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Full text of "Chronicles of colonial Maryland, with illustrations"

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CHRONICLES 



OF 



COLONIAL MARYLAND 



WITH ILLUSTRATIONS 



BY 

JAMES WALTER THOMAS 



Member of the Maryland Historical Society 



THE EDDY PRESS CORPORATION 
CUMBERLAND, MD. 



Copyright 1913 

James Walter Thomas 

All rights reserved 



1198817 



PREFACE 

TPHIS work may be classified as an historical review of Maryland, 
anterior to and during the American Revolution, though its Author be- 
stows upon it the more modest title— Chronicles of Colonial Maryland. 
His chief object has been to explore and develop historic fields which have 
hitherto either|been wholly neglected, or have received but scant notice at 
the hands of historians. This does not apply to the first chapter, the ob- 
ject of which was to re-locate a cherished landmark, "once known, but 
forgotten" — the historic island of Saint Clement's — and thus rescue from 
oblivion, the spot consecrated as the first landing place of the Maryland 
colonists; as well, also, to identify the exact point of landing at the place 
of its permanent settlement. The Author, while conscious of the laborious 
research and painstaking care bestowed upon it, fully realizes that a work, 
so largely one of original research, is inevitably not without imperfections. 
In submitting it, therefore, to the public, he does so with the assuring hope 
that the learned and generous will appreciate the difficulties attending the 
undertaking, and will accord consideration and justice to the motive which 
animated this humble tribute to his native State. 

J. W. T. 
Cumberland, Maryland, 

March 27th, 1913. 



Contents 



CHAPTER I. 

PLACE OF LANDING OF THE MARYLAND COLONISTS. 

Place of first landing named Saint Clement's — Impressions of the 
Colonists on seeing the Country — First Mass celebrated in Maryland — 
Identity of Saint Clement's Island rescued — Place of Permanent Settle- 
ment selected — Place of Landing identified — View of — Name bestowed 
on first Maryland Town — Natives — Origin of certain Indian Names, 9-18 

CHAPTER II. 

THE FIRST CAPITAL OF MARYLAND. 

Location — Beauties of Situation — Baltimore's Instructions concern- 
ing it — Character of Improvements — Fort Saint Mary's — Location of 
principal Streets — Lots, and Houses — State House — Jail — "Old Mul- 
berry" — Copley Vault — Taverns — First Water Mill — Roman Catholic 
Church — Protestant Church — Baltimore's Home — 'The Castle".. 19-47 

CHAPTER III. 

the first capital of Maryland — Continued. 

First General Assembly — Organization of — Early struggles for po- 
litical freedom — Character of Legislation — Ingle's Rebellion — Religious 
freedom — Death of Governor Leonard Calvert — Life and character of — 
His Descendants — Battle of the Severn — Puritan reign — Fendall's Rebel- 
lion — Effort to have Capital removed — Maryland Coin — Protestant Rev- 
olution — Royal Government — Removal of Capital — Downfall of Saint 
Mary's — Calvert Monument — An historic spot 48-68 

CHAPTER IV. 

RELIGIOUS TOLERATION IN COLONIAL MARYLAND. 

Religious Toleration established from the date of the settlement — 
A Cornerstone on which the state was founded — Its Rigid Enforce- 
ment — Maryland the first home of — The Act concerning Religion — 
Its scope and purpose — How passed — The Religious Toleration of 
Rhode Island — Roger Williams, its supposed patron 69-76 



CHAPTER V. 

SEPARATION OF CHURCH AND STATE IN COLONIAL MARYLAND. 

It fell to the destiny of Maryland to work out this great problem — 
How it was accomplished — Baltimore encountered the opposition of 
his church — How he met it — Had no confidence in Jesuits — A great 
principle in political economy and in the development of civiliza- 
tion 77-82 

CHAPTER VI. 

LAND TENURE OF COLONIAL MARYLAND. 

Maryland a Palatine — Rights and Powers of a Court Palatine — 
Character of Tenure — -How Land could be obtained — To whom, and 
in what quantity granted — Nature of the grants — Statutes of Mortmain 
— Remnants of Feudal Tenure — Fealty — Escheats — Fines — Relief — Quit- 
rents — The latter a large source of revenue to Proprietary — Difficulties 
in their payment — Confiscation of Proprietary rights — Contest among 
Heirs of last Proprietary — Curious data from Land Office 83-99 

CHAPTER VII 

LAND TENURE OF COLONIAL MARYLAND. 

Methods of transferring Land — Livery of Seisen — Indentures — 
Deeds of Conveyance — Acknowledgments — Descent of Land — Manors — 
Primogeniture — Entailment — Influence in shaping Institutions, and hab- 
its of people — Its tendency aristocratic 100-1 10 

CHAPTER VIII 

JUDICIAL SYSTEM OF COLONIAL MARYLAND. 

Gradual development of the system — Justices of the Peace — County 
Court — Manorial Courts — Prerogative Court — Chancery Court — Admir- 
alty Court — Assize Courts 111-136 

CHAPTER IX. 

JUDICIAL SYSTEM OF COLONIAL MARYLAND. 

Provincial Court — Origin of — Justices of — Jurisdiction of — Chief 
Judicial Tribunal — Court of Appeals — Appeal to King and Council — 
Early Reports — Characteristics of Provincial Judiciary 137-153 

CHAPTER X. 

CHARACTERISTICS OF MARYLAND ESTABLISHMENT. 

Protestant Episcopal Church in Early Maryland — Became estab- 
lished Church — Nature of Establishment — Parishes — English ecclesias- 
tical law not in force — Induction, its uses and abuses — Church tax — 
Contest over — Abolished — Glebes — Church Wardens — Clerks — Regis- 
trars 154-189 



CHAPTER XL 
some of Maryland's early churches. 

Division of Province into Parishes — Number in each County — Wil- 
liam and Mary Parish — King and Queen — All Faith — Saint Andrew's — 
Prince George's — Marriage Records of Latter — Newtown Church — Saint 
Inigoe's — Saint Joseph's — Sacred Heart — Saint Aloysius — Saint John's, 
190-222 

CHAPTER XII. 

THE GREAT SEAL OF MARYLAND AND HER FLAG. 

Great Seal unique — Heraldic in design — Description of — Those in 
use before the Revolution — Those after — Lesser Seals at arms — Impres- 
sions of on Money — Present Great Seal — Origin of Flag — Design of— 
Early uses of — Beauty of — Great Seal of United States — Origin of The 
Stars and Stripes 22.2-237 

CHAPTER XIII. 

FORCE AND VALUE OF THE MARYLAND LINE IN THE AMERICAN REVOLUTION. 

Formation of the Maryland Line — Well appointed and organized- 
Commanded by Colonel William Smallwood — Maryland Rifle Com- 
panies — Maryland Line ordered to New York — Made part of the Divis- 
ion of Brigadier-General Stirling — In Battle of Long Island — Its Hero- 
ism — Its terrific charges — Saved the American Army — Covered Wash- 
ington's Retreat from Long Island — At advance posts at Harlem— Or- 
dered to cover retreat from New York, after failure of other troops— 
In battles of Harlem and White Plains — Destruction of enemy by Mary- 
land and Virginia riflemen at Fort Washington — Maryland Line cov- 
ered Washington's retreat through New Jersey — Crossed the Delaware 
with Washington — In battles of Trenton and Princeton — Badly thinned 
and shattered by end of the season. 

CAMPAIGN OF 1 777. 

The Maryland Line re-enforced and increased to eight battalions — 
Divided into two brigades — Commanded by Brigadier-General Small- 
wood and Brigadier-General De Boore — Part of General Sullivan's 
Division — In Battle of Brandywine — In Battle of Germantown — Drove 
British Light Infantry from the field — In winter quarters under Small- 
wood, at Wilmington to protect the State of Delaware — Captured val- 
uable prizes. 

CAMPAIGN OF 1778. 

Maryland Line again re-enforced — In Battle of Monmouth — Held 
back enemy until Washington could form — Ordered up to secure the 
day — Marched to Middlebrook to protect the State of New Jersey. 



CAMPAIGN OF 1779- 

Maryland's quota for campaign of 1779 — Depreciation in currency 
compelled General Smallwood to ask that better provision be made for 
support of the Maryland Line — Ordered to Elizabethtown, New Jersey — 
Major Stewart of Maryland Line in capture of Stony Point — The 
Maryland Line at Paulus Hook (Jersey City) — Formed right wing 
of army at Morristown. 

CAMPAIGN OF 1780. 

Maryland asked to furnish 1400 additional men — Maryland Line 
sent South to re-enforce Southern department, under General Baron 
DeKalb — Its passage through Maryland — The folly of Gate's line of 
march — Battle of Camden — Terrific charge of — Whole British force 
brought against it — Flight of Gates — Fall of DeKalb — Loss to line heavy 
— Smallwood in command — Gist hurried to Maryland for recruits. 

CAMPAIGN OF I781. 

General Nathaniel Greene superseded Gates in command of South- 
ern department — Smallwood promoted to Major-General — Was retained 
as second in command — The Maryland Line under command of Colonel 
Otho Holland Williams — The Maryland Line at the battle of Camden — 
Colonel John Eager Howard a hero — Greene's masterly retreat — Wil- 
liam's splendid strategy in covering it — Battle of Guilford Court House 
— Other strongholds of the South — Eutaw Springs — Maryland Line 
charges the Buff's — Desperate struggle — Won the admiration of the 
enemy — Smallwood in Virginia with Lafayette — Yorktown — Maryland 
line turns its face homeward — Disbanded — An essential factor in the 
war for Independence — Justly treated by a grateful State .... 238-302 

CHAPTER XIV. 

THE WESTERN RESERVE AND MARYLAND'S PART IN IT. 

A vast domain — Grasping claims of Virginia, New York, Connec- 
ticut and Massachusetts — Maryland rose to the occasion — Her position 
towards it — Resolute way in which she pursued it — Her claim ultimately 
sustained — An immense folkland thus obtained for the new Confeder- 
ation — Its acquisition speedily led to far-reaching results — Cornerstone 
of the American Republic 303-314 

CHAPTER XV 

CHRONICLES OF SAINT MARY'S COUNTY. 

Oldest County organization — Theatre of Maryland's early struggles 
— Beauties of — Resources of— Boundary of — Early civil divisions — 
County seat— Other early towns— Ports of Entry— Roads — First mail 
route — Historic value of Will Records — Traditions — Early School Sys- 
tem—Charlotte Hall— Revolution— Civil Officers 3i5"347 



CHAPTER XVI. 

CHRONICLES OF SAINT MARY'S COUNTY. 

Historic places — Character of improvements — Governor Calvert's 
Manors — Cross Manor — Mattapany — Susquehanna — Sotterly — Fenwick's 
Manor — De La Brooke — Trent Hall — The Plains — Calvert side of Pa- 
tuxent — Deep Falls — Bashford — Notley Hall — Brambly — Bushwood — 
Saint Clement's Manor — Tudor Hall — Portobello 348-377 

APPENDIX. 

Letter, 1799, giving account of opening of "Copley Vault," at 
Saint Mary's City— Topographical Map of Maryland's First Capital, 
showing location of principal lots and house 379-381 



Illustrations 



Page 

Chancellor's Point 17 

Saint Mary's Bluff, site of First State House 29 

Maryland's First State House 31 

Great Seal of Maryland under the Proprietary Government.... 227 

Reverse of the Great Seal used by Cecelius, Lord Baltimore 228 

Lesser Seal at Arms 229 

Plate for Stamping Seal on Money 230 

Present Great Seal of Maryland 233 

The Maryland Flag 237 

Map of Leonard-Town 325 

Map of Saint Mary's City Appendix 



Colonial Maryland 

CHAPTER I 
Place of Landing of the Maryland Colonists 



QN the 5th of March, 1634, the Ark and the Dove, bearing 
the representatives of the two great principles — "politi- 
cal freedom and religious peace", for which Maryland became 
renowned — after a long and eventful voyage from the old to 
the new world, entered the Potomac River. 1 

Charmed with the genial climate, picturesque landscape 
and majestic waters that greeted them, Governor Leonard 
Calvert and his companions began naming the places as they 
passed, calling the southern part, at the mouth of the river, 
Saint Gregory 2 (now Smith's Point) and the northern poini 
(now Point Lookout) Saint Michael's. 3 

Sailing up the river amid the consternation of the Indians, 
and by the "light of their council fires, which blazed through 
the land," they anchored at an island which they named Saint 

1 "Relatio Itineris in Marylandiam." — The Report of Father 
Andrew White, one of the Maryland Colonists, to his superiors at 
Rome, April, 1634; discovered by Rev. Wm. McSherry in the archives 
of the "Domus Professa," and published by the Maryland Historical 
Society; "Relation of Maryland," dated Saint Mary's, May, 1634, pub- 
lished in London, 1634, and republished as "Shea's Early Southern 
Tracts," No. 1 ; "Relation of Maryland," published in London, in 1635, 
and republished, with map of the country, by Joseph Sabin, of New 
York. 

2 Ibid. 

3 The pleasing impressions which the Maryland Colonists formed 
of their new country and surroundings, may be gathered from the fol- 
lowing extracts from Father White's report of the voyage and landing: 
"The country is not without such things as contribute to prosperity and 



io COLONIAL MARYLAND 

Clement's. 1 This island, as described at the time, was thickly 
wooded with cedars, sassafras and nut trees, and abounded in 
herbs and flowers, but had such a sloping shore that a landing 
could only be effected by wading. 2 It is twenty-six miles from 
the mouth of the Potomac, lies directly above Saint Clement's 
Bay, and half a mile from the Maryland shore. 

Leaving the Ark and the greater part of the colonists 
there, Governor Calvert spent some days exploring the coun- 
try and treating with the Indians, ascending the river as high 
as Piscataway, nearly opposite Mount Vernon. During his 
absence "a court of guard" was kept at Saint Clement's, while 
others of the colonists were occupied in putting together a 
barge, the parts for which they had brought with them, and 
in getting out material for a palisado. 3 On his return, prepa- 
rations were made for religious ceremony, and on the 25th of 

pleasure." "The soil seems remarkably fertile, is dark and not hard, to 
the depth of a foot, and overlays a rich, red clay." "Fine groves of trees 
appear, not chocked with briars or bushes and undergrowth, but grow- 
ing at intervals, as if planted by the hand of rrian." There are "straw- 
berries, vines, sassafras, acorns, and walnuts;" also, "deer, beavers, 
and squirrels," and "an infinite number of birds of various colors, such 
as eagles, crows, swans, geese, turkeys, partridges, and ducks." "Nu- 
merous springs furnish a supply of water." "Never have I beheld a 
larger or more beautiful river (than the lower Potomac). The Thames 
seems a mere rivulet in comparison with it; it is not disfigured with 
swamps, but has firm land on each side." The Saint George's (Saint 
Mary's) River "has two harbors, capable of containing three hundred 
ships of the largest size." "The natives are very tall, and well propor- 
tioned; their skin is naturally rather dark, and they make it uglier by 
staining it, generally with red paint, mixed with oil to keep off the mos- 
quitoes." "The soles of their feet are as hard as horn, and they tread 
on thorns and briars without being hurt." "The race are of a frank and 
cheerful disposition, and understand any matter when it is stated to 
them ; they have a keen sense of taste and smell, and in sight, too, they 
surpass the Europeans. They live for the most part, on a kind of paste, 
which they call Pone and Omini, both of which are made of Indian 
corn, and sometimes they add fish, or what they have procured by hunt- 
ing or fowling. They are especially careful to refrain from wine or 

1 Ibid. » Ibid. 

3 Relation of Maryland, 1634. 



THE LANDING u 

March (the day of the Annunciation of the Virgin Mary), 
1634, among the trees and flowers, they celebrated, at Saint 
Clement's, the first mass in Maryland. They then erected a 
great cross, "hewn out of a tree," as a "trophy to Christ," 
and as an emblem of Maryland's christian faith. 1 After this, 
with solemn ceremonies, they took formal possession of the 
country for "our Saviour and for our Sovereigne Lord the 
King of England." 2 

It should here be noted that it is singularly unfortunate 
that historians have fallen into the grave error of asserting 
that the Island of Saint Clement's, thus consecrated as the 
landing place of the pilgrims of Maryland, has long since 
yielded to the ravages of the insidious and relentless surf, and 
has almost disappeared — an error resulting apparently from 
a misapprehension of the location of the island and the 
assumption that it was the same as Heron Island, nearby, but 
more inland and immediately at the mouth of Saint Clement's 
Bay, and which, well authenticated tradition says, for more 
than a century and a half has been practically washed away. 
The pioneer Maryland historian, Bozman, 3 left the matter in 
doubt. Later, Dalrvmple, in his valuable annotation of "The 
Relatio Itineris in Marylandiam", and who appears to have 
made it the subject of personal investigation, concluded that it 

warm drinks, and are not easily persuaded to taste them." "They run 
to us of their own accord, with a cheerful expression on their faces, and 
offer us what they have taken in hunting or fishing," sometimes bringing 
"oysters, boiled or roasted." "They cherish generous feelings towards 
us, and make a return for whatever kindness you may have shown 
them." "They live in houses built in an oblong, oval shape. Light is 
admitted into these through the roof, by a window a foot and a half 
long, this also serves to carry off the smoke, for they kindle the fire in 
the middle of the floor, and sleep around it. Their Kings, however, and 
chief men, have private apartments of their own, and beds, made by 
driving four posts in the ground and arranging poles above them hori- 
zontally." "One of these cabins has fallen to me." "It has been fitted 
up" as a temporary place of worship, "and you may call this the first 
chapel of Maryland." 

1 Relatio Itineris. 

2 Relation of Maryland, 1634. 

3 Bozman's History of Maryland, p. 27. 



12 COLONIAL MARYLAND 

was Heron Island on which the landing was made and to which 
the name of Saint Clement's was affixed. As recorded by 
him, "the name has disappeared and almost the whole of the 
island has been washed away by the river. * * * All that is 
left of it is a sand bank of about ten acres". 1 Still later 
authors, among them Scharf, Bryant, and even the careful 
and painstaking Brown have united in the confounding of 
Heron Island with Saint Clement's, and thus recording it as 
a lamentable, but nevertheless an historical fact, that the spot 
on which the colonists of Maryland first set foot upon her 
soil, and proclaimed the right of sovereignty over her domain, 
— than which none should be more sacred to the memory of 
her people — no longer exists either in fact or in name. 2 

They are not one and the same. A chronicle of the land- 
ing says, "they sayled up the river till they came to Heron 
Island (so-called from the large number of birds there of 
that name) which is about 14 leagues, and there came to 
anchor under an island near unto it which they called Saint 
Clement's." 3 A map of that time, 4 and also one of later date, 5 
as well as the early land grants of the land nearest these 
islands, 6 not only confirm this as to the separate identity of 
the two, but show that their relative position at that day was 
the same that the remnant of Heron Island bears to-day to the 
undiminished proportions of Saint Clement's. In name only 
has it changed. The first grant of Saint Clement's Island was 
to Dr. Thomas Gerrard in 1639, when it was included in the 
grant of Saint Clement's Manor. From him, through inter- 
marriage of his daughter Elizabeth, with Colonel Nehemiah 
Blackiston, it passed to the Blackistons, and from long posses- 
sion in them, it came to be called Blackiston's Island, the 
name it bears to-day. It is true. Father White and the Rela- 

1 Relatio Itineris, Dalrymple's note, p. 104. 

2 Scharf , History of Maryland, 1, p. 74; Brown, History of Mary- 
land, p. 23; Bryant, History of United States, 1, p. 492. 

3 Relation of Maryland, 1634. 

4 Map in Relation of Maryland, 1635. B Maps, 1670, Shea, p. 45. 

e Patents to Wm. Britton for Little Britton, and Thomas Gerrard 
for Saint Clement's Manor, 1639 in Land Office, Annapolis. 



THE LANDING 13 

tion of 1634, the authorities perhaps, by which Maryland his- 
torians have been misled, say the landing was made on the 
first one of the group called Heron Islands which the colonists 
reached, but they clearly meant the first one of the three 
islands which lie in the Potomac, between Saint Clement's Bay 
and the Wicomico River, and known as Saint Clement's, 
(Blackiston's) Saint Katherine's, and Saint Margaret's. 

The Relation of 1634, indeed, practically establishes the 
identity of these islands as being the same as those above 
mentioned. It says, "the first of those islands we called 
Saint Clement's; the second, Saint Katherine's, and the third 
Saint Cecelia's," now Saint Margaret's. It is, happily, a fact 
that Saint Katherine's Island has always retained the name first 
bestowed upon it. At the time they were named, it was the 
second in the trio, and lay above Saint Clement's — to-day its 
position is second, and it lies next above Blackiston's Island. 
It would therefore, have been a physical impossibility to have 
named the islands in the order in which they stand, and to 
have placed Saint Katherine's second in the line, without the 
island now known as Blackiston's being the first in that course, 
and the one lying next below it. Again, in 1678, a new 
patent was issued for Saint Clement's Manor, and the three 
islands, in the language of the patent, "lying in the Potomac 
River, at the mouth of the Wiccocomoco River, called by the 
names of Saint Clement's Island, Saint Katherine's Island, 
and Saint Margaret's Island," were included in the grant, 1 
which three islands are there to-day, and known as Blackis- 
ton's, Saint Katherine's, and Saint Margaret's. 

It should be noted that Heron Island — now scarcely dis-, 
cernible — which lies more inland, and somewhat out of the 
direct course in sailing up the river, was most likely very 
diminutive and practically valueless even at that date, as no 
patent appears ever to have been issued for it. It was also, 
apparently, deemed too insignificant for a new name when 
bestowing names upon the three lying further out in the river, 

1 Liber 20, p. 5, Land Office. 



i 4 COLONIAL MARYLAND 

and it to-day retains its first name — Heron — the one by which 
the entire group was originally known. 

The records also of the devises and alienations of the island 
covering a period of more than a century, refer to it alternately 
as Blackiston's or Saint Clement's Island, which, with a direct 
chain of title from the Lord Proprietary to the present time, 
incontestably establishes the fact, that the beautiful Black- 
iston's Island of to-day, gracefully slumbering upon the bosom 
of the lower Potomac, is the historic Saint Clement's Island 
of the past. 1 

It is also worthy of note that Saint Clement's has passed 
into history as possessing, at the time of the landing, an area 
of four hundred acres, the result, perhaps, of an error in the 
copy of Father White's report at Rome, the authority for the 
statement. 3 By the return of the Surveyor General, in 1639, 
five years only after the narrative was written, it contained 
eighty acres, 3 which is about its size today. Father White 
most probably said it contained four score, and not four hun- 
dred acres. 

Before the colonists left England, Lord Baltimore sent to 
Governor Leonard Calvert a set of instructions for the govern- 
ment of the colony upon their arrival in Maryland, in which 
he urges him in selecting the place of settlement, that his 
chief care be "to make choice of a place first, that is probable 
to be healthfull and fruitfull; next, that it be easily fortified, 

1 Patent to Thomas Gerrard, 1639 Liber 1, p. 48, and Justinian Ger- 
rard, 1678, Liber 20, p. 5, Land Office; judgment in suit, Nehemiah 
Blackiston vs. Justinian Gerrard, 1686, Provincial Court Records, Liber 
D. S. A., p. 532; will, Elizabeth (Blackiston) Guibert, Liber 14, p. 224, 
Annapolis; wills, John Blackiston, Liber I, p. 352, and Nehemiah 
Blackiston, Liber 3, p. 435, both of Saint Mary's County; deeds, John 
Blackiston to R. H. Miles, Liber F, vol. 1, p. 8, and R. H. Miles to J. M. 
Goldsmith, Liber F, vol. 1, p. 328, Land Office; deeds, G. W. Morgan, 
sheriff, to B. G. Harris, B. G. Harris to J. L. McWilliams, R. C. Combs, 
attorney, to F. A. Denison, F. A. Denison to Mary E. Swan, Saint 
Maty*s County. 

'-Relatio Itineris, p. 32. 3 Old Maryland Manors, p. 29. 



THE LANDING 15 

and thirdly, that it be convenient for trade both with the 
English and savages". 1 

Following these instructions, and deeming it imprudent 
to locate high up the river, where retreat would be difficult in 
the event of attack, Governor Calvert, already impressed with 
the superior advantages of that section of the province border- 
ing on the lower Potomac for the Maryland settlement, con- 
cluded to visit next the Indian village of Yaocomico. This he 
was also induced to do by Captain Henry Fleet, an Indian 
trader, whose familiarity with the country gave his opinion 
importance and weight, and who represented that section of, 
it in glowing terms and as being well adapted in every way to 
their purpose. 

Leaving both ships at Saint Clement's Island, and accom- 
panied by Captain Henry Fleet and a small body of men, he 
sailed in his barge down the river about sixteen miles to a 
bold, deep tributary flowing into the Potomac from the north, 
and which they named Saint George's (now Saint Mary's) 
River. Ascending this river, and naming its two "great 
harbors," the one Saint George (now Saint George's River), 
and the other, more inland, Saint Mary (still Saint Mary's), 
and between Church Point and Chancellor's Point, he an- 
chored at Yaocomico, situated on the eastern bank of the river, 
and about five miles from its mouth. 

He sought interview with King Yaocomico, and informed 
him of the object of his coming, to which, says the Relation, 
"he made but little answer, as is their manner to any new or 
sudden question, but entertained him and his company that 
night in his house, and gave him his own bed to lye on — 
which is a mat laid on boards — and the next day went to show 
him the country". 3 

1 The original draft of this paper, in Baltimore's own handwriting, 
and the original document, except the Charter, belonging to Mary- 
land's early history, has only very recently been discovered, and is now 
in the Maryland Historical Society. It has also been published by 
Brown, "Makers of America," p. 45. 

2 Relation of Maryland, 1634. 



16 COLONIAL MARYLAND 

The Governor was convinced of the superior fitness of the 
place, and that his entry there could be safely made, and 
to avoid "every appearance of injustice, and to afford no 
opportunity for hostility on the part of the Indians, he waived 
all question of right or superior power in the premises, and 
agreed to buy their town and territory. The Yaocomicos 
having previously resolved to move higher up the country, to 
avoid the Susquehanocks, a more powerful tribe, and their 
enemy, this was accomplished without difficulty, and for cloth, 
axes, hatchets, rakes, hoes, and knives, they agreed that the 
colonists should occupy a part of their town and land, reserv- 
ing a part for themselves until their corn could be gathered, 
when the whole should be surrendered. It was further mutu- 
ally agreed, that the two nations should live peaceably together, 
and that if any injury was done on either side, the offending 
party should make reparation. 1 

Much historical encomium has been lavished upon William 
Penn, for his famous treaty with the Shackamaxon Indians 
for the land upon which the city of Philadelphia stands, but 
neither the annals of Pennsylvania, or of any other American 
colony, present a more conspicuous example of humanity and 
justice towards the Aborigines, than is portrayed in the spirit 
which animated Maryland on that occasion, and, indeed, 
throughout, in that regard, and it should, with equal justice, 
adorn the pages of her history. 2 

The ships dropping anchor in Saint Mary's harbor, the 
colonists landed on the "right hand side", or southern arm 
of the harbor (Chancellor's Point), and, walking about a mile 
around the river bank, came to the place selected for their 

1 Relatio Itineris ; Relation of Maryland, 1634. 

2 Speaking of the religion of the Indians found in and around Saint 
Mary's, the Relation of 1634 says : ''First, they acknowledge one God 
of Heaven, which they call our God; and cry a thousand shames upon 
those christians that so lightly offend so good a God. But they give no 
external honour unto Him, but use all their might to please an Okee 
(or frantic spirit), for fear of harm from him. They adore, also Wheat 
and Fire, as two gods, very beneficial unto man's natures. In the Mach- 
icomoco, or Temple of Patuxent, there was seane by our traders this 



THE LANDING 17 

permanent settlement, and laid out the plan for the first town 
in Maryland. 

Father White's report (the most valuable record of the 
times, and the only one that attempts to detail this feature of 
the landing) says: "The left side of the river was the abode 
of King Yaocomico. We landed on the right hand side," and 
about a mile from the town. 1 This clearly means Saint Mary's 
harbor, and not the river and identifies with certainty, Chancel- 
lor's Point as the place of landing. The town of Yaocomico and 
the place of landing could not have been on opposite sides of 
the river, for the colonists walked from one place to the other, 
which could only have been accomplished, if on opposite sides, 
by going around the head of the river — a journey not of one 
mile only, but of at least twenty. The two, however, could 
have been on opposite sides of the harbor — a deep indentation 
made by the two long headlands, now known as Church Point 
and Chancellor's Point. 

The Indian town, it is conceded, occupied the northern 
or Church Point arm, which placed it on the left side in sailing 
up, thus making the southern, or Chancellor's Point arm, the 
right hand side in entering the harbor ; the southern extremity 
( Chancellor's Point) of this arm, being also about a mile dis- 
tant from the town they laid out — Saint Mary's. 

The event of landing and unloading the ships was made 
with as much formality as circumstances would permit, and 

ceremony. Upon a day appointed all the Townes mett, and a great fire 
being made; about it stood the younger sort, and behinde them agame 
the elder. Then taking a little deer suet, they cast it into the fire, 
crying, Tabo, Tabo, and lifting their hands to heaven. After this, was 
brought before them a great Bagg, filled with a longe Tobacco pipe and 
Poake, which is the word they use for our Tobacco. This was carried 
about the fire, the youth following, and singing Tabo, Tabo, in very 
good tune of voice, and comely gesture of body. The round ended, one 
comes reverently to the Bagge, and opening it, takes out the Pipe, and 
divides the Poake, from one to one. As every one tooke his draught, 
hee breath'd his smoke upon the limbs of his own body, as it were to 
sanctifie them by this ceremony, to the honour and service of their 
God, whomsoever they meant." 
1 Relatio Itineris. 



18 COLONIAL MARYLAND 

was done under military escort, parade under colors and arms, 
and firing of musketry and cannon. 1 

Then and there, Governor Calvert, on the 27th of March, 
1634, with appropriate ceremonies, proclaimed formal posses- 
sion of Maryland, and named its first town Saint Mary's. 
Then and there, says a distinguished historian, 2 "landed the 
Pilgrims of Maryland, and then and there were laid the foun- 
dations of the old city of Saint Mary's and of our present 
State." 

"The landing of the Pilgrims of New England, has been 
the burden of many a story, and the theme of many an oration. 
The very rock upon which their feet were first planted, is 
consecrated in the estimation of their descendants, and its 
relics are enshrined as objects of holy regard. They were 
freemen in search of freedom; they found it, and transmitted 
it to their posterity. It becomes us, therefore, to tread lightly 
upon their ashes. Yet, while we would avoid all invidious 
contrasts, and forget the stern spirit of the Puritan, which so 
often mistook religious intolerance for holy zeal; we can turn 
with exultation to the Pilgrims of Maryland, as the founders 
of religious liberty in the new world. They erected the first 
altar to it on this continent; and the fires first kindled on it 
ascended to Heaven amid the blessings of the savage." 

May the memory of the spirit and character of Mary- 
land's Pilgrim fathers be sacredly cherished and zealously 
guarded forever by their descendants. 3 

1 Bozman, 11, p. 30. 2 McMahon, p. 198. 

3 The following definitions of Indian terms used in this chapter are 
taken from Maryland Historical Society Pub. No. 7. Potomac (Boto- 
meg) a "river full of swarms of small fry — where fishes spawn in 
shoals." (Kerchival, History, Valley of Virginia, 145 and 149, says: the 
Potomac above its confluence with the Shenandoah, was called Cohong- 
oronta.) Piscatowa, (Biskatowe) "one who has his hair plaited up 
sideways and backwards." Anacosta, (Nanakoita) "one who prepares 
himself for defence, to resist attack." Yaocomico, (A(i)ago-mo-ago) 
"he that is floating on water, tossed to and fro." Susquehanocks, 
(Saskweonag) "those who live in a place where the surf is heard beat- 
ing (grating) on the shore." Patuxent, (Portuxend) "the place where 
grows portu (tobacco)." 



CHAPTER II 
The First Capital of Maryland 



QJAINT MARY'S CITY, 1 the first Capital of Maryland, was 

situated on the east side of the Saint George's (now Saint 
Mary's) River, a tributary of the Potomac, about five miles 
from its mouth, and sixteen miles from Point Lookout, the 
southern extremity of the western shore of Maryland. 

A gentle slope from the eastern hills, then a spacious 
plateau of singular beauty, elevated about forty feet above the 
water, and terminating in a bold bluff between two broad 
expanses of the river, formed the site of the City. 

A crescent shaped indentation, made by this bluff 2 and a 
long headland about a mile lower down the river, 3 gave the City 
a capacious harbor. 

The river skirted two sides of the town, afforded depth 
and security of navigation, and adding beauty and grandeur 
to its other attractions, made the situation of Saint Mary's one 
of surpassing loveliness. 

A river possessing more enchanting scenery than the 
Saint Mary's may not easily be found, and at no place along 
its banks is this displayed to greater advantage than at the site 
of old Saint Mary's. Looking from thence, either towards 
the north, where its clear and glittering waters are first seen 
winding down the blue vista of the distant hills, with its 

1 Much of the material in this chapter was incorporated in an ad- 
dress entitled The First Capital of Maryland, and delivered by the 
Author on the occasion of the two hundredth anniversary of the re- 
moval of the Capital of Maryland, from St. Mary's to Annapolis, and 
which, together with other addresses on that occasion, was published by 
the State of Maryland in memorial volume entitled "Removal of the 
State Capital." 

2 Church Point. 3 Chancellor's Point. 



20 COLONIAL MARYLAND 

sloping banks, and intercepted by its long, narrow capes and 
jutting cliffs ; or towards the south, where its waters, growing 
bolder and deeper, with its high, grassy banks, upland slopes, 
abrupt declivities, white, winding beach, pebbly shore, and 
(as seen from the direction of its mouth) its interlocking 
promontories, giving it the appearance of a series of lakes, 
rather than a stream of regular width, it presents a picture 
of rare and exquisite beauty. 

Saint Mary's City occupied the site of the Indian village 
of "Yaocomico," at which place the Maryland colony was in- 
duced to settle by the glowing description of Captain Henry 
Fleet, son of a member of the Virginia Company, whose 
familiarity with the country gave his opinion importance and 
weight and, who described it as a location, desirable alike for 
its commanding commercial advantages and its safety of 
defense, as well as for its temporary improvements and its 
natural beauty and attractiveness ; or, in his own language, 
"a spot, indeed, so charming in its situation that Europe 
itself can scarcely show one to surpass it"; and, having first 
purchased the Indian title thereto (the details of which are 
given in the preceding chapter), Governor Calvert, on the 
27th of March, 1634, assumed formal possession, and named 
the first town of Maryland — Saint Mary's. 1 

Under the instructions of Baltimore, containing the details 
and rules for the government of the colonists, they were 
directed, after having selected a suitable place for their perma- 
nent settlement, "to seate a towne", in which they were "to 
cause streets to be marked out", and to require the buildings 
to be erected "in line'' with such streets, and "neere adjoin- 
ing one to another" ; all the houses to be built in as "decent 
and uniform a manner" as circumstances permitted, the land 
in the rear of the houses "to be assigned for gardens and such 
uses". The first choice of lots was to be for a "fitt place and 
a competent quantity of ground for a Fort", and "within", 
or "neere unto" this lot, a site was to be chosen for "a con- 
venient house, and a church or chappel adjacent", for the 

1 Relatio Itineris, p. 35. 



THE FIRST CAPITAL 21 

"seate of his Lordship, or his Governor or other Commis- 
sioners", the two latter buildings to be completed only so far 
"as is necessary for present use", and not "in every part as 
fine as afterwards they may be". He also directed that a plat 
of the town, its situation and surroundings, be made by the 
Surveyor General, and sent to him by the first opportunity. 1 

The next official notice with reference to laying out of the 
town of Saint Mary's, is the following order, from Baltimore 
to Governor Calvert, dated Warden Castle, England, August 
29th, 1636: 

"I would have you pass in freehold to every of the first 
adventures that shall claim or desire it, and to their heirs, 
ten acres of land within the plats assigned or to be assigned 
for the town and fields of Saint Mary's, for every person that 
any of said adventurers transported or brought into Maryland, 
according to the conditions first published ; and five acres of 
land to every other adventurer for every other person which 
he hath or shall transport thither since the time of the first 
plantation, until the 13th day of August, which shall be in 
the year of our Lord 1638, and for so doing, this shall be your 
warrant". 2 

In 1684, another grant of land was made to Saint Mary's, 
to be divided into lots of one acre each, and of sufficient quan- 
tity to make, with those already there, one hundred lots 
within the limits of the town. 3 

Undisturbed for several years, either by domestic factions 
or external dissensions, Saint Mary's, for a colonial town, 
grew with considerable rapidity. Brick and other builders' 
supplies were imported, which, with the home products avail- 
able for the purpose, afforded, from an early period, abundant 
building material. 

