a
view to a settlement of boundaries between them.

9
When these instructions were laid before the Mary
land Council, they proceeded to inform themselves
about the lands in question and the length of the
rivers. They called before them Col. Thomas
Cresap, a settler in the extreme west of the Pro
vince, who knew the country well ; and he assured
them that the South was the longer ibid., P. 13.
branch, running, as he believed, about sixty miles
northwest farther than the North Branch.
Sharpe also wrote to Fairfax, calling his attention
to the fact that the South Branch, accord- Md. Arch.
ing to the best information, was the true corrc^nd-
source of the Potomac, and proposing that ™oe, 1, 6, 7.
they should unite in determining the cor- dix c.
rect boundary. Fairfax replied that he was of
opinion that it would be to his advantage to have
the South rather than the North Branch as his
boundary ; but that he thought the two governors
were the proper persons to settle the question. He
apparently believed that what he should gain by
the extension of his territory to the west would
more than offset what he should lose between the
two branches. Colonel Cresap, in the next year,
made a survey of both branches, and sent SharPe,
Governor Sharpe a map of his drawing, Corr- :- 72-
in which their position and length are pretty accu
rately laid down. A copy of this map is Appendix
appended to this report.

10
Sharpe, it is evident, was prepared to take all
necessary steps for asserting and securing the
rights of Maryland ; but the outbreak of the
French and Indian war in the next year (1754)
prevented further action. We find him
Sharpe, Corr., writing to the Proprietary in 1756 that
" no survey can be safely made within
eighty miles of the South Branch by less than a
body of 100 or 200 men."
i^es Ams ^n 1^62 Colonel Cresap wrote in person
caivert to the Proprietary confirming his previous
Pap's. statements and adding particulars.
The treaty of Paris, in 1763, which closed the
war, gave an opportunity for a final settlement of
the question ; but the King, finding it necessary to
adjust the boundaries of his colonial possessions,
and to carry out his agreement with the Indians,
Md Arch, issued a proclamation prohibiting the colo-
m nial governments from granting any lands
u. s., lying west of the heads of rivers flowing
Appendix into the Atlantic from the west and north-
E- west. About the same time the Proprie
tary conceived the idea of reserving for himself a
manor of 10,000 acres in the western part of the
Province, and sent out orders that no lands beyond
Cumberland were to be granted to settlers until
this manor was laid off. These causes combined to
prevent settlements in the extreme west of Mary-

11
land, which otherwise would have led to a final
settlement of the boundary. Governor Pigman,g
Eden, however, in 1771 appointed com- ReP- 1834-
missioners, of whom Cresap was one, to survey and
mark the head of the South Branch. He did so ;
marked the spot with a stone bearing the letters
CLDB, and continued the line northward. On
completing his labors, he filed a very accurate map
in the Land Office.
In May, 1774, Mr. Jenifer, the Proprietary's
agent, remonstrated against the action of the Board
of Revenue, who were opening to settlers the lands
ofthe "Western Reserve," as it was called, telling
the Board that while there was no doubt that the
South Branch was the true boundary of the Pro
vince, yet that it was inexpedient to grant lands in
the territory claimed by Fairfax while the Propri
etary was waiting an opportunity to bring the
whole matter before the King. The Board reply
that it is not for them to take any action proc.
which may tend to prejudice the Propri- Eeven°e
etary's claims or imply any doubt as to McMahon.
their validity. " The Proprietary," they say, " has
lately been at the expense of running a line to the
South Branch ; and if the Virginians hear that he
doubts about the extension of these limits, it will
be an encouragement to them to begin to throw
stones." Holding this view, they continued to

12
grant lands in the Western Reserve until October,
1774, when instructions were received from the
guardians of the new Proprietary, Henry Harford
(a minor), to suspend all further grants of the
reserved lands.
Thus the question stood at the outbreak of the
Revolution. Fairfax still held the northern neck
under the royal government of Virginia ; and when
that colony assumed the position of a sovereign
State, he held it under the State government. In
1785, on account of the alienage of Denny Fairfax,
McMahon, devisee of Lord Fairfax, the Virginia
p,B9, Assembly claimed the land as forfeit;
but this claim was not upheld by the Supreme
1813, Court of the United States.
7t J?0r7anc ' At the outbreak of the Revolution,
(McMahon.) the^ ^e question was still unsettled.
Maryland claimed her western boundary under
her charter, which had never been revoked or
broken ; and this claim had never been yielded,
waived, or compromised. This claim, from the
first, was to the farthest source of the Potomac,
whichever that might be found to be ; and undis
puted surveys had shown that the South Branch
took its rise from the farthest source, and was
therefore the true boundary of Maryland.
Virginia recognized the equity of Maryland's
position, and in her first Constitution, adopted
June 29, 1776, inserted an article confirming to the

