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GENEALOGY ~r^ 

COLLECTION 



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Archives of Maryland 



PROCEEDINGS AND ACTS 



General Assembly of Maryland 



SEPTEMBER 1693 -JUNE 1697 



Published by Authority of the State, under the Direction 
of the Maryland Historical Society 



WILLIAM HAND BROWNE 
Editor 




BALTIMORE 

Maryland Historical Society 
1899 



TRESS OF 

THE FRIEDENWALD COMPANY 

BALTIMORE 



*\ 



- 



1302167 



Rooms of the Maryland Historical Society, 

Baltimore, September 20, 1899. 



To the Maryland Historical Society : 

Gentlemen : 

We have the honor to submit the Nineteenth Volume of the 
Maryland Archives, being the Proceedings and Acts of the General 
Assembly of Maryland from September, 1693, to June, 1697. 



Respectfully, 



Clayton C. Hall, 
Henry Stockbridge, Jr., 
Bernard C. Steiner, 

Committee. 



ARCHIVES OF MARYLAND. 

The following volumes have been published : 

I. 
Proceedings and Acts of the General Assembly, 1637/8-1664, 1883 

II. 
Proceedings and Acts of the General Assembly, 1666-1676, - 1884 

III. 
Proceedings of the Council, 1 636-1 667, 1885 

IV. 
Judicial and Testamentary Records of the Provincial Court, 

1637-1650, 1887 

V. 
Proceedings of the Council, 1667-1687/S, 1887 

VI. 
Correspondence of Governor Horatio Sharpe, I, 1 753—1 757, - 1888 

VII. 
Proceedings and Acts of the General Assembly, 1 678-1 683, - 1889 

VIII. 
Proceedings of the Council, 1 687/8- 1 693, - 1890 



IX. 
Correspondence of Governor Horatio Sharpe, II, 1 757-1 761, - 1890 



Archives of Maryland. v 

X. 

J UDICIAL AND TESTAMENTARY RECORDS OF THE PROVINCIAL COURT, 

165O-1657, 189I 

XL 

Journal of the Maryland Convention, July 26-Auc 14, 1 775 \ 
Journal and Correspondence of the Council of Safety, Aug. V 1892 
2 9. 1775-July 6, 1776, j 

XII. 
Journal and Correspondence of the Council of Safety, July 7- 

Uec. 31,1776, - 1893 

XIII. 

Proceedings and Acts of the General Assembly, 16S4-1692, - 1894 

XIV. 
Correspondence of Governor Horatio Sharpe, III, 1 761-177 1, 1895 

XV. 
Proceedings of the Council, 1 67 1 -1 68 1, 1896 

XVI. 
Journal and Correspondence of the Council of Safety, Jan. \ 

i-March 20, 1777, Journal and Correspondence of the >■ 1897 
State Council, March 20, 1777-MARcn 28, 1778, ) 

XVII. 
Proceedings of the Council, 1 68 1 -1685/6, 1898 

XVIII 
Muster Rolls and Other Records of Service of Maryland 

Troops in the American Revolution, 1899 

XIX. 
Proceedings and Acts of the General Assembly of Maryland, 

Septemrer, 1693-JuNE, 1697, 1 S99 



PREFACE. 

The present volume continues the Proceedings and Acts of the Pro- 
vincial Assembly from the close of Vol. XIII. 

In 1693, Lionel Copley, the first royal governor, died, and Francis 
Nicholson, who had been Deputy Governor of New York and Lieut. 
Governor of Virginia until superseded by Sir Edmund Andros, suc- 
ceeded to the office by virtue of a commission issued in 1691, appointing 
him Lieut. Governor of Maryland, with the succession in the event of 
Copley's death. Nicholson was in England when Copley died, and 
Andros immediately seized the government on the strength of a royal 
commission which, as he declared in a proclamation, made him the suc- 
cessor in case of Copley's death. But this commission, when examined, 
was found to authorize him to assume the office only in case of Nichol- 
son's death and Copley's absence, but not in the event of the death of 
Copley and absence of Nicholson, which was the actual case. 

We have not the Journal of the Upper House for the Session of Sept. 
20-26, 1693; but some of the proceedings in the matter of Andros' s 
usurpation will be found recapitulated on pp. 63-66 of the present 
volume. 

The most important business before the Assembly at this Session, was 
the case of Sir Thomas Lawrence, Secretary of the Province, who had 
been illegally suspended from his office and imprisoned by Copley. 
The Assembly annulled the order of imprisonment, and in the following 
May, Lawrence was reinstated by order of the King, to whom he had 
appealed. 

Andros soon returned to Virginia, and the affairs of the Province 
were administered by Col. Nicholas Greenberry, President of the 
Council, until the order for Lawrence's reinstatement was received, 
when the latter was chosen President and held the office until Nichol- 
son's arrival. 

The first Assembly called by Nicholson met on Sept. 20, 1694, in the 
old capital, St. Maries, and among other proceedings erected tin settle- 
ment called Severn, on the river of that name, into the town and port 
of Anne Arundel. It was bruited throughout the Province that it was 



viii Preface. 

the intention of the Assembly to remove the seat of government to 
Anne Arundel, and the Mayor and Council of St. Maries earnestly pro- 
tested against a measure which implied the ruin of that ancient city, but 
their protest was rejected with mockery and coarse insult, showing the 
bitter animosity of the Assembly. In the following Session, Feby.-Mar. 
1694/5, the Assembly met at Anne Arundel Town (afterwards called 
Annapolis) to which the Provincial Court and public records were 
removed. 

It was, no doubt, a wise move. The desirability of a more central 
seat of government, after the spread of population into the middle and 
northern counties, had been for some time apparent, and in 1683 there 
had been a temporary and tentative removal to Anne Arundel county, 
but no permanent change made, on account of insufficient accommoda- 
tions. It is plain, however, that other considerations beside that of 
public convenience, entered into the motives for removal. St. Maries 
was distinctively Catholic, and intimately associated with the Proprietary 
Government, while Anne Arundel and the settlement on the Severn had 
been from the first distinctively and aggressively Protestant. The 
removal of the capital emphasized the fact that Maryland was no longer 
proprietary and Catholic, but royal and Protestant. 

Nicholson was a man of great ability and integrity, of liberal views 
and of firm purposes. As a matter of course he made enemies in Vir- 
ginia, and their calumnies have been accepted even by some recent 
writers without examination. In Maryland he seems to have made a 
highly favorable impression, and the Burgesses, even when contending 
with him, took care to express their respect and confidence. Their 
words on one such occasion are worth repeating : — 

"We have not the least doubt of our rights or liberties being 
infringed by our gracious Sovereign or our noble and worthy Governor ; 
and we do sincerely acknowledge that his Excellency governs by the 
fairest measures and freest administration of the laws we are capable of 
understanding, and therefore have not the least apprehension of his 
invading our rights and privileges" (p. 415. See also pp. 97-8, and 
467). 

One thing Nicholson had much at heart, in Virginia as in Maryland, 
and that was the cause of public education. It was by his exertions that 
William and Mary College in Virginia was founded in 1693 ! ar) d one 
of his first acts in Maryland was to urge upon the Assembly the estab- 
lishment of a system of free schools. The subject was considered at the 
session ol Sept.-Oct, 1094, ar »d subscriptions were raised, the Gov- 



Preface. ix 

ernor being a liberal contributor, to defray the charge of the erection of 
a school-house. Letters on the subject were addressed to their Majes- 
ties, to the Archbishop of Canterbury, and to the Bishop of London, 
asking their approval, and a Supplicatory Act petitioning the sovereigns 
to sanction the establishment was passed at this session, but the text is 
not in our records. 

It is to be regretted that the Journal of the Lower House of this 
important session, seems to have been lost. 

At the session of May, 1695, the name of Anne Arundel Town was 
changed to Annapolis, in honor of the Princess Anne, heiress presump- 
tive to the crown, the port of Oxford was named William Stadt in com- 
pliment to the King, and Prince George's county was erected and 
named after Prince George of Denmark. In the same year work was 
begun on the new State-house at Annapolis, Casparus Augustine Herr- 
man, son of the patriarch of Bohemia Manor, taking the contract. 

At the October session an Act was passed imposing a duty on furs 
exported, the proceeds to be applied for the maintenance of a free 
school or schools. 

At the session of July, 1696, an Act was passed establishing at Anne 
Arundel Town, a free school, to be called King William's School, of 
which the Archbishop of Canterbury was to be Chancellor, and the con- 
trol of which was to be vested in a Board of Trustees. For its support 
a sum of £1 20 per annum was allotted, and when the funds in the hands 
of the trustees should exceed this amount they were to take steps 
toward the erection of another at Oxford, Talbot Co. They also passed 
an Act for establishing the Church of England in the Province, repeal- 
ing the Acts of 1692 and 1695, and laying a tax of 40 lb. of tobacco per 
poll on every taxable for the support of the ministry. 

It is perhaps worth noting that at this session Dinah (or Diana) Nut- 
head applied for and apparently received, a license to print. This must 
have been the public printing, though not explicitly so stated. She was 
probably the widow of William Nuthead, who did the public printing 
1686-1693. At the next session William Bladen was appointed public 
printer. 

The first matter of importance that occupied the attention of the next 
session was the case of the notorious John Coode. This person, an 
apostate clergyman of flagitious life and conversation had been elected 
a burgess. He had been one of the leading spirits in the conspiracy 
that overthrew the Proprietary government, and had acquired such 
influence with the people that in spite of his notorious depravity, ami in 



x Preface. 

spite of the fact that he was in holy orders (though he had repudiated 
them) he had sat in several previous sessions of the Assembly. Gov- 
ernor Nicholson was resolved that this scandal should cease ; and taking 
his ground upon the law which made a priest ineligible (in fact, with 
this exception, no clergyman had ever sat in the Assembly) refused to 
swear him in. The Burgesses contended that they were the sole judges 
of the eligibility of their own members. Nicholson pointed out to them 
that while they were indeed the sole judges whether any one of their 
members was duly elected, they had no power to qualify a person legally 
disqualified; that though Coode might consider that he had repudiated 
his own orders, yet that they were indelible except by the power which 
had conferred them ; and furthermore, that the Burgesses themselves 
knew the man's whole life and conversation to be "so heinously flagiti- 
ous and wicked as scarce to be paralleled in the Province." He con- 
cluded by calling the whole House before him and curtly telling them : 
" Gentlemen, I do acquaint you that I shall not swear that person, not- 
withstanding your vote." The Burgesses thus rebuked seem to have 
become ashamed of themselves, and dropped Coode, who lived to turn 
his envenomed hate against Nicholson, and to contribute the most dis- 
gusting pages to the criminal records of the Province. 

In the session of Sept.-Oct., 1696, William Bladen Clerk of the 
House, applied for and received license to do the public printing, he 
furnishing a press and types at his own cost. 

Though Maryland was fairly prosperous under Nicholson's adminis- 
tration, yet the state of affairs was not entirely satisfactory. Nearly all 
the land was given up to tobacco, and the best soils were now worn out. 
Outside of tobacco, scarce anything was exported: some furs and sassa- 
fras root to England, and insignificant quantities of beef, pork, pipe 
staves and timber to Barbadoes and New England. 

Several of the original journals have been ravaged by damp and 
insects, and here, as in previous volumes, brackets indicate that the 
inclosed words have been supplied from a later copy. From the original 
journal of the Upper House, Session of May-June, 1697, l ^ e ^ rst f° ur 
pages have been torn away, and the text is taken from a later copy. 



NOTES. 

Page 173, line 21. " Goldsmith " should be " Goldsborough." 

Page 194, line 21. "Inne" should be "since." 

Page 197, line 15. " 1691 " should be " 1694." 

Page 197, line 20. "Caroline County" must be an error of the 
scribe. 

Page 201, line 21. "alkimy spoons." The name "alchymy" was 
formerly given to various alloys resembling gold or silver. 

Page 227, line 1 1. " Presidential!," i. c. "precedential" — taking pre- 
cedence of other business. 

Page 364, line 42. "processioning." This custom, for preserving 
the memory of ancient boundaries, is still retained in some parts of 
England. A description is given in Chambers's Book of Days. 

Page 415, line 25. The copyist of L. H.J., on which we have had to 
rely to fill up gaps made by damp and insects in the original, is not to 
be trusted implicitly. In several cases he has supplied words conjec- 
turally. Here he has : " We have, with our members and committees 
uniting, considered." We have taken the true text from U. H. J. (see 
P- 395)> which reads : " We have with our utmost care and scrutiny con- 
sidered." The later copyist mistook the remaining fragment of the 
word " scrutiny " for " uniting," and made up a phrase to fit. So in the 
names of members he is often wrong: thus on p. 403 "Edward Hill" 
should be " Richard Hill," and " Col. John Hutchins" is a mistake. 

Page 425, line 46. " Supplementory " should be "supplicatory." 
See p. 78, 1. 43. 

Page 442, line 20. "winter" should be "water." See p. 4S5, 1. 16. 

Page 569, line 11. " Toting." This early occurrence of this word is 
perhaps worth noting. 

P a g e 594. hnes 1 7-24. Some words seem to have been omitted in the 
text. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at St. Marys, September 20 to 
September 26, 1693 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

SIR EDMUND ANDROS, 

Governor ad interim. 



THE LOWER HOUSE OF ASSEMBLY. 



[In] the Reigne of our Sou'aigne Lord & [Lady William Original 
and Mary] King & Queen of England &c. Annoq Domini : J "/ 1 "'- 
1693. 

Maryland ss. 

The House of Assembly (pursueant to his Ex ncie the Gouerno r 
Order) haveing Adjourned on the 9 th day of June in the yeare 
of our Lord 1692, untill the 20 th day of October then next 
Ensueing, were afterwards by their Maj 1 '" Proclamacon from 
time to time prorogued untill the 13 th day of October in the 
yeare of our Lord 1693: And now by their Maj lies Speciall 
Surhons beareing date day of August 1693 : were Called to 
meet & appeare at the Citty of S' Maries the 20 th day of 
September aboue Recited, being Wednesday, where being 
mett, M r Speaker with the rest of the members went downe 
to the State house, where they seuerally in Order tooke their 
places. 

M r Speaker Ord rs the house to be Called ouer, which was 
accordingly done in manner following, Viz' 



ffor S' Maryes Citty 

Edward Wynne Esq r 
M r Robert Mason 



ffor Baltemore County ] 
M r George Ashman j 
M r Edward Boothby 
M r ffrancis Watkins 
M r Thomas Staley 



ffor S' Maryes County ~) 
M r Kenelm Cheseldyn | 
Maj r John Cambell 
M r Philip Clarke 
M r John Watson 



ffor Talbot County 
M r Robert Smith 
M r William ffinney 
M r Hugh Sherwood 
M r Thomas Robins 



ffor Kent County 

M' William Harris 
M r Hans Hanson 
M r Elias King 
M r Sam" Wheeler 



ffor Sum r sett County 
Cap 1 William Whit- 

tington 
M r Roger Woolford 
M r John Bosman 
M r Lazarus Maddux 



4 Assembly Proceedings, September 20-26, 1693. 

Original ffor Ann Arrundell County ) ffor Dorchest r County ") 
journal. Mr j ohn Hamond Maj r Henry Tripp j 

M r Henry Ridgley \ Doct r John Brookes 

M r James Sanders M r Thomas Ennalls 

M r John Dorsey j M r Edward Pinder 

ffor Calvert County "| ffor Csecill County ^| 

M r Thomas Greenfield j M r Edward Jones 

M r Thomas Tasker \ M r James Wrouth \ 

M r Henry Mitchell M r Thomas Theakston 

M r John Bigger J M r Robert Crooke. J 

ffor Charles County "I 

M r William Dent 
M r Henry Hawkins 
Maj r James Smallwood 
Cap' Philip Hoskins 

Upon the Calling ouer the Same were found to be absent 
these following Members viz' Edward Wynne Esq r Dec d M r 
Robert Mason High Sherriffe of S' Maryes County, 
P- 2 M r Henry Thomas Staley, M r Robert Smith, M r 

Thomas Robins, Doct r John Brookes dec d M r Thomas Ennalls 
M r Edward Pindar dec d And all Ca±cill County Delegates. 

Ordered that M r Speaker give his Warrant to the Secretary 
according to form r Custome, for the issueing forth of New 
Writts of Election in the Roome & Stead of ,M r Edward 
Wynne, Doct r John Brookes, & M r Edward Pindar, deceased, 
as likewise of M r Robert Mason high Sherriffe of S' Maryes 
County. 

This house being advised by some members of their owne 
concerning the Death of the Gouern r did thereupon Ord r Cap' 
W m Whittington & Maj r Henry Tripp to goe to the Councill 
& Signifye to them that they were mett according to their 
Maj ,ies Sumons & to desire they would be pleased to make 
knowne, if they had any Business to Impart to this house. 

M r William Dent makes his Appearance in the house 

The house adjournes for halfe an houre 

The house again mett & were present as before. Cap' 
Whittington, & Maj r Tripp Returne & say that they delivered 
their Message to three of the Councill at the house which was 
Coll Diggs's whoe returned for answer that they were not 
then a Councill, but did intend to sitt the next morning and 



Assembly Proceedings, September 20-26, 1693. 5 

then they should be ready to Receive any Message from the Original 
house. J° urnal - 

The house Adjournes till to Morrow Morning Nine of the 
Clock. 

Thursday September the 21 th 1693. 

The house again mett & were called ouer and were Absent 
these following Memb rs viz' the two Citty Delegates together 
w ,h M r Harris, M r Tasker M r Ashman M r Smith, M r Robins, 
Maj r Tripp M r Ennalls, M r Brookes, M r Pindar and all Caicill 
County Delegates. 

fformer Rules of the house Ordered to be sett up w ch was 
accordingly done. 

M r Greenfield & Cap' Whittington sent to the Councill to 
Signifye to their Hono" that the house was again Satt, And 
that if they had any business to impart unto them they would 
be pleased to make knowne the same by the s d Messingers. 

The said Messingers Returne & say that they were w ,h the 
Councill at the Great house, where the Gouernor Lately lived, 
to whome they delivered the Message given them in charge, 
And that the Councills answer to the same was, that they 
Expected the house there this Morning. 

Moued by a Member of this house on behalfe of M r Cley- 
bourne Lomax, & M r John Spratt, Viz' That the house would 
be pleased to imploy them as Clks upon Comittees dureing 
this Assembly, being persons well qualified for the Same, and 
thereupon they were accepted off, for the said Service soe soone 
as Comittees are appointed to goe forth. 

Message from the Councill by Coll Hutchins & M r Tench, 
whoe say they were sent to acquaint this house that the Coun- 
cill desired they would give them a meeting at the Great 
house in their private capacity, but not as a house. 

Putt to the Question whether the house shall Treat w' h any p. 3 
of their Maj lies Councill about the affaires of this Province in a 
private Capacity or noe, And voted Nemine Contradicente, in 
the Negative. 

Debated, upon the Gouerno' 5 death whether the Kings 
Councill shall be desired to make knowne to this house the 
present Constitution of their Maj ,ies Gouernm' And that the 
same is Consonant to their Maj ,ies Comission to the End they 
may applye themselves to them for the True Cause of their 
Maj 1 '" Sumons to this Assembly. 

Resolved nemine contradicente, that a Message be sent 
according to the purport of the aboue debate. Cap' 



6 Assembly Proceedings, September 20-26, 1693. 

Original Whittington, M r Greenfield, M r Bigger & M r Hamond sent 

Journal. upon ^ sa j d M essage- 

The house Adjournes for halfe an hower 

The house againe mett & were p r sent as before. The afore- 
said Messingers come back & say they delivered their said 
Message to the Councill, whoe Returne for Answer that their 
Clerk is not there, And that they will consider upon it. 

The house Adjournes till 5 of the Clock this Eavening 

The house again mett & were present as before M r 
Thomas Tasker makes his appearance in the house. 

The house adjournes till to Morrow Morning 9 of the 
Clock. 

ffryday September the 22 th 1693. 

The house againe mett & were called ouer & were absent 
these following Members Viz' the two Citty Delegates together 
w ,h Maj r Camble, M r Harris, M r Hawkins, M r Ashman, M r 
Smith, M r Robins, M r Brookes, M r Ennalls, M r Pindar and all 
Ca;cill County Delegates. 

Then was read what was done Yesterday 

Voted, Nemine contradicente, that a Comittee of Grievances 
goe forth Voted that a Messinger be dispatched a way to 
Expedite the Absent Members not yett Come to Towne, the 
which was done in Manner following Viz' 

By the House of Assembly Septembe the 22 th 1693. 
Whereas M r Robert Smith & M r Thomas Robins are 
Members of this house & Delegates for Talbot County, whoe 
haueing made noe appearance here according to their Maj tics 
Sufnons for the Convention of this house on the 20 th instant, 
& haueing shewed noe Cause or Excuse for their non 
Appearance, therefore Sam" Withers Gent, is by this house 
Ord rd & Required, and you are hereby Ord rd & required upon 
sight hereof to Repaire to the houses of the said M r Smith & 
M r Robins & sufnons them to give their Attendance in this 
house imediately upon Knowledge thereof as they will answer 
the Contrary at their peril! ; And when you shall Execute this 
Ord r you are to make returne of the same to this house with 
all possible Speed. 

Kenelm Cheseldyn Speaker. 

To M r Sam" Withers high 

Sheriffe of Talbot County, These 



Assembly Proceedings, September 20-26, 1693. 7 

M r Ennalls one of the Delegates for Dorchester County was Original 
sent for likewise in manner afd by Warrant directed to the J° urnal - 
Sherriffe of that County. 

M r William Harris one of the Delegates for Kent County 
together w th M r Edward Jones, M r James Wrouth, M r Thomas 
Theakstone & M r Rob' Crooke all Delegates for Csecill County 
were likewise sent for in manner afd. by warrant directed to 
the Sherriffe of Csecill County. 

Members appointed to goe forth as a Comittee to Consider 
of all such Griveances as should be Laid before them accord- 
ing to the purport of the last menconed Vote, were as follow 
Viz' 

M r Dent, Cap' Hamond, M r Greenfield, M r Hoskins, 
M' Boothby & M r Whittington. 

The said Comittee are sent out upon their Charge. 

The house adjournes for an houre. 

The house againe mett & were present as before, Except 
the Comittee of Grievances. 

Ord r sent to the Clerk of the Provinciall Office to Transmitt 
the Journalls imediately hither belonging to this house. 

Maj r Henry Tripp one of the members of this house 
acquainting the house of his goeing for England and that the 
Ship he was bound to goe in was now vpon Cleareing, prayed 
therefore the Leave of the house for his departure, which was 
granted him to depart the next morning. 

Message from the Councill by M r Tench to desire a Coppy 
of Yesterdays Votes might be sent them. 

M r Greenfield sent hither from the Comittee of Grievances 
to desire the house would be pleased to send a Justice of this 
County to Administer an Oath to their Clk whoe accordingly 
sent M r John Watson. 

The Comittee of Grievances sent for to the house to Advise 
about the last Message brought from the Councill. 

M r Watson returnes and sayes he has administred an Oath 
to M r John Spratt Clerk of the said Comittee. 

Ord rd that a message be drawne up in answer to the same 
w ch was done as ffollows Viz' 

By the house of Assembly September the 22 th 1693. 
This house has herewith sent a Coppy of yesterdays Votes 
to your Hono rs but untill they haue a full & Satisfactory 
answer in Relation to the same they can in noe wise Admitt 
of any Message in the Manner & forme Now sent. 

Signed -p Order 
H Denton Clk Assembly. 



8 Assembly Proceedings, September 20-26, 1693. 

Original Voted whether the said Message shall be onely read to the 
journal. Councill & soe brought back again or noe & Carryed in the 
Affirmative. 

M r Tasker & M r Dorsey sent upon the said message whoe 
Returne & say they delivered the same in Manner & fforme 
Ordered by the house. 
p- s Message from the Councill by Coll Browne to desire a 
Conference w th the house M r Tasker Mitchell 

M r Hanson, M r Wheeler & M r Ridgley sent to the Councill to 
Returne Answer to theire them in Charge to Acquaint 

their Hono rs That the whole house will be ready to attend 
vpon the said conference to Morrow Morning at the Councill 
Chamber betwixt seaven & Eight of the Clock. 

They returne and Say they delivered their said Message. 

The Cofnittee of Grievances bring in their Report and was 
Ord rd to be Read, which being grounded vpon the Complaint 
of S r Thomas Laurence as alsoe his Cofnittm' the same being 
read first, did run in these following Words Viz' 

September the 20 th 1693. 
M r Speaker & Gent of 
the Assembly 

Haueing bin sumoned about the later End of March last by 
a Warrant from his Ex ncie (of Blessed Memory) to answer on 
the Sixth day of Aprill following to certaine high crimes, & 
misdemeanors, with which I am in the s d warrant said to stand 
charged, and alsoe to reply to what Else should be Objected 
ag' me on the Kings behalf, and in the meane time by a 
Strange anticipacon of Justice (as if I had been proued guilty 
of the Crimes pretended to be urged ag' me) Suspended, & 
Turned out from being a Member of the Councill, and a Jus- 
tice in the Provinciall Court, And also Strictly forbidden to 
Execute the Office of publick Notary, (given before to M'John 
LLewellin by his Ex ncies ' Comission) or for the ffuture to signe 
any Instrument of protest, or doe any other Act relateing to 
that place, And in the meane time refused a Coppy of my 
accusation, or names of my Accusers, denyed the sight of the 
Councill Bookes, and a warrant to Sumons such persons as 
should be necessary to my defence upon my Accusation : 
Notwithstanding all which discouragm ts appearing the sixth 
day of Aprill, and attending the Councill two dayes together 
I was on Satterday the Eighth day of that month (Instead of 
seeing or heareing of any accuser or Accusation) by a War- 
rant ready prepared wherein noe particular Crime whatso- 
ever was Expressed, delivered to the Sherriffe of S" Maryes 
County hurried away, and by him according to the precept 
put into the hands of the Sherriffe of Charles County, to be 



Assembly Proceedings, September 20-26, 1693. 9 

kept Close prisoner w' h out Baile or Maineprize, till I should Origina 
be delivered thence or otherwise disposed off by ord r of the J ournal 
Councill : In the meane time I was in the sight of the 
Gouerno rs house searcht & all papers taken from me, as if 
Treason had been laid to my charge, my Studdy & chambers 
Ransackt at the same time, and Strict orders given that I 
should neither write nor Receive any Lett rs but what the 
Sherriffe should first peruse, that as I was wholy Ignorant of 
my Crimes, soe I might be utterly uncapable to of makeing 
any Complaint to his Maj tie ag' the Injustice of such proceed- 
ings: being after denyed my habeas Corpus (w ch is the great 
security of the lives & libertyes of euery English Subject) by 
all the Justices of the provinciall Court, both in the Court 
holden in May Last as also by seuerall of them upon my appli- 
cacon to them in their particular Capacityes, Refused Even by 
M r John Lewellin Coppyes of all Ord rs of Councill w ch were 
passed concerning me, and by my very Clk William Taylard 
both to my Attorney & my selfe vpon my letter to him, any 
Coppy of the Judgm' of the Court given by Coll Blakiston p. 6 
upon the denyall of my habeas Corpus, wherefore haveing bin 
now Continued a prisoner aboue- fiue Months without any 
hope of remedy or redress from the Council, I appeale to you 
Gent, from these proceedings and ag' all those apparent viola- 
tions of Cofnon Right & Justice ; Requesting of you in 
behalfe of my selfe & of the Rights & Libertyes of all the 
Kings good Subjects, your Judgm' & Resolutions upon these 
Queries following — fifirst: 

1 . Whether any person sufnoned by the Gouerno' & Coun- 
cill to answer att a day appointed to particular Crimes said to 
be charged upon him, can legally be comitted w' h out being 
accused at his Appearance, or permitted to answer for him 
self, and 

2. Whether upon such Comittment the Sherriffe of the 
County can, as he still does me, keep and Detaine him. 

3. Whether his Crime for which he is comitted ought not 
particularly to be Expressed in his Comittm' 

4. Whether the Gouerno r & Councill can Cofnitt any man 
for any Crime whatsoeuer to be detained till delivered or 
otherwise disposed off by further Order of Councill Only. 

5. Whether upon allegation of any offence comitted the 
Subjects of this Province can be denyed their Habeas Corpus 
to bring them up to the next Provinciall Court to be Bayled 
orTryed according to the nature of the Offence. 

6. Whether a Man can be imprisoned in any other County 
by the laws of England then in that wherein the Crime alledg'd 
is supposed to be Comitted. 

7. Whether tin: place of publick notary of this Province 



io Assembly Proceedings, September 20-26, 1693. 

Original being granted to me in the Kings patent as an appendent 

journal. Rjght alwise belonging to and Exercised by the Secretary, 

The Gouerno r could forbid me the Execucon thereof or dispose 

of the same by his particular Comission as he hath done to 

M r John LLewellin. 

M r Speaker & Gentl m of this Assembly I haue further to 
acquaint & Inform you that I haue lately by my Lett r to the 
Hon ble his Maj ties Councill demanded admittance again into 
their body as first Councillor appointed by his Maj lie himselfe 
in Case of the Gou r no r s death, to take up & Execute his said 
Comission by and with the Advice of his Councill of Mary- 
land, till his Maj ,ies pleasure be further knowne, And haue 
expressed my desire & readiness to obey his Maj 1 '" Cofnand 
as I ought to doe, But from the performing of which my duty, 
I am hindred, being forceably detained by Coll Warren 
Sherriffe of Charles County; And haue by the Gent of the 
Hon blc Councill been refused to be admitted to my right & to 
doe my duty to his Maj lie & this Province. 

I doe therefore further Request of you Gen' by a ffree Con- 
ference to debate with them the reasons of their persisting to 
Exclude me, And to come to such conclusion in this Affaire of 
soe great Consequence as may best suite to his Maj ties Service, 
And to the peace Union and happyness of the Gouerning 
powers and all the Kings good Subjects of Maryland. 

I am Gentlemen with all Respect 
Your very Humble Servant 
Thomas Laurence 

p. 7 By his Ex ncie the Gouerno r and Councill. 

Maryland ss. 

Whereas it hath Sufficiently appeared & been made mani- 
fest to this Board That S r Thomas Laurence Barronett is 
Guilty of seuerall high Crimes and Misdemeano r s by him 
done and Comitted, and wherewith he stands charged in the 
Misfeazance of his Office, The Breach of his Oath, and the 
trust reposed in him, The Open violation of the Knowne 
Laws & Statutes of the Kingdom of England, The Betraying 
of their Maj ties Interest & Soueraigne Authority here Legally 
Established associateing & confederating with, Countenancing, 
Aiding, Cherishing and Abetting their Open & professed as 
well as private & secret Enemies, contrary to the peace of our 
Soueraigne Lord & Lady the King & Queen their Crowne 
and Dignity, And tending to the disturbance of their Maj tie ' 
good Subjects the Inhabitants of this Province, and to divert 
them from their due & Naturall Loue & affection true faith & 
allegiance to their Maj ties and alsoe to deceive and defraud 
them of their Just rights and Properties. 



Assembly Proceedings, September 20-26, 1693. IJ 

These are therefore in their Maj"" Name to will & require, Original 
as also to Charge & Cofnand you, Robert Mason Gent high J° urnal - 
Sherriffe of S' Maryes County or your Deputy forth with to 
Apprehend & take into your Custody the Body of the said 
S r Thomas Laurence if he shall be found in your Baliwick and 
him Safe keep, soe as to haue & convey him w th all Expedi- 
tion to the Sherriffe of Charles County, to whome (together 
w ,h this precept) you are to deliver him, And whoe is hereby 
Straightly charged & Cofnanded to receive & take him into 
his care & Charge, And him in safe secure & Close Custody 
keep, without Bayle or Maineprize, untill he shall thence be 
delivered or otherwise disposed of by order of this Board, 
Whereof let there be no faile at perill and for soe doeing this 
shall be a Sufficient Warrant, Dated at Councill Board this 
Eighth day of Aprill Anno Dom 1693: in the ffifth yeare of 
the Reigne of our Sou r aigne Lord & Lady King William & 
Queen Mary &c. 

Signed p Ord r 
John LLewellin Clk Councill 

This is a true Coppy of the Comittm" 

according to the Originall 

Tho Laurence. 

Then was read the Journall & Report of the aforemenconed 
Comitte upon the same which was as follows (Viz 1 ) 

September the 22 lh 1693 
Att a Comittee of Grievances appointed by the house of 
Assembly mett att the upper Chamber of the State house. 

M r William Dent ] Cap' Philip Hoskins 

Cap' John Hamond \ M r Edward Boothby 
M s Thomas Greenfield J Cap 1 William Whittington 
The Comittee appointed By the house. 

John Spratt appointed Clk of this Comittee 

M r William Dent chosen Chaireman 

The Comittee Adjournes for halfe an houre. 

The Comittee mett again present as before. p . § 

Voted by the Comittee that in Case of any of the Members 
absence, three of the members w' h the Chaireman bee a 
Comittee. 

The Comittee proceeds to read the Complaints of S r Thomas 
Laurence presented to the house of Assembly and by them 
referred to this Cofnittee, And upon reading the first quaere 
the Cofnittee being desirous to receive satisfaction of the 



12 Assembly Proceedings, September 20-26, 1693. 

Original Truth of the said Complaint, Cap' Hoskins is sent to M r 
journal. M ason High Sherriffe of this County to require his appeare- 
ance here. 

M r Hoskins returnes and M r Mason appeares before the 
Comittee. 

And upon debateing the first Quaere exhibited by the s d S r 
Thomas & haueing received from M r Mason Satisfaction of 
the Truth of the same doe unanimously agree & report that 
the Summoning the said S r Thomas to appeare & answer to 
Certaine Crimes and upon his appeareance comitting him 
Close prisoner is an absolute Violation of the liberties & privi- 
lidges of the Kings Subjects and derogation to their Maj" es 
Courts of Justice and ag' the Tenor of the Statute of the 25 th 
of Edward the 3 d . 

Upon reading the second quaere of agrievance this Cofnittee 
are of Opinion that as the Comittm' was unlawfull soe was the 
detainder but not Absolutely in the Sherriffe he being a Ser- 
vant bound by his place & Oath to Execute all precepts pro- 
cess &c: And it appeares to us the said Sherriffe had a pre- 
cept &c. 

To the third quaere this Comittee haue Examined the War- 
rant, w ch is affirmed by M r Mason to the best of his knowledge 
to be a True Coppy by which the s d S r Thomas was Comitted, 
And therein wee find seu r all Genall Charges but noe one par- 
ticular Charge Exprest, for want of such particular Charge 
the warrant was unlawfull which ought to Containe a particu- 
lar Charge, as in Chambers case & Magna Carta. 

Upon Reading the fourth quaere this Cornittee doe resolve 
that the Gouerno r & Council! cannot Legally comitt any per- 
son to be detained or otherwise disposed off by ord r of Coun- 
cill, but that it is the liberty of the Subject to be delivered 
according to Course of Law, & that such Comittm' was Con- 
trary to the Course of Law, and of manifest Violation to the 
Subjects libertyes & priviledges Quaere Magna Carta 
Cap: 29. 

To the ffifth quaere This Cornittee are of Opinion that the 
Subject of this Province ought not to be denyed but to haue 
their habeas Corpus granted them according to Law, the 
denyall of which is the Oppression to the Subject & Contrary 
to the Stat 16: K: C. 1: Cap: io ,h . 

To the sixth quaere this Comittee are of opinion that any 
person may be imprisoned in any other County then the 
County where the Supposed fact comitted, if taken dyeing or 
other wise escaped into another County, but if taken where 
the supposed fact cofnitted ought not to be imprisoned in any 
other County, but where the Supposed fact Comitted, or 
Taken. 



Assembly Proceedings, September 20-26, 1693. T 3 

To the Seaventh quaere Cap' Hoskins is sent to S r Thomas Original 
to desire his hono" appearance here. Journal. 

Ord rd by the Comittee that the Gierke of this Corhitte haue 
an oath of Secrecy & ffaithfullness given him, and to that pur- 
pose M r Greenfield is sent to the Speaker to deire M r Watson P . 9 
being a Justice of this County to Administ r the Oath. The 
af d Clk has received the Oath of Secrecy & ffaithfullness from 
the said M r Watson. 

Maj r Smallwood informed the Comittee from the Speaker 
that they must Repaire to the house, whither they Imediately 
repaired. 

The Comittee returned from the house. 

Cap' Hoskins returned w th the Hon We S r Thomas Laurence. 

Upon the said Seaventh quaere this Comittee report that 
they haue perused the patent granted by their Maj ties to the 
Secretary of this Province whereby together with what wee 
are inform'd wee are induced to beleive that the Notaryship 
may belong to the Secretary but for the more certainty thereof 
this Comittee referr the house to the Act of Assembly for 
Setlem' of Officers ffees 

John Spratt Clk Comittee 

The Comittee adjourne till to Morrow Morning Nine of the 
Clock. 

The which being read the house proceed to Examine the 
same gradually and soe accordingly give their Opinion & 

Upon the reading the first quaere in the said Lett' Specified, 
Voted wheth' the same was a Legall Cohiittm' or noe, and 
carryed, nemine contradicente to be an illegall Cohiittm' 

Upon reading the second quaere the house agree w' h the 
Report of the Comittee. 

Upon reading the third quaere the house agree w' h the report 
of the Comittee. 

Upon reading the ffifth quaere together w"' the Coppy 
aforementioned the house agree w th the Report of the 
Comittee 

Upon reading the Sixth quaere the house agree w th the 
Report of the Comittee. 

Upon reading the Seaventh quaere the house are of opinion 
that the Gouerno' Could not dispose of the Notary publicks 
place ag' the Kings pattent And that this was by the Kings 
Pattent confirmed unto S r Thomas Laurence as Secretary. 

Upon the whole Matter Voted Nemine contradicente, that 



14 Assembly Proceedings, September 20-26, 1693. 

Original the Comittm' of S r Thomas Laurence beareing date the Eighth 
journal. day of Aprill last is an illegall Comittm' And that the said 

S r Thomas Laurence ought to be discharged & sett at Large. 
The house adjournes till to Morrow Morning Nine of the 

Clock. 

Saturday September 23 th 1693. 

The house again mett & were called ouer & were Absent 
these following Members Viz* Two Citty Delegates together 
w ,h M r Harris, M r Ashman, M r Smith, M r ffinney M r Robins, 
M r Tripp, Doct r Brookes, M r Ennalls, M r Pinder, and all 
Cascill County Delegates, Then was read ouer what was 
done Yesterday. 

The house Resolve themselves into a Grand Comitte to goe 
upon the Conference yesterday appointed and doe Ord r & 
constitute M r Kenelm Cheseldyne, Chaireman of the same 

The said Corhittee returne to the State house, where M r 
Speaker reasumeing the Chaire, Signified to the house that 
the Councill had acquainted him w lh their Receipt of a Lett' 
from S r Edmond Andros w ch specifyed his haueing a Comis- 
p- 10 sion for the Gouermn'in Case of Gouerno r Copleys death and 
therefore though the Conference need less & withall desired 
the Speaker to make known [the same to the house] 

Debated whether the Conference shall goe on or noe, & 
Voted accordingly & carryed in the Affirmative. 

Ordered that a Message be drawne up & sent to the said 
End and purpose, which was done as follows, Viz' 

By the house of Assembly September the 23 th 1693: 
Upon M r Speakers makeing Report to the house of S r 
Edmund Andros's Comission to succeed in the Gouermn' in 
Case of Gouerno r Copleyes death the house are notwithstand- 
ing desirous to goe on in the Conferrence this morning 
appointed for Satisfaction of the legality of their power 
according to the Kings Comission & was likewise so voted by 
the house. 

Signed -p Ord r 
Hen Denton Clk Assembly. 
M r Dent, M r Whittington & 
M r Mitchell sent upon the said 
Message. 

They returne back & say that they delivered their said Mes- 
sage, & that the Councill Acquainted them they would Enter- 
taine the said Conferrence on Munday Morning by Eight of 
the Clock. 



Assembly Proceedings, September 20-26, 1693. l 5 

The Comittee of Grievances goe out upon their Charge. Original 
The house Adjournes for halfe an houre. Journal. 

The house again mett & were present as before. 

The Comittee of Grievances bring in their further Report 
to the house which being grounded upon the petition & Com- 
plainte of Coll Jowles the same being first read did run in 
these following words Viz' 

To the Hon We the Lower house of Assembly. 

The Humble petition of Coll Henry Jowles 
Sheweth 

That your petitioner in the month of Aprill last past was 
sent for by an Ord r of Gouerno r and Councill to make his 
Imediate appearance before them, there to answer such 
matters & things as should be Objected ag' him, where to his 
great Charge, Expence & trouble, he was forced to wayte & 
attend ffive dayes before he could know what they had to 
allegde ag' him, at last being called to answer, they had 
nothing to Object ag' him but a lett r he had writ to the Hon ble 
S r Thomas Laurence upon his being carryed to prison, a 
Coppy whereof for your Hon" better Satisfaction is here 
Enclosed ; for w ch Lett r (though there was nothing in it but 
what Coition Civillity might Obleidge him or any man to write) 
he was compelled imediatly to giue them Bond w th good secu- 
rity of a Thousand pds St r " for his good behaviour or Else 
goe to prison, This y r pet r did •pforme, & hoped then he might 
beatquiett but about the 25" 1 of August last past came another 
Order of Gouerno' & Councill to Cap' John Bigger to Take 
your pet r into Custody & him to safe keepe till he finde good 
security of a Nother Thousand pounds St rl for his good beha- 
viour & to make his personall appeareance at the next provin- 
ciall Court there to answer unto such things as should be 
Objected ag' him on behalfe of their Maj' ies in generall Termes 
w' h out mentioning any particular Matter which ought to haue p. 11 
been Incerted, This likewise your Pet r was Compelled to 
give, & did give rather then lye in prison, And last of all 
since the death of the Gouerno' upon the I4' h day of Septem- 
ber Cap' Keech w th his Lieutenant came to your pet" house 
and apprehended him by an Ord r from Coll Ninian Beale 
which was in pursuance of an Ord'of Councill to Carry him to 
his owne house & clap a safe Guard ouer him (without 
Expressing one word or tittle for what.) upon which your pet' 
utterly refused to yeild any Obedience to it, and by that 
meanes w' h much Truble has made a Shift to preserve his 
Liberty by keeping out of the way till he might haue the hap- 
piness and ffreedom of Addressing himselfe to this hon"' 1 house 



Assembly Proceedings, September 20-26, 1693. 
ginai of Assembly, Thus has your pet r been most unworthily & 



Journal. 



Ungratefully requited for the Service he had done his Maj tie 
in the late Revolution which notwithstanding the King him- 
selfe was graciously pleased soe farr to Accept off, as to make 
y r pet r one of his Hon ble Councill & to place him in the very 
first Ranke of them, out of which also they haue most Mali- 
ciously & Injuriously remoued him without any cause, and 
contrary to the Great Charter of England, which hath provided 
that noe ffreeman shall be destroyed or Condemned but by 
Lawfull Judgm' of his peeres, and even then to be Amerced 
or punished according to the quantity & Quality of his offence 
as appeares by the 9 th H: 3 C. 14: By all w ch it is most 
apparent, They haue contrived & to the utmost of their power 
doe Endeavour the Utter Ruine & destruction of the pet r & 
his posterity. 

Wherefore y r pet r humbly prayes this hon ble house of 
Assembly that they will please to take his case into their 
serious & Judicious Consideracons to protect him from any 
violence may be offered him whilest he is makeing this his 
Just Complaint and that you will please to Ord r his accusers 
(if any) to lay their Accusations open before your Hon rs & 
upon due Examinacon if it shall appeare that he has done 
any thing not Justifyable or unworthy that trust & confidence 
his Maj" e Reposed in him, that he may then suffer according 
to his demeritts otherwise that he may be cleared & acquitted 
of his Bonds afd. And be again restored to those places of 
Trust & Hon r their Maj ties were pleased to Conferr upon 
him & 

As in Duty bound he shall Ever pray &c. 

Afterward was Ordered the ffollowing Lett r to be Read. 

Hon rd S r 

coppy of Coii * haue been under a great dissatisfaction euer 

jowies Letter to since my Last Visitt, w ch was rendred so fruite- 
Sr Th0 - Laurence less & Impertinent by that watchfull surly old 
Cerberus y r Guardian, that I could not haue the Oppertunity 
so much as to Enquire into the Causes of your Calamity nor 
offer y r Hon r the Civility of my Assistance in any thing 
wherein I might be Serviceable: wee read that in the Reignes 
of some of the Caesars (Tyrants) to shew any kindness or 
respect, nay to be of a known familiarity with a person pro- 
scribed, was Crime Sufficient to bring a man vnder the same 
proscription; But I hope it is not soe now, These are surely 
dayes of more Christian Liberty, & in this Confidence I haue 
sent my Sonn in law to wayte on your hon r w lh the Tender of 



Assembly Proceedings, September 20-26, 1693. ! 7 

my respects & Service w ch I had not before the Oppertunity to Original 
Offer, but hope this paper may finde a greater ffreedom, The J ourna • 
world is amazed at y r misfortunes and divers Enquire of me 
the cause of it, but I am able to resolve them nothing though 
I wish I knew better for my owne Satisfaction, w ch I humbly 
begg your hon r if it be not Impertinent, In the meane time I p. 1- 
doe dayly wish & pray for your Enlargment, or if that cannot 
be, at least for a more comfortable Confinem' then that hole, 
& Aer, w ch if you stay hott weather I feare 

would much prejudice your health If I can any wayes serve 
your Hon r I beseech you be pleased to lett me receive your 
Cofnands by this bearer & you will highly oblidge 
Hon' d S' 
Your most Humble & ffaithfull Serv' 
Aprill 21 th 1693 Hen Jowles 

Vera Copia. 

Then was read the Journall & Report of the Cofnittee 
thereupon as follows Viz 1 

Saturday September the 23 th 1693. 

The Cofnittee mett againe at the place afd all the Members 
being p r sent 

Then was read what was done yesterday. 

Cap' Whittington is sent for Coll Jowles. 

Cap' Whittington returnes with Coll Jowles. 

The Cofnittee proceeds to read the Complaint of Coll 
Jowles who likewise appeares before them And Cap' Bigger 
came likewise whoe informed this Cofnittee that some time in 
the Month of September by vertue of an Ord r of Councill of a 
former date he did take Bond of the said Coll Jowles to 
answer at the next Provinciall Court to what should be 
Objected ag' him in Generall termes w' h out any particular 
Crimes alleadged, And he beleives the bond to be taken 
according to the said Termor of Ord r of Councill, And 
for further Satisfaction to the Cofnittee they sent Cap' Whit- 
tington for M r Lewellin, Cap' Whittington returnes w' h M r 
LLewellin. 

Who being Likewise Examined acquaints the Cofnittee that 
by vertue of an Ord r of Councill he did Take bond of Coll 
Jowles as is in the first part of the peticon mentioned, that he 
does not know of any other particular cause then the said 
Lett' of which he beleives this to be a True Coppy that the 
Tenor of the said Bond was to be of his good behaviour & 
answerable when Required. 

The Sence of this Cofnittee is that the first Bond not shew. 
ing what he was bound for, nor when nor where to appeare j 



1 8 Assembly Proceedings, September 20-26, 1693. 

Original And the second Bond being taken w th out makeing appeare or 
journal. Expressing either the breach of the first or any Crime Col- 
lateral! to it they were both illegally & Unjustly extorted from 
the Pet r an invasion of the Subjects rights & privilidges in this 
wee unanimously agree on ; as to the last part of the petition 
wee conceive it does not ly properly before us, The Pet r being 
left to his remedy at Law. 

John Spratt Clk Comittee 

Comittee adjournes till Munday Morning 9: of the Clocke. 

Upon the said Report being read, the house Unanimously 
agree w th the Report of the said Comittee and are of the same 
opinion. 

Moued by a member of the house whether it be not a 
Grievance to the Subject & in Derogation of the Comon Law 
for the Chancello r to grant an Injunction or give a decree in 
any cause Contrary to the matter of fact found by a Jury & 
the matter of Law adjudged by a Court of Comon Law in 
this Province, Especially the Provinciall Court. The same was 
refferred by the house till further Consideracon 

The house adjournes till Munday Morning nine of the Clock 



Munday September the 25 th 1693. 

The house again mett and were called over & were absent 
these following Members Viz' the two Citty Delegates together 
w th Maj r Camble, M r Clarke M r Watson, M r Mitchell, M r 
Ashman, M r Boothby, M r Smith, M r ffinney M r Robins, all 
Dorchester County Delegates, and M r Crooke. 

Then was Read ouer what was done on Saturday. M r 
Dent & M r Whittington sent to the Councill to Signifye to 
their Hon" that the house is ready to Enter upon the Confer- 
ence this day appointed and agreed upon. 

Moued by a member of the house that the Councill may be 
sent to, to desire their hono rs would be pleased to Remitt 
hither their Maj !ies Instructions relateing to the Constitucon of 
the Governm' for the peruseall of this house, and voted 
Accordingly & carryed in the Affirmatiue. 

Maj r Cambell appeares in the house. 

The Messengers Returne & say they delivered their said 
Message to the Councill whoe for Answer returne that they 
will send the house notice when they are ready for the Con- 
ferrence. 



Assembly Proceedings, September 20-26, 1693. 19 

Moued by a member of this house on behalfe of Coll origi 
Jowles concerning a Bond of the said Coll. Jowles's passed by Jou " 
him to their Maj ,ies & now lyes Lodged in Cap' Biggers 
hands, therefore thinks it proper that the same may be 
delivered up into the hands of the Clk of this house, there to 
Remaine till further Ord r from this house, the takeing the said 
Bond being already Voted to be illegally Extorted ; 

And there vpon putt to the Vote whether the same shall be 
delivered up accordingly or noe, & carryed in the Affirmative ; 
And the said Cap' Bigger did thereupon deliver up the same 
to the Clk. aforesaid. Putt to the Vote whether the motion 
on Saturday made concerning the Chancello rs granting an 
Injunction after a Verdict of Twelve men & Judgm s given 
thereon, be a Grievance or noe, and Carryed Nemine contra- 
dicente in the Affirmatiue. 

Coll Hutchins comes from the Councill & Sayes they are 
ready to Admitt the house to the Conference. The house 
thereupon resolue themselves into a Grand Comittee & 
Choose M r Cheseldyne Chaireman thereof & soe gee up 
upon the said Conference. The Gouerno r of Virginia come- 
ing in the Interim Occasioned the s d Conference to be deferred, 
and thereupon they repaired to the State house againe, where 
M r Speaker Reassume the Chaire. 

The house Adjournes till to Morrow Morning Nine of the 
Clock. 

Tuseday September the 26 ,h 1693: 

The house again mett & were called ouer & were absent 
these following Memb rs Viz' Two Citty Delegates together w' h 
M r Watson, M r Ashman, M r Smith M r ffinney M r Robins, all 
Dorchester County Delegates & M' Crooke. 

Then was read ouer what was done Yesterday. 

Ordered that a Message be drawne up to the Hon ble the 
Secretary which was done as follows Viz 



By the house of Assembly Septemb r the 26' h 1693. 

Ordered that Cap' William Whittington goe and Desire his 
Hono r the Secretary for to send the Booke of Laws together 
w" 1 the Originall Bills corrected & passed the last Assembly 
for the peruseall of this house. 

Signed -p Ord r 
H Denton Clk Assembly. 



20 Assembly Proceedi>igs, September 20-26, 1693. 

Original M r Dorsey sent along with Cap' Whittington upon the said 
journal. Message M r Dent, M r Hamond, M r Tasker, M r Jones, M r 
Harris, & M r Greenfield sent up to the Councill to desire an 
Answer to the former vote of this house concerning the Con- 
stitution of the Gouernm' whereof their Hono rs haue had 
already a Coppy. 

Then was Read the following petition. 

To the Hon ble the house of Assembly now Sitting. 

The humble petition of Garret V: sweringen Sheweth 

That your Pet r has engaged himselfe for Divers Sufnes of 
Money & past Bills of Exchange for Liquors & provisions for 
the Supply of the Countrey this present Assembly ; and unless 
he had so done he could not be fitted to Accomodate your 
hono rs at this present, & Notwithstanding all, was forc't to 
giue great rates, as is very well knowne, almost double what 
they were a yeare agoe. 

And now your pet r must sell for tobacco w ch y r Hono r well 
knowes the vallue off; soe that if rates be not altered from 
what they were last Sett, y r Pet r will absolutely be a great 
looser, & neuer be able to discharge himselfe from his Money 
Obligacons he has run himselfe into, to Serve the Countrey as 
aforesaid. 

Y r pet r therefore humbly prayes that your hono" would 
take his present Condicon into your serious Consideracon and 
that you would be pleased to Sett the rates that there be noe 
future trouble about altering accompts but that your pet r may 
send them in compleat at once, also that your Hon" would 
consider that he is a great looser at 10: pds of tobacco a meale 
& alter it as you in your wisdome shall thinke reasonable. 
And he shall Ever pray &c. 

The same was referred for further Consideration. Cap' 
Whittington & M r Dorsey Returne & say that the Secretary 
has Ordered his Clk: to bring hither the Booke of Laws for 
their peruseall but as to the Originall Bills he sayes he can 
give noe acco' thereof. 

M r Dent & the rest of the Messingers sent to the Councill 
returne and say they delivered their Message in Charge given 
them. 

Message from the Councill by M r Tench which was 
Expressed in the words following Viz' that his Excellency 
Comands the members of this hon blc house to Attend him at 
the Councill Chamber Immediately. 
p. 15 M r Speaker thereupon together with the rest of the houses 
Members goe up to the Council Chamber accordingly, where 
being admitted, 



Assembly Proceedings, September 20-26, 1693. 21 

His Ex ncie was pleased to acquaint them that their Maj ties 0n g 
had Comitted the Care of the Gouernm' (in the absence of Jour 
Coll ffrancis Nicholson) unto him ; and that thereupon he had 
Continued all Officers Military and Civill in their former 
Station, untill further Order the which he had Signified by his 
proclamation and Beat of Drum ; his Ex ncie likewise Express- 
ing himselfe to be glad to see so many Gentlemen together 
that had been instrumentall in the Makeing soe many good 
Laws in this Province, but with all Told them that he had noe 
further Occasion of their present Assistance, therefore he 
declared that in their Maj' ies Names he did dissolve them, And 
that accordingly they were dissolved, 
ffinis 

H Denton Clk Assembly. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND. 



At a Session held at St. Marys September 20 to 
October 18, 1694. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE UPPER HOUSE OF ASSEMBLY. 



At a Councill held at the Councill Chamber in a Gen" origi 
Assembly Convened at the Citty of Sn' Maries the 20 th day of £" u , r " 
September in the Sixth yeare of the Reigne of our Soveraigne 
Lord & Lady King William & Queen Mary &c" Anno Dom. 
1694 being Thursday. 

Present 
His Ex" cy ffrancis Nicholson Esq r 
S r Thomas Laurence Baron' Secretary ~) Coll David Brown 
Coll Henry Jowles 

Coll George Robotham | 

Coll Nicholas Greenberry J Thomas Brooke Esq r 

Appeared alsoe the Hono ble Coll Charles Hutchins one of 
their Maj ,ies Councill appointed whoe had Administred unto 
him the Oathes appointed by Act of Parliament instead of the 
Oathes of Allegiance & Supremacy as likewise the Oath of 
Councill" as alsoe Subscribed to the Test, not being afore 
sworn. 

Petition of the Major part of the ffreeholders & ffreemen of 
Kent County on behalfe of M r William Harris & M r Thomas 
Piner against M r Hans Hanson & M r Thomas Smith whoe 
they Alledge are illegally chosen & Returned to serve as 
Delegates for the said County in the Roome & stead of the 
said Harris and Piner, The said petition being subscribed to 
by 52 persons. Ordered that the said petition be Referred 
to the house of Assembly to be inquired into & Redressed 
according as they shall finde the Truth of the Matter appeare. 
Sent the 2 2 d of Septemb r 1694. 

Indentures of the Election of Burgesses being Returned 
according to Act of Assembly Viz' ffour for every County 
& two for the Citty of Sn' Maries, Ordered that the same be 
Delivered to the Hono ble Coll Henry Jowles [Keeper] of the 
Seale 

His Hono r Cap' John Courts appeares at the board 

Indentures already returned Viz' 

Dorchester County] Kent County ] Sn' Maryes County 

Charles County > Somersett County > Calvert County 
Baltemore County j Talbot County J 

His Ex ncy proposeing to the Board in whom the Right of p. 2 
Chooseing a Clerke for the house of Burgesses laye, Was 



26 Assembly Proceedings^ Sept. 20-Oct. 18, 1694. 

Original answered that there was once a Contest about the same in my 
journal. L or d Baltemores time, but that my Lord did appoint them a 
Clerke at that time, His Ex ncy therevpon did desire them to 
inquire and advize whoe might be a fit person to Execute that 
Trust as likewise Give Notice to the Members of the house of 
Burgesses now in Towne that when they meet together & 
haue perused their Writts of Ellection they send to this Board 
to make knowne their being mett in Obedience to their Maj ,ies 
Writts of Election & that some persons from this Board may 
be Authorized to Administer the Usuall Oathes appointed by 
Act of Parliament instead of the Oathes of Allegiance & 
Supremacy, & Test unto the severall members thereof, & 
Likewise to acquaint them that if the Burgesses are not all 
Come to Towne he would have them deferr chooseing a 
Speaker till there is a full house, that the same may be done 
in a faire manner to the likeing of the maj r part of the house 
his Ex ncy being willing to stay a day longer, for that End & 
purpose. 

In Reading ouer the Journall of the house of Assembly held 
in September last the following Clauses therein Contained 
were Ordered to be taken Notice off & inserted in this Jour- 
nall Viz' 

Saturday September the 23 th 1693: 

The house Resolve themselves into a Grand Cnfnittee to 
goe upon the Conferrence yesterday appointed & doe Order 
& Constitute M r Kenelm Cheseldyn Chaireman thereof, The 
said Comittee returne to the State house where M r Speaker 
reassumeing the Chaire Signyfyed to the house that the 
Councill had acquainted him with their Receipt of a Lett/ 
from S r Edmond Andros which Specifyed his haveing a 
Comission for the Govern' in case of Governor Copleys death 
and therefore thought the Conferrence needless & withall 
desired the speaker to Make knowne the same to the house. 

Debated whether the Conference shall goe on or noe, & 
Voted accordingly & Carried in the Affirmative. 

Ordered that a Message be drawne Up & sent to the said 
End & purpose, which was Done as follows Viz' 

p. 3 By the house of Assembly September 23 th 1693. 

Vpon M r Speakers Makeing Report to the house of S r 
Edmond Andross Comission to succeed in the Governm' in 
case of Gov 1 Copleyes death the house are notwithstanding 
desirous to goe on in the Conference this Morning appointed 
for Satisfaction of the Legality of their power according to the 
Kings Comission & was likewise soe Voted by the house 
Signed *p Ord r 

H Denton Clk Assembly. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 27 

M r Dent M r Whittington & M Mitchell sent upon the said Original 
Message. _ Jour,,al - 

They Returne back & say that they delivered their said 
Message & that the Councill acquainted them they would 
Entertain the said Conference on Monday Morning by Eight 
of the Clock 

Munday September 25 th 1693 

M r Dent & M r Whittington sent to the Councill to Signifye. 
to their Hono rs that the house is ready to Enter upon the Con- 
ference this day appointed & agreed upon 

The Messingers Returne & say they delivered their said 
Message to the Councill whoe for Answer Returne that they 
will send the house Notice when they are ready for the Con- 
ference. 

Coll Hutchins comes from the Counsell & sayes they are 
ready to Admitt the house to the Conference. 

The House thereupon Resolve themselves into a Grand 
Cofnittee & Choose M r Cheseldyn Chairman thereof & soe 
goe up Upon the said Conference. 

The Governor of Virginia comeing in the interim occasioned 
the said Conference to be defered, & thereupon they Repared 
to the State house again 

Tuseday September the 26 th 1693; p 4 

M r Dent, M r Hamond M r Tasker M r Jones M r Harris & M r 
Greenfield sent up to the Councill to desire an answer to the 
former Vote of this house concerning the Constitution of the 
Governm' whereof their hono rs haue had already a Coppy. 

They Returne & say they delivered theirMessage in Charge 
given them. 

Message from the Councill by M r Tench, which was 
Expressed in the words following Viz' That his Ex ncy Comands 
the Members of this Hon ble House to Attend him at the 
Councill Chamber imediately. 

M r Speaker thereupon together with the Rest of the Houses 
Members goe up to the Councill Chamber accordingly, where 
being admitted, his Ex ncie was pleased to acquaint them that 
their Maj tcs had Comitted the Care of the Governm' (in the 
absence of Coll ffrancis Nicholson) Unto him ; And that there- 
upon he had continued all Officers Military & Civill, in their 
former Station ; Untill further Order ; the which he had 
Signified by his proclamacon & beat of Drume ; His Ex ncy 
likewise Expressing himselfe to be glad to see soe many 
Gentlemen together that had been instrumentall in the Make- 
ing soe many good Laws in this Province, but withall told 
them that he had noe further Occasion of their present assist- 



28 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original ance, therefore he declared that in their Maj ,ies Name he did 
journal. ,-ij sso ] ve them & that accordingly they were dissolved. 

His Ex ncy makes demand of the Board where the Letter 
aforemenconed sent by S r Edmond Andros was, whoe made 
Answer that the same was in the Custody of the then Clerk. 

Ordered thereupon that the said Clerke be sent for & 
inquired & sworne about it & whether he has delivered up the 
same together with all other Councill papers & Journalls. 

post Meridiem 

The Councile Mett & Satt & were present as before. M r 
Thomas Tench added, 
p- s Message from the house of Burgesses by M r William Dent 
M r Rob' Smith Cap John Hamond & M r Edward Boothby 
whoe Signified to this Board that the house of Burgesses were 
mett pursueant to their Maj ,ies Writt of Election to whonie his 
Ex ncy returned for answer that he would send some of the 
Councill lawfully Authorized downe to their house either this 
Evening or to Morrow Morning to sweare the severall 
Members of the house according to vsuall Custome & forme 
& Likewise the Clerke of their House. 

Ordered thereupon that Comission issue Under the Great 
Seal to Authorize The Hon ble S r Thomas Laurence Baron' 
Secretary Coll Henry Jowles Coll George Robotham & Coll 
Nicholas Greenberry or any three of them to Administer the 
Oathes appointed by Act of Parliament in stead of the Oathes 
of Allegiance and Supremacy & Test. Coppy of their Maj" e5 
Instruction to his Ex ncy relateing to the Councill & Members 
of the House of Assembly takeing the Oathes & Signeing to 
the Test sent to the House of Burgesses by the Clarke of this 
Board being given in Charge to Signifie that it being late in 
the Night they shall not haue time to sweare the Burgesses of 
the House but that to Morrow Morning by Tenn of the Clock 
his Ex ncy has Appointed four of the Councill to Sweare them 
according to the Instruction now delivered, he Returned & 
sayes he delivered the said Message & Coppy of Instruction. 

M r Dent & Messingers last sent from the house appeare 
again at the board and doe say that they received the Admoni- 
tion sent by the Clerke but that they are not as yet a house 
though Sumoned to Sitt as on this day therefore did conceive 
that they Could not adjourne without Writt, the which his 
Ex ncy told them should issue & did accordingly issue Under 
the Great Seale Signed by his Ex ncy & was published by the 
Sherriffe of Sn" Maries County of their being Adjourned 
Untill the Next Morning Tenn of the Clock. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 29 

Read two Instructions of their Maj ties relateing to Bulk Orig 
Tobacco & ports as alsoe two Letters from her Sacred Maj ,ies J ourl 
relateing to the same being directed to the Late Govern r 
Copley & another Lett 1 from her Maj ty directed as aid p. 6 
recomendinga Supplyeto be sent from thisGovernm 1 towards 
the Assistance of New Yorke ag' the ffrench & ca severall other 
papers alsoe being read which being thought too tedious for 
to be here incerted to Represent in a Speech is rather left to 
be particularized to the house when settled for them to Con- 
sider off. 

Ordered that Comission issue to Constitute Cleybourn 
Lomax Clerke of the House of Burgesses to pass the Lesser 
Seale &c. & to Runn dureing pleasure. 

Religion Service of the King & interest of the Countrey, 
Three heads to be observed to the House in a Speech. 

Proposed by his Ex ncy to the Board whether or noe a 
publick fast and day of humiliation would be convenient to be 
Strictly keept & observed throughout the Province for the 
craveing a Blessing upon their Maj ties persons & the Success 
of their fforces by Sea and Land as likewise to Implore a 
blessing upon the Endeavours of this present Assembly con- 
vened & the Uniteing all persons (where any differences have 
happened) into a Christian like temper & Neighbourly corres- 
pondence, to which was Answered that the same would be 
Very Necessary & Ordered thereupon that proclamations 
accordingly issue Under the Great Seale & that Wednesday 
next be kept by the Assembly & this Citty & Wednesday 
after by the Rest of the Countyes within this province & all 
persons strictly Enjoyned to Observe the same. 

ffryday September the 2 1 ,h 1 694. 

The Councill again Mett & Sate & were p r sent as Yesterday 
w lh the Addition of Coll Jn° Addison 

Comission Empowering the Gentlemen Yesterday appointed 
& Ordered to sweare the Delegates of the house &" being 
read was signed by his Ex ncy & passed the Broad Seale of the 
province. 

The said Gentl: accordingly goe to the house of Burgesses 
Attended by the Clerke of this Board 

They Returne & say that they have duely Executed the 
said Comission & that the severall & Respective Burgesses 
did all take the said Oathes except Richard Johns a Delegate 
chosen for Calvert County & John Edmondson a Delegate 
chosen for Talbot County whoe refused to take the said 
Oathes & Cap' William Whittington of Somerset County not 
yet Come to Towne. 



3<d Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original The Test likewise was Subscribed to by the severall 
journal. M emDers in Manner following. 

At the City of Sn' Maries September the 21 th 1694. 
Maryland ss : 

Wee the Subscribers doe declare that wee doe believe that 
there is not any transubstantiation in the Sacrament of the 
Lords Supper or in the Elements of bread & Wine at or after 
the Consecration thereof by any person whatsoever. 



Sn' Maryes City \ 
John Watson \ 
Tho Waughop J 



Baltemore County ") 
Edward Boothby | 
John fferry V 

James Maxwell | 
ffrancis Watkins J 



Sn' Maryes County J 
Kenelm Cheseldyn j 
Robert Mason 
Philip Clarke 
John Bayne 



Talbot County J 
Henry Courcey ! 
Robert Smith j 
Tho: Smithson 



Kent County J 
William ffrisby 
Hans Hanson 
John Hynson 
Tho: Smith J 



Somerset County ~) 

John Bozman 
Math. Scarbrough 
Thomas Dixon 
William Whittington 



Ann Arrundell County "j 
John Hammond 
Richard Hill } 

Edward Dorsey 
James Sanders J 



Dorchester County ") 
John Pollard 
Henry Hooper } 
Tho: Hicks 
Tho: Ennalls 



Calvert County ^ 

Thomas Green feild 

ffrancis FH Hutchins j 

George Lingan J 



Caecill County ) 

S l Leger Codd 
John Thompson }■ 

W m Pearce 
Casp r Augus Herman J 



Charles County 
Henry Hawkins 
James Smallwood 
William Hutchison 
William Dent 



Cleborne Lomax 
Clk of the House of Delegates. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 31 

Coll Hutchins & Coll Browne sent downe to the House to Origin 
acquaint them that his Ex ncy expects their Attendance in the £°g rna 
Covncill Chamber presently. 

They Returne & say that the House are comeing up. 

They Accordingly Apprare. 

His Ex ncy acquaints them that he Understands that all but 
three had taken the Oathes & Subscribed to the Test pursuant 
to his Maj ties Royall Instructions & as the Law directs there- 
fore he willed them to Repare to the House again & choose 
their Speaker & present him to this Board & then it should 
be given them in Charge what to proceed upon. 

Read his Ex ncies Speech designed to be Spoken to the 
house of Burgesses w ch was well approved off by the Board. 

Petition of the Inhabitants Scituated upon the South Side 
of Patapsco River praying that they may be Rejoyned to the 
Covnty of Ann Arrundell as formerly they were w ch being 
Read, Ordered that the said peticon be sent to the house of 
Assembly for their consideracon. 

Petition of John Deveghe whoe prayes to be Naturalized 
Referred to the House. 

The House of Assembly appeare again & present M r Robert 
Smith to be their Speaker & Thereupon his Ex ncy was pleased 
to Signifye to them in Manner following Viz 1 

Gentlemen. 
That God Almighty may bee Solemnly implored I have 
with the advice of their Maj ties Hon blc Covncill appointed a 
fast & day of Humiliation to be kept (& the Severall Reasons 
for soe doeing you may see in the proclamacon for it) And 
doe not Doubt but that your House will cordially observe the 
day appointed. 

Gentlemen 

I have severall things to Impart to you concerning Religion 
their Maj tles service the good & wellfare of this province (which 
you may be assured their most Sacred Maj ties doe & will most 
gratiously take especiall care of) To Innumerate the severall 
particula" to you, I think not soe proper at this time but when 
you agree to have them laid before you they shall After- 

wards. 

The Speaker humbly desired free Access at all times to his 
Ex ncys person with protection for himselfe & the rest of the 
members in all their priviledges, the which his Ex ncy did 
Assure them off. 

They desire that M r Cleybourn Lomax may be admitted 
their Clerke which was Granted & Cofnission given him at 
the Board Under, the Lesser Seale of the province & at the 



32 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original same time had Administered Unto him the Oathes appointed 
jou.nah ^ ^ c( . Q j- p ar ij ament i ns t ea d of the Oathes of Allegiance & 
Supremacy, as also the Usuall Oath of Clerke of that house & 
likewise subscribed to the Test the which was Signifyed to the 
house by the said Lomax whoe had Likewise Coppy of the 
Clerks Oath given him for Satisfaction of the House. 

Post Meridiem 

Read Proclamation relateing to the ffast which being- 
Approved off by the Board was Ordered to be prepared 
ready to pass the seale & Authentick Coppyes of the same 
made to be sent to the severall Counties of the province, in 
Order to be published. 

Adjourne till to Morrow Morning Eight a Clock 

September 22 th 1694: 
Covncill again sate & were Present as Yesterday 
Clerke of this board sent to the house of Assembly to 
acquaint them that his Ex ncy expected their Attendance at the 
Covncill Chamber to heare his Maj' ies Royall Comission to 
him for being Governo r of Maryland Read, Whoe returnes & 
sayes that they will waite upon his Ex ncy Accordingly Procla- 
macon appointing the fast & ca passed the Broad Seale. 
Ordered to be published in the Citty this Morning : 
The House of Assembly come up to whome his Ex ncy 
declared that he Understood it was Usuall to have the Kings 
Comission publickly read in the Assembly and for that Cause 
he had now sent for them, the which was accordingly pro- 
duced & Read Unto them as likewise Comission of Vice 
Admirall 

Post Meridiem. 

Again Sate & were present as before Except Coll 
Robotham 

Message from the House by M r Boothby & Three other 
Members Signifyeing their being Mett yesterday & To day 
pursuant to an Instruction yesterday sent them therefore 
desired to know what his Ex ncy had to impart Unto them. 

His Ex ncy acquaints them that they shall have an Acco' 
•p'sently 

The following Instructions Ordered to be drawne forth Viz' 

I st Conversion of Negros & Indians Recomended. 
2 dly ffor restraining Masters in humane severities ag' Chris- 
tian Servants. 

3 tlly Table of Marriages. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 33 

4 thly Against Drunkenness & Blasphemy. o, 

5 thly about publick Stock for Building public Worke J° 
Houses. 

6 thly Supply to the Governo r 

7 thly Expences of the Burgesses to be Moderated. p. 

The Aboue Instructions were drawne forth at Large Exam- 
ined & sent Attested under the Clks hand together with the 
ffollowing Letters & papers. 

The Queens Letter of the i6 ,h of August 1692 : concerning 
Ports with a paper Superscribed. 

An Act for Setling of ports, and for Laying a duty vpon 
ffurrs. 

Report upon Certain Laws passed in the Assembly of 
Virginia 

Copy 12 December 1691 : Report from the Commissioners 
of the Customes upon a Virginia Act. 

The Queens Letter concerning Bulk Tobacco dated July the 
19 th 1692. 

The Queens Lett r Touching a Supply to New York The 
1 I th day of October 1692. 

Govern' of New Yorkes Lett' 8 th Jan ry 1693. 

Govern r of New Yorkes Letf 29 th July 1693. 

New Yorke Estimate for the Defence of Albany. 

Govern' of New Yorkes Lett r 2 d of March 169^ 

Govern' of New Yorkes Lett' 9 th of October -93 

Govern' of New Yorkes Lett' 27 th of July 1693. 

Robert fforemans Deposition & peticon of Kent County by 
M' Tench & Cap' Courts whoe likewise at the same time 
carryed the following Message to present. 



By his Ex cncy the Govern' & Covncill & ca 
September 22 th 1694: 
You have herewith sent Coppy of Severall Instructions 
from his sacred Maj ,ie to his Ex nc,e Recomended to the Con- 
sideracon of your house And as to his Maj ,ies Royall Instruc- 
tions concerning a further Supplye for the better Support of 
the Govern' his Ex ncy is pleased to let the house knowe that as 
to his owne particular, considering how much the Countrey is 
in Debt & what absolute Necesity there will be for discharge- 
ing the same & for the raiseing of such a fund as shall be 
Answerable to the Necessary Charge for the publick good of 
this province he does not insist upon any particular Addition 
to what their Maj"" have been graciously pleased to allow 
him. Signed -p Ord r 

Hen: Denton Clk Councill 



34 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original The said Messingers returne & say they delivered their 
^""p'u sd Message together with the aforementioned Instructions, 
Letters & papers. 

Message from the house by M r Dent & Maj r Smallwood 
whoe signifye that the house had sent forth a Comittee of 
Elections & priviledges & upon pervseall of the Several 
Indentures Returned doe finde noe Returne for Caecill County 
therefore humbly desired to be informed if any such Returne 
had been made to his Ex ncy or this Board, To which they were 
Answered they had Received None. 

The following Message sent from the House by the hands 
of M r William Dent & 9 more of the Members Viz' 

By the Assembly September 22 th 1694. 

Wee the Deputies & Delegates now Assembled. 

Doe most heartily congratulate your Ex ncys Access & Safe 
Arrivallto theGovernm' with a reallbeliefe yourComeing will 
be for our good & benefitt, fame having already proclamed 
your worthy actions done in other places And your begining 
amongst Us gives Us great assurance you will continue the 
same Unto Us in humble Confidence of Which Wee beseech 
your Ex ncy to Accept our humble & hearty thanks for the 
favours already received and also to believe that as Wee are 
obliedged to Uphold & Assert the Just Rights & priviledges 
of those Wee Represent soe our Actions shall ever demon- 
strate us truly Loyall to their Most Sacred Maj ls & behave our 
selves with all due Respects towards Your Ex ncy as becomes 
Your Ex" cie Most Humble Serv ,s 
Signed -p Ord r 
Cleborne Lomax Ok of the Assembly 

Adjourne till Munday Morning. 



Munday Morning September 24 th 1694: 

Covncill Mett & Sate & were present 

His Ex ncie the Governo' 

S r Thomas Laurence Barron' ] "j 

Secretary j Coll John Addison 

Coll Henry Jowles \- Cap" John Courts \ 

Coll Nicholas Greenberry | Thomas Brookes Esq' I 
Thomas Tench Esq J 

Read her Maj' i,:s Royall Letter of the 26 th May 1692 relate- 
ing to the Establishing a post Office here & ca 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 35 

Read likewise Coll Hamiltons Proposals for settleing the Or 
same being Deputed vnder Esq Neale whoe has pattent for J 01 
being post Master Gen" in the Northe parts of America as by 
her said Maj ties Letter is Sett forth to which the same does 
Referr. 

Ordered that inquirey be made whether any such pattent 
Deputation or instrument appeare any where upon Record 
w th in this province. 

Coll Hutchins & Coll Browne appeare at the Board. 

Read Coll Hamiltons Lett r to his Ex ncy of the i8 ,h of July 
1694 relateing to the post Office Ordered that all those 
present papers be sent to the house of Burgesses with their 
Maj' ies Royall Lett r aforesaid. 

Ordered that the Laws be inspected by this Board to see 
what remarkes may be made upon them. 1 r \C\'2A{" > ~* 

1 The Act of Recognition is thought not neeaTun to be 
altered 

2. An Act for the Service of Almighty God & the Estab- 
lished of the protestant Religion in this province. 

Proposed that An Addition be made to this Law Viz' : that 
in Consideracon the parishes being Large there be a greater 
Number of Vestrey Men appointed in each parish & that the 
Minister be one of the said Vestrey in each Respective parish 
pursuant to his Maj ties Royall Instructions & that Church 
Wardens be appointed that care be taken, according to his 
Maj ties Instructions likewise, for building of Houses for the 
Ministers & to finde out a way (if possible) by Contribution 
or otherwise for settleing a Glebe in each parish & building a 
Chappell of Ease where requisite & wanting to be done at 
the Choice & by the Agreem' of the parishion rs & ca or as they 
shall see fitt. 

That if a way can be found out to build a house in every p. 
pish for the ministers his Ex ncy does propose to give five 
pounds Sterl. towards building every such house begun in his 
Ex ncys time & his Hono r S r Thomas Laurence Barron' Secre- 
tary does likewise propose that he will give towards the 
building of the first Tenem' houses which shall be built as afd 
(viz' one in each County) the Sume of 1000' of Tobacco 
towards each house, And if they find out a way for Glebes his 
Ex ncy Does propose to be at the Charge of Surveying the 
same, dureing his Ex ncys time. 

That (pursuant to his Maj' ies Royall Instructions) & the 
Right Hon lle & Right Reverent the Lord Bishop of Londons 
proposalls it is recomended that a fitting competency be found 
out for his Lsps Comissary to Supervise the Lives & Conver- 
sations of the Clergy of this Province &c. 

Coll Robotham aded. 



36 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original That a way be found out for the building a free Schoole for 
journal. ^ e province and a Maintenance for a Schoole Master an 
Usher & a Writeing Master that Can cast Acco ,s 

The which if it can be Agreed upon his Ex nc,e proposes to 
Give 50' towards building the said Schoole & 25 1 Sterl: ayeare 
towards the maintenance of the Masters dureing his Ex ncies 
time. 

His Hono r S r Tho: Lawrence will Likewise give 5000 1 of 
Tobacco towards the building the ffree Schoole & 2000' of 
Tob: yearely dureing his being Secretary towards the Mainte- 
nance of the said Masters likewise. 

That a way be found out, that when Ministers are Collected 
in each parish for to settle some thing for the Repareing of 
the Churches & an Annuall allowance to the Clarke & Sexton. 

Ordered that the foregoeing proposalls be Drawne forth & 
sent to the House together with Coppy of his Maj ties Royall 
Instruction relateing thereto w ch was accordingly done. 

To Propose a way to Restrain all Negroes from wandering 
about on Sundayes & to keep them from prophaneing the 
Sabath day in makeing of Rendevouze w th their Drumes & 
publick danceing as is Usuall with them. 
p- M Coll Addison & M r Brookes sent w ,h the said Message & 
Instructions. 

Petition of Andrew Imbert & Claudius Dutrite, praying to 
be made ffree Denizens of this province, Ordered that the 
same be referred to the House of Burgesses. 

Thomas Courtneys petition being Read relateing to a 
Molatto sett free by An Act of Assembly of this province, was 
Referred to M r Attorney Gen" & he to make Report what the 
Law Sayes in that Case. 

Adjourne till to Morrow. 



September 25 th 1694. 
Covncill Mett & Sate & were present 

His Ex nc * & ca 
S r Thomas Laurence Barron' Secretary "j Coll David Browne 
Coll Henry Joweles ! Thomas Ten eh Esq r 

Coll Nicholas Greenberry j Cap' Jn° Courts 

Coll Charles Hutchins J 

Coll George Robotham 

Coll John Addison 

Thomas Brookes Esq r 

Severall petitions from Roman Catholiques being Offered to 
this Board for Armes taken away from them in the time of the 
Revolution 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 37 

Ordered that the house of Assembly be acquainted there- Oi 
with to the End it may be knowne if there be any Reason J°" 
whye the same should not be delivered them. 

Ordered that it be proposed to the house that a Law be 
made for his Maj tics Lett r to the Lord Bishop of London to be 
Comunicated to the two provinces of Canterbury & Yorke, be 
Read in every parish Church or Chappell ffour times a yeare 
together with the penall Lawes of the province. 

That a Law be proposed to be made that parents ffre- 
quently bring their Children to be Catechized & that the min- 
isters call upon them. 

That a Law be made for a Stricter Method to be taken in 
keeping all Records within this province & that the Justices of 
the provinciall & County Courts doe Cause the minutes of 
every dayes proceedings together with the Judgm' 5 that day 
passed to be fairly transcribed by the Clerke of the Court ag l 
the next Morning the same to be openly read in Court before 
the Court proceed to any further Business that day 

That a Law be made that there shall noe accon be brought p. 
in any County Court within this province not Exceeding the 
sume of 400 1 of Tobacco & that all Under the said Sume may 
be decided by any private Justice of peace, or otherwise as 
it shall be thought Necessary. 

It is proposed That the Law for Navall Officers ffees be 
Amended by proportioning equall ffees to the Burthen of the 
Vessells ; & that whereas it hath been Represented a great 
Grievance that sloopes & Shallops tradeing from one place to 
another within this province are put to great Charge in Con- 
tinually Entering their said small Craft it may be provided 
that masters or owners of such Sloopes or Shallops shall 
yearely Enter their said Vessells at the same time giveing 
bond for duely Observing the Acts of Trade & Navigation 
for which a ffee of halfe a Crowne or Crowne may be settled 
upon the Officer Granting their permitts &" 

That the Law for Tradeing w' h the Indians maybe Repealed it 
being found that the said Trade is quite ruined, the same being 
inhanced by a few Lycensed Traders, But that a Law instead 
thereof be made w cl ' may impose some small Duty upon all 
ffurrs Exported out of this province by the Inhabitants here or 
of Virgin" but double or Treble Duty upon all fforraigners 
Exporting such goods. 

His Ex ncy does declare that though these Two Laws doe in 
particular concerne his Ex ncys owne Interest yet he is Willing 
to Square all Matters for the Ease of the Subject. 

Message from the House by M r Boothby & M r Hutchinson 
who Signifye that Cap' William Whittington being by Inden- 
ture Returned a Delegate for Somersett County the w ch 



38 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original Indenture being inspected by the Comittee of Elections & 
journal. p r i v iledges is found to be Legally chosen, but they perceive 
not qualifyed to sit before sworne pursuant to his Ex ncys 
Comission & their Maj ,ies Royall Instructions Relateing thereto 
before sent to the house therefore, doe desire that two or 
Three of the Members of this Board may be sent to Admin- 
ister the said Oathes & ca Unto the said Cap' Whittington. 
P . 16 Went Accordingly the Hono ble S r Thomas Laurence Coll 
Henry Jowles Coli George Robotham & Coll Nicholas Green- 
berry to the house with the Gierke of this Board & swore the 
said Cap' Whittington, whoe likewise Subscribed to the Test 
& soe Returned to the Board again. 

This Board does propose that a Law be made for every man 
to Ascertaine the Bounds of his Land to prevent Law Suites 
&" for want of which it is found a great Grievance. 

That an Addition be made to the Act for Runaway Serv' s 
to obstruct all Suspitious -psons from goeing over Susque- 
hanna River. 

That a Conditionall Law be proposed about prosecuting of 
Runaway Servants & Debt rs rune out of Virginia into this 
province & out of this province into Virginia in case a Law of 
the same nature be Consented to by the Governm' of Virginia 
to be passed there likewise for the equall benefit of both 
Governm' 5 

His Ex ncy proposes to the Board By what power the Govern r 
& Councill have Usually Granted Warr ts for Resurvey of 
Lands & it is Answered that there is a Law of this province 
(as they beleive) w ch relates to that Matter. 

Ordered thereupon that the said Law be produced and 
Inspected 

That the Sollicitor Gen" s Report Relateing to the i4 d -p 
Tonn be laid before the house for their pervseall, 

Ordered that the aforegeoing proposalls be drawne forth & 
sent to the house for their consideracon. 

The following Message brought from the house. 

By the Assembly September 25 th 1694. 
The house takeing in their Consideracon that the provinciall 
Court is very nigh at hand And that the Assembly shall not be 
Ended by that time, And alsoe Considering the great In Con- 
venience of the Court Sitting before the Assembly bee Ended 
Wee Leave it to your honors Consideration what at present is 
Offered. 

Signed -p Ord r 
Cleborne Lomax Clk Assembly 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 39 

The same was answered by a Message Sent by Coll Hutchins Original 
& Coll Browne Viz' l°"~~' 



17 



This Board have considered the Message last Reed & doe 
thinke fit & proper that the Prov" Court be Adjourned Untill 
the 6th day of November next if the House doe likewise 
thinke the same convenient. 

Message by M r ffrisby & M r fferry Viz' 

By the Assembly September 25 th 1694. 
This house Concurres with his Ex ncy the Governo r & Coun- 
sels for the Adjournm' of the Provinciall Court till the Sixth 
day of November Next. 

Signed -p Ord r 
Cleborne Lomax Clk Assem ,y 

Adjourne till Thursday Morning 



September 27 th 1694 Thursday Morning 

Covncill again Sate & were 

Present as Yesterday 
Except Coll Hutchins 

Proposalls to the House Viz' 

That the Law about Tobacco Hogsheads be amended in 
ascertaining the Tare of the Casque & makeing them of a 
Certain size & to be marked by the Coopers owne proper 
Marke or the person seting the same up. 

That an Act be made for the security of the Countrey. 

That an Addition to the Act about Bastard Children be 
made, Viz' for a Mast r that gets his Servant Woman with 
Child the said Servant to be set ffree. 

That Justices of the County Courts & Vestry Men be 
Empowered to make by Laws & ca 

That the ffrontier plantations be seated with Three or ffour 
able hands. 

That there may be a Clause incerted in the Act for the 
Militia that the Armes Amunition & horses of ffoot or horse 
be not impressed or lyable to any Execution & any Man 
takeing any of the said things in pawne shall be punished & 
lyable to make restitution of the same again. 

Petition of M r William Josephs about Armes taken from 
him &" 

Ordered that the same be Referred to the House of 
Assembly for their consideration. 



40 Assembly Proceedings, Sept. 10-Oct. 18, 1694. 

Original Ordered that what Armes were taken & seized at the 

journal. Garrison at Mattapany for their Maj ,s Use that there be an 

Acco' thereof Returned with all convenient speed to this Board. 

Petition of George Mason & William Burley about their 
lyeing under the sentence of Death for these severall yeares, 
being Read : His Ex ncy was pleased to demand of the Board 
how that Matter stood & his Hono r Coll Greenberry made 
Answer that they were Reprieved & a letter was sent unto 
Governo r Copley by M r Blathwait directing a Copy of the 
proceedings to be sent home, the w ch he sayes were accord- 
ingly sent by him to his Ex ncie S r Edmond Andross, in Order 
thereto. 

Ordered that the said Letter be produced at the Board to 
be sent with the petition for the peruseall of the House of 
Assembly 

Coll Hutchins appeares at the Board. 

Message from the House by M r Boothby & M r Hutchinson 
whoe doe Represent that upon their peruseall of the Act of 4 d 
•p Gall upon Liquo rs they doe finde that the Act does direct 
the same to be Lodged in the Kings Receivers hands and 
they Understanding that M r Plater is the proper Officer yet 
not knowing it Judicially they desired to be informed of the 
same more fully from this Board, To the End they may call 
him to Acco' according to the said Act. 

The Message approved off and Answer Given them by M r 
Tench And Coll Addison. That M r Plater is the Kings 
Receiver he is Ordered to Attend them accordingly. 

Ordered that thankes be Returned to M r Coney & M r 
Hewet for their Sermons preached yesterday being the day 
appointed for the ffast. And that M r Coney be desired to 
print his Sermon. 

Read the Answers & Opinions of the Attorneys relateing 
to the Councills heareing Writts of Error & Appeales & Con- 
stituteing the Court of Chancery & ca pursuant to an Ord r of 
Covncill September 22 th 1694 

To his Ex ncy The Govern' 
Maryland ss: 
P . 19 S r Wee haue in Obedience to y r Comands considered and 
Debated the Severall Matt* rs given us in charge which wee 
Conceive to Consist of these two propositions, (To witt) 

1 Whether by virtue of their Maj u " Comicon the Governo r 
& Councill are not Actually quallifyed and Enabled as a Court 
of Justice to heare and determaine all matters in Law that 
shall be brought before them by Error or appeale, or that 
there be a Necessity for any furth* Authority or Comission to 



Assembly Proceedings^ Sept. 20-Oct. 18, 1694. 41 

them for the same. To which Wee humbly Answer, wee are Original 
of Opinion that you & your Councill are Sufficiently Author- J" urnal - 
ized & Empowered by yo r Comission from their Maj" es to 
hear & determine all matters in Law comeing before you 
Either by appeale or Writt of Error from the provinciall 
Court without any further or other Comicon or Authority for 
the same but wee Conceive it Necessary for informacon of 
the people that you Signifye by proclamacon how often in the 
yeare you will sit to heare & determine such matters. 

2 What will bee the best Method or Manner for con- 
stituteing a Court of Equity or Chancery in this province 
According to the Constitutions of the same. 

Wee say that because you have power & Authority to Con- 
stitute Erect & Establish such & soe many Courts of Judica- 
ture and Publick Justice &" as to you shall seem conve- 
nient & Ca 

You may constitute a pticular Court of Equity in this Pro- 
vince but then for the hono r of the Governo r & Covncill it 
would bee Necessary to declare by a Law that any -pson 
Expecting to be Releived by Equity shall lay hold of the same 
by Injunction or Otherwise before the Matter in Law by 
appeale or Error bee laid before the said Govern" & Covncill 
& not affter Or Else you may procure a Law to be made 
declareing the Govern' & Covncill to be Judges in Equity 
within this province when the matter shall in a Regular Equi- 
table way be brought before them by Subp" Injunction or 
peticon & not otherwise and this wee say because wee are 
not Unanimously agreed w ch of the Two is most agreeable to 
the Currant of Law and Constitucon of this Province. 

And Wee humbly Signifye that wee take it to be ag' the 
Currant & meaning of the Law & Incongruous of it Selfe to 
have the same -psons Judges in the provin" Court & also 
Judges in Covncill for the Nocon of appeareing or Writts of 
Error is to Except ag' the Judgm' of them Judges that gives 
Judgm' and appeale to Other Judges in a Superior Court w rh P . 20 
playnely Supposes different psons. 

This is our *p r sent Oppinion of the Matters abouesaid To 
w th (with Submicon to better Judgments) We subscribe 

Yo r Excellencyes most humble 
and ffaithfull Servants 
Robert Smith 
Kenelm Cheseldyn 
George Plater 
Edw: Boothbye 
Will'" Dent 
Philip Clarke 
Referred to be Re heard again to Morrow Morning 
Adjourne till to Morrow Morning 



42 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 
Original ffryday September 28 th 1694. 

Journal. 

Councill Mett & Sate & were p r sent as before 

The Answer & Opinions of the Attorneys last night 
Referred taken into Consideracon & Ordered to be sent 
downe to the house of Burgesses. 

That in the Third proposall made to the house By this 
Board 25 th September last relateing to County Courts the 
Justice be Obleidged to send out his sufnons or warr' to the 
party asking the same and that there be a certain ffee settled 
for the Justice makeing out such Warr' or Sufnons & another 
ffee for makeing up the Record & Returning it to the County 
Courts and that another ffee be settled upon the Clerk of the 
County for Entering the same in the County Record for w ch 
a particular Record Booke shall be kept. That the Justice 
have power to depute any *pson to Execute the said Warr ts & 
that the Justice keep a Record of all his proceedings, 
p. 21 That whereas it is Observed that great delayes have been 
Occasioned & persons put to great Expence & Charge & 
kept out of their Debts by Reason of Appeales & writts of 
Error brought from the County Courts to the prov" Court of 
this Province, it is proposed that a Law be made to prevent 
such delays if possible. 

That Noe Accon shall be Cofhenced in the Prov" Court 
unless the Cause of accon exceed the sume of Twelve 
hundred pounds of Tobacco. And that noe Appeale shall 
lye from the County Courts to the Prov" unless the Debt & 
Damages exceed the sume of Two thousand pounds of 
Tobacco. 

That an equall number of itinirant Justices of the Prov" 
Court be Appointed on each side the Bay & that they Ride 
the Circuits in the nature of Judges of Assizes in England 
every yeare as often as they shall thinke fitt And that a 
Provin" Office be Erected & kept on Each side the Bay like- 
wise from whence all process shall issue as formerly ; 

The number of Justices & Sallary left to the Consideracon 
of the House ; The Clk on each side the Bay keeping the 
Prov" Office obliedged to Attend the said Justices in their 
Circuits & To Transmitt The Record to the Office. 

That a Law be provided for to Appoint some certaine time, 
after the Justices finishing their Circuits for the Govern r and 
Covncills siting to hear all appeales & Writts of Error & that 
noe Appeale lye from the Prov" Court to the Govern' & 
Covncill under the sume of ioo 1 st rl or 40000 1 of tobacco nor 
from them to the King & Covncill under the sume of 300'' 
st rl pursuant to their Maj ties Royall instructions the thing 
Appealed for to be Vallued by the Court to be worth such a 



Assembly Proceedings, Sept. 10-Oct. 18, 1694. 43 

Sufhe otherwise the Appeale or Writt of Error not to be ori g 
admitted. J our 

The Constituting of a Court of Chancery is left to the 
Consideracon of the House sending the following paper for 
their peruseall and to Consult whether the Record shall be 
kept by the Clerk of the Prov" or by a particular Officer. 

That Moderate flees may be settled where Necessary That 
a publick house of Correction be appointed in each County M r P . 2: 
LLewellin & M r Taylard appeare at the Board according to 
former Order. His Ex" cy does demand of M r Lewellin whether 
or noe he Knowes of or has in his Custody S r Edmond 
Andros's Letter sent to thisGovernm' some time in September 
last before his comeing over & Takeing the Governm' upon 
him, whoe makes answer that he had such a letter in his 
Custody he very well remembers, but the Councill papers 
were taken out of his hands when he was sick, And with all 
does say the said Letter was not signed, but can give noe 
further Acco 1 he is asked where S r Edmonds Originall -procla- 
mation for Continuance of Officers & ca is, whoe Does say that 
it is among the papers by him delivered to the present Clerk 
& that he will help him to search out the Same, his Ex ncy 
does acquaint him that he must take an Oath that he has 
delivered up all publick papers, & therefore askes him if he has 
any such by him, whoe does Answer that he has papers still 
by him w ch he is ready to deliver up: And thereupon Ordered 
that the Clk of this Board Receive the said papers from the 
said Lewellin, And that M r Taylard likewise then appeare to 
make Oath that all publick papers have by him been 
delivered up. 

Message from the house by M r Cheseldyn & Cap' Bayne as 
follows Viz' 

By the Assembly September 28 th 1694. 

Whereas this house hath appointed a Cofnittee for Inspect- 
ing the Laws the house doth humbly Supplicate your Excel- 
lency to spare two of your Councill to joyne with the said 
Cofnittee. Cleborne Lomax Clk Assembly 

Upon which Request Ordered that Coll Jowles & Coll 
Robotham be joyned to the said Cofnittee it being Usual] 
custome, whoe accordingly took Leave of the Board & went. 

That the ffield Officers & Cap ls of horse & ffoot be 
Empowered to determaine all Military Affaires & to issue 
Execution for the Sherriffe to serve & Collect all ffines & 
(forfeitures w ch shall become due & fforfeited & ' Ex Officio: 
And that the same be applyed towards the purchaseing of 



44 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

ai Amies & Amunition for such persons as are poore & unable 
'• to buy, And when that is done then towards the paying of 

Drumers & Trumpeters. 
=3 That there be a person appointed to Execute the Office of 
Muster Master And Agitant on each side the Bay whoe shall 
be obliedged to muster & see Exercised the severall Troopes 
& Companies six times every yeare besides the Gen" Muster 
& that 2 1 Tobacco p poll be settled upon each of the said 
Officers. 

Abraham Ambrose & Gerrardus Weesells petition to be 
Naturalized, 

Ordered to be Referred to the House. 

Post Meridiem. 

Coppy of their Maj' ies Instructions relateing to the Revenue 
& ca drawne forth & Ordered to be sent to the House. 

This Board does Represent that their Ma ls Magazine of 
powder being considerable here & noe particular ffort for 
preserving the same ag e Enemies or Accidents, therefore have 
Ordered that the same be distributed into every County to be 
• lodged w lh the principall Officers & Comanders by them to be 
safe kept and not to be touched or Meddled with upon any 
Acco' Unless upon invasion & Cases of Warr, desireing the 
Opinion of the House the best way of Conveyance & most 
convenient places to Lodge the same in. 

Adjourne till to Morrow. 



Saturday September 29 th 1694. 

Councill again Sate & were p r sent as Yesterday 

That a way be found out to Settle one or Two fferrys as 
the house shall thinke fitt upon potomock River in the most 
convenient place or places thereon, for an intercourse to be 
had betwixt the Colony of Virg a & this Province, to be done 
at the Equall Charge of Both Governm ts 

Lewis de Roche Brune Petition to be Naturalized, 

Ordered to be Referred to the House. 

Edward Randolph Esq appeares at the Board. 

M r Blathwayts Lett' to his Ex ncy the late Govern^ dec d being 
produced, a clause wherein relates to the prison" lyeing now 
under sentence of death for the Murther of M r Payne ; 
Ordered that the said Clause be Coppyed out & Sent to the 
house of Assembly with the prisoners petition, together with 
a Coppy of a Lett r sent by the Hono ble Coll: Nicholas Green- 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 45 

berry Unto his Ex ncy S r Edmond Andros & Severall other 
Lett rs by the s d Coll Greenberry Rec d from the s d S r Edmond 
for their peruseall that they may see what has been done in 
that affaire. List of the said Lett" are as follows Viz' 

Lett r from Coll Greenberry to S r Edmond Andros, Dated 
17 th of October 1693. 

Lett r from S r Edmond to Coll Greenberry Dated 20 th Octo- 
ber 1693. 

Ditto to Ditto, Dated 19 th March 1693. 

Ditto to Ditto, Dated 22 th Decemb r 1693. 

Ditto to Ditto, Dated 26" 1 March 1694. 

Coppy of Clause of a letter sent from M r Blathwayt Dated 
27 th of ffeb ry 1694 

Stephen Blatchford admitted Clerk assistant of the Councill 
in Assembly whoe tooke the Oathes appointed by Act of 
parliam' instead of the Oathes of Allegiance & Supremacy as 
alsoe Oath of Clerk Assistant aforesaid. 

M r John Lewellin appeared and produced to the board 
S r Edmond Andros's Lett' of the 21 th of September last being 
the Lett r yesterday inquired about. 

Post Meridiem 

Again Sate & were present as before 

Except 
Coll Jowles Coll Greenberry Coll Addison & M r Brookes 
Adjourne till Munday Morning : 



Munday October the i' 1694. 

Councill Sate & were present as on Saturday Except Cap' 
Courts & M r Tench. 

M r ffrisby appeares at the Board. 

John Perrys peticon & Govern' Copleys Letter to him being P . 
read was Referred to the House of Assembly for their Con- 
sideracon 

Coll Jowles & Coll Robotham goe to the Corhittee of Laws 

Edward Randolph Esq r produces to the Board the R' 
Hono ble W m Blathwayt Esq Auditor Gen" his Deputation vnto 
him for being Auditor Gen" & ca w ch being Read ; 

Ordered that the same be sent to the House of Assembly 
to be Read there. 

The House of Burgesses haveing informed the Board that 
they had Received noe Returne as yet of the Indentures from 



rnal. 



46 Assembly Proceedings, Sept. 20-Oct. 18, 1694, 

original Csecill County pursuant to the Act of Assembly of this Prov- 
joumai. j nce Q rc i e red that M r Attorney Gen" make due proceedings 
therein according to Law. 

Coll Hamiltons L r to the late Governor Copley w lh his pro- 
posals about the post Office together wth her Maj ties Royall 
Letter fn favour thereof, Esq r Neales Patent for being -post 
Mast/ Gen" of America and the afd Coll Hamiltons Deputa- 
tion from the said Esq J Neale being produced & pervsed here 
are Recofhended to the House of Burgesses for their consid- 
eracon. 

Adjourne till to Morrow Morning. 



October the 2 d 1694. 

Councill Mett & Sate & were p r sent as Yesterday. 

Gerrardus Wessells, John Daveghe Claudius Dutrite & 
Andrew Imbert haveing all petitioned to be naturalized this 
day had Aministred unto them the Oathes appointed by Act 
of Parliam' instead of the Oathes of Allegiance & Supremacy 
by his Ex ncy in Councill & Likewise Subscribed to the Test in 
manner following 

At the Citty of Sn' Maries October the 2 d 1694 
Maryland ss. 

Wee the Subscribers doe declare that wee doe believe that 
there is not any transubstantiation in the Sacrament of the 
Lords Supper or in the Elements of bread & Wine at or 
After the Consecration thereof by any person whatsoever 

Gerrardus Wessels 
Claudius Dutitre 
Andrew Imbert 

his 
John x Daveghe 
marke 

P . 26 Came from the House of Burgesses M r Kenelm Cheseldyn 
w th ffive more of the Houses Members whoe presented the fol- 
lowing Bills to the Board Viz' 

An Act concerning those Serv ls that haue Bastards. 

An Act for Advancem' of Coynes. 

An Additionall Act to the Act of Religion 

An Act for the punishm' of Blasphemy ffornication & 
Adultrey. 

An Act for the Imposition of 4 d -p Gall on all Liquores 
imported. 

An Act limiting Expences. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 47 

An Act for the Confirmacon of the last Will & Testamen' of or 
Augustus Herman deceased. J°' 

An Act for Naturalization of Peter fferdinando & ca 

An Act for Reliefe of Debtors. 

An Additionall Act to the Act for quieting possessions. 

An Act for the Easement of the Inhabitants of this Province 
in Testamentary Affaires. 

An Act prohibiting all Masters of Ships or Vessells or any 
other persons from conveying or Transporting any persons 
out of this "province without passes. 

An Act concerning Coopers & the Gage of Tob° hhds. 

Ordered that the aboue Bills be Referred to be Read to 
Morrow Morning. 



Wednesday October the 3 d 1694. 

Councill Sate & were present as Yesterday 
Except 

Coll Greenberry Coll Hutchins Coll Browne M r Tench & 
Cap' Courts 

Message from the House by M r Cheseldyn & Cap* Bayne, 
whoe doe say they are sent to know whether there be any 
Bills prepared at this Board to Offer to the House or whether 
the Bills sent hither yesterday are ready to be Returned and 
they are Answered that there shall be some papers sent them 
presently. 

Coll Hutchins & Coll Browne appeare at the Board. 

Bills yesterday Received Ordered to be Read. 

In the Act concerning those Serv ts that haue Bastards, Wee 
are of Opinion that an Additionall Clause be made that any 
Servant Woman or maid who shall be got with Child and laid 
to her Master that it shall be the Solemne protestation or 
Oath of the Woman in her paines of Travaile agreeing with 
other pregnant circumstances which shall be Sufficient proofe 
& not otherwise. 

In the Act for the punishm' of Blasphemy ffornication and P . 27 
Adultrey in the 15 th Line & 2 d page thereof it is said speciall 
Comon under his hand & Seale Wee are of Opinion that it 
should be said under the Broad Seale of this Province. 

The following Style is Recofhended to the House to be 
Given to the Laws, Viz 1 By their Maj ,s Governor & Councill 
& the Burgesses of this Gen" Assembly & the Authority 
thereof. 

That in the Act for Advancem' of Coynes in the preamble 
thereof it be said that the want ol Ready money in this 
Province is detrimental! to their Maj lic " Interest & soe conse- 



48 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

ai quently to the Good of this province then proceed to Wee 
''' your & ca That the word st rl be left out & the words current 
Money put in ; That peices of Eight being scevill Mexico & 
pillar goe at Six Shillings if 1 2 d Weight & every penny weight 
abone 12: to be advanced 3 pence for every penny Weight 
exceeding 1 2 d penny Weight as afd & every piece of Eight of 
peru of 1 2 d Weight or aboue to pass at ffive Shillings that all 
halfes & quarters & Sixteenths pass at the Advanced Vallue 
And all halfes & quarter pieces proportionable to the 
weight afd. 

And that there be Noe limitation for carrying Money out as 
for paying their Maj ties Duties you are Referred to his Maj lies 
Royall instruction relateing thereto, before sent you, & to 
consider of an equall advance therein, & as for the Lord 
Baltemore you are Referred to his Lo sps Agent. 

That old Debts or Bills of Exchange be Advanced propor- 
tionably to make it Money st rl according to the advance afore- 
mentioned 

That Officers ffees be taken in the Advanced Coyne. The 
Date must not be ascertain'd till the Act has passed his 
Maj ties Royall Assent. 

That in the Additional Act to the Act of Religion in the 
4 th Line it is said shall be inducted or Collated Wee are of 
Opinion that it should be said Collated inducted or appointed 
by his Ex ncy the Govern' or Cofhander in Chiefe for the time 
being according to his Maj' Royall Instructions. 

That a greater number of Vestrymen be aded proportion- 
able to the parishes & the Minister exempted from any ffyne, 
according to his Ma ls Royall Instructions. That whereas in 
the former Act of Religion the Words Collated & inducted 
are onely made use off, These words or appointed by his 
Ex ncy the Govern' or Comander in Chiefe for the time being 
be added & an Addition be made for the Repaire of the 
Churches & to settle some thing upon the Clarke & Sexton, 
and that Church Wardens be appointed to be Chosen accord- 
ing to the Laws of England. 
28 The following Message sent from the House by M r William 
Dent and M r ffrisby, viz 1 

By the House of Assembly 

To his Ex ncy the Governo' in Chiefe 

of this Province. 

ffor as much as John Carvile Sherriffe of Caecill County not 

makeing due Returne of his Indentures of Election for the 

Delegates of that County And haveing appeared before this 

house and made it appeare to them that the Cause thereof 



Assembly Proceedings, Sept. 2%-Oct. 18, 1694. 49 

was that one or two of the Delegates promised him to Call for origin 
the said Indentures when they came downe which by meanes J ourna 
of Contrary winds & Bad weather they Could not and that 
hee sent the said Indentures with all Expedition after he knew 
thereof. 

Wee therefore become humble Suiters to your Ex ncy to 
pardon & Excuse the said Defect of the said Carvill as afore- 
said Occasioned by the means aforesaid 

Signed -p Order 

Cleborne Lomax Ok Assembly. 

That where any Church is built & a Minister inducted, Col- 
lated or appointed as aforesaid there be a power Given to the 
Vestry or others for to Raise Tobacco for the Repaire of such 
Church & paying Clarke & Sexton. 

That in the Act for the Imposition of \ A -p Gall: on Liquo rs 
imported into this province Beer & Sider from Virg a be aded 
to the Exception. 

The following Message sent from the House by M r Haw- 
kins & Maj r Smallwood viz' 

By the Assembly October the 3 d 1694. 

Haueing Received your Ex ncys Instructions of the 24" 1 of 
Septemb' and Considered your Ex ncys proposalls & Large 
Contribution towards the Establishing a free Schoole wee 
haue Endeavoured as farr as able to follow your Ex ncys 
Example And in Order thereunto have Contributed towards 
the building such a ffree Schoole as your Ex ncy hath proposed 
the Sufhe of 45400 pounds of Tobacco and some Absent 
Members as yet haue not Subscribed and Doubt not that 
every well minded person w ,h in this province will Contribute 
towards the same And upon Consideracon thereof haue had 
some debate Concerning the Building of one ffree Schoole on 
the westerne Shoar & another on the Eastern Shoar, And 
haue nominated Severne & Oxford for the two places All 
which debate wee leave to your Ex ncys Consideracon & Appoint- 
ment & to that End & purpose humbly Desire a Conferrence 
w th your Ex ncy & Councill to Consider of the Best wayes & 
methods to Establish the same. 

Signed -p Ord r 

Cleborne Lomax Clk Assembly 

Answer thereto Viz' p . 29 

By his Ex ncy the Governo r 
Wednesday October 3 d 1694: 
The Message this day sent by M r Hawkins & Maj r Small- 
wood I have Received & am Glad to finde the Houses hearty 



50 Assembly Proceedings, Sept. 28-CV/. 18, 1694. 

original inclinations & forwardness in contributeing soe Voluntarily & 
journal. L ar g e ]y towards soe good & Beneficiall a worke as of building 
free Schooles & would have agreed to the Conference this 
Night desired, but that some Members of this Board are at 
present wanting ; but God willing to Morrow Morning after 
prayers my Selfe and the members of their Maj" es Hono" e 
Councill will be ready to conferr with your House at the 
Councill Chamber. 

Signed *p Ord r 

Hen Denton Clk Councill 

Sent by M r ffrisby & Esq r Randolph. 

They Ret & say they delivered their said Message. 
The Severall Members of their Maj ts Hono ble Councill doe 
give towards the Carreing on the ffree Schoole as ffollows Viz' 

'tob. 

Coll Henry Jowles 2000 

Coll George Robotham 2000 

Coll Nicholas Greenberry 2000 

Thomas Tench Esq r 1000 

Coll Charles Hutchins 1 200 

Coll David Browne 1000 

Cap' John Courts 1200 

Thomas Brooke Esq' towards building the house & 5 1 1 
St rl a yeare towards the Maintaining the Master for > 
the first ffour yeares J 

M r James ffrisby 1000 

Edward Randolph Esq' Tenn pounds Sterl *p Annum ] 
soe long as he continues in the Councill of this v 
Province j 

Adjourne till to Morrow Morning 



Thursday October 4 th 1694. 

Councill Again Sate & were all present Except M r Tench 
M r Cheseldyn w' h Severall Others of the Houses Members 
come up to the Conference yesterday appointed. 

It is proposed to his Ex" cy what way is most fit & proper for 
Erecting a ffree Schoole and for Raiseing a Supplye and 
Maintenance for the Mast' 5 

To which his Ex ncy does Answer that there being noe proper 
ffund as he sees in this province for carryeing on such a 
designe therefore the same must be done by way of Contribu- 
tion & that 100' st rI -p annum may be Sufficient for the 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 



lpport of the Mast rs thereof, if a way can be found out to original 
ttle such an Annuity ; that the Chiefe Master be allowed so 1 J° urnal - 



Suj 

settle such an Annuity ; that the Chiefe Master be allowed 50 1 
•p AnnQ Usher 25' and Writeing & Arithmetick Mast r 25 1 stll 
•p Anna. 

M r Tench appears at the Board, 
for the Better introducing of which his Ex ncy produced unto 
unto them & Read their Maj ,ies Royall Charter for Constitute- 
ing the Collige of William & Mary in Virginia whereby a 
Supplicatory Act may be Drawne up to present to their 
Sacred Maj tles for the Erecting the said ffree Schoole con- 
formable as neare as may be to the said Charter. It is pro- 
posed that a Law be made that the Sherriffe of Each County 
shall give due notice to every free holder to appeare at the 
Election of Burgesses, and that a Severe ffyne be laid upon 
the Sherriffe neglecting his Duty & a ffyne upon the ffree 
holder, if he does not appeare after being Surhoned, without 
Lawfull Excuse & that when the ffree holders are met for 
such End & purpose that they all be obliedged to stay there 
untill Such Election is ouer. 

Adjourne till Saturday Morning. 

Saturday October the 6 th 1694: 

Councill Sate & were present all 

Message by M r Dent & M r Clarke Signifying that there 
were 2 Delegates Returned in the Roome & stead of the 
disabled Members, did therefore pray that some of the 
Councill might be sent from this Board to Administer the 
Usuall Oathes appointed by Act of Parliament & ca & Test & 
went accordingly the Hono ble S r Thomas Laurence Coll: Henry 
Jowles Coll George Robotham & Coll Nicholas Greenberry 
whoe Returne and say they haue Executed the matter as 
Given them in Charge, and subscribed to the Test in Manner 
ffollowing. 

At the Citty of Sn' Maries October the 6"' 1694. 

Maryland ss: 

Wee the Subscribers doe declare that wee doe believe that p. 31 
there is not any transubstantiation in the Sacrament of the 
Lords Supper or in the Elements of Bread & Wine at or after 
the Consecration thereof by Any person whatsoever. 

Thomas Tasker 
Nicholas Lowe 

The Hono t,lc S r Thomas Laurence Coll Henry Jowles Coll 
George Robotham Coll Nicholas Greenberry Coll: Charles 



52 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original Hutchins & M r James ffrisby sent to the House with the 
journal, ffollowing paper from his Ex ncy Viz' 

Gentlemen of the House of Deputyes & Delegates. 

I desire you would accept of my hearty thankes for your 
Obleigeing Congratulation. 

If God Allmighty hath Enabled me to doe any thing worthy 
of good fame in the Countreyes where I have had, and Still 
haue the Hon r to Comand, the praise be returned to him, As 
my thankes are to you for your kind acceptance of the same: 

I haue Great reasons to hope your Actions will demon- 
strate you truely loyall to their Most Sacred Maj' ies , And that 
you will uphold and assert the Just Rights & priviledges of 
those whome you doe soe worthily represent. I doe & shall 
Endeavour to discharge my Duty to God & their most Sacred 
Maj ties And all the good that possible Can shall be done to 
this great Colony in Generall & to yo r Selves in particular by 

ffr: Nicholson. 

The ffollowing Message Ordered to be drawne up to send 

To the House 

Whereas the House of Burgesses haveing by a Message 
Signifyed to this Board that upon the peruseall of the Inden- 
tures Returned by the Severall Sherriffes they found none 
Returned for Caecill County, this Board thereupon did Order 
prosecution to be made therein according to Law and the 
House since signifyeing that they had received the said 
Indentures and are satisfyed about the Accident & Reason 
whye the same came not sooner to hand withall praying that 
his Ex ncy would be pleased to pardon & Excuse the sd Defect 
of John Carvile Sherriffe of the said County occasioned by the 
Accident aforesaid. This Board upon Consideration of the 
same doe likewise (seeing the House is satisfyed) thinke fit to 
pass by & Remit the same, Sent by Coll: Hutchins & M r 
ffrisby, together with the following Bills, Viz' 

p- 3 2 Act concerning those Servants that have Bastards, 

Act for punishment of Blasphemy fornication & Adultrey, 

Act for Advancem' of Coynes. 

And the Additionall Act to the Act of Religion, with the 
aforementioned Remarkes of the Hono' le Councill therein ; And 
the Style Recomended to the House to be Given to the Laws. 

Somerset County Petition about the Court house & the 
Returne of the Sherriffe upon a former Order of Councill 
Relateing thereto being Referred to the house, 

Ordered that the s d petition be likewise thither Referred. 

The Same was sent by Coll: Hutchins & Coll Browne. 

Adjourne till Munday Morning. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 53 

Monday October the 8 th 1694: Original 

Journal. 

Councill again Sate & were p r sent. 

His Ex ncy the Governor &" 

S r Thomas Laurence Barron' 1 ^, ^ it-, 

o Ihomas lenchEsq r 

~ nil t 1 Coll: John Addison , 

CollHenry Jowles V n t i , n 

r* ti /- ; J n , ., Lap onn Courts 

Loll George Robotham | „ T K J er ■ u , 

Coll Nicholas Greenberry J * J 

Letf from his Ex ncy Coll Benjamin ffietcher Governor of 
New Yorke of the 24 th of September 1694 relateing to the 
protested Bills for 453' st rl hither sent, Together w"' a New 
Scheme of a joynt assistance therein inclosed & the Exami- 
nacon of a Maquase Indian was here produced the which 
being Read, his Ex ncy demands of the Board how that Matter 
stands betwixt this Governm' & New Yorke, to which was 
Answered that when his Ex ncie S r Edmond Andross was over 
here, their Ma' s Letters relateing to the Assisting that place 
with a certaine Quota of Men & Money & ca were produced at 
this Board & read the 28 th of September Anno 1693: Together 
with certaine Lett rs & papers from the Governo r of that Colony 
to the said Effect, desireing alsoe this Governm' to Appoint a 
Comission r to be there on the first Wednesday of October then 
next following to Concert & agree w' h the other Comission r s 
from New England Virg 1 & pensilvania concerning the same ; 
it was thereupon then moved in Covncill, whether any thing 
had been done therein, upon which was made appeare by 
Receipt the Transmitting of 300' st' 1 thither but that the Long 
Sickness & Death of the Late Govern" obstructed sending a 
Comission r and that it was thought impossible to send by that 
time And that afterwards to witt, At a Councill held at Battle 
Towne the 13 111 day of ffeb ry Anno 1693 : was produced at the 
Board a Couple of Lett" of the 8 th & ii"' of Jan ry preceeding 
sent by an Express from his Ex" cy the Govern" of New Yorke 
signifyeing the protest of certaine Bills of Exchange drawne 
by the late Govern r Copley to the Sume of 362' 8 s st rl & ca 
Requireing New Bills from this Governm' for the same as 
alsoe Answer what furth r Assistance might be expected from 
hence by the first of May following, To which after a full 
Debate about the same had ; it was the Opinion of the Board, 
that they Could not properly at that time Remitt any Money 
to that Governm' untill Instructions given by his Ex ncy S r 
Edmund Andros to whome a Letf was sent to know his Ex ncys 
pleasure therein And another to his Ex" cy the Govern' of New 
Yorke to Signifye to him that at present they Could not give 
any further Answer, but would by Express send by or before 
the first of May Next. 



54 Assembly Proceedings, Sept. 20-Oct. 18, 1694, 

Original That at a Covncill held the 16 th of Aprill Anno 1694 at the 
journal. Rjfjg e ; n Ann Arrundell County the Covncill then mett, did 
actually send an Express to New Yorke with Bills of 
Exchange unto Chudleigh Brooke Esq Collector & Receiver 
of their Maj ts Revenue in those parts, to the suffie of 250 1 8 s 4 d 
st rl (in Complyance to her sacred Maj' 5 Comands) which said 
Messinger delivered the same accordingly & brought back the 
said Collectors Receipt, as by the Journall of the Covncill, 
Recourse being thereunto had, doth fully & at Large appeare ; 
And that Since noething further hath been done. 