While Virginia, as late as 1638, was making its laws in 
an ale house, 4 and, indeed, in 1716, Jamestown, its first capi- 
tal, contained only "a church. Court House and four other 
buildings". 5 Saint Mary's, in a comparatively short time after 

1 Instructions, Nov. 13, 1633. In Maryland Historical Society. 

2 Kilty, p. 33. 3 Archives (Ass. Pro. 1684) p. 119. 
4 Streeter Papers, p. 15. B Lodge, p. 51. 



22 COLONIAL MARYLAND 

its settlement, had, besides the home of Lord Baltimore, a 
church, a pretentious State House, a jail and other public 
offices, and about thirty houses. 1 Soon thereafter, it had 
sixty houses (which number it never much exceeded), 2 pro- 
tected by two forts, Saint Mary's and Saint Inigoes, each well 
mounted with the ordnance of that day. 

As the place for holding the General Assemblies, the seat 
of the Provincial Court, and the port where all ships trading 
with the Province had first to resort, Saint Mary's soon 
became a place of importance, and, in 1668, it was by letters 
patent, incorporated and erected into a city, with privileges 
and immunities above and beyond any other place in the 
Province. Its officers consisted of a Mayor, Recorder, six 
Aldermen, and ten Councilmen, and among its special prerog- 
atives were those of a "Weekly Market" and an "Annual 
Fair". 3 

In 1671, Saint Mary's received a new accession to its pre- 
rogatives, that of sending two representatives to the General 
Assembly, 4 the first being Mr. John Morecroft and the Honor- 
able Thomas Notley. 5 

It is to be regretted that no chart of the City of the Cal- 
verts was made before it had disappeared — except in name and 
in memory — from the banks of Saint Mary's ; but from 
original surveys and grants, ancient transfers, and re-surveys, 
together with the many natural boundaries and landmarks still 
visible, the map shown in the appendix was platted. By this 

1 Archives Ass. Pro. 1641 and 1676; Scharf, 1, p. 294. 
Baltimore, in his report in 1677, to the committee of Trade and 
Plantation in England, stated that the houses at Saint Mary's "excepting 
my own home and the buildings wherein the Public offices are kept," 
did not exceed thirty, built at considerable distance from each other, 
and the most of them after the manner of the smaller farm houses of 
England. 

3 McMahon, p. 250. 

3 This, the first municipal charter granted in Maryland, may be 
found in Liber F. F. p. 645, etc., in Land Office, Annapolis. The Town 
Ordinances adopted for Saint Mary's City may be seen in Archives, 
Council Proceedings, 1685, p. 418-422. 

* McMahon, p. 251. 5 Archives (Ass. Pro. 1671) p. 311. 



THE FIRST CAPITAL 23 

data, obtained through laborious and exhaustive research, and 
applied with painstaking care, the outlines of the City, and 
the location of its public, as well as its more prominent private 
lots and buildings, have thus been happily preserved. 

The plain upon which the City of Saint Mary's stood, 
was about a mile square, the limit prescribed by its charter, 
with a water front made extensive by the many and acute 
meanderings of the river. This plain was broken by two 
creeks making into it from the river — Saint John's and Key's 
(the latter now a small ravine) — and upon the peninsular 
plateau which they formed, and bounded on the northeast and 
southwest respectively, and which contained about one hun- 
dred acres, were erected the public buildings of the Province, 
and it became the more thickly settled part of the town. On 
this plateau the houses, which "passed through the various 
stages of architectural transition", from the log cabin to the 
substantial frame and brick building, were scattered irregu- 
larly, the lots being unsymetrically arranged, of irregular size, 
and large, none of them being less than a quarter of an acre, 
and many of them large enough for extensive grounds, and 
gardens sufficiently capacious to supply the needs of the 
household. 

It may be proper to preface a more detailed account of the 
improvements at Saint Mary's, with the general statement 
that they consisted of its fort, or palisado, which, though a 
rude structure compared with those of more modern date, was 
solidly built and well enough mounted to protect the inhabi- 
tants against the warfare of that day ; its massive and dignified 
State House, with its thick walls, tile roof, and paved floors ; 
its stout jail, with its iron-barred windows ; its market house, 
warehouses, and several ordinaries ; its unique brick chapel, 
the victim of the Roman Catholic persecution of later times ; 
its quaint Protestant church; its pretentious and fortress-like 
executive mansion ; which, with its offices, private houses, and 
shops — of varied architectural design — numbering, it is said, 
about sixty, and scattered over the elevated, but level plain, 
studded, we are told, with primeval forest trees, constituted 
the picturesque little metropolis of early Maryland. 



24 COLONIAL MARYLAND 

In 1664, an Act was passed under which all houses there- 
after erected, had to be not less than twenty feet square, and 
two-and-a-half stories high, with brick chimneys. 1 

Of the streets which traversed the town, but two have 
been definitely located, which, with the broad river beach, 
seem to have formed the principal thoroughfares of the City — 
the one running northwest and southwest from the State House 
to Saint Inigoe's Creek, and known as "Middle Street" ; the 
other, northeast and southwest from "Saint Mary's Hills" 
to the southwestern extremity of the town, and known as 
"Mattapany Street". 2 

The first improvement of a public character made at 
Saint Mary's (excepting the temporary buildings designed for 
storing the common supplies of provisions for the colonists), 
was "Saint Mary's Fort". It was erected in 1634, and was 
located on a small bluff, at the mouth of "Key's Creek", or 
branch, on the north side of the creek, and immediately be- 
tween Governor Leonard Calvert's lot and the chapel land. 3 
This location indicates that it was intended as a place of 
rendexvous and protection against Indian invasions, rather 
than as a fortification of the town against naval attacks, it 
being guarded from incursions of so formidable a character by 
"Fort Saint Inigoe's", situated a short distance below. The 
colonists, at the time the fort was built, were in the midst of 
erecting their houses, but becoming alarmed by the war-like 
attitude of the Indians (excited by the intrigues of Clayborne), 
they ceased building, and at once set to work to erect a fort 
for their better security, which, it is recorded, they completed 
in about six weeks. 4 

1 Archives (Ass. Pro. 1664) p. 539. 

2 See grant to Mary Throughton, Liber 1, p. 67; Robert Carvile, et 
al, Liber 20, p. 269; Elizabeth Baker to Charles Carroll, Council Book, 
H. D. No. 2, p. 150. 

3 It has been stated that it stood on the bluff on the south side of 
Key's Creek. This is an error. See patent to Leonard Calvert, Liber 1 ; 
p. 117; and deed from Thomas Copley to C. Fenwick, Liber 1, p. 121; 
see also Archives (Ass. Pro. 1638) p. 78. 

4 Relation, 1634. 



THE FIRST CAPITAL 



25 



Governor Leonard Calvert described it as "a pallizado of 
one hundred and twentie yards square, with fower flankes",' 
mounted with one piece of ordnance and six murderers, placed 
in parts most convenient — "a fortification sufficient, we think, 
to defend against any such weake enemies as we haVe reason to 
expect here", 1 but the Relation, 1634, says, they had "four 
murderers and seven pieces more to mount forthwith". 2 

The manner of its construction, the records have left in 
obscurity. Traditionary history, however, says, it consisted 
of a large, log block-house and magazine, protected by stock- 
ades and ramparts of earth. Intrenchments, still visible, 
indicate that this may be correct as to the earthen parapets, 
and, since the colonists were engaged, while at Saint Clement's, 
in "cleaving pales for a palisado", it is not improbable that 
the stockade was also a feature of it. That the building 
within was of considerable size, is sustained by the fact, that in 
it most of the public business of the Province was transacted, 
prior to 1638, and that the first three sessions of the General 
Assembly were held there, one of which contained ninety 
members. 

In 1638, an Act was passed for the building of a "town 
house" at Saint Mary's. Of the style and location of this 
building (if erected), nothing is known, and it is merely re- 
ferred to as illustrating the method deemed most available at 
that time, of getting whatever buildings of a public nature, 
which the colony needed. The Act provided, that "every 
housekeeper should be contributory to said building, either 
in stuff, workmanship, labor, or tobacco, in such manner 

1 Maryland Historical Society Fund Pub. No. 35, p. 21. 

2 Among the papers recently purchased by the Maryland Historical 
Society, from Mr. John Roland Phillips, is a letter from Governor 
Leonard Calvert to his London partner, Sir Richard Lechford, dated, 
Point Comfort, May 30th, 1634, and which is of special value as show- 
ing the dimensions of Fort Saint Mary's — a fact hitherto unknown. As 
described by him, it was "one hundred and twentie yards square, with 
fower flankes," and was mounted with "one piece of ordnance" and six 
"murderers." Another paper in the above mentioned collection of much 
general historic interest, is "A brief relation of the voyage unto Mary- 
land," supposed to have been written by Father White, and which was 



26 COLONIAL MARYLAND 

.and after such rates proportionally to each man's personal 
estate". 1 

Adjoining the Fort, on the south and east, was "Saint 
Mary's Chapel yard", while on the north and west was the 
land of Governor Leonard Calvert. 2 The latter, when first 
laid out, was a large lot, known as "Governor's Field", and 
embraced a considerable part of the little plateau before men- 
tioned. 3 

After the death of Governor Calvert, Margaret Brent, his 
executrix, assumed to make sale of this property to Governor 
William Stone, who occupied it as his residence while Gover- 
nor of the Province ; but, in 1659, William Calvert, son and 
heir of Governor Leonard Calvert, and in England at the 
time of his father's death, through proceedings in the Provin- 
cial Court, recovered possession of the house of his father at 
Saint Mary's. 4 Subsequently the lower, or northern, part of 

sent as a supplement to the above letter. Both of the documents de- 
scribe the location of Saint Mary's as being half a mile from the river. 
The fact that the first Provincial Capital was immediately on the river, 
the State House lot, indeed, being bounded on two sides by it, leaves no 
room for doubt, that what was meant was, that the site of the town was 
that far distant from the place of landing, just as the Relation must 
have referred to the place of landing, rather than the place of settle- 
ment and to Saint Mary's Harbor, rather than the river, when it stated 
that the village of Yaocomico was on one side of the river, and the 
Maryland settlement on the other — a physical impossibility, since the 
site of Yaocomico and Saint Mary's were one and the same. The dis- 
tance from the place of landing to the site of the town, as given in these 
two documents, is just half of that which it was stated to be in the 
Relatio Itineris. They were, probably, all rough estimates only, as 
was the estimate of the acreage of Saint Clement's Island, as stated in 
Relatio Itineris, for the correction of which see page 12, see also 
page 20. 

1 Archives (Ass. Pro. 1638) p. 78; Bozman, p. 33. 

3 Liber 1, p. 119-121. 

3 The patent for this land was dated August 13, 1641. It was 
bounded on the west by the River, on the north by the Bay, on the east 
by Mill (Saint Johns) Creek to a distance of 47 perches above the Mill, 
and where Saint Peter's and the Chapel land meet and on the south by 
a line drawn from thence to the River. Liber 1, p. 121. 

4 See Note, Chapter III. 



THE FIRST CAPITAL 27 

this lot came into the possession of Hugh Lee, and at a later 
date it was purchased by the Province of Maryland. 

Of the architecture of the Calvert House, but little is 
known. In the inventory of his estate, however, it is de- 
scribed as a "large frame building", and the site it occupied 
is still pointed out. This places it about one hundred yards 
from the Fort, about two hundred and fifty yards from the 
river, and about the same distance from Middle Street, on 
which it fronted. 1 

Lower down the plateau, on the same side of Middle 
Street, and nearly adjoining the Calvert lot on the northwest, 
was the/ Lee Residence before mentioned, and which embraced 
the whole of the lower end of the plateau. In 1662, this 
property was purchased by the Province, for a "Government 
House", at a cost of twelve thousand pounds of casked 
tobacco, 2 and was used as such until 1676, when new public 
buildings were erected. This was the first real estate ever 
owned by the Province of Maryland, and that part of the lot 
known as "Saint Mary's Bluff", became the site of its first 
State House and other public buildings. The house (in 
accordance with the custom of the times) was used also as an 
"ordinary". 3 The lessee was Lieutenant William Smith, and 
one of the conditions of the lease was, that he plant on that 
part of the lot set apart for him, three acres, "forty apple or 
pear trees". 4 It was known as "Smith's Town House". 5 
Of this building, prominently as it was connected with the 
history of the times, nothing remains except the depression 
which marks the spot where once it stood — about three hun- 
dred yards from the river — and a few scattered, moss-covered 
bricks, the more durable fragments of its historic ruins. 

That part of the "Country's lot" which lay between 
Smith's Town House and Middle Street, was the residence of 
Mark Cordea. On the lot he also appears to have had a shoe 

. 1 In 1707, this property was in the possession of George Parker, in 
right of his children, by his wife, then deceased, the daughter of Gabriel 
Parratt. Rent Rolls, Saint Mary's. 

"Archives (Ass. Pro. 1662) p. 455. 3 Ibid, 1666, p. 29. 

* Kilty, p. 220. 6 Ibid. 



28 COLONIAL MARYLAND 

shop. This property subsequently became the residence of 
Colonel William Digges, Secretary of the Province. Adjoin- 
ing it on the northwest, and fronting on Middle Street, was 
the residence of John Baker, and subsequently of Attorney 
General Charles Carroll. The lot contained one and a quarter 
acres, and in the house, when owned by John Baker, several 
sessions of the Council were held. Near this lot, on the 
northwest, and fronting on the same street, was the "Van 
Sweringen Tavern", owned by Garrett Van Sweringen. 
Northwest of this lot, fronting on the same side of this street,. 
were the Law Chambers, owned by Robert Carvile, Christo- 
pher Rousby, and Robert Ridgely. The lot contained one 
acre, and was granted in 1679 ; it was called "Triple Con- 
tract". Between this and the State House lot, on the same 
side of the street, were the lots of Nicholas Painter and Cap- 
tain John Quigley; the latter, lying nearest the State House, 
being one of the taverns of the town. Each of them con- 
tained one acre. 

Bordering on the river, and running up to the three last 
mentioned lots, was the lot on which stood the Secretary's 
Office, Council Chamber, and "Saint Mary's Room". This 
was one building; it was erected in 1664, and at a later period 
was referred to as the "Old Court House". In the Council 
Chamber the first General Assembly under the royal govern- 
ment in Maryland was prorogued in May, 1692, after which 
it repaired to the State House. Bordering on the river, also, 
and lying between the Secretary's Office and Smith's Town 
House, was the home of Daniel S. Jenifer, Clerk of the Pro- 
vincial Court. The lot contained four acres, and, as directed 
by the order for the grant, was not to be "layed out soe neare 
the Ordinary House or Secretary's Office as to prejudice eyther 
the Office or the Ordinary's orchard or garden". 1 

1 As the authorities for the above have to be largely used conjunc- 
tively, they are given in the following order : Archives, Pro. CI. 1686, 
p. 351 ; Ibid, 1684, p. 301 ; Council Book No. 2 p. 150; Archives, Pro. CI. 
1678, pp. 178, 201, 203, 204, 205, 207; Ibid, 1692, p. 420; Liber No. 20, pp. 
260, 269; Archives, Pro. Ass. 1678, p. 32; Ibid, 1664, p. 539; Ibid, 1666. 
p. 34; Ibid, 1676, p. 482; Archives, Pro. CI. 1678, p. 174; Archives, Pro. 
Ass. 1692, p. 349; Ibid, 1666, p. 123; Resurvey of "Governor's Field." 
in 1754, now in possession of the author. 



THE FIRST CAPITAL 29 

At the end of Middle Street was the State House lot, 
called "Saint Mary's Bluff", containing about three acres, 
and which embraced the entire end of the plateau forming the 
northwestern extremity of the town. The bluff, by an abrupt 
descent of about twenty feet, terminates in a broad, sandy flat, 
and thence into a long point, on which stood, it is said, the 
town wharf and warehouses, the latter occupying the flat 
immediately below the bluff, and between it and the wharf. 

About ninety feet from the summit of the bluff stood the 
State House. It was a strikingly beautiful situation, and 
commanded an extensive view of the town, the river, and the 
surrounding country ; and to those approaching the City, 
either bv land or water, it formed a prominent and picturesque 
feature of the landscape. 

The Act under which the State House was erected, was 
passed in 1674, and the building was completed in October, 
1676. The contractor was Captain John Quigley, and the 
contract price for it, and a jail, was 330,000 lbs. of tobacco, of 
which Saint Mary's City contributed 100,000 lbs. The State 
House was forty-five feet long and fifty feet deep. An en- 
closed two-story "porch" in front, "12 by 16 feet in the 
clear" and a corresponding wing in the rear for the stairway, 
"16 by 16 feet in the clear", gave it a cruciform shape. The 
main building was two-and-a-half stories high; the porch and 
stairway wing being two stories only. It was all built of dark, 
red vitrified brick, with walls twenty-eight inches thick to the 
"water table", which was three feet high and "shelving", 
and twenty-four and nineteen inches thick in the first and 
second stories, respectively, with steep roof, covered with tile, 
from the centre of which shot up an iron spire, 1 with ball, 
supporting near its top a vane, on which was inscribed, 
"1676", the date of its erection. The lower floor of the 
main building, contained at first, no divisions, and is referred 
to as "Saint Mary's Hall". The floor of this hall was paved 
with brick; its ceiling was twelve feet high, and entrance to 

1 Captain Randolph Jones, author of "The Buccaneers," and who 
died a few years since at an advanced age, informed the author that he 



3 o COLONIAL MARYLAND 

it from the porch, was obtained through a door ten feet high 
and five feet wide. The second story contained three rooms, 
and, in 1682, the lower floor was divided by a brick partition, 
into two halls for the accommodation of the Upper and Lower 
Houses of Assembly. 

The first and second stories were lighted by eight win- 
dows, with "double lights and transoms", those below being 
"eight feet high and four feet wide", and those above, "five 
feet high and two-and-a-half feet wide". The openings in 
the porch consisted of a central arch "six feet wide and 
eleven feet high" (extending from the "keystone" to the 
floor), and two smaller arches on the "sides above the 
bentles", the second story having one window immediately 
over the central arch. The opposite wing contained an oak 
"half pace" stairway, that extended to the "attic", and 
which had a window upon each "half pace of the stairs". 

By a singular coincidence, the State House was erected 
without chimneys, owing to a controversy over the proposition 
to allow it, in conformity with the custom of the times, to be 
used as an Ordinary, or eating-house, the opposing and pre- 
dominant faction, in order to make this impracticable, caused 
them to be omitted altogether. In 1678, however, three out- 
side chimneys were put up: one at each gable end, and one 
at the rear of the stairway wing, and which, with a partition 
in the stairway wing, cost 20,000 lbs. of tobacco. In 1682, 
outside wooden shutters, and suitable furniture (tables and 
formes) for the building, were ordered to be purchased. 1 The 
year previous, in order to avoid the expense of maintaining a 

distinctly remembered this old spire, and its dismal creek and twang. 
It was about twelve feet high, and the hollow iron ball, which was near 
the centre of the spire, was about two feet in diameter. After the State 
House was pulled down, this ancient structure lay for some time unpro- 
tected in the Church yard, at Saint Mary's. It ultimately disappeared, 
most likely by the hands of the "iron speculator," and has, probably, 
long since been "scattered by the thousand winds of trade." O ! ye 
sons of the times, where slept your vigils? 

'Archives (Ass. Pro. 1674), p. 404; Ibid, 1678, pp. 27 and 32; Ibid, 
1682, pp. 299 and 300. 



THE FIRST CAPITAL 31 

Drummer for the convening of the Assemblies and Provincial 
Courts, a "public bell" 1 was ordered for the State House. 2 

In 1688, the northwest wing was ordered to be made five 
feet deeper, and the fireplace ten feet wide in the first story, 
and eight feet wide in the second, each to be provided with a 
white oak mantel. 3 

The accompanying picture of the State House, at Saint 
Mary's, which the author of this work is happily able to here 
present, was reproduced from one in his possession, and which 
it is believed, is the only one extant, or indeed, which ever 
existed of this old memorial of colonial times, and which, at 
the time it was built, was not only the "architectural glory" 
of Maryland, but, perhaps, the finest specimen of architecture 
in America. The engraving was taken from a mechanical 
drawing, made from actual measurements of its earth-covered 
foundation, but excavated for the purpose, and from the spec- 
ifications set out in the Act of Assembly 4 authorizing the 
building to be erected, defining its dimensions, character, and 
style, and which was, in effect, the contract between the Prov- 
ince and the builder — Captain John Quigley. The iron spire 
was not a part of the original contract, and its size could 
only be approximately determined from an early written de- 
scription of it, and from data obtained from persons who dis- 
tinctly remembered it, both while it was on the building and 

*This is probably the bell at Georgetown College, and which is 
supposed to have belonged to the little chapel at Saint Mary's. The 
State House bell is the only one of the kind, which the records mention 
as being at Saint Mary's, and the one at Georgetown, bearing the date 
of the purchase of the State House bell, leads to the conclusion that it 
is the same one. The tone of the bell is exceedingly sweet, and the 
appliances for hanging and ringing it, very curious. The handsome 
English-walnut, elliptical-shaped table, known as the "Council table," 
and which stood in the Council room in the State House, is also at 
Georgetown College, where it was taken a few years ago, from Saint 
Inigoe's Manor. It is well preserved, and is an exceedingly interesting 
relic. 

2 Archives (Ass. Pro. 1681) p. 144. 3 Ibid, 1688, p. 223. 

* Archives (Ass. Pro. 1674) p. 404. 



32 COLONIAL MARYLAND 

after the latter was pulled down. 1 This picture has never 
before been presented to the public, except that, in 1894, on the 
occasion of the celebration of the two hundredth anniversary 
of the removal of the Capital from Saint Mary's to Annapolis, 
permission was given the Baltimore Sun to print a wood cut 
of it in connection with its account of those ceremonies. 

On the "State House Square", about seventy feet dis- 
tant, stood the historic "Old Mulberry" tree, under whose 
broad, spreading branches the first colonists of Maryland 
assembled, and under which, also, traditionary history says, 
the first mass at Saint Mary's was celebrated, and the treaty 
between Governor Calvert and the Yaocomico Indians was 
made. Of this venerable tree, whose mass of foliage con- 
tinued for two hundred years afterward to crown the State 
House promontory, it is further recorded, that "on it were 
nailed the proclamations of Calvert and his successors, the 
notices of punishments and fines, the inventories of debtors 
whose goods were to be sold, and all notices calling for the 
public attention." Within comparatively recent years even, 
curious relic hunters were able to pick from its decaying trunk, 
the rude nails which there held the forgotten State papers of 
two centuries and more ago. 2 

This aged tree had watched over the City in its infancy; 
in its development and prosperity, and in its pride and glory, 
as the metropolis of Maryland ; it had seen it stripped of its 
prestige and its honors, and lose its importance and its rank ; 
it had witnessed its battle with adversity and its downfall and 
decline, and it had mourned the departure of nearly every 
symbol of its existence and memorial of its glory, which, 
under the winning game of time, had one by one, faded and 
passed away ; and still it stood — stood as a "silent sentinel of 
time, whose watchword is death" — stood "daily distilling the 
dews of Heaven" upon the sacred ground around it — stood, 
sheltering the generations of men who were buried beneath its 

1 The late Doctor Alexander Jones, in Leonardtown Herald, in 1840, 
and the late Doctor John M. Brome, and Captain Randolph Jones. 

2 Bryant, p. 504. 



THE FIRST CAPITAL 



33 



luxuriant shade — stood telling the story of the first Capital of 
Maryland, and marking the spot where once it was — stood 
until 1876, when, like the almost forgotten City — the compan- 
ion of its prime — its time-worn and shattered trunk laid down 
to rest. 

About fifteen feet northeast of the State House, stands 
what is called the "Calvert Vault", and which is said to con- 
tain the remains of Governor Leonard Calvert, Lady Jane 
Calvert, wife of Charles Lord Baltimore, and Cecelius Calvert, 
their oldest son, 1 but it is highly probable that it is the Copley 
and not the Calvert vault. The tradition is certainly incorrect 
as to Lady Jane Baltimore, who died in England and was 
buried at "Saint Giles", on the 24th of January, 1701, 2 and 
from the fact that no allusion was made to it as the place of 
Governor Calvert's interment, or even to the existence of a 
vault, at the time the lot on which it stands was purchased 
for State purposes (fifteen years after his death), it is fair to 
assume that he, also, is not buried there. It is, however, a 
matter of record, that the first Royal Governor of Maryland, 
Lionel Copley, and Lady Copley, his wife, are both buried at 
Saint Mary's, and in a vault which was built by order of the 
State, at the State's expense, and presumably, upon the State's 
property. 

On July 27th, 1694, it having been made known "to his 
Excellence, that the bodies of the late Governor Copley and 
his Lady, deceased, lye still at the Great House", and "con- 
fessing it was expected an order would have been received for 
carrying them by some man-of-war to England", it was or- 
dered by the Council, "that they be interred in a vault, to be 
built for the purpose, at Saint Mary's, and that the ceremony 

Stanley, in Pilate and Herod, p. .16 says: "About thirty or more 
years ago (1823), (for I write from memory of a vestry record, and a 
verbal explanation or statement, made to me by a then vestryman of the 
Parish, the late Richard Thomas, of Saint Mary's, a worthy man) some 
young men, while under the influence of liquor, broke into this vault, 
forced open a leaden coffin, and discovered the corpse of a lady, sup- 

2 Genealogist, vol. 1. 



34 COLONIAL MARYLAND 

be performed by the next Provincial Court, with all the decency 
and grandeur the Constitution and circumstances of affairs will 
admit of, and that three brass guns, being all that's to be had, 
be in readiness, and also the militia of adjoining parts". 1 Pur- 
suant to this order, the interment took place October 5, 1694.' 

On the north side of the State House lot, and on the 
declivity facing Saint John's Creek, stood the jail. It was 
erected in 1676; was two stories high, twenty-four feet long 
and fifteen feet wide, in the clear, with ceilings nine feet high, 
and was built of brick, with tiled roof and paved floor. It had 
three windows, each having "three iron bars upright and two 
across", into which the upright bars were wrought. 3 Below 
the jail was "Gallows-green", the property of Richard May, 
Chief Clerk to the Secretary, and which, as first granted, says 
the record, extended beyond the "gallows", and across the 
plateau as far as the "great white mulberry tree". 4 This, 
however, subsequently became a part of the State House lot. 

On the northeast side of Middle Street, adjoining the 
State House lot, and extending through it to Saint John's 
Creek, was the lot on which stood the famous hostelry, known 
as "Jellie's Tavern". 5 It was built of brick; was about 
thirty-five by forty-five feet, and was two-and-a-half stories 
high. The walls and chimneys of this building were standing 
within the recollection of a few very old people living up to a 
recent period, and its site is still pointed out, near that of the 
present rectory of Trinity Church. It was owned and operated 
by Robert Jellie, and from the following proceedings taken 
against it, by the Council, in 1686, it may be inferred that in 

posed to be Lady Ann Calvert, adorned with trinkets of gold and such a 
dress as denoted her rank." It may be added that these young men 
were most probably influenced by curiosity, rather than drink, as 
would appear from the following interesting letter written only a 
few days after the occurrence, by one of the participants. It should 
also be noted, that Lady Ann Calvert was never in Maryland. 'She 
died in London, in 1649. 

1 CI. Pro. H. D. 2, p. 43- 2 Ibid, p. 65. 

Governor Copley left three children, two sons and one daughter. — 
Ibid, p. 98. 

3 Archives (Ass. Pro. 1674) p. 406. 

* Liber 16, p. 594, Land Office. 5 Re-survey, 1723. 



THE FIRST CAPITAL 35 

its latter days, its reputation for order and sobriety became 
somewhat tarnished : 

"It is considered by this Board, that the House wherein 
Robert Jellie keeps Ordinary at the City of Saint Mary's, is 
very inconvenient and prejudicial to the public, for that at the 
time of Provincial Court, the Jury, attorneys and suitors are 
at said House often detained and disordered, * * * and said 
House being also near the State House, wherein the Public 
Offices of the Province are kept, the Clerks of said offices are 
often found to frequent said House, by which means there is 
great occasion to suspect that the public affairs of the Province 
are much impeded by reason of said Ordinary. * * * This 
Board does, therefore, represent the same as a Public grievance 
to the Mayor and Aldermen of said City, in order to have the 
same suppressed". 1 ti38o JL f 

In the ravine, below this tavern, was located the "Town 
Spring". 

Adjoining the tavern lot on the east, fronting on Middle 
Street, and extending through to Saint John's Creek, was the 
residence of Philip Lynes, Mayor of Saint Mary's City at the 
time of the removal of the Capital to Annapolis, 2 and adjoin- 
ing it on the east, was the traditional site of the Protestant 
Episcopal Church. It is alleged that Trinity Church, on 

1 Archives (CI. Pro.) pp. 494, 498. 

Among the tavern keepers at Saint Mary's, from time to time, may- 
be mentioned, William Smith, Robert Ridgely, John Baker, Garrett Van 
Sweringen, and John Quigley, the two latter being partners. Ordinaries 
were regularly licensed, and were subject to stringent laws, both as to 
accommodations and rates. At Saint Mary's, each innkeeper was re- 
quired to have at least twelve feather beds, and to provide stable room 
for at least twenty horses, and was limited to the following charges : 
Lodging in bed with sheets, 12 pence ; diet, 1 shilling per meal ; brandy, 
malaga, and sherry, 10 shillings per gallon ; canary, 12 shillings ; French, 
Renish, Dutch, and English wines, 6 shillings; Mum, 3 shillings; plain 
cider, 25 and boiled cider, 30 fbs. tob. per quart. Archives (Ass. Pro. 
1666-1676) pp. 295, 407, 554, and Ibid, 1682, p. 429; Archives (CI. Pro. 
1672) p. 118, and Ibid, 1692, p. 420. 

2 Re-survey, 1723; Scharf, 1, p. 347. 



36 COLONIAL MARYLAND 

Trinity (Smith's) Creek, six miles below, erected in 1642, 1 
and probably the first Protestant church built by the Maryland 
colonists, was moved to Saint Mary's, 2 and located, according 
to tradition, in the "Creek lot", close by the old graveyard, 
now crowned with cedar and holly trees. It being most prob- 
ably a wooden structure, and the State House at an earl) 
date having been dedicated to Protestant worship, the history 
of this little church appears to have passed away with its 
usefulness. That there was, however, a Protestant church at 
Saint Mary's at an early period, is clearly established, 3 and of 
its architecture, it is also known that it had an "arched ceil- 
ing", after the design of which the State House ceiling was 
subsequently modeled. 4 

Adjoining the church lot on the east, stood the residences 
of John Llewelyn and Philip Evens. Of these houses little is 
known; the records, as well as tradition, being silent, both as 
to their character and size, except that the former furnishes a 
scant notice of the home of Clerk of the Council, John Llew- 
elyn, 6 from which it may be inferred that it was a house of 
comfortable proportions. 

A little further east, and near the point where Mill Creek 
falls into Saint John's, stood the town water mill, erected in 
1635. The mill site and lot contained nine acres. It was 
built by Thomas Cornwaleys, who having completed it, pro- 
ceeded, as he said, to "build a house to put my own head in". 
In 1723, it had ceased to be operated, and the "old dam", 
remains of which are still visible, was all that was then left of 
its ruin. 8 

It is worthy of note, that this was not only the first 
water mill set up in Maryland, but was one of the earliest in 

1 Allen, Who Were the Early Settlers of Maryland. 
3 Butler, p. 23. 

3 See statement of Governor Seymoure in trial of Father Brooke, 
Scharf, 1, p. 369. 

4 See Extracts from William & Mary Parish Records, in Whitting- 
ham Library, by Allen. 

B Archives (CI. Pro. 1684) p. 308; Re-survey, 1723. 
6 Relation, 1635 ; McSherry, p. 57 ; Re-survey, 1723. 



THE FIRST CAPITAL 37 

America, and was one of the few in the country which was 
erected as a private enterprise, rather than by public contri- 
bution. 1 

In 1639, the Assembly authorized another mill to be built 
at Saint Mary's, the cost not to exceed 20,000 lbs. of tobacco, 
to be raised by general taxation. 2 As the assessment, how- 
ever, for this mill appears not to have been made, it is highly 
probable that it was never erected. 

The records also speak of a "wind mill" at Saint 
Mary's, the property of Major General Edward Gibbons, 
and purchased by Lord Baltimore, in 1656, for fioo sterling, 
and which, he directed, should be specially cared for and 
improved. 3 

Between the mill lot and Middle Street was the traditional 
site of "Market Square". Under the charter, a "market" 
was to be held weekly ; the town officers also being authorized 
to hold an "Annual Fair", to which the ancient Court of 
"Piepoudrea" 4 was to be an incident. 

On the south and east side of the Fort was the "Chapel 
land". It extended from Key's Creek, across the plateau to 
the fresh of Saint John's (above tide-water, called Mill) 
Creek. The Chapel itself, stood near the intersection of 
"Middle" and "Mattapany" Streets, fronting northeast, and 
on the former street. It was a brick building, and, judging 
from its foundation lines (visible until a recent period), it 

1 Improvements of this character were of slow growth at that time. 
The first water mill in Massachusetts was built in 1633, five years after 
the colony had settled. The same year a saw mill was erected near 
London, but it was deemed a machine which would deprive the laboring 
people of employment and it was demolished. — Bozman. 

2 Bozman, p. 156. 3 Archives (Pro. CI.) p. 326. 

*The lowest — and at the same time the most expeditious Court of 
Justice known to the law of England, is the Court of Piepoudrea, curia 
pedis pulveri sati, so called from the dusty feet of the suitors, or accord- 
ing to Sir Edward Coke, because justice is there done as speedily as dust 
can fall from the foot. It was held at markets so that attendants on the 
markets might have their causes heard and determined expeditiously, 
and thus no loss of time by the delays of the law. Blackstone, vol. 
Ill, P- 31. 