13
State of Maryland, in the fullest and most explicit
manner, all that the latter claimed. The words are :
" The territories contained within the charters erecting the
colonies of Maryland, Pennsylvania, North and
South Carolina, are hereby ceded, released, and 1776,
forever confirmed to the people of those colonies
respectively, with all the rights of property, jurisdiction, and
government, and all other rights whatsoever which might, at
any time heretofore, have been claimed by Virginia, except
the free navigation and use of the rivers Potomac and Poko-
moke, with the property of the Virginia shores or strands
bordering on either of the said rivers, and all improvements
which have been or shall be made thereon."
Though this was full and complete enough, yet
the phraseology " ceded " and "released" implied
an assertion of rights which Maryland had never
admitted. The first Constitutional Convention of
Maryland (October, 1776) was by no means dis
posed to allow the State to be represented as the
recipient of Virginia's bounty ; and in order that
her position and claims might be perfectly clear,
this article of the Virginia constitution was taken
into consideration, and the following resolution
adopted :
" Resolved, unanimously, that it is the opinion of this Con
vention that the State of Virginia hath not any Jour. 0f
right or title to any of the territory, bays, rivers, Convention.
or waters included in the charter granted by his majesty,
Charles I, to Cecilius Calvert, Baron of Baltimore."

14

After this disclaimer on the part of Virginia and
assertion of rights by Maryland, a compact was
Hening, made between the two States, Messrs.
Md. Acts Jenifer, Stone, and Chase being the com-
"* 5< missioners on the part of Maryland, and
(Kuty.) Mason and Henderson on the part of
Virginia, providing for riparian rights on the
Potomac, trespasses, the return of fugitives from
justice, etc. This compact was ratified by the
legislatures of both states in the same year, and
re-enacted in the Virginia codes of 1849 and 1860.
So careful was Maryland, on the one hand, not
to seem to waive any of her rights, and, on the
other, not to appear discourteous to Virginia, who
Md. Acts appeared so equitably disposed to her,
{™P that when, in 1788, it became necessary
Ch' 44- to allot portions of the Western Reserve
as bounty-lands to soldiers of the Revolution, care
was taken to set out the 2575 allotments in territory
north of the North Branch of the Potomac, and
running next to "the present supposed boundary
of Maryland." Under a resolution of the Assem-
Md. Acts, bly in the previous year, Francis Deakin
Ch7S44 nac^ been employed to survey and plot
Preamble, the lands lying west of Fort Cumberland,
and by his plot the bounty-lands were laid out.
But to avoid all misconstruction, in the same act
the Assembly declared :

15
" That the line to which the said Francis Deakin has laid
out the said lots is, in the opinion of the General ? 15.
Assembly, far within that which this State may rightfully
claim as its western boundary ; arid that at a time of more
leisure the consideration of the legislature ought to be drawn
to the western boundaries of this State, as objects of very great
importance." As the Charter of Maryland was clear in the
definition of the boundary, and as the Constitution
of Virginia had pledged that State to acceptance of
the line laid down in the Charter, nothing now
remained to be done but to survey and mark the
line. In 1795, by a resolution of the Vid.
Assembly, Messrs. Pinkney, Cooke, and Mdlgf10ts'
Key were appointed commissioners on Ees- 128-
the part of Marjdand to meet a commission from
Virginia, and adjust the southern and western
boundaries of the State. Mr. Pinkney, however,
was sent on a foreign mission, and Mr. Cooke
declined to act, as did also Messrs. Carroll and
Chase, who were appointed in their places. Mr.
Key soon afterwards removed from the State.
In 1801 the Assembly, by a resolution, empow
ered the Governor and Council to appoint Md. ActS)
commissioners for the same purpose, and utmPra-
Messrs. Duvall, McDowell, and Nelson were ap
pointed on the part of Maryland. Part of the