Ordered that the Same Letters & papers together with the 
R 1 Hon ble Coll Andrew Hamiltons Letter here likewise Read, 
be sent to the House of Burgesses for their Consideration, the 
which was accordingly sent, By M r Tench together with a 
printed Booke & the proposall relateing to the Election of 
Sherriffs- 

Whoe Returnes & Sayes he delivered the Same. 

That the Act for Ordinary Keepers be amended pursuant 
to his Maj' iei Order in Covncill of the 2 d of March 1692/3 
herewith sent 

That noe person be Suffered to Carrye any Cyder or other 
Strong Liquo r to any Indian Towne or Cabin in Order to 
vend the same vnder penalty of being ffyned & forfeiting all 
such Liquo" 
p- 34 The foregoing Proposalls sent alsoe by M r Tench together 
with another of the 3 d of October instant Relateing to Election 
of Burgesses. Who Comes and Sayes he delivered the 
same. 

M r Cheseldyn, Cap' Hamond, M r Ennolls & M r fferry come 
from the House with the following Message Viz' 

By the Assembly October the 6 th 1694. 
Resolved by the house that whereas your Ex ncy hath been 
pleased to Cofnunicate to the House their Maj' ies Instructions 
to you to Require an Accompt of the Impost of I2 d -p hogs- 
head for the Support of this Governm' from the Collectors of 
the same since the last Convention in this province & ca 

Upon Consideracon of which this house hath thought fitt 
that two of the Members of this house with two of your Coun- 
cill w' h 'whome your Ex ncy shall think fitt to appoint to be a 
standing Comittee to Examine & audite the said Accompts. 
Signed -p Ord r 
Cleborne Lomax Clk Assembly. 

Ordered that the Hono u<: Coll John Addison & James 
ffrisby Esq r be appointed to joyne with the two Members of 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 55 

the House, to be a standing Comittee to Examine And Audite Original 
the Acco" in the Message Mentioned. Message to the said J° urnal - 
purpose sent to the house by the Hono b,e Cap' John Courts. 
Adjourne till to Morrow Morning. 



Tuseday October the 9 th 1694 : 

Councill again Sate & were present as before 
Except M r Brookes. 

Read the following Vote of the house, delivered at the 
Board as follows Viz' 

By the Assembly October 8 th 1694. 

Voted whether Coll Henry Darnall his Lopps Agent & his 
Clarke shall not have free accesse to the Records of the Land 
office without paying any ffee for the same. Carryed by the 
Majority of Votes that the said Darnall his Lopps Agent or 
his Clerk haue ffree recourse to the Record of the Land 
Office w' h out paying any ffee. 

His Hono r S r Thomas Laurence does say that he is con- 
cerned in this Matter & that the Act of Assembly of this Prov- 
ince has settled proper ffees for all Copyes & searches there 
had, being Records now Remaining with him in his Custody, 
but does Offer that Coll Darnall his Lops Agent or any of his 
Clerks may at any time come to the Land Office & in the 
presence of his Hono rs Clerk draw out what he shall Require 
for his Lops Use. 

And that he will Respit takeing any ffees, for all such 
searches & Coppyes Untill his Maj ,ics pleasure be knowne 
therein: 

Ordered that Coll Darnall be sent for to know what he has to 
say, whoe accordingly appeared, & was again read the former 
vote of the house ; his Hono r the Secretary again makeing 
the same Offer. Whereupon Coll Darnall did desire the 
Opinion of the Board as to the Vote of the house in the prem- 
isses and soe with drew. Upon debateing whereof his Hono r 
S r Thomas Laurence desired that the Hono ble the Sollicito r 
Gen" s Report of the 23 th of ffeb^ Anno 1693 relateing to the 
Lord Baltemore & produced at this Board before his Ex ncy S r 
Edmond Andros in Councill the 2 d of October following, the 
Latter part of which Relateing to the Land Office being Read, 
his Ex" cy made demand whether any thing had been done 
pursuant to the said Sollicitor Gen" s Report & his Maj" os 
Order in Councill thereon or noe, Viz 1 



56 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original As to the keeping those Records of the Land Office, but 
journal. noet hing as to that done could be made appeare. 

Ordered that M r LLewellin & M r Taylard attend this Board 
to Morrow Morning to give upon Oath If they have delivered 
all publick papers left in their Custody ; And that M r LLew- 
ellin be Required to make a Record of all Covncill proceed- 
ings passed in the late Govern' Copley's time. 

His Ex ncy does demand the Opinion of the Board relateing 
to the aforementioned Vote of the house & after a long 
debate about the same Resolved that a Conference be had 
w lh the house of Burgesses this night therein, & that Coll 
Darnall be present at the said Conference, as alsoe that 
inquiry be made about the Originall Laws passed in Governor 
Copleys time. Message Drawne up to the said End & pur- 
pose & sent by Coll Browne. 

Coll Addison & M r ffrisby goe out upon the Comittee yes- 
terday appointed. 

p. 36 Ordered that Warrants Rend & Land taken up by Vertue 
of the same since the Revolution, be consulted in the said 
Conference. 

Coll Jowles & Coll Robotham goe out upon the Comittee 
of Laws. 

Message from the house by Cap' Dent Maj r Dorsey M r 
Hutchinson & M r Hinson, Cap' Dent does say that they 
have had in Consideracon the proposall about the Style to be 
given to the present Laws, And doe humbly conceive that the 
Style given to the Laws made in Govern' Copleyes time may 
be most proper & suitable ; 

Thereupon his Ex pcy Ordered his Maj ,ies Royall Comission 
to him to be produced, the which was accordingly done & 
Read the Clauses therein Relateing to calling Assemblyes & 
Enacting Laws his Ex ncy & this Board being of Opinion that 
such a Style as the house proposes does noe wayes suite with 
the words of the said Comission & thereupon willed the said 
Messingers to take his Ex ncys Comission to the House for their 
peruseall and further satisfaction, whoe accordingly tooke the 
same and went 

M r Randolph appeares at the Board 

Cap' Dent And the Other Members late sent from the 
house Returne again w' h his Ex ncye5 Comission & the following 
Message viz' 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 57 

By the Assembly October 9 th 1694: original 

•n/r • 1 x^ Journal. 

May it please yo r Ex ncy 

Wee haue by a verball Message this day signifyed to y r 
Ex ncy the sence of this house as to the Stile of the Laws of this 
province now (by the favour of God to be passed) Wee haue 
by the same Messingers understood yo r Ex ncys Intimation 
Relateing to the same & haue read th* Clause in your Ex ncys 
Comission for makeing of Laws for w ch honor Done us by y r 
Ex ncy therein Wee Returne you our most dutyfull Thankes 
Wee beseech your Ex ncy to believe that next to God their 
Ma' s & our Countrey not only your Comands but your very 
Intimations hath the Chiefe Cornand in our hearts w ch upon 
all occasions wee shall readily manifest, And most sorry wee 
are that after all our Endeavours wee can not w ,h out violence 
to our Reasons receed from our Opinions in continueing the 
Laws of this assembly in the same Stile as the last was (viz 1 ) 
in their Ma ts name being what wee humbly Conceive most 
agreeable to the former Laws and to all writts precepts & 
process of their Maj ties in this province, Even the writts by 
which this Assembly was convened & w th humble Submission 
to your Ex ncy therein wee humbly conceive notdisconsonant or 
ag' the Tenor of yo r Ex ncies Comission, Wee therefore humbly 
pray yo r Ex ncy to permit those Laws to pass under the same 
Stile as the former was Untill their Maj ls pleasure may be 
further Imparted to your Excellency in the premisses 
Signed *p Ord r 
Cleborne Lomax Clk Assembly. 

The house sent a Cofnittee of Tenn persons to meet P . 37 
according to the Conference appointed relateing to the Land 
office (Cap 1 Dent being Chaireman) And thereupon produced 
again the Hono ble the Solicitor Gen" s Report & Read the 
latter Clause relateing thereto. 

S r Thomas Laurence Offers the Proposall before made in 
the morning & Thereupon Ordered that Coll Darnall be 
againe sent for to know whether he will agree to the said 
proposall whoe accordingly appeared His Ex" cy does demand 
of the said Coll Darnall whether he will accept of the said 
proposall to which he makes Answer that the same question 
was put in the Morning & that he desired the Opinion of the 
Board therein, to which was answered that the proposall made 
did seem but Reasonable & therefore, willed him to Consider 
of it ; whereupon Coll Darnall did desire to know whether he 
should have Recourse to the Records of the Land Office for to 
Settle the Rent Roll by alone, to which was answered that he 
might have Recourse to that Office & the Records therein for 



58 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original any thing provided he did not charge the Subject w' h any ffee, 
journal. w h oe makes Answer that he shall Charge noething to the 
people, save for searches to Recompence his Troubles not 
Requireing any Coppyes of Certificates ; Agreed upon that 
there be noe ffees taken on either side but that an Acco' be 
kept of the same till his Maj' ies pleasure be knowne therein 
and that a Recipricall Law be made that if the same be 
awarded to S r Thomas Laurence, he may have Execucon 
therefore, But if to his Lo p that then his Agent doe Receive 
the benefit thereof His Ex ncy proposes for the further settle ing 
of Land Affaires that if his Lops Officers for Surveying & 
Resurveying of Land will qualifye themselves according to 
Law that then the said Officers may be the Gen" Surveyo" for 
the whole province (by Reason that if the same should not be 
done by his Lo ps Surveyo rs the people would not have the 
benefitt of takeing up the Surplusage Land) the said Sur- 
veyor giveing security to the Governm' for the same & there- 
upon M r Richard Smith his Lo ps Surveyo r Gen" was sent for 
and Acquainted therewith to Consult & advize about the 
same, 
p. 3S Read the following Bill delivered at the Board Viz' An Act 
for Tunnage & ascertaining Navall Officers ffees Resolved 
that a Conference about the same with the house be desired 
and that the Navall Officers and Collectors doe set up in 
their severall & Respective Offices a Table of ffees which 
shall be ascertained and Settled upon them by an Act of this 
province this p r sent Assembly, to be fairely Writ out & Signed 
by his Hono r the Secretary or Deputy for the time being and 
that a penalty be inflicted upon the Officer exacting aboue 
those ffees Assessed 

Adjorvne till to Morrow Morning 

Wednesday October 10 th 1694. 

Covncill again Sate & were all present Except Coll Browne 

His Ex ncy acquaints the Board that by the Hono ble the 
Sollicit r Gen" s Report & his Sacred Maj ties Order in Covncill 
thereon, Read yesterday at this Board ; the Records of this 
province w ch are of publick Vse to preserve the Inhabitants 
Title to their Lands should be kept vnder the Custody of the 
Govern r ; therefore a Conference with the House is desired 
about the same, where is the properest place to keepe the 
said Records in seeing his Maj ,y has noe House for the Gov- 
erno r nor fortifyed place 

Coll Browne appeares at the Board. 

Ordered that Coll Henry Darnall his Lo ps Agent have free 
Access & Recourse at all times, either by himselfe or any 



Assembly Proceedhigs, Sept. 20-Oct. 18, 1694. 59 

person or persons he shall Employ to the Records of the o 
severall County Courts within this province, with liberty of J c 
Takeing from the said Records an Acco' of all Alienations of 
Lands there passed in order to the well settleing his Lops 
Rent Roll upon the same Termes as agreed upon with his 
Hono r S r Thomas Laurence about the Land Records. 

Bill for the Reliefe of the Credito" & Legatees of Marke 
Cordea dec d Read & Ordered to be Considered at the Con- 
ference. 

Act for Ports Read: 

Wee are of Opinion that Longer time be given at least 1 2 
Months and that persons be not obliedged to buy & Sell at 
Townes & ca & noe where else. 

Wee are likewise of Opinion that there be but one place in 
every County w ch shall be a proper port for all Ships & 
Vessells to Load & unload at Unless upon Absolute Case of 
Necessitty for feare of the worme or otherwise, & that the said 
Shipps & ca be Obliedged to take in all their Loading at any 
one or more of those ports provided therebe Sufficient Dwell- p- 
ing & Store houses built for to Containe all such Goods at 
every port soe appointed by the time p r fixed. 

That there be noe thing put in the Law for ports but the 
thing it self And as for Ascertaining the Lots & Titles to the 
same to be Refered to the former Law. The forfietures & ca 
one third must goe to his Maj ,ie for Support of Governm' one 
third to the Vestrey & one third to the Informer and that for 
Loading as well as unloading & ca 

That Debts Contracted from the Dates of the Townes take 
place and not other wise. 

That where there is a Church to be built or prison that the 
same be built in such ports & that at every one of the said 
ports there be a Kings Collector or his Lawfull Dep ty & a 
Navall Officer or his Lawfull Dep ty 

Came M r John LLewellin & made Oath before his Ex ncy in 
Councill that he had delivered up all Councill papers that 
were ever lodged with him according to the best of his 
Remembrance and knowledge ; as alsoe all other publick 
papers save some papers belonging to the prov" Office, relate- 
ing to the Notary Publick & that he is now entering some 
Certificates the w ch when finished he will deliver up. 

Read the following Representation of Severall Gentlemen 
of the Councill as alsoe of the Hono blc S r Thomas Laurence by 
them severally Subscribed to, the \v' h were Ordered to be 
Entered in this Journall Viz' 



60 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original To his Ex ncy ffrancis Nicholson Esq T Cap' Gen" and Govern r 
J° urnaL in Chiefe of their Maj ,ies Province of Maryland. 

The Humble Representation of their Maj' ies Hono ble Councill 

of this Province. 
Humbly Sheweth : 

That Whereas upon the death of the Late Govern r Copley 
Esq r and an Assembly being then Called whoe in some time 
after Accordingly met at Sn' Maryes but because their Maj liC5 
Covncill were not vnanimously Agreed in whome the presi- 
dent Shipp of this Councill then Rested whither in the Hono blc 
S r Thomas Laurence Barron' their Maj' ies Secretary & first 
Councillor Named (or otherwise) in regard the said Governor 
p. 40 Copley had Suspended the said S r Thomas & Coll Henry 
Jowles from the said Covncill & The Hono ble Ne a Blackiston 
being next to the said S r Thomas & Coll Jowles named in the 
said Covncill by vertue thereoff & of the said S r Thomas & 
Coll Jowleses Suspension claimed the president ship as afd & 
altho' the Majority of the said Covncill were agreed and 
Resolved that the Right of the presidency did by their Maj lies 
Comission & Instructions belong & appertaine to the said S r 
Thomas, Your Ex ncy whoe by your Comission of Lievetenancy 
of this Province by the said Copleys death became Cofnander 
in Chiefe being then Absent out of this Province & accord- 
ingly their Maj' 1 " Covncill or the Majority were resolved in a 
small time to Joyne with the said S r Thomas as their president 
or head in Order to treat w th the Assembly then met as af d as 
by the following Clauses in the Journall of the said Assembly 
Contained Appeares Viz' 

Saturday September 23 th 1693. 

The House Resolve themselves into a Grand Comittee to 
goe upon the Conferrence yesterday appointed and doe order 
and Constitute M r Kenelm Cheseldyn Chaireman thereof. 

The said Comittee Returne to the State house where M r 
Speaker reassumeing the Chaire Signified to the house that 
the Covncill had acquainted him with their Receipt of a Lett r 
from S r Edmond Andros which specifyed his haveing a 
Comission for the Governm' in Case of Govern r Copleyes 
death & therefore thought the Conference needless & withall 
desired the Speaker to make knowne the same to the 
house. 

The said Mentioned Letf was brought by M r Sherlock 
Clerk of the Covncill of Virg a from his Ex ncy S r Edmond 
Andros their Maj' ies Govern r of Virginia & delivered the 23 th 
of Septemb' 1693 unto tne Hono ble S r Thomas Laurence 
Baronet president of Maryland & by him Cofnunicated to 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 61 

their Maj ,ies Covncill, Riming in the following words & Original 

Directed as follows. JournaK 

ffor their Maj tics Speciall Service 

E Andros 

To 
The Hono ble the Gentlemen of their Maj' s 
Councill off Maryland. 
Hono ble p . 4 i 

Haveing Received the News of the Death & loss of your 
Govern" this is to Condole it And Acquaint you that haveing 
his Maj ties Cofnission Cofnanding on the Vacancies my present 
Services in their Maj 1 '" province of Maryland I am now in my 
Way thither and desire the Gentlemen of their Maj' ies Councill 
to meete at Sn' Maryes upon Munday the 25 111 Instant to 
Attend my Comeing & communicateing to you my said 
Cofnission in Order to their Maj 1 '" further service I am 
Gent 

Your Affectionat ffreind 
Virginia the 21 1 Sep' 1693: 

To the Hon blc their Maj ties Councill in Maryland. 

After peruseall whereof they finding the said Letter not to 
be Subscribed to by any person the Gentlemen of the Covncill 
then present sent for M r Sherlock whoe brought the same, of 
whome they inquired if he knew any thing whye the afore- 
menconed Letter was not Signed to which the said M r 
Sherlock Answered that he did belive it was an over sight but 
that his Ex" cy would be here in person to make that defect 
good. 

Yet notwithstanding the Receipt of the said Letf & Comu- 
nicacon of the same to the house of Burgesses afd the Covn- 
cill and Burgesses still mutually agreed to Entertaine the said 
Conferrence as by the following Clauses in the Aforemen- 
coned Journalls of Assembly contained likewise appeares, Viz' 

Debated whether the Conference shall goe on or noe, and 
voted accordingly & Carried in the affirmative. 

Ordered that a Message be Drawne up & sent to the said 
End & purpose which was done as follows Viz 1 



By the House of Assembly September 23" 1 1693: 

Vpon M r Speakers makeing Report to the house of S r 
Edmond Andros Cofnission to succeed in the Governm' in 
Case of Govern" Copleys Death the house are notwithstanding 
Desireous to goe on in the Conferrence this Morening 



62 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original appointed for Satisfaction of the Legallity of their power 
journal. acC ording to the Kings Comission and was likewise soe voted 
by the house. Signed p Ord r 

Hen Denton Clk Assembly. 

p- 4= M r Dent M r Whittington & M r Mitchell sent upon the said 
Message They Returne Back & Say they delivered their 
said Message & that the Councill acquainted them they would 
Entertaine the said Conference on Munday Morning by Eight 
of the Clock 

Munday September 25 th 1693. 

M r Dent & M r Whittington sent to the Covncill to Signifye 
to their Hono rs that the House is Ready to Enter upon the 
Conference this day appointed & agreed upon. 

The Messingers Returne & say they delivered their said 
Message to the Covncill whoe for Answer Returne that they 
will send the house notice when they are ready for the Con- 
ference. 

Coll Hutchins comes from the Councill & sayes they are 
ready to admitt the house to the Conference. 

The House thereupon Resolve themselves into a Grand 
Comittee & Choose M r Cheseldyn Chaireman thereof & soe 
goe up upon the said Conferrence. 

The Governor of Virg 1 comeing in the Interim occasioned 
the said Conferrence to be deferred, and thereupon they 
Repared to the State house againe. 

Whereupon some short time after his Ex ncy Landed his 
Ex" cy produced the following Comission to the Board, Viz' 

William R: 
William & Mary by the Grace of God King & Queen of 
England Scotland ffrance & Ireland defenders of the ffaith 
& ca To our trusty & well beloved S r Edmond Andros Knight 
our Lieveten' & Govern" Gen 11 of our Colony & Dominion of 
Virg a in America Greeting whereas by our Comission under 
our Great Seale of England beareing Date the. 27 th of June in 
the third yeare of our Reigne wee have thought fit to Consti- 
tute & Appoint our Trusty & Well beloved Lionel Copley Esq 
our Cap' Gen" & Governo r in Chiefe in & ouer our province 
& Territory of Maryland in America & whereas by our 
Comission under our Signet & Signe Manuall Wee haue 
appointed our Trusty & Well beloved Cap' ffrancis Nicholson 
to be our Lieveten' Govern' of our said Province & Territory 
Wee Reposeing Especiall Trust & Confidence in your Loyalty 
Courage & Circumspection, doe by these presents consti- 



Assembly Proceedings, Sept. 20 -Oct. 18, 1694. 63 

tute & Appoint you the said S r Edmond Andros upon the Original 
death of the said Cap' ffrancis Nicholson & in the Absence of J° urnal - 
the said Coll Lionel Copley to be Cofnander in Chiefe in & 
ouer our said Province & Territory of Maryland To have hold 
Exercise & Enjoy the Office and place of Cofnander in Chiefe p. 43 
of our said Province & Territory of Maryland for & dureing 
our pleasure, with all the Rights priviledges, profits, And 
Advantages to the Same belonging and Appertaining in Case 
of the Death of the said Cap' ffrancis Nicholson and Absence 
of the said Coll Lionel Copley as af d with full power & 
Authority to Execute & performe all and Singular the powers 
& directions Contained in our said Cofnission to the said Cull 
Lionel Copley & such Instructions as wee haue already or 
shall hereafter from time to time send to him And wee hereby 
Cornand all & Singular our Officers, Ministers & Loveing 
Subjects of our said province & Territory and all others 
whome it may Concerne to take due Notice hereof & to give 
their Ready Obedience accordingly Given at our Court at 
Kensington the Third day of March 169^ in the ffourth Yeare 
of our Reigne. By his Maj tics Cornand 

Nottingham 

The Cofnission being Read and the Gentlemen of the 
Councill observeing the words of the said S r Edmonds Comis- 
sion to be Contrary as to the Death of Cap' ffrancis Nicholson 
& the Absence of his Ex ncy Coll Copley Offered that as a 
Reason whether the s d S r Edmonds Cofnission ought to take 
place or not at w ch S r Edmond seemeing Uneasey asked 
where Cap* Nicholson was, saying he was dead to us ; it was 
thereupon Mooved that it might be Laid before the Assembly 
for their Opinion therein upon which the said S Edmond 
Layd the Cofnission downe on the board & asked whether 
wee would Submitt to the Kings Cofnission or not, upon 
which the Covncill not knowing what Constructions their 
Maj ,ies might be pleased to make upon the said Cofnission & 
being not well acquainted w ,h matters of that nature, & for the 
quiet & Satisfaction of all persons concerned, their Maj ,ies said 
Councill after intimacon & Caution to the said S r Edmond of 
the uncertainty of the words of his said Cofnission were for 
the Reasons afd induced to permitt the said S r Edmonds 
Access to this Governm' whoe accordingly tooke upon him 
the same, Afterwards Viz' 26 th of September Anno 1693 
Message Came from the house of Burgesses & is Expressed 
in the Journall thereof as ffollows. 



64 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 
Original Tuseday September the 26 th 1693. 

Journal. 

p- 44 M r Dent, M r Hamond, M r Tasker, M r Jones, M r Harris and 
M r Greenfield Sent up to the Councill to desire an Answer to 
the former vote of this house concerning the Constitucon of 
the Governm' whereof their Hono rs haue had already a Coppy. 

They Returne & say they delivered their Message in 
Charge given them 

Message from the Councill by M r Tench w ch was Expressed 
in the words following Viz' that his Ex ncy Cofnandes the 
Memb rs of this Hono ble House to Attend him at the Councill 
Chamber imediately. 

M r Speaker thereupon together with the Rest of the houses 
Memb rs goe up to the Councill Chamber accordingly where 
being admitted his Ex ncy was pleased to Acquaint them that 
their Maj ties had Comitted the Care of the Governm' (in the 
Absence of Coll ffrancis Nicholson) unto him, and that there- 
upon he had Continued all Officers Military & Civill in their 
former Station, untill further Order the which he had Signifyed 
by his proclamacon & beat of Drum his Ex ncy likewise 
expressing himselfe to be Glad to see soe many Gentlemen 
together that had been instrumentall in the makeing soe many 
good Laws in this province but with all Told them that he had 
noe further Occasion of their p r sent Assistance therefore he 
declared that in their Maj' i,:s names he did Dissolve them, & 
that accordingly they were dissolved, for Reason of which 
unexpected Dissolution & because of the Uncertainty of the 
Words of the said Cofnission & Manifest variance betwixt the 
said Cofnission & proclamation as by the same(Runing in the 
following words) appeares Viz' 

By his Ex ncy a Proclamation 
Maryland ss. 

Whereas by the Death of his E ncy Lionel Copley Esq r their 
Maj ts Late Cap' Gen" & Govern' in Chiefe in & over this 
their Province of Maryland and the Absence of Cap' ffrancis 
Nicholson their Maj' s Lieveten' Govern" of the same, The 
Chiefe Cofnand & Governm' of the said Province is Comitted 
to the Charge & Conduct of S r Edmond Andros Kn' (their 
Maj"" Lieveten' & Govern' Gen" of their Colony & Dominion 
of Virginia) by their Maj' ics Royall Cofnission under their 
Signet & Signe Manuall beareing Date the third day of March 
169^ in the fourth yeare of their Reigne to me directed, w th 
p 45 Relation to their Maj' ies Cofnission to the said Lyonel Copley 
made Letters patents beareing date the 27 th day of June in 
the third yeare of their Reigne, and their Cofnission to the 
said ffrancis Nicholson vnder their Signet & Signe Manuall 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 65 

beareing date the 24 th day of ffebruary in the fourth yeare of Original 
their Reigne, produced & read to and by their Maj ties Covncill J ourna ■ 
of this Province this day in Councill Siting I have (by & w th 
the Advice of the said Councill upon my Accession to the 
Comand & Governm' af d thought fit to proclame & declare 
and doe hereby publish & make knowne that all & Singular 
their Maj" es Magistrates Ministers & Officers Civill & Military 
within this Province are & doe Stand and Remaine continued 
& Confirmed in their Respective places and Offices af d untill 
further Orders hereby Strictly chargeing & Enjoyneing them 
& every of them respectively to Execute and performe the 
Duty of their Respective places & Offices afd as formerly they 
haue or ought to haue done, Willing alsoe & Comanding all 
& Singular their Maj' !es Loveing Subjects of the said Province 
and all others whome it may Concerne to take due Notice 
hereof & yield all ready Obedience thereunto as they will 
Answer the Contrary at their perills, To w ch End I doe 
straightly Charge and Comand all & Singular the Sherriffes 
of the respective Countyes of this Province to make publick 
proclamacon hereof in the most publick & Convenient places 
within their Respective Countyes. 

Given at the Citty of Sn' Maryes the 25 th day of Sep br Anno 
Dom 1693 m tne fifth yeare of the Reigne of our Soveraigne 
Lord & Lady King William and Queen Mary 

E Andros 

God Save King William & Queen Mary 

And for that the said S r Edmond did not upon his Entrance 
to the said Governm' take the Oath of Trade & Navigation 
nor adminisf or Direct the same to be Administred to Coll 
Nicholas Greenberry by him left as president nor to S r Thomas 
Laurence at his next Comeing for the due & Strict Observ- 
ance of the Sev r all parts of a Certaine Statute of England 
made in the 12 th yeare of King Charles the Seconds Reigne 
Entituled An Act for the Encourageing & Encreaseing of 
Shipping & Navigation as by the said Act is Comanded 
enjoyned & Required Wee haue thought it necessary to pro- 
mote a Certaine bill to this present Gen" Assembly To be 
humbly Offered to their Maj ,ies for their Royall assent To Con- p. 46 
firme & Ratifie all pceedings Judiciall Military & Civill from 
the Death of the said Govern" Copley to y r Ex ncies Arivall to 
this Governm' 

Wee therefore Humbly Move your Ex ncy not only to accept 
of this our true & Just Representation of the premisses but 
that you will be pleased to Joyne w th us who in all becoming 
& Loyall Humillity desire to Lay the Same before their 
Maj ties praying their Gracious & Royall assent to the said Bill 



66 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original or A c t f this Assembly and that their Maj' ies will pass a 
gratious construction of what wee with true & Loyall hearts 
& Sincerity to their Service haue permitted & Consented to 
in the premisses. 

And they shall Ever pray & ca 
Nich Greenberry 
Charles Hutchins 
David Browne 
Thomas Tench 
John Addison 
Tho: Brooke 

And S r Thomas Laurence doth humbly Represent in his own 
behalfe That on the 25 th day of September when S r Edmond 
Andros produced his Cofnission in Councill upon the Reading 
thereof S r Thomas Beleiveing that S r Edmond was authorized 
by their Maj ties to take the Governm' of Maryland upon the 
Absence of Coll: Copley & the Death of Cap' ffrancis Nichol- 
son then Lieveten' Govern' which termes are twice Repeated 
in the said Cofnission Speakeing then first in Councill did put 
the question whether S r Edmond and the Board were Satis- 
fyed or any wayes assured That Coll Nicholson was dead ; 
upon which Question S r Edmond Seemeing much vneasy S r 
Thomas did further add that it was a proper Question for 
that if S r Edmond had not Come into Maryland with that 
Cofnission their Maj ts Authority did fully Subsist in Maryland 
upon their Cofnission Given to and Executed by Coll Copley 
lately deceassed & which in Case of his Death if noe person 
particularly Commissionated by their Maj ts did Devolve upon 
their Maj ls Councill untill their pleasure were further Knowne. 
p. 47 But the Members of their Maj" es Hono ble Covncill Being 
unanimously of Opinion That S r Edmond Andros his s d 
Cofnission ought notwithstanding to take place S r Thomas 
did acquiesse not thinking it fit to Enter any particular dissent 
to the Gen" Sence of the Hono ble Board Least he might seem 
to shew a Spirit of Opposition to the concurrent opinion of the 
Covncill And which hoped under soe Experienct a Govern' as 
S r Edmond Andros might yet prove most Advantageous to 
their Maj ties service 

Wherefore for whatsoever fault he may haue Cofnitted by 
such his Consent he Obediently Submits himself to his Maj" es 
Judgm' and Most Humbly Begs his pardon. 

Thomas Laurence 

Then was Read the following Bill Viz' 

An Act for confirming all Judiciall proceedings & ca from 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 67 

Govern' Copleys death Untill the Arrivall of his Ex ncy ffra: original 
Nicholson Esq r Ordered that the said Bill be sent to the J ournal - 
house the which was accordingly done by the Hono ble Coll 
Jowles Coll Robotham Cap' Courts M r ffrisby & Esq r Ran- 
dolph. 

They Returne and Say they delivered the same. 



Post Meridiem 

Petition of M r Richard Smith of Calvart County Relateing 
to Armes taken from Mattapany & ca 

Ordered that the same be referred to the house of Bur- 
gesses for their Consideracon 

These following Bills Returned again to the house Viz' 

Act for Ports. 

Act about Navall Officers ffees. 

Act for the Reliefe of the Creditors of Marke Cordea Dec d 

Adjourne till to Morrow Morning 

Thursday October the 1 I th 1694. 

The Councill Sate and Were present as Yesterday. 
Except 

Coll Greenbery Coll Hutchins & Coll Browne. 

Coll Addison produces to the Board the following persons 
Receipts for Tobacco paid them pursuant to an Order of his 
Ex ncy S r Edmond Andross & Councill the day of , 

for w ch he then Rec d Caution for the same to the Sufne of 
Ninety Six pounds St/' Ordered out of the ffour pence -p Gall: 
Cap 1 Brightwell Attesting the said payments in Covncill Viz' 



Cap" Richard Bright 


Well 


5000' of tob° 


John Conway 




2772 


Robert Kent 




3000 


Stephen Sumpter 




3000 


William Thompson 




3000 


Richard Burke 




3000 


John Baker 




3000 


ffrancis Durham 




3000 


ffrancis Warner 




3000 


John Green 




1329 



The said Coll John Addison does say that what Tobacco is 
lelt still vnpaid he is ready to pay & Satisfye. 



68 Assembly Proceedhigs, Sept. 20-Oct. 18, 1694. 

Original Petition of Henry Denton, John Boomer & Thomas Hebb 
journal. a jy a n owance f or publick services done, the which being Read, 

it was Ordered That a Conference be had w th the house to 

know how publick Acco' s shall be proved & to take care that 

all due Arreares be paid. 

Ordered that Edward Randolph Esq r be Joyned to the 

Comittee of Laws & Ace 15 in stateino- the Revenue & ca 



The following Bills Read, Viz' 

An Act for the Laying an Imposition on Severall Comodities 
exported out of this Province. 

They are of Opinion that the Imposition put upon the furrs 
is too great & therefore propose that halfe the said Duty be 
put upon the Inhabitants and double upon the fforreigners 
Excepting merchants from England & their factors here 
Resideing or Comeing hither. 

A Clause to be Added to the said Law to Empower any 
Navall Officer or his Deputy to goe on board any Ship or 
Vessell and Breake open any Lock pack or Truss & ca to 
search for all concealed Goods & ca or to search any house by 
the same power. 

A Supplementary Act to the Act concerning Water Mills ; 
it is proposed that a Sixth part be allowed for grinding Wheat 
as formerly otherwise it is thought there will be noe wheat 
ground. The said Bills & Remarkes thereon delivered by 
Order to the Clerke of the house of Burgesses by the Clerk 
of this Board. 
49 The House of Burgesses Message of the 9 th of October 
Relateing to the Stile of the Laws, was produced at the Board 
& taken into Consideracon. Ordered that Answer to the 
same be Drawn up, which was done as follows Viz' 

By his Ex ncy the Govern" & ca 
October the II th 1694. 
The Message of your house of the Nineth past by Cap' 
Dent Maj r Dorsey, M' Hutchinson & M r Hinson was this day- 
Read in Covncill, for which his Ex ncy Returnesyou his thankes 
for the good Opinion the house does conceive of him, and is 
willing at present for their Maj' ies Service & to the End the 
Countreys business may not be delayed that the Laws now to 
be passed, may Rune in the same style as the Laws which 
were made in Govern' Copleys time. 

Signed -p Ord r 
Hen Denton Clk Councill. 
Adjourne till to Morrow Morning. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 69 

ffryday October 12 th 1694. original 

Journal. 

The Councill agaitie Sate & were present all 

Ordered that what Business stands Refered to be Consulted 
in a Conference with the house be Drawne forth & sent with 
a Message to the said End & purpose to meet in the After- 
noon 

Viz' 

About the Act for Tunnage & ascertaining Navall Officers 
ffees, about the Records of the Land Office to know where is 
the prop r est place to put the same in & ca 

About the Bill for the Reliefe of the Credito" & Legatees 
of Mark Cordea dec d & likewise other proposalls then to be 
Offered. 

Message Drawne up to the said Effect & Sent, together 
w ,h the Message relateing to the Stile of the Laws by Coll 
Jowles & Coll Robotham whoe went upon the Comittee of 
Laws. 

Read a petition of M r Gerrard Vsweringen, praying for 
allowance for the Use of the Councill Roome being Read was 
Recomended to the house of Burgesses for their Con- 
sideracon & sent as aboue. 

The Hon bLe Thomas Tench Esq r Coll John Addison & 
Edward Randolph Esq r goe forth upon their Charge. 



Post Meridiem 

Petition of the Inhabitants of the South Side of Patapscoe 
River being Returned to this Board with the vote of the 
house thereon, the Board doe Concurr therewith, The said 
Vote Runes in these words, Viz' 



By the Assembly October 3 d 1694. 
The within petition Read & Considered 
Voted whether the South Side of potapscoe River be aded 
to the County of Ann Arrundell or Remaine still as it is, 
Carried by the Majority of Votes to remaine still as it is. 

Cleborne Lomax Clk Assembly. 

M r Speaker with the members of the house, come up to the 
Conference this day appointed. 

The Act for Tonnage & Navall Officers ffees, being 
Debated was agreed upon to be altered according to the 
former proposalls of this Board. 

The next thing taken into consideracon was where the best 
place might be found to keep the Records of the Landpffice 
in his Ex" cy telling them that they had before them the Right 



p. 50 



70 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original Hono lle the Solicito r Gen" s Report relateing to the same there- 
joumai. f ore w j]] ec j them to give some Answer thereto to which M r 
Speaker in the Name of the Rest of the house Makes Answer 
that they humbly conceive that the said Records were alwayes 
in the Custody of the Secretaries of this Province & haue 
hitherto been well preserved, therefore the house are of 
Opinion that the same still be best preserved where they are 
notwithstanding the said Report considering their Maj ,ie " haue 
noe particular ffort or place here within this province to pre- 
serve the said Records in Resolved that the same be debated 
by the house of Burgesses to Morrow & that the Law which 
settles ffees to the hono ble the Secretary for granting Warr ls 
for Land & Recording Certificates & issueing patents & ca be 
then likewise consulted. 

Act for Reliefe of the Creditors & Legatees of Marke 
Cordea dec d Referred to be considered by M r Attorney Gen" 
whether the same does not come under statute of Mortmaine 
& soe lyable to fall either to the King or my Lord & that he 
Make Report thereof accordingly. 
P . 51 Proposed that a Surveyo r Gen" be appointed for the Gov- 
ernm' whoe shall qualifye himselfe by Law & Give security for 
his Deputyes one to be placed in each County for Resurvey- 
ing All Lands where differences arise at Law about titles of 
Land & that such Uep tics be Obliedged to keep within their 
owne Countye in Executeing their Office & to be qualified & 
Sworne as af d Agreed to be Considered of in the house. 

Demanded where the Originall Laws made in Govern' 
Copleys time were & Answer was made that by Mistake it is 
believed they were sent for England, concluded that the same 
be Debated in the house of Burgesses to Morrow Morning & 
that a further Debate & Answer be made to the Supplye of 
New Yorke. 

That Collectors ffees be settled by a Law as well as the 
Navall Officers. Coppy of the severall Remarkes made by 
the Councill in the Act for ports was Transcribed by the 
Clerke of the house of Burgesses by Order for the Con- 
sideracon of the house. 

Adjourne till To Morrow 



Saturday October 13 th 1694: 

Councill again Sate & were all present 

M r Attorney Gen" s Report to this Board upon the Petition 
of Thomas Courtney formerly here Read Ordered that the 
said peticon & Report be Referred to the house of Burgesses 
for their Consideracon 

Message from the house by Cap' Dent M r Hutchinson M r 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 71 

Hutchins & Cap' Thompson whoe say that they haue brought Original 
severall Bills which haue been Read both in the House of J° urnal - 
Burgesses & here & that the severall Amendm' 5 Recomended 
are made & soe they proceeded to Engrossing the same & 
haue since again been Read & passed the houses Assent, and 
are now presented for the Assent of their Maj' ies Hono ble 
Covncill. 

Read an Answer of the House of Burgesses to a certain 
Address made by the Major, Recorder, Aldermen & Cofnon 
Covncill Men to his Ex ncy in Covncill about Removeing the 
provinciall Court from S nt Maryes, which said Address and 
Answer is as follows Viz' 

To his Ex ncy ffrancis Nicholson Esq r Cap' Gen" and Gov r in 
Chiefe in & over this their Maj"" Province and territory 
of Maryland. 

The Humble Address of the Mayo r Recorder Aldermen p. 52 
Common Councill men and ffreemen of the City of Sn* Maries 
in the said province. 

And principally from the bottom of their hearts they congratu- 
late your Ex ncys happy accession to this your Governm' and 
sincerely pray for your peaceable and quiett enjoym' thereof 
and long & prosperous continuance therein for the glory of 
God their Maj' ies Service the Good and benefitt of their Sub- 
jects and your owne particular comfort and Satisfaction. 

ffrom whence they proceed humbly to Supplicate y r Ex ncics 
grace and flavour in granting and Continving to them their 
antient franchises rights & priviledges granted them by their 
Charter with such other benefitts and advantages as hath been 
accustomed and usually allowed and from time to time con- 
firmed to them by y r p r decesso r s Governo rs and Rulors of this 
province humbly Offering and proposeing to y r Ex ncyes these 
following reasons as motives induceing therevnto (Viz 1 ) 

Imp rs As that it was the prime and originall Settlem' of 
this Province and from the first Seateing thereof for aboue 
Sixty yeares hath been the Antient and Chiefe Seate of 
Governm' 

2 In consideracon whereof the Lord Baltemore by his 
Lett' 5 pattents did incorporate and constitute the same a City 
w' h Severall immunityes rights benefitts and priviledges there- 
unto belonging aboue and beyond all other parts and places 
of the province. 

3 The Scituation in it Selfe is most pleasant & heathfull 
and naturally commodious in all Respects for the purpose, 
being plentifully and well watered with good and wholesome 
Springs almost encompassed round with Harbour for Ship- 



72 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original ping where ffive hundred Saile of Shipps at Least may 
journal. secure i v r \^ e at Anchor before the City, haveing alsoe most 
sutable and convenient points of Land and proper places for 
Erecting and building of fforts block houses and Other ffortifi- 
cations and Edifices for the Security and Defence of such 
Shipping, the keeping and preserveing the publick Magazine 
and the Records of the Province, 
p. 53 4 And as such and for divers other reasons then appeal- 
ing in the yeare 1662 a convenient part or portion of the said 
Land was by the representative body of the province bought 
and purchased for the building of a State house and prison 
and twelve yeare after to wit Anno 1674 his Lspp: by and 
with the advice and consent of the rep r sentative body of this 
province passed An Act for the building of a State house and 
prison in the said place w ch cost the Countrey at that time 
three hundred and thirty thousand pounds of tobacco 

5 That the Inhabitants of the said City themselves for their 
further security in haveing the Courts of judicature and other 
publick Offices and meeteings continued among them humbly 
mooved his Lsp: w th their free Offering of one hundred thou- 
sand pounds of tobacco towards the Erecting and building for 
his Lspp' a dwelling house at West Sn' Maries convenient & 
adjacent to the s d City w ch Sume of tobacco they duely and 
punctually paid and complyed with. 

6 His Lspp notwithstanding to gratifie the Request of 
Some persons & Studying the ease and conveniency of the 
people according to some motives to him then made, did in the 
yeare 1683 remove the Records together w th the Offices and 
Court of Judicature, as also the Assembly then convened, to 
the Ridge in Anne Arrundell County whereby the Inhabitants 
in those parts finding themselves greviously burdened and 
altogether incapable to make provision for soe greate a Con- 
course of people became Suito rs to his Lsp to remove to some 
other place w ch accordingly he soone after did to Battle 
Creeke in Pettuxen River, where the provinciall Court after it 
had continued for the space of three dayes, onely were (for 
want of necessary accomodations) obliged to breake up 
abruptly ; great part of their business unfinished. 

7 After all his Lsp haveing made tryall of the most prob- 
ably convenient places for the holding of his Courts of Judica- 
ture and other public Meeteings as afd found the same 
altogether incommodious and most inconvenient and at last by 
the Advice of his Covncill found himselfe obleiged to returne 
to the first and antient place of Sn' Maries. 

p. 54 8 And for the encouragem' of the Inhabitants of the 
same, & the better to Enable them to make provision for the 
accomodation of such persons as should have occasion to 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 73 

apply themselves there in times of Assembly Provinciall Original 
Courts or otherwise his Lsp was pleased to Signifie to the J ournal - 
Corporation under his hand his promise and full assurance of 
continueing the same, and not to be removed thence dureing 
his life. 

9 Upon w ch Encouragem' given Severall of the Inhabi- 
tants of the s d City haue lanched out and disbursed consider- 
able Estates to their great impoverishm' and almost utter 
ruine if they should be defeated of such their promised 
encouragem' and not onely soe but divers others the Inhabi- 
tants for severall miles about, contiguous and Adjacent to the 
s d Citty upon the same Encouragem' of his Lsp have seated 
themselves upon meane indifferent lands and layd out their 
Estates and made emproovem 15 thereon barely for the raiseing 
of Stocks wherewith to Supply the said City for the End and 
purpose afd w ch is now become their whole and onely depend- 
ance for their future Support and maintenance. 

10 The City of Sn' Maries scituated as afd is undeniably 
the most convenient Port or place for all Masters of Shipps or 
other persons whatsoever at their arrivall into or goeing out of 
the province to make their application to his Ex ncie and also for 
the receipt & dispatch of all publick Lett rs and expresses 
relateing to their Maj' ies Service and the good of the whole 
province from and to any parts of the Same, as lyeing in a 
manner equally distant from Pottuxent and Pottomock Rivers 
and the Main Bay, and is most commodious and contiguous to 
its Neighbouring Collyny of Virginia with whom a mutuall 
intercourse and correspondency is most undeniably Necessary 
and Materiall. 

1 1 ffor w ch reason amongst others best knowne to their 
Maj''" your supplicants humbly conceive that (as they have 
been enformed) their Maj' ies late Gov r Copley was by his 
Instructions comanded to apply primarily and principally to 
Sn' Maryes & there enter upon his Governm* as the knowne 
& generally accepted antient & Chief Seate of Governm" in 
this province 

12 It hath hardly been knowne and indeed Scarce any p . 5S 
president can be produced of soe Sudden a change as the 
removeall of the antient and Chiefe Seate of Governm' upon 

the bare suggestion and Allegations of some particular persons 
for their owne private Interest and Advantage neither is it in 
the power wee humbly conceive of the Subject but the pre- 
rogative Royal invested in your Ex" cie as their Maj 1 '" Lieve- 
tenant at whose feete we humbly cast our selves for Releife 
and Support ag' the Calamitys & ruin wherewith wee are 
threatned wholly relying upon your Ex" cics grace & favour 
therein, with whome wee alsoe conceive should be good 



74 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original manners in all persons first to treate & interceed before they 
journal. p resume to ma k e an y peremptory result in a case of soe high 
a Nature as this may be. 

13. Wee cannot omitt to represent to your Ex ncie that the 
very last Assembly held in the time of the late dec d Gov r 
Anno 1692: It was then put to the Vote of a full house 
whether the holding of Courts and Assemblyes at Sn 1 Maries 
were a greviance or not and carried in the Negative. 

14 At w ch time Wee humbly conceive that house did 
well consider all difficulties as well as the vast charge and 
Expence they already had been at (to noe purpose if the 
Courts & ca should be removed) as alsoe what must Necessarily 
follow (and it may be to as little purpose) in building of New 
Courts & Offices in other places and makeing provisions for 
the holding and keeping the same, besides the hazard and 
casualties of removeing & transporting the Records from one 
place to another of which already some Experience hath been 
had. 

15 To remoove some Scruple & Objection and (as wee 
humbly conceive) the Maine one that hath been made against 
the conveniency of the place that the Gentlmen the members 
of the house haue been forced to their great Trouble often- 
times to travell on foote from Pottuxen to Sn' Maries and soe 
back again. 

p. 56 It is humbly proposed and we doe Offer to obleige our 
selves forthwith and soe soone as possibly workemen and 
Materialls can be provided for the greater Ease and Conveni- 
ency of all persons at such times as also at all other times, to 
provide and procure a coach or carvan or both to goe in all 
times of publick meeteings of Assemblyes and provinciall 
Courts & ca every day daily betweene Sn' Maries & pottuxen 
River and at all other times once a weeke and also to keep 
constantly half a dozen horses at least with Suitable furniture 
for any person or persons haveing occasion to ride post or 
otherwise with or without a guide to any part of the province 
on the Western Shore. 

16 That the Scituation of the place being not in the Center 
of the province and consequently not soe convenient for some 
persons to apply to. Wee hope the proposeall aboue may 
somewhat mitigate that Objection besides Wee humbly rep r - 
sent Even the place of our Nativity the Kingdom of England 
and the Imperiall Court their held in the City of London, as 
farr from the Center of England, as Sn' Maries in this Pro- 
vince Boston in New England Port Royall in Jamacia James 
Towne in Virginia and almost all other their Mrtj" es American 
plantations where are still kept and continued in their first 
antient Stations & places the Chiefe Seat of Governm' and 
Courts of Judicature. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 75 



Philip Lynes Mayo r 
Hen: Denton ) 
John LLewellin | 
Jo: Watson ^ Aldermen 

1 ho: Beal | 

Philip Clarke J 

Edward Greenhalgh 
W m Digges 
J Bouye Clk 
G Vsweringen 
Josh Brodbent 
Ro. Carvile 
Char 1 " Carroll 
Rob" King 
George Layfield 
Jn° Coode 
Henry Wriothesley 
W Bladen 
James Cullen 
Tho Hebb 
James B Baker 
Stephen Blatchford 
Daniel Bell 
Jonathan Clarke 
Edward Kelsey 
Abraham Rhodes 
Joseph Edlo 
Roger Tolle 
Henry H T Taylor 
James Rickets 
John Wincoll 
Edward ffisher 
John I Noble 
Thomas Hutchins 
Ric d Sowter 



Kenelm Cheseldyn Record' Original 
Thos: Waughop ^ J° urnal - 

W m Aisquith j Comon 
Thomas Price \- Councill 
Richard Benton | men 
Rob' Mason J 

Thomas X Gayther 

Robert Drury 

Claudius Dutitre p. 57 

W Taylard 

Sam" Watkins 

Sam" Wheeler Constable 

John ||V| Mackye 

Peter Dent 

W ra Guyther 

John Sanner 

John T Little 

Thorn H Hickson 

W m Nuthead 

Richard R Griffin 

Isaack P| Paine 

Peter Watts X 

Rob' Carss. 

Jn° Evans 

Will Lowrey 

Anderson 

Eben: Cooke 

Zacharias Vanswearingen 

Leo D s Plukenett 

Will" 1 Harpam 

Michael |M Chevers 

Elias Beech 

Tho: Grunwin 

John ffreeman 

Jos Doyne 



To his Ex ncy the Governo r & Covncill p . 5 s 

The Humble Petition of the Mayo r Record" Aldermen Coition 

Covncill and ffreemen of the Citty of Sn' Maries 
Sheweth 

That your pet" doe understand that the house of Assembly 
now sitting are prepareing a Bill for your Ex ncie & Councills 
Assent to remove from this City the Courts of Judicature and 
principall Seate of Governm' & Settle the same at Severne in 
Ann Arrundell County That y r pet r doe hope the reasons & 



76 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original Motives herewith Offered to your Ex ncie & this Hono blc Board 
joumai. w jjj U p 0n ^ ue Consideracon thereof seem Sufficient to hinder 
the said Bill from being past into a Law by y r Ex ncie & the 
Covncills Assent therevnto But least the small difference of 
voices in the Assembly might prevayle w th your Ex ncies inclin- 
acon to the publick good, Sufficiently proved to all such 
places as have had the happiness of being vnder your Gov- 
ernmen' before the said Motives ; w ch y r pefs belive they have 
very little reason to feare, the Matter being to be weighed by 
a -pson of y r Ex ncics knowne Experience Assisted by soe worthy 
a Covncill, y r pet rs humbly crave leave to represent to your 
Ex ncie and this Board: That the appointing a place for the 
Supreame Courts of Judicature & Seate of Governm 1 in any 
Kingdom, Colony, Province, or Territory, belonging to the 
Crowne of England, is a peculiar prerogative of the Crowne, 
& that the upholding & Maintaining the Kings "progatiue is 
as Essentiall, & undoubted a part of the Laws of England, as 
the liberty & property of the Subject is, and that when either 
the former is intrenched upon by the Subjects or the Later 
invaded by the prince the State is in a Convulsion. 

That as the Subjects of this province are well Satisfyed of 
their Maj 1 '" tenderness & care of their Libertyes & -proptyes 
Sufficiently evidenced by their placeing a -pson of y r Ex nc,es 
knowne Regard to the same, at the helme of this Governm' 
Soe y r pet rs doe humbly conceive, that it is not consistant w th 
the Rules of gratitude for soe great a Blessing, nor the differ- 
ence & regard w ch good Subjects ought to haue to the pre- 
rogative of soe Clement a prince, to pass a Law w ch your 
pet rs are well informed is an apparent incroachment upon the 
Same. 

Wherefore y r pet" doe most Humbly pray that Least this 
province may be soe blemished, as to have it said that it was 
the first of the American plantacons that Offered Violence to 
the -progative of soe worthy a prince by passing the said Bill 
into a Law your Ex ncy and your hono ble Councill will please to 
reject the said Bill untill such time as Leave be first Obtained 
from their Maj ties (as the method ought to be in such a Case) 
for prepareing & bringing in the Same, And your pet" humbly 
begg pardon for takeing the freedom of putting your Ex nc,e in 
Minde of a matter w ch they know is your Chiefest care to 
preserve Shall Ever pray & ca 

P . 59 By the Assembly October the 1 I th 1694 

This House have read & considered of the pet" & Reasons 
of the Mayo r Aldermen & others calling themselves Cofnon 
Covncill & ffreemen of the City of Sn' Maries ag' removeing 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 77 

the Courts & Assemblyes from this Corner & poorest place of Original 
the province to the Center & best abilitated places thereof; J ournal - 
Although wee conceive the motives there laid downe are 
hardly deserveing any Answer at all many of them being ag' 
the plaine matter of ffact some ag' reason & all ag' the Gen" 
good & wellfaire of the province yet because your Ex ncy has 
been pleased to lay them before us wee humbly returne this 
our sence of the same, that as to the 1: 2: 3: 4: 5: 6: 7: & 8: 
Reasons relateing to what his Lsp: has thought fitt to doe to 
the Citty of Sn l Maries it is noe Rule nor Guide to their 
Maj' ies yo r Ex ncie nor this house itt seemes in some parts to 
reflect on his Lsp more then this house beleives is true or 
deserved by his Lsp. 

2 As to the 9: this house say that it is ag' the plain Matter 
of ffact for wee can decerne noe Estate either laid out or to 
lay out in or about this famous City compareable w ,h other 
parts of this province But they say and can make appeare that 
there has been moore Money Spent here by Three degrees or 
more then this City & all the Inhabitants for Tenn Miles 
round is worth, And say that haveing had 6o ,y od yeares 
experience of this place & almost a quarter part of the pro- 
vince devoured by it and still like Pharohes Kine remaine as 
at first, they are discouraged to add any more of their Sub- 
stance to such ill Improvers. 

As to the Tenth & Eleaventh wee conceive the being of Sn' 
Maries soe neare Virg a is not soe great an Advantage to the 
Province as the placeing the Courts in the Center & Richest 
part of the same which is noe great distance from thence or 
Virg a either and nearer New Yorke & other Governm 15 w ch 
wee have as much to doe with as Virgin 3 if not more & the 
place as well watered & as Cofhodious in all respects as Sn 1 
Maries w ch has only served hitherto to cast a Blemish Upon all 
the Rest of the province in the Judgm' of all discerning 
Strangers who perceiving the meaness of the head must 
Rationally Judge pporconably of the body thereby. 

To the 12: 13: & 14: they say that they doe not hold them- 
selves accountable to the Mayo' & his Bretheren for w' they 
doe for their Countreys Service nor by what Measures they 
doe the same nor what time they shall take to doe it in nor p- 60 
for what Reasons and are & will be as carefull of the Records 
& properties of the people as the pet rs 

To the I5' h the house say the pet rs offer faire as they have 
done formerly but never yet performed any & this house 
believes that the Gen" welfare of the Province ought to take 
place of that sugar plum & of all the Mayo" Coaches whoe as 
yet has not one. 

To the 16: this house conceive that the Citty of Sn' Maries 
is very Vnequally Rankt w lh London, Boston, Port Royall &" 



78 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original All which wee humbly Offer to y r Ex ncies Juditious Con- 
joumai. s jderacon 

This Board concurr with the s d Answer made by the house 
as Burgesses. 

The aforementioned Bills assented to by the House were 
Read here in Covncill & likewise assented to w' h some small 
amendm' to be made to the additionall act to the act of 
Religion. 
Viz' 

An Additionall Act to the Act of Religion. 

An Act for the punishm' of Blasphemy ffornication and 
Adultery. 

An Act Ascertaining the Expences of the Delegates of 
Assembly & Cohiission' 5 of the prov" & County Courts. 

An Additionall Act to the Act for quieting possessions. 

An Act concerning those Servants that have Bastards 

An Act ag' Strikeing of ffish in Dorchester & Somerset 
Counties. 

An Act for Encouragem 1 of Learning & Advancem' of the 
natives of this province. 

Ordered that a Conferrence be had ab' this Last Bill. 

An Act prohibiting all Masters of Ships or Vessells or any 
oth r persons from Transporting or conveying away any person 
or persons out of this province without passes. 

An Act for Easem' of the Inhabitants of this province in 
Testamentary affaires. 

An Act confirming & makeing Valid the last Will & Testam 1 
of Augustin Herman late of Csecill County Gen' as it now 
stands Recorded in the Comissary Gen" s Office of this pro- 
vince. 

An Act for the Naturalization of Peter fferdinando & his 
Children & severall others fforreigners & Aliens. 

An Act for Reliefe of Debtors 
p. 61 An Act for settleing Assemblys & Provinciall Courts & 
Erecting a Court house at Ann Arrundell Towne in Ann 
Arrundell County 

An Act touching Coopers & the Gage of Tob° Hogsheads. 

An Act for Confirmation of all proceedings Judicial), Mili- 
tary & Civill from the Death of his Ex ncie Lionell Copley Esq r 
dec d untill the Arrivall of his Ex ncy ffrancis Nicholson Esq r & ca 

An Act for Tunnage & ascertaining Navall Officers ffees. 

An Act for Speedy & Easy Justice for small Debts. 

A Supplicatory Act to their Sacred Ma' s for Erecting of 
ffree scholes. 

A Supplimentary Act to the Act for Encourageing such 
persons as shall Undertake to build Watermills. 

Adjourne till Munday Morning. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 79 

Munday October I5' h 1694. Original 

Journal. 

Councill Sate and were all present 

Read the House of Burgesses Answer to the Petition of 
George Mason & William Burley prison's under the sentence 
of death, which said peticon & Answer Run in these following 
Words Viz' 

To his Ex ncie the Gover r & hon blc Assembly of Maryland now 
sitting the 27 th of y hT 1694: 

The Humble Peticon of the Distressed Prison" George 
Mason & Will™ Burley 
Sheweth 

That your Pet rs for these many yeares last past have been 
confined tho more willing to dye than live to put the Countrey 
to so vast a Charge as our Eternall Imprisonm' will create. 

Wherefore humbly pray wee may be brought before this 
hon ble house beseeching y r Ex ncie and this Great Assembly to 
Enquire into the Comission by which wee were tryed whether 
there were any or noe, or whither it was of Oyer & Terminer 
under that Seale, And as the Law directs & noe otherwise, & 
whether our present Circumstances may not admitt us to 
Bayle upon such Security as this hon ble house shall think fit & 
we will Ever Pray & ca 



By the Assembly Octob r io' h 1694. 

According to the pet rs desire this house have Enquired into 
the Legallity of the Comission by w ch they were tryed, And 
say that upon the Death of M r John Payne his Brother Doctor 
Payne of London peticoned their Maj ties that Justice might be 
done upon the persons accused of his Broth rs Murther w ch was 
the pet rs & one Woodcock, that upon the same their Ma ,s sent 
their Lett rs Mandatory, to the then present Govern m' of this 
province, the Convention lawfully appointed & Authorized by 
their Ma ,s who upon Receipt thereof Did Constitute Certaine 
Justices by a Legall Comission from their Maj ,ics to be a prov" 
Court & to haue Cognizance of all pleas of the Crowne & 
civill Matters w ,h in this Province & that the said Justices soe 
Constituted & after verdict of twelve good & Legall men that 
the pet rs w lh the said Woodcock was Guilty, according to Law 
passed Sentence of Death upon them But after Tryall the s d 
Woodcock Confessing the fact was done by him onely, & that 
the other two had noe other hand in it then being present on 
board the yat, when the said Payne was killed: 

The said Convention repreived the said prisoners and left 
them to their Ma ts pleasure for a pardon, whoe soe Remained 



80 Assetnbly Proceedings, Sept. 20-Oct. 18, 1694. 

Original vntill the Arrivall of their Maj ties Govern r Coll Copley deed 
journal. w i loe Continued them upon the s d Repreive promiseing to 
Represent their Maj" es with their Reasons to Induce their 
Royall pardon, But neglected the same as appeares by account 
lately out of England, that Noething was determined therein 
for want of the Record of their Tryall & Reasons presented to 
their Ma ts By w ch meanes & their long continuance in prison it 
hath put the province to one hundred thousand pounds of 
tobacco Charge And if continued till their Ma ,s pleasure can 
be knowne will be as much again another yeare. 

This House therefore to avoid the said Charge & not 
deprive the p r,r s of the Ma ts great & Royall prerogative in 
such Case of shewing Mercy Doe humbly pray the Concur- 
rence of y r Ex ncy & the Hon ble Councill that the pet" may be 
let to bayle till their Maj ts pleasure shall be knowne or any 
other way you shall thinke fitt after the Record of the Tryall 
& their Reasons for Mercy shall be Laid before their Maj ts 
which this House on their behalfe doe humbly Request your 
Ex ncy to Cause to be done for them & ca 

Signed -p Ord r 
Cleborne Lomax Clk Assembly. 

Resolved that the Attorneys be Consulted therein whether 
■psons under their Circumstances can be bayled according to 
the Vote of the House of Burgesses, 
p. 63 The Burgesses of the House of Assembly Answer to the 
proposalls to New England relateing to their Maj ties Stores was 
Read as follows Viz' 



By the Assembly October 11 th 1694: 

Upon Reading the Proposalls to New England concerning 
the Kings Stores; this house haveing considered thereupon 
doe humbly say & Declare that this Countrey is very capable 
of furnishing their Maj lies with Masts of all Sorts, Yards, Bow- 
sprits, Tarr, Knees, pipe staves, barrell Staves, to a great 
quantity every yeare upon Suitable & timely Notice to Us 
given, and at reasonable prices. 

Signed p Ord r 

Cleborne Lomax Clk Assembly. 

The Hono ble their Maj'- Covncill doe Agree w th the Opinion 
of the House of Burgesses therein Whereupon his Ex ncy was 
pleased to Order that the Gentlemen of the Councill as alsoe 
of the House of Burgesses should after their getting home 
make inquirey where the best & Convenientest places are for 



Assembly Proceedings, Sept. 10-Oct. 18, 1694. 81 

procureing such Trees & what wood will be most proper & at Original 
what prizes the severall particulars may be had at of which J ournal - 
they are to make Returne to this Board with all convenient 
Speed: 

Read the following Bills Viz' 

Act for appointing of Rangers for the Defence of this Pro- 
vince 

That a Clause be Added to the said Act, that any English 
man or Indian that has any Information to make ab'the incur- 
sion or invasion of Strang Indians, they be oblieged to goe to 
the next Militia Officer or Justice of the peace where they 
shall give in their Informacon, the which if it proves true, they 
shall have a Reward, if false, then to be punished according to 
Law, And that the Severall Shffs make this Law knowne to 
the Severall Nations of Indians w th in this province. 

Act for 3 d "p hogshead Read & passed here. 

Read an Answer of the House of Burgesses relateing to 
their Maj ts Magazine of powder & ca as ffollows Viz' 



By the Burgesses of Assembly October 15" 1 1694. p. 64 

Voted that the powder Lodged in the State house be 
Equally divided according to the Taxables in Every Respec- 
tive Covnty, And the Coll' of Each Covnty have the Charge 
of the same, And that they take Care for the Transportation 
thereof, and be allowed their Charges out of the publick 
Leavy for transporting the Same, And what publick Armes are 
here at Sn' Maries to be Equally distributed amongst the 
Colls, of Each Respective County, And to be kept in repair at 
the Charge of the Severall Countyes. 

Voted that whereas the Records of this province for the 
Land Office have all wayes heretofore been kept by the Sec- 
retary of this province ; And whereas wee haveing noe greater 
security for the preservation of the same haue thought fit to 
Continue them as formerly by Reason the King has noe house 
of fortification here. 

Signed p Ord r 
Cleborne Lomax Clk Assembly. 

This Board does agree w th the House of Burgesses therein 
& doe Order that the Collonells of Each County doe take care 
that the ffrontiers be well provided w th powder shot & Armes 
in the first place & that there be not aboue one Barrell of 
powder lodged in any one place & the same to be kept & pre- 
served Untoucht, unless upon insurrection or invasion (w ch 
God forbid) their Maj ls haveing noe publick store houses here 



82 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original nor fifortifications to preserve the same in from fire lightening 

journal. ^ ot ] ier Casualties therefore such a distribution is thought 

most Necessary. They doe likewise agree with the Vote of 

the House as to the Land Records by Reason their Ma ts have 

noe particular place nor ffort to keep the same in. 

That in the Act for confirmeing the Act of the last Sessions 
of Assembly & ca it be said instead of an Authentick Coppy 
thereof & that instead of Saying a Transcript it be said the 
Transcript. 

Act for Repealeing certaine Laws of this province, passed 
here, Coll Addison sent to the house to Acquaint them that 
this Board desires a Conference w th the House presently. 

Act for reviveing Severall Laws & ca passed here. 

M r Speaker with the Members of the House of Burgesses 
come up upon the Conference according to the Message sent, 
And was first Recomended unto them the following clause to 
be aded to the Additionall Act for Religion, Viz : And counter- 
signed by the R' Hono bk Charles Earle of Shrowsbury their 
Ma ls principle Secretary of State, together w th his Maj tiC5 s d 
Letter Dated 1 3' h of ffeb ry 1689/90 and Laws Annexed; 
Agreed to. 
p- 65 It is Represented That noe Allowance is made for the 
Covncill and Assemblys & in siting to heare Appeales & ca To 
w ch is answered that there is Allowance made for this Assem- 
bly & that there Remaines a Vote of their House for consid- 
acon to be had the next Assembly for future allowance. 

The Act for Encouragem' of Learning & ca taken into con- 
sideracon & Recomended the leaveing out in the last Clause 
relateing to their Maj lies Comissionateing persons & ca : 

That the word ministerial! be struck out the w Lh was 
agreed to. 

The Act for Confirmeing the Act of the last Sessions of 
Assembly &" Amended by M r Speaker at the Board accord- 
ing to the Aboue Remarkes. Cap' Courtneys pet. & M r 
Attorney Gen" s Report thereon delivered at the Board to M r 
Speaker, for the Consideracon of the house, Together with 
the Bills this day Read. 

His Ex ncy demanding that in case the fforreigne Indians w ch 
lately came into this Governm' should come again w th intent to 
sit downe and seat here, what Answer should be given them ; 
M r Speaker therevpon produced the sence of the House in 
writeing as to that particular the which Runes in the following 
Words Viz' 



By the Burgesses of Assembly Octob r 15 th 1694. 
With submission to y r Ex ncies better Judgem' This house 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. S3 

doth not think fit at this Juncture of time to Receive & Enter- Original 
taine any fforreigne Nation of Indians. journal. 

Signed -p Ord r C Lomax Clk Assembly 

Post Meridiem 

Taken into Consideracon the House of Burgesses sence & 
Opinion delivered at the Board about the afore menconed 
Indians & ca to vv ch the Board does Agree & Orders the fallow- 
ing Reasons to be given to the Indians, if they Come; Viz' 

That this Countrey is an open Countrey, and deales gen- 
erally in Tob a & not in ffurrs ; but Understanding they have 
had an invitation from the Governm' of New Yorke doe there- 
fore thinke that those parts & Pensilvania, whoe deale & 
Trade most in ffurrs, will be most proper for their abode. 

The Advice of the House was likewise desired whither it 
might be convenient that an Embargoe should be laid upon 
those Ships Remaineing in the Countrey after the first of 
November next & on such as Came in after That time 

To which they say th' there shall an Answer thereto be p. 66 
Given, aft r they haue Debated & Consulted the same in the 
House. . 

Afterwards proposed which will be most convenient, Viz' to 
Adjourne or Prorogue this present Assembly ; the which like- 
wise M r Speaker does say shall be Answered when debated in 
the house. 

Read Act for Appeales & ca 

Wee are of Opinion that the Appeales from the Provinciall 
to the Governor & Covncill ought to be not Under ioo lb st rl 
or 40000 1 of Tobacco pursuant to their Ma 15 Instruction, And 
that it be said According to their Maj tics Royall Comission & 
noe further. 

The house being of Opinion that it will be to the service of 
the Countrey that appeales from the prov" Court to the 
Govern' & Councill should be granted for any Sume amount- 
ing to 50 1 st rl or Twenty Thousand pounds of Tobacco: The 
Hon ,,lc Councill doe thereupon Consent to the Same. 

In the Act for Ports Wee are of Opinion that Rehoboth be 
made a port & Snowe Hill a Towne in Somersett County And 
that Yarmouth in Dorchester County formerly a Towne be 
again so appointed, Baltemore Towne in Dorchester County 
not convenient for a port. 

That a proviso be made for his Ex ncy to take vp a Lot in Ann 
Arrundell Towne. That the Lord Prop rys name be named 
according to pattent 

That in Ann Arrundell Towne their be a place set a side for 
a ffortification. 



84 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original In said Act ffol 13: Line 11 th Shipps to Load & unloade at 
journal. p orts one ]y j but may have liberty to Sell any where ffol: 15. 
That persons may have liberty to buy & Sell in any place: 
That a Certaine Number of Dwelling houses & Ware houses 
be provided for according as has been formerly Remarked 
And that the last provisoe in the said Act be wholy left out. 

Act for Imposition of 4 d -p Gall: ffol: 1: Line- 23 d that Clause 
ab' discouragem' of Artificers & ca to be left out fol 2: That all 
Liquo r s imported from Pensilvania shall pay 8 d -p Gall w th 
sever penalty on the -psons importing such Liquo rs with the 
lose of the Same ffol: 3: penalty & fforfeiture must goe to 
their Ma ,s for Such a Use ffol 4: The Entrye must be upon 
Oath, The ten dayes to be left out: That in the 5 ffol: Officers 
be Empow r ed to goe into any house to search & ca Quaere 
Suppose both the Treasurers dye whoe shall appoint another 
Officer. 

Some person to be Empowered to take the Bond, 
p- 67 Act for Advancem* of Coynes it is said that with out ready 
money noe Encouragem' can be given to Handicrafts & ca 

Wee are of Opinion that the said Clause to be left out : that 
the word strl. be left out & the word Current Money put in : 
pieces of Eight of Mexico, Scevill & pillar &" soe much ; peru 
at 5 s & ca to be ascertained ; Debts already contracted should 
not come w ,h in this Law, too small advance made to their 
Ma ts & ca Bills of Exchange the Same. 

Act for lessening the increase of horses ; 

Wee are of Opinion that the height of the ffences be 
Ascertain" 1 

Act impowering Richard Bishop to sell Lands & ca 

The Reasons for soe doeing, Wee finde to be left out as 
formerly remarked to the House. 

Act for Ordinary Keepers. 

The ftynes must be ascertained to the King for breach of 
any the Clavses in the said Act. 

Act for laying an Imposition upon ffurrs & ca 

The words w th intent to Export ought to be left out, But 
before put on Board to pay the Duty. 

Adjourne till To morrow Morning. 



Tuseday October 16 th 1694: 

Covncill again Sate & were present as Yesterday. 

Drawne forth by Order the Remarkes last night made upon 
the Bills yesterday Reed & Read over the which were delivered 
to M r Dent & M r Hutchinson to Comunicate to the House. 

Cap' William Dent Maj r Dorsey, M r Smalwood & M r fferry 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 85 

come from the House w th the ffollowing messages & Bills Original 
again here yesterday Read. Journal. 

The Vote of the House of Burgesses concerning those 
persons for whom an Act of Naturalization passed, Viz' 



By the Burgesses of Assembly Octob r 15 th 1694: 

Voted that Peter fferdinandoe of Charles County Abraham 
Ambros & Abraham his son of Kent County Herman Van 
Burkelo Nicholas de Montagew Henry Sluyter & Jacob 
Sluyter jun r of Caecill County that vnless they take the Oathes 
appointed by Act of parliament instead of the Oathes of 
Allegiance & Supremacy & Signe the Test & Transmitt the 
same to his Exncy the Govern" & Councill before the next 
Sessions of Assembly the bill as to their Naturalization to be 
void to them that refuses to take the said Oathes & Signe the 
Test Signed -p Ord r 

C Lomax Ok Assembly. 

This Board does agree to the said Vote & Order as it is P . 68 
hereby Ord rd that the said persons take the said Oathes before 
one of their Maj' ies Hono b,e Covncill as likewise Subscribe to 
the Test w ch shall be deemed Sufficient. 



Another Vote Relateing to the Act for Imposition on ffurrs 
Read as follows Viz' 



By the Burgesses of Assembly October 16 th 1694. 

That whereas a former Vote hath passed the House that 
noe new bills shall pass or the house Enter upon any further 
business then what lies before them this Sessions of Assembly, 
The House prayes that the Act for Imposition on ffurrs may 
remaine as it is w th out any Alterations at present, And that 
the Alterations proposed to be made in the said Act may be 
referred Untill the next Sessions of Assembly. 

Signed p Ord r 
C Lomax Ok Assembly. 

This Board does agree & Consent to the Vote of the House 
of Burgesses Therein. 

Another Vote Relateing to the Security of the province 
Read as follows Viz' 



86 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

By the Burgesses of Assembly October 4 th 1694. 
Vpon the Reading the Act of Assembly for the Security & 
Defence of this province the house doth Conceive that the 
said Act doth Sufficiently provide according to all the propo- 
sals of his Ex ncy the Govern r & Covncill which wee desire 
may soe Remaine untill further Consideracon. 

Signed p Ord r 
C Lomax Clk Assembly. 

Which being Read; Ordered that all those proposalls in 
Councill relateing to the Militia be Drawne out & sent to 
Each Respective County. 

Another Vote Relateing to the Allowance to be made their 
Ma ts Hono ble Covncill Read as follows Viz' 



By the Burgesses of Assembly Octob r i6 ,h 1694. 

Voted whether their Maj' s Covncillo" of this province be 
allowed 150 1 tobacco p day or 160 1 tob p day for every day 
that they shall sitt & Attend in Covncill & Assemblyes Carried 
by Majority of Votes that they be allowed 150' tob p day for 
Every day that they shall Sit & Attend in Councill & Assem- 
blyes & noe more besides their Itinerant Charges 

Signed p Ord r 
C Lomax Clk Assembly. 

69 The said Vote Referred to be Considered. 

Post Meridiem. 

M r Clarke Cap' Bayne & M r fferry come from the House 
w lh the following Messages Viz' 



By the Assembly October 16 1694. 

Ordered that an Addresse be Drawne to their Maj' ie5 Con- 
cerning the ffree Schoole & Concerning such other busines as 
shall be Considered of by the House & ca 

Signed p Ord r 

C Lomax Clk Assembly. 

Voted that there be Severall other Lett' 5 writt to sev'all 
other Lord Bishops whom his Ex ncy shall thinke fit desireing 
their Assistance about ffree Schooles Signed p Ord r 

C Lomax Clk Assembly. 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 87 

By the Burgesses of Assembly Octob r 1 2 th 1694. Original 

Journal. 

Voted that a Lett' be written to the Lord Arch Bishop of 
Canterbury to Accept the patronage of the ffree Schoole in 
this Province & that the same be signed by his Ex ncy & S r 
Tho: Laurence on the behalfe of the Councill & M r Speaker 
on the behalfe of the House. Voted that a Lett r be written to 
the Lord Bishop of London Signifyeing unto him, whereas 
wee understand that he is patron to the Colledge in Vir- 
ginia humbly desires that he would be pleased to be our 
Advocate & Solicite the Lord Archbishop of Canterbury to be 
patron for the ffree Schoole to be Erected in this province, 
and that he please to doe us all favours to the Advancement 
and good of the said ffree Schoole. 

Signed p Ord r 
C Lomax Clk Assembly. 



The said Votes agreed to by this Board as to the Substance 
but not as to the Method. 

Ordered that a division be made of the Gun powder to be 
sent to each respective County pursuant to a former Order of 
this Board & that an Ace' thereof be sent to the House of 
Burgesses to the End care may be taken to Convey & dis- 
perse the same. 

Accordingly Division made as follows Viz' 



To Charles County 10.. Brought ouer 38 

To Baltemore County 10.. To Dorchester County 5 

To Caecill County 8 .. To Somerset County 6 . 

To Kent County 3 .. To Sn' Maries County 6 , 

To Talbot County 27 To Calvart County 9 . 

To Ann Arrundell County. 9 



Carried over 38 



73 



Ordered that the Amies Bullets & Shottbe likewise devided 
& parcelled out proportionable to the powder, and that one 
barrell of the said powder be lodged in a place onely & that 
neither the said Amies nor Amunitition be medled w ,h or 
made use off unless upon Case of Invasion or Insurrection, 
w ch God for Bid. 

Adjourne till to Morrow Morning 



88 Assembly Proceedings, Sept. 20 -Oct. 18, 1694. 
original Wednesday October 17 th 1694. 

Journal. 

Councill again Sate & were all present except 
Esq r Randolph. 
Taken into Consideration the Vote of the house of Bur- 
gesses relateing to allowance proposed to be given to their 
Maj"" hon ble Councill of this Province being again Read ; 
Ordered that a Message be drawne up to Recomend to the 
house that they may have the Same Allowance made here as 
are Usually allowed and Given their Ma ,s Covncill in Virginia, 
the which was accordingly done & sent by the Clk, whoe 
delivered the same to M r Speaker together w th the ffollowing 
papers Viz 1 

Act for ports of Ann Arrundell & Oxford Townes w lh the 
following Remarkes thereon. That necessary Ground be left 
for a ffortification & ca by a Clause to be added, paper of 
Comission r s names to be put in the said Act. 

Ord r that about Covncillo rs Tobacco allowed this p r sent 
Assembly that the same be Ordered to them in the Countyes 
where they Live. 

Coll Hutchins & Coll Brownes Acco 1 of Expences, being 
1998 1 of tobacco. 

A List of what Letters are Recorhended to be Writt. 

Order about Division of the powder. 

List of the Hono blc Councills Guift towards the ffree 
schoole & ca 
P . 71 Recorhendations about M r Roger Newmans Allowance. 

Henry Dentons pet and Recorhendations thereon for his 
Allowance. 

The following Laws read & Assented to by the Councill 

Viz 1 

An Additionall Act to the Act of Religion amended 

An Act for Settleing a Revenue on their Ma" p r sent 
Govern' 

An Act for appointing Rangers for the Defence of this Pro- 
vince. 

An Act confirming the Acts of the last Sessions of Assem- 
bly of this province now remaining upon Record in the Secre- 
taryes Office to be the body of Laws Untill the same shall 
Arive from England. 

An Act for Reviveing the Temporary Laws of this Pro- 
vince 

An Act for Repealeing certain Laws of this Province. 

An Act for Appeales & regulateing Writs of Error. 



Assembly Proceedhtgs, Sept. 20-Oct. 18, 1694. 89 

An Act for the Imposition of 4 d p Gall: on Liquo" imported Original 
into this Province. Journal - 

Act to prevent the great Evill occasioned by the Multiplicity 
of horses within this Province. 

Act Empowering Rich d Bishop Df Talbot County & ca to Sell 
800 Acres of Land &" 

Act for regulateing Ordinaryes & limiting the Number of 
them within this Province. 

An Act prohibiting the Inhabitants of this Province or any 
others from carrying Liquo r s to the Indian Townes & Cabins. 

An Act for the Laying an Imposition on Severall Comodities 
Exported out of this Province. 

Produced again & Read the Vote of the House of Burgesses 
relateing to W m Burley & George Mason prisoners now under 
sentence of Death, This Board doe Agree with the Vote of 
the said House & all the Lawyers in Towneappeareing at the 
Board to Advize whether the Law will admitt of Bayle in such 
Case & whether an Act for the said purpose might be proper 
to pass, to which they are of Opinion that they may be set to 
Bayle upon soe Speciall a Case as this & that the same will 
be best to be done without an Act. Then it is demanded by 
his Ex ncie what Bayle is most proper to be taken, to w ch was 
Answered th" the best way that can be taken is th' they bring 
two psons who will Enter into Recognizance body for body 
th" the s d prison's shall be forth comeing when called. 

Ordered that the said prisoners be set to Bayle, they bring- p- 72 
ing Two psons to Morrow Morning before this Board & 
House of Burgesses that will Enter into Recognizance Body 
for Body for the said Mason and Burleys appearance when 
called. 

Post Meridiem 

Brought from the House of Burgesses the following Bill for 
Ports fairly Engrossed & Assented to by the House, being 
Read was likewise Assented to by the Covncill. 

Then Likewise Read the following Representations of the 
house, relateing to S r Thomas Laurence Viz' 

By the Burgesses of Assembly October 17 th 1694. 

Upon the Report of a Comittee of Agreiveances to this 
house made Relateing to the illegall & severe vseage of S r 
Thomas Laurence their Ma ts Secretary of this province by his 
Late Ex" cy Coll Lyonell Copley their Ma' s Govern r deceased 
w ch said proceedings were laid before an Assembly begun the 
20 th day of September 1693: in the 5 th year of their Ma' s 
Reigne &" And by the same found & adjudged to be an 
apparent violation of Coihon Right & Directly contrary to the 



90 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

original Rights & libertyes of all their Ma ts good Subjects And again 
journal. brought before this Gen" Assembly now Sitting, whoe not w ,h 
put good Advice & great deliberation haue duely considered 
all the said proceedings ag' the s d S r Thomas Laurence And 
Doe find in the same much more of malice then matter And 
that the whole proceedings were both Arbitrary & illegall, 
Whereupon this house think themselves as they are in duty 
bound to doe Equall Right to all their Ma ts good & faithfull 
Subjects, soe they are oblideged to give a True Carracter of 
the said S r Thomas Laurence whoe in every Circumstance 
appeares to be a protestant, a Loyall Subject to their Ma' s of 
great & good Service to the Countrey & both liberall & 
Generous in promoteing & Contributing to what may tend to 
the good & wellfare of the publick, And for his peaceable & 
pious Inclinacon his sincerity & Integrity of life This house is 
of opinion that for the Hono rs of their Maj ties & the benefitt & 
Safety of the Subjects in Gen" to Impower & Employ the said 
S r Thomas to Assist in the Managem' of some particular 
affaires wherein their most Sacred Ma ts gratious grant & 
favour is hoped for To w ch End & purpose wee most humbly 
pray his Ex ncy Coll ffrancis Nicholson Govern" to give his Con- 
sent & Approbation therein. 

Signed "p Ord r 
C Lomax Clk Assembly. 

p- 73 His Hono r S r Thomas Laurence does say that he is highly 
Obliedged to the house for the good Opinion they are pleased 
to conceive of him & w lh all humbly Represents to the Board 
that severall Matters of Considerable Moment relateing to his 
owne Affaires calls for his imediate Repaire into England, 
hopeing for the permission & Leave of his Ex nc,e & this 
Hono ble Councill for his goeing, which if granted he shall be 
ready to doe all Services that the Countrey shall thinke fit to 
Cofhitt to his care & Managem' in England according to the 
best of his Abillity and that dureing his Absence he will leave 
a sufficient Deputy behind him to Execute that Trust their 
Ma' 5 have here reposed in him. 

Then Read the opinion of the House about Bulke Tob° as 
follows, viz' 



By the Burgesses of Assembly SeptetrT 25 th 1694. 

Upon Reading the Queens Lett' Concerning bulkt tobacco 
upon Consideration thereof The House doth conceive that to 
make an Act prohibiteing the same will be a very great 
Diminution to their Maj' s Revenues And allsoe an Impoverish- 



Assembly Proceedings, Sept. 20-Oci. 18, 1694. 91 

ing to their Ma' 5 Subjects of this Province of Maryland & ca ffor Original 
the Reasons hereafter (viz'). Journal. 

ffirst. The Prohibition of Bulk tobacco will lessen their 
Mat' 5 Revenue very much because Every Ship that Can Carry 
away but 100 hh ds in Caske the same Shipp will Carry in Bulk 
200 hh ds and soe Consequently for bigger or lesser Ships, and 
the Greater quantity of Tobacco that is imported in England is 
the Advancemen' of their Maj' 5 Revenue, And further that 
Tob° that isGen r ally Bulked is such meane darke tobacco that 
it will not pay the ffreight in Cask as ffreight at this Instant 
Runs, but being bulked the ffreight is lessened to one halfe, 
w ch makes such Tobacco in some demand, w ch oth r wise would 
not beare it ; Therefore if the Merchant freighters should be 
Compelled to Transport the same in Caske Considering the 
Meanenes thereof they would not purchase such tobacco from 
the planters but the same would lye in the Countrey out of 
Demand & Useles, for Trade expects profitt, & that profit 
arises Chiefely upon the lessening ffreight, then if that Cause 
be removed the Effect thereof Ceaseth, and Consequently that 
trade Extinguished w ch would very much lessen their Maj lies 
Revenve, Ruine their Ma' 5 Subjects here, Considering that 
almost one halfe of the Tobacco is such darke tobacco which 
payes their Ma' 5 as much duty as the Best Tob° and as trade 
Runs at this Instant there is not Ships Enough to Carry away 
all the Tobacco that is made, when they have used all the 
Wayes & Meanes that possible they Can yet great Quanti- 
tyes lies & rotts in the Countrey to the great prejudice of 
their Maj' 5 Revenews and Impouerishing their Maj ts Subjects 
here & ca 

2 ly If any act should pass the planters must of Necessity p. 74 
leave of Makeing such Tobacco & apply themselves to Manu- 
factury because all plantations will not bring bright Tobacco 
and Necessity is the Mother of Ingenuity, whoe finds out 
Saveing Inventions & Necessary Securityes. 

3 ly The darke tobacco being Imported into England is 
neaver afterwards Exported or Seldome soe that it is vended 
in England paying 5'' the pound to their Maj' 5 Raiseing the 
Revenues high, when as the bright Tobacco is Gen r ally 
Exported paying their Maj' 5 but a Small Duety ; These 
Reasons Considered prayes yo r Ex ncy & Covncills Concur- 
rence therein. Signed -p Ord r 

C Lomax Clk Assembly 

Their Maj' 5 Hono Uc Councill concurr w"' the Opinion of the 
House therein. 

Then Read the Opinion of the house Relateing to a Suf- 
fragan Bishop as follows, Viz' 



92 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 
Original By the Burgesses of Assembly October 1 7 th 1694. 

Journal. 

Wee the Deputyes & Delegates of this Gen 11 Assembly 
haveing taken into our Serious Consideracon the Message 
sent by his Ex ncy the Govern r & Covnsill Relateing to the 
Comissaryes office are of Opinion that a Suffragan Bishop 
would be most requisite & Necessary but that it will not be 
Convenient to Invite or give any Encouragem' to a person of 
that office & Degree till wee shall be in a Capacity to make 
suiteable provisions for his reception and Residence here, The 
which our many & great Vndertakeings all ready Under our 
Care & Charge will not admitt of what is desired at this time, 
Therefore referr the same to the Consideration of the next 
Sessions of Assembly. Signed -p Ord r 

C Lomax Clk Assembly. 

In Answer whereto was dravvne up the following paper and 
accordingly sent to the house, Viz' 

Upon peruseall & Mature Consideracon of the Answer of 
the Burgesses Dated October 17 th returned to his Ex ncy & 
this Hono ble Board, They are of the same Opinion & doe 
vnanimously concurr with them, That a Suffragan Bishop or 
Comissary Deputed by & invested with such Ecclesiasticall 
Authority & power by the Right Reverend ffather in God 
The R* Hono ble the Lord Bishop of London as to his wisdom 
shall seem most Expedient for the Better setling & Regulate- 
ing all matters Relateing to Churches and Churchmen which 
are or shall be Establisht by God Almightys providence & his 
paternall care in this province will be most convenient & 
Necessary, But wee doe further represent into the said Bur- 
gesses of Assembly That the Cohiissarys Office in the Nature 
of it & by the Just & Honest profits & Advantages accruing 
unto it is a most Sutable Employment and a Valuable Encour- 
agem' for such Suffragan Bishop or Comissary so to be 
Deputed by his Lsp: without any charge to be laid upon this 
province. 

fhrst because that Office being Judiciall & of great import- 
ance & Trust in this province in quieting & secureing to the 
Right owners all Estates of persons Dying Testate or Intes- 
tate & for preserveing the fortunes of all the Orphans of Mary- 
land cannot well be Executed but By a person of Integrity and 
Capacity resideing among us. And Secondly that being a 
Judiciall office of an Ecclesiasticall nature it ought to be per- 
formed by a person Qualifyed by his knowledge in the Civill 
Law and may also properly appertain to the same person if 
he shall have taken any degrees in the Study of Divinity. 



75 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 93 

But in as Much as the said Office is now claimed by Doct r Origina 
Payne on pretence to Raise a fortune for his Brothers Daughter J° urnal 
but really to take the most of the profits to himselfe And that 
he hath Authorized one M r Richard Royston & M r Henry 
Denton to Execute the said Office as his Deputyes w ch by the 
Law of England & of this province he cannot doe nor Justify, 
And in as much as the said Royston who dyed at Sea lately 
comeing in, was a person altogether uncapable ofExecuteing 
the same both for his Ignorance in all learning and for his life 
& actions notoriously Scandalous in this province, And in as 
much as the said M r Denton does think himselfe not Ouali- 
fyed tho Lawfully authorized to performe the Same, and hath 
refused to Concerne himselfe in it. Therefore wee humbly 
desire the Concurrence of his Ex ncy of the Burgesses of 
Assembly that this Matter may be Represented to his Sacred 
Maj' y by the Hon ble & Right Reverend the Lord Bishop of 
London whoe is hereby humbly requested to addres his Ma ,y 
That he will please to Establish & confirme the said Office 
upon some sober & Learned person whoe may reside in This p- i ( > 
Province and Execute the same as Judge in Causes Testamen- 
tary and as Suffragan or Commissary to the Lord Bishop of 
London to the Glory of God the Hono r of their Ma" and to 
the Gen" good and Benefitt of the Church of England already 
so prosperously founded by their Great Goodness & Grace in 
this Province. 

Answer Received to the same from the house is as follows : 
Viz' 

By the Burgesses of Assembly Octob r 18 th 1694: 

In Answer to the last Message Sent by y r Ex ncy the Govern" 
and Councill Concerning a Suffragan wee are in this house 
agreed that the Office of Corhissary Gen" is fitt to be bestowed 
on such of his Lsps Suffragans if their Maj''" sees fitt gratiously 
soe to Appoint it with this humble proposition that this Pro- 
vince is not able to raise any further Support at present for 
such a Suffragan. And humbly prayes that if your Ex ncy & 
Covncill will vse yo r Intrest w th his Lopp to send one on these 
tearmes you will highly Obleidge us therein. 

Signed p order 
C Lomax Clk Assembly. 

The Hono' ,lc their Maj ,ies Councill agree to the Same. 

His Ex ncy is pleased to propose to the Board that they would 
advise w l way is best & most proper for the Service of their 
Ma ls & intrest of the Countrey, to Settle the Land Office & ffees 
thereof And w' 1 ' all that they would State the Case how that 



94 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Original Office has fformerly been held & how it now stands, to w ch the 
journal. G ent i em en of the Councill make Answer that all warrants for 
land & pattents did in the Lord Baltemores time issue out of 
the fores d Office & all Certificates for the Same were Con- 
stantly thither Returned & there Entered upon Record of w ch 
his Lordsps Secretarys had alwayes the Custody & ffees 
settled for issueing & Entering all such Writeings as likewise 
that there was a ffee Settled by an Act of Assembly of this 
Province upon his L d sps Chancelor for the sealeing all pattents 
for Land, That in the late Govern" Copleys time a Law passed 
giveing the same ffees as is aforemenconed, Unto their Ma ts 
Secretary & Chancellor w ch stands still Unrepealed & they do 
further say that his Lsp has now Erected an Office for grant- 
ing Lands as formerly whose Officers take all such fees of the 
people now as were p'scribed by the said Act ; but for the well 
p.- 77 Settleing & fully Ascertaining & Regulateing the aforemen- 
tioned Office & for the Satisfaction of the Inhabitants of this 
Province they doe humbly Represent that it will be Abso- 
lutely necessary that this being the true State of the whole 
matter, the same may be humbly Laid before his Sacred Ma' y 
to the End his Royall pleasure may be knowne by whome the 
said ffees shall be taken & where is thought the properest 
place to preserve & keep the said Records in. 

The petition of Somerset County Cofnission rs Returned back 
from the House of Burgesses signifyeing their Opinion that 
the Same did not properly lye before them, was thereupon 
taken into consideracon by this Board. 

And the Burgesses belonging to the said County sent for to 
see w' they had to say thereto whoe accordingly Appeared & 
the said Matter fully Debated & Argued & then the said Bur- 
gesses with drew. 

Resolved & Ordered that the Court house lately begun to 
be built in Somersett County by Order of the Comission r s of 
the said County be out of hand finished & that the Courts be 
there held & kept; 

And that an Order of this Board of the 30 th of July last 
past relateing thereto be Null & Void 

Produced the following papers sent from the house of Bur- 
gesses to this Board Viz'. 



By the Burgesses of Assembly October i8 ,h 1694. 

Proposed whether all Shipps remaining here in this province 
after the fleet have sailed, haue liberty to sayle or to be stopt 
to goe in a ffieete, This house doth think fit that they may be 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 95 

Cleared by the discretion of his Ex ncy the Govern' to depart Ongina 
this Province as they shall be Ready. journal 

Signed p ord r 
C Lomax Clk Assembly. 
This Board does agree to the Same. 

Then was Read the following paper Viz' 

By the Burgesses of Assembly Octob r 17 th 1694. 

This house doth think fitt that the allowance allready pro- 
posed is Sufficient to their Maj' ies Councill rs of this province 
and that the Countrey is not in a Capacity to allow them any 
more. 

The House doth concurr w th his Ex ncy the Govern' & 
Councill the proposalls of Severall Lett rs to be writt to severall 
persons as by a Lyst sent to the house of the Same. 

Ordered by the House that their Maj ties Councillors be paid p. 78 
what is allowed them this present Gen" Assembly in the 
Countyes wherein they doe inhabit, And that the severall 
Councillors Salaryes due to them to be paid them as fast as 
Money Comes in & Can be Collected. 

Proposed that the forty pounds of Tobacco p pole in Ann 
Arrundell County not Collected the Last yeare goe towards 
the building of a Church in Ann Arrundell Towne and Con- 
sented unto Nemine Contradicente that the said Tax of 40 1 tob 
p poll in the said County be Collected the next yeare and to 
be paid to the Vestrymen for & towards the building of the 
said Church in the said Towne And what the building of the 
said Church requires More to be left to the Consideracon of 
the next Sessions of Assembly for the Levying of the same in 
the said County. Signed p Ord r 

C Lomax Clk Assembly. 

This Board does agree to the Same. 

Hen Denton Clk Concl. 

Then was Read the following Vote, Viz' 

By the Burgess of Assembly Octob r i8 ,h 1694: 

Voted that all the Countyes within this province that haue 
not Leavyed the forty pounds of tobacco p poll for & towards 
the Maintenance of Ministers or Building of Churches the last 
yeare, that the same be not Leavyed this yeare, but the next 
yeare Ensueing Eighty pounds of Tobacco p pole be Leavyed 
& Collected in the said Countyes. 

Signed p order 
C Lomax Clk Assembly 
This Board doe agree to the same. 



96 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 
Original And that Order goe to the severall Countyes Comanding of 

Journal. them {he ^ Q ^ po jj ^ yeare & tQ bg g m pl oye( J tQ ^g 

severall uses as the Law directs. 

Then was Read the following paper Viz' 

By the Burgesses of Assembly Octob r i8' h 1694. 

The house doth accept of his Ex ncy the Govern" Kindness 
for ffifty pounds St rl for the Creditt of the Countrey and 
promiseth to Reimburse his Ex ncy the Same when thereunto 
required w th the thankes of this house. 

Signed -p Order 
C Lomax Clk Assembly. 
This Bord doe agree to the same. 

p- 79 Then was Read the following Vote Viz' 



By the Burgesses of Assembly October 15 th 1694. 

Voted that M r Robert Smith Speaker be Surveyo' Gen" of 
this Province for the Governm' Nemine Contradicente. 

And the Deputy Surveyo rs for the Severall & Respective 
Countyes appointed as followeth. 

Sn' Maryes County 

Kent County M r Simon Willmore 

Ann Arrundell County M r Richard Beard 

Calvart County M r Edward Batson 

Charles County. 

Baltemore County M r Thomas Richardson 

Talbot County M William Coursey. 

Somerset County 

Dorchester County Thomas Pattison 

Csecill County Thomas Covrsey. 

Signed p Order 
C Lomax Clk Assembly. 
This Board doe agree to the same. 

Then was Read the following Paper Viz' 



By the Burgesses of Assembly October i6 lh 1694. 

Haveing Laid before us his Maj ts Lett' beareing Date the 
11 th day of October 1692: Relateing to the preservacon & 
assistance of their Ma ,s Collony of New Yorke & Albanie w' h 
a Certaine Quota of Men & Money w Ih a former Lett r Scheme 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 97 

& also a Late Lett r from his Ex ncy Coll Benjamin ffletcher Original 
Govern' of that place w th a New Scheme & Examinacon of the J° urnal - 
Maquass Indian togeth r w ,h a Small Treatice in print Relate- 
ing to Severall consultations lately had with the Northern 
Indians all which this house haveing duely weighed & Con- 
sidered in answer to w ch wee say that the great vnavoidable & 
Continuall Charges ocasioned hereby the Late Revolvtion & 
the vast Sumes of money Expended by our severall Agents in 
England out of the publick Revenue of this Province, Together 
w ,h the vast Sumes of Money & Tobacco in Arreares w ch are 
now come to be paid Besides the Continuall Charge of sev- 
erall Troopes constantly kept out for the security of our 
ffrontier Plantacons these with other Like Circumstances doe 
Incapacitate us to Yeild any Supply or Assistance to the said 
Governm' of New Yorke & Albanie at this Juncture and as to p. 80 
the Severall Articles Contained in the said Treatise Relateing 
to the Covenant Chaine renewed in which wee finde our Selves 
together w lh the Severall Collonies included for which wee 
Returne our hearty Thankes & shall Ever Esteeme it both 
our Duty & Intrest upon all Occasions to use our utmost 
Endeavour for the preservation Safetie and Well faire of all 
their Maj' s Subjects w ,h in these their Ma ts Territoryes of 
America & More Especially for those to whome wee acknowl- 
edge our Selves soe signally and highly Obleidged. 

Signed p Order 
C Lomax Clk Assembly. 

The Hon ble Covncill being very Sencible of the afore Repre- 
sentation made by the house of Delegates doe concurr w' h 
them therein. 

Then Read the following Message of Thankes given by the 
House to his Ex ncy . Viz' 



By the Burgesses of Assembly Octob r i8' h 1694 

R' Excellent S r 

And Right Worthy to bee soe 

Haveing according to our hopefull Expectacons: at the 
begining of this Sessions found the Verity thereof by your 
Noble & worthy deeds for their Ma 1 " Service & our well being 
and happynes ; Wee cannot without beeing wanting to our 
Selves faile in Returning you the Small Tribute of our most 
humble thankes ; 

To particularise the Signall & many generous offers of your 
Ex nc '" for their said Ma ,s Service & our Well fare as afd would 
Swell this beyond its proper Magnitude your pious Endeav- 
ours for propogation of the Gospell and Protestant Religion & 



98 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 



Original 



p. 81 



Instruction of youth here, Your Indifattigable care & paines 
for Security & Defence of this Province your noble and Gen- 
erous Treatment and Assistance to us & Candid Interpreta- 
cons of what wee Loyally and Affectionately intended deserves 
better words Then wee have to Express our selves by 

Let this Noble S r at present be accepted that wee are truely 
Sencible of the Same and shall not bee wanting in due 
acknowledgments at all times Beseeching you still to retayne 
us in your good opinion and to Use your Intrest with their 
Sacred Ma ts to give their gratious assent and grant for those 
good things w ch by your Ex ncycs happy & good Advice wee 
have presumed to Petition their Ma ts for, for propogation of 
ffree Schooles in your Ma ts Province of Maryland 

Signed *p Ord r 
C Lomax Clk Assembly. 

The Hon b,e their Maj ,s Covncill doe agree to and Joyne with 
the house of Burgesses in the said Message of Thankes to his 

Ex ncy 



An Acep' of the Guifts of 
house for & Towards the bui 
follows Viz' 

'tob 

M r Speaker 2000 

M r John Watson 800 

Cap' Tho. Waughop 800 

M' Kenelm Cheseldyn 4000 

M r Rob' Mason 1000 

M r Philip Clarke 2000 

Cap' John Bayne 2000 

M r Hans Hanson 1000 

M r John Hinson 800 

M r William ffrisby 1000 

M r Thomas Smith 1000 

Cap' John Hammond 2000 

M r James Sanders 800 

Maj r Edward Dorsey 2000 

Cap' Richard Hill 4000 

M r Thomas Greenfield 1 200 

M r ffrancis Hutchins 800 

M r George Lingan 800 

M r Henry Hawkins 1000 
Maj r James Smallwood 800 

Cap' W m Dent 2000 

M r W m Hutchinson 1000 

M r Edward Bothby 1200 



the severall Burgesses of the 
lding the free Schoole are as 



M r ffrancis Watkins 
Cap' James Maxwell 
M r John ffevey 
Coll Henry Corsey 
M r Thomas Smithson 
Cap' \V m Whittington 
M r Mat Scarbourrough 
M r Tho: Dickson 
M r John Bozman 
M r Henry Hooper 
M r Thomas Hicks 
M r John Pollard 
M r Thomas Ennalls 
Coll Sn' Leger Codd 
Coll W m Perrie 
Cap' John Thompson 
Coll Casparrus Herman 
Cap' George Thompson 
gave Maj r Hammond 
a guinny peice of Gold 
M r Thomas Tasker 
M r Nicholas Lowe 



'tob 
800 
800 
800 

3000 
800 

1000 

1000 
400 
400 
800 
800 
800 

1200 
800 
400 
800 



500 
200 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 99 

His Exc y proposes to the Board to what time & in what Origi: 
manner the Assembly shall be Adjourned & with all tells them J ^," 
that he does believe till the Last of ffeb ry may be a proper 
time but that he will acquaint them if there be a Case of 
Necessity to call them before that time he shall call them 
together by his Proclamation, which the Councill did thinke to 
be very proper. 

The Hon ble S r Thomas Laurence Secretary does propose in 
Councill the Hon blc Thomas Brooke Esq r to be his Deputy 
Secretary & Notary publick dureing his absence out of the 
Province, The which the said Esq r Brookes (after some excuse 
made) did Accept of. 

It is Represented to his Ex" cy in Councill that the Laws 
upon passing never used to be againe Read over save onely 
the heads of the Same. 

Coll. Addison & Cap' Courts sent Downe to the house of 
Burgesses to Require them to Come up to the Covncill Cham- 
ber to see the Laws (which have been Assented to by their 
Ma ts Hon ble Councill & their house) passed by his Excellency 
whoe accordingly appeare. 

M r Speaker present the Body of Laws assented to by the 
house of Delegates and their Sacred Ma ts Hon ble Covncill for 
his Ex ncy allowance. 

M r Speaker Reads to his Ex ncie the titles of the Severall 
aforementioned Acts Assented to as afd, Together w th an Act 
for the Assessm' of 1062928 pounds of Tobacco upon the 
Inhabitants of this Province for defraying the publick Charge 
thereof, likewise assented to. 



October i8 ,h 1694. 

Came before the Hon 1,le S r Thomas Laurence Baron' & Coll 
Nicholas Greenberry two of their Ma" Justices of the Prov" 
Court Charles Carroll And John Evans Gent, whoe did in the 
p'sence of the Gen" Assembly Undertake Body for Body that 
William Burly & George Mason prisoners under sentence of 
Death for the murther of M r John Payne, shall appeare & be 
forth coming to stand & abide his Sacred Ma ts Determination 
when soever they shall be thereunto Required by his En cic the 
Govern' w lb which they both declared themselves Contented 

The Laws passed the Seale & are thus Endorsed. Viz' On 
behalfe of their Ma" King William & Queen Mary. 
I will these to be Laws 

ffr. Nicholson 

Then his Ex ncy was pleased to tell them that in the first place p. 83 
he did on their Ma" behalfe thank them for their care & 



ioo Assembly Proceedings, Sept. 10-Oct. 18, 1694. 

Original Zeale in promoteing the worship of God & their Ma ,s Intrest 
journal, ^y ma keing such Laws as he hoped would be for the Gen" 
good & Safety of this their Ma ,s Province. 

And he further recomended it to them that they should 
according to their respective Stations & places see them care- 
fully put in Execution. He also thankes them for their Many 
favourable & kind Expressions towards himselfe telling them 
that he had done no more than what he thought he was obliged 
to doe both in Conscience & Duty, and that he should always 
endeavour to be serviceable both to their Ma ts & this their 
Province to the utmost of his Power. 

Afterwards his Ex ncy was pleased to declare his Resolution 
of Adjourning the Assembly to the last day of ffeb ry next 
insueing, w th all acquainting them that if their should be Occa- 
tion for their Sitting at that time he would issue out his Procla- 
macon to give Notice thereof otherwise it would be only 
requisite a Sufficient Number should meet to adjourne the 
house, And soe his Ex ncy Ordered the Speaker to repaire to 
the house and Adjourne it accordingly & the said Assembly 
was Adjourned to the last day of ffeb ry next insueing 
Hen: Denton 

CI Concil in Assembly. 

Lib. l. l. 2. Maryland ss. 

p ' 52 Att an Assembly held att the City of S' Mary's The Twenty 
first day of September in the sixth year of the reigne of our 
Sovereigne Lord and Lady William and Mary by the Grace 
of God of England Scottland France and Ireland King and 
Queen Defenders of the faith &c. Anoq Dni 1694. ffrancis 
Nicholson Esq r Chief Governo r 

An Act for the Incouragment of Learning and Advance- 
ment of the natives of this Province. 

Forasmuch as th l it hath frequently happened That persons 
Comeing into this your Maties Province of Maryland either 
out of necessity or hopes of Advancement have been intro- 
duced into the Chiefe places and Offices of Trust and profitt 
upon Private recommendation or particular promise before 
hand made by such person or persons in whose power and 
Authority the disposetng of and preferring of and to such 
places and Offices of Trust and profitt aforesaid did remain to 
the great disincouragem' of those persons that are qualifyed 
for the Execution of any the said places and offices aforesaid 
who being Inhabitants thereof have att all times as occasion 
require adventured their lives and fortunes for the Defence of 
this your Maties Dominion against all Domestick insurrec- 
tions. Indian incursions That have hitherto been made or 
Attempted to be made to their no Small Charge and Expence 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 101 

Therefore we your Maties most humble and most Loyall Sub- Lib.: 
jects do humbly pray That it may be Enacted And Be it p - 53 
enacted by the King and Queen's most Excellent Maty's by 
and with the advice and Consent of this present Generall 
Assembly and the Authority of the same That from and after 
the publication hereof no person or persons whatsoever Come- 
ing into this Province and who have not made it their Seat of 
Residence for the full Space and time of three years shall have 
hould possess or enjoy any place or Office of Trust or Profitt 
within the same either by himselfe or Deputy Except such 
person or persons as shall have your Maties Imediate Comis- 
sion for any such place or Office aforesaid as also such person 
or persons now possest of any such places or Offices as afore- 
said, But that all and every your Maties Principall Officers 
within this Province haveing Power preheminence or Authority 
by Virtue of any Corhission from Your most Sacred Maties to 
him or them Granted to dispose of any such Offices or places 
as aforesaid may upon Vacancy of any Place or Office whereof 
they have right to dispose or to preferr any person or persons 
thereunto obliged to make Choice of such person or persons 
as they shall think most Worthy and Capable of Executing of 
such place or Office as aforesaid out of the Inhabitants of this 
your Maties Province and who have been Resident therein for 
and Dureing die time and terme aforesaid (Except before 
Excepted) any Custom or usage to the Contrary notwith- 
standing And be it further enacted by the Authority afore- 
said That no person or persons whatsoever haveing Your 
Most Sacred Maties Comission to Exercise any Office within 
this Province shall be obliged Actually to Inhabitt within this 
Province and Exercise the same in his own proper person 
and not by any Deputy or Deputys. 

An Act prohibiting all Masters of Ships and Vessells or any P . 54 
other person from Conveying or Transporting any person or 
persons out of this Province without passes. 

Be it enacted by the King and Queens most Excellent 
Maties by and with the advice and Consent of this present 
Gen" Assembly and the Authority of the same That from and 
after the publication hereof any person or persons whatsoever 
Intending to depart this Province shall first give notice of his 
her or their Intended Departure by setting up his her or their 
name or names att the Secretarys Office the full Space of three 
months that if in the time aforesaid no person shall under- 
write the said Person or Persons so setting up his her or their 
respective name or names as aforesaid, It shall then be Law full 
for the Governo r Keeper of the great Seale or Secretary of 
this Province for the time being to Signe a pass to any Person 



102 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Lib. l. l. z. or Persons to Depart this Province for which Pass the party 
shall pay to the Person signing the same the Sume of Two 
shillings and six pence Sterling and if any person or persons 
upon any suddain or Emergent occasion are necessiated to 
Depart this Province not haveing sett up his her or their 
name or names att the Secretarys Office aforesaid then such 
person or persons giveing good and sufficient security to the 
Governor Keeper of the Great Seale or Secretary to discharge 
and pay all Debts and Accounts whatsoever due and owing, 
from the s d persons to any of the Inhabitants then the said 
person or persons so Departing may have a Pass as aforesaid 
P- 55 And be it further Enacted that any Master of Ships or Ves- 
sells or other person whatsoever that shall Transporte or Con- 
vey out of this Province by Land or Water any ffreeman being 
indebted by Bill Bond Accompt or otherwise to any Inhabi- 
tant thereof without such pass under the hand of the Gov- 
ernor, Chancellor or Secretary aforesaid shall be lyable to 
satisfy all such Debts Engagements and Damages to the 
person or persons to whom such Debt or Damages respec- 
tively shall be due within this Province Except the same be 
otherwise Satisfyed or that the Transporter or Conveyor away 
of such person or persons procure such person or persons to 
returne againe in one month after whereby he may be lyable 
to Justice here and every such person as aforesaid as shall 
Transporte or Convey away out of this Province any Servant 
or Servants being Servants here by Condition for wages 
Indenture or Custom of the Country shall be lyable for to pay 
and Satisfy unto the Master or Owner of such Servant or Ser- 
vants so Carried away all such Damages as he or they shall 
make appear to be Justly due to such Master or Owner for 
want of such Servant or Servants as the Court before whom 
such Cause shall be tryed shall think fitt, and whereas severall 
ill minded people inhabiting and residing att the head of the 
Bay have Customarily sett persons over the head of the Bay 
and Susquehannah River being either ffelons Debtors or run- 
away Servants from the more remoter parts of this Province 
for some small Advantage they haveing in buying or getting 
P . 56 such money Goods or Apparell by them feloniously purloyned 
from their Masters and other Owners by which means they 
may have easy Access to another Governm' in reterdation of 
Justice and to the great Damage of such Creditors Masters or 
Owners aforesaid Be it therefore Enacted by the Authority 
aforesaid by and with the Advice and Consent aforesaid That 
from and after the publication hereof no person or persons 
Inhabiting or being att the head of the Bay or in any other 
part of this Province shall Transporte or Convey or Cause to 
be Transported or Conveyed any person or persons over 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 103 

Susquehannah River aforesaid or any other Part of the Bay 1 
above the North side of Sassafras River on the Eastern side 
of the Bay not haveing Passes so procured as aforesaid or a 
Certificate from under the hands of Two Justices of the Peace 
of that County where such person or persons intending to 
Travell shall Inhabit and the County Seale affixed thereunto 
Certifying the ffreedom of such persons and that he she or 
they are Clear to the best of their knowledge from any 
Engagements Impediting their Travelling as afores d on Pen- 
alty of Answering all such Debts or Damages to Creditors 
Masters or other Owners of Servants to be recovered as by 
this Law is Provided against such as shall Actually sett them 
out of this Province any Matter or thing herein Conteined to 
the Contrary Notwithstanding. 

An Act Confirming and makeing Valid the last Will and 
Testament of Augustine Herman late of Cecill County Gent: 
as it now Stands Recorded in the Commissary Generalls 
Office of this Province 

Whereas The Last Will and Testament of Augustine Her- 1 
man late of Cecill County Gent. Deceased duely proved and 
Entred upon Record in the Cofhissary Generalls Office in this 
Province in Year of our Lord God one Thousand six hundred 
ninety and one upon Search for the same was found to be 
Imbezelled feloniously purloyned taken Carried and Con- 
veyed away out of the said Office so that no such Record 
remained thereof And Whereas upon the Petition of Mathias 
Vanderhayden of Cecill County Gent a Copy of the said Will 
proved to be in Effect a true Copy thereof was by the last 
Generall Assembly of this Province ordered to be Entered 
upon Record in the said Office And the Petitioner M r Mathias 
Vanderhayden refferred to petition the next Assembly for Con- 
firmation thereof Be it Enacted by the King and Queen's 
most Excellent Maties by and with the Advice and Consent of 
this present Generall Assembly and the Authority of the same 
That the said Will so proved and Entered upon record as 
aforesaid shall and is hereby Deemed and taken to be as 
Sufficient and Valid and in as full force power Effect and 
Virtue as if the same Really & bona fide were the Prime 
Originall record of the aforesaid Will and shall Extend and 
enure to all and every the Effects and purposes therein and 
thereby declared any Law Statute or usage to the Contrary in 
any wise notwithstanding. 

An Act for the Naturalization of Peter Ferdinando and his 
Children, of Andrew Imbert, Claudius Dutitree Gerardus 
Missells and James his Son, Abraham Ambrose Lewis Dee 



104 Assembly Proceedings, Sept, 20-OcL 18, 1694. 

l. 2. Kock Brune John de Vagha Herman van Burkelo Nicholas de 
lamontaigne Hendrick Sluyter and Jacob Sluiter Junior 

p. sS Be it enacted by the King and Queen's most Excellent 
Maties by and with the Advice and Consent of this present 
Generall Assembly and the Authority of the same That Peter 
Ferdinando, Winifrid, Elizabeth, Mary, and Ann Daughters of 
the said Peter Andrew Imbert, Claudius Dutitree, Gerardus 
Wessells and James his son, Abraham Ambros and Abraham 
his sonn Lewis deKock Brune John de Vagha Herman Van 
Burkelo Nicholas de la Montagne Hendrick Sluyiter and 
Jacob Sluyter Junior and all and every of them shall from 
henceforth be adjudged reputed and taken as naturall borne 
People of this Province And th' they and every of them by the 
Authority aforesaid be Enabled and adjudged to all Intents 
and Purposes to Demand Challenge ask have hold and enjoy 
any Lands Tenements Rents and Hereditaments to which 
they might in any wise be Intituled as if they were free and 
naturall borne People and Subjects & also that they and every 
of them shall and may be Enabled to prosecute maintaine and 
avow and Justify and Defend all maner of Actions suits pleas 
plaints and other Demands whatsoever as liberally, ffrankly 
ffreely fully Lawfully and securely as if they and every of them 
had been naturall borne people or Subjects any Law Statute 
usage or Custom to the Contrary in any wise notwithstanding. 

An Act touching Coopers and the Gage of Tobbaco Hogs- 
heads 

Be it Enacted by the King and Queen's most Excell' Maties 
by and with the Advice and Consent of this present Generall 
Assembly and the Authority of the same That all Tobbacco 
P . 59 hogsheads that shall hereafter be made within this Province 
shall be of the seize of fourty eight inches in length and thirty 
Two inches in the head and not under the size of fourty six 
inches in length and Thirty one inches in the head And That 
what Cooper or Coopers or other person or persons That 
shall make Tobbacco Hogsheads and do not observe the 
Gage aforesaid shall forfeitt the s d Cask and upon Complaint 
thereof made the matter of fact being proved by two good and 
Sufficient Evidences it shall and may be Lawfull for the Jus- 
tices of that respective County Court where such person or 
persons do inhabit to give Judgem' thereupon to the party or 
partys grieved and That any Cooper or Coopers person or 
persons whatsoever that shall agree with any the Inhabitants 
of this Province and undertake with him or them to sett up or 
make his or their Tobbacco Hogsheads and Casques shall and 
are hereby Enjoyned to sett up and finish one halfe of the 
said Tobbacco Hogsheads and Casks by the Tenth day of 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 105 

October next Ensueing the undertakeing the makeing of such Lib. l. l. 
Tobbacco Hogsheads and Casks as aforesaid and the other 
Moiety or halfe part of the said Tobbacco Hogsheads and 
Casks to sett up and finish by or before the Tenth day of 
December next Ensueing such Contract as aforesaid, And if 
any Cooper or Coopers person or persons whatsoever within 
this Province so agreeing and undertakeing the same as afore- 
said shall Willfully or otherwise neglect to make sett up Corn- 
pleat and finish the said Tobbacco Hogsheads and Cask afore- 
said according to such Gage & by such time as aforesaid he 
shall forfeit the sum of one hundred pounds of Tobacco for 
every Ton of Casque and Tobb° hogsheads left att the time 
and times aforesaid unmade sett up or unfinished to be 
recovered in the Severall and respective County Courts where p- 6o 
the party or partys Cooper or Coopers do att that time 
Dwell or reside unlest the Cooper or Coopers person or 
persons agreeing or undertakeing the said or Task aforesaid 
shall or can before the Comissioners of such County Court 
make it Sufficiently Appear that he was hindered in perform- 
ing the said Agreement by sickness or some other Lawfull 
Impediment which plea shall be adjudged of by the said Com- 
issioners of the severall and respective Countys, af d 

And be it also enacted by the Authority aforesaid by and 
with the Advice and Consent aforesaid That from and after 
the Publication hereof all Merchants Traders Planters and 
other Inhabitants of this Province makeing any Crop of Tob- 
bacco shall Provide and Cause to be fallen and Sawed by the 
last day of Aprill by the furthest every year respectively all 
such Timber as he Intended or Allotted for the makeing 
Tobb Hogsheads to the Intent the same may be well 
seasoned under the penalty of one hundred pounds of Tobbacco 
for every hogshead he or they shall have sett up or made of 
any other Timber then what shall be seasoned as aforesaid 
one halfe to our Sovereigne Lord and Lady the King and 
Queen their heires or Successors for the Support of this Gov- 
ernment the other halfe to him or them That shall sue for the 
same to be recovered in any Court of Record within this Pro- 
vince wherein no Essoyne protection or Wager of Law to be 
Allowed And be it further Enacted by the Authority afore- 
said by and with the Advice & Consent aforesaid That no 
Tobbacco Hogsheads nor Casques for Tobbacco shall be set P . 01 
up or made by any Cooper or Coopers w'soever of any other 
limber then what is herein before provided and the same to 
be hewn and Riven into Staves and heading by the last day of 
July in every year respectively and that such Cooper Coopers 
or other persons undertaking to sett up such Tobbacco hogs- 
heads as aforesaid do att the Compleating and finishing of the 



io8 Assembly Proceedings, Sept. 20-Od. 18, 1694. 