38 COLONIAL MARYLAND 

was about eighteen by thirty feet. Over the altar, was a 
carved representation of clouds, 1 and of the flames of Pente- 
cost. 2 The exact date of its erection has not been ascertained, 
but it was prior to 1638, 3 and it was undoubtedly (barring the 
little wigwam fitted up by Father White, and called by him 
the "first Chapel in Maryland") the first church built by the 
Maryland colonists. 

It has been suggested, in proof of the harmony and con- 
cord existing between the Protestants and Roman Catholics in 
Maryland at that time, that this Chapel was built by their 
joint contributions, and used in common between them, where 
"each at his appropriate hour might offer up his sacrifice to 
the Most High" 4 — a theory which seems to be sustained by 
the records of the times. 

That "the Chapel" was the early place of worship for 
the Protestants in and around Saint Mary's City, is clearly 
established by the records in the proceedings against William 
Lewis, showing the complainants on their way to "the 
Chapel, July 1st, 1638, to procure the signatures of the 
Protestants there assembled, to their petition asking for 
protection and redress"; 5 and also by the case against 
Doctor Thomas Gerrard, for "taking away the key of the 
Chapel", and removing the books there used in Protestant 
worship. 6 It is equally clear, that this Chapel was also the 
Roman Catholic place of worship during the same period. 
Apart from the fact that the church and lot belonged to the 
Jesuit Priest in charge at Saint Mary's, 7 the Roman Catholic 

1 Bryant, p. 498. 

2 Fragments of this altar piece may still be seen at Georgetown Col- 
lege ; the altar stone, chalice, and paten are at Woodstock College. 

3 See proceedings against Lewis. 4 Day Star, p. 34. 
"Archives (Pro. Ct. 1638) p. 35. 

6 Archives (Ass. Pro. 1642) p. 119. 

'The Chapel lot was first surveyed for Mr. Ferdinand Poulton, a 
Jesuit Priest, officially known as Father Brock, and who was accidently 
shot while crossing the Saint Mary's River. The patent, however, was 
obtained by Mr. Thomas Copley, a Jesuit Priest, known officially as 
Father Philip Fisher. It contained twenty-five acres, and was bounded 



THE FIRST CAPITAL 39 

graveyard there was ''ye ordinary burying place in Saint 
Mary's Chapel Yard". 1 

If, however, the Protestants acquired any rights to the 
use and occupation of this Chapel by reason of having con- 
tributed to the cost of its construction or otherwise, they were 
relinquished at an early date, and it became exclusively a 
Roman Catholic Church. 

In April, 1641, the Chapel lot and buildings were pur- 
chased by Governor Calvert, for the Proprietary, for £200 
sterling. 2 Why this purchase was made, is one of the many 
mysteries and obscurities in Maryland's early history, which 
the records fail to elucidate. 

In 1683, the Proprietary, having disposed of a part of the 
Chapel land, ordered that such quantity as was deemed neces- 
sary for the "Chapel and burying place at the City of Saint 
Mary's", be supplied from some other of his Lordship's land 
lying contiguous thereto. 3 

By the Act of 1704, to "prevent the growth of Popery in 
Maryland", the celebration of mass in this Chapel, in common 
with other Roman Catholic churches in the Province, was 
prohibited. In September of that year, two priests, Robert 
Brooke and William Hunter, were arraigned before Governor 
Seymour, on the charge of holding service in Saint Mary's 
Chapel, contrary to law. It being, says the record, their 
"first offence", they were "dismissed with a mere repri- 
mand", but one, it should be said, which was singularly con- 
spicuous for its arrogant tone and intolerant spirit. By advice 
of the Council, the Governor at the same time issued an order, 
directing the sheriff of the county to lock up the "Popish 
Chapel at the City of Saint Mary's" and "keep the key 

as follows; "on the east by Saint Peter's; south by Gile's Brent's land; 
west by Key's Branch, and north by a line drawn from Key's Branch, at 
the 'Vayle,' to the brook where Saint Peter's ends, being about forty- 
five perches above the Mill." — Liber 1, pp. 32 and 117; Shea, pp. 38 
and 55. 

a Will of John Loyd, 1658; Day Star, p. 34. 

2 Archives (Pro. CI.) pp. 136 and 143; Ibid, (Pro. Q.) pp. 217, 243, 
263 and 266. 

3 Kilty, p. 123. 



4 o COLONIAL MARYLAND 

thereof", "and that no person presume to make use thereof 
under any pretense whatever". 1 Thus, under this order, 
issued September 19th, 1704, this, the first church erected 
by the Pilgrims of Maryland, was forever closed to public 
worship. 

While the American Revolution swept away the legisla- 
tion of the times against the Roman Catholics the title to this 
property, had, in the meantime, become vested in others, and 
the "Chapel land at Saint Mary's", where stood the first 
Church of Rome, in Maryland, was forever lost to the object 
and purpose of its dedication. The Chapel building and fur- 
niture, however, were taken to Saint Inigoe's, and the manor 
house, erected in 1705, under the auspices of Father Ashby, 
was built of the bricks taken from the old Chapel at Saint 
Mary's. 2 

It is stated that further inland, in the little ravine above 
"Governor's Spring", "the first burial ground of the colony 
was made, and where the Jesuit fathers placed the black cross 
at the head of every christian grave". 3 Be this as it may, 
certain it is, that the "Chapel yard" was "ye ordinary bury- 
ing place" for Roman Catholics, as early as 1658 4 — an entirely 
different location. 

On the east side of Mattapany Street, and near the head 
of "Governor's Run", stood what was probably the most 
pretentious residence at Saint Mary's. It was called the 
"Governor's Castle". The lot on which it stood was granted 
in 1638, to Thomas Cornwaleys, and was called "Saint 
Peter". The situation, while not as picturesque perhaps, as 
some others, was nevertheless, an attractive one. The house 
fronted the west, and commanded a pleasing view of both the 
land and water. The records speak of this house as early as 
i639, B and in 1640, its substantial character and superior style 
of architecture were deemed worthy of special note. 6 

1 Scharf, 1, p. 369; Shea, p. 354. 

2 Bishop Fenweck's Maryland ; Shea, p. 370. 

3 Bryant, pi 505. * Will, John Loyd, 1658 ; Day Star, 34. 
5 Liber 1, p. 67. 8 Bryant, p. SOS- 



THE FIRST CAPITAL 41 

In 1664, it was owned by Philip Calvert, and later by- 
Lord Baltimore, 1 by whom it was probably embellished, if 
not enlarged. Even within the present century, the walls, 
chimneys, and tiled cellar floor of this early colonial mansion, 
were still partly standing, and the site, covered with frag- 
ments of brick and tile, is still clearly discernible. 

It was built of dark red brick, ornamented with black, 
was square in general shape (about forty feet each way), 
was two stories high, with arched brick porch in front, and 
two large chimneys, which were near the centre of the build- 
ing. A cellar, which extended under the whole structure, 
was paved with square tile. A massive and high brick wall 
enclosed the building and court, 2 which, while adding doubt- 
less to its imposing appearance, must have given to it much 
the aspect of a fortification. 

An eminent Maryland author, 3 in 1838, from details fur- 
nished by living witnesses of a time when this building and 
its surroundings, while not, perhaps, in their pristine glory, 
were still standing, wrote the following description of them: 
"A massive building, of dark brick, two stories in height, 
and penetrated by narrow windows looking forth, beyond the 
fort, upon the river, constituted the chief member or main 
body of the mansion. This was capped by a wooden balus- 
traded parapet, terminating, at each extremity, in a scroll, 
and in the middle, sustaining an entablature that rose to a 
summit on which was mounted a weathercock. From this cen- 
tral structure, right and left a series of arcades and corridors 
served to bring into line a range of subordinate buildings. * * 
In the rear of the buildings, a circular sweep of wall and pail- 
ing reached as far as a group of stables and sheds. Vanward, 
the same kind of enclosures, more ornate in their fashion, shut 
in a grassy court. * * * Ancient trees shaded the whole mass 
of dwelling-houses, court and stables, and gave to the place 
both a lordly and comfortable aspect. It was a pleasant 
groupe of roof and bower, of spire and tree to look upon from 

a Rent Rolls. 

3 Bryant, p. 505. 3 Kennedy, Rob of the Bowl. 



42 COLONIAL MARYLAND 

* * * the fair village — city, studding the level plain with its 
scattered dwellings." 

This building may have been occupied by Charles, Lord 
Baltimore, during the latter years of his residence in Mary- 
land, but it does not appear to have been the "executive 
mansion" of the Province, until the establishment of the 
Royal Government in Maryland, when it was used as such by 
Sir Lionel Copley, the first Royal Governor, 1 and his suc- 
cessors, and when it was probably given the name, by which 
it was afterwards known, "Governor's Castle". 

About twenty yards below the house was a spring, which 
is still known as "Governor's Spring", and noted for its 
abundant flow of pure, clear water. 

On the opposite side of the ravine from the "Governor's 
Castle", was the Throughton house, said to have been one of 
the finest private residences at Saint Mary's. The lot was 
granted in 1639, 2 and was improved by a capacious brick 
building, one-and-a-half stories high, with steep roof and dor- 
mer windows. This house was occupied by the Mackalls, and 
later by the Bromes, until the early part of the last cen- 
tury, when it was destroyed by fire. The chimneys and 
gables of the building now there are said to be constructed of 
material saved from the ruin of its predecessor. 

Adjoining Mrs. Mary Throughton's lot, on the east, was 
"Courtney's Fancy", the residence of Thomas Courtney, 
while still further inland were "Saint Mary's Hills", and 
"Paris and Galloway", owned respectively, by Major Nich- 
olas Sewall, and Attorney General Robert Carvile. 3 

On the opposite, or northerly, side of Mattapany Street, 
and about two hundred and fifty yards from its intersection 
with Mill Creek, was "Saint Barberry", the home of Attor- 
ney General Robert Carvile, and subsequently of his daughter, 
Mrs. Cecelius Butler. 4 

Adjoining "Saint Barberry" on the north, was the resi- 
dence of John Lewger, the first Secretary of the Province. It 

'Archives (Pro. CI. 1692) p. 382. 2 Liber i, p. 67. 

3 Rent Rolls. * Resurvey, 1723. 



THE FIRST CAPITAL 43 

was called "Saint John", and stood on the bluff formed by 
the union of Saint John's Creek with Saint Mary's Bay — a 
commanding and singularly beautiful situation. The warrant 
for "Saint John" was issued in 1637, and the patent in 1639. 
As early as the nth of February, 1638, the records speak of 
"our Secretary's house at Saint John", and on the 25th of 
the same month, the General Assembly adjourned at Fort 
Saint Mary's to meet at the "mansion house" there, 1 which 
from that time, continued to be the place at which most 
of the public business of the Province was transacted, until 
the "Government House", heretofore mentioned, was pur- 
chased. 

When Mr. Lewger returned to England, "Saint John" 
was sold to Richard Bennett. In 1650, John Lewger, Jr., 
who remained in Maryland, and who, in 1648, when but 
twenty years of age, was Clerk of the Assembly, secured the 
historic home of his father, at Saint Mary's. 2 It was subse- 
quently sold to Lord Baltimore, who ordered a large area of 
adjacent land, lying within and beyond the limits of Saint 
Mary's, to be added to it, the whole to be erected into a 
manor, and to be granted to his son, Charles Calvert, 3 then 
Governor of the Province. "Saint John" was the home of 
Charles, Lord Baltimore, for about twenty years, and for a 
period quite as long, nearly all of the meetings of the Council 
of State were held there. 1 In 1684, when he visited Eng- 
land, destined never to return to Maryland, the "mansion 
house, orchard, and garden" were put in charge of William 
Smith, of Saint Mary's. 8 

Of this building, no traces are left to indicate its style or 
character, except the still visible outlines of its cellar, and the 
broken brick and tile which are commingled with the soil 
around it. But repeated instances are furnished in which 
Baltimore, during the sessions of the Assembly and Courts, 

1 Archives (Ass. Pro. 1638) pp. 28 and 32. 

2 Archives (Pro. Ct. 1650) pp. 66 and 70; Neil's Maryland, p. 72. 

3 Kilty, p. 95. 4 Archives (Pro. CI. 1662-1684.) 
6 Kilty, p. 220. 



44 COLONIAL MARYLAND 

entertained there, for weeks at a time, a large number of per- 
sons, 1 from which it may be inferred, that it was, at least, a 
building of no inconsiderable proportions. 

The residence of Speaker of the House, Kenelm Chesel- 
dine, was called "East Saint Mary's". The house stood on 
the north side of Chancellor's Creek, on a site now crowned 
with trees and remnants of its ruin, and a little southeast of 
the present dwelling on the property, which still bears its 
original name. This building, which was standing less than 
fifty years ago, was about thirty by thirty-five feet, was built 
of brick, and was one-and-a-half stories high, with steep roof 
and sharp dormer windows. "East Saint Mary's", was in 
1 639/ patented to Nathaniel Pope. 3 It was subsequently 
owned by Lord Baltimore, and later by Kenelm Cheseldine, 
for several years Speaker of the Lower House of Assembly. 
During the greater part of the time it was owned by Baltimore, 
it was, by order of the Council, constituted the place of gen- 
eral rendezvous for the militia, and was the "Port of Entry" 
for Saint Mary's City. 4 "East Saint Mary's" is also historic 
as the place at which the sessions of 1669 and 1671, of the 
General Assembly were held. 5 

"The residence of Deputy Governor Giles Brent, 6 stood 

*As an illustration see Archives (Ass. Pro. 1674) p. 432. 

2 Liber 1, p. 54. 

3 His daughter, Ann, married Colonel John Washington, the great- 
grandfather of General Washington. — William & Mary Quarterly, 1893. 

* Archives (2 Pro. CI.) pp. 23, 31, and 93. 
6 Archives (2 Ass. Pro.) pp. 156 and 239. 

* Giles Brent came to Maryland in 1639 ; was appointed Treasurer, 
and during the visit of Governor Calvert to England, in 1643, was com- 
missioned Deputy Governor of the Province. He was the son of Richard 
Brent, of Gloucester, England. He had a brother, Fulk Brent, and sis- 
ters Margaret, Mary, Catherine, Elizabeth, Eleanor, Jane, and Ann. Of 
these, Mary and Margaret, and his brother Fulk, came to Maryland with 
him. It was this Mistress Margaret who was such a prominent figure in 
early Maryland history. She was the executrix of Governor Leonard 
Calvert, and represented Lord Baltimore in various important matters of 
State, in all of which she displayed marked talent, courage, and ability. 
She enjoys the distinction of having been the first woman in America 



THE FIRST CAPITAL 45 

on the cliff on the south side of "Key's Branch". The lot 
was patented to him in 1639, and fronted eighty perches on 
the river. It was beautifully situated and was called the 
"White House". 1 

Adjoining this lot on the south, was "Brent's Forge" 2 
while still further south was the residence of Mistress Mar- 
garet and Mary Brent. The latter lot was patented in 1639, 3 
and was called "Sisters' Freehold". 4 

Adjacent to this property on the south, was the residence 
of Governor Thomas Green. 5 It was patented in 1639, and 
was called, at first, "Green's Rest", 6 and later, "Saint 
Ann". 

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

The house of Governor Green — a two-story frame build- 
ing, with brick gables, was occupied as late as 1820, 7 and its 

(and, perhaps, in the world, if we accept the ingenius Portia, of dra- 
matic fame), who exercised the rights of an attorney at law. The rec- 
ords furnish repeated instances in which she appeared before the Courts 
in that capacity. She was also a strong — and perhaps, the earliest — ad- 
vocate of woman's suffrage, having demanded, not only a seat in the 
General Assembly of Maryland, but a vote therein, both in her indi- 
vidual capacity, and as the representative of the estate of Governor 
Leonard Calvert. Two votes to one woman, however, was more than 
even the gallantry of the sons of early Maryland could accord. Could 
the wife of Governor Leonard Calvert — whose identity is still shrouded 
in obscurity — have been one of the sisters of this notable woman? If so, 
it would account for the high offices bestowed by him upon Colonel 
Giles Brent, and the close bond of intimacy and apparent relationship 
which existed between them. 

1 Kilty, p. 71 ; Rent Rolls. 2 Kilty, p. 71. 

3 Liber 1, p. 32. *Deed, E. Clocker, to J. Milburn, 1756. 

8 It is said by Browning that Thomas Green married Elizabeth a 
sister of Governor Leonard Calvert. He had sons named Leonard, 
Francis, Thomas, and Robert. — Davis, p. 182. 

'Liber 1, p. 42; Rent Rolls; Archives (2 Pro. Ct.) p. 337. 

7 By the father of the late Doctor John Mackall Brome. To Doctor 
Brome, a most estimable man, and his venerable mother, both now 



46 COLONIAL MARYLAND 

brick chimneys were standing' within the recollection of many 
persons still living. 

In the same general locality, but further inland, and 
bordering on Saint Andrew's Creek and Saint Inigoe's Creek, 
were, "Town Land", the residence of Robert Clark, Sur- 
veyor General, 1 "Lewis' Neck", the residence of Lieutenant 
William Lewis, subsequently of Daniel Clocker, 2 "Van Swer- 
ingen Point", the residence of Garrett Van Sweringen, subse- 
quently of Clerk of Council, Robert Ridgely, 3 "Saint Peter's 
Key", the residence of John Harris, subsequently of William 
Goldsmith, 4 and "Cross Neck", the residence of Elizabeth 
Baker, who devised it, in 1701, to William and Mary (P. E.) 
Parish. 6 

About midway between Robert Clark's and the intersec- 
tion of Middle and Mattapany Streets, and near the latter 
street, was one of the principal taverns of the City, in the 
latter part of its history. It was owned by Garrett Van Swer- 
ingen, in 1671, but was shortly afterward destroyed by fire. 
It was rebuilt, however, and in 1698 was known as "The 
Coffee House". He also owned, in 1698, the house at Saint 
Mary's called "The Council Room". 6 

South of St. Andrew's Creek, and on the promontory 
which formed the southern arm of Saint Mary's Harbor, was 
the house of Chancellor Philip Calvert. It was known as 
■"The Chancellor's Point" 7 — the name it still retains. It was 
a singularly commanding and beautiful situation, but nothing 
remains, save the name and a few fragments of its ruin, to 

deceased, whose residence at Saint Mary's had, together, covered nearly 
a century of time, and, consequently, had seen much of the Old City 
before it crumbled to ruin, the author is indebted for much valuable 
information and data, which could otherwise only have been secured, 
if at all, at the expense of enormous research and labor. 

1 Kilty. 2 Ibid, Will of Benjamin Clocker. 

3 Patent, Land Office ; Re-survey, 1710. 

4 Patent, Land Office; Rent Rolls. 

5 Archives (Pro. CI. 1692) pp. 395 and 420; Re-survey; 1750; will of 
Elizabeth Baker. 

"Archives (Pro. CI. 1692) p. 420; will, Liber P. C. III. 
7 Patent. 



THE FIRST CAPITAL 47 

mark the spot where once stood the historic home of Mary- 
land's first Chancellor. 

Adjoining "Chancellor's Point" on the east, and border- 
ing on Saint Inigoe's Creek, were "Clocker's Fancy" and 
"Justice's Freehold", the residences respectively, of Daniel 
Clocker and William Deakins. 1 

Still further down the peninsula, was the Walstenholme 
residence. This place is familiarly known as the home of the 
"Collector", a position with which it was associated as late 
as the American Revolution — Daniel Walstenholme, its owner, 
and son of his predecessor in that office — being, until 1776, 
Collector of the Potomac District. 2 The house, a capacious 
frame building, with brick gables (and until recent years, 
double-roofed and triangularly-capped dormer windows), and 
finished with handsomely carved woodwork ornamenting both 
ceilings and side walls, is still in good preservation. It stands 
to-day, the only monument of its time, and furnishes a hand- 
some and interesting specimen of the style of architecture and 
interior embellishment of that day. It occupies the summit 
of the high, bold bluff at the juncture of Saint Inigoe's Creek 
with the river, and commands an extensive and picturesque 
view of both land and water, embracing in its sweep, Saint 
George's Island, the broad Potomac, and the dim, mountain- 
like lines of the distant Virginia shore. It is now the man- 
sion house of the beautiful estate called "Rose Croft". 3 

1 Deed, Elizabeth Clocker to John Milburn, 1756. 

2 This house, it is said by persons in position to know, retains its 
original style of architecture, except, that about thirty years ago its pre- 
cipitous roof and triangularly-capped dormer windows were removed, 
and the present roof substituted. It is also worthy of note that this 
house is frequently referred to as the home of "Anthony Warden, Col- 
lector." No such person ever lived at Saint Mary's, or ever was the 
Proprietary Collector in Maryland. The name was first introduced in 
Maryland literature, by Kennedy, in his interesting legend of Saint 
Inigoe's, 'Rob, of the Bowl,' which, while an historical novel of great 
value, introduces its characters through fictitious names. Since' the 
above was written the Rose Croft house has been burned. 

3 Journal and Correspondence, Council of Safety, July, 1776 ; deed, 
John Mackall to A. Livers Lee, 1810. 



CHAPTER III 
The First Capital of Maryland 



*T*HE first General Assembly held in Maryland, met at Saint 
Mary's, on the 25th of January, 1637. 1 The Acts of 
this session, Baltimore refused to approve, because, as he 
claimed, the right to originate laws resided, under the charter, 
exclusively in himself; the power of the Assembly being 
limited to assent and dissent to such as he propounded. 
The freemen of Maryland, convinced that they possessed equal 
and co-ordinate rights, in matters of legislation, with the 
Proprietary, with the courage of their conviction, vindicated 
their position, by rejecting, at the next session of the Assem- 
bly, the whole body of bills drafted and submitted by him for 
their adoption, and enacted in their stead, a code which emi- 
nated from themselves, though substantially the same as the 
one that he had propounded. After this, the right of the 
Assembly to initiate legislation was not contested, and the 
right of the Proprietary was, in practice, limited to his veto. 
This right he always retained the privilege of exercising per- 
sonally, and, while the Governor of the Province was invested 
with the power of assenting to or rejecting laws passed by the 
Assembly, his assent only gave them efficacy until the Pro- 
prietary's dissent was declared. 2 

The freemen, successful in their opposition to what they 
deemed an encroachment upon their charter rights, thus 
planted in Maryland, at the session of 1637, that germ of 
liberty which underlies the right of free self government. 

*A General Assembly was held in February 1635, but no record of 
it remains, save some references to it made in subsequent statutes. 

'McMahon, p. 145; Brown, pp. 35 and 44; Johnson's Foundation of 
Maryland. 



THE FIRST CAPITAL 49 

The Legislature consisted at first of one branch, and until 
1639, was composed of the Council and all the freemen in the 
Province, either in person or by proxy, 1 convened by procla- 
mation and summons, with the Governor as its President. In 
1639, burgesses were elected from every hundred, who with 
the Governor and Council, composed the House of Assembly. 
With this change from a primary to a representative Assem- 
bly, two curious anomalies still existed — the one conceding to 
the Governor the right to summons additional members at 
will; the other, the right of every freeman who failed to vote 
for the burgess elected, to claim representation in person. 

In 1650, the organization of an Upper and a Lower House 
of Assembly was established; the Governor, Council, and 
those summoned by special writ, constituting the Upper 
House, and the burgesses elected, the Lower House. The 
number of delegates to be elected was within the Governor's 
discretion, and was regulated by the proclamation for the 
election, usually from two to four from each hundred (subse- 
quently, each county), until 1681, when the number was 
uniformly fixed, and reduced to two, which continued until 
1692, when it was, for the first time, regulated by Act of 
Assembly, and when the number was increased to four from 
every county — a basis of representation which continued until 
the Revolution. 2 

It should here be said that the legislation enacted at 
the little Capital of Saint Mary's, during the sixty-one years 
in which it was the seat of Government, forms, to a great 

1 Except the Jesuit priests, Fathers White, Althan and Copley, who 
asked to be excused on the ground of "sickness." In England, clergy- 
men were not eligible to membership in the House of Commons, not 
because of their "clerical office," as those holy fathers perhaps assumed, 
but because they were already sufficiently represented through the bish- 
ops in the House of Lords. Ministers of the gospel were subsequently 
permanently excused from service in the General Assembly of Maryland, 
the Legislature going to the extent even of holding that, "once in orders 
always in orders", as in the case of John Coade in the Assembly of 1692. 
In Maryland no clergyman has ever sat in the General Assembly, and 
since 1776 it has been prohibited by constitutional provision, an exclusion 
not found in any other state in the Union. 

2 McMahon, p. 147 ; Brown, p. 43 ; Doyle, p. 291 ; Scharf, 2, p. 282. 



5 o COLONIAL MARYLAND 

extent, the foundation and outlines of the present legal, civil, 
and social structures of Maryland, and of some of its most 
cherished institutions. 

It was then and there, that the great struggle for popular 
sovereignty, between the bold and courageous yeomanry of 
Maryland and the Lord Proprietary was inaugurated, and 
which resulted in setting upon a firm foundation, that prin- 
ciple, which formed the basis of Maryland's early system 
of free self-government, and which, "in process of time, and 
course of events", developed into a reality, the sublime doc- 
trine of constitutional liberty. 

It was also, by the legislation then and there enacted, 
that the famous "Toleration Act", giving legal sanction to 
liberty of conscience, which shed such brilliant renown upon 
the legislative annals of Maryland, won for it the name of the 
"Land of the Sanctuary", and which extending to all who 
believed in Jesus Christ, whatever their form of worship, 
"shelter, protection, and repose", because engrafted by law 
upon its government. 

Though religious toleration had existed, in practice, in 
Maryland, from its earliest settlement, it had never been made 
the subject of legislative enactment, and to the General 
Assembly, of 1649, does this, "the proudest memorial" of 
Maryland's colonial history, belong. "Higher than all titles 
and badges of honor, and more exalted than royal nobility", 
is the imperishable distinction which the passage of this broad 
and liberal Act won for Maryland, and for the members of 
that never-to-be-forgotten session, and sacred, forever, be the 
hallowed spot which gave it birth! 

But, besides being the historic battle field of Maryland's 
early struggle for political freedom, and the scene of its first 
legislative confirmation of religious peace, Saint Mary's pre- 
sents in its history, as the capital and metropolis of the Prov- 
ince, all "the glowing incidents and martial virtues" which 
characterized and gave inspiration to that eventful and heroic 
period — the period in Maryland history which has truly been 
styled, "the golden age of its colonial existence"; the period 



THE FIRST CAPITAL 51 

in which the foundation of its government was being broadly 
and deeply laid ; the period of its great political turmoils and 
religious agitations ; the period in which were the defiant 
spirit and persistent rebellion of Clayborne ; the artful sedition 
and destructive warfare of Ingle; the reflex action upon 
Maryland of England's parliamentary disturbances, resulting 
in the usurpation of the Proprietary rights; the turbulence 
and ascendancy of the Puritan, whose reign was so conspicuous 
for its political proscription of those who hospitably received 
and generously treated them when outcast and homeless, and 
of sectarian persecution of those who did not worship at the 
altar of their shrine ; the repeated efforts of the Proprietary to 
reduce them to subjection, beginning with the memorable 
battle upon the Severn, and ending only with the turn of 
affairs in England which took from them their moral support ; 
the rise and fall of the intriguing and ambitious Fendall, the 
Cromwell of Maryland ; the introduction of the printing press, 
that emblem of liberty which was not found in any other 
American colony; the embroiling designs and the insurrection 
of the apostate Coade; the Protestant revolution, in 1689; 
the downfall of the Proprietary government ; the administration 
of affairs by the representatives of the Crown, and the estab- 
lishment of the Church of England, by law, in the Province — 
all pass in review, and stand in "characteristic light and 
shade" 1 upon its historic panorama. 

The year 1644 is conspicuous in the annals of Saint 
Mary's, as the beginning of a series of dissensions in Mary- 
land, in which the Provincial Capital was the theatre of 
action, and which, with slight interruptions, continued to dis- 
turb the peace of the Province for about sixteen years. In 
November of that year Richard Ingle, who had shortly before 
been arrested at Saint Mary's, for "treason", and had es- 
caped, filled with revenge and burning for retaliation, entered 
the Saint Mary's River in command of the armed ship Refor- 
mation. Finding much disturbance and divided sympathy in 
the colony, over the contest then pending in England, between 

1 The Buccaneers. 



52 COLONIAL MARYLAND 

the King and Parliament, he met with but little difficulty in 
exciting the disaffected to rebellion. This accomplished, he 
invaded and seized the City, mutilated the records, pilaged 
public and private property, 1 and drove Governor Calvert to 
Virginia. Calvert, however, after much delay, gathered there 
all available forces, and, pledging his own and Baltimore's 
estates to pay them, crossed the Potomac, and after a short 
and bloodless contest, regained the Provincial Capital. 2 

But he did not long enjoy the fruits of his victory. On 
9th of June, 1647, and at the early age of forty, 3 he died at 
Saint Mary's, where his remains, it is said, still repose under 
its revered and holy soil. 

Of the life and character of Leonard Calvert, historians 
have said but little. While there is no desire to detract 
from the unfading lustre which they have accorded to the 
Proprietaries of Maryland, truth and justice alike, demand 
that of the pioneer Governor of the Province, and the 
founder of Saint Mary's, it should here be said, that he, 
who left his native land to lead the pilgrim colonists to 
Maryland; he who faced the perils and dangers, and stood 
the heat and fire of storm and battle, which so often dark- 
ened its early colonial days; he who first proclaimed and 
laid in practice those fundamental principles which underlie 
the priceless boon of liberty of conscience; he, who, with 
untiring energy, fidelity, and zeal, devoted the best years of 
, his life to the development and glory of Maryland, and to the 
prosperity and happiness of its citizens; he, whose undaunted 

x The case of Captain Thomas Cornwaleys, illustrates the rapacity 
of Ingle's rule at Saint Mary's, and the extent to which private property 
was pillaged. After Ingle's return to England, Cornwaleys sued him 
there to recover £3000 damages, and alleged in his declaration, that he 
had a comfortable dwelling house, furnished with plate, brass, pewter, 
bedding, and linen hangings; his plantation, also, being well stocked 
with horses, cattle, swine, sheep and goats; and that Ingle took posses- 
sion of his mansion, burned his fences, killed his swine, carried off his 
horses and cattle, wrenched off the locks of his doors, and otherwise 
greatly damaged his property. — Scharf, vol. 1, p. 149. 

2 Bozman, p. 290; Brown, p. 60; Scharf, 1, p. 149. 

s Neil, p. 60. 



THE FIRST CAPITAL 53 

courage, wise and liberal statesmanship, and mild and gentle 
government, are so closely associated with the foundation, 
early growth, and permanent establishment of Maryland, 
should stand upon the pages of history no less distinguished 
and renowned, as long as valiant service to early Maryland 
has an admirer, or civil and religious liberty a friend. 

From the fact that the records of the Province, prior to 
his death, make no mention of wife or children, and that his 
brief, nuncupative will did not refer to them, Governor Cal- 
vert has passed into history as having died a bachelor, but 
recent investigation proves this to be an error, and that he 
was not only married, but left children. 1 

1 In Pro. Court Records, 1658-62, p. 459, etc., may be found the pro- 
ceedings in the suit of the Lord Proprietary, guardian of William Cal- 
vert (then in England), son and heir at law of Governor Leonard Cal- 
vert, vs. Thomas Stone, son, and Valinda Stone, widow of Governor 
William Stone, for the recovery of Governor Calvert's house and lot, 
at Saint Mary's, and which Stone, in 1650, had purchased of Margaret 
Brent, executrix of Governor Calvert, under the supposition that she 
had the power to convey it. — Archives (Pro. Ct. 1650) pp. 106 and 172. 
The verdict was for the "plaintiff for the land and costes" — thus estab- 
lishing the fact of both marriage and issue. William Calvert came to 
Maryland about 1662, where he held many positions of distinction, among 
them Judge of the Testamentary Court, member of the Council, with 
rank directly after the Chancellor and Secretary of the Province. He 
was drowned in 1682. — Archives (Pro. CI. 1682) p. 366. His widow, 
Madam Elizabeth Calvert, was living in 1692. — Ibid, 1692, p. 492. She was 
the daughter of Governor William Stone, and Valinda, his wife, the sister 
of Thomas Sprigg, of Northampton, Prince George's County. William 
Calvert left sons Charles, George, and Richard, and daughter, Elizabeth 
who married, in 1681, James Neale, Jr., and left daughter, Mary, born 
in 1683, and who married first Charles Egerton (ancestory of the Eger- 
tons of "Piney Neck"), and second, Garrett Van Sweringen. — See case 
Daniel Dulaney vs. Charles Calvert, et al., in High Court of Chancery 
of Maryland, August, 1720; wills, Charles Egerton, 1698, and James 
Egerton, 1765, Saint Mary's County. Governor Leonard Calvert also 
left a daughter Ann, who came to Maryland in 1663. In September of 
that year, Governor Charles Calvert wrote Lord Baltimore as follows: 
"Art the same time, my cousin William's Sister arrived here and is now 
at my house and has the care of my household affairs. As yett noe good 
match does present, but I hope in a short time she may find one to her 
own content and yr. Lspp's desire." — Calvert Papers, vol. 1, p. 224. She 



54 COLONIAL MARYLAND 

In 1652, the Commissioners of the English Parliament, 
arrived at Saint Mary's, deposed Governor William Stone, 
who had been appointed Governor of the Province in 1648, 
and named a Board of Councilors, for the government of 
Maryland, of whom Robert Brooke, of De La Brooke, was 
President, and, as such, acting Governor of the Province. 
On the dissolution of Parliament, however, Stone, in 1654, 
proclaimed Cromwell "Lord Protector", and reorganized the 
Proprietary government. This excited the violent opposition 
of the Puritan element in Maryland, who, with all available 
forces, invaded Saint Mary's, and finding Governor Stone 
without the means of effectual resistance, removed the records 
to Mr. Richard Preston's, near Saint Leonard's, on the 
Patuxent River, appointed from their own party, officials for 
the government of the Province, and passed laws ignoring 
Lord Baltimore's territorial rights, disfranchising Roman Cath- 
olics, and repealing the Toleration Act, of 1649, enacting in 
place of the latter, an Act concerning religion in obedience to 
the inspiration of their own philosophy, 1 

Governor Stone succeeded in capturing the records and 
restored them to the Provincial Capital, as well, also, the 
magazine and arms designed for the defense of Saint Leon- 
ard's, but in his effort, through the memorable battle at Prov- 
idence—the first land engagement in Maryland — to reduce the 
insurgents to subjection, he was overwhelmingly defeated, 2 

married, about 1664, Baker Brooke, of De La Brooke, member of the 
Council and Surveyor General of the Province. Through this marriage 
she was the ancestress of Monica Brooke, the mother of Chief Justice 
Roger Brooke Taney and Catharene Boarman, the wife of Major Wil- 
liam Thomas. Ann (Calvert) Brooke married, second, Henry Brent, 
Deputy Surveyor General of the Province, and third, Colonel Richard 
Marsham. See will, Baker Brooke, P. C. No. 1, p. 114, Saint Mary's 
County; Kilty, p. 62; Test Pro. Liber 13, Annapolis. 