16
correspondence between Governors Mercer and
Council Monroe has been preserved, from which
Rec, 1802, it appears that the Virginia legislature
Jun. & Nov. . .
(See appointed commissioners, but limited their
powers to a settlement of the western line.
In this correspondence Gov. Mercer points out that
the first step to be taken is to determine on which
of the branches the first fountain of the Potomac is
to be found. This point once settled, there could
be no possibility of dispute as to the western
boundary, which was a due north line from that
point; nor as to the south-western boundary, which
followed the right bank of the river. This disagree
ment seems to have prevented further proceedings ;
and though, in 1803, Governor Mercer, then in the
Maryland House of Delegates, recommended run
ning a provisional line until further steps
Md. Acts, & I r
1810. could be taken, nothing came of it. A
resolution of similar tenor was passed in
1810, but without results.
By the year 1818, Maryland seems to have grown
weary of attempts to recover her invaded territory,
and the Assembly passed an Act author-
Md. Acts, > J l
1818. izing the appointment of three commis
sioners to meet commissioners from Vir
ginia, and run a line from "the most western source
of the North Branch of the Potomac," due north to
the Pennsylvania line. Foreseeing that even this

17
line would inclose lands granted by Virginia, the
act provided for the regranting such lands free of
charge. This act, however, was not to be operative
until the Virginia legislature should have passed
an act with similar provisions. Virginia did not
act in the matter until 1821, when her legislature
passed an act indeed, but one differing materially
from the Maryland act. The Maryland act pro
vided for the ascertainment of " the most western
source of the North Branch of the Potomac" as the
beginning of the line; the Virginia act See
provided for the beginning of the line at Md18f1cts'
the Fairfax stone, which had never been Ees- 125-
recognized by Maryland, and, in fact, does not
mark the farthest source of even the North Branch.
Commissioners were, however, appointed by both
States ; but on their meeting, in 1824, the Virginians
produced their instructions, which, in themselves,
were of a character to bar all further proceedings.
The Maryland act, as has been said, instructed her
commissioners to ascertain the most western source
of the North Branch, and begin the line there;
while the Virginia commissioners were instructed
to proceed to the Fairfax stone and begin the line
there. In other words, the compromise (if we can
call so one-sided an offer a compromise) which
Maryland, much to her own injury, had offered,
was not enough unless she would concede all that
Virginia now chose to claim. The Maryland com-

18

missioners were not willing, nor had they the
power, to make this concession ; while on the other
hand the Virginians refused, or were not author
ized, even to investigate the pretensions of the
Fairfax stone to mark the farthest source of the
North Branch. The line must begin where Vir^
Boyie'sEep. ginia wanted it to begin, or not at all. So
mt-t' a^ negotiation came to nothing, and the
ch. 195. act of 1818 was repealed in 1825. Mary
land's offer of a compromise having been thus
rejected, she was remitted to her original rights.
In 1826 resolutions were again passed by the
Maryland Assembly providing for the
Md. Acts, Jt J i &
1825-6. appointment of commissioners to meet
commissioners from Virginia and settle
the boundary. In case of disagreement, the Gov
ernor of Delaware was to be requested to appoint
an umpire. This resolution was not to go into
effect until the Virginia Assembly should have
provided for a similar commission, and should
have pledged the faith of the State to abide by
its award. A correspondence between Governors
Kent and Tyler followed, but nothing came of it.
In 1832 the Maryland Assembly (probably stim
ulated by the very able discussion of the
Md. Acts, J J
i83i, question by McMahon in his History of
Maryland, published in the preceding
year) appointed a committee to inquire and reports —

19
1. What were the true charter boundaries of the
State. 2. Whether the southern and western boundaries
as laid down in the charter ought not to be taken
as the true boundaries.
3. What is the first fountain of the Potomac as
called for by the charter.
4. Whether Virginia had at any time recognized
the claim of Maryland to all the land included in
the charter.
5. Whether any survey could be found deter
mining the first fountain of the Potomac.
6. The nature of the boundary dispute, the steps
that had already been taken therein, and what
further action, in their judgment, should be taken
by the State to have the matter finally adjusted.
The committee reported at length. In answer to
the first question, they recite and explain Ibid.
the language of the charter. To the second Res- 128-
they say that the southern and western bounds as
laid down in the charter should be the present
boundaries of Maryland, that State having done
nothing to divest herself of her rights. They add
that the territory claimed is estimated to amount
to 462,480 acres. To the third, that the first foun
tain of the Potomac can easily be determined by
survey. To the fourth, they cite the declaration of
the Virginia Convention of 1776, and the resolution