Lib. l. l. 2. Nicholson Esq r and Absence of the said Lyonel Copley Esq r 
neither doth the Proclamation afores d of the said S r Edmund 
Andross Agree with the said Comission in reciteing that his 
Access to the Government was by the Death or Absence of 
the s d Francis Nicholson Esq r which in the said Comission is 
Expressly Confined to the Death of the said Francis Nichol- 
son and not Absence neither did the said S r Edmund Andros 
take such Oath for observing of a Certein Act of Parliament 
made in the Twelfth year of King Charles the seconds reigne 
p- 65 of blessed memory Intituled an Act for the Incouraging and 
encreasing of Shipping and Navigation before his Entrance 
into the Government afores d as by the said Statute is 
Comanded enjoyned and required of all Governors and 
Comanders in Chiefe of any their Maties Lands, Islands Plan- 
tations, and Territorys nor Administer or Direct the same to 
be Administred to Colonell Nicholas Greenbury by him left as 
President nor S r Thomas Lawrence att his next Comeing and 
because also that by the Access of the said S r Edmund Andros 
to the s d Government by his Authority Diverse Acts and 
Actions Judiciall & Civill have been done Executed and per- 
formed in Courts of Records & otherwise in this Province 
which for the reasons afores d appear precautious and Doubt- 
full in tender Contemplation whereof and for the ease and 
quiett Peace and Settlement of your Maties most Loyall and 
Dutifull Subjects of this your Maties Province They humbly 
pray and beseech your Royall Maties That it may be Enacted 
And be it enacted by your Sacred Maties by and with the 
advice and Consent of this p r sent Generall Assembly and by 
the Authority of the same That all maner of Actions Suites 
Causes and all proceedings in all & every their Maties Courts 
within this Province either by holding setting Adjourning 
Continueing or other Proceeding to hearing and Determining 
any Suite, Action Motion Petition or other Matter whatsoever 
shall be had taken accepted & reputed as Valid in Law or 
Equity and of Absolute force Efficacy & strength in Law to 
p. 66 all Intents purposes and Constructions as any other Judiciall 
proceedings by any other of their Maties more ample Cofnis- 
sions for the due Government of this Province heretofore 
Granted and all and every Officer and Minister Civill or 
Military in this their Maties Province shall and are hereby 
Confirmed Established and ratifyed for in or by reason of any 
Legall Acting & proceeding in their Severall and respective 
Offices places and Stations from the time of the Access of the 
said S r Edmund Andros Kn' to his Excellencys the present 
Governor Francis Nicholson Esq r his Arrivall and takeing the 
Government upon him any Clause Imperfection or want of 
Authority in or to the said S r Edmund Andros or the Comis- 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 109 

sion afores d to the said S r Edmund Andros notwithstanding Lib. l. l. 
Provided That nothing in this Act be taken and Construed to 
Justifye S r Edmund Andros his takeing and disposeing the 
publick Revenues for the Supporte of the Governm' of this 
Province or Debarr the Assembly or any person whatsoever 
of their right or Claims to the same which he took. 

An Act Ascerteining the Expences of the Delegates of 
Assembly and Comissioners of the Provinciall & County 
Courts. 

For the Ascerteining Limitting and Allowing unto the p- 67 
severall and respective Deputys and Delegates that serve or 
shall serve in the Generall Assemblys of this Province and of 
the severall and respective Comissioners of the Provinciall and 
County Courts of this Province such Sume and Sums of 
Tobbacco as is hereby thought necessary and Sufficient for the 
Defraying their Charges in Attending such Assemblys and 
Courts as aforesaid 

Be it Enacted by the King and Queens most Excell' Maties 
by and with the Advice and Consent of this present Generall 
Assembly and the Authority of the same That all such Dele- 
gates & Burgesses of Assembly shall be allowed the Sume of 
one hundred and fourty pounds of Tobbacco a Day dureing 
the time they shall Attend such Assemblys and no more 
(beside theire Itinerent Charges) to be paid and Allowed them 
out of the Publick Leavys of this Province And the Severall 
and respective Comissioners of the Provinciall Courts for the 
Defraying their Charges & Expences dureing the time they 
shall sitt in and Attend such Courts the Sume of one hundred 
and fourty pounds of Tobbacco rp Day and no more beside 
their Itinerant Charges to be paid them likewise out of the 
publick leavy of this Province as afores d and the Severall 
Com rs of the County Courts shall be Allowed for the Defray- 
ing of their Expences dureing the time they shall attend such 
Courts as aforesaid the sume of Eighty pounds of Tobbacco 
per Day and no more which sume of Eighty pounds of 
Tobbacco as aforesaid the said Com" of the County Courts are 
hereby Impowered to Assess and leavy where such Comis- 
sioners shall serve as aforesaid for Defraying the Expences p. 6S 
afores ri and no more Provided allways and it is the true intent 
and meaning of this Act That where any Justices of any 
County Court being a full Court or above the number of 
Seaven shall agree together in Court Sitting and Consent to 
lessen any Allowance hereby Given or if it be to take the same 
Totally off, it shall and may be Lawfull to such full Court to 
lessen and take off any part of the Allowance hereby given 
and settled to the Comissioners of the said County Courts and 



112 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Lib. l. l. 2. the said Comissioners which Jury upon their Oaths to be 
Administred by the said Com rs are to inquire & Assess such 
Damages and Recompence as they shall think fitt to be 

p. 72 awarded to the Owners and all persons Interrested according 
to their Severall and respective Interrests in the said Land or 
any part thereof and what sume of Tobbacco the said Jury 
shall adjudge the said Land to be worth shall be paid to the 
said Owners and persons Interrested by such person or 
persons as shall take up the s d respective Lott or Lotts pro- 
portionably thereunto and the said Comiss rs or the Major part 
of them are hereby Impowered by respective Warrants under 
their hands and Seals to sumons the Surveyor Generall or the 
Surveyor of the County to Survey and lay out the said one 
hundred Acres in the places aforementioned in maner and 
forme aforesaid to be marked and Staked out as aforesaid and 
when the same is so Surveyed and laid out as aforesaid and 
Valued as aforesaid That then whosoever shall make Choice 
of any such Lott as aforesaid and make Entry thereof before 
and with the officer or person as by the Comissioners shall be 
appointed to keep the Book for Entry of the same and pay 
such Sume or quantity of Tobbacco as shall by the discretion 
of the Comissioners be rated upon such Lott and payable to 
the Owner of such Land and on Such Lott shall build one 
Twenty foot Square Dwelling house att least within twelve 
months after takeing up the same unless such building be 
larger then herein Expressed shall by Virtue thereof and of 
the building and finishing as afores d invest the taker up and 
builder as aforesaid with an Estate of Inheritance in the said 

p- 73 Lott to him his heires and Assignes for ever and be a per- 
petuall Barr to the Owners and persons Interrested in the said 
Lands either within or without this Province even against his 
Lordship the Right Honorable Charles Lord Barron of Balte- 
more Lord Proprietary of this Province his heires and Suc- 
cessors Yielding and paying to the s d Lord Proprietary and 
his Successors forever the yearly Rent of one peny Currant 
money for each respective Lott as afores d And that the Sur- 
veyor of each Town and Porte as aforesaid shall have and 
receive such ffees and rewards for laying out and Stakeing the 
Towns and Lotts as afores d as the said Comission rs shall 
Allow and settle and no more And any person or persons that 
shall build and Inhabit in such Porte or Town and shall owe 
any Sum or Sums of Tobb° and will pay the same in such 
Town as he shall be Allowed Ten p Cent for every hogshead 
of four hundred weight and upwards so paid in Towns to be 
deducted out of the Debt aforesaid or pleadable in barr of the 
Creditor And be it further Enacted by Authority aforesaid 
by and with the advice and Consent aforesaid That any person 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 113 

or persons That have heretofore taken up any Lott or Lotts in Lib. l. l. 
either of the Towns by Virtue of any former Law of this Pro- 
vince and built thereon according to the same former Law 
they and every of them their heires and Assigns shall have and 
enjoy a good sure Estate of Inheritance to them and their 
heires for ever under the Rents and Services herein mentioned 
and the Severall Lotts so built on shall be Deemed and taken p. 74 
as part of the one hundred Lotts as aforesaid and the same 
Town layd out as Conveniently thereto as may be And be it 
Enacted by the Authority aforesaid That att the Town and 
Porte of Seaverne in Ann Arundell County shall be bought or 
Valued by the Jury as before in this Act is mentioned all that 
parcell or neck of Land within Levey Neck Cove and Actons 
Cove lying and adjoyning or near to the Town Land as afore- 
said or so much thereof as by the Com rs shall be found Con- 
venient to be fenced in and Called the Town Common or 
Pasture and paid for and fenced in att the publick Charge and 
shall be for the publick use and Service when need shall 
require and that the Inhabitants of the said Towns shall not 
raise any Stock of Cattle or hoggs horses or Sheep more then 
what they Can Conteine and raise upon their respective Lott or 
Lotts and not more att the discretion of the Cofnissioners of 
The said Towns. 

An Act Impowtring Richard Bishop of Talbot County 
Brother and heire of William Bishop late of Talbott County 
deceased to sell and Dispose of so much Land as will Amount 
to fifty Thousand pounds of Tobbacco for the payment of the 
Charges Expended in recovering of the said Estate. 

Whereas William Bishop late of Talbott County Deceased 
did make his Last Will and Testament in Writeingand therein 
amongst Diverse Legacys and bequests did devise unto p. 75 
Richard Bishop senior and to Richard Bishop Junior and to 
William Bishop Severall Tracts of Lands to them and theire 
heires for ever Declaring that they should not alien any of the 
said Lands but that they should remaine Continue and be in 
the name of the Bishops for ever And whereas the said Richard 
Bishop after the decease of the said William his Brother did 
Come into this Country and Demanded all the said Lands in 
Right of himselfe and his Two Sons Richard and William 
Bishop but the Executors in the Will named did forceably 
hold deteine and keep out the said Bishop from all and every 
part and parcell of the said Land Contrary to the said Last 
Will and Testament and the said Richard in his own Right 
and the Right of his sons William and Richard Bishop did 
Comence his suite ag' the Executors for recovery of the said 
Lands and did pursue the same through the whole Course of 



H4 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

Lib. l. l. 2. the Common Law and from thence to the high Court of 
Chancery where the suite Ended and the said Bishop recov- 
ered all the said Lands and Appurtenances thereunto belong- 
ing in which suites he for Costs Charges ffees and Expences 
did Expend to the sufne of fifty thousand pounds of Tobbacco 
by the Long Continuance of the said Suites And whereas the 
said Richard and William his sons are now in England under 
age and whereas the Expences aforesaid were for himselfe and 
them Jointly Expended and for that the said Debt and 
Interrest of the same will before the said Children Come to 
Age Eat out the said Estate, he does therefore pray That it 
p. 76 may be Enacted and Be it Enacted by the King and Queens 
most Excell' Maties by and with the Advice and Consent of 
this Present Gen" Assembly and the Authority of the same 
That he the said Richard Bishop for the reasons aforesaid and 
for payment of the Debt aforesaid may be Impowered and 
Lawfully Authorized to Grant Bargain Sell Alien Enffeoff and 
Confirm to any person or persons That will purchace the 
same so much of the said Land as will amount to the said 
Sume of fifty Thousand pounds of Tobbacco upon any part 
thereof the Mann r house and Plantation Excepted & that the 
Sale be good and Valid in Law & indefeaseable in ffee simple 
against any person or persons whatsoever Provided That the 
Quantity that shall be alienated Exceed not above Eight 
hundred Acres there being no other way or Expedient that 
Can be found for paying the Debt as aforesaid and relief of 
him the s d Rich d Bishop and Discharging the Debt upon the 
said Lands as afores d acrued. 

An Act for Tonnage & Ascerteining Navall Officers ffees. 

Be it Enacted by the King and Queens most Excellent 
Maties by and with the Advice and Consent of this present 
Generall Assembly and the Authority of the same That the 
Severall and respective Master or Masters of all Ships or 
Vessells Tradeing and Coming into this Province of what 
p- 77 burthen soever shall att the time of Entring such Ships or 
Vessells as aforesaid pay unto the Governor of this Province 
for the time being three pence *p Ton for every Ton of Bur- 
then the said ship shall be of (all such Ships and Vessells as 
are bona fide built in and belonging to the people of this Pro- 
vince Excepted) or give good Caution to the Navall Officer 
with whom he or they shall Enter for the paym' thereof And 
it is hereby Enacted by the Authority aforesaid by and with 
the Advice and Consent aforesaid That the severall and 
respective Navall Officers of this Province within their Severall 
and respective Districts for the severall Acts and things relate- 
ing to his or their Office by him or them hereby enjoyned to 



Assembly Proceedings, Sept. 20-Oct. 18, 1694. 115 

be done shall have and receive the ffees hereafter mentioned Lib. l. l. 
and no more (to witt) for Entring any Ship or Vessell Come- 
ing and Tradeing into this Province being under the Burthen 
of one hundred Tons the Master thereof shall pay unto the 
respective Navall Officer with whom he shall Enter such Ship 
or Vessell as a ffee for Entring thereof the sume of five shill- 
ings sterling and no more and five shillings more for the 
Clearing thereof And if such Ship or Vessell shall be above 
the Burthen of one hundred Tons or of Two hundred Tons & 
upwards The Master for the Entry thereof shall pay the said 
Navall Officer as a ffee Ten shillings Sterling and Ten shill- 
ings for the Clearing thereof, And the said Navall Officers are 
hereby Obliged to Enter all ships or Vessells of what burthen 
soever of the buill of this Province and whereof the Owners p. 78 
do inhabit and reside within this Province the Sume of two 
shillings six pence sterling which is hereby allowed and Ascer- 
teined him as a fee therefore and for the sume of Two Shill- 
ings six pence shall Clear the same And be it further 
Enacted by the Authority aforesaid That all small Boats 
belonging to this Province and being under Eighteen foot by 
the Keele shall pass and repass without any Lett hinderance 
Molestacon or Seizure of the same (unless they shall Carry 
and have on board them prohibited Goods or Goods Lyable 
to pay Custom to their Maties not Cocquetted or Clearing 
for the same) without being obliged to take out permitts for 
such passing and repassing as aforesaid. And That the 
Masters of all Shallops and open Sloops tradeing within this 
Province do pay unto the severall Navall Officers or their 
Deputy or Deputys appointed for the Granting of Permitts 
the sume of Two shillings six pence Yearly & no more for the 
granting of such Permitts as aforesaid and shall give good 
Security to be taken by such Officer aforesaid in their Maties 
names That he or they shall and will duely observe the Acts 
of Trade & Navigation and other the good Laws of this Pro- 
vince relateing thereto And be it further Enacted That all 
and every Collector and Collectors of this Province shall have 
and receive such ffees for Entring and Clearing such Ships 
and Vessells as aforesaid as are above allowed to the Navall 
Officers and no more And That all Collectors and Navall 
Officers shall make a faire Table of all their ffees and hang P . 79 
them up in their Offices under the Penalty of fifty pounds 
Sterling to their Maties their heires and Successors for the 
Supporte of Government to be recovered in any Court of 
Record within this Province by Action of Debt Bill Plaint or 
Information wherein no Essoyne protection or Wager of Law 
shall be Allowed. 



n6 Assembly Proceedings, Sept. 20-Oct. 18, 1694. 

An Additional Act to the Act for Quieting of Possessions. 

Whereas att a Generall Assembly begun and held att S' 
Marys in the Province of Maryland the Twenty seaventh day 
of March in the nine and thirtieth year of the Dominion of 
Cecilius &c. Anoq Domini 1671 It was then and there 
amongst other things Enacted (Viz) An Act for Quieting Pos- 
sessions which Act did Assure and Confirme all Estates made 
by reall Purchacers of all Lands Tenements and hereditam' 5 
whatsoever before the day of the Date thereof and not after 
And whereas att a Generall Assembly held att the City of S' 
Marys the thirteenth day of Aprill in the Two & fourtieth 
year of the Dominion of Cecilius &c. Anoq Dni 1674 
Entituled an Act of Enrolling Conveyances and secureing the 
Estates of Reall Purchasers it was therein Conteined amongst 
other things Viz. That all That from thenceforth should pur- 
chase any Land of Inheritance should purchase the same by 
Deed Indented or other sure Deed and Enroll the same in the 
County where the Land lyeth or in the Provinciall Court or 
the Principal heads of the same Deed Clearly shewing and 
declareing the Maner how Lands should pass from man 
to man. And forasmuch as the same Law did not Provide for 
the Security of all those Titles That did pass from man to man 
from the Twenty Seaventh day of March one Thousand six 
hundred and Seaventy one untill the thirteenth day of Aprill 
in the Year of our Lord one thousand six hundred seaventy 
and four nor no other Law Extant for secureing those Titles 
being under the same Circumstances as those of one Thou- 
sand six hundred Seaventy & one Wee the Deputys and 
Delegates of this present Generall Assembly do pray that it 
may be Enacted And be it Enacted, by the King and Queens 
most Excellent Maties by and with the Advice & Consent of 
this Present Generall Assembly and the Authority of the same 
That the aforesaid Law Entituled An Act for Quieting of 
Possessions and all the Branches and Provisoes therein Con- 
teined be in full force and Virtue untill the thirteenth day of 
Aprill in the Year of our Lord one thousand six hundred 
Seaventy & four and not after. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND. 



At a Session held at Ami Arundell Town, 
February 28-Marc/t 1, 1694/5. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 

Governor. 



THE UPPER HOUSE. 



At a Councill in Assembly held at Ann Arundell Town in Original 
Ann Arrundell County the 28: day of Feb. in the Seaventh J° urnal - 
yeare of the Reign of our Sovereign Lord and Lady King 
William & Queen Mary Anno Dom 1694: By Adjournm' 
Second Session 

Present 

His Ex ncy Francis Nicholson Esq r 

J Coll George Robothaml 

The hon ble -J Coll Nich Greenberry V 

( Thomas Tench Esq' ) 

James Frisby Esq r ^ 

Edward Randolph Esq J 

His Ex ncy was pleased to send for the Attorneys in Town 
who accordingly appeared to whome he Expressed as follows, 
Viz' That the Assembly was Adjourned to this day, and that 
the Chief thing at present he had to Offer to them was that a 
Law might be prepared to help the defect of Sn' Maries 
County Court falling otherwise it was Represented the 
County would be damnifyed at least a hundred thousand 
pounds of Tobacco, therefore Willed them to prepare a Bill 
ready to present to the House of Burgesses pursuant thereto, 
who accordingly tooke leave and after some short space of 
time came again and presented a Bill drawn up to the said 
Effect. 

Came from the House of Burgesses, M r Cheseldyn, M r 
Smithson, Cap' Bayne and M r Clarke who Signifyed to his 
Ex ncy that the house was mett according to Adjournm' and 
desired to know if his Ex ncy had any thing to impart to 
the house, to whome his Ex ncy was pleased to say that they 
should have an Acco' presently, 

Went from this Board, the hon ble Coll George Robotham 
& James Frisby Esq r to acquaint the House his Ex ncy desires 
their Attendance here. 

They return again, together with the Speaker & house of 
Burgesses. 

His Ex ncy was pleased to acquaint them that he should not 
have given them any trouble to have stay'd at this time but 
that an Accident had happened in Sn' Maries County, Namely 
the fall of the said County Court which defect he recommended 



120 Assembly Proceedings, Feb. 2%-March 1,1694/5. 

Original unto them to be supplyed by a short Law for that purpose to 
joumai. cont j nue a jj process at that time depending before the said 
Court, acquainting them that the Attorneys had already pre- 
sented to the Councill a Draught of such a Bill which was 
given them by his Ex DCy together with Sev r all Qaeries put to 
the Attorneys by his Ex ncy and their Opinion upon the Same 
in relation thereto. 

In the next place was Recomended Unto them the prepar- 
ing another Bill for Reviving all such Laws as by this Sessions 
should now Terminate, And lastly that they would consider 
what time would be best to Adjourn to. 

M r Ennalls and M' Smithson come from the House of Bur- 
gesses with the following Bills Viz' 

Bill for recontinuing of the late discontinued Process & 
Proceedings of Sn l Maries County Court. 

Bill for Naturalization of Daniell Dauison Sen r and Daniell 
Dauison Jun r 

Bill for Reviving some Temporary Laws of this Province. 
The above Bills were all Read here first time & returned to 
the House. 

Petition of Charles Carroll Read as follows, Viz' 

To his Ex ncy Francis Nicholson Esq r Cap' Gen" and Govern r 
of Maryland in Councill 

The Humble Peticon of Charles Carroll 
Sheweth 

That your Pet r has purchased from Elizabeth Baker of Sn l 
Maries County a certain Messuage in Sn' Maries City com- 
monly known by the name of the Countrey house which said 
Messuage was Leased to John Baker the husband of the said 
Elizabeth for the Terme of Twenty ffive years (which said 
Terme is now within Eight years of being expired) by Govern" 
Notley, vnder the yearly Rent of one Bushell of Wheat. 

That the said John Baker in his life time and the said Eliza- 
beth since his death has expended above thirty thousand 
pounds of Tobacco in making Brick walls and Chimneys & 
other Reparations about the said house in Expectation of a 
Renewall of the said Lease for a longer time, according to 
promises made by the Respective Govern" of this Province at 
severall times, the benefit of which promises together with the 
whole remaining intrest of the said Lease is Assigned to y r 
Pet r 

That one side of the said house and the whole covering is 
now quite decayed and unless speedily Repaired will fall to 
the Ground, to prevent which your Petitioner intends to make 



Assembly Proceedings, Feb. 28-Marck 1, 1694/5. I21 

all the walls of the said house of Brick and new cover the original 
same, which will cost him above Twenty thousand pounds of J ournal - 
Tobacco but when done the said house will be capable of 
Entertaining most of the Suito rs to the County Court. 

Wherefore your Pet r most humbly prayes that in as much 
as your Ex ncy is the trustee of the Countrey in such Matters & 
that the said house has been heretofore alwayes Leased by the 
Govern" of this Province that your Ex ncy would please as well 
in consideration of the former Expences made by the said 
John and Elizabeth about the Repaires of the said house, as of 
the your Pet r intends to be at about the said house, to 

add to the remaining time Five and Twenty years more or as 
many as to your in your wisdom shall think fit whereby 

your Pet r may be encouraged to goe on, with the said Repara- 
tions. 

And as in Duty bound he Will pray 

Cha. Carroll. 

The said Peticon was sent to the house with the following 
Message indorsed, Viz' 

By his Ex ncy the Govern 1 & Councill & ca 
ffeb r >- 28 th 1694. 
This Board does think fit to Grant & allow the prayer of 
the Pet r if the House of Burgesses Agree thereto. 
Signed p Order 

Hen Denton CI Concil. 

The said Peticon was returned again to this Board with the 
following Message indorsed, Viz' 

By the Burgesses of Assembly, February 28 th 1694. 
The house doth think fit to make the Eight years one and 
Twenty and the Pet r to have a Lease for the said Terme of 
time Provided he Repaire the said House as is in his Petition 
mentioned and at the Expiration of the Terme of Time to 
leave the Same in Repaire &" 

C Lomax Clk Assembly 

March [" 1694: 

Agreed to by the Covncill and that his Ex"' y give a Lease 
accordingly Hen Denton CI Concil. 

Bill for recontinuing & ca Proceedings of Sn 1 Maries County 
Court. 



122 Assembly Proceedings, Feb. 2%-Marck i, 1694/5. 

Original Bill for Naturalizacon of Dan" Dauison Sen r & Dan" 
journal. Dauisonjun' 

Bill for reviving some Temporary Laws of this Province. 
The said Three Bills being again brought from the house 
were Read here a Second time and so returned. 

The said Three Bills being again Brought from the house 
were read here a Third time and so returned in Order to be 
fairly Engrossed. 

The following Memorandum of Proposalls by Order taken 
and delivered to M r Speaker by the Clarke of this Board, Viz 1 

To Speake to M r Speaker where the Records shall be kept. 

To see about the Clay cast up for the Bricks, whether it be 
good or no. 

The Speaker and Burgesses to see how the Town is laid 
out, and whether they like the Manner of it. 

To know what is to be done with the loose papers left 
behind and the Commissaries Records when to be Removed. 

To fill up the Number of Surveyors not yet Deputed. 

Answer of the house to the same returned as follows, Viz' 



By the Burgesses of Assembly March the I st 1694: 

In Answer to severall proposalls sent by his Ex ncy the 
Govern" & Councill to the house & ca 

To Speake to the Speaker where the Records shall be kept. 

Voted that the Records be kept in Maj r Dorsey's house 
where they are lodged at present Untill the next Sessions of 
Assembly. 

To see about the Clay cast up for the Bricks Whether it 
be good or no. 

Voted that the whole house View the Same. 

The Speaker and Burgesses to see how the Town is Laid 
out, and whether they like the Manner of it. 

M r Richard Beard the Surveyo r being called into the house 
and the Plott of the Town being by M r Speaker Demanded of 
him the said Beard saith that for want of some Large Paper to 
draw the same on, it is not yet done ; the house therefore 
cannot give any Answer to the Same. 

To know what is to be done with the loose papers left 
behind, and the Commissaries Records when to be Removed. 

Voted that his Ex ncy appoint such persons as he shall think 
fit to Inspect into the Bonds and Bookes belonging to the 
Cofnissaries Office and that they be conveyed to Ann Arrun- 
dell Town by the Next Session of Assembly ; and that the 



Assembly Proceedings, Feb. 28- March 1, 1694/5. I2 3 

loose papers left at Sn' Maries in the Secretarys Office be well oh 
Secured and Conveyed to Ann Arrundell Town by the Next J ou 
Sessions of Assembly and to be secured with the Rest of the 
Records. 

To fill up the Number of Surveyors not yet Deputed. 

M r John Lowe Nominated by the house for Sn' Maries 
County 

M r Joseph Manning for Charles County. 

M r Solomon Wright in the Roome of M r W m Coursey for 
Talbot County 

M r Edward Green for Somerset County. 

Maj r Thomas Ennalls for Dorchester County. 

M r Thomas Coursey for Csecill County. 

True Copy C Lomax Clk Assembly. 

March first 1694: 
His Ex ncy & Councill Assent to the above Answer of the 
house of Burgesses and Order as it is hereby Ordered that 
the persons Sever ly appointed to Inspect the Secretaries 
Records, doe inspect the Commissaries Records Likewise and 
that they meet at Sn' Maries the ffifteenth day of Aprill next 
for the said End and purpose, and cause the same to be con- 
veyed on horse back in the same Baggs which the others 
were conveyed in together with the loose papers. 

Hen Denton CI Concil. 

March the first 1694: 
Council in Assembly again Sate and were 
Present 
His Ex ncy Francis Nicholson Esq r 
Coll Henry Jowles 
Coll John Addison 
Thomas Brooke Esq r 
James ffrisby Esq r 
Edward Randolph Esq r 
M r Speaker with the Rest of the house of Burgesses come 
and P r sent three Bills yesterday here Read fairly Engrossed, 
to be passed by his Ex ncy 

Afterwards Delivered by the Clark of the house, Coppyes 
of the following Votes. Viz' 

By the Burgesses of Assembly ffeb ry 2S' h 1694. 

Voted that what tobacco of the 40 1 Tob -p poll for and 

towards the Maintenance of Ministers or building of Churches 

in Talbot County that was not Collected and paid to the 

Vestrey men of the said County in the year 1693: and 



124 Assembly Proceedings, Feb. 2%-March i, 1694/5. 

Original Remaining in the hands of the Sherriffe of the said County be 
journal. R eservec } an( j Secured towards the Building of a Church at 
Oxford Town in the County aforesaid, & ca 

True Coppy C Lomax Clk Assembly. 

March first 1694: 
Assented to by his Ex ncy and Councill, 

Hen Denton CI. Condi. 

By the Burgesses of Assembly ffeb ry 28 th 1694. 

Voted that a Publick fferry be kept upon South River in 
Ann Arrundell County for the Carrying over of all persons 
that have any business here at Provinciall Courts and Assem- 
bles to be held at Ann Arrundell Towne In the County afd: 
And also that a Publick Ferry be kept over Severn River in 
the said County for the said End and purpose during the time 
of Provinciall Courts and holding of Assemblyes, and at other 
times haveing Business to do at any of the Offices to be kept 
there ; And that Cap' John Hamond and Maj r Edward Dorsey 
do agree with the persons concerned for the keeping of the 
said publick fferry's, as cheap as they can for the whole year, 
and to be paid out of the Publick Leavye. 

Voted that a Publick Ferry be kept upon Petuxant River in 
Calvert County some place about Mount Pleasant for the 
Carryeing over of all persons that have any business to do at 
Provinciall Courts & Assemblyes to be held at Ann Arrundell 
Town in Ann Arrundell County during the time of Assem- 
blyes and Prov" Co r ts, and at other times haveing any Busi- 
ness to do at the Severall Offices to be kept there ; And that 
M r Thomas Tasker & M r George Lingan do agree with the 
Persons concerned for the keeping of the said Publick fferry in 
Calvert County afd. for the whole year and the said Publick 
fferry to be settled at or near the place aforesaid Where they 
shall think most fit and Convenient for the same and to be 
paid out of the Publick Leavye. 

True Coppy C Lomax Clk Assembly. 

March first 1694: 
Assented to by his Excellency and Councill. 

Hen Denton Clk Concil. 

The three Engrossed Bills here presented being again Read 
were Signed by his Ex ncy and passed under the Broad Seale 
of the Province 

Then his Ex ncy acquainted them with his intent of furth r 
Adjourning the Assembly vntill the Eighth day of May next 
and willed the Speaker to adjourn the house accordingly. 

So Ended This Sessions of Assembly. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 

At a Session held at Anne Arundel Toivn, 
Febr%iary 2%— March 1, 1694/5. 

CHARLES CALVERT, LORD BALTIMORE, 
Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE LOWER HOUSE. 



Journall of the House of Assembly 

Begunn and held at Ann Arundell Towne in Ann Arundell 
County, on the last day of Feb r ury in the Seventh yeare of the 
Raigne of our Sovereigne Lord and Lady William and Mary 
by the Grace of God of England, Scotland, France, and 
Ireland King and Queen Defend" of the ffaith &c: and in the 
yeare of our Lord 1694. 



Original 



The Second Sessions, 
Maryland ss: 

The house of Assembly by the order of his Ex cy Francis 
Nicholson Esq re their Mat ys Governor in Chief in and over this 
province and Territory of Maryland being Adjourned from 
the Eighteenth day of Oct r last past to the last day of Feb'uary 
next Ensueing 

At which day the house being mett at the Court house at 
Ann Arundell Towne in Ann Arundell County, To witt : On 
the said last day of Feb r ary being Thursday in the Yeare of 
our Lord 1694. 

M r Speaker orders the members of the house to be Called 
over, soe what members were present and did appeare, which 
was done as followeth, to witt : 



For the City of S' Marys. 
Cap' Thomas Waughop 

For S l Marys County 

M r Kenelm Chiseldyne ] 
M r Robert Mason 
M r Philip Clarke 
Capt. John Bayne J 

For Kent County 

Coll Hans Hanson ~] 
M r John Hinson ! 
M r W» Frisby 
M r Thomas Smith J 

For Calvert County 
M r George Lingham } 
M r Thomas Tasker j 



For Ann Arundell County 
Cap' John Hamond ] 
M r James Saunders > 
Major. Edw d Dorsey ) 

For Charles County 

M r Henry Hawkins ") 
Coll James Smallwood 
Cap' W m Dent J 

For Baltemore County 
M r Edward Boothby ) 
M r Francis Watkins J- 
M r John Ferry j 

For Talbott County 
M' Robert Smith 
Coll° Henry Coursey & 
M r Th' Smithson 



128 Assembly Proceedings, Feb. 2%-March i, 1694/5. 

Original For Dorchester County 

journal. M , j ohn p o]lard -| p or Q^ x \\ County 

M r Thomas Hicks V Coll° Casperus A: Herman 



M r Thomas Ennalls ) Coll° W m Peerce 

Cap' John Thompson ) 

Proposed By M r Speaker. Whereas the house is now mett 
and called, that they send to his Ex cy the Gover r to know 
what his Ex cy desires to imparte to this house, for that they 
are ready to attend to what he had to imparte to them. 

Whereupon M r Kenelm Chisseldyn, M r Philip Clarke, Capt 
John Bayne and M r Thomas Smithson, were sent by the house 
to his Ex cy the Governor to know what his Ex cy had to imparte 
to us. 

M r Chisseldyn, M r Clarke Capt Bayne and M r Thomas 
Smithson returne to the house and say that they delivered 
their Message, and that his Ex cy will send down to this house. 

Coll George Robotham and M r James Frisby came downe 
to this house from his Ex cy the Governor to acquaint them 
that his Ex cy expects their attendance at the Councill chamber 
presently. 

The house is adjourned for an hour 

Whereupon M r Speaker with the rest of the members of 
this house Went up to the Councill Chamber to his Ex cy the 
Governor, to know what his Ex cy had to impart to this house 

His Excellency was pleased to deliver to M r Speaker a Bill 
for the Recontinueing of the late discontinued process and 
proceedings of S' Marys County Court. 

The Order of Councill relateing to the conveying of the 
Records from the City of S' Marys to Ann Arundell Towne in 
Ann Arundell County with two lists of the said Records con- 
veyed as afores d as alsoe severall copyries of Letre: voted this 
present Sessions of Assembly to be writt to the Honble Lord 
Bishops and others persons in England with severall other 
papers for the perusall and Consideracon of this house. 

M r Speaker and the rest of the members repaire to their 
own house againe and there take their places. 

A Bill for Recontinueing of the late act discontinued pro- 
cess and proceedings of S' Maryes County Court, read the 
first time and passed. 

The Order of his Ex cy relating to the conveying the Records 
from S' Maryes City to Ann Arundell Towne in Ann Arundell 
County with the two lists of the said Records conveyed to the 
place afores d being read and considered by this house. 

Ordered that the said order of Councill relateing to the 
conveying of the Records to the place afors d with the two Lists 
of the said Records, be entered upon the Journall of the house. 



Assembly Proceedings, Feb. 28- March 1,1694/5. I2 9 
Citty of S' Maries Tuesday Feb ry the 1 2 lh 1694. Original 

Journal. 

Pursuant to an Order of his Ex cy and Councill of the fourth 
ofJan ry last past Severall persons appointed to meet at the p- 3 
State house in order to vievve and inspect the Records lying 
at the State house, meet here accordingly at the Councill 
Chamber, His Ex cy being present was pleased to propose 
what manner of way would be the best and safest for convey- 
ing the said Records by land, Whoe make answer that the 
best way of conveying the Same, will be upon horses in 
Baggs, covered with hides, and that to goe over point patience 
Ferry is the most convenient Roade. 

Ordered thereupon that the Sheriffe of S' Maryes County 
procure Sufficient Baggs, Cordage and hides to pack up and 
put the said Records in fitt for carrying on horse back, as 
likewise take care to have a sufficient number of horses and 
men for guards ready ag' tuesday next to carry them to M r 
Beckwiths house over ag' point patience as afs d And that 
the Baggs be Sealed up with the great Seale of the province 
and that the Sheriffe of Calvert County have ready at the day 
and place aforesaid three or four good Boates well manned in 
order to transport them over Puttuxent River, and there take 
charge of the same and keep strict centreys over them at 
nights to preserve them from fire and other accidents, and that 
none alter or deface the same, and to see that the said Records 
are lodged in some safe and secure place, untill the said 
Records reach Ann Arundell Towne, in Ann Arundell County, 
and deliver to the Sherriffe of the said County, forthwith the 
said Records; and into the charge and care of the Commis- 
sioners concerned for Building the State house, who are to 
take accompt of and secure the same in the most convenient 
Place they thinke fitt. 

Ordered that the severall persons sumoned be ready to 
morrow morning early to inspect and take accompt of the said 
Records as afs d and that M r Freeman, M r Stephens and M r 
Bradford attend to the takeing of the said Ace' in writeing, 
and that M r Taylard and M r Grunwin formerly clerkes of the 
provinciall office be sent for. 



A List of the Record Bookes in the Provinciall office take- 
ing on the 13 th day of Feb ry : 1694. 

S. N: M. Records begun 1672 ending 1678 1639 fol° 

S. — Records begun 1658 ending 1662 1192 fol° 

G — Records begun 1638 ending 1644 — not f°l° 

W C. — W'ritt Booke 1674 ending 1678 195 fol° 

II — Records begun 1658 ending An' 1659 not fol° 



Original C. B. 


Journal. W Q 


N N: 


G:G. 


end: 


p. 4 H. W. 


folio 
TL. 


K K. 


A. A. 


LD. 


H. H. 



30 Assembly Proceedings, Feb. 28- March 1, 1694/5. 

— Criminall Booke begun 1676 end: A 1683 156 fol° 
N° 2 Writt Booke begun 167S end. A 1679. 145 fol° 
Records begun 1673 end: A° 1676 77 fol° 

Record Bookes for Bonds and Cocquetts begun A 1661 
1664. 

M r Buttons Booke begun 1662 ending 1663. not 
2d 

Paper Booke of protests 1669 ending 1684 not folied 
Book in Quarto 1665. for entering Shpp 5 
Record Book begun 1664 Ending 1677 not folied 

Record Book begun 1691. not folio d 
M r Tulls Book of Records 76: fol. wanting and found 
in Llb r S. and begun at fol: 77: A 1686 end. A 1689 

209 fol 
VZ: Book of protests A 1663 end. A 1674 95 fol 

R T. Record Book begun 1688 85 fol° 

S. S. Record Book begun 1688 77 fol 

W T. Spiall Dockett to 1692, being the tryall of Kinwell 

Morgan and others 
L. S. Rent Record Book begun 23 fol° 

Y. Journall of the Assembly A 1650 Ending 1672 
W. C. N° 3. Writt Book A 1680 Ending A 1682 375 fol° 
T. C. Record Book A° 1683. not folied 
E E: Record Book A° 1665 Ending A° 1669 
Z. E. C: Record Book A 1675. Ending A 1679 
W. N° 1. Record Book A 1679 ending 1684, 
B. B. Record Book A° 1663 ending 1664 
I I. Record Book A° 1669 ending 1673 
I L. Book of Sumons A° 1686 ending 1693. 

B. B. Writt Book A 1667 ending 1674 

D. S. Record Book. A°: 1692 ending 1693 

E. B. Writt Book A 1689 ending 1694. 
D. S. Writt book A° 1686 ending A° 1689 
W H: Book of Laws 
W. C. Conveyance Book A 1676 to A 1694 699 fol 

C. B. Chancery Book begun 1668 to 1671 old & Broken 

581 fol 
P. C. Chancery Book with clasps begun 1671. 

Statutes at Large 

Copy p Henry Wrotherly Clk: 

List of the Records of Lands taken out of the Secretaryes 
office: 

Lib: A Provinciall & Lands A 1646 to 1650. 
B. The same and an Alphabett to both books, 1651-1652- 

1653- 



798 

904 

910 


fol 
fol" 
fol 


524 

493 


fol 
fol 


162 


fol° 


412 


fol° 


209 

57 


fol° 
fol 



Assembly Proceedings, Feb. 28-Marc/i 1, 1694/5. 

F. Records of Lands from 1640 to 1643. 

H. Entry of Lands from 1650 to 1655. 

I & K. Buries 2 Books of Rights from 1649 to 1657. 



Q: Lands 1658. 




So. N° A. 1683 to 1684. 


R. Lands 1659. 




NS. N°B. 1685. 


X. Lands 166 1 &c to 1 663. 




N S. N° 2. 1685. 


A. A. Lands 1663 




GBN°6. 1685 


C. C. Lands 1664 & 1665 




D. S. N°B. 1686. 


D.D.Lands 1665. 


► 


D:L. N°H. 


E.E. Lands 1665: & 1666. 




D. Book of Instructions. 


F.F. Lands 1667. 




L. 1656-1657. 


G.G. Lands 1667 & l668 - 




WD. Patent Book 1689 


H. H. Lands 1668 & 1669. 






I. I. Lands 1669 ... _ 






R M. Lands at the Whore Kill 


is . . . 1670. 


K K. Lands from 1670 to 167 


2 


W. T. Lands from 1670 to 1672 


> 


M. M. Lands from 1672 to 1675 


L. L. Lands from 1673 to 167^ 


5. 


W. C. Lands from 1675 to 1680. 


VV. C. N° 2. Lands from 1676 


to 1680. 


C. B. N° 2. Lands from 1680 


to 1682. 


C. B. N° 3. Lands from 1682 


to 1683. 


S. D. N° A. Lands from 1683 


to 1684. 


W.C.N 3: 1680. 




W. C. N° 4: - 




W.C.N 5: 1684. 







In the book of Instructions the first four pages torne out. 

In Lib: 66. the two first pages torne. 

In Lib: R. the first leafe torne out. 

In Lib: F. from fol: 9 to fol: 101 wanting. 

In Lib: H: the first leafe torne out. 

In Lib: K. the first leafe torne out. 

In Lib: F. F. from fol: 176 Cut out. 

In Lib. B. one parte of the leaf in fol: 189 torne 

In Lib: . . . the first leafe torne out, and in the same Book 

from fol: 18: to fol: 23 torne out 
In ditto A. from fol: 122 to 125. wanting 
In ditto A. from fo: 276 to 279 wanting 
In ditto . . . . fo: 283 to 284 wanting. The whole conteyns 

400 pages 
In Lib: 2: 1658: the first 13 leafes loose and torne at the topp: 

Cop: -p Henry Wriothesley Clk: 



132 Assembly Proceedi)igs, Feb. 28- March 1, 1694/5. 

Original As also the following returne ordered by the house to be 
journal. jr nterec j U p 0n tne Journall of the house. 

Ann Arundell Feb ry the 28 th 1694. 
Maryland ss: 

Pursuant to an Order of his Ex cy Francis Nicholson Esq r 
p- 6 Governor of Maryland and the honble the Councill of the said 
Province Convened at S' Mary's on the 24 th of Jan ry last past 
appointing Severall persons (best qualified to that purpose) to 
Inspect the Records lying at the State house at S l Maryes on 
the i2 lh day of this Instant Feb ry and to propose and resolve 
upon the best way and method for the Removall and convey- 
ance of the said Records. 

We whose names are underwritten do hereby testifie and 
declare (as well for the Satisfaction of his Ex cy and Councill, 
and the Burgesses and Delegates of this province, this day 
assembled at the Towne of Ann Arundell, as of all other per- 
sons whom it may concerne). 

That whereas the s d Records according to the list or Cata- 
logue of the Same taken and made out by the Severall per- 
sons appointed as afs d An Authentick Copy whereof is in 
the hands of M r Henry Denton Clerke of the Councill, were 
on the nineteenth of this Instant by the Order and Authority 
of his Ex cy and the honble Councill comitted and given to our 
Custody and charge in Order to be conveyed to this place. 
Wee have without any damage, Loss or p'judice Safely 
brought all and every the said Records to this towne Ann 
Arundell and have delivered and placed the same, as by the 
said order is directed. 

In Testimony whereof wee have hereunto sett our hands 
this 28 th day of Feb ry 1694. 

Henry Wriothesley 
John Freeman 

By his Ex cy the Governor and Councill Feb ry the 28 th 1694. 

Ordered that the within Returne be recorded in the Jour- 
nall of the house of Burgesses, and then returned to this house 
with the Lists of the Records this day sent. 

Signed p order 
Hen: Denton Clk: Councill. 

The house doth concur for the same to be Entered upon 
the Journall M r Thomas Smithson and M r Thomas Ennalls 
sent up to their Maj lys honble Councill with the af d Bill for 
recontinueing the late discontinued process and proceedings 
of S' Mary's County Court. 



Assembly Proceedings, Feb. 2%-March i, 1694/5. x 33 

Daniel Dauison his petition being read and considered by Original 
this house. Ordered that a Bill be prepared for the naturali- J° urnal - 
zation of the said Daniel Dauison and Daniell his Son. 

M r Smithson and M r Ennalls returne to the house and 
bring the af d Bill, Endorsed (to witt) 

Feb ry 28 th 1694. Read the first tyme and passed in 
Councill 

Hen: Denton Clk: Councill. 

A Bill for the Recontinueing the late discontinued process 
and proceedings of S' Mary's County Court, read the 2 d tyme 
by order of the house 

A Bill for the naturallization of Daniell Dauison and Dan" 
his son read the i st time 

A Bill for reviveing certaine Laws read the first time. 

The above said Bills sent up to their Ma lys honble Councill P . 7 
by M r Edw d Boothby and Major James Smalwood. 

M r Edw d Boothby and Major Smalwood returne to the 
house and bring the af d Bills Endorsed to witt. 

Read and passed in Councill Eodem die & Anno: 

Hen: Denton Clk: Councill. 

The house Adjourned for an houre. 

The house met againe 

A Bill for the naturallization of Daniel Dauison and Daniell 
his son. Read the second tyme by order of the house. 

A Bill for the Recontinueing the late discontinued process 
and proceedings of S' Marys County Court, read the third 
tyme, and passed. 

A Bill for the reviveing of certaine Laws, read the second 
tyme by order of the house. 

Ordered that the said Bills be engrossed by tomorrow morn- 
ing by the clerke of this house. 

Voted that what Tob: of the 40 15 of Tob: -p poll for and 
towards the mainteynance of Ministers and building of 
churches in Talbott County, and which was collected and paid 
to the Clergymen of the said County in the yeare of our Lord 
1693, an< l still remaining in the Sheriffs hands be reserved 
and secured for and towards the building of a church at 
Oxford Towne in Talbott County af d 

Voted that a publique Ferry be kept upon South River in 
Ann Arundell County for carrying over all persons that have 
any business to do at provinciall courts and Assemblys to be 
holden at Ann Arundell Towne in Ann Arundell County af d 



134 Assembly Proceedings, Feb. 2%-March 1,1694/5. 

Original and also that a publique Ferry be kept upon Severn River in 
journal, ^ c ount y a fd f or t i le same enc i anc j purpose dureing the 
tymes of provinciall Courts and Assemblyes, and at all other 
tymes dureing business at the offices belonging to the said 
Courts, and that Cap' John Hamond and Major Edward Dor- 
sey do agree with the persons concerned for the keeping of 
the said publique Ferryes, as cheape as they can for the whole 
yeare, and to be paid out of the publique Levy. 

Voted that a publique Ferry be kept upon puttuxent River 
in Calvert County in some place about Mount Calvert for the 
carrying over of all persons, that have any business to do at 
provinciall Courts and Assemblyes to be holden at Ann Arun- 
dell Towne in Ann Arundell county, dureing the tyme of pro- 
vinciall courts and assemblyes, and at all other tymes haveing 
any business at the offices belonging to the s d courts and that 
M r Thomas Tasker and M r George Lingham do agree with 
the persons concerned for keeping of the said publique Ferry 
P . 8 in Calvert County af d as cheape as they can for the whole 
yeare, and the said publique Ferry to be settled at or near the 
place aforesaid, where they shall thinke most fitt and conven- 
ient for the same, and to be paid out of the publique Levy. 
The house is adjourned till to morrow morning at 8 of 
the Clock. 

Fryday March the I st 1694. 

The house mett againe. 

Proposed by some of the members of this house to take 
into consecedon the Act of the last Sessions of Assembly 
Entituled an Act for the Imposition of four pence -p Gall: on 
Liquors imported into this province, and Whether the said 
Act is to fall in exempting all Shipps and Vessells that should 
after this act, be built and belong to the people of this prov- 
ince from the Duty therein imposed, as was intended by the 
act of Assembly. 

Thereupon it is unanimously resolved, that it never did 
enter into the calculation and intent of the said Assembly to 
impose said duty on any Shipp or Vessel that should after 
the proclayming of that act, be built in and belonging unto 
the people of this province, but should be wholly exempt from 
all the said duty of 4 d -p Gallon, according to the true intent 
and meaning of the said act, and that the two pence -p Gallon 
is not to be exacted of such ; but onely of Shipps or Vessells 
as were built before the said Law, or belonging to the people 
but not built in this province. 

A Bill for the naturallization of Daniell Dauison and Daniell 
his son. Read the Second time. 



Assembly Proceedings, Feb. 2%-March I, 1694/5. 135 
A Bill for reviveing of Certaine Laws. Read the second Original 

S Journal. 

time 

A Bill for recontinueing the late discontinued process and 
proceedings of S' Mary's County Court, was read the second 
time. 

The said three bills were ordered by the house to be 
signed. 

Severall proposalls by his Ex cy the Governor and Councill, 
To Speake to the Speaker, where the Records shall be kept. 

Voted that the Records be kept in Major Dorseys House 
where they are lodged at present untill the next Sessions of 
Assembly 

To see about the Clay Cast up for bricks whether it may 
be good or not. Voted that the whole house view the same. 

To know what is to be done with the loose papers left 
behind and the Commissaryes Records when to be removed. 

Voted that his Ex cy appoint such persons as he shall thinke 
fitt to inspect into the Bonds and Books belonging to the 
Comissary's office and that they be conveyed to Ann Arundell 
Towne in Ann Arundell County by the next Sessions of 
Assembly and that the loose papers left at S' Mary's behind 
be well secured and conveyed to Ann Arundell Town by the 
next Sessions of Assembly, And secured with the rest of the 
Records. 

Call up the number of Survey' 5 not yett deputed. p. 9 

M r John Lowe Sury r for S* Maryes County. 

M r Joseph Manning Surveyor for Charles County. 

M r Solomon Wright Surveyor for Talbott County, in the 
Roome of M r W m Coursey. 

M r Edw d Green Surveyor for Sumersett County. 

Major Thomas Ennalls Surveyor for Dorchester County. 

M r Thomas Coursey Surveyor for Caecill County. 

Moved by a member of this house in behalfe of the Towne 
of Oxford that M r William Stephens did give fifteen Acres of 
Land to the use of the said Towne and which was confirmed 
by the same, but the Deeds appearing to be torne and imper- 
fect prays the Consideraccon of this house that the Towne 
may have the benefitte intended for them. 

The house Adjourned for an hour. 

M r Speaker with the rest of the members goe up to his Ex cy 
the Governor and Councill to the Councill Chamber, and 
carryed with them the af d three bills, which were signed by 
his Ex c > the Governor, and passed under the Great Seale of 
this province (to witt:) 

An Act for the naturallization of Daniell Dauison and 
Daniell his Son. 



136 A ssembly Proceedings, Feb, i%-March 1, 1694/5. 

An Act for the reviveing of certaine Laws &c : 
An Act for the Recontinueing the late discontinued process 
and proceedings of S' Mary's County Court. 

The af sd Lawes were signed by his Ex cy thus: (to witt:) 

On the first day of March in the yeare of our Lord 1694, 
on the behalfe of theire Majesties King William and Queen 
Mary, 

I will these be Lawes. 

Afterwards his Ex cy acquainted them with his resolution of 
adjourning the Assembly, and accordingly Orders M r 
Speaker to adjourne the house till the 8 th day of May next 
ensueing, 

Who thereupon with the rest of the members of the house 
repaired to the Court house again and there tooke theire 
places. 

M r Speaker with the rest of the members of the house com- 
plyant to his Ex cys abovesaid order adjourned to the 8 th day of 
May next ensueing 

Soe endeth this sessions of Assembly, March the first in the 
yeare of our Lord 1694, in the seventh yeare of the Reigne of 
our Sovereigne Lord and Lady King Willm and Queen 
Mary. 

Cleborne Lomax Clk: of 
Assembly 



Att a Sessions of Assembly held att Ann Arundell Town in 
Ann Arundell County on the last day of ffebruary in the sixth 
year of the Reigne of our Sovereigne Lord & Lady Wiliam 
& Mary by the grace of God of England Scottland France 
and Ireland King and Queen Defenders of the faith &c. Anoq 
Dni 1694 Were enacted 

An Act for the recontinueing of the late discontinued Pro- 
cess & proceedings of S' Mary's County Court. 

Whereas by the late Severity and Sharpness of the 
Weather the Justices of the peace and Comissioners Comis- 
sionated and Appointed for the houlding of the County Court 
of S 1 Marys County were Impeded and obstructed from 
Comeing to hould the said Court upon the first Tuesday of 
January last according to their Comission and by their not 
Comeing to hold and adjourne the said Court great inconven- 
iency and incommodity hath happened to the Severall 



Assembly Proceedings, Feb. I'b-March i, 1694/5. 137 

Suitors to the said Court the Severall pleas, process and pro- Lib. l. l. 
ceedings depending in the said Court being by that means 
discontinued and putt without Day to the great Loss and p. 82 
Damage of the Suitors aforesaid for remedy whereof and that 
the Severall pleas Writts Process and Proceedings of the said 
Court may be revived restored and recontinued and putt in as 
full force as they were before the said Discontinuance hap- 
pened The Delegates of this present Generall Assembly do 
pray That it may be Enacted And Be it enacted by the King 
and Queens most Excellent Maties by and with the Advice 
and Consent of this present Generall Assembly and by the 
Authority of the same That all and Singular Writts pleas pro- 
cess & proceedings and all other matters or things which did 
depend upon the same or had any Relation thereunto which 
were hanging depending and undiscust in the said County 
Court of S l Marys County att any time before the first Tues- 
day in January which was in the year of our Lord 1694 and 
by the Noncoming of the Justices aforesaid were discontinued 
and put without day are hereby recontinued revived & 
Restored and to all Intents and purposes Whatsoever put in 
as full Vigour Strength force and Virtue as if the said discon- 
tinuance or putting without day of the Writts pleas process 
and proceedings aforesaid had never been nor happened and 
to the End that the Several Suitors to the said County Court 
may have full notice and intelligence and that the Severall 
persons who were bound by recognizance to Appear att the 
said County Court may also have notice of this Act and that 
they may keep their day by makeing their Severall and 
respective Appearances att the next County Court of S' 
Marys County af d 

Be it further Enacted by the Authority aforesaid by and p. 83 
with the Advice and Consent aforesaid that the Sherriffe of 
S 1 Marys County do make Proclamation of this Act and the 
Severall things therein Conteined in the most publick places 
of this County. 

An Act for the Naturalization of Daniel Dauison Senior 
and Daniel Dauison Junior of Calvert County 

Be it Enacted by the King and Queen's most Excellent 
Maties by and with the Advice and Consent of this present 
Generall Assembly and the Authority of the Same That 
Daniel Dauison of Calvert County Senior and Daniel Dauison 
Junior Son to the said Daniel from henceforth be and are 
hereby adjudged reputed and taken as natural! borne people 
of this Province and that they by the Authority aforesaid be 
enabled and ajudged to all Intents & purposes to Demand 
Challenge Ask have hold and enjoy any Lands Tenements 
Rents and Hereditaments to which they might in any wise be 



138 Assembly Proceedings, Feb. 2&-Marc/i 1, 1694/5. 

l. 2. intituled as if they were free and naturall borne Subjects and 
also that they shall & may be Enabled to presecute, maintaine 
Avow Justify & Defend all and all maner of Actions Suits 
and Demands whatsoever as Liberally frankly freely and as 
Lawfully as if they or either of them had been free and Nat- 
urall borne Subjects of the Kingdom of England any Statute 
Law usage or Custom to the Contrary notwithstanding. 

P . 84 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at A nn A rundell Town , 
May 8-22, 1695. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE UPPER HOUSE. 



At a Councill in a Generall Assembly (by AdjournnY) Origi 
Begun & held at Ann Arrundell Town in Ann Arrundell J ourn 
County the Eighth day of May being Tueseday and here con- 
tinued vntill the 22 th of the said Month, in the Yeare of the 
Reaign of our Soveraign Lord & Lady King William and 
Queen Mary Anno Dom: 1695 

Being the Third Sessions. 
Present 
His Ex" cy Francis Nicholson Esq r Cap' Gen" & ca 
Coll Henry Jowles 
The Hon We Coll George Robotham 
Coll Charles Hutchins 

Coll David Brown 
John Courts Esq 
Edward Randolph Esq r 
Produced by his Ex" cy Letter from her Sacred Ma ty Dated 
22 d of August 1694: which being read was found to Import 
her Sacred Ma 15 Comands to this Governm' for sending one 
hundred & Sixty Men or other Assistance towards the 
Defence of their Ma ts Province of New York if required by the 
Govern" of that place ; Whereupon his Ex ncy did demand 
whether a Supplye should be now Considered, while the 
Assembly continues to prevent the charge of Calling another 
Assembly, if such Assistance should be Required. 

Produced afterwards Letter from their Ma 15 hon ble Councill 
of New York with Coppy of a protested Bill of Exchange 
therein inclosed for 362 1 . 8 s . Sterl. With charge accruing 
amounting to the sume of 453 1 : said to be drawn by his Ex" cy 
Lionell Copley Esq r Late Govern' of Maryland on behalfe of 
this Governm' therefore did likewise demand what Answer 
should be given thereto ; 

Ordered that the said Two Lett rs be Referred down to the 
house of Burgesses for their Consideracon, which accordingly 
were sent 

May 13 th 1695. 
Brought from the house of Burgesses by Cap' Bayne & M r 
Sanders the following Message in Answer thereto, Viz' 
To his Ex cy the Govern' in Covncill & ca 
By the Burgesses of Assembly May the 13''' 1695. 
May it Please your Ex ncy 

Wee have seen her most Sacred Ma" Letter under her 



142 Assembly Proceedings, May 8-22, 1695. 

Original Sign Manuall of the 22 d day of August 1694: to your Ex ncy 
journal. Comanding assistance to be given by this Governm' of men 
or other Supply's for defence of New York as need shall 
Require, and upon intimacon of His Ex ncy the Govern r of that 
place, to which in all loyall and humble Obedience to the 
Cofnands of that glorious Queen of ever blessed memory, 
Wee humbly Signify to your Ex ncy 

I st That according to our utmost Abilities Wee shall att all 
times be ready to Assist that Governm* with such number of 
Men & armes when need shall require and his Ex ncy the Gov- 
ern r shall intimate the same as the strength & ability of this 
Province will afford : Consideracon being had to our Con- 
tinuall Charge of Several! parties of men & horse which are 
necessary and now actually in pay to Guard the ffrontiers of 
this Province lying equally Exposed to the Attempts of ffor- 
raign Indians with any other of their Ma ts Governm' 5 in this 
Continent. 

2 dly That as to Money according to the former Report of 
this house to your Ex ncy Dated the i6 lh of October 1694: 
That wee are not of ability to Advance in that particular by 
reason of the vast Charge Wee have been & still are at which 
yet Lyes heavy on us & great part vndischarged. 

3 dly That as to the Bill of Ex ch,n6e in the Letter of their 
Ma ts hono ble Councill of New Yorke, this house know not any 
thing of it. It appeares to be drawn by his late Ex ncy Govern' 
Copley but whether for service of the Province or not is 
unknown to Us, nor does any request or Consent of the Rep- 
resentative Body of this Province appear for the same 

This Wee humbly Represent unto your Ex ncy as the sence 
of this house on the premisses, praying your Ex nci " and the 
Councills Concurrence therewith. 

Signed -p Ord r W Bladen Clk Assembly. 

May the 18 th 1695. 

Brought from the house of Burgesses by Maj r Whittington 
& Maj r Hamond the houses further Result touching Assist- 
ance to New Yorke Viz 1 

To his Ex ncy the Govern* in Councill & ca 
By the house of Burgesses May i8 ,h 1695. 
As to the Affaire Relating to the Assistance of New York 
Wee humbly Represent unto your Ex ncy that Wee have seri- 
ously considered the Same and Entered these Minutes upon 
our Journalls Viz 1 

Resolved that assistance shall be given when need shall 
require & according to our fformer Message, And because the 



Assembly Proceedings, May 8-22, 1695. 143 

Countrey is at p r esent utterly destitute of Money to pay the Or 
Soldiers now in for the defence of this Province. M r Jo 

Thomas Tasker one of the members of this house Offers to 
lend for the Service of this Countrey One or two hundred 
pounds Sterl: as need shall require, for the loane whereby 
vntill he shall be enabled to Reimburse himself out of the 
Countrey Treasury he is to be allowed Eight pounds p Cent 
And the said sume is to be called for by his Ex ncy of the said 
M r Tasker & applyed their Ma ,s Service, in such manner as to 
his Ex ncy in his Wisdom shall seem fit. 

Signed p Ord' W Bladen Clk Assembly. 

Thursday May 9 th 1695. 

Councill again Mett & Sate and were present as Yesterday. 

Came M r Boothby & Maj r Smallwood from the house of 
Burgesses who Signifyed that the house had understood his 
g x ncira De i n g dissatisfyed with the Proceedings of Clayborn 
Lomax their p r sent Clerk, therefor had by a vote of their 
house made Choice of M r William Bladen to Officiate in his 
stead, and were sent to Request his Ex ,,cics approbation of the 
said Choice, who accordingly was admitted and approved off, 
and (being present in Councill) had administred vnto him the 
Oathes appointed by act of parliam' to be taken instead of the 
Oathes of Allegiance & Supremacy as also the usuall Oath of 
Clerk of that house and Subscribed to the Test. 

Ordered that Comission be prepared to pass the Broad 
Seal Accordingly. 

Brought from the house of Burgesses by M r Tasker & Maj r 
Maxwell the following Message Viz' 

By the Burgesses of Assembly May 9 th 1695. 

Whereas the sad report of the death of her sacred Ma ,y 
Queen Mary fell under the Consideracon of this house, it does 
appear that his Ex" cy the Govern r and many private persons 
w Ih in this Province have Lett rs expressing & affirming the 
same for truth, This house therefore to take of all Occasions, 
Scandols or Reflections w ch may be cast upon the Service 
injoyned by the Church of England by the adversaries thereof 
have thought fit that her late Ma' name be omitted in publick 
prayers, And further it is by the house considered, that (upon so 
great a loss) Wee can do no less than with great grief condole the 
Same, therefore do humbly Request his Ex" cy will be pleased 
to joyne w lh this house in setting a part a Solemn day of 
humiliation for that Service. 

Signed -p Ord r W Bladen Clk Assembly. 



144 Assembly Proceedings, May 8-22, 1695. 

Original This Board does concurr with the House therein & Order 
journal, t ^ t p roc i arna tion issue under the Broad Seal to Proclame a 
ffast accordingly to be kept Saturday next within this place, 
and in the rest of the Counties the last day of May instant ; 
being thought fit to be deferr'd so long that publick Notice 
may be given every where within the Province, ag' that time 
His Ex ncy does in particular Recommend to the Gentl. of the 
Councill that they put themselves in Mourning upon this so 
Solemn occasion, and that the same be recommended from 
this Board to be performed by the house of Burgesses like- 
wise, withall signifying the ffast appointed which was done in 
the following Message, Viz' 

By his Ex ncy the Govern' & Councill in Assembly. 
May 9 th 1695. 

This Board does readily concurr with the Message of your 
house by M r Tasker & Maj r Maxwell sent, touching her 
sacred Ma ts death of Blessed memory, and pursuant thereto 
have appointed Saturday next to be set apart for a day of 
Solemn ffast & humiliation, upon the said Occasion, and that 
the last day of this Instant May, be strictly observed and 
kept within the several Counties of the Province, likewise, to 
which End Proclamacon is Ordered to issue accordingly. 

His Ex ncy in Councill is also pleased to Signify and does in 
particular Recommend to the house that the Severall mem- 
bers thereof do put themselves in Mourning for the said 
Solemnity. 

Signed -p Ord r Hen Denton CI Counc. 

The said Message was sent to the house by the hon ble Coll 
George Robotham and Cap' Courts. 

Fryday May 10 th 1695. 

Councill again mett sate & were present as before. 

Produced at the Board (as by order) Proclamation touching 
her Sacred Ma ls death, which being read was approved off, 
Signed by his Ex ncy passed the Broad Seale of the Province; 
The Tenour whereof Runes in these Words, Viz' 

By his Ex ncy A Proclamation 
Whereas the sad & most deplorable News of the Death of 
her Sacred Ma ,y Queen Mary, of ever blessed memory, is 
lately made known in this Province as well by Letters from 
severall Merchants & Oth rs as also by the Gazetts & Votes of 
Parliam' and hitherto no Significacon thereof hath been given 



Assembly Proceedings, May 8-22, 1695. J 4S 

to Us from Whitehall ; for want whereof noe legall alteracon Original 
can (at present) be made in the Judiciall Proceedings of this J° urnal - 
Governm' Nevertheless for the Ease and Satisfaction of 
persons of Tender consciences in the Church of England, to 
take of all Reflections which may be made by our Dissenters, 
and lastly to obviate all pretences of the Romanists, as if wee 
seem'd to pray for the dead, I have (by and with the advice 
of his Ma ls hon ble Councill & house of Burgesses Assembled) 
thought fitt to publish and proclame, and I do hereby 
publish and proclame that the Name of her Sacred 
Ma ty be hereafter Omitted in all publick prayers & Ser- 
vice of the Church ; & to the End the great loss of our 
pious and Glorious Queen may not be passed by, whose 
Death wee can not Sufficiently condole, I do further Publish 
and Proclame that Saturday next (being the Eleaventh of this 
instant May) be set a part as a day of ffast & Solemn humiliation, 
to be strictly observed and kept by the Assembly & all others 
resideing in & about this City. And that the last day of this 
Instant May be also Observed by all persons inhabiting this 
Province, requireing the Ministers to read prayers & preach 
on that day; And I do hereby Strictly charge and Cofnand 
the severall Sherriffes of this Province forthwith to make 
Proclamacon hereof in the most publick and Convenient 
places in their Respective Counties; Whereof all persons are 
to take due Notice and Abstain from Corporall labour on that 
day: Given under the Great Seale of the Province at Ann 
Arrundell this Tenth day of May in the seaventh yeare of his 
Ma' 5 Reign Annoq Dom. 1695. 

God Save the King ffr Nicholson 

Appeared here at the Board one Patrick Duncan & John 
Selby Inhitents of South River, who informed his Ex ncy & 
Councill concerning sev r all Indians they see painted about the 
ffalls of Petuxant, at the outmost Plantacon there, where they 
understood by the people of the house that they made great 
Complaint for want of Corn, and that some of them Reported 
there were Two hundred of them not farr off. 

They are sent down to be Examined by the house of Bur- 
gesses. To w ch the house Returnes the following Answer by 
M r Boothby & M r Lowe, Viz' 

By the House of Burgesses May 10 th 1695. 

Whereas this day upon the Examination of Patrick Duncan 
& John Selby Wee have informacon concerning some Indians, 
not as yet known & discovered, this House does humbly 
Request his Ex' Ky the Govern r will be pleased to Order some 



146 Assembly Proceedings, May 8-22, 1695. 

Original Military Officer with such force as he shall think fit to go out 
journal. j n Order to make discovery of them. 

Signed -p Order W Bladen Clk Assembly. 

Ordered thereupon that the hono ble Coll Nicholas Green- 
berry forthwith send out a party of Men to Range about the 
ffalls of Petuxent River where those Indians are said to have 
been seen, in Order to make what discovery they can, and 
that they return an Acco' of their Proceedings therein to this 
Board with all possible speed. 

Signed *p order Hen Denton CI Concil. 

Heneage Robinsons Petition about ffurrs read, was Refer- 
red down to the house of Burgesses for their consideration. 

The Hono b ' c Coll John Addison comes & takes his place. 

Brought from the House of Burgesses by Cap' Bayne & 
Maj r Smallwood the following Message, Viz' 

To his Ex ncy the Govern 1 in Councill. 
By the Burgesses of Assembly, May io' h 1695. 

This House have herewith sent your Ex ncy one Act of 
Assembly for securing Adm rs & Ex rs from double paying of 
Debts and limiting of the time for paym' of Obligations within 
this Province, and one other Act of Assembly for Encour- 
agem' of such as shall make hemp and flax and humbly 
Request your Ex ncy that you will be pleased to Signify unto 
the House what your Ex ncy has to Communicate to them upon 
this present Sitting 

Signed -p Order 

W Bladen Clk Assembly. 



Munday May 13 th 1695. 
Councill again Mett and Sate & were 
Present. 
His Ex ncy Francis Nicholson Esq r Cap' Gen" & c 

Coll Henry Jowles \ Coll David Browi 



The Hon b " 



( Coll Henry Jowles 1 Coll David Brown 1 

■! Coll Nicholas Greenberry V Coll John Addison v 
( Coll Charles Hutchins ) John Courts Esq r ) 

M r Carroll M r Freeman & Sn' Maries City Petitions, all 
Referred to the House of Burgesses for their Consideration. 

Brought from the house by M r Boothby & M r Ennalls the 
following Message, Viz' 



Assembly Proceedings, May 8-22, 1695. x 47 

To his Ex" cy the Govern' in Councill. Original 

Journal. 

By the Burgesses of Assembly, May 13 th 1695. 
This House do humbly Signify vnto your Ex ncy That 
Whereas James Welch hath barbarously Murdered his 
Master, for which crime he is now in the Custody of the 
Sherriffe of this County and lyes upon the Countyes Charge ; 
Wee desire your Ex ncy will be pleased since at present there 
are Severall Justices of the Provinciall Court present now in 
Town to give your Speciall Comission of Oyer & Terminer 
to try the said James Welch. And Wee do further Signify 
unto your Ex" cy that there are now two Prisoners under Sen- 
tence of Death in the Custody of the Sherriffe of Sn' Maries 
County which lye upon great Charges to the Countrey. 
Wherefore Wee humbly pray your Ex ncy will be pleased to 
proceed therein, as in your Wisdom you shall think fit, to the 
End the Province may be disburthen'd of so great and unnec- 
essary charge. 

Signed -p Ord r W Bladen Clk Assembly. 

To which said Message the following Answer was (by Ord r ) 
drawn and sent to the House by the hon ble Coll John Addison 
together with the aforegoing Petitions Referred ; Viz' 

By his Ex rcy the Govern r & Councill in Assembly. 

May 13 th 1695 : 

Pursuant to the houses desire, this Board have Ordered a 
Speciall Comission to issue for Trying of James Welch in 
your Message named, & have accordingly appointed Friday 
next to be the day of Tryall, and as to the two Condemned 
Prisoners remaining in the Custody of the Sherriff of Sn' 
Maries County, you make mention off; the said Sherriff 
hath already Obliged himself to take no ffees, but for further 
Satisfaccon of the house this Board does Acquaint you that 
this day an Express has been sent to Require the said Sher- 
riffes Attendance here, from whom the house may Receive a 
certain Account. 

Signed *p Order Hen Denton CI Concil. 

Upon Representacon of the House of Burgesses Ordered 
that Special Comission issue out of their Ma" high Court of 
Chancery, for the Tryall of one James Welch now in Custody 
for Murdering his Master, Constituting and appointing the 
hon bl<: Robert Smith Esq' and the Rest of the Provinciall Jus- 
tices now in Town, Justices for the said End and purpose, 



148 Assembly Proceedings, May 8-22, 1695. 

Original who are to meet & sit at Ann Arrundell Town in Ann Arrun- 

joumai. jgjj c oun t v ffryday next, for the s d End and purpose being 

17 th day of May instant, in Order to the Tryall of the said 

Prisoner then to be brought before them. 

To S r Thomas Laurence Baronet 

Secretary or to his Chief Clerk in the Office 

These. 

Read the two following Bills viz 1 

An Act for securing of Adm rs & Ex rs from double paying 
of Debts & Remitting the time for paym' of obligations 
within this Province Read the first time and passed. 

An Act for Encouragm' of such as shall make hemp and 
flax, read & Referred to be discoursed off in a conferrence w th 
the House of Burgesses. 



May i4' h 1695. 
Councill again Sate and Were 
Present 
His Ex ncy the Govern' & ca 
[ Coll Hen: Jowles | Coll Cha: Hutchins ] 
The Hon ble ^ Coll Geo: Robotham V Coll David Brown I 
( Tho Tench Esq r J Coll John Addison f 
John Courts Esq J 

The following Proposalls sent by his Ex ncy to the house of 
Burgesses for their Consideration, Viz' 

1 : His Ex ncy was pleased to Signify that they had perused 
at the Councills Board the Bill yesterday preferred touching 
Ex rs and Adm rs and that they find no fault therewith, yet not- 
withstanding do Recommend that an Addition thereto be 
made for the selling of personall Estates of person deed 
(where thought convenient) by an Outcry. 

2: That the Law for Christnings, Marriages and Burialls 
be altered Viz' in appointing the Clerks of the Vestry instead 
of the County Cou r ts to keep the Register of those Matters, 
Obliging the Minister and Vestry to inspect the same Quar- 
terly and that a ffyne be inflicted as well upon the Clerks as 
persons neglecting this duty. 

3 : That a Letter be writt to the Lord Bishop of London 
and another to the new Arch Bishop of Canterbury to desire 
them that in Case our Law should not be full enough in point 
of Religion they would be pleased to intimate what would be 
proper, as also about punishm' of vice. 



Assembly Proceedings, May 8-22, 1695. ! 49 

4 : That the Weights and Measures be lookt after to be Original 
sent for, and that the Chief standard be of Brass and lodged J ournal - 
in the Secretaries Office in Charge of the Officer haveing 
Custody of the Records. 

5 : For Regaining the Publick Credit of the Countrey, his 
Ex ncy is pleased to propose that all publick Leavyes and ffees 
be made out and sent by such a certain time of the year to 
the Sherriffes, and that there be appointed two or three or 
more Substantiall persons in every County who will und r take 
to bring all such Tobacco's to two or three certain places in 
the said Counties, and they to be continued to Execute the 
Office of Sherriff for Six or Seaven yeares together, 

6: That a Law be made to ascertain the bounds of all 
Lands taken up in this Province. 

7 : Sn' Maries City Petition Recomended and Removall of 
this County Court from London Town to this Place as by 
former Message. 

8 : M r Carrolls Petition Recommended, pursuant to former 
Message 

9: Bill about Encouraging of hemp and flax, his Ex" cy is 
the House, that it has been read, but does conceive 
that the of the said Law is enough to destroy it, and 

therefore advizes that they prepare a Law of proposalls to be 
laid before his Sacred Ma ly to know what Rates will be given 
for hemp, flax, pitch, Tarr, Masts Yards & ca in Order to 
furnish his Ma ts Navall Stores. 

10 : That a Law be made to restrain Negro's from 
wandring about on Sundayes and from going a broad without 
a ticket or Certificate from their Masters. 

1 1 : That the Law ab' the Militia be amended, in giveing 
them more power. 

1 2 : His Ex ncy Recomends that more ports be made. 

13: That a Conditionall Law be made about Runaway 
Servants and Debt" runing out of this Province into Virg r ' for 
taking such Runawayes up & liberty to sue & ca Provided a 
Reciprocall Law be made for the same in Virg :i 

14: That if the Govern" of New York should send for 
Assistance to this Place, pursuant to her Sacred Ma" Comands 
to know how money should be raised, His Ex ncy being pleased 
to propose as follows, Viz' That the house would lay up a 
banck of Money in some Responsible Mans hands, and pitch 
upon Some discreet person, in case that there is an also late 
necessity to send men there ; and that such person may see 
how the Men & Money are disposed of; and that the same 
are appropriated to the Uses sent for, & for the Raising 
Money towards defraying of such charge, his Ex noy further 
proposes a Duty to be laid upon Negros & Servants imported 



150 Assembly Proceedings, May 8-22, 1695. 

Original so much -p head, upon Wood and Earthen Ware brought 
journal. f rom f\j ew England or Else where, and upon Mollasses & 
Sugar imported by fforraigners. 

15 : That some person of trust be imploy'd in the Nature 
of a publick Post to keep going betwixt Potomack & Phila- 
delphia for the Carryin all Letters betwixt the said places, 
and that a Certain yearly Sallary be settled upon such person 
for the same. 

16: That such horses as are allowable by the Law to be 
killed, be instead thereof taken up and Sold for the Use of 
the Poore of the Parrishes. 

17:- His Ex ncy is in particular pleased to propose whether 
Corn be so scarce in the Countrey as that the same may 
Occasion the death of any person through want thereof. 

Produced to the Board & Read Lett r from Cap' Daniell 
sent from the Commandore to his Ex ncy Signifying the 
Cofnandores designe of Sayling by the last of this Instant 
May. His Ex ncy proposes that the Gentl. of the Councill con- 
sider ag' Tomorrow in the Evening, What answer to give to 
the same, Expecting by that time, the said Cap' Daniell with 
Severall Masters of Shipps and Merchants. 



Wednesday in the Evening May 15' 11 1695: 

According to Order of the day, the Members of their Ma' s 
hono bIe Councill the Hon 1 ' 1 ' Thomas Brooke Esq r being added. 
Where was 

Present 

His Ex ncy Francis Nicholson Esq r Cap' Gen" & ca Rob' Smith 
Esq r Speaker of the house of Burgesses & Cap' Josiah 
Daniell Commander of their Ma' s hired Ship the Prince of 
Orange. 

His Ex ncy produces to the Board Severall Letters by him 
Received from Cap' Crowe, the Commandore touching the 
ffleets Sayling, Namely, one of the first of march past with 
List of the Ships intended into this Province, inclosed ; Signi- 
fiying his haveing leave from the Lords of the Admiralty to 
stay in the Countrey but two months, another of the ninth of 
March setting forth his designe to Sayle by the ninth of May 
after another of the 5 th of Aprill, expressing that he Under- 
stands that the Ships by that time cannot be in a readiness, 
therefore desires Notice may be given to the Masters to get 
ready to joyne the fiieet at Kiquatan by the last of May 
instant ; All which letters his Ex ncy Signifyed he had caused to 
be Coppyed out and sent to the severall Counties of the 
Province, in Order to be published; Produced also another 



Assembly Proceedings, May 8-22, 1695. I 5 I 

Letter of the Twenty third of Aprill and likewise one from Original 
Cap* Daniell of the 26 th after, which letter his Ex ncy does say J ournal - 
he Reed before Cap' Crows last Lett r came to hand : as also 
is pleased to Signify that according to the List of the Ships 
sent, they were all Arrived except John Munder, the Reynea 
design'd for Potomock but Returned for England, John 
Garthwayt taken, as p advice, James Mitchell the William 
and ffrancis gone for Barbados. 

His Ex" cy is pleased to propose to the Gentlemen of the 
Councill that they would give their Sentiments touching the 
ffleets Sayling, whether it be possible the Maj r part of them 
can be ready by the last of the Month pursuant to the Com- 
mandores notice given to his Ex ncy of his intent of Sayling by 
that time, they make Answer that if the Ma rs of the Ships have 
any thing to say they desire they may appeare Vpon which 
his Ex ncy gave Cofnand that the said Masters attending 
according to Order might come and Accordingly appeared 
severall Masters who presented the following Peticon, Viz' 

To his Ex ncy the Govern' 

The humble Peticon of the Comanders of the Merchants 
Ships now trading -and lying at Anchor in the Ports of their 
Ma' s Province of Maryland 

Humbly Sheweth unto your Ex ncy 

That yo r Pet rs haveing been hindered by severall Impedim' s 
(as first the bad season for Making and Raising Tob: 2 dly the 
excess of Rain and ill weather occasioning great Trouble in 
rolling of the same when got ready Received, 3 diy the want 
of Sloopes) for the said and several other Reasons cannot pos- 
sibly be ready to Saile for England within the time appointed 
by the Commandore. 

Yo r Pet" do therefore humbly pray your Ex ncy that our time 
of stay for the dispatch of our necessary Business (for the 
Intrest as well of the Ma rs as our Owners) may be lengthened 
untill the last day of June that at which time wee do all 
Sincerly promise to be all ready loaden or unloaden at 
Kiquotan to set Sayle under Convoy of Cap' Crowe the Com- 
mandore aforesaid. 

And as in duty bound shall pray & ca 

Hump' Pellen j Tho. Jones ^ 

Jn° Gallon Jonat Scarth 

W m Lurling Hen. Munday I 



Tho. Emmes 
Tho: Worthington 
Tho. Hayes 



Sam" Phillips Jun r 
Oaniell Watts' 
Barth° Watts 



152 Assembly Proceedings, May 8-22, 1695. 



Original 


Robert Stephenson 


1 


Francis Fisher 


Journal. 


John Harris 




Nath. Hynson 




Daniel Bradly 


L 


Buskill 




Francis Harbin 


1 


Hump' Hygginson 




Joseph Scotting 




Abraham Wild 




Jeremiah Deable 


J 


George Phillips 



Afterwards his Ex ncy was pleased to Order, that if there 
were any Ma" attending who had any thing to Object against 
the said Petition they would come in and give the Board to 
Understand what they had to say upon which appeared 
Severall Masters who do say that they are ready to sayle with 
the Comandore, by the last of May, and that if they should 
stay till the last of June their Vessells would lay lyable to the 
Worm ; Whereupon it was Replyed by the Other Masters 
that the Maj r part of those Masters who oppose the stay of 
the ftleet till the Last of June, came in a long time before the 
Commandore, and are off and belonging to the out Ports. 

Ordered to be again Read the afore mentioned Petition, 
the which was by Directions of his Ex rcy given to the said 
Masters to put in Writing what Objections they had to Make 
against the Same who accordingly withdrew. 

Then were called in what Merchants were attending 
severall thereupon appearing ; most of which do say, that 
they believe the Whole body of the ffleet cannot be ready to 
sayle before the last of June. 

His Ex ncy is pleased to Represent, to the Board and the 
Rest of the Gentl, Ma rs and Merch ts present this Sentim' & 
opinion and in Relation to the Tob: Trade of this Countrey 
(namely) that According to the Observation his Ex rcy had 
made he finds there is commonly a month or six Weeks dif- 
ference betwixt the first and Last Ships of any ffleets coming 
into the Capes, 2 dly that after they are got in, they are some 
times a week or a fortnight a geting to their Port and sending 
their goods some fifty some a hundred miles, 3 dly When they 
are got to their Port, they are vsually as long before they can 
fit out their sloops in Order to bring their Tobacco on Board 
which they fetch some ffifty some a hundred miles, and lastly 
when they are loaded & Cleared for Sayling they may be 
hindred again by Contrary Winds before they can quit the 
Capes. 

To all which the Gentl of the Councill & others p r sent 
said to their knowledge affirm that the same was True. 

Proposed by his Ex ncy to Cap 1 Daniell if he had any thing 
to Offer in this Affaire signifying to him, that as he had heard 
the Debate of the whole matter he would be pleased to 
Acquaint the Comandore & Lords of the Admiralty (when he 



Assembly Proceedings, May 8-22, 1695. J 53 

got home) with the full proceedings herein, the which the said Original 
Cap' Daniell Promises to perform, and with all offers that if J ournal - 
the ships could be ready to joyne the Commandore by the 
midle of next month, it might perhaps incline him to tarry 
so long ; to which the masters Reply that they will have their 
Tobaccos all on Board by that time, but that takeing in their 
Water, Signing Bills of Loading and discharging themselves 
Cleare of the Countrey, will lengthen the time so furr, as that 
they cannot propose to joyne the Cofnandore sooner than the 
last of June. 

His Ex 1 " y directs himself to m r Speaker and proposes to him 
that (having heard all the debates upon the matter) he would 
acquaint the house therewith, and that if he had any questions 
to ask them, he would say it, the thing being of so consider- 
able moment to their Ma ts interest and service of the Coun- 
trey, who does say that he shall comunicate the same accord- 
ingly. 

His Ex ncy does demand (in their Ma ts name) that those 
Ma rs who have objected against the peticon, that they declare 
if they know any Reason why these other Ma rs cannot be 
ready to sayle sooner and where the impedim' lyes, and 
whether there has been any Neglect by the Ma rs Mer- 
chants or in the Governm' who do say that they believe the 
unseasonable of the weather has been the greatest occasion, 
and therefore can impute no neglect to the said Ma rs nor to 
the Governm' His Ex ncy does further (in their Ma ts name) 
demand of the Ma rs in generall what would be the best time 
for their Ma ,s Service, for the ffleets sayling from England to 
this Countrey — who do say that the begining of November 
will be the best time to Arrive here. 

His Ex ncy further proposes to the Ma rs & Merch 15 in Gen" if 
there be any Rivers within the Capes wherein they may 
secure their Vessells from the worm, to which it is Answered 
there are. 

His Ex ncy further proposes if they know any way which for 
the future may occasion their quicker dispatch out of this 
Countrey who do say that if tob Hhds be all provided ready 
against a set time tob stript early as Seasons present and 
Especially if Tobacco's be brought to certain Ports or Towns, 
the same will be a meanes to Make the Trade quicker. 

Brought in the following Petition which was Read at the 
Board. 

To his Ex ncy Francis Nicholson Esq r their Ma ts Govern r for 
their Province and Territory of Maryland. 

The Peticon of Diverse Masters of Ships and Vessells trad- 
ing into this their Ma ,s Province & ca 



154 Assembly Proceedings, May 8-22, 1695. 

Original Humbly Sheweth 

journal. 'Yhat whereas yo r Pet rs the Subscribers being Ma rs of Ships 
and traders into the Province, have been here a great while 
ready to Sayle, and nothing Else to do but wait your Ex ncies 
Motion & Cofnand to depart this Province, and considering 
that they lye at a Great Cost & Charge. 

Yo r Pet rs humbly pray yo r Ex ncy that they may be licensed 
to Saile and be dispatch'd that they may Return for England, 
they presuming to your Ex ncy that there is a Considerable 
ffleet which is now ready in this Province and Virg a to sayl, 
which your pet" humbly Offer to your Ex nci " Consideracon. 
And your Pet" as in duty bound 

Shall pray, 

Joshua Whiting 
Law. Swarbreck 
Tho: Philip 
W m Giddy 
Timothy Paine 
Walter Power. 

Which being read his Ex ncy acquainted M r Plater that he 
believ'd all those Masters Signing that Peticon were in his 
district therefor willed him to Satisfy the said Ma rs whether they 
were stopt or obstructed by any Embargo, who does say that 
he had Received no Orders for the Stopping any Ship, but 
contrariwise that all might cleare giveing Bond to go down to 
joyne the Commandore in Virginia. The Severall Ma rs and 
others being with drawn, his Ex ncy was pleased to propose to 
the Board what was proper to be done in this Affair. 

Who do offer that the whole matter be Recommended to 
the house of Burgesses for them to Represent the State of the 
same to the Comandore, but w th all that such Ships as are 
Ready now be Cleared, upon giveing bond to go down to 
Kiquotan to joyne the Commandore'there, and that all other 
Ships in like manner, be cleared as they get in Readiness. 

May 16 th 1695. 

The Clark of this Board sent to the house of Burgesses to 
Comunicate to them what the Board had done in Relation to 
the ffleets Sayling, Who returns again, being given in charge by 
the house to Acquaint his Ex ncy Hon rs that they will send their 
Result & opinion upon the same presently. 

Brought from the house of Burgesses by M r Tasker, M r 
Clarke and M r Frisby the following Message viz' 

To his Ex ,lcy the Govern' in Councill &" 
By the house of Burgesses May 16 th 1695 : — 
This house havein^ heard the debate of the Councill Board 



Assembly Proceedings, May 8-22, 1695. "55 

Relating to the Sailing of the Shipping now within this Prov- Original 
ince do Agree and concurr with all the reasons laid down J° urnal - 
therein and do say that they do believe that the great Rains 
that lately have been, have occasioned at least a Months loss 
of time, Secondly Wee say that it will conduce much to his 
Ma" Service and the Advantage of all his Subjects concern'd 
that the Commandore stay untill the last of June, by which 
time Wee reasonably conjecture all the ffleet may be ready at 
Kiquotan to Attend & waite the Motion of the Comandore. 
Signed *p Ord r W Bladen Clk Assembly 

The hon ble John Courts and James Frisby Esq" (upon some 
Urgent occasions calling them) crave leave of his Ex ncy and 
the Board to Retire home which was granted them. 

May 17 th 1695. 

Councill again Sate and were Present as before Except M r 
Courts and M r Frisby. 

Presented unto his Ex ncy by Severall Persons, called Quakers 
a Peticon byway of Address, Wherein among severall Articles 
therein laid down they do say that they are rendered incapable 
to serve the King or their Countrey being vnder Scruple of 
Conscience and Cannot swear so that if they see a felonious 
Act committed or hear any seditious Words Spoken, they 
cannot without great danger to themselves discover the same 
because they cannot give such formall Testimony as the Law 
requires, and so the parties Escape for want of such testimony 
and actions brought against them for slander or defamation 
perhaps for their paines: Whereupon his Ex ncy demanded if 
they did not think they were Obliged to discover such Matters, 
being Made privy to them Who make Answer they do hold 
themselves Obliged. In another Article they say they have 
not afforded them the birth Right of an English Man ; To 
which his Ex ncy demands if they did not Receive in this Prov- 
ince Right and Priviledge equall with their Bretheren in Eng- 
land Who confess they do, but they Expected some other 
priviledges haveing been at great charge & Expences in the 
helping to serve this Governm' Ordered that the s d peticon be 
Referred to the consideration of the house of Burgesses and 
was sent down by the hon 1,le Col John Addison & Thomas 

To which the following Answer was sent. Viz' 

By the house of Burgesses May 17"'' 1695. 

As to the first part of this Petition, Viz" the dispensing with 
taking the Oathes, tis the Opinion of this house, that it is 



156 Assembly Proceedings, May 8-22, 1695. 

Original Expressly contrary to the known Laws of the Kingdom of 
journal. E n gi anc [ anc l therefore not soe to be dispens'd with and as to 
the Other part of the Peticon relating to the 40 1 tob: -p poll, 
this house will not make any distinction, but continue the 
Pet" under the same circumstances with all other their 
Ma ls good Subjects of this Province, as to the paym' thereof. 
Signed *p Ord r W. Bladen Clk Assembly. 

Special! Comission for the tryall of the Murtherer produced 
& read, was approved off, Signed by his Ex ncy & passed the 
Broad Seale of the Province. 

Post Meridiem Esq r Randolph aded. 
Brought from the House of Burgesses by Coll Herman, 
Maj r Whittington & M r Smithson the two following Messages, 
Viz' 

To his Ex ncy the Govern" in Councill & ca 
By the Burgesses of Assembly, May 17 th 1695. 
This house do humbly Represent to your Ex ncy that Whereas 
M r Thomas Smithson was appointed by your Ex ncy to be Navall 
Officer at the Port of Oxford to receive the Import upon 
Liquors imported & ca Wee are informed the said Smithson is 
dismissed from executing the said Office, and the same totally 
neglected to the great damage of the whole Countrey Where- 
fore Wee humbly request yo r Ex ncy will be pleased to Redress 
the same. 

Signed -p Ord r W Bladen Clk Assembly. 

By the House of Burgesses May 17 th 1695: 
This house Recommend to his Ex ncy that Maj r John Thomp- 
son be appointed Receiver of the Impost upon Liquo rs at the 
head of the Bay, he Liveing very convenient for the Same. 

W Bladen Clk Assembly. 

To the first his Ex ncy directs them to acquaint the house that 
he is sorry there should happen any loss or Damage, but that 
he never gave any Ord" for dismissing the said Smithson from 
his said Office, and therefore Expects he render an acco* pur- 
suant to his comission, he haveing been sworn fully to 
Execute the said Trust. 

the other Message his Ex ncy does readily agree to. 

Saturday May the i8 lh 1695. 
Councill again Sate & were all present except 
Coll Greenberry, M r Courts & M r Frisby. 
Read the following Bills Presented from the House of Bur- 
gesses to this Board, Viz' 



Assembly Proceedings, May 8- 22, 1695. *57 

An Act for setling Ann Arrundell County Court house, Original 
Read and will pass with Amendm' JournaK 

An Act for Naturalization of M r Matts Freeman & others, 
Read first time and passed. 

An Act for Ascertaining the ffees for Naturalization, Read 
first time and will pass with Amendm' 

An Additionall Act to the Act for Probat of Wills, Read first 
time & will pass with Amendm' 

An Act for the Restraining the frequent Assembling of 
Negros within this Province, Read first time and passed. 

An Act for securing of Adm rs & Ex rs from double paying 
of Debts Read second time & passed. 

An Additional Act to the Act for Religion read first time & 
consid rcd that it be proposed to the house that a Clause thereto 
be aded for the Vestreymen, Church Wardens & Clerkes of 
the parishes to take the Oathes appointed by Act of Parliam' 
to be taken instead of the Oathes of Allegiance & Supremacy 
& to Subscribe to the Test, and for particular Oathes to be 
framed for the said persons to take for the due performance 
of their respective Duties ; which was accordingly Signifyed to 
the house, his Ex ncy (at the same time) Recommended unto 
them that they would Endeavour, after those Addicons made 
to get the said Law to pass under the Broad Seale of Eng- 
land, being pleased to acquaint the house that he would be at 
the Charge thereof for the good and benefitt of the Countrey. 
Brought from the house of Burgesses by M r Clarke, Maj r 
Ennalls Coll Hinson Coll Pierce, Cap' Tasker & M r Lowe the 
following Message of thankes & ca 

To his Ex ncy the Governor in Councill &" 

By the house of Burgesses May 18 th 1695. 

This house, do Returne your Ex ncy their most humble & 

hearty acknowledgm' 5 for your Ex ncie5 most kind & Generous 

offer as to defraying the Charge of passing our Acts relating 

to religion. 

Wee are deeply sensible not only of your Gen'ous Offers 
but Noble Acts and must ever acknowledge ourselves with 
our Posterities most infinitly obliged to your Ex ncy 
Signed -p Ord r 

W Bladen Clk Assembly. 

The Hono ble Coll Nich° Greenberry comes and takes his 
place at the Board sent from the house by Maj r Whittington 
Maj r Hamond & M r Boothby the following Bills, Viz' 

Act for Regulating Ordinaries &" Read first time and will 
pass with Amendm' 



158 Assembly Proceedings, May 8-22, 1695. 

Original An Act for laying an Imposition upon Negros & Servants 
journal. j m p 0r t e d, Read first time & and will pass with amendm" 

An Act for the Raising a Supply towards the defraying the 
publick Charge of this Province, read first time & will pass 
with amendm' 

The aforegoing Bills Referred to be considered off (as to 
the Amendm' 5 ) in a conference with the house, And being sent 
to, do accordingly attend his Ex ncy and their hon rs 

The said severall Bills being produced & perused w' h 
amendm' 5 propos'd were, after some debate upon the same 
had agreed to. 

His Ex ncy is pleased to Recommend to the Board that the 
Publick Acco ts of the Revenue may be all stated & adjusted 
before the breaking up of the house And thereupon produced 
Copy of the Lords of the Treasuries Letter of the 24 ,h of 
August 1694: Attested for a True Copy under a Notary 
publicks hand, being directed to George Plater Esq r their 
Ma' s Receiver & ca which being Read was found to Signify that 
thereby he was directed to Returne over Bills for the Duties 
arising from the Maryland fHeet, which was in the Countrey 
before Govern" Copleys death, pursuant to Order of Councill 
of the 26 th of July last past; to which his Ex ncy does say he 
has already given Orders to M r Plater his Ma' 5 Receiver Gen" 
to Draw forth List of the said Shipping with the time of 
their going out and Coming in, together with an Acco' of 
their Loading as also to set down the Exact time of the said 
Govern' Copleys dying, so that the true state of that affair may 
be Rightly laid before his Ma ty . 

Munday May 20 th 1695 

Councill Again Sate and Were 

Present 

His Ex ncy Francis Nicholson Esq r Cap' Gen" & ca 
f Coll Henry Jowles ] Coll David Brown 
The hon ble J Coll Nich 1 Greenberry [ Thomas Brooke Esq r 
"1 Thomas Tench Esq' j Edward Randolph Esq 
[ Coll Charles Hutchinsj 

Came from the House of Burgesses M r Cheseldyn, M r 
Clarke, M r Lingan, M r M r Dent & M r Hutchinson, 

signifying that they were sent from the House to ask leave to 
see his Ex ncies Mapp of this Province & take his direction for 
the dividing Sn' Maries Calvert and Charles Countys; Which 
accordingly being produced and Laid before them, it was 
agreed upon that Sn' Maries County bounds begin on the 



! 



Assembly Proceedings, May 8-22, 1695. 159 

lower side of Birds Creeke on Potomock River and so runne original 
to the lower side of Indian Creeke on Potuxent River. Journal. 

That Charles County Bounds begin on the Upper side of 
Birds Creeke and rune to the Upper side of Indian Creeke af d 
New County to begin at the Upper side of Mattawoman 
Creeke and to Rune to the upper side of Swansons Creeke; 
all the upper side of the said Creekes to be in the new County 
(to be called Prince Georges County.) and the lower side of 
the said Creekes to be in Charles County, And that the 
divisions be streight lines from the heads of the said Creekes, 
and proposed that there be a Clause in the Act for setting Sn' 
Maries County Courts to be kept in Sn 1 Maries City and that 
the State house there be for a Courthouse & Church, the Act 
to take place 23 th of April next being Sn' Georges day. 

The hon bl= Coll George Robotham Comes and takes his 
place. 

Brought from the house the following Message Viz' 

To his Ex ncy the Govern' and Councill & ca 

By the house of Burgesses May the 20 th 1695. 

Wee Signify unto your Ex ncy that Wee have agreed with 

Coll Casparus Herman and have concluded he shall build the 

new Court house as formerly proposed with little or no 

alterations, Viz' 

That Whereas the Shingles were to be upon planck they 
shall be upon Laths And whereas the house was to be all of 
Brick worke it is to be of stone up to the Water table for the 
Building whereof he is to have Two hundred thousand pounds 
of tobacco & Two hundred and ffifty pounds Sterl : to be paid 
thus, Viz' one hundred thousand pounds of tobacco this Leavy, 
one hundred pounds this yeare, one hundred thousand pounds 
of tobacco the next year and one hundred and ffifty pounds 
Sterl. upon the finishing the worke, 

Wee also have appointed Cap' Hill, Maj r Hamond & Coll 
Ridgley to be Overseers to see the Worke well done. To all 
which Wee desire your Ex ncy and Councills consent and Appro- 
bation. 

Signed *p Ord r 

W Bladen Clk Assembly. 
May 20' 1 ' 1695. 
Assented to by his Ex ncy and Councill 

Hen. Denton Clk Concil 

To his Ex ncy the Govern' in Councill & ca 
By the House of Burgesses May the 20 ,h 1695. 
This House have considered your Ex nciM Proposall relating 



Origina 
Journa 



1 60 Assembly Proceedings, May 8-22, 1695. 

[ to a Post or publick Messinger and have Resolved to allow 
unto M r John Perry ffifty pounds sterl : p annum on condition 
he discharge all publick Messages and pacquets as your Ex ncy 
shall direct, and also disburthen the Province from all charge 
whatsoever by meanes of any Messinger imploy'd for the 
Service of the same. 

Signed p Ord r 
W Bladen Clk Assembly. 
May 20 ,h 1695 

This Board do propose that the aboue Matter may be 
settled and adjusted according as it was first Offer'd to your 
house for which you are Referred to your Minutes. 

Hen. Denton CI Concil. 

May 22 >h 1695. 

Brought from the house of Burgesses the houses answer & 
proposall in relation thereto, Viz' 

To his Ex ncy the Govern' and Councill 
By the House of Burgesses May 2 2 d 1695. 
Wee do conclude that M r John Perry do consent thereto 
that is to say to go Eight times p year betwixt Potomack and 
Philadelphia in this manner, Viz' from such place on the North 
side of Potomock as your Ex ncy shall appoint to such place in 
Petuxent as your Ex ncy shall direct and so to Annapolis, from 
thence to Kent and so to William Stadt and from thence to 
Daniell Toas's and so to Adam Petersons and from thence to 
New Castle & so directly to Philadelphia and returne the same 
way back again to Potomock and at all those places receive 
carry bring and Leave all pacquets and letters of and for the 
Inhabitants of this Province, at his nearest Stages according to 
the Directions thereof, and take no gratuity or Reward for 
carrying any letters from this province to Philadelphia or 
bringing any from Philadelphia hither, and delivering the same 
according to the Directions at his nearest Stages, And 

if further occasion shall require shall go to New Yorke, Vir- 
ginia or Else where, as his Ex" Ly shall direct, he shall be 
allowed by the Publick ffifty pound Sterl. p annum 

Signed p Ord r 

W Bladen Clk Assembly. 

May 22 th 1695. 

Assentened to by his Ex" cy and Councill ; and Ordered that 
the said Post begin his stages as follows, Viz' To begin at 



Assembly Proceedings, May 8-22, 1695. IDI 

Newtons point upon Wiccocomaco River in Potomock and so Original 
to proceed on to Aliens Mill from Aliens Mill to Benedict J° urnal - 
Leonard Town, from Benedict Leonard Town over Petuxant 
River to M r George Lingans, from M r Lingans to M'Larkins's 
and so to South River and Annapolis and from thence to go 
the Stages and performe the conditions aboue proposed for 
the consideration aforsd: 

The said John Perry being called in, and the aboue Pro- 
posals read unto him he consented to the same and agreed 
to begin his stages at Newtons Point & so forward (God will- 
ing) last Munday of June next. 

Ordered that Proclamation issue accordingly to give notice 
to the Inhabitants of the Countrey of the Agreem' af d made, 
which pursuant thereto issued, was signed by his Ex ncy and 
passed the Broad Seale of the Province 

Read the two following Bills brought with the aforegoing 
Messages, Viz' 

An Act for Reviving the Temporary Laws of this Province, 
read first time and passed. 

Act for laying the publick Leavy Read first time and passed. 

The said Two Bills with M r Gibbons Petition for allowance 
referred together with proposalls touching fforraigners running 
up and down the Province pedlingin their Sloops and Shallops 
& ca sent down to the house by M r Tench and M r Brookes. 

The hon bIe Coll Nicholas Greenberry craves leave of the 
Board to Retire home for this night, which was granted him. 

Tuseday May 21 th 1695. 

Covncill again Sate and were Present as Yesterday, Brought 
from the house the following Bills which were 

Act for laying of the Publick Leavy ; read 2 d time & Act 
for Reviving of the Temporary Laws of this Province [read] 
2 d time and passed. 

Act for Assessing 3 d p hogshead for this present year read 
first time and passed. 

An Act for an Explanatory Act to the Act of repeal of Laws 
& confirming all Laws made this Gen" Assembly read first time 
& passed. 

An Act for the Division & Regulating Severall Counties 
within this Province and Constituting a County by the name 
of Prince Georges County in the same, Read first time and 
passed. 

Brought from the house the following pap rs relating to the 
3 d -p hh d Viz' By the house of Burgesses, May the 20 ,h 1695. 

Resolved by the house that the Revenue arising by the 
Act for Imposicon of 3 d -p hogshead for service of this Province, 



1 62 Assembly Proceedings, May 8-22, 1695. 

original being to be Lodged in M r Thomas Taskers hands is to be dis- 
joumai. posed off by his Ex „ cy the Govern' & Councill for their Ma ts 
Service, whereof an Acco' is to be Rendered to the next Ses- 
sion of Assembly. 

Signed p Order W Bladen Clk Assembly. 
May 21 th 1695. 
Assented to by this Board. 

Hen Denton Clk Concil. 

An Additionall Act to the Act for regulating the Militia, 
read and Ordered to be Drawn up, severall Remarks thereon 
to be sent to the House which was done as follows, Viz' 
By his Ex ncy the Govern 1 and Councill in Assembly. 

May 2i lh 1695. 

In the Addiconall Act to the Act for Regulating the Militia 
within this Province, this Board does recomend that the ffoot- 
men have a Gun & Cutlace or a Bayonet and a Cartouch Box. 

That the ffynes therein be appropriated towards buying of 
Drums and Trumpets & ca 

That the Armes and Amunicon which belong to his Ma ty be 
not Medled with ; which amendm ts being made this Board are 
willing to pass the said Bill. 

Recommended likewise that there be a person appointed to 
Execute the Office of Muster Master or Agitant on each side 
of the Bay who shall be obliged to Muster & see Exercised 
the severall Troopes and Companies six times Every year 
besides the Gen" Muster And that Two pounds of tob. -p poll 
be settled upon each of the said Officers. 
Sent by Coll Hutchins. H Denton CI Concil. 

Answer thereto Sent as follows, Viz' 

By the House of Burgesses May 21 th 1695. 

In Answer to the Message by the Hon ble Coll Charles 
Hutchins from yo r Ex ncy and Covncill, Wee have seriously & 
deliberatly consulted the same And thereupon Resolved that 
the poverty & low circumstances of the people of this Province 
renders them unable to comply either with the injunctions or 
Penalties in the said Messuage Proposed, And therefore Wee 
cannot concurr to the said Amendments 

And therefore it is here resolved that the said Bill be laid by 
at this time, it being the sence of this house that the former 
law is sufficient at present till the people be more able to 
Comply with further Injunctions To which Wee humbly pray 
your Ex ncy & Councills Concurrence 

Signed -p Ord r W Bladen Clk Assembly. 



Assembly Proceedings, May 8-22, 1695. l &3 

The following Proposall sent to the house, Viz' Oi 

That if the Publick accounts Cannot be all adjusted now, 
that the house appoint a Comittee for the same of some Mem- 
bers liveing near this place. 

Brought by Cap' Tasker & Cap' Dent the following Bills 
fairly Engrossed, Viz' 

An Act for setling Ann Arrundell County Court House at 
Annapolis within the same County. Assented to according 
to Engrossm' 

An Act for securing of Adm" & Ex" from double paying 
of Debts & limitting of the time for paym' of Obligations 
within this Province Assented to as afd. 

An Addiconall Act to the Act for the better Administracon 
of Justice in Probat of Wills granting Administracon, recover- 
ing of Legacies & securing of filia.ll portions, Assented to 
as afd. 

An Act for Regulating Ordinaries and limiting the Number 
of them within this Province, Assented to as afd. 

An Act restraining the ffrequent Assembling of Negro's 
within this Province Assented to as aforesaid. 

An Act for the laying an Imposition upon Negro's Slaves 
& White Servants imported into this Province Assented to 
as aforesaid. 

An Additionall Act to the Act for Religion the former 
Amendm' 5 therein agreed to, being left out, proposed that the 
Minister be Exempt from any ffyne ; that the Booke be found 
at the Parish Charge, that instead of saying the Oathes of 
Allegiance and Abhorrency it be said the Oathes Appointed 
by Act of Parliam' to be taken instead of the Oathes of Alle- 
giance and Supremacy, And that a Clause therein be incerted 
against Common Swearers and Drunkards. 

Brought from the house by M r Boothby & M r Lowe the 
following Bill, Viz' 

An Addiconall Act to the Act for Ports, read and proposed 
that no Accons be brought in the said Courts exceeding the 
Sume of 1 oo 1 Sterling or 20000 1 tob: And that no Appeal be 
allowed vnder the sum of 50'" Sterl: and that therein it be 
provided that my Lord Baltimores Officers be obliged to 
Reside in the Ports of Annapolis and William Stadt as well as 
the Collectors & Navall Officers. 

The said Proposalls accordingly were delivered into the 
of this Board. 

Proposed also that the Bounds of the Port of Oxford that 



164 Assembly Proceedings, May 8-22, 1695. 

Original they rune the Line by Lowe Water Mark and so conclude and 

Journal. CQme tQ ^ fj rst ant j ent 



Wednesday May 22 th 1695. 

Councill again Sate and Were present as yesterday. 
Brought from the house the following Message relating to 
the Addiconall Act for Ports, Viz' 

To his Ex ncy the Govern' and Councill &" 

By the house of Burgesses May 22 d 1695: 

Upon Reading the Addiconall Act to the Act for Ports & 
Towns, there being many things new and of great Moment to 
this Province, and Many of the Members of this Assembly 
being Absent as by the Journall appears. It is thereon 
Resolved that a Matter of so great Moment as the Bill con- 
taines is not fit to be compleated at this time but that the 
same be Referred to the Next Sessions of Assembly. And in 
the mean time that Copyes of the Bill be given to M r Speaker, 
M r Cheseldyn, M r Boothby M r Clarke Maj r Thompson & Cap' 
William Dent to Consider of the same and make Report 
thereof to the next Sessions of Assembly. Wee have also 
Received no new Bills be brought in, this Sessions. 
Signed *p Ord r 

W Bladen Clk Assembly. 

To which said Message the following answer was sent Viz' 

By his Ex ncy the Govern 7 & Councill & ca 
May 22" 1 1695. 
This Board has perused your houses Message touching the 
Additionall Act proposed to the Act for ports and do agree to 
the same, but withall that severall other matters be Recom- 
mended to be taken notice of & inserted in the said Bill such 
as this Board shall Offer. 

This Board does Recomend that the Port of Oxford be laid 
out pursuant to proposalls yesterday made to the house, not- 
withstanding the present Suspension of the aboue mentioned 
Bill or Act. 

It is proposed to the house for their Ma' s Service and good 
of the country what Order shall be made for those Ships sayling 
which shall come in or stay in the Countrey after the ffleet is 
gone. 

Signed p Order H Denton CI Concil. 



Assembly Proceedings, May 8-22, 1695. 165 

proposall the Result of the House was as follows Viz' Original 

1 * Journal. 

By the house of Burgesses May 22 d 1695. 
Opinion of the house that it will be for their Ma' 5 Service, 
that the ships that stay or shall come into this Province after 
the present ffleet is gone May be cleared as fast as fill'd, and 
leave the same to his Ex ncies discretion. 

W Bladen Ok Assembly. 



May 22 th 1695. 

Assented to by his Ex ncy and Councill 

H Denton CI Concil, 

Brought from the house of Burgesses by Maj r Thompson 
and Maj r Whittington the Additional Act to the Act for Ports 
& will pass upon their adding a Reserve to be made for Pub- 
lick Buildings, & ca 

Recommended by his Ex ncy to the House that the Right 
Hon ble W m Blathwayt Esq r be considered from this Countrey 
as their Ma ts Auditor Gen r all (according to the Letter his 
Ex ncy Writt to him, And that M r Povuy be considered as being 
Agent for the Countrey ; his Ex ncy being pleased to acquaint 
them, that he would advance Money for the said End and 
purpose, if they were in any present Want. 

Answer thereto as follows, Viz' 

To his Ex ncy the Govern r and Councill. 
By the House of Burgesses May 22 d 1695. 
This House having well considered of your Ex ncies Pro- 
posals touching the gratifying the Hon ble Esq r Blathwayt & M r 
Pouvy do returne your Ex ncy our hearty Thanks for your Gen- 
erous Offer, but find ourselves altogether incapable at this 
time to gratify the afd Gentl: being at present Willing to 
satisfy all such Obligations as this Province now lyes Under. 
Signed p Order W Bladen Clk Assembly. 

Brought from the house the following Papers, Viz' 

Wednesday May 15"' 1695. 
Resolved that M r William ffrisby be joyned with S' Thomas 
Lawrence to present our Addresses to his Ma' 1 ' and Sollicit 
the other Business of this Province. 

W Bladen Clk Assembly. 



166 Assembly Proceedings, May 8-22, 1695. 

Original May 2 2 th I 695. 

Journal. 

Assented to by his Ex ncy and Councill 

Hen Denton CI Condi. 

May 22 d 1695. 

Resolved that Maj r John Hammond, Maj r Edward Dorsey 

Mr. James Saunders and Cap 1 Richard Hill be a Committee 
to inspect the accounts of the I s -p hogshead since the Revo- 
lution. 

Resolved one brass halfe hundred Weight be sent for by 
the Justices of the severall Counties, to be kept by the Clerks 
of the counties-only for trying the County standard by. 

Resolved M r Charles Carroll be admitted to Speake as 
Councill, as to the Managem' of my Lord Proprietaries 
concerns. 

W Bladen Clk Assembly. 

May 22 th 1695. 
Agreed to by this Board. H Denton CI Concil, 

Post Meridiem. 

Brought from the house of Burgesses by M r Boothby, M r 
Smith, M r Saunders and M r Lowe the severall Bills (formerly 
here presented) now fairly Engrossed and made up for the 
Assent of this Board to the same, Signifying that they were 
given in charge by the House to acquaint his Ex ncy that the 
Resolved to Enter upon no new Matter, therefore prayed 
to be informed from his Ex ncy when the house should waite 
upon him to present the same for his Ex ncies passing. 

They are told Notice shall be given them. 

The said Severall Bills being inspected & perused by their 
Ma ts hon ble Councill were Assented to & The said Severall 
Bills (as to their Titles) are as follow, Viz' 

An Additionall Act to the Act of Religion. 

An Act for setling Ann Arrundell County Court at the 
Port of Annapolis within the same County. 

An Act for securing of Adm rs and Ex rs from double paying 
of Debts and Limiting of the time for paym' of Obligations 
within this Province. 

An Addiconall Act to the Act for the Better Administracon 
of Justice in probat of Wills Granting of Administracons, 
Recovering of Legacies and securing of filia.ll portions. 

An Act for the Regulating Ordinaries and limiting the 
Number of them within this Province. 



Assemdfy Proceedings, May 8-22, 1695. l6 7 

An Act restraining the frequent Assembling of Negro's Original 
within this Province. JournaK 

An Additionall Act to the Act for Ports. 

An Act for the Raising a Supply toward the defraying of 
Publick charge of Province. 

An Act for the laying an Imposition upon Negros Slaves & 
White [Servants] imported into this Province. 

An Act for Naturalizacon of Matthias Matthison als ffree- 
man & oth r s. 

An Act for ascertaining the ffees for Naturalization. 

An Act for assessing of 3 d p hogshead upon Tobacco 
towards the defraying the Publick Charge of this Province. 

An Act for the division & Regulating severall Counties 
within this Province and Constituteing a County by the name 
of Prince Georges County within the same Province. 

An Act for Laying the Publick Leavy. 

An Explanatory Act to the Act of Repeale of all Laws 
heretofore made in this Province and Confirming all Laws 
made this Gen" Assembly. 

An Act for reviving the Temporary Laws of this Province. 

An Addiconall Act to the Act for Regulating the Militia of 
this Province. 

The Hon ble Thomas Tench and Thomas Brooke Esq" sent 
down to the House to acquaint them that his Ex ncy is ready to 
pass the severall Engrossed Bills (this day presented at the 
Board) into Laws & therefore desired them to Walke up. 
And accordingly came M r Speaker'Attended with the Mem- 
bers of the house, who presenting the said Bills unto his Ex ncy 
for his Assent, were by his Ex ncy Subscribed to as follows, Viz' 

May 22 th 1695. 
On behalfe of their Ma ts King Wiliam & Queen Mary I will 
these to be Laws Fr: Nicholson. 

Afterwards the same were passed vnder the Broad Seale of 
the Province and delivered by his Ex ,,cy vnto the Hon ble 
Thomas Brooke Esq r Dep ,y Secretary to be lodged in the 
secretaries Office with Charge that the same should not be 
carried or Removed out of that Office. 

His Ex ncy acquaints the Speaker that he prorogues the House 
till the Tenth day of September next, but in case there should 
be a Necessity to call them sooner, they may expect Notice 
to be given them by Proclamation. 

Thus Ended this Sessions of Assembly. 
True Copy Ex ad *p 

Tho. Brooke Dep ty Secre. 
Hen: Denton CI Concil. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 

At a Session held at Anne Arundel Town, 
May 8-22, 1695. 

CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE LOWER HOUSE. 



Journall of the House of Assembly. ° ri s 

Maryland ss : p °k 

Begun and held at Ann Arundell Towne in 
Ann Arundell County, on the Eighth day of May in the Sev- 
enth year of the Raign of our most Soveraign Lord and Lady 
William and Mary by the Grace of God, of England, Scotland, 
France and Ireland King and Queen Defenders of the ffaith 
&c. Annoq Dni : 1695. 

The Third Sessions, 

The house of Assembly being adjourned (by order of his 
Excellency Francis Nicholson Esq r their Majesties Governor 
in Chief in and over this their province and Territoryes of 
of Maryland &c:) from the first day of March 1694. until the 
eighth day of May next ensueing, Mett at Ann Arundell Toune 
in Ann Arundell County according to the said adjournment 
upon Wednesday being the Eighth day of May in the year of 
our Lord 1695. 

And the Honble Robert Smith Esq' Speaker haveing taken 
the Chair, Ordered the house to be called over. 

Which consisted of the following Members, Viz' 

S' Mary's City. 
M r John Watson and Cap' Tho 5 Waughop. 

S' Mary's County. Calvert County. 

Kenelm Cheseldyn Esq ^ M r Tho s Greenfield J 

Robert Mason Esq I M r Francis Hutchins 

M r Philip Clarke f M r George Lingham 

Capt John Bayne J Thomas Tasker Esq. 

Kent County ] Charles County ] 

Coll Hans Hanson ) M r Henry Hawkins 

Coll John Hinson }- Maj' James Smallwood 

Maj r Tho s Smith | Cap' W m Dent 

M r W m Frisby ) M r W m Hutchison J 

Ann Arundell County ") Baltimore County "] 

Maj r John Hamond | M r Edw' 1 Boothby 

Maj r Edw d Dorsey { r M r Francis Watkins 
Cap' Rich' 1 Hill Maj r Thomas Ennalls 

M r James Saunders J M r Thomas Hicks 



172 Assembly Proceedings, May 8-22, 1695. 

Original Talbott County 

Journal. 

Robert Smith ) f Major Thomas Smithson ) 

Coll° Henry Coursey j and \ M r Nichol : Lowe J 

P' " Somsett County ] Dorchester County ~) 

Major William Whittington M r John Pollard 
M r Mathew Scarborough I M r Henry Hooper 
M r Thomas Dickson Major Thomas Ennalls 

M r John Bosman j M r Thomas Hicks 

Cecill County. 

Coll Casparus A: Herman 1 j Col° S' Leidger Codd 

Col W m Peirce j and ( Maj r John Thompson 

Upon calling oyer the house the following Members were 
absent (viz:) Cap' Thomas Waughop, M r Robert Mason, 
M r Philip Clarke, Cap' John Bayne, M r William Frisby, M r 
James Saunders, M r W™> Hutchison, Major W m Whittington 
M r Mathew Scarborough, M r Thomas Dickson, all the Dele- 
gates of Dorchester County, Col° W m Peirce and Colonel 
S' Leidger Codd 

The house adjourned till Eight a Clock to Morrow Morning 

Thursday May the 9 th 1695. The house mett. 

M r Cleborne Lomax being Clarke of Charles County Court 
haveing other business which may hinder and impede him 
from attending as Clarke of this house prays the house to be 
dismissed from the said Place and office, and it is granted 
him. 

Voted whether M r Robert Goldsborough or M r Willm 
Bladen be Clarke of this house. Carryed by a majority of 
voices M r William Bladen, M r Edward Boothby and Major 
James Smalwood sent with the said Bladen to present him to 
his Ex cy for his approbaccon. 

Who returne to the house and say they have presented him 
to his Ex cy who approved of him and Administered to him the 
usuall Oaths which the said Bladen took, and subscribed to 
the test. 

Whereupon the said Bladen is admitted Clarke of the 
house according to the former Vote and his oaths. 

And thereupon M r Cleborne Lomax was dismissed and 
departed the house. 

Message to his Ex cy the Governor in Councill. 