1 Bozman, 11, p. 505; McMahon, p. 206. 

2 This battk took place on the 25th of March, 1654. Stone's 
"battle cry" was "Hey, for Saint Mary's," while that of the Puritans 
was, "God is our strength." Stone has been criticized for starting into 
this engagement with such a small body of men — about 130 only — but it 



THE FIRST CAPITAL 55 

and they continued to hold the reins of government until 1657, 
when, through an agreement, induced by the turn of affairs 
in England against Puritans, it was formerly surrendered and 
re-instated at Saint Mary's. 1 

The year 1659, is noted in connection with Saint Mary's 
for the attempted rebellion of Governor Josias Fendall, in 
which he made the unsuccessful effort to "play the part in 
Maryland which Cromwell had just performed in England", 
by conspiring with the Assembly to overthrow the Proprietary 
government and establish a republic, with himself as its head. 2 

While not within the scope of this work to enter into the 
details of this tragedy, it may be proper to state, that the 
scheme by which Fendall expected to accomplish this, was to 
surrender his commission from Baltimore, have the Legislature 
declare its independence of the Proprietary, and, as the direct 
representatives of the people, elect him Governor of the 
Province. On the 12th of March, 1659, the Lower House 
declared its Independence of all power, and denied the right 
of the Upper House (composed only of representatives of the 
Proprietary) to sit longer as a branch of the Legislature. To 
this Fendall, of course, assented, and, on the 14th of March, 
dissolved the Upper House, surrendered his commission from 
the Proprietary, and was elected by the Legislature thus con- 
stituted, Governor of the Republic of Maryland. 3 After a 

should be remembered that the military organization of the Province 
had been much neglected, and at that time was very poor, and that he 
was, in consequence, limited to such men as he could muster in and 
around St. Mary's. After this, the militia was put upon a much 
better footing. The Province was divided into military districts, com- 
manders appointed for each, arms and ammunition looked after, and the 
whole fighting population was mustered in and trained. Under such 
conditions, the black and gold ensign of Maryland would probably not 
have fallen. 

1 Bozman, 11, p. 505; McMahon, p. 206. 

2 McMahon, p. 212; McSherry, p. 81. 

3 For an interesting discussion as to the causes of this rebellion, see 
the able treatise of Doctor Sparks on "The Maryland Revolution of 
1689," page 30-36. 



56 COLONIAL MARYLAND 

fruitless effort, however, to enlist public interest in this 
nefarious scheme, Fendall abandoned his government thus 
established, and when his arrest was ordered, voluntarily 
submitted himself to the mercy of the Baltimore government, 
which, in the meantime, had been reorganized, with Philip 
Calvert as Governor. He was tried and convicted, but after 
a short imprisonment was discharged from all the penalties 
imposed by the Court, except those of being disfranchised 
and prohibited from holding public office — humanity which he 
lived long enough to repay by an effort, many years afterwards, 
to excite another rebellion in the Province. 1 

Early in 1662, the Honorable Charles Calvert arrived at 
Saint Mary's, and entered upon the duties of Governor of the 
Province. He subsequently established a temporary residence 
at Mattapany, but about the time he became, by the death of 
his father, Baron of Baltimore and Proprietary of the Prov- 
ince, he resumed his residence at Saint Mary's. As an 
expression of their pleasure at his return to the Provincial 
Capital to live, the General Assembly presented him with an 
appropriation of 30,000 lbs. of tobacco. 2 

Charles, Lord Baltimore, was, perhaps, more closely 
identified with the development of Saint Mary's, than any 
other man connected with its history. It was during his 
administration that it was incorporated into a city, and the 
privilege of sending two representatives to the General 
Assembly was granted; it was also, during his proprietorship 
that the State House and other public buildings were erected, 
and to sustain its privileges and importance, and give it per- 
manency as the seat of government, he gave the City a 
written assurance that it should continue to be the Capital of 
the Province as long as he remained its Proprietary. 3 This 
promise he faithfully observed, and though efforts were made, 
and inducements offered from time to time, to get the seat of 

1 McMahon, pp. 213 and 214. 
"Archives (Ass. Pro. 1674) p. 454- 

3 Petition of Mayor and Council to Governor Nicholson, in Scharf 
1, P- 345- 



THE FIRST CAPITAL 57 

government removed, he firmly resisted them all. One of 
these propositions came from the inhabitants of Anne Arundel, 
accompanied by the generous offer to build at the Ridge, in 
that County, at their own expense, a Governor's house, as 
well, also, as a State House, jail, and necessary offices, the 
latter buildings to be paid for only when completed. 1 

In 1661, an Act was passed for the establishment of a 
Mint in Maryland (at Saint Mary's) for the coining of money 
corresponding in purity, and equal in value to English coins 
of similar denominations. 2 Whether or not the Mint was 
actually operated, the records do not show. A writer, in 
1708, says it was established, but not much used. 3 It may be 
of interest to note here the curious method for getting money 
introduced among the people, as adopted by the Act of 
1662, under which every householder in the Province was 
required to buy at least ten shillings for every taxable person 
in the family, paying for it in tobacco, at two pence per pound. 

As early as 1689, a printing press, probably the first in 
Maryland, 4 — and, indeed, in America — had been established 
at Saint Mary's. There is, apparently, no data from which 
the exact time it commenced operations can be ascertained, 
but it was certainly as early as the above date, when the 
"Declaration of the Protestant Associators", probably the 
first pamphlet ever printed in Maryland, was issued from it. 6 

1 Archives (Ass. Pro. 1674) p. 78. 

2 Specimens of the coins struck for Maryland, of about this date, 
are exceedingly rare, but a few of them are preserved in the Maryland 
Historical Society. They consisted of shillings, sixpence, and groats, 
their weight being respectively, 66, 34, and 25 grains of silver. A part 
of the legend on these coins was, Crescite at Multiplicamini and their 
advent into Maryland marks, also, as far as the records show, the in- 
troduction of that motto into the Province, and which was ultimately 
destined to become, for a short time, the motto of the State. — See 
Crosby, "Early Coins of America," p. 123. 

8 British Empire in America, p. 344. 

* Chalmers, p. 384 ; Neil, p. 174. 

8 Scharf, vol. 1, p. 190, says : A printing press was set up in Mary- 
land by the Jesuit Missionaries, on which was printed Father White's 
catechism for use of the Indians, and that it was destroyed or carried 



58 COLONIAL MARYLAND 

The press belonged to Richard Nuthead, and was the only 
one in Maryland, of which the records speak, until 1696, when 
William Bladen took a press to Annapolis and became the 
public printer of the Province. 1 

; Shortly after the accession of William and Mary to the 
English throne, the "religious fever which had just shaken 
England to its centre", was used by certain leaders in Mary- 
land, under color of religious zeal, as the instrument for pre- 
cipitating a crisis in the affairs of the Province. In April, 
1689, an "Association in arms for the defense of the Protests 
ant religion and for asserting the rights of King William and 
Queen Mary to the Province of Maryland", was formed, and 
this act was followed by open revolution. 

On the 16th of the following July, information was 
received by the Council, at Saint Mary's, that companies of 
militia were being formed in different parts of the Province. 
An envoy was at once dispatched from Saint Mary's to ascer- 
tain their movements, but he was arrested and held as a spy. 
Learning, however, of their intended march upon, and near 
approach to the Provincial Capital, Colonel William Digges, 
of Saint Mary's, prepared for defense. He mustered in one 
hundred men, and took position in the State House, which 
was to be the point of attack. While these preparations were 
being made at Saint Mary's, Colonel Henry Darnell and Major 
Nicholas Sewall went up the Patuxent and raised a force of 
one hundred and sixty men, but they did not arrive in time to 
assist in the defense of the Capital. 

When the revolutionists reached Saint Mary's, they num- 
bered seven hundred men, under command of Captain John 
Coade, Colonel Henry Jowles, Major John Campbell, Mr. 
Nehemiah Blackiston, and Mr. Ninian Beall. Colonel 

off in 1655; but I can find no authority for the statement. Same author, 
vol. I, p. 362, says : Another printing press was set up in 1660. This 
seems to be based upon an inference drawn from the Act of that year, 
providing for the publication of the laws of that session. Reference to 
the Act, however, shows that publication by proclamation only was 
meant, and not by printing. 
1 Scharf, 1, p. 362. 



THE FIRST CAPITAL 59 

Digges, finding his men unwilling to fight against such supe- 
rior numbers, after a short skirmish, evacuated the State 
House and surrendered. 1 

The Council were driven to the Garrison at Mattapany/ 
which being also captured, articles of formal surrender were 
signed on the ist day of August, 1689, by which the "Asso- 
ciators" were placed in absolute possession and control of the 
Province. 3 

A full history of the motives and causes underlying and 
prompting this revolution, which swept away the Proprietary 
government, and, as events showed, marked the downfall of 
Saint Mary's, would involve too much detail, but it may be 
proper to note the fact that the records indicate the uprising 
to have been the result, not so much of the fear of violence to 
the Protestant religion, as it was of the alarm of physical 
danger, produced by the report that the Roman Catholics 
were conspiring with the Indians to massacre the Protestants, 
kindled and fanned by a few captious spirit*, who were emu- 
lous of power, at whatever cost, and fired with ambition and 
expectation of royal favor from a Protestant King. 4 

With the power in their own hands, Coade and his asso- 
ciates, issued the famous "Declaration of the Protestant 
Associators", 5 selected a Council for the government of the 
Province, of which Nehemiah Blackiston, of "Longworth 
Point", was President, and sent an address to William and 
Mary, in which they detailed the results of the revolution, 
assigned the "defense of the Protestant religion" as the 
reason for it, and asked that the Province be placed under the 
protection of the English Government. 7 

The revolution received the Royal sanction and Maryland 
was placed under a Royal government. Sir Lionel Copley 
the first Governor appointed by the Crown, arrived at Saint 

1 Archives (CI. Pro. 1689) pp. 147-163; Scharf, 1, pp. 310, 313- 315- 
2 Mattapany — see Chapter on Saint Mary's County. 
3 McMahon, p. 237. 4 Day Star, p. 87; Brown, p. 150. 

B Archives (CI. Pro. 1689) p. 101. 
6 Ibid, p. 206. 7 Ibid, p. 108. 



60 COLONIAL MARYLAND 

Mary's, in 1691. His associates were Sir Thomas Lawrence, 
Chancellor and Secretary, and Captain John Courtes, Mr. 
Thomas Brooke, and eight others as Councilors. 1 

The first Assembly under the Royal Government, con- 
vened at Saint Mary's, May 10th, 1692, with Nehemiah 
Blackiston, President of the Upper, and Kenelm Cheseldine, 
Speaker of the Lower House. 2 

The most conspicuous of the Acts of this session, was the 
one overthrowing religious freedom — so long the pride of 
Maryland — and constituting by-law, the Church of England, 
as the established church of the Province. 8 

Governor Copley's residence at Saint Mary's, however, 
was of short duration. His wife died there on the 5th of 
March, 1692 O. S., 4 and he died on the 27th of September, 

1693. 6 

In July, 1694, Francis Nicholson, Esq., became Governor 
of Maryland, and one of his first official acts was to sound the 
death knell of Saint Mary's. He summoned an Assembly to 
convene in September, not at Saint Mary's, but at Anne- 
Arundel-Town — now Annapolis. This act, "foreshadowed 

1 Ibid, 1691, p. 271. "Archives (Ass. Pro. 1692). 

8 For the particulars of this Act, see Chapter on Some of the Early 
Churches of Maryland. 

4 Archives (CI. Pro. 1692) p. 479. 

6 Liber H. D. No. 2, CI. Pro. pp. 65 and 98. 
The cases of Governor and Lady Copley furnish strong examples 
of efficiency in the art of embalming at that early period. Governor 
Copley died about six months after his wife — as computed by the 
English system then in vogue, the legal year beginning the 25th of 
March — and yet, for ten months after his death, the bodies of both of 
them lay in the "Great House," at Saint Mary's, awaiting orders to 
ship them to England. It was not until July, 1694, that the Council 
ordered a vault to be built for their interment — a ceremony which did 
not take place until the following October. It is further worthy of note 
that as late as 1790, when the only vault known to be at Saint Mary's, 
and hence, presumably the Copley vault, was broken into, the remains 
of the woman there interred, were found to be in a state of perfect pres- 
ervation, until exposed to the air, when they crumbled into dust. For 
further particulars of the burial of Governor Copley and Lady Copley, 
see pages 33 and 34. See also appendix. 



THE FIRST CAPITAL 61 

the doom" of Saint Mary's, and at that session of the Assem- 
bly, the removal of the Capital was decided upon. 1 

The consternation which Saint Mary's felt at this sudden, 
and, to it, disastrous movement can well be understood. It 
solemnly protested, pathetically appealed, and graciously 
offered. Through its Mayor, Aldermen, Recorder and 
Council, it sent a protest to the Governor and Council, 2 in 
which the point was made, that the "power of appointing a 
place for the Supreme Court of Judicature and Seat of Gov- 
ernment" of Maryland was the special prerogative of the 
Crown, and that it could not be done by Act of Assembly, 
and urged that they "reject said bill" until their Majesties' 
pleasure could be ascertained. 3 This they supplemented with 
a lengthy petition, in which, after dwelling upon the ancient 
rights and privileges of Saint Mary's, sustained by long enjoy- 
ment, and confirmed in the most solemn manner by the late 
Proprietary, and upon the advantages of a site well-watered, 
with a commodious harbor, and a healthful and pleasant situa- 
tion, they proposed to obviate all objections as to want of 
accommodations and the difficulty of access, by keeping a 

1 Scharf, i, p. 347. 2 Ibid. 

3 Those who signed the protest and the petition were, Philip Lynes, 
Mayor; Kenelm Cheseldine, Recorder; Henry Dutton, John Lewellyn, 
Jo. Watson, Thomas Beall, Philip Clark, Edward Greenhalgh, Alder- 
men ; Thomas Wanghop, William Aisquith, Thomas Price, Richard 
Benton, Robert Mason, W. Taylard, Samuel Watkins, Common Coun- 
cilmen; Wm. Diggs, J. Bouye, Clerks; G. Van Sweringen, Josh Brod- 
bert, Ro. Carville, Chas. Caud, Robt. King, George Layfield, John Coode, 
Henry Wriothesley, W. Bladen, James Cullen, Thomas Hebb, James B. 
Baker, Stephen Blatchford, Daniel Bell, Jonathan Clarke, Edward Kel- 
sey, Abraham Rhodes, Joseph Edto, Roger Tolle, Henry H. T. Taylor, 
James Reckets, John Wincoll, Edward Fisher, John F. Noble, Thomas 
Hutchins, Richard Sowler, Thomas [his X mark] Guyther, Robert 
Denry, Claudius Dutitre, Samuel Wheeler, Constables; John I. M. 
Mackye, Peter Dent, Wm. Guyther, John [his X mark] Janner, John 
[his X mark] Little, Thomas H. Hickson, William Nuthead, Richard 
Griffin, Isaac Paine, Peter Watts, Robert Carse, John Evans, Wm. 

Lowry, Anderson, Eben Cooke, Zacharias Van Swearingen, Leon 

D. Hukenett, William Harpenos, Michael Chevers, Elias Beech, Thomas 
Guinurn, John Freeman, and Joseph Doyne, Freemen. 



62 COLONIAL MARYLAND 

coach or caravan, to run daily during the sessions of the 
Legislature and Provincial Court, between the City and the 
Patuxent, and weekly at other times, and at least six horses 
with suitable furniture, for riding post, etc. 1 

The appeal, however, was of no avail. Governor Nich- 
olson had removed the Capital of Virginia from its ancient 
seat, 2 and had come to Maryland resolved upon the same 
course towards Saint Mary's. 3 He went through the form of 
submitting the addresses to the Assembly, from whence they 
were returned to him — whose wishes were probably well 
understood — with a reply, conspicuous only for its vindictive 
spirit, bitter acrimony, and extreme coarseness ; in which 
they ridiculed the idea of being bound by Proprietary prom- 
ises, denied the advantages of Saint Mary's, mocked at its 
calamities, and laughed at its proposals.* 

On the receipt of the reply from the Assembly, the 
Governor and Council thus tersely recorded their views on 
the matter: "This Board concurs with the said answers 
made by the House of Burgess". 5 

In February, 1695, Governor Nicholson issued an order 
for the removal of the archives, records, etc., "from Saint 
Mary's to Anne Arundel Town, they to be conveyed in good 
strong bags, and to be secured with cordage and hides, and 
well packed, with guards to attend them night and day, to be 
protected from all accidents, and to be delivered to the Sheriff 
of Anne Arundel County". The final removal was made 
that winter, and on the 28th of February, 1695, the General 

1 McMahon, p. 252. 2 Brown, p. 187. 

3 During the time that Saint Mary's was the capital of the Prov- 
ince, all sessions of the General Assembly were held there, except that 
it met at Saint Inigoe's from December 29th, 1646, to January 2nd, 
1647, four days, and at Saint Leonards, on the Patuxent under commis- 
sioners of the Protector, 1654, 1657 and 1658; at Brambly and Bush- 
wood, residences of Thomas Gerard and Robert Slye during Fendall's 
rebellion, 1659, and at The Ridge, and Anne Arundel Town in Anne 
Arundel County, 1683, 1694. 

4 Scharf, 1, pp. 344-346; Riley, History of Annapolis, p. 62. 

5 Riley, p. 62. 



THE FIRST CAPITAL 63 

Assembly commenced its first session in the new Capital of 
Maryland. 1 

The reason alleged for this change, was that Saint 
Mary's, being on the verge of the Province, was difficult of 
access to the masses of the people. This may not have been 
altogether without weight, but it was more probably due to 
the fierce political struggle and the bitter sectarian strife, 
which existed there at that time — between the advocates of 
the Proprietary and the adherents of the King — between the 
Church of England and the Church of Rome. 

"It was", says one of Maryland's eminent historians, 
McMahon, "the interest of the new government, to destroy, 
as far as possible, the cherished recollections which were 
associated with the departed Proprietary power; and there 
was no object so intertwined with all these recollections, as 
this ancient city, consecrated by the landing of the colonists, 
endeared to the natives as the first home of their fathers, and 
exhibiting, at every step, the monuments of that gentle and 
liberal administration, which had called up a thriving colony 
out of the once trackless wilderness. The Catholics of the 
colony dwelt principally in that section of it; and, under the 
joint operation of these causes, it had been distinguished dur- 
ing all the troubles consequent upon the civil wars in England, 
by its unshaken attachment to the Proprietary. Without 
these considerations to prompt the removal, the recollections 
and the attachments, which centre the feelings of a people in 
an ancient capital, would probably have contributed to pre- 
serve it as such ; until, by the denseness of the population, 
and the increasing facilities for traveling, thereby afforded to 
the remote sections of the State, the objection to its location 
would have been in a great measure obviated; and the City 
of Saint Mary's would, at this day, have been the seat of our 
State government. The excitement of the moment made its 
claims to recollection, cogent reasons for its destruction, and 
the public convenience came in as the sanction". 

After Saint Mary's ceased to be the Capital of the Prov- 

1 Riley, p. 62; Ridgely, History of Annapolis, p. 88. 



6 4 COLONIAL MARYLAND 

ince, it soon began to decline. The removal of the govern- 
ment officials, in itself, seriously diminished its population, 
and, in 1708, it ceased also to be the county seat of Saint 
Mary's County, the last symbol of its official character. ; The 
same year, it lost its long honored privilege of sending 
delegates to the General Assembly, and soon after, lost its 
rank as a city. 

No longer the commercial emporium of the Province, 
with no manufacturing interests at that day to sustain its 
vitality, and completely stripped of its official importance, it 
was left without means of support. Its population gradually 
departed ; its old fort sank to the level of the earth ; its 
houses — one by one — fell to ruin, and, in a comparatively 
short time, nothing remained, save the old State House and a 
few of the more durable buildings, the latter used as home- 
steads for the farms into which the site of the old city became 
converted. 

In 1695, - permission was given the Justices of Saint 
Mary's County, to use the State House for a Court House 
and church. In 1708, the public buildings and land at Saint 
Mary's, were ordered to be sold. They were, however, not 
sold, and, in 1720, the General Assembly vested the old 
"State House and grounds in the Rector and Vestry of 
William and Mary Parish, and their successors, in fee simple, 
for the use of the Parish, forever". 1 

The changes deemed necessary to adapt the old edifice to 
church purposes, were made the following year, the contractor 
for the work being Joshua Doyne. The attic and second story 
floors, and all the partitions were removed, and the building 
was ceiled "square with the top of the arch after the model of 
the old Chapel at Saint Mary's". A railing was put across 
the transept of that arm of the cross which originally forced 
the porch, and which was converted into a chancel, its large 
central arch being bricked up and giving place to the altar, 
which was of heavy oak, ornamented with carvings, and 
above it, a fresco picture, representing "the flight into 

x Act, 1695, c. 13; 1708, c. 3; 1720, c. 4. 



THE FIRST CAPITAL 65 

Egypt" ; while in place of the two smaller arches, windows 
were substituted, each eight feet high, and twenty-two inches 
wide. The opposite, or "stair-way", arm of the cross became 
the vestibule of the church, and was made to correspond, 
in design and appearance, to the original entrance to the 
building; while in the northern and southern transepts, 
galleries were erected. As thus changed, it would accommo- 
date about four hundred persons. 1 

There was so much opposition manifested, it is said, on 
the part of the Roman Catholics, to the old State House 
being used for Protestant worship, that the latter, about the 
year 1700, applied to a British man-of-war for assistance, and 
three canon were placed there for their protection, and 
which remained in the church yard until 1823, when they 
were removed to Washington City. 2 

The old State House continued to be used as a church 
for more than a century; but, in 1829, this historic old 
building was pulled down, and its material used in the con- 
struction of Trinity Church, which stands nearby. This old 
monument might well have been "spared all but the ravages 
of time," and — had it been saved from the sacrilege of man 
— it might to-day be standing to "point a moral," and "adorn 
the history" of the founders of Maryland. 3 

In 1839, the State of Maryland purchased from William 
and Mary Parish, the eastern half of the State House lot, and 
to commemorate the spot where "civilization and Christianity 
were first introduced into our State", erected on it the impos- 
ing and classic building, known as the "Saint Mary's Female 
Seminary." It also, a little over two years ago, did tardy 
justice to Maryland's first Governor — Leonard Calvert — by 
erecting to his memory a handsome granite shaft, placing it 
on the site of the "Old Mulberry ;" and, at the same time, 

'•Allen's MSS. ; Extracts from Vestry Record. 

2 Scharf, Historical Address, June 1891. 

3 Much of the furniture in the present church is made of the wood 
of the "Old Mulberry." Some of this wood has also been worked up 
into "relics" and sold, the proceeds having been used to keep the 
church in repair. 



66 COLONIAL MARYLAND 

in order to perpetuate the foundation lines of the old State 
House, planted at each of its twelve corners, a massive granite 
marker. 

The shaft is thirty-six feet high, and six feet square at the 
base. Above the inscription blocks, are two bronze medal- 
lion plates, bearing the Coat of Arms of Maryland. The 
monument contains the following interesting inscriptions: 
To the Memory of 
Leonard Calvert, 
First Governor of Maryland, 
This Monument is 
Erected by 
The State of Maryland. 
Erected on the Site of the 
Old Mulberry Tree, 
Under which the 
First Colonists of Maryland Assembled 
To Establish a Government 
Where the persecuted and oppressed of every creed 
and every clime might repose in peace and security, 
adore their common God, and enjoy the priceless 
blessings of civil and religious liberty. 
Leonard Calvert, 
Second Son of George Calvert, 
First Baron of Baltimore, 
and Anne, His Wife, 
Led the First Colonists to Maryland, 

November 22, 1633— March 3, 1634, 

Founded Saint Mary's, March 27, 1634, 

Died, June 9, 1647. 

By His Wisdom, Justice, and Fidelity, He Fostered the 

Infancy of the Colony, Guided it Through Great 

Perils, and Dying, Left it at Peace, 

The Descendants and Successors of the Men 

He Governed, Here Record 

Their Grateful Recognition of His Virtues, 

November, MDCCCXC. 



THE FIRST CAPITAL 67 

Thus did the ancient City of Saint Mary's spring into 
being, flourish, and pass away. In the "very State to which 
it gave birth ;" in the State whose foundations it erected ; in 
the State, many of whose most valued institutions, and more 
ancient principles of organic law it established, it to-day 
stands almost a "solitary spot, dedicated to God, and a fit 
memento of perishable man". 

But it is one, which, as long as civilization shall endure 
upon the earth, will be memorable in the history of its devel- 
opment. The philosopher and the statesmen, when tracing 
back the progress of the political systems of men, from the 
loftiest heights they shall ever reach, will always pause upon 
the banks of the Saint Mary's to contemplate one of the 
greatest epochs in their history. It was there that, under the 
auspices of the founders of the State of Maryland, the injured 
freemen of England found a refuge from the depredations of 
Royal power; it was there that the inherent rights of man 
found opportunity for growth to strength and vigor, away 
from the depressing tyranny of Kings ; it was there that the 
ancient privileges of the people, that came down with the 
succeeding generations of our fathers, from the morning twi- 
light of Anglo-Saxon history, struggling through the centuries 
with varying fortunes, at last found a home and a country as 
all-pervading as the atmosphere around them; it was there 
that these principles and rights first entered into the practical 
operations of government; it was there that was established 
the first State in America where the people were governed by 
laws made by themselves ; it was there that was organized the 
first civil government in the history of the Christian world, 
which was administered under that glorious principle of 
American liberty — the independence of Church and State in 
their relations to each other; it was there, too, that freedom 
of conscience, in all of its breadth and fullness, was first 
proclaimed to men as their inherent and inviolable right, in 
tones which, sounding above the tempest of bigotry and per- 
secution, were to continue forever, from age to age, to 
gladden the world with the assurance of practical Christian 



68 COLONIAL MARYLAND 

charity, and ultimately find expression in the political systems 
of every civilized people. 1 

Such was the halo surrounding Maryland's early colonial 
metropolis, and yet, the present generation asks when and 
where it was ; such the renown of Maryland's first capital 
embodying in its history, the germ of so much of that which 
gave grandeur and glory, as well as inspiration and pride, to 
the later annals of the State, and yet, history has recorded its 
birth without a smile, and written its epitaph without a tear. 

In desolation and ruin, as it is, and though its hearth- 
stone is buried beneath the moss of so many years, it should 
be revered as a hallowed spot; sacred to the "proudest mem- 
ories" of Maryland ; endeared in the pride and in the affection 
of its sons and its daughters; the glory of every American 
patriot ; for it was the spot where first arose the radiant 
morning sun of our religious freedom; the spot where first 
broke and brightened into effulgent daylight, the early dawn 
of our civil liberty. 

1 Honorable Richard T. Merrick, Historical Address, 1884. 



CHAPTER IV 
Religious Toleration in Colonial Maryland 



ThT OR more than two centuries and a half, Maryland has en- 
joyed her unique position in the matter of early religious 
toleration. It is the keystone of the great archway in her history, 
as it was the key-note of her earliest code. Whether for re- 
ligious, prudential or commercial reasons, the fact remains — 
and it is one than which none other in Maryland history is 
more conclusively established — that religious toleration, and in 
a broad sense for that day, had practical existence in Maryland 
from the date of its settlement, and that it continued throughout 
the successive administrations of Cecilius and Charles Lord 
Baltimore, except when the Government was in the hands of 
Cromwell's Commissioners and the Puritan element from 1652 
to 1657; and, except also, when it was under jurisdiction 
of the English Crown after 1692. Injustice to none, and 
Christian toleration and charity to all, was a cardinal rule 
established by Cecilius, continued by Charles Lord Baltimore, 
and which those in authority under them rigorously enforced. 
As it has been well said, "there was no spot in Christen- 
dom, where religious belief was free, and when even the com- 
mons of England had openly declared against toleration, Bal- 
timore founded a community where no man was to be molested 
for his faith". That such was the clearly defined intention 
of the founder of Maryland is abundantly proven by the 
instruction which he sent out with the first colonists in 1634, 
which provided, in order "to preserve peace and unity" and 
avoid all occasion of offense, that "all Protestants be treated 
with as much mildness and favor as justice will permit, and 
that all Roman Catholics abstain from public discourse concern- 
ing matters of religion and perform all their religious acts as 
privately as circumstances would permit". It is also proven 



70 COLONIAL MARYLAND 

by his proclamation of 1638 for the suppression of all "disputes 
tending to the opening of a faction in religion. And by the 
rigid oath prescribed for the Governor providing for strict 
observance of Baltimore's policy of toleration. This is further 
confirmed by the well-known letter of Charles Lord Balti- 
more, of 1678, in which he says : "that his father had promised 
absolute religious freedom to the first adventurers ; that he had 
done what he could to make good that assurance, and that with- 
out it, it is doubtful if the colony could have been planted". 
The records also furnish numerous examples to demonstrate 
that these early instructions of Baltimore were zealously 
guarded and practically maintained by those whose duty it 
was to do so, and that religious liberty in early Maryland was 
not a fancy, but a condition — not a theory, but a fact — and 
was a fundamental principle underlying the Baltimore policy 
and the Maryland Government. This is proven by the pro- 
ceedings against Lieutenant William Lewis, a Roman Catho- 
lic, who, in 1638, on complaint that he would not allow his 
Protestant servants to read a certain book of sermons, and 
that he had spoken disrespectfully of the ministers of their 
Church, was arranged, convicted for violating the proclamation 
as to religion, fined, and placed under bond for his future 
good behavior. It is also proven by the case against Dr. 
Thomas Gerrard, also a Roman Catholic, who, in 1642, on com- 
plaint of the Protestants against him for interfering with their 
worship, was, upon conviction, fined 500 lbs. of tobacco ; 
not only that, but the order provided, that the fine should be 
given to the complainants for the support of the first Protestant 
minister that they could obtain. The case, too, against the Rev. 
Francis Fritz Herbert, is in point, who, while acquitted upon 
the charge, was promptly arraigned and tried for threat- 
ening ex-communication of a member from his Church, un- 
less he compelled his Protestant wife and children to attend 
the Roman Catholic Church with him. It is also established by 
the Protestant declaration of 1650, signed by Governor William 
Stone, whose churchmanship and veracity are not in doubt, and 
by a large number of the leading Protestants of the Province, 
in which it was distinctly stated "that according to an Act of 



RELIGIOUS TOLERATION 71 

Assembly here, and several other strict injunctions and decla- 
rations by his lordship for that purpose made and provided, we 
do here enjoy all fitting freedom and liberty in the exercise 
of our religion, and that none of us are in any way troubled or 
molested by reason thereof". 

The Protestants so understood the situation, and the 
Roman Catholics also fully understood and realized that it was 
Baltimore's settled determination to make Maryland the home 
of religious freedom ; and whatever special privileges the latter 
may have hoped for at first, it soon became apparent to them 
that the cardinal rule in Maryland was to be equal rights to 
all and special privileges to none. 

In addition to this, there is the famous Toleration Act, 
known as the Act concerning religion. Though religious tol- 
eration had existed in practice in Maryland, from its earliest 
settlement, it had never been made the subject of legislative 
enactment, and to the General Assembly of 1649, does this one 
of "the proudest memorials" of Maryland's colonial history be- 
long. 1 This Act has been the subject of much adverse criti- 

1 Much time and energy have been expended, both by Protestant 
and Roman Catholic historians, to ascertain the religious complexion 
of the General Assembly of 1649. While the Governor of the Prov- 
ince and three of the five members of the Council at that time were 
Protestants, it is not improbable that a majority of the Burgesses 
were Roman Catholics, but at the session of the Assembly the next 
year, when the Act concerning religion, as well as many other Acts 
of the previous session were re-considered before making them per- 
petual laws, the upper house, consisting of the Governor and Council, 
was composed of five Protestants and two Roman Catholics, and the 
lower house, consisting of the Burgesses, had eight Protestants and 
five Roman Catholics. 

The Act concerning religion, however, was not treated by the 
Assembly of 1649, or of 1650, as a denominational question, but it was 
wholly a governmental measure. It did not even have its origin in 
the General Assembly, but was one of sixteen laws, looking to the 
strengthening and development of the Maryland Government, which 
Cecilius Lord Baltimore prepared and transmitted to the Province, 
with the request that the Assembly pass them. Of these, the Assembly 
of 1649 passed seven, including the Act concerning religion, but owing 
to the lateness of the season, adjourned without passing the rest of 
them. The Assembly of 1650, after reviewing and considering the whole 
code as submitted by Baltimore, enacted a substitute for Act number 



72 COLONIAL MARYLAND 

cism, because of the very severe penalties which it provided, 
and because the language in which it was couched is not 
as comprehensive as that which might be employed in framing 
such an Act at this day. This, however, is a view of the sub- 
ject which is largely the result of an imperfect conception of 
the scope and purpose of the Act. Penalties at that time were 
not measured so much by the gravity of the offense, as by 
the facilities and ease for committing it. The penalty for petty 
larceny at one time was death because of this fact, a penalty 
which at this day would seem wholly unwarranted. The Long 
Parliament, as evidence of the spirit of the age, in May, 1648, 
passed its fearful ordinance against "heresies and blasphemies'" 
by which the death penalty was pronounced against all who 
denied the belief in God, the doctrine of the Trinity, the dogma 
of predestination, etc. The Toleration Act was passed with 
reference to the times and conditions as they existed two 
hundred and fifty years ago, and not to those of the present 
day, and when those conditions are considered, the objections 
which have been framed against it must largely fade away and 
disappear. The religious troubles of that time were between 
Protestants and Roman Catholics, and if peace and harmony 
could be made to prevail among them, the great problem was 
solved. However imperfect it may be adjudged from the 
standard of the twentieth century, it is a fact that it did most 
effectually meet the issues of that day, was abundantly compre- 
hensive for that purpose and marked a most material epoch in 
the history of civilization. It safeguarded what were then con- 
sidered the most sacred institutions of the Christian religion, 
the holiness of the Sabbath and the doctrine of the Trinity; 
it secured the fullest freedom of worship to all of its votaries, 

4 of those of the code passed at the previous session, and formally 
adopted the remaining nine of the sixteen laws so submitted. 

Nor can the genesis of the Act concerning religion be found in the 
fact that Cecilius Lord Baltimore was a Roman Catholic. It did not 
emanate from Calvert the devoted and consistent churchman, but from 
Calvert the sagacious and far-sighted statesman. 

Johnson, Foundation of Md., 149: Archives, Ass. Pro.. 1637-1664, 
240, 275, 77, 78, 79 and 80. 



RELIGIOUS TOLERATION 73 

and it went even a step in advance of the present time, by 
protecting the feelings of the people against the use of re- 
proachful terms in matters relating to their religion. The Act 
concerning religion was not confined, either by proper construc- 
tion or in its application, to those who believed in Christianity 
only, for by its express terms, in the third section of the Act, 
it protected all persons whatsoever, whether inhabitants of the 
Province or those only trading with it, from approbius epithets 
or reproachful terms in the matter of their religion, and the 
public records of the Province, it is believed, do not furnish a 
single instance in which it failed to protect those who saw 
fit to place themselves under its provisions. In fact, the oath 
of fidelity to his lordship, which had to be taken by every one 
in the Province, expressly reserved to the party taking it "his 
liberty of conscience in point of religion", and this was one 
of the sixteen laws sent over by Baltimore to be passed by the 
General Assembly along with the Act concerning religion. It 
is charged that it did not protect the Jew or the Unitarian. 
They were not a part of the Maryland population at that 
time, and hence not an issue, but when they came, they lived 
unmolested and in religious harmony with their neighbors. It 
has also been charged that it did not protect the Quakers, and 
who because of their religion were driven out of the Province, 
but this is not true. When driven out of Virginia, they 
sought admission in Maryland, and were granted it. They re- 
fused, however, to take the oath of submission, or to bind 
themselves in any way to the Maryland government, and for 
that reason, just as would be done under like conditions at 
the present day, they were ordered to leave the Province. This 
they did, but returning later, soon became a prominent element 
of the community. 