20
in the Maryland Convention. To the fifth, they cite
Cresap's survey of 1771, on file in the Land Office.
In answer to the sixth, the committee review the
whole controversy in its various stages. They con
clude by recommending a commission similar to
that provided for by the resolutions of 1826,
"to settle and adjust by mutual compact between the two
governments the southern and western limits of this State,
and the dividing and boundary lines between this State and
the Commonwealth of Virginia."
As before, the Governor of Delaware was to be
requested to appoint an umpire ; and the action of
the Assembly was to have no effect until Virginia
had provided for a similar commission, and pledged
the faith of the State (as Maryland did), to abide
by its award.
In 1833 the Assembly of Virginia took action in
va. Acts, the matter, but it was action of a peculiar
See3Aphpe3n2- kind- No notice is taken of Maryland's
dixF. overtures nor of her previous attempts
to bring about a settlement: the act is worded
as if it were a spontaneous and independent move
ment on Virginia's part. It provides for the
appointment of three commissioners on the part of
Virginia "to meet such commissioners as may be
appointed for the same purpose by the Common
wealth of Maryland, to settle and adjust .... the

21
western limits of this State, and the dividing and
boundary line between this State and the Common
wealth of Maryland, to commence at the Fairfax
stone, or at the first fountain of the Cohongoroota,
or North Branch ofthe Potomac."
Of course this action, besides being in a high
degree discourteous to Maryland, was altogether
different from the Maryland resolutions. The
latter provided for a settlement by mutual compact,
the commissioners to investigate and determine
where the true boundary lay; the Virginia act,
while preserving the phrase "mutual compact,"
dictates the place at which the line is to begin, and
empowers its commissioners only to meet commis
sioners from Maryland appointed " for the same
purpose," that is, to begin the line at the Fairfax
stone, or the head of the Cohongoroota. It is evi
dent that no commissioners appointed under the
Maryland resolutions would have power to make
this concession ; and, in fact, the resolutions them
selves could not go into effect. Moreover, no
provision was made for umpirage in case of dis
agreement, nor was the faith of the State pledged
to abide by the award. It was, in fact, a rejection
— and a rude rejection — of Maryland's friendly
overtures. Indeed the Virginia Assembly evi
dently anticipated such an interpretation, and
provided that in case Maryland appointed no com-
3

22
missioners, the line should be run by Virginia
alone, in the way she wanted it.
This rebuff exhausted Maryland's patience. On
March 14, 1834, the Assembly passed a
Md. Acts, ' ' .
1833. temperately worded resolution expressing
regret at the rejection of their advances,
and instructing the attorney -general of the State to
institute proceedings in the Supreme Court of the
United States to procure a final adjustment of the
southern and western boundaries; but providing
that such suit should cease at any time, before final
judgment, if Virginia would accept the overtures
of 1832.
It seemed now at last that the question must be
definitely settled, either by mutual agreement or by
judicial decision. But the resources of Virginia
were not yet exhausted. Governor Tazewell, of
that State, in his message of 1834, adverted to the
matter, saying that Maryland had misunderstood
the Virginia Act of 1833; that it was really
intended as an acceptance, and not a rejection of
the Maryland overtures ; but that Maryland having
thought fit to assume a menacing attitude, it did
not now comport with the dignity of Virginia to go
into explanations. This message was not officially
communicated to the Maryland Legislature, but
reached them through the public press.

23
This adroit move was perfectly successful. The
matter having been referred to by Gov-
ernor I nomas, in his message, the special 1834.
committee to whom the subject was es'"'
referred, report that they see nothing in the matter
now brought before them which calls for " any
relaxation or change in the course deliberately
determined upon at the last session;" and they
wish it clearly understood that Maryland " seeks
or desires nothing which is not hers of right ; and
it is necessary for her honor that in a controversy,
however amicable, the terms of adjustment shall
not be dictated to her." The committee then refer
to the Virginia act of 1833, which they declare "not
only not in accordance with, but directly repulsive
of," the Maryland overtures, and "an undertaking,
in truth, by one of the parties absolutely to settle
and pronounce against the claim of the other."
But they add, that since they have learned from
Governor Tazewell's message that Virginia is will
ing to agree to terms of adjustment, "if the door of
explanation be not closed upon her," they will not,
for their part, let "any strained punctilio" stand in
the way of an amicable settlement ; and they will
repeal the resolution of March 14, 1834, direct the
attorney general to discontinue proceedings under
it, and now stand ready and desirous to settle the
long-pending controversy by amicable negotiation.