By the house of Burgesses May the 9" 1 1695. 
Whereas the sad Reporte of the Death of her Sacred 



Assembly Proceedings, May 8-22, 1695. ! 73 

Majesty Queen Mary of blessed Memory fell under the Con- Orig 
sideracdn of this house, It does appear that his Ex cy the ^ our 
Governor and many private persons within this province have 
letters expressing and affirming the Same for truth (this 
house therefore to take of all occasion of scandall which may 
be cast upon the Service enjoined by the Church of England 
by the adversaries thereof, have thought fitt that her late 
Majestys name be omitted in publique prayers, and further, it 
is by this house considered that upon so great a loss we can 
do no less than with great grief condole the Same. 

We therefore do humbly request his Ex cy will be pleased to p. v. 
Joyne with this house in setting a part a solemn day of humili- 
ation for that Service. 

Signed p order 
W Bladen Clk of Assembly. 

The above message sent by M r Thomas Tasker and Maj r 
Ja s Smallwood 

The House appointed of the Committee of Agrievances, 

Major Thomas Smithson ) Leiu' Col° Hans Hansen ) 
M r John Watson ) M' Francis Hutchins j 

M' Robert Goldsmith, appointed clerk of this Committee. 

And the Committee sent out. 

Ordered by the house that Cap' William Dent and Major 
John Thompson inspect and look over the last Journalls of 
this assembly (viz:) those of September and Feb ry 1694 and 
make Reporte of what they find referred to this present 
sitting. 

The house Adjournes till one of the clock in the afternoone 

Post Merediem. The house mett, and was called over, and 
were absent, Cap' Waughop, M r Cheseldyn, M r Mason Cap' 
Bayn, M r Frisby, M r Saunders, M r Hutchison, Major Whitting- 
ton, M r Scarborough M r Dickson, all Dorchester County 
Delegation, and Coll S' Leidger Codd. 

M r Frisby Enters the house. 

An Act for encouragement of such as shall make Hemp 
and Flax, being referred to this sessions was read. 

Voted what encouragement shall be given for the convert- 
ing Hemp and Flax into Cordage. 

Carryed by Majority of Voices. 

An hundred pounds of Tobacco, to be allowed out of the 
County levy to each person converting an hundred pounds of 
Hemp or Flax into Cordage. 

An Act secureing Adm rs and Ex" from double payment of 
Debts and lymitting the tyme tor payment of obligations 



174 Assembly Proceedings, May 8-22, 1695. 

within this province, being referred to this sitting of Assembly, 
was read the first tyme. 

Upon Reading the petition of M r John Lillingston, 

Resolved that all those private acts made in Governor 
Notleys tyme be explained and confirmed as to naturaliza- 
tion &c: 

Resolved that the Act for regulateing Ordinaryes and 
lymitting the number of them be drawn up a new with certain 
additions as this house shall direct 

The house Adjourns till 7 a Clock to morrow morning. 



Fryday May the 10 th 1695, 

The house mett, and ordered to be called over, were absent 
M r Saunders, Cap" Hill, Coll Codd, M r Ferry, M r Lingham 
M r Hutchison, M r Pollard, and M r Dickson. 

Then was ordered to be read over what was done Yes- 
terday. 
13 After which appointed of the Committee of Accompts. 

Cap' Willm Whittington \ M r George Lingham 
M r Robert Mason > M r Francis Watkins 

Major Thomas Smith ) M r Thomas Greenfield 

M r Cleborne Lomax chosen clerke of this Committee. 
Appointed of the Committee of Lawes. 

Capt. William Dent ) Major John Thompson 

M r Edw d Boothby \ Cap 1 Rich d Hill 

M r Nicholas Lowe j M r Mathew Scarborough 

M r Christopher chosen clerke of this committee. 

M r Willm Cooper chosen clerke Assistant. 

Message from his Ex cy the Gov r in Councill, by the honble 
Col Charles Hutchins, Colonel George Robotham and Cap' 
Jn° Courts. 

By his Ex cy the Governor and Councill in Assembly May 
the 9 th 1695. This Board does readily concurr with the 
message of your house by M r Tasker and Major Maxwell 
touching her Sacred Majestys decease of ever blessed 
memory, and pursuant thereto have appointed Saturday next 
to be observed and kept as a Day of Solemn Fast and 
Humiliation by the Generall Assembly and all others resideing 
in and about this city upon the said occassion.and by all others 
inhabiting and resideing within the se v rall countyes of this 
province, on the last day of May instant, to which end procla- 
mation is ordered to be issued accordingly. 



Assembly Proceedings, May 8-22, 1695. x 75 

His Ex cy in Councill is also pleased to Signifye and does orig 
in particular recofhend, that as well the severall members of J our 
the house of Burgess, as of this Board, as likewise all officers 
and persons of fashion doe put themselves in mourning for 
the said Solemnity and yeare ensueing. 

Signed -p order 
Hen: Denton Clk: Councill. 



The house adjournes for an houre. 

The house again mett and ordered to be called over. 

Were absent, Cap' Waughop, M r Saunders, M r Hutchinson, 
M r Ferry, M r Dickson, M r Pollard and Coll° Codd. 

Cap' William Dent and Major Thompson bring in theire 
Reporte as followeth. To the Honble the Speaker, and the 
Burgesses of the house of Assembly. 

In obedience to your comand we have inspected the Jour- 
nalls of the assembly, held in September and Feb r y 1694 in 
6 ,h and 7 th years of their Matys Raign. 

And thereupon we Reporte as followeth. 

That a Report was made by the committee of priviledges 
at the assembly at S' Marys 1694, that the method for 
Settling Glebes and Chappells of each parish mentioned in 
the I2 lh folio of the said Journall was referred to the next 
Sessions of Assembly. 

That a conditional! Law be proposed about prosecuting P . 
Runaway Servants and Debtors, runing out of Virginia into 
this province, and out of this province into Virginia, in case a 
Law of the same nature be consented to by the Governor of 
Virginia, to be passed there likewise, mentioned in the 30 th 
folio of the said Journall was referred also. 

That the ascertayning the bounds of each Mans lands for 
the prevention of law suites, mentioned in the 38 ,h folio of the 
s d Journall was referred to the next sessions of Assembly. 

That an equall number of Itenerant Justices of the provin- 
ciall Court be appointed on each syde the Bay to ride the 
circutes as the Judges in England, and to hold their courts on 
the Eastern and Western shore, and clerkes appointed to 
attend them, and to transmitt their Records to the provincial! 
office, mentioned in the 40 th folio of the said Journall, was 
referred to next sessions of Assembly. 

The appointing of a Muster Ma' on each syde the Bay with 
the settling their ffees, mentioned in the 42 d folio of the said 
Journall was referred 

Colonel Hamiltons Lre together with her Sacred Majesty 
the Queens Lre in favor thereof Esq' Neals patent for post 



176 Assembly Proceedings, May 8-22, 1695. 

Original Ma r Generall of America and the af sd Hamiltons Deputacon 
journal. ( rom t h e sa j^ g S q # Neale menconed in the 49 th folio of 
the said Journall, was referred to the next sessions of As- 
sembly. 

The petition of M r Henry Denton Clarke of the Councill 
about the Settling of his fees according to a former Order of 
Councill, was referred, folio 71. 

The petition of M r Lillingston mentioned folio 72. was 
referred afs d 

A Bill for the Encouragement of such as make hemp and 
flax mentioned folio 72. was referred as aforesaid. 

The Settlement of the Keeper of the Great Seale's fees, 
referred folio 72. 

The order of Councill for Roger Sherman his goeing to 
New Yorke referred folio 75. Afterwards appears folio 80, 
that the said Roger was allowed for his said Journey the sume 
of 5000 Is of Tobacco. 

The Law concerning Townes, and the Law concerning 
Money, was referred folio 75. 

The alteration in the Bill concerning ffurrs, was referred 
folio 75. 

The proposall of the Governor and Councill for mainte- 
nance of a Sufragan Bishop and inviteing him over, referred 
folio 81. as af d 

The 40 ls of Tob°-p poll not formerly collected in Ann Arun- 
dell County to be applyed to the building of a Church in Ann 
Arundell Town, referred folio 83. 

Upon mocon of M rs Elizabeth Blackston, to the house con- 
cerning allowance for her husbands attendance as a Coun- 
cilor and Justice of the Provinciall Court, was referred folio 
84 as aforesaid, 
p. 15 Ordered M r Bladen to draw a Copy of the Lawes to send 
for England and that the said Bladen be allowed i6oo ls Tob° 
folio 86: 

Att an Assembly begun and held at Ann Arundell Towne 
in Ann Arundell County, the last day of Feb r y in the 7' h year 
of their Mat ys Raign, Annoq Dni, 1694. 

It was moved by the members of this house on behalfe of 
the Towne of Oxford that William Stephens did give fifteen 
Acres of land to the use of the said Town which was con- 
firmed by one Roe, but his Deeds appearing to be somewhat 
imperfect, prays the consideracon of this house that the towne 
may have the benefitt intended them. 

Ordered that Nicholas Lowe and all other persons con- 
cerned therein have notice to appear at the next sessions of 



Assembly Proceedings, May 8-22, 1695. 177 

Assembly, that upon full and fair hearing of the said matter Original 
the house may proceed to do what to Justice appertains. 

Signed p Order of the persons appointed 
Christopher Gregory, Clarke. 
May the io ,h 1695. 

The house Adjourns till 2 of the clock in the afternoon. 

Post meridiem. The house again mett and ordered to be 
called over, were absent, M r Saunders, M r Hutchison, M r 
Ferry, M r Dickson M r Peirce, M r Pollard and Coll" Codd. 

The following message sent to his Ex cy the Governor in 
Council!. 

By the house of Burgesses May the 10 th 1695. 
This house have herewith sent your Ex cy One Act of 
Assembly for Securing Adm rs and Exors from double payment 
of Debts and lymitting the tyme for payment of obligations 
within this province, And the other Act of Assembly for 
Encouragement of such as shall make hemp and flax, and 
humbly request your Excellency that you will be pleased to 
Signifie to the house what your Ex cy has to communicate to 
them upon this present sessions. 

Signed -p order, 
W Bladen Clerke of Assembly. 

Sent by Cap 1 Bayne and Major Smalwood. 
Cap' Bayne and Major Smallwood return and say they 
have delivered their Message. 

The house Adjournes till 7 o Clock on Munday Morning 

Munday May the i8' h 1695. 

The house Being mett was ordered to be called over and 
these members were absent, M r Hutchison, M r Pollard, Col 
Coursey and Col Codd 

Then ordered to be read over what was done on Friday 
last. 

Voted in the house ann additionall Law be made to the 
Act of Religion and a Clause therein incerted to enable the 
severall and respective Vestrys to sue for Donations and 
Guifts to pious uses at present perverted. 

Voted if our Explanatory Law shall be made to the Act of p . ig 
Religion, and carried in the negative. 

The conditionall Law for prosecuting Runaway Servants 
and Debtors from Virginia &c: Referred to the next Sessions 
of Assembly. 



178 Assembly Proceedings, May 8-22, 1695. 

iai Resolved an additional] Bill be drawn to the Act appointing 
a ' Ports and Towns. Upon reading the petition of M r Hennage 
Robinson and Comp ny Merch s in London, relateing to the Impo- 
sition on furrs 

Voted Whether the clause in the Law relateing to the impo- 
sition of a Duty upon furrs be repealed or not. 

Carryed in the negative. 

The Law concerning Towns being referred to this Assembly, 

Resolved two ports be made, in Puttuxant River one, and 
the other in Potomac River for the better accomodation of 
those two Rivers. Moved in the House that a port be consti- 
tuted in Somersett County where Shipps tradeing thither may 
enter and clear. And assented to Nemine Contradiecente. 

Voteed Whether Bougues Bay or S' Leonards Creek be the 
port for Puttuxent. Carryed by Majority of voices, Bougues 
Bay. 

Voted whether Newtons point in potomack or Charles 
Towne be the port for potomack river. Carryed by majority 
of voices Newtons Point. 

Resolved that M r Arnold Elseys Land where the Towne 
formerly was in Monnochin River, be the town and Port for 
Somersett County. 

The Law about money referred to the next Assembly. 

Resolved that the 40'* of tob° -p poll not collected in Ann 
Arundell County in the year 1693.be applyed to the Building 
a church in Ann Arundell Towne. 

Ordered Cap' Hill and Cap' Bayne wayte upon M r Peri- 
grine Coney and returne him the thanks of the house for his 
faste Sermon. 

Upon reading her Sacred Mat ys Lre: relateing to New 
Yorke ; sent To his Ex cy the Governor in Councill &c: the 
following Message. 

By the Burgesses of Assembly May the 13 th 1695. 

We have seen her most Sacred Maty 5 Lre: under her Sign 
Manuall of the 22 nd day of Aug' 1694 to your Ex cy comanding 
Assistance to be given by this Government of Men and other 
Supplyes for the defence of New Yorke as need shall require, 
and upon Intimacon of his Ex cy the Governor of that place, to 
which in all loyallty and humble obedience to the commands 
of that Glorious Queen of ever blessed Memory We humbly 
Signifye to your Ex cy first. That according to our utmost 
abilityes we shall at all tymes be ready to assist that Govern- 
ment with such number of men and armes when need shall 
i 7 require, and his Ex cy the Governor shall intimate the same, as 



Assembly Proceedings, May 8-22, 1695. 179 

the Strength and ability of this province will afford Consider- Original 
aeon being had to our continuall charge of Severall partys of J° urnal 
men and horse which are necessary and now actually in pay 
to guard the frontiers of this Province lying equally exposed 
to the Attempts of forraign Indians with all other his Mat ys 
Governments on the continent. 

2 ndi y 1^^ as to Money according to the former Reporte of 
this house to your Ex cy dated the i6 l day of Octob: 1694. That 
we are not of Ability to advance in this particular by reason 
of the vast charge we have been and still are at, which yett 
lye heavy on us and great part undischarged 

3 rdly That as to the Bill of Exchange in the Letter of their 
Mat ys Honble Councill of New Yorke this house know not 
any thing of it. 

It appears to be drawn by his late Ex cy Governor Copley, 
but whether for the Service of this province or not, is 
unknown to us, nor does any request or consent of the 
rep r sentative Body of this province appear for the same. 

This we humbly rep r sent to your Ex cy as the sense of this 
house on the p r misses praying your Ex cy and Councills Con- 
currence herewith. 

Signed -p order 
W B'aden Clk: Assembly. 

Sent by Cap' Bayn and M r Saunders 

The house is Adjourned till two of the Clock. 

Post Meridiem. The house mett and being ordered to be 
called over, were absent M r Hutchison, M r Boothby, Colonel 
Coursey M r Pollard and Col Codd. 

M r Thomas Ennalls added to the Committee of Agriev- 
ances. 

M r Speaker Signifies to the house that his Ex cy recomends 
a court of Justice to be erected in each Port and Towne for 
the dispatch of Trade. The house thinke fitt to referr the 
same to the next Assembly, and the house adjourned untill 
to morrow morning at 7 of the Clock. 

Tuesday May the 14 th 1695. 

The house mett and ordered to be called over were 
absent, Colonel Coursey, M r Pollard and Colonel Codd. 

Moved in the house that the vote concerning Potomack 
River be reassumed, since severall members were yesterday 
absent when the said vote passed. 

Voted if to be reassumed or not, and carryed in the Affirm- 
ative. 



180 Assembly Proceedings, May 8-22, 1695. 

Original Voted whether a new port shall be constituted in Potomack 
journal. j^j ver or not< Carryed in the negative. 

Moved that yesterdays votes concerning the ports in Put- 
tuxent and Monochin Rivers be reassumed. 

Voted whether they shall be reassumed or not, and carryed 
in the affirmative. 
p. 18 Voted whether a Bill shall be drawn to make ports in Put- 
tuxent and Monochin Rivers, Carryed in the Negative. 

M r Speaker orders all Committees to attend in the after- 
noone, and Adjournes the house till two of the Clock. 

Post Meridiem. The house again mett, and the following 
proposalls from his Ex cy the Governor in Councill are laid 
before them (Viz') 

First. That in the additionall Act for secureing Orphans 
Estates a clause be added that the personall Estate be sold by 
out crye 

Whereupon Voted in the house if such clause shall be 
added and carryed in the negative. 

2 d That a clause be incerted in the additionall Act to 
Religion, that the Clarke of the Vestry shall Register all 
births, Marriages, and Burialls, and the names of all Servants 
comeing into this province, and the names of the places from 
whence they come, for which Registering the clerke to have 
six pounds of Tobacco p name. 

Voted Whether the Clarke of the County or clarke of the 
vestry shall keep such Register, and carryed by majority of 
voices that the clarke of the vestry shall keep the same. 

ydiy Proposed that a Brass Standard of Weights and good 
measures be sent for out of England, to be kept in the Secre- 
taryes office by which the severall county Standards in this 
province upon all ocasions may be tried. 

Upon which Debated in the house if it will not be more 
convenient that the Com r of the Severall Countys send for 
one brass halfe hundred weight to be kept as af d to the End 
af d by the clarkes of the respective county's. 

And thereupon Resolved that the Com r of the Severall 
Countys send for such an halfe hundred weight to be kept as 
af d to the end af d 

4 lhly Proposed that some method be prescribed, for 
redressing of the under valuement of the publique faith. 

Whereas. It is the sense of the house that the Severall 
Sheriffes in this province, are within the provision of the Act 
for the relief of Debtors. 

,-ihiy Proposed that a Division be made of S' Marys, 
Charles and Calvert Countyes. 



Assembly Proceedings, May 8-22, 1695. l & 1 

Voted if such division shall be made, and Carryed in the Origina 

negative. Journal 

The house Adjournes till to morrow morning at 7 of the 
Clock. 



Wednesday May the 15 th 1695, 

The house mett and ordered to be called over, were absent, 
M r Mason, Cap* Bayne, Cap' Hill, M r Saunders, M r Greenfield 
M r Boothby, Colonel Coursey M r Pollard, and Colonel Codd. 

Then was ordered to be read over what was done yes- 
terday. 

And the house proceeded to the further consideracon of the p. 19 
Proposalls yesterday layd before them, and as to the 6 th pro- 
posall, (Viz') 

6 th That the County Courts for the future be kept at Ann 
Arundell Town for Ann Arundell County. 

Resolved a Bill be drawn for the same. 

7 th That an address be drawn and sent to the Lords of 
the Committee of Trade and plantations acquainting them 
that we can supply his Majestys Navy with Severall Navall 
Stores, Viz' 

Pitch, Tarr, Match Yards Hemp and Cordage upon twelve 
months notice, and desireing they would propose to us what 
Ouantitys and what method of payment for the same. 

8 th Proposed that some means be used that we may give 
assistance to New Yorke according to her Sacred Majesty of 
ever blessed memory's Lre: 

Whereupon Resolved that assistance of men shall be given 
when need shall require &c: 

And because the Country is already destitute of money to 
pay the Soldiers now in Arms for the Defence of this prov- 
ince, The Honble Thomas Tasker Esq. one of the members of 
this house offers to lend for the Service of the Country two 
hundred pounds Sterling if need shall require for the loan 
thereof untill he shall be enabled to reimburse himself out of 
the Country Treasury, he is to be allowed eight pounds p cent 
for the use of the Same, and the said Sume is to be called for 
by his Ex cy of the said Tasker, and applied to their Mat ys 
Service in such manner as to his Ex cy in his wisdom shall 
seem fitt. 

9 th Proposed that for raiseing a further Supply for the 
Service of the Country there be layd an Imposition upon 
negroes and Servants imported. 

Resolved that an Imposition be layd upon negroes and Ser- 
vants imported. An Additionall Act to the Act for better 
administracon of Justice in probate of Wills and granting 
administracons &c: 



1 82 Assembly Proceedings, May 8-22, 1695. 

Original Read the first time. 

journal. Voted what shall be the Imposition upon negroes & carryed 
by majority of voices ten shillings p poll. 

Resolved Nemine Contradicente that an Impost be layd on 
White Servants imported of 2 s 6 d *p poll, and that a bill be 
brough in for the same. 

Resolved that an address be drawn to his Maty: condoleing 
the Loss of her Maty of ever blessed memory. 

Resolved his Maty be addressed representing how inca- 
pable we are of giveing assistance to New Yorke and our 
desire to be discharged from her Matys: comands therein, and 
that M r Will" 1 Frisby be Joyned with the honble S r Thomas 
Laurence Barr' their Matys Secretary of this province to pre- 
sent our address to his Majesty &c: And also to sollicit the 
p. 20 other business of this province. 

Resolved that Letters be writt to his Grace my Lord Arch 
Bishop of Canterbury and my Lord of London desireing them 
to inspect into our Acts of Religion and Sollicit the passing 
thereof. 

Upon Reading the petition of M r Charles Carroll, Resolved 
he be admitted to Speake asCouncill as to the Management 
of my Lord Proprietarys Law concerns. 

The house Adjourns till to morrow morning 7 a Clock. 



Thursday May the i6 ,h 1695. 

The house being mett was ordered to be called over, and 
the following members were absent, (Viz 1 ) Cap' Bayne Cap' 
Hill M r Hawkins, M r Hutchinson, M r Pollard and Col Codd. 

An Act for the Naturallization of Matt 5 Freeman and others. 
Read the first tyme. 

M r Denton Clarke of the Council came to this house from 
his Ex cy the Governour in Council!, and read to this house the 
consideracons of that Board Relateing to the sayling of the 
Shipping now in the Country, and Signifyed that his Ex cy do 
agree in the opinion of the house thereupon: 

Whereupon Resolved that the following Message be sent 
to his Ex cy and the Honble: their Maty 5 Councill. 

By the House of Burgesses May the 16 th 1695. 

This house haveing heard the Debate of the Councill 
board, Relateing to the Sayling of the Shipping now within 
this province do agree and concurr with the reasons layd 
Downe therein, and do say that the great Rains that have 
lately been have occasioned at least months loss of tyme. 

Secondly. That it will conduce much to his Maty 5 Service, 



Assembly Proceedings, May 8-22, 1695. ^3 

and the advantage of all his Subjects concerned that the Original 
comodore stay untill the last of June by which tyme We may J ournal - 
reasonably conjecture all the fleet may be ready at Kiquotan 
to attend and wayt the mocon of the Comodore. 

Signed -p Order 
W Bladen Clk: Assembly. 

Sent upon this Message M r Tasker, M r Clarke and M r 
Frisby. Major Smithson presents from the Committee of 
Agrievances the following Report (Viz 1 ) 

By the Committee of Grievances mett May the 15 th 1695. 
And humbly presented to the house of Assembly that consid- 
ering how thinly this province is peopled, and to give encour- 
agement to Strangers and aliens to come into this province 
and seat themselves here, that the house would be pleased to 
consider whether it would not be necessary and expedient for 
the publique good and wellfare of this province that an Act of 
Assembly be made to ascertain and explain what fees, gra- 
tuitys or rewards shall be paid by every alien that shall here- 
after be naturallized to such officers or ministers who do p. 21 
clayme any fees therefore, and that when any person is nat- 
uralized with his children that no more fees may be paid then 
for one person onely. 

It is also humbly offered to the house of Assembly by this 
Cofnittee that the Severall Tanners and Shoemakers within 
this province who do Tann Hydes into Leather and make 
that up into Shoes, do not make the said Leather good and 
Servisable, therefore this Cofnittee doe humbly present to the 
house of Assembly, that it would be to the great Service of 
this province, to enjoyne on the Severall Tanners and Shoe- 
makers, who do Tann Hides into Leather and then worke 
that leather up into Shoes, by an Act of Assembly to that end 
to be made that they do make, good, Servisable and Substan- 
tiall Leather, and that six knowing persons in each respective 
County be appointed as Searchers to Search and view all 
Hides tanned into Leather and in case the same be well and 
sufficiently Tanned, then to Seale the Same with a Seale to 
that purpose to be appointed, and in case they find the said 
leather not well and sufficiently tanned, so that the same may 
not be Searvisable and fitt to be made up into hides that a 
penalty may be inflicted on such tanners or Shoemakers. 

It is also humbly presented to the consideration of the house 
of Assembly by this Committee that whereas by the Laws of 
this province, It is provided that the Comissary or Judge in 
Testamentary causes and for granting adm r acon &c: upon the 



184 Assembly Proceedings, May 8-22, 1695. 

iginai Ex r or Adm r his making up of his accompt of his adm r acon 
arnal ' shall transmitt a certificate of the cleare estate in the hands of 
such Adm r or Ex r to the Justices of the County Courts that 
they may secure the same for the Orphans of the deceased 
testate or intestate persons by takeing good Security there- 
fore, which the severall Justices cannot nor do not do because 
that practise hath been neglected by those whose Duty twas 
to transmitt the said ace' of the deceaseds clear Estate. 

Signed p order Com: 
Robert Goldsborough Clk: 

Upon Reading the Representation of the Committee of 
agrievances relateing to the fees due from persons nat- 
urallized. 

Resolved that a Bill be drawn accordingly for the same. 

Upon the representation of Colonel Henry Darnall Agent 
for the R' Honble the Lord Proprietary of Baltemore Lord 
Proprietary of this Province on behalfe of the said Lord Balte- 
more, that whereas their Maty s Soll r Gen" S r Thomas 
Laurence upon a Refference made to him by their Maty 5 con- 
cerning severall Rights claymed by the said Lord Baltimore 
p- 22 in this province, amongst other things made his Reporte in 
Relacon to wild horses and wild Cattle, that they were ferae 
nature, concluding that they were wild by nature, and in 
being, before his Lordships Charter. 

This house do say that M r Sollicitor was not well informed 
in relation thereto, for that there were no horses, Beeves or 
hoggs in this Country before seated by the present Inhabi- 
tants thereof, the Same being imported, and that they do con- 
ceive they are in the nature of Waifes and Strayes. 

The house is adjourned untill 7 of the clock to morrow 
morning. 

Fryday May the 17 th 1695. 

The house mett and ordered to be called over, were absent 
Cap* Waughop, Cap' Bayne, Cap' Hill M r Hawkins, M r 
Boothby, Col Coursey, M r Pollard and Colonel Codd. 

An Act for Naturallation fees, read the first tyme. 

An Act for Settling Ann Arundell County Court att Ann 
Arundell Towne, read the first tyme. 

Recomended from his Ex cy an Act for restrayning the fre- 
quent assembling of negroes within this province, and read 
the first time. 

An additionall Act to the Act of Religion, read the first 
time. 



Assembly Proceedings, May 8-22, 1695. 185 

These four last menconed Bills sent to their Maty 5 honble Original 
Councill by Cap' Whittington and Major Hammond. 

M r Speaker moves the house that his Ex cy recommends to 
them the Settling of publique Ferry's. Referred to the next 
Assembly. 

Upon Reading the Committee of Agreivances Reporte 
relateing to Shoemakers and Tanners the same is Referred to 
the next Assembly. 

Major John Thompson recomended by the house to receive 
the Impost upon Liquors at the head of the Bay. 

The petition of the people called Quakers, being rec d from 
his Ex cy and the honble his Matys Councill to this house 

'Tis the opinion of the house, that as to the first part 
thereof viz: dispensing with their corporeall Oaths, 'tis 
expressly contrary to the known Laws of the Kingdom of 
England and therefore not fitt to be dispensed with. And as 
to the second part of the petition relateing to the 40'" p poll 
this house will not make any distinction but continue them 
under the same Circumstances with all other their Matys good 
Subjects as to the payment thereof. 

The house Adjournes till 6 of the clock in the Afternoone. 

Post meridiem. The house being mett, ordered to be 
called over, were absent Cap 1 Bayne, M r Hawkins, M r Dent, 
M r Pollard and Colonel Codd. 

M r Boothby presents a Bill for raiseing a Tax upon all 
offices within this Province. 

Voted, if the Bill shall pass with amendments, or not, and p 23 
Carryed in the affirmative, and the same was read the first 
time. 

An Additionall Act for regulateing the Militia read the first 
time. 

An Act for regulateing Ordinarys and lymitting the number 
of them, read the first time. 

The house Adjournes till to morrow morning at 6 a Clock. 



Saturday May the i8 ,h 1695. 

The house being mett Ordered to be called over, and were 
absent these Members (viz') M r Saunders, M r Greenfield, M r 
Hawkins, M r Hutchison, M r Watkins, Colonel Coursey, M r 
Pollard & Col° Codd. 

Act for regulateing Ordinarys read the second time. 

Act for Laying an Imposition on Negroes and Servants 
imported, read the second tyme. 

His Ex cy haveing generously offered to get our Acts of 



1 86 Assembly Proceedings, May 8-22, 1695. 

Original Religion passed at his owne proper cost and charges. The 

Journal. l louse sen) - fc m tne f ]Jg messa nr e . 



By the House of Burgesses May the i8 lh 1695. 

This house do returne your Ex cy their most humble and 
hearty acknowledgements for your Ex cys most kind and gen- 
erous offer as to defraying the charge of passing our Acts of 
Religion. 

We are deeply Sensible not onely of your generous offers, 
but truly noble acts, and must here acknowledge our Selves 
with our posterity most infinitely obliged to your Ex cy for the 
same. 

Signed -p Order 
W Bladen elk: Assembly. 



Sent upon this Message, M r Clarke, Major Ennalls, Col: 
Hinson, Col: Pierce, M r Tasker and M r Lowe. 

Also sent to their Honble their Matys Councill the follow- 
ing Bills, Viz: 

An Act for Regulateing Ordinarys and Lymitting the 
number of them. 

An Act imposeing a Duty upon Negroes and Servants 
imported 

An Act for the raiseing a further Supply for the Support of 
this province. 

The house thinke fitt to acquaint his Ex cy what they have 
resolved in Relation to New Yorke and thereupon send the 
following Message. 

To his Ex cy the Governor in Councill. 
By the house of Burgesses May the i8 ,h 1695. 

As to the affair relateing to the assistance of New Yorke, 
We humbly represent to your Ex cy that we have seriously con- 
sidered the Same, and entered these minutes upon our Jour- 
nal!, Viz: 

Resolved that assistance of men shall be given when need 
shall require &c: according to our former Message; And 
because that the country is now destitute of money to pay the 
Soldiers now in arms for the Defence of this province. M r 
Thomas Tasker one of the members of this house offers to 
24 lend for the Service of the Country one or two hundred 
pounds Sterling as need shall require, for the loan whereof 
untill he shall be enabled to reimburse himself out of the 



Assembly Proceedings, May 8-22, 1695. 187 

Country Treasury. He is to be allowed eight pounds p cent. Origins 
And the said Sume is to be Called for by his Ex cy of the said J our " a ' 
M r Tasker and applyd to their Matys Service in such manner 
as to his Ex cy in his Wisdom shall seem fitt. 

Signed p Order 
W: Bladen Clk: Assembly 

Sent by Major Whittington and Major Hammond. 
The house adjournes for an hour, and goe upon a Confer- 
ence with his Ex cy the Governor and Councill, Where his Ex cy 
recommends Severall things to their Consideracon, and 
delivers unto M r Speaker Severall Bills sent by the house to 
that Board, and also certain proposalls of which he desires 
they will consider. 

Thereupon M r Speaker and the rest of the members repaire 
to the house where being called. 

Ordered that the Clarke read the following proposalls from 
his Ex cy the Governor and Councill Viz. 

That there be a Clause added in the Act for Settling Ann 
Arundell County Court, nominating Ann Arundell Towne by 
the name of Annapolis, and that the Parish church be therein 
built and the County records removed thither. 

Resolved by the house such clause shall be incerted. 
And the Bill with the amendments is read the second tyme. 
That a Clause be added in the additionall Act for the better 
adnVacon of Justice for probate of Wills and granting 
adm r cons that when any deceased Estates are appraised two 
of the principall Cred rs or two of the next of kindred may be 
present, and upon their refusall two other honest persons. 

Resolved the Same be incerted, And the Bill with the 
amendm 15 is read the 2 d tyme. 

That in the additionall act to the Act of Religion a Clause 
be inserted, that the Vestrymen, church Wardens and Clarkes 
take the Oaths appointed by Act of Parliament, and Subscribe 
the test. And that particular Oaths be framed for them to 
take for performance of their Dutys. 
Resolved such Clause be incerted. 

And the Bill with amendments proposed, was read the 
second tyme. And in the Act for regulateing Ordinary 
Keepers &: It be incerted that they shall not creditt any single 
freeman not being a freeholder, or any Seaman for above 400'" 
of Tobacco, or 20 s Sterl: 

Ordered such clause be incerted. 

The af Bill with amendm' proposed is read over the third 
tyme. 

That if money should be sent to New Yorke the house p 25 



1 88 Assembly Proceedings, May 8-22, 1695. 

Original would appoint some body to go along therewith and se the 

Journal. same disposed of. 

Resolved by the house that M r Thomas Tasker is thereunto 
appointed. 

That the house address his Maty, that the Q r parte of pub- 
lique Revenue may be appropriated to the necessary charges 
of this Governm' 

Resolved that such Address be prepared. 

That the house will again consider about the Division of 
S' Maryes Charles and Calvert Countyes. 

Voted if S' Mary's, Charles and Calvert Countys shall be 
divided, or not. Carryed by Majority of Voices, they shall be 
divided. 

The petition of S l Marys City, read and granted. 

M r Chesseldyn, M r Clarke, M r Lingham, M r Greenfield, 
Cap' Dent and M r Hutchison appointed to make division of 
the said Countys and to take his Ex cys Directions therein. 

Recomended from his Ex cy that a publique post be 
employed betwixt potomack and Philadelphia for the Dis- 
patch of Publique as well as also of Private pacquetts and 
Letters. 

Whereupon ordered M r John Perry attend the house next 
Munday Morning. 

An Act for laying the publicque Levy, read the first tyme. 

An Act for reviveing the Temporary Laws of this province 
read the first tyme. 

An Act for Naturallization fees, read the second tyme. 

An Act for the Naturallization of Matts Freeman and others, 
read the 2 d tyme. 

Upon Mocon of Kenelm Cheseldyn Esq r 

Ordered by the house that the Records of the Comissary 
Gen" s office be lodged above Stairs in that End of the Court 
house at Ann Arundell County Towne which is over the Seat 
of Judicature. 

An Act for Settling Ann Arundell County Court house, 
read the 2 d tyme. 

An additionall Act to the Act of Religion, read the third 
tyme. 

An Act for raiseing a supply towards the defraying of the 
publique Charge of this province, read the third tyme. 

An Act for the naturallization Matt. Freeman and others 
read the 3 d tyme 

An Act for secureing Exo rs and Am rs from double payment 
of Debts. Read the third tyme. 

An Act ascertaining the naturallization fees, read the third 
tyme, and The house Adjourned till Munday Morning at 6 
a Clock. 



Assembly Proceedings, May 8-22, 1695. 189 

Munday May the 20 th 1695. < 

The house mett, and ordered to be called over, and were ' 
absent Cap' Bayne, M r Hill, M r Hawkins, M r Dent, Coll 
Coursey Major Whittington M r Scarborough M r Pollard and 
Col. Codd. 

Then M r Cheseldyn and the rest of the members appointed 
for dividing the Countys, Reported that they had with his 
Excell cys approbacon made Division thereof, and Signified the 
same to the Committee of Laws to prepare the Bill accord- 1 
ingly. 

Then was Ordered to be read over what was done 
yesterday. 

Recomended from his Ex cy that an additional Duty of 3 d -p 
hh d be laid on Tobacco for raiseing a further supply for the 
Support of this Province. 

Voted if a further Imposition of 3 d *p hh d shall be layd upon 
tobacco, exported for one year: Carryed in the affirmative. 

Ordered that the Committee of Laws prepare a Bill 
therefore. 

M r John Perry appears in the house and being asked what 
he demanded for officiateing as Post Ma r eight tymes -p An r 
betwixt Potomack River and Philadelphia, he offers to under- 
take the same for 50'* Sterl: p ann: 

Then the house proceeded to agree with Colonel Casparus 
A: Herman for building the new Court house as followeth. 

That he shall build the same as it was first proposed with 
these alteracons onely, that whereas it was to be shingled 
upon planke. It shall be shingled upon Laths, and whereas 
the foundation was to be made of brick, it shall be of Stone 
up to the Water Tables, for which he shall have 200000 ls of 
Tobacco and 250'' Sterling, to wit: iooooo K of Tobacco this 
Levy, and ioooooo' 5 of Toba c the next year, ioo' s Sterl: this 
year and ioo ls Sterl: the next year upon finishing thereof. 

To all which the said Col Herman agreed and undertook 
to do the same. 

Ordered That Major Hamond, Major Ridgely, and Cap' 
Hill be appointed to oversee that the said worke be well 
done. 

Resolved that M r John Perry be allowed 50'* Sterl. p Ann 
upon Condition he shall discharge all publique Messages and 
pacquetts as his Ex cy shall direct, and also discharge this prov- 
ince from any expence whatever by reason of any messengers 
to be employed for the countrys Service. 

The house Adjournes till two of the Clock this afternoone. 

Post Meridiem. The house again mett, and ordered to be 
called over, were absent Cap' Bayne, M r Saunders, M r Haw- 



190 Assembly Proceedings, May 8-22, 1695. 

Original kins, M r Hutchison, Colonel Coursey, Maj r Whittington, M r 
journal. j j in p H arc } ) Q \° Peirce and Col Codd. 

An Act for assessing 3 d p hhd for this present year, read 
the first tyme. 

An Additionall Act to the Act for regulateing the Militia, 
read the third tyme. 

An Explanatory Act to the Act of Repeal of all Lawes &c: 
read the 2 d tyme. 

Resolved by the house that the Revenue ariseing by the 
act for Imposition of 3 d p hh d for Service of this province, 
i>. 27 being to be lodged in M r Taskers hands is to be disposed of 
by his Ex cy the Governor and Councill for their Mat ys Service, 
whereof an Ace' is to be rendered to the next sitting of 
Assembly. 

M r Lowe and M r Boothby sent to his Ex cy and their Matys 
hon ble Councill with the above resolve and the three last men- 
tioned Bills. 

An Act for reviveing the Temporary Laws of this province, 
read the third time and passed for Engrossing. 

The House Adjournes till 7 a Clock to Morrow Morning. 



Tuesday May the 21 st 1695. 

The house mett and Ordered to be called over, these fol- 
lowing members were absent viz' Cap' Bayne, Cap' Hill, M r 
Greenfield, M r Hawkins, Colonel Coursey, Cap' Whittington, 
M r Dickson, M r Pollard, M r Ennalls, and Col Codd. 

Then was ordered to be read over what was done yes- 
terday. 

An Act for the Division and regulation of the Severall 
Countys within this province, and Constituting a new one 
by the name of Prince Georges County, read the first tyme. 

Cap' Dent sent to his Ex cy the Governor and the hon ble their 
Maj' ys Councill with the following Bills viz: 

A Bill for assessing the publique Levy, and A Bill for 
Dividing the Severall Countys. 

An Additionall act to the act for ports and Townes, read 
the I s ' tyme. 

Recomended to this house by his Ex cy that the publique 
Revenue may be stated before the breaking up of this 
Sessions. 

An Additionall act to the acts for Ports and Townes, read 
the second time. 

An Additionall act for the better Regulateing the Militia 
read the third tyme. 

The house Adjournes till 7 a Clock to morrow morning. 



Assembly Proceedings, May 8-22, 1695. 191 

Wednesday May the 2 2 d 1695. origins 

Journal 

The house mett and ordered to be called over, were absent 
M r Mason, M r Clarke, M r Frisby, M r Hawkins, M r Tasker, M r 
Hutchins, Major Smalwood, Major Coursey, Maj r Whitting- 
ton, M r Pollard, M r Hooper, M r Ennalls, M r Hicks, Colonel 
Peirce and Colonel Codd. 

M r Plater enters the house and presents M r Speaker, with 
an Ace' of the I s p hh d ever since the Revolution to this tyme, 
and saith that his Ex cy hath ordered the same to be employed 
to purchase armes and amunition according to a certaine List 
produced to the house and will also take care that what shall 
accrue thereby hereafter shall be imployed in like manner, 
and that his Ex cy desires a committee be appointed to State 
and adjust the said Ace' and make Reporte to the Lords of 
the Treasury what the said Revenue amounted to in Gov- p. 28 
ernour Copleys tyme. 

Major Hamond, Major Dorsey, Cap' Hill and M r Saunders, 
appointed to State the said account and make report thereof 
to the Lords of the Treasury. 

His Ex cy desireing the opinion of the house what order shall 
be made which might most conduce to his Matys Service in 
relation to the Sayling of the Shipping which shall be or Stay 
in the Country after the fleet is gone. 

It is the opinion of this House that it will be for their Matys 
Service, that the Shipping which stay or come into this Prov- 
ince after the present Sessions, shall be cleared as fast as 
filled, as his Ex cy shall think fitt. 

The following acts being read and assented to by this 
house, was sent up to his Ex cy and their Matys honble Councill 
by Major Smith, M r Saunders and M r Lowe. 

An Additional! act to the act of Religion. 

An Act for Secureing adm rs and Ex rs from double paying of 
Debts, and Lymitting the tyme for payment of obligations 
within this province. 

An Additionall act to the act for better Adm r acon of Justice 
in the Court for probate of Wills &c: 

An Act for Regulateing Ordinarys and lymitting the 
number of them. 

An Act restraining the frequent Assembling of negroes. 

An Act for Laying an Imposition on Negroes and Servants 
imported. 

An Act for Raiseing a Supply for the defraying of the 
publique charge of this province. 

The House Adjourned for an hour. 



192 Assembly Proceedings, May 8-22, 1695. 

original Post Meridiem. 

Journal. 

The house again mett and M r Speaker, signifying to them 
that his Ex cy recomended the gratifying the hon ble W m Blath- 
way Esq. and John Povey Esq r and to that end offered to 
advance 200 u Sterl. upon the publique faith. 

Ordered the following message be sent to his Ex cy the 
Governor and the Honble their Maty 5 Councill. 

To his Ex cy the Governor and Councill. 

By the house of Burgesses May the 2 2 d 1695. 

This house having well considered of your Ex cys proposall 
touching the gratifying the honble Esq. Blathway, and M r 
Povey do returne your Ex cy our hearty thanks for your gen- 
erous offer, but find our Selves altogether incapable at this 
tyme to gratifye the aforesaid Gentlemen being at p r sent will- 
ing to gratifye all such obligations as this province now Lyes 
under. 

Signed -p order 
W Bladen Clk Assembly. 

p. 29 Sent by Major Whittington and Major Hammond, with the 
following Acts assented to by the house. 

An Act for the naturallization of Matt Freeman and others. 

An Act for the Settleing Ann Arundell County Court 
house. 

An Act ascertaining the fees for naturallizations. 

An Act for assessing 3 d p hh d on Tobacco towards defray- 
ing the publique charge of this province. 

An Additionall Act to the Act for Ports. 

An Act for the Division and Regulateing Severall Countys 
within this province and Constituteing a County by the name 
of Prince Georges County. 

An Act for laying the publique Levy. 

An Explanatory Act to the Act of Repeale of all Laws 
heretofore made within this province, and Confirming all 
Laws made this Generall Assembly. 

An Act Reviveing the Temporary Laws of this Province, 

Message from his Ex cy the Governor and Council by the 
honble: Thomas Tench and Thomas Brook Esq rs that his Ex cy 
desires the house to attend him in Councill. 

Whereupon the house Adjourned for an hour, and Went up 
to attend his Ex cy at the Councill Board where they saw the 
following Laws assented to by his Ex cy and the honble their 
Matys Council. And also saw them Signed by his Ex cy 



Assembly Proceedings, May 8-22, 1695. J 93 

1. An additional] act to the Act of Religion. Origi. 

2. An Act for Secureing Adm rs and Ex ors from double pay- J" um 
ing of Debts and Lymitting the tyme of payment of obliga- 
tions within this Province. 

3. An Additionall Act to the Act for better administration 
of Justice in the Court for probate of Wills and granting 
administracons. 

4. An Act for Regulateing Ordinarys and Lymitting the 
number of them. 

5. An Act restraining the frequent Assembling of 
Negroes. 

6. An Act laying an Imposition on Negroes and Servants 
imported. 

7. An Act for Raiseing a Supply, towards the defraying 
of the publique charge of this province. 

9. An Act for Ascertayning the fees for Naturalizations. 

10. An Additionall act to the act for Ports and Townes. 

11. An Act for reviveing the Temporary Laws of this 
province. 

12. An Act for assessing 3 d p hh d on Tobacco: towards 
the defraying of the publique charge of this Province. 

13. An Act for the Division and Regulateing Severall 
Countys within this province and Constituteing a County by 
the name of Prince Georges County within the Same. 

14. An Act for laying the publique Levy. 

15. An Explanatory Act to the Act of Repeale of all Laws p- 3° 
heretofore made within this province, and Confirming all 
Laws made this Generall Assembly. 

16. An Act for the Settling Ann Arundell County Court 
house at the port of Annapolis within the same County, 

17. An Additionall Act to the act for regulateing the 
militia of this Province. 

18. An Act for the naturalization of ... . Mathiason & 
others. 

After Which his Excellency Signified to M r Speaker and 
the rest of the members that he prorogued them untill the 
tenth day of September next ensueing. 

So Ended the third Sessions of this Assembly 

May the 2 2 d 1695, 
True Copy W. Bladen Clk: of Assembly 

Exa d -p. Tho: Brooke Dep ty Sec r,y 



Maryland ss: 

Journall of the Comittee of Accompts: 1695. 
Appointed and Ordered by the Burgesses of Assembly for 



194 Assembly Proceedings, May 8-22, 1695. 

Original the Regulating and inspecting into the Publick accounts of 
journal, ^jg p rov i nce att a Generall Assembly held at Ann Arundell 

Town in Ann Arundell County on the tenth day of May, 

Anno Domini 1695, (to witt) 

M r Robert Mason \ M r George Lingham 

M r Thomas Smith I Cap' W m Whittington 



M r Thomas Greenfield J M r Francis Watkins 

In obedience thereunto the Comittee appointed mett at 
the House of M rs Rachell Prostor in Ann Arundell Town on 
the said tenth day of May in the Year 1695. 

And Cap' W m Whittington by the s d Committee was elected 
and Chosen Chairman, who tooke his place accordingly ; and 
Cleborne Lomax was appointed their clerke, and ordered to 
attend the said Comittee 

Ordered, that the clerk of this comittee sett up noates to 
give all Persons notice where the s d committee sitts, and to 
bring in their acc ts (to witt) one at the court house where the 
assembly Sitts, and another at M rs Prostors 

Ordered that M r Robert Mason and M r Thomas Smith goe 
to M r Henry Wriothesley and demand the Journall of the 
Comittee of Accompts the last Assembly, as allsoe all the 
Journalls of other Assemblys Inne the Revolution together 
with all papers and accompts belonging or relating to any of 
the publick accompts. 

M r Thomas Smith and M r Thomas Mason returns to the 
Comittee, and brings the Journalls and all other papers and 
accounts Relating to the publick. 

The Comittee adjourns for an hour. 

Eodem die. The Comittee mett again and present as 
before. 

The Comittee now proceeds to the Examining and Regu- 
lating all publick accompts. 

Col: Nicholas Greenberry his accompt referred untill he 
comes to Town to morrow morning. 

Ordered, that the Chairman with the Major part of the 
members of this Comittee shall proceed upon business, not- 
withstanding the absence of any other member of the same. 

Is Tobaccoe ) M rs Rachell Prostor her accompt for the Bur- 
7269 j gesses Expenses from the 26 th day of ffebruary 

1694, untill the first day of March in the year 
to be *p. by the ) afs d Examined and allowed 7269 lbs 
Severall Bur- | Tob. 

gesses as appears j The Comittee adjourns till to morrow 
in fo: 13. j morning at Eight of the Clock. 



Assembly Proceedings, May 8-22, 1695. 195 

Satturday May the n lh 1695. ° ri g'' 

. . Jourm 

The Comittee mett again. Present 

Captain William Whittington Chairman 
M r Robert Mason \ M r George Lingham 
M r Thomas Smith I M r Ffrancis Watkins 
M r Tho 5 Greenfield j 

M r Robert Mason sent to the Hono ble Coll Nicholas Green- 
berry to request him to come to the Comittee. 

M r Robert Mason returnes to the Comittee and the Hono bI<: 
Colonel Nicholas Greenberry with him. 

The Hono ble Coll° Nicholas Greenberry his accompt exam- 
ined and Regulated, is allowed as follows for fourteen dayes 
attendance at the Provinciall Court in October 1692 at 1800 
Tobo: -p Day: 2520 lb Tobo: six dayes Itinerant charges for 
coming and goeing at 80 lb Tobo. -p day 480 lb Tobo: May 
2 d 1693: 15 days attendance at the Provinciall Court at 180 lb 
Tobo: -p Day, 2700 lbs: Six days Itenerant Charges Come- 
ing and goeing at 80 lb Tobo -p Day 480 lb. Tobo. May the 2 d 
1694, To the Seale for the Renewment of the provinciall 
Courts Comission 720 lb Tobo. 

May the 7' 1 ' to the Seale to a Proclamation to Settle S r p- 19 
Thomas Lawrence President, 420 lb Tob° 

July the 14 th 1694, to the Seale of a Comission for the tryall 
of the Ancostian King on Suspition of Murther 720 lb Tobo: 

To Tobacco paid John Larkins for M r Vanderburge a Mes- 
senger sent upon the Publick affairs, 224 lb Tobo: 

To Tobaccoe paid for Ditto at M r Henry Trumans at Battle 
towne 642 lb Tobo: in all 886 p° Tobo: The whole Accompt 
am' to 8906 lb Tobaccoe. 

Allowed to the s d Coll. Greenberry in October 1694 as by 
Tobaccoe \ the Journall of the Comittee appears 5726 lb Tobo. 
3180. J soe that there remaines to the s d Coll° Greenberry 
3180 lbs. Tobo: and allowed in full of the said Accompt. 

M r Richard Beards accompt referred untill hee brings the 
Piatt of the Towne to the Comittee. 

The Comittee adjourns untill Munday Morning at ten of 
the Clock 

Munday May the 13''' 1695. 
The Comittee mett again. Present 
Cap' William Whittington, Chairman. 



M r Robert Mason | M r George Lingh 
M r Thomas Smith )■ M r ffrancis Watk 
M r Tho s Greenfiel 



am ) 



M r Robert Mason Sent to the Hono bl<: Coll Nicholas Green- 
berry to request him to come to the comittee. 



196 Assembly Proceedings, May 8-22, 1695. 

M r Richard Beards accompt for laying out and Surveying 
the Town of Ann Arundel. Regulated and allowed in full of 
the said accompt iooo ls Tobaccoe. 

Daniell Canon his Petition read it being for three months 
labour worke upon the Publick undertaking at Ann Arundell 
Towne. referred untill Major Dorsey brings in his accompt 
for the Comittee to enquire whether he hath charged for the 
Same or not. 

The Comittee adjourns for an hour. 

Eodem die. The Comittee mett again. Present as 
before. 

Is Tobaccoe ) M r William Joseph his account for Cartage of 

200 j Severall of the Burgeses necessaries the last 

Sessions of Assembly from S 1 Mary's to Patuxent, examined 
and allowed 200 Is Tobo: 

His accompt for Storage of the Kings Powder being eleven 
Barrells for the Countryes use, and transporting the Same 
from Patuxent to Ann Arundell Towne the s d powder being 
ordered for Ann arundell County and Kent County, hee is 
referred to the said Countyes to be Satisfied and paid for the 
same, there being eight barrells for Ann Arundell County, 
and three Barrells for Kent County. 

M r Garrett Vanswearingen his accompt for Expenses at the 
Removing of the Records from S' Mary's to Ann Arundell 
County by the Atturneys Clerks and other Gentl m by his 
Excellency the Governour Commanded to be there present, 
examined and allowed 2310 Is Tobo: 

M r Garrett Vanswearingen's Accompt for Expenses by the 
Persons ordered and appointed by the Comand of his Excel- 
lency the Governour in Settling the Comissaryes office in 
order to be sent away from S' Mary's to Ann Arundell 
Towne, Examined and allowed 4334 Is Tobo: M rs Anne Duke- 
worth her Accompt Regulated and allowed 3963 Is Tobaccoe 
in full to this day. 

The Article of 2000 Is Tobaccoe for a horse prest ct. wee 
find that there was 1000 lb Tobaccoe allowed formerly for the 
same therefore rejected. 

The Comittee adjourns till to Morrow Morning at ten of the 
Clock. 

Tuesday May the 14th 1695. 

The Comittee mett again. Present 
Cap' William Whittington Chairman 

M r Thomas Smith ) 

M r Thomas Greenfield f M r ffrancis Watkins 



Assembly Proceedings, May 8-22, 1695. 1 97 

The Comittee adjourns till to morrow morning at 9 of the 



Clock. 



Wednesday May the i5 Ih 1695. 

The Comittee mett again. Present 
Cap' William Whittington, Chairman 

M r Robert Mason | M r George Lingham 
M r Thomas Smith j M r Ffrancis Watkins 

James Browne his accompt Examined and allowed as follows 
(to witt) To the Expenses of the Hono ble Councill after all 
publick accompts made upe the last assembly to the 22 J day of 
October 1694. 516 lb Tobaccoe. 

1 tobaccoe ) To the Expenses of Ann Arundell County Bur- 
321 . ) gesses to the 20 th October 1694. 321 1 tobaccoe. 

650. To the Expenses of Calvert County Burgesses to the 
21 st of Oc' 1 69 1. 650 lb Tobaccoe. 

218. To the Expenses of Charles County Burgesses to the 
19 of Octo: 1694. 218 lb Tobaccoe. 

219. To the Expenses of Kent County Burgesses to the 
20 th of Octo: 1694. 291 lb Tobaccoe. 

293. To the Expenses of Caroline County Burgesses to the 
21 oc' 1694. 393 lbs Tobacoe. 

37. To Jn° Spratts Expenses. 37 lbs Tobaccoe. 

2500. To the Expenses of the Grand Jury in Novem r 
Court 1694, as by the fforemans Receipt. 2500 lb Tobaccoe. 

78. To the Expenses of George Plater Esquire in Exam- 
ining the Provincial! Records. 78 lb Tobaccoe. 

1 1 20. To 14 Hides to secure the Records from bad 
weather in the conveying of the same from S' Mary's to Ann 
Arundell Town at 80 lbs To: -p hide. 1 1 20 lbs Tobo: 

30. To a pottle of flipe to the men. 30 1 tobo: 

50. To one days assistance in Examining the Provinciall 
Records, 50 1 tobo: 

200. To Carting the Foundreyes & Powder from S' Maryes 
to Patuxent 200 lbs: 

M r Henry Lowes accompt Referred to himselfe to pay for 
his attendance as a Justice of the provinciall Court from the 
6 ,h of Novemb: last untill the 11 th S c Novemb: hee having an 
allowance by Act of Assembly as a justice of the Provinciall 
Court. 

12000. James Harper his accompt Regulated and allowed 
1 2000 1 Tobo. 

The Article of 640 1 tobo: Referred to a further proofe. 

And for the Horse Referred to the Consideration of the 
house, 



198 Assembly Proceedings, May 8-22, 1695. 

Original Cap 1 Thomas Ems by assignment from Philip Lyons for the 
journal. same ^ 000 ] of fifteen pounds Sterling ordered the last 

conuention to bee drawn out of the publick Stocke 1. 5000 

ltob: 

The Comittee adjourns till to morrow morning at 9 of the 

Clock. 

Thursday May 16 th 1695. 

The Comittee mett again. Present 

Cap' William Whittington Chairman 
M r Robert Mason ) 
M r Thomas Smith j M r Thomas Greenfield. 

1000. To M r John ffreeman for translating his Excel- 
lency's Commission by Order of the House 1000 1 tobaccoe. 

To M r William Bladen for fair Copy of the Laws sent for 
England, 2 Journalls, 2 Copyes of the Court house act, and 
3800: Inspecting the Records upon the Removall allowed *p 
order of the House 3800 1 tobaccoe. 

300. To Garrett Vanswearingen by order of the House 
for the vse of the Councill Roome 800 lb tob: 

480. M r James ffrisby his accompt Examined and allowed 
as follows (to wit) July the 23 d 1694 to the hire of two men 
to the 8 lh of Aug' being 16 days at 15 1 tobo: -p Day each 
480 1 tobo: 

240: To boate hire for the same time. 240 1 tobo: 

165: To the hire of one man more to the 3 d of August 
being eleven dayes at 15 ltob: -p Day. 165 1 tobaccoe. 

300. To prouision & Liquors up & Down. 300 
tobaccoe. 

435. September the 20" 1 to the hire of one man to the 25 th 
of October being 29 days at 15 1 tobaccoe p Day. 435 
1 tobaccoe. 

400. To Provision & Liquors down Supe 400 1 tobaccoe. 
in all 2455 1 tobo: 

James Cullen his account Regulated & allowed as follows 
(to witt) 2618. To Seuerall of the Burgesses expenses after 
adjourned. 2618 1 tobo: 

The article of 262 ltobo: for the grand jurors expenses p 
Davis his noate Referred to Dauis. being allowed in 
Browns accompt. 
P . 22 M r John Pollard his expenses referred to himselfe hee 
having an allowance by Act of Assembly as a Justice of the 
Provinciall Court. To his attendance Seven dayes as a Count 
Examining the Records of the Commissaries, writing and 
transcribing fair Copies of the Lysts of all the Records in the 



Assembly Proceedings, May 8-22, 1695. 199 

s d office, as all soe of all the Bonds & and fiue dayes in veiwe- o.iginai 
ing ouer the Records in the Secretaries office & allowed Joun 
800 lbs. 

M r John Watson his accompt examined and allowed for 12 
days attendance in Novemb: Court 1694, as a Justice of the 
Provinciall Court 1840, And two dayes Itenerant Charges. 
1840 1 tobaccoe. 

The Comittee adjourned untill two of the Clock in the 
Afternoon. 

Eodem die. The Comittee Mett again. Present as before. 
The Comittee adjourns untill to Morrow Morning at ten of 
the Clock. 

Friday May the 17 th 1695. 

The Comittee Mett again. Present 

Cap' William Whittington, Chairman. 
M r Robert Mason ) \ 

M r Tho s Greenfield j M r George Lingham J 

To Stephen Blatchford for transcribing 4 Copys of the 
Journall of the Councill to be sent for England, and Examin- 
ing and drawing Copyes 3450 of the Provinciall Records in 
the Secretaries & Commissaries office and other business &c. 
allowed 3450 1 tobaccoe. 

1 200. To Nicholas Crouch for transcribing two Copyes of 
the Lawes to be sent for England, allowed by order of the 
house, 1 200 1 tobaccoe. 

600: M r William Cooper allowed by order of the house, 
for being Clerke at the laying of the publick levy 600 
1 tobaccoe. 

Assigned to M r Joshua Doyne of S' Maries County. 

1 tobaccoe: 1 To Hono ble S r Thomas Lawrence Baronett, his 
1 200: j Majestyes Secretary for Proclamation for a ffaste 

day 480 1 tobo: for Cofnission and dedinus Potestatem to try 
James Welsh 720 1 tobo: in all 1200 1 tobacco. 

M r John Dorsey's Petition for a boate to Carry down 
(present) the Burgesses of Ann Arundell County to S' Maryes, 
Septem* 1693. referred by the house to the Comittee, and by 
the Comittee referred to the County, being levyed for their 
vse Anno Domi: 1694, as by the Journall of the Cofflittee 
appears. 

The Comittee adjourned for an hour: 

Eodem die. The Comittee mett again. Present as before. 
The Comittee adjourns untill to Morrow Morning at nine 
of the Clock 



200 Assembly Proceedings, May 8-22, 1695. 

original. Satturday May the i8 lh 169s. 

Journal. * J y ° 

The Comittee mett again Present, Cap' W m Whittington 
chairman 

M r Robert Mason j |_ 

M r Thomas Smith j M r ffrancis Watkins \ 

p- 2 3 Ordered that the 720 1 tobo Allowed for boate hire to the 
County of Ann Arundell October 1694, as by the Journall 
appears for carrying down the Burgesses of Ann Arundell 
County to St: Maryes Septem r 1693 ^ e by the Sherife of the 
s d County paid to the owner of the s d boates &c: 

The Comittee adjournes till Munday at two of the Clock in 
the afternoon. 



Munday May the 26 ,h 1695. 

The Comitee mett again. Present, 

M r Robert Mason, 
M v Thomas Smith I M r George Lingham 

M r Thomas Greenfield j M r Ffrancis Watkins 

Cap' William Whittington Chairman being absent, M r 
Robert Mason, was chosen chairman and tooke his place 
accordingly. 

Allowed Major Edward Dorsey upon his account by order 
of the house as follows (to witt) 

ltob. 

10650: ffor six labourers for the use of the publick 10650 

2400: ffor twelve barrells of Corne, 2400 

1 100: One beefe and two hogges 1 100 

300: ffor Six bushells of beanes 300 

50: ffor a parcell of nailes 50 

450: Spent upon the Agreement 450 

200 ffor the vse of a flock bed 100 



15050.. in all 15050.. 



600 Abated -p order of the house upon y r s d accompt 600 



15450 Soe there remaines due I 445° 



1 tobaccoe ") More allowed the s d Dorsey for 

1 800 j- nailes for the Court house 1 tob. 600 | 1 tob. 
More allowed ditto, 400 > 1800 

To Ditto for 800 foote of plank 800 J 



Assembly Proceedings, May 8-22, 1695. 2QI 

1000: Allowed by order of the house to William Browne Or 
for a pair of Cart Wheeles and the body of a Cart 1000 J°' 
1 tobaccoe. 

1600: Allowed by order of the House to Cap' John Dorsey 
for a Cart horse. 1600 1 tobaccoe. 

1400: Allowed -p order of the House to Samuel Howard 
for a cart horse 1400 1 tobaccoe. 

900. Allowed -p order of the house to Cap' Samuell Philips 
for harness for two horses 400 lb tob° to ditto for a new flock 
bed and furniture 500 1 tobo: in all 900 1 tobaccoe. 

Allowed -p order of the house to Collo Henry Ridgely 

1 tobo: 
To one rll four yeares old 450 ") 

To a flock bed, holster blanketts & Rugg 500 | 

To 4 falling axes and a grubbing hoe 130 \ 

To one horse 180 

To 200 p°of porke from Richard Snowdens, 400 J 



1 tobaccoe 


] To a flitch of bacon 


140 1 


1 tobaccoe 


3007 


>To two new flock beds and 


| 






J furniture 


1200 y 


3007 




To 4 p cs of Soape: 6 alkimy 


1 






spoones & 500: 8 d nailes 


97 J 





2400: Allowed p order of the house to William M c Cubbin 
and three partners for making the fence. 2400 1 tobaccoe. 

900: To M ra Prostor for their Accomodations. 900 
1 tobaccoe. 

600: ffor the timber that made the ffence to Lancelott 
Todcl. 600 1 tobo: 

3000: Allowed by order of the house to Edward Snelling 
for fitting up the Court house as by agreement. 3000 
1 tobaccoe. 

800: To M rs Proster for dyett for the Workmen employed 
thereupon. 800 1 tobo: 

Allowed Coll° Charles Hutchins by order of the house. 



ffor 1 2 beeues at 3 lb a piece 
ffor 2400 p° of porke c 208 p hundred, 
ffor 3 tunn of barrells. 
ffor 28 bushells of Salt 
ffor 8 bushells of beans 

ffor 30 flitches of bacon, Con' 1255 lb: at 6 d 
V P° 

548. To 66 pans of Earthen ware at 54 



lb. 


s. 


d. 


36- 


00.. 


00 


24.. 


1 2.. 


00 


04.. 


14.. 


06 


07.. 


00. 


00 


01.. 


08.. 


00 


3 1 - 


07.. 


06 


S 1 tobaccoe. 



202 Assembly Proceedings, May 8-22, 1695. 

Original 400. Allowed John Claxstone bricklayer by order of the 

Journal. ) lol1se> ^ QO \ toDO : 

3000. Allowed to W m Carter bricklayer by order of the 
house. 3000 1 tobo: 

M r William Holland his accompt regulated and allowed for 
pressing men & horses and ordinary expenses for the men to 
convey the 3000 [ Provinciall Records & the Commissaries 
Records to Ann Arundell Town — 3000 1 tobaccoe. 

Allowed Jacob Lockerman Sherife of Dorchester County 
for boate hire to carry the Burgesses over at the Assembly in 
ffebruary 1694, and 1440, \ at the Assembly in May 1695, I 44° 
1 tobaccoe. 

1680 Allowed M r Robert Mason one of the Justices of the 
Provinciall Court for 12 dayes attendance in Novemb : Court 
1694 c i40 lbs Tobo: per day 1680 Is tobaccoe, allowed ditto 
Mason for two dayes Itenerant 160 [charges at 80 

1 tobo : p day, 1 60 1 tobaccoe. 

840 Allowed ditto Mason as a Justice of the Provinciall 
Court for his attendance in ffebruary Court 6 dayes c 1 40 
1 to : p day. 840 1 tobo : 

480 Allowed ditto Mason for 6 dayes Itenerant charges c 
80 lbs tobo : p day, 480 1 tobaccoe. 

1 tobaccoe ) allowed ditto Mason for his attendance as a 

i960 } Delegate for S' Maries County in May 

Assembly to the 20 th of May 14 dayes at 140 ltobo: p day. 
1 960 1 tobaccoe. 

480 Allowed ditto Mason six days Itenerant charges at 
80 1 tobo p day, 480 1 tobaccoe. 

780 Allowed ditto Mason for Canvas baggs and threed and 
making. 780 1 tobacco. 
P . 25 1 tobaccoe ) allowed ditto Mason for bringing up the 
1000 j Secretaries & Commissaries Records in his 
Sloope to Ann Arundell Town. 

1000 I tobo:} 1600 Allowed ditto Mason for the Mens 
provision, 1600 1 tobaccoe. 

2400 Allowed Clebourne Lomax for transcribing three 
Journall's of the House of Burgesses to be sent for England, 
2400 1 tobaccoe. 

195 Allowed M r James Browne for the expenses of the 
comittee of accompts, 195 1 tobaccoe. 

435 Allowed ditto Browne for Cleborne Lomax his expenses 
435 1 tobo : 

415 Allowed ditto Browne for the other Clerks and Cap' 
Hollands expenses 141 5 1 tobaccoe, And as for the Councel- 
lors Expenses Referred to themselves to pay. 

420 Allowed Cap' William Dent one of the Delegates for 
Charles County for his expences 3 dayes in Assembly in 
ffebruary 1694 at 140 1 tobo : p day, 420 1 tobaccoe. 



Assembly Proceedings, May 8-22, 1695. 2 °3 

320 Allowed ditto Dent 4 dayes Itenerant charges Comeing oh 
& goeing at 80 1 tobo : p day, 320 1 tob : ^ ov 

140 Allowed M r George Lingham one of the Delegates for 
Calvert County one dayes attendance in assembly in ffebruary 
1694, l 4° lbs. 

160 Allowed ditto Lingham 2 dayes Itenerant charges come- 
ing & goeing at 80 1 tobo : p day, 1 60 1 tobo : 

420 Allowed M r Henry Hawkins one of the Delegates for 
Charles County for 3 dayes attendance in Assembly in ffeb- 
ruary 1694, at 140 1 tob : p day, 420 1 tobaccoe. 

320 Allowed ditto Hawkins 4 dayes Itenerant charges 
Comeing & goeing at 80 1 tob : p day 320 1 tob. 

420 Allowed Major James Smallwood one of the Delegates 
for Charles County for 3 dayes attendance in Assembly in 
ffebruary 1694 at 140 1 tobo: p day, 420 1 tob: 

320 Allowed ditto Smallwood four dayes Itenerant Charges 
comeing and goeing at 80 1 tob : p day, 320 1 tob: 

140 Allowed M r William Hutchison one of the Delegates 
for Charles County for one dayes attendance in Assembly in 
ffebruary 1694, 1 40 1 tobaccoe. 

320 Allowed ditto Hutchison 4 dayes Itenerant charges 
Comeing & goeing at 80 1 tob : p day 320 1 tobaccoe. 

420 Allowed M r Thomas Tasker one of the Delegates for 
Calvert County for three dayes attendance in Assembly in 
ffebruary 1694 at 140 1 tob : p day, 420 1 tob: 

160: Allowed ditto Tasker two dayes Itenerant Charges at 
80 p day 160 1 tob: 

1980 Allowed M r Thomas Greenfield one of the Delegates 
for Calvert County for his attendance 13 dayes in Assembly 
in May 1695 to the 5 th day of the s d month, at 140I to : p Day, 
1820 1 tob: and two dayes. p . 

1 tobaccoe ^ Itenerant charges at 80 1 tob : p day, 1 60 
1980. j ltob in all 1980 1 tobo: allowed M r George 

Lingham one of the Delegates for Calvert County for his 
attendance in Assembly in May 1695, 13 days to the 20" 1 of 
the s d month at 140 ltob. p clay 1820 1 to: and two days 
Itenerant charges at 80 1 to : p day, 160 1 to: in all 1980 
1 tob : Allowed M r ffrancis Hawkins one of the Delegates for 
Calvert County, for his attendance in Assembly in May 1695, 
13 dayes at 140 1 tob. p day till 20 th day of the s d month 1820 
1 tob. and two dayes Itenerant charges at 80 1 tob : p day. 
160 1 tob. in all 1980 1 tob: 

Allowed M r Thomas Tasker one of the Delegates of Cal- 
vert County for his attendance in Assembly in May 1695, 13 
days to the 20 th of the s d moneth 1820 1 tob. and two dayes 
Itenerant charges at 80 1 tob. p day 160 ltob: in all 1980 
ltob: 



204 Assembly Proceedings, May 8-22, 1695. 

Original Allowed M r Henry Hawkins one of the Delegates for 
journal. ch ar i es County for his attendance in Assembly in May 1695, 
10 dayes at 140 1 tob : p day 1400 and four dayes for 
Itenerant charges at 80 1 tob. 300 1 tob: in all 1720 1 tob: 

Allowed Major James Smallwood one of the Delegates for 
Charles County for his attendance in Assembly in May 1695, 
13 dayes to the 20 th day of the s d month at 140 1 tob: p day 
1820 1 tob: and four dayes for Itenerant charges at 80 1 tob. 
p day 320 1 tob : in all 2 1 40 1 tob : 

Allowed Cap' William Dent one of the Delegates for 
Charles County for his attendance in Assembly in May 1695, 
1 3 days to the 20' of the s d month at 140 1 tob : p day, 1820 
1 tob : and four dayes for Itenerant charges at 80 1 tob : p 
day 320 1 tob : in all 2140 1 tob: 

The Committee adjourns till to morrow morning at nine 
of the clock. 

Twesday May the 21" 1695. 
The Committee mett again. Present. 

M r Robert Mason Chairman 
M r Thomas Smith ) M r George Linwham 



M r Thomas Greenfield 



1 M r George Lingham ) 
I M r ffrancis Watkins J 



Allowed M r Thomas Smithson one of the Delegate for Tal- 
bott County for his attendance in Assembly in May 1695, 14 
dayes to the 21 st day of the s d month at 140 1 tob : p day 
1 960 1 tob : and for four dayes Itenerant charges comeing & 
goeing 80 1 tob : p day 320 1 tob: in all 2280 1 tob : 

Allowed M r Nicholas Lowe one of the Delegates for Talbott 
County for his attendance in Assembly in May 1695, 1 4 dayes 
to the 21 st day of the s d month c 140 1 to: *p day i960 1 tob: 
and for 4 dayes Itenerant charges & 80 1 tob : p day 320 1 tob: 
in all 2280 1 tob ; 

1 tobaccoe ) Allowed to Major John Hafnond for his 

1880 ) attendance as a Justice of the Provinciall 

Court in Novemb r last ten dayes at 140 1 tob: p Day 1400 
1 tob : and for his Itenerant charges six days comeing and goe- 
ing at 80 1 tob. p Day 480 1 tob. in all 1820 1 tob; 

Allowed ditto Hafnond as a Justice of the Provinciall Court 
in ffebr y last 5 days & 140 1 tob. p day 700 1 tob : 

Allowed ditto Hafnond as a Delegate for Ann Arundell 
County for his attendance in assembly in May 1695, at 140 
ltob: p day 12 dayes to the 21 st day of the s d month, 1680 
1 tob. 

Allowed M r Edward Boothby for a boate for the Countryes 
Service in ffebruary 1694, 720 1 tob: and for a boate in May 
1695, 7 2 ° lb s i m a ^ x 44° 1 tc, b: 



Assembly Proceedings, May 8-22, 1695. 2 °5 

Allowed ditto Boothby one of the Delegates for Baltimore original 
County for his attendance in Assembly in ffebruary 1694, 3 J ourIial - 
dayes at 140 1 tob : p day, 420 1 tob : and four dayes 
Itenerant charges comeing & goeing at 80 1 tob. p day 320 
ltob: as allsoe 14 days for his attendance in Assembly in 
May 1695, to tne 21 st of the s d month & I40 lb tob : p day 
i960 ltob, and four dayes Itenerant charges comeing & goe- 
ing at 80 ltob: p day, 3200 ltob: in all 3020 1 tobaccoe. 

Allowed M r ffrancis Watkins one of the Delegates for Balti- 
more County for his attendance and Itenerant charges as 
above in ffebruary & May Assemblyes to the 21 st of the s d 
month 3020 1 tob : 

Allowed Cap' James Maxwell one of the Delegates for 
Baltimore County for his attendance and Itenerant charges 
afores d in ffebruary & May Assemblyes to the 21" of the s d 
month 3020 1 to : 

Allowed to M r John Fferry one of the Delegates for Balti- 
more County for his attendance and Itenerant charges as 
afore sd in ffebruary & May Assemblyes to the 21 st of the s d 
month 3020 1 tob : 

Allowed M r John Bosnian one of the Delegates for Sumer- 
sett County for his attendance in Assembly May 1695, J 5 
dayes at 140 ltob: p day 2100 ltob: and six dayes Itener- 
ant charges comeing & goeing at 80 1 tob : p day 480 1 tob : 
in all 2580 1 tob : 

Allowed M r Thomas Dickson one of the Delegates for 
Sumersett County for his attendance in Assembly in may 1695, 
12 dayes at 140 ltob: p day 1630 ltob: and Six dayes 
Itenerant charges comeing & goeing at 80 1 tob: p day 480 
1 tob: in all 2i6o ld tob. 

Allowed Cap' Thomas Waughob one of the Delegates of 
the Citty of S' Maries for his attendance in Assembly in 
ffebruary 1694, 3 dayes at 140 ltob: p day, 420 ltob: and 
Six dayes Itenerant charges at 80 1 tob : p day 480 and 14 
dayes attendance in Assembly in May 1695 at 140 1 tob; p 
day to the 21 s ' of the s' 1 month i960 ltob: and six dayes 
Itenerant charges at 80 btob: p day, 480 l tob: in all 3350 
l tobaccoe. 

ltob: ) Allowed M r Philip Clarke one of the Delegates p . 28 

3340 ) for S'Maries County for his attendance in Assembly 
in ffebruary 1694, a "d for his Itenerant charges, and for his 
attendance in Assembly in May 1695 to the 21 s ' day of the s' 1 
month and for his Itenerant charges as afore d 3340 1 tob : 

Allowed M r John Watson one of the Delegates for St : 
Maries Citty for his attendance in Assembly in May 1695, 15 
dayes to the 21"' of the s d month at 140 1 tob: p day 2100 
1 tob : and for his Itenerant charges Six dayes goeing and 
comeing at 80 1 tob : in all 2580 1 tob : 



206 Assembly Proceedings, May 8-22, 1695. 

Original Allowed to M r Henry Hooper one of the Delegates for 

journal. D orcr , ester County for his attendance in Assembly, May 1695, 

12 dayes to the 21 st of the s d month at 140 1 tob : p day 

1680 1 tob : and six dayes for his Itenerant charges Comeing 

and goeing at 80 1 tob : p day 480 1 tob : in all 2 1 60 1 tob. 

Allowed M r Thomas Ennalls one of the Delegates for Dor- 
chester County for his attendance in Assembly in ffebruary 
1694, 3 dayes at 140 1 tob p day 420 1 tob, and six dayes 
for his Itenerant charges Comeing and goeing at 80 1 tob : 
p day, 480 1 tob, in all 900 1 tob : 

Allowed M r Thomas Hicks one of the Delegates for Dor- 
chester County for his attendance in Assembly in ffebruary 
1694, an d for his Itenerant charges as above, 900 1 tob : 

The s d M r Thomas Ennalls and M r Thomas Hicks for their 
attendance in Assembly in May 1695 to be allowed for the 
Same in the Levy in October next. 

Allowed M r Kenelm Chiseldyn one of the Delegates for 
S' Maries County for his attendance in Assembly in ffebruary 
1694: 3 dayes at 140 ltob: 420 ltob: and for his 
Itenerent charges comeing and goeing six dayes at 80 ltob: 
p day, 480 ltob, and for his attendance in May 1695 in 
Assembly: 14 days till the 21 s ' day of the s d month at 140 
ltob: p day, i960 ltob, and six days Itenerant charges 
comeing and goeing at 80 1 tob : p day, 480 1 tob in all 
3340 ltob: Allowed Major John Thompson one of the 
Delegates for Cecill County for his attendance in Assembly 
in ffebruary 1694, 3 dayes a t 140 ltob: p day, 420 ltob: 
and four dayes for his Itenerant charges Comeing and goeing 
at 80 ltob: p day, 320 1 tob: and for his attendance in 
Assembly in May 1695, T 4 dayes till the 21 st of the s d month 
i960 1 tob: and four dayes for his Itenerant charges Com- 
ing and goeing at 80 1 tob: p day, 320 1 tob: in all 3020 1 tob: 

Allowed Coll° Casparus Herman one of the Delegates for 
Cscill County for his attendance in Assembly in ffebruary 
p 29 1694, 3 dayes at i4o' bs tob: p day, 420 ltob: and four days 
for his Itenerant charges Comeing and goeing at 80 1 tob, 
p day 320 ltob: for his attendance in assembly May 1695 
14 days to the 21 st of the s d month J ltob: ) at 140 ltob: 
p day i960 ltob: and four dayes \ 3020 (for his Itener- 
ant charges comeing and goeing at 80 1 tob : p day 320 1 tob: 
in all 3020 1 tobo : 

Allowed M r John Hinson one of the Delegates for Kent 
County for his attendance in Assembly in 1694, and two dayes 
for his Itenerant charges, and allsoe for his attendance in 
Assembly in May 1695, 14 dayes till the 21 st of the s d month 
and for his Itenerant charges comeing and goeing two dayes 
as before, 2700 1 tob: 



Assembly Proceedings, May 8-22, 1695. 2 °7 

Allowed M r Hans Hanson one of the Delegates for Kent Original 
County for his attendance in Assembly in ffebruary 1694, and J° urnal - 
two dayes for his Itenerant Charges Comeing and goeing, 
for his attendance in Assembly in May 1695, 14 dayes to the 
21 st day of the said month, and for his Itenerant charges 
goeing and Comeing two dayes as before 2700 1 tobaccoe: 

Allowed M r Samuel Smithson of the Delegates for Kent 
County for his attendance in Assembly in ffebruary 1694, and 
for his Itenerant charges two dayes Comeing and goeing, and 
for his attendance in Assembly May 1695, 14 dayes to the 21 s ' 
day of the said month, and for his Itenerant charges Comeing 
and goeing two dayes as before, 2700 1 tobaccoe. 

Allowed James Baker door keeper upon his petition for his 
attendance. 2000 1 tobaccoe. 

John Wincoll his accompt Regulated and Allowed. 660 
1 tobaccoe. allowed John Newton Drufher for his attendance 
two Provinciall Courts and this and the last Assembly. 1200 
1 tobaccoe. 

M r John Larkins his accompt Regulated & Allowed. 7026 
1 tob: William Price of S' Maries County his accompt Regu- 
lated and allowed. 450 1 tobaccoe. 

Allowed Thomas Blake upon his petition p order of the 
house. 1 200 1 tob: M r Robert Carss his accompt referred 
till October next to examine the Journalls. 

Allowed to M r " Rachell Prostor for the Expenses of the 
Comittee of accompts and Cleborne Lomax Clerke his 
Expenses. 578 1 tob. 

Allowed M r Matthew Scarborrow one of the Delegates for 
Summersett County for his attendance in assembly in May 
1695. l l dayes to the 20 th day of the s d month c 140 1 tob: 
p day, 1540 1 tob: and six dayes for his Itenerant charges 
comeing and goeing at 80 1 tob p day 480 1 tob. in all 2020 
1 tobaccoe. 

Allowed to Cap' Richard Hill one of the Justices of the 
Provinciall Court for his attendance in November Court 1694. 
ten dayes at 140 1 tob: p day. 1400 1 tob: and six dayes for p . 30 
his Itenerant charges Comeing and goeing at 80 1 tob: p day 
480 1 tob: and for his attendance two dayes in ffebruary Court 

1694. at 140 1 tob: 280 1 tob: and for his attendance in May 

1695. > n Assembly as a Delegate for Ann Arundell County 14 
dayes to the 21 st day of the s d month at 140 1 tob: p day i960 
1 tob: in all 41 20 1 tobaccoe. 

Allowed to Cap' William Holland for the Expences of Coll° 
Charles Hutcheson, when hee agreed with the Workmen 
expended at M rs Prostors. 672 1 tobaccoe. 

Allowed to M r Charles Hatton of Charles County as a 
Justice of the Provinciall Court for his attendance at S' Maries 



208 Assembly Proceedings, May 8-22, 1695. 

original in Novem r Court 1694. 12 dayes at 140 1 tob: -p day. 1680 
journal. ] tob: and for his Itenerant Charges Comeing and goeing four 
dayes at 80 1 tob: p> day 320 1 tob: and for his attendance in 
ffebruary Court 1694. 3 dayes at 140 1 tob: *p day 240 1 tub: 
and four dayes for his Itenerant charges comeing and goeing 
at 80 1 tob : -p day 320 1 tob: in all 2560 1 tobaccoe. 

Memoranded: that which was spent the last Sessions of 
Assembly in ffebruary last at the house of M rs Prostors by the 
Severall Respective Burgesses then present be by them Satis- 
fied and paid out of their Allowances, being 7269 ltob: 
Allowed to Kent County for a boate to bring the Burgesses 
in ffebruary & May Assemblies, 1440 1 tobaccoe. 

Allowed by order of the House to Coll John Hinson for 
nine barrells of Corne, 2000 1 tobaccoe. 

Allowed by Order of the House to M r John Murrough his 
Ex cy the Governour's waiting gentd m 2000 1 tobaccoe. 

Allowed by order of the House to M r Peregrine Coney, 
2000 1 tob. 

Allowed by order of the House to M r John Lillingstone, 
2000 1 tob : 

L L . 2 The Comittee adjourns to the House. 

Att a Sessions of Assembly held att Annapolis the 8 ,h day 
of May in the Seventh Year of the reigne of our Sovereigne 
Lord and Lady William and Mary by the Grace of God of 
England Scottland ffrance and Ireland King and Queen 
Defenders of the faith &c. Anoq Dni 1695 Were Enacted 
These following Laws 

An Act for setling Ann Arundell County Court att the 
Porte of Annapolis within the same County. 

Forasmuch as there is not any good Court house built and 
fitted for the County of Ann Arundell, And That the Pro- 
vinciall Court is now by Law Established to be held and kept 
forever hereafter att the Porte of Annapolis on the River of 
Seavern within the same County where there is and must of 
necessity be a Court house for the publick Service of this 
Province built which may be Sufficient for holding the County 
Courts in also and thereby the County saved the Charge of 
building a County Court house and the said Porte of An- 
napolis propagated and encreased Be it therefore Enacted by 
the King and Queen's most Excellent Maties by and with the 
Advice and Consent of this present Gen" Assembly and the 
P . s s Authority of the same That the Justices of the County Court 
of Ann Arundell County do att theire next meeting in their 
County Court adjourn themselves from the place the same 



Assembly Proceedings, May 8-22, 1695. 209 

Court shall be held to the Porte of Annapolis upon Seavern Lib. l 
River in Ann Arundell and there att the said Porte in the 
Court house of the Province hold and keep the said County 
Court and so all County Courts for the s d County shall for 
ever hereafter be held and kept att the said Porte of 
Annapolis att Seavern River aforesaid in Ann Arundell County 
aforesaid & att no other place whatsoever in the said County 
and that the Records of the said County be removed to the s d 
Porte there to be kept, and also that the Church to be built 
and Erected for the Parish in which the said Porte of Annapolis 
is shall be built and erected within the said Porte in such place 
and part thereof as to his Excellency the p r sent Govern" shall 
be thought fitt and Convenient, which shall for ever hereafter 
be Denominated Called and Known by the name of the Porte 
of Annapolis and by no other name or Distinction whatever. 

An Act for secureing of Adm rs and Executors from double 
paying of Debts & Limitting the time for payment of Obli- 
gations within this Province. 

Forasmuch as Doubts have arisen whether Executors or 
Administrators haveing fully Satisfyed so farr as Assetts all 
Debts due within this Province with respect to the quality of 
the same Debts should be Lyable to answer debts Contracted 
out of this Province being of a higher nature for preventing 
of all ambiguities for the future and to the end That the 
severall and respective Courts and the Practitioners thereunto 
appertaining may be Ascertained what methods & Measures 
hereafter to take in Cases of that nature it is prayed That it 
may be Enacted And Be it Enacted by the King and Queens 
most Excellent Maties by and with the Advice and Consent 
of this present Generall Assembly and by the Authority of the 
same That from and after the publication hereof no person or 
persons being Executors or Administrators of any Estate within 
this Province shall be lyable to pay or satisfy debts Contracted 
out of this Province of what nature or quality soever, Debts 
due to their Sacred Maties onely Excepted Before Debts due 
within this Province from the Estate or Estates of any person 
or persons Deceased shall be paid & Satisfyed if such Executors 
or Administrators shall have Assetts in his her or their hands 
sufficient to satisfy and pay the same such Executors or Ad- 
ministrators haveing respect to the quality of the Debts Due 
within this Province as aforesaid unless the Creditor or Cred- 
itors of the said Deceased being persons Resideing out of this p- 87 
province as aforesaid on any Action or Actions by him her or 
them brought against such Executors or Administrators as 
aforesaid upon any Debt or Contract of a higher nature then 



210 Assembly Proceedings, May 8-22, 1695. 

Lib. l. l. 2 those Contracted within this Province as aforesaid Be it by 
Statute Merchant or of the Staple Judgem' Bond or otherwise 
do upon Tryall make it Sufficiently appear that such Exec- 
utors or Administrators had due knowledge and Cognizance 
thereof upon due proof thereof as aforesaid if such Executors 
or Administrators shall have paid Debts of an inferior nature 
not recovered against them by due Course of Law or suffered 
Judgem 1 to go against them for any such Debt as aforesaid 
without pleading such forreigne Debt in stay of judgement 
such Executor or Administrator not haveing Assetts in his her 
or their hands Sufficient to pay the Debt as aforesaid and 
Satisfy the same the Court before whom such Action shall be 
brought shall give judgemt' and award Execution against such 
Executors or Administrators de bonis proprijs to such Creditor 
or Creditors as af d as the Law in that Case directs any thing 
in this present Act Conteined to the Contrary thereof in any 
wise notwithstanding, and for that it hath been found of Evill 
Consequence That Bonds Bills and other obligations under 
the hand and Seale of any person or persons within this Prov- 
ince which are of very Ancient Date and probably have been by 
the person or persons who were Debtors thereby long before 
paid and Satisfyed but for want of Due proof thereof or the 
receipt for payment through length of time become Casually 
last such Debt" are laid lyable by Law to pay and Satisfy such 
p. ss Debt or debts by them so formerly paid and Satisfyed as 
afores d Be it therefore Enacted by the Authority afors d by and 
with the Advice and Consent aforesaid That for the future no 
Bill Bond or other Obligation under the hand & Seale of any 
person or persons whatsoever that hath been or shall att any 
time hereafter be taken of any the Inhabitants of this Province 
aforesaid that shall not be renewed within five years from the 
publication hereof or within five years from the takeing of such 
obligation as af d and so for every five years successively be 
sueable or Impleadable in any Court within this Province, 
Debts due to their sacred Matys their heires and Successors, 
Bonds formerly given or hereafter to be given into any office 
within this Province or debts due to any persons under age 
non Sane memorie an beyond the Seas and not returning 
within five years as aforesaid (onely Excepted) Provided 
That this Act nor any thing therein Conteined be Construed 
or taken to give any Advantage or benefitt to persons fly- 
ing out of this Province and not returning within the time 
aforesaid anything in this present Act Conteined to the 
Contrary in any wise Notwithstanding. 



Assembly Proceedings, May 8-22, 1695. 211 

An Additional Act to the Act for Portes. Lib. 1 

Be it Enacted by the King and Queen's most Excellent 
Maties by and with the Advice and Consent of this present 
Generall Assembly and the Authority of the same That the p. 89 
Town Land att Oxford in Talbott County Constituted and 
Appointed a Town and Porte by a former Act of Assembly 
made att a Session of Assembly begun and held att the City 
of S' Marys the one and Twentieth day of September in the 
Year of our Lord one Thousand six hundred ninety and four 
be again Surveyed and layd out, That is to say some time 
before the last day of September next before the Comissioners 
in the afore recited Act nominated and Appointed bounding 
the same att Low Water Mark including the Island and so to 
the old bounded Tree att the Southermost part of the neck 
and that as well in the s' 1 Porte and Town as in the Porte and 
Town of Ann Arundell there be one or more places laid out 
and reserved as the Comiss rs of the respective Portes shall 
think fitt for the building of Ships and other Vessells and that 
the Officers of the Lord Proprietary for receiving the Dutys 
due and payable to his s d Lordship be hereby obliged by 
themselves or Deputys thereunto Authorized and appointed 
to reside att the said Ports & Towns for the dispatch of Ships 
and other Vessells Entring & Clearing att such Ports and 
Towns as aforesaid And be it also Enacted by the Authority 
aforesaid That the Two ports of Ann Arundel and Oxford for 
the future shall be Called known and distinguished by the 
names or Appellations of Annapolis and William Stadt. That 
is to say the Porte of Ann Arundell to be Called by the name 
of Annapolis and Oxford by the name of William Stadt and 
that there be purchaced to the said Town of William Stadt 
one hundred acres of Land adjacent to the said Town for a p- 9° 
Comon or Pasture for the benefitt of all persons within this 
Province that shall repaire to the said Town and that the 
same be laid out as above Expressed and that Six Acres of the 
same be reserved for publick buildings. 

An Act for Naturalization of Mathias Mathiason, als. Free- 
man, Peter Golley, John & Joseph Goutee and Joseph and 
John Sons of the s d Joseph Goutee & Leonard Camperson 

Be it Enacted by the King and Queens most Excellent Maties 
by and with the Advice and Consent of this Present Generall 
Assembly and the Authority of the same That Mathias Mathia- 
son als Freeman of Cecill County, Peter Golley; John & 
Joseph Goutee and Joseph & John sons of the said Joseph 
Goutee and Leonard Camperson of Talbott County within 
this Province Be from henceforth reputed and taken as 



212 Assembly Proceedings, May 8-22, 1695. 

Lib. l. l. 2 Naturall born Subjects of this Province and that by the 
Authority af d they be Enabled and adjudged to all Intents & 
purposes whatsoever to Ask have hold purchase and enjoy 
any Lands Tenements Rents and hereditaments to which they 
might in any wise be intituled as if they were free and 
naturall born Subjects and also that they shall and may be 
P- '" Enabled to prosecute maintain and avow and also Justify and 
Defend all and all mailer of Actions Suites pleas plaints and 
other Demands whatsoever as Liberally ffrankly ffreely fully 
Lawfully and securely as if they or either of them had been 
naturall borne people or Subjects of this Province any Law 
Statute or Custome to the Contrary notwithstanding 



An Act Ascertaining the ffees for Naturalization 

Whereas Diverse Complaints have been made That severall 
persons have taken and Exacted Immoderate ffees of Persons 
naturalized for prevention thereof for the future 

Be it Enacted by the King and Queens most Excell' Maties 
by and with the Advice and Consent of this present Generall 
Assembly and the Authority of the same that The ffees to be 
taken by the severall Clerks and Officers belonging unto the 
Assembly for the naturalization be such as shall be Allowed 
and adjudged by the respective Assemblys when and where 
such persons shall be naturalized and that no person whatso- 
ever presume to demand or Exact any more ffees of any such 
persons Naturalized then what are so allowed or to be allowed 
under the penalty of Two Thousand pounds of Tobacco to 
every such person Exacting or Extorting more than what is 
or shall be allowed by such Assembly Assessing the ffees as 
aforesaid the said forfeiture to be recovered in any Court of 
Record within this Province by Action of debt Bill plaint or 
Information wherein no Essoyn protection or Wager of Law 
to be allowed the one halfe to their Maties the other halfe to 
the Party Grieved. 



An Act for the Division and Regulating Severall Countys 
within this Province and Constituting a County by the name 
of Prince Georges County within the same Province 

Whereas Diverse of the Inhabitants of the Countys of S' 
Marys and Kent have by theire Petitions Complained That 
through the irregularitys of their Countys being so ill scituated 
that theire Court houses or Chief places of Judicature within 
their Countys canot be Seated for the Conveniency of the 
Inhabitants and Suitors to the Same therefore this Generall 



Assembly Proceedings, May 8-22, 1695. 2I 3 

Assembly have taken into their Serious Consideration to Lib. 1.. l. 
Address the Agrievances for the future do therefore humbly 
pray that it may be Enacted And Be it Enacted by the Kino 
and Queen's most Excellent Maties by and with the Advice 
and Consent of this present General Assembly and the Au- 
thority of the same That from & after the Twenty third day of 
April! next being S' Georges Day after the end of this present 
Session of Assembly That the bounds of S e Marys County shall 
begin att Point Look out and Extend it Selfe up Potomock 
River to the Lower Side of Birds Creek and so over by a 
Straight line Drawn from the head of the maine Branch of the p-93 
said Birds Creek to the head of Indian Creek in Putuxent 
River and which falls into Putuxent River including all that 
Land lying between Putuxent and Potomock Rivers from the 
Lower part of the said two Creeks and branches of Birds and 
Indian Creek by the line aforesaid and Point Look out as 
aforesaid and upon the uper Side of the s d Indian Creek and 
Birds Creek shall the bounds of Charles County begin where 
the uper bounds of S' Marys Ends and Extend it selfe upwards 
as farr as Mattawoman Creek and branch and bounding on 
the said Branch by a straight line Drawn from the head thereof 
to the head of Swansons Creek in Putuxent River including 
all that Land lying on the uper part of Birds Creek and In- 
dian Creek Branches where S' Marys County Ends to the 
Lower side of Mattawoman Creek and Branch & Swansons 
Creek and Branch between Putuxent and Potomock Rivers as 
aforesaid And be it enacted by the Authority afores d by and 
with the Advice and Consent aforesaid That the Land from 
the upper side of Mattawoman and Swansons Creeks & 
Branches Extending upward bounded by potomock on the 
West and Putuxent River on the East shall be and is hereby 
Constituted founded & Incorporated into a County of this 
Province and shall be Denominated Called and known by the 
name of Prince George's County and shall from and after the 
said Twenty third day of Aprill next Ensueing being S' 
George's Day as aforesaid have and enjoy all other Rights 
benefitts and priviledges Equall with the other Countys of this 
Province such as sending Burgesses to Assemblys haveing 
County Courts Sherriffe Justices and other Officers and Minis- i>- 91 
ters requisite & necessary and as used in other Countys of 
this Province And be it Emacted by the Authority aforesaid 
by and with the Advice and Consent aforesaid That the 
severall and respective persons hereafter in this Act men- 
tioned shall and are hereby Authorized Required and Impow- 
ered to Call to them the Surveyors of the Countys and Cause 
them to runn out the Lines and bounds of the said Countys of 
S' Mary's Charles and Prince George's Countys as aforesaid, 



214 Assembly Proceedings, May 8-22, 1695. 

. l. 2 that is to say from the heads of the Branches of Birds and 
Mattawoman Creek to Indian and Swanson's Creek as afore- 
said, That is to say M r Robert Mason & M r James Keech for 
S 1 Marys County, M r John Bayne and M 1 James Bigger for 
Charles County, M' William Hutchison, and M r Thomas 
Greenfield for Prince Georges County who are required and 
enjoyned by this Act att or before the Twenty third day of 
Aprill as aforesaid to Cause the said Two lines from the head 
of Birds Creek Branch to the head of Indian Creek Branch 
and from the head of Mattawoman Branch to Swansons 
Creek Branch fully to be marked and lined by a double line 
of Marked Trees That the same maybe known and perceived 
by all persons desireing to know the same and shall returne a 
Certificate of the due Courses thereof one to each County 
Concerned that is to say S' Marys, Charles, and Prince 
George's Countys and make Certificate to his Excellency the 
Governor and Councill to be recorded in the Councill Records 
95 and each County Courts Records aforesaid under the penalty 
of one Thousand pounds of Tobacco to each person hereby 
nominated and Appointed failing and Two Thousand pounds 
of Tobbacco to the Surveyor failing one halfe to the Informer 
the other halfe to the Vestry of the Parish where the Offender 
dwells to be recovered in any Court of Record within this 
Province by Action of debt Bill plaint or Information wherein 
no Essoyn protection or Wager of Law to be Allowed And 
be it further Enacted, by the Authority aforesaid by and with 
the Advice and Consent aforesaid That the place for holding 
the County Court of S' Marys County shall forever hereafter 
be att the City of S' Marys in the State house of the said City 
there formerly built att the Cost and Charge of this province 
and in no other place of the said County whatsoever the same 
State house being hereby Allotted and appointed by this 
present Generall Assembly to the County of S' Marys for 
holding and keeping theire Courts in and such other decent 
Services as to the Justices of the same County in full Court 
shall be Consented and agreed to And be it further Enacted 
by the Authority aforesaid by and with the advice and Con- 
sent aforesaid That from and after the Twenty third day of 
Aprill next after the end of this present Sessions of Assembly 
the Island of Kent shall be Added to and made part of Talbott 
County and Deemed reputed and Taken as part thereof And 
That that part of Talbott County lying on the North side of 
Corsecia Creek running up the main Eastern Branch to the 
head thereof and then with a Course drawn East to the out 
side of this Province shall be the Southerly Bounds of the 

p- 96 County of Kent and on the North by the County of Cecill any 
Law Statute or usage heretofore to the Contrary notwith- 



Assembly Proceedings, May 8-22, 1695. 215 

standing And be it further Enacted by the Authority afore- Lib. L. l. 
said by and with the Advice and Consent aforesaid that the 
persons herein nominated are Authorized & Impowered and 
hereby appointed sometime before the Twenty-third day of 
Aprill next to Call to them the Surveyo r of the County of 
Talbott and Cause the Bounds of the s d Countys of Kent and 
Talbott to be run out and marked by a Double line of Trees 
to be marked between Kent and Talbott Countys as aforesaid 
That is to say M r William Coursey for Talbott County and 
M r Symon Willmore for Kent County who are hereby Author- 
ized and required to see the same done and performed att or 
before the time aforesaid and returne a Certificate thereof as 
aforesaid under the Penalty aforesaid to be recovered as 
aforesaid. 



An Explainatory Act to the Act of all Laws heretofore made 
in this Province and Confirming all Laws made this Generall ' 
Assembly. 

Be it Enacted by the King and Queens Excellent Maties by 
and with the Advice and Consent of this p r sent Generall 
Assembly and the Authority of the same That those Private 
Acts heretofore made att a Generall Assembly begun and 
held att the City of S' Marys the fifteenth day of May in the 
year of our Lord one thousand six hundred Seaventy and six 
(to witt) An Act for the settling the Inheritance of the Reall 
Estate of Robert Cager as also his personall Estate upon the p. 97 
Mayor Recorder Aldermen and Common Councill of the City 
of S' Marys and theire Successors to the uses in the said 
Robert Cagers Will mentioned as also those other Private 
Acts made att a Generall Assembly begun and held att the 
City of S' Marys, the Twentieth day of October in the year oi 
our Lord one Thousand Six hundred Seaventy Eight to witt 
An Act for the naturalization of Joshuah Guibert and one 
other Act for the Naturalization of James Peane, Magdalen 
his wife Ann Peane and Jacob Lookerman of this Province 
and one other Act Concerning the secureing a Plantation with 
its Appurtenances to Mary Ward Executrix of the Last Will 
and Testament of Mathew Ward of Talbott County deceased 
to her and her heires for ever and that all other Private Acts 
whatsoever heretofore made be Confirmed ratifyed Denned 
reputed and taken to be in full force any Act or Acts hereto- 
fore made to the Contrary Notwithstanding. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at Annapolis, 
Oct. 3-19, 1695. 



CHARLES CALVERT, LORD BALTIMORE, 
Proprietary* 

FRANCIS NICHOLSON, 
Governor. 



THE UPPER HOUSE. 



Maryland ss: Original 

Journal. 

Journall of the Council, in Assembly p. i 

Octob r the 2 d 1695. 

Whereas the Gen" Assembly of this Province (by Severall 
adjournm 15 and Prorogations) stood prorogued untill the 
second day of Octob r instant, being by Proclamation (bearing 
Date the ic/ h day of August last past) appointed to meet at 
the port of Annapolis to do and Consent unto such things as 
by the favour of God should then and there happen to be 
Ordained for the Glory of God his Ma ts Service and the good 
of the Countrey, But it so falling out that (through Stress of 
weather) neither the Gentlemen of his Ma ts Hon rble Councill 
nor a Sufficient number of the members of the worshipfull the 
house of Burgesses could meet to sit according to Proroga- 
tion, on that day his Ex ncy was thereupon pleased to Order his 
Ma ts Writt to issue for the further prorogueing the s d 
Assembly untill the next day after the which was accordingly 
issued and sent unto the house of Delegates and Burgesses, 
the tenor whereof follows in these words, Viz* 

William the third by the Grace of God of England, Scot- 
land ffrance, and Ireland King Defend" of the ffaith & ca To 
our Councillors the Delegates & Representatives of the 
severall Counties of our Province of Maryland, Greeting 
Whereas upon the 22"' day of May last past, Wee thought fit 
to prorogue you untill the tenth day of Septemb r last, yet 
upon further consideration We thought fit and expedient for 
the good and welfare of this province and the good people 
thereof (by our Proclamation bearing date the 19"' day of 
August last) further to prorogue you untill the 2 d of Octob r 
instant, at which time We Commanded the sev'all and respec- 
tive Sherriffs of the severall Counties of our s' 1 Province to 
give notice to all and every of you that you should Convene 
yo r selves together at the Port of Annapolis upon the s 1 day 
last mentioned, then & there to do and Consent to such things 
as should by the favour of Almighty God happen to be done 
and Enacted for the good and welfare of this province, Now 
Know Yee th 1 for severall weighty reasons us thereunto move- 
ing, We have thought fit and do by these presents further 
prorogue you Untill the day after the date hereof; at which 



220 Assembly Proceedings, Oct. 3-19, 1695. 

Original time & at the place afores d We will & Require you th' you 

journal. c onvene your selves to the End afos d Witness our selves in 

our high Court of Chancery at our port of Annapolis the 

second day of Octob r in the 7"' year of the Reign &" Annoq 

Dni. 1695 

ffr Nicholson. 



At a Councill in Assembly by Prorogation (as above) mett 
and held at the port of Annapolis the third day of Octob r 
(being Thursday and in the seaventh year of his Ma ts Reign 
& ca Annoq Domini 1695 an ^ there Continued untill the nine- 
teenth day of the s d month being the ffourth sessions. 

Present 

His Ex ncy ffrancis Nicholson Esq: Cap' Gen" & C3 

j' Coll: Nich Greenberry ) 

The hon rbl < I Coll: John Addison I 

( Coll: John Courts ) 

Thomas Brooke Esq r l 

James Frisby Esq r ) 



Produced and Read at the board Cap 1 Thomas Taskers 
Return to certain instructions given him by his Ex ncy upon his 
Agency to New York. 

Then read a Lett r sent from his Ex" cy Coll: Benjamin 
ffletcher his Ma ,s Govern' of the Province of New York unto 
his Ex ncy ffrancis Nicholson Esq r Govern" of this province 
directed, bearing date the 30" 1 day of August last past, 
Ordered that the same be laid before the house of Delegates 
and Burgesses for their Consideration and th' Cap' Tasker be 
sent for to appear at this board with the aforementioned 
Instructions to see whether the same have been punctually 
complyed with. 

Adjourn till to morrow morning. 



ffryday, Octob r the 4' 1 ' 1695 

The Councill again Sate & were p r sent as yesterday with 
the addition of the hon rble Coll: Hen: Jowles, Coll. Charles 
Hutchins and Coll: David Browne. 

Came Cap' Thomas Tasker according to Ord r yesterday 
and appeared at the Board. 



Assembly Proceedings, Oct. 3-19, 1695. 221 

Then was read over those instructions given him in charge Original 
to New York together with Govern' ffletchers Letter and the J ournal - 
s d Cap* Taskers return to the same with a list of bills of 
Exchange raised out of the late additionall Act of the 3 d -p 
hhd: amounting to the sume of I99 lb 18 5 i d the which by the 
s d Cap' Tasker was delivered to his Ma' s Receiver Gen" of the 
province of New York as by Receipt for the same produced 
appeared: Delivered in also his Acco' of expences disbursed 
upon his Journey thither and back again which likewise was 
Read and approved off. 

His Ex ncy is pleased to ask Cap' Tasker what answer the 
Councill of New York Governm' gave Concerning sending 
some person from thence to be at our Assembly here, to which 
he says it was answered him that it was too expensive to send 
one, for that the last messenger had Cost their Governm' 19"' p. 3 
Sterl thereupon the hon rble Coll: Nich Greenberry then Presi- 
dent inform'd his Ex" cy and the Board that the s d messing' was 
at no expences dureing the time he staid on this side the Bay 
being the place where his business lay, but does withall 
observe as also severall others of the Gentlemen of the Coun- 
cill that he kept Drunckining up and down & was of very ill 
and rude behaviour dureing his stay here, and that it was no 
wonder for him to bring them in such an Acco' of Expences 
Considering the Character his brother Vanderbrugh at New 
Castle bears. 

Ordered th' all the aforementioned Papers together with 
other matters be gott ready against to-morrow in Ord r to be 
laid before the house of Burgesses. 

Read part of a letter sent from his Grace the Arch-Bishop 
of Canterberry and another from the Lord B p of London unto 
his Ex ncy the Governour the which were also Ordered to be 
laid before the house. 

Adjourn till to morrow morning. 

Saturday Octob r the 5 th 1695. 
The Councill again Sate and were 
Present 
His Ex" cy ffrancis Nicholson Esqr: Cap' Gen" &" 
Coll: Henry Jowles ) 

■ Coll: Nicholas Greenberry i 
tnenon <j Qq ^ Charks H utchins 1 

Coll: David Browne 

Coll: John Addison "] 
Coll: John Courts ! 
Thomas Brook Esqr: 
James ffrisby Esqr: J 



222 Assembly Proceedings, Oct. 3-19, 1695. 

Original Delivered pursuant to order by the Clerk of this board 
journal. unto q^, Thomas Tasker all the papers Yesterday here 
perused touching the business of New York together with 
ffour Proclamations issued by his Ex ncy in August last in 
Order to lay the same before the house for their Consid- 
eration. 

Adjourn till Munday morning. 

Munday, Octob r the 7" 1 1695. 

The Councill again Sate and were present as on Saturday. 

New York business again Recommended to the house 
and that they give some answer to the papers touching the 
Same now lying before them to witt the Govern' of New 
Yorks Letter & ca And withall proposed that they would make 
up at least so much money in proportion as the Colony of 
Virginia hath given towards the Defence of that Governm' 

Brought from the house of Burgesses, the following 
Resolve Viz' 

,,. 4 By the house of Burgesses Octob r the S lh 1695. 

Resolved by the house that his Ma' 1 ' be further addressed 
in relation to the assistance to New York required from us 
thereby Remonstrating our inability therein and our great 
desire to be discharged from the Royall Commands laid 
on us. 

Munday Octob r the 14 th 1695 
In reading Severall Resolves of the house of Delegates and 
Burgesses in answer to Severall proposalls made to them from 
this Board, it is observed that they give no answer to that 
part of a former proposall sent them relating to New York 
affair, touching the making up so much money in proportion 
as Virginia hath given towards the defence of that Governm' 
therefore proposed that the Act for the Additionall Duty of 
3 a *p hhd: be continued for that purpose, his Ex ncy being will- 
ing to advance money for the Countrey upon Credit thereof 
(it wanting) 

The answer of the House of Burgesses to the aforegoing 
proposall as follows Viz' 

By the house of Burgesses, Octob r 17" 1 1695. 

Resolved unanimously that if his Ex ncy shall please to 

advance so much money for the assistance of New York as 

with what has been already transmitted thither will make up 

our Quota proportionable to our Neighbouring Colony of 



Assembly Proceedings, Oct 3-19, 1695. 223 

Virginia being 1 33 lh 08 s 07* the house do hereby Resolve he Original 
shall be gratefully refunded the same out of the first money J ournal - 
accruing to this Province out of the Publick Revenue of the 
same. 

Ordered th' the Committee of Laws prepare a small bill in 
Complyance of their Ma ts desire for the assistance of New 
York. 

Resolved th 1 the Additionall Duty of 3 d p hhd: shall be no 
longer continued then till the Expiration of the present Act 
therefore. 

Read part of a Letter produced by his Ex ncy from the hon rble 
John Povey Esqr: one of the Clerks of his ma' 5 most hon rble 
Councill Dated the 8 day of June past; Ordered that the 
same be sent down to the house of Burgesses for their 
perusall 

Produced at the board and Read a Paper of Severall pro- 
posals and quaeries offered by his Ex" cy unto the hon rble his 
ma' 5 Councill as foll s Viz' 

( 1 ) That the Law for appeals & ca be inspected and P . 5 
explain'd what Sums Writts of Error maybe brought for before 
the Govern' and Councill and that it be provided therein that 
the King be not tyed up in any Sume from Appealing: and that 

in the s d Act it be also provided in Case the Govern" should 
be sick or absent or a party Concern'd in any Appeal or Writt 
of Error before his Ex ncy and Councill depending or hereafter 
to be brought that then the same be heard and tryed before 
the Cheif Councillo' present and ffour more of the Councill. 

(2) That the Law be explain'd about skins and ffurrs 
whether skins brought out of Pensilvania and Shipt here 
ought not to pay. 

(3) That an Imposition be laid upon all Goods brought 
into this Province and sent for Pensilvania ; at least Ten p 
Cent, or that shall be brought from Virginia going through 
this Countrey for Pensilvania. 

(4) That what money is already Reed: by the Duty upon 
ffurrs &" be laid out towards the building a Small Schoole 
house and maintaining a Schoole Master. 

(5) That the Law ag' exporting raw hides, Deer and Elke 
Skins be repealed being found prejudiciall, and that a small 
imposition be laid thereon to be appropriated to the Same 
vse as the imposition upon ffurrs. 

(6) To know whats to be done with the money raised by 
the exportacon of ffurrs, skins, porke, and beefe & ca 

(7) That a Law be made to keep a Distinct Dockett for 
the Severall Counties in the provinciall Court and for the 
apportioning the severall causes to be tryed upon a certain 
day. 



224 Assembly Proceedings, Oct. 3-19, 1695. 

ai (8) That a Law be made to appoint Audit rs in cases where 
lI " Audits are required and that they be Ordered to meet upon 
such Audits upon a certain day prefixed, for which an allow- 
ance may be settled upon them, and for non appearance that 
they be lyable to a ffine. 

(9) That no Appraisers upon dead mens Estates be Suf- 
fered to buy any of the Goods they so appraise. 

(10) That Instructions be given in the Law about the 
Rangers what they have to do in Case of meeting with 
Indians, and that one Officer more be Aded to be allowed 
700 lb of Tobacco -p month, so that as one Comes in from 
Ranging the other may goe out, and that they be obliged to 
make a great many Cabins up and down the Woods. 

(11) That the Rangers may be furnished out of the 
Dragoons Arms sent for in, at the prime Cost they stand 
charged at. 

(12) That the Law be Confirmed about the Ports, as they 
are now laid out, and that the bill now referred about Erect- 
ing Courts in the same be Considered. 

Quaere whether the Act for setling the Nav" Officers ffees 
&" made in Govern r Copleys time ought not to have been 
repealed upon the making the Act for Tonnage and ascer- 
taining Nav" Officers ffees. 
6 Oussrie whether a Clause inserted in the Act for Tonnage 
made in Govern" Copleys time touching Ships built in the 
Countrey ought not to be likewise repealed. 

Ordered that the aforegoing proposalls and quaries be laid 
before the house of Delegates and Burgesses together with 
the Letters and other papers aforementioned here Read, 
which accordingly was done 

Adjourn till to morrow morning. 



Tuesday, Octob r the 8 th 1695. 

The Councill again Sate and were present as Yesterday 
The following proposalls being also Offered at the Board, 
were by Ord r also laid before the house Viz' 

(1) Proposed that the Island at William Stadt be set aside 
for Publick buildings as a Church, a Schoole, a Court house 
& ca and a place for publick builders, and that Land be set 
a side at the Port of Annapolis for Publick builders also, and 
that the Same be Staked out and bear some -prticular Name. 

(2) That at William Stadt the parish Church be built 
within the port and the parish laid out as Convenient as Can 
be to it. 

(3) Proposed whether the ships now in the Countrey or 



Assembly Proceedings, Oct. 3-19, 1695. 225 

others that shall Come in, shall be cleared as they are ready, origii 
or be Stopt to go under a Convoy in a ffleet, & to advize J ourn 
which will most Conduce to his Ma ,s Service. 

(4) That at the port of Annapolis a Lot be laid out for the 
Minister nigh to the place where the Church is to stand, and 
that the minister be obliged to Read prayers, twice a day. 

(5) It being Represented that there is likely to be a 
scarcity of Corn in the Countrey this year, it is therefore pro- 
posed that an Order pass against the exportation of it. 

(6) Proposed that some sort of Remonstrance or Declara- 
tion be drawn up by way of advice to Signifye how unad- 
visedly severall persons of this province have been induced to 
goe out of the same with their wives and ffamilies ; some to 
the Southward & some to the northward, Viz' Carolina and 
Pensilvania being meerly deceived and led into such ffancy 
through a Common Empty rumour and Report of the great 
plenty those two places live in, which Reports are Raised by 
persons travelling from those parts: the Effects of which 
ffallacy diverse persons have by sad experience tryed, some 
being known to Returne again from those parts in a poor 
Condition, and others willing to Return if they Could, but 
are not able having sold their Estates here and by their 
removall spent and lost most or all of their Substance, 
whereby they have incapacitated themselves to make any 
Return; others have been Ignorantly perswaded and terrifyed 
out ot the province through a Vain and giddy headed notion 
and noise of Great and heavy taxes of a hhd: or more a head, 
Whereas the same Evidently appears a frivolous idle Com- P . 7 
plaint, not but that they are Something large, through Arrears, 
Ever since the Revolution, but now hope in God will be Satis- 
fyed this year so that the Leavyes will become as light as they 
used to be ; however the aforegoing matters and reports 
apparently tend to the disturbance of the peace and quiet of 
his Ma ,s good people here ; for prevention of which for 
the future, it is further proposed that in the s d Remonstrance 

it be likewise precautioned that any person hereafter coming 
from those parts, being discovered to intice away or 
Encourage any the inhabitants of this province to Remove 
hence by or through means of the Specious large Character 
by them given of those parts from whence they Come, such 
persons shall be lyable (upon Complaint of the same made 
and proved before a Justice of the Peace) to be committed to 
prison and answer the Law as a Common disturber or divulger 
of ffalse News & ca And the like for persons bringing an Evill 
Report upon the Countrey by maliciously and ffalsely spread- 
ing a broad a noise of great taxes, and lastly to sett forth that no 
persons are hereby hindred or intended to be hindred to re- 



226 Assembly Proceedings, Oct. 3-19, 1695. 

Original move out of the province to any place, as they shall fancy and 
journal, jj^g j^j. ^^ t ] ie y De we ]] a d v ized in the thing before they go 
about it least they Come to be sorry for their change, when it 
may prove too late. 

Recommended down to the house, by two persons Brick- 
makers, that they Examine them whether there be any Clay 
to be found within this port of Annapolis fitt to make bricks. 

They accordingly go down and Return again and say that 
they have passed the Examination of the house and had pre- 
sented unto them some Samples of Clay got within and near 
the port the which was liked and approved off. 

Then were Offered certain proposalls by the s d men the 
which being read were referred to the Consideration of the 
house of Burgesses. 

Adjourn till thursday morning. 

Thursday Octob r the 10 th 1695. 

The Councill again Sate & were present as before. 

Read a Letter from the hon rblc his Ma ts Councill of the Gov- 
ernm' of New York together with a Copy of certain proposi- 
tions of the ffive nations of Indians unto his Ex ncy sent and 
Directed. 

Read a Petition preferred by M r Attorney Gen" praying 
therein that a settlement might be made of his ffees: Ordered 
that the same together with the aforementioned Letter & ca be 
laid before the house for their Consideration 
p.8 The aforegoing papers being sent by the Clerk of this 
board who was also given in Charge to acquaint the house of 
Delegates and Burgesses that his Ex ncy desires they would 
walk down towards the Dusk of the Evening for to Drink his 
Ma ,! health at which time he would cause a bone fire to be 
made for the Joyfull news of his ma ts Success ag' the ffrench, 
a Letter whereof by his Ex ncy received had been here Read 
and was sent for their perusall He Returns and says that 
he had performed his message and that the house will wait 
upon his Ex ncy accordingly. 

Produced and Read the Committees Return, who were 
formerly appointed for inspecting the publick Revenue, 
wherein, the state of Govern" Copleys Acco' is set forth & ca 

Read afterwards M r Tench's Exceptions (as adm r of the s d 
Govern Estate) therein craving allowance for Severall other 
matters ; the s d Report was approved of and Ordered that the 
s d Report and paper of Exceptions, together with all other 
papers touching the s d Report be sent and laid before the 
house of Burgesses for their Consideration. 

Adjourn till to morrow morning. 



Assembly Proceedings, Oct. 3-19, 1695. 22 7 

ffryday Octob' the u ,h 1695. Original 

Journal. 

The Councill again Sate and were present as yesterday. 

Came up to the Councill Chamber all the members of the 
house of Burgesses and Cap 1 William Dent in behalf of the 
rest acquaints the board, how th' he was given in charge to 
Signifye that they mett this morning according to Adjournm' 
yesterday, and finding the Speaker to have absented himself 
who was gone home sick, they therefore Came to take his 
Ex ncys directions about the Same ; to which his Ex ncy does say 
that then they must proceed to Choose a new Speaker, being 
a thing Presidentiall in England. 