Maryland's position indeed, in the matter of religious tol- 
eration was a long stride in the march of religious freedom, and 
a most important factor in the advancement of civilization. 1 It 

^he history of Rhode Island, in the matter of religious tolera- 
tion, is a record, while broad in its terms was very limited in applica- 
tion, and the attitude of Roger Williams towards it is indeed unique, 
when considered in connection with the fact that he enjoys the dis- 



74 COLONIAL MARYLAND 

was an age of intolerance ; an age when bigotry was the bane 
of every religious sect; an age, as has been well said: "when 
those who had dwelt under oppression, instead of learning tol- 
erance by their experience, had but imbibed the spirit of their 
oppressors". In the old world, whether of the Church of 
England, the Kirk of Scotland, or the Vatican of Rome, the 
life of the dissenter and non-conformist was one of oppression 
and hardship. And in the new world conditions were no bet- 
ter. In the North and in the South, there was freedom of 
worship, but only for themselves and for those who would 
exercise it at the altar of their particular shrine. In Massachu- 
setts, the Puritan would not tolerate the Episcopalean, and in 
Virginia, Carolina and New York, the Episcopalean gave no 
quarter either to the Puritan or the Roman Catholic. Even in 

tinction of having been its founder and patron. In 1638, five years 
after religious toleration had been established in Maryland, appeared 
the first "compact" for the government of Providence, and without 
interference in the matter of religion. It was signed by Richard 
Scott, the brother-in-law of Ann Hutchinson, whose farcical trial 
and ruthless banishment from Massachusetts he had just witnessed, 
and by twelve others, who with Scott constituted a large part of the 
little colony of Providence. This "compact" consisting of seventy- 
three words only, in its original form, is pasted on the first page of the 
first volumn of the Providence Records. It was an agreement to sub- 
mit in obedience to all such orders as might be passed for the public 
good * * * but "only in civil things". It was the last four words 
that gave to the document a marked distinction and made it ring with 
clearness that religious liberty was the watchword of the hour. Roger 
Williams did not sign the "compact". He did not believe in a govern- 
ment "only in things civil", but in a state in which the church was su- 
preme, and in which all law was directed from a spiritual source. 
His book, George Fox Digged Out of the Burrowes, and his letters 
to the Endicotts and Winthropps, still preserved, show a degree of 
animosity and hatred to Quakers and heretics that would make the 
suggestion of religious toleration towards them a caricature and a trav- 
esty upon words. As to them, at least, his police regulation must be 
more potent and far reaching than that of a government "only in 
things civil". 

In 1643 the first Royal charter of Rhode Island was granted. 
It was obtained by Roger Williams, who went to England for that 
purpose. That charter did not contain a word as to religion or a word 
about the freedom of worship. Later, John Clark, one of the signers of 



RELIGIOUS TOLERATION 75 

Rhode Island, where a higher degree of freedom is supposed to 
have prevailed, the Roman Catholic and the Jew, were deprived 
of political privileges which were accorded to others. 

At such a time, and under such conditions, the fact that 
Maryland unfurled and planted upon her ramparts the banner 
of religious freedom for the first time in the new world must 
be accepted by the impartial historians as one of the crown- 
ing glories of the age, for it was significant of the introduction 

the "compact", was sent to England to obtain a new charter, and with 
which he returned in 1663. It fairly bristled with the spirit of religious 
toleration, a fact which seemed to stimulate the General Assembly of 
Rhode Island, of which Roger Williams was a member, to promptly 
pass an Act disfranchising Roman Catholics and all non-Christians. 
This statute continued in force until the American Revolution. There 
were apparently no Roman Catholics in Rhode Island to test the validity 
of this Act ; but some Jews undertook to do so in 1762, upon the ground 
that it was inconsistent with the charter of 1663. The Supreme Court of 
Rhode Island, however, decided that, while all persons living in that 
state were guaranteed by the charter protection in the matter of 
religion, it was perfectly competent for the Legislature to pass enact- 
ments which would, in effect, keep out of the state the votaries of any 
creed which the people of Rhode Island did not want among them. The 
record of the court reads : "The petition of Mess. Aaron Lopez and 
Isaac Elizar, persons professing the Jewish religion praying that they 
be naturalized * * By the charter granted to this colony, it 
appears that the free and quiet enjoyment of the Christian Religion 
and a desire of propagating the same were the principal views with which 
this colony was settled, and by a law made and passed in the year 
1663, no person who does not profess the Christian religion, can be 
admitted free into this colony. The Court therefore, unanimously dis- 
misses this petition as wholly inconsistent with the first principles on 
which this colony was founded, and a law of the same, now in force." 

A strange religious toleration indeed is that which denies civil 
liberty because of religious belief, and stranger still that we should 
be taught that Rhode Island was the nursery in which was reared the 
most sublime specimen of religious liberty which the world had ever 
seen, and that Roger Williams was the great apostle who nurtured it 
to maturity. 

Early records of Providence, vol. 1, p. 15-20; S. A. Peckam, Jr., 
American Hist, vol. 3, No. 2; Cobb, vol. 1, p. 4-38; Knowles, vol. 
3, p. 10; Justin Winsor Hist, of America, vol. 3, p. 379-80; Rhode Island 
Superior Court records, March Term, 1762. 



76 COLONIAL MARYLAND 

not only of a new era and a new element into the history of 
human civilization, but of a powerful movement in the progress 
of its fuller and higher developments. It was an act in advance 
of the times, and a new thought for the human mind. 

And thus it was, that, amid all the religious fermentations 
of the times and the persecutions of the age, in Maryland, upon 
a foundation wisely and securely laid, there rose up, in majestic 
grace and in matchless splendor, an altar to religious free- 
dom before which every man could worship his God, without 
fear and without favor, and in whatever creed he believed 
would best enable him to renew his peace with his Maker and 
his charity with the world. 

Authorities : Baltimore's Instructions, 1633, Md. Hist. Soc. and 
Makers of America, page 46; Archives Pro. Ct. 1638, p. 35; Ibid 38; 
Ibid Ass. Pro. 1642, p. 119; Ibid Pro. CI. 1648, p. 209; Ibid Ass. Pro. 
1649, p. 244; Bozman 2, p. 72; Day Star, 35 to 66. 



CHAPTER V 

Separation of Church and State in 
Colonial Maryland 



pOR more than a thousand years the whole of Christendom 
had been governed by a union of Church and State, with the 
result that, the Church grasping for more power and larger 
dominion, and the State frantically endeavoring to prevent 
further encroachments upon its authority, the world, from time 
to time, had been convulsed with their feuds and their turmoil. 
The evils of the system were distinctly felt, but how to avert 
or overcome them seems not to have been clearly understood 
and it fell to the destiny of Maryland to work out that abstruce 
problem in political economy. 

Cecilius Lord Baltimore, with keen discernment and far- 
sighted sagacity, knew that the blending of religion and poli- 
tics was degrading to the Church and detrimental to the State, 
and that it had been responsible for the great political up- 
heavals and religious fermentation which had characterized its 
existence from time immemorial. Maryland was to stand upon 
a higher and a more enlightened plane, and to that end in 
Maryland there must be a complete separation of Church and 
State. It was a prodigious undertaking, for it at once involved 
the positive assertion of the temporal powers over ecclesiastical 
persons and things, and that, too> in direct violation of the 
Papal Bull on that subject, but it meant also the absolute over- 
throw of the Canon law so far as Maryland was concerned. 
The Canon law was the law of the Church and the law under 
which the Church performed its functions in governmental 
affairs. It not only asserted exclusive jurisdiction over all 
ecclesiastical persons, property and things, but it had made 
such gradual, yet steady encroachment upon the civil law that 
it had drawn many of the most important departments of the 



78 COLONIAL MARYLAND 

latter within the circle of the ecclesiastical authority. It 
claimed, among other things, the exclusive right over all 
matters testamentary and in accordance with its own rules, as 
well as over all questions of marriage and divorce. It de- 
manded exemption, both as to ecclesiastical persons and prop- 
erty, from the civil authorities and the right of the Church 
to hold land without interference by the civil powers and free 
from all public charges. This was not consistent with Balti- 
more's broad policy as to Maryland. Equal rights to all, but 
special privileges to none, was a cardinal rule. The civil law 
alone was to prevail. It was to stand as the shield and pro- 
tector of all alike, a rule to which there was to be no excep- 
tions, either lay or ecclesiastical. The Canon law was not to 
find lodgment in Maryland, and to whatever extent it had done 
so, it must be displaced. In Maryland there could be no set- 
tlement of estates or questions of marriage and divorce deter- 
mined by ecclesiastical courts, or by Canon law rules ; no leg- 
islation by ecclesiastical bodies applicable to ecclesiastical per- 
sons and things ; no exemption of ecclesiastical persons or prop- 
erty from the temporal authority ; no holding of lands in mort- 
main and free from public charges by ecclesiastical persons or 
corporations, or by any one else for their use and benefit; no 
interference in any way whatsoever by ecclesiastical persons, as 
such, with secular and governmental administration. The 
Church and State must stand apart, each away from the other, 
and each occupy its appropriate position in ecclesiastical and in 
secular affairs. 

Maryland, as yet very young, had not had any of its func- 
tions of government administered by ecclesiastical persons or 
their tribunals, but the claim that the Canon law was to pre- 
vail in Maryland, because it was the law of the Church, had 
been distinctly made, and the Jesuits, who were the only ec- 
clesiastics in Maryland at that time, were already acquiring 
large tracts of land from the Indians and holding them for 
the "use of the society", without regard either for Baltimore or 
the rules of his land office. It was truly a momentous issue 
and a critical moment for the Proprietary, and one that, unless 



SEPARATION OF CHURCH AND STATE 79 

handled with consummate skill, would inevitably bring him at 
war with his Church, both at home and abroad. But with a 
grandeur of nature, strength of manhood and keen diplomacy, 
which marked Cecilius Lord Baltimore as one of the foremost 
men of his age, he fully measured up to the requirements of 
the hour. Discreetly, but firmly, he now proceeded to put into 
execution the plans which he had matured for his policy as to 
Maryland. He did not issue a proclamation on the subject, 
thus averting possible confusion and perhaps alarm. Nor did 
he attempt to cover the entire subject matter by one general 
ordinance. He selected and sent over to Maryland to carry out 
his policy, Mr. John Lewger, a brilliant scholar and a strong 
man. He arrived in Maryland in 1637, armed with a commis- 
sion as secretary of the Province. The same document also 
made him sole commissioner in all matters testamentary in 
Maryland for the proving of wills and the granting of adminis- 
tration. Mr. Lewger at once entered upon the duties of the 
office of testamentary commissioner. Thus did Baltimore clearly 
assert and establish jurisdiction of the temporal authority over 
all matters testamentary arising in the Province, ecclesiastical 
persons and property inclusive. He next procured, through 
Secretary Lewger, the passage of an Act of Assembly adopting 
the law of England as the law of Maryland, and by which laws 
the courts were to try all persons and causes, except where 
there was a law of the Province on the subject. Thus was 
the temporal power over all laws and judicial proceedings as- 
serted and secured, closing all further question as to the eccles- 
iastical law and ecclesiastical courts in Maryland. An Act re- 
lating to marriage and divorce was next passed, and by it, 
the whole subject and questions relating thereto, were brought 
directly within the control of the civil, rather than the ecclesias- 
tical authority. Baltimore now issued new conditions of plan- 
tation, by which he prohibited churches or any corporation, ec- 
clesiastical or temporal, from taking up lands in Maryland, 
or of holding them from any source whatever, for the use of 
any church, society or corporation, in all cases which were 
covered by the English statute of mortmain. Thus did he 
effectually put an end to the scheme of building up in Maryland 



80 COLONIAL MARYLAND 

of vast landed estates for the use of religious societies, and to- 
wards which the foundation had been so distinctly laid. He next 
demanded the surrender of all the lands which the Jesuits had 
obtained from the Indians, and which they were holding for 
the use of the society. This order, when complied with, would 
fully round out and complete his whole policy in the matter 
of Church and State in Maryland, and place it upon a founda- 
tion as enduring as he, Secretary Lewger and the Maryland 
Legislature could make it. No Canon law or Canon law court ; 
no exemptions of any kind whatsoever, either lay or ecclesi- 
astical as to persons or property and no estates to be held in 
mortmain. 

By this time the Maryland Mission was in a state of su- 
preme consternation and prepared to make the warmest re- 
sistance to what it deemed a burning outrage upon the "Di- 
vine rights of the Church." The first proposition was that 
Baltimore would enter into a secret treaty with the Maryland 
Mission, by which its members would publicly appear to be 
amenable to the new condition of things, but that in reality, 
they would not be. Failing, of course, in this, they disputed 
his title to the lands they had acquired from the Indians, alleg- 
ing that the Indian title was superior to that of the English 
Crown. They then referred all that transpired to Rome, with 
the request, that it be there decided, whether they were not en- 
titled to the Canon law in Maryland by Divine right ; whether 
they were not entitled to all the privileges and exemptions, both 
as to person and property, found in all Roman Catholic coun- 
tries ; whether all questions of marriage and divorce, were still 
not under Church control, and all matters testamentary also, and 
particularly whether a Roman Catholic executor would still not 
be entitled to pay out from the estate of the deceased, his spirit- 
ual obligations before paying his legal debts, and finally, whether 
the whole proceeding was not null and void, and would not the 
attempt of Baltimore to enforce it clearly subject him to the 
penalty of excommunication. Baltimore, however, was not 
resting on his oars. As soon as his policy had taken definite 
shape, he submitted the whole matter to Father Henry Moore, 
the provincial of England, who in turn laid it before the author- 



SEPARATION OF CHURCH AND STATE 81 

ities at Rome. It was promptly decided that there was nothing 
in the conditions of plantation which would in any way render 
Baltimore liable to the censure of ex-communication. It was 
also held, that Baltimore was entitled to have all the lands 
surrendered to him which the society had obtained from the 
Indians, or from any other source, for the use of the Church, 
and as the provincial of the Society of Jesus in England, he 
executed to Cecilius Lord Baltimore, a deed conveying the 
estate of Mattapany, the manors of the Immaculate Concep- 
tion and Saint Gregory, as well as any and all other lands in 
Maryland, which the society had obtained from the Indians 
and from all other sources for the use of the society. There 
was also a renunciation of all claims to exemptions from the 
operations of the civil law, and an acknowledgment of the 
power of -the temporal authorities to have exclusive jurisdic- 
tion over matters testamentary and matrimonial. Beyond this 
the records do not disclose how the Canon law question and 
that of temporal or ecclesiastical supremacy, were settled, but 
it all seems to have been suddenly abandoned and nothing more 
is heard of it. 1 

1 Cecilius Lord Baltimore, while a Roman Catholic, and one whose 
churchmanship is not in question, entertained a great dislike to the 
Jesuits. He did not trust them. "I am satisfied", he wrote Governor 
Leonard Calvert "that they do design my destruction, and I have too 
good cause to suspect that, if they cannot make or maintain a party 
by degrees among the English to bring their ends about they will en- 
deavor to do it by the Indians, by arming them against all those that 
shall oppose them, and all under pretense of God's honor and the 
propagation of the Christian faith, which shall be the mask and vizor 
to hide their other designs withal". He informs Governor Calvert that 
another of them "hath by a schleight got aboard" and had started for 
Maryland. He wants him intercepted and sent back at once, but should 
he "escape your hands", then "do not fail to send Mr. Copley away from 
thence by the next shipping". Thomas Copley, the leader of the Mary- 
land Mission, had been a troublesome factor and a disturbing element 
in the community, and to have the two in the Province at the same 
time, was more than he deemed it wise to permit. Baltimore did 
not designate them as Jesuits, but contemptuously refers to them as 
"those of the hill of St. Inigoe's", that being the name of the place at 
which the order was founded by Inigoes Lopez, Saint Ignatius. He 



82 COLONIAL MARYLAND 

Thus it was that this important corner stone to the state- 
hood of Maryland, was securely laid, and thus was organized 
the first civil government in the history of the Christian 
world which was established upon the distinctive basis of 
independence of Church and State in their relations to each 
other. This great principle, however, was .slow in taking root 
elsewhere, owing to the opposition of the Church, and of what- 
ever church happened to be the established church of the land. 
But it came. Its voice was heard again when Maryland framed 
her bill of rights ; it flashed anew when the time came to formu- 
late the Federal Constitution, and its echoes have been heard 
again and again, when, from time to time, within the last two 
hundred years, the glad tidings of advancing humanity, have 
been wafted to us from lands beyond the sea, until today, the 
adoption of that great principle of true statehood to which 
Maryland gave birth and nurtured to maturity, is almost co- 
extensive with civilization itself. 

orders the Governor under no conditions to allow them to take up any 
more land in Maryland. In 1641, Baltimore asked that a Prefect and 
Secular Priest authority be granted for Maryland. This was done, 
and permission was given Baltimore to remove the Jesuits. Don Ros- 
setti, Arch Bishop of Farus, was designated to take charge of Maryland. 
He did not, however, come and the Jesuits were not removed. Johnson 
Foundation of Maryland 64; Calvert Papers No. 1-216. 

References : Johnson, Foundation of Maryland, p. 58; Maryland 
Historical Society, F. P. number 18, P. 56-63; Archives, Pro. CI. p. 58; 
Archives, Ass. Pro. p. 82-97; Stoneyhurst Mss. Anglia No. 108-A, 
vol. 4; Calvert papers, vol. 1, p. 157-166, Md. His. Soc. F. P. number 
9, p. 249; Stoneyhurst Mss. Anglia, vol. 4, p. 108. 



CHAPTER VI 
The Land Tenure of Colonial Maryland 



P Y the Maryland Charter, the Baron of Baltimore was 
made the "true and absolute Lord and Proprietary" of 
Maryland, and invested with all the "rights, prerogatives 
and immunities" that had ever been enjoyed by the Bishop 
of the County Palatine of Durham — than which, no higher 
grant was ever made to an English subject. 

Of the Counties Palatine (so called, because in a Palatio, 
the owner was the supreme power, as fully as was the King 
in his palace), Durham, was the only one in England at that 
time, which was held by a subject, and hence, the one named 
in the Charter. 1 

As the "ruler of the Province and the owner of its soil", 
Baltimore was also expressly authorized and empowered to 
dispose of the whole or any part of the premises, or of any 
estate or interest in its lands, for such time, and on such terms 
as to him might seem most expedient. The Charter also 
invested him with the right to introduce in Maryland, the 

1 Kilty, Landholder's Assistant, p. 12. 

But the juro regatio, which attached to the person of the King, 
did not attach to Lord Baltimore. He did not have the incidental pre- 
rogatives of the King, and only such of the direct ones as were ex- 
pressly granted by the Charter. — 2 H. & J. Maryland Reports, p. 250. 

The Proprietor had even more power than any Bishop of Durham 
ever had. Within the Province of Maryland, the Proprietor had legal 
power. It was his justice that was administered in the courts, and all 
writs and warrants were issued in his name. These courts were ap- 
pointed by him, and he determined their jurisdiction and manner of 
proceeding. In them he had the laws executed, and passed sentences 
amounting even to confiscation and death. He likewise had the royal 
power of pardon, and had admiralty jurisdiction. The Proprietor 
could erect towns, boroughs, cities, and ports of entry and departure. 



84 COLONIAL MARYLAND 

feudal system, which had then been practically broken up 
in England, and further provided that the statute of "Quia 

From the Proprietor all land was held. He received all escheats 
and fines for alienations, and had sovereign title to all mines, wastes, 
forests, and chases. He could erect manors with court leet and court 
baron. The Proprietor could raise troops and levy defensive warfare, 
even pursuing enemies without the limits of the Province. He could 
impose duties upon ships and merchandise. He could establish churches 
and chapels, and have them consecrated according to the ecclesiastical 
laws of England. He held their patronage and advowsons. Only 
through the Proprietor could the King do anything in the Province. 
All these powers belonged to the Palatine of Durham, and all except 
the ecclesiastical were exercised by the Proprietor of Maryland. 

In the matter of legislation there is a difference. There was no pro- 
vision in Durham for the assembling of the people to make laws. If 
the Palatine wanted any new laws, they were passed by his Council, 
which was composed of the chief men of the county. The Proprietor, 
however, had the right to call assemblies of the freemen and enact laws 
with their assent. But the colonists insisted on their right to propose 
and enact laws with the assent of the Proprietor. This right was ob- 
tained. The Proprietor retained his right to initiate some legislation 
but not all. Maryland laws, like those of Durham, were published in 
the courts. The Proprietor was not obliged to submit these laws to 
the Crown for approval. In addition, the Proprietor could publish ordi- 
nances not extending to life, member, or property. This has been aptly 
designated as a police power. Again, the Proprietor possessed an ad- 
vantage over the Bishop of Durham, in that cases between the Bishop 
and his subjects could be appealed to the Court of Exchequer in Lon- 
don, whereas cases between the Proprietor and his subjects were finally 
settled in the Proprietor's courts, from which there was no appeal to the 
King. Parliament levied taxes on the Bishop of Durham, and these 
were collected by his officers, as taxes were collected in Maryland by 
the Proprietor's officers, but Parliament had no power to tax the Pro- 
prietor of Maryland, and the Charter exempted him from royal taxation. 
The administrative machinery of the Proprietary Government bears 
some likeness to that of the Durham Palatinate. The Governor of 
Maryland was its administrative head. He had the highest judicial 
jurisdiction, and presided over the Court of Chancery. Thus he resem- 
bled the Chancellor of Temporalities of the Bishopric of Durham. In 
both governments are seen the Receiver General. In both the Sheriff 
was the executive officer of the Palatine, collected the revenue, and was 
responsible to the Palatine alone. The Seneschal of Durham bore some 
resemblance to the Surveyor General of Maryland, and Bailiff to the 



THE LAND TENURE 85 

Emptoris", 1 intended to prevent subinfeudation, and which 
had, in effect, abolished the manorial system in England, 
should be dispensed with, and conferred upon him the privi- 
lege of erecting manors in Maryland, with all the manorial 
rights which had been incident to such estates in England — 
thus making the Baron of Baltimore the sole tenant of the 
crown, and at the same time securing to him, as the exclusive 
landlord of the Province, all escheats, fines, and forfeitures. 2 
The Maryland grant was to be held by Baltimore of the 
"Kings of England, * * in free and common socage, by fealty 
only for all services/' and subject to the annual render of "two 
Indian arrows from those parts", to be delivered at Windsor 
Castle on Tuesday of Easter week in every year, and also, 
the fifth part of all the gold and silver found within the 
Province. 3 

Constable. The Bishop's Council had its counterpart in the Proprietor's 
Council, which, while it had less legislative, had more judicial power, 
and also retained great influence in legislation. 

The division of the Courts into County Courts and Halmote Courts, 
was followed in the powers given to the Provincial, Chancery, Admi- 
ralty and Council, and to the County Courts. While allegiance to the 
King was reserved, the oath of fidelity was taken to the Proprietor, and 
all writs ran "in the year of our dominion." In the period now to be 
considered, it will be seen that the Proprietor had vastly more power in 
Maryland than the King had in England, and freely exercised his 
power. In no other American colony was there such despotic authority. 
In none was such absolute government ever established as existed in 
Maryland in this period. — Causes of The Maryland Revolution of 
1689, pp. 27-29, Sparks. 

1 The statute "Quia Emptoris," enacted in the reign of Edward I, 
directed that in all sales or feoffments of land, the purchaser of the land 
should not hold of his immediate feoffer, but of the chief lord of the 
fee. The aim of the statute was to strengthen the hands of the King, 
and to prevent the intermediate lords from subinfeudating their lands. 
This great land law, marking an epoch in the constitutional history of 
England, enacted in 1290, was virtually set aside by Charles I, after an 
interval of three and a-half centuries, and the privilege denied the great 
feudal barons of England was bestowed in all its fullness upon the 
young Irish peer. — Local Institutions of Maryland, p. 13, Wilhelm. 

2 The Charter; Kilty, p. 28; Ground Rents in Maryland, pp. 11-13. 

3 Maryland Charter. 



86 COLONIAL MARYLAND 

By a species of tenure similar to that under which he 
held the Province, Baltimore granted land to the Maryland 
Colonists. The fact that his lands would be unproductive 
unless they were occupied, prompted him at once to adopt 
and publish a general land system. It proved a good one, 
not only as a means of producing a constantly increasing 
revenue to himself, but in its results upon the economic 
welfare of the community and the material development of 
the Province. 1 

To encourage persons to come and bring their dependents 
and servants with them, his lands were offered on the most 
generous terms. These, it is true, were less liberal at a later 
period than at first, but they were always sufficiently so to 
stimulate the growth of the Colony, and at the same time, 
afford a source of lucrative revenue to the Proprietary. The 
conditions upon which land could be obtained, and the terms 
and character of the grant, were fully set forth in proclama- 
tions, or "Conditions of Plantation", as they were called, 
issued by the Proprietary from time to time. 

Under the first "Conditions of Plantation", every free- 
man who came to Maryland to "inhabit and plant" was 
entitled, without cost or charge, except the annual quit rent, 
to one hundred acres of land for himself, a like quantity for 
his wife, every child over sixteen, and each servant, and fifty 
acres for every child under sixteen years of age, to be held 

1 The area of Maryland is 6,000,000 acres, exclusive of its water 
area, which is about 1,000,000 acres. The territory within its charter 
limits comprised about 10,000,000 acres of land, embracing, in addition 
to its present domain, the entire State of Delaware, that part of Pennsyl- 
vania lying south of the parallel of Philadelphia, extending to the most 
westerly ridge of the Alleghanies, a part of the Eastern Shore of Vir- 
ginia, and that part of West Virginia lying between the North and 
South Branches of the Potomac — McMahon, pp. 18-59 ; Brown, pp. 134- 
137; Local Institutions of Maryland, pp. 8-9. While not within the 
scope of this treatise to deal with the methods by which Maryland was 
robbed of her territory, it should be noted in passing, that they furnish 
a disgraceful commentary upon the times, reflecting alike upon the 
English Crown and the beneficiaries of the spoils. 



THE LAND TENURE 87 

by "him and his heirs and assigns forever", in free and 
common socage" of Baltimore as the Lord Proprietary. 1 

In 1641, the amount of land given, was reduced to fifty 
acres for every adult, and twenty-five acres for every child. 2 

If those transported exceeded a certain number, he was 
entitled for their transportation, not only what they could 
each separately have claimed, had they come at their own 
expense, but to an additional quantity, proportioned to the 
number, age, and sex of such persons transported, the largest 
premiums being paid for males between sixteen and fifty, and 
females between fourteen and forty, years of age — thus induc- 
ing small but vigorous settlements in the Province, which 
would become the industrial centres of their respective locali- 
ties. 3 It also depended upon the time of immigration. At 
first 2000 acres were given for the transportation of five men, 
but, in 1636, the number was increased to ten, and, in 1641, 
to twenty able men and women, between the ages above 
mentioned. 4 A further consideration imposed by the last 
mentioned proclamation, was that each of said twenty-persons, 
as a means of giving additional military defense, should come 
provided with the following arms and ammlunition: "one 
musket or bastard musket ; 10 lbs. of powder ; 40 lbs. of lead, 
bullets, pistol and goose shot, each sort some ; one sword and 
belt, and one brandeleer and flask". 6 Special grants of larger 
size were sometimes made from personal considerations, or on 
account of public or private services rendered. 

In 1683, however, Baltimore, deeming these inducements 
no longer necessary to insure the success and prosperity of the 
colony, abolished them, and adopted a new "land system", 
under which no premiums were offered for the transportation 

x The grants, it appears, were intended to be for an indefeasable 
estate of inheritance in fee simple. — Kilty, p. 32. 

2 Kilty, pp. 29-31 ; Relation, 1635; Archives (CI. Pro. 1636 and 1641) 
pp. 47 and 99. 

3 Local Institutions of Maryland, p. 15. 

* Kilty, pp. 29-31; Archives (CI. Pro. 1636 and 1641) pp. 47 and 49. 
6 Ibid. 



88 COLONIAL MARYLAND 

of person, and those desiring to obtain land had to pay, in 
addition to the annual quit-rent, a definite amount of purchase 
money. This was called "caution money", because it had 
to be paid before the warrant could issue. 1 At first, the 
amount charged was only 50 lbs. of casked tobacco for every 
fifty acres, if along the seaboard, or 100 lbs. if in the interior, 2 
Subsequently it was increased to 40 shillings per one hundred 
acres, and, in 1738, to £5 sterling, on which basis it continued 
until the American Revolution. 3 

Under the first proclamation the right to take up land, 
was without restriction as to nationality, but by the one of 
1636, it was expressly limited to persons of "British and Irish 
descent", 1 except that grants could be made, after 1648, 
to persons of "French, Dutch, and Italian descent", in the 
discretion of the Governor 5 — a limitation which was not 
removed until 1683, when, for the first time, the lands of 
Maryland were open to all persons "living in or trading 
within the Province", who choose to purchase them. 6 

This right, however, did not extend to corporations, 
religious or temporal, which, indeed, as early as 1641, were 
prohibited from acquiring or holding land in Maryland in any 
manner whatsoever, or enjoying any of the uses in them 
which were forbidden by the "Statutes of Mortmain prior to 
Henry VIII", without special license under the hand and 
seal of the Lord Proprietary. 

In no other State did the statutes of Mortmain take root, 
but the early act of Baltimore in introducing them in Mary- 
land, made a lasting impression. His order, as applicable to 
ecclesiastical bodies, was substantially incorporated in the 
Maryland Bill of Rights, and it is the law of Maryland to-day, 
that lands cannot be given, sold, or devised to religious 

1 Kilty, p. 124. a Archives (CI. Pro. 1683) p. 142. 

8 Ground Rents in Maryland, p. 19. 

4 But this included, natives of Scotland, the union having previously 
taken place, and also natives of Wales, who were British by a still older 
title. 

^Archives (CI. Pro.' 1636, 1641, 1648) pp. 48. 99, 222. 

McMahon, p. 173. 



THE LAND TENURE 89 

bodies, or for religious uses, except to the extent of two and 
a-half acres for church and church yard, without sanction of 
the General Assembly. 1 

At first, the grant was obtained by filing an application 
with the Secretary of the Province. If the claim was duly 
substantiated by proof of the date of immigration, etc., a 
certificate to that effect was issued and addressed to the 
Governor, who, on application of the holder thereof, issued a 
warrant to the Surveyor General, commanding him to "survey 
and lay out" the land therein specified. On the execution 
of this warrant, and on the application of the holder, a patent 
was issued, signed by the Governor and attested by the 
Secretary and Surveyor General of the Province. 2 

There being no time at first fixed for the surrender, and 
the certificates and warrants being assignable before the 
patent was issued on them, owing to the scarcity of coin, and 
the inconvenience of tobacco as a currency, they were fre- 
quently transferred and passed about as so much money. 3 

But, in 1643, it appearing that many persons had long 
since obtained certificates and warrants for land for which no 
patent had been issued, (thus depriving the Proprietary of 
his "quit rents", which did not commence until after the 
date of the patent), a proclamation was issued, requiring the 
holder to surrender them and take out grants for the same 
within twelve months from that date, under "pain of being 
refused the grant after said time", 4 which largely did away 
with their value as a circulating medium. 

While it would seem that the Proprietary intended from 
the outset, that all land grants should be under the great seal 
of the Province, for many years they were issued under the 
hand and seal of the Governor alone, and it was not until 
1644, when the duty of authenticating patents devolved upon 
the Chancellor of the Province, that the great seal was 

1 Maryland Bill of Rights ; Maryland Constitution, Article xxxviii. 

2 Kilty, pp. 64, 65; Local Institutions in Maryland, p. 27. 

3 Kilty, p. 77- 

4 1st Council Book, p. 98; Kilty, p. 35. 



9 o COLONIAL MARYLAND 

attached. 1 In 1680, the "Land Office", under the super- 
vision, at first of a "Register", but later of a "Land 
Council", and still later of a "Judge of the Land Office", 
was established, and it became the place where all proceedings 
relating to the sale and granting of land were subsequently 
conducted. 2 

The Lord Proprietary, by the express terms of the Char- 
ter, held his lands of the Crown, in "free and common socage, 
by fealty only for all services", and his grantees held of him 
by the same tenure. 3 

Tenure is the "stipulated condition under which real 
property is held" and socage tenure was that class of them in 
which the conditions were honorable in respect to quality and 
certain in respect to quantity and the time of exacting them, 
as distinguished from other species of tenures, which were 
base and servile as to character of conditions, and precarious 

1 Bland, Maryland Reports, 1, p. 308. 3 Ibid. 

The first "Surveyor General" of Maryland, was John Langford, 
and his commission, dated March 24, 1641, furnishes the only instance 
on record of an office held for life. The first Register of the Land Office 
was John Llewellin, who had been Chief Clerk to the Secretary of the 
Province and was hence familiar with its land affairs. The first "Land 
Council," appointed 1684, consisted of Major Nicholas Sewall, Colonel 
Henry Darnall, Colonel Edward Digges a~d Mr. John Darnall. The 
first Judge of the Land Office appointed 1715, was Mr. Philomea Lloyd, 
then Deputy Secretary of the Province. He was succeeded in turn by 
Edmond Jennings, 1732; Levin Gale, 1738; Phillip Thomas, 1743; (the 
last sole Judge) Benjamine Tasker and Benjamine Young, 1746; Bene- 
dict Calvert and George Steward, 1755; who continued until the Revo- 
lution. — Kilty, pp. 64, in, 270. 

3 The estates held by the settlers were called freeholds in Acts of 
Assembly and elsewhere, but they were not freeholds of the present day. 
Being subject to the annual quit rent, they were estates in trust, rather 
than allodial estates, and were feudal in form, if not in essence. The 
holdings being assignable and transmissable, formed an actual estate 
of inheritance. 

Restrictions, however, could be placed by lords of manors upon 
their under tenants, and there is no evidence that a manor could be 
sub-divided into smaller manors by the tenants. But it was quite common 
for the lords of manors to subinfeudate parts of their estate. This 
privilege was granted by the conditions of 1649. They were empowered 



THE LAND TENURE 91 

and uncertain as to quantity and time. 1 At the date of the 
Maryland Charter, this was the most popular of all the 
English tenures, and the "free, certain, and pacific services" 
incident to it, gave it advantages, as applicable to Maryland, 
in encouraging immigration and promoting industry, which 
none other possessed. 2 

It was a remnant of feudal tenure, and to maintain its 
character as such, the Proprietary grants were so framed as to 
require the land to be held as of one of his manors, named in 
the patent, the grant to him being held of the Castle of 
Windsor. 3 

The condition and services attached to the grants, were 
also of a feudal nature, and while many of the feudal incidents 
of socage tenure in England appear never to have prevailed in 
Maryland, those of fealty, rent, escheat, relief, and fines for 
alienation and devises were exacted. 

Fealty — allegiance or fidelity to the Lord Proprietary — 
was an inseparable incident of every grant, and all persons 
holding land in the Province, were required to take either the 
"oath of fidelity" or "subscribe the engagement" (a substi- 
tute for the oath) before the patent was issued. And this 
could be demanded more than once, under penalty of being 
"proceeded against as rebels and traitors", and seizure and 
forfeiture of the lands.* 

Escheats, as they existed in early Maryland, may be 
defined to be, the reversion to the Proprietary, of the land 
granted, upon the conviction of the tenant of crime, or upon 
his death without heirs — the land being taken in lieu of the 
feudal services, which there was no one to perform. They 
still exist, but upon a wholly different principle — that of 
property without an owner, and which reverts to the State, to 

to grant any portion of their manor, save the demesnes to any English 
subject, either in fee simple or fee tail for life, lives, or years, and under 
such rents not prejudicial to his lordship's royal jurisdiction. — Local 
Institutions of Maryland. 