24
They were left standing in this amiable attitude.
Virginia made no further move.
The provisional line of 1787, or " Deakin's line,"
as it was called, had long done duty as a boundary ;
and as the State granted no lands beyond it, it
came to be looked upon — despite the emphatic pro
test of the Assembly of 1 788, as the true boundary
line of the State. In process of time the marks
became obliterated, and conflicts of title and litiga
tion arose between the holders of Maryland and
the holders of Virginia patents for lands in the
debatable territory. So in May, 1852,
Md. Acts,
1852. the Maryland Legislature passed an act
reciting these facts and requesting the
Governor to open a correspondence with the Gov
ernor of Virginia about the matter; and authorizing
him to appoint a commissioner, if the Legislature of
Virginia would also appoint one, which joint com
mission should run and mark a lino due north from
the Fairfax Stone, which line, when ratified by both
Legislatures, should be the boundary between the
States. As this was an offer to give up the whole matter
in controversy, it looked as if the contention was
about to be settled at last. Virginia responded by
an act of similar tenor in the following year. This,
however, was superseded by an act passed in
1857-8 of somewhat different scope. This pro-

25
vided for a joint commission to trace the southern
boundary from Smith's Point to the Atlantic ocean,
and the western boundary from the Fairfax Stone
to the Pennsylvania line.
As the Maryland act of 1852 only empowered
the settlement of the western boundary, Mr. T. J.
Lee, the commissioner appointed under it, met
Col. Angus W. McDonald, on the part of Virginia,
to carry out his instructions. By application to the
Federal government the services of an experienced
engineer, Lieutenant N. Michler, were secured, and
a line from the Fairfax Stone north to the Pennsyl
vania line was run and marked. This line, when
ratified by both Legislatures, was to be the definite
boundary. Maryland proceeded to ratify Michler's line by
an act passed March 6, 1860. Virginia, wi ,
1 ° Md. Acts,
however, did not proceed to ratification. i860.
In the session of 1859-60 the Virginia
Assembly passed two resolutions dealing with the
subject. In the first they provided for the
erection of suitable monuments to mark 1859-60. Res. 15.
Michler's line; and m the second they
authorized the governor to send an agent to Eng
land to collect record and documentary evidence
" tending to ascertain and establish the true lines
of boundary between Virginia and the States of
North Carolina, Tennessee and Maryland." From

26
this it would appear that they considered the
boundary question still open. At all events, the
ratification required by the act was not given, and
Maryland was once more remitted to her original
rights, her charter boundary and its acceptance by
the Virginia Constitutional Convention.
The outbreak of the war in 1861, and its results,
changed the status of the question. The State of
West Virginia was separated from Virginia, and in
her boundaries (which were designated by county
lines) were included those counties in which the
disputed territory lies. It was with West Virginia,
therefore, that the question would have to be
settled. The Legislature of West Virginia, at the session
w. va. of 1868, authorized the Governor to
^j' appoint a commission to ascertain the line
ch. 175. between West Virginia and Maryland,
commencing at the Fairfax Stone, and running
north to the Pennsylvania line, and to communicate
with the Governor of Maryland, with the view of
having a joint survey made. The reason of this
action was the fact that Michler's line having been
found more favorable to Maryland than the old
provisional, or Deakin's line, West Virginia took
the ground that as Virginia had never ratified
Michler's line, West Virginia was bound to nothing,
and the question was still open.

27
In 1884 the Maryland Assembly passed a resolu
tion by which, after the statement that
there was difficulty m ascertaining the 1884.
exact location of Mason and Dixon's
line, owing to the absence of marks, the members
of Congress from Maryland are requested to use
their influence to obtain an appropriation from the
Federal government " for the purpose of re-survey
ing and locating the said Mason and Dixon's line
by marking said Mason and Dixon's line with suit
able stone monuments, with the letters M. and V.
between the States of Maryland and Virginia, M.
and P. between the States of Maryland and Pennsyl
vania, M. and D. between Maryland and Delaware,
commencing at the Fairfax Stone at the head waters
of the north branch of the Potomac, thence running
northwardly with Mason and Dixon's line until it
intersects the eastwardly line dividing the States
of Pennsylvania and Maryland " — and so forth.
As the action contemplated by this resolution
was, on the face of it, impracticable, your Committee
have not thought it necessary to investigate what
further steps, if any, were taken in the matter.
In 1886 a resolution was passed in the Maryland
Assembly to the effect that as Michler's Md ^
line had not yet been adopted by West me.
J Pes. 6.
Virginia, the Governor of Maryland
should be requested to bring the subject to the