They goe down to the house and Return again and present 
M r Kenelme Cheseldyne their Speaker, who after having dis- 
abled himself, was well approved off, by his Ex ncy and was 
directed to dispatch what business lay before the house. 

Came and appeared Cap' Rich 1 ' Brightwell and Cap' John 
Oldton Commanders of the two parties of Rangers, who gave 
an acco' of their Ranging this year, his Ex ncy acquainting 
them of the proposall was made to the house of Burgesses 
concerning finding another Commander & ca and at the Same 
time gave them in Charge to go to the house to morrow 
morning and give an Acco' of their Ranging to the house, as v . 9 
also acquaint them about the proposall made concerning the 
Rangers and Signifye to them that you hope they will Cause a 
Law to be made for th' purpose. 

Came and appeared M r Rich d Beard Surveyo r of Ann 
Arrundell County with the Mapp of the port of Annapolis 
which was perused here. 

Read also a certain paper of proposalls by him put in for 
Encouragem' of building small Ships and Vessells, the which 
were approved of; and Ordered to be Carryed by the s li 
Beard to be laid before the house of Burgesses. 

Came M r Philemon Hemsley and produced the mapp of the 
Port of Williamstadt, the which (after perusall here) he in like 
manner was Ordered to Carry down to the house likewise. 

Adjourn till Munday morning. 

Munday October the 14"' 1695. 

The Councill again Sate and were present, as before except 
Coll: Jowles. 

Brought from the house of Delegates and Burgesses severall 
Resolves upon proposalls made to them from this Board 
which were Read as followes, Viz' 

By the house of Burgesses, Octob' the 8"' 1695. 
Vpon reading M r Poveys Letter in relation to the advancem' 



228 Assembly Proceedings, Oct. 3-19, 1695. 

Original of Coynes Resolved the Laws already proposed and sent for 
journal. Engird i s Sufficient, and th'this house will waite the Returne 
thereof. 

That upon his Ex ncies proposall, that noe appraisers purchase 
any dec'd Estate by them appraised. 

Resolved the Same is Sufficiently provided for by an Act 
last Sessions. 

As to his Ex ncies proposall in relation to the Rangers. 
Resolved that it be inserted in the Law appointing Rangers 
that a new Officer be aded to Each party and the pay raised 
according to proposall, also Resolved such Rangers upon occa- 
sion may be Supplyed with the dragoons Arms for the publick 
vse, at prime Cost, according to the proposall. As to the 
meeting with Enemies or fforreign Indians the house referrs 
them to his Ex ncies Orders and instructions. 
P . 10 In answer to his Ex nd " Proposall in Relation to the two 
Ports of Annapolis and Williamstadt. Resolved a Clause be 
aded to the Additionall Act to Ports and Towns and a bill 
being proposed and Read in the house for the advancem' of 
Trade in the afs d Ports was rejected for that within the same 
ports there are not people enough to serve as Commission' 5 
Juro rs and Officers of such Courts without going into the 
County for those who should attend the County Court, there- 
fore it is thought burthensome. 

Resolved the Committee of Laws inquire concerning the 
repealing the Law for nav" Officers ffees made in Govern 1 
Copleys time. 

Ordered the Committee of Laws prepare a bill explaining 
how the vicinage shall arise in the Tryalls in the provinciall 
Court. 

Resolved that by the Law for regulating Appeals and 
Writts of Error the King not being therein Named is not 
bound up from Appealing for any Sume ; And that Writts of 
Error shall lye from the Judgm' of the provinciall Court in all 
Cases where the debt or principall damage shall exceed Ten 
thousand pounds of Tobacco. 

The proposall relating to ffurrs, Skinns& ca Referred to the 
Consideration of the Committee of Laws. 

A Bill already prepared for imposing a Duty upon European 
Goods exported according to the proposall. 

Resolved the money Raised by the Act for an Imposition 
upon ffurrs be kept in Banck. 

Resolved the Act for Appealing Deer, Elke Skins, and raw 
hides be Repealed. 

Ordered the Committee of Laws prepare a bill that the 
Clerk of the Provinciall Court shall keep a Distinct Dockett 
for each County business As to the proposall relating to 
Auditts. 



Assembly Proceedings, Oct. 3-19, 1695. 229 

Resolved the provinciall Court make such necessary Ord' s Original 
therein as the Case shall require. Also Resolved the Severall J ournal - 
Courts of Common Law within this province make rules for 
the Speedy determining those Actions where merch' 5 are 
Suit' 5 

In Relation to New York ; Resolved no Agent be sent for 
England. 

Ordered the Committee of Laws inspect the Act ffor Nav" p- » 
Offic rs ffees; & take Care to explaine what Security shall be 
given by Masters of open Vessells upon taking out their per- 
mitts and what ffees the offic rs shall Receive that Grant the 
Same and that a penalty be therein imposed upon such 
Officer as shall Exact more ffees than allowed by the said Act. 

Ordered th' for the Encouragem' of those persons that have 
or shall build Ships or other Vessells within this province 
being inhabitants within the Same; The Act for the Imposi- 
tion of ffour pence *p Gallon be amended according to the 
Resolve of this house in March last. 

Ordered the Publick Treasurers of this Province produce 
their Acco ts to this house on Tuseday next. 

Ordered the Committee of Laws prepare a bill for Releife 
of those p r sons that have paid the Countrey Dues and Shipt 
of Tob° which hath been taken or otherwise perished at Sea. 

Ordered Thomas Tench Esq' Adm tr of his Ex ncy Govern' 
Copley deed: appear before the house on Tuseday next to 
Render an Acco' of 7000o lb of Tob° Supposed to be lodged in 
Govern' Copleys hand by the Gen" Assembly of this province 
in may 1692. 

Ordered Coll: Herman acquaint Maj r Hamond and Cap' 
Hill how farr he hath proceeded towards Erecting and finish- 
ing the New Court house who are to Report the Same to his 
Ex ncy and the hon' blc Councill. 

Resolved a Bill be prepared to Confirm the persons Titles 
who have taken up lots in Towns and built thereon according 
to fformer Acts of Assembly. 

Munday October the 14''' 1695. 

Resolved because of the Uncertainty of the Arrivall of the 
ffleet, the Ships now in the Countrey when full may be 
cleared as his Ex ncy shall think fit. 

Resolved Nemine contradicente that his Ex ncy be desired to 
issue his Proclamation against the Exportation of Corn. 

Resolved the Commission'" of the Port of Annapolis lay out 
a Lot for the Minist' according to proposall. 

That his Ex ncy would be pleased to issue Proclamation Sig- 
nifying that all persons that shall vse such illegall and false 



230 Assembly Proceedings, Oct. 3-19, 1695. 

Original Specious Allurem" to intice the inhabitants out of this prov- 
journai. j nce s ] la ]j b e proceeded against according to the rigour of 
Law. 

W Bladen CI Assembly. 



Tuseday October 15 th 1695. 

The Councill again Sate & were p r sent as yesterday with 
the Addition of the hon rble Coll Henry Jowles 

The Resolves yesterday read were Assented to by his Ex ncy 
& Councill except such observations taken notice off in the 
following proposalls this day laid before the house, Viz' 

(1) Proposed that Seeing the house does not agree to 
Send an Agent for England touching New York business, 
that they Write to the hon rMe John Povey Esqr: and S r Thomas 
Laurence Barron' to Say what they think fitt in the Matt: 

(2) That they write an Answer to the Govern' and Coun- 
cills Letters of New York and th' a member of the house be 
Sent therewith to Inform them how matters are ; his Ex ncy 
imagining that the Charge will not be very great he having 
also kept M r Perry the Post for to wait upon the person th' 
shall be Sent. 

(3) That his Ex ncy is also willing and ready to lend the 
Countrey money upon the Same Creditt of the 3 d -p hhd: for 
the gratifying the R' hon rble W m Blathwaite and John Povey 
Esqr for their Services done for the Countrey. 

(4) That the house write an Answer to his Grace the Arch 
Bishop of Canterbury's Letter and return him thanks for his 
Patronage of their Schools as also another to the Lord Bishop 
of London and return him thanks for the Suffragan Bishop 
and Mission of Ministers he hath promised to send in. 

(5) That to the proposall touching his Ex ncys Sickness 
absence or being a party concern'd in Appeales and Writs of 
Error to be brought before the Govern' and Councill, the 
house has made no Answer. 

(6) That Some Order pass about taking up of Lots within 
the port of Annapolis, pursuant to a late Order of Councill to 
that Effect now lying before the house. 

(7) That upon Repeal of the Act for Deer, Elke Skins 
and Raw hides Some Small Duty be put upon the Same, 
when Exported, to be appropriated to the Vses as by the Act 
for Exportation of ffurrs & Skins is prescribed. 

(8) The Resolve of the house touching John Norwood, 
this Board doth not think fit shall stand, he having built a 
house upon Land reserved for Publick builders in opposition 
to the Act of Assembly of this province. 



Assembly Proceedings, Oct. 3-19, 1695. 2 3 1 

(9) That when the house have Compiled such a Body of On 
Laws as they think may be the Standing body of Laws of the J ou 
Province that they fhen imploy Some able Lawyer in England 

to digest them and put them into better Language, and So 
have them returned in again for perusall and approbation of 
the whole Assembly & afterwards to Send them back in Ord r 
to procure the Royall Assent to the Same and have them 
printed. 

(10) The Order of the house to the Committee of Laws v- ' 
Sent for prepareing a bill for the Releife of those persons 
that have paid the Countrey dues & Shipt of Tob° which hath 
been taken or otherwise perished at Sea ; it being a matter 
touching the Revenue will not be assented to but by a Supli- 
catory Act to be first laid before his Sacred Ma ty for that 
purpose. 

His Ex ncy having for the Satisfaction of the house Sent a 
Coppy of an Instruction relating thereto as follows, Viz' 

One of his Ma ls Royall Instructions. 

You are particularly not to pass any Law or do any Act by 
Grant Settlem' or otherwise whereby our Revenue may be 
lessened or impair'd without our Speciall leave or Command 
therein. 

Brought from the house of Burgesses and Delegates by 
Cap' Tasker Maj r Maxwell M r fferry and the following bills, 
Viz' 

An Act for Appeals & Regulating Writts of Error read first 
time & will pass with amendm' 

An Act for the Laying an Imposition on Severall Commodi- 
ties exported out of this province, Read first time and will pass 
w th amendm, 

An Act for appointing Rangers for the defence of this prov- 
ince Read and passed first time without alteration. 

An Act imposing the Duty of Ten -p Cent upon all 
European Goods exported out of this province, Read first time 
and will pass with amendm' 

An Act for the regulating the proceedings of the provincial 
Court and lessening the Charge of Evidences attendance, read 
first time and will pass with amendm' 

The hon rl ' lc Coll John Addison Sent down to the house to 
inform them concerning a Complaint made by the Empero' of 
Piscattaway, touching his young men, that he cannot Rule 
them. 

The aforementioned Severall bills were by Ord r returned 



232 Assembly Proceedings, Oct. 3-19, 1695. 

unto the house together with the hon rble his ma ts Councills 
Remarks upon the Same for amendm" &' :a By the hon rble Coll: 
Greenberry Coll: Hutchins, Coll: Brown and M r ffrisby. 
Adjourn till to morrow morning. 



Wednesday, October the i6 ,h 1695. 

The Councill again Sate and were p r sent as yesterday, 

Brought from the house of Burgesses and Delegates by 
Cap' Hill, Maj r Hamond, M r Saunders, & Coll: Peirce these 
following bills Viz' 

An Act for Imposition of four pence -p Gallon upon Liquors 
imported into this province, Read first time and will pass with 
amendm' 

An Act for Secureing Severall persons Rights to Town 
Land Read first time and passed without alteration. 

The said bills were Sent down to the house by the hon rMe 
Coll: Jowles Coll: Addison, Coll: Courts, and M r Brooks being 
instructed to acquaint the house what amendm' 5 in the s d bills 
are required. 

Sent also by them the house of Burgesses Address to his 
Sacred Ma' y being perused here and brought from the house 
by the messingers who came with the aforementioned Bills 
and was approved off with this Recommendation that in the 
beginning thereof they take notice to congratulate his ma 1 ' for 
his good Success ag' the Common Enemie the ffrench. 

Adjourn till to morrow morning. 



Thursday Octob r the 17 th 1695. 

The Councill again Sate and were present as Yesterday. 
Brought from the house of Burgesses by Maj r Hamond 
and Cap' Hill the following Message, Viz' 

By the house of Burgesses, Octob' 17 th 1695. 

The house takeing into Consideration the Message from 
yo r Ex ncy & the hon rble Councill Sent on Tuesday last by the 
hon rblc Coll: John Addison touching the Empero' of Piscatta- 
way's complaint; desire and intreat your Ex" cy out of yo r 
wonted Care for his Ma ts Service and the good of this prov- 
ince that you would be pleased to Examine into the Same and 
give such Ord rs & directions therein as to your Ex ncy in your 
Wisdom shall Seem meet. 

Signed p Ord r W Bladen CI Assembly. 



Assembly Proceedings, Oct. 3-19, 1695. 2 33 

Ordered that the Gent" of the Councill living nearest to the Origi 
s d Indians go and discourse them and withall acquaint them J oun 
that they must be Obedient to their Empero r and Articles of 
peace and to give the Empero r notice for to Warn his men 
that they may be got together within this ffortnight or 
three Weeks ; his Ex ncy being Designed to Come to them 
himself in person ; and further that the Gentlemen would in- 
form themselves what objections the s d Indians have ag' their 
Empero r . 

Proposed that the Church at mount Calvert be fitted to serve p. is 
as well for a Court house as Church, and so in all other places 
where the Same can conveniently be done, and that an Ord r 
of the house pass for the Same. 

Proposed that Some Ord r of the house pass to Effect the 
Seating of the Indian Land lying betwixt Pomunky and 
Mattawoman in Charles County Petition of Severall of the in- 
habitants of the port of Annapolis read & Referred to the 
Consideration of the house of Burgesses. 

The aforegoing proposalls & Petitions were delivered to 
Coll: W m Peirce one of the members of the house, by the 
Clerk of this Board in Ord r to be communicated to the house 
of Burgesses. 

Produced and Read a rough draught of a Proclamation 
touching persons inticed out of the Province; Ordered to be 
Sent down to the house of Burgesses for their perusall. 

Octob r the 18 th 1695. 

The Councill again Sate and were all p'sent except Coll 
Courts and M r Brooks. 

Brought from the house of Burgesses Severall Resolves 
which were Read as follows Viz' 

By the house of Burgesses, October the 17 th 1695. 

Resolved M r Briscoes papers relating to the publick Reve- 
nue be Entered upon the Journal! of the house of Burgesses 
and then delivered to M r Sam" Watkins the present Nav" Offi- 
cer of Petuxent District, who is to Collect the Same. 

Resolved a bill be prepared for the naturalization of Michaell 
Curtis. 

Resolved Maj r Edw' 1 Dorsey be allowed for defraying his 
Expenses as a Commission' in Chancery dureing his Sitting 
in the s d Court equall with the dayly allowance to the Burgesses 
of Assembly. 

Upon reading the Ord' of Councill of the 17 th of August 
1695 aD " Seating the Indian Land; the consideration thereof 



234 Assembly Proceedings, Oct. 3-19, 1695. 

Original is referred to the next sessions of Assembly and his Ex ncy and 
journal. anc | t ] ie faorfMc jjj s jy[ a ts Councill are desired to take such 
means in the interim Effect the Same as to their wisdoms shall 
seem meet, having Reguard that no Offence be given to the 
Indians. Upon reading the Ord r of Councill of the 14 th of 
p. 16 August 1695, that the Church at mount Calvert should Serve 
both for a Church and County Court house, The house con- 
curr therewith & Ord r the same. 

Also it being represented by the Burgesses of Dorchester 
County that the Court house at Cambridge Stands convenient 
for a Church in the parish it is built in ; Ordered it be Used 
for that End also. 

As to other places not knowing them to be under the same 
circumstances we cannot determine. 

Resolved M r Robert Mason be publick Treasurer for the 
western Shore. 

Resolved Maj r Tho s Smithson be publick Treasurer for the 
Eastern Shore. 

Resolved if his Ex ncys Agent shall pay Esqr Blathwaite ffifty 
Guineys and M r Povey ffifty pound his Ex ncy shall be gratefully 
reimbursed out of the publick Revenue of this province. 

Assented to by his Ex ncy ) W Bladen CI Assembly. 

and Councill } 

Hen : Denton CI Concil. 

Proposed that in all the parishes where there is no Minister 
and where Churches are already built, that the Vestrys of 
Such parishes lay out what Tob° of the forty pound of Tobacco 
•p poll they shall Collect or Shall be remaining after Churches 
built for & towards building Chappells of Ease in the most 
Convenient place or places of the s d Severall parishes, and if 
in case any of the Said Vestrys of Such parishes afores d do not 
dispose of the Tobacco collectable or which will be remaining 
in their hands this year, that they lay the Same out either for 
ready Goods or bills of Exchange this year Tobacco being 
likely to be a good Commodity, and that this may pass into 
an Ordinance. 

Brought from the house of Burgesses by Maj r Hamond Cap" 
Bayne, Maj r Dorsey, Coll : Hanson, M r Hawkins and M r Scar- 
borough, these following bills, viz' 

An Act for the paym 1 of 333 lb 6 s 8 d towards the maintaining 
of his Ma' 5 fforces at New York and will pass with Some Small 
amendm' 

An Act for the Imposition of ffour pence -p Gallon upon 
Lyquors imported into this province Read Second time and 
passed the amendm' 5 proposed being agreed to. 

An Act for the Regulating the proceedings of the provincial! 



Assembly Proceedings, Oct. 3-19, 1695. 2 35 

Court & lessening the Charge of Evidences attendance, read Or 
Second time and passed the amendm ,s proposed being agreed J ' 
to. 

An Act for the Laying an Imposition on Severall Com- 
modities exported out of this province, Read Second time and 
passed the amendment proposed being agreed to. 

An Act for appointing Rangers for the Defence of this 
Province Read and Passed the second time without alteration. 

An Act imposing a Duty of Ten p Cent upon all European 
Goods Exported out of this province & ca Read Second time 
and passed the amendments, proposed being Agreed to. 

An Act for Appeals and Regulating Writts of Error, read 
Second time and passed the amendments, proposed being 
Agreed to. 

An Act for the naturalization of Michall Curtis and others 
Read and passed without alteration. 

An Act for Reviving the temporary Laws of this province, 
Read and passed without Alteration. 

The aforegoing proposall touching building of Churches 
and the 40"' of Tob° p poll together with the Petition of Alex- 
ander fforbus praying to be Naturalized (here Read) as also 
the bill for the paym' of 333 Ib 6 s 8 d & ca were Sent down to the 
house, of Burgesses by the hon rble Coll: Henry Jowles and Coll: 
Nich° Greenbury being given in Charge to Signifye to the 
house the amendm' in the s d Bill proposed. 

They Return and Say they delivered the s d papers and that 
the amendment in the said bill proposed was agreed to. 

Adjourn till to Morrow Morning 



Octob r the 19 th 1695. 

The Councill again Sate and were 
Present 
His Ex ncy ffrancis Nicholson Esqr Cap' Gen" & C! 
Coll: Henry Jowles ") Coll: John Courts 

Coll: Nich° Greenberry [ Thomas Brook Esqr 
Coll: Charles Hutchins James ffrisby Esqr 
Coll: David Browne J 

Brought a message from the house of Burgesses by M r Wat- 
son and Cap' Bayne, who presented to the board the following 
papers viz' 

The proposall touching the building of Churches and the 40' p . ,s 
p poll: the which was indorsed thus, viz 1 

By the house of Burgesses, October the 19''' 1695. 
Assented to by the house of Burgesses. 

W Bladen CI. Assembly. 



236 Assembly Proceedings, Oct. 3-19, 1695. 

Original An Act for Securing Severall persons Rights to Town Lands 
journal. R eac j Second time and passed without Alteration. 

The Petition of Philip Lynes and Severall other persons 
preferred to the house of Burgesses, therein praying that the 
house would be pleased to Recommend their Condition unto 
his Ex ncy touching their Engagem' 5 passed unto his Ma ty for 
Severall Masters of Ships for their due Complyance with the 
Acts of Trade and Navigation their bonds being now prose- 
cuted at Law ; the s d Petition came thus indorsed, viz' 



By the house of Burgesses October the I4' h 1695. 
Vpon reading the within petition the house do concurr & 
desire his Ex ncy will be pleased to give directions that Some 
Stop be put to the proceedings ag' the Peticon r ~ until Such 
time as advice may arrive from England, And that the Sherriffs 
exact no other Bayle for their appearance more than their own 
Bonds. 

Signed *p Ord r 

W Bladen CI Assembly. 

By his Ex ncy the Govern r & ca 
October the 19 th 1695. 
As to giving further time his Ex ncy has given directions to the 
Att r Gen" to grant longer time but withall does advize that the 
severall persons Concern'd Send by the first Ships that go; 
and as for the the Sheriffs taking no other Bayle then the 
parties own appearance, his Ex ncy doth not think fit to make 
any Ord r therein whereby as the Case may happen, it may be 
an Order ag' Law. 

Signed p Ord r 

Hen: Denton CI. Concil. 

The Severall bills here Yesterday Read and Assented to 
were Sent back to the house of Burgesses by the hon rble Coll 
Hutchins Coll Brown and M r ffrisby. 

They return and say they delivered the Same accordingly 
& bring from the house the following papers, viz' 

By the house of Burgesses October the 19 th 1695. 
Resolved this house will not write any Answer to the 
Govern r of New Yorks Letter nor send any one of the house 
thither, but th' his Ex ncy be pleased to send M r Perry the post 
to New York. 

W Bladen CI. Assembly. 



Assembly Proceedings, Oct. 3-19, 1695. 2 37 

By the house of Burgesses, October the I9' h 1695. original 

Journal. 

The Report of the Committee appointed to State the Pub- 
lick Revenues in May 1695, And the Addressing his Ma' y that 
the quarter part of the Same due from Govern r Copleys 
Estate may be appropriated to the defraying the necessary 
Charge of this province is referred to the Consideration of the 
next Sessions of Assembly. 

W Bladen CI. Assembly. 

Came from the house of Burgesses Cap' Tasker, Maj r Max- 
well and M r fferry, who acquaint his Ex ncy and the board that 
they were sent from the house to Signifye that they were 
Adjourn'd for an hour, but if his Ex ncy had any Present Service 
to Command them, M r Speaker would Cause the house to 
meet sooner by beat of Drum. 

His Ex ncy was pleased to give Ord r and recommend to the 
severall Gentlemen of the Councill that they would be diligent 
in Seeing all the Laws (formerly made and now to be passed) 
duly put in Execution, and also Demanded to know what time 
would be best to prorogue the house to, telling them that he 
does believe Some time in March next may be best, So that if 
in Case there should be no absolute necessity for their meet- 
ing at that time they may be further prorogued by Proclamation 
at the Councill to be held in ffeb ry next, and Ordered that the 
Councill meet the last Tuseday in ffeb ry next accordingly, And 
that the Assembly be at present prorogued until the 20 th day 
of March next. 

Ordered that the Tobacco in this Publick Leavy allowed to 
the Gent" of the Councill and to the Rangers, be allotted and 
paid them in the Same Counties where they actually Reside 
and inhabit. 

His Ex ncy is pleased to give Ord r to the Gentlemen of the 
Councill that they would acquaint the people of the Counties 
where they live not to be ffrightened with vain idle Reports 
of great and heavy Taxes nor be deluded or perswaded out of 
the province with ridiculous ffoolish Stores. 

His Ex" cy does lastly propose to the Gentlemen of the 
Councill for to Signifye to the Vestrys of the Severall parishes 
where they live that they dispose of the 4o' b Tob° ~p poll pur- 
suant to the p r sent Ordinance of Assembly, and that the Same 
be recommended to the Severall members of the house of 
Burgesses. 

M r Speaker Comes up to the Councill Chamber attended p. 20 
with the Severall members of the house, & presents the follow- 
ing bills for his Ex ncys Assent, Viz' 

An Act for Regulating the proceedings of the provinciall 
Court and lessening the Charge of Evidences attendance. 



238 Assembly Proceedings, Oct. 3-19, 1695. 

Original An Act for Appeals and regulating Writts of Error. 
journal. ^ n ^ ct f Qr i m p OS JtJ on f ^ p Gallon upon Lyquors im- 
ported into this province. 

An Act for secureing Severall persons Rights to Town Land. 
An Act imposing the Duty of Ten "p Cent upon all Euro- 
pean goods exported out of this province & ca 

An Act for the appointing Rangers for the defence of this 
province. 

An Act for the Naturalization of Michaell Curtis & others. 
An Act for the payment of 333" 1 06 s o8 d towards the main- 
taining his Ma ts fforces at New York. 

An Act for Reviving the temporary Laws of this province. 

An Act for paying and Assessing the Publick Levy of this 

province, The w ch s d Severall Bills being again Carefully 

perused & inspected his Ex ncy was pleased to Sign the Same 

with this indorsem' Viz' 

On behalfe of his Ma' y King W m the Third ; I will these 
to be Laws. 

Afterwards the s d Laws passed the broad Seal in presence 
of his Ex ncy and Councill and the whole house ; and thereupon 
his Ex ncy was pleased (in his Ma ts name) to Return the house 
thanks for their Care and paines bestowed in the making 
those and the other Laws, Since his Arrivall recommending 
unto them the due observation as well of those as all other 
the good Laws of this province now in force, and all Ord rs and 
Ordinances now passed and that such as were magistrates 
among them would see the Same put in Execution without 
which the making Laws would prove in Effectuall and Use- 
less ; Lastly his Ex ncy does recommend to them in gen" that 
they would Signifye to the inhabitants of the severall Counties 
where they live, that they Should not any ways be disheartned 
p . 2i or discouraged through the rumour and noise of heavy taxes, 
and to perswade them from their ffolly and unadvisedness in 
leaving the Countrey upon or any other side idle rumours 
and stories. 

Produced and Read an Address to his Sacred Ma ,y in 
relation to New York affair the which was Signed by the 

Severall members of his Ma ts hon rUe Councill and house of 
Burgesses. 

Then his Ex ncy was pleased to acquaint them that he had 
Considered with his Councill to Prorogue them untill the 20 th 
day of March next but if in Case there should be no absolute 
necessity for their meeting at that time he would by his 
Proclamation in ffeb ry next give them notice thereof and 
further prorogue them and the Assembly was accordingly 
prorogued untill the 20 th day of March next. 

So Ended this Sessions of Assembly. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at Annapolis, 
Oct. 3-19, 1695. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary, 

FRANCIS NICHOLSON, 

Governor. 



THE LOWER HOUSE. 



Maryland ss. Original 

Journal, of the House ■ } ~ ] - 

of 
Assembly 3 d Octob 1695. 

Whereas the General Assembly of this province upon the 
twenty second Day of May last was by his Ex ncy Francis 
Nicholson Esq r his Ma' ys Cap' Gen" and Gov r in Chief of this 
province prorogued until the tenth day of September follow- 
ing, yet upon further Consid'acon his Ex cy thought fit further 
to prorogue them, and to that End issued his proclamation 
bearing Date the ic/ h Day of Aug' last past whereby the said 
Gen" Assembly stood further prorogued untill Wednesday 
being the second Day of Octob: instant At which Day he 
willed and required thereby that they should convene them- 
selves at the port of Annapolis in An Arundell County then 
and there to do and consent to such things then as by 
the favor of Almighty God should happen to be ordeyned 
and enacted for the Good and Welfare of this Province. But 
before that the s d Gen" Assembly did convene themselves as 
af d His Ma' y sent his Writt of prorogation unto them directed 
as followed!. 

William the third by the Grace of God of England Scotland 
France and Ireland King Defend r of the ffaith &c To our 
Councellors the Delegates and Rep'sentatives of the Severall 
County's of our Province of Maryland Greeting, Whereas 
upon the 2 2 d Day of May last past We thought fitt to pro- 
rogue ye untill the tenth day of September last ; yet upon 
further Consid'acon We thought fitt and expedient for the 
Good and Welfare of this province and the good people 
thereof by our proclamation bearing Date the ic/ h day of 
Aug' last further to prorogue ye untill the second of Octob. 
instant At which tyme We comanded the Sev'all and respective 
Sherriffs of the Sev'all County's of our said province to give 
Notice unto all and every of you that you should convene 
yourselves at the port of Annapolis upon the 2 d Day last men- 
tioned then & there to do & consent to such things as should p . 2 
by the favor of Almighty God happen to be done and enacted 
for the good and Welfare of this province Now Know ye that 
for divers weighty Reasons us thereunto moving we have 



242 Assembly Proceedings, Oct. 3-19, 1695. 

Original thought fitt and do by these p r sents further prorogue ye untill 
journal. ^ jj ay a |- ter t | ie rj ate ^gj-gof at w hich tyme and att the place 

af d We will and require you that you convene your Selfes to 
the End af d Witness Ourselves in our high Court of Chancery 
at the port of Annapolis the 2 d day of Octob: in the 7 th year 
of our Raign &c. 
Annoq. Dni 1695 

ffr. Nicholson 

In Obedience whereto Upon 

Thursday the 3 d of Octob: 1695, 

Appeared in the house the following Members Viz' for S' 
Mary's City M r John Watson Cap' Tho s W'aughob, S' Mary's 
County M r Kenelm Chesseldyn M r Robert Mason M r Philip 
Clarke, Kent County Col: Hans Hanson Col: John Henson 
Maj r Tho: Smith Ann Arundell County Major John Hamond, 
M r James Saunders Major Edw d Dorsey, Calvert County M r 
George Lingham Charles County M r Henry Hawkins Major 
James Smalwood Cap' Willm Dent M r Willm Hutchison Balti- 
more County M r Francis Watkins M r Jn° fferry Talbott County 
M r Rob' Smith Major Tho 5 Smithson for Csecill County Col: 
Willm Peirce & Col : S' Leid^er Codd. 



M r Speaker having taken the Chaire 

Resolved in the house that M r Speaker issue his warr* to 
to the hon ble S r Tho s Laurence Bar' his Ma' y Secretary of this 
Province thereby requiring him to issue out his Ma tys Writts 
to the Sherrifs of Talbot & Somsett Countyes for electing of 
the Delegates or Representatives of the af d Countys in the 
stead and Room of Col: Henry Coursey deceased and Major 
Willm Whittington now Sherrif of Somset Count)'. 

Which was accordingly done and the house Adjourned 
until two of the Clock on Saturday next 

Saturday Octob: 5 lh 1695. 

The house mett and ordered to be called over were absent 
M r William ffrisby M r ffrancis Hutchins M r Edw d Boothby M r 
p- 3 Nicholas Low M r Mathew Scarborough & M r Tho s Hicks. 

Then read two Lres from M r Willm ffrisby & M r Henry 
Hooper Signifying that they were so far indisposed in their 
healths that at p'sent they cannot possibly attend the house 

Upon which they are excused. 



Assembly Proceedings, Oct. 3-19, 1695. 2 43 

Comittee of Agrievances appointed. 

Major Thomas Smith ) Col: Willm Peirce ) 
Col. Hans Hanson j Majo r Tho s Ennalls \ 

Then appointed of the Comittee of Accompts. 

M r Rob' Mason M r Tho s Smith M r George Lingham M r 
Francis Watkins M r Tho s Greenfield. 

Also appointed of the Comittee of Laws. 

Cap' Willm Dent M r Edw d Boothby ) 

Major John Thompson & Col. S' Liedger Codd j 

The house adjourned till Munday morning at eight of the 
Clock. 

Munday Octob: 7 111 1695 

The house mett and ordered to be called over and the 
following Members were absent Viz* 

Col: John Hinson M r W m Frisby M r James Saunders Cap' 
Rich 1 ' Hill M r Francis Hutchins Cap' Willm Dent M r Willm 
Hutchison M r Nicholas Low M r Henry Hooper M r Tho s Hick's 
and Colonel Willm Peirce. 

Then read in the house his Ex cy the Gov" Instructions to 
Thomas Tasker Esq r in Relation to his going to New Yorke. 

His Ex cy the Gov rs Letter to his Ex cy the Gov r of New Yorke. 

The Governor of New York's Lre in answer thereunto. 

The said M r Taskers Reporte to the house. 

5 th His Ace' of the Bills of Exchange arrising upon the 
Additional Impost of 3 d -p hogshead how disposed of and 
assigned, and Chidley Brooke Esq' Receiver Gen" of New 
Yorkes Receipt for the same amounting to the Sufne of 199"' 
18 s i d being transmitted from this province for his Ma tys Ser- 
vice and the Assistance of New Yorke. 

6. His Ex cy S r Edmond Andross Governor of Virginia his 
Letter to his Ex cy the Governor of New Yorke Signifying the 
Complyance of that Colony to her late Ma' ys Royall Comands. 

Cap' William Dent enters the house. 

His Grace the Arch Bishop of Canterbury" Letter to his 
Ex ncy read in the house. 

His Lordp my Lord Bishop of Londons Letter to his Ex cy 
read in the house. 

Resolved that a Bill be prepared imposing a Duty upon all 
European Goods exported out of this province into Pensilvania 
or Territoryes thereof that the same Duty be 10 p Cent to be 
paid by the Exporters the Inhabitants of this province to be 



244 Assembly Proceedings, Oct. 3-19, 1695. 

original exempted from paying the same Duty, and to make Oath to 
journal. t heir propperty in the Goods upon Exportation. 

The House adjourned untill three of the Clock 
Post Meridiem 

The house mett and adjourned untill 7 of the Clock to- 
morrow morning. 

Tuesday Octob the 8 th 1695. 

The house mett and upon calling over these Members were 
absent M r Watson Col: Hinson M r Frisby M r Saunders M r 
Greenfield M r Hutchins M r Hutchison, M r Lowe M r Hooper 
M r Hicks and Colonel S' Liedger Codd. 

Then read over what was done Yesterday. 

Severall proposalls from his Ex cy the Governor and the 
hon ,,le his Ma tys Councill being layd before this house for their 
Consid r acon Debated and resolved upon them as followeth, 
Viz' 

Imp's His Ex cy recomends to the house that they would 
seriously Consider what is to be done in relation to New Yorke, 
and that they make up so much money at least as will be 
proportionable to what our neighbouring Colony of Virginia 
hath contributed. 

Upon which put to the Question if his Ma ty shall be further 
addressed or the Country be Silent. Carryed by majority of 
voices that a further Address be prepared 

John Povey Esq r his Lre being read in the house as to that 
part relating to Advancemen' of Coyns. 
p . 5 Resolved that the Law already proposed and sent for Eng- 
land is Sufficient and that the house will wayt the Return thereof. 

That no Appraisers be Suffered to purchase any dead mans 
Estate by them appraised. 

Resolved that the same is provided for by an Act last Ses- 
sions of Assembly. 

That Instructions may be given in the Law about Rangers 
that they may know what to do in case they meet any forraign 
Indians or Enimys, that a Officer be added to each 

party so that there may be two partyes consisting of an Officer 
and three Troopers, who are to relieve one the other Weekly 
and be enjoyned to cut down Bowes and build Cabbins to 
amuse the Enimys and forraign Indians, that the Comanders 
pay be raised one hundred pounds of tob *p month, and 
the Cohiander to be now appointed have the like. And that 
the Rangers be Supplyed upon Occasion with the Draggoons 
Arms to be sent from England for the publique service at the 
prime Cost. 



Assembly Proceedings, Oct. 3-19, 1695. 2 45 

Resolved that it be incerted in the Law for Rangers that a Origins 
new Officer be added & the pay raised according to the pro- - ,ournal 
posall. And resolved upon Occasion that the Rangers may be 
furnished out of such Arms at the prime Cost. 

As to the meeting of Enimy's or forraign Indians the house 
referrs them to his Ex cys ord rs and directions therein. 

That the two ports of Annapolis and W m Stad' may be 
encouraged that a Court may be erected in them for the Dis- 
patch of Merch' 5 Suiters, and that the Land at Willm Stad' 
may be again layd out, and that 200 Acre be valued & paid 
for by the publique or County and allotted for the publique 
use, and that the Island be reserved for publique buildings. 

Ordered that the Land at William Stad' be again layd out 
& two hundred Acres of land next adjacent be Valued by a 
Jury and purchased for a town and Comon.and that the Island 
be set apart for publique Buildings. 

Also read in the house a Bill for the Advancem' of Trade 
in the two ports of Annapolis and William Stad' the Contents 
whereof being for constituting such Co rts as proposed. 

The house thinke fitt to reject the same for that within the p- 6 
said ports there are not people enough to be had to serve as 
Com rs Jurymen and other Officers without going into Suite 
for such whose busieness is to attend the County Courts, and 
therefore the same is thought burthensome. 

That the house would Quere whether the Act made in 
Gou r Copleys tyme for Navall Officers ffees ought not to be 
repealed & especially that Clause relating to Shipps built in 
the Country. 

Resolved that the Comittee of Laws inquire thereunto 

That the house would take into Consid r acon upon tryalls in 
the provinciall Co r t where the Vicinage shall arise that they 
would inspect the Act relating thereto and propose Some 
Salvo to it. 

Referred to the Consid r acon of a full house on thursday 
next. 

That the Law for Regulating Appeals and writts of Error 
be explayned, that the King be not bound up thereby from 
Appealing for any Sume, And that in Case the Governo r be 
sick or a party on any Appeale the same may be heard before 
the Chief Chancellor and 4 more 

Tis the Opinion of this house that the King is not thereby 
debarred from appealing for any Sume whatever. 

And that his Ex cy by Comcon and the Great Seale may in 
such cases proposed provide for the hearing of Appeals 
before such Chief Councellor and four more. 

Also resolved by the house that if the principall Debt or 
Damad^e shall amount to or exceed the Sume of ioooo' tob 



246 Assembly Proceedings, Oct. 3-19, 1695. 

Original that in such Cases Writts of Error shall ly from the Judgem' of 



the provinciall Court 

That the Law be explayned about ffurrs whether ffurrs and 
skinns exported out of Pensilvania into this Province upon 
being again exported shall not pay dutys as others. 

Referred to the Consid r acon of the Cofnittee of Laws. 

That an Imposition be layd upon European Goods 
imported into this Province upon the exporting the same into 
pensilvania or else where, the Inhabitants of this province 
making Oath to their property in them before such exporta- 
tion to be exempted from the said Duty 

A Bill already ord r d to be p r pared therefore 

What shall be done with the money already levyed by the 
Act for the Imposition upon ffurrs and other Comoditys 
exported. 

Whether it will not be convenient to expend the same in 
building a Small School and maynteyning a School Ma' 

Resolved that the money thereby raised be kept in Bancke. 

That the house would take into Consid r acon the Repealing 
of the Act ag l the Exportacon of Deer Elke Skinns and Raw 
Hides and that a Small Imposition to of ffree Schools 

may be layd thereon. 

Resolved the said Act be repealed. 

That a law be made for keeping a Distinct Docquett in the 
provinciall Court of euery Countys busieness and for ascer- 
tayning Days for the Tryalls of each County. 

Ordered that the Cofnittee of Laws prepare such a Bill. 

That a law be made to appoint Auditors in every County 
and to Settle a ffee upon such auditing and upon their failing 
a penalty to be inflicted. 

Resolved that the provinciall Court make such necessary 
Ord rs therein as the Case requires. Also resolved that the 
sev r all Courts of Cofnon Law within this Province make 
Rules for the Speedy bringing to tryall of those Actions 
wherein Merch ts are Suitors. 

Major Willm Whittington enters the House. 

Ordered the s d Major Whittington render his Ace' to the 
House as he is Treasurer for the Eastern Shoare 

The house adjourns till to morrow morning at 7 a Clock 

Wednesday Octob: the 9' h 1695. 

House mett and adjourned untill 7 of the Clock to morrow 
morning. 

Thursday Octob: the io ,h 1695. 
The house met and upon calling over the following Mem- 



Assembly Proceedings, Oct. 3-19, 1695. 2 47 

bers were absent, Col. Hinson M r Willm ffrisby M r Francis Original 
Hutchins M r Hutchison M r Lowe M r Hooper and M r Hicks. J° urnal - 

Then was read over the Journal! & proceedings of this Ses- 
sions M r John Pollard added to the Comittee of Accompts. 

An Act imposing a Duty of ten -p Cent on all European 
Goods exported out of this Province read the first tyme and 
comitted for Amendment 

The house taking into Consid r acon that his Ex cy had p- 8 
recofnended unto them that they should inspect the Law 
relating to the impannelling of Jurors and ascertain where the 
Vicinage shall arise in tryall in the provintiall Court. 

Resolved the Comittee of Laws prepare a temporary Bill 
according to the proposall. 

Debated whether an Agent shall be sent for England to 
remonstrate the Circumstances of this province in Relation to 
the Assistance to be given New Yorke by this province. 

Resolved that no Agent be Sent 

The House adjourned till to morrow morning at 7 of the 
Clock 

Fryday Octob: the n ,h 1695. 

Robert Smith Esq r Speaker of this House being very sick 
and indisposed, and therefore having absented himselfe from 
the house the Members of the house went up to his Ex cy to 
receive his Directions thereupon, who ordered them to repaire 
to the house and make Choice of some other Speaker in his 
Stead & place. 

Whereupon the Members repaired to the house & chose 
Kenelm Cheseldyn Esq r for their Speaker and then went up 
and presented him to his Ex cy who approved of their Choice, 
For which M r Speaker and the rest of the members returned 
his Ex cy their hearty thank's. And then M r Speaker and 
the rest of the Members repaired again to the House 
where M r Speaker having taken the Chaire ordered the house 
to be called over, and the following Members were absent Viz' 
Col: Hinson M r Frisby M r Hutchins Cap' Dent M r Hutchison 
M r Robert Smith M r Lowe M r Hooper M r Hicks Colonel Her- 
man and Colonel Codd. 

Then read over what was done Yesterday. 

Major Thomas Smithson Chairman of the Comittee of 
Agrievances presents the following Report. 

By the Comittee of Agrievances &c. 

That whereas the Comittee Supposes it was the intent of 
the Assembly held at S' Mary's the 21 5 ' of Sept r 1694 that all 
Ma rs of Shallops and open Sloopes trading within this province 



248 Assembly Proceedings, Oct. 3-19, 1695. 

Original should take out but one pmitt in a year, which for that year 
Jour "* 1 ' should be Sufficient and for that -pmitt should pay only two 
shillings and six pence now the said Cornittee having -pused 
that Act do find indeed that such Ma' by that Act is only 
obliged to pay two shill: and six pence -p annum to the Officer 
but do not find that his first -pmitt is Sufficient for him for one 
year, but that he must take out -pmitts upon every Sev'all 
Voyage or otherwise he is not secure, which being contrary to 
the design of the House (as this Cornittee conceives) We 
rep r sent it as an Agrievance, And further that though the Ma 1 
be changed, Yett that one and the same pmitt may serve for 
twelve months if it be the same Vessell. 

Upon perusall whereof ordered that the Cornittee of Laws 
inspect the Act for Navall Officers ffees and make such pro- 
vision therein as will answer the Report, and take Care to 
explain what security shall be given by Ma rs of open Vessells 
upon taking out their permitts and what ffees the Officers 
granting them shall have therefore and also impose a penalty 
upon the Officer exacting more ffees then allowed by the said 
Act 

2. And for the Encouragem' of all such -psons as have 
built any Shipps or Vessells since the Assembly held at S' 
Mary's the 21 st of September 1694 within this province, As 
also for all such persons as shall from hence forward build any 
Shipps or Vessells within the province af d shall be free and 
clear from paying any Duty impost or Custome for any 
Liquors imported into this province Liquors from pensilvania 
East & West Jersey only excepted. 

The above Report Referred untill to morrow morning at 
which tyme the Vote upon ffeb ry Journall and the abovesd 
Act are to be layd before the house for their further Con- 
sid r acon. 

By the af d Cornittee of Agrievances It is considered and 
humbly prayed that the Cornittee appointed by the house of 
Assembly at S' Mary's in Sept A° 1694, to audite the Ace* of 
M r Plater and other Receivers of the 4 d -p Gall: on Rume &c. 
may bring in their Report to this house. And that all 
Treasurers Navall Officers and other Collectors may bring in 
their Acc' s to this house so that it may be knowne and an Ace' 
taken of all sumes that are in any mans hands belonging to 
the publique. 

Upon reading the above Reporte Ordered the publique 
Treasurers of this province produce their Acc ,s to this house 
on Munday next. 



Assembly Proceedings, Oct. 3-19, 1695. 2 49 

M r Elisha Hall his petition being read ordered that the Original 
Comittee of Laws prepare a Bill for confirming the Titles of J°" rna1, 
all those persons who according to former Acts of Assembly 
have taken up Lotts in Towns & built thereon 

The House adjourned untill eight of the Clock on Saturday 
morning. 

Saturday Octob: the 12" 1 1695. 

The house met and being called over the following Mem- 
bers were absent Viz' M r Frisby Col: Hinson Major Dorsey 
M r Lingham M r Hutchison M r Boothby M r Rob' Smith M r 
Low M r Scarborough, M r Hooper M r Hicks Col: Herman & 
Col: Codd. 

Ordered all Comittees be called into the House. 

The Reporte of the Comittee of Agrievances Relating to 
the Encourageing of building of Shipps and Vessells within 
this Province and the Resolve of this house in Feb' 5 ' 1694 
being here produced. Ordered that the Clarke Copy or draw 
out the said Resolve, and that the same be sent to the 
Cofnittee of Laws and the Act thereby amended: 

The House adjourned untill Munday morning at 7 of the 
Clock. 

Munday Octob: the 14 th 1695. 

The house met and was ordered to be called over and these 
following Members were absent Viz. Col: Hinson M r Frisby 
Cap' Hill M r Hutchins Cap' Dent M r Hutchison M r Boothby 
M r Smith M r Lowe Major Enalls M r Hooper M r Hicks and 
Col. Herman. 

M r John Watson added to the Comittee of Agrievances. 

M r Scarborough added to the Comittee of Laws. 

The petition of Kent Island referred to a full house on 
Tuesday morning. 

Certain proposalls from his Ex cy the Gov r & Councill layd 
before this house & debated & resolved upon as followeth. 

That at Willm Stad' the parish Church be built within the 
Port and the parish layd out as convenient as may be to it. 

Resolved according to the proposall that at Willm Stad'p. n 
the Parish Church be built therein, and the parish layd out 
as convenient as may be to it 

Proposed that whether the Shipps now in the Country or 
others that shall come in shall be cleared as they are ready, or 
be Stopt to go under a Convoy in a ffleet and to advise which 
will most conduce to his Ma ,ys Service. 

The house because of the Uncertainty of the Arrivall of the 
Fleet thinke it will be more for his Ma' y " Service that such 
Shipps when filled may be Cleared. 



250 Assembly Proceedings, Oct. 3-19, 1695. 

Original That at the port of Annapolis a Lott may be layd out for 

journal. t j ie Mj n | ster n jgh to t h e place where the Church is to stand, 

and that the Minister be obliged to read prayers twice a day. 

Assented to by the house. 

It being represented that there is likely to be a scarcity of 
Corne in the Country this year. It is therefore proposed that 
an Ord r pass ag' the Exportation of it. 

Resolved Nemine contradicente that his Ex cy would be 
pleased to issue his proclamation against the Exportation of 
Corne. 

Proposed that some sort of Remonstrance or Declaration 
be drawn up by way of Advice to Signifye how unadvisedly 
sev r all psons of this province have been induced to leave the 
same some going with their Wifes and family's to the South- 
ward and some to the Northward Viz' Carolina and Pensil- 
vania being deceived with the false Report of the great plenty 
those places live in which severall have tryed to their wofull 
experience some returning in a poor Condicon and others 
willing to returne if they could but are not able having sold 
their Estates here & by their Removall Spent most or all of 
their Substance whereby they have incapacitated themselves 
to make any Return. Others terrifyed out of the Province 
through a Vain notion of great and heavy taxes of an hogsh d 
or more p head whereas the same evidently appears a frivo- 
lous idle Complaint not but that they are somewhat large 
through Arrears ever since the Revolution but now hope in 
God will be satisfyed this year so that the levy's will become 
as light as ever they used to be. 

However the afore going Matters tending to the Disturb- 
p. 12 ance of this province, If any person shall hereafter coming 
from those parts be discovered to intice or encourage any the 
Inhabitants of this province to remove hence through means 
of the Specious large Character by them given of those parts 
from whence they come shall be lyable upon complaint made 
before a Justice of the peace to be cofnitted to prison and 
answer the Law as a Cofnon Disturber and Divulger of false 
news. And the like for psons bringing an evill Report upon 
the Country by malitiously and falsely spreading abroad a 
noise of great taxes. And lastly to set forth that no persons 
are thereby hindred to remove out of this province to any 
other place they shall best like of, but that they be well 
advised before they go about it least they may be sorry for 
their Change when it may prove to late. 

Signed p Ord r 
Hen Denton CI Concil. 

The house desire his Ex cy would be pleased to issue his 



Assembly Proceedings, Oct. 3-19, 1695. 251 

proclamation Signifying that all such psons as shall use such o r i g i 
illegall and false Specious pretences and Allurem' 5 to intice J ourn 
the Inhabitants out of this province, shall be proceeded ag l 
according to Riggor of Law. 

The house adjourns till 6 a Clock to morrow morning 



Tuesday Octob: the i5' h 1695. 

The house met and ordered to be called over these mem- 
bers were absent M r Clark M r Frisby, Cap' Hill Major Dorsey 
Cap 1 Dent M r Hutchison M r Boothby, Major Maxwell, M r 
Watkins, M r Smith and Colonel Herman. 

Then read what was done Yesterday. 

The petition of Kent Island being read, and M r Mathew 
Erexon an Inhabitant thereof being called into the house and 
having Spoake to the said petition was ordered to withdraw 
and after serious debate thereon Put to the Question whether 
Kent Island shall continue as by Act of Assembly established 
or be altered according to the petition. 

Carryed by majority of Voices it shall continue as by Law 
established. 

M r Thomas Tasker Treasurer for the Westerne Shoar pro- 
duces his Ace* of the publique Revenue. 

Message from his Ex cy the Governor and Councill by the 
hon ble Col: John Addison, who say's he is ordered to acquaint 
the house That the Emperor of Piscattoway complains he 
cannot well rule his young Indians but that they run out to 
the Southward and bring in prisoners to the forte, and carry 
them into other parts of this Province, So that he fears 
thereby Strange Indians may be introduced into this province 
which may not only prove p r judiciall to him but to the English 
also. 

Referred to the Consid r acon of the whole house to morrow 
morning. 

House adjourned for an hour 

Post Meridiem. House met. 

An Act appointing Rangers read the first tyme and 
passed. 

An Act for the Imposition often per Cent upon European 
Goods exported. Put to the Question whether the said Act 
shall pass with Amendm' and carryed in the Affirmative. 

An Act for Regulating the proceedings of the provinciall 
Court and lessening the Charge of Evidences Attendance read 
the first tyme And put to the Question whether the said Act 
shall pass with the Amendment & carryed in the Affirmative. 



252 Assembly Proceedings, Oct. 3-19, 1695. 

Original An Act for laying an Imposition on Severall Comodityes 
journal, exported out of this Province read the first tyme and passed. 
An Act for Appeals and regulating Writts of Error read 
the first tyme and passed. 

The af d Acts sent up to His Ma tys hon ble Councill by M r 
Tasker Cap' Waughob M r Hawkins Major Maxwell & M r 
Ferry 

The house adjourned till 6 of the Clock to morrow morning. 



Wednesday Octob: 16 th 1695. 

The House being met was ordered to be called over and 
the following Members were absent. 

Cap' Waughop Mr Mason, Mr Frisby Major Hafnond Cap 1 
Hill Major Dorsey Mr Greenfield Mr Hutchins Capt Dent Mr 
Hutchison Mr Boothby Mr Smith Mr Scarborough Major 
Ennalls Mr Hooper Mr Hicks and Col: Herman. 

Then was read over what was done yesterday Major John 
Hafnond enters the house. 

Major Willm Whittington publique Treasurer for the 
Eastern Shoare appears in the house and produces his Ace* 
as publique Trearer &c. 

The following proposalls from his Ex cy being layd before the 
house, debated & resolved thereon as followeth 

That the house would write to M r Povey in Case the Lords 
of the Comittee of Trade and plantations shall not approve of 
our Bill for Advancement of Coyns already drawn and sent 
for England that their Lordps would be pleased to make such 
proposalls to this house to be considered on as may answer 
the Ends designed. 

Put to the Question whether such Letter shall be writt 
according to his Ex cys proposall & carryed in the Affirmative. 

Resolved the Coffiittee of Laws prepare the said Lre. That 
the house write to my Lord Arch Bishop of Canterbury and 
the Bishop of London to thanke them for their favors ffriend- 
ship to this province & to begg the Continuance thereof. To 
thanke the Arch Bishop for taking upon him the Patronage of 
our ffree Schools, As also to thanke the Lord Bishop of Lon- 
don for the Comissary and mission of Clergymen he has 
promised. 

Resolved such Letters be writt And that Mr Perigrine Couey 
be requested to prepare them. 

Message from his Ex cy the Gov r and Councill by the hon 1,Ie 
Col: Nicholas Greenberry Col. Chads Hutchins & James 
Frisby Esq" who bring downe the Bills yesterday sent up to 
that Board, And say the same will pass with some small 
Amendm' which was assented to by the house & accordingly 
incerted in p r sence of the af d Gent his Ma tys hon b,c Councill. 



Assembly Proceedings, Oct. 3-19, 1695. 253 

A Bill securing Sev r all psons Rights in Town Lands read Original 
the first tyme and passed journal. 

An Act for the Imposition of 4 d p Gall: on Liquors im- 
ported into this province read the first tyme. 

Put to the Question whether the s d Act shall pass or not & p. 15 
carryed in the Affirmative. 

The two last Bills sent to his Ex cy the Gov r and Councill by 
Cap' Hill Major Harhond Mr Saunders & Col: Pearce. 
House adjourns for an hour. 



Post Meridiem House met. 

Came this Message from his Ex cy the Gov r and the Coun- 
cill by the hon ble Col: Henry Jowles Colonel John Addison 
Thomas Brooke Esq r and Cap' John Courts, who brought 
down to the House the following Bills Viz' A Bill for securing 
Severall psons Rights in Towne Lands. 

A Bill for the Imposition of 4 d p Gall: on Liquors imported. 

And recofhend from the Councill Board that in the begining 
of the Address to his Maty, this province do congratulate his 
good Success and Signifye that We have expressed our Joy 
therefore to the Utmost of our Capacityes. 

And that it is further recofhended to the house this Alteracon 
be made in the Act for the Imposition of 4 d p Gall: on liquors 
imported, That Shipps built before the making of the said Act 
be wholy left out, And that the Shipps clear of the said Duty 
be those which are or shall be built since the making the said 
Act and which wholy & solely belong to the Inhabitants of this 
province. 

The house adjourns till to morrow morning at 6 of the 
Clock. 

Thursday Octob: the 17"' 1695. 

The house being met was ordered to be called over and the 
following Members were absent Viz" M r Clark Mr Frisby 
Majo r Hamond Cap' Hill Mr Greenfield M r Hutchins M r Ling- 
ham Mr Tasker Cap' Dent Mr Hutchison M r Boothby Mr 
Robert Smith Mr Lowe Mr Bosnian Mr Dixon Mr Pollard 
Major Ennalls Mr Hooper Mr Hicks and Col: Herman. 

Then was read over what was done Yesterday. Cap' Hill 
Enters the house. 

House adjourned for halfe an hour. 

The house being mett. 

The following Message ordered to be sent to his Ex cy the 
Gov' & Councill. 



254 Assembly Proceedings, Oct. 3-19, 1695. 

1 By the house of Burgesses Octob: 17 th 1695. 

The house taking into Consideration the Message from 
your Ex cy and the hon We Councill Sent on tuesday last by the 
hon ble Colonel John Addison touching the Emperour of 
Piscattoway's Complaint desire and intreat your Ex cy out of 
your wonted Care for his Matys Service and the good of this 
province, that you would be pleased to examine into the Same, 
and give such Orders and directions therein as to yourEx cy in 
your Wisdom shall seem meet. 

Signed p Ord r 
W Bladen Clk Assembly. 
Sent -p Cap' Hill and Majo r Hamond. 

House adjourned for an hour. 

Post Meridiem house mett. 

Vpon perusall of the Ord r of Councill Aug' 17 th 1695. The 
Consid r ation thereof is referred to the next Sessions. 

Put to the Question if the Act made last Sessions of 
Assembly for dividing and regulating severall County's shall 
stand as it is or be repealed, Carryed by majority of voices not 
to be altered. 

A Bill for the Naturallization of Michael Curtis & others 
read the first tyme and passed. 

A Bill for securing the Rights of Severall persons in Town 
Lands read the second tyme and passed. 

His Ex cy recofnending to the house that they would make 
up so much money in proportion as our neighboring Collony 
of Virginia hath contributed to the Assistance of New Yorke 
and like wise his Ex cy having proposed to advance the same 
vpon the publique ffaith. 

Resolved unanimously that if his Ex cy shall please to advance 
so much Money for the Assistance of New York as with what 
We have already transmitted thither will make up our Quota 
proportionable to our neighbouring Colony of Virginia being 
133 1 8 s 7 d the house do hereby resolve that he shall be grate- 
fully refunded the same out of the first mony arrising to this 
province out of the publique Revenue of the Same. 

And Mr John Perry post Ma r of this province is hereby 
ordered to go to New Yorke there with. 

Resolved Mr Robert Mason be Treasurer for the Western 
Shoar of this province, And that Major Thomas Smithson be 
publique Treasurer for the Eastern Shoar. 

Resolved that the Additionall Duty of 3 d p hh d be no longer 
continued then till the Expiration of the p r sent Act therefore 

Resolved that if upon his Ex cys Ord r his Agent shall pay 



Assembly Proceedings, Oct. 3-19, 1695. 255 

Esq r Blathwayt 50 Guineas and John Povey Esq r 50 1 sterl his Original 
Ex cy shall be reimbursed the same out of the publique Revenue J° uri,al - 
of this province. 

The house adjourned till 6 of the Clock to morrow morning. 

Fryday Octob: the 18 th 1695. 

House met and ordered to be called over the following 
members were absent Viz' Col. Hinson Col: Hanson Mr 
Frisby, Mr Saunders Mr Watkins Mr Hutching Major Smal- 
wood Mr Hutchison Mr Boothby Mr Rob 1 Smith Mr Lowe, 
Major Ennalls, Mr Hick's Mr Hooper & Colonel Herman. 

Mr Edw d Boothby enters the house 

A Bill for the paym' 333' 6 s 8 d towards the maynteyning 
of his Ma tys forces at NewYorke read the first tyme and passed. 

A Bill for the Imposition of 4 d p Gall: on liquors imported 
into this province read the second and third tymes& assented 
to by the house. 

A Bill for the Regulating the proceedings of the provinciall 
Co r t and lessening the Charge of Evidences Attendance read 
the second and third tymes and assented to by the house. 

A Bill for the laying an Imposition on Sev r all Cofnodity's 
exported out of this province read the second and third tymes 
and assented to by the house. 

A Bill for appointing Rangers for the Defence of this 
province read the second and third tyme and assented to by 
the house. 

A Bill imposing a Duty often p Cent upon all European P . is 
Good's exported out of this province read the second and third 
tymes and assented to by the house 

A Bill for Appeals and Regulating Writts of Error read the 
second and third tyme and assented to by the house. 

A Bill for the Naturallization of Michael Curtis and others 
read the second and third tymes & assented to by the house. 

A Bill for Reviving the temporary Laws of this province 
read and assented to by the house. 

The af d Bills sent up to his Ex cy and his Ma ,ys hon ble Coun- 
cill by Major Hamond Cap' Bayne Maj r Dorsey Col: Hanson 
Mr Hawkins and M r Scarborough. 

House adjourned for an hour. 
Post Meridiem. 
House mett 

A Bill for securing Sev'all persons Rights to Town Lands 
read the third tyme and passed And sent up to his Ma ,ys 
hon' ,lc Councill by Major Maxwell Cap' Waughop and Mr 
fferry. 

The house is adjourned till to morrow morning at 6 a 
Clock. 



256 Assembly Proceedings, Oct 3-19, 1695. 

Original Saturday Octob. the 19 th 1695. 

Journal. 

The house met and being ordered to be called over these 
members were absent Viz' Mr Clarke Cap' Bayn Col: Hinson 
Mr Frisby Cap' Hill Mr Greenfield Mr Hutchins Mr Lingham 
Major Smalwood Cap' Dent Mr Hutchison Mr Robert Smith 
Mr Nicholas Lowe Mr Scarborough Major Ennalls Mr Hooper 
Mr Hick's Col: Herman and Col: Codd. 

Message from his Ex cy the Gov r and Councill by the hon ble 
Colonel Henry Jowles and Colonel Nicholas Greenberry who 
bring down the Bill for paym' of the mony to New Yorke and 
Signifye to the house that the Councill Concur to the passing 
thereof, also lay before the house the following proposall from 
his Ex cy the Gov r in Councill. 
P- 19 By his Ex cy the Gov r and Councill Octob: the 18 th 1695. 
Proposed that in all the parishes where there is no minister 
and where Churches are already built that the Vestry's of 
such parishes lay out what tob: of the 40' *p poll they shall 
collect or shall be remayning after Churches Built for and 
towards building Chappells of Ease in the most convenient 
places of the said Severall parishes, And if in case any of the 
said Vestry's of such parishes af d do not dispose of the tob: 
collectable or which will be remayning in their hands this year, 
that they lay the same out either for ready goods or Bills of 
Exch: this year tob: being likely to be a good Comodity, and 
that this may pass into an Ordinance 

Assented to by the house and ) Signed -p Ord r 

ordered according to the proposall j Hen: Denton CI Concil. 

His Ex cy recofhending to the house that they would write to 
the Governm' of New Yorke and send one of their Members 
thither. 

Resolved the house will write no Letter nor send any 
Messenger but Mr John Perry the post. Vpon reading the 
petition of Mr Philip Lynes and others that have be security's 
for Ma rs of Shipps. 

The house do concurr and desire his Ex cy will be pleased 
to give directions that some stop be put to the proceedings 
ag' the pet rs untill such tyme as advice may arrive from Eng- 
land and that the Sherriffs exact no other Bayle for their 
Appearance more then their own Bonds 

Mr Watson and Cap' Bayne sent to his Ex cy to know when 
his Ex cy will give leave this house shall attend him. 
The house adjourns for halfe an hour 

House mett. 

Mr Watson and Cap' Bayne returne to the house and say 
that his Ex cy will imediately send down to the house 



Assembly Proceedings, Oct. 3-19, 1695. 2 57 

Colonel Hutchins Colonel Brown and James Frisby Esq r Original 
came down from his Ex cy the Gov r and Councill with Sev r all J° urnal - 
Bills assented to by the Councill 

A Bill for the paym' of 333 1 16 s 8 d toward the maynteyning P . 20 
of his Ma tys forces at New Yorke read the second and third 
tymes and assented to by the house. 

Mr Tho s Tasker Sent to his Ex cy to acquaint him that the 
house will adjourne for an hour, but that they will be ready 
to attend him when his Ex cy shall Signifye his pleasure to Mr 
Speaker 

House adjourned for an hour. 

Post Meridiem. 
The house met. 

Mr Tasker Returnes to the house and says he has delivered 
his Message, and that his Ex cy is ready to receive what this 
house hath to offer to him. 

The petition of Kent Island referr'd to the next Sessions of 
Assembly. 

The Reporte of the Comittee appointed to State the pub- 
lique Revennue May 1695 and addressing his Ma ty that the Q r 
part of the publique Revennue due from the Estate of his Ex cy 
the late Gov r Col. Lyonel Copley deceased be appropriated to 
the use of this province is referr'd to the Consid r acon of the 
next Assembly. 

A Bill for paym' and assessing of the publique Charge of 
this province read the first second and third tyme and assented 
to Nemine contradicente. 

Ihe house go up to his Ex cy the Gov r in Councill and carry 
with them the following Bills Viz' 

A Bill for Regulating the provinciall Court 

A Bill for the Imposition of 4 d -p Gall: on liquors imported 

A Bill for regulating Appeals and Writts of Error. 

A Bill securing sev r all persons Rights to Town Lands. 

A Bill imposing a Duty on Severall Cofnoditys exported 
out of this province. 

A Bill for Appointing Rangers. p. 21 

A Bill for the Naturalization of Michael Curtis and others. 

A Bill for the paym' of 333"' 16 s 8 d sterl toward the mayn- 
teynance of his Ma' ys forces at New Yorke 

A Bill for reviving the temporary Laws of this province. 

A Bill for paying and assessing the publique Levy of this 
province 

To which his Ex cey Signifyed his Assent and signed them in 
token thereof. And the Broad Seal of the province was affixed 
unto them. 



258 Assembly Proceedings, Oct. 3-19, 1695. 

After which his Ex cy was pleased to give the house thanks 
in his Ma tys name for their Care and pains in the making these 
& the other Laws since his Arrivall and recomended to them 
that as they were most of them Magistrates in their Sev r rall 
County's that they would duly observe them and the other 
good Laws of this province and all Ordinances made this 
Sessions, as also that they would be the same duly observed 
and put in execution without which their Labour and pains in 
making them would prove altogether Vaine and useless. 

Further his Ex cy recomended to them that they would 
signifye to the Inhabitants of their Sev r all County's that they 
should not be disheartned or disencouraged through the 
Rumour and noise of heavy taxes, and to -pswade them from 
their folly and unadvisedness in leaving the Country upon such 
idle Rumours and Storyes. 

Then his Ex cy told them that he prorogued them untill the 
20 th of March Ensueing. And in Case there should be no 
occasion of their meeting at that tyme he would give them 
notice thereof in ffeb ry next and further prorogue them 

Maryland ss': 

Journall of the Corhittee of Accompts. 
Appointed and Ordered by the Burgesses of Assembly for 
the Regulating and Inspecting the Publick Accompts of this 
Province, Att a General Assembly held at the Port of Anna- 
polis in Ann Arundell County on the Seventeenth day of 
October in the Seaventh yeare of the Reigne of our Sou- 
ereigne Lord William the third by the Grace of God of Eng- 
land, Scotland, ffrance & Ireland King Defender of the ffaith 
&c: Annoq Dom: 1695. ( to Witt) 

M r Robert Mason. 
Major Thomas Smith ) M r George Lingham 
M r Thomas Greenfeid J M r ffrancis Watkins 

In obedience thereunto the Comittee appointed mett at the 
house of M r Vanswearingen in the Port of Annapolis on the 
s d Seventeenth day of October in the yeare of our Lord 1695. 

And M r Robert Mason by the s d Comittee was appointed 
and chosen chairman who tooke his place accordingly and 
Cleborne Lomax was appointed their Clerke, and ordered to 
attend the s d Comittee. 

Ordered, that the Clerke of this Comittee sett up noates in 
Severall places to give notice to all persons where the said 
comittee sitts to bring in their accompts. 

The Comittee adjourns till to Morrow Morning at eight of 
the Clock. 



Assembly Proceedings, Oct. 3-19, 1695. 2 59 

Twesday October the 8 th 1695. 
The Comittee mett again. Present. 

M r Robert Mason Chairman 
Major Thomas Smith ) M r George Lingham ") 



Journal. 



M r Tho s Greenfield j M r ffrancis Watkins 

The Comittee now proceeds to Examine and Regulate all 
Publick Accompts. 

1 tobaccoe 1 M r John Moll of Cecill County his accompt 
406. \ examined and allowed 400 1 tob: 

Henry Matthews of Ann Arundell County his accompt 
examined and allowed for lookeing after the ffence of the 
Town pasture and keeping the Gate in Repair, 1200 1 tob. 

The Second Article in his account referred to the Sherife 
for to pay. The third article in his accompt referred to the 
County for pay. 

1 tobaccoe I M r William Parker Sherife of Calvuert County 
3000 J his accompt about transporting the Provinciall 

Records, examined and allowed in full of the same 3000 
1 tob: 

Joseph Edloe of Calvuert County his petition considered 
and a mistake being found in the Journall 1694 upon the s d 
mistake allowed upon ballance due 2193 1 tob. 

M r William Barton of Calvuert County his account exam- p . 
ined and allowed for ninety one pounds of Powder formerly 
prest for the Countreyes Service, eighty pounds by Thomas 
Lowe and eleven pounds by Thomas Orell. 1224 1 toD: 

The Hono ble S r Thomas Lawrence his accompt examined 
and allowed for fees upon the tryall of James Welch 1030 1 
tobo: Allowed ditto for 2 Coppies of the tryall of W m Bur- 
leigh & George Mason and 2 Coppies of the Tryall of 
Rebeckah Saunders and two Copyes of the tryall of Jenkin 
Powell and affixing the Seale to each Copy. 1452 1 tob: 

Allowed ditto for writts of Election for Talbott and Sumer- 
sett Countyes. 1440 1 tobo. 

Allowed Richard Jones of Ann Arundell County for accom- 
odating the grand Enquest October Court 1695 as by the 
foremans Receipt for the Same, 2500 1 tob: 

The Comittee adjourns till to Morrow Morning at Eight of 
the Clock. 



260 Assembly Proceedings, Oct. 3-19, 1695. 

JjiftJ Wednesday October the 9 th 1695. 

The Comittee mett again. Present 

M r Robert Mason Chairman 
Major Thomas Smith 



M r Thomas Greenfield V M r ffrancis Watkins ) 
M r George Lingham J M r John Pollard. } 

The said M r John Pollard being added to the Comittee 
•p order of the House. 

William Browne of Ann Arundell County his account 
examined and allowed for Railing and paleing in the Yard 
aboute the State House, and for Seates, frames and window 
Shutters, and plank and nailes for the same 800 1 tob: 

The Cart wheeles in the s d accompt allowed for the last 
Sessions of Assembly. 

Edward Snelling his accompt for worke done aboute the 
State House. Examined & allowed upon the same 2500 
1 tob: And the County to pay for fitting up the County 
office. 

Henry Loftus his accompt examined and considered by the 
Comittee. Referred to them that employed him for his pay. 
is M r Thomas Tasker his accompt examined and allowed for 
his attendance as a Justice of the Provinciall Court in Novem- 
ber Court, ffebruary and August Courts, and for his attend- 
ance in May as a Burgesse 18 dayes with his Itenerant 
charges. 4424 1 tobaccoe. 

Allowed the s d Tasker in May Assembly as appears by the 
Journall for 9' 1980 1 tob: for his attendance then remains 
due, 2444 1 tob: 

M r George Plater his accompt examined and allowed upon 
the same for the tryall of James Welch, 400 1 tob: to be 
allowed in Charles County. 

Richard Shirley of Caluert County his accompt examined 
and allowed for Carrying over the Bay severall Coppyes of 
the Laws by order of his Excellency the Governour and in full 
of the Same 800 1 tob: to be allowed in Charles County. 

Allowed M r Vanswearingen for the Expenses of the 
Comittee of Accompts, 795 1 tob: 

Major Robert King of Sumersett County his accompt 
examined and allowed for his attendance as a Justice of the 
Provinciall Court in Novem r Court 1694 and August Court 
1695, and his Itenerant Charges, 5620 1 tob: 

M r John Caruile Sherife of Caecill County his accompt 
examined and allowed for James Meekes and Thomas Harris's 
Levyes being run away, 204 1 tob: 



Assembly Proceedings, Oct. 3-19, 1695. 261 

The remainder of the s d account Referred till further proofe Original 
and the negroe to pay his own fees &c: 

M r Job Euvans of Ann Arundell County his accompt exam- 
ined and allowed 600 1 tob: 

M r Robert Mason his accompt examined and allowed for 
his attendance as a Justice of the Provinciall Court in August 
last and for his Itenerant Charges 2440 1 tob: 

Ordered that the Clerke sett up noates to giue notice to all 
Persons that have any accompts to putt into the Publick to 
bring in their s d accompts, to the Comittee betwixt this and 
Saturday next at four of the clock in the afternoon. 

The Comittee adjourns for an hour. 

Eodem die. The Comittee mett again Present as before. 

Coll° David Browne his accompt examined and allowed for 
his attendance in Councill and Itenerant Charges 6939 1 tob: 

Coll Charles Hutchins his account examined and allowed 
for his attendance in Councill and Itenerant Charges 7419 
1 tob: 

M r Thomas Brooke his account examined and allowed for P . 34 
his attendance in Councill and Itenerant Charges 3860 1 tob: 

1 tobaccoe ) Coll John Courts his accompt examined and 
3580. j allowed for his attendance in Councill and Itene- 

rant charges 3580 1 tob: 

Coll John Addison his accompt examined and allowed for 
his attendance in Councill and Itenerant charges 4200 1 tob: 

M r James ffrisby his accompt examined and allowed for his 
attendance in Councill and Itenerant Charges 1240 1 tob: 

ColT George Robotham his accompt examined and allowed 
for his attendance in Councill and Itenerant charges 3480 
1 tob. 

The Hono Lle S r Thomas Lawrence his accompt examined and 
allowed for his attendance in Councill 1350 1 tob: 

Coll Nicholas Greenberry his accompt examined and 
allowed for his attendance in Councill 2700 I tob: 

The Article of the old accompt being before the house last 
sessions of Assembly and the same not being allowed by the 
house then, the comittee cannot allow the same. 

M r Edward Randolph his accompt examined and allowed 
for his attendance in Councill and Itenerant Charges 4500 
1 tob: 

The s d Account assigned to M r Henry Denton. 

Allowed to William McCubbin of Ann Arundell County 
upon his petition for his labour by agreement upon the Coun- 
treyes Service 1000 1 tob: more then was allowed the last Ses- 
sions of Assembly for his labour about the Towne ffence. 



262 Assembly Proceedings, Oct. 3-19, 1695. 

Original Allowed M r Thomas Grunwyn of S' Maryes County for his 
journal. l a b our & paines for Examining & Drawing a list of the Prov- 
inciall Records in the Secretaryes & Cofnissaryes offices 806 
ltob: 

Allowed M r Henry Denton for his labour & paines for 
examineing and drawing a list of the s d Records 800 1 tob: 

Allowed to Kent County for boates to bring the Burgesses 
to this Assembly 720 1 tob: 

The Petition of Orlando Greenelade Referred to the House. 

The Petition of M r William Hopkins Referred to the 
House. 

M r Thomas Tench his accompt examined and allowed for 
his attendance in Counsell 3700 1 tob: the last article in his 
accompt Referred to the House. 

M r John Pollard his accompt examined and allowed for his 
attendance as a Justice of the Provinciall Court in NovenV 
ffebruary and August Courts and his Itenerant Charges, 4240 
ltob: 

The Hono ble S r Thomas Lawrence for paper and parchment 
for the Countryes Service his accompt examined and allowed 
4960 1 tobacco: 

The Comittee adjourns till to morrow morning at Eight of 
the Clock. 

p . 35 Thursday October the 10 th 1695. 

The Comittee mett again. Present. 

M r Robert Mason, Chairman. 

Major Thomas Smith ) M r ffrancis Watkins ) 

M r Thomas Greenfield j M r John Pollard j 

1 tobaccoe ) John Haslewood of Dorchester County his 
830 j accompt examined and allowed 830 1 tob: the 

same being proved before M r Robert Smith and M r John 
Pollard. 

The order from the House for allowance to Thomas Blake, 
was allowed the last sessions of Assembly as by the Journall 
appears. 

The Comittee adjourns till to morrow morning at eight of 



the Clock. 



ffriday October the 11 th 1695. 
The Comittee mett again. Present. 
M r Robert Mason Chairman. 
Major Thomas Smith ) 

M r Thomas Greenfield l M r ffrancis Watkins 
M r George Lingham j M r John Pollard 



Assembly Proceedings, Oct. 3-19, 1695. 26 3 

M r William Hatton of Charles County his accompt exam- Origin 
ined and allowed for his attendance as a Justice of the Provin- Journa 
ciall Court and Itenerant charges in August Court last 3080 
1 tob: 

The remaining part of his account being allowed the last 
Sessions of Assembly. 

M r Robert Carss of S' Maryes County his accompt examined 
and allowed for imprisonment fees of William Burleigh George 
Mason and Robert Saunders and othercharges 10730 1 tobaccoe. 

William Goldthrope of Calvert County his accompt ex- 
amined and allowed for transporting over patuxent river the 
Secretaryes and Comissaries Records with the attendants, 
400 1 tob: 

Major William Whittington of Sumersitt County his 
accompt examined and allowed for his attendance as a 
Delegate of the s d County in assembly in May last with his 
Itenerant charges, 2380 1 tob. 

M r Samuell Withers of Talbott County his accompt examined 
and allowed for a boate to bring the Burgesses of the s d County 
to S' Maries Anno 1693, 720 1 tob: 

The other not being due, and the remainder of the accompt 
Referred to the House. 

Coll Caspearus Herman of Caecill County his accompt 
examined and allowed for three barrells of beere for the Bur- 
gesses 1200 1 tob: 

M r Gilbert Linesley of Talbott County allowed upon a Pro- P . 3 g 
tested Bill of Exchange drawn by M r Samuell Bourne upon 
Cap' Peter Paggan by order of the convention bearing date 
the first day of Aprill 1692, for thirty one pounds Seavuen 
Shillings and Seauven pence Sterling, 10460 1 tob: 

Thomas Witherley of Charles County his accompt examined 
and allowed for Comeing to S' Maries upon an express to the 
Hono b,e S r Thomas Lawrence about the murther cofhitted by 
the Anna Costain King, 400 1 tob: 

M r Edward Jones of Caecill County his accompt examined 
and allowed for his attendance as a Justice of the Provinciall 
Court in ffebruary and Augt Courts with his Itenerant 
charges 3346 1 tob: 

And for his attendance and Itenerant charges in Octob: 
Court Referred till the Latter end. 

The Comittee adjourns till to Morrow 
mornine at Seauen of the Clock. 



264 Assembly Proceedings, Oct. 3-19, 1695. 

Original Satturday October the 12 th 1695. 

The Comittee mett again. Present. 

M r Robert Mason, Chairman 
Major Thomas Smith \ 

M r Thomas Greenfield \ M r ffrancis Watkins 
M r George Lingham J M r John Pollard 

Coll° Henry Jowles keeper of the Greate Seale his accompt 
examined and allowed for the Seale to Severall Proclamations 
and Comissions 6840 1 tob: and for his attendance in Councill 
and Itenerant charges 4860 1 tob: in all 11700I tob: 

Daniell Edge of Ann Arundell County his account examined 
and allowed for Carrying up the Lawes to Baltimore County 
300 1 t: 

Major John Harhond his accompt examined and allowed for 
his attendance as a Justice of the Provinciall Court in August 
last, and for 18 foote of glass for the Court House, 1980I tob: 

The other part of the accompt allowed the last Sessions of 
Assembly &c. 

Cap* John Baynes accompt examined and allowed for his 
attendance as a delegate for S' Maryes County in ffebruary 
and May Assemblyes and his Itenerant charges 2640 1 tob: 

The accompt of William Browne Carpenter to be examined 
over again as for his allowance for his worke done about the 
Court House when Cap' Richard Hill brings in his account. 

M r Robert Smith of Talbott County his accompt examined 
and allowed for his attendance as a Justice of the Provinciall 
Court in November, ffebruary and August Courts, and his 
Itenerant charges 6460 1 tob: and for his attendance as a 
Delegate for the s d County in May last and his Itenerant 
charges 2280 1 tob: in all 8740 1 tob: 

P . 37 1 tobaccoe \ Cap' William Holland Sherife of Ann Arundell 
2140. ) County his accompt examined and allowed for 
the Imprisonment of James Welsh and his Execution, 2140 1 
tob: 

Allowed ditto Holland for building the prison timber and 
other charges about the Same, 7630 1 tob: 

Allowed ditto for his attendance as Sarjeant at Arms 3000 1 
tob. Allowed ditto Holland for his expenses at M r ffreebornes 
in May Assembly 1 1 50 1 tob: 

The Comittee adjourns for an houre. 

Eodem die. The Comittee Mett again present as before. 

Richard Kilburne of Ann Arundell County his accompt ex- 
amined and allowed for transcribing Severall Lawes by his 
Excellencyes Order, Containing 52 pages, 400 1 tob: 



Assembly Proceedings, Oct. 3-19, 1695. 265 

Charles Kilburne of Ann Arundell County his accompt ex- Original 
amined and allowed for transcribing Severall Lawes by his J° urnal - 
Excellencyes order Containing 52 pages, 400 1 tob: 

M r William Cooper of S' Maryes County his accompt ex- 
amined and allowed for a transcript of the Lawes in 1694 by 
his Excellencyes order to be sent for England and other trans- 
cripts of the Councill Records, 800 1 tob: 

M r Thomas Bland of Ann Arundell County upon his petition 
allowed for the vse of his bed prest, 400 1 tob: 

M r William Harpam his Petition referred to the House. 

William Gibbons of Ann Arundell County upon his petition 
allowed for goeing from Annapolis down for Coll Coode & 
others upon an express from his Excellency, 400 1 tob: 

Thomas Ward his accompt examined about his labour for 
making the Town ffence, allowed the last Sessions of Assembly 
by order of the house to one W m M c Cubbin & three partners 
as by the Journall &c. 

M r ffrancis Watkins sent to the Comittee of Laws for the 
Law about the Rangers. 

M r Thomas Tench assignes over to M r Thomas Brookes of 
Calvert County 2000 1 tob: out of his publick pay for his 
attendance in Councill. 

John Newton of Charles County Drufner upon his petition 
allowed for his attendance in August Court and this Sessions 
of Assembly 1200 1 tobaccoe. 

M r Samuell Withers his accompt returned to the Comittee 
again by the House, and allowed noe more than what the 
Comittee hath allready allowed. 

George Slacum his accompt examined for bringing the Cage 
Whipping post pillory and Stone from London Towne to 
Annapolis referred to the County for his pay, being the proper 
goods of the County 

M r James Saunders his accompt examined and allowed for p. 38 
his attendance as a Delegate for Ann Arundell County, in 
ffebruary & May Assemblyes, 2420 1 tob. 

William Layton of Sumersett County upon his petition for 
carrying an Express over the Bay allowed 300 1 tob: 

Allowed more to Cap' William Holland Sherife of Ann 
Arundell County for labourers dyett and 3 labourers worke 
3 dayes about the Prison, 400 1 tob: 

M r Henry Lowe of Calvert County his accompt examined 
and allowed for his attendance as a Justice of the Provinciall 
Court in November and October Courts and his Itenerant 
charges 3040 1 tob: 

Coll Charles Hutchins of Dorchester County his accompt 
examined and allowed for bringing over the bricklayers to 
Annapolis by his Excellencyes order and his attending them, 
and his comeing over when the Town was laid out 2400 1 tob: 



266 Assembly Proceedings, Oct. 3-19, 1695. 

nai Rangers allowances for Seaven Months. 

John Oulton of Baltimore County Corhander 5600 1 tob. 

Tobias Standborrow of Baltimore County 4200 1 tob. 

Thomas Roberts of Baltimore County 4200 1 tob. 

Josiah Bridges of Baltimore County 4200 1 tob. 

Henry King of Baltimore County 4200 1 tob. 

Daniell Welsh of Baltimore County 4200 1 tob. 
Richard Brightwell of Caluert County Comander 5600 1 tob. 

James Wapley of Calurit County 4200 1 tob. 

James Rose of Caluret County 4200 1 tob. 

John Doughton of Calurit County 4200 1 tob. 

ffrancis Warner of Caluret County 4200 1 tob. 

Thomas Orton of Calurit County 4200 1 tob. 

Micheall Ash forth of Charles County 4200 1 tob. 

John Oulton -p Richard Miller 4200 1 tob. 

Allowances made the last Sessions of Assembly by Order 
of the House and not entered then (to witt) 

Allowed William Shirmy 800 1 tob: 

Allowed Major Dorsey for his house under the Hill 4000 1 tob: 

Allowed M r William Bladen Clerke of the House 4000 1 tob: 

Allowed M r William Cooper one of the Clerkes of the 
comittee Lawes 1 200 1 tobaccoe. 

Allowed M r Christopher Gregory one of the Clerkes of the 
Comittee of lawes 1 200 1 tob: 

Allowed M r Robert Goldsborrow Clerke of the Comittee of 
Agrievances, 2000 1 t: 

Allowed Cleborne Lomax Clerke of the Comittee of 
Acompts, 1 600 1 tob: 
39 1 tobaccoe ) Allowed Captain Richard Hill for his Land in 

13000 [ Annapolis according to the verdict of the Jury 
1 300 1 tobaccoe. 

Allowed M r Henry Denton Clerke of the Councill for his 
attendance in ffebruary and May Assemblyes, 5000 1 tob. 

Allowed M r William Bladen for business done since the last 
Assembly, 6000 1 tob: 

The Comittee adjourns till Munday 
Morning at Eight of the Clock. 



Munday October the 14 th 1695. 
The Comittee mett gain. Present. 
M r Robert Mason, Chairman. 
Major Thomas Smith | M r George Lingham 
M' Thomas Greenfield j M r ffrancis Watkins 



Assembly Proceedings, Oct. 3-19, 1695. 267 

Allowed Coll Henry Ridgley of Ann Arundell County Original 
upon his petition by Order of the House 100 1 tob: more. Journal. 

Allowed Capt Thomas Waughop of S' Maryes County 
upon his petition by order of the House 2000 1 tob: 

Allowed M r John West of Sumersett County Clerke of the 
Comittee of Agrievances for his expences this Assembly, 
400 1 tob: 

And as for his attendance on the Comittee Referred to the 
House. 

Josiah Collins of Ann Arundell County his accompt ex- 
amined and allowed for Smiths worke 2 lb: 18.. paid by the 
Treasurer to Cap' Richard Hill &c: 

Vpon the Perusall of Cap' Richard Hills accompt, Ordered 
that the s a Hill and William Browne Carpenter appeare before 
the Comittee about their accompts. 

Allowed Edward Snelling more upon the agreement about 
the Court house 208 in tobaccoe at 6 d -p Cont: 332 1 tob: 

Allowed to M r Thomas Dickinson one of the Delegates for 
Sumersett County 2 dayes more for his attendance in May 
Assembly 280 1 tob: 

October the 12 th 1695. 
M r Mason out of the tobaccoe allowed mee I desire you will 
gett two hogsheads, Ordered, M r Perry of four hundred neate 
in which you will oblige 

Sir Your humble Servant 
W. Bladen. 

The s d 800 1 tob: Ordered to be allowed M r Perry in Caluert 
County 

The Comittee adjourns till to Morrow 
Morning at Eight of the Clock. 



Twesday October the 15 th 1695. 
The Comittee mett again. Present. 
M r Robert Mason Chairman. 
Major Thomas Smith "j 
M r Thomas Greenfield > M r ffrancis Watki 
M r George Lingham J M r John Pollard 



ns > 



1 tobaccoe ) M r William Hopkins of Ann Arundell County 

560 j his accompt Examined and allowed for the 

Drummers accomodations, 560 1 to: Cap' Richard Hill's 

accompt paid by the Treasurer M r Thomas Tasker and Josiah 

Collins his accompt allsoe paid to him. 



268 Assembly Proceedings, Oct. 3-19, 1695. 

original M r William Gwyther of S' Maryes County for the accomo- 

joumai. rj at j ns of M r Crouch whilst hee was writeing Copyes of the 

Lawes five weeks at 25 1 tob: -p day allowed 675 1 tob: 

M r John Lowe of S' Maryes County for a pair of Stillyards 
borrowed to weigh the Countryes powder upon the division of 
the same and burnt in the great house at S' Maryes, and for 
his labour and paines in dividing the Same and the Countrey 
Armes; allowed 600 1 tob: 

William Twisdell of S' Maryes County allowed for a horse 
three dayes to Carry the Records from S' Maries, 90 1 tobo: 
The Comittee adjourns till to Morrow 
Morning at Eight of the Clock. 

Wednesday October 16 th 1695. 

The Comittee Mett again. Present. 

M r Robert Mason Chairman 

Major Thomas Smith ) M r ffrancisWatkins | 

M r Thomas Greenfield { M r John Pollard j 

M r William Harpams Petition Referred to the house, re- 
turned again and Rejected. 

The last article of M r Tench his accompt being referred to 
the house is paid by the Treasurer in money. 

M r Williams Hopkins his petition being referred to the 
House is allowed by Order of the House 400 1 tob: 

Dennis Murphy of Ann Arundell County for assisting to 
make the Town ffence his part out of the allowance made by 
the House the last Sessions of Assembly to Menibbin & three 
partners, to be allowed M r Henry Ridgley Senior. 

M r Orlando Greenslade of Ann Arundell County his petition 
being referred to the house is allowed upon the same by order 
of the house 400 1 tob: 

M r John Cross of Ann Arundell County upon his petition 
allowed for the fferry over South River 12000I tob: 

Allowed Coll° Henry Ridgeley for 15 Bushells of Corne of 
Richard Bruce, 600 1 tob: 
p. 4 i 1 tobaccoe ) Allowed M rs Rachell Prostor for 32 Bushells 

1300. (of Come; 1 300 1 tob: 720 allowed M r Robert 

Smith of Talbott County for one boate, 720 1 tob: 

Allowed Major Thomas Smithson of Talbott County for a 
boate in ffebruary and October Assemblyes, 1440 1 tob: 

Allowed Coll° Henry Coursey & M r Nicholas Lowe for a 
boate in May Assembly betwixt them, 720 1 tob: 

Allowed M r John fferry of Baltimore County for a boate to 
bring the Burgesses of the s' 1 County to the Assembly, 720 1 
tob. 



Assembly Proceedings, Oct. 3-19, 1695. 2 ^9 

Allowed M r Vansvvearingen for the Expences of the Cofnittee Original 
970 1 tob. JournaU 

Allowed M r Vanswearingen for the Expences of Cleborne 
Lomax Clerke of the Comittee during their sitting, 400 1 tob: 

Allowed M r John Watson one of the Delegates for the Citty 
of S' Maries for his attendance this Assemby, from the 2 d 
October untill the 19 th of the same month in all 18 Dayes 2520 1 
tob: and 6 dayes Itenerant charges Comeing & goeing at 80 1 
tob: -p day, 480 1 tobaccoe,in all 3000 1 tobaccoe. 

Allowed M r Kenelm Chisledyn one of the Delegates for the 
County of S' Maries for his attendance this Assembly from the 
2 d of October untill the 19 th day of the s d month, in all 18 dayes, 
2520 1 tobaccoe. Six dayes for his Itenerant Charges Comeing 
and goeing at Sol to: p day 480 1 tob: in all 3000 1 tob: 

Allowed Cap' Thomas Waughob one of the Delegates for 
the Citty of S' Maries for his attendance this Assembly from 
the 2 d of October untill the 19 th day of the s d month, in all 18 
days 2520 1 tob: and for his Itenerant charges Comeing and 
goeing six days at 80 1 tob. -p day 480 1 tob. in all 3000 1 tob: 

Allowed M r Robert Mason one of the Delegates for S' Maries 
County for his attendance this Assembly from the 2 d of October 
till the 19 th day of the s d month in all 18 days 2520I tob: and 
for his Itenerant charges Comeing and goeing Six dayes at 
Sol tob -p day 480 1 tob: in all 3000 1 tob: 

Allowed M r Philip Clarke one of the Delegates for S' Maries 
County for his attendance this Assembly from the 2 d October 
till the 19 th day of the s d month in all 18 dayes 2520I tob: and 
for his Itenerant charges Comeing and goeing six dayes at 
80 1 tob -p day, 480 1 tob: in all 3000 1 tob: 

Allowed Cap' John Bayne one of the Delegates for S' Maries 
County for his attendance this Assembly from the 2 d of October 
till the 19 th day of the s d month in all 18 dayes 2520I to. and 
for his Itenerant charges coming and goeing six dayes at 80 1 
tob: -p day, 480 1 tob: in all 3000 1 tobo: 

Allowed Major James Smallvvood one of the Delegates for P . 42 
Charles County for his attendance this Assembly from the 2 d 
of October till the 19 th day of the s d month in all 18 dayes 
2520 1 tob: and for his Itenerant Charges comeing and goeing 
four dayes at 80 1 tob: -p day, 320 1 tob: in all 2840 1 tob: 

Allowed M r Henry Hopkins one of the Delegates for 
Charles County for his attendance this assembly from the 2 d 
day of October untill the 19 th day of the s d month in all 18 
dayes, 2520 1 tob and for his Itenerant charges comeing and 
goeing four dayes at 80 1 tob: in all 2S40 1 tob: 

Allowed Cap' William Dent one of the Delegates for Charles 
County for his attendance this assembly from the 2 d of October 
till the 1 9" 1 day of the s 1 ' month, in all iS dayes 2520I tob: and 



270 Assembly Proceedings, Oct. 3-19, 1695. 

original for his attendance charges comeing and goeing four dayes at 

Journal. g Q j tQ ^ ; ^ ^ ^ 2Q) \ ^ m a \\ 3840! tob: 

Allowed M r William Hutchison one of the Delegates for 
Charles County for his attendance this Assembly 7 dayes 
980 1 tob. and for his Itenerant charges comeing & goeing four 
dayes at 80 1 tob: p day, 320 1 tob: in all 1 300 1 tob: 

Allowed Major Thomas Smith one of the Delegates for 
Kent County for his attendance this Assembly from the 2 d of 
Oct r till the 19 th day of the s d month in all 18 dayes 2520I tob: 
and for his Itenerant charges comeing and goeing two days at 
80 1 tob. p day 160I tob: in all 2680 1 tob: 

Allowed Coll Hans Hanson one of the Delegates of Kent 
County for his attendance this Assembly from the 2 d of Octo- 
ber till the 19 th day of the s d month in all 18 dayes 2520 1 tob: 
and for his Itenerant charges comeing and goeing two dayes 
at 80 1 tob: p day 160I tob: in all 2680 1 tob: 

Allowed Coll John Hinson one of the Delegates for Kent 
County for his attendance ten days 1 400 1 tob. and for his 
Itenerant charges comeing and goeing two days at 80 1 tob: p 
day 160I tob: in all 1560 1 to. 

Allowed Major John Hamond one of the Delegates for Ann 
Arundell County for his attendance this Assembly from the 
2 d day of October to the 19 th day of the s d month in all 18 
dayes 2520I tob: 

Allowed Major Edward Dorsey one of the Delegates for 
Ann Arundell County for his attendance this Assembly from 
the 2 d day of October untill the 19th day of the s d month, in 
all 2520 1 tob, 18 dayes. 

Allowed Cap 1 Richard Hill one of the Delegates for Ann 
Arundell County for his attendance this Assembly from the 2 d 
day of October till the I9 lh day of the s d month in all 18 dayes 
2520 1 tob. 

Allowed M r James Saunders one of the Delegates for Ann 
Arundell County for his attendance this Assembly, 15 dayes, 
2100 1 tob. 
p 43 Allowed M r Thomas Greenfield one of the Delegates for 
Calvert County for his attendance this Assembly from the 2 d 
of October till the 19''' day of the said month in all 18 dayes 
2520 1 tob: and for his Itenerant charges comeing and goeing 
2 dayes at Sol tob p day 160I tob, in all 2680 1 tob: 

Allowed M r George Lingham one of the Delegates for 
Calvert County for his attendance this assemby from the 2 d 
October till the 19 th day of the s d month in all 18 dayes 
2520 1 tob, and for his Itenerant charges coming and goeing 
two dayes at' 80 1 tob p day 160I tob: in all 2680 1 tob: 

Allowed M r Thomas Tasker one of the Delegates for 
Calvert County for his attendance this assembly from the 2 d 



Assembly Proceedings, Oct. 3-19, 1695. 2 7 l 

of October till the 19 th day of the s d month in all 18 dayes Original 
2520 1 tob: and for his Itenerant Charges comeing and goeing J ournal - 
2 dayes at Sol tob: p day, 160I tob: in all 2680 1 tob: 

Allowed M r Edward Boothby one of the Delegates for Balti- 
more County for his attendance this assembly from the 2 d 
October till the 19 th day of the s d month in all 18 dayes 
2520I tob: and for his Itenerant charges Comeing and goeing 
four dayes at Sol tob: p day 320 1 tob. in all 2840 1 tob: 

Allowed M r ffrancis Watkins one of the Delegates for Balte- 
more County for his attendance this Assembly from the 2 d 
of October till the 19 th day of the s d month in all 18 dayes 
2520 1 tob: and for his Itenerant charges comeing and goeing 
four dayes at So 1 tob p day, 320 1 tob: in all 2840 1 tob: 

Allowed Major James Maxwell one of the Delegates for 
Baltemore County for his attendance this assembly from the 2 d 
of October till the 19 th day of the s d month in all iS dayes 
2520I tob: and for his Itenerant charges comeing and goeing 
four dayes at 80 1 tob p day 320 1 t: in all 2840 1 tob. 

Allowed M r Robert Smith one of the Delegates for Talbott 
County for his attendance this assembly from the 3 d of October 
till the 11 th day of Octob: in all 8 dayes ii2oltob. and for 
his Itenerant Charges comeing and goeing 4 dayes at Sol tob: 
p day, 320 1 tob. in all 1 440 1 tob. 

Allowed Major Thomas Smithson one of the Delegates for 
Talbott County for his attendance this assembly from the 2 d 
of October till the 19 th day of the s d month in all 18 dayes 
2520 1 tob: and for his Itenerant charges comeing and goeing 
four dayes at 80 1 tob p day 320 1 tob. in all 2840 1 tob: 

Allowed M r John fferry one of the Delegates for Baltimore 
County for his attendance this assembly from the 2 d of October 
till the 19 th day of the s d month in all 18 dayes 2520 1 tob: and 
for his Itenerant charges comeing and goeing four dayes at 
80 1 tob. p day 320I tob. in all 2840 1 tob: 

Allowed M r Thomas Dickson one of the Delegates for p . 44 
Sumersett County for his attendance this assembly from the 
4 th day of October till the 19"' day of the s a Month in all 16 
days 2240 1 tob: and for his Itenerant charges Comeing and 
goeing six days at Sol tob. p day 4S0I tob: in all 2720I tob: 

Allowed M' John Bosnian one of the Delegates for Sumer- 
sett County for his attendance this assembly from the 4" 1 of 
October till the ninteenth day of the s d month in all 16 dayes 
2240 1 tob: and for his Itenerant charges comeing and goeing 
six dayes at Sol tob: p day 480I tob: in all 2720 1 tob. 

Allowed M r Matthew Scarborrow one of the Delegates for 
Sumerset County for his attendance this Assembly from the 
6' of October till the 19 th day of the s d month in all 14 dayes 
1960I tob: and for his Itenerant charges comeing and goeing 
six dayes at 80 1 tob p day, 480 1 tob in all 2440 1 tob: 



272 Assembly Proceedings, Oct. 3-19, 1695. 

Original M r John Pollard one of the Delegates for Dorchester 

journal. c ount y f or hi s attendance this Assembly from the 4 th of 

October till the 19 th day of the s d month in all 16 dayes 2240 

1 tob: and for his Itenerant Charges Comeing and goeing six 

dayes at 80 1 tob: p day 480 1 tob: in all 2720 1 tob: 

Allowed M r Thomas Ennalls one of the Delegates for Dor- 
chester County for his attendance this Assembly from the 
4 th of October till the 12 th day of the s d month in all 9 dayes 
1260 1 tob: and for his Itenerant charges comeing and goeing 
six dayes at 80 1 tob: p day in all 1 740 1 tob: 

Coll Casparus Herman one of the Delegates for Ceecill 
County allowed for his attendance this assembly from the 2 d 
of October till the 10 th day of the s d month in all 8 dayes 1 1 20 
1 tob: and for his Itenerant charges comeing and goeing four 
dayes at 80 1 tob: p day 320 1 tob: in all 1440 1 tob. 

Coll William Peirce one of the Delegates for Caecill 
County allowed for his attendance this assembly from the 2 d 
of October till the 19 th day of the s d month in all 18 dayes 
2520 1 tob: and for his Itenerant charges Comeing and goeing 
four dayes at 80 1 tob: p day 320 1 tob: in all 2840 1 tob. 

Coll S' Ledger Codd one of the Delegates for Caecill 
County allowed for his attendance this Assembly from the 2 d of 
October till the 19 th day of the s d month in all 18 dayes 2520 1 
tob: and for his Itenerant Charges comeing and goeing four 
dayes at 80 1 tob p day 320 1 tob: in all 2840 1 tob: 

Allowed Major John Thompson one of the Delegates for 
CiL-cill County for his attendance this Assembly from the 3 d 
day of October till the 19 th day of the s d month in all 17 dayes 
2380 1 tob: and for his Itenerant charges comeing and goeing 
four dayes at 80 1 tobaccoe "p day 320 1 tobaccoe in all 2700 
1 tob: 
p . 45 The Comittee adjourns till to morrow morning at Eight of 
the Clock. 

Thursday October the 17 th 1695. 

The Comittee mett again. Present 

M r Robert Mason, Chairman 
Major Thomas Smith ") M r ffrancis Watkins ) 
M r Thomas Greenfield j M r John Pollard j 

Nicholas Sporne his account examined and allowed for the 
1 hiorckeepers accommodations & Lodgeing 500 1 tob. 

M rs Rachell Prostor her account examined for the expences 
of Coll° Charles Hutchins upon the agreement with the work- 
men and allowed to Cap' William Holland Sherife the last 
sessions of Assembly as by the Journall appears. 



Assembly Proceedings, Oct. 3-19, 1695. 2 73 

Allowed Henry Carter of Ann Arundell County for glaze- Origi 
ing the Court house 200 1 tobaccoe. J our " 

Allowed M r Edward Jones of Ca^cill County for his attend- 
ance as a Justice of the Provinciall Court in October 1695, I2 
dayes 1680 1 tob: and four dayes for Itenerant charges comeing 
and goeing at 80 1 tob: p day 320 1 tob: in all 2000 1 tob: 

M rs Rachell Prostor her accompt examined and allowed for 
workemens accomodations 1737 1 tob. 

The Comittee adjourns till to morrow morning at eight of 
the Clock: 

ffriday October the i8' h 1695. 

The Comittee mett again. Present. 

M' Robert Mason, Chairman 
Major Thomas Smith ) M r George Lingham 1 
M r Thomas Greenfield j M r John Pollard \ 

Allowed M r William Hatton of Charles County for his 
attendance as a Justice of the Provinciall Court in October 1 2 
Dayes 1680 1 tob: and four dayes for his Itenerant charges 
comeing and goeing at 80 1 tob. p day 320 1 tob: in all 2000 
1 tob: 

Allowed Coll Henry Jowles for his Attendance in Councill 
from the 3 d of October till the 19 th day of the s d month in all 
17 dayes 2550 1 tob: and for his Itenerant charges Comeing 
and goeing four dayes at 80 1 tob: p day 320 1 tob: in all 
2870 1 tob: 

Allowed Coll° John Addison for his attendance in Councill 
from the 3 d of October till the 19"' of the s d month in all 17 
dayes 2550 1 tob: and for his Itenerant Charges comeing and 
goeing four dayes at 80 1 tob: p day 320 1 tob: in all 2870 
1 tob: 

Allowed Coll" Nicholas Greenberry for his attendance in 
Councill from the 2 d day of October till the 19"' day of the s d 
month in all 18 dayes 2780 1 tobaccoe 

Allowed Coll" Charles Hutchins for his attendance in Coun- P . 46 
cill from the 4'''day of October till the 19"' day of the s d month 
in all 16 dayes 2400 1 to: and for his Itenerant charges Come- 
ing and goeing six dayes at 80 1 tob: p day 480 1 tob: in all 
2880 1 tobaccoe 

Allowed Coll° David Browne for his attendance in Councill 
from the 4" 1 of October till the 19''' day of the s' 1 month 16 
dayes 2400 1 tob: and for his Itenerant charges Comeing and 
goeing 6 dayes at 80 1 tob: p day 480 1 tob: in all 2880 1 tob: 

Allowed Coll° John Courts for his attendance in Councill 
from the 3 rd of October till the 19''' day of the s d month in all 



274 Assembly Proceedings, Oct. 3-19, 1695. 

iginai 17 dayes 2550 1 tob: and for his Itenerant charges comeing 

l " nal - and goeing four dayes at 80 1 tob: 320 1 tob: in all 2870 1 tob: 

Allowed M r Thomas Brookes for his attendance in Councill 

from the 3 d of October till the 19 th day of the s d month in all 

17 dayes 2550 1 tob: and for his Itenerant charges Comeing 
and goeing two dayes at 80 1 tob: p day 160 1 tob: in all 2710 
ltob. 

Allowed M r James ffrisby for his attendance in Councill 
from the 2 d of October till the 19 th day of the s d month in all 

18 dayes 2780 1 tob: and for his Itenerant charges Comeing 
and goeing 6 dayes at 80 1 tob: -p day 480 1 tob: in all 3260 
1 tobaccoe. 

Allowed M r Henry Denton Clerke of the Councill by 
Order of the House for his attendance in Assembly Septem- 
ber 1694, and in full of all accompts to this day 6000 1 tob: 

Allowed by order of the house to M r Thomas Dawes min- 
ister of S' George's Parish for his attendance on the Assembly 
3000 1 tob: 

Allowed by order of the house to Cleborne Lomax for his 
attendance in ffebruary Assembly 1000 1 tob: 

Allowed by order of the House to M r Thos. Tasker 4000 1 tob. 

Allowed by order of the House to Orlando Greenslade 
further upon his petition 600 1 tob: 

Allowed Major Edward Dorsey further upon his accompt 
being not allowed before for hoes, axes, spades and one sett 
of wedges 450 1 tob: and one iron pott 188 1 tob: in all 728 
1 tob: 

M rs Esther Gross of Ann Arundell County her accompt 
examined and allowed for the Expences of the Comittee of 
A^rievances 890 1 tob: and for the vse of a room for them 400 
1 tob: in all 1290 1 tob: 

Allowed ditto Gross her accompt being regulated and 
examined for the expences of the comittee of Laws and two 
clerkes that attended upon them and the vse of a Roome 31 20 
1 tob: 

Allowed Cap' Richard Hill by order of the house for his 
land over and above the Virdict of the Jury 5000 1 tob: 

Allowed M r John Larkins upon his account for the 
Expences of Cleborne Lomax in Comeing up to attend the 
Assembly in May &c Oc' 214 1 tob: 
p . 47 Allowed Coll Casparus Herman towards the building of 
the State House 1 00000 1 tob: and abated out of the same 
4000 1 tob: for the House hee purchased of the Countrey Rests 
due him 96000 1 tob: 

William Coopers accompt to M rs Prostor rejected and 
referred to her to pay. 

Stephen Blatchfords accompt to M rs Prostor rejected and 
referred to himself to pay &c. 



Assembly Proceedings, Oct. 3-19, 1695. 2 75 

Daniell Cammin upon his petition by order of the house Origi 
allowed 900 1 tob: for his worke about the Town. J UU1 " 

M r Henry Denton his accompt of Expences due to James 
Browne Regulated and allowed ditto Browne for the same 20 
1 tob: 

Expences of Cleborne Lomax Clerke of the Cofnittee from 
the 4 ,h of October till the 18"' day of the s d month 1067 1 tob: 

William Cooper his accompt due to James Browne rejected 
and Referred to himselfe to pay. 

Stephen Blatchford his accompt due to ditto rejected and 
referred to himselfe to pay. 

M r Kenelm Chesoldyn allowed by order of the house for 
his attendance in the Court of Chancery 12 dayes at 140 1 tob: 
p day 1680 1 tob: 

Major Edward Dorsey allowed by order of the House for 
his attendance in the Court of Chancery 1 2 dayes at 140 1 tob: 
p day 1680 1 tob: 

Allowed Major Edward Dorsey one of the Delegates for 
Ann Arundell County for his attendance in ffebruary and May 
Assembly 15 days 2100 1 tob: 

Major Thomas Ennalls one of the Delegates for Dorchester 
County allowed for his attendance in Assembly in May 1 2 
dayes 1680 1 tob: and for his Itenerant charges comeing and 
goeing six dayes at 80 1 tob: p day 480 1 tob: in all 2160 1 tob: 

Allowed M r Thomas Hicks one of the Delegates of 
Dorchester County for his attendance in Assembly May 12 
dayes 1680: 1 tob: and for his Itenerant charges comeing 
and goeing six dayes at 80 1 tob p day 480 1 tob. in all 2160 
1 tob. 

Allowed M r William Hutchison one of the Delegates for 
Charles County for his attendance in Assembly in May 8 
dayes 11 20 1 tob. and for his Itenerant charges Comeing and 
goeing four dayes at 80 1 tob: p day 320 1 tob: in all 1440 1 tob: 

M r Vanswearingens accompt examined and allowed for the 
expences of the Cofnittee 848 1 tob. 

Allowed ditto Vanswearingen for M r Daues his Expences 

195- 

Coll William Peirce one of the Delegates for Ca j cill County 
Allowed for his attendance in ffebruary and May Assemblys 
dayes. 

Allowed ditto Peirce for Itenerant charges comeing and p. a$ 
goeing four dayes in ffebruary and four dayes in May 
Assembly 640 1 tobaccoe. 

M r Vanswearingen's account Regulated and allowed for M r 
Bladen Clerke of the House his expences from the 4 th of 
October till the 18"' day of the s' 1 month 969 1 tobaccoe. 

The Cofnittee adjourns to the house. 



276 Assembly Proceedings, Oct. 3-19, 1695. 

The 

1 ' Following Laws were made in 

October 1695 

An Act for laying an Imposition on Severall Commoditys 
Exported out of this Province. 

Be it Enacted by the Kings most Excellent Maty by and 
with the Advice and Consent of this Present Generall 
Assembly and the Authority of the same That from and after 
the publication hereof no person or persons whatsoever 
Inhabiting or residing within this Province shall Exporte any 
furrs or skin ns within this Act hereafter mentioned and 
Expressed for England or any his Maties Plantations here in 
America but what he she or they shall pay unto his Sacred 
Maty and his Successors to be Imployed Towards the main- 
tenance of a ffree schoole or schools within the Province af d 
the. severall Dutys and Imposts hereafter following that is to say 
for every Bear Skin nine pence sterling for Beaver four pence 
p skin for Otter three pence p skin, for wild Catts, foxes, 
Minks ffishers and Wolf skins one peny half peny p skin 
for Muskratt four pence p Dozen for Racoons three farth- 
ings p skin for Elk skins twelve pence, p skin for Dear 
Skinns drest or undrest four pence p skin for young Bear 
and Cubb Skinns two pence p Skin and That all non resi- 
dents from and after the publication aforesaid That shall 
Exporte out of this province aforesaid any ffurrs or skins 
herein before mentioned and Expressed for England or to 
any his Maties Plantations as aforesaid shall for every Skinn 
p. 99 or ffurrs by him Exported of what nature or quality soever 
being Comprized within this Act pay unto his Maty or his 
Successors for the use aforesaid double the duty by this Act 
Appointed to be paid by persons Inhabiting and resideing 
within this Province as aforesaid the same severall Impositions 
to be Collected by the severall and respective Navall Officers 
within this Province which said Navall Officers shall once a 
y<ar render an Ace 1 of the said Imposition to the Governors 
I rustees and Visitors of the aforesaid ffree schoole or schools 
for the time being who shall & are hereby Authorized and 
Impowered to Order and dispose of the same for the uses 
Intents and purposes aforesaid and to the end the severall 
Impositions may be Justly and duly paid without fraud or 
:ipt. 

Be it Enacted by the Authority aforesaid That any person or 
persons whatsoever Exporting any furrs or Skinns out of this 
Province shall att or before the shipping on Board of such Ves- 
sell in which such Skinns or furrs shall be Exported as aforesaid 
render upon Oath an Accompt oi the nature Quantity and 



Assembly Proceedings, Oct. 3-19, 1695. 277 

Quality of the said skinns by him her or them Exported as Li 
aforesaid & whether the same be his her or their proper 
Goods and Comoditys or the goods and comoditys 
of any other person or persons then whether he she 
or they to whom they properly belong as aforesaid be 
Inhabitants or Residents of this Province afores d which said 
Oath shall be Exhibited by the severall and respective Navall 
Officers or their Deputys thereunto Especially appointed and 
if any pson or persons whether Inhabitants or non residents 
shall put on Board any ships or other Vessell any furrs or skins 
for which he she or they shall not have paid the Imposition 
aforesaid or given Good and sufficient Caution for the same p. 
to the navall Officer of such Porte and place from whence such 
furrs and skins shall be Shipt as aforesaid or to his Deputy for 
the time being & a Certificate from under the hand of such 
Navall Officer or his Deputy produce for the payment or Cau- 
tion by him given for the payment of the Imposition aforesaid 
he she or they so offending shall forfeitt and loose all his her 
or theire furrs or skinns so Shiped as aforesaid one halfe 
thereof to his said Maty and his Successors for the use afore- 
said the other halfe to him or them that shall Informe and sue 
for the Same to be recovered by Action of Debt Bill Plaint or 
Information wherein no Essoyn Protection or wager of Law 
shall be allowed And that the M r of any such Ship or Vessel 
that shall Willingly or knowingly take on Board his said Ship 
or Vessell any furrs or Skinns as aforesaid for which the party 
or partys Sniping the same shall not produce a Certificate as 
aforesaid being thereof Lawfully Convict shall forfeitt and pay 
the sume of five Thousand pounds of Tobacco one halfe 
thereof to his Sacred Maty and his successors for the use afore- 
said the other halfe to him or them that shall Informe and sue 
for the same to be recovered as af d and th' the Severall and 
respective Navall Officers of the severall & respective Portes 
may and are hereby Authorized & Impowered when and as 
often as he or they shall think fitt to Enter into any Ship or 
Vessell Tradeing to and from this Province or into any house 
Warehouse or other building and open any Trunk Chest Cask 
or iardle and Search to make in any part or place of such Ship p 
or Vessell houses or buildings as af' 1 where such Navall Officer 
shall suspect any such furrs or Skinns to be as aforesaid for 
which no Account is given or Duty paid as aforesaid and upon 
finding any such furrs or skinns unqualifyed for Exportacon 
as aforesaid them to seize and have Condemned as by this 
Law is before directed And be it further Enacted by the 
Authority aforesaid by & with the Advice and Consent afore- 
said That from and after the publication hereof a > afore aid all 
persons not being inhabitants of this Province Exporting out 



278 Assembly Proceedings, Oct. 3-19, 1695. 

of the same any Beeff Pork or Bacon shall pay unto his Sacred 
Maty and his Successors for the use in this Act before men- 
tioned and Expressed the Severall Imposts following (that is 
to say) for dryed Beeff and Bacon twelve pence the hundred 
weight & so proportionable for greater or lesser quantity and 
for Beeff and Pork undryed twelve pence the Barrell each 
Barrell to Conteine two hundred weight And that no undryed 
Beeff and Pork be Exported out of this Province but in Casque 
as af d which said sev r all Impositions shall be Collected and 
Gathered by the said Severall and respective Navall Officers 
who shall be accomptable for the same & have authority to 
Enter any Ship or other Vessell as aforesaid and to make 
search for every such Prohibited Goods as aforesaid in such 
method and manner as in this Act is before mentioned & 
Expressed and if any person whatsoever being non resident 
as afores d shall put on Board any Ship or Vessell any Beeff 
Bacon or Pork for which he she or they shall not have a Cer- 
tificate as aforesaid or that shall ship on Board any 
Beeff or Pork undryed not being in cask as aforesaid 
such person or persons so Offending shall forfeit and loose 
all his her or their meat so shipped as aforesaid one 
halfe to his said Maty and his successors to the use 
aforesaid the other halfe to the Informer to be recovered as 
: af d and every Master of a Ship or other Vessell That shall 
wittingly or knowingly take on Board his said Ship or Vessell 
any Beeff Bacon or Porke Contrary to the true intent and 
meaning of this Act being thereof Lawfully Convict shall for- 
feitt and pay the sume of five Thousand pounds of Tobacco 
one halfe thereof to his said Maty and his Successors for the 
use and the other halfe to the Informer or him or them that 
shall sue for the same to be recovered as aforesaid and for the 
better understanding what persons shall be adjudged non 
residents it hereby declared and Enacted by the Authority 
aforesaid That all persons whatsoever Tradeing To and from 
this Province shall be adjudged Deemed and taken as non 
Residents not haveing a Seated plantation of fifty Acres att 
the least whereon he or she with theire family (if any) have 
resided for and dureing the space of one whole year and that 
within the time and terme of twelve months before any benefitt 
Claimed in and by Virtue of this Act or that hath or shall 
hereafter have an house in some Porte or Town as his or their 
proper ffreehold being fourty foot in Length and twenty foot 
in breadth with two Brick Chimneys to the same wherein he 
she or they shall have resided for and dureing the space of one 
whole year as al d and that no such person or persons Trading 
to and from this Province haveing houses in any Town or 
porte within the same whereby he she or they may Claime any 



Assembly Proceedings, Oct. 3-19, 1695. 2 79 

benefit* or freedom in this Act given to the Inhabitants thereof Lib. l. l. 2 
shall have hould or enjoy such benefitt and Priviledge as p. 103 
aforesaid any longer then he she or they or his her or their 
family shall in such Porte or Town Actually inhabitt and reside 
Provided allways That it is the True intent and meaning of 
this Act That no person or persons whatsoever as shall Trade 
directly from England hither be Construed reputed Deemed 
or taken as forreigners but That all and every such persons so 
Tradeing directly from England to this Province as aforesaid 
have free liberty in the Exportation of any Skins or furrs what- 
soever or in the Exportation of any meat dryed or undryed 
Equall with the Inhabitants of this Province paying such 
Dutys & Impositions for the said Severall and respective 
Cofnoditys as this Law hath Imposed upon the Inhabitants as 
aforesaid and no more And be it also further Enacted by the 
Authority aforesaid by and with the advice and Consent afore- 
said That one former Act of this Province Intituled an Act 
for the laying an Imposition on Severall Cofnoditys Exported 
out of this Province be and is hereby repealed Provided always 
and it is the True intent and meaning of this Act That no 
person or persons whatsoever haveing in any part Trans- 
gressed against the afores d Law dureing the time it was in 
force being as yett undiscovered or unprosecuted for the same 
shall have and receive any benefitt or Advantage by the repeale 
thereof but that upon the Prosecution or discovery of such 
person or persons so haveing Offended as afores d the s d Law 
shall be pleadable in any Court within this Province where in 
any plaint or information shall be brought ag' any such person 
or persons as aforesaid and judgem' thereupon by the justices 
of the said Court Given as the Nature of the Case shall require 
in as full and ample maner as though the said Law att the 
time of the Prosecution aforesaid were then Actually in force 
any thing before mentioned or recited to the Contrary hereof 
notwithstanding. 