1 Kilty, p. 24 ; McMahon, p. 168. 2 Ibid. 

3 Ground Rents in Maryland ; Kilty, p. 24. 

4 H. & McH. Maryland Reports, 3 ; Bozman, p. 403. 



92 COLONIAL MARYLAND 

be held for the benefit of all of its citizens. For many years 
it was deemed necessary here, as in England, to establish the 
fact of the escheat by the inquisition of a jury, before the 
lands could be again disposed of by the Proprietary, and for 
that purpose an "Escheator" was appointed. But in the 
interval between 1692 and 171 5, when the government of the 
Province was in the hands of the Crown, although the Proprie- 
tary's right to the soil was admitted, it was found impracti- 
cable to have the "inquest of office" executed, and grants 
for escheated lands came to be made without it, a practice 
which continued after the government was restored to the 
Proprietary, and the one which has been followed ever since. 1 

Fines were the charges imposed upon the tenant for the 
privilege of selling or devising the land. Under the socage 
tenure, the tenant could not pass his title to another without 
the consent of the landlord, who, for the trouble and incon- 
venience of accepting a new tenant, was entitled to compen- 
sation. In Maryland this consisted of one year's rent, 
equal in amount to the quit-rent reserved on the land 
disposed of, and it had to be paid before the sale or the 
devise became effective or capable of passing the title. 2 This 
badge of feudalism was abolished in England as early as 1660, 
but remained in force in Maryland until 1780, except fines 
for devises which were suspended by order of the Proprietary, 
in 1742. 3 

Relief, as applicable to Maryland, bore close analogy to 
fines, it being the sum exacted upon the tenant dying 
intestate, and the land passing to the heir at law. It, too, 
was equal in amount to one year's rent, and had to be paid 
before the title could vest in the heir, after which the estate 
was "relieved" from the lapsed state into which, by theory of 
the feudal law, it had fallen. 4 This, like fines for devises, 



1 10th G. & J. Maryland Reports, p. 451; 1st Bland, Ibid, p. 307; 
1st Gill, Ibid, p. 506. 

2 Ground Rents in Maryland, p. 31. 3 McMahon, p. 175. 

4 Ground Rents in Maryland, 23 and 24. 



THE LAND TENURE 93 

was considered by the inhabitants of the Province a great 
hardship, and, in 1742, it was abolished. 1 

Rent, as an acknowledgment of the tenancy, as well as 
for the revenue, was always reserved in the grants of Mary- 
land lands. These rents were called "quit rents", because 
being a fixed sum reserved in lieu of the indefinite feudal 
services due the lord of the fee, the tenant was "quit" and 
discharged from the performance of such services. 2 They 
were payable annually, and were perpetual in point of dura- 
tion and irredeemable. 3 The amount depended upon the 
date of the grant, or rather the date of the "Condition of 
Plantation" under which it was issued. In the earlier grants 
it was only iolbs. of wheat per annum for every 50 acres. 
This was soon increased to I5ibs., then to one shilling, and, 
in 1648, it was raised to 3 shillings, 4 after the first seven years 
of the lease and to 20 shillings after the next 14 years on which 
basis it continued until the Revolution. After 1648, manorial 
lands were subject to 40 shillings for every 2000 acres, for the 
first seven years ; 40 bushels of wheat, or £6 sterling, for each 
of the succeeding fourteen years, after which to the twentieth 
part of the annual yield of the land, of £10 sterling. 5 In a 
few special cases, however, grants were made, by order of the 
Proprietary, for a mere nominal consideration, exacting as a 
token of fealty only, for the whole tract granted, the annual 
render of a capon, a pair of pullets, an Indian arrow, or a 
bushel of corn." 

Owing to the scarcity of money in the Province, quit 
rents were, in 1671, commuted to payments in tobacco, at the 
rate of two pence per pound, a duty of two shillings (half for 

1 Proclamation of Governor Bladen, October 20, 1742. 
2 1st Bland, Maryland Reports, pp. 43, 96; Ground Rents in Mary- 
land, p. 15. 

3 See interesting and valuable criticism of Mr. Lewis Mayer 
("Ground Rents in Maryland," 15 and 16) as to whether Maryland quit 
rents were "rent charges" or "rent service." 

4 Archives (CI. Pro. 1636, 1641, 1648) pp. 47, 99, 221. 

6 Ibid, 1648, p. 223. "Kilty. 



94 COLONIAL MARYLAND 

the Proprietary personally, and half for the defense of the 
Province) being imposed on all exported tobacco, in consider- 
ation of an agreement on his part to receive his rents and fines 
in that commodity. 1 This continued until 17 17, when an 
Act was passed giving to the Proprietary, for his exclusive 
use, a duty of two shillings sterling on every hogshead, and 
four pence sterling per hundred on every box of tobacco 
exported from the Province, in full discharge of his rents and 
fines. 2 But this Act expired in 1733, and they again became 
payable either in money, or in the commodities of the country, 
as the patent prescribed. 8 

The "Maryland quit rents" were, from an early period, 
a source of trouble to the people of the Province, and a 
constant subject of their complaint, not because of the amount 
involved, but the inconvenience and difficulties attending the 
payment of them. This was particularly the case after the 
system of allowing payment in tobacco, and the subsequent 
provision for payment by an export duty, expired. Repeated 
efforts were made to get these systems renewed, or to obtain 
some other which would afford an easy mode of payment. In 
1744, the Assembly offered to increase the former export duty 
on tobacco to two shillings and six pence sterling, if the pro- 
prietary would accept it in lieu of his rents, but the proposi- 
tion was declined. The following year an effort was made to 
purchase them, the Legislature offering to pay the Proprie- 
tary, in consideration of his rents and fines, five thousand 
pounds sterling annually, but this likewise failed, and they 
continued to be collected, according to the requisition of the 
patents, until the American Revolution, 4 when, the Proprie- 
tary being a British subject, his rents and other landed rights 
in Maryland, were seized and confiscated by the State, which, 
declaring quit rents to be "incompatible with absolute sover- 
eignty", promptly abolished them, and forever "exonerated 
and discharged" the citizens of the State from the further 
payment of them. Constructively, fines were also abolished, 

1 Act, 1671, C. 11; McMahon, p. 178. 

2 Act, 1717, C. 7- 3 McMahon, p. 170. 

4 McMahon, p. 170. 



THE LAND TENURE 95 

so that by this Act, the people of Maryland were relieved of 
two features of their land tenure, which they had so long 
regarded a source of public grievance. 1 

The quit rent, though not in all respects analogous, was 
the origin and foundation of the present ground rent system 
in Maryland. It was a small rent when considered individ- 
ually, but collectively, it was a large source of revenue to the 
Proprietary, estimated, in 1770, to amount to £8,4.00 sterling, 2 
and, at the time of the Revolution, his rents and other reve- 
nues from land were estimated at £30,000 sterling annually. 3 

In 1780, the General Assembly passed an Act which 
provided, "that all property within this State (debts only 
excepted) belonging to British subjects shall be seized, and is 
hereby confiscated to the use of the State", and at the same 
time, William Paca, Uriah Forest, and Clement Hollyday, 
were appointed commissioners to preserve said lands. 4 

It was subsequently contended that this Act was ineffec- 
tive, inasmuch as it provided for confiscation without formal 
entry and seizin. But the Supreme Court of the United 
States held, that under the Act no seizure was necessary, and 
that "the commissioners were, by operation of law, in full 
and actual seizure and possession of the property, though no 
entry or other act had been made or done", and also, that 
the law, itself constituting the actual confiscation and seizure, 
embraced all land in the State held by British subjects, even 
though it was not discovered until after the treaty of peace, 
1783, which declared that no more confiscations should be 
made." 

Henry Harford, to whom the Province was devised by 
Frederick, the last Lord Baltimore, estimated the loss of his 
lands, rents, and fines in Maryland, through the "Confisca- 

"Act, 1780, C. 18. 
The abolition of the Proprietary "quit-rents" did not of course 
interfere with rents issuing from long leases, known as "ground rents" 
and owned by private individuals. 

2 McMahon, p. 172. 3 Scharf, 2, p. 374. 

4 Act' 1780, C. 45, 49- 

5 6 Cranch, United States Supreme Court Reports, p. 286. 



96 COLONIAL MARYLAND 

tion Act", at £447,000 sterling, and filed a claim against the 
British Government for that amount. He was only allowed 
£90,000, of which £20,000 went to Louisa, the wife of John 
Browning, and Caroline, the wife of Sir Robert Eden — the 
devise to Harford being subject to a charge of £10,000 to 
each of the said sisters of Frederick, Lord Baltimore. 1 

In 1783, Harford applied to the Legislature of Maryland 
to compensate him for the loss of his "quit rents", alleging 
that they were not within the "Confiscation Act", but the 
Assembly determined that they were "subject to all the rules 
and consequences of real estate", and refused either to pay 
for or restore them, declaring at the same time that the people 
of Maryland should not occupy "the degraded condition of 
tenants to a superior lord, a foreigner, and a British sub- 
ject". 2 A similar effort was made as late as 182 1, by Charles 
Browning, son and heir of Louisa Browning, with like result, 
and five years later, it was attempted to establish the right to 
them through the Supreme Court of the United States, upon 
the ground that the Proprietorship of Maryland belonged to 
Louisa Browning on the death of her brother, Frederick, 
without lawful issue. 3 This interesting question, however, 
was ignored by the Court, which decided that whatever rights 
Louisa Browning may have had in the premises, they had 
been extinguished (for the purposes of that case) by an 
agreement made in England between all the parties in inter- 

1 Scharf, 2, p. 394. 2 Ground Rents in Maryland, p. 37. 

3 Charles Lord Baltimore, died in 1751, having devised the Province 
of Maryland to his son Frederick and his assigns, for life ; remainder to 
the sons of said Frederick, lawfully begotten, successively in tail male ; 
remainder to the daughters of said Frederick; in default of such issue, 
then to his oldest daughter, Louisa (wife of John Browning), in fee, 
subject to a charge of £20,000 sterling in favor of his daughter, Caro- 
line (wife of Governor Robert Eden). Frederick Lord Baltimore, died 
in 1772, without lawful issue, having devised the Province to his illegiti- 
mate son, Henry Harford and his heirs male, lawfully begotten, and in 
default, to the heirs male of his illegitimate daughter, Frances Mary 
Harford, subject to a charge of £20,000 sterling for his two sisters, 
Louisa Browning and Caroline Eden. In 1761, and again in 1767, 
Frederick Lord Baltimore attempted to dock the entailment of Maryland 



THE LAND TENURE 9 7 

est, that, for certain considerations, the devise of the Province 
to Henry Harford should be allowed to stand. 1 

The last public use and official notice made of the old 
"Rent Rolls" 2 and "Debt Books", in which were kept the 
rents and fines due by each individual, and the land on which 
it accrued, was in 1777. That year, land in Maryland, for 
the first time, was made the subject of direct taxation. The 
Act under which this was done — one of the earliest passed by 
the first General Assembly of the Republic — provided that 
from "them" should be made "complete lists of the names 
and quantity of acres of every tract of land, and to whom the 

made by his father's will. Query — Could 'the Province itself be en- 
tailed ? If it could, was it practicable to dock the entailment by a com- 
mon recovery suffered by the Proprietary, in person or by attorney, in 
one of his own courts in Maryland? By the will of Frederick, Lord 
Baltimore, £1500 sterling were bequeathed to Peter Prevost, and a like 
sum to Robert Morris, an^d made chargeable upon Maryland. Peter 
Prevost married Hester .Wheland, the mother of Henry and Frances 
Wheland, alias Harford, and Robert Morris married Frances Harford. 
—2d H. & McH. Maryland Reports, p. 277; Scharf, 2, pp. 137, 139- 

1 Cassell'vs. Carroll, 11, Wheaton, p. 136. 

2 When Cecilius, Lord Baltimore, established his "Conditions of 
Plantations," he furnished the basis of a pretty accurate census of the 
early settlers of his little American kingdom. From the first, lands 
were granted to those who transported persons into the colony, "to 
inhabit," and the names of those "transports," as they are called, are 
entered in the records of the Land Office of the Proprietary. At least 
this is true up to about 1-686, a few years after the death of Cecilius, 
when the practice seems to have fallen into disuse, and from that time 
on, the record of immigrants is fragmentary and of little value. Prior 
to that time, however, it is safe to say that nearly every one who came 
as a "transport" had his name recorded, and of these an index has lately 
been compiled in the Land Office of the State. 

It was found that of the 20,859 persons who came to Maryland prior 
to 1680, 15,640, or 74.98 per cent., were males, and 5,219, or 25.02 per 
cent., were females. Eighty-two family names were represented by 
more than twenty-five persons each, and aggregated 4,471 immigrants, 
being 22.87 P er cent, of the whole number. The Smiths lead with 262 
representatives, but the Joneses are a close second, with 254, and if we 
include the twenty-five Joaneses — evidently a misspelling — they lead the. 
Smiths by seventeen. The Williamses hold a respectable third place, 
with 194 names, and the Johnsons are not a bad fourth, with 133. The 
Davises and Taylors each number over a hundred. 



98 COLONIAL MARYLAND 

same belonged", for the tax commissioners of the several 
counties, as a means of supplying the data and information by 
which the new law was to be put into operation. 1 

Thus was the fabric of Maryland's early land tenure 
swept away by the storm of the American Revolution. All 
landed rights which were granted under the Charter to Cecilius 

There is little doubt that the different spellings of the same sound- 
ing name are to be attributed more to the clerks, who had no settled 
rule about it, than to the fancy of the individuals, very few of whom, 
probably, could spell at all. 

Twenty-nine of the ships, which traded with the mother country, 
are recorded in the index, including the Ark, and among them we find 
the names, Baltimore, Cecilius, Constant Friendship, Golden Wheat 
Sheaf, King Solomon, Maryland Merchant, True Love, and others. 

Most of the old noted families of the State, have here recorded the 
first of their names who came to Maryland — the Lloyds, Goldsboroughs, 
Tilghmans, Dents, Winders, and scores of others. There was also an 
Arnold Elzey in those days. Naturally, there were some odd names — 
"Ringing Bell" and "Thomas Birdwhistle" have a cheerful sound ; 
"Peter Blackboard," is decidedly pedagogic; "Nicholas Broadway," 
smacks of arrogance; while, "Samuel Churchyard," casts a gloom over 
the company, which needs "Hannah Godsgrace," as an antidote. "John 
Godsgrass" and "James Tendergrass" are properly within easy reach of 
"Mary Greengoose." We run across "John Halfway," "John Halfe- 
head" — who, by the way, sat in the first Assembly, in 1634 and 1635 — 
and "Thomas Halfpenny." "Margaret Nutbrown" suggests the fields 
and forests of merry England. "Edward Rainbow" seems to have 
faded away in the morning of the young commonwealth, as we find no 
further trace of him. "Robert Sidebottom" is a little contradictory. 
"Francis Silversides" was a palpable anacronism; he should have lived 
in our day, and represented Nevada in the Senate of the United 
States. "James Wildgoose" led quite a flock into the colony, but they 
seem to have sought other feeding grounds. In "All Saints Buelis" 
and "Jehovah Jones," we catch a strong whiff of the Puritan element 
in Baltimore's followers. "John the Fidler" is suggestive of revelry. 

While the Maryland colony was, in the main, free from hostile 
Indian incursions, its early history had, nevertheless, its tragic side, as 
we discover in the following entry: "Richard Thompson further pray- 
eth, in consideration of transporting his wife, child, maidservant, Don- 
sabel Gladdus, and other two men servants, that is to say John Thomp- 
son and Hubert Smith, to have confirmed to him the island to the south- 
ed:, 1777, C. 21. 



THE LAND TENURE 99 

Calvert, the Baron of Baltimore, became merged in the sov- 
ereignty of Maryland and vested in her citizens, and lands 
became allodial, subject to no feudal incidents and to no 
tenure, save allegiance to the State. 1 

ward of the isle of Kent, called Poplar's Island, which he was possessed 
of by grant of Capt. Wm. Claybourne, and where he inhabited till in 
the year 1637 they were massacred by the Indians. 

Negroes were brought in very early, the first entry being of "Dina" 
in 1637. A few others are named including Mathias Tousa, "a molatta." 
It would seem that lands were not always granted for negroes trans- 
ported. Thomas Skinner, in 1664, transported fifteen persons, including 
the negroes Robert, Francis and Maria, but "rights" were refused for 
the negroes. 

Lord Baltimore made many special grants of land to friends, and 
gave substantial recognition to those who had performed meritorious 
service. Thus, in a special warrant dated at London, May 22, 1637, his 
lordship recites: 

"Whereas we are informed that Cyprian Thoroughgood hath done 
unto us and the colony good service, especially in the business of 
Pocomoke, we have therefore thought fit, at his request and for his 
better encouragement, to give him 300 acres of land." 

A similar warrant was given to Lieut. Robert Troop for "services at 
Severn;" and also to John Bayley, "son of John Bayley, late of our 
said province, planter, who lost his life in our service in Anne Arundel 
county in the late war there." 

The allusions to expeditions to distant parts of the colony are 
frequent, but unfortunately no details are given. 

A strange warrant was given to John Abbington, Gent., "to hunt 
wild cattle and keep an Indian." — Baltimore Sun, Feb. 9, 1894. 

1 10 G. & J. Maryland Reports, p. 444. 



CHAPTER VII 
The Land Tenure of Colonial Maryland 



*T* HERE was no legally established system of transferring 
land in the earlier history of Maryland, and the records 
are replete with examples of the inconveniences felt and the 
losses sustained in consequence of it. 

In the absence of a better method, it was usually done by 
writing the transfer on the back of the patent, or on a sepa- 
rate sheet of paper and delivering it to the grantee, or by 
placing the grantee in possession of the land by livery of 
seizin. 1 

The latter — a mode of conveyancing at common law — was 
accomplished by the actual or constructive entry of the 
grantor and grantee on the land, which was then symbolically 
delivered in the presence of witnesses from the neighborhood, 
thus giving notoriety to the transaction and making known 
the change of owners. 2 In 1663, a more uniform system 
of conveyancing was adopted. By this Act, transfers, by 
bargain and sale, of real estate were to be in writing in- 
dented and sealed, and recorded within six months, either in 
the Provincial Court, or in the Court of the County in which 
the land lay. 3 

1 Kilty, Appendix, p. 36 ; Bozman, p. 58. 2 Blackstone. 

On Saint Gabriel's Manor (now Point Lookout) Martin Kirk, in 
1656, was given seizin of a part of the Manor "by the rod," which was 
done by the steward and said Kirk each taking hold of an end of the 
rod, and the former saying, in the presence of witnesses, "the lord of 
this manor, by me, the steward, doth hereby deliver you seizin by the rod, 
and admit you as tenant of the premises," and the said Kirk, "in full 
court," "having done his fealty to the lady of the manor (Miss Margaret 
Brent) is thereof admitted tenant." — Bozman, p. 581. 

3 Archives, Act, 1663, p. 489. 
Bozman says a system was adopted in 1639, but this is an error. 



THE LAND TENURE 101 

To this was added, in 167 1, the necessity for the acknowl- 
edgment of deeds, to be made either before a Judge of the 
Provincial Court, two members of the Privy Council, or two 
Justices of the Peace of the County in which the land was 
situated, the acknowledgment of married women to be taken 
privately, and out of the hearing of their husbands. 1 

These acts, however (which were re-enacted in 1692, 
when the government of the Province was assumed by the 
Crown), did not apply to conveyances of land made by Lord 
Baltimore, and were confined in their application, as between 
other persons, to deeds of "bargain and sale" only 2 — a deed 
in which the grant is made for a valuable consideration, as 
distinguished from a feoffment — a deed of gift, accompanied 
by formal delivery of the property. 3 

As enrollment took the place of livery of seizin, the latter 
became unnecessary after 1715, in case the deed was recorded ; 
but, as no deeds could be recorded, except deeds of "bargain 
and sale", this ancient custom still continued in practice, to 
give efficacy to other species of conveyancing, and it was not 
until 1766, when provision was made for the acknowledgment 
and enrollment of all kinds of deeds, that it was formally abol- 
ished. 4 After 1766, deeds took effect from the date of their 
execution, and not from the date of enrollment, as the law 
had hitherto provided they should. 5 

A bill for that purpose was introduced, but did not pass. Bacon inti- 
mates that the Act of 1663, did not pass, but this is an error also. See 
Archives (Ass. Pro. 1663) p. 487, and same 1666, p. 46. 

1 Archives, Act, 1671, p. 305. 

2 2 H. & McH. Maryland Reports, p. 279. 

3 If, however, the owner of the property was a non-resident, but a 
"trader" in the Province, before the deed or conveyance became effec- 
tive, the person to whom it was made had to give bond, approved by the 
Chancellor, to pay and satisfy all debts of the grantor due and owing to 
any person or persons living in the Province, to the extent of the value 
of the land conveyed. — Act. 1753, C. 36. 

* 10 G. & J. Maryland Reports, p. 443; Act, 1715, C. 47. 
5 Act, 1766, C. 14. 
Under the Act of 1766, C. 14, deeds had to be acknowledged either 
in the Provincial Court, or before a Judge thereof; or in the County 



102 COLONIAL MARYLAND 

The old custom of indenture — cutting the deed unevenly 
on the top and sides so as to make it correspond to a duplicate 
— was as indispensable to the validity of deeds in early Mary- 
land as was the name of the grantor. And it was necessary 
too, for it to be actually indented, and not simply an indenture 
in name. 

The last mentioned Act made this necessary as to feoff- 
ments and other deeds to which it extended, but as it did not 
apply to deeds of "bargain and sale", then the most general 
in use, the indenting of that class of deeds continued to be 
necessary until 1794, when this requisite was declared no 
longer essential. 1 

A good possessory title to lands in Maryland, could be 
acquired under the Act of 1663, by an "undisputed, contin- 
uous, and uninterrupted possession" for the period of five 
years, except as against married women, infants, lunatics, and 
persons out of the Province, or of unsound mind, any of 
whom could sue for the recovery of the lands and within five 
years after the removal of such disability. 2 Nor did it apply 
to the Proprietary of the Province, as to his unpatented lands, 
though it did as to those he claimed by escheat, until he had 
formally repossessed himself of them. s 

The Act of 1663, however, did not remain in force many 
years. It was superseded by the English statute (21 James I. 
ch. 16), and the one by which questions of possessory title are 
still determined in Maryland. 4 

The descent of lands in early Maryland was regulated by 
the English rules and canons of inheritance. By the Act of 

Court, or before two Justices of the Peace. If made before either of 
the two latter, and out of the county in which the land lay, the clerk's 
certificate to their official character was required. Deeds thus acknowl- 
edged could be enrolled either in the county in which the land lay, or 
in the Provincial Court, and, after 1776, in its successor, the General 
Court — 2nd H. & McH. Maryland Reports, p. 451. 

'2H. & McH. Maryland Rep., p. 176; Act, 1766, C. 14; Act, 1794, 
C 57- 

2 Archives, Act, 1663, p. 501. 

3 3 H. & J. Maryland Reports, p. 507. 

* I H. & J. Maryland Reports, p. 350 ; Venable, p. 23. 



THE LAND TENURE 103 

1642, lands were to "descend to the heir who hath right by 
the law of England". If such heir was not in the Province, 
the heir next in succession was to hold it for his use, which 
possession, if undisturbed for seven years, ripened into actual 
ownership. The widow, in addition to one-third of the land, 
was entitled to the mansion house during her widowhood. 1 
Among the curious bills introduced in the first Assembly held 
in the Province, but which, like all the others of that session, 
failed to become a law, was one which deprived a woman of 
lands descending to her, unless she married within the age 
fixed by law.* 

Under the English rule, thus introduced in Maryland, 
males inherited to the exclusion of females, and of the male 
issue, the oldest son, in the absence of a will, succeeded to the 
entire estate. Custom followed close to the law, and even 
where wills were made, the oldest son generally received the 
"lion's share" of the estate. 

This partial and unjust rule of "primogeniture", as it 
was called, had its origin in the feudal ages, when it was 
deemed important to keep the estate entire, and when the 
oldest son was supposed to be the one best capable of taking 
his father's place, and of performing the military services 
which were incident to the grant. Later, it was maintained 
in England as a means of supporting nobility and its titles. 
Its introduction in Maryland was not due to either of these 
reasons, though it did, in effect, help to sustain the leadership 
of the great Maryland families, but was most probably the 
result of the want of a better system, and the bondage of the 
people, at that day, to English traditions and institutions. 3 

At the time of the American Revolution, however, Eng- 
lish ideas and customs were not so popular in Maryland, and 
in 1786, the General Assembly declared, "that the law of 

1 Archives, Act, 1642, p. 157. 2 Shea, p. 51. 

3 There were, also certain local modes of inheritance, which pre- 
vailed in England by custom, such as "borough English" and "ultimo- 
geniture" — the former the right of the youngest son to the entire estate, 
and the latter the right of the youngest son to the homestead. These 
customs were predicated upon the theory that the oldest sons were pro- 



io 4 COLONIAL MARYLAND 

descent in Maryland, which originated in the feudal system 
and military tenures in England, was contrary to justice, and 
ought to be abolished". It was, accordingly, done, and sub- 
stantially the same rules of descent as those now in force, were 
adopted in its stead. 1 

The law of entailments, by which lands could be trans- 
mitted for generations in the line of a particular heir, was also 
practically swept away by the same Act, which declared, that 
estates in tail general, should descend in fee simple, and to the 
same heirs at law, as fee simple estates. 

An Act 2 had hitherto been passed, making it practicable 
to "bar" or "dock" entailments, by a simple conveyance of 
the property, and though neither of these, in terms, converted 
estates in fee tail into fee simple estates, they did so in effect, 
by vesting in the owner all the rights and powers incident to 
the ownership of fee simple estates. 3 

While entailments found a successful lodgment in Mary- 
land, the restrictions surrounding them were too numerous 
and inflexible for popularity, and the records furnish repeated 
instances of efforts having been made to "dock" them by the 
old process known as "common recovery", long before the 
Revolution. 4 

vided for during the lifetime of the father, and that the youngest re- 
mained at home and cared for his parents in their old age and infirmity. 
They were never introduced in Maryland, but the latter of them did pre- 
vail in some of the New England colonies, and, it is said, still exists 
in some of the northern counties of New York. — Social Condition of the 
Colonies. 

"Act, 1786, C 45- 

2 Act, 1782, C. 23. 3 21 Maryland Reports, p. 477. 

The Act of 1786, providing for the descent of estates tail, applied 
only to estates of fee tail general — those limited to heirs of the body 
generally. This Act, as re-enacted in 1820, is the one now in force, and, 
as it does not embrace estates tail special — those limited to particular 
heirs of the body — the latter class, it would seem, can still be created 
and exist in Maryland, but subject always to the possibility of being 
barred by the tenant in tail conveying the property as provided by Act 
of 1782, which applies to all classes of entailments, and which makes the 
grant of the tenant in tail, operate to convert the entailment into a fee 
simple estate. 

4 It is curiously recorded of one of the patriarchs of Colonial Mary- 



THE LAND TENURE 105 

Under the Maryland Charter, the Proprietary was ex- 
pressly authorized to erect manors "according to English 
customs and usages", and in the exercise of this right, he 
directed that every distinct tract of two thousand acres, or 
more, might be erected into a manor, under such name as the 
owner desired. 1 

While many of the larger tracts in Maryland were called 
manors by reason only of the quantity of land they contained, 
there were a large number of manors, formally erected in the 
Province and invested with all the "royalties and privileges 
usually belonging to manors in England", among them the 
right of the lord of the manor to establish and hold Courts 
Baron and Court Leet. 2 This clause in the grant of Mary- 
land manors, was not a mere "high sounding symbol", but 
meant the practical introduction into Maryland of the English 
system of manorial holdings, with all the customs, powers, and 
emoluments, as well as the halo of importance, and dignity 
attached thereto. 

The bestowal of this privilege upon the first Baron of Bal- 
timore — one which was at that time denied the great feudal 
Barons of England — indicates the high favor in which he was 
held by the Crown, and its incorporation in the Maryland 
Charter shows that he possessed a keen perception of its prac- 
tical bearing on his Maryland enterprise. Through the sys- 
tem he not only made provision for the government of the 
larger landed communities by which they would be kept under 
control, and yet he be relieved of settling their local affairs, 

land, that, when importuned by his sons to break the entailment upon 
his estate, replied: "If one of you inherit the whole estate, I shall be 
responsible for the production of one fox hunter; if I divide it, I shall 
make as many fox hunters as I make heirs," thus illustrating the preva- 
lence of this sport among the landed gentry of that day. 

— Old Maryland Manors, p. II. 

1 By the first Conditions of Plantation, tracts of one thousand acres, 
or more, might be erected into a manor, but after 1641, the right to 
erect manors was restricted to tracts of not less than two thousand 
acres. 

2 For an account of the Manorial Courts in Maryland, see Chapter, 
The Judicial System of Colonial Maryland. 



106 COLONIAL MARYLAND 

but it placed him in a position to gratify the strong demand of 
the times for local self-government, and at the same time 
check any undue growth of that spirit and prevent it reaching 
dangerous proportions. 1 

On the Maryland manors, generally resided the lord of the 
manor and his tenants, among whom the land was divided into 
small farms. 2 Some of the tenants were mere renters from 
year to year; others held under leases for life or a term of 
years, while others purchased and owned the land on which 
they lived, but subject to all the duties and customs of manors 
in England. Among these, were rent, escheat, forfeiture, 
fines for selling or devising the tenament, or a change in the 
ownership by death of the tenant intestate, attendance of all 
between the ages of twelve and sixty years upon the Manor 
Courts, and the oath of fealty to the lord of the manor. 

To the lord of the manor also belonged all escheats and 
forfeitures accruing from the land leased or sold, the former 
extending not only to cases in which the tenant died without 
heirs, but to those also, in which the tenant was in arrear in 
rent, and did not have sufficient personal property on the 
premises to pay it by distraint, and the latter to cases of rebel- 
lion. Instances are furnished in which both of these rights 
were exercised upon Governor Leonard Calvert's manors, the 
escheats being for non-payment of three years' rent, and the 
forfeitures for participation in Ingle's rebellion. 3 

In addition to the large number of manors laid out for 
private individuals, the Proprietary had at least two, of not 
less than 6,000 acres each, surveyed in every county, and set 
apart for his own use. 4 Many of these were still in his pos- 
session at the time of the Revolution, and were subject to the 
Maryland Act of confiscation, among them the one of 10,000 

1 Local Institutions in Maryland. 

2 In Maryland, the demesne (the part occupied by the manor house, 
etc.) was the sixth part of the manor, that had to be distinctly set 
apart, and which could not be alienated, separated, or leased for a 
period longer than seven years. — Kilty, p. 39. 

8 See details of these proceedings in Kilty's, p. 103. 
* Kilty, p. 63. 



THE LAND TENURE 107 

acres lying westward of Fort Cumberland, erected in 1764, 
and which, with other lands, was divided into "military lots" 
after the Revolution, and awarded to the officers and soldiers 
of the Maryland Line. 1 

There were, also, large manors laid out for the Indians, 
the principal one, perhaps, being Calverton Manor, containing 
about 10,000 acres, and located, says the order directing it, on 
"a tract of land at the head of Wicocomico River, called 
Choptico". It was erected in 165 1, for the "six nations", 
who wanted to be placed under the protection of the Maryland 
government. This scheme of colonization, however, of making 
copyhold tenants of the Indians, seems to have been abortive, 
at least, so far as instituting a confederacy of the different 
tribes is concerned, as in 1692, the only one of them appar- 
ently living on the manor was the Chopticons. 2 

The gradual decline of the manorial system in Maryland, 
was not due to adverse feeling against the institution of 
manors and manorial customs, but to the introduction of 
slavery. When labor from that source became abundant and 
cheap, land could be worked more profitably with slaves than 
by tenants. The former, therefore, gradually supplanted the 
latter, and the "Maryland manor" became in time a "Mary- 
land plantation", cultivated by slaves, either in its entirety or 
as separate estates. 

It has been charged that it was Baltimore's plan to 
found in Maryland an order of nobility, based on baronial 
holdings. It is true, the Charter 3 expressly provided that 
dignities and titles could be conferred, and incidentally, that 
a provincial peerage might be established, and that among the 
bills transmitted by Baltimore to the Assembly, in 1637 (but 

1 Ibid, pp. 332-350. 2 Archives (CI. Pro. 1692) pp. 3-36. 

There were also large tracts laid out on the Eastern Shore, for the 
Choptank and Nanticoke Indians (Kilty, pp. 351-355) — these tribes were 
the remnants of the Kuskarawoaks, once famous as the great makers of 
peake and roanoke (Indian money.) Peake was more valuable than 
roanoke, but they both consisted of shell — the former of the conch, the 
latter of the coekle — wrought into the shape of beads. — Day Star, p. III. 

3 Section 14. 



108 COLONIAL MARYLAND 

which, with the others sent, was rejected), was a "Bill for 
Baronies". It is, however, also true that after the bill which 
was subsequently passed, substantially as prepared by him, 1 he 
vetoed, 2 either from political reasons, growing out of the 
claim he was at that time making that he, and not the Assem- 
bly, had the right to initiate legislation, or from prudential 
motives which prompted a reconsideration of his original plan 
of founding "Baronies" in the Province. 

Be this as it may, it is highly probable that the "Bill for 
Baronies", as introduced by him, was a proposition, not for 
an order of nobility, but for the creation of political subdivi- 
sions, such as are still known in Ireland as "Baronies", and 
where Baltimore was then engaged in the enterprise of coloni- 
zation. 3 

At the session of 1639, two bills were introduced, but not 
passed, constituting the lords of manors a privileged class ; 
the one providing, that they should only be tried by a jury 
composed of lords of manors, if so many could be procured, 
and, if condemned to capital punishment, they were, unlike 
the body of people, to be executed by being beheaded, and 
not by hanging; the other, that lords of 'manors should be 
eligible, like members of the Council, to seats in the Assembly 
without election by the people, 4 but it nowhere appears that 
Baltimore was interested in the passage of either of them, or 
responsible for their introduction. 

Yet, whatever his intention may have been as to the crea- 
tion of an order of nobility in Maryland, certain it is, that a 
genuine aristocracy did spring up and develop into a promi- 
nent feature of the colony, as the natural evolution of his land 
system. Nothing could have contributed more, indirectly, to 
the development of an aristocracy, as well as in moulding the 
character and habits of the people, than the land tenure of 
Colonial Maryland. Under its influences, both economic and 



The Foundation of Maryland, p. 40. 

Ibid; Bozman, 11, p. 67. 

Bozman, 11, p. 67; The Foundation of Maryland, p. 42. 

Archives (Ass. Pro. 1639) pp. 51-74- 



THE LAND TENURE 109 

political, land soon came to be esteemed the highest source of 
wealth in the Province, and, a little later, its ownership 
became a mark of distinction and an element of power. 

In early Maryland there was a property qualification for 
voters, the right of the elective franchise being restricted to 
freemen who had not less than fifty acres of land, or a "visi- 
ble personal estate of £40 sterling within the County" ; the 
same qualification being required of delegates to the Assem- 
bly, 1 and only the landlords and employing classes were sub- 
ject to taxation, which was rated according to the number of 
productive persons under their care — a system, purely aristo- 
cratic both in its intention and tendency. 