28

attention of the Governor of West Virginia, asking
him to bring it before the Legislature of that State
for such action as they might deem fitting.
In the next year the Assembly of West Virginia
w.va.Acts, passed an act confirming Michler's line,
„ 18.87' but not unconditionally. The act was not
See Appen- </
dix Q- to take effect until Maryland should have
passed an act or acts confirming all Virginia patents
to " lands situate .... between the new Maryland
line hereby established, and the old Maryland line
heretofore claimed by Virginia and West Virginia
to the same extent and like legal effect as though
the said old Maryland line were hereby confirmed
and established."
This clause introduces a new and important
feature in the case. Michler's line differs consid
erably from the old line, running from the Fairfax
Stone more to the westward, and giving to Mary
land, as your Committee are informed, a wedge of
territory three-quarters of a mile at the base, and
thirty-seven miles long. All the lands within this
wedge, your Committee .are informed, are covered
by grants from Virginia and a considerable part of
them by grants from Maryland. Maryland is
therefore called upon to annul her own grants and
oust her own citizens from her own acknowledged
territory as a condition of getting back a small frac
tion of the lands of which she has been despoiled.

29
In 1888 the question arose again in the Assembly
x)f Maryland. On March 13, a resolution Q T
Sen. Jour.,
was passed in the Senate to the effect that 1888-
whereas, while Maryland had ratified the Michler
line of 1859, Virginia had never done so; and
whereas Maryland had endeavored, without avail,
to induce West Virginia to adopt it, or to settle the
matter by a joint commission, that State had not
complied, — that now the Attorney- General of the
State be applied to, to advise the proper remedy.
The Attorney-General replied (March 17) saying:
" In my judgment, no definite settlement of that matter can
be accomplished by the appointment of Commissioners, or by
negotiations between the Legislatures of the respective States.
The controversy has been going on for more than a century,
and the State of Maryland has appointed commission after
commission to make such adjustment, but all to no purpose." . . .
" In my judgment, therefore, there are but two courses open
to bring this long-pending controversy to an end. One is for
the State to cause proceedings to be taken against the State of
West Virginia in the Supreme Court of the United States for
the purpose of procuring a final legal adjustment and settle
ment of the boundary line between the States; and the other
is to submit the matter in controversy to arbitrators appointed
by the States."
• He concluded by recommending the passage of
an act providing for an arbitration, and submitted
the draft of such an act.

30 *
The bill was introduced in the Senate on March
19, and referred to the Committee on Federal Rela-r
tions. We may infer that upon mature consideration it
was judged inexpedient to entrust a decision of so
much moment to the State to the judgment of a
single man (since this is what an arbitration usually
comes to) , and when the bill providing for arbitra
tion was reported back to the Senate, it was recon
sidered, and the enacting clause stricken out.
Thus stands the question at the present moment.
Nothing final has been done since the Virginia
Convention of 1776, which acknowledged the right
of Maryland to her charter-boundary, and waived
all claims that Virginia might have made to any
territory within it, incorporating these words, for
the greater solemnity, in the Constitution of the
State. In conclusion, your committee beg to offer the
following Resolutions :
Resolved, That, in the opinion of this Society, it
is highly desirable that the true western boundary
of Maryland which has been so long in dispute,
should be equitably and finally determined ; and
this Society approves the view of the late John V.
L. McMahon, that the best mode of settlement is

31
by a decision of the Supreme Court of the United
States. Resolved, That a copy or copies of this report
be transmitted to the members of the Hon. Legis
lature of Maryland at their next session.

All which is respectfully submitted
Wm. Hand Beov
Albert Ritchie,

Wm. Hand Beowne, ) _,
> Committee.

APPENDIX.

APPENDIX A.

" Totam illam partem peninsule sive chersonesus jacentem
Pat. Roll, in partibus Americe inter oceanum ex oriente et
' jjj ' sin urn de Chessopeake ab occidente a residuo ejus-
2594. dem per rectarn lineam a promontorio sive capite
terre vocate Watkins Point juxta sinum predictum prope
fluvium de Wighco scituato ab occidente usque ad magnum
oceanum in plaga orientali ductam divisam et inter metam
illam a meridie usque ad partem illam estuarii de De la Ware
ab aquilone que subjacet quadragesimo gradui latitudinis sep-
tentrionalis ab equinoctiali ubi terminator Nova Anglia totum-
que illius terre tractum infra metas subscriptas videlicet trans-
eundo a dicto estuario vocato Delaware Baye recta linea per
gradum predictum usque ad verum meridianum primi fontis
fluminis de Pattowomack deinde vergendo versus meridiem
ad ulteriorem dicti fluminis ripam et eam sequendo qua plaga
occidentalis et meridionalis spectat usque ad locum quendam
appellatum Cinquak prope ejusdem fluminis ostium scituatum
ubi in prefatum sinum de Chessopeak evolvitur ac inde per
lineam brevissimam usque ad predictum promontorium de
Watkins Point."