An Act for the Securing Person's Rights To Town Lands. p . 

Whereas it is represented to this Generall Assembly That 
Severall persons of this Province and others that have taken 
up Lotts in Severall Town's Lands laid out and Surveyed for 
Towns according to the directions of Severall Laws of this 
Province heretofore made that is to say one Law made att a 
Generall Assembly held att the Ridge in Ann Arundel] 
County the Second day of October one rhousand Six hun- 
dred Eighty three Entituled an Act lor Advancem' of Trade 



280 Assembly Proceedings, Oct. 3-19, 1695. 

[.. 2 and one other Act made att a Gen" Assembly held at 
S l Marys the first day of Aprill one Thousand six hundred 
Eighty four Entituled an Additionall and Supplementary Act 
to the Act for Advancem' of Trade And one other Act made 
att a Generall Assembly held att the Citty of S' Marys the 
27 th day of October Entituled a further Additionall Act to the 
Act for the Advancem' of Trade and the Supplementary Act 
of the same as by the same Severall Acts of Assembly remain- 
ing upon Record in the Secrys, Office of this Province may 
Appear and Notwithstanding severall persons who relying 

105 and depending upon the benefitts and priviledges in the said 
Laws granted have taken up Lotts in the said Towns Entred 
them and paid for them or were ready to pay for them as the 
Law directed and have built and Improved thereon Yett they 
are now threatened disquietted and disturbed by the persons 
Claiming right to the said Lands upon pretence that because 
that the said Acts are since repealed the Titles of such Takers 
up builders & Improvers are destroyed and dye with the said 
Acts of Trade Contrary to the true sence or rationall Con- 
struction of the same Laws or any other of like Nature to 
prevent therefore and to take off all unnecessary Scruples and 
doubts thereof Be itt Enacted by the Kings most Excellent 
Matys by and with the Advice and Consent of this present 
Generall Assembly and the Authority of the same That all 
and every person or persons that dureing the Continuance of 
the before mentioned Act of Assembly did take up pay for or 
tendered or were ready to pay for any Lott or Lotts of Land 
in any Town land layd out and allotted for Town Lands by 
the former Laws or any of them and the same Lott made due 
Entry thereof and hath built and Improved upon the same 
and followed the directions of the above mentioned Laws they 
the said person and persons so takeing up Entring building 
on and followed the directions of the said Laws their heires & 
Assignes shall have hold and Enjoy a good sure indefeazable 
Estate of Inheritance in fee simple of in and to every such 
Lott and Lotts of Land so taken up and built on at aforesaid 
according to the said Laws directions to them and their heires 
forever as fully Largly and Amply to all Intents and Pur- 
poses as if the said former Laws were still in force or had 
never been repealed Provided allways That where any per- 
son or persons that hath so taken up Built and Improved and 

106 hath not paid the price sett upon the same That every such 
person is hereby enjoyned to pay the said Value of the said 
Lott to the Owner and Claimer of the said Land upon 
Demand without fraud or Covin. 



Assembly Proceedings, Oct. 3-19, 1695. 2 $i 

An Act for the Naturalization of Michael Curtis and 
others. 

Be it Enacted by the Kings most Excellent Maty by and 
with the Advice and Consent of this present Gen" Assembly 
and the Authority of the same That Michael Curtis of S' 
Mary's County Gentleman, Alexander Forbes of Talbott 
County and John Hans Steelman and John his son of Csecill 
County be by this Present Act Naturalized and entituled to 
enjoy all rights and Priviledges whatsoever within this Prov- 
ince as any Naturall borne Subjects of this Province might 
Could or ought to do and shall be Capable to sue or be sued 
to defend or be defended and they and theire heires shall and 
may enjoy any Lands Tenements Rents or Hereditaments what- 
soever to which they shall or may in any wise be intituled to 
as if they and every of them were or had been naturall borne 
Subjects of this Province any Law usage or Custom to the 
Contrary notwithstanding. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND. 



At a Session held at Annapolis, 
April 10-May 1 4, 1 696. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE UPPER HOUSE. 



At a Council in a General Assembly met and held at the u. h. j. 
Port of Annapolis the last day of April in the eighth year of p - Ss ° 
the reigne of our Sovereign Lord King William the third &c. 
Annoq Domini 1696 and tlieir Continued until the i4 ,h day of 
May after being the fifth Sessions and by his Excellencys 
proclamation (bearing date the 4 th day of March past and was 
Prorogued until that day. 

Present 
His Excelleney Francis Nicholson Esq r Captain General 

Col George Robotham "] 

the honble Col° Nicholas Greenberry I 

Col Charles Hutchins | 

Col David Browne J 

His Excellency is pleased to go up attended with the Gen- 
tlemen of his Majestys honble Council to the Place where the 
State House is building the Clerk being Ordered upon a Mes- 
sage to the House of Burgesses to acquaint them with his 
Excellencys Pleasure that they are required to attend there 
likewise and see how they approve of the foundation of the 
said State House as now laid who Accordingly came up and 
view and measure the Length and Breadth thereof and thick- 
ness of the Walls and do well approve and finds the same to 
be according to Contract. 

Ordered that the Bricklayers give an Account in Writing 
under their hands what manner of a Soil the said foundation 
stands in and in what places they have drove down Stakes for 
making the Foundation firmer and that the said Account be 
entred as well in the Journall of the House as of this Board to 
remain upon Record to Posterity 

The members of the House of Burgesses having received 
directions to repair to their House take Leave Accordingly 
and go His Excellency signifying at their departure that some 
business should be sent them presently by the Clerk in rela- 
tion to the aforementioned State House 

Sent by the Clerk of this Board the several following Pro- 
posals in Order to be laid before the House of Delegates and 
Burgesses for their Consideration &c. 



286 Assembly Proceedings, April ip-May 14, 1696. 

Proposed that a Law or Ordinance of Assembly pass for 
the seperate Roomes to be made in the new State House for 
the several Offices viz' for the Provinciall Offices Land Offices 
Commissarys Office County Courts Office & Clk of the 
Councils Office and that a Bar be placed at the door of each 
Office within which no Person whatsoever shall Come save 
the Clerk & that no Clerk carry any Record Book or Publick 
Papers out of their respective Offices without sent for by his 
Excellency the Governor or Assembly 

That there be two or three Jury Rooms made and a Passage 
through the midst of the House so that on one side the said 
Rooms may lye & On the other side the Offices and at the 
end of the Passage will be the Entrance into the Porch 
Chamber by which means all the Rooms will be Private. 

That Dutch Stoves be sent for to be kept in the Offices 
that the Court House Table have several Boxes made in it for 
ready laying by or securing the Clerks and Lawyers papers 
that there be a Contrivance within the Bar for the Grand Jury 
to keep together in, a Seat made for the Cryer to sit Above 
the rest of the People an Outer Bar for the witnesses and a 
Step or two for the Witnesses to be seen above the rest and 
one or two Galleries 

That the Court House be paved at least six foot round that 
Good store of Oyster Shells be laid round the House espe- 
cially at the lower end where it is most sandy and that the 
Pavement Come upon that to be laid with a descent to Carry 
the water off every way that the said House be pailed in at the 
same distance the Porch bears from it that at some distance 
from thence several Posts be set up to Hang Horses on to 
Contrive a Pissduit and House of Office some where near 
the State House. 

That a Chimney be Carried up at the other end of the 
State House from the first Storey above &c. 

To have the back Porch as big as the Fore Porch. 

Quere how the Clerks can go up to their Offices in 
Assembly time without Going through the Place where the 
Assembly sits 

To have a Place built upon Pillars betwixt the State House 
with a Room above for the Council to sit in 

To be left upon Record what Parts of the Foundation of the 
State House are Piled what manner of Earth the said Founda- 
tion consists of and that the Acco* be Given by the Brick- 
layers 

Quere Whether or no a Pulpit and a Reading Desk cannot 
be now made for to serve in the said State House at Present 
and which may serve for the Church hereafter in the Church 
to be built 



Assembly Proceedings, April $o-May 14, 1696. 287 

That in the Chimneys that are to be made in the State u 11. 
House there be no manner of Wood placed About or nigh the 
same if Possible but that they be done with all the security 
Imaginable 

That the said House be Shingled upon Planks and not 
upon Laths 

Came M r Speaker the House being risen together with p- 8 s 2 
three of the members thereof who acquainted his Excellency 
that the House had received his Proposalls sent by the Clerk 
and that they had appointed a Committee of four of their 
members to Consider of the same and with all desired that 
two of his Majestys honble Council might be Joyned to them 
to advise and Assist therein the said Committee being 
appointed to sit by seven of the Clock the next morning 

His Excellency does say that two of the Councill shall be 
sent 

Friday May the I st 1696. 

The Council Again sate and were Present as Before with 
the addition of the honble James Frisby Esq r 

This Board being Informed from the House that the Com- 
mittee yesterday Appointed about the State House were to sit 
at M r Blackwells his Excellency is pleased to Appoint the 
honble Col Geo Robotham and Col° Charles Hutchins for to 
Join with the said Committee for their Assistance and Advice 
according to the request and Advice of the House giving 
directions for their adjournment from that Place to the Coun- 
cil Chamber who accordingly took leave & went 

They return together with the Committee appointed viz' 
Major Hammond Major Dorsey Mr Pollard and M r Jenkins 

His Excellency was pleased to ask them whether anything 
had been done as yet towards those Proposalls laid before 
them who answer that no Result has been made therein as yet. 

The said Proposalls were by Order read over and after some 
discourse upon the same had his Excellency does 

advise that they send for the Bricklayers and the Carpenters 
for to Consult them what Charge the work in the said Propo- 
salls Contained will Come to and thereupon the said Com- 
mittee took Leave and departed 

Came from the House of Burgesses Captain Tasker and 
Major Thompson who presented M r Francis Jenkins one of 
the Burgesses lately Chosen for Somerset County in Order to 
be sworn and the said Jenkins had administered unto him the 
Oaths Appointed by Act of Parliament to be taken instead of 
the Oaths of Allegiance and Supremacy & subscribed to the 
Test. 



288 Assembly Proceedings, April op-May 14, 1696. 

. 11. 1. Came from the House of Burgesses Major Thompson & 
M r Clark who signify the request of the House that his 
Excellency would be Pleased to send some of the Gentlemen 
of his Majestys honble Council with Power to swear a member 
of their House lately returned to serve for Talbot County and 
it is told them that some shall be sent 

p. 853 Several Proposalls being read over at the Board as likewise 
sundry letters and Papers by his Excellency received from 
his Excellency the Governor of New York since the last Ses- 
sions of Assembly in relation to the Giving further Assistance 
to that Government together with his Excellencys Answers to 
the said Letters 

Ordered that the honble Col° George Robotham Col Nicholas 
Greenberry Col Charles Hutchins and Col David Browne go 
down to the House with the aforementioned Proposalls Letters 
Papers and Answers and lay the same before them for their 
Consideration and that they signify how that his Excellency 
would have sent for the several members up to have discoursed 
them but that he is at present indisposed therefore has sent 
these Gentlemen to do the same who also have received 
Orders for to Swear the member returned for Talbot County 
pursuant to the request of the House. 

The honble Col° John Courts Came and was Added Ordered 
that the Clerk of this Board attend the said Gentlemen of the 
Council who Accordingly took Leave and went with the said 
proposalls and Papers &c which said Proposalls follow in these 
words viz" 

1 The Order of Council of the 17 th of August 1695 about 
seating the Indian Land stands referred by the House to the 
Consideration of this Assembly 

2 The Report of the Committee appointed to state the 
publick Revenue in May 1695 an d tne addressing his Majesty 
that the Quarter part of the same due from Governor Copleys 
Estate may be appropriated to the defraying the necessary 
Charge of this Province stands also referred as before 

3 Whether Skins and furs brought out of Pensylvania and 
Shipt here Ought not to pay the duty &c. which appears by 
the House referred to the Consideration of the Committee of 
Laws but no answer thereto 

4 To make a Proposition to have a Bridewell and to see 
if any Person will Undertake to build and Keep it that all idle 
and Vagrant Persons may be taken up and put to work there 
and the Party or Parties undertaking the said House to have 
a lease of it for so many years 

5 That a Law be made for the Justices of the County 
Courts to return yearly a Copy of their County Leavies to be 
signed by the several J ustices as also the Vestries to send a Copy 



Assembly Proceedings, April 7,0- May 14, 1696. 289 

of their whole Proceedings as by them kept to the Governor u. 11. j. 
and Council in Order to be Examined and so to be done 
yearly to be signed by all the Vestry men and Church Wardens 
first for fear of any Accident by Fire that recourse may be 
had to them here 2 dly That it maybe seen whether they keep P . S54 
their Account right and that after such Examination they be 
transmitted into the Court of Chancery thereto remain 

6. That an Explanatory Law be made how the Clerks of 
the Vestries and parishes shall be paid 

7. To have a Severe Law made against Persons that take 
up Wild Horses and keep them that persons meeting with 
waif and Stray Horses about any plantations be Obliged to 
take them up and Carry the same to the next Magistrate who 
(if the said Horses be taken upon the Western Shore) to send 
an Acco' thereof to the Port of Annapolis with the Colvin 
mark and size &c and if on the Eastern Shore to the Port 
of William Stadt and Encouragement to be Proposed to the 
Takers up. 

That a Clause be Added to the Act appointing Ferries that 
no led Horses be Ferried over Potomack River but such as 
shall have particular passes and that the Ferry men be Cau- 
tious how they sett over any Ordinary Person with a Good 
Horse. 

8 To Strengthen the Law for Regulating the Militia ac- 
cording to the former Proposall viz' in Given them more Power 

9 That a Law pass to Effect what his Excellencys proc- 
lamation touching Pennsylvania Trade bearing date the i7' h of 
August past and another proclamation prohibiting Seamen 
Travelling without Passes &c Bearing date the 25 th of January 
following has prescribed 

10 That an Act pass that no Testimonial! sent out of Eng- 
land whereby to Prove a Judicial Proceedings be taken for 
good and Authentick unless the same be signed and come out 
of the plantation Office 

1 1 That it be put to the Lawyers whether the Customary 
way of Issuing out Commissions in Chancery for Examining 
Witnesses in Perpetuam rei memoriam to prove the Antient 
Bounds of Lands within this Province ought to be taken and 
held for Legal Proof & whether many inconveniences may not 
Arise through admittance of such Proof 

12 That part of the Revenue taken by his Excellency Sir 
Edmond Andros when he assumed the Government here to be 
enquired into and examined by the House 

1 3 That a Law be made for Parents to bring their Children 
frequently to be Cathechized and that the Ministers call upon 
them according to the Proposall made in September Assembly 
Anno 1694. 



290 Assembly Proceedings, April 30-May 14, 1696. 

u. h.j. 14 That the Frontire Plantations be seated with three or 
four able hands as formerly proposed 
p . 8 55 15 That for regaining the Publick Credit of the Country 
his Excellency formerly in May Assembly does now again 
Propose that all Publick Levys and fees be made out and sent 
by such a Certain time of the year to the Sheriff and that there 
be appointed two three or more substantial Persons in every 
County who will undertake to bring all such Tobacco to two 
or three Certain places in the said County and they to be 
Continued to execute the Office of Sheriff for six or seven 
years together. 

16 That a law be made to ascertain all Lands taken up in 
the Province According to Proposall made also the said 
Assembly. 

17 That a Conditional Law be made about Runaway 
Servants and Debtors running out of this Province into Vir- 
ginia for taking such Runaways up and Liberty to sue &c. 
Provided a Reciprocall Law be made for the same in Virginia 
according to Proposalls in May Assembly also 

18 That new Ports be made as in the said Assembly was 
likewise proposed. 

19 That such Horses are Allowable by the Law to be 
killed instead thereof taken up and sold for the use of the 
Poor of the Parishes &c as then also proposed 

20 That there be a Person appointed to execute the Office 
of Muster Master or Agitant on each side the Bay who shall be 
Obliged to Muster and see Exercised the several Troops and 
Companies six times every year besides the General Muster 
and that two Pounds of Tobacco -p Poll be setled upon each 
of the said Officers as then likewise Proposed. 

21 That what money is Already received by the duty upon 
furs &c be laid out towards the Building a small School 
House and maintaining a School Master according to Pro- 
posall made to the House last Assembly 

22 That an Ordinance Pass for the Leavy to be laid by 
the Governor and Council and Justices of the Provincial Court 
in the fall 

23 That a Law be made that what Priests hereafter come 
into the Country be Obliged to produce their Orders in such 
a time and that they presume not to marry any Protestant to 
a Papist without receiving a Certificate from some minister of 
the Church of England of such Protestant being married by a 
Minister of the said Church first 

24 His Excellency finding that the Inhabitants of Somer- 
set County are still dissatisfied and cannot yet agree 
about Placing of the Court House within the said County does 
therefore propose that the said County be divided into two 



Assembly Proceedings, April y^-May 14, 1696. 291 

Counties viz' the sea board Side to make one County and the u. 11. j. 
Bay side the'other. 

25 That the Committee by a Resolve of this House p. 856 
appointed in May Assembly last to inspect the Account of the 

I s p hhd since the Revolution their Report be Examined and 
taken into Consideration according to the Reference of the 
House made last Sessions 

26 That Col° Herman be discoursed with whether the 
State House will be Covered before Winter and that he be 
Obliged to secure the same safely from the Winter before that 
time if he cannot finish the same 

27 Whereas it hath pleased Almighty God to prosper 
his Majestys Forces both by Land and Sea proposed that a 
day be Appointed to be set Aside for the same According to 
an Order of Council last March especially for the happy news 
of his Majestys Safe return being suspended until now for the 
more Solemn Performance thereof 

28 That a Clause be incerted in the Act for Towns that 
no Person coming to the Port of Annapolis be arrested within 
that Port unless his Stay shall Exceed Forty eight Hours and a 
Penalty be inflicted upon the Officer transgressing therein 

29 That some Priviledges be given to them that are or 
shall be inhabitants of the said Port and Town at present or 
shall come within two years hereafter & actually reside within 
the same for seven years together thence next ensuing 
shall themselves with their Posterity have and enjoy all Privi- 
ledges now to be Granted or which hereafter at any time shall 
be Granted forever and to find out some way or other to En- 
courage them it is proposed that no Inhabitant of the said 
Port be Liable to be arrested in any County of the Province 
or other place save within the Libertys of the said Town and 
Port 

That the Inhabitants of the Town pay no County Levy nor 
have to do with any County Roads Clearing but what are in 
or about the said Town 

That an Act pass Empowering the Towns People to pur- 
chase a Common and for the Commissioners of the said Town 
to make by laws with Power to fine any Persons inhabiting 
Committing breach thereof in such a sum to be Ascertained. 

To Assess the Conduit made at the Publick Charges 
That the Common be well Cleared with the Points of Land 
and the Place dividing the Common to be well ditched 

That an handsome Pair of Gates be made at the coming in 
of the Town and two Triangular Houses built for the Ranger 
to have the way from the Gates to go directly to the top of 
the Hill without the Town and to be ditched on each side and 
sett with quicksetts or some such thing 



292 Assembly Proceeditigs, April ip-May 14, 1696. 

u.h.j. That Part of the Land lying upon the Creek by Major 

Dorseys house where his Excellency at Present lives be set 

p- s 57 aside for Publick Builders and if in Case the same happen to 

come within any of the said Majors Lotts Proposed that Land 

be given him else where for it 

To have a market in Town once a week and a Market 
House built on which day nobody to be arrested in Town 
from nine of the Clock in the morning until nine a Clock the 
next day 

To have in the said Town two fairs every year and no 
Person coming thither to be arrested for one day before the 
said fair and one day after 

That some Order of Assembly be made about the Schools 
and Church 

To Confirm by a Law three or four Roads his Excellency 
has lately Caused to be made leading to this Town and that 
the Country be Obliged to keep them 

That forty Foot Space be left along the water Side within 
the Port of Annapolis for any Person to build Warehouses on 
if the Owners of such Lots as front upon the same do not 
build thereon in such a time to be set 

That the Holes made by Grubbing up Stumps and Cutting 
of Tops of the Stones &c in the said Port be filled up 

The Messengers sent with the aforementioned Proposalls 
and Papers return again to the Board and say they delivered 
the same and had Administred the Oaths appointed by Act 
of Parliament to be taken instead of the Oaths of Allegiance 
and Supremacy unto M r William Hemsley Burgess returned 
for Talbot County who also Subscribed to the Test 

Brought from the House of Burgesses by Captain Tasker 
Captain Hill M r Clerk and Major Thompson the following 
Message viz' 

By the House of Burgesses May the I st 1696 

To his Excellency the Governor in Councill &c. 

May it please your Excellency 

This House being met according to your Excellencys Pro- 
rogation are ready to receive what your Excellency has to 
Offer to us at Present that we may proceed to the dispatch of 
the Publick Concern of this Province 

Signed -p Order 
W Bladen Clk assembly 

The Messengers are told that severall Proposalls & Papers 
were before their Coming sent and laid before the House for 
their consideration 



Assembly Proceedings, April ^o-May 14, 1696. 293 

Brought from the House of Burgesses by Major Hammond u. 11. j. 
Major Dorsey M r Pollard and M r Jenkins the following Mes- 
sage and Report in relation to the State House viz' 

Maryland ss: p- 8 5 s 

At a Special Committee Appointed by the General 
Assembly of this Province for inspecting into the further addi- 
tion to the State House Met at the House of M r Thomas 
Blackwells this first day of May 1695 

Present 

Major John Hamond Chairman 

Major Edward Dorsey } 

M r Francis Jenkins V 

M r John Pollard J 

Samuel Watkins Appointed by said Com Clk 
The said Committee adjourned to treat with his Excellency 
Adjourned for an Hour 

Mett Again Present as before 

1 It is Reported by this Committee to the said House of 
Assembly that a method be taken for the Clerks to go up to 
their Offices without going through the House of Assembly. 

2 That a Law Pass or an Ordinance of Assembly be made 
for seperate Rooms to be built in the State House for the 
several Officers viz' for the Provincial Office Land Office 
Commissarys Office County Court Office and Clerk of the 
Councils Office and a Bar be placed at the Door of each 
Office within which no Person whatsoever shall come save the 
Clerk and that no Clerk presume under a Certain Penalty to 
Carry any Record Book or Publick Papers out of their respec- 
tive Offices without commanded by his Excellency the Gov- 
ernor or Assembly. 

3 That two Jury Rooms be made and a Passage through 
the middle of the House that the Offices be on one side and 
the Jury Rooms on the other side 

4 That at the end of the Passage be the Entrance into the 
Porch Chamber 

5 That a Bar be made for the Grand Jury to be kept 
together 

6 A Seat for the Cryer be made in some Convenient 
Place in the State House 

7. An Outward Bar for the Prisoners and a Step or two 
for the Witnesses to be made 

8. That a Chimney be Carried up at the other end of the 
State House from the first Storey &c. 



294 Assembly Proceedings, April Tp-May 14, 1696. 

. h. j. 9 The back Porch to be as big as the Fore Porch 

These things we find will be necessary and of use to this 
Province to be made in the new State House and not Com- 
prized in the Agreement with Col Herman 
p. S59 Also we further Report that we have discoursed Col° Her- 
man who demands for making the back Porch no' Sterling 
as for the other additional Conveniences Col Herman leave 
the same to the House to be Considered of and allowed for 
by the Country when finished 

Reported to the House of Assembly 

Sam 1 Watkins Clk Com 

By the House of Burgesses May the I st 1696 
The House upon Report of the Committee appointed to 
Consider of your Excellencys Proposall relating to the Addi- 
tional Conveniences to be made to the new Court House 
Signify to your Excellency that we are well Satisfied that the 
same are not Only well designed but really necessary and 
beneficial however the present Circumstances this Province 
now lyes under will not admit us to launch out money to 
carry on the same therefore this House desire Col" Herman 
may proceed According to former Agreement 

Signed -p Order 
W Bladen Clk Assembly 

His Excellency is pleased to say that he is sorry the. 
Country is so Poor as not to Comply with the aforesaid 
Proposalls 

Ordered that the Clerks belonging to the several Offices 
within this Port be not obstructed in the least from going to 
their respective Offices at all time and times so often as their 
Business shall require and call for their Attendance there not- 
withstanding the House of Burgesses sitting and that all Per- 
sons having Business with the said Clerks be permitted Like- 
wise to have recourse to the said Offices without which the 
People may be Prejudiced the Provincial Court now drawing 
on so nigh 

Saturday May the 2 d 1696 

lhe Council again Sate and were 

Present 

His Excellency Francis Nicholson Esq r Capt Gen 1 

( Col" George Robotham Col David Brown ~| 

the honble-| Col" Nicholas Greenberry Col° John Courts \ 

{ Col Charles Hutchins James FrisbyEsq r J 



Assembly Proceedings, April ^o-May 14, 1696. 295 

Sent by the Clerk of this Board from the Honble his Maj- u. h. . 
estys Council a message in relation to the Ships now in the 
Country drawn up as follows Viz 1 

By the Honble his Majestys Council in Assembly May 2 d 1696 P . 860 

It being moved at the Board that some Reasons might be 
Given upon a Proposall yesterday laid before the House 
touching the Ships now in the Country inductive to the 
addressing his Excellency for suffering the same to be Cleared 
do therefore offer the following Reasons to the Consideration 
of the House to the End if the House thinks them sufficient 
and proper they may joyn with them in the said Address 

Signed p order 
H Denton Clk Concil. 

The reasons follow in these words viz' 

1 That if the Ships get home his Majesty will get his 
Customs 

2 The Seamen may be Serviceable to his Majesty when 
got home 

3 The Worm may Endanger their Ships by staying in 
the Country besides Provisions are very scarce here 

4 That if the Ships should be stopt to go in a Fleet 
together there are but two Londoners of any Force and the 
rest lye Scattered in other Parts. 

5 It is Observed that Ships that summer here do usually 
stay till the next Spring by Reason of mens falling sick in the 
Country 

He Returns and says he delivered the same 
Brought from the House of Burgesses by their Clerk the 
following answer viz' 

By the House of Burgesses May 2 d 1696. 
Upon Perusall of the Message delivered to the House by the 
Clerk of the Council relating to the Ships in the Country we 
humbly desire the Opinion of the Honble Council if the said 
Ships shall be Stopt or cleared and thereupon we should either 
Concur therewith or offer such Reasons to the Contrary as 
we humbly conceive will be Satisfactory 

Signed p Order 
W Bladen Clk Assembly. 

The which being read was answered as follows 

By the honble his Majestys Council in Assembly May 2 d 
1696 



296 Assembly Proceedings, April ^o-May 14, 1696. 

u.h.j. This Board has Perused the message of your House by 
your Clerk sent touching the Ships &c and for answer return 
that they are of Opinion it will Conduce most to his Majestys 
Service that the Ships now in the Country be Cleared as they 
are got ready and for the Reasons already laid before the 
House which this Board takes to be good Reasons 

Signed -p Order 
Hen Denton Clk Concil. 

The said Message sent by the Clerk of this Board who re- 
turns and says that the House was Adjourned until Monday 
morning but that he delivered the same to the Speaker at his 
Lodgings 

May 4 ,h 1696 

P . 861 Brought from the House of Burgesses by Major Hammond 
and Major Dorsey the following answer to the above message 
sent them from this Board viz 1 

By the House of Burgesses May the 4 th 1696 
The House Concur with the Opinion of his Majestys honble 
Council that the Ships be Cleared 

Signed *p Order 
W Bladen Clk Assembly. 

The which being read as also the Proposalls made to the 
House for the same it is Considered that Hot weather now 
coming on and the time for the worms biting therefore his 
Excellency is pleased to demand of the Board whether it may 
not be most for his Majestys Service that what Ships can be 
got ready by the last of June may be Cleared as fast as they 
can be got ready or otherwise to be stopt till the Fleets 
arrival that such Ships as cannot be got ready by that time 
may run up into the Freshes to lye secure from the worm the 
which was well Approved of & an Order to the said Intent 
drawn up and issued as follows viz' 

By his Excellency the Gov r & Council May 4 th 1696. 
Upon Representation and by mature advice in Council & 
from the House of Burgesses received Ordered that what 
Ships are now in the Country be Cleared as fast as they can 
gett ready provided such ships can be ready to sail by the last 
of June next and that no Ships after the said last of June be 
Cleared to sail until further Order whereof the several 
Collectors and naval Officers within this Province are to take 
due notice and to Conform themselves thereto Accordingly 



Assembly Proceedings, April y^)-May 14, 1696. 297 

Captain Barbar Commander of a London Ship being in u.ii.j 
Town was sent for as also Several Masters and Merchants of 
Ships who accordingly came and it being proposed to the said 
Captain Barbar that Considering his Ship was a Ship of Force 
whether he would undertake to Convoy the Ships now in the 
Country which can be gott ready to sail to which after some 
small Liberty Granted he put in the following answer in 
writing viz" 

Maryland ss' 

In Answer to a Proposall by his Excellency the 
Governor & Council unto me made relating to the Convoying 
Ships (now in the Country for England this Comes humbly, 
to signify that I shall be most ready & Willing to do all the 
Service in me lyes towards the Convoying the said Ships and 
will undertake by the blessing of God to Conduct the same to 
within sixty Leagues of Ireland but dare not Presume so far 
as to hazard the Prejudicing of my Owners by Going to any P . 862 
other Part then the Particular Business wherein I am intrusted 
leads me to all which is humbly submitted to by 

Your Excellencys most humble Servants 
Steph" Barber 

The other Masters and Merchants after the several dis- 
courses and questions put to them withdrew awhile and then 
came and presented the following Paper viz' 

May it please your Excellency and your honourable Council 
That Considering our Provisions will fail the Worms harm 
our Ships and fearing our mens being sick in the summer time 
and that this Convoy Proposed will not Conduct us nigh our 
Port but leave us in our Greatest danger and several other 
inconveniences that will follow upon our being detained longer 
in the Country we humbly beg that it may please your 
Excellency & honble Council to Allow us the Liberty of Sail- 
ing when we are ready which is the humble request of 
Your Excellencys most humble Servants 

Thomas Thompson Joseph Younger 

Edw d Lamplugh Jerem. Lewis 

At a Council May 7" 1 1696 

Several other Masters and Merchants of Ships came also 
in Pursuance of a former Summons from this Board and pre- 
sented the following Petition viz' 

Maryland ss' 

To his Excellency Francis Nicholson Esq r Captain General 
& Governor in chief of the said Province <!\ic. 



298 Assembly Proceedings, April y^-May 14, 1696. 

u. 11. j. In answer to your Excellency's demands in Council relating 
to the Ships now in the Country we whose names are here- 
under written do in the first Place humbly request that such 
Ships as concern us being now in a forwardness to sail may 
be Cleared as soon as got ready and in Order thereto do pre- 
sume to Offer the following Reasons viz' 

1 Our Provisions falling short and finding at present 
Great Scarcity of such things in the Country will of necessity 
by staying force us to Great Charge & Extremity 

2 The time of year draws on for the Worms biting 
which by staying may hazard the loss of our ships 

3 We Greatly stand in fear of our mens falling sick as is 
Customary to strangers Summering in this Country 

4 If we should be delayed in our Voyages and our men 
sicken upon us our designs would be wholly frustrated there 
being no Seamen possible to be had here 

p. 863 That as to Captain Barbers Proposall of Convoying the 
Ships to within Sixty Leagues of Ireland will be no wise 
Serviceable to us considering we shall be then left in the 
Greatest danger besides most of us designs north about which 
is a Contrary way all which is submitted by 

Your Excellencys most Obedient & 
Humble Servants 

John Hamilton Lawrence Swarbreack 

Jos: Peacock Andrew Malpas 

Richard Hill Jun r John Rock 

Signed by Philip Haward for John Sanders John Loung 
John Ribton Mate on behalf of Tho s Monke Tho s Sutton 
Signed by Tho s Sutton for Robert Grason Philip Harwood 
Signed by Tho s Brane for Abraham Tuckett John Oliver 
Signed by John Watson for Christo Buskill Richard Chesheer 

M r Dent for Captain Henry Browne 

Signed by James Brown in the Behalf of M r John Lancaster 

The which being read and sundry London Merchants being 
present were asked if they had any thing to say in Objection 
thereto but they Objecting nothing It is Ordered this day in 
Council that the Ships whereof the said Petitioners are masters 
be Cleared upon the Proviso as in an Order of this Board of 
the 4 ,h of May Instant relating to Clearing Ships is Expressed. 

1 he Collectors and Naval Officers of Patuxent and Potomack 
Districts being present were asked if all the Masters &c have 
had notice who make answer that they all had notice but were 
not all come Ordered thereupon that no Masters of Ships now 



Assembly Proceedings, April $o-May 14, 1696. 299 

in the Country do or shall reap the Benefit of the aforesaid u. 11. j. 
Order unless they first appear before his Excellency the 
Governor at Annapolis to give some reasons and demonstrate 
their willingness to sail in Writing whereof the several Collect- 
ors & Naval Officers are to take due Notice and acquaint the 
the said Masters therewith Accordingly 

May the i2 ,h 1696 
Proposed that what ships are in the Country and Cannot 
get ready before last of June be permitted to sail as gott 
ready unless the Fleet comes in before that time who are then 
to stay for the Fleet 

May the 13 th 1696 
The said proposall came answered thus viz" 

Assented to by the House 

Whereupon was drawn up and issued the following Order P . S64 
viz' 

By his Excellency the Governor & Council &c 

May 13 th 1696. 
Upon Representation and Advice in Council & from the 
House of Burgesses received Ordered that what Ships are in 
the Country & cannot get ready before last of June be Per- 
mitted to Sail as gott ready unless the Fleet comes in before 
that time who are then to stay for the Fleet whereof the 
several Collectors and Naval Officers are to take due Notice 
and Conform themselves thereto Accordingly 

May 2' 1 1696 
Read over the following Proposalls and Papers to be laid 
before the House viz' 

Proposed that the House will Consult whether the 225 
Acres laid out at William Stadt for a Town and Common or 
200 Acres only Omitting the 25 Acres was intended to stand 

That all Fees be settled Viz' the Chancellors for sealing the 
Laws 

The Attorney and Sollicitor Generals fees 

The Collector and Naval Officers Fees Complaint being 
made that they take more then their due 

The Clerk of the Councils fees and the Fees to be taken by 
the Clerk to the Governor and Council for hearing Appeals & 
Writt of Error 

That the Burgesses allowance be also settled 



300 Assembly Proceedings, April ^o-May 14, 1696. 

u. 11. j. Quere Whether Provision and Corn be so scarce that it 
be thought necessary to hinder the Exportation thereof to 
Virginia least the Fleet expected into this Province should 
want the same. 

That there be an Address sent to his Majesty about the 
Congratulation and that a Letter be writ to the Arch Bishop 
and Bishop of London 

That a Law be made to Explain Beer Cyder and Wine 
Measure 

That a Law be made against Ordinary Keepers trusting of 
Labourers and Seamen too much and that some stint be put 
to the sum 

That a Law be made that the Inhabitants of the two Ports 
of Annapolis and William Stadt may be Exempt from the 
Penalty of the Act against Forestallers and Regraters and that 
the said Law may not reach them 

Read a Petition preferred by several Merchants relating to 
Trade &c James Fosters Petition touching keeping a Ferry 
between the Port and Kent Island 

Allen Robinets Petition for his Pay for keeping Severn 
ferry and two Letters by his Excellency received from Major 
Whittington of Somerset County 

George Williams Petition being all Ordered to be laid 
before the House for their consideration 
p. 36 5 The Appraisement of the several Boxes made for the 
Offices is likewise recommended to the House for Allow- 
ance 

Produced and read also a Return of Captain John Bayne 
M r William Hutchinson and M r Thomas Greenfield concern- 
ing the divisional Line run betwixt the divided counties pur- 
suant to the late Act was also referred as above and recom- 
mended that some difference happening thereabouts may be 
rectified 

Kent Island petition produced and Ordered to be sent 
down with the following endorsement viz' 

By his Excellency the Governor & Council &c 

May 2 d 1696. 

Upon reading the within Petition it was Ordered that the 
same be sent down but with this note that his Excellency will 
in no wise Assent to any Alteration contrary to the late Act 
and that whereas it is insisted upon that they are the most 
antient County it is Observed that the first People that 
Inhabited the same did not acknowledge themselves Belong- 
ing to this Province and therefore not the most antient 
< < unity 



Assembly Proceedings, April 30-May 14, 1696. 301 

John Edmunsens Letter to his Excellency touching Land u. 
laid out at William Stadt was referred and sent down to the 
House the 4 th of May Instant following 

Monday May 4 th 1696 
The Council Again Sate and were Present as on Saturday. 

Produced and read a return from Captain Bayne & M r John 
Bigger relating to the divided Counties on the Western Shore 
as also a Letter by his Excellency Received from M r Mason 
touching the same were by Order laid before the House for 
their consideration 

Brought from the House by Major Smithson M r Frisby 
Col Pierce & M r Sanders the following answer to the first 
Proposalls made to the House from this Board as follows viz' 

Touching the Indian Land seating is further referred to be 
Considered of on Monday morning 

Relating to the Addressing his Majesty about the Quarter 
Part of the Revenue taken by Governor Copley &c. 

This House are of Opinion that nothing is to be had of 
Governor Copleys Estate or if their were the same is already 
Given by his Sacred Majesty to the said Governor Copleys 
Children 

Touching Skins and Furrs brought out of Pensylvania &c 
the House are of Opinion that the Law is already sufficient 
that such Skins & furs pay the duty as other upon Expor- 
tation 

4 To have a Bridewell &c. p 
The House think such Bridewell or House of Correction 

very necessary and convenient but the present ill Circum- 
stances of this Province will not admit the Beginning or 
Carrying on of any more building then already Undertook 

5 That a Law be made for the County Justices and Ves- 
tries to make yearly Return of their proceedings &c 

Resolved that a Bill be prepared therefore 

6 How the Clerks of the Vestries and Parishes shall be 
paid 

Resolved the House will inspect the Act relating to the 
40 1 Tobacco p Poll 

7 To have a severe Law made against Persons taking up 
wild I Iorses 

Voted and Resolved that a Law be considered of to pre- 
vent the Great Abuses of Persons driving I Iorses in the 
woods as for Carrying Horses over Potomack out of this 
Province into Virginia there is an Act or Law of that Colony 
against it 

8 To Strengthen the militia Law &c. 



302 Assembly Proceedings, April Tp-May 14, 1696. 

'.11. j. Put to the Question and Resolved that there is sufficient 
Power already Given them 

9 For a Law to Confirm his Excellencys Proclamation 
touching Pennsylvania Trade & Seamen travelling without 
Passes. 

Voted that there is a Law already sufficiently providing 
against Persons travelling without Passes and this House are 
Induced to believe such strict Handling of Seamen will hinder 
and Obstruct our Navigation designs they being thereby 
Terrified from coming into the Province 

10 Touching Testimonials coming out of England 
Voted that the Laws of England and this Province have 

very well Provided for what shall be Authentick testimony 
and therefore the same is thought needless 

1 1 Relating to Commissions in Chancery issuing for 
Examining Witnesses 

Thought that no Inconvenience can arise thereby for if 
that the Witnesses be alive their Testimony may he had viva 
voce 

1 2 That Part of the Revenue taken by Sir Edm d Andros 
be inquired into &c. 

Resolved that his Majesty be addressed therein 
P . S67 13 Touching Cathechizing Children 

Voted that the Ministers frequently Admonish the Chil- 
drens Parents on their several Parishes which are of their 
community that they send them to be Cathechized 

14 That the Frontier Plantations be seated 

Resolved that this Province is not in any Capacity to do 
the same 

15 For regaining the Publick Credit of this Province 
Voted and Resolved that a Law be considered of for 

redressing the same 

16 That a Law be made for Ascertaining the Bounds of 
Lands 

Voted that a Law for quieting Possessions be considered of 

1 7 Touching the Conditional Law Proposed about Run- 
aways &c. 

If Virginia will make such Law this House is willing to do 
the same 

18 That more Ports be made 

Voted that no more Ports be made until our Act for 
Advancem' of Coins be passed according to former Vote of 
this House 

19 Touching Wild Horses allowable to be Killed &c 
Resolved that there is a Law of this Province relating to 

Horses which is thought very sufficient 

20 Relating to a muster master General on each side the 
Bay 



Assembly Proceedings, April i>o-May 14, 1696. 303 

Voted and Resolved that this Province is not in any Capa- u. H. ]. 
city to Comply with the Proposalls or settle any such Fee 
upon such Muster Master or Agitant being already far 
Ingaged in vast Sums of money and Tobacco 

21 Proposall relating to Money received upon furrs 
Voted and Resolved that the said Money be kept in Bank 

22 Proposall about laying the Leavy 

Voted according to Proposall if the Levy shall be so laid & 
Rejected nemine Contradicente 

23 Proposall about Marriages by Romish Priests 
Resolved that the Laws have Sufficiently Provided there- 
fore 

24 About the Division of Somerset County 

The house are since informed that the said Inhabitants are 
Agreed and Built their Court House and that they desire no 
such Division 

25 Relating to the Committees Report touching the 
account of the I s p hhd 

Resolved that the said Report be laid before the House 

26 To discourse Col Herman whether the State House 
will be Covered before the Winter &c. 

Referred till Col° Herman appear in the House and in Case 
he does not take Care to do the same Ordered the Overseers 
of the Publick Work take Care to see the same secured 

27 Proposall for a Thanksgiving day for the Prosperous ,,. ses 
Success of his Majestys Arms 

This house humbly desire his Excellency will appoint a day 
therefore 

Ordered that proclamation issue out accordingly and 
Thursday next be set Aside to be duly Observed and kept by 
all Persons residing in this Port & that day month after by 
the rest of the Counties within this province 

Hen Denton Clk Concil. 

Severall Proposalls relating to the Encouraging and 
Advancing the Port of Annapolis 

This House are of Opinion that if his Excellency please to 
Grant a Charter unto the Port of Annapolis he may thereby 
Grant unto the Inhabitants thereof all reasonable Priviledges 
and Immunities as to his Excellency shall seem fit as to the 
Assessing the Conduit at the Publick Charge this House 
think the Charge thereof so Inconsiderable that if the Inhabi- 
tants of this port have a mind to have such Conduit built they 
may easily contribute and provide for the same 

As to the Land to be set Aside for the public Builders this 
House Concurs with his Excellencys proposalls and are will- 
ing that Major Dorsey if any the said Land falls within his 



304 Assembly Proceedings, April -xp-May 14, 1696. 

. 11. j. Lots may have other Land therefore in some part of the 
Town. 

Signed p Order 
W Bladen Clk Assembly 

Brought from the House of Burgesses by Captain Tasker 
and several other members the following Message Viz' 

By the House of Burgesses May the 4 ,h 1696. 

This House does highly resent and are much Agrieved to 
see their Priviledges so unexpectedly intrenched upon by the 
honble his Majestys Council as appears by a late Paper affixed 
to the door of the House of Assembly at a publick meeting 
upon the Sabbath day in which they endeavour to debar 
them of that right which is due to the meanest and Inferior 
Court of this Province to wit Privacy and uninterruption 
and more especially since this House Considering the 
present Inconveniences have never debarred the Clerks from 
their Office further then in Prudence and our duty to his Maj- 
estys Service required and therefore humbly desire the said 
Paper in which our rights and Priviledges are so trampled 
upon may not remain upon the Journal of the honble Council 
for as we shall endeavour to the whole World to Give an 
ample Testimony of our Duty and Affection to his Excellency 
and the honble Council so likewise to preserve the rights and 
p. 869 Priviledges we are Intrusted with as Representatives of his 
Majestys Loyal and dutiful Subjects of this Province 

Signed *p Order 
W Bladen Clk Assembly 

Ordered that an Answer to the same be drawn up to be 
sent which was done as follows viz' 

By his Excellency the Governor and Council &c 

May the 4 th 1696 

The Message by Captain Tasker and several other of the 
House Assembly sent has been here read and Considered in 
answer whereto his Excellency is pleased to declare that by 
the Order of Council of the first of May Instant relating to the 
Clerks and other Persons having Recourse to the Offices &c 
it was not intended that the Priviledges of the House should 
be any ways Encroached upon neither does this Board take it 
to be any Breach at all but on the Contrary do hold it to be 
a Breach of Magna Charta and of the Liberties of the People 
that the Kings Offices should be shut up especially Consider- 



Assembly Proceedings, April ^o-May 14, 1696. 305 

ing recourse might be had to the same without going through u. h. 
the Place where the House sits and it is recommended by the 
Board to the House that they would peruse the several Copies 
of the Counties Levies herewith sent in Order to make en- 
quiries and Examine whether the several Articles therein 
Charged & allowed are not against the Priviledges of the 
People and known Laws of this Province Talbott county Levy 
being not yet returned shall be laid also before the House 
when received as to the Houses taken notice that the said 
Order was affixed to the Door of their House and on the Sab- 
bath day it is Observed to them it was Affixed to the Church 
door that all persons might have publick notice thereof and if 
the said Order was not taken down last night the fault lyes in 
the negligence of some of their Officers 

His Excellency is pleased in particular to Represent that he 
is sorry to find that the country is so far engaged and Burth- 
ened Insomuch that the House cannot conveniently meet so 
often to dispatch the necessary Business impendent upon them 
by Reason of the Great charge thereby Accruing does there- 
fore propose that they would make a Law that either two 
Delegates might only be chose to be sent out of each county 
to serve or that some Ordinance or Law might pass for the 
House. to appoint two members at a time to come out of each 
County to dispatch the countrys Business whereby the Levies 
will be Eased and the country not Groan under that Burthen 
for that it is not known how soon the Assembly may again 
meet by Reason his majesteys Royal commands are not yet 
come to Hand and it is further represented that the Colony of p- 8 7° 
Virginia which has nigh double the Tithables of this Province 
have but about the same number of Burgesses 

p Order 

H Denton Clk Concil. 

May the 5"' 1696. 
The Council again Sate and were Present as yesterday 

The aforegoing Message being fair writ out was sent to the 
House by Col° Robotham Col° Greenbcrry and Col Courts 

Brought from the House of Burgesses by Major Hammond 
and several other members the following answer to the afore- 
going message viz' 

By the House of Burgesses May the 5' 1 ' 1696. 

Upon Perusall of that part of the message by the honble 
Council this day brought to the House in answer to our mes- 
sage yesterday sent to your Board in relation to the Order 



306 Assembly Proceedings, April ^o-May 14, 1696. 

u. h. j. of Council Affixed at the door of the House of Assembly we 
find the same no ways Satisfactory to our desire in our said 
message viz' that the said Order may not stand on the Jour- 
nall of the honble Council therefore humbly presume to press 
the same again to your Excellency and his Majestys honble 
Council that it may be taken off otherwise this House will ad- 
journ to some other place and proceed to no other Business 
until such time as we shall receive Satisfactory Answer thereto 
as to the other part of your message we shall in some Conve- 
nient time return an Answer Signed by Order 

W Bladen Clk Assembly 

Ordered that an Answer be drawn up to the same which 
was done as follows viz' 

By his Excellency the Governor and Council &c. 

May the 5 th 1696 

The Message by Major Hammond and several other of the 
Houses members was received and these two questions are 
asked viz' whether all the members of the House were present 
at that Vote passing and whether the same passed Nemine 
Contradicente (neither of which appearing upon Paper) and 
then some further Answer shall be Given therein which we 
hope in God will be Satisfactory 

Signed by Order 
Hen Denton Clk Council. 

The said Answer was sent by Col Hutchins and Col° 
Browne 

Dinah Nutheads Petition for License to Print was read and 
referred to the House that if they have nothing to Object her 
Paper might be Granted provided she give security for the 
same 
P . 871 Produced at the Board a Letter by his Excellency received 
from the Honourable Thomas Neal Esq r together with an 
answer to the said Letter of the io' h of March past wherein 
were contained some matters relating to the Act of Coins 

Ordered that the same be sent down to the House for their 
perusall which were Accordingly sent by the aforesaid Col 
Hutchins and Col Browne together with a Letter of news 
from Boston 

They return and say they delivered the same Brought 
from the House of Burgesses by M r Jenkins and several other 
members of the House the following paper in answer to the 
Message last sent them from the Board viz' 



Assembly Proceedings, April -xp-May 14, 1696. 307 
By the House of Burgesses May the 5 th 1696 

The House do wonder and are much Agrieved at the Un- 
parlimentary proceedings and continuance of the Breach of 
our priviledges by his Majestys honble Council that instead of 
Affording us the reasonable Satisfaction by the House desired 
your Board should further proceed to infringe our Priviledges 
by requiring to know what members were present or Absent 
when this House resolved upon sending the Message this day 
by Major Hammond and other members of this House yet for 
Satisfaction of the Honble Board we acquaint you the same 
was Resolved Nemine Contradicente therefore once more 
humbly desire some Satisfactory answer to our former mes- 
sage upon which we shall proceed to such Business as his 
Excellency shall Propose for his Majestys Service and the Wel- 
fare of this Province 

Signed *p Order 

W Bladen Clk assembly 

His Excellency is pleased to ask the Opinion of the Board 
what ans r is to be Given which being debated for some time 
it was Resolved that for an Expedient in this matter the 
Assembly be Prorogued till to morrow morning and his Excel- 
lency accordingly Ordered the honble Col° George Robotham 
and James Frisby Esq' to go down to the House and Acquaint 
the Speaker that his Excellency does require him together 
with all the members of the House to attend at the Council 
Chamber immediately 

They return and say that they delivered the Message and 
M r Speaker with the rest of the House will Attend accordingly 

M r Speaker with the rest of the House members came up , 

His Excellency is pleased to Acquaint them that he is Sorry 
to find that he has that Occasion as to send for them at this 
time about the contesting such a point with his Majestys 
honble Council so Long whereby his Majestys & the Countrys 
Business is in the Interim delayed and the Country put to a 
vast charge and Expense without any thing done and finding 
the contest is Gone so far and that the House is not inclinable 
in the Least to Give way his Excellency therefore is pleased 
to tell them that he has found an Expedient betwixt both which 
will put an End to that difference provided they will for the 
future come with a Sincere true and hearty Affection to pro- 
mote and carry on the Service of God of his Majesty and of 
the Country without which was signified a dissolution must 
necessarily follow and the better to incite the House to the 
Observance of those three heads his Excellency is pleased to 
present to M r Speaker for the Perusall of the House a Sermon 



308 Assembly Proceedings, April ^o-May 14, 1696. 

. 11. J. preached by the present Arch Bishop of Canterbury of doing 
good to Posterity and then told them that he Prorogued them 
until the sixth Instant and the same stands Accordingly Pro- 
rogued. 

At a Council in Assembly according to the above Proroga- 
tion Met and held at the Port of Annapolis the sixth day 
of May 1696 and In the eighth year of his Majestys Reign &c 

Present 

His Excellency Francis Nicholson Esq r Capt General &c 

Col° George Robotham Col John Addison ] 

the honble Col Nicholas Greenberry Col John Courts ! 

Col Charles Hutchins Thomas Brookes Esq r | 

Col° David Browne James Frisby Esq r J 

Came from the House of Burgesses M r Philip Clarke and 
five other members who say they are sent from the House to 
acquaint his Excellency that they are met pursuant to the 
Prorogation yesterday and desires to know if his Excellency 
has any Business to impart to the House. 

They are told some Messages shall be sent presently. 

His Excellency is pleased to Order Col Addison and M r 
Brook to go down to the House and Command their Attend- 
ance at this Board 

The Honourable James Frisby Esq r upon his motion and 
request made to this Board Obtained leave to go home his 
Lady drawing near her time 

The Gentlemen upon the message sent return and say the 
House will Attend Immediately 

M' Speaker with the rest of the Houses members return up 
his Excellency was pleased in a short speech to tell them that 
he hopes all differences & by past disputes will now be now 
laid aside and that they will cordially proceed upon what 
Business shall be Offered to them principally taking Notice 
that the chief Outcry is the Poverty of the Country and of the 
great Burthen the Poorer sort undergo through means of the 
vast Levies Yearly Accruing for the defraying the necessary 
Charge of the Province to Ease therefore that Burthen and 
< harge his Excellency is pleased to propose these two things 
viz' by Laying an Imposition of 10 s *p head upon negroes im- 
ported and by Continuing of the 3 s -p hhd duty upon all 
Tobacco Exported 

In the next Place his Excellency is pleased to Recommend 
that they would Reassume what Business had been proposed 
& < Mfcred to the House before hoping they would make some 
fair end of all those matters which when finished they are Given 



Assembly Proceedings, April $o-May 14, 1696. 309 

to understand would be all should be laid before them this u. h. j. 
Sessions 

Then his Excellency was pleased to read two Letters by 
him rece'd from Sir Thomas Lawrence Baronet Secretary of 
this province wherein he has Given an Account how the 
severall matters sent for England relateing to the Good and 
Welfare of this Province are Carried on and transacted there 
all which was recommended to the House for their pursuing 
with Earnestness those good intentions they had so well begun 
and with that M r Speaker with the rest of the members took 
Leave and returned to the House 

Some short time after was brought from the House a paper 
of Resolves upon several Proposalls from this Board which 
were read as follows Viz' 

Proposed that the House will consider whether the 225 
Acres laid out at William Stadt for a Town and Common 
or 200 Acres only Omitting the 25 Acres was intended to 
stand 

Resolved the Intent of this House was 200 as p our 
Journall 

2 That all Fees be setled viz' the Chancellors for Sealing 
the Laws &c Already provided for by an Act of the 
Province 

2 The Attorney and Sollicitor Generals Fees already 
Setled 

4. The Collector and Naval Officers Complaint being 
made that they take more then their dues the fees are already 
setled 

5 The Clerk of the Councils fees &c. 

Ordered M r Denton produce a Schedule of such fees 

6 The Burgesses allowance 
The Law has already Provided 

7 About Provision and Corn 

1 lis Excellency if he pleases is desired to issue his Procla- p 874 
mation against Exportation of Corn 

8 That there be an Address sent to his Majesty about the 
Congratulation & that Letters be writ to the Arch Bishop and 
Bishop of London 

Resolved that such Address be sent to his Majesty and 
Letters writ According to the Proposall 

9 That a Law be made to explain Beer Cyder and Wine 
measure 

Resolved that Beer be sold according to Winchester 
measure Cyder at Wine Measure 

10 That a Law be made against Ordinary Keepers trust- 
ing of Labourers and Seamen too much 



310 Assembly Proceedings, April $o-May 14, 1696. 

h.j. The Laws have already Provided 

1 1 That a Law be made that the Inhabitants of the Ports 
of Annapolis & William Stadt may be Exempt from the Pen- 
alty of the Act against Forestalled and Regraters and that the 
said Law may not reach them 

If his Excellency thinks fit to Grant them such Priviledges 
this House Assents thereto 

John Edmonsens Letter writ 

M r Nicholas Lows motion referred to a full House 

W Bladen Clk Assembly 

May the 6 th 1696: 

The aforegoing Resolves being read were Assented to by 
his Excellency and the honble his Majestys Council save the 
Resolve upon the Query about Provision & Corn &c being 
not fully Answered and therefore Ordered that the said 
Queries be put again with this condition to know whether it 
be convenient that Pork be at this Juncture Exported for 
Virginia 

Hen Denton Clk Concil. 

May the 4 th 1696 

Read the following minute taken in Council March last 
Viz 1 

His Excellency having sent for the Justices of the Provin- 
cial Court & Lawyers thereto belonging to know of them and 
advise what way and method would be best for to bring the 
Business of all Actions &c there brought to be finished within 
the Circle or Compass of a Twelve month to the end a quick 
and speedy dispatch may be Given to all process and pro- 
ceedings there brought especially Writts of Error Demurrers 
and Appeals to be done at the least charge and Trouble to 
the country and most Ease to the Justices and Lawyers 
who accordingly appear & the same being Stated unto them 
his Excellency Recommends that they Consult and consider 
upon the same against the next Assembly to the End a Law 
may then pass (if Occasion) for the regulating those matters 
p. 875 and likewise then make Answer in what nature Appeals 
ought to be brought viz' whether the whole matter of fact 
upon such Appeal should be tryed anew or not 

Ordered that the same be laid before the House for their 
consideration & for a Law to pass if thought necessary as also 
that the House prepare a Law for the better ascertaining how 
the Sheriffes and Surveyors shall summon Juries upon Resur- 
veys ol Lands <S:c when the Bounds or Title are called in 
question the same was laid before the house accordingly 



Assembly Proceedings, April ip-May 14, 1696. 311 

Friday May the 8 th 1696 u. H. j. 

The Council again Sate and were Present as on Wednes- 
day except Esq r Frisby 

Drawn up pursuant to Order the following message of the 
sixth Instant to be laid before the House viz' 

By his Excellency the Governor and Council &c 

Upon reading the Resolves of the House received the sixth 
Instant upon several Proposalls made to them from this Board 
a Quere therein put relating to Provision and Corn &c being 
not fully Answered it was proposed that the said Quere be 
again Considered and to return answer whether it be conve- 
nient that Pork at this Juncture be Exported for Virginia 

That the several other proposalls now lying before the 
House be also Reassumed as by his Excellency to the whole 
House was on the sixth Instant directed and to the end Busi- 
ness may be carried on with the more quick dispatch by 
Obviating some Objections which by the House may be put 
therefore several Queries and Remarks are upon sundry of 
the said proposalls thought fit to be made as follows viz 1 

Upon the 2 d Proposall it being reported that the Quarter 
part of the Revenue in Governor Copleys time was by his 
Majesty bestowed upon the said Governor Copleys Children 
Quere where the Certainty of that Appears 

3 Prop If Skins and Furs brought out of Pennsylvania 
and Shipt here ought to Pay the duty proposed that some 
order Pass to Enforce such Persons as brought Skins and furs 
out of Pennsylvania last year & shipt here may pay the said 
duty accordingly 

4 That such Person or Persons as will undertake to build 
a Bridewell at their own Cost and Charge may have the 
Benefit &c as in the said Proposall mentioned 

7 Proposall observed that tho there be a Law in Virginia 
relating to Carrying Horses over Potomack it does not Effect 
this Government 

9 Proposall touching Pennsylvania Trade and Seamen p. s 7 6 
travelling without Passes &c being both matters of Great 
moment for his Majestys service during time of War the said 
proposall is therefore more particularly urged and recom- 
mended 

10 Pro Touching Testimonials sent out of England &c it 
is observed that no Law of England or of this province has 
provided about the same and therefore such matters coming 
proved under a notary Publicks hand ought not to be 
admitted for good proof considering how frequently the very 
Commissioners of the Customs hands and Seals and the 



312 Assembly Proceedings, April ^o-May 14, T696. 

u. u.j. Broad Seal of England it self have been counterfeited for 
which reasons it is the more Strongly urged and Recom- 
mended 

11 It is Observed that men of three or four score years of 
Age have been known to be sent for as far as Yorkshire up 
to London for to Give their Evidence in matters Relating to 
Titles of Land therefore the Lawyers Opinion about the said 
proposall is recommended to be first had before any Result 
made thereon 

17 Pro: Touching Runaways &c that either a Law or 
some proposall pass to be sent to Virginia to Effect the same 

22 Pro: About Laying the Levy &c it is not intended 
thereby that Power be Given for Granting Allowances at that 
time for any matter or thing being only to Apportion what 
shall before hand be allowed otherwise the same must be 
done by the whole House and will not henceforward be per- 
mitted to be left to the management of a Private Committee 

23 Pro: It is observed that no Law has provided for what 
is proposed therein besides a Tolleration of such Liberty (as 
customarily taken by Priests may prove a discouragement to 
my Lord Bishop of London from sending ministers in, there- 
fore is particularly Recommended 

24 Pro: It is observed several complaints have been made 
about the Removal of that Court House therefore Recom- 
mended that the Burgesses of the Lower House of the said 
County be consulted and that Division of the same be pro- 
ceeded upon pursuant to the said proposall 

Col° Sayers Bond for Building a Court House in Kent &c 
is referred to the Consideration of the House 

Dorchester County Petition touching the repeal of an Act 
prayed for against Striking of Fish be Recommended as above 

To know what shall be done with the Bills taken for the Im- 
position Duty upon furs it being proposed that they may be 
sent for England to be Received by some Friend there who 
will take nothing for the doing of it and that the money 
Received be kept in Bank for the Countrys use. Major 
p. 877 Kings account for the said duty is sent down among other 
Papers Referred for the Perusal! of the House 

Upon reading a return here produced relating to a Burgess 
lately chose to serve for the County of Talbot it is Observed 
that not Above 22 or 23 Persons have signed to the said In- 
denture and upon Inquiry made of the Sheriff of the said 
County he does say there were not above forty people at the 
said Election notwithstanding the Largeness of that County 
which by this Board is thought prejudicial and a Grievance to 
the Country proposed therefore that for the Prevention of like 
future elections that a Law be made to Oblige all persons that 



Assembly Proceedings, April 2>o-May 14, 1696. 313 

can legally vote at Elections either actually to Appear in Per- u. 
son or send their names sealed up in Writing to be sent to 
the Sheriff by him to be broke open at the Election 

That M r Couey be desired to Print his Sermon preached 
yesterday 

That the Treasurers be Obliged to Give security Proposed 
that the House would Ascertain how many Gallons a Madera 
pipe shall be reckoned at 

The said Proposalls were all fair writ out and sent by Colonel ' 
Addison and Col° Courts together with the aforementioned 
Indenture and other Papers 

Brought from the House of Burgesses by Major Dorsey M r 
Smith and Major Thompson the following message in relation 
to New York Business which was read as follows viz" 



By the House of Burgesses May the 8 ,h 1696. 

Several Letters from his Excellency our Governor to his 
Excellency Col Benjamin Fletcher his Majestys Governor of 
New York and also several Letters from his Excellency the 
said Governor of New York to his Excellency Requiring a 
further supply from this Province for the Assistance of New 
York being read the House taking into consideration this 
Prov s had addressed his Majesty to be relieved from that 
Burthen to which Address his Majestys Gracious pleasure is 
not yet signified and also Reflecting that ourselves are under 
the same and no Greater Obligation than our neighbouring 
Colony of Virginia who have not as yet advanced any thing 
although we have advanced the sum of ^333»6..8 nor has the 
said Governor of New York taken any care to make the 
absolute necessity of such Assistance required apparent to this 
House and Considering the present ill circumstances of this 
Province by the great mortality of Cattle Scarceness of Pro- 
visions great and Vast debts this Province is Engaged in and 
also the misfortune of the Fleet expected from England not 
being yet arrived render us uncapable of Affording such Assist- p . 87S 
ance thereupon put the Question if any further supply shall 
be sent from this province to the assistance of New York. 

Resolved nemine contradicente no further supply be Granted 
from this Province for Assistance of New York nor any further 
answer Given to that Government as to that matter until his 
Majestys Pleasure shall be signified therein 

Signed p Order 
W Bladen Clk Assembly. 



314 Assembly Proceedings, April ^o-May 14, 1696. 

u. 11. j. May the 4 th 1696. 

Assented to by his Majestys Honourable Council 

Henry Denton Clk Concil. 

The honble Col John Courts and Thomas Brook Esq r Rep- 
resenting that the Ships in their Parts being very forward to 
sail and having urgent Business which necessarily require their 
attendance upon those matters they are concerned with in 
shipping therefore humbly desire leave of the Board for some 
short time to retire home to look after the same which was 
accordingly Granted and time given till Thursday next to 
return 

Saturday May the 9 th 1696. 

The Council again Sate and were Present His Excellency 
Francis Nicholson Esq r Captain General 

Col° George Robotham 1 Col David Brown 

Col° Nicholas Greenberry V 

Col Charles Hutchins J Col John Addison 

Upon a return of the Sheriff of Calvert County of an In- 
denture for Election of a Burgess there bearing date 7 th of 
May Instant being read it is Ordered to be returned to the 
House of Burgesses on Monday next with this remark that it 
is thought morally Impossible that the whole County should 
have notice of the Election in so short a time 



Monday May the 11 th 1696 

Produced and read a Letter by his Excellency Received 
from his Excellency Col Benjamin Fletcher Governor of New 
York bearing date 30 th of April last together with an Acco' of 
money remitted from the Colony of Virginia and this Province 
for the defence of that Government and the printed Votes of 
the Representative Body of that Province Read also a return 
relating to the Division of Kent County 

Ordered that the said Letters and Papers be sent down to 
the House of Burgesses for their Consideration and Perusall 
the which the honble Col David Browne and Col° John 
Addison carried to the House accordingly 

They Return and say they delivered the said Letter and 
Papers 

posed that M r John Perry be Continued in the Post 
Office for this next year ensuing for like Salary as last year 
this Board being of Opinion that the same is and will be of less 



Assembly Proceedings, April ip-May 14, 1696. 315 

Charge to the Country then by Employing Special messingers u. 
every time there is Occasion to send to New York or Virginia 

The said Proposalls were sent by M r Perry himself 

Came from the House of Burgesses M r Boothby Captain 
Dent and Major Thompson who brought a certain Represen- 
tation and Paper of Proposalls drawn up by the House in 
relation to Surplusage Land within this province &c in Order 
to be laid before the right Honourable Charles Lord Baron of 
Baltimore Lord and Proprietary of this Province for his Assent 
thereto 

The Messengers signify that they are Given in Charge to 
desire that the said Paper after Perusall and Approbation may 
be Expedited back as also that a Return of an Indenture for 
the Election of a Burgess in Calvert County may be sent in 
Order to be laid before the Committee of Elections &c as like- 
wise any other matter now lying before the Board 

The Representations and Proposalls aforementioned being 
read were well approved of by the Gentlemen of his Majestys 
honble Council His Excellency is pleased to Remark thereon 
that if his Lordship does Agree to the same it will be of good 
Use to the Country and that the House will Afterwards con- 
sider of further ascertaining their Lands by a Law to be made 
for Processioning they will thereby for ever make their Titles 
Certain 

Brought from the House of Burgesses by Major Hammond 
M r Hanson M r Ferry and two other members these following 
Bills & Resolves as also a Certain request of the House 
touching Indians viz' 

A Bill against Driving Horses in the Woods read and 
Passed first time without Alteration 

A Bill for Speedy Justice and Encouragement of Trade &c 
Read first time and passed without Alteration 

A Bill Appointing the Justices of the Counties and Vestries 
to return their proceedings to the Governor &c read first time 
and Passed without alteration 

The Resolves upon the Proposalls are as follows viz' 

May the 9 th 1696 p 

Severall Proposalls from his Excellency to the House of 
Burgesses debated and Resolved upon as followeth 

As to the State House 
That their be no Chimney in it 

That Col° Harman build a back Porch to be allowed for 
when finished 

That a letter be writ to Esq' Neal 



31 6 Assembly Proceedings, April 30- May 14, 1696. 

In relation to Exportation of Pork and Corn 

That corn only be prohibited to be Exported 

What to be done with the bills taken for the Imposition on furs 
they are to be delivered to the Treasurers who are to send 
them home this Shipping and take Care to have them received 
and securely Lodged for the end they are designed 

The Quarter part of the Revenue due from Governor Cop- 
leys Estate 

An Address to be sent to his Majesty 

Relating to Skins and furs exported 

That the Law is sufficient and will Oblige those that have 
Exported any to pay the duty 

As to the Proposall relating to Bridewell 
The House Assents thereto 

Suspected Persons Carrying good Horses over Potomack 
The Law has already provided 

Runaways &c to Virginia 

Resolved Proposalls be made to that Colony for Remedy 
thereof 

Pennsylvania Trade and Seamen Travelling without Passes 

The Several Magistrates are to see his Excellencys Procla- 
mation duly Performed 

Testimonials to come out of the Plantation Office 

The Law has already provided therefore 

Laying the publick Leavy 

Resolved that if the Assembly do not do the same they will 
Provide therefore 

As to Priests marrying Protestants to Papists 

Resolved that the Romish Priests Complying with the Laws 

of this Province be Tollerated to Marry persons applying 

themselves to them therefore 

Relating to the Election of Burgesses 

That the Law has sufficiently provided therefore 

Resolved M r Couey be desired to print his Sermon 

M r Workman 

A Short Bill to be prepared to Confirm the fee Simple of 
Land in the port of Annapolis to M r Workman whereon he 
intends to build an House which he is willing to devise to the 
use of a free School 



Assembly Proccedi>igs, April 30- .My 14, 1696. 317 

Appeals from the Commissary to the Governor and Council u. 
The Laws have already sufficiently provided 

Roads to be Marked Cleared and Widened 
That their is a Law appointing Overseers of the High ways 
sufficiently providing therefore 

That the publick Roads be cleared 
Assented to by the House 

A Church to be built in the Port of Annapolis and that the 
Country would forward the same 

Referred to the next Sessions of Assembly for further con- 
sideration 

The Passing the two Bills for the 10 s Additional Impost on 
Negroes and a Bill for Continuing the Additional Duty of 3' 1 
•p hhd 

Put to the Question and Resolved nemine Contradicente 
that Bills be prepared therefore 

What shall a Pipe of madera Wine be said to Hold 
Carried by Majority of Voices 100 Gallons 

Publick and county Ferrymen 

To keep Ordinary without Paying for License 

Naval Officers to swear to their Accounts before his Excel- 
lency and the publick Treasurers to give Bond for their Offices 
The Publick Treasurers to pay his Excellency with ready 
money in their hands and take his Receipt in part of what is 
due to him from the Country 

Signed -p Order 
W Bladen Clk Assembly 

May the 1 i ,h 1696 

Assented to by his Majcstys honble Council 

Henry Denton Clk Council 

Brought also by the aforesaid Messengers a Petition pre- 
ferred by M r James Smith high Sheriff of Talbot county for 
several Reasons praying to be continued in the saicl Office of 
Sheriff which said Petition Came indorsed from the House as 
follows viz' 



31 8 Assembly Proceedings, April ip-May 14, 1696. 

The House desires his Excellency will be pleased to con- 
sider the said Petition and express his sentiments thereon to 
this Board 

Signed p Order 

W Bladen CI Assembly 



P . 882 Answer thereto was by Order drawn up and Indorsed 
as follows viz' 

By his Excellency the Governor & Council May the 11 th 1696 

This Board have Considered the Petition and are apt to 
believe the matters therein contained to be true but consider- 
ing the Representative Body now met together are more 
capable of Judging thereon is left to their result but his Excel- 
lency is withal Pleased to Recommend again to the House a 
Certain proposall laid before them relating to the appointing 
several Persons for to manage that Office and bringing 
Tobacco to Certain places and that they would inquire against 
the next year if any Person will undertake the same their 
being a whole year beforehand for People to make their Pro- 
posals thereabouts 

The said several Bills petitions and Representations with 
Remarks thereon were sent down to the House by Col° 
Hutchins and Col Addison who return and say they deliv- 
ered the same 

Sent by the Clerk of this Board the Return of the Indenture 
for Election of Burgesses in Prince Georges County who 
returns and says he delivered the same 

Came from the House Captain William Dent who signified 
that he was sent to desire some of the Gentlemen of the 
Council might go down to the House to swear the new 
Returned members for Prince Georges County and Calvert 
County and according went down by Order the honble Col 
Nicholas Greenberry and Col Addison attended by the Clerk 
of this Board who accordingly administred the Oaths 
appointed by the Act of Parliament to be taken instead of the 
Oaths of Allegiance and Supremacy unto M r Hatton Col° 
Ninian Beal M r W m Barton and M r James Crawford who also 
Subscribed to the Test 



May the 1 2 th 1696 

The Council again Sate and were present as yesterday. 
Read over the request of the House touching Indians as 
follows viz 1 



Assembly Proceedings, April 30-May 14, 1696. 319 

Col Herman acquainting the House that the Seniquos and u. h. j. 
Susquehannahs together with the Shevanour Indians have 
desired peace with this Province & that they might be in 
League and trade with us. The House desire his Excellency 
if he thinks it may be beneficial to this province to enter into 
a peace with them that he would take such measures therein 
as he shall approve of 

Signed -p Order 
W Bladen Clk Assembly 

Then was drawn up and Laid before the House the follow- 
ing Order and proposalls which came answered in manner 
following 

1 Upon reading a Perusall of the request of the House 
touching Indians &c 

Ordered that Col° Herman be discoursed with about the p. 883 
same and that an Interpreter be provided who may be upon 
his Oath to talk with them & that no Person be suffered to 
talk with them besides for fear of Tricks 

His Excellency is desired to give his Orders and directions 
therein 

2 That Proposalls be prepared to be sent to Virginia 
touching Runaways &c Already Answered 

3 That the Naval Officers swear to their Accounts and 
the publick Treasurers give Bond before the whole Assembly 
at the passing the Laws and that they be ready with their 
Security at that time 

Already answered 

4 Proposed that what Ships are in the Country and cannot 
be got ready by the last of June be permitted to sail as got 
ready unless the Fleet comes in before that Time who are 
then to stay for the Fleet 

Assented to by the House 

That the Tobacco Collected for the Building a Church at 
Annapolis be sold for Bills of Exchange and some person 
Empowered to sell the same 

Assented to by the House 
Brought from the House by Major Thompson and Col° 
Beale & M r Barton these following Bills Viz" 

An Act for the Assessing of 3' 1 p hhd read first time & 
passed without Alteration 

\n Act for the naturalization of John Edgar read & Passed 
An Act for reviving the Temporary Laws read and passed 
if no Act be left out therein 



320 Assembly Proceedings, April -rp-May 14, 1696. 

v. 11. j. The said Bills were sent down by Col Addison Col° 
Browne and the Clerk of this Board with directions to 
Examine the said Act of Revivall with the former Acts who 
return and say they had performed their Message accordingly 
and find the said Act to be right 



May the 13 th 1696 

The Council again Sate and were Present as yesterday 
A List of persons thought qualified to Execute the Office of 
Sheriff within the Several Counties of the Province were 
humbly represented by his Majestys honble Council and 
House of Burgesses for his Excellencys Approbation 

Viz' St Marys County M r Robert Mason 
For Kent County M r Edward Sweetnam 
For Ann Arundel County Captain William Holland Sen r or 

M r Samuel Young 
For Calvert County M r George Lingan 
For Charles County Captain John Bayne 
For Baltimore County Major James Maxwell 
For Talbot County M r Nicholas Low 
For Cecil County Col° William Peirce 

His Excellency was pleased to approve of the same and to 
Order as it is hereby Ordered that Commissions pursuant 
thereto issue forth of the Secretarys Office with the other 
usual Instruments to bear date that day twelve month from 
the date of the former Commissions but that a Clause be 
incerted in the commissions of the Sheriffs of Ann Arundel 
and Talbot Counties for obliging them Actually to Live and 
reside in the Port and Town of Annapolis and William Stadt 
upon which Proviso they are to hold the same and not other- 
wise and that the said Commissions when prepared be 
delivered to the Honourable Col Henry Jowles Chancellor 

M r Young being sent for and refusing the said Condition of 
Living in Town but M r Holland accepting thereof is therefore 
appointed Sheriff of Ann Arundel County 

Ordered that the Sheriffs Commissions of Dorchester and 
Talbot Counties be Renewed 

M r Thomas Greenfield appointed and Commissionated 
Sheriff of Prince Georges County before 

Brought from the House of Burgesses by Major Dorsey 
and six more of the members of the House the following Bills 
fair Kngrossed for the Assent of his Majestys honble Council 



Assembly Proceedings, April 30-May 14, 1696. 321 

An Act for Laying Imposition upon Negro Slaves and u. h. j. 
White Servants 

An Act Impowering the Commissioners of the County of 
Kent to Purchase three Acres whereon to build a Court 
House 

An Act of Assembly to prevent people driveing away 
Horses into the Woods 

An Act appointing the Justices of each respective County 
within this Province and Vestries of each respective Parish to 
return the County Levy and proceeding to the Governor and 
Council yearly 

An Act for Speedy Justice in Encouragement of Trade 

An Act for Reviving the Temporary Laws of this Province 

An Act for Assessing the 3 s p hhd upon Tobacco towards 
the defraying the necessary Charge of the province 

An Act for the Naturalization of John Edger of Somerset 
County 

The which said several Bills were perused read and 
Assented to by his Majestys honble Council 

Another Bill being received and read for Laying the 
Publick Leavy &c will not be Assented to there being no 
Account before this Board to particularize any Allowance 

The honble Col Henry Jowles Added P . ss 5 

Read a petition preferred by M r Robinson and several 
others merchants Traders praying an Explanation upon the 
Ten -p Cent Act &c 

Ordered 'that the same be laid before the House for their 
Consideration 

The said Bills and petitions were sent down to the House 
by the Honourable Col° George Robotham Col° Charles 
Hutchins and Col Addison 

Brought from the House of Burgesses by Captain Hill 
Captain Tasker M r Boothby and M r Lowe a certain Repre- 
sentation made from the Committee of Aggrievances touch- 
ing Securities taken for Masters of Ships &c 

They signify also that the House have made strict Scrutiny 
into the Accounts passed this Assembly and that they find the 
same to be just and Good and that the same will be annexed 
to the Law 



The said Representation follows in these words viz' 

By the Committee of Agrievances May the 13' 1 ' 1696. 

It is Complained of unto this Committee that manifest 
Great decay of Trade in several parts of this province adjoyn- 



322 Assembly Proceedings, April -rp-May 14, 1696. 

u. h. j. ing to our Neighbouring Colonies doth daily happen by Ships 
leaving this Province by Reason of the two Great Strictness 
in taking Security from the masters of Ships which is very 
difficult to procure and Imposing Oaths on them and unless 
his Excellency can abate the Severity thereof here or procure 
the same Strictness in our Neighbouring Colonies it may 
prove of ill consequence to this province 

By the House of Burgesses die & Anno Suprad 

The house humbly desire his Excellency would be pleased 
to represent the same to the Commissioners of the Customs 
or take such other measures therein as he shall think fit 
Approved of by his Signed -p Order 

Majestys honble Council W Bladen Clk Assembly 

Hen Denton Clk Council 

His Excellency is pleased to say that as to taking other 
measures he cannot comply therewith Contrary to the direc- 
tions of the Law but will Represent the same to the honble 
the Commissioners of his Majestys Customs according to the 
request of the House 

Brought from the House the following Message by Captain 
Dent and several other members of the House viz' 



By the House of Burgesses May the 13 th 1696 

In Answer to what his Excellency and the honble Board 
have been pleased to recommend to this House viz' 
that his Excellency and his Majestys honble Council should 
SS6 be Joyned to the Committee appointed by this House for 
Laying the public Leavy we say that as it is the undoubted 
right and Priviledge of the Representative Body of this Prov- 
ince to Consent to the raising of Money upon the Inhabitants 
so likewise it is to Levy the sanje when raised therefore 
humbly pray the honourable Board would not press a matter 
so much Intrenching upon the antient rights and Priviledges 
of his Majestys Subjects of this Province 

Signed -p Order 
W Bladen Clk Assembly 

Ordered that three of the Gentlemen of the Council go 
down to the House and Acquaint them that his Excellency 
requires their Attendance here presently and to bring widi 
them what Bills are Assented to 

The honble Col° Robotham Col° Hutchinson and Col 
Addison went upon the said Message 



Assembly Proceedings, April ^o-May 14, 1696. 323 

They return and say they signifyed his Excellencys Com- U. h. j. 
mands to the House 

M r Speaker with the rest of the House members came up 
accordingly and bring with them the Bills and present them to 
his Excellency for his passing & Assent 

His Excellency signifies to them that a Bill here presented 
for Laying the Publick Levy he can by no means pass as it is 
now drawn there appearing no Acco' to particularize any 
allowances therefore proposes that they return to their House 
Again and Consider either to draw a Law for what allow- 
ances are already made or that they would appoint what 
members of their House are Justices of the Provincial Court 
to be Joyned with his Excellency and Council to lay the said 
Levy at the meeting of the Court in the fall and with that M r 
Speaker with the members of the House took Leave and 
returned accordingly 

Ordered that the honble Col° Nicholas Greenberry and the 
four Burgesses of Ann Arundell County be pursuant to the 
Ordinance of Assembly Empowered & they are hereby 
accordingly appointed and Empowered to sell and dispose of 
what Tobacco is Collectable and due for and towards building 
a Church at Annapolis Either for Bills of Exchange or Goods 
the Sheriff of Ann Arundell County having this year already 
received Orders for Collecting the said Tobacco brought from 
the House by Maj r Smithson and four other members the 
following message viz' 



By the House of Burgesses May the 13 th 1696 

■ This House have perused and considered of the Bill by us 
proposed for laying and Assessing the publick Levy of this 
province and therein finding that it plainly appears to what 
use and purpose the Tobacco therein mentioned to be Levied 
is to be applied viz' To the defraying the necessary Charge 
of this Province as hath been formerly used and thereupon 
Resolved nemine Contradicente not to Recede therefrom 

Signed -p Order 
W Bladen Clk Assembly. 

Ordered that seing the House is resolved they be sent for 
up and Prorogued 

The honble Col John Addison is sent upon the said 
Message who Returns and says the House is Risen 



324 Assembly Proceedings, April ip-May 14, 1696. 

u. h.j. May the 14 th 1696 

The Council again Sate and were 

Present 

His Excellency Francis Nicholson Esq r Cap' Gen 1 

Col Henry Jowles 1 Col° Charles Hutchins 

the honble Col George Robotham I Col° David Browne 
Col Nich. Greenberry J Col John Addison 

M r Speaker having had notice from the Board that it is his 
Excell cys Pleasure that the whole House should attend here 
presently came up Accordingly attended with the whole 
House and presents an address drawn up to his Sacred Maj- 
esty for Congratulating his Majestys prosperous Success 
against his Majesty the French &c the which was well 
approved of and Signed by his Excellency and the honble his 
Majestys Council and the several members of the House 
Presented also an address drawn up to his Sacred Majesty 
humbly requesting that the quarter part of the Revenue taken 
by his Excellency Governor Copley in his Lifetime which 
should have been appropriated towards the furnishing of 
Arms &c might be refunded out of the said Governor 
Copleys Estate and employed to the uses by his Sacred Maj- 
esty designed being read was also well Approved of and 
Signed to by his Majestys honble Council & House of Bur- 
gesses 

Read a Letter writt unto the honble Thomas Neal Esq r 
relating to the mony Act the which was liked of and signed 
to by the honble Col Henry Jowles Chancellor on behalf of 
his Majestys honble Council & by the several members of his 
Majestys honble Council 

Presented also by M r Speaker the following Bill 
An Act Explaining one part of an Act of Assembly 
Imposing a duty of Ten -p Cent upon all European Goods 
imported into this Province which was Assented to by his 
Majestys honble Council 

Esq r Brooke added 
The several Naval Officers came and produced the 
Accounts of their Collection of the Country dutys &c the 
which they made Oath to be true and Just 

Presented the following Vote Viz' 
By the House of Burgesses May the 14"' 1696. 
Voted in the House that Major William VVhittington pay 
the Ballance of his Account of which is due to this province 



Assembly Proceedings, April 30- .My 14, 1696. 325 

for the publick use thereof passed this day to Col° Charles u. if. j. 
Hutchins in part of what is due to him from the publick 

May the 14 th 1696 Signed by Order 

Assented to by his Excellency W Bladen Clk Assembly 

& Council 

Hen Denton Clk Council 

Came M r Robert Mason Treasurer for the Western Shore p. 888 
with M r William Dent his security who signed and sealed a 
Bond of ioool Sterling to his Majesty for the said Masons 
due Execution and discharge of his said trust 

Came also Major Thomas Smithson Treasurer for the East- 
ern Shore with M r Nicholas Low his Security who entered 
into the like Bond for the due discharge of his Trust 

His Excellency is pleased to signify to the Treasurer that 
they are to take Notice that they must not dispose of any pub- 
lick money without the Assent of his Excellency which other- 
wise will not be Authentick 

Afterwards the several Bills were read and Assented to 
were by M r Speaker presented for his Excellencys signing 
and Passing the same into Laws which being Perused were 
by Order indorsed his Excellency being pleased to sign to the 
said Indorsement as follows viz' 



May the 14 th 1696. 

On behalf of his Majesty King William the third &c I will 
these to be Laws 

Fr Nicholson 

Then his Excellency was pleased to acquaint the House 
that he had considered with his Majestys honble Council of 
proroguing the Assembly until the first day of July next by 
which time he hoped to receive his Majestys Royal Com- 
mands which if by that time should not happen to come that 
then they might expect by Proclamation to be further Pro- 
rogued without the Charge and Trouble of meeting and his 
Excellency accordingly Prorogued the said Assembly until 
the first day of July next 

So Ended this Sessions of Assembly 

Henry Denton Clk Council 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 

At a Session held at Annapolis, 
April io-May 14, 1696. 

CHARLES CALVERT, LORD BALTIMORE, 
Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE LOWER HOUSE. 



Journal of Assembly 
Thursday Aprile the 30 th 1696 

Whereas the General Assembly of this Province upon the l. h. j. 
nineteenth day of October Anno 1695 was prorogued by his 
Ex cy Francis Nicholson Esq r from the said 19 day of October 
untill ye twentieth of March ensuing no urgent occasion hap- 
pening for their then meeting, his said Ex cy by Proclamation 
bearing date the 4 th da ary A 1695 and in the 7 th 

year of his Ma' y did further prorogue the same 

until the Last day of Aprile Instant 

According to which prorogation Kenelm Chesseldyne Esq r 
Speaker of the House and divers other members thereof 
having taken their places in the House, 

M' Speaker Orders the House to be called over 

Upon which the following members were absent not being 
yett arrived to Towne 



Mr. John Watson 
Capt. Thomas Waughop 
M r Robert Mason 
Mr. Phillip Clarke 
Capt. John Bayne 
Col. Hans Hanson 
Mr. William Ffrisby 
Mr. Francis Hutchins 
Mr. George Lingham 
Major James Smallwood 
Capt. William Dent 



Mr. William Hutchison 
Mr. Edward Boothby 
Mr. Ffrancis Watkins 
Major James Maxwell 
Mr. Robert Smith 
Mr. Matthew Scarborough 
Mr. John Bosnian 
Uorsett County Burgesses 
Col. Peirce 

Major Thompson, and 
Col. Codd 



Colonel Hansons Letter read in the House, alledging his 
wife was so sick and indisposed that he could not leave her. 
hee's excused. 

Mr. Ffrancis Jenkins being elected a Burgess for Somersett 
County and appearing in the house is by Mr. Speaker, 
ordered to take his place. 

Mr. William Helemsly being also elected a Delegate for 
Talbott County, ordered that he take his place in the house 

Mr. John Pollard and Mr. Thomas Hicks enter the house. 



330 Assembly Proceedings, April ?f>-May 14, 1696. 
House adjourned for an hour, 
The House met. Present as before 

Mr. George Lingham and Mr. William Hutchyson enter the 
house. 

William Bateman of Ann Arundell County his petition 
being read ; 

Put to Question whether he shall be Drummer to the house 
or not, and carryed in the negative 

This house being informed that Mr. Ffrancis Watkins of 
the Delegates for Baltimore County is dead, 

Resolved, Mr Speaker Issue his Warrant to the Keeper of 
the great Seale thereby requiring him to Issue his Ma ly! 
Warr' of Election to the Sheriff of Baltimore County for the 
choossing of another Deputy to serve for that County instead 
of the said Mr Watkins as af d Deceased. 

Mr. Thomas Greenfield appearing in the House and 
already he was now his Ma tys high Sheriff of Prince Georges 
County and thereby incapacitated to Sett in this house, is 
Dismissed 

Resolved that Mr. Speaker issue his Warr' to the Keeper 
of the Create Seale desiring him to send out his Ma tys Writts 
of Election for one Delegate to serve in Calvert County in 
the stead of the said Mr. Greenfield, as likewise his Ma' 1 " 5 said 
Writts for the Electing of four new Deputyes or Delegates 
for Prince Georges County, according to Act of Assembly 

Mr. Henry Denton, Clerk of the Councill came down to 
the house and presented the following proposalls of which his 
Ex cy recommends to the house that they will consider, being 
for the publique vse and benefite. 



Original Proposed by his Ex cy to this house 

Journal. 

p. 3 That a Law or Ordinance of Assembly pass for seperate 
Rooms to be made in the new State House for the severall 
Officers Viz' for the provinciall Office Land Office Comissaryes 
Office County Court [Office and Clerke] of the Councills 
Office, And that a Barr be [placed at the door] of each Office 
within which no person [whatsoever shall] come save the 
Clarke, And that no Clarke [carry out any Record] Book or 
publique papers out of their respective Offices without] sent 
for by his Ex cy the Gov r or Assembly ; [that there] be two or 



Assembly Proceedings, April -ip-May 14, 1696. 331 

three small Jury Rooms made and a passage through the Original 
middle of the house, so that on the one Syde the said Rooms J ournal - 
may ly, and on the other syde the Offices, And that the End 
of the passage be the Entrance into the porch Chamber by 
which means all Rooms will be private. That Dutch Stoves 
be sent for to be kept in the Offices. That the Court house 
Table have severall Boxes made in it for the ready laying by 
of & securing the Clerks and lawyers papers that there be a 
contrivance within the Barr for the Grand Jury to be kept to- 
gether in, A Seat for the Cryer made to sitt above the rest of 
the people an outward Barr for the prisoners and a Step or 
two for the Witnesses to stand to be seen above the rest, and 
one or two Galleryes, and that the Court house be paved at 
least six foot round, that good Store of Oyster shells be layd 
round the house especially at the lower End where it is most 
Sandy, and that the pavm' come upon that to be layd with a 
Discent every way to carry the Water oft. That the said house 
be paled in at the same distance the porch bears from it, that 
at some distance from thence severall posts be sett up to hang 
horses on, To Contrive a [pissduit] And house of Office some p. 4 
where near the stad' house. That a Chimney be carryed up 
at the other End of the Stad* house from the first Story above, 
&c. 

To have the Back porch as bigg as the fore porch, and to 
have another [porch at the] Lower End for the Town and 
County Offices. 

Quere how the [Clerkes can go up to] their Offices without 
going through [the house where the] Assembly sitts. 

To have a place built [upon pillars] betwixt the Stad' house 
and school with a Room above for the Councill to sitt in. To 
be left upon Record what parts of the foundation of the Stad 1 
house are [piled] and what manner of earth the said foundation 
consists of And that the Ace' be given by the Bricklayers. 

Quere whether or no A pulpit and a reading Desk can not 
be now made for to Serve in the s'' Stad 1 house at p'sent and 
which may serve for the Church hereafter in the Church to be 
built. 

That in the Chimneys that are made in the Stad' house there 
be no manner of wood placed about or nigh the same if 
possible but that they be done with all the security imaginable. 

That the Stad" house be shingled upon planke and not upon 
laths. 

Hen: Denton CI Concil. 

The above proposalls and the Agreem" with Colonel Her- p. s 
man for building the s' 1 Court House being read put to the 
Question and Resolved (nemine contradicente) that Major 



332 Assembly Proceedings, April 2,0-May 14, 1696. 

Original John Hamond, Mr John pollard, Major Edw d Dorsey and Mr 
journal. p ranc ; s Jenkins be a Comittee appointed to sitt at Mr Black- 
wells and consider of the af d proposalls to examine what is 
convenient to [be done therein,] to discourse Col: Herman 
what he req[uires for doing thereof,] and to make their Report 
to the house by [ten a clocke to-morrow] morning. 

Also Resolved that the s d [Committee give notice] to the 
Councill when they sitt. 

The House [is adj] [a clock] to morrow morning. 



Fryday M[ay the I st ] 1696. 

The house being mett and called over, Mr Watson, Cap' 
Waughop Mr Mason Cap' Bayne Col: Hanson Mr Lingham 
Mr Hutchins Major Dent Mr Hutchison, Mr Boothby Major 
Maxwell, Mr Robert Smith Major Ennalls, Mr Bosnian Mr 
Scarborough and Col. Codd, were absent. 

Mr Bosman sending word to the house by one of the mem- 
bers thereof that his Wife was like to dye, so that he cannot 
well leave her, his Absence is excused. 

Severall Members of this house alleadging Mr Robert 
Smith lyes dangerous ill of the Gripes, his Absence is excused. 

Major John Thompson and Mr Philip Clarke sent to his 
Ex cy the Gov r and Councill to desire some of that Board may 
be sent to this house to administer the Oathes usually taken 
by the members of this house unto Mr William Helmsley lately 
chosen a Deputy for Talbott County. 

Thomas Martin of Talbott County planter appearing before 
the house in Custody of the Serj' at Arms, The said Martin 
having yesterday been publiquely drunke and debauched by 
swearing & the like in the face of the whole Country Viz' in 
view of all or most of the members of this house. 

Put to the Question in what sume the said Martin shall be 
censured therefore, Carryed by Majority of Voices in the sume 
of twenty shillings Sterl. 
6 Ordered that the Serj' at Arms attending this house have 
twenty shill sterl from the s d Tho s Martin as his fee for keep- 
ing him in Custody twenty four hours. 

Ordered the Serj' at Arms attending this house take into 
his Custody the [sev r all members] of this house which are 
actually [in Towne and have not] yet appeared in the house 
so that [we have them imnYJediately before the house that 
they may [shew cause why] they have not attended. 

Mr. Robert Mason [enters the house] 

Major Thomas Ennalls [sent in] his Excuse to this house 
by two of the Members thereof and signifying his readyness 



Assembly Proceedings, April y^-May 14, 1696. 333 

Mr Clarke and Major Thompson returne to the house and (Jri s hl 
say that his Ex cy will send some of the hon blc Councill to this 
house to administer the Oathes required unto Mr Willm 
Helmesley. 

Cap' Hill Mr Clarke Major Thompson Mr Tasker and Mr. 
Frisby sent to his Ex cy the Gov r with the following Message. 



By the house of Burgesses May the I st 1696. 
To his Ex cy the Gov r in Councill &c. 
May it please yo r Ex cy 

This house being mett according to yo r Ex cys proro- 
gation are ready to receive what your Ex cy has to offerr to us 
that We may proceed to the Dispatch of the publique Con- 
cerne of this Province. 

Signed -p Ord r * 

W Bladen CI Assembly. 

Mr. Lingham enters the house. 

Put to the Question if Mr. Mason and Mr. Lingham for not 
attending the house shall not be censured therefore Carryed 
in the negative. 

The hon ble Colonel Robotham Col: Greenberry, Col: Hutch- P . 
ins and Colonel Browne came downe from his Ex cy the Gov r 
& Councill and in presence of. this house administered the 
Oathes appointed by Act of parliament instead of the Oathes 
of Allegiance and Supremacy unto Mr William Helmsley 
according to the Request of this house 

the s d Mr Helmsley Subscribe the Test. 

They also bring [down sev r all Ires relating] to New Yorke 
for the perusall of [this house] 

Also lay before [the house severall] proposalls from his 
Ex cy Cap' Hill Mr. Cla[rke, Major Thompson] Mr Tasker and 
Mr Frisby returne to the house [and say that] they have deliv- 
ered their Message to his Ex cy who had already sent down to 
the house. 

Major John Hamond and the rest of the Members yesterday 
appointed a Comittee to consider of his Ex' y " proposalls about 
the new Court House and Additionall Conveniences enter the 
house and p r sent the following Report. 

Maryland ss. At a Speciall Comittee appointed by the 

Generall Assembly of this province for inspecting into the 
further Addition to the Stad' House met at the house of Mr 
Thomas Blackwell this first day of May 1696. 



334 Assembly Proceedings, April $o-May 14, 1696. 

Original p r sent 

Journal- Major John Hafnond Chairman 

Major Edw d Dorsey) Sam: Watkins appointed CI by 

Mr Francis Jenkins > the s d Com 

Mr John Pollard ) 

The said Comittee adjourned to speake with his Ex cy 
Adjourned for an hour. 

1. It is reported by this Comittee to the s d house of 
Assembly that a method be taken for the Clarks to go up 
to their Offices without going through the house of Assembly. 

2. That a law pass or an ordinance of'Assembly be made 
for Seperate Rooms to be built in the Stad' house for the 

p s severall Offices Viz' for the provincial Office Land Office 
Comissarys Office County Court Office and Clarke of the 
Councills Office and that a Barr be placed at the Door of each 
Office within which no person whatsoever shall [come] save 
the Clarke, And that no Clarke [presume] under a certain 
penalty to carry any [Record Booke or pub]lique papers out 
of their respective Offices without] comanded by his Ex cy the 
Governor [or Assembly.] 

3. That 2 Jury Rooms [be made] and a passage through 
the middle of the [house that] the Offices may be on one 
syde and the Jury Rooms on the other Syde. 

4. That the End of the passage be the Entrance into the 
porch Chamber. 

5. That a Barr be made for the Grand Jury to be kept 
together. 

6. A seat for the Cryer be made in some convenient place 
in the Stad 1 house. 

7. An outward Barr for the prisoners and a Stepp or two 
for the Witnesses be made. 

8. That a Chimney be carryed up at the other end of the 
Stad' house from the first Story &c. 

9. The Back porch to be as bigg as the fore porch. 
These things we find will be necessary and of use to this 

province to be made in the new Court house, and are not 
comprized in the Agreem' with Colonel Herman. 

Also We further Report that We have dscoursed Col: 
Herman who demands for making the Back porch nol Sterl: 
as for the other Additionall Conveniences Col. Herman leaves 
the Same to the house to be considered of and allowd for by 
the Country when finished. 

Reported to the house of Assembly. 

Sam 1 Watkins CI Com. 

The above Report read & Considered. 



Assembly Proceedings, April 30- May 14, 1696. 335 

Major John Hamond and the other members of the Com- oh 
ittee sent up to his Ex cy the Gov r in Councill with the follow- J ou 
ing Message. 

By the house of Burgesses May the i 5t 1696. 

This house upon Report of the Comittee appointed to con- 
sider of his Ex cys proposalls relating to the additionall Conve- 
niences to be made [to the new Court House] Signifye to 
yo r Ex ncy that We are [well satisfied that the] Same are not 
only well designed but [really necessary and] benificiall ; 
however the prsent Circumst[ances this Province] lyes under 
will not admitt us to launch out [money to carry] on the 
Same, therefore this house desire Colonel [Herman] may pro- 
ceed according to former Agreenv 

Signed p Ord r 
W Bladen CI Assembly. 

Col: Herman imploy'd in building the new Stad 1 house 
desiring leave to go up the Bay in order thereto Leave is 
given him. M r Francis Hutchins writing to the house that 
his wife was newly delivered and that he could not leave her, 
his Absence is excused. 

Voted and Resolved by the house nemine contradicente, 
That all Absent Members not appearing in the house at the 
tyme appointed nor Sending any reasonable excuse therefore 
shall be sent for by a Messinger artd shall pay such Charges 
as this house shall thinke reasonable to allow the s d Messinger 
upon bringing in his Ace' thereof, and pay such fyne as this 
house shall impose, or give security for so doing, or otherwise 
Stand comitted to Custody of the Serj'at Arms untill Satisfac- 
tion made. 

Resolved in the house nemine contradicente that Mr 
Speaker issue his Warr' to the Serj' at Arms to send messin- 
gers for & to take into Custody and bring before this house 
Cap 1 Thomas Waughop Capt John Bayne Mr Edward Boothby 
Major James Maxwell and Col: S' Leidger Codd members of 
this house who have not appeared according to prorogation 
there to answer their contempt therein. 

Comittee of Agrievances appointed p , 

Major Smithson Mr Saunders ) 
Mr Frisby Col: Pearce ) 

Ordered Mr Couey have notice the house will go to 
prayers every morning at 6 of the Clock. 

House [is adjourned till 7 a Clock] to morrow morning 



336 Assembly Proceedings, April yz-May 14, 1696. 
Original Satur[day May the 2 d ] 1696. 

Journal. 

The house met [and being called over] the following mem- 
bers were Absent Viz' Mr. [Watson Mr.] Clarke Cap' Bayne 
Col. Hanson Mr. Hutchins Major Dent Mr. Boothby Major 
Maxwell Mr. Rob' Smith Major Ennalls Mr. Scarborough Mr. 
Bosman Col. Herman and Col Codd. 

Mr. Clarke enters the house. 
Then read over what was done yesterday. 

Mr Francis Jenkins appearing in this house as a Deputy for 
Somersett County, Mr. Speaker and Severall other members 
affirming that he had taken the usuall Oaths and subscribed 
the Test, Ordered the s d Mr Jenkins take his place in the 
house. 

One of the members of this house complayning that Mr 
Thomas Odall one of the Coroners of this County had 
pressed his Serv' in Violation of the priviledges of this house. 

Ordered the Serj'at Arms take the said Odall into Custody 
and have him imediately before this house to Answer the said 
Offence. 

Resolved that the Serj' at Arms attending this house have 
two shill: and six pence as a fee from every person cofnitted 
to his Custody and the like fee for their Releasem' 

The house proceed to consid' of his Ex cys proposalls yester- 
day layd before them, And thereupon do Vote and resolve as 
followeth. 

1. The Ord r of Councill of the 17 th of Aug' 1695 about 
seating the Indian Land referrd from the last to this Sessions. 

The Consideration thereof referred until Munday morning. 
,,. ,, 2. The Report of the Comittee appointed to State the 
publique Revenue in May 1695, and the Addressing his Mat y 
that the Qr part of the Sume due from Gov' Copleys Estate 
may be appropriated to the service of this province for de- 
fraying the necessary Charges thereof. 

This house are of [opinion] that nothing is to be had of 
Gov' [Copley's Estate, or if there] were the same is already 
given by [his sacred Ma' y to the] Gov' Copley's Children. 

3 Whether Ski[ns and furrs out] of Pensilvania & 

shipt here ought not to pay [duty ] others exported. 

The house are of opinion the Law is already Sufficient that 
such Skinns and furrs pay the Dutys as others upon Expor- 
tacon. 

4. To have a Bridewell, and to se if any person will 
undertake to build and keep it, that all idle and Vagrant per- 
sons may be taken up and put to worke there, and the party 



Assembly Proceedings, April yo-May 14, 1696. 337 

or partyes undertaking the said house to have a lease of it for Origina 
so many years. Journal 

The house thinke such Bridewell or house of Correction 
very necessary & convenient, but that the present ill Circum- 
stances of this Province will not admitt the beggining or carry- 
ing on of any more building then already undertook. 

5 th That a law be made for the Justices of the County 
Courts to returne yearly a Copy of their County Levy to be 
signed by the severall Justices, as also for the Vestry's to 
send a Copy of their whole proceedings (as by them kept) to 
the Gov r and Councill in order to be examined and so to be 
done yearly, to be signed by the Minister all the Vestrymen 
and Church Wardens, first for fear of any Accident of fire 
that Recourse may be had to them, 2 dly that it may be seen 
whether they keep their Acc ts registred, And that after such 
examination they be transmitted into the Court of Chancery 
there to remain. 

Resolved that a Bill be prepared therefore. 

6 ,h That an Explaynatory Law be made how the Clark's of p. 12 
the Vestry's and parish shall be paid. 

Resolved the house will inspect the Act relating to the 40 1 
*p poll. 

7 th To have a [severe law] made ag' persons that take 
up Wild horses and [keep them, that persons] meeting with 
any Waife or Stay [horses about any Plantation] be oblidged 
to take them up and [carry the same to the next] Magistrate, 
who (if the said horse [be taken up on the] Westerne Shoar) is 
to send an Ace' thereof [to the port of Annapolis] with the 
Colour marke and Size &c. and [if on the] Eastern Shoar to 
the port of William Stadt that Encouragem' be proposed to 
the takers up. That a Clause be added to the Act appointing 
Ferryes that no led horse be ferryed over Potomack River but 
such as shall have particular passes, and that the fferrymen be 
cautious how they sett over any ordinary man with a good 
horse: 

Voted and Resolved that a Law be considered of to pre- 
vent the Great Abuses of persons driving Horses in the 
woods. As for carrying horses over potomack out of this 
province into Virginia, there is an Act or Law of that Colony 
ag' it. 

8 ,h To Strengthen the Law for regulating the Militia 
according to former proposall Viz' in giving them more 
power. Put to the Question And Resolved that there is 
Sufficient power already given them. 

9 ,h That a Law pass to effect what his Ex cys proclamation 
(touching Pensilvania Trade) bearing date the 17 th of Aug" 
past and an other proclamation prohibiting Seamen travelling 



338 Assembly Proceedings, April yz-May 14, 1696. 
original without passes &c bearing date the 25 th of Jan ry following 

journal. hath prescr jb e d. 

p- '3 Voted that there is a Law already Sufficiently providing ag l 
persons travelling without passes, And this house are induced 
to believe such strict handling of Seamen will hinder and 
obstruct our Navigation Designes, they being thereby terri- 
fyed coming into this province. 

10 th That an Act [pass no Testimonials] be sent out of 
England (whereby to pro[ve a Judiciall proceeding) ] be 
taken for good & authentick unle[ss the same be signed and] 
come out of the plantation Office. 

Voted [and Resolved that the] Laws of England and of 
this [Province have] very well provided for what shall be 
[authenticke] testimony and therefore the same is thought 
needless. 

1 I th That it be put to the Lawyers whether the Customary 
way of issuing Comcons in Chancery for examining of Wit- 
nesses (in perpetuam rei memoriam) to prove the antient 
Bounds of Lands within this Province ought to be taken and 
held for legall proof, and whether many inconveniences may 
not arise through Admittance of such proofe. 

Thought that no inconvenience can arise thereby for if that 
the Witnesses be alive their testimony must be had viva voce. 

1 2 th That part of the Revenue taken by S r Edmond 
Andros when he assumed the Governm' be inquired into & 
examined by the house. 

Resolved that his Ma ty be addressed therein. 

1 3. That a law be made for parents to bring their Children 
frequently to be catechised, and that the Ministers call upon 
them frequently according to proposall made in September 
Assembly. 

Voted that the Ministers frequently admonish the Childrens 
parents in their Severall Parishes which are of their Cofnunity 
that they send them to be catechised 
p . , 4 14. That the frontier plantations be seated with three or 
four able hands as formerly proposed 

Resolved that this Province is not in any Capacity to effect 
the same 

15. For regaining the publique Credditt of the Country 
his Ex cy as formerly in [May Assembly does] now again 
propose that all publique Levy[s and fees be made out] and 
sent by such a certain tyme [of the year to the Sherriffe] and 
that there be appointed two [three or more substantiall] per- 
sons in every County who will undertake [to bring all such] 
tob: to two or three certain places in [the said Counties,] and 
they to be continued to execute the Office of [Sherife] for 6. 
or 7. years together. 



Assembly Proceedings, April ^o-May 14, 1696. 339 

Voted and resolved that a Law be considered of for redress- Origi. 
ing the Same: J ourn 

16. That a Law be made to ascertayn the Bounds of all 
Lands taken up in this province according to proposall made 
last Assembly. 

Voted that a Law for Quieting possessions be consid- 
ered of. 

17 th That a Conditionall Law be made about Runaway 
Serv' s and Debtors running out of this province into Virginia 
for taking such Runaways up and liberty to Sue &c provided 
a Reciprocall Law be made for the same in Virginia. 

If Virginia will make such a Law, this house is willing to 
do the Same. 

18. That more ports be made. 

Voted that no more ports be made untill our Act for 
Advancem' of Coyns be passed, according to former Vote of 
this house. 

19. That such Horses as are allowable by the Law to be 
killed be taken up and sold to the use of the poor of the 
Parishes. 

Resolved that there is a Law of this province relating to 
horses which is thought very Sufficient. 

20 th That there be a person appointed to execute the p- '5 
Office of Muster Master or Agitant upon each syde the Bay, 
who shall be obliged to muster and see exercised the severall 
Troopes and Companyes Six tymes every year besides the 
General Muster, and that two pounds of tob: p poll be settled 
upon each of the said Officers. 

Voted [and Resolved that this] Province is not in any 
Capacity [to comply with the] proposall, or Settle any such 
ffee upon [such Muster Master] the Agitant being already 
farr in [gaged in vast sumes of] money and tob: 

21. That what [money is already] received by the Duty 
upon ffurrs &c. be layd [out toward the] building of a small 
school House and maynteyning a School Ma r according to 
proposall made last Assembly. 

Voted and resolved that the said mony be kept in Banck. 

22. That an Ordinance pass for the Levy to be layd by the 
Gov r and Councill and Justices of the provintiall Court in the 
fall. 

Voted if according to the proposall if the Levy shall be so 
layd, and rejected nemine contradicente the same being an 
infringem' of the Right of the Subject. 

23. That a Law be made that what priests hereafter come 
into the Country be obliged to produce their Orders in such 
a tyme and that they presume not to marry any protestant to 
a papist without receiving a Certificate from some Minister of 



340 Assembly Proceedings, April 7,0-May 14, 1696. 

original the Church of England of such protestants being marryed by 
journal. a Minister of the said Church first. 

Resolved that the Laws have Sufficiently provided therefore. 

House adjourned for two hours. 

Post Meridiem house mett. Absent. 

Mr Watson Cap' Bayne Col. Hanson Cap' Hill Mr. Ling- 
ham Mr Hutchins Major Dent Mr Boothby Major Maxwell, 
Mr. Robert Smith, Major Ennalls Mr. Scarborough Col. Her- 
man & Col: Codd. 
p . ,6 Then the house proceeded to further Consideracon of the 
proposalls yesterday layd before them, and voted & resolved 
thereon as followeth Viz' 

24 th His Ex cy finding that the Inhabitants of Somersett 
County are [still dissatisfyed] and [cannot] yet agree about 
placing of the [Court house within] the said County, Does 
therefore propose [that the said County] be divided into two 
Countys Viz' [the sea board side to] make one County and 
the Bay Side [the other] 

The house are [since] informed that the said Inhabitants 
are agreed, have built their Court house and desire no such 
division. 

25 th That the Comittee (by a Resolve of the house) ap- 
pointed in May Assembly last to inspect the Accompt of the 
one shill: per hogshead since the Revolution their Report 
be examined and taken into Consideration according to 
referrence of the house made last Sessions. 

Resolved that the said Reporte be layd before the house. 

26. That Colonel Herman be discoursed with to know 
whether the Stad' house will be covered before Winter and 
that he be obliged to secure the same Safely from the Weather 
before that tyme if he cannot finish it. 

Referred till Col. Herman appear in the house, And in Case 
he do not take Care to do the same. 

Ordered the Overseers of the publique Worke take Care 
to see the same secured. 

27. Whereas it hath pleased Almighty God to prosper his 
Ma' ys forces both by Sea and land, proposed that a Day be 
appointed to be sett asyde for the same according to an Ord r 
of Councill last March, especially for the happy news of his 
Ma' ys Safe Return being suspended until now for the more 
Solemne ■pformance thereof. 

This house humbly desire his Ex cy will appoint a Day there- 
fore 
p. i 7 28. That a Clause be incerted in the Act for Towns that no 
person coming to the port of Annapolis be arrested within 



Assembly Proceedings, April 30- May 14, 1696. 341 

that porte unless his Stay shall exceed forty eight hours, and o 
a penalty be intlicted upon the Officer transgressing therein. > ( 

That some priviledges [be given to] them that are or shall 
be Inhabitants [of that porte and] Town at present, or shall come 
within [two years hereafter and] actually reside within the 
same for [seven years together] thence ensuing, shall them- 
selves with [their posterities] have and enjoy all priviledges 
now [to be granted or] which hereafter at any tyme shall be 
gra[nted forever.] And to find out some way or other to en- 
courage them it is proposed, That no Inhabitant of the said 
port be lyable to be arrested in any County of the province or 
other place save within the Libertyes of the said Town and 
porte, That the Inhabitants of the Towne pay no County Levy 
nor to have to do with any County Roads clearing but what 
are in or about the said Town, That an Act pass empowering 
the Townspeople to purchase a Cofnon, And for the Cofnis- 
sioners of the said Towne to make by Laws with power to fyne 
any "psons Inhabitants comitting breach thereof in such sume 
to be ascertayned. 

To assess the Conduit made at the publique Charge. That 
the Cofnon be well cleared with the points of Land and the 
place dividing the Cofnon to be well ditched. 

That an handsome pair of Gates be made at the coming in 
of the Town and two tryangular Houses built for the Ranger. 
To have the Way from the Gate to go directly to the top of 
the Hill without the Towne and to be ditched on each syde 
and set with Quick setts or some such thing. 

That parte of the Land lying upon the Creek by Major 
Dorseys house where his Ex cy at present lives be sett aside 
for publique Buildings and if in case the same happen to come 
within any of the said Majors Lotts proposed that Land be 
given him elsewhere 

To have in the said Towne two fairs a year, and no person p 
coming thither to be arrested for one day before the s d ffair 
and one day after. 

That some Ord rs of Assembly be made about the School and 
Church. To confirm by a Law the three or four Roads his 
Ex cy [has lately caused to be] made leading to this Towne 
[the County be obliged] to keep them. 

That forty [foot space be left along] the Water syde within 
the port of [Annapolis for any person] to build Ware houses 
upon if the owners [of such lotts that] front upon the same do 
not build thereon in [such a] tyme to be sett. 

That the holes made by grubbing up Stumps and cutting 
of topps of Stones &c in the said port be filled up. 

All which proposalls relating to the Encouraging and Ad- 
vancing of the port of Annapolis. 



342 Assembly Proceedings, April jp-May 14, 1696. 

Original This house are of Opinion that if his Ex cy pleases to grant a 

journal, (barter unto the port of Annapolis he may thereby grant unto 

the Inhabitants thereof all reasonable priviledges and imunityes 

as to his Ex cy shall seem fitt As to assessing the Conduit at 

the publique Charge. 

This house thinke the Charge thereof so inconsiderable 
that if the Inhabitants of this port have a mind to have such 
Conduit Built they may easily contribute and provide for the 
same. As to the Land to be sett aside for publique Builders, 
this house concurrs with his Ex cys proposall, and are willing 
that Major Dorsey (if any the Land fall within his Lotts) may 
have other Land therefore in some other parte of the Town. 
Message from his Ma tys hon ble Councill &c by Mr. Henry 
Denton CI of the Council By the Councill in Assembly &c. 
May the 2 d 1696. 

It being moved at the Board that some Reasons might be 
given upon a proposall yesterday layed before the house 
p. 19 touching Shipps now in the Country inductive to their 
Addressing his Ex cy that he would be pleased to Suffer the 
Same to be cleared do therefore offer to the Consideration of 
the house the following Reasons, to the End if the house thinks 
them Sufficient & propper they may joyne with them therein. 

First it is rep r sented 

That if the [shipps gett home, his Ma ty ] will get his Cus- 
tom's 

2. The Seamen [may be serviceable] to his Ma ty when got 
home. 

3. The Worme [may endanger their Shipps] by staying 
in the Country besides provisions [are very scarce here.] 

4. That if the Shipps [should] be stopt to go in a Fleet 
together there are but two Londonners of any force, and the 
rest ly Scattered in other ports. 

5. It is observed that shipps that Sufner here do usually 
stay till the next Spring, by reason of mens falling sick in the 
Country. Signd -p Ord r 

Hen. Denton CI. Concil. 

The above Message being read in the house and considered 
Voted nemine contradicente that W Bladen Clarke of this 
house go up to their Ma' ys hon bl<: Councill with the following 
Message. 

By the House of Burgesses May the 2 d 1696. 
Upon perusall of the Message delivered this house by the 
Clarke ot the Councill relating to Shipps in the Country, We 
humbly desire the Opinion of the hon blc Councill if the said 



Assembly Proceedings, April y^-May 14, 1696. 343 

shipps shall be stopt or cleared, and thereupon We shall either Or 
concurr therewith or offer such Reasons to the contrary as We J°' 
humbly conceive will be Satisfactory. 

Signed p Ord r 
W Bladen CI Assembly 

House adjourns for a Q r of an hour. 

House met. The Clarke of this house being returned 

saith that he delivered the Message by him sent to their Ma tys 
hon ble Councill. 

The house adjourned untill 7 of the Clock on Munday 
morning. 

Munday May the 4 th 1696. p. 

The house met and upon calling over were absent Mr 
Watson Col Hanson Mr Hutchins Major Dent Mr Hutchison 
Mr Boothby Mr Robert Smith Major Ennalls Mr Scarborough 
Col: Herman and Colonel Codd. 

Message [from the Hon blc ] Councill. 

By the hon ble his [Ma lys Council in Assembly,] May the 2 d 
1696. 

This Board has perused [a message of] your house by your 
Clarke sent touching the [Shipps] &c. And for answer re- 
turne that they are of Opinion it will conduce most to his 
Ma ,ys Service that the Shipps now in the Country be cleared 
as they are got ready and for the Reasons already layd before 
the house which this Board take to be good Reasons. 

Signed -p Ord r 
Hen Denton CI Concil. 

The which Message being read was ordered to be sent up 
again to his Ma' y hon ble Councill with the following Answer 
endorsed. 

By the house of Burgesses May the 4"' 1696. 

That the house concurr with the Opinion of his Ma ,ys hon b,c 
Councill that the Shipps be cleared. 

Signed p Ord r 
Sent-p Major Hamond & Major W Bladen CI Assembly 
Dorsey. 

Put to the Question if every member absent after the calling 
over the house unless he shew Cause therefore shall not be 



344 Assembly Proceedings, April -xp-May 14, 1696. 

Original censured in the sume of 100': tob: to the use of the poor of 
journal, ^j. (^ olin) -y ne represents, And carryed in the Affirmative. 

Cap' Thomas Waughop Mr Robert Mason & Mr. Philip 
Clarke and Mr George Lingham for their having been absent 
are censured according to the aforegoing Vote each in the 
Sume of ioo 1 tob: to the use before declared. 
P . 21 Then read over what was done on Saturday last. 

Major Hamond and Major Dorsey returne and say they 
have delivered their Message. 

A Member of this house moving that the Vestry of Coven- 
try parish in Somersett County having a considerable sume 
of tob: in their hands desire of this house whether 

they shall or build a School. 

Put to the Ou[estion and carryed by a] Majority of Voices 
that they purchase [a Glebe therewith] 

Then [appointed the comittee] of Laws. 

Cap' Richard Hill [Major John] Thompson Mr Philip Clarke 
Mr Willm Helmesly and Mr. Nicholas Low. 

The s d Comittee sent out. 

Major Thomas Smithson Chairman of the Comittee of 
Agrievances presents the following Reporte. 

By the Comittee of Agrievances proposed 2 d of May 1696. 

That it is too apparent and manifest that the Inhabitants of 
this province do in great Numbers remove themselves from 
hence to other Colonyes, that the great Levyes in many 
County's arise from the number of poor Children & distressed 
people that many Women and Children are brought into such 
distress by their husbands leaving them and the Creditor 
seizing all they have that in many County's the goals are full, 
and it manifestly appears the Charges of severall County's are 
thereby increasing by reason the fathers of many poor familys 
are imprisoned and undone, and their Children consequently 
come on the Countyes. 