From the class recognized as gentlemen, the County 
Court Judges, High Sheriffs, and Upper Magistrates, and,, 
indeed, State and County officials generally, were selected, and 
as rural life was then esteemed the most honorable, those of 
this class were all expected to be owners of landed estates. 
They were entitled to be addressed as Esquires, the small 
freeholder and tenant being called Master or Mr. 2 

These, among other distinctions, between the freeholders 
and those who were landless, and between small landlords and 
the great landed proprietors of the Province ; the importance 
attached to the lords of manors, by reason of their vast 
possessions and judicial powers, and the strong support which 
the system received from the law of primogeniture and entail- 
ment, were powerful elements in the development of an aris- 
tocracy. 

The isolation, too, of those vast estates, separated as they 
were, by such wide distances, and the solitary life of the 
planters who resided on them, necessarily made their proprie- 
tors rely on their own resources for entertainment, and made 
it also essential that each manor or plantation — being a com- 
munity within itself — should be wholly self-sustaining, and 
wholly independent — a condition they shortly attained. 

Co-operation was not an element of such a society, and 
the absence of this deprived the body of the people of the 

1 McMahon, pp. 445, 449. 2 Scharf, n, p. 50; Day Star, p. 116. 



no COLONIAL MARYLAND 

facilities for education which that closer community of feeling 
and association of interests — prevailing in some of the New 
England colonies — afforded, and which, for more than a cen- 
tury, practically restricted education to the sons and daugh- 
ters of the wealthy planters, who could resort to colleges and 
seminaries. This condition intensified the consciousness of 
inferiority in the former class, while it excited in the latter, a 
sense of increased pride in their possessions, and a feeling of 
superiority in their surroundings and station of life. 

And thus it was that the great landlords of the Province 
— political powers of the land and the educated element of the 
community — living upon their vast estates, independent and 
within themselves, possessing wealth without riches, dispens- 
ing that abounding hospitality, and cherishing that spirit of 
self-reliance and invincible independence, for which the society, 
the soldiery, and the statesmanship of Maryland became 
renowned. 



CHAPTER VIII 
The Judicial System of Colonial Maryland 



*"THE Palatinate jurisdiction conferred on the Baron of Bal- 
timore, over the Province of Maryland, as well as the 
powers expressly given by the seventh section of the Pro- 
vincial Charter, are the corner-stones of the judicial system 
of Colonial Maryland. These accorded to him the full and 
sole authority to ordain judges, establish courts, and define 
their jurisdiction, and the manner and form of their proceed- 
ings. 

This right he first exercised by commission, the earliest 
one extant being that of April 15th, 1637, by which he ap- 
pointed Governor Leonard Calvert, Chief Justice and Chan- 
cellor of the Province, and invested him with full power to 
award process, hold pleas, and to hear and finally determine 
all civil actions, suits, and demands, both in law and equity, 
as well as all criminal causes, except that where a life, mem- 
ber, or freehold were involved, at least two members of the 
Privy Council were to sit with him. 1 Causes were determined 
by the common law of England, except where superseded by 
a provincial statute, and except, also, where life, member, or 
freehold were concerned, which could only be taken away by 
an express law of the Province. 2 This, in 1642, was extended 
to persons who were outlawed or fined more than 1000 lbs. of 
tobacco. 3 

Baltimore, however, soon submitted the General Assem- 
bly to regulate the perfunctory matters appertaining to the 
administration of justice in Maryland, such as the time, place, 

Archives (CI. Pro. 1637) p. 49. 

2 McMahon, p. 113; Act, 1642, C. 4; Act, 1646, C. 2. 

3 Archives (Ass. Pro. 1642) p. 184. 



ii2 COLONIAL MARYLAND 

and manner of holding courts, and also to define their juris- 
diction and the compensation of their judges, but the right to 
appoint the judges he always retained and exercised himself, 
or through his representative, the acting Governor; and he 
also required that all courts should be held, and that all 
process should issue and run in his name, and not in the name 
of the King or of the Province. 1 

The first exercise of this privilege by the Assembly, was 
in 1638, O. S., when an Act was passed vesting jurisdic- 
tion throughout the Province, in all civil, as well as criminal 
causes, in the Governor; in the Commander of the Isle of 
Kent (within that Island), and in the Privy Council, in cases 
in which the Governor was a party; except that in crimes 
extending to life or member, the offender was first to be 
indicted and then tried by at least twelve freemen. 2 

Successive Acts were, from time to time, passed, 3 under 
which the judicial system was gradually developed, and which 
will be noticed in detail, under the head of the several courts 
of the Province. 

The first judicial officers appointed for Maryland, except 
the commission to the Governor and Council of 1637, before 
referred to, were Justices of the Peace. 4 

As early as January, 1637, O. S., one was commissioned 
for Saint Mary's County, and in February of the same year, 
three were commissioned for Kent. 5 The jurisdiction of these 
Justices was defined by their commissions, and was more com- 
prehensive than that given to those subsequently appointed 

1 McMahon, pp. 156, 157. 2 Archives (Ass. Pro. 1638) p, 83. 

3 In 1638, an Act was introduced providing for a specific arrange- 
ment of the judicial system of the Province, but it did not reach its 
third reading, and was not passed. — (Archives, Ass. Pro. 1638, p. 39.) 
Bozman, however, devotes much space in explaining the tenor of this 
Act, which is misleading unless critically read, as the courts therein 
named were not established. 

4 The Court of Piepoudre, or market court, authorized by the char- 
ters of the cities of Saint Mary's and Annapolis, while a part of the 
system of Maryland jurisprudence, yet, being so circumscribed in terri- 
torial jurisdiction, are not treated here. For a brief notice of these 
courts, see Chapters; The First Capital of Maryland. 

5 Archives (CI. Pro. 1637) pp. 60, 62. 



THE JUDICIAL SYSTEM 113 

who were only constituted conservators of the peace, and 
with the powers and duties incident to the office of justice of 
the peace in England. 1 

In 1715, they were given jurisdiction, concurrently with 
the County Court, in all civil causes within their respective 
bailiwicks, in which "the real debt or damage doth not exceed 
400 lbs. of tobacco, or 33 s. and 4 d. in money", 2 but this, 
apparently, did not apply to controversies with the Indians, as 
two years later an Act was passed, in which, after reciting 
the inconvenience of having such matters brought before the 
Governor and Council, Justices of the Peace were authorized 
to try and determine disputes between the "English and In- 
dians", not exceeding 20 s. .sterling. 3 

The first time Justices of the Peace were given jurisdiction 
exclusive of the County Courts, was in 1753, and at that time 
it was also increased to 600 lbs. of tobacco or 50 s. currency. 4 
From their decision an appeal would lie to the County Court, 
which at first applied to all cases, but in 1763, the right of 
appeal was limited to cases in which the amount involved 
exceeded 400 lbs. of tobacco, or 33 s. and 6 d. in money, and 
to stay execution pending the appeal, a bond had to be filed 
in double the amount of the judgment. 5 The constables were 
the executive officers of the Justice's Court. 6 

Two Justices of the Peace could take the acknowledgment 
of deeds, 7 and a single Justice could take the probate of any 
account, 8 and administer the oath of office to all government 
officials" and public inspectors. 10 

Justices of the Peace were appointed by the Governor, 
were usually the leading men of the county, and constituted, 
with those known as Justices of the Quorum, the County 
Court. 

The first County Court held in Maryland, of which there 

1 Ibid, 1661, p. 422. 2 Act, 1715, C. 12 

3 Act, 1717. C. 14. "Act, 1753, C. 13 

5 Act, 1716, C. 5. "Act, 1763, C. 21 

7 Act, 1715, C. 15. s Act, 1715, C. 47 

9 Act, 1729, C. 20. 10 Act, 1763, C. 18 



ii4 COLONIAL MARYLAND 

is any record, met at Saint Mary's, on the 12th day of Feb- 
ruary, 1637, O. S. It was presided over by the Governor 
and two members of Council. A grand jury of twenty-four 
freemen was impaneled and sworn, and several indictments 
found, 1 but by a singular coincidence they were for offenses 
which the Court, by the express terms of its commission, 
could only determine by a statute of the Province for such 
cases made and provided, and Baltimore having vetoed all 
Acts passed by the Assembly up to that time, the Court found 
itself in the unique position of having before it, prisoners 
arraigned and no laws by which to try them. 2 

But the General Assembly, which was then in session, 
did not propose to let the offenders go unwhipt of justice, and 
believing itself equal to the emergency, and not bound by the 
restrictions imposed upon the Governor and Council in their 
judicial capacity, resolved itself into a high court of justice, 
assumed jurisdiction of the cases, and, with the acting Attor- 
ney General, John Lewger, tried and convicted the prisoners 
of murder, the crime for which they were indicted. 3 

This Court, however, while called a County Court, was 
not such, as they were subsequently organized, but was the 
Provincial Court, sitting as a County Court, which it con- 
tinued to do for the County of Saint Mary's until the new coun- 
ties were erected, and which had, until its limits were thus 
curtailed, embraced the whole of the western shore, as distin- 
guished from Kent, on the eastern shore. For the latter, a 
special Court was at first instituted, with a Chief Judge and 
two Associates, and with jurisdiction over civil causes to the 
extent of 1200 lbs. of tobacco, and over all crimes and offenses 
not punishable with loss of life or member. 4 

The earliest reference to a County Court, among the 
legislative proceedings in Maryland, was in 1638, when an 
Act was introduced, but not passed, "for the erecting of a 

1 Archives (Pro. Ct. 1637) p. 21. 2 Ibid ; Bozman, pp. 60, 575. 
s Archives (Ass. Pro. 1637) pp. 16, 17, 18. 
4 Archives (CI. Pro. 1637) p. 62. 



THE JUDICIAL SYSTEM 115 

County Court". 1 The next, is the Act of 1642, which refers 
to them as existing tribunals, from which it may be inferred 
that the Proprietary had, in the meantime, instituted them. 
This Act fixed the terms of court, and provided the oath for 
the Justices, the order of trials, method of appeal, and the 
manner of drawing the jury, and of selecting the Sheriff, 2 the 
latter being done by the Court placing three suitable persons 
in nomination, from whom the Chief Judge appointed the 
Sheriff of the County for the ensuing year. 3 This method of 
selecting the Sheriffs of the several counties, continued until 
1662, when, upon the nomination of three persons by the 
County Court, the Governor, and not the Chief Judge, made 
the appointment. 4 

In 1676, the right to nominate the Sheriffs was taken 
away from the County Courts by the repeal of the Act of 
1642/ after which the power of appointment was exercised by 
the Governor alone. In 1692, their term of office was ex- 
tended to two years, and in 1699, t0 t nree years, on which 
basis it continued until the Revolution. 8 

The Clerks of the County Courts were appointed by the 
Secretary of the Province, 7 this being one of the prerogatives 
belonging to that office. In 1691, the question of depriving 
the Secretary of this privilege was agitated, but it resulted in 
no change, the decision, however, being that the office "ought 
not to be sold," 8 but, as the Secretary had to give security for 

x Archives (Ass. Pro. 1638) p. 47. 2 Ibid, 1642, pp. 147-152. 

3 Ibid. * Ibid, 1662, p. 45. 

"Bacon, Act, 1676, C. 2. 

6 The duties performed by the Sheriffs in early Maryland, were very 
similar to those incident to the office of Sheriff in England. Besides 
serving writs and processes, imprisoning criminals, and inflicting pun- 
ishments, it was also incumbent upon them to proclaim at the County 
Courts, the late Acts of the Assembly; to collect county and parish 
rates or dues ; to supervise the return of taxables ; and to perform such 
other duties as were incumbent upon the Sheriffs in England, and which 
the Governor, the Assembly, or the Courts might, from time to time, 
order and direct. 

T Archives (CI. Pro. 1671) pp. 23, 136. 

8 Act, 1602, C. 25; Act, 1699, C. 26. 



n6 COLONIAL MARYLAND 

the "good behavior" of the County Clerks, he was allowed 
to receive one-tenth of the fees and emoluments of the office. 1 
They were appointed at will, but generally held office during 
good behavior, 2 and besides keeping the Court records, they 
were the keepers of the County Seal, 3 and the records of all 
births, marriages, and deaths of white persons within their 
respective counties.* 

Each County Court had a Crier and a Bailiff. 5 The 
County Courts were presided over by Justices of the Peace 
or Commissioners, who were appointed by the Governor, and 
a reference to their names shows them to have been among 
the most prominent men in the Province. A distinction was 
made between the Justices of the Quorum, who were presumed 
to possess higher qualifications, and the other Justices in the 
Commission, the presence of one or more of the Quorum 
Justices being necessary at each session of the court to give it 
legality. The Justice of the Quorum first named in the Com- 
mission was the Chief Judge, and in his absence the one 
next named presided. 6 

The number of Justices varied in the several Counties 
from six to twelve, four of whom being necessary to constitute 
a legal session of the court. 7 But to prevent a discontinuance 
of the court, two Justices, one being of the Quorum, could 
call and adjourn 8 it to a future day. 9 

The Justices of the County Courts were paid a per diem, 
each receiving 80 lb. of tobacco for each day of attendance, 10 
and in order to insure their presence, they were subject to a fine 
of 100 lbs. of tobacco for non-attendance, without good cause. 11 

The County Courts were Courts of Record, 12 and in their 

1 Archives (CI. Pro. 1691) pp. 289, 293. 

2 Ibid, Sharpe, Cor. p. 6; Ibid, CI. Pro. 1671, p. 136. 

3 Archives (Ass. Pro. 1671) p. 294. 4 Ibid, 1691, p. 529. 
5 Act, 1763, C. 18. "Archives (Ass. Pro. 1642) p. 183. 

7 Archives (CI. Pro. 1661) pp. 422, 424; Ibid, 1675, pp. 65, 69. 

8 A failure to meet or adjourn Court on the first day of the term, 
left its proceedings "without a return day" — a defect that could only be 
cured by Act of Assembly. See Archives, Act, 1794, p. 137. 

9 Act, 1715, C. 14; I7S6, C. 6. 10 Act, 1716, C. 11. 
"Archives (Ass. Pro. 1663) p. 497. 12 Ibid, 1678, pp. 70, 71. 



THE JUDICIAL SYSTEM 117 

earlier history they held six terms a year, consisting of the 
first six successive days of every alternate month, but later 
they were reduced to four terms a year. They began for the 
Counties of Talbot, Baltimore, Saint Mary's, and Worcester, 
the first Tuesday in March, June, August, and November ; for 
Dorchester, Cecil, Anne Arundel, and Charles, the second 
Tuesday ; for Calvert, Kent, Somerset, and Frederick, the third 
Tuesday, and for Prince George and Queen Anne, the fourth 
Tuesday of said months. 1 

In 1663 the County Courts were directed to provide a 
pillory, ducking-stool, whipping-post, stock, and branding- 
irons for their respective Counties, 2 and in 1674, a Court house 
and Prison were ordered to be erected in each County, under 
the direction and supervision of the Justices of the several 
Counties, which order appears to have been promptly complied 
with. 3 They were also required to make court rules, 4 a copy 
of which had to be "kept sett up att the Court house doore," 
and to purchase Keeble's Abridgments of the statutes of 
England, and Dalton's Justice, for the use of the County 
Courts. 5 Among the other administrative duties incumbent 

x Ibid, 1648, p. 232; Acts, 1715, C. 4; 1742, C. 19; 1748, C. 15. 

2 Archives (Ass. Pro. 1663) p. 490. 

3 Ibid, 1674, p. 413, Ibid, 1675, p. 447. 

4 The first regulation of the County Court of Cecil, of the year 1721 
reads : "When the Justices meet together at the Court house, to hold a 
court, one of them shall order the Crier to stand at the Court house 
door and make three "Oyeses" and say, all manner of persons that have 
any business this day at his majesty's Court, draw near and give your 
attention, for the Court is now going to sit : "God save the King." 
Rule 7 reads : "the plaintiff's attorney standing up and direct himself 
to the court & then to the jury if any and open his client's case after the 
clerk's reading the Declaration * * * and when done he to sitt down 
and then the Defendant's Attorney to stand up and answer him as 
aforesaid & not to speak both together in a confused manner or in- 
decently." Rule 9 prescribed that no one presume to keep his hat on in 
court except "any of the Gentlemen of his Majesty's Honerable 
Council." — Johnson's History of Cecil County, p. 244 & 246; Local In- 
stitutions in Maryland, p. 89. 

5 Archives (Ass. Pro. 1678) p. 70. 



n8 COLONIAL MARYLAND 

upon the County Court were, to levy county taxes, 1 assess 
parish rates, 2 and fix their boundaries, 3 and to appoint the 
keepers of weights and measures, 4 road supervisors, 5 consta- 
bles, and press masters. 6 

The Sheriff selected and summoned the grand and petit 
jury for the County Court, which had to be done at least ten 
days before court convened. 7 Those exempt from jury service 
were, delegates, magistrates, coroners, schoolmasters, over- 
seers of highways, and constables, and no one was eligible as a 
petit juror who had any cause pending for trial at that term 
of the court. 8 The jury thus summoned were compelled to 
serve, unless excused, under penalty of 500 lbs. of tobacco. 9 
The same penalty was attached to witnesses, summoned 
before the County Court, and not attending, besides being 
liable to damages to the party injured by the loss of their 
testimony. 10 

The compensation allowed grand jurors was within the 
discretion of the court, but could not exceed 500 lbs. of tobacco 
a piece per term, and was paid by the County. 11 The petit jury 
received 15 lbs. of tobacco a piece for each day of attendance, 
out of the County levy and 120 lbs. of tobacco to the panel in 
every case in which they were sworn, to be taxed as a part of 
the costs of the case. 12 

The right, however, to trial by jury, was limited to crimes 
affecting the life or member, until 1642, when it was, for the 
first time in Maryland, extended to all cases, civil and criminal, 
the party demanding it giving security to pay the cost of the 
jury, except that in criminal cases affecting life or member, the 
demand could be made without furnishing such security. 13 

Witnesses before the County Court were entitled to 30 lbs. 
of tobacco per day, to be taxed with the costs of the case. 
In criminal cases these fees, and indeed the fees of all the 

Archives (Ass. Pro. 1671) p. 273; Acts, 1704, C. 34; 1748, C. 20. 
2 Act, 1729, C. 7. 3 Act, 1713, C. 10. 

■* Archives (Ass. Pro. 1671) p. 281. 5 Act, 1704, C. 21. 

e Act, 1715, C. 15 & 43- 'Act, 1715, C. 37- s Ibid. 

9 Ibid. 10 Ibid. u Ibid. 12 Act, 1719, C. 3. 

13 Archives (Ass. Pro. 1642) p. 151. 



THE JUDICIAL SYSTEM 119 

court officials, including the sheriff and jailer, were paid by the 
County, but only in case they could not be made out of the 
traveser, by way of execution or servitude. 1 

The jurisdiction of the earlier County Courts, the records 
do not clearly define, the reason for which, perhaps, being that 
until 1650, there were but two civil divisions in the Province, 
whose judicial affairs were administered as before stated. 

In the proclamation erecting Charles County in 1658, the 
jurisdiction of the County Court for that County was limited 
in civil cases to 3000 lbs. of tobacco, and in criminal causes, to 
those not affecting life or member. 2 This, while applicable to 
a single County, serves to show the idea then entertained of 
the scope and character of their jurisdiction. Three years 
later, when justices of the County Courts were appointed, 
apparently for the first time for all of the Counties then 
erected, their jurisdiction was the same as that prescribed in 
1658 for Charles County. 3 

'Act, 1715, C. 26-37. 

2 Liber, P. C. R. p. 52, 54, Maryland Historical Society. 

3 CI. Pro. 1661, 422. 

The oath administered to Judges, after the allegiance and fidelity 
clause, was as follows: "To none will I delay or deny right. Reward 
of none will I take for doing justice. But equal justice will I administer 
in all thing to my best skill, without fear, favor or malice, of any per- 
son, according to the laws of this Province, so help me God." Liber C. 
and W. H., p. 6. 

The following curious oath was administered to Judges of the 
County Courts, during the reign of George 1st: "The subscriber, Do 
truly and sincerely acknowledge profess and testify and declare in my 
conscience before God and the world that our Sovereign Lord King 
George is Lawful and rightfull King of Great Brittain and all other the 
Dominions and Countries thereunto belonging and I Do Solemnly 
and sincerely Declare that I do believe in my conscience that the person 
Pretended to be Prince of Wales During the Life of the late King James 
and since his Decease pretending to be and taking upon himself the stile 
and title of King of England — by the name of James the third or of 
Scotland by ye name of James the eighth or the stile & title of King of 
Great Britain hath not any right or title whatsoever to the crown of the 
Realm of Great Britain or any other the Dominions thereunto belonging, 
and I do renounce, refuse, and abjure any allegiance or obedience to him 
and I do swear that I will bear faith and true allegiance to his Majesty 



120 COLONIAL MARYLAND 

The jurisdiction of the County Courts was concurrent 
with the Provincial Court until 1692, when they were given 
an exclusive jurisdiction in civil cases to the extent of 1500 lbs. 
of tobacco and cask, 1 which in 17 14, was increased to £20 
sterling, or 5000 lbs. of tobacco, and their concurrent jurisdic- 
tion extended to f 100 sterling or 30,000 lbs. of tobacco. 2 But 
they could not hold plea where the debt or damage did not 
exceed 600 lbs. of tobacco or 50 s. currency, those cases being 
determined exclusively by a single magistrate, from whom an 
appeal would lie to the County Court, where the amount 
involved exceeded 33 s. 4 p. or 400 lbs. of tobacco. 3 In 1773 
they were given exclusive jurisdiction in all civil cases in 
which they before had jurisdiction and concurrent jurisdiction 
with the Provincial Court in all other cases. The same act 
gave them jurisdiction, concurrently with the Provincial Court, 
in all criminal matters whatsoever. 4 

King George and him will defend to the utmost of my powers as* all 
Traitors Conspiracies and attempts whatsoever w he shall be made as 1 
his p son cro n & Dignity and I will do my utmost endeavour to disclose & 
make known to his matic & succ" all treasons and traitorous Conspir- 
aces w ch I shall know to be as* him or any of them and I do faithfully 
promise to the utmost of my power to support maintain and defend the 
succession of ye Cro w a^ 1 him ye L James and all other p son whatsoever 
which succession by an act intittled an act for the further Limitacon of 
the Crown and better securing ye rights and Liberties of the subjects is 
and stands limited to the Princess Sophia Electress and Duchess Dow- 
ager of Hanover and the heirs of her body being protestants & all 
these things I do Plainly and sincerely acknowledge and swear accord- 
ing to the Express words by me spoken and according to the plain 
and common sence and understanding of the same words without any 
equivocation mentall evasion or secret reservasion whatsoever & I do 
make this Recognition acknoleagment abjuracon renonciacon & prom- 
ise heartily, willingly and truly upon the true faith of a christian, so 
help me God. 

I do likewise Declare that I Do believe that there is not any tran- 
substantiation in the Sacrament of the Lords Supper or in the Elements 
of Bread and Wine at or after the Consecration thereof by any per- 
son whatsoever." Taken from Charles County Court Records, Liber, 
32, 1729—33. folio 3. 

1 Archives (Ass. Pro. 1692) p. 447. 2 Act, 1714, C. 4. 

3 Act, 1763, C. 21. " Act, 1773, C. 1. 



THE JUDICIAL SYSTEM 121 

The County Courts also had jurisdiction, concurrent with 
the Provincial Court, in all matters testamentary within their 
respective Counties until 1673, when the Prerogative Court 
was established, which however, still left them with jurisdic- 
tion over guardians and orphans, and of the estates of orphans, 
with full power to protect the latter from waste or loss. 1 It 
was especially incumbent upon them to see that orphans were 
educated, and if their estates were insufficient to admit of this, 
they were to be apprenticed. The June term was known as 
the "orphan's term," at which it was made the duty of the 
Court to ascertain whether orphans were being maintained and 
educated according to their estates, and whether apprentices 
were being taught their trade and properly treated, and to cor- 
rect any misconduct or dereliction of duty on the part of the 
guardians or those with whom the apprentices were placed. 2 

In 1773 the County Court were given jurisdiction in 
equity, concurrently with the Court of Chancery, in actions 
not exceeding £20 sterling or 5,000 lbs. of tobacco. 3 

From the judgment of the County Courts, an appeal would 
lie to the Provincial Court. At first the right of appeal was 
without limitations, but in 1692 it was restricted to causes 
in which the debt or damages amounted to not less than 1,200 
lbs. of tobacco,* which, in 1713, was made equivalent to £6 
sterling. 5 

Upon this footing the County Courts remained until the 
revolution, after which they were reorganized and the several 
Counties laid off into districts to be presided over by a "Chief 

Archives (Ass. Pro. 1654) p. 354; Ibid, 1663, P- 493- 
2 Act, 1715, C. 39- a Act, 1763, C. 22. 

Either as a matter of practice or by rule of court, persons were 
prohibited from suing out writs when plaintiffs, and appearing and 
confessing judgment when defendants, except through an attorney. 
This being represented to the General Assembly "as a great grievance" 
an Act was passed making it "lawful for all persons within the Province 
to order out process in their own names without any titling from an 
attorney"; and also that they should have the right "to appear and 
imparle till next court, or to confess judgment to any action" brought 
against them. — Act, 1716, C. 20. 

4 Archives (Ass. Pro. 1692) p. 444. 5 Act, 1713, C. 4- 



122 COLONIAL MARYLAND 

Judge, learned in the law, and two associates of integrity, 
experience and knowledge," 1 and thus they became merged 
into the more comprehensive tribunals known as the County 
Court of a specified judicial district, and subsequently as the 
Circuit Court of a specified judicial circuit. 

It is recorded that the first Court held on the Eastern 
Shore of Maryland — the one erected for Kent in 1637 — was a 
Court Leet, 2 but the commission 3 by which the Justices of that 
court were named, and its jurisdiction defined, indicates that 
it was not a manorial Court Leet, but was a tribunal similar 
to the County Court as subsequently erected. 

That Manorial Courts, however, had practical existence 
in early Maryland, has been incontestably established 4 and the 
discovery of the valuable and unique records of St. Clement's 
Manor, not only show the method of holding them, but also the 
scope and character of their jurisdiction. This record, which 
is carefully preserved in the Maryland Historical Society, and 
which is believed to be the only one of its kind extant, though 
heretofore published, is here reproduced in the following note f 

1 Act, 1790, C. 23. 2 Bozman, p. 39, note. 

3 Archives (CI. Pro.) p. 62. 

* See Johnson's interesting monograph "Old Maryland Manors." 

8 RECORDS OF THE 

COURT LEET AND COURT BARON 

OF ST. CLEMENT'S MANOR, 1659-72. 

St. Clements » A Court Leet & Court Baron of Thomas Gerard Esq«" 

Manour ) S there held on Thursday the xxvii th of October 1659 
by J no Ryves gent Steward there. 
Constable: Richard ffoster Sworne. 
Resiants: Arthur Delahay: Robte Cooper. Seth Tinsley: Willm at 

Robt e Coles: Jno Gee Jn° Green Benjamin Hamon Jn° Mattant. 
ffrehold rs : Robt e Sly gent: Willm Barton gent: Robt e Cole: Luke 

Gardiner: Barthollomew Phillips: Christopher Carnall: Jn° Norman: 

Jno Goldsmith. 
Leaseholders: Thomas Jackson: Rowland Mace: Jn° Shankes: Richard 

ffoster: Samuell Harris: John Mansell: Edward Turner: ffrancis 

Sutton with Jn° Tennison. 



THE JUDICIAL SYSTEM 123 

Considering- the large revenues that accrued to the lord of 
manor from the manorial courts, and the dignity incident to 
the exercise of the judicial powers attached to them, it may 



Jury and •> Jn° Mansell 
Homages jBartholl: Phillips 

Jn° Shankes 

Jn° Gee 

Edward Turner 

Seth Tinsley 



Jn° Tennison 
Jn° Goldsmith 

Sworne { n ° M <f ant \ Sworne 
Sam: Harris 

Jn° Norman 

xofer Carnall 



Ord t Ag t Sam: Wee the aboue named Jurors doe p r sent to the Cou rt 

Harris that wee finde how about the 3 d day of octob r 1659 that: 

Jmprimis wee pfsent that about the 3 d of October 1659 that Samuell 

Harris broke the peace wt h a Stick and that there was bloudshed 

comitted by Samuell Harris on the body of John Mansell for wc h hee 

is fined 40 1 tob v^ h is remitted de gratia dni. 

Wee doe find that Samuell Harris hath a license fro' the Gou'no r & wee 
conceive him not fitt to be p r sented. 
Ord r Ag t Robt e Jtem wee p r sent Robert Cole for marking one of the 
Cole Lord of the Manno rs hoggs for wch hee is fined 2000 1 

Tobco affered to 10001. 

Jtem wee prsent Luke Gardyner for catching two wild hoggs & not 
restouring the one halfe to the Lord of the Manno r whch he ought to haue 
done & for his contempt therein is fined 2000 1 Tobco affered to 200 1 of 
Tobco. 

Jtem wee p r sent that Cove Mace about Easter last 1659 came to the 
house of John Shancks one of the Lord of the Manno rs tenants being 
bloudy & said that Robin Coox & his wife were both vpon him & the 
said John Shancks desired John Gee to goe w th him to Clove Maces 
house & when they the s d John Shancks & John Gee came to the said 
Cloves his house in the night & knocked att the dore asking how they 
did what they replyed then the s d John Shancks & John Gee haue 
forgotten But the s d John Shancks asked her to come to her husband 
& shee replyed that hee had abused Robin & her and the said John 
Shancks gott her consent to come the next morning & Robin vp to bee 
freinds w th her husband & as John Shancks taketh shee fell downe 
on her knees to be freinds w th her s d husband but hee would not bee 
freinds w th her but the next night following they were freinds and 
Bartholomew Phillipps saith that shee related before that her husband 
threatened to beate her & said if hee did shee would cutt his throat 
or poyson him or make him away & said if ever Jo: Hart should come 
in agayne shee would gett John tp bee revenged on him & beate him 
& hee heared the said William Asiter say tht shee dranke healths to 
the Confusion of her husband and said she would shooe her horse 
round & hee the said Bartholomew Phillips heard the said Robin 



i2 4 COLONIAL MARYLAND 

be safely assumed that they were held where ever the right to 
do so existed, and where conditions suited ; though they ap- 
pear to have given away to the early County Courts at a com- 
paratively early date. 

say if ever hee left the house Cloves should never goe w th a whole face. 
Jt is ordered that this businesse bee transferred to the nex County 
Co rt according to Law. 

Also wee present John Mansell fore entertayning Beniamyn Hamon 
& Cybill his wife as Jnmates Jt is therefore ordered that the s d Man- 
sell doe either remove his Jnmate or give security to save the pish 
(parish) harmless by the next Co rt vnder payne of 1000 1 Tobco r . 

Also we p r sent Samuell Harris for the same and the same order is on 
him that is on John Mansell. 

Also wee present the Freeholders that have made default in their 
appearing to forfeit 100 1 Tobco a neice. 

Wee doe further p r sent that our Bounds are at this p r sent unpfect & 
very obscure. Wherefore w th the consent of the Lord of the Mannor 
Wee doe order that every man's 1? nd shall bee bounded marked and 
layed out betweene this & the next ,Co rt by the p r esent Jury w th the 
assistance of the Lord vpon payne of 200 1 Tobco for every man that 
shall make default. 
St.. Clements ) At a Court Leet & Cu rt Baron of Thomas Gerard 

I gst 

Manno r ) Esqr there held on thursday the 26th of Aprill 1660 

by John Ryves Steward there 
Constable Richard ff oster. 
Resiants Robert Cowx William Roswell John Gee John Green Beniamin 

Hamon. 
Freeholders: Robert Sly gent Will'm Barton gent Robt Cole Luke 

Gardiner Christopher Carnall John Norman John Goldsmith. 
Leaseholders Thorn's Jackson Richard ffoster Samuell Norris John 

Mansfeild Edward Turner John Shancks Arthur Delahy Clove Mace 

John Tennison. 
Jury and ) Christopher Carnall "1 Richard Smith "1 



Homage ) John Tennison 
John Gee 
Edward Turner 
Beniamin Hamon 
John Greene 



John Norman 
John Love 
George Harris 
Willm Roswell 
Walter Bartlett 



Wee the above named Jurors doe p r sent to the Co rt Luke Gardiner 
for not doeing his Fealty to the t Lord of the Manno r . Jt is ordered 
therefore that he is fined 1000 1 of Tobcoe. 

Wee p r sent fower Jndians, viz* 

for breakinge into the Lord of the Manno rs orchard whereof three 



THE JUDICIAL SYSTEM 125 

Before the Manorial Courts — the Court Leet and Court 
Baron — controversies between the residents of the manor and 
all important business relating to the manor, were determined. 

The Court Leet, was the court of the people. The steward 
of the manor presided, and the jury and officers were chosen 
from the residents of the manor, the attendance of all of whom, 



them were taken & one ran away & they are fyned 20 arms length of 
Roneoke. 

We p r sent also two Jndian boys for being taken w th hoggs flesh & 
running away fro' it & they are fined 40 arms length. 

Wee p r sent also a Cheptico Jndian for entringe into Edward Turners 
house & stealinge a shirt fro' thence & hee is fined 20 arms length if 
he can be knowne. 

Wee prsent also Wickocomacoe Jndians for takeinge away Christo- 
topher Carnalls Cannowe fro' his anding & they are fyned 20 arms 
length if they bee found. 

Wee prsent also the King of Cheptico for killing a wild sow & took 
her piggs & raysed a stock of them referred to the hoble Gounor. 

Wee concieve that Jndians ought not to keepe hoggs for vnder ptence 
of them they may destroy all the hoggs belonginge to the Manno r & 
therefore they ought to bee warned now to destroy them else to bee 
fyned att the next Court Referred to the ho bIe the Gou'no 1 ". 

We reduce Luke Gardiners fyne to 50 1 of Tobcoe. 

Wee am'ce the fower Jndians to 50 arms Length of Roneoke & the 
Jndian that had his gun taken fro' him to bee restored agayne to the 
owner thereof 

The Jndian boys wee am'ce 40 arms Length of Roneoke as they are 
above am'ced. 

Wee am'ce the Cheptico Jndian for stealing Edward Turners shirt to 
20 arms length of Roneoke. 

Wee am'ce also Wickocomacoe Jndians for takeinge away Christo- 
pher Carnalls Cannowe to 20 arms Length of Roneoke. 

Memorand that John Mansfeild sonne of — Mansfeild deceased 

came into this Co did atturne tent to the Lord of this Manno r . 

S T Clements 1 A Court Leet & Court Baron of Thomas Gerrard esquire 
Manno r ) there held on Wednesday the Three & Twentieth of 
October 1661. by Thomas Mannyng Gent Steward there for this tyme 
Bailiff William Barton Gent. 
Constable Raphael Haywood Gent 
Resiants M r Edmond Hanson George Bankes ffrancis Bellowes Tho: 

James John Gee Michaell Abbott. 
ffreeholders Robt Sly Gent Will Barton Gent Luke Gardiner Gent, 
absent Robt. Cole Gent. Raphael Haywood Gent Bartho Phillips Gent. 