33

34
APPENDIX B.
From Frederick, Lord Baltimore's, Instructions to
Gov. Horatio Sharpe, 1753.
" Whereas the Right Honorable Lord Viscount Fairfax has
a grant of a large tract of land lying and running Md. Arch.
alone: the banks of Patowmack River on the Vir- **S-
. ... Lib#'
ginia side, and whereas I am informed the powers J.R.&U.S.,
of government in Virginia have taken the liberty p'
to ascertain the bounds and limits of his said Lordship's grant
running along the banks of the said river, which river, to the
further bank thereof, is limited to me with its soil and water,
and is a boundary between my Province of Maryland and the
Province of Virginia unto the fountain head of the said river ;
and whereas I am informed that commissioners have pro
ceeded therein, and instead of their stopping at South Branch,
which runs from the first fountain of Patowmack River, one
of the boundaries of Maryland, have crossed to a branch run
ning north, whereby their endeavours are to give limits and
boundary marks prescribed by my royal charter, subjecting
me to great loss of country ; and whereas it being not known
to me that my predecessor was made a party to the settlement
of such boundaries by the said commissioners ; and were it so,
such settlement would be invalid by virtue of my father's
marriage-articles, he being only tenant for life, with reserva
tion to me as tenant in tail ; I therefore desire and require of
you, as soon as possibly you can, to get intelligence how such
boundaries have been or are settled by the said commissioners
with regard to Lord Fairfax and his grant ; and at the same
time, if opportunity serves you, you may communicate to Lord
Fairfax that I am very desirous of settling proper limits con-

35
elusive between him and me in regard to my Province of
Maryland and his grant in Virginia; and in the mean time
you must make or have made a good look out, and warning
given to such persons as shall venture to settle in such dis
puted boundary between my Province of Maryland and the
Province of Virginia under the said grant to Lord Fairfax."

APPENDIX C.
Sharpe to Fairfax.

[Sept. 1753.]
 Lord Baltimore was pleased to charge me
Md. Arch. wit^ an m(Auiry into tue tr"e meridian and place
Sharpe Cor. of the fountain head of Potowmack. The best
'"''' information I have hitherto been able to procure
gives me reason to believe there has been a mistake in fixing
the spring head to the North Branch, since the length, with
other circumstances, more properly denotes the Southern
Branch, commonly called Wappacomo, to be the main and
principal course of that river. I am the more willing to be
persuaded of the truth of this representation from the consid
erable advantage that will accrue to your Lordship. That
branch, I am informed, has never been thoroughly explored
and traced to its source ; but I flatter myself with having your
Lordship's concurrence for such an examination into its course,
length, width, and depth as may bring this matter to a nearer
("degree" of certainty ; and if that should appear to be the
fountain head of Patowmeck River, I shall not question but
your Lordship will be for taking such measures as may ascer
tain the mutual limits of the two Proprietorships, agreeable to
the direction and true intention of their respective charters."

36

Fairfax to Sharpe.
"Frederick, Septemtt the 24th, 1753.
"Sir: Yours I received by Mr. Young, by which I perceive
Lord Baltimore designs to dispute with this Province which is
the head spring of Patowmeck, the south or north branch as
run out by the commissioners between his Majesty and me in
the year 1736.
" I am intirely [of the opinion ?] that the South wouH be
much to my advantage, and therefore think it improper for
me to appear therein, and that' the Governor of Virginia and
your excellency should transact that affair. If his Lordship
should obtain his demand, I must insist upon a hew line
between his Majesty and me to the Southward."

Apjiertd-vx- D.