1 hat not only the meanest but very many more Substantial! 
Housekeepers have now exposed their reall Estates to Sale at 
halfe the Worth, and prepare to depart. That there is no 
doubt but that Debt and terror of Suite is the principall Cause. 

That the Lord proprietary by his Bonds taken for Warr ,s 
and Arrears of Rent and the publique Officers for their ffees 
are now become the Cred rs of Vast and imense sumes, which 
(especially my Lords) are now threatened to be levyed with 
Rigor though scarce demanded before this last unseasonable 
year. 



Assembly Proceedings, April 30- May 14, 1696. 345 

That such doings will augm' the Terror with all the bad Original 
Consequences of it, That it is improbable the province can pay J " r " al ' 
all those Bonds Bills and arrears in many years in ready tob: 
that the house would consider some Way that such Debts may 
be more easily paid and that without such terror and dread of 
Imprisonm' Which may perhaps in some measure (at least in 
the [terror of it) ] if his Lordps Agents and all publique 
[officers be restrained] from having Writts of Execution by 
[Ca. Sa., but only by fi. fa.] for 2 or 3 years & that negroes 
[and servants be exempted] from such Executions and that 
husbandry [be more] encouraged by making Wheat and other 
Grain pay especially for Bonds or Bills past for Land 
at a greater Rate then in the p r sent Act for encouraging 
Tillage &c. considering the tob: such Difficult years as this 
excepted) is now at lower price then when that Act was 
made. That it is reasonable for his Lordp to take any pro- 
duce of Land in paym' for Warr' s because after he had 
induced people to inhabit this province by that Condition of 
plantations by way of Rights, which was expected to have 
perpetually continued, His Lordp (notwithstanding the people 
by possessing considerable part of the Land and by forming 
an Assembly by their Delegates seem to have had so great a 
share and Interest in the Welfare of this province and things 
relating to reallity) made alteration of the former Conditions 
without their Assents, And though the present Condition of 
plantations be moderate ; yet the p r mises considered he having 
made such alteration without consent of the people may accept 
with reason such pay as the province is at p'sent capable of 
affording, proposed further that the ffees of his Lordps Officers 
being to be exacted from the people of this province may be 
lymited by Law, It being most unreasonable that any authority 
should be in this province, uncontroulable by the Legislative 
power thereof. 

Upon reading the Above Report, Tho: Smithson Chairman 
The house are of Opinion that the Law has already provided 
ag' the said Agrievances. 

House adjourns for two hours. 

Post Meridiem the house met and upon calling over the fol- P . 23 
lowing Members were absent Viz' 

Mr Watson Col: Hanson Major Smith Major Dorsey Mr 
Hutchins Major Dent Mr Hutchison Mr Boothby Major Max- 
well Mr Smith Major Ennalls Mr Scarborough Col Herman 
& Col: Codd. 

Mr Edward Boothby appeared in the house. 
Capt. John Bayne [Capt.] Thomas [Waughop Mr.] Edw d 
Boothby and Major James Maxwell [having tendered their 



346 Assembly Proceedings, April yz-May 14, 1696. 

original reasonable] Excuse why they did not appear here in [the 
journal, j^^g according to] prorogation thereof are not excused, and 

[ordered to pay the messengers] ffees and Charges that were 

sent for them. 

Whereas an Ord r of [his Ex cy ] the Gov r and Councill of 
the first of May 1696 put up at the Door of this House order- 
ing that the Clarks and other persons have recourse to their 
severall Offices notwithstanding the sitting of the house of 
Burgesses was brought before this house. 

Resolved the following Message be sent up to his Ma' 1 ' 5 
hon ble Councill. 



By the house of Burgesses May the 4 th 1696. 

This house does highly resent and are much grieved to see 
their priviledges so much intrenched upon by the hon blc his 
Ma tys Councill as appears by a late paper affixed at the Door 
of the House of Assembly at a publique meeting upon the 
Sabbath Day, in which they endeavor to debarr them of that 
Right which is due to the meanest and Inferior Court of this 
Province to witt privacy and uninterruption, and more espe- 
cially since this house considering the p r sent inconveniencyes 
have never debarrd the Clarks from their Offices further then 
in prudence and our Duty to his Ma tys service required, and 
therefore humbly desire the said paper in which our Rights 
and priviledges are so trampled upon may not remain upon 
the Journalls of the Hon ble Council!. For as We shall 
p. 23, ever endeavor to the whole world to give an Ample testi- 
mony of our Duty and Affection to his Ex cy and the hon ble his 
Councill so likewise We shall endeavor to preserve the 
Rights and priviledges We are intrusted with as representa- 
tives of his Ma ,ys Loyall and dutifull Subjects of this province. 

Sign'd -p Ord r 
[W: Bladen, Clk of] Assembly. 

Sent by Mr Tasker [Major Hammond Mr Mason] Mr 
Frisby Mr Clarke Mr Boothby Major [Smallwood Mr Lowe,] 
Major Smithson & Col. pearce. 

Mr Tasker and the [rest of the members] sent returne 
to the House and say they have [delivered] their Message. 

Mr Boothby added to the Comittee of Laws. 

Ordered the Comittee of Laws send for Books papers 
Records or any person or persons they shall think fitt to advise 
with. 

The Keeper of the Great Seals Letter read in the house 
relating to his ffees. Ordered that he bring in his Ace* of 



Assembly Proceedings, April 30-May 14, 1696. 347 

the severall transcripts of Law &c to be regulated by the Original 
house JournaK 

Thomas Odall one of the Coroners of this County appear- 
ing here in Custody of the Serj' at Arms and alleadging that 
he did not comitt the Offence wherewith he is charged out of 
any disobedience or disrespect to this house, but that he was 
utterly ignorant of the priviledges thereof, and humbly beg- 
ging pardon of the house. 

Ordered he be discharged paying his ffees. 

Ordered that the Serj' at Arms take Richard Clarke into 
Custody and have him imediately before the house to answer 
what shall be objected ag' him. 

Then appointed of the Comittee of Accompts, Mr Robert 
Mason Mr George Lingham Major Th° Smith and Mr. John 
Pollard 

Resolved the Act for recovery of small Debts be examined 
and inspected by the house. 

The house adjourne till 7 a Clock to morrow morning. 



Tuesday May the 5 th 1696. p . 25 

The house met and upon calling over were absent Mr 
Watson Col. Hanson Cap" Hill Mr Hutchins Major Dent Mr 
Boothby Mr Robert Smith Mr Low Mr. Helmsley Major 
Ennalls Mr. Scarbourough aud Colonel Herrman. 

Message from [his Ex cy the Gov r and Councill] by the hon 1,le 
Col. George Robotham Col: [Nicholas Greenbury and Capt.] 
John Courts Viz' 

By his Ex[ cy the Gov r and Councill] May the 4 th 1696. 

The Message by [Capt. Tasker and severall] others of the 
houses Members sent has been here [read and considered,] in 
Answer whereto his Ex cy is pleased to declare that [by the 
order] of Councill of the first of May instant relating to the 
Clark's and other persons having Recourse to the Offices &c. 
It was not intended that the priviledges of the house should be 
any ways encroached upon, neither does this Board take it to 
be any breach at all, but on the Contrary do hold it to be a 
breach of Magna Charta and of the Libertyes of the people 
that the Kings Offices should be shutt up especially consider- 
ing Recourse might be had to the same through the Comissary's 
Office, without going through the place where the house sitts. 
And it is recofnended by this Board to the house that they 
would peruse the severall Copyes of the County Levyes here- 
with sent in order to make Inquiry and Examine, whether there 



34S Assembly Proceedings, April ?p-May 14, 1696. 

iginai are not severall Articles therein charged and allowed ag' the 
umai. p r i v iledges of the people and known laws of this province. 
Talbott County Levy being not yet Returned shall be layd 
also before the house when received. 

As to the houses taking notice that the said Ord r was affixed 
to the Door of their House and on the Sabbath Day, It is 
observed to them that It was affixed at the Church Door that 
all persons might have publique notice thereof, and if the said 
Ord r was not taken down the last night the fault lyes in the 
negligence of some of the Officers. 

HisEx cy is pleased in particular to represent he is sorry to find 
that the Country is so far engaged and burthened that the house 
cannot conveniently meet so often to dispatch the necessary 
busieness impendent upon them by reason of the great Charge 
p. =6 thereby accrewing, Does therefore propose they would make 
a Law that either two Delegates might be chose to be sent out 
of each County to serve, Or that some Ordinance or a Law 
might pass for the House to appoint two members at a tyme 
to come out of each County to dispatch the Country's busie- 
ness, whereby the Levy's will be eased and the Country not 
[groan under] that Burthen ; for that it is not known how 
[soon the Assembly may] again meet ; by reason his Ma ty 
[Royall Commands are not] yet come to hand. And it is 
further [represented that the] Colony of Virginia which has 
nigh dowble [the Tythables of this] province have but about 
the Same Num[ber of Burgesses] 

Signd -p Order 
Hen: Denton CI. Concil: 

The which Message being read and considered of, Voted 
and Resolved Nemine contradicente that the following Mes- 
sage be sent up to his Ex cy the Gov r & the hon blc his Ma"' s 
Councill 

By the house of Burgesses May the 5 th 1696. 
Upon perusall of that part of the Message of the hon bl= 
Councill this day brought to the house in Answer to our Mes- 
sage yesterday sent to your board in Relation to the Ord r of 
Councill affixed at the Door of the house of Assembly, We 
finde the same no ways Satisfactory to our Desire in the said 
Message Viz' that the said Ord r may not stand on the Journall 
of the hon b,e Councill, therefore humbly presume to press the 
same again to yo r Ex cy and his Ma tys hon ble Councill that it may 
be taken off otherwise this house will adjourne to some other 
place, & proceed to no other busieness untill such tyme as We 
shall receive a Satisfactory answer hereto. 

Signed *p Ord r 
W Bladen CI. Assemb: 



Assembly Proceedings, April 30-May 14, 1696. 349 

The above Message sent to his Ma ty hon ble Councill by Origii 

Major Hamond Capt Bayn, Mr. Saunders, Major Smithson 
Major Thompson Mr. Pollard, Mr Hooper, Mr Clarke Mr 
Helmesley, Major Smith Major Dorsey Cap' Tasker Mr 
Mason Mr Ferry Major Smalwood & Mr. Hutchison Major 
Hafnond and the rest of the members returne to the house and 
say they have delivered their Message. 

The house adjourns till 12 a Clock. 

Post Meridiem. House met Absent 

Mr Watson Capt Waughop Col Hanson Mr Robert Smith p. 27 
Mr Hutchins Mr Scarborough Colonel Herman and Col. Codd 

Mr Lingham & Mr Pollard sent to acquaint his Ma ,ys hon ble 
Councill that the house is now sitting if they have any thing to 
comunicate to them. 

Message from his Ex cy [the Gov r and] Councill by the hon ble 
Colonel Charles Hutchins [and Colonel David Browne.] 

By his Ex cy [the Gov r and Councill May] the 5 th 1696. 

The Message by [Major Hamond and severall] others of the 
houses Members was received [and these two questions] asked 
Viz' whether all the members were [p r sent at that vote] pass- 
ing & whether the same passed nemine con[tradicente (neither] 
of which appearing upon the paper) And then some [further] 
Answer shall be given therein which We hope in God will be 
Satisfactory. 

Signed "p Ord r 
Hen: Denton CI: Concil. 

The which Message being read in the house Resolved 
nemine contradicente the following Message to be sent up to 
his Ma ,ys hon blc Councill. 

By the house of Burgesses May the 5 th 1696. 

This house do wonder and are much agrieved at the 
Unparliamentary proceedings and continuance of the Breach 
of our priviledges by his Ma tys hon ble Councill that instead of 
affording us the reasonable Satisfaction by this house desired 
your Board should further proceed to infringe Our priviledges 
by requiring to know what members were present or absent 
when this house resolved upon sending the Message this Day 
by Major Hamond and other Members of this house ; yet for 
Satisfaction of the hon ,,le Board We acquaint you the same was 
resolved nemine contradicente therefore once more humbly 



350 Assembly Proceedings, April io-May 14, 1696. 

original desire some Satisfactory Answer to our former Message, 
journal. Upon which we shall readily proceed to such Busieness as his 
Ex cy shall propose for his Ma ,ys Service and the Welfare of 
this province. 

Signd p Ord r 
W Bladen CI: Assembly. 

The above Message sent to the hon ble Councill by Mr 
Jenkins Mr Hawkins Mr Lingham Mr Hutchison Mr Low 
Mr Bosman Major Maxwell Major Ennalls Mr Dixon Mr 
Frisby Col: pearce Mr Hicks & Col. Hinson. 

Capt Hill Enters the house, 
p. 28 Ordered that the Serj' at Arms take into his Custody Cap' 
Tho s Waughop and Mr Edward Boothby Members of this 
house who have not appeared this Afternoon according to 
Adjournment And bring them before the house to answer their 
Contempt. 

Cap' Waughop & Mr Boothby brought before this house 
in Custody of the Serg' at Arms, Ordered they remain in 
Custody untill they pay their ffees. 

Mr Jenkins [and the rest of the Members] sent up to the 
hon ble Councill [returns and say they have] delivered their 
Message 

The house is [adjourned for an hour.] 

The house again [mett.] 

The hon ble Col: [George Robotham and] James Frisby Esq r 
came downe from his Ex cy and [acquainted] the house that 
Ex CY required their Attendance imediately at the Councill 
Chamber. 

Whereupon the house adjourne to attend his Ex cy at the 
Councill Chamber where being admitted His Ex cy told them he 
was sorry to send for them upon this Occasion to witt that there 
should be difference between the hon ble his Ma ,ys Councill & the 
house that he had never proposed any thing to them but for the 
Honor of God his Ma ,ys Service & the Welfare of the province 
to which the house had Voluntarily assented & that as for his 
own particular he had never asked any thing of them. To 
which Mr Speaker replyed that as he was but one of the house 
so without their Advice & Consent he could make no reply 
yet he durst undertake that the whole house believed that his 
Ex cy had very hon ble Intentions to the house which had only 
endeavoured to maynteyn its ancient priviledges. Then his 
hx v told them he had found out an expedient to put an end 
to their Differences, And thereupon prorogued them untill the 
6 th instant. 

W Bladen CI. Assembly 



Assembly Proceedings, April yo-May 14, 1696. 351 

Recorded and Examined Ori g 

Jour 

Maryland ss. Journall of the House of Burgesses. p> ' 

May the 6 lh A Dni 1696. 

Whereas this house by his Ex cy Francis Nicholson Esq r his 
Ma ,ys [Gov r in chief] over this his province and Territory [there- 
unto belonging] was prorogued from the fifth [day of this 
month untill] this day being the 6 th Instant According to the 
said prorogation] they mett And Mr Speaker having [taken 
the Chair] ordered the house to be called over. 

Upon which the following members were absent Mr John 
Watson Cap' Tho s Wawhop Col. Hans Hanson Cap' Rich d 
Hill Mr Francis Hutchins Mr Edw d Boothby Mr Robert Smith. 
Mr William Helmsley Mr Mathew Scarborough Mr Francis 
Jenkins Col. Casparus Herman and Col: S 1 Leidger Codd. 

Major Hamond Mr Mason Mr Clarke Cap' Tasker Major 
Smithson and Major Thompson Sent up to his Ex cy to acquaint 
him this house is mett according to prorogation yesterday And 
desire his Ex cy would be pleased to impart to them what he has 
to offer to this House. 

Appointed of the Comittee of Aggrievances. 

Major Smithson Mr Saunders Mr Frisby and Col: Peirce of 
the Comittee of Laws. 

Major Dent Mr Boothby Mr Clarke Mr Low Major 
Thompson. 

Then also appointed of the Comittee of Accompts. 
Mr Mason Major Smith Mr Pollard and Mr Lingham. 

Major Hamond and the rest of the Members returne to the 
House and say they have delivered their Message. 

The hon blc Col: John Addison and Thomas Brooke Esq r 
came downe from his Ex cy and Signifyed that his Ex cy required 
their Attendance imediately at the Councill Chamber. 

House adjourned to the Councill Chamber Where being p. ; 
admitted his Ex cy Thus bespoake them That he was sorry he 
should come into the Country when It was so much in Debt, 
And not only soe but the people divided amongst themselves, 
yet he hoped they had now forgott all Differences and would 
bend the utmost of their Endeavors for [his Ma' ys and] the 
Country's Service And proposes that [to answer the ends ol this] 
province they would lay an Additional [duty of 10 s ] upon 
Negroes, and also continue the [additional duties o( 3 d *p] 
hogsh d Whereby the Country would [not only be enabled to go] 



352 Assembly Proceedings, April 2,0-May 14, 1696. 

Original through with what they had already undertaken, but also dis-] 
journal. en g a g e themselves from their p r sent Incumbrances; [he also] 
told them that he that once put his hand to the plow ought 
not to look back and that he hoped that they had not only 
well begun, but would goe through therewith so that he hoped 
this might be said to be the finishing Assembly And then read 
to them two Lres from S r Thomas Laurence Barr' in Relation 
to the publique Affairs of this province in England by him 
negotiated. 

After which Mr Speaker and the rest of the Members 
returned to the house where Mr Speaker having taken the 
Chair Adjourned the House for two hours. 

Post Meridiem. The house mett. Absent 

Mr Watson, Col: Hanson, Mr Hutchins, Mr Rob'. Smith, 
Mr Scarborough Mr Jenkins, Col: Herman Col: Codd. 

Mr Sam 1 Watkins appears in the house and Crave's allow- 
ance for a fatt of Bisquitt pressed from his p r decessor Mr 
Andrew Abbington for the use of this province according to 
former Ord r of the House and is referred to the Comittee of 
Accompts for allowance therefore. 

Moved in the house and put to the Question Mr Nicholas 
Low having agreed with the Com" of the Port of William 
Stad' and sold them for the s d Town one hundred Acres of 
Land at the rate of 500 1 tob: p Acre or Lott, if the said Sunje 
of 500 1 tob. ought not to be paid him by the severall persons 
taking up the said Lotts. 
p. 3 Carryed by Majority of Voices that it is the Opinion of this 
House that Mr Low ought to be paid the sume of 500 1 tob: 
by each person taking up a Lott in the port of William Stad' 
according to his Agreem' with the Com" and in case they 
refuse so to do, he has his Action at the Comon Law therefore. 

Sev r all [proposalls] from [his Ex cy ] before this house for 
their Consideration passed. Debated and] resolved on as 
followeth Imp rs proposed that [the House will consult] whether 
the 225 Acres layd out at [William Stadt for a towne and] 
Cofnon or 200 Acres only (omitting the [25 acres) was 
intended to] Stand. 

Resolved that [the intent] of this House was 200 Acres only 
as appears by our Journall. 

2. That all ffees be settled Viz" the Chancellors ffees for 
Sealing the Laws &c. 

A Law already provided therefore. 



Assembly Proceedings, April Tft-May 14, 1696. 353 

3 The Attorney and Solicitor Gen" s Fees < 

Already Settled 

4 The Collectors and Navall Officers ffees complaint being 
made that they take more then their Dues. 

Already Settled 

5. The Clarke of the Councills ffees, & the ffees to be 
taken by the Clarke to the Gov r and Councill for hearing 
Appeals and Writts of Error. 

Ordered Mr Henry Denton p r sent a Schedule of such ffees. 

6 That the Burgesses Allowances be also Setled. 

provided for already by an Act of this province 

7. Quaere whether provision and Corne being so scarce 
whether it be thought necessary to hinder the Exportation 
thereof to Virginia least the ffleet expected into this province 
should want the same. 

The house desire if his Ex cy thinks fitt that he would be 
pleased to issue his proclamation ag' the Exportacon of Corne. 

8 That there be an Address Sent to his Ma ,y about the 1 
Congratulation, And that a Letter be writt to the Arch Bishop 
and Bishop of London. 

The House Concurr with his Ex cys Proposall 

9 That a Law be made to explayne Beer Syd r and wine 
Measure Resolved that all Beer to be sold in this province be 
sold according Measures and Syd r according to 
Wine Mea 

10. That a Law [be made ag' Ordinary] Keepers trusting 
of Labourers and Seamen [too much, and that some Stint] be 
put to the Same, 

The Law [hath already Sufficiently] provided. 

1 1. That a Law be [made that the inhabitants of the two 
ports of Annapolis and William [Stadt] be exempt from the 
penalty of the Act ag' Forestallers and Regraters, and that the 
said Law may not reach them 

Resolved that the Actuall Inhabitants of the two ports of 
Annapolis and William Stad' be exempt from the penalty of 
the Act ag' Forestallers & regraters. 

Mr. John Edmondson's Lre to his Ex cy . read in the house 
The above proposalls & following Message Sent to his 



354 Assembly Proceedings, April yz-May 14, 1696. 

Original Ex cy the Gov r & his Ma tys hon ble Councill by Major Hafnond 
Journal - and Major Dorsey. 

By die house of Burgesses May the 6 th 1696. 

We humbly thanke your Ex cy for your kind Invitation of our 
Members; but our Comittees being sent out If We should 
admitt of their Absence, We should be forced to adjourne and 
cannot proceed upon the Country Busienessfor Want of Suffi- 
cient Members to make up an house. 

Signed -p Ord r 
W Bladen CI: Assemb: 

Major Hafnond and Major Dorsey returne and say they 
have delivered their Message. 

Rich d Clarke appearing here this Day in Custody of the 
Serj' at Arms Ordered Henry Mathews and Sarah his Wife be 
called to appear and give Evidence ag' the s d Clarke Henry 
p- 5 Mathews and Sarah his Wife appearing in the house & 
having first being sworne before Major Hahiond one of his Ma tys 
Justices of the provinciall Courts. The said Sarah deposed that 
on Munday morning [being] the 4" 1 Instant she saw the prisoner 
upon a large [darke] Bay horse having an hanging [mayn] with 
a [bobe tayle, and] branded on the nan Buttock thus * [the mid- 
dle being scurffey] that Rich d Clarke kept out of [the Road 
along the fence] syde till out of the Gate and the[n put on 
very ffast.] 

Cap 1 Bay[ne, one of the Members] of this House alleadged 
That he lost [his horse on] Munday morning last having the 
above Brand [and in] every particular the same as the said 
Sarah had described. 

Rich d Clarke alleadged the horse was his owne and that he 
would produce the Same before this house with all convenient 
Speed. 

Ordered Rich d Clarke be again comitted into Custody of 
the Serj' at Arms. 

Moved in the house that Richard Clarke may give Bayle 
Whereupon put to the Question whether the said Clarke shall 
be admitted to Bayle or not. 

Carryed by Majority of Voices that he be admitted to Bayle 
so that he appear before this house on fryday morning next. 
At which tyme he is ordered to produce the said Horse 

Mr Henry Dentons petition read And an Act by him pro- 
posed for the Settling his ffees. 

The. house considering that to morrow is a day sett aside 
by his Ex cyi proclamation for a publique thanksgiving 
Adjourned until! 6. of the Clock on Fryday morning 



Assembly Proceedings, April 30- May 14, 1696. 355 

Fryday May the 8 th 1696. Original 

3 } 3 7 Journal. 

The house met and were absent Mr John Watson Col: 
Hanson Mr Hutchins Mr Robert Smith Mr. Scarborough Col. 
Herman & Col. Codd. 

Then read over what was done yesterday. 

Put to the Question that Whereas the Com rs of the port of p. 6 
Williamstad' having agried with Mr. Nicholas Low for one 
hundred Acres of [Land] for a Towne Comon at the price of 
1 2000 1 of tob: if [he] shall not be restored to his Title therein 
unless the said [sume] of tob: shall be paid him by the next 
fall. 

Carryed by he shall unless the Tob: 

be paid 

Upon pe[rusall of Letters ] from hisEx cy our Gov r tohis 
Ex cy Col: [Benjamin Fletcher ] Ma ,ys Gov r of New York as 
also Severall Letters [from] the said Gov r of New Yorke to 
his Ex cy requiring a further Supply from this province for the 
Assistance of New Yorke. 

The house taking into Consideration that this province had 
addressed his Ma' 1 ' to be relieved from that Burthen, to which 
Address his Ma tys Gracious pleasure is not yet Signifyed. 

Also reflecting that our selves are under the Same and no 
greater Obligation then our Neighbouring Colony of Virginia 
who have not as yet advanced any thing although We have 
advanced the Sume of 333" 6 s 8 J sterl. Nor has the s d Gov- 
ernm' of New Yorke taken any Care to make the Absolute 
necessity of such Assistance required apparent to this house. 
And considering the present ill Circumstances of this prov- 
ince by the great Mortallity of Cattle Scarceness of provisions 
and the great and Vast debts this province is engaged in, and 
also the Misfortune of the Fleet expected from England not 
being yet arrived rendring us incapable of Affording such 
Assistance. 

Put to the Question if any further Supply shall be sent 
from this province to the Assistance of New Yorke. 

Resolved nemine contradicente no further Supply to be 
granted from this province for Assistance of New Yorke, nor 
any further Answer given to that Government as to that p. 7 
Matter untill his Ma ,ys further pleasure shall be Signifyed 
therein 

The above Resolve Sent [to] his Ma ,y5 hon bl < Councill by 
Major Hamond and Major Dorsey. 

House [adjourned for two hours] 

Po[st meridiem] 
The house [mctt, and upon] calling over the following 
members were [absent, viz'] Mr Watson Cap' Bayn Colonel 



356 Assembly Proceedings, April 30-Mqy 14, 1696. 
Original Hanson Mr Robert Smith Mr Scarborough Col: Herman and 

journal. Co] . Codd> 

The house being informed by the Comittee of Laws that 
according to Ord r of the house they had sent for Col: Henry 
Darnall who now attended upon the house. 

Ordered that Major Dent and Mr. Clarke Goe to Col. 
Henry Darnall and acquaint him that the house is not at 
Leisure to enter upon the Debate wherein his attendance was 
required, but soe soon as they shall they will give him notice 
thereof. 

A Bill for Quieting Successions and Securing to the Suc- 
cessive proprietary's their Rights & Rents for Surplussage 
Lands read the first tyme. 

A Bill appointing the Sev r all Justices of the Sev r all County's 
and the Sev r all Vestrys to returne their proceedings yearly to 
the Gov r and Councill. Read the first tyme. 

A Bill to prevent people driving away horses and Cattle 
into the Woods read the first tyme. 
p. a A Bill for Speedy Justice and Encouragem' of Trade. Read 
the [first] tyme 

Put to the Question if this Law shall constitute [more 
Courts in the Wijnter then are already [appointed by act of] 
Assembly. 

Carryed [by majority of] Voices that no more Courts [be 
thereby constituted] than what are already appointed [by act 
of] Assembly. 

Put to the Question if a Copy of the Declaration Sent with 
the Writt ten days before Court and also filed in the Clarks 
Office the Defd' shall not be obliged to come to tryall the 
ensueing Court. 

Carryed by Majority of Voices that he shall. 

Rich d Clarke appearing by Ord r of the house in Custody of 
the Serjeant at Arms. 

And it being alleadged that the said Richard Clarke had 
reflected upon & abused sev r all of the Members of this 
house, 

Ord r ed that the s d Rich d Clarke be again comitted into the 
Custody of the Serj' at Arms. 

Whereupon the s d Rich d Clarke withdrew. 
P-9 Also Ordered that the Serj' at Arms have the s d Rich d 
Clarke before this house before 5 of the Clock on Munday in 
the Afternoon. 

Cap 1 Hill added to [the] Cofnon Laws. 

Ordered that the s' 1 Comittee [confer] with Colonel Henry 
1 )arnall put to the [question if an act shall] be made to 
in!] xiwer the Com™ of [Kent County to purchase three] Acres 



Assembly Proceedings, April ^o-May 14, 1696. 357 

of Land to build a Court house on [or in case persons own- Origina 
ing] refuse to sell the same to have it layd [out and assessed J ournal 
by a Jury.] 

Carryed by [majority of voices, and] a Bill be prepared 
therefore. 

Reported from the Comittee of Aggrievances That Com- 
plaints are made from all parts of this province that the Navall 
Officers of the severall and respective Districts within this 
province exact severall Dutys from the Good people Traders 
into and Inhabitants within this Province and oblige them to 
many Difficultyes and Inconveniencyes which by Law they are 
not confined to, for the better understanding thereof and more 
perfect explanation of the same as It is to us represented, We 
humbly present that notwithstanding the Act for Tunnageand 
ascertayning Navall Officers ffees allows 5 s sterl for Entring 
and 5 s Sterl for clearing a shipp of the burthen of one hundred 
Tunns or under intends that the said Sumes of five shillings 
Sterling should be in full Satisfaction for all Nevertheless the 
said Officers beside the 5' Sterl exact another flee not allowed 
by the said Act for taking Bond, desire it may be more fully 
explayned, that the Intent of five shillings for shipps of one 
hundred Tunns and ten shillings for shipps of greater Burthen 
was to be in full of all ffees and that no Collector or Navall 
Officer exact more. 

2. Notwithstanding it is provided by the said Act that all 
Boats under eighteen foot by the Keele are to pass and repass 
w th out pmitts &c. Unless they carry prohibited Goods, Yet 
the Owners of such Boats are constrayned to enter into great 
Bonds and pay for the Same to their great Damage and Dis- 
couragement. By the said Act all Shallops and open Sloops p. 10 
are to pay two shilling's and Six pence yearly for permitts and 
no more, It was intended that one such should be allow'd and 
approv'd of by the Navall Officers [and Collectors] within this 
province yet the Ma r of such shallj op and open] Sloop are 
forced in every District to make Entry [thereof otherwise are 
unjustly] prosecuted. 

Proposed that if [the aforesaid Act do not already provide] 
for the Inconvenience hereafter mentioned [it may be remedied 
by] an Explanatory Act (Viz 1 ) that shipps [coming from Eng- 
land, or elsewhere ] making a fair Entry and producing | law full 
Cocquetts] may after such Entry made of any Sloop or Shallop 
[transport] any of their Goods for which they have lawful] 
Cocquetts to any River or Plantation in any other district then 
where they at first made such entry without Molestation having 
a Legall permitt for the same to produce (if required) 



358 Assembly Proceedings, April $o-May 14, 1696. 
iginai Upon Reading the Above Report 

umal. 

Resolved that an Explanatory Act be made to the Act 
for Tunnage and ascertayning Navall Officers ffees 

The house adjourned untill to morrow morning at Six of 
the Clock 

Saturday May the 9 th 1696 
The house met and called over were Absent Mr Watson 
Col: Hanson Mr Hutchins Mr Robert Smith Mr Scarborough 
Col: Herman and Col: Codd. 

Mr Tasker and Major Thompson sent to acquaint Col: 
Darnall that the house desire he would appeare here with all 
convenient Speed 

Mr Tasker and Major Thompson returne to the house and 
bring with them Col: Henry Darnall and Mr Charls Carroll 
p 11 The house acquainting Col: Darnall (as he was his Lordp 
the Lord proprietary's Agent) that they were proposing a Law 
to be made for Quieting possessions and securing the Rights 
and Rents of Surplussage Land's to the proprietary's thereof 
(being thereunto induced by reason of a certain Declaration 
which the said Col: Darnall [acknowledged he] had by his 
Lordps Order affixed at the [Door of this House in Oc]tob: 
last as also at the Doors of the Several [County Court Houses 
within] this province relating to [surplusage Lands, Col.] 
Darnall said if the house did intend to [pass and send the 
law for] England for his Ma tys Assent he [would say nothing 
thereto; but] if so be this house would Address send a Copy 
[to his Lop the Lord Proprietary therein with an address he 
would ime[diately set up a pjublique Declaration that noe 
Advantage should [be had or] taken of any the good people 
of this province of or by reason of the af d Declaration by him 
published in Octob: last Untill his Lordps further pleasure 
should be knowne therein To which the house Assented. 

After which the said Col: Darnall & Mr. Carroll withdrew 

Put to the Question that if in Case Col: Darnall shall pub- 
lish such Declaration if a Copy of the Law together with an 
Address or remonstrance shall not be sent to the Lord Balte- 
more, or that the said Law be passed here and sent to his 
Ma' ys for his Assent 

Carryed by Majority of Voices that a Copy of the said Law 
with a Remonstrance from this province be sent to his Lordp: 

The petition of Kent Island & port of Talbott County read. 

Put the Question if such Division shall be made as petitioned 
for or the s d County's to Stand as by law established. 

Carryed by Majority of Voices the said County's to stand 
as by Law established 



Assembly Proceedings, April ^o-May 14, 1696. 359 

The petition of Thomas Tench Esq r The hon ble James Frisby original 
Esq' & divers other Gent" Merch ts and factors for and on J ourna ■ 
behalfe of themselves and others 

Ordered that a Bill be p r pared for the speedy hearing & 
determining of those Actions wherein Merch' 5 are Suitors 

Upon reading the petitions of Peter fferdinando and Willm 
Shoote 

Ordered that they be allowed each of them yearly 2000 1 of 
tob a peice out of the publique Levy of this province to be 
paid them in Charles County. 

Allen Robinett his petition read and referrd to the Comittee p- 12 
of Acc ts for Allowance. 

George Williams petition read and referrd to the Com rs of 
Talbott County 

Sam' Howard his [petition read and referred] to the 
Comittee of Acc ts for Allowance. 

James Forster [his petition read and referred] to the 
Comittee of Ace' 5 who are to [enquire and if not already 
satisfy' d] to allow the same 

The petition of [Phillip Pitt and others vestrymen of the 
parish of Great Choptanck in [Dorchester County read] And 
thereupon the House are of Opinion that the s d Vestry [pro- 
ceed to] build their Church as to them shall seem convenient. 

Vpon reading the petition of Sev r all the Inhabitants of Dor- 
chester County. 

Put to the Question if the Act ag' Strikeing of ffish in 
Dorchester and Somersett County's shall be repealed 

Carryed by Majority of Voices not to be repealed. 

Upon reading one other petition to this house of Allen 
Robinett 

Ordered that the said Allen Robinett keep the Ferry over 
Severne River untill his 12 months be expired Viz' from March 
last to March ensuing, And that the severall persons crossing 
the said fferry not being Inhabitants of this province pay him 
his Reasonable Reward for setting them over And that for 
keeping the said fferry he shall have and receive out of the 
publique Levy of this province nine thousand pounds of tob, 
provided the said Robinett reside constantly in the port of 
Annapolis and keep his Boat on this Syde the River other- 
wise Major Hamond and Major Dorsey are impowered to 
agree with Some other person that will undertake to keep the 
same 

The house adjourned for an hour. 

Post Meridiem House met absent p. 13 

Mr Watson Mr Hutchins Mr Rob' Smith Mr Scarbourouyh 
& Col Codd. 



360 Assembly Proceedings, April 30- May 14, 1696. 

mi Put to the Question if there should be any Chimney in the 
lK New Stad' House or not 

Resolved [nemine Contradicente that] there be no Chimney 
in the new [Stadt House]. 

Put to the [question if Col. Herman] shall build a back porch 
to the Stad' house [and be allowed therefor by] the Country 
when finished 

Carryed by [majority of voices that he] shall build a back 
porch & be allow'd [by the Country for the same] when 
finished 

Ordered [by the House that the] publique Treasurers of 
this Province pay unto [his Ex cy ] the Gov r what ready money 
is in their hands and take his Receipt for the same in part of 
what this province is indebted to his Ex cy 

Several! proposalls from His Ex cy layd before this house for 
their Consideration. 

That whereas Thomas Neale Esq r Ma r of his Ma ,ys Royall 
Mint had offered his Assistance in Relation to our Act for 
Advancem' of Coyns now in England, that this house would 
write to him and intreate his Friendship therein. Resolved a 
Lre be writt to Thomas Neale Esq r 

That in reguard the Fleet is expected in & that provisions 
are scarce and may be much wanted by the ffleet especially if 
they winter here that the house would Consider that Some 
Ord r pass to prohibite the Exportation of Porke and Corne. 

The house desire his Ex cy will be pleased to issue his proc- 
lamation ag' the Exportation of Corne as for porke there is 
no necessity of prohibiting the Exportation thereof. 

What shall be done with the Bill taken for the Impost upon 
ffurs &c 

Ordered that they be delivered to the publique Treasurers 
of this province who are to send them home this shipping & 
take care to have them received and securely lodged for the 
Ends designed. 

That the Q r part of the publique Revennue due from Gov r 
Copley's Estate being 470 1 sterl allotted for the purchasing 
Arms and Amunition for this province be taken into the Con- 
sideration of the House. 

Resolved his Ma ty be addressed therein. 
. ,., lhat to the End busieness may be carryed on with the 
more quick Dispatch by obviating Some Objections which by 
the house may be put, the [following Queries] are put Viz 1 

l! Skinns and [furrs brought out of ] Pensilvania & Shipt 
here ought not to [pay dutys as others exported] And that 
some Ord r pass to en [force such persons who] have exported 
Skinns & furrs to pay [the dutys thereupon]. 

It is the [opinion of the house that] the Act is Sufficient to 
compe[ll them]. 



Assembly Proceedings, April ^o-May 14, 1696. 361 

That such persons as [at their own] propper Cost and original 
Charges will build and [keep] Bridewell, that they have a J° urnal - 
Lease & the Benifitt thereby. 

Assented to by the whole house nemine contradicente, 
That Suspected persons going over Potomack with good 
horses be examined and not Suffered to go over. 
The Laws have already provided. 

That as to former proposal! touching pensilvania Trade 
and Seamen travelling without passes being matter of great 
Moment for his Ma tys Service during this tyme of Warr the 
said proposall is therefore more particularly urged and recom- 
mended. 

Resolved that his Ex cys proclamation touching pensilvania 
trade and Seamen travelling without passes be duly observed 
and put in Execution by the sev r all Magistrates and other 
Inhabitants of this Province. 

That Considering how often the Corn" of the Customs 
hands & Seals Nay even the Broad Seale of England it selfe 
has been counterfeited that no testimonialls for the future be 
admitted here but such as shall come out of the plantation 
Office. 

Resolved by the house that the Laws thereunto relating 
are already Sufficient. 

That as to Runaway Serv ts Debtors &c to Virginia &c. that p- '5 
a Law or some proposall pass to be sent to Virginia to effect 
the same. 

Resolved that proposalls be [made] to Virginia for a Con- 
ditionall Act to be passed [here and in that] Colony in relation 
to such Runaways. 

That Ca[re be taken about laying] the publique Levy 
[seeing] that for the [future it will not be permitted to be 
left to the management [of a private Committee.] 

Resolved [the same be not] layd during the sitting of this 
house [the house will make] provision therefore. 

That the [toleration of such] Liberty as is taken by priests 
may prove a Discourage[ment to my] Lord Bishop of London 
to send in Ministers among us therefore is particularly urged 
& recommended. 

Resolved by the house that the Romish priests within this 
province complying with the Laws thereof be Suffered to 
marry such persons as shall apply themselves unto them 
therefore. 

That an Act be made straightly enjoyning the severall & 
respective Sherriffs of the Sev'all County's within this prov- 
ince to give Notice to the severall Inhabitants of their 
County's to appear at the Election of Bur-esses or Rep r senta- 
tives of the said Countys or otherwise to send their Votes 



362 Assembly Proceedings, April yi-May 14, 1696. 
Original Sealed up to the Sherriff by him to be broaken open at the 

Journal. Elect j on> 

Resolved that the Laws have already Sufficiently provided 
therefore. 

Resolved that the thanks of this house be returned Mr 
Perigrine Couey for his thanksgiving Sermon, preached on 
thursday last being the Day sett apart for a Solemn thanks- 
giving for his Ma tys Success and Safe Arrivall. 

That whereas Mr Anthony Workeman of Kent Island 
intends to build an house of the value of ioo 1 sterl And hath 
Obliged himselfe upon his Decease to leave the same to the 
Use of Free Schools proposed that an Act be made to con- 
firm the ffee simple of the Land in this port to the s d Worke- 
man wherein he intends to build the af d house. 

Resolved that a short Bill be prepared therefore. 

That An Act be made for Appeals from the Court of Pro- 
bate of Wills &c. to be heard before his Ex cy the Gov r & 
Councill. 
p. 16 Resolved that the Laws have already Sufficiently provided 
for Appeals from the said Court. 

That the Severall [publique roads within] this province be 
ascertained widened & marked [and that the Com rs of] the 
severall Countys se the same [be cleared and repaired 
yearly] 

Resolved [that the Act of Assembly] appointing Overseer[s 
of the highways hath sufficiently provided therefore. 

That the s d [Roads be recorded in the Secretary's Office. 

Assen[ted to by the house] 

Recomended that a in the Port of Annapolis 

And that the publique tribute thereto. 

Referred to the Consideration of the next Sessions of 
Assembly. 

That the Sev r all Navall Officers when they pass their 
Acc ts swear to them before his Ex cy the Gov r 

Assented to by the house. 

Ordered that the publique Treasurers of this Province give 
Bond before his Ex cy as security for performance of their 
Offices. 

That all publique & County Ferrymen upon great Rivers 
be Suffered to keep Ordinary without Lycence. 

Assented to by the house. 

The house adjourned till 6. of the Clock on Munday morn- 
ing. 

Munday May the n lh 1696. 

House met. Absent Mr Watson Mr Rob 1 Smith & Col: 
Codd. 



Assembly Proceedings, April 1,0-May 14, 1696. 363 

Then read over what was done Saturday last Original 

Reported from the Comittee of Laws that according to J° urnal - 
Order of this house they had discoursed Col: Darnall and had 
drawn certain proposalls to the Right Hon b,e the Lord Proprie- 
tary & also a Remonstrance to his Lordp relating to Sur- 
plussage Lands which being layd before the house were 
read. 

Coll: Henry Darnall his Lordp Agent & Mr Chads p. 17 
Carroll appearing in the house Mr. Speaker acquaints the 
Colonel Darnall that the house had consented the proposalls 
and Representation should be sent to his Lordp [and that 
they had also perused and approved of his 

The hon b,e Col. Dar and Col. John] Addison came 

downe from his Ex cy & the hon ble Councill to this] house with 
severall papers for [the house's perusall] 

Put to [the question if the additi]onall Duty of 3 d a hogs- 
head shall be [continued another yeare] 

Carryed [by a majority of voices to be] continued one year 
more. 

Put to the tionall Duty of io s p poll on Negroes 

Imposed shall be imposed year. 

And carryed by majority of Voices to be imposed for one 
year 

Ordered that the Comittee of Laws prepare Bills for the 
same. 

A Bill for speedy Justice and encouragem 1 of trade read 
the 2 d tyme. 

A Bill for the Vestry's to return a Copy of their proceed- 
ings & the Justices of the County Co r ts Copyes of their 
County Levys yearly to the Gov r & Councill read the first 
tyme. 

The af d two Bills read again by Ord r of the house. 

Also the af d Bills read the third tyme by speciall Order of 
the house. 

The house adjourned for two hours. 

Post Meridiem. The house again met. Absent Mr Wat- 
son Mr Hutchison Mr. Robert Smith Col: Codd. 

Put to the Question what a pipe of Madera Wine shall be 
said to conteyne. Carryed by majority of Voices 100 Gallons. 

Resolved Lres be writt to Mr Blathwayt & Mr Povey. 

Ordered his Ex cy be acquainted this house have discoursed 
Colonel Herman who acquaints them that the Relique of the 
Senecas & Susquehanah's with the Shawannore Indians had 
desired peace with this province and that they might Ik; in 
league & trade here. And that this house desire his Ex° 5 i! 
he thinks it may be benificiall to this province to enter into 



364 Assembly Proceedings, April 30- May 14, 1696. 

Original peace with them and that he will take such measures therein 
J° urnal - as he shall approve of. 

The house being [informed] that Mr James Crauford is 
elected a Member for [Calvert County in] the stead of Mr 
Thomas Greenfield, [and he alledging he was duly] elected 
ordered he take his place in [this house]. 

John Cross [his petition read. Ordered] Major Hamond & 
Major Dorsey [agree and treat with the said] Cross for keep- 
ing the publique fer[ry over South River and] that all persons 
not Inhabitants of [this province crossing] the s d fferry pay 
him his reasonable reward [therefore]. 

A Bill for the Vestry's to returne their proceedings & the 
Justices of the County Courts A copy of their County Levy 
yearly to the Governor & Councill. 

A Bill for Speedy Justice & encouragement of Trade. & A 
Bill to prevent the Abuse of people driving away horses in 
the Woods with Severall Resolves of this house & other 
papers sent up to his Ex cy & the hon ble Councill, by Major 
Hamond Mr Low Mr Ferry Major Maxwell & Col: Hanson. 

Ordered the Sev r all Returns of the persons appointed to 
run the Lynes and make division of S' Marys Calvert Chads 
Kent and Talbott County's be delivered to the Clark of the 
provinciall Court who is hereby ordered to record the Same in 
the Secretary's Office of this province 

Ordered that the Serj' at arms take Mr Willm parker high 
Sherrif of Calvert County & Mr John Freeman Reg r in 
Chancery into Custody & bring them imediately before this 
house to shew Cause why they have not returned the Inden- 
tures of Election of Mr James Crauford chosen a Delegate for 
Calvert County, 
p. 19 Message from his Ex cy the Gov r and Councill by the hon We 
Col: Charls Hutchins & Col. John Addison who bring downe 
the three Bills this Day sent up to the Councill & the other 
papers &c. and the following Message. 

By his Ex cy [the Governor and Coun]cill &c. 

I he Representation and proposalls] relating to Surplussage 
Lands &c we[re read and well approved] of by the Gent" of 
the Councill and his Ex cy [is pleased to remarke to the] house, 
that if his Lordp does agree [to the same it will be of] good 
use to the Country And that it [the house will afterwards] con- 
sider of further ascertayning [their Lands by a Law] to be 
made for processioning the house will [thereby for]ever make 
their Titles certain. 

Signed -p Ord r 
Hen: Denton CI: Concil 



Assembly Proceedings, April -lO-May 14, 1696. 365 

With the aforegoing Message came down to this house the original 
petition of Capt James Smith Sherriff of Talbott County thus J° urnal - 
endorsed 

By his Ex cy the Gov r & Councill &c May the 11"' 1696. 

This Board have, considered the within petition and are apt 
to believe the Matters therein conteyned are true but consider- 
ing the Representative Body (now met together) are more 
capable of adjudging thereon is left to their Result; but his 
Ex cy is pleased to recomend again to the house a certain pro- 
posall layd before them relating to the appointing Severall 
persons to mannage that Office & bringing tob: to certain 
places &c And that they would inquire ag' next year if any 
persons will undertake the Same there being a whole year 
now before hand for people to make their proposalls there 
about 

Signd -p Ord r 
Hen: Denton CI. Concil 

Mr. John Freeman Reg r in Chancery appears in the house 
and is ordered to go up to his Ma tys hon ble Councill to demand 
the Returne of the Indenture of Election of Mr James Crau- 
ford elected a Burgess for Calvert County. 

Mr William Parker high Sherrif of Calvert County appears p- -° 
in the house and say's that he made returne of the s d Indenture 
to the Chancellor 

Mr John [Freeman returns] to the house and brings with 
him the af d [Indenture from his] Ma ,ys hon ble Councill. 

Mr Jo[hn Terry sent to call in all] the Comittees. 

Major Willi [am Barton, Col. Ninian] Beale & Mr William 
Hatton enter [the house and say] they are sent as rep r sen- 
tati[ves from Prince Georges Co]unty 

Ordered that [they withdraw for] a while. 

Major Willm Dent [sent up] to his Ex cy to desire he would 
be pleased to send downe some of his Ma ,ys hon blc Councill to 
Administer the usuall Oaths unto the new Members 

Whereas Major John Thompson Navall Officer at the head 
of the Bay having received 30 s impost duty for three negroes 
imported by Mr John Moll, which negroes are not intended 
to be exposed for Sale according to Act therefore. 

Tis the Opinion of this house that Major Thompson ought 
to refund Mr Moll the s' 1 Sume of 30 s 



366 Assembly Proceedings, April t,o- May 14, 1696. 

The Sev r all Corhittees enter the house. 

A Bill for the imposition of 20 s -p poll on negroes imported 
read the first tyme and passed 

A Bill for assessing 3 d -p hogshead on tob: for defraying 
the publique Charge of this province read the first tyme & 
passed. 

Major Dent returns to the house with the hon ble Col Green- 
berry & Col Addison who administred the Oaths appointed 
by Act of parliam 1 unto Mr Crauford Major Barton Col Beale 
& Mr Hatton who in p r sence of the af d Gent" of his Ma ,ys 
hon ble Councill Subscribed the test 

Ordered that the new Members take their places 

The house is adjourned till to morrow morning at 6 of the 
Clock. 

Tuesday May [the 12 th 1696] 

The house [mett, Absent Mr. Watson] Cap 1 Waughop Mr 
Robert Smith [Mr Scarborough and Col. St.] Leidger Codd. 

A Bill im[powering the Committee of Kent] County to pur- 
chase 3 Acres of [Land whereon to build a Court] house. 
Read first 2 d & 3 d tymes by [order of the house and passed] 
nemine contradicente. 

Recomended [that Mr. Perry] be continued post for this 
province at the [same sallary] as last year agreed for 

Put to the Question if he shall be continued at the same 
Sallary 

And carryed in the Affirmative nemine contradicente. 

Ordered that the publique Treasurer for the Western Shoar 
of this province pay him 50 1 sterl. his Sallary due for his last 
years service out of what shall accrew to this province. 

put to the Question if the Severall Sherriffs shall be con- 
tinued after their tyme expired according to Act of Assembly 
for Election of Sherriffs Carryed by majority of Voices that 
they shall not be continued. 

A Bill for laying an Imposition upon negroes read the 
second tyme. The s d Bill read the 3 d tyme & passed. 

A Bill for Assessing 3 d -p hogs hd upon tob: for defraying the 
publique Charge of this province read the 2 d & 3 d tymes by 
Order of the house and passed. 

1 he petition of Cap' John Dorsey read in the house com- 
playning that he had paid Levys for 5 years together for his 
Serv ts on a plantation near potapscoe River in the County of An 
Arundel] where the s d Levys were usually taken, and has also 
paid their Levy's this year in An Arundel County yet the same 
S.rv' are returned as taxables in Baltemore County whereupon 
that Sherrif has Executed the pet r tob. 



Assembly Proceedings, April 2,0- May 14, 1696. 367 

Put to the Question since the Levys upon the s d plantation Original 
have have been An Arundell County if the J° urnal - 

Same ought not [still to be] till the County Lynes are 

run out [Carryed in the Affirmative. 

Allowed Mr [Peregrine Couey for severall] Services done 
this house as also [for his paines in preaching] to this house 
2000 1 : tob: 

Allowd Mr [George Tubman who attended] upon this 
house as Chaplain [3000"' tob ] 

Put to the Question [if the] Remonstrance and proposalls 
agreed upon by this house to be sent unto his Lordp the Lord 
Proprietary by Col: Henry Darnall or by some other person 
thereunto imployd by this house 

Resolved nemine contradicente that Mr Speaker deliver the 
Remonstrance and proposalls above mentioned unto Col 
Henry Darnall to be by him sent to his Lordp: 

Col: Henry Darnall appearing in the house Mr Speaker 
delivered him the Remonstrance and proposalls af d which the 
s d Colonel Darnall assured the house he would take Care to 
send to his Lordp: also the said Col: Darnall desired the house 
would send Duplicates of the same for fear of any miscariage 
Ordered Mr Speaker issue his Warrant for the Election of one 
other Burgess in Prince Georges County. 

Allowd W Bladen Clarke of this house for Service done 
(to witt) writing five Duplicates of the last Journalls also 
Duplicates & transcripts of the Sev r all Letters & Address's & 
in Consideration the said Bladen bore his own Charges & 
Expences whilst busye in the s d Imploy (5000 1 tob. Allowd 

Also allowd the said W Bladen five thousand pounds of p- 2 3 
tobaccoe for his Attendance and Service by him done this 
Sessions and also for the Journall of this Sessions which he 
is obliged to put into the Secretary's [office. Ordered] Major 
Hamond & Major Dorsey agree with [some persons to clear 
the Towne] pasture at the publique Charge. 

the [house is adjourned untill] 12 of the Clock. 

House met. [absent Mr. Watson, Capt. Bayne] Mr Rob 
Smith Colonel Herman and [Col. Codd.] 

Put to the [question whether Sheriffs] of the Divided 
Countyes shall be longer [continued] or not, And carryed in 
the negative. 

Resolved that the Sherriffs of the new divided County's 
shall during the tyme they are to continue in the said Office 
Viz' June Court next collect & execute all publique Dues & 
Officers ffees which are upon Execution in that part of their 
Bayliwicks which was formerly in the others ex Officio to the 



368 Assembly Proceedings, April Tp-May 14, 1696. 

Original Use of the p'sent Sherriffs of the said late divided County's 
journal. unto V vhome they are to render Ace' and pay the same. 

A Bill for reviving the temporary Laws of this province read 
the first second & third tymes by Ord r of the house & passed. 

A Bill for the Naturallization of John Edgarr of Somerset 
County read three tymes by Ord r of the house & passed. 

The af d Bills together with a Bill for assessing the Addi- 
tionall Duty of 3' 1 an hogshead on tob for defraying the 
publique Charge of this province Sent up to his Ma tys hon b,e 
Councill by Major Thompson Colonel Beale & Major Barton 
Who Returne & say they have delivered the s d Bills to the 
hon ble Councill 

Ordered that the Severall Countys pay Col: Jowles Keeper 
of the great Seale one thousand pounds of tobaccoe a peice 
for each Body of Laws by him transcribed and sent to the said 
County & all his ffees for sealing the same according to Act 
of Assembly 
p . 24 John Valliant of Talbott County his petition read And is 
referred to the Corhon Law. 

Severall Me[mbers of this] house alleadging that Colonel 
Herman had [agreed to pay Henry] Sewall 50 1 for some 
tymber sold the p[ublique and assigned to the said] Colonel 
Herman 

Ordered Col [Herman pay the said] Sewall therefore 

Resolved a [letter be writ to the hon blc ] Edward Randolph 
Esq r Rich d Clarke [appears in the house in Custjody of the 
Serj* at Arms And on his knees begging [pardon of] the 
House 

The said Rich d Clarke is censured in the Sume of one thou- 
sand pounds of tob: for reflecting on the Members of this 
house. 

Also ordered that he give security for his good behaviour 
and appearance at the provinciall Court And to be discharged 
paying his ffees. 

A Bill for laying an Imposition on Negroes Slaves and 
White Serv ls imported into this province assented to by the 
house 

A Bill impowering the Com" of Kent County to purchase 
3 Acres of Land whereon to build a Court house on. 

The hon ble Colonel David Brown & Colonel John Addison 
came downe from the hon ble Councill to this house with the 
Bills this Day sent up to that Board and recomend that the 
Reviving Bill be well examined least any slipp or Mistake 
should happen. 

iM' perigrine Couey and Mr George Tubman appear in the 



Assembly Proceedings, April 30-May 14, 1696. 369 

house & returne their thank's to the house for their Gratifica- o. 
tions allowd them by this house 

Whereupon Mr Speaker returned them thanks for their 
pains in preaching to the house and reading prayers this 
Sessions 

Allowd to Mr Sam 1 Watkins CI: of the Comittee 1 tob. P- 
of Laws 1200 

Allowd Mr. Goldsbrough Clark Assistant to the 
said Comittee 800 

Allowd Mr Henry Wryothesly [Clark] of [the] 
Comittee of Agrievances 800 

To Mr. John Stanle[y Clarke to the Committee] 
of Accompts 1200 

To James Baker [door keeper] 1200 

To John New [ton the Drummer] 1200 

To Cap' Willm [Holland Serg' at arms attending 
this house 3000 

Allowd Henry [Mathews the ffield Keeper] for ) 
this Year untill October next j 1200 

Ordered Cap' [Holland receive] of Richard Clarke his fyne 
of 1000' tob: and give the Cou[nty] Credditt therefore out 
of his allowance this Sessions as Serj' at Arms 

By his Ex cy the Govmor & Councill &c 

May the 12 th 1696. 

Upon reading and perusall of the request of the house 
touching Indians &c Ordered that Colonell Herman be dis- 
coursed with about the same and that an Interpreter be 
provided (who may be upon his Oath to talke with them, and 
that no person be suffered to talke with them besides for fear 
of Tricks 

His Ex cy is desired to give Orders & Directions therein 

Proposed that what Shipps are in the Country & cannot get 
ready before the last of June, be permitted to Sayle as got 
ready unless the Fleet come in before that tyme, who are then 
to Stay for the ffleet. 

Assented to by the house. 
That the tobaccoe collected for building a Church at Anna- 
polis be sold for Bills of Exchange or Good's and some per- 
sons impowered to sell the Same. 

Assented to by the house. 
House adjourned till to morrow morning at 6 of the Clock, r 



Journal. 



370 Assembly Proceedings, April -ip-May 14, 1696. 

Wednesday May 13 th 1696. 

House met and upon calling over the following Members 
were Absent Viz' [Mr Watson] Major Smalwood Mr. Rob' 
Smith Mr Scarborough [Col. Herman and] Col Codd. 

The Met[hod and way how to pay the] Clarks of the 
Vestry & Parish referr[ed to the next Sessions of] Assembly. 

Diana Nut[head her petition read] Whereupon this house 
is will[ing she should have leave] to print if his Ex cy pleases. 

The house is [adjourned untill 12] of the Clock. 

The house again mett [and the] petition of severall Merch ts 
relating to the Act for io 1 -p Cent on European Goods 
exported referred from his Ma tys hon ble Councill to this house 
being read. 

Put to the Question and resolved the said Act was never 
intended to extend to Virginia. 

The following Bills Viz' 

A Bill for Speedy Justice and encouragem' of Trade. 

A Bill appointing the Com rs of the Countys & the Vestrys 
to returne a Copy of their County Levy & of the Vestrys pro- 
ceedings yearly to the Gov r & Councill. 

A Bill to prevent people driving away horses in the Woods. 

A Bill for Reviving the temporary Laws of this province. 

A Bill for Assessing of 3 d per hogshead upon tob: towards 
the defraying of the publique Charge of this province 

A Bill for the Naturallization of John Edgar of Somersett 
County. 

A Bill for laying an Imposition on Negroes Slaves & white 
Serv' s imported. 

A Bill impowering the Com rs of Kent County to purchase 
three Acres of Land whereon to build a Court house. 

And a Bill for laying the publique Levy. 

being all assented to by this house were sent up to his 
Ma ,y! hon ble Councill by Major Dorsey & severall other 
Members of this house. 

Mr George Layfield his petition read And referred to the 
Cofnittee for laying the publique Levy in Octob. next for 
allowance thereof. 

Mr Robert M[ason, Chairman of the] Cofnittee of Accompts 
presents the [Journall of the said Committee] which is here 
examined and allowd of. 

Mr Edward [Boothby and Major John] Thompson sent to 
his Ex cy the Gov r [to acquaint him that this house] is ready to 
attend his Ex cy where [he shall please to comm]and them. 

The house is [adjourned for half an hour] 



Assembly Proceedings, April T,o-May 14, 1696. 371 

House again met [Mr Boothby] and Major Thompson Origina 
returne and say they have delivered their [message] 

The hon ble Colonel George Robotham Col. Charts Hutch- 
ins & Colonel John Addison came down to the house and 
bring with them the seVall Bills this Day sent up to his Ma lys 
hon ble Councill except the Bill for laying the publique Levy of 
this province which bills af d are assented to by his Ma ty5 hon 1,1 ' 
Council. 

Ordered that Col. Darnalls Declaration set up at the Door 
of this house be entred upon the Journall & then again 
put vp. 

Cap' Hill Mr Tasker Mr Boothby and Mr. Low sent to his 
Ex cy and the hon ble Councill with the following Report from 
the Comittee of Agrievances May the 12" 1 1696. 

It is complayned of to this Comittee that manifest & great 
Decay of Trade in Severall parts of this province adjoyning to 
our neighbouring Colonyes doth dayly happen by Shipps 
leaving this province by reason of the too great Strictness in 
taking security from Masters of Shipps which is very difficult 
to procure, and imposing Oathes on them, and unless his Ex cy 
can abate the severity thereof here or procure the same Strict- 
ness in our Neighbour Colonyes, it may prove of ill Conse- 
quence to this Province. 

This house humbly desire his Ex cy would be pleased to rep- 
resent the same to the R' Hon We the Com rs of the Customs & 
take such other Measures therein as in his Wisdome he shall, 
thinke fitt. 

Mr. John Ollivers petition read. And put to the Question r- =s 
if the Pet rs and others under their Circumstances shall not 
pay Levys, And carryed nemine contradicente in the Affirm- 
ative. 

Capt. Hill [and the rest of the members] returne and say 
they have delivered [their message and that] his Ex cy 
recomend that the Justice [s of the Provinciall Court] and 
his Ma Iys hon'' le Councill may be of the [Committee for laying 
the pub]lique Levy to be layd before [his Ex cy ] 

Whereupon [the following Message sent] to his Ex cy the 
Gov' & his [Ma ,ys hon ble Councill] 

By the house [of Burgesses, May] the 13 th 1696. 

In answer to what [his Ex cy and the] hon ble Board have 
been pleased to recomend to [this house] to witt that his Ex cy 
and his Ma 4 ' hon ble Councill should be joyned to the Comittee 
appointed by this house for laying and assessing of the pub- 
lique Levy. We say that as it is the undoubted Right and 
priviledge of the Representative Body of this province to con- 



372 Assembly Proceedings, April Tfi-May 14, 1696. 

original sent to the raising of monyupon the Inhabitants so likewise it 

journal. j s to j eV y ^e same when raised, therefore humbly pray the 

hon blc Board would not press a matter so much intrenching 

upon the ancient Rights & priviledges of his Ma tys Subjects of 

this province. 

Signd -p Ord r 
W Bladen Clk: Assembly. 

Sent by Major Dent Mr. Clarke Mr. Pollard & Mr. Haw- 
kins Major Ennalls Major Thompson & Mr Ferry. 

Major Dent and Mr Clarke Returne and say they have 
deliv'd their Message. 

The hon ble Colonel George Robotham Col: Charls Hutch- 
ins and Colonel John Addison came to this house from his 
Ex cy the Governor and Councill and acquaint the house that 
his Ex cy requires their Attendance imediately at the Councill 
Chamber whereupon the house adjourne for halfe an hour. 

And go up to the Councill Chamber to attend his Ex cy the 
Gov r and carry with them all the Bills prepared this Sessions 
(except the Bill for assessing the Publique Levy. 
p. =9 Where his Ex cy was pleased to acquaint the house that he 
could not assent to or pass the Bill for laying & assessing of 
the publique Levy as proposed, and therefore recofhended 
that the same might be layd by [the severall members] of the 
house who were Justices of [the Provinciall Court, Attorneys] 
&c who would be obliged [to attend the Court so] there 
would be the less Charge to the County. Also told] them he 
must be acquainted [with the laying thereof, for] that he 
would never assent to the [raising of money unless he] was 
informed to what end and pur [pose]. 

There[upon M r Speaker and] the rest of the Members 
returne to [the house] where being met 

The Bill for laying and assessing the publique Levy is read 
and therein it plainly appears to what use and purpose the 
tobacco therein mentioned to be levyed is to be applyd Viz 1 
To the defraying the necessary Charge of this province as 
hath been formerly used in this province. 

And thereupon put to the Question if this house will 
recede from their former Methodes layd downe in the s li Bill. 

Resolved nemine contradicente not to recede. 

And thereupon the following Message sent to his Ex cy the 
Gov r and Councill &c by Capt. Hill Mr Clarke Major Smith- 
son Mr Hutchison Major Ennalls and Major Barton. 

By the house of Burgesses May the 13 th 1696. 
lhis house have perused and considered of the Bill by us 
proposed for laying and assessing of the publique Levy of 



Assembly Proceedings, April ip-May j.\, 1696. 373 

this province, and therein finding that it plainly appears to Original 
what use and purpose the tobaccoe therein mentioned to be J our,ial - 
levyed is to be applyed (Viz 1 ) to the Defraying the necessary 
Charge of this province as hath been formerly used, there- 
upon resolved nemine contradicente not to recede therefrom. 

Signd -p Ord r 
W Bladen CI. Assembly. 

Capt Hill & the rest of the Members return and say they 
have delivered their Message 

The house is adjourned untill 6. of the Clock to morrow 
morning. 

Thursday May the 14 th 1696. p. 3° 

House mett absent Mr Watson Major Smalwood Mr. 
Willm Helmsley and Colonel S' Leidger Codd. 

Complaint [being made that Allen] Robinet Ferryman 
appointed for [keeping the publique Ferry over] Severn 
River refuses to Sett [the Inhabitants of this Province] over 
the said River. Ord[ered the Serg' at Arms take] the s d 
Allen Robin [et into Custody and bring] him imediately 
before [this house to answer his] contempt therein. 

Message from [his Ex cy the Gov r in Councill] by the hon ble 
Col: Charls Hutchins [and Col. John Addison] who recomend 
to the house that the sev r all [addresses] and Letters resolved 
to be sent for England be got ready to be signed. 

Ordered Cap' Hill Major Dent & Major Smithson prepare 
them with all convenient Speed. 

Moved in the house that whereas George Layfield Esq r one 
of the Com rs for Somersett County hath unjustly charged the 
said County for attending the County Court when at the same 
tyme he was not in the County. 

Ordered that the Sherriff of Somersett County have the said 
Layfield here before this house upon the next Sessions or 
meeting. 

The house adjourned till two of the Clock 
Post Meridiem. The house met present as before 

The hon blc Colonel George Robotham Col: Nicholas Green- 
berry Col. Charls Hutchins and Colonel David Brown came 
downe from his Ex cy the Gov r nor and Councill and bring 
downe divers petitions of severall persons for the Office of 
Sherriffs within this province, and acquaint the house that 
whereas The severall Members of this house are most capable 
of Judging what persons are fittest Execute the said Office of 



374 Assembly Proceedings, April ^o-May 14, 1696. 
jinai Sherriffs &c his Ex cy desires the house to recomend such 

rnal. p ersons 

?■ 31 Whereupon the house with the Concurrence of the af d 
Gent" of his Majestyes honorable Councill Recomend Mr 
Robert Mason to be sherriff of St. Mary's County. Capt. 
Edward Sweatnam to be sheriff of Kent County 

Mr. Willm Holland Sen r [and Mr. Sam 1 ] Young if so be 
they will reside [within the port of Annapolis] Either of them 
thoug[ht fitt persons for the office] of Sherrif of Anne Arundel 
County. 

Mr George [Lingham to be the Sheriff of] Calvert County. 

Cap' John [Bayne to be Sheriff of Charles] County. 

Major James [Maxwell to be Sherriff of] Baltemore County. 

Mr. Nicholas [if he will reside] within the port of William 
Stadt [recommended to be] Sherriff of Talbott County. 

Complaint being made by a member that in Contempt of 
the priviledges of this house George Layfield Esq r had served 
a Subpoena upon him 

Ordered the Serj' at Arms take the said George Layfield 
into Custody and have him before this house imediately to 
answer the said Contempt. 

Ordered the Clarke of this house have a ffee of two shillings 
and Sixpence for every warr' to the Serj' at Arms to take any 
person into Custody not being a member of this house. 

Ordered Maj r Whittington pay the Ballance of his Accompt 
as publique Treasurer for the Eastern Shoar to Col: Charls 
Hutchins 

Allen Robinet appears in the house and is ordered to keep 
Severn Ferry untill the provinciall Court be over and the 
Suitors gone home, for which he shall be allowed by the pub- 
lique. 

A Bill explayning part of an Act of Assembly imposing a 
Duty of ten per Cent upon all European Goods exported out 
of this province. Read the first second & third tymes and 
assented to by the house 

The house adjourns for halfe an hour And Mr Speaker & the 
rest of the Members go up to the Councill Chamber to attend 
his Ex cy and carry with them the said Explainatory Bill 
1. 32 Mr Speaker and the rest of the Members of this house bing 
Admitted into the Councill Chamber 

His Ex cy was [pleased in] his Ma' ys Name to assent to the 
following [Bills viz' ] 

A Bill for [speedy Justice and encouragement] of Trade. 
A Bill appointing the Com" of the Countys] to returne a 
Copy of their [County levy and the severall] Vestry's a Copy 
of their proceedings yearly to the Governor] and Councill. 
A Bill to pre[vent people driving away] horses in the Woods 



Assembly Proceedings, April Tp-May 14, 1696. 375 

A Bill for reviving [the temporary Lawes] of this province, original 

A Bill for assessing 3 d p hogshead upon tobaccoe towards J° nrnal - 
the Defraying of the publique Charge of this province. 

A Bill for the naturallization of John Edgar of Somerset 
County. 

A Bill for laying an Imposition on Negroes Slaves & White 
Serv ts imported. 

A Bill impowering the Com" of Kent County to purchase 
three Acres of Land whereon to build a Court house. 

And a Bill explayning part of an Act of Assembly 
imposing a Duty of ten per Cent, upon all European goods 
exported. 

All which said Bills being thus passed into Acts of Assembly 
were Sealed with the Broad Seale of this province. 

After which the publique Treasurers having given Bonds 
for the faithfull Execution of their Offices. 

And the Severall Navall Officers having rendered their 
Acc ts and sworne thereunto 

His Ex cy acquainted the house that whereas he had not as 
yet received his Ma ,ys Royall Comands he did not know how 
soon after the Arrivall of the Fleet there might be occasion of 
their meeting together therefore prorogued the house untill 
the first day of July ensuing, at which tyme if there were no p. 33 
Occasion of their meeting he would take Care to give them 
tymely Notice. 

Thereupon Mr Speaker and the rest of the Members 
returned to [the house when Mr. Speaker] having taken the 
Chair [prorogued themselves untill] the first day of July next 
ensuing 

So ended [the fifth Sessions of] Assembly thursday the 
14 th [of May Anno Domi] 1696 And in the Eight Y[eare of 
the reigne of our] Soveraign Lord William the Third, by the 
Grace of God of England Scotland France [and Ireland, King] 
and King Defend' of the Faith &c. 

W Bladen CI: Assembly. 

[Address to the King.] p . 34 

To the Kings most Ex" Ma ,y &c. 

The humble and Loyall Address of Yo r Ma ,ys Gov r & Coun- 
cill and Burgesses and Delegates 

for Y r Ma' ys province of 

Most Dread Sov r a 

We and loyall Subj' 

understanding frequently exposed 



376 Assembly Proceedings, April 30- May 14, 1696. 
original your own Royall hazard by Sea and 

Journal. by Land tQ j n a H p arts Q f Yo r 

Dominions and pre Wealth peace & 

happiness, Do with unfeyned Joy congratulate your Ma tys 
Deliverance from Yo r Enimys and Safe Returne from Flanders 
to your Kingdom of England after so many Fatiggues and 
Toyls of Warr undertaken on our behalfs We rejoice in your 
Ma ,ys good Success and in these remote parts participating of 
the Advantages thereof (do next to Almighty God) ascribe 
our Own & our Fellow Subjects Safety to your Ma tys Cour- 
ageous & prudent Conduct, humbly beseeching Almighty God 
to continue the protection to your Ma ty to prosper your Arms 
preserve your Victorious person, and make you not only a 
Blessing to y r own Subjects but to all Europe by reducing 
your Enimy's to a lasting hon bl<: peace. 

Kenelm Cheseldyn Speak: ~] ffr. Nicholson 



Tho s Waughop Tho s Smith 
Rob' Mason John Harnond 



Hen Jowles Chan 
George Robotham 



Philip Clarke Edw d Dorsey , Nich Greenberry 
Jo" Bayne James Saunders f Charl Hutchins 
John Hynson Rich d Hill David Browne 

Hans Hanson Thomas Tasker John Addison 
W m Frisby Francis Hutchins J Tho' Brooke. 

William Hutchison 

Lib. l. l. 2 Att an Assembly held att the Town and Porte of Annapolis 

p - 1P7 the Thirtieth day of Aprill in the Eighth year of the Reigne of 

our Sovereigne Lord King William the third of England, 

Scottland ffrance and Ireland Defender of the ffaith &c Annoq 

Domini 1696 Were Enacted (Viz') 

An Act Impowering the Commission" of the County of Kent 
to purchace three Acres of Land whereon to build a Court 
house 

Whereas by the Late Division of the County of Kent there 
is absolute Occasion for the ease and Conveniency of the 
Inhabitants thereof that the said County Court should be 
houlden att some other place, in the said County then att the 
p r sent Court house, and forasmuch as no place is allotted or 
provided whereon to build a new Court house for the said 
County Be itt Enacted by the Kings most Excellent Maty by 
and with the Advice and Consent of this present Generall 
Assembly and the Authority of the same That the Commis- 
sioners or Justices of the peace of the said County shall be and 
are hereby made & Incorporated into a body politique with 
sufficient power thereby given them whereby to Enable them 
to Treat with buy purchace take hold and Enjoy for ever to 



Assembly Proceedings, April ^o-May 14, 1696. 377 

the use of the said County three Acres of Land in any part of Lib. l. l. 
the said County att theire Election whereon to build a Court p- 108 
house as aforesaid as they can agree with the Owners thereof 
And in as much as the ffee of such Land by them Chosen to 
build a Court house on may be in person non Compos Mentis, 
non Sane memorie, Infants feme Coverts beyond the Seas or 
otherwise disabled by Law to Alienate or grant the same or 
perhapps persons altho not any ways disabled as afore- 
said yett unwilling & obstinately refuseing to sell the same 
to the use aforesaid Be it Enacted by the Authority Advice 
and Consent aforesaid That in all or any such Cases the 
Comissioners shall take unto them the Surveyor of the said 
County and also Call unto them the Sherriffe of the said County 
who is hereby Impowered to Sumons a Jury of Twelve firee- 
holders of the Vicinage of the s d Land so as aforesaid by them 
Chosen to the intent afores d who upon theire Oaths shall lay 
out and Value the said Land haveing reguard that the same 
be as little prejudicial to the Owners thereof as may be after 
which laying out and Valueing of the said three Acres of 
Land as aforesaid the said Comissioners are hereby Impowered 
to Assess so much Tobacco upon the Inhabitants of theire said 
County whereby to pay the Consideration or purchase money 
to the Owners or other persons by them appointed to receive 
the same by Virtue of which purchaseing Valueing laying out 
of the said three Acres of Land and paying for the same as 
aforesaid they shall have and Enjoy a good sure and indefeaz- p. 109 
able Estate in ffee simple in the said three Acres of Land as 
aforesaid to the use and behoof of the s d County as aforesaid 
any Law Statute usage or Custom to the Contrary notwith- 
standing 

An Act for Speedy Justice and Encouragement of Trade 

Be it Enacted by the Kings most Excellent Maty by and 
with the Advice and Consent of this Generall Assembly and 
the Authority of the same That from and after the Publication 
hereof if any person or persons whatsoever be owing to any 
person or persons residing withing or Trading into this Province 
any sum or Sums of Tobbaco or money being above the sume 
of two hundred pounds of Tobacco or twelve shillings and not 
above the sume of Tenn Thousand pounds of Tobbacco or 
fifty pounds Sterling being due by Bill Bond note Book or 
Accompt or by any publick or County Allowance or any 
Officers ffees where Execution is not given by Law for the 
same and the party Creditor is Desireousof a Speedy recovery 
of the same he shall and may by Virtue of this Law recover 
the same in maner and forme following That is to say when 



378 Assembly Proceedings, April 2,0-May 14, 1696. 

Lib. l. l. 2 the party plaintiffe sues out his Writt against the defendant he 
shall deliver therewith a true Copy of his declaration against 
the defendant to the Sherriffe with the writt and if the sherriffe 
Can Serve the said Writt eight days before the day of the 
returne thereof and att the same time of Serving the same 
shall Deliver the Defendant a Copy of the Declaration the 
p. no s d Def' shall and is hereby bound and obliged to come to a 
Tryall with the Plaintiffe upon the Cause att the returne of the 
said Writt without any Imparleance or refference whatsoever 
and it shall and may be Lawfull to the Justices of the Sev r all 
County Courts before whom such matters shall be brought to 
award Judgement against such defendant upon his refusall or 
neglect to plead or answer Except in some very Extraordinary 
Cases or Accidents att the discretion of the Justices And for 
the Ascerteing the Allowances of the publick Leavy of this 
Province and what each person has therein and for recovery of 
the same the Sherriffe of the County shall att the next County 
Court after the publick Leavy or Allowances Come to his hands 
deliver a Copy thereof to the Clerk of the County Court 
Signed by him as a true Copy under the penalty of Two 
Thousand pounds of Tobacco for every time such Sherriffe 
shall faile therein to the use of the Vestry of the parish where 
the Sheriffe dwells and the Clarke shall make a true Copy 
thereof attested by him and sett up att the Court house That 
all persons haveing any Allowance therein may take knowledge 
thereof and the other part shall Record under the penalty of 
Two Thousand pounds of Tobacco to the use aforesaid which 
fines & forfeitures shall and may be recovered in any County 
Court by the Vestry as aforesaid by Action of Debt Bill plaint or 
information wherein no Essoyne protection or wager of Law 
shall be allowed. 

p. in An Act for the Naturalization of John Edgar of Sommersett 
County 

Be it Enacted by the Kings most Excellent Maty by and 
with the Advice and Consent of this present Generall Assembly 
and the Authority of the same That John Edgar of Sommer- 
sett County Gentleman be by this present Act naturalized and 
intituled to enjoy all Rights and Priviledges whatsoever within 
this Province as any Naturall borne subject within this 
Province might could or ought to do and shall be Capable to 
sue or be sued to defend or be defended and that he and his 
heires shall and may Enjoy any Lands Tenements Rents or 
Hereditaments whatsoever to which he shall or may any wise 
be entituled unto as if he was or had been a Naturall borne 
Subject of this Province any Law usage or Custom to the 
Contrary in any wise notwithstanding 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at Annapolis, 
July i -July i o, 1 696. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 

Governor. 



THE UPPER HOUSE. 



At a Council in a General Assembly by Prorogation met u. h. j. 
and held at the Port of Annapolis the first day of July in the p ' 8S 
eighth year of the reign of our Sovereign Lord King William 
the third &c Annoq Domini 1696 being the sixth Sessions 
and their continued until the io ,h day of the said month 
Present 

His Excellency Francis Nicholson Esq r Captain General the 
honble Col° George Robotham Col° Nicholas Greenberry 

The Clerk of this Board is ordered to go down to see if the 
House of Burgesses were met pursuant to the above Proro- 
gation and to acquaint them that his Excellency requires their 
attendance here presently 

He returns and says that the House are met & are 
coming up. 

Came accordingly M r Speaker Attended wtih the several 
members of the House to whom his Excellency signifies that 
suddenly after their last breaking up he received a Letter 
from the right honble the Lords of his Majestys honble privy 
Council giving an Account of the late Conspiracy together 
with several other Papers relating thereto the which his Excel- 
lency was pleased to deliver to M r Speaker recommending 
that the House would address his Sacred Majesty thereon and 
to enter into an Association according to the Example of 
England as they could find among the Printed Papers now 
delivered and that they would make it the first Business they 
entered upon by reason the said Address might be sent now 
by the Fleet telling them that he thought it more proper that 
the General Assembly should be first in doing the same and 
be a President to the several Counties &c and not to follow 
after them therefore appointed their meeting now being 
withall pleased to signify that he had already in behalf of the 
Country acquainted the right honble the Lords &c by Letter 
that he did not question but that the Assembly at their meet- 
ing would do the same. 

In the next place his Excellency was pleased to deliver to 
M r Speaker his Majestys Royal Letter relating to New York 
Affair recommending likewise their address of thanks to be 
returned to his most Sacred Majesty for being graciously 
pleased to Order the quota &c to be taken of at Present 

At the same time was delivered several other letters for the 
Perusall of the House viz' 



382 Assembly Proceedings, July 1-10, 1696. 

u. H. j. A Letter from Esq r Neal relating to Coins 

A Letter from M r Perry relating to Trade 

Two Letters from Esq r Randolph relating to the Affairs of 
his Majestys Customs &c 

The last Letter by his Excellency received from the Govern- 
ment of New York and a Letter from Col Harman concern- 
ing Indians 

His Excellency is also pleased to tell them that he had 
received a Letter from the Honourable Sir Thomas Lawrence 
Baronet Secretary but being so intermixt with private Business 
did therefore read to them what Clauses therein concerned the 
Affairs of the Country 

Lastly his Excellency does acquaint them that he had sent 
home Copies of that paper of Grievances last Assembly pre- 
ferred relating to masters of Ships &c wherein the House 
p. S90 requested that such severity in demanding securities and 
swearing them might be taken of or moderated &c and that 
he had Given them these Papers to night that they might not 
be hindered from Proceeding to Business early in the morning 
and thereupon M r Speaker together with the rest of the mem- 
bers took leave and returned to the House 

July the 2 d 1696 
The Council Again sate and were present as yesterday with 

the Addition of Col Brown and Esq r Frisby 

Ordered that the following Proposalls be drawn forth and 

laid before the House viz' 

Which was accordingly done and came answer in manner 

following 

1 That all the Indians lands be adjusted and the Bounds 
ascertained Referred to the Consideration of the next 
Assembly for a Law to be made for ascertaining thereof 

2 That all Masters of Ships for the future coming in give 
an Account to the Collectors and Navall Officers (upon Oath) 
what Letters they bring in with them as also of what Goods 
are Consigned to any persons. Assented to by the House 

3 To know what is to be done with the Ships left behind in 
the Country. For his Majestys Service to be permitted to 
sail as gott ready 

4 To know whether the Proclamation against Exportation 
of Corn shall be taken off it being likely to be a good Year for 
Crops of Corn the house desire it may be continued 

5 What to be done with the two Indians and Woman now 
in prison. Message sent up to his Excellency 

6 That the House would permitt Col Beal to go home 
and take all necessary Care about the Indians as he sees occa- 
sion assented to by the House 



Assembly Proceedings, July i-io, 1696. 383 

7 Recommended that Col Beal be allowed for the two u. h. j. 
Indians at two several times brought up to Annapolis 
Ordered to be allowed therefore 

8 That all persons having any places of General employ 
within the Province do reside in Town. The House are of 
Opinion that such Restriction will be a means to hinder per- 
sons Capable of such Offices from accepting thereof 

9 Proposed that two men be added to the Rangers in 
Potomack till the fall and two to the Party in Baltimore 
County. Resolved by the House of Burgesses that two men 
be added to each party of Rangers who are to continue Rang- 
ing until the fall and be paid in like manner as the Rangers 
already appointed. 

Signed by Order W Bladen Clk Assembly 

Assented to by his Excellency and Council 

Hen Denton Clk Council. 

Col° Addison and Captain Masons Letters are herewith 
likewise sent for Perusall of the House Brought from the 
House of Burgesses by M r Jenkins M' Scarborough and M r 
Ferry the following message viz' 



By the House of Burgesses July 2 d 1696. 

This House humbly Represent to your Excellency that 
there are at this time in Custody of the Sheriff of Ann Arun- 
del County one white Woman Servant and two Indians for 
murther or suspition of murther therefore we humbly Suppli- 
cate your Excellency that you would be favourably pleased to 
take such measures therein as your Excellency shall think fit 
to Exonerate the Country from such Charge as may arise by 
long detaining them in Custody 

Signed -p Order W Bladen Clk Assembly 

Ordered that the House of Burgesses and Lawyers be 
Consulted therein to know whether the said Indians can be 
tryed by our English Laws under the Circumstances they 
now lye under 

July the 3 d 1696. 

The House of Burgesses are made acquainted that his 
Excellency is minded to Confer with them about some matters 
relating to the Indians now come to Town and the two 
Indian prisoners, did therefore advise that he would come 



384 Assembly Proceedings, July 1-10, 1696. 

U. H. j. down with his Majesty honble Council to the Court House 
where he required the House to attend him thinking that the 
fittest place for Reception 

At which place his Excellency and Council together with 
the House of Burgesses being accordingly met it was resolved 
upon that all the Indians now come to Town should be 
sent for several heads of discourse being agreed upon what 
was to be Offered unto them 

They are sent for and accordingly come and the whole dis- 
course being fully ended it was Ordered that Copies of the 
same should be writt out & one thereof delivered to the 
Emperor another to Col Addison & another to Major Small- 
wood the which follows in these words viz' 

Port of Annapolis 1 An Account of Proposalls made to the 
in Maryland ss' j Emperor of Piscattoway and his Great 
men the King of Choptico and his Great men and the King 
of Pomunky and their Great men through the advice and in 
the Presence of his Majestys honble Council and House of 
Burgesses the third day of July Anno 1696 

The aforesaid Indians being all present a certain Indian 
called King Calvert King of Choptico and an Indian called 
Mountogue who understanding English were appointed Inter- 
preters &c 

1 His Excellency is pleased to Acquaint by the said 
Interpreters the Pomunky and Choptico Indians that they are 
required during this time of War to £0 under the Emperor of 
Piscattoway and live together for which his Excellency intended 
to give the said Emperor a Commission 

The Indians make answer and say they are very willing and 
do Agree to the same but cannot come under the Emperor 
immediately by reason they have now planted their corn there- 
fore it is Ordered that they go at the fall 

2 They are told that if they dont like this Proposall at the 
end of the War if they but come and Acquaint his Excellency 
therewith they shall be restored Again as they were 

3 They are advised to live Lovingly and friendly together 
and not quarrel and fight all which they say they will Observe 

4 They are told not to go beyond the Garrison during this 
time of Warr without taking a Pass from the Governor of the 
Port. Agreed to by the Indians 

5 ^ They are told the Garrison will be maintained though 
his Excellency raise 500 men and come and live there himself 

6 I hey are told to hold no correspondence with any 
Foreign Indians without they give notice to some of the 



Assembly Proceedings, July i-io, 1696. 385 

Magistrates thereabouts that can speak Indian and they are to u. H. J. 
discover who they are agreed to by the said Indians 

7 It is signified to them that those Indians living upon the 
Branches of Potomack have been sent to and that unless they 
come down they will be deemed as Enemies and dealt with 
accordingly 

8 They are forewarned from ever entertaining or harbour- 
ing the Anacostin King but that they endeavour to apprehend 
and take him for which they shall be rewarded if they take 
him. The Indians ask how many matchcoats they shall have 
for taking of him who are answered twenty 

9 They are asked that upon Proviso the Young Indian 
now in Prison were Released whether they would be his 
security who do say they will they being well satisfied that he 

is an honest man and had no hand in the murther. But as p. 892 
for the Old Indian they can say no Good of him 

I o They are told that his Excellency understands they have 
had some disputes with the English about the Bounds of their 
land proposed to them that if they would sell any of their 
Lands to the English his Excellency would give his Leave and 
Consent thereto. The Emperor Agrees thereto and is willing 
his Excellency telling him and the rest that what Land they do 
sell if. they do but go to Col Addison Col Courts Major 
Smallwood or M r Barton they will see that they shall have 
right done them for Satisfaction for the same 

I I They are told that all the matters and proposalls that 
have been made to them now is the sence of the whole Country 
for that there are Gentlemen from all Parts of the Country 
here besides the Gentlemen of his Majestys honourable 
Council 

1 2 The Young Indian Prisoner is brought and the Emperor 
and his Great men are told that in regard they have assured 
that he is an honest man and are now become his Security for 
his good behaviour and that they have promised to Apprehend 
the Anacostin King they do therefore release him and he was 
accordingly released 

The Case about the Legality of trying the other Indian by 
our English Laws being put and debated the House are 
unanimously of Opinion that the said Indian ought to be tried 
by our English Laws: so the Conference broke up several 
Attorneys of the Provincial Court and other Gentlemen pro- 
fessing the Law being sent for up to the Council Board to 
Consult and Advise concerning the trial of the said Indian and 
English woman now in Custody &c how they shall be tried 
and accordingly appeared M r Cheseldyn M r Smith M r 



386 Assembly Proceedings, July 1-10, 1696. 

u. h. j. Gouldesborrough and M r Clark M r Attorney and M r Solicitor 
General being not yet come to Town. 

They are acquainted that their Advice is required in a Case 
concerning an Indian and English Woman now in Custody 
upon Suspition of murther what proper methods were best to 
be taken for trying the said Persons who (after some debate 
thereupon had) do say that the most proper best method will 
be for a Special Commission of Oyer and Terminer to issue 
for the said end and purpose to terminate by a Certain pre- 
fixed day and that summons issue for a Grand and Petty Jury 
to be called &c according to the usual Custom and practice of 
the Provincial Court Ordered thereupon as it is hereby Ordered 
that Special Commission issue out of the Secretarys Office for 
trial of the said Indian and English Woman Constituting and 
Appointing the said Gentlemen (that are now in the Commis- 
sion of the Provincial court to be Justices and Commissioners 
for the said end and purpose and that the Clerk of the pro- 
vincial Court be also therein constituted Clerk for the said 
special court and that the said Court by virtue of the said 
commission do meet and sit at the Port of Annapolis on Mon- 
day next by nine of the Clock in the morning and terminate 
the Wednesday after at the farthest and that the Venire for 
the Grand and Petty Jury do immediately issue out of the 
Provincial Office for their appearing &c on the said monday 
at the time and Place prefixed that the Court may then pro- 
ceed to trial 

Saturday July the 4" 1 1696 The Council again sate & were 
Present as before 

Proposed that an Ordinance pass for to Oblige the Justices 
of the several County courts to sit in court twelve Hours in 
Summer and Eight in Winter every day otherwise to be paid 
Accordingly and that the Clerk keep an Exact Account of their 
complying therewith and of what Justices are present or Absent 
and that they dont adjourn unless upon extraordinary Occa- 
sion 

p- 893 The said Proposall came answered as follows viz' 

By the House of Burgesses July 3 d 1696 

This House are of Opinion that the Commissioners of 
the several County Courts are by their oaths sufficiently obliged 
to do their duties and dispatch Business without such 
restrictions especially considering the said commissioners have 
power to fine their Brethren omitting their duties 

Signed -p Order W Bladen Clk Assembly 



Assembly Proceedings, July i-io, 1696. 387 

The which being read his Excellency was pleased to say that u. h. j. 
He hoped the said Commissioners would for his Majestys 
Service and their own Credit duly Observe to Comply with 
the said proposall and does Order by advice in Council as it is 
hereby ordered that the Clerks of the said Countys Courts 
keep an Exact Account of the said Justices sitting from time 
to time to be returned unto his Excellency at the Port of 
Annapolis together with Copy of the County Leavies therein 
expressing the reason of every particular Article Allowed 
Signed p Order Hen Denton Clk Council. 

Read the following Resolve sent from the House viz' 



Die Veneris 3 d die July 1696 

Resolved by the House that Major Thomas Smithson pub- 
lick Treasurer of the Eastern Shore pay unto Col° Charles 
Hutchins fifteen Pounds Sterling in part of what is due to him 
from this Country for Provision &c & take his Receipt for the 
same 

W Bladen Clk Assembly 

Assented to by his Excellency and Council 

Hen Denton Clk Council 

Brought by Captain Hill and five other members of the 
House the following Bill viz' An Act for the Service of 
Almighty God and for the Establishment of the Protestant 
Religion within this province The which was read several 
remarks made thereon and was set aside to be further consid- 
ered and read to morrow 

Brought from the House of Burgesses by M r Smith and 
three other members an address drawn up to his Sacred Maj- 
esty congratulating the wonderful deliverance and preserva- 
tion of his Royal Person from the late Conspiracy and Intended 
Assassination. 

The same was well Approved of and signed by his Excel- 
lency and his Majestys honourable Council & afterwards 
returned to be signed by the several members of the House 

Read a Petition of the honourable Col Henry Jowles Chan- 
cellor relating to his fees for Sealing Coroners Commissions 
Ordered that the same be referred to the House of Burgesses 
for their allowance 



388 Assembly Proceedings, July 1-10, 1696. 

U.h.j. Monday July the 6 th 1696 The Council Again Sate and 
were Present as before. 

Read the following Bills presented from the House viz' 

A Supplementary Act to the Act for Raising a Supply for 
defraying the publick Charge of this province read first time 
and Passed without Alteration 

An Act for Assessing and setling the Clerk of the Councils 
fees within this Province will pass with Amendment 

An Act for Sanctifying and Keeping Holy the Lords day 
commonly called Sunday will pass with Amendment 

Brought from the House of Burgesses by M r Crawford and 
M r Frisby the following Letters and Bills Viz' 

A Letter to his Grace the Arch Bishop of Canterbury read 
and well Approved of 
p. 894 A Letter to the right Honourable the Lords of his Majestys 
most honourable Privy Council read and well Approved of 

A Letter to the right Honourable and right Reverend the 
Lord Bishop of London read and well Approved of 

A Letter to his Excellency the Governor of New York read 
and approved of which said Several Letters were signed by 
the Honourable Col Henry Jowles Chancellor on behalf of his 
Majestys Honourable Council and Kenelm Cheseldyn Esq r on 
behalf of the House of Burgesses 

An Address to his most Excellent Majesty Concerning Free 
Schools in this province read first time and passed 

An Act for reviving the temporary Laws of this province 
read and will pass if upon Examination of the former Acts the 
same be right and the same being Examined do find the Act 
for speedy Justice and Encouragement of Trade a Perpetual 
Law therefore to be Remarked 

Drawn up by Order the following Proposall which was sent 
to the House of Burgesses viz' 

By his Excellency the Governor and Council &c July the 6 <h 
1696. 
Proposed that the House send some further Supply towards 
the Assistance of his Maj stys Government of New York pur- 
suant to the Governor of New Yorks last Letter now lying 
before the House for their Consideration his Excellency being 
willing to lend the Country money upon that occasion if 
wanting 

Signed -p Order Henry Denton Clk Concil. 



Assembly Proceedings, July i-io, 1696. 389 

The said Proposall came answered thus viz' u. H. j. 

By die House of Burgesses July 4 th 1696 
This House humbly thank his Excellency for his Generous 
Offer but considering how much they are already Engaged to 
his Excellency for money already by him advanced upon that 
Acco' and how uncapable they are at present to reinburse him 
and conceiving themselves to have sufficiently advanced 
towards the Assistance of New York especially having paid 
to that Government 130 1 odd pounds more then what his 
Sacred Majesty had been Graciously Pleased to declare should 
be in lieu of the Quota from this province do not think them- 
selves obliged any way to Contribute thereto until his Maj- 
estys Royal Pleasure shall be declared therein which this 
Province with all Obedience will wait for 

Signed p Order W Bladen Clk Assembly 

Proposed to the House that an Address be drawn up to his 
Majesty about New York and a Letter writt to M r Blathwayt 
and M r Povey and if they think fitt to employ either of the 
said Gentlemen to sollicit their Affairs his Excellency will 
Lend the Country Money to do the same if wanting 

Read again the following Bill viz' An Act for the service of 
Almighty God and the Establishment of the Protestant Reli- 
gion within this province and being taken into Mature Con- 
sideration proposed that the Remarks thereon made being 
amended and if they will say therein according to the Ecclesi- 
astical Fundamental Laws of England instead of Fundamental 
Laws it will pass 

The said Bill with the others were returned to the House in 
Order to be Fair Engrossed 

The following Message being by Order drawn up was sent 
to the House Viz' 

By his Excellency the Governor and Council &c July the 6 ,h 
1696. 
His Excellency having received Information upon a Com- 
plaint made by one M r Lumley how that M r John LLewellin 
had charged him the said Lumley as one of the Conspirators 
employed about the Intended Assassination against his Maj- 
estys Sacred Person such discourses and Reports being held 
by this Board as matter of Dangerous Consequence to the 
Government therefore proposed whether it be needful as Cir- 
cumstances of Affairs now stand that upon the said Report all 
the Roman Catholicks in the province be secured and dis- 
armed and whether the same will be to his Majestys service v . 895 
and quiet of the Country. 

Signed -p Order Hen Denton Clk Council 



390 Assembly Proceedings, July i-io, 1696. 

u. h. j. The said message came back underwritten thus viz' 

This House thinks there is no Occasion thereof for that this 
Province is God be thanked very peaceable and quiet 

P Order W Bladen Clk Assembly 



Tuesday July the 7 th 1696 The Council again sate and 
were Present 

His Excellency Francis Nicholson Esq r Captain General &c. 

( Col George Robotham Col° Charles Hutchins ) 

the honble < Col° Nich Greenberry Col David Browne > 

( Thomas Brooke Esq r j 

Brought from the House of Burgesses by M r Clark Major 
Hammond M r Frisby and M r Crawford the following Message 
viz 1 

By the House of Burgesses July the 7 th 1696 

We have with the utmost diligence and Care Considered 
of the Bill lying before us relating to the Establishing the 
Protestant Religion in this Province which we have proposed 
to pass as it is already penned but in regard your Excellency 
approves not the same without some Alteration and this 
House cannot at present Recede from their former Resolves 
therein and it appearing to us a matter of Great moment as 
can come under our Consideration we desire that the further 
proceeding as to the accomplishing the same may at present 
be referred till another Assembly that thereby we may sev- 
erally and separately consider the same 

Signed p Order W Bladen Clk Assembly. 

His Excellency is pleased to acquaint the Board there being 
a thing of two different natures contained in the said Bill his 
Majesty will in no wise consent to the Passing thereof and 
that besides it is the Opinion of his Majestys Attorney Gen- 
eral and other Learned Lawyers in England that those words 
of the People enjoying their rights &c according to the funda- 
mental Laws of England (as the Law is now Penned) would 
occasion them to carry all their causes to Westminster Hall 
therefore considered that in case the House persist in their 
Resolutions therein) whether it will not tend to his Majestys 
Service that they be dissolved yet however that they be Pro- 
rogued for one day for a further Trial first which was thought 
convenient after they had dispatched all other matters now 
lying before them 



Assembly Proceedings, July i-io, 1696. 391 

Came from the House of Burgesses Col° Pearce and Major u. h. j. 
Ennalls who signify that they are sent to acquaint his Excel- 
lency that if his Excellency & Council have any thing to Offer 
to the House they are ready to receive it otherwise the House 
are upon adjourning who are told that there is nothing at 
Present 



Wednesday the 8"' 1696 The Council Again Sate and were 

Present 

His Excellency Francis Nicholson Esq r Captain General &c. 

f Col George Robotham Col David Brown Col 
the honble 1 Nich Greenberry Col° Charles Hutchins 
( Thomas Brooke Esq r 

Read the following Resolves viz' By the House of Bur- 
gesses July the 8 th 1696. 

His Excellency's Proposall relating to the advancement of 
this Port Ordered to be drawn into an Ordinance of this 
Assembly and an Act to be drawn therefore upon the meet- 
ing of the next Sessions 

Upon the Petition of several the Inhabitants of Dorchester 
county voted and Resolved the Act against Striking Fish in 
Dorchester and Somerset County be Repealed 

Signed p Order W Bladen Clk Assembly 

Brought from the House of Burgesses by Col Codd Cap- p Sg6 
tain Tasker & M r Clark the following message viz 1 

To his Excellency the Governor in Council &c. 

By the House of Burgesses July the 8 th 1696. 

We did yesterday by our written message address our- 
selves to your Excellency in Council concerning a Bill Lying 
before us touching which we desired further time to consider 
to which your Excellency has not yet been pleased to Give us 
answer we humbly pray your Excellency to be assured that 
what we have done or desired proceeds from honest Hearts 
and earnest desires as well to the Service of Almighty God 
and his Majestys as to our own rights and Liberties and 
therefore your Excellency will so understand us & give an 
Answer to our former Message 

Signed p Order W Bladen Clk Assembly 



392 Assembly Proceedings, July i-io, 1696 

j. An Answer thereto was drawn up as follows viz 1 

By his Excellency the Governor and Council &c July the 8 th 
1696. 
The message last night by M r Clark Major Hammond &c. 
was received as also that by Col° Codd Captain Tasker and M r 
Clark this morning sent wherein the House prays some 
further time to consider of a certain Bill therein mentioned 
this Board do therefore Recommend that they dispatch the 
other Business now lying before them and Bring up the sev- 
erall Bills engrossed that some speedy end may be put to this 
present Sessions 

Signed p Order Hen Denton Clk Council. 

The said Message was sent by the honble Col Robotham 
Col° Greenberry Col Hutchins & M r Brooks who return and 
say they delivered the same. Came from the House of Bur- 
gesses M r Crawford and M r Frisby who acquainted his Excel- 
lency that the House is ready to come up and desire to know 
whether they may have admittance who are told they may 

Came accordingly M r Speaker attended with the whole 
House who present to his Excellency an Address of thanks 
Drawn up to his Sacred Majesty for being Graciously pleased 
to take of the Quota of men commanded from this province 
towards the Assistance of New York &c the which was signed 
to by his Majesty's honble Council and House of Burgesses. 
Afterwards Presented the following Bills for his Excellencys 
Passing which were severally perused and Assented to by his 
Majestys honourable Council the Amendments proposed 
being therein agreed to be altered the Titles whereof are as 
follows viz' 

An Act for Sanctifying and Keeping Holy the Lords day 
commonly called Sunday 

A Supplementary Act to the Act for raising a Supply for 
defraying the Publick Charge of this pro vs 

An Act prohibiting all manner of prophane Swearing and 
cursing 

An Act for Assessing and setling the Clerk of the Councils 
fees within this province 

An Act reviving the Temporary Laws of this province 

An Act for Repealing a Certain Law against Striking of 
Fish in Somerset & Dorchester County 

An Act for Assessing the Publick Leavy of this Province 

An Address to his most Sacred Majesty Concerning Free 
Schools in this Province the which were Passed under the 
Broad Seal of the Province in Presence of the whole Assembly 



Assembly Proceedings, July i-io, 1696. 393 

his Excellency signifying his Assent thereto by signing them u . n. j. 
with this Indorsement viz' 

July the 8 th 1696 

On the behalf of his Majesty King William the third I will 
these to be Laws 

Francis Nicholson 

Afterwards his Excellency was pleased to tell them that the 
Bill here presented Relating to Religion had been considered 
and that he is sorry to find them so stiff in a matter of that 
nature which as it is now drawn his Majesty will not Assent to 
for that His Majesty has declared he will not Assent to any 
Law that contains things of different nature in it as this does 
wherein they joyn Eclesiastical & temporal matters together 
being pleased also to signify that he hopes they dont question 
his Majestys hindering or debarring them of any priviledges 
due to them as Englishmen who came over to preserve and is 
now actually engaged for the defence of their Liberties and 
that if they question himself they are Obliged to declare it and p. s 97 
to draw up a Law by it self which might explain the rights 
and priviledges they require for that if such a Law should 
pass as they have now drawn it wherein they claim their privi- 
ledges according to the fundamental Laws of England they 
must go with their Causes to Westminster Hall according to 
the Opinion of the Kings Attorney General and other 
Learned Lawyers in England which they would do well to 
Consider and whether the course they are now taking would 
not instead of Gaining the People a Liberty enslave them the 
more therefore his Excellency yet hoped that they would con- 
sider these things and not make good the old English proverb 
upon themselves viz' of being Like the Cow that gives a good 
Pale of milk and kicks it down with her Foot for that it is 
Confessed this Assembly has been instrumental in making 
many good Laws which is hoped will tend to the Glory of 
God the Kings Honour and the good and Welfare of the 
Country but by Leaving Religion at this rate unsetled undoes 
all again therefore was pleased to prorogue them till the ninth 
Instant the which stands accordingly prorogued. 



At a Council in a General Assembly According to Proroga- 
tion mett & held the ninth clay of July in the eighth year of 
the reign of our Lord King William the third &c Annoq 
Domini 1696 Present 



394 Assembly Proceedings, Jtily i-io, 1696. 

U. u. j. His Excellency Francis Nicholson Esq r Captain General &c 

The honble Col° George Robotham Col David Brown Col 
Nich Greenberry Thomas Brook Esq r Col° Charles Hutchins 
James Frisby Esq r 

Came from the House of Burgesses Major Thompson M r 
Hemsley who signifying that the House is met according to 
his Excellencys Prorogation and were sent to know if his 
Excellency had any thing to impart to the House 

They are told if the House will come up this Board are 
ready & will acquaint them 

Came Accordingly M r Speaker Attended with the whole 
House his Excellency was pleased to tell them that he had 
taken this method of Proroguing the Assembly for so short 
time that he might put the Country to as little Charge as Pos- 
sible and that the Bill which they had before them relating to 
Religion he does acquaint them as the same is now Penned 
the King will not pass his Assent thereto it consisting of a 
thing of different natures and that the King has declared he 
will not pass any Laws where there are matters of different 
natures contained and does therefore Recommend that they 
would take Again into their consideration the said Bill hoping 
they dont question either his Majesty or himself will ever 
break in upon their Liberties and if they know of any such 
thing they would do well to declare it and that if they would 
draw up a Bill and therein sett forth their Liberties or what 
else they require touching that matter he would Assent to the 
same and use his utmost interest to get his Majestys Royal 
Assent thereto likewise 

His Excellency is further pleased to tell them that as they 
have already been instrumental in making many good Laws 
they would not by neglecting this main point of setling Reli- 
gion among them undo all again without which the other 
matters could not well Subsist therefore yet hoped that as 
God Almighty moved the hearts of the Children of Israel to 
call back David to be their King so he hoped their Hearts 
will be opened to consider of Drawing up this Bill in that 
nature as it may obtain his Majestys Royal Assent which will 
tend to the Glory of God the Honour of the King and good of 
themselves and Posterity praying God Almighty may direct 
them herein. 

p. 898 Brought from the House of Burgesses by Major Dent and 
Eleven other members of the House the following message 
viz' 

lhe Messengers desire to know whether they may wait for 
an Answer who are told that an answer shall be given them 
presently and so they withdrew 



Assembly Proceedings, July i-io, 1696. 395 

By the House of Burgesses July the 9" 1 1696 \ 

We have with our utmost care and scrutiny considered the 
Clause in the Law for Religion and as we are earnestly 
desirous to Propagate the same out of the sence of our Duty 
to God Loyalty to his most sacred Majesty and imitation of 
his Excellencys most noble and worthy Example so we Con- 
ceive we ought not altogether to be unmindful of the rights 
and Liberties of our selves and those we represent 

We are earnestly desirous rightly to understand his Excel- 
lency and to be rightly understood by him and therefore have 
endeavoured to find out an Accommodation of words that 
may answer all intents by putting in the words Laws and 
Statutes of England instead of the words Fundamental Laws 
of England. 

We are not in the least doubtful of our Liberties or rights 
being infringed by our Gracious Sovereign or our noble and 
worthy Governor and do Sincerely acknowledge that his 
Excellency Governs by the fairest measures and freest Admin- 
istration of the Laws that we are Capable of understanding 
and therefore have not any Apprehension of his invading our 
rights and Priviledges. We firmly believe ourselves and 
those we Represent to be within the benefit of all Liberties 
and Priviledges of English free born Subjects being Granted 
to this Province by his Majestys Royal Predecessor Charles 
the first King of England and Generally used in the Govern- 
ment of this Province 

We believe our Sacred Sovereign exposed his Royal Per- 
son to hazard for Preservation and maintainance of the rights 
and Liberties of those dominions to which we belong and 
therein has been perpetually protected by an immediate 
Finger of God against all the Attempts of his Enemies to the 
contrary 

And therefore as it has been always usual for Parliaments 
under Gracious Good Kings to have reiterated and Con- 
firmed to them their Antient Rights and Liberties both in 
Church and State which we find by experience they have fre- 
quently prayed for and Obtained we cannot distrust but his 
Majesty will Graciously confirm the same to us at our humble 
motion and therefore we humbly offer these reasons why that 
Clause may be continued in the Law 

1 We find that King Henry in his Grant of the Great Charter 
annexed the Priviledges and Liberties of the Church and 
State together by comprizing them in one Grant tho in sev- 
eral Paragraphs or Chapters therefore we hope his Sacred 
majesty will Accept of our imitation thereof and cannot but 
believe us to be unmindful of ourselves if omitted by us. 



396 Assembly Proceedings, July i-io, 1696. 

u. H. j. 2 We find the same again Joyned in one Charter to the 
Lord Baltimore for the seating this province viz' the Propoga- 
tion of the Church and the Liberty of the Subject declared in 
the same Charter 

3 We find that when his Majesty was pleased to take the 
Government of this Province into his Hands the first Law that 
was made here was declaratory of the rights and Liberties of 
the Church and the Subject also contained in one and the 
same act 

And if we after all these and many more Examples of the 
like nature which in this Juncture have not time to Collect we 
should as we Earnestly endeavour to propogate & maintain 
our duty to God and the King and forget those as we repre- 
sent we must believe we are wanting to ourselves since they 
have not in any thing we have seen been yet Separated we 
humbly desire they may be Joyned and not omitted in this 
and therefore we humbly desire that these our Reasons may 
be taken into Consideration and we pray to God to bless us 
and our Posterity as our consciences witness our Integrity in 
this matter 

Signed -p Order W Bladen Clk Assembly 

p. 899 The said message being read as also the Clause in the Bill 
relating thereto his Excellency is pleased to start the question 
what is meant by those words according to the Statute Laws 
for that they are of a Large Extent therefore will want Expla- 
nation and it being debated for some time the messengers are 
sent for in who accordingly came 

They are asked what is meant by those words (according 
to the Statutes of England) to which M r Dent answered that 
he has no commission from the House to say any thing in 
that matter but (according to his own private sence) does say 
that he takes this to be the meaning viz' that where the Laws 
of this province are silent Justice shall be administered accord- 
ing to the Laws of England pursuant to an Act of Assembly 
of this Province 

His Excellency is pleased to signify to them that the Par- 
liament of Ireland have thought fit to Enumerate by a Law 
what Statutes of England shall be in force in that Kingdom 
and that they would do well to acquaint the House and Con- 
sider of it whether such General Words may not rather be a 
Grievance to the people than otherwise they take Leave and 
Depart 

Brought from the House of Burgesses by Major Thomp- 
son and nine other members the following message which was 
read viz 1 



Assembly Proceedings, Jtily i-io, 1696. 397 

By the House of Burgesses July 9 th 1696 

It is Represented to us by the messengers last sent that his 
Excellency was pleased to Give caution to this House that the 
Clause in the Act of Religion should be explained what was 
meant by the Words Statutes and Laws of England and 
requested that the House should explain themselves so as to 
make the words answer the ends Intended for which they 
humbly thank his Excellency and pray that to the former 
Words in the Act these words may be annexed (in all mat- 
ters and Cases where the Laws of this Province are silent) 
with which words we pray the said Bill may pass 

Signed p Order W Bladen Clk assembly 

By his Excellency the Governor and Council July 9 th 1696. 

Ordered that the several Lawyers in Town return under 
their hands unto his Excellency in Council (with all Imagin- 
able Expedition) in writing whether in the new bill drawn up 
relating to Religion &c a Clause therein incerted touching the 
Liberty of the Subject does not thereby give right to any per- 
son in case of meum and tuum to remove his cause to West- 
minster and whether upon the Statute of Magna Charta a 
man cannot demand to carry his cause to the court of common 
Pleas at Westminster 

Signed p Order Henry Denton Clk 

To his Excellency the Governor 
In Obedience to this Command I am humbly of Opinion 
that the said Clause in the said Bill does not give right to any 
Person to remove his Cause to Westminster Hall to the court 
of common pleas there, by Reason of the saving in the said 
Bill and the other Laws of this province direct how and where 
Appeals shall be made Conformable to his Majestys Instruc- 
tions therein which is humbly submitted to your Excellency 
by Your Obedient Servants 

Geo. Plater William Dent 
Phill Clarke James Crauford 
W n Hemsley 

I humbly conceive that as his Majesty hath full Power to 
erect courts so to limit the Jurisdiction of the same to any 
particular Persons or Places as he pleases and that he hath by 
his Excellencys commission and the Laws of this Province 
done the same here & ought not to be removed hence con- 
trary to the same 

Kenelm Cheseldyn Robert Smith 
Edward Boothby 



398 Assembly Proceedings, July i-io, 1696. 

u. h.j. July 10 th 1696 The Council Again Sate and were present 
as yesterday 

Brought from the House of Burgesses by Major Thompson 
and three more of the House the following message viz' 



By the House of Burgesses July 10 th 1696. 

Upon his Excellencys Proposalls Resolved by this House 
that if M r Blathwayt and M r Povey do get our Act of Religion 
and Free Schools passed the Royal Assent this House will 
Gratify M r Blathwayt with a Reward or Gift of 50 Guineas and 
M r Povey with 50' Sterling 

This House have Resolved that the Publick Treasurer of 
the Western Shore send M r Yard two Guineas for putting 
our Address into the Gazett 

W Bladen Clk Assembly. 

His Excellency is pleased to demand of the Board whether 
they have any further to Offer to the Assembly or in Council 
who say they have nothing further 

Then taken into Consideration (after the Act of Religion is 
passed) what time to Prorogue the Assembly to and it is con- 
cluded upon and Resolved that they be Prorogued until the 
16 th day of September next but if the Fleet should not come 
in by that time that then they be further Prorogued by Procla- 
mation 

This House having received advice that this Board is ready 
to receive them came up Accordingly and brought the Bill 
relating to the Service of Almigh'ty God and the Establish- 
ment of the Protestant Religion within this province fair 
engrossed the which after being Carefully Examined by the 
Originall and the severall Amendments therein proposed 
found corrected was assented to by his Majestys honourable 
Council 

Then his Excellency was pleased to sign and Pass the same 
under the Broad Seal of the Province with this endorsement 
viz' 

July io lh 1696 

On behalf of his Majesty King William the third I will this 
to be a Law 

Francis Nicholson 

Then his Excellency acquainted them that he had considered 
with his Majestys honourable council of Proroguing of the 
Assembly till the 1 6 th of September next but in case the Fleet 
should not come in by that time that then they should be 



Assembly Proceedings, Jzily i-io, 1696. 399 

further Prorogued by Proclamation and the Assembly was u. H. j. 
accordingly prorogued until the i6 ,h day of September next 
So ended this Sessions of Assembly 
Hen Denton Clk Concil 



A list of Bills of Exchange taken from Major Smithson July 
the 10 th 1696 



tin") 

mt I 
J 03. 



1 Set of Bills of Exchange drawn by Richard ) 

Cheshire on M r John Duddleston of Bristol j 16.. 19.. 00. 

1 Set of Bills of Exchange drawn by John 
Lowry on Captain Antho: Shaton merchar 
in London 

1 Set of Bills of Exchange drawn by Abra- 
hamTrickett on Benjamin Brane of London 
for ) 06.. 00.. 00. 

1 Set of Bills of Exchange drawn by Thomas 
Ennals upon Samuel Groome of London \ 
for J 14.. 13.. 04 

1 Set of Bills of Exchange drawn by John 
Marshall on Richard Haughton merchant 
in Liverpool for J 02.. 09.. 05 

1 Set of Bills of Exchange drawn by John 
Goddin on Samuel Groom merchant in 
London ) 01.. 02.. oo*/£ 



Total 44.. 17.. 09^ 



Writ underneath the said List by me Fr Nicholson 

July the 4 th 1696 

Received then of Thomas Smithson Treasurer on the 
Eastern Shore the sum of Fifteen Pounds two Pence half 
Penny by Virtue of an Ordinance of Assembly in part of a 
Greater debt due to me from the Publick I say Received 
by me 

Charles Hutchins 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND. 



At a Session held at Annapolis, 
Jtily i- July 10, 1696. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE LOWER HOUSE. 



Maryland ss : Original 

3 Journal. 

Porte of Annapolis July the i 5 ' 1696. 
Journall of the House of Delegates in Assembly. 

Whereas the Gen" Assembly of this province was by his 
Ex cy Francis Nicholson Esq r his Maj ,ys Cap' Gen" and Gov r in 
chiefe of this Province and the Territories thereto [belonging 
pro]rogued from the fourteenth day of May last unto the [first 
day of July] to the said prorogation this day appeared in the 
[house the following m] embers, Viz' 

M r Speaker, Col. Hans Hanson, Col John [Hutchins,] 
Major Thomas Smith, Major John Hafnond, M r James [Saun- 
ders, Capt Edw d ] Hill, M r Thomas Tasker, Major Edw d 
Dorsey, Major [James Smallwood M r Henry] Hawkins, M r 
Willm Hutchison, Cap' John Ferry, M r Rober[t Smith, Ma]jor 
Thomas Smithson, M r Willm Hemsley, Colonel S' Leiger 
Codd, Col: Ninian Beale and M r Willm Hatton. 

Colonel S' Leiger Codd, and Major John Hafnond sent to 
acquaint his Ex cy the house is met according to the last proro- 
gation. 

M r Henry Denton, Clarke of his Maj' ys hon ble Councill came 
to the house and signified that his Ex cy required them to attend 
him at the Councill chamber. 

And thereupon the house adjourned thither to wayte upon 
his Ex cy where being admitted 

His Ex cy acquainted them that soon after the last proro- 
gation he had received Severall pacquetts of Lres from Eng- 
land, Viz' One from the Lords of his Maj ,ys most hon ble privy 
Councill wherein they Signifyed the Discovery of a most 
horrid Conspiracy for assassinating his Maj tys sacred pson and 
Subverting his Government. Also acquainted the house that 
upon discovery of the said plott the parliament then Sitting 
in England had addressed his Ma' y and entered into an 
association to defend his Royall person, his crowne, and 
dignity ag' the late King James and all others his Enimies, as 
also to revenge any untimely accident that might happen to 
his said Ma' y by reason of any such trayterous designes 

That he did not doubt but that their Loyalty and Zeale to 
his Ma' ys Service would induce them to follow the good 
example of their patriotts the Parliam' of England. And that 



404 Assembly Proceedings, July i-io, 1696. 

iginai he was willing the Gen" Assembly should make the first 
urnai. ac id resS) an d afterwards the Severall Countyes. 

Then his Ex cy acquainted them that he had taken care and 
sent for England the Severall Lres and addresses, as also the 
Laws made the last sessions, and then gave them Severall 
printed papers relating to the news and Trade of England for 
their •pusuall. 
P . 2 Whereupon M r Speaker and the rest of the Members 
returned to the house and adjourned themselves untill 6 of the 
Clocke to Morrow Morning 

Thursday July the 2 nd 1696. 

The house being met, was ordered to be called over and 
the following members were absent, Viz' M r Watson, Cap' 
Waughop Major Dorsey, Cap' Hill, Cap' Tasker, M r Crawford, 
Major Dent, M r Boothby, M r Jenkins, M r Scarborough Mr D 
Bosman M r Hooper, M r Hicks, M r Pollard, Major 
Ennalls, and Major Thompson. 

M r Jenkins, M r [Scarborough,] and all Dorsett County 
Burgessess enter the [house.] 