37
APPENDIX E.
Extract from the Royal proclamation of Oct. 7, 1763.
"And whereas it is just and reasonable, and essential to Our
interest and the security of Our colonies that the Md Arch
several nations or tribes of Indians with whom Ms-
We are connected, and who live under Our protec- ' u. s.
tion, should not be molested or disturbed in the p-379-
possession of such parts of Our dominion and territories as,
not having been ceded to, or purchased by, Us, are reserved
to them or any of them, as their hunting-grounds, We do
therefore, with the advice of Our Privy Council, declare it to
be Our Royal will and pleasure that no Governor or Com
mander-in-Chief in auy of Our Colonies of Quebec, East
Florida, or West Florida, do presume, upon any pretense
whatever, to grant warrants of survey or pass any patents for
land beyond the bounds of their respective governments as
described in their commissions ; as also that no Governor or
Commander-in-Chief in any of Our other Colonies or Planta
tions in America do presume for the present, and until Our
further pleasure be known, to grant warrants of survey or
pass patents for any lands beyond the heads or sources of any
of the rivers which fall into the Atlantic ocean from the west
and north-west."

38
APPENDIX F.
Act passed March 5, 1833.
Commonwealth of Virginia.
Chap. 32. An Act to settle the western limits of this State, and
the dividing and boundary line between this State
and the Commonwealth of Maryland.
1 . Be it Enacted by the General Assembly of the Common
wealth of Virginia :
That the Governor be, and he is hereby authorized, to
appoint three Commissioners on the part of this State to meet
such Commissioners as may be appointed for the same purpose
by the Commonwealth of Maryland, to settle and adjust, by
mutual compact between the two governments, the western
limits of this State, and the dividing and boundary line
between this State and the Commonwealth of Maryland, to
commence at the Fairfax stone, or at the first fountain of the
Cohongoroota or north branch of the Potomac river, and to
run a due north course to intersect the line between this State
and the State of Pennsylvania. If, however, the Common
wealth of Maryland shall fail to appoint Commissioners, then,
and in that event, the commissioners appointed by the Gov
ernor of this Commonwealth, or any two of them, shall run
and mark the said line according to the provisions of this bill :
and the Commissioners appointed as aforesaid are required to
report their proceedings in virtue of their appointment and
authority to the General Assembly of this State at the session
next after the same shall have been concluded, for confirma
tion or rejection.
[The remaining sections provide for re-granting lands
"after the confirmation of the settlement as aforesaid;" for the

39

employment of a surveyor and assistants and their payment,
as also the payment of the commissioners ; and that the act
shall be in force from the time of its passage.]

APPENDIX G.
Acts West Virginia, 1887, Extra Session.
Chapter I. An Act to confirm and establish a part of the
boundary line between the State of W. Va. and
the State of Md. (Passed May 3, 1887.)
Be it Enacted by the Legislature of West Virginia:
1. That the boundary line as run and marked by N.
Michler, U. S. engineer, in the year one thousand eight hun
dred and fifty-nine, under the direction of A. W. McDonald,
Commissioner on the part of Virginia, and Thos. J. Lee,
Commissioner on the part of Maryland, from the Fairfax
Stone to the Pennsylvania line, between the county of Preston,
W. Va., and the county of Alleghany, now Garrett, Maryland,
be and the same is hereby approved and confirmed as the true
boundary line between the State of West Virginia and the
State of Maryland.
2. But this act shall not take effect until and unless the
State of Maryland shall pass an act or acts confirming and
rendering valid all entries, grants, patents and titles from the
Commonwealth of Virginia, to any person or persons, to lands
situate and lying between the new Maryland line hereby estab
lished and the old Maryland line heretofore claimed by Vir
ginia and West Virginia, to the same extent and like legal
effect, as though said old Maryland line were hereby confirmed
and established.
Approved May 6th, 1887.

40
APPENDIX H.
Note on Faulkner's Report.
An opinion having got abroad that Faulkner's report to
the Governor of Virginia in 1832, Was in some way decisive
of this question, it may be as well to dispose of it here. It is
probably traceable to a letter published by him in 1875, in
which he says that the evidence he submitted had such " over
whelming" effect on the Legislature of Maryland, that they
at once dismissed the suit in the Supreme Court and aban
doned the claim.
Faulkner's report consists partly of well-known facts, some
times incorrectly cited (for example he misquotes the Maryland
Charter and founds a long argument on the misquotation) ;
partly of documents relating to the adjustment of the bounds
between Fairfax and Virginia, which have little bearing on
the question at issue, and partly of his personal opinions on
the matter, which have, if possible, less.
As matter of fact, the record shows as we have seen, that
the Maryland Legislature, so far from being "overwhelmed,"
or abandoning any claim, reasserted the rights of the State,
and declared that they saw nothing in the documents laid
before them to induce them to vary from the course deter
mined on. But, out of courtesy to Virginia, they would
withdraw the suit, as they had learned from high quarters that
that alone stood in the way of an amicable settlement, which
was all they desired.

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