Resolved M r Spea[ker issue] Warr ts to the hon ble his Ma' ys 
Secretary of this province to [presents] Writts for the Election 
of two Burgesses in S' Mary's County, one in Calvert County, 
one in Baltemore, one in Talbott, one in Caecill, and one in 
prince Georges County in the place of M r Robert Mason, Cap' 
John Bayne, M r George Lingham, Major James Maxwell M r 
Nicholas Low and Col. Willm Peirce now Sherriffs of the af d 
Countys. 

Comittee of accompts appointed and sent out. 

M r Robert Mason, Major Thomas Smith, and M r John 
Pollard. 

Comittee of Laws appointed and sent out. 
M r Philip Clarke, Major Thompson and Col: Codd 

Upon proposall from his Ex cy Resolved that the s d 
Comittee draw up the Acts of Religion anew and abreviate 
the same. 

Voted and Resolved unanimously that this house doe 
address and congratulate his Ma' ys happy deliverance from the 
late trayterous designed assassination. 



Assembly Proceedings, July i-io, 1696. 405 

Original 
Journal. 



The house adjourns for two hours, 
post Merediem. The house met again 



M r George Ashman appears as a Representative of Balte- 
more County and is ordered to take his place. 

Resolved the following Message be sent to his Ex cy 
By the house of Burgesses July the 2 nJ 1696. 

This house humbly represent to yo r Ex cy that there are at 
this tyme one white serv' woman and two Indians in 
the Custody of the Sherriff of Ann Arundel County for 
Murther or suspition thereof. 

Therefore we humbly Supplicate your Exc ly that you would 
be so favorably pleased to take such measures therein as your 
Ex cy shall in your Wisdome think fitt to [Exonerate the County] 
from such charges as may arise from long detey[ning them in 
Custody] 

Signed -p Ord r 
W. Bladen Clk: Assembly 

Sent p M r Jenkins, and M r Scarborough. — [and who are 
ordered] to acquaint his Ex cy that this house desire [his Ex cy 
to send] downe some of his Ma' ys hon ble Councillto administer 
the oaths appointed by act of parliament to M r George Ashman, 
elected a Burgess for Baltemore County. 

Cap' Tasker, M r Crauford and M r Dixon enter the house. 

The hon ble Col: George Robotham and Col Charles Hutch- 
ins came downe from his Ex cy and administered the Oaths 
appointed by act of parliament unto the afd. M r Ashman who 
Subscribed the test. 

Also the said Gent" of his Ma tys hon Me Councill brought the 
following proposalls from his Ex cy upon which the house 
debated and resolved on as followeth, Imp" That all the Indian 
Land be adjusted and the bounds ascertayned Referr'd to 
the Consideration of the next Assembly for a Law to be made 
for ascertaining thereof. 

2 d That all Ma" of Shipps for the future coming in give an 
ace' to the Collectors and Navall officers upon Oath what 
Lres they bring in with them as also of what goods are con- 
signed to any persons. Assented to by the house. 

3' 1 What to be done with the Shipps left behinde in the 
Country. 

Thought it will be for his Ma' 1 ' 5 Service they be permitted to 
Sayle as fast as got ready 



406 Assembly Proceedings, July i-io, 1696. 

original 4. If the proclamation ag' exportacon of Corne, shall be 
journal. ta ^ eI1 ff i t being likely to be a good year. The house desire 
it may be further continued 

5. What to be done with the 2 Indians and white woman 
now in prison. 

The house desire his Ex cy will grant a Spiall Comcon of 
Oyer & Terminer for their Tryall. 

6" 1 That the house would -pmitt Col Beale to go home to 

take all necessary care about the Indians as he sees occasion. 

Assented to by the house 

p. 4 7. Recommended Col: Beall be allowed for the two Indians 

brought up at two Severall tymes to Annapolis Ordered to 

be allowed therefore 

8. Th' all -psons having any places of Gen" Imploym' within 
this province do reside in Towne. 

The house are of opinion that such restriction will be a 
means to hinder psons Capable of such offices from accepting 
thereof 

9. That whereas we [are apprehensive of] Danger from 
the fforaigne Indians proposed [two more should be] added 
to each party of the Rangers 

W[ill be considered by] the house. 

10. That whereas Severall [persons] are now among the 
Piscattaway Indians that an order [may be sent to] comand 
them downe to the ffort 

Resolved Col: Beall carry up the said Ord r 

11. That the School law be altered and that the King be 
therein made Supreme patron of the said Schools, and the 
Arch Bishop, Chancellor of the said Schools, And that his 
Ma ly be desired to appoint Trustees and Guardians also to be 
joyned with those appointed by this province and that the said 
Schools may for ever bear the name of King William's School 

The house adjourned till 6 of the Clock to Morrow Morn- 
ing. 

Friday July the 3 d 1696. 
The house met then read over what was done yesterday 

Comittee of Acc ts sent out. 

A Bill for the Service of Almighty God and the Establish- 
ment of the protestant Religion read the first tyme. 

Moved by a member that his Maj ty be addressed by this 
house in relation to our Navigation Bonds 



Assembly Proceedings, July i-io, 1696. 407 

The house adjourned for 2 hours Origina 

J Journal 

Post Meridiem. House Mett 

Resolved the following Message be sent to his Ex cy and 
the hon lle Councill. 

By the house of Burgesses July 3 d 1696 

In Obedience to yo r Ex cys proposall relating to the Act 
for ffree Schools this house have read and considered the same 
as it now stands and considering the well penning and length 
thereof and not onely the promulgating the same throughout p . 5 
this province but the publication thereof in England as appears 
from thence in print Do therefore hope that the continuance 
of the said Act as it now is will not be any whit prejudiciall to 
what is hoped or wisht for thereby 

Wherefore we humbly desire the Alteracon thereof may be 
further Suspended untill greater necessity 

Sent p Cap' Hill [andM r Clarke.] 

Signed p or d W Bladen Clk Assembly. 

Who returne [to the house and re]porte they delivered 
their Message to his Ex cy who [informed them it would] not ' 
pass unless altered according to the proposalls. 

W Bladen his [petition read, Or]dered that what Tob° is 
is allowed him this years Levy be [levyed and] paid him 
in Ann Arundel County. 

Comittee of accompts enter the house and lay their Journall 
before the house which is approved of. 

The house resolve themselves into a grand Comittee to 
confer with his Ex cy and his Ma ,ys hon b,e Councill. 

His Ex cy with his Ma tys hon ble Councill came downe to the 
house and upon Conference had, It was agreed the following 
proposalls should be made to the Empero r of Piscattaway; 
Thorn Calvert, King of Choptico; King Peter, the King of 
Mattawomans son and Severall of the great men attending 
upon the house, who being called before the house, his Ex cy 
with the advice of this house told them that he would have the 
Chopticoes, pamunkies and Mattawomans, go and live with 
the Emper' of piscattaway and be obedient to him during this 
tyme of Warr, and therefore would give the said Empero r a 
Comission under the Broad Scale of this province That if 
any of the said Indians refused to live with the Empero r so 
soon as their corne was gathered, they should be reputed as 
Ennimy's 

That they should not hold correspondence with or entertain 
any strange Indians without giving notice to and having the 



408 Assembly Proceedings, Jnly i-io, 1696. 

Original consent of this Governm 1 His Ex cy acquaints them that he is 
journal. reso i ve d to Mayntayne the Garrison at the ffalls of potomack, 
and rather then the same shall be deserted he will reside there 
with 500 men. 
p. 6 His Ex cy forwarned the s d Indians that they did not go out 
of their bounds beyond the Garrison without giving notice to 
the Cofnand r in chiefe of the said Garrison, least now this 
tyme of Warr they might be mistaken for forraigne Indians 
and be thereby endangered 

That altho' the s d Indians do go to the Forte and live under 
the Empero rs Comand [yett they] shall not loose their Royalty 
but so soon as their [corne was gathered, by their] application 
may be permitted to [gunn and hunt] if they think fitt 

His Ex cy recom [ended to them that] they live amicable 
together and give all due [obedience to the Em]pero r of 
Piscattaway. 

His Ex cy acquainted them that] the Indians that live upon 
the Branches of [potomack we] re sent to, and if they 
refuse to come and live under [the] Empero r or else go clear 
away out of this province he will go up himselfe and route 
them. 

That they never entertain the Anna Costain King but that 
they apprehend him and deliver him up to the English for 
which they should be rewarded with twenty Match Coats. 

That if they are willing to Sell any part of their Lands to 
the English, his Ex cy is consenting thereto and advises them 
to go before some Magistrate to the end they may not be 
cheated, nor any fraud cofnitted. 

Whereupon the said Empero r King Calvert, King Peter, 
and the rest of the Indians Great men having had the same 
interpreted to them, consented and agreed to Act and do 
according to the af' d proposalls. 

Then his Ex cy acquaints them that upon Munday next, 
Coscanhosh, should be tryed for his life, and asked them what 
they had to say for him. 

Whereupon they replyed that they had nothing to say for 
him but delivered him to the English to do as they thought 
fitt. But that they would all Speake for the Young Indian 
because that when the Murther was done he was within the 
fforte when at the same time Coshcanhosh was roving abroad. 

His Ex cy told them that in favour to them and upon their 
p. 7 becoming obliged that the young Indian should behave him- 
selfe well and honestly he would deliver him them. Where- 
upon the Indians all promising that the said Young Indian 
should well and honestly behave himselfe for the future he 
ordered him to be delivered them and the said Indian was 
accordingly delivered up. 



Assembly Proceedings, July i-io, 1696. 409 

Then his Ex cy Ordered the Indians that were evidence ag' original 
Coscanhosh to stay, but dismissed the rest as they saw fitt. J our " al - 
He told them that what was now said was before the whole 
Province being that psons from all parts of it were present 
and [his Ex c >] acquaints them that Col: Addison and Major 
Smalvvood of this Conference to whome the s d Indians 

might 

Then ordered 

After which his Ex cy and the members of the hon ble Councill 
being withdrawn the house adjourned [untill] 6 of the Clock 
to Morrow Morning. 



Saturday July the 4' h 1696. 

The house met. Then read over what was done yesterday. 

A Bill for the Service of Almighty God and the Establishm' 
of the protestant Religion within this Province read the 
second tyme and passed, Nemine Contradicente. The said 
Bill sent up to the Hon b,e Councill by Cap' Hill M r Saunders 
M r Jenkins, Major Dorsey, M r Scarborough & M r Hawkins. 
Who returne and say they have delivered the said Bill to his 
Ma tys hon ble Councill 

The house adjourned for two hours. 

Post Meridiem. The house met. 

Resolved an address be sent to the Lords of his Ma' ys most 
hon blc the privy Councill to thanke them for the Care of the 
province 

The Empero r of Piscattaway and the other Indians being 
called in his Ma' ys Commission under the broad Seale of this 
province was delivered and given the said Empero r consti- 
tuting him Comander of all the Indians on the Western 
Shoar of Maryland 

Comittee of Laws enter the house. 

His Ex cy proposes and recomends to the house the Consid- 
eration of the Gov r of New Yorkes Letter, and if they will 
send any more mony to the assistance of New Yorke his Ex cy 
will advance the same. 

Recomended from his Ex cy that if the house thinke fitt to 
pass the Act of Religion as proposed the Province shall be 
at no charge in passing thereof but his Ex cy will pay the 
Same. 

A Bill for Sanctifying and keeping holy the Lords day ,,. 
comonly called Sunday read the first tyme. 

A Bill for Settling the Clarke of the Councills ffees read the 
first tyme and passed. 



41 o Assembly Proceedings, July i-io, 1696. 

Original A Supplementary Bill to the Act for imposing a duty upon 
journal. ffi cers reac i tne first tyme. 

The af d Bill read the [second & third] tyme and sent up to 
his Majestyes honourable Council!. 

It being proposed they send some further supply 

towards the [assistance of his Ma' ,! ] Governm' of New Yorke 
pursuant to the Gov r [of New Yorkes] Letter now lying 
before the house for their consideration [his Ex cy being] 
willing to lend the country money upon that occasion if 
wanting. 

The house humbly thanke his Ex cy for his generous offer ; 
But considering how much they are already engaged to his 
Ex cy for money already by him advanced upon that accompt, 
and how uncapable they are at present to reimburse him, and 
conceiving themselves to have Sufficiently advanced towards 
the assistance of New Yorke, especially having paid that Gov- 
ernm' 1 20 1 odd pounds more then what his sacred Ma ty hath been 
graciously pleased to declare should be in leiw of the Quota 
from this Province, do not thinke themselves obliged anyways 
to contribute thereto, untill his Ma ,ys royall pleasure shall be 
further declared therein. Which this Province with all obedi- 
ence will wayte for. 

House adjourned till 6 of the Clock on Munday Morning. 



Munday July the 6 th 1696. 

House met. Then was read over what was done on Satur- 
day last. 

M r Clarke and Col: Codd sent up to the Councillwith the 
Bill for the Service of Almighty God and Establishm' of the 
Protestant Religion within this Province. 

A Bill for Free Schools, and A Bill for reviving the tempo- 
rary Lawes of this province, read three tymes by Sp ia " order 
and sent up to his Ma* ys hon ble Councill with Severall L res and 
addresses by M r James Crauford 

The House adjourned till two of the Clock. 

Post Merediem. House met. 

The hon ble Colonel David Browne, and James Frisby Esq r 
came down to the house from His Ma lys hon blc Councill and 
brought the following Bills Viz' 
.9 A Bill for Sanctifying and keeping holy the Lords day 

A Bill for Settling the Clarke of the Councills ffees, 

A Supplementary Bill [to the Act for] Imposing a duty 
upon offices. 



Assembly Proceedings, July i-io, 1696. 411 

Resolved [nemine Contradicente that his] Ma' v be addressed original 
to returne our thanks for tributing to the assistance J ournal - 

of New Yorke 

Upon Discovery of the [trayterous and] designed Assassi- 
nation of his Ma ,y sacred person prop[osed by his] Ex cy that 
if this house do thinke that it may be for his Ma' ys Service he 
will take care to secure all papists their horses, arms and 
ammunition ; but thanks God he fears no danger from them. 

Upon which the house returne his Ex cy their thanks for his 
Care and acquaint him that whereas they do not in the least 
apprehend any danger from them so they are of opinion there 
will be no occasion thereof. 

Severall of the new Elected members of this House give to 
the use of the Free Schools as follows (to witt) 



ltob. 
M r James Crauford 1000 
M r Jenkins 1000 

M r William Hatton 1000 
M r William Helmsley 800 
M r George Ashman 600 
Maj r W m Barton 800 J 



The s d Gentlemen to be 
discharged from their 
Subscriptions in their 
Severall Countyes. 



M r Anthony Workeman came before the house and gave 
150 1 Sterl: to the building of an house upon a Lott which his 
Ex cy had already given together with tenn pounds Sterl: 
towards building the said house which is to be enjoyed by the 
said Anthony Workeman during his naturall life, and remayne 
over to the use of the Free Schools. Also the said M r Worke- 
man promised to leave all Improvements upon the said Lott 
in good and Sufficient Repair. 

The house adjourned till 6 a Clock to morrow morning- 
Tuesday July the 7" 1 1696 

Then the house met and read over what was done yes- 
terday. 

Proposed that in the Act of Religion it be said Ecclesias- 
ticall fundamentall laws of England. 

Put to the Vote if the s d Bill shall be referred to the Consider- 
ation of the next sessions of Assembly, and carryed in the 
affirmative. Whereupon resolved the following Message be 
sent to his Ex cy and his Ma ,ys hon Lk Councill Viz* 

By the house of Burgesses July the 7"' 1696. 
To His Ex cy the [Gov r and the hon bIe Councill.] 
We have with our [utmost Diligence and Care] considered 



412 Assembly Proceedings, July i-io, 1696. 

inai of the Bill lying before us relating to the Establishing] of the 
na '- protestant Religion in this province, [which this house pro- 
posed] to pass as it is already penned, But in regard [yo r Ex cy 
app[roves not the same without some alteration and this 
[house can] not at present recede from their former resolves 
therein, and it appearing to us a matter of as great moment 
as can come under our consideration. We desire that the 
further proceedings as to the accomplishing the Same may at 
present be referred untill another assembly, that thereby we 
may severally and seperately consider the same. 
Signed by order 

W Bladen Clk Assembly. 

Sent p Major Hamond, M r Frisby, M r Crauford and M r 
Clarke, who returne and Say they have delivered their. 
Message. 

Upon the petition of Severall the Inhabitants of Dorchester 
County. 

Resolved that the Act ag [ Striking ffish in Dorchester 
County and Somersett County be repealed. 

Proposed that a mold or place be made at the end of the 
Stad' house for his Ma ,ys picture. 

Assented to by the house. 

The house adjourned till 6 of the clock to Morrow Morning. 
Wednesday July the 8 th 1696. The house met again. 

Debated in the house concerning the act of Religion, and 
Resolved the following Message be sent to his Ex cy the Gov r 
and Councill. 

By the House of Burgesses, July the 8 th 1696 

1 1 We did Yesterday by our written Message address ourselves 
to y Ex cy in Councill concerning a Bill lying before us touch- 
ing which we prayed further tyme to consider, to which your 
Ex cy has not yet been pleased to give us answer. We humbly 
pray your Ex cy to be assured that what we have done or 
ordered proceeds from honest hearts and earnest desires as 
well to the Service of Almighty God and his Ma ty as to our 
owne Rights and libertyes; and that therefore yo r Ex cy will so 
understand us and give [an answer to] our former message. 
Signed p ord r W Bladen Clk: Assembly 

Sent by Severall [members of this house] who returne [and 
say they delivered their Message. 

M' Clarke, Major [Dorsey,] Major Hamond and M r Boothby 



Assembly Proceedings, July i-io, 1696. 413 

are hereby appoint [ed a Comittee] to inspect and peruse the original 
Laws of this province, and make [their] reporte to the next J° urnal - 
Session of Assembly. 

Ordered the said Cofhittee meet some tyme the next pro- 
vinciall Court, at the Porte of Annapolis, and that Wm Bladen 
be their Clarke. 

House adjourned for two hours. 

Post Meridiem The house met. 

By his Ex cy the Gov r and Councill July the 8 ,h 1697 

The Message last night by M r Clarke, Major Hamond &c 
was received, as also that by Col: Codd, Cap' Tasker and M r 
Clarke this morning Sent wherein this house prays some 
further tyme to consider of a certain Bill therein menconed. 
This Board do therefore recomend that they dispatch the other 
business now lying before them, and bring up the Severall 
bills engrossed that some Speedy end may be put to this 
present Sessions. 

Signed -p Order. Henry Denton Clk. Councill 

Severall members Justices of the provinciall Court and 
others appointed a Comittee to apportion the publique Levy 
Viz" M' Rob' Mason, M r Philip Clarke, M r Rob' Smith Col. S' 
Leger Codd, Major John Hamond, Cap' Rich J Hill, Major 
Willm Dent, M r Edw d Boothby, M r Mathew Scarborough, M r 
John Pollard, Col: Aug Herrman, and M r W' n Hatton who 
are to meet at the porte of Annapolis the 2 nd day of Octob r 
next They or the Major part of them to apportion the 
publique Levy. Ordered Willm Bladen as clarke to the said 
Comittee 

Major Smithson informs the house that he is publiq* Treas- 
urer for the Eastern Shoar, he has 12200' tob: in his hands by 
the imposition upon offices 

A Bill for repealing the act ag' Strikeing of Fish in Dor- p. 12 
Chester and Somersett Countyes, read three tymes and passed. 

A Bill for assessing the publiq* Charge of this province, 
read three tymes & passed. 

The house adjourned themselves for an hour, And M r 
Speaker and the rest of the members go up to his Ex cy and 
carry with them the following Bills Viz' 

A Bill for san[ctifying and keeping holy] the Lords day 
comonly called Sunday. 

A Bill [Supplementary to] the Act for raising a Supply for 
defraying [the publique charge] of this province. 

A Bill prohibiting all manner] of prophane swearing and 



414 Assembly Proceedings, July 1-10, 1696. 

original A Bill for reviving the Temporary Lawes of this province, 
journal. j^ g|jj f or re p e aling- a certain Law ag' Strikeing of fish in 
Dorchester and Somerset Countys. 

A Bill for assessing the publiq e charge of this province. 

Where being admitted and presenting the said Bills his 
Ex cy was pleased on his Ma tys behalfe to assent thereunto and 
signe the Same and they were accordingly sealed with the 
broad seale of this province. After which his Ex cy acquainted 
them that he was sorry to find that they could not agree upon 
passing the Bill for Religion as proposed, telling them that he 
was given to understand that his Ma ly would not assent to any 
law that contayned two things of different natures as this did, 
to witt Spirituall or Eclesiasticall and temporall. That if the 
Bill be passed as now penned it would occasion them to carry 
their causes to Westminster the which intollerable inconve- 
niences could not be avoyded. 

That he hoped none could be so absurd as to doubt of his 
royall Ma tys Justice, who ventured his life in coming over to 
England to defend their Rights and Libertys, and was at this 
present actually engaged in the same Ouarrell. 

That as for himselfe he desired them freely to speake if he 
had any ways infringed or broake in upon any of their Rights 
and priviledges; and advised them if there was any occasion 
p- '3 of a future confirmation thereof that they should address his 
Ma ,y for a Declaratory act for the passing whereof he would 
use his Interest. 

That true it was confest that they had been instrumental in 
Making Severall good Laws, but if so be they left those for 
Religion unfinished they had begun an unperfect piece of 
worke. Therefore prorogued them until the [ninth] instant. 

Thursday [July the 9 th ] 1696 
The House according to prorogation last night being inst. 

Major Thompson and M r Helmsley sent to acquaint his 
Ex cy the house is met according to prorogation last night, who 
return and say they delivered their message, and that his 
Ex cy was ready to receive the house when they thinke fitt to 
come up. 

Whereupon the house adjourned for an hour, and went up 
to the Councill to attend upon his Ex cy where being admitted 
his Ex cy thus bespoake them. 

That what he had to recommend to them was a Bill lying 
before the house for the Establishing of the protestant Religion, 
which Bill as it is now penned conteyns two different things, 
and his Ma ,y has declared he will not pass any Bill conteyning 



Assembly Proceedings, July i-io, 1696. 415 

things of different natures, therefore recomends to them to Original 
pass it as proposed; for that if it should go in the words J ournal - 
fundamentall laws of the Kingdom of England it would occa- 
sion them to carry their causes to Westminster. But if they 
think fitt to draw up a Declaratory Act of their Rights and 
priviledges he will pass it here and use his interest for the 
passing thereof in England. 

After which the members repaired to their house, and 
entered into Debate concerning the said Bill. 

Put to the Question and carried by Majority of voices that 
a Comittee be appointed to draw up reasons for or ag' passing 
the s d Bill. 

Appointed of the s d Comittee, Cap 1 Dent, M r Boothby, M r 
Clarke Cap 1 Hill, Col: Codd, Major Hutchison, Major Thomp- 
son, M r Robert Smith, and M r W m Hutchison. 

House adjourned for 2 hours. 

Post Meridiem The House met. P . 14 

Major Dent and the other members this day appointed a 
Comittee to draw up Reasons for or against passing the Bill 
for Religion, Enter the house and present Severall reasons for 
and ag' passing the s d Bill as proposed which were read in the 
house and these in the following Message [sent up to] his 
Ex cy and his Ma ,ys hon ble Councill, Viz' 

By the house [of Burgesses July the 9 th ] 1696 

We have with [our utmost care and Scrutiny] considered 
the clause in the law [for Religion; And] as we are earnestly 
desirous to propogate the same [out of the sense] of our duty 
to God loyalty to his most sacred Ma ty and in] imitation of his 
Ex cy most noble and worthy example, so we conceive we ought 
not altogether to be unmindfull of the Rights and libertyes of 
ourselves and those we represent. We are earnestly desirous 
rightly to understand his Ex cy and to be Rightly understood 
by him, and therefore have endeavoured to find out an 
accomodation of words, that may answer all Intents, by putting 
in the words, Laws and Statutes of England instead of the 
words fundamentall laws of England. 

We are not in the least doubt of our Rights or Libertyes 
being infringed by our Gracious Soveraigne or our noble and 
worthy Governor; and do sincerely acknowledge that his 
Ex cy Governs by the fairest measures and freest adminiscon 
of the Laws we are capable of understanding and therefore 
have not the least apprehension of his invading our Rights 
and priviledges, We firmly believe ourselves and those we 



41 6 Assembly Proceedings, July i-io, 1696. 

Original represent to be within the benefitt of all libertyes and privi- 

joumai. i e dg es f English free borne Subjects, being granted to this 

province by his Ma tys royall predecessor Charles the first of 

England and generally used in the Governm' of this province. 

We believe our Sacred Sovereigne exposed his Royall 
person to great hazards for the preservation and maynteynance 
p- > 5 of the Rights and libertyes of those Dominions to which we 
belong, and therein has been perpetually protected by an 
imediate finger of Godd ag' all attempts of his Enimys to the 
contrary And therefore as it hath always been usuall for 
parliam ;s under good and gracious Kings to have reiterated 
and Confirmed to them, their antient Rights and libertyes 
[both in church and State,] Which we find by experience they 
have frequently [prayed for and] obteyned. We cannot distrust 
but that his Ma ty will; [graciously confirme] the same to us, at 
our humble motion we humbly offer these Reasons why 

that clause [may be continued] in the Law. 

First we find that King Henry in his grant of that great 
charter annexed the liberty's and priviledges of the church and 
subject together, comprising them in one grant, tho' in Severall 
paragraphs or chapters. 

Therefore we hope his most Sacred Ma ,y will accept of our 
Imitation thereof and cannot but believe us to be forgettfull of 
ourselves if omitted by us. 

2 dly We find the same again joyned in one Charter to the 
Lord Baltemore for the Seating this province Viz" the pro- 
pagacon of the church and the liberty of the Subject declared 
in the same charter. 

3 dly We find that when his Ma' 1 ' was graciously pleased to 
take the goverm' of this province into his hands, the first law 
that was made here was declaratory of the Rights and Liber- 
tyes of the church and subject also conteyned in one and the 
same act. 

And if we after all these and many more examples of the 
like nature which in this Juncture we have not tyme to collect, 
we should as we do earnestly endeavour to propagate and 
maynteyne our Duty to God and the King, and forget those 
we represent, we must believe we are wanting to ourselves 
p. 16 since they have not in any thing we have seen been Seperated, 
We humbly desire they may be joyned and not omitted in this. 

And therefore humbly desire that these o r reasons may be 
taken into consideration 

And we pray to Godd to bless us and our posteritys as our 
conciencies witness our Integrity in this matter 

Signed -p ord r W Bladen Clk: Assembly 

Sent by Major Dent, M r Clarke, M r Hutchins, M' Barton, 



Assembly Proceedings, July i-io, 1696. 417 

M r Hooper, M r Tasker, M r Frisby, Major Ennalls and M r Original 

Hutchison. Journal. 

Who returne and say [they have delivered their Message 
and that it is required what is me [ant by] the Statutes and 
Laws of England. 

Resolved these words be added and incerted in the said 
Bill, Viz' 

In all matters and causes where the Laws of this province 
are Silent. 

Also resolved the following Message be sent to his Ex cy 

By the house of Burgesses. July the 9 th 1696 
It is represented to us by the Messengers last sent that his 
Excellency was pleased to give caution to this house that the 
clause in the Act of Religion should be explayned what was 
meant by the words Statutes and laws of England, and require 
that this house would explayne themselves so as to make the 
words answer the ends intended, for which we humbly thank 
his Majestys Gov r and pray that to the former words in the 
act may be annexed (in all matters and cases where the laws 
of this province are Silent) 

With which words we pray the said Bill may pass. 

Signed *p order 
W. Bladen Clk: Assembly 
Sent -p Major Thompson and Colonel Pearce. 

The house adjourned till 6 of the Clock to Morrow Morn- 
ing. 

Fryday July the io ,h 1696 

The house met. Major Thompson reports to the house 
that he had delivered his Message to his Ex cy upon which he 
was sent last night. And that his Ex cy recomends these words 
may be added viz' 

In this his Ma' ys province of Maryland. p. 17 

Resolved Letters be writt to his Grace of Canterbury My 
Lord B p of London, Esq' Blathwayte and M' Povey. 
I louse adjourned for two hours. 

post meridiem House met 

A Bill for the [Service of Almighty] God and the Estab- 
lishm' of the protestant [Religion in this] province. Read 
and sent up to his Maj ,ys hon bIe [Councill.] 

M' I ho s Col ad whereupon the house desire his 

Ex cy will be pleased arge his Cofnission 

The house adjourned for two hours. 



41 8 Assembly Proceedings, July i-io, 1696. 

Original House met againe 

journal. .\ nc j jyp Speaker and the Rest of the Members go up to 
his Ex cy and carry with them the aforesaid Bill for the Service 
of Almighty God and the Establishment of the protestant 
religion within this Province. 

To which his Excellency on behalfe of his Majesty assented. 
And the same was in presence of the house sealed with the 
Broad Seale of this province. 

After which his Ex cy gave the house to understand that, 
whereas the fleet was not yet arrived but shortly expected, he 
prorogued them untill the 16 th day of September next. 

At which tyme if there were no occasion of their coming he 
would in convenient tyme give them notice, and by proclama- 
tion further prorogue them, 

W Bladen Clk. Assembly. 

Examined by me 

Thomas Laurence Secretary. 



,. 2 Laws made in July 

1696 

An Act for Sanctifying & keeping holy the Lord's Day 
Comonly called Sunday 

Forasmuch as the Sanctifying and Keeping holy of the 
Lords Day Comonly Called Sunday hath been and is 
Esteemed by the present and all primitive Christians and 
people to be a principal part of the Worship of Allmighty 
God and the Hono r which is due to his holy name. Be it 
112 enacted by the Kings most Excellent Majesty by and with the 
Advice and Consent of this present Generall Assembly and by 
the Authority of the same That from and after the publication 
of this Law no person or persons whatsoever within this Prov- 
ince shall work or do any bodily Labour or Occupation upon 
the Lord's day Commonly Called Sunday nor shall Comand 
or willfully suffer any of his her or theire Children Servants or 
Slaves to work or Labour as aforesaid (the works of absolute 
necessity and mercy Allways Excepted) nor shall Suffer or 
Permitt any of his her or theire Children Servants or Slaves 
or any other under their Authority to abuse or prophane the 
Lords day as afores d by drunkenness swearing Gameing fowl- 
ing fishing hunting or any other Sports or pastimes or recrea- 



Assembly Proceedings, July i-io, 1696. 419 

tions whatsoever and if any person or persons within this Lib. l. l. 2 
Province from and after the publication hereof shall offend in 
all or any of the premisses he she or they so offending shall 
forfeitt and pay for every Offence the sume of one hundred 
pounds of Tobacco to the use of the poor of the parish where 
the said Offender or Offenders do dwell and reside the said 
offences or any of them being done in view of any Justice of 
the peace, Magistrate or other head officer of any County, 
City or Town Corporate within this province within their 
Limitts respectively or being proved by the Oath of Two or 
more Wittnesses or by Confession of the party offending p . n 3 
before any such Magistrate Justice or head Officer within 
theire Severall Limitts respectively wherein such Offences 
shall be Committed to which end every Justice Magistrate or 
other head Officer shall have power by this Act to Administer 
Oath to such Wittness or Wittnesses any of which sume or 
sums of Tobacco so forfeited shall and may be Executed and 
leavied by the Sherriffe or Constable by Warrant to any of 
them directed from any such Justice or Justices of the peace 
Magistrate or other head Officer as aforesaid within theire 
severall Limitts where all or any of the said Offences shall be 
Comitted or done by distress or Sale of the Offenders Goods 
rendring the Party the Overplus, all which forfeitures shall be 
to our Sovereigne Lord the King his heires and Successors to 
the use aforesaid to be recovered in any Court of Record 
within this Province by any person that will sue for the same 
by Bill Plaint or Information wherein no Essoyne Protection 
or Wager of Law to be Allowed, And the said Justices, 
Magistrates Sherriffs or Constables shall render an Accompt 
thereof att the next Court to be holden for the respective 
Countys Citys or Burroughs where the said Offence shall be 
Comitted and in default of such distress the Sherriffe under- 
sherriffe or Constable are hereby Authorized and Impowered 
to bring the Party Offending before the next Justice of Peace 
who is hereby Authorized and impowered to bind such 
Offender or Offenders over to the next Court to be holden 
for the County City or Burrough respectively and to be dure- 
ing the Intervall of Good behaviour 

And be it Enacted by the Authority aforesaid by and with p. 114 
the Advice and Consent aforesaid That the minister of each 
respective Church or Chappell of this Province do in pursu- 
ance of his Matys Royall Letter directed to the right Rev- 
erend bather in God Henry Lord Bishop of London and 
Countersigned by the right Noble Prince Charles Duke of 
Shrewsbury their Matys Principall Secretary of State bearing 
Date the thirteenth day of ffebruary Ano Dmi one Thousand 
Six hundred Eighty nine to be Comunicated to the Prov- 



422 Assembly Proceedings, July i-io, 1696. 

2 of fifteen hundred pounds Sterling and all other goods Chat- 
tells money & personall Estate whatsoever of the gift ot any 
person whatsoever that is willing to bestow them for the said 

18 use or any other Gifts Grants Assignments Legacys or 
appointment of the Same or of any of them or of any other 
Goods whatsoever with this Express intention and Trust putt 
in them That the said Francis Nicholson and other the Trus- 
tees aforesaid or the Major part or the longest livers of them 
shall take and hold the premisses and shall dispose of the 
same and of the Rents Revenues and profitts thereof or of 
any of them onely for the defraying of the Charges that shall 
be laid out in Erecting and fitting the Edifices of the said free- 
school or Schooles as they or the Major part of them shall 
think most Expedient untill the said ffree school or schooles 
shall be Actually Erected founded and Established and upon 
the Trust and Intention That as soon as the said ffree School 
or Schools shall be erected & founded the said Francis Nichol- 
son and other the Trustees above named shall from time to 
time and att all times hereafter apply all Lands Tenements, 
Rents Annuitys Goods Chattells profitts incomes or Advant- 
ages w'soever reall or personall or as much as shall not be 
laid out & bestowed upon building the said ffree schoole or 
Schooles as aforesaid as shall be hereafter Expressed And that 
when the said ffree Schoole or Schools shall be so Erected and 
Established the said Francis Nicholson and other the Trustees 
above named or the Major part or the longest livers of them 
shall apply and appropriate to the use benefitt and Maintenance 

i 9 out of the Revenues or Incomes to the said Trustees for the 
use aforesaid the sume of one hundred and Twenty pounds 
Sterling per Annum for the Sallary Supporte and Maintenance 
of the said first mentioned ffree Schoole Master Usher and 
Scribe and the necessary repaires and Improvements of the 
same as to the said Francis Nicholson and Trustees aforesaid 
the Major part or Survivors of them shall seem Expedient 
from time to time to ordaine in the premises and that for the 
uses and purposes aforesaid they the said Francis Nicholson 
and the Trustees afores 1 ' the Survivors or the Major part of 
them shall and may be incorporated into a body Politique by 
by the name of the Rectors, Governors Trustees and Visitors 
of the ffreeschools of Maryland with full power to plead and 
be Impleaded, to sue and be sued to defend and be defended 
to answer and be answered in all and every Cause Complaint 
and Action reall personall or mixt of w'soever kind or nature 
it shall be whatsoever Courts and places of Judicature belong- 
ing to your Maty Your heircs or Successors or by from or 
under your Royal] Grant or Authority and that your Maty 
will be graciously pleased to give and grant your Special 



Assembly Proceedings, July i-io, 1696. 423 

Licence as farr as your Maty see Expedient to the s d Francis Lib. l. l, 
Nicholson Esq r and the other Trustees aforesaid th' they 
or any of them or that any person or persons whatsoever 
after the said ffree school or schools is or are so Erected 
founded and Established or before may have power to 
give and grant Assigne & bequeath all or any Manor Lands 
Tenements Rents Services portions Annuitys, Pensions Inher- p- l2 ° 
itances, Franchises and Possessions whatsoever Spirituall or 
temporall to the Value of fifteen hundred pounds Sterl -p year 
besides all Burthens reprizalls and reparations to them the said 
Francis Nicholson and others the Governors Trustees and 
Visitors of the said ffreeschools of Maryland the Major part or 
Survivors of them incorporate for the uses afores d to them and 
theire Successors forever And further that the said Francis 
Nicholson and other the Governo rs Trustees and Visitors afore- 
said the longest Livers and Successors of them be the true 
Sole and undoubted Visitors Trustees & Governors of the said 
ffree School or Schools in perpetuall Succession forever to be 
Continued in the Way & Maner hereafter Specifyed with full 
and absolute power liberty and Authority in makeing and 
ordeining such Laws Orders and rules for the good Govern- 
ment of the said ffree School or Schools as to them the s d 
Trustees Governors and Visitors af d and their Successors shall 
from time to time according to the Various Occasions & 
Circumstances seem most fitt and requisite all of which shall 
be observed by the Master, Usher, Tutors and Scholars of the 
said Schoole upon the penaltys therein Contained Provided 
Notwithstanding That the said Rules Laws and Orders be no 
ways Contrary to your Matys Prerogative Royall nor to the 
Laws and Statutes of Your Maties Kingdom of England or 
Province of Maryland aforesaid or to the Cannons and Consti- p- '-• 
tutions of the Church of England by Law Established and 
that they the said Governors and Visitors & Trustees afore- 
said and their Successors shall forever be Eighteen men and 
not Exceeding twenty in the whole to be Elected and Consti- 
tuted in the way and maner hereafter Specifyed of which one 
discreet and fitt person that shall be Called Rector of the said 
ffreeschoole and Schools and that from time to time and in all 
times Coming the s J Rector shall Exercise the said Office dure- 
ing one year (Death and Legall Disability Excepted) and after 
till some others of the said Visitors and Governors of the said 
School and Schools shall be duly Elected preferred and sworne 
to the said Office and that from time to time and att all times 
Coming after the said Year is Expired or after the Death of 
the said Rector the Visitors or Governors of the said Schoole 
or Schools or the greatest part of them or their Successors 
should have power to Elect and nominate an other Discreet 



424 Assembly Proceedings, July 1-10, 1696. 

l. l. 2 and fitt person from amongst themselves to be Rector of the 
said ffree School or schooles and that he who is so Elected 
preferred and nominated into the place of Rector as aforesaid 
shall have power to have Exercise and Enjoy the said Office 
of Rector for one whole year (Except before Excepted) then 
next Ensueing and thereafter untill some other Rector of 
the said School or Schools shall be duly Elected preferred 
to and Sworne in the said office And to perpetuate the suc- 

p. 122 cession of the said Governors Rectors and Visitors that as 
often as one or more of the Governors or Visitors of the said 
School or Schools shall die or remove himselfe and family out 
of this Province into any other Country for good and all that 
then and so often the Rector for the time being and the other 
Visitors & Govern rs of the said ffree School and Schools then 
Surviving and remaining within the Province or the Major 
part of them shall and may have leave to Elect nominate and 
Choose one or more of the Principall and better Sorte of the 
Inhabitants of the said Province into the place or places of the 
said Visitors and Governors so dead or removed and so to fill 
up the number of the Visitors and Governors of the said School 
and Schools and that he & they so Elected and Chosen shall 
take his and their Corporall Oath before the Rector and other 
Visitors and Governors as aforesaid or the Major of them well 
and faithfully to Execute the said Office which Oath the Rector 
and two or more of the said Visitors shall have power to 
Administer and that after the takeing the said Oath he or they 
shall be of the number of the said Visitors and Governo" of 
the s d School or Schools and further that the said Rector for 
the time being by and with the advice and Consent of three or 
more of the said Governors and Visitors shall and may from 
time to time and as often as need shall require and they see 
Convenient Call and Convocate the said Governo" and Visitors 

p. 123 together to do Consult and Consent to such things as for the 
Propagation good and benefitt of the said ffree School or 
Schools shall be ordained and Established and that the said 
Governors and Visitors shall and may hold such theire Court 
or Convocation in such ffree School or such part thereof as to 
them shall seem Convenient and shall and may from time to 
time punish any disorder breaches Misdemeanors or Offences 
of any Master Usher or Scribe or Schollars of any such ffree 
School or Schools against any Orders Laws or decrees of the said 
Governors & Visitors aforesaid and if they find Cause to alter 
displace and turn out any Master Usher or Scribe of any such 
School or Schools and put others in theire steads and places 
as to the said Rectors Governors and Visitors of the said 
School or Schools or the Major Part of them shall seem Con- 
venient and fitting and also that the said Rectors Governors 



Assembly Proceedings, July i-io, 1696. 425 

and Visitors of the said ffree school or schools and their Lib. l. l. 
Successors shall have one Comon Seale which they may make 
use of in Whatsoever Cause and business belonging to them 
and their Successors relateing to the said Office of Rector 
Governors and Visitors of the said ffree school & schools 
and that the said Governors and Visitors may have leave to 
break Change and renew their said Seale from time to time 
att their pleasure as they shall see most Expedient And further 
that it may please Your Maty to Grant to the said Rector 
Governo" and Visitors aforesaid of the said ffree School or 
Schools afores d That as soon as they shall be enabled by any 
Gifts Grants pensions Donacons or incoms of any Manors 
Lands Tenements or other Estate whatsoever Reall or Personall p- 1=4 
Exceeding the Sume of one hundred and Twenty pounds *p 
year allotted and Allowed for Supporte and repairations of 
the first free School att Seaverne as aforesaid that then as they 
shall be Enabled as aforesaid the said Rector Governors and 
Visitors shall proceed to erect found and build one other ffree 
Schoole att the Town of Oxford on the Eastern Shoar of this 
Province in Talbott County or in such other place of the same 
County as to the said Rectors Governors and Visitors afore- 
said shall seem most Expedient and after the same shall be 
built founded and Established to appropriate & Apply to the 
said Second ffree Schoole out of the Treasure Accrewing to 
them for the benefitt and Advantage of ffree Schools aforesaid 
over and above the one hundred and Twenty pounds *p Year 
allowed as aforesaid to the first free schoole the like sume of 
one hundred and Twenty pounds *p year for the benefitt 
Advantage and Supporte of such second ffree school and shall 
and may place a Master Usher and scribe therein as in the 
other first free schoole as af d and shall in all respects be under 
the same benefitts priviledges injunctions and restrictions as 
the said first free School and also after the said second ffree 
school is built Erected founded and furnished the said Rectors 
Governors & Visitors shall as fast as they shall be Enabled 
as afores d pceed to the Erecting other and more ffree schools 
in this Province (that is to say) in every County of this province p. 1:5 
att p r sent one ffree schoole and shall and may be Impowered 
to Establish Constitute enjoyne and restreine to and under 
the same benefitts Advantages Instructions and restrictions 
as aforesaid and appropriate and apply such and so much 
of the said Revenue not before disposed or Ordained to each 
ffree school as to them shall seem most Convenient and Expe- 
dient not Exceeding one hundred and Twenty pounds *p 
Annum as aforesaid And be it hereby Enacted by the Authority 
aforesaid That a Supplementary Act fur free schools made att 
a Session of Assembly begun and held att the City of S 1 Marys 



426 Assembly Proceedings, July i-io, 1696. 

Lib. L. L. 2 the Twenty first day of September 1694 be and is hereby 
Utterly repealed and made Void. 



An Act for the Service of Allmighty God and the Establish- 
ment of the Protestant Religion within this Province. 

Forasmuch as in a well Grounded Christian Commonwealth 
matters Concerning Religion and the Honour of God ought 
in the first place to be Endeavoured and taken into consider- 
acon as that which is not onely most Acceptable to God but 
the best way and means to Obteine his mercy & blessing and 
favour upon a people or Country Be itt Enacted by the Kings 
most Excellent Maty by and with the Advice and Consent of 
this present Generall Assembly and the Authority of the Same 
That the book of Comon Prayer and Administracon of the 

26 Sacraments and other Rites and Ceremonies of the Church 
According to the use of the Church of England together with 
the psalter or Psalms of David and that the morning & Eve- 
ning Prayer therein Conteined be Solemnly read by all and 
Every Minister or Curate in every Church or other place of 
Publick Worship within this Province And be it Enacted by 
the Authority aforesaid by and with the Advice & Consent 
aforesaid That the Church of England within this Province 
shall Enjoy all and Singular her Rights Priviledges & free- 
doms as it is now or shall be att any time hereafter Established 
by Law in the Kingdom of England and that his Maties 
Subjects of this Province shall enjoy all their Rights and 
Libertys according to the Laws and Statutes of the Kingdom 
of England in all Matters and Causes where the Laws of this 
Province are Silent And whereas the present Constitution of 
this Province being in its Infancy will not admitt of raising a 
Maintenance for Ministers by way of Tyths as in England and 
other places by time brought to perfection Be it Enacted by 
the Authority aforesaid by and with the Advice and Consent 
afores d That for Encouragem' of faithfull and able Ministers 
labouring in the Work of the Gospell to come into this Prov- 
ince Instead thereof a tax or Assessment of fourty pounds of 
Lobb" p poll be yearly and every Year leavied upon every 
1 axable person within the precincts of each respective parish 

w"'in this Province as they are now (by an Act of Assembly of 
this Province made att a Generall Assembly begun and held 

27 att the City of S' Marys the Tenth day of May 1692) laid out 
or shall hereafter be laid out and theire bounds and Limitts 
Entred in the Record of each County Court and the Councill 
Book of this Province which said Tax of fourty pounds of 
Tobb" -p poll shall be Collected and Gathered by the Sherriffe 



Assembly Proceedings, July i-io, 1696. 427 

of each respective County in such maner as the publick leavy Lib. L. l. 2 
of this province heretofore have been and still are Collected 
who shall deduct five pounds of Tobb: p Cent out of it for his 
Sallaryand shall pay the sume remaining after such deduction 
to the Vestrymen of each parish now Established by Law or 
theire Order to the minister of the parish Lawfully instituted 
and inducted and till that can be legally done or some other 
way prescribed by the appointment of his Matys Governor for 
the time being to such place or parish and the better to 
Enable the s d Vestrymen appointed by the aforesaid Law to 
performe their Trust in all things by this Act reposed in them. 
Be it further Enacted by the Authority aforesaid by and with 
the Advice and Consent aforesaid That the severall Vestry- 
men of the Severall Parishes within this Province be hereby 
Constituted and appointed in the nature of a body Corporate 
to the uses following (that is to say) to the Maintenance of a 
Minister to the building of a Church and to the use of the 
Parish, Viz. person Enabled and Impowered by the names of 
the principall Vestryman and names of the rest of his Bretheren 
Vestrymen of such parish to receive and take into theire 
Custody and Possession to the uses profitt and benefitt afore- 
said any Lands Tenements Hereditaments money Tobbacco 
Goods Cattle or Chattells heretofore Given to the uses afore- 
said or which hereafter shall be Given by any pious and well 
disposed person or persons whatsoever of what nature and 
kind soever they be and by what maner of way soever the p. 128 
same be given granted and bestowed either by Deed of Gift 
Executed in their life time or by theire Last Will and Testa- 
ment in writeing, Verball Will promise or otherwise and made 
Capable and Enabled by that name to sue and be sued att 
Law in any Action Reall, personall or mixt for or Concerning 
any such Lands Goods or Chattells to the uses af d and in any 
Suite brought by them for any Lands Goods or Chattells 
deteined from them unless they Recover in the suite in favour 
of the Church and uses aforesaid untill a Sufficient Stock or 
fund of money or Tobbacco in their hands to maintaine the 
same they shall not pay any ffees to any Office belonging to 
any of his Matys Courts of this province nor to any Councill 
Attorney or Sollicitor att Law but the Severall Courts when 
Desired shall Assigne them Gratis nor shall they pay any Cost 
of Suite to the Defendant if Cast in the s d suite and by the 
same name to the uses aforesaid they are further Enabled to 
purchase any Lands or Tenements (without Licence of Mort- 
main) as also any Goods or Chattells and dispose of the same 
to the uses and profitts af d as fully and Amply to all intents 
and purposes as any Body Corporate might or could do any 
Law Statute usage or Custom to the Contrary notwithstanding 



428 Assembly Proceedings, July 1-10, 1696. 

l. i,. 2 And be it Enacted by the Authority aforesaid by & with the 
Advice and Consent aforesaid That in every parish where any 
minister is Instituted and inducted as afores d such Minister 
shall be Principall Vestryman of the Vestry of such Parish And 
be it Enacted by the Authority aforesaid by and with the 

p- 12 9 Advice and Consent aforesaid That the Vestrymen of each 
respective parish within this province shall Choose their 
Register who shall be sworne to keep a true Register of all 
theire Proceedings from time to time when they meet which 
shall be as often as theire Occasions for the purpose aforesaid 
require and notice given them of the time and place of meet- 
ing by the Principall Vestryman and if any upon such notice 
given shall not appear or shew Lawfull Cause for his Absence 
he shall forfeitt the sume of one hundred pounds of Tobbacco 
to be leavied by way of Execution upon his or their Goods & 
Chattells to the uses hereafter mentioned (the minister always 
Excepted) and the Minister of each respective Parish in this 
Province shall have Liberty to Elect the Parish Clerk and shall 
pay him one Thousand pounds of Tobbacco per Annum out 
of the fourty pounds of Tobbacco *p poll And be it Enacted 
by the Authority aforesaid by and with the advice and Consent 
afores d That the several! Vestrymen aforesaid within Twelve 
months after the publication of this Law shall provide att the 
Charge of the parish fair Register Book of paper or Parch- 
ment the which the said Register shall keep and therein shall 
Register and fairly Enter in Writeing the publication of all 
Marriages Births of Children Baptizms andburialls of all Sorts 
of persons within the Parish (negros and Mulattos Excepted) 
and the Christian and Sir names of every of them and the days 
of the months and year of their publication of Marriages Births 
Baptizms and burialls and of the Parents Guardians Overseers, 
Masters and Mistreses (for Entring any one of which the said 
Register shall have as a ffee the sume of Eight pounds of 
Tobacco) and shall shew the same to all persons reasonably 

p. 130 desireing to see the same or take a Copy or procure a Certifi- 
cate thereof and shall have for searching Eight pounds of 
Tobbacco and for giveing a Certificate thereof Eight pounds 
of Tobbacco for his ffee to be leavyed by way of Execucon 
upon the persons or Estates of such as shall delay or refuse 
payment of the same And if the Vestrymen aforesaid shall 
taile in provideing such a Book as afores d within the time afore- 
said they shall forfeitt the Sume of five hundred p ds of Tobbacco 
each Vestryman (the Minister Excepted) to be Imployed towards 
the bringing up and Educating of" poor Orphans within their 
Severall parishes and to be recovered in the Severall and 
respective County Courts within this Province by Action of 
Debt Bill plaint or Information wherein no Essoyn Protection 



Assembly Proceedings, July i-io, 1696. 429 

or wager of Law to be Allowed and the Church wardens of Lib. l. l. 
each respective Parish are by this Act Impowered to sue for 
the same And if any Parent, Guardian, Master, Mistres or 
Overseer shall not within two months after such Birth Bap- 
tizme Marriage or buriall give notice to the Register of the 
same together with the names of the persons and time when 
they were married borne Baptized or buried to be Registred 
shall forfeitt to the use aforesaid five hundred pounds of 
Tobbacco to be recovered as aforesaid And if the Register 
shall refuse or neglect to Register the same haveing had 
notice Given to him as aforesaid he shall forfeitt to the same 
use the sume of six hundred pounds of Tobbacco to be recov- 
ered in the County Court of the same parish in maner and 
forme aforesaid Provided allways that this Law nor any thing 
therein Conteined shall not invalid the Testimony of any p. 131 
Entry of Births, Marriages and Burialls heretofore Entred in 
the Records of the County Courts by Virtue of a former Act 
of Assembly of this Province for the same nor of any Entry of 
the same by the Clerks of the severall Vestrys from the tenth 
day of May Anno Domini 1692 but that the same remain 
Good and firme Evidence as by the said Acts was Intended 
and are hereby repealed And be it further Enacted by the 
Authority afores d by & with the Advice and Consent aforesaid 
That the Vestrymen of each respective parish within this 
Province within twelve months after the publication of this 
Act shall procure a Table of Marriages as is Established by 
the Church of England to be fairly written and sett up in 
theire respective Churches when finished under penalty of five 
hundred pounds of Tobbacco each Vestryman failing thereof 
the minister Excepted) and shall also yearly and every year in 
the month of January Elect two Sober and discreet men ffree- 
holders of their parish to serve as Church Wardens for the 
Ensueing year who shall be sworne by the Chief Vestryman to 
performe the said Office to the best of their skill knowledge 
and ability as also to take the Oaths appointed by Act of Par- 
liament to be taken instead of the Oaths of Allegiance and 
Supremacy and each pson that shall neglect or refuse to per- 
forme his Duty or refuse to take upon himselfe the said Office 
shall forfeitt to the uses aforesaid the sume of one Thousand 
pounds of Tobbacco to be recovered as af d And be it Enacted 
that the Vestrymen and Churchwardens of each parish within 
this Province take due Care and Caution by the best ways and 
means they Can to repaire and amend their Churches when P . 132 
and as often as need shall require And if any Vestryman hap- 
pen to dye or Depart this Province or remove himselfe out of 
his County or parish or by any other ways or means become 
disabled the Vestry shall Supply his place by Electing another 



430 Assembly Proceedings, July i-io, 1696. 

. z by the Major part of them att the next Vestry which said 
Vestryman before he shall be Admitted to sitt or Act in the 
Vestry shall take the oaths appointed by Act of Parliament 
instead of the Oaths of Allegiance and Supremacy and Sub- 
scribe the Test and so shall the Church Wardens and Clerks 
and shall also take his Oath well and truly to Act and do such 
office without prejudice favour or Affection with Equall right 
to all persons and shall not Diminish or deteine from any 
Minister Legally qualifyed and presented, Inducted or 
Appointed (by his Excellency the Governo r or otherwise) any 
right perquisite or benefitt given by Law And whereas this 
present Year of Our Lord 1696 the Vestrymen of each respec- 
tive parish aforesaid will have received the fourty pounds of 
Tobbacco per poll, for three years for the building a Conve- 
nient Church in every parish within this province which is 
thought to be Sufficient for that end and purpose Be it 
Enacted by the Authority aforesaid by and with the Advice 
and Consent aforesaid that where there is an Incumbent upon 
the Benefice and officiates in no other place the Vestry of the 
said parish shall not under Colour and pretext of finishing the 
said Church or keeping the same in repaire withhold or 

133 Deteine from the said Incumbent any part of the fourty pounds 
of Tobbacco p poll under any pretence w'sower Except what 
is by this Act before Appointed. And be it Enacted by the 
Authority aforesaid by and with the Advice and Consent 
aforesaid That if any Minister priest or Magistrate shall Joyne 
in Marriage any persons Contrary to the Table of Marriages 
by this Act appointed to be Set up in every parish Church 
within this Province he or they shall forfeitt the sume of five 
Thousand pounds of Tobbacco and the parties so married 
shall pay the like sume all which said fines to be to his Sacred 
Maty his heires and Successors to be Imployed by the Vestry- 
men to the bringing up and Educating of poor Orphans within 
their severall and respective parishes to be recovered by the 
said Vestrymen in the County Court of each respective 
county by Action of Debt Bill Plaint or Information wherein 
no Essoyn protection or Wager of Law to be allowed. And 
Lastly Be it Enacted by the Authority Advice and Consent 
aforesaid That one Act made att a Generall Assembly begun 
and held att the City of S' Marys the tenth day of May 1692 
Intituled an Act for the Service of Allmighty God and the 
Establishment of the Protestant Religion within this Province 
as also one other Act made att a Sessions of Assembly begun 
and held att the Porte of Annapolis the eighth day of May 
1695 Intituled An Additionall Act to the Act of Religion be 
and are hereby utterly repealed & made Void. 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 



At a Session held at Annapolis, 
September \6~October 2, 1696. 



CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

FRANCIS NICHOLSON, 
Governor. 



THE UPPER HOUSE. 



At a Council in a General Assembly met and held at the u 
Port of Annapolis pursuant to Prorogation the i6 ,h day of p- 
September in the eighth year of the Reign of our Sovereigne 
Lord King William the third &c Annoq Domini 1696 being 
the seventh Sessions and there continued until the 2 d day of 
October following 

Present 

His Excellency Francis Nicholson Esq r Captain General &c. 

the honble Sir Thomas Lawrence Baronet Secretary 

Col Nich Greenberry Col David Brown James Frisby Esq r 

Produced and read the following Letters and Papers which 
were Ordered to be laid before the House of Burgesses for 
their Perusall and Cognizance viz' 

His Majestys Royall Order in Council of the fourth of 
January Anno Domini 1695 f° r making Void several Laws 
Passed in the Assembly in Maryland 

His Majestys Warrant of the 14"' of March Anno 1694/5 
to use the present Broad Seal till another be Ordered 

His Majestys Warrant for Mason and Burleys Pardon 

His Majestys Order in Council of the 25 th of July Anno Dni 
1695 f° r Dismissing the Complaint against Sir Thomas Law- 
rence in Maryland. 

His Majestys Order in Council of the 13 th of Febuary 
Anno 1695 About the Lord Baltimores Agreement for divid- 
ing the fees of the Land Office 

M r Bridgmans Letters of the 24 th of October Anno 1695 
with a Power from the Lords of the Admiralty Inclosed for 
his Excellency to constitute a Judge Register and Marshall in 
Maryland 

A Letter from their Excellencies the Lords Commissioners 
of the 20 th of April last pa c t about the Frenches preparations 
to Attack some parts of America here 

A Letter from the Right honble the Lords of the Council 
to his Excellency to see the Acts of Trade Executed according 
to the Commissioners of the Customs Letters dated 1 3th of 
February 1695/6 

A Letter from the Commissioners of the Customs to his 
Excellency of the 9th of January to see the Acts of Trade 
Vigorously prosecuted 



434 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

u. h. j. The Commissioners of his Majestys Customs report unto 
the Lords Spiritual and Temporal upon the Scotch Act &c. 

The Parliaments Address to his Majesty about the Scotch 
Act and his Majestys Gracious Answer. 

A Letter from the right Honourable the Lords of the Coun- 
cil to his Excellency Commanding publication to be made of 
the late Act of Parliament for the preventing frauds and regu- 
lating Abuses in the Plantation Trade 

A Letter from the right Honourable William Blathwayt 
Esq r one of the Clerks of his Ma ,ys Honourable Privy Council 
of the 2 I st of April last past relating to the Association entered 
into in England together with a form inclosed fit to be made 
use of here Part of a Letter from the said Esq r Blathwayt 
about Revenue dated first of February last 

M r Poveys Instructions touching the Revenue 

A Letter from M r Povey directed to his Excellency the Gov- 
ernor and Gentlemen of the Council & Assembly of Maryland 
dated 10 January 1695/6 

One Letter more from the said M r Povey directed to his 
Excellency of the 15 th of Feb y Anno 1696 relating to severalls 
and part of another Letter from the said M r Povey of the 9 th 
of May last past 

Captain Hurtes Petition with a Letter and Warrant from 
the Commissioners for Prizes for Paying the said Hurte io 1 p 
Gun &c. 
p. 902 Two Catalogues or Lists of Books for the several 
Parishes &c. 

The Boston news and James Heighs information about the 
Privateer lately came up the Bay and 2 Letters about the 
same 

Captain Pellews Letter and another from his Purser about 
his Sayling 

M r Platers Account of publick Arms &c sent in by Captain 
Peter Pagan 

Ordered that to morrow being the 17 th Instant be set Aside 
to be kept Holy by the General Assembly within this port for 
a day of publick thanksgiving for his Majestys safe deliver- 
ance and Prosperity 



September. 1 7 ,h 1696. In the Afternoon 

The Council again Sate and were Present 

His Excellency Francis Nicholson Esq r Captain General &c 
the hon ble Sir Thomas Lawrence Baronet Secretary Col 
George Robotham Col° Nich: Greenberry Col Charles 
Hutchins Col° David Browne James Frisby Esq r 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 435 

Read over several References and proposalls in order to u. h. j. 
be laid before the House which were approved of 

It being signified from this Board to the House that the 
severall Arms &c sent for out of England were now arrived 
within this port therefore willed them to pitch upon some 
House at present where they thought most convenient to 
Lodge the same 

In answer whereto the House send Captain Thomas Tasker 
to acquaint his Excellency that they have agreed to Lodge the 
same in Major Dorseys House for the Present therefore 
prayed that the Account of the said Arms &c from Captain 
Pagan sent in might be sent to the House for their perusall 
which accordingly was delivered together with four Indentures 
for new Burgesses elected 

The honble Col° John Addison and Thomas Brooke came 
and were added 



September i8 lh 1696 The Council again Sate and were 
Present as yesterday 

This Board being acquainted from the House that they had 
received Indentures for the Election of four new Burgesses 
and did humbly desire his Excellency would send some of his 
Majestys honourable Council to swear the said members now 
returned his Excellency was pleased to return for answer by 
the Clerk of the Council that he understood that M r John 
Cood one of the said new members was a Priest and therefore 
not qualified by Law to set in that House. 

Brought from the House of Burgesses the following Mes- 
sage Viz' 

By the House of Burgesses September i8 lh 1696. 

Your Excellency having made this House acquainted by 
the Clerk of the Council that Lieutenant Col° John Cood is a 
priest and therefore by Law uncapable of sitting in this 
House thereupon we humbly acquaint your Excellency that we 
find the said Lieutenant Col John Cood is a member of this 
House duly Elected that he hath sate in the General Assem- 
blies of this province for almost twenty years together that he 
has had also several Commissions as well from the Lord Balti- 
more as his present Sacred Majesty for the Executing and 
Exercising both Judicial and Ministerial Offices as other his 
Majestys Subjects Laymen have Accustomed to do we 
humbly conceive our Selves proper Judges of our own mem- 
bers and therefore have resolved that the said John Cood is 
Legally qualified to sit as a member of this House 

Signed -p Order W Bladen Clk Assembly. 



436 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

. 11. J. Order that an answer for the same be drawn up which was 
drawn as followeth 

By his Excellency the Governor and Council &c 
September 18 th 1696 

The Houses Message in relation to M r John Cood was 
received and here read and it is admired how the House that 
sits by the Kings Commission can at this time a day bring 
p. 9°3 any President for matters in my Lord Baltimores Government 
considering that Irregular proceedings were the Cause and 
main point that over threw that Government and the House 
is advised to consider whether it is not against the Law of 
England for one in Priest or Deacons Orders to sitt as a Bur- 
gess and whether M r John Hewett a Clergy man chose since 
his Majestys happy Government he was not disallowed for 
that reason and it being a matter of Great moment must 
therefore be timely considered and consulted by the Lawyers 
Signed -p Order Hen Denton Clk Concil. 

Ordered that all the Lawyers in Town be sent for to appear 
at this Board to night 

Brought from the House of Burgesses by M r Pollard M r 
Sanders Major Barton and M r Hutchins the following Mes- 
sage Viz' 

By the House of Burgesses September the 18 th 1696 

We humbly Desire your Excellency will be Pleased to send 
down some of his Majestys honble Council to administer the 
usual Oaths to the new Elected members according to our 
late Request to the end we may proceed to Business 

Signed -p Order 
W Bladen Clk Assembly 

The Gentlemen of his Majestys honble Council are sent 
down with the foregoing answer to the former message being 
ordered at the same time to tender the Oaths appointed by 
Act of Parliament to be taken instead of the Oaths of Allegi- 
ance and Supremacy and test unto all the new Elected mem- 
bers except M r Cood they Return and say they had per- 
formed their message and had pursuant to Order sworn all 
the members except before Excepted but that the House sig- 
nified they had made a Resolve not to proceed to any Busi- 
ness till the House was full 

1 lie Gentlemen professing the Law now in Town being 
summoned to appear at this Board came up accordingly viz 1 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 437 

M r Cheseldyn M r Sollicitor General M r Clark M r Watkins M r u. 11. 
Boothby and M r Helmsley to whom his Excellency was 
pleased to say that the occasion of his sending for them at 
this time was about a Person whom he understood was made 
Choice of to be a member of the House of Burgesses that was 
Ordained a Priest and therefore demanded their opinion 
whether he could be admitted to sitt as a member of the 
House of Burgesses telling them an Example of England in 
that case and another of this Province that have denied 
Clergymen that Priviledge and the question is further put 
whether a Priest can dispriest himself 

The said Questions being seperately answered by the said 
Gentlemen who are also of opinion that no Person in holy 
Orders is qualified by Law to sit in the house of Commons 
and so by consequence not in the House of Burgesses here 
and that it is an indeleble Character stamped upon them which 
cannot be taken of but by the Ordinary or Power by which 
the same was Conferred. 

His Excellency after the Lawyers were withdrawn was 
pleased to demand of the Board whether they know of any 
thing further to be considered or proper to be done in this 
matter who say they do not it is therefore Ordered that a 
Copy of the said proposalls and opinions be drawn forth 
against the morning to be laid before the House for their 
consideration 

September 19 th 1696. 

The Council again sate and were Present as yesterday 

The foregoing Proposalls and Lawyers opinions being pur- p . g04 
suant to Order prepared were sent down to the House by 
Col° Robotham and Col Greenberry. The messengers 
return and say they could not deliver their message by reason 
the House was adjourned 

Monday September the 21 st 1696 The Council again sate and 
were Present as on Saturday except Col Greenberry 

The messengers on Saturday sent with the last message 
are Ordered to carry the same down now who return and say 
they delivered the same 

Brought from the House of Burgesses by M r Hutchins and 
Major Smallwood the following message viz' 

By the House of Burgesses September the 21 st 1696 
This House having carefully and maturely considered the 
last message and Objection made against the qualification of 



438 Assembly Proceedings, Sept. \6-0ci. 2, 1696. 

U. h. j. Col John Cood to sit in this House as a Burgess and that we 
might be fully Informed in the premises have appointed our 
committee of Elections and Priviledges to inquire and 
examine into the same who have accordingly done so and 
made their Report thereof thereupon it was put to the Vote 
whether the House should concur with the said committee 
that the said Cood was not qualified to sit here or not and 
thereupon it is carried and Resolved by Majority of Voices in 
this House that the said Cood is qualified to sit as a member 
whereupon we humbly present him to have the usual Oaths 
administred 

Signed p Order W Bladen Clk Assembly. 



An Answer to the foregoing Message was Ordered to be 
drawn up & as follows Viz' 

By his Excellency the Governor and Council &c 
September the 21 st 1696. 

The Message by Major Smallwood and M r Hutchinson in 
relation to M r Cood was Received and read here and this 
Board does conceive that the question thereabout put is not 
rightly answered for that it is not disputed whether he is 
rightly chosen but whether he is a deacon or Priest and so 
not qualified to sit by the Law of England an answer thereto 
is by this Board Possitively demanded 

•p Order Hen Denton CI Council 

The said message being sent down to the House came 
answered as follows viz' 

By the House of Burgesses September 21 s ' 1696 

This House before sending the last message in relation to 
Col Cood did examine as well of his Qualification to sit as of 
the dueness of his Election and it did Appear to us that he 
was not only duly Elected but also Legally qualified to sitt as 
a member of this House notwithstanding what was alledged 
therefore humbly pray as in our former message have prayed 
Signed *p Order W Bladen Clk Assembly 

An Ans r thereto was drawn up & sent as fol s 

By his Excellency the Governor and Council &c September 
21 5 ' 1696. 
The last message from your House touching the case of 
M r Cood was Received whereby this Board does find that the 



Assembly Proceedings, Sept. \t-Oct. 2, 1696. 439 

question put is not yet rightly answered viz' Of his being a u. h. j. 
Priest or Deacon which if the House acknowledge as it is 
believed they cant otherwise in a matter so apparent to the 
whole Country this Board does then Wonder how they so 
Rashly presume to make a Vote against the known Laws of 
England according to the opinion of the Lawyers thereon now 
before them 

As to the qualifications of the Person the annexed depositions 
will demonstrate and it is appealed to the whole House 
whether in his life and conversation he does not appear so 
haniously flagitious and wicked scarce to be parrelled in the 
Province whereof the House must needs be conscious and dare 
presume that divers of the members have (at some time or 
other) in his Debaucheries heard him publickly Blaspheme 
and it is lastly left to the consideration of the House his Fac- 
tious contradictory Spirit in all manner of Business and whether 
he has not at this present Cost the County more Tobacco then 
Perhaps he is worth or ever will do them good 

Signed p Order Hen Denton CI Council 

September 22 d 1696 The Council Again Sate and were p. 905 
Present as yesterday 

Ordered that four of the Gentlemen of his Majestys honour- 
able Council go down to the House and Acquaint the Speaker 
that his attendance with all the members is required forthwith 
at this Board and accordingly went Col Hutchins Col Addison 
M r Brooks and M r Frisby who return and say they delivered 
their message and that pursuant thereto the House is coming 
up 

Came accordingly M r Speaker attended with the whole 
House to whom his Excellency is pleased to express himself 
as follows viz' 

M r Speaker and you Gentlemen of the House of Burgesses 
I am sorry to have sent for you here upon this Occasion at this 
time and I cannot but remind to you that you have not dealt 
faithfully in your Answer to the question put in relation to 
M r Cood viz' in ascertaining whether he is a Deacon or Priest 
which I am Given to understand he is and therefore do wonder 
that the House should presume so far as to make a vote 
against the known Laws of England by which you have 
brought it to this pass that a Vote of your House must stand 
flat in Opposition to an Act of Parliament If I should suffer it 
so to go on, but Gentlemen I do acquaint you that I shall not 
swear that Person notwithstanding your Vote and if you will 
proceed to Business I am here ready with his Majestys honble 
Council to Attend the same 

I am sorry the House should continue so stiff so many days 



440 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

in a thing of this nature and run the country to all this charge 
without any thing done and to shew the House what manner 
of Person you have this while upholding, here are severall 
depositions wherein you will find down right Blasphemy in 
the highest Degree spoke by the said Cood and I do appeal 
to the whole House whether Common fame and most ot your 
own knowledge do not remember him to be a man of a very 
Flagitious Life and conversation therefore if you will return to 
your House & consider of these things and dispatch what 
Business shall be laid before you I shall be ready with his 
Majestys honble council to attend thereon and I pray God to 
direct you therein. 

They take leave and Repair to their House and after some 
short time send M r Boothby M r Clark M r Hutchison and 
M r Dixon with the following message viz' 

By the House of Burgesses September the 22 d 1696 

This House have Seriously considered of his Excellencys 
speech before the honble Council and finding it Contains many 
Expressions of his pious and good Intentions towards us We 
cannot but Return our hearty thanks for the same as to the 
particular member mentioned we have done that which we 
hope will appear to be our duty and become Loyal and 
dutiful Subjects We are ready to Join with the honble council 
dispatch of the Affairs that lye before us 

Signed *p Order W Bladen Clk Assembly 

Came from the House of Burgesses Major Dent Major 
Hammond and one other member who signify that they are 
sent to acquaint his Excellency and Honours that the House 
has appointed the following members viz' Major Dent Major 
Hammond Major Smithson M r Clark M r Boothby and Major 
Barton a Committee of Laws for this present Sessions and 
that if his Excellency will please to send some of the members 
of his Majestys honble council to Joyn with them they will be 
ready to proceed to Business 

Ordered that an answer to the said two messages be drawn 
up which was done as follows viz' 

By his Excellency the Governor and council &c September 
22 d 1696 

The two last Messages from your House sent have been 
received and as to the first his Excellency thanks God that the 
House has put so good an end to that dispute and is in hopes 
they will proceed now to such Business as may tend to the 
Glory oi God the Kings Honour and good of the country and 
as to the Committee of Laws appointed this Board has accord- 



Assembly Proceedhigs, Sept. \6-0ct. 2, 1696. 441 

ing to the request of the House sent the honble Col° Robotham u. 11. j. 
and Col° Addison to join with the said Committee There is p. 906 
herewith likewise sent severall Letters in answer to Letters 
sent for England about the Affairs of the Province together 
with several printed Proposalls and papers and 3 different 
Catalogues of Bookes 

September i8 ,h 1696 

The following Resolves was brought from the House viz' 

By the House of Burgesses September 18 th 1696 

Resolved that this House will meet Exactly at nine of the 
Clock every morning and sitt till four in the Afternoon 

Signed p Order W Bladen Clk Assembly 

Read a Letter from his Excellency the Governor of New 
York with two other Letters from Albany giving an Account 
of the news from those parts which were Ordered to be laid 
before the House for their Perusall 

A List of the Parishes with an account of severall Books 
Given to the same by his Excellency together with M r Bate- 
mans Account were in like manner Ordered to be carried 
down 

The State of the Revenue is likewise Ordered to be laid 
before the House with this Remark Viz' that the last accounts 
are not as yet made up but as far as at pr sent could be 
Collected the Quarter part Thereof does amount to 104 1 17 s 
of 

Read again the several references and Proposalls which were 
Ordered to be Carried down to the House and his Honour Sir 
Thomas Lawrence signifying that he had an Account to Give 
unto the House of his severall proceedings in England the 
said Sir Thomas with the rest of his Majestys honourable 
Council went down with the said Proposalls Letters and Papers 
last and formerly here read, The Proposalls follows viz' 

1 The Proposall last Assembly made for Adjusting the 
Indians Lands and ascertaining the Bounds thereof stands 
Referred to this Sessions of Assembly for a Law to be made 
therefore 

2 His Excellencys Proposalls relating to the advancement 
of this Port stands also referred for an Act to be drawn up 
for the same at the meeting of this Assembly 

3 Proposed that the Sheriffs Collect this year the Gifts of 
the Free School & that copies of the Subscriptions with new 
Briefs be got ready to send to each county 

4 That a Law be made for securing the Libraries that are 
bestowed upon the severall Parishes 



442 Assembly Proceedings, Sept. 16-Oct. 2, 1696. 

u. h. j. 5 That his Majesty be addressed that some part of the 
Revenue given towards the furnishing the Country with Arms 
&c may (now the country is provided with such things) be laid 
out for small Books such as the Common prayer Book the 
whole Duty of Man and Books against Drunkenness and 
Swearing &c to be distributed among the Common People 
that are poor by Reason there are no such Books brought into 
the Country to be sold and therefore have no way of Getting 
of them 

6 That an Address of thanks be returned his Majesty for 
being Graciously pleased to bestow a Quarter part of V p hhd 
towards furnishing the Country with Arms and Ammunition 
&c and to signify that the same has been laid out and bestowed 
Accordingly 

7 That the House give their advice how the Arms now 
come in are to be disposed of that they signify if they know of 
any thing else of that nature that is proper to be sent for 

8 That care be taken to have the several Offices made and 
to have Tables and Chairs made where necessary and Stoves 
for the Clerks to write by in Winter 

9 That if the Clerks write by candle light in Winter that 
then Lamps contrived for Candles in Winter be sent for 

10 That some Books of Exercise be sent for out of the 
quarter part to be given to the severall Military Officers and 
some plain Books of Fortification 

1 1 That the Proclamation against Exportation of corn be 
taken of 

1 2 That a Law be made to Oblige the several Counties to 
keep the publick Arms belonging to the several counties well 

p- 9°7 fixed and in good Repair to be done at the county charge and 
that all Officers that have or shall have the Custody of any 
publick Arms or ammunition do pass three particular 
Receipts for the same to be transmitted one to the Provincial 
Office another to the Clerk of the council and the third to the 
clerk of the county court where such Arms are Lodged to be 
entered in the said Several Offices and that when any Officer 
(having the custody of any such publick Arms or Ammunition 
dies that it be provided in the Law to Oblige the next Magis- 
trate or Justice immediately Repair to such Officers House and 
there Examine the said Arms by the Receipt given and so 
take care to secure them till further Order and in case it be 
found that any imbezzlements have been made of any of the 
said Arms or Ammunition that Satisfaction be made for the 
same out of such deceased Officers Estate before any other 
debts whatsoever paid and that a clause be made that none of 
the said Arms or Ammunition be made use of unless in case of 
Rebellion or Invasion (which God forbid) under paying ten 
fold the Value of the Arms or Ammunition so made use of 



Assembly Proceedings, Sept. ib-Oct. 2, 1696. 443 

1 3 th That a Law be made to Oblige the master of Ships for u. h. j. 
to Change what publick powder is found necessary to be 
changed unless the same be so very bad that it is not fit to be 
Fired away in such case all such powder is to be sent for Eng- 
land to be new done 

14 That the Parishes be more Equally divided and named 
anew and that different names be Given to the same 

1 5 That the several Parishes find at their proper Charge 
three or four Books such as shall be directed to be sent for 
whereby they may know how to Govern themselves the Charge 
whereof will not amount to above 20 s or 30 s 

16 Quere where the Library of Annapolis shall be put. 

1 7 (That a Law be made) against the Library s come in for 
the several Parishes to Oblige the Vestries to go view the said 
Libraries twice a year and three catalogues of the same be 
severally taken to be transmitted one to the Honourable the 
Secretaries Office another to the Clerk of the county court and 
the third to be kept by the Clerks of the Vestries to be entered 
in the said Several Places and where they find any Imbezzle- 
ments or Spoil made of any of the said Books unless they 
should happen by Fire or some other unavoidable Accidents 
that the ministers be Obliged to make them good out of their 
Incomes and that a penalty be inflicted upon all such Vestries 
as neglect to Visit the s d Libraries twice a Year as aforesaid 
and be Obliged to pay what Imbezzlements or Spoil shall 
happen to such Libraries except before Excepted 

18 That an Ordinance pass to Oblige the Justices of the 
several county courts to send for the Kings Arms to be put up 
in the several county courts and for a Gown for the chief Justice 
to wear in court to be paid for out of the Amerciaments and 
necessary Law Books where wanting with a penalty upon 
those that neglect the same 

19 Quaere Whether European Goods imported here and 
afterwards exported for Virginia ought to be Actually sold 
there otherwise if carried to any other place they ought not to 
Pay the ten *p Cent duty 

20 Upon reading a Letter from the right Honourable their 
Excellencies the Lords Justices commissioners of the 20 th of 
April last past Giving an Account of the French's Preparations 
for Shipping and otherwise in Order to make an Attempt 
against some parts of America and taking into consideration 
James Highs Information here read relating to the Privateer 
which without Interruption came within three or four miles of 
1 [erring Bay both which Letter and Information are laid before 
the House this Board does therefore think fit to Represent to 
the House how scatteredly the Ships lye too and Again in the 
country whereby they are both unable to Assist one another as 



444 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

u. H. j. also uncapable of being assisted by the Government proposed 
therefore that a way be found out that they may ride together 
in particular Ports to be Assigned 

21. His Excellency is pleased to Represent that Captain 
Pellew commander of the Ship Speaker having the beginning 
of July signified to his Excellency that he would be ready to 
sail the beginning of August last and after two Orders sent 
p 908 to the said Captain Pelew commanding him to ascertain the 
utmost time that he should tarry did appoint the 20 th of 
August however did not come down till near the last of the 
month his Excellency having set aside all other Business to 
wait his coming however considering the Assembly drew on 
so near by means of his long stay and that it might be for his 
Majestys Service to stop him till then in Order to carry the 
publick Pacquets and business of the Assembly for England he 
did therefore Accordingly stop him 

22 Proposed that a Law be made Impowering the Justices 
of the County Courts in Case of Death or Inability of either the 
high Sheriff Clerk of the county court or Clerk of the Indict- 
ments for to appoint pro hac Vice, or the time being a new 
Sheriff a new Clerk of the County court or new Clerk of the 
Indictments until some further Order be Given by his 
Excellency for the appointing a Sheriff some further Order 
from the honble Sir Thomas Lawrence Baronet Secretary for 
Appointing a county clerk and some further Order Given 
from the Attorney or Sollicitor General for appointing another 
Clerk of the Indictments 

23 A Petition of several merchants belonging to Pennsyl- 
vania about the ten p Cent duty and his Majestys Lawyers 
Report thereon are Ordered to be sent to the House for their 
Perusall 

24 M r Briscoes Account of the 4 d *p Gallon being all the 
Accounts that is to be had is sent to the House for their Cog- 
nizance &c 

25 His Excellency is pleased to Represent that he has 
sold the Publick Tobacco given towards the Building of the 
church at Annapolis at 13 *p Cent which he hopes may be for 
the good of the Country and does propose that some care be 
taken and Order made about building the said Church and 
the Free School there being Brick maker now in Town 

26 Proposed that some of the House appoint some of 
their members to joyn in Committee with some of his Maj- 
estys honourable Council for to inspect and view the State 
House work whether the same be done Substantial and 
every way Workmanlike according to contract 

27 That the small Parishes be made bigger tho' they 
make Chappels of Ease 



Assembly Proceedings, Sept. \b-Oct. 2, 1696. 445 

28 To find a way to make an addition to Kent Island u. h. j. 
Parish being very small 

29 To have Church Yards to every Church with Posts and 
Rails about them 

Signed -p Order H Denton Clk Concil 



September 24 ,h 1696. 

Brought from the House of Burgesses by M r Hawkins and 
Captain Hill the following Answer to the proposalls laid 
before them viz' To the first 

1 No Complaint being made either by the English or 
Indians this House conceive it most safe not to meddle there- 
with 

2 Ordered that a Law be drawn up therefore 

3 The Tobacco that is subscribed is thought to be in good 
and secure hands and when the work is begun and the Work- 
men are Agreed with by the trustees of the said Free Schools 
then the Subscribers will be ready to pay their several Sub- 
scriptions as for the Briels his Excellency is desired to Grant 
them as soon as he think fit 

4 Ordered that a Law be drawn for the secure keeping of 
the said Librarys 

5 Thought that the Country at Present is not sufficiently 
supplied with Arms but when is this House will be ready to 
join in such Address. 

6 The House humbly Conceive they have several times 
addressed his Majesty but if his Excellency desires that a 
new Address be drawn this House are ready to Join there- 
with 

7 That the said Arms be Appropriated to Ann Arundell 
County as also the Bayonets the Drums Trumpets and Ball 
to be disposed of according to his Excellencys discretion 

Also his Excellency is desired to Apply what money arises 
out of the Quarter part of the Revenue for the purchasing of 
five hundred Carbines 500 Bayonetts Cartouch Boxes to the 
Carbines Drums Trumpets & Colours for each County 

8 Referred to the Committee of Accounts to discourse 
Col° Herman therein 

9 That the Several Officers provide themselves therewith 

10 Assented to by the House. 

1 1 That the said proclamation be taken of 

V That the Committee of Laws consider a Law therefore 

14 When any of the Parishes complain to the House they 
will be remedied therein 



446 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

15 Assented to by the House 

16. Tis the Opinion of the House that the Commissaries 
Office of this province is the most proper and fitting Place to 
Lodge the said Library in because first we hope when the 
Commissary Arrives that Office will be annexed to him and 
secondly that being a Publick Office dayly open and attended 
any person desirous to study or read any of the said Books 
may have recourse thereunto and the use thereof but Con- 
ceive it necessary that the commissary give security for the 
safe keeping the said Libraries 

1 7 Ordered that a Bill be drawn therefore 

18 That an Ordinance pass to Oblige the Justices of the 
several Counties Courts to send for the Kings Arms out of 
the Amerciaments. As to the necessary Law Books there is 
a Law already provided for the same and as to the Gown 
thought it will be better Lett alone at Present till Religion 
and Education have better Ground in the Province 

19 Referred till the Act therefore be Passed 

20 Thought that to lay such an Imposition upon Shipping 
would be very inconvenient and prejudicial to their Trade 
and his Excellency is Empowered to make such Order therein 
as shall be necessary on occasion, thought fit to Leave the 
same to his Excellency to take such care therein as he shall 
think convenient 

21 Orders already Given for Captain Pellews sayling 

22 The House are of Opinion that there is no Absolute 
necessity at present for such a Law because that as to the 
Sheriff it is in the Kings Prerogative to make the same and it 
would be inconvenient to make any act that might in the least 
intrench upon the same and as to the Clerk of the County 
Court or Indictments the Justices are sufficiently qualified 
already upon such death or disability to appoint till the Secre- 
tary or Attorney General can be acquainted thereof which 
may be in a short time 

23 Resolved the Law be continued and put in Execution 

24 M r Briscoes Account referred to the Committee of 
Accounts to make Report thereof 

25 This House think his Excellency has very wisely dis- 
posed of the Tobacco and have appointed a Committee to 
go out and enquire into the said Building and what is 
raised to that end &c to desire two of the Council to join 
with them 

26 The Committee of Accounts appointed to view the 
same and to discourse with Col Herman in relation to what 
is necessary still to be done and that they acquaint the Council 
therewith and desire that two of them may be Joyned with 
them 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 447 

27 Relating to Parishes thought to be Large enough in u. H. j. 
regard Liberty is Given to one Minister to hold Plurarity of 
Benefices 

28 Thought that the Law is already sufficient 

29 The Law hath Already Reposed that Trust in the 
Vestry to make such Church Improvements as the Ability of 
the Parish is able to comply with 

W Bladen Clk Assembly 

September the 25 th 1696 

The foregoing Resolves were deliberately read over and 
Assented to by his Majestys honble Council except such as 
are hereafter remarked viz* 

As to the first it is Observed thereon that several Com- 
plaints have been made both from Dorchester Somersett and 
the Piscattoway Indians whereof several members of the 
House are Conscious therefore the Proposall is urged again 
his Excellency being pleased to signify that if any commotions 
or bloodshed for the future happen for want thereof his Excel- 
lency washes his hands clear of the same 

3 Proposall it is Observed to the House that the Lord p. 910 
Bishop of London has sent over a School Master and there- 
fore thought necessary that the School building go forward 
which cannot be done without the Tobacco be collected or 
part thereof & therefore proposed that one half if not the 
whole be collected this year 

6 Proposall the Address proposed is thought very proper 
and necessary to be drawn and therefore again proposed that 
the same be done being a matter new and as little as can be 
done by the Country for to return his Majesty thanks for such 
a Gift 

7 Proposall the request of the House therein as to sending 
for Arms drums Trumpets and Colours &c for every County 
it is not intended that the publick Arms shall be meddled with 
unless in Case of Insurrection or Invasion which God forbid 
for that the Militia are bound to fit themselves with Arms &c 
pursuant to the Law and the fines and forfeitures are Given 
towards purchasing of Drums Trumpets and Colours and his 
Excellency does not intend that any of the last mentioned 
publick things shall be Lodged any were save one of a sort 
with the Colonel of each County 

14 Proposall it is Observed that sundry Complaints have 
been made already especially from Kent County therefore 
urged Again. 

22 Proposall it is Queried whether the Justices have such 
Power of appointing a Clerk or Clerks of Indictments and 



448 Assembly Proceedings, Sept. \b-Oct. 2, 1696. 

U. h. j. that the Lawyers be consulted therein which if Judged that 
they have no such Power that then such power be added to 
their Commissions 

Proposed whether the late Act of Parliament made in Rela- 
tion to Quakers Swearing will take place in this province the 
said Law being herewith sent for the advice of the House and 
Lawyers thereof and if the same be Adjudged not to take 
place here proposed whether the House think it necessary to 
make a Law in this province conformable to the said Act of 
Parliament for the ease of the Quakers here residing 

Upon his Excellencys Representation laid before the House 
relating to Captain Pellew Commander of the Ship Speaker 
his Excellency is pleased to Offer and signify that if the 
House does not think fit for his Majestys Service that the said 
Captain Pellew be stopped for the present for the Reasons in 
the said Representation Expressed his Excellency will imme- 
diately Give directions for his Clearing to Go the said mes- 
sage was sent by the honble Col° Robotham and Col° Addison 
the which came answered from the House as follows viz' 



By the House of Burgesses September 21 st 1696. 

Upon his Excellencys proposall by the honble Col Robo- 
tham and Col Addison this morning sent in relating to the 
Clearing of Captain Humphry Pellew this House conceive 
that in regard there is a Fleet in the Country near upon 
sayling that it will not be any way prejudicial to his Majestys 
Service that the said Ship should be immediately Cleared 

Signed p Order W Bladen Clk 
Assembly 



Ordered that the further Answer from this Board be given 
thereto which was done as follows Viz' 

By his Excellency the Governor and Council Sepf the 21 st 
1696. 

The Houses answer relating the proposall about Captain 
1 'dews Sayling has been received & it being imagined that 
the House are not acquainted when the Fleet are to Sayl are 
therefore hereby Given to understand that Captain Daniel 
has brought the certain Intelligence from the Commodore 
that the Fleet will not Sail before the last of December or the 
beginning ot January at Soonest and if the House Continues 
in the same mind they would do well to signify it 

Signed p Order Hen. Denton Clk Concil 



Assembly Proceedings, Sept. \6-0cl. 2, 1696. 449 
The same came answered thus viz* u. h. j. 

By the House of Burgesses September 21 s1 1696. 

As to the Clearing of Captain Pellew the House is still of 
the same opinion 

Signed p Order W Bladen Clk Assembly. 

.Came from the House of Bnrgesses M r Hutchins and M r 
Jenkins who signify that they are sent from the House to 
present M r Edward Blay a Burgess of Cecil County to be 
sworn who had Accordingly Administred unto him the Oaths 
of Allegiance and Supremacy as also subscribed the Test p- 9 11 

September the 23 d 1696 

The Council Again sate and were Present as before Except 
Col Robotham & Col° Addison who are joyned with the 
Committee of Laws 

Ordered that it be referred to the House of Burgesses 
whether Captain Marshall and his Sea-men who have resided 
in the Country most part of a year upon building &c ought 
to Pay Leavies as well as other Inhabitants of the Province and 
whether the masters of the new Negroes imported since the 
first list of Taxables taken should be obliged to pay Leavies 
for them this year 

September the 24 th 1696 The Council again sate & were 
Present as yesterday 

Produced and read a Petition preferred by several masters 
of Ships humbly desiring allowance of ten p r Cent for making 
due entry &c Ordered that the same be referred to the 
House of Burgesses for their consideration with this following 
Remark viz' Talke of a fair Entry Inward but say nothing of 
their Entry Outward. 

Read also another Petition by the said masters preferred 
relating to rowling Tobacco the which was also Referred to 
the consideration of the House but was returned indorsed 
rejected 

As to the other Petition the House concurring therewith 
was answered in manner following viz' 

September the 29" 1 1696 By his Excellency the Governor &c. 

Upon reading the Houses answer to the masters of Ships 
petition referred relating to the ten p Cent Allowance by 
them Craved for making due entry &c His Excellency is 



450 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

u. h. j. Pleased to signify that he cannot consent thereto for the 
Reason of his Majestys Royal Instruction to the contrary 
herewith sent but if the House can find out any other way to 
satisfy them this Board does Recommend it 

Signed -p Order Hen Denton Clk Council 

One of his Majestys Royal Instructions to me And you are 
particularly not to Pass any Law or do any Act by Grant Set- 
tlement or otherwise whereby our Revenue may be lessened 
or impaired without our special Leave for it 

Fr. Nicholson 

M r Gerrard Slyes petition for Publick allowance being read 
was referred to the House of Burgesses by Order for their 
Consideration the said petition and foregoing message &c 
where sent by the honble Col Greenberry and Col Hutchins 

Came from the House of Burgesses Major Dorsey M r 
Hutchinson & M r Blay who signify that they were sent from 
the House to acquaint his Excellency that they were appointed 
a Committee to Inspect what Tobacco is Collected towards 
building a Church at Annapolis &c and for to make some 
report thereof and do desire that his Excellency would be 
pleased to appoint two of his Majestys honourable Council for 
to joyn with them therein 

Ordered that the honble Sir Thomas Lawrence Baronet 
Secretary and Esq r Brooks be added to the same who accord- 
ingly went and took several Papers delivered to them by his 
Excellency relating thereto 

The Return of the said Committee came afterwards and 
Reported as follows viz 1 

That there is in Bank for building the Church 458.. 13.. 04 
We have discoursed Workmen about the \ 
Church and the Carpenter demands for > 
his work ) 250.. 00.. 00 

The Brick Maker 090.. 00.. 00 

The Bricklayers having all Stuff laid upon 
the Place 220.. 00.. 00 

We find no means to Raise more money to carry on the 
same without the Assistance of Charitable well disposed 
Persons 

We find by computation that the Building of the Church 
at Annapolis according to the modell prescribed by his Excel- 
lency will not cost less than twelve hundred Pounds Sterling 

His Excellency is pleased to Represent that a fair oppertu- 



Assembly Proceedings, Sept. 16-OcL 2, 1696. 451 

nity offering to the Country for raising a Supply for the u. 11. j. 
Effectual carrying on of the said Church work viz' By 
imposing 3 d more upon the hhd for all Tobacco exported this 
Shipping does therefore propose that an Act pass for the 
same this Sessions considering the doing thereof will be for 
the use of the whole Country in Assemblys Provincial Courts p. 912 
and other publick times without any Burthen to the Country 
nor will be thought oppressive to merchants seing the same is 
raised for a Pious use 

Proposed likewise that 300 1 be refunded by his Excellency 
Sir Edmond Andros to this Government may be appro- 
priated for and towards building of the Church and Free 
School 

His Excellency is pleased further to Represent that foras- 
much as his Majestys Royal Act of Grace hath not as yet 
been extended to this province since his Majestys happy 
Accession to the Crown which its presumed several persons 
by Enormities some time or other committed may stand in 
need of does therefore propose that if the House will join 
with his Majesty's honourable Council for Obtaining his Maj- 
estys Gracious and General Pardon to the Inhabitants of this 
province his Excellency will use his utmost Interest to obtain 
the same 

Proposed that the Rangers be furnished out of the publick 
Arms now arrived at prime cost to be deducted out of their 
wages 

Proposed that seing the Country is destitute of any Fortifi- 
cation his Majesty be addressed to send in a Frigot to keep 
cruising here for security thereof 

Quaere whether the Acts of Parliament for receiving the 
Holy Sacrament does extend to this province 

Proposed that the Militia of the Province be new modelled 
as near as may be According to the manner of England and 
that every hundred be Obliged to fit a Proportionable number 
of men with Arms and Ammunition &c to General Musters 
and Trainings and that such of his Majestys Council justices 
of the Peace Militia Officers and Vestries as Inhabit in the 
several hundreds do meet at some set time and place therein 
to Consult and agree about the same and sending for Arms 
&c to be done by the going out of the Fleet and further that 
this may pass into an Ordinance at present until a Law pass 
therefore 

Drawn up by Order and sent by the Clerk of this Board to 
the House the following Representation viz' 



452 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

v. H. j. By his Excellency the Governor and Council &c September 
24 th 1696 

Upon reading his Majestys Royal Commission constituting 
George Muschamp Esq r to be Receiver of Potomack district 
dated 8 th of October last past wherein a Sallary of ioo 1 
Sterl p Annum is Ordered to be allowed him for the same as 
by the Commission herewith sent does more at large appear 
and George Plater Esq r his Majestys Receiver of Patuxent 
district &c being sent for the said Commission is Given unto 
him to read and is asked if he has not a like Commission (who 
after perusall thereof) does say he has Verbatim Whereupon 
it being represented that the Revenue of this Province for 
these two or three years last past has been very small Espe- 
cially the last year which did not amount to above five hun- 
dred Pounds this Board thinks fit to Represent the same to 
the House and that they would find out a way to Pay the said 
two annual Sallaries of ioo 1 &c 

September 25 th 1696 

The Council Again Sate and were Present except Col 
Addison & Esq r Brooke 

Brought from the House of Burgesses by Major Hammond 
and M r Bosnian severall Bills the following answer to the fore- 
going Representation being likewise sent viz" 

By the House of Burgesses September 25 th 1696 

The House upon his Excellencys Representation have 
perused his Majestys Commission to George Muschamp Esq r 
for being his Majestys Receiver for the district of Potomack 
and upon his Excellencys Representation thereupon We are 
of Opinion that since his Majesty hath been pleased to Grant 
Commission the Gentleman thereby commissionated ought to 
have his Sallary paid him out of that part of his Majestys 
Revenue arising out of Potomack District and if not sufficient 
there satisfy the same then out of his Majestys Revenue aris- 
ing out of Potomack and Putuxent Districk Its also humbly 
desired that answer be sent to the Resolves of this House 
yesterday sent up 

Signed -p Order W Bladen Clk Assembly. 

p. 913 An Act for securing the Parochial Libraries of this province 
read first time and will pass with Amendment 

An Act for keeping good orders and rules in the Port of 
Annapolis read first time & will pass with Amendment 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 453 

An Act for reviving the Temporary Laws of this Province 
read and thought needless & as to the Reason why the same 
should not pass a Copy of one of his Majestys Royal Instruc- 
tions is ordered to be sent to the House for their Satisfaction 
viz' 

One of his Majestys Royal Instructions to me 

And therefore you shall not enact any Law which shall be 
once enacted by you except upon very urgent occasions but 
in no Case more then once without our express consent 

The said Message was sent by Col° Greenberry and Col 
Hutchins 29 th September instant 

Fr Nicholson 



Saturday September the 26 th 1696 The Council again Sate 
and were Present 

His Excellency Francis Nicholson Esq r Captain General &c. 

Sir Thomas Lawrence Baronet Secretary Col° 
, , , George Robotham Col Nicholas Greenberry Col 

Charles Hutchins Col° David Browne Col John 
Addison Thomas Brook Esq r James Frisby Esq r 

Read a petition from several of the merchants of New York 
which were Ordered to be Referred to the House of Bur- 
gesses for their consideration it relating to the Ten p Cent 
Act And was returned from the House Indorsed and Rejected 

Upon motion made by the honble Col° John Addison and 
Thomas Brooke Esq r that they might be permited to go home 
the said Col Addison urging some pressing Occasion which 
required his attendance there and the said Esq r Brooks urging 
that his Servants are now in hand about building a Mill and 
could not go forward therew 1 ' 1 without his presence, Col" 
Robotham also desired the leave of this Board to retire home 
in Order to the looking after two several Cargoes of Goods 
which require his hast at this time 

His Excellency was pleased to say that his Majestys Royal 
Instructions unto him does direct that he shall not hold Coun- 
cils to do any Business of consequence under the number of 
five of the Gentlemen of the Council being present unless in 
case of Absolute necessity therefore acquainted them that 
they would do well to agree among themselves about it who 
should go or stay so that five might be left and he should be 
willing thereunto whereupon was Given by Consent for the 
three aforementioned Gentlemen to £0 



454 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

J. His Honour Col Greenberry signified his present indispo- 
sition of Body desires Leave to retire home till Monday next 

Monday September 28 th 1696 The Council Again sate and 
were Present 

His Excellency Francis Nicholson Esq r Captain General &c. 

memd Col Jowles came 
this day most part sick &c 

Sir Thomas Lawrence Baronet Secretary Col 
the honble Nicholas Greenberry Col° Charles Hutchins Col° 
David Browne, James Frisby Esq r 

Brought from the House of Burgesses by M r Bozman and 
M r Ferry these following Bills viz' 

An Act for the Relief of the Creditors and Legatees of 
Mark Cordea Late of Saint Marys County deceased read first 
time and this Board is of opinion that if the Attorneys on both 
sides have been heard in the thing and that the House is 
satisfied in the Legality thereof that then the bill may pass 

An Act for security of the Parochial Libraries read 2J time 
and Passed without Alteration Amendments being made as 
proposed 

An Act for Speedy Justice for small debts Read Second 
time and Passed without Alteration 

The honble Sir Thomas Lawrence Baronet Secretary Rep- 
resenting that he Officiated as President of the Council in the 
Absence of his Excellency the Governor from the 8 th of May 
1694 until the 26 th of July following for which he craves 
allowance out of some part of the Revenue then Collected and 
it being considered that the Limitt of the said time may be 
about a third of what his Honour Col Greenberry received 
914 during his Executing the Presidentship viz' 150^ sterling 
Ordered therefore that the said Sir Thomas Lawrence be sat- 
isfied and paid out of the 300'' to be Refunded by his Excel- 
lency Sir Edmond Andros to this Government the sum of 50'' 
sterling in Satisfaction of his Acting as president during the 
aforesaid time and that the House of Burgesses be acquainted 
therewith Answer thereto was as follows viz' 

By the House of Burgesses September 29 lh 1696. 

This 1 louse are willing Sir Thomas Lawrence be paid 50 Is 
Sterling for Officiating as President of this province out of the 
300'" due to this province from Sir Edmond Andros 

Signed -p Order W Bladen Clk Assembly 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 455 

September 29 th 1696 The Council again sate and were u. H. j. 
Present as yesterday 

Brought from the House of Burgesses by Major Dent and 
M r Boothby the following Resolve Bills Message & Addresses 
&c viz' 

By the House of Burgesses September 29 th 1696 

Resolved that the Trustees of the Free School or the Major 
part of them do withal convenient speed meet together and 
treat with the workmen and Agree upon the building pro- 
portionable to the Tobacco and money that is Subscribed 
which is to be collected as fast as need shall require by Order 
of the said Trustees 

As to the School Master the House desire his Excellency 
will make him reader of some parish and that he have half 
the forty *p Poll if the same exceeds not ten thousand pounds 
of Tobacco 

W Bladen Clk Assembly 

Assented to by his Excellency and his Majestys honourable 
Council 

H Denton Clk Assembly 

An Act for the relief of the Creditors of Mark Cordea 
deceased read 2 d time and it being signified that the Attorneys 
on both sides have been heard in the thing and that the 
House is satisfied thereabout is therefore passed by his Maj- 
estys honble Council without Alteration 

An Address of thanks to his Sacred Majesty for his Royal 
Gift of severalls to this country being read was approved of 
upon some small Alterations to be made therein 

Read likewise a Congratulatory Address to his most Sacred 
Majesty which was also approved of upon some small Altera- 
tion to be made therein 

Another Address to his Majesty about forfeited navigation 
Bonds is set aside for further Consideration 

Read the following message viz' By the house of Burgesses 
September 29''' 1696. 

This House do signify that they have caused the original 
Acts for 3 d -p hhd Given his Excellency during his Govern- 
ment as also the Act made in May last laying a further Addi- 
tional duty of 3' 1 -p hhd on Tobacco Exported for defraying 
the publick charge of this province for one year and no 
longer to be inspected we have also passed our last reviving 



456 Assembly Proceedings, Sept. \6-Oct. 2, 1696. 

u. h. j. Bill and find that by the same the aforesaid Bills are revived 
and put in force for the term of three years or until the end of 
the next General Assembly which we conceive hath happened 
through some neglect or mistake and to Remedy the same do 
humbly desire the said two Acts may be Repealed and drawn 
up a new declaring thereby the Act for the 3 d *p hhd given his 
Excellency to be in force during his Government only accord- 
ing to the Originall and true Intent of this House and the last 
3 d to continue and be in force until the 1 2 th day of May which 
shall be in the year of our Lord God 1698 and applied to the 
building of the Church at Annapolis 

Signed -p Order W Bladen Clk assembly 

Ordered that an answer to the same be drawn up which 
was done as follows viz' 

By his Excellency the Governor and Council &c September 
29 th 1696 

The message relating to the Additional duty of 3 d p hhd 
to his Excellency was Received and here read which 
is answered by the message this day sent by the honble Col 
Greenberry and Col Hutchins to which the House is referred 
and to the Copie of his Majestys Royal Instruction therewith 
sent the House having sent no answer to the proposall about 
the Church. As to the proposall about the School Master it 
is Agreed of 

Hen Denton Clk Council 

P . 915 Brought from the House of Burgesses by M r Hall and 
Major Swallwood the following Bills and Resolves viz 1 

An Act for security of the Parochial Libraries read 2 d time 
and passed without Alteration 

An Act for speedy Justice for small debts read 3 d time and 
Passed without Alteration 

Read the following Resolve viz' 

By the House of Burgesses September the 29 th 1696 
Resolved that the Justices of the County courts upon the 
death or disability of the Clerk of the County or Clerk of the 
Indictments be hereby empowered to appoint such Clerk of 
the County Court or Indictments p hac Vice until further direc- 
tions from the honourable the Secretary or Attorney General 
•p Order W Bladen Assembly 
Assented to by his Excel- ] 
lency and his Majestys honble '• 
Council I 1 ten Denton Clk Council 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 457 

Proposed that M r John Bray be Gratified for his Trouble u. h. j. 
and pains taken about the Libraries having respect also to his 
Expenses therein 

September the 30 th 1696 The Council again Sate and were 
Present as yesterday 

The Division of the Arms &c being read was by Order laid 
before the House viz' 

An Account of the Arms &c purchased out of the Quarter 
part of the Revenue being apportioned and divided is as fol- 
lows viz' 

10 Hand Mortars one to each county on the Western 
Shore and one to each county on the Eastern Shore except 
Kent 

20 Granado pouches two of each sort to the said counties 
200 Granado Shells 20 a Piece to each of the said counties 
600 Fusees 60 a Piece to each of the said counties 
6 Brass Lanthorns 6 Compasses 6 Horse pike & 6 Powder 
Provers 6 Perspective Glasses 6 Drums and 6 Trumpets one 
of each Sort of the said things to be sent to Prince Georges 
Ann Arundell & Baltimore counties on the Western Shore 
and one of each Sort to Cecil Talbot and Somerset counties 
on the Eastern shore 

1 2 Pair of Drum heads a pair to be sent to each of the said 
Counties 

20 Saddles and Bridles &c 20 Pair of Pistolls 20 Bayonetts 
and Belts and 20 Cartouch Boxes to be set aside for the 
Rangers 

80 Pair-of Pistolls remaining 10 Pair whereof to be kept in 
Ann Arundell county and 7 Pair a Peice to be sent to each of 
the said counties 

80 Carbines and Belts remaining 10 whereof to be kept in 
Ann Arundell County & seven Pair a Piece to be sent to each 
of the other counties 

60 Cartouch Boxes and Belts Remaining 10 whereof to be 
kept in Ann Arundel county and five a Piece to be sent to 
each of the other counties 

60 Bayonetts and Belts 10 whereof to be kept in Ann 
Arundel County and five a Piece to be sent to each of the 
other counties 

25 Pick Axes five whereof to be kept in Ann Arundel 
County and two a Piece to be sent to each of the other 
counties 

25 Mattocks 5 whereof to be kept in Ann Arundel county 
and two a Piece to be sent to each of other counties 



458 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

i.j. 50 Wheel Barrow Irons 10 whereof to be kept in Ann 
Arundell county and 4 a Piece to be sent to each of the other 
counties 

48 Steel Spades 8 whereof to be kept in Ann Arundell 
county and 4 a Piece to be sent to each of the other counties 

48 Shovells 8 whereof to be kept in Ann Arundell County 
and 4 a Piece to be sent to each of the other counties 

60 Barrels of Shot viz' 20 of Muskett 20 of Carbine and 20 
of Pistoll Bulletts 2 of each sort to be sent every county 
except Kent 

38000 Flints 3860 to be sent to each county of the Province 

Ordered that all the foregoing Arms &c be Lodged with the 
Colonell of each respective County to which they are sent and 
that those Arms &c which are kept for Ann Arundell County 
be Lodged within the Port of Annapolis none whereof are to 
be meddled with or made use of upon any occasion whatso- 
ever unless in case of Invasion or Insurrection which God 
forbid Kent county if in want of any of the foregoing things 
which they have not being so nigh this place maybe Supplied 
from hence 

.916 This Board has thought convenient that the said Arms &c 
be divided and disperced as afore Expressed by Reason his 
Majesty has no Fortification here and therefore think this way 
will conduce most to his Majestys Service 

Proposed that a way shall be found for the safe Conveying 
of the said Arms &c to the several counties supposing conve- 
nient opportunities may now offer by some of the members of 
the House or Suitors of the provincial Court 

Signed *p Order Hen Denton Clk -Council 

By the House of Burgesses September 3o' h 1696 

The within division of Arms Assented to and as to the con- 
veying them to the several counties 

Ordered that the several counties take care to send for the 
same 

Signed p Order W Bladen Clk Assembly 

September the 30 th 1696 Assented to by his Excellency 
and his Majestys honble Council & Ordered that the said 
Arms &c be sent Away by the opportunity of several Boats 
now in the Harbour and that Major Edward Dorsey deliver 
out the said Arms &c pursuant to the foresaid Division and 
take Receipt for the same accordingly 

Signed -p Order Hen Denton Clk Council 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 459 
Read the following resolves sent from the House Viz' u. 

By the House of Burgesses September 26 th 1696 

Resolved that where there is any difference concerning the 
Bounds of Indian Lands that the same be resurveyed and 
that the persons hereby Appointed do Examine the Records 
and see the same run out (to witt) for the Indians Lands in 
prince Georges County Col° John Addison M r William Hatton 
and M r William Hutchinson 

For Dorchester County Col George Robotham Col° 
Charles Hutchins Major Thomas Smithson Major Thomas 
Ennals & M' Thomas Hicks 

As to the Indian Lands in Somerset County Ordered that 
the Order of that County Court be pursued 

Assented to by the House of Burgesses 

W Bladen Clk Assembly 

September 30 th 1696 Assented to by his Excellency and 
his Majestys honble Council 

Hen Denton Clk Council 

Brought from the House of Burgesses by Major Dent M r 
Smithson & M r Helmsley the following Message Resolves 
and Bills viz' 

By the House of Burgesses September 30 th 1696 

This House have seriously considered of the several propo- 
sals made to us by his Excellency of impoeing 3 d -p hhd more 
then what is already proposed but after all our endeavours we 
find that we cannot do it without Offering Violence to our 
consciences and Country according to the best of our Judg- 
ment and Reason and to shew our Readiness to contribute to 
the utmost of our Abilities to the Service of God in building a 
Church' and free School at Annapolis we have proposed and 
Resolved that out of the Revenue raised for defraying the 
charge of the province by the 3 d p hhd one years Revenue 
thereof be appropriated towards building the Church at 
Annapolis and that out of the 300 Is sterling to be returned to 
this province by Sir Edmond Andros after 50^" deducted for 
Sir Thomas Lawrence Sallary as President & <- > o£ more 
thereof to be to Sir Thomas Lawrence, if the Church School 
Law and Coyn pass his Majestys Royal Assent the other two 
huudnd Founds thereof we are desirous should be Appro- 
priated to the Free School at Annapolis but in case the said 



460 Assembly Proceedings, Sept. 16-Oc/. 2, 1696. 

u. 11. j. Acts of Religion School and Coin do not pass we are desirous 
that fifty pounds also be Appropriated to the use of the 
Free School to which we humbly pray his Excellency and 
Councils Concurrance 

We also humbly pray the honble Council will with us 
interceede to his Excellency to joyn with us in an address to 
his Majesty for relief of several of his Majestys Loving Subjects 
in this province under Penal navigation bonds which we 
humbly hoped for by what his Excellency was pleased to say 
to us at the first of this Assembly 

Signed -p Order W Bladen Clk Assembly 

Ordered that an answer to the same be drawn up which 
was done as follows viz' 

p- 917 By his Excellency the Governor and Council &c September 
30 th 1696 

The Message by M r Dent &c was received and here read 
and it is remarked to the House thereon that the Proposall 
made for Imposing another 3 d upon the hhd was for a pious 
use vizt towards building a Church at Annapolis for the use of 
the whole Country in Assembly and Provincial Courts and 
other Publick meetings tho the House has taken no notice 
thereof in their message His Excellency is pleased to signify 
that he is not so dogmatical as to imagine his own opinion 
therein to be infallible or endued with Eloquence enough to 
perswade the House against their own Inclination or to force 
peoples consciences Yet his Excellency is pleased together 
with his Majestys honourable Council to Assent what the 
House has proposed thereabout tho they have given no 
Reason for rejecting his Excellencys proposall 

_ As to the latter part of the message about interceeding with 
his Excellency to join in an Address to his Majesty for relief 
of several of his Majestys Subjects &c under penal navigation 
Bonds his Excellency is pleased to say that he can do nothing 
therein Legally until Judgment has been Recovered .thereon 
which done then he will at present order a Suspention of 
Executions issuing until his Majestys Pleasure shall be further 
known and that if his Majestys honourable Council and House 
of Burgesses shall think fit to Address his Majesty at Present 
his Excellency will not fail of being as good as his word in 
affording his Interest &c. 

Signed -p Order Hen Denton Clk Council 

Read the following Resolves viz' Resolves of the House of 
Burgesses 



Assembly Proceedings, Sept. \6-0ct. 2, 1696. 461 

That the Additional duty of 3 d p hhd for defraying the r.u.j. 
publick Charge of this Province for one Year be applied to 
building the Church at Annapolis 

No Address to be sent to his Majesty for a Frigott to attend 
this Province for security thereof 

The Act of Parliament for taking the Sacrament thought to 
be in force only to those who think in their Consciences they 
are obliged to take it 

The Gratification of M r Bray rejected 

The Act of Parliament relating to Quakers Testimony thought 
to be in force in this province 

The negroes imported by Captain Elby not to pay Leavies 
this year Captain Marshall and his men to pay Leavies 

As to the Report to be made concerning the militia the Law 
therefore is thought sufficient 

A Standing committee appointed to inspect the Laws &c 
Examine the publick Accounts of Major Dent M r Clark Major 
Hammond Captain Hill and Major Thomas Smith 

W Bladen Clk Assembly 

The foregoing Resolves are Assented to by his Excellency 
and his Majestys honourable Council except such as here- 
after remarked by this Board viz 1 

It is remarked upon the Resolve about addressing his 
Majesty For a Frigot &c that if in case any damage should 
happen which God forbid for want of one the ill consequence 
thereof will lye at their doors 

The Gratifying M r Bray being rejected by the House the 
question is asked whether the House do imagine any person 
will do their Business for nothing when he has and is like to 
be at so Considerable a charge 

Two Letters from the said M r Bray being herewith likewise 
sent for their Perusall 

The House being of Opinion that the Law about the 
Militia is already sufficient his Excellency does expect that the 
same be complied with and therefore this Board does advise 
that the members of the House give notice to their Counties 
when they go home that they provide themselves accordingly 

A Supplicatory Act about the Commissaries Office read 
first time and Passed without Alteration 

An Act relating to Bail to be taken by the Sheriff in Action 
of Trespass upon the Case read and Passed without Alteration 
Provided his Majesty be no ways Damnified thereby about 
which the Lawyers are to be consulted 

An Act for the better Clearing of the Roads and directing 
all Travellers Travelling through the Province read 2 ' time 
and passed without Alteration 



462 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

U. 11. j. Read the following message sent from the House viz 1 

By the House of Burgesses September 30 th 1696 

p. 918 This House humbly desire his Excellency to expedite the 
Bills and other things down to this House that an end may be 
put to this present Sessions which hinders all other Business 
at Present and that thereby the Sollicitors attending the 
Provincial Court may be the better accommodated for want of 
which they Grievously complain 

Signed -p Order W Bladen Clk assembly 

The said Several Bills and other matters lying before this 
Board were accordingly sent down together with the following 
Proposalls viz' 

Proposed that the Treasurers and Naval Officers prepare 
their accounts ready to be sworn to at the Passing the Laws 
in like nature as they did the last Assembly 

October 1st 1696 The Council Again sate and were present 
as Yesterday 

Drawn up by Order several Proposalls in Order to be laid 
before the House viz' 

Proposed that an Ordinance pass for endeavouring to 
satisfy and quiet the minds of all hisMajestys Loving Subjects 
within this province and for taking of Scandalous and milicious 
Reports viz' That when his Excellency came first to this 
Government he found the same much indebted both in money 
and Tobacco and tho several Assemblies have been called 
since his Arrival in this Place that the same were never called 
but upon special Accounts viz' for the Glory of God the Service 
of the King and good of the Country and that tho the Country 
was so much in Arrears and Indebted yet that the same now 
(God be thanked) this very Assembly Gott Clear and out of 
Debt and the Court House paid for and is hoped will be now 
kept so that it be signified that the money raised by the 
several Impositions and duties from time to time have been 
duly Appropriated to the uses they were so raised and that 
neither the Tobacco nor money has been Appropriated to his 
Majestys Service nor his Excellencys use but the money paid 
now his Excellency out of the Impositions is what his 
Excellency lent them and without Interest 

That it is hoped in God there will be no occasion for an 
Assembly to sit this twelve month 

Proposed that the said Ordinance be made publick in all 
Churches Chappels and Court Houses 



Assembly Proceedings, Sept. \b-Oct. 2, 1696. 463 

Proposed that the House of Burgesses empower some person u. 11. j 
or more for to make an Agreement about keeping a Publick 
Ferry betwixt this port and Kent Island not exceeding the 
sum of twenty thousand Pounds of Tobacco 

Its reminded to the House that they have made no Answer 
to the proposall about the Rangers paying for their arms &c 
viz, one half this year and the other next year 

Sir Thomas Lawrence does further represent that whereas 
upon Perusall of the Countries Accounts allowed by the House 
of Burgesses he finds 45'" allowed to Col Blakiston for a year 
and half Sallary as one of his Majestys Council who had places 
of profit as well as himself he Remarks that having such a 
place could be no Reason to debar him of his right of 30'' p 
Annum as Councillor and Consequently that the payments of 
sixty pounds for his two years Sallary upon that Account when 
he went into England was his Due, and not an Encouragement 
for him to go into England upon the Countries Service as was 
said in their Journall of Assembly in October 1694 and there- 
fore does declare that he has received nothing from the Country 
for all the Services he has done them notwithstanding he has 
regained to the Government 

Whereas it is thought a Grievance to the Country in Generall 
that his Majestys honble Council are allowed 150' Tobacco p 
diem each for their attendance upon Councils &c it is therefore 
proposed that they be for the future severally allowed an 
Annual Sallary in money according to the Allowance made in 
his Excellency Governor Copleys time 

Upon reading a Bill intitiled an Act for making the Town of 
Doncaster &c here preferred it is observed that whereas his 
Majesty hath no naval force here care must be taken and 
endeavours used for to have the Ships ride together in some 
convenient Ports or Harbours and not to lye so stragling 

Proposed that something be Given out of the money raised 
upon the Act for Furs &c unto the School Master he being 
sent in by my Lord Bishop of London 

Proposed that some person be Empowered to Treat about 
Building of the Publick Church here According to the Draught 
hereof for it is hoped that the money for the Tobacco and what p. 919 
the 3 d p hhd will Amount to this year may go very nigh paying 
for the Out side work and his Excellency hopes in God that 
his Majestys Loving Subjects of this province Merchants and 
others in the Kingdom of England will be so charitably dis- 
posed to Subscribe for so much as will fully com pleat the 
Church and if they think Proper his Excellency will issue out 
Briefs here and write to merchants and others in England 
about it and the Free School to 

The Account of the publick money &c Stated by the Com- 
mittee of Accounts read and Approved of 



464 Assembly Proceedings, Sept. \6-0ct. 2, 1696. 

u. 11. j. The aforesaid severall Proposalls were sent down to the 
House by the Clerk of this Board who returns and says he 
delivered it 

October the 2 d 1696 The Council again sate and were 
Present as before 

Brought from the House of Burgesses by Major Dent and 
several other member