126 



COLONIAL MARYLAND 



between the ages of twelve and sixty was required. It had 
jurisdiction over the police regulations of the manor, and 
offenses of a criminal nature, except those punishable with loss 
of life or limb, among them "such as have double measure, 
buy by the great and sell by the less ; such as haunt taverns and 
no man knoweth whereon they do live; such as sleep by day 
and watch by night, and fare well and have nothing." It 



Jury 



Rich: ffoster 
Edward Conoray 
Edward Runsdall 
John Shankes 
John Knape 
Gerett Brenson 
Clove Mace 
Robt Cooper 
Arthur De La huy 
John Tenison 



Jury and 
Homage 



Robt Cole 
Bartho Philips 
Edward Conovay 
Edward Ransdell 
Gerett Brenton 
Clobe Mace 
Edmond Hanson 
Robt Cooper 
Arthur De La hay 
Wm Rosewell 
Tho; James 
Mich. James 



[Several leaves of the record missing] 

The Court adiorned till two of the Clocke in the afternoone. 

John Gee and Rich, foster sworne 

The Jury presents that Bartho: Phillips his Landes not marked and 
Bounded Round 

The Jury Likewise present that the Land belonging to Robt Cooper 
and Gerett Breden is not marked and bounded Round. 

The Jury Presents Robt Cooper for Cutting of sedge on S l Clements 
Jsland and fowling wthout Licence for w** he is Amerced 10 1 of Tob. 
Affered to 101 of Tob. 

The Jury Present that Edward Conoray while he was Rich fosters 
servant did by accident worray or Lugg w th doggs on of the L d of the 
manno rs Hoggs and at another tyme Edward Conoray going to shoot 
at ducks the dog did Run at somebodys Hoggs but we know not whose 
they were and did Lugg them for wc h the Jury doe Amerce Rich: ffoster 
501 of Tob. Affered to 201 Q f Tob 

The Jury presents Mr Luke Gardiner for not appearing at the Lords 
Court Leet if he had sufficient warning 
S T Clements -i A Court Leet of Thomas Gerard Esqr. there held on 

Manno r J SS Thursday the eighth day of September 1670. by 
James Gaylard gent steward there. 
Essoines: Benjamin Salley gent James Edmonds Rich d Vpgate Capt 
Peter Lefebur these are essoined by reason they are sick and cannot 
attend to their suit. 



THE- JUDICIAL SYSTEM 127 

also exercised supervision over the trade on the manor, "fixed 
the price of bread and ale," and enforced its game laws and 
ordinances against the sale of impure food. It could not 
punish by imprisonment, but could impose fines, all of which 
went to the lord of the manor. 



ffreeholders: Justinian Gerard gent, Robte Sly gent, Thorn Notley 
gent, Capt Luke Gardiner, Benjamin Salley gent, Robert Cole, Bar- 
thollomew Phillipps, Jn° Bullock W m Watts, James Edmonds, Richard 
Vpgate, Simon Rider, Jn° Tenison, Richd ffoster, Edward Connory, 
Jn° Shankes, Jn° Blackiston. 

Leaseholders: Robte Cowper Capt Peter Lefebur, Henry Shadock, 
Richd Saunderson Jn° Hoskins, Thomas Catline. 

Resiants: Richd Marsh, Joseph ffowler Roger Dwiggin Thorn Casey, 
Jn° Saunders, Henry Porter, ffrancis Mondeford W m Simpson W m 

Georges George B es W m West, W m Cheshire, Jn° Paler, Robte 

ffarrer George Keith, Joshua Lee James Green, Thorn oakely, Jn° 
Turner, Maunce Miles, Jn° Dash W m ffelstead Jno Chauntry: 



Jury Richd ffoster 
Jn° Tenison 
Edward Connory 



Jn° Blackiston 
J n» Stanley 
Richd Saunderson 



Robte Cowper I Sworne J n o Bullock 



Thorn Cattline Thom oakely 

W m Watts J Jno Paler 



Sworne 



Bavliff Jn° Shankes & Sworne. 

Presentm ts : Wee prsent that Barthollomew Phillips his land was not 
layd out according to order of Court formerly made wherefore he is 
fined one hundred pounds of tobacco & caske unto the Lord. 

We p>"sent John Tenison for suffering his horse to destroy John 
Blakiston's Corne field. 

We p r sent that Jn° Stanley and Henry Neale killed three marked 
hogs vpon the Lords Mano r wc* 1 Capt Gardiner received w^ hogs were 
not of Capt Gardiner's proper marke which is transferred to the next 
Provinciall Court, there to be determined according to the Law of the 
Province. 

We p r sent that Edward Connery killed or caused to be killed five 
wild hogs vpon the Lords Manor this was done by the Lords order and 
Liscense. 

We p r sent that the Lord of the Manno r hath not provided a paire of 
stocks, pillory, and Ducking Stoole Ordered that these Jnstrum ts of 
Justice be provided by the next Court by a generall contribution 
throughout the Mano r 

We p r sent That Edward Convery's land is not bounded in 

We p r sent that Thomas Rives hath fallen five or sixe timber trees 



128 COLONIAL MARYLAND 

The pillory, ducking-stool, and stocks were the usual 
instruments of punishment. It would also make by-laws for 
the government of the manor, and elected the manor bailiffs, 
constables, assessors, and ale-tasters. 

The Court Baron was the court of the freeholders, the 
jury being selected from that class exclusively, and before it 
were tried all matters in dispute between the lord of the manor 
and his tenants, as well as all questions of title, trespass, and 
debt, between the tenants, and all other matters of a civil 
nature, relating to the general welfare of the manor. 

vpon Richard ffosters land within this Mano r referred till view may be 
had of Rives his Lease 

We p r sent That Robert Cowper's land is not bounded according to a 
former order for which he is fined 100 1 tobco. 

We p r sent that Jn° Blackiston hunted Jn° Tenisons horses out of 
the sd Blackistons corne field fence which fence is proved to be insuffi- 
cient by the oathes of Jno Hoskins and Daniell White. 

We p r sent Richard ffoster to be Constable for this Mano r for the 
yeare ensuing who is sworne accordingly. 

We p r sent that Jn° Bullocks land is not bounded. 
We p r sent M r Thomas Notley, M r Justinian Gerard & Capt Luke 
Gardiner, freeholders of this Mano r : for not a appearing to do their 
suit at the Lords Court wherefore they are amerced each man 50 1 of 
tobacco to the Lord. 

Jt is ordered That every mans land w th in this Mannor whose bounds 
are vncertein be layd out before the next Co rt in p r sence of the great- 
est part of this Jury according to their severall Grants vnder penalty of 
100 1 tobco for every one that shall make default. 
Affeir Thomas Catline -i 

Willm Watts' } Sworne - 

S T Clements } A Court Leet & Court Baron of Thomas Gerard 
Mano r \ SS Esqr there held on Monday the 28th of October 1672 
by James Gaylard gent Steward there, 
Essonies 

ffreeholders. Justinian Gerard gent Gerard Sly gent Thomas Notley 
gent Benjamine Sally gent Capt Luke Gardiner Robte Cole Bartholo- 
mew Philips Jn° Bullock. W m Watts James Edmonds Richard Vpgate 
Simon Rider John Tennison Richard ffoster Edward Connory Jn° 
Shankes Jn° Blackiston Thomas Jourdaine. 
Leaseholders Capt Peter Lefebur Henry Shaddock Richard Saunderson 

Jno Hoskins Thomas Catline. 
Resiants Joseph ffowler Roger Dwiggin Henry Porter W m Simpson 
William Georges W m West W m Cheshire Jn° Paler Joshua Lee Maurice 



THE JUDICIAL SYSTEM 129 

The extinction of Manorial Courts in Maryland, it has 
been suggested, was due to the introduction of slavery, with 
whom manors could be made more profitable than with 
tenants, and with whom the system of private jurisdiction was 
no longer necessary. 

"The Court Baron and Court Leet, having served their 
term were cast aside. If they played no great part in the his- 

Miles Jno Dash W m ffelstead Richard Chillman Robte Samson Henry 
Awsbury Jn° Hammilton W m Wilkinson Abraham Combes Willm 
Harrison Jno Rosewell Vincent Mansfeild Edward Williams Marma- 
duke Simson Nicholas Smith Humphry Willey James Traske Derby 
Dollovan Jn<> Vpgate Thomas Rives Michaell Williams Jn° Sprigg 
Charles Rookes ffrancis Knott Richard Hart Willm Polfe Thomas 
Attaway James Green Jn° Ball Thomas Liddiard Edward Bradbourne 
Jn° Suttle Jn° Lee Jn° Barefoot ffrancis Wood. 
Jury W' m Watts 1 Jno Bullock ^ 

Jn° Tennison I Thorn oakly 

Jn° Rosewell [ Thorn Jorden ' 

Jno Stanly j Sworne Jn° Hoskins [ Sworne 

Richard Saunderson | Jn° Paler 

ffrancis Knott J Vincent Mansfeild j 

Edward Bradbourne complaineth agt Jn° Tennison that he unjustly 
deteineth from him 200 1 tobco to the contrary whereof the s d Tennison 
having in this Coart taken his oath the s d Bradbourne is nonsuited. 

We prsent Jno Dash for keeping hoggs & cattle upon this Manno r 
for wh ch he is fined 1000 1 tobco. 

We p r sent Henry Poulter for keeping of hoggs to the annoyance of 
the lord of the Mano r . Ordered that he remove them within 12 days 
under paine of 4001 tobco & cask. 

We p r sent the s d Henry Poulter for keeping a Mare & foale upon this 
Mano r to the annoyance of Jn° Stanly ordered that he remove the s d 
mare & foale w th in 12 daies vnder paine of 400 1 of tobco & caske 

We p r sent Joshua Lee for injuring Jn° Hoskins his hoggs by setting 
his doggs on them & tearing their eares & other hurts for which he is 
fined 100 1 of tobco & caske. 

We p r sent Humphry Willy for keeping a tipling house & selling his 
drink without a License at unlawful! rates for wc h he is fined according 
to act of assembly in that case made & provided 

We p r sent Derby Dollovan for committing an Affray and Shedding 
blood in the house of the sd Humphry Willy Ordered that the sd Dolo- 
van give suretys for the peace. 

We p r sent W m Simpson for bringing hoggs into this Mano r for which 
he is fined 3 1 of tobco And ordered that he remove them in 10 days 
vnder paine of 300 1 of tobco & caske 



130 COLONIAL MARYLAND 

tory of the State, they are interesting as an extinct species. * * * 
connecting the life of the present with the life of the past." 1 
The Prerogative Court was the court for the probate of 
wills and for the administration of all matters testamentary. 
Until 1673, these were within the jurisdiction, concurrently, 
of the Provincial Court and the County Courts, but in that 
year Baltimore created the office of Commissary General, "for 

We prsent Robte Samson & Henry Awsbury for selling drinke a d 
unlawful rates for which they are each of them fined according to Act 
of Assembly. 

We p r sent Simon Rider for keeping an under tenant contrary to the 
tenor f his Deed referred till view may be had of the s d Deed. 

We p^ent that Raphaell Haywood hath aliened his ffreehold to 
Simon Rider upon w * 1 alienacon there is a reliefe due to the lord. 

We p r sent an alienacon from James Edmonds to Thomas Oakely 
upon wc h there is a Reliefe due to the lord and Oakely hath sworne 
fealty. 

We prsent that upon the death of M r Robte Sly there is a Releief 
due to the lord & that. M r Gerard Slye is his next heire who hath 
sworne fealty accordingly. 

We prsent an alienacon from Thomas Catline to Anne Vpgate. 

We prsent that upon the death of Richard Vpgate there is a Releife 
due to the lord & [Annie] Vpgate his relict is next heire. 

We prsent M r Nehemiah Blackiston tenant to the land formerly in 
possession of Robert Cowper M r Blackiston hath sworne fealty accord- 
ingly. 

We p r sent an alienacon from W m Barton to Benjamine Sally gent 
upon wck there is a Releife due to the lord & M r Sally hath sworne 
fealty to the lord. 

We prsent an alienacon from Richard ffoster of p* of his ffreehold to 
Jn° Blackiston upon which there is a Releife due to the lord 

We prsent a Stray horse taken upon this Manor and delivered to the 
lord 

We p r sent Robte Cole for not making his appearance at this Court 
for which he is amerced 10 1 of tobco affeired to 6 1 of tobco. 

We p r sent Edward nder to be Constable for this yeare ensuing 

Sworne accordingly. 
AffeiroRs W m Watts > „ 

Jno Bullock [ Sworne ' 

^'Old Maryland Manors", from which most of the data relating to 
Manorial Courts was obtained. 

For an account of the manorial system in Maryland, see chapter, 
"The Land Tenure of Colonial Maryland. 



THE JUDICIAL SYSTEM 131 

the probate of wills and granting of letters of administration 
within the whole province", and with full power to adjudge 
and decree upon all matters and causes incidental thereto. 1 
The Clerk of the Secretary of the Province was at the same 
time directed to deliver to the Commissary General, all records 
and papers relating to the testamentary business within the 
Province, which was accordingly done, and, in April, 1673, 
the Prerogative Court was formally opened. 

It was a prototype of the old English court of that name, 
over which the Archbishop presided, it being his "prerogative" 
to take charge of all matters testamentary. 

The Commissary General was required to hold court once 
in two months, or oftener, if necessary ; to conduct the pro- 
ceedings "according to the laws of England, where no law 
of the Province prevailed", and he was invested with the 
same powers to enforce his orders and decrees as was possessed 
by the High Court of Chancery. 2 

It was also incumbent upon him to appoint a Deputy 
Commissary for each county who could probate wills, grant 
letters of administration in their respective counties, and pass 
accounts not exceeding £50 in money, 3 which, in 1763, was 
extended to £150 currency, 4 though, by special commission 
from the Commissary General, they could pass accounts with- 
out limitation as to amount. 5 They could not, however, decide 
any question in controversy, either as to the right of adminis- 
tration or the passing of accounts, all of which had to be sub- 
mitted to the decision of the Commissary General." 

The Deputy Commissaries were required by rule of court, 
to make their returns to the Commissary General every two 
months, with a list of every paper filed within that period, and 
to transmit annually, a full list of all administrations granted, 
wills probated, and accounts passed, in their respective offices, 
as well, also, a "list of alienations of land", consisting of an 

Archives (CI. Pro. 1673) p. 24. 2 Act, 1715, C. 39- 3 Ibid. 
4 Act, 1763, C. 18. e Ibid. "Act, 1715, C. 39- 



132 COLONIAL MARYLAND 

abstract of each of said wills, giving the name, quantity, and 
location of the lands devised, and the name of the devisees. 1 

It was the practice, also, for the Deputies, after recording 
the wills probated in their respective counties, to transmit 
them, together with inventories, accounts, and distributions 
appertaining to the settlement of each estate, to the Commis- 
sary General, who placed them on record in the general office. 
As a result of this practice, owing to the destruction of the 
testamentary and other records in so many of the counties, the 
records of the Prerogative Court are among the most valuable 
in the Archives of the State. 

The Commissary General was in turn required to transmit, 
within three months after final distribution, a copy thereof to 
the County Court of the county in which the estate was lo- 
cated, in order that such part of it as belonged to orphans 
could be under supervision of that court. 2 

The Court held six terms a year, commencing on the sec- 
ond Tuesday of January, March, May, July, September, and 
November, 3 and it was supported by the fees of the office. 4 

From the decisions of this Court, an appeal could be 
taken within thirty days, to a Court of Delegates, appointed 
especially for the purpose, and whose decree was final. 5 

The Prerogative Court did not survive the Revolution, 
one of the earliest acts of the infant republic being to declare 
that under "the form of government assented to by the free- 
men of this State", it was intended that the Prerogative Court 
should be abolished. This was accordingly done, and an 
Orphans' Court, with a Register of Wills for each county, was 
instituted in its stead. 6 

The High Court of Chancery was not organized until 
1661/ prior to which time the Governor and Council had 
exercised jurisdiction over all matters in equity. The Court 
was presided over by one judge, denominated Chancellor, who 

1 Deputy Commissaries Guide, pp. 154, 155. 

2 Act, 1715, C. 39. 3 Dep. Com. Guide, p. 154. 
4 Act, 1763, C. 18. 5 Act, 1726, C. 9. 
6 Act, 1777, C. 8. 7 Archives (CI. Pro. 1661) p. 439- 



THE JUDICIAL SYSTEM 133 

was appointed by the Proprietary. 1 Two associates, called 
Masters in Chancery, were appointed, as in England, to sit 
with him, until 1721, when that feature was abolished, after 
which the office of Master appears to have merged into that 
now known as Examiner. 2 The clerk of the court, called the 
Register, was appointed by the Secretary of the Province. 3 

The Chancellor was made keeper of the Great Seal, and, 
as such, sealed all patents, commissions, writs, and other 
public instruments.* The emoluments of the office consisted 
of fees for each and all of his official acts, and which rendered 
it one of the most lucrative in the Province. 5 

In its earlier history, the Court held only four terms a 
year, but after 1719, it was, like the High Court of Chancery 
in England, presumed to be always open. 6 

The Court of Chancery had exclusive jurisdiction over all 
matters in Chancery, where the amount involved exceeded 
1200 lbs. of tobacco, or £5 in money, 7 and was co-extensive 
with the Province, but, after 1763, the County Courts had 
concurrent jurisdiction where the amount did not exceed £20 
sterling, or 5,000 lbs. of tobacco. 8 It also had exclusive juris- 
diction over trust estates, 9 and was the only tribunal through 
which alimony was recoverable, though not until a late period 
did it have authority to decree divorce. 10 

Decrees of the High Court of Chancery were subject to 
the same stay of execution for six months as judgments of 
the Courts of Common Law, when superseded in the same 
manner. 11 

While the Court of Chancery was established in Maryland 
from an early date, it was a long time before any provision 
was made looking to an appeal from its decisions, during 
which time its decrees, like those of the High Court of Chan- 
cery in England, originally, were final and conclusive. 

Acts of Assembly were passed, from time to time, regu- 

1 Ibid, 1673, p. 12- a Bland, 2, pp. 54-60. 

3 Archives (CI. Pro. 1673) p. 24. 4 Ibid, 1677, p. 161 ; Act, 1763, C. 18. 
5 Act, 1763, C. 18. 6 Bland, 1, p. 624; Ibid, 2, p. 59. 

7 Act, 1715, C. 41. 8 Act, 1763, C. 22. 9 Act, 1773, C. 7- 

10 Bland, 2, p. 566; Maryland Ch., 4, p. 293. "Act, 1721, C. 4. 



134 COLONIAL MARYLAND 

lating appeals from the Courts of Common Law, but they 
were confined to appeals from those courts, and it was not 
until 1721, that provisions were made for an "appeal from the 
Court of Chancery. 1 This Act restricted the right to appeal 
from "any decree of the Chancery Court", and did not ex- 
tend to appeals from orders or decisions, 2 a right, indeed, 
which did not exist by virtue of any legislative enactment, 
until after the Revolution. 3 

Appeals from the Court of Chancery were to the Court of 
Appeals, 4 and were subject to the same rules and limitations 
applicable to the Courts of Common Law, 5 under which no 
appeal would lie to the Court of Appeals, unless the amount 
involved exceeded £50 sterling, or 10,000 lbs. of tobacco. 8 

It was a remarkable fact, that none of the Acts of 
Assembly, regulating appeals in Chancery, prescribed any 
method for staying execution pending the appeal, the terms 
upon which the appeals might be granted, or the manner of 
making up the record, as to all of which, before the revolution, 
the Court seems to have been governed by the rules and 
practice of the High Court of Chancery in England, 7 which in 
every particular it closely resembled. 

Upon the adoption of the State Government, in 1777, the 
Court of Chancery was given constitutional recognition, 8 and 
under which, also, the Chancellor continued to be the keeper 
of the Great Seal of Maryland. 9 

A Court of Admiralty was erected in Maryland, in 1684. 
The order directing it, provided that it should consist of not 
less than four Judges, appointed by the Governor, and who 
were invested with full power, to try and condemn all ships or 
vessels found within the Province "transgressing against his 
Majestie's laws of navigation, and other laws relating to 
customs." The Court appointed its own clerk, and it was also 
authorized to appoint appraisers and summon juries. 10 It also 

'Act, 1721, C. 14. "Ibid; CI. Pro. P. L. p. 595. 

3 Act, 1785, C. 72. *Act, 1721, C. 14. 

6 Act, 1729, C. 3- "Act, 1713, C. 4. 

7 1 Bland, p. 15. 8 Constitution, Sec. 40. 

9 Ibid, 36. 10 Archives (CI. Pro. 1684) p. 360. 



THE JUDICIAL SYSTEM 135 

had a Marshal, who, with the Judges and all other officials of 
the Court, were paid by fees. 1 The Court of Admiralty was 
continued after the Revolution, but it consisted of one Judge 
only, a Register and Marshal, and sat at such places as the 
Court deemed most convenient for the trial of the cases before 
it. 8 

As early as 1732, Courts of Oyer, Terminer, and Gaol 
delivery, or as more commonly known, Courts of Assize, 
were established for the several counties of the Province, for 
the trial of crimes and offenses/ but in 1766, these were 
superseded by two Courts of Assize for the entire Province, 
one for the eastern and one for the western shore ; these Courts 
were each presided over by a Justice appointed by the Governor, 
from the Judges of the Provincial Court ; one being appointed 
from each side of the Chesapeake Bay, and sat twice a year, 
in every county within their respective districts, for the trial 
of causes arising in said county." The Justices were directed 
to make all necessary rules of Court and to enforce them by 
reasonable fines. The Sheriff of the county in which the 
court was being held was its executive officer. Fifty free- 
holders were summoned, ten days before the court met, to 
serve as grand and petit jurors, who were subject to the same 
rules as those respecting jurors in the Provincial Court. 

The jurisdiction of the Assize Courts was concurrent with 
the criminal jurisdiction of the Provincial Court, and extended 
to all crimes and offenses not recognizable in the County Courts, 
and to such, also, as were removed from the County Courts, 
a right specially given in criminal cases. 6 From their decisions 
an appeal would lie to the Provincial Court, upon bill of ex- 
ceptions, which latter, unlike appeals in criminal cases, from 
other courts, was expressly granted in appeals from the Court 
of Assize. 9 

1 Act, 1763, C. 18. 2 Hanson, Act, 1781, C. 29. 

3 ist H. & McH. Maryland Reports, p. 83. 
'Aft. 1766, C. 5- 6 Ibid. 

"Ibid; 1st H. & McH., Maryland Reports, p. 83. 



136 COLONIAL MARYLAND 

The Judges in the Assize Court each received 7,000 lbs. 
of tobacco for their compensation. 1 

The law under which these Courts were organized, was 
allowed to expire, in 1769, 2 and does not appear to have been 
revived before the Revolution. 



'Act, 1766, C. 5. 2 Hanson. 



CHAPTER IX 
The Judicial System of Colonial Maryland 



*T*HE Provincial Court of Maryland was, from the time of its 
organization to the American Revolution, the chief nisi 
prius court, and, for a long time, the chief appellate tribu- 
nal of the Province, and possessed all the powers of the high- 
est English common law courts. It did not owe its origin to 
legislative enactment, but to commission from the Proprietary, 
by which the judges, in its earlier history, were appointed and 
its jurisdiction defined. 1 But the commission did not bestow 
upon it the name, nor did any Act of Assembly do so. The 
Court was simply established, and it was apparently called the 
Provincial Court, because its jurisdiction was co-extensive with 
the Province, and in distinction to the County Court, which 
was limited to a single county. The General Assembly indeed, 
thus referred to it, and so called it as early as 1642. 2 A plaus- 
ible suggestion has been made, that, as it was at first, the Su- 
preme Court of the Province; courtesy and common parlance 
bestowed upon it the name of the Provincial Court. 3 

The Justices of the Provincial Court, at first, were the 
Governor and the Council of the Province — the former being 
Chief Justice, and in his absence, the member of the Council, 
who stood next in commission to the Governor, presided. 4 It 
sometimes happened that, the Lord Proprietary was himself 
present, and on such occasions acted as Chief Judge of the 
•court. 5 

1 Archives (CI. Pro. 1637) p. 49. 

2 Archives (Ass. Pro. 1642) pp. 147 to 152. 

3 Bozman 11, p. 304, note. i Archives (CI. Pro. 1637) p. 53. 
5 4th, H. & McH. Maryland Reports, p. 477. 



138 COLONIAL MARYLAND 

Under the earliest commission, of which there is any 
record, the Governor, in most cases, could sit alone, it being 
necessary to have the council associated only in causes which 
involved a freehold, and in crimes which extended to life or 
member, 1 but after 1642, the Council constituted a part of the 
Court, in all cases, civil and criminal. 2 A quorum consisted of 
three Judges, including the Chief Judge, 3 or the one next in 
commission, though the records show that the attendance of 
the members of the council was usually large, due perhaps, in 
part, to the fact of their compensation being a per diem. 

In 1692, the Provincial Court was organized as a distinct 
tribunal from the Governc and Council, and a Chief Judge 
with eight associates, constin ted the bench. The first Judges 
under the new organization were commissioned by the Crown,* 
but subsequently they were apjl'-inted by the Governor, and 
held their office during good beh vior, though nominally, its 
tenure was at will. 5 At a later peru d, it was strongly urged, 
that the bench of the Provincial Cour\ be reduced to a Chief 
Judge and four associates, and also that they be appointed, 
exclusively, from those learned in the Ih. /,' but this was not 
carried out, the reason assigned for the latter being, that 
"gentlemen of the law", could not be induced to serve, owing 
to the meagreness of the compensation attached to the office. 7 
While, however, not always learned in the law, the bench of 
the Provincial Court uniformly, had on it the best available 
talent within the Province, and steadily maintainec a distin- 
guished rank for dignity, character and sound administration 
of justice. Among the noted justices who were long associated 
with it, may be mentioned the names of Chief Justices Calvert, 
Brice and Hayward, and associates Addison, Brooke, Tench, 
Courts, Goldsborough, Henry, Mason, Darnall, Hall, Hooper, 
Weems, Bordley, Jennifer, Hands, Hepburn and Leeds. 

1 Archives (CI. Pro. 1637) p. 53. 

2 Archives (Ass. Pro. 1642) p. 147. 

3 Archives (CI. Pro. 1637) p. 53. 

4 Archives (CI. Pro. 1692) p. 307. 

e Archives, Sharpe's Cor. pp. 7, II. 

6 Ibid. 7 Ibid, p. 334- 



THE JUDICIAL SYSTEM 139 

The Provincial Court commonly sat at Saint Mary's while 
it was the seat of government though, as a matter of public 
convenience, sessions of the court were sometimes held in 
other parts of the Province, but in 1699, Annapolis was made 
the seat of the court and the place also, where all of its writs 
and processes were returnable. 1 The Court was convened by 
the beat of a drum, until 1681, when a bell was procured 
for that purpose, and for convening the General Assembly.' 
The Clerk of the Provincial Court was appointed by the 
Secretary of the Province, 3 and the Sheriff of the County was 
its executive officer, both of whom,- together with the Crier 
and Bailiff of the court, were par . by fees/ The justices of 
the Provincial Court were requit r i to make all necessary rules 
for the proper government of the court, and to purchase for 
its use, the Statutes of Engl?t~d and Dalton's Justice. 5 

The jury for the Provincial Court was taken from the 
whole Province, every county being required to furnish two 
grand and three petit jurors, for each term of the court, who 
were selected and summoned by the sheriffs of their respective 
counties, and who v ,^re entitled to twenty days' notice. 6 In 
all other respects, the manner of selecting the jury of the 
Provincial Court, as well as the questions of disqualification 
and exemption from jury service, were determined by the 
same rule as those which prevailed in the County Courts, 
except that the penalty for failure to serve was larger — 
being 1,000 lbs. 7 of tobacco — as was, also, their compensa- 
tion, whLh, in the case of the grand jury, while within the dis- 
cretion of the Court, might have been as much as 3,000 lbs. 8 
of tobacco a piece, per term, subsequently increased to 6,000 
lbs." and 48 lbs. a piece for itinerant charges. 10 The petit jury 
received the same itinerant charges, 11 and 30 lbs. of tobacco a 

a Act, 1699, C. 19. 

2 Archives, Act, 1681, p. 144. 

8 Archives, CI. Pro. 1671, pp. 23-136. 

*Act, 1763, C. 18. "Act, 1715, C. 41. 

•Act, 1715, C. 37- T Ibid. 8 Ibid. 

'Act, 1760, C. 16. 10 Ibid. ^ Ibid. 



i4o COLONIAL MARYLAND 

piece, for each day of attendance, 1 subsequently increased to 48 
lbs., 2 besides the 120 lbs. allowed to the panel in each case 
in which they were sworn, 3 but later reduced to 96 lbs./ all 
of which was paid out of the public levy, 5 except the allowance 
to the panels of petit juries, which, as in the County Courts, 
was taxed as a part of the costs of the case. 6 

The law relating to witnesses before the Provincial Court, 
was the same as that applicable to them in the County Courts ; 
except that their compensation was larger, being 40 lbs. of 
tobacco per diem, and itinerant charges, collectable as witness 
fees in the County Courts, 7 except also, that before they 
could be amerced for failure to attend, their reasonable charges 
had to be tendered, 8 but fees of witnesses whom the Court 
deemed unnecessary, could not be taxed as a part of the 
costs of the case, and in no instance could fees be taxed of more 
than three witnesses upon any one question of fact. 9 The 
Justices of the Provincial Court were also paid a per diem, 
their compensation being 140 lbs. of tobacco and itinerant 
charges for each day of attendance, which was paid out of the 
public levy of the Province. 10 The terms of Court were probably 
prescribed by rule of court, as no Act of Assembly or order of 
the Proprietary appears to have been passed for that purpose. 
Its terms were April, May, July, September, and October. 11 

Under the acts regulating practice in the Courts of the 
Province, continuances could not be allowed, unless stayed by 
injunction, beyond the fourth term after the appearance term, 
and should the case not be disposed of by that term, if through 
default of the plaintiff, it was to be dismissed with costs ; if 
through default of the defendant, judgment was to be awarded 
to the plaintiff, and if through the counsel on either side, the 
attorney in default was subject to a forfeiture of 5,000 lbs. 



'Act, 1715, C. 37- 2 Act, 1760, C. 16. 

3 Act, 1719, C. 3- *Act, 1760, C. 16. 

5 Act, 1715, C. 37- "Ibid; Act, 1719, C. 3; Act, 1760, C. 16. 

'Act, 1715, C. 37- 8 Act, 1692, C. 16. 

"Act, 1760, C. 16. 10 Act, 1716, C. 11. 

11 1st H. & McH. Maryland Reports; 4th Ibid Appendix. 



THE JUDICIAL SYSTEM 141 

of tobacco and the costs of the suit, 1 but later this time was 
extended, when the court was sitting as an appellate tribunal, 
to the period of two years from the end of the appearance 
term. 2 Where the plaintiff was desirous of a more speedy trial, 
and had a copy of the declaration and writ served upon the 
defendant twenty days before the appearance term, the court 
was required to compel the defendant to proceed to trial at 
that term, and upon failure to do so without sufficient cause, 
to enter judgment for the plaintiff. 3 

Causes were to be determined according to the "very right 
of the cause," and without regard to such omissions and errors 
as are usually taken advantage of by special demurrer, but this 
did not apply to the writ or declaration in civil, or to the in- 
dictment and other process in criminal causes. 

Attorney's fees were also regulated by the judicature Acts 
of the Province, the maximum fees for prosecuting cases in the 
Provincial Court, being 400 lbs. of tobacco; in the Court of 
Appeals, Admiralty Court, and Court of Chancery, 600 Ibs.> 
and in the County Courts, 100 lbs., unless the judgment re- 
covered exceeded 2,000 lbs. of tobacco, in which case the sum 
of 200 lbs. of tobacco could be charged. 1 The penalty for de- 
manding or receiving larger fees than those prescribed by law, 
was disbarment. 5 

x Act, 17,21, C. 14. 

2 Act, 1730, C. 16. 3 Act, 1763, C. 23. 

*Act, 1715, C. 14. 5 Ibid. 

No Attorney could practice before the Provincial Court or the 
Court of Chancery, prior to 1715, except those who were "admitted, 
nominated and sworn," by the Governor of the Province. They could, 
however, practice before the County Courts upon being admitted by the 
Judges thereof. After 1715, the right to admit to practice in the higher 
courts was no longer limited to the Governor, but was vested in the 
Judges of the several courts. The Courts were very exacting in requir- 
ing Attorneys to be regular and punctual in their attendance, and the 
records furnish repeated instances in which they were fined for failure 
in either respect. Under an order of the High Court of Chancery, any 
Attorney who failed to be in "Court by 8 of ye clock in Summer and 9 
in Winter," was subject to a fine of ten shillings sterling for the first 
default; twenty, for the second, and disbarment for the third. (Archives 



142 COLONIAL MARYLAND 

If a plaintiff was defeated, or discontinued the action, he 
was subject to amerciament of 50 lbs. of tobacco, if in the 
Provincial Court, to be applied as the Governor and Council 
saw fit, and 30 lbs. of tobacco, if in the County Courts, to be ap- 
plied to county charges. A like penalty was imposed upon 
every defeated defendant after imparlance (demanding time to 
plead), but this did not apply to defendants where the judgment 
was rendered at the appearance term, nor did it apply to execu- 
tors, administrators, and minors, whether plaintiff or defendant. 1 
Judgments obtained in the Provincial Courts, like judgments 
of the other Courts of the Province, were subject to a stay of 
execution for six months, provided the debtor furnished two 
sufficient suretors, who confessed judgment for the debt and 
costs. 8 

The Provincial Court was invested with both an original 
and appellate common law jurisdiction, and, until 1661, when 
the Court of Chancery was erected, it had jurisdiction, also, 
over the equity business of the Province. In its earlier history, 
it had original jurisdiction in all matters criminal and civil, 
and which was co-extensive with the Province.* This was enter- 
tained concurrently with the County Courts and the Assize 
Courts (as long as the latter continued to be a part of the judi- 
cial system) to the extent of the jurisdiction of those respective 
courts; 4 but, after 1692, the Provincial Court could only hold 
plea cases in which the amount involved exceeded 1,500 lbs. 

Ass. Pro. 1674, p. 467; Act, 1715, C. 48; Chancery Records, May 24th, 
1697, p. 355.) The State's Attorneys, or his "Lordships Attorneys," 
as they were called, were appointed by the Attorney General of the 
Province, subject to confirmation by the Council, and frequently rep- 
resented more than one county. Those appointed by Attorney General 
Robert Carville, in 1688, were, William Dent, for Saint Mary's, Charles, 
and Calvert; George Parker, for Anne Arundel; John Meriton, for 
Baltimore; Robert Smith, for Kent and Talbot; William Nowell, for 
Cecil; Thomas Pattison, for Dorchester, and James Sangster, for Som- 
erset. — Archives (CI. Pro. 1688) p. 18, 30. 

x Act, 1722, C. 12. 2 Acts, 1715, C. 33; 1721, C. 4. 

s Archives (CI. Pro. 1637) p. 49. 

4 Ibid, 1661, p. 22; Act, 1766, C. 5- 



THE JUDICIAL SYSTEM 143 

of tobacco, 1 and, in 1714, this limit was extended to £20 sterling, 
or 5,000 lbs. of tobacco. 2 

In all other common law civil cases, its original jurisdiction 
was exclusive. Thus it stood, until 1773, when its original 
jurisdiction was still further curtailed by being limited to cases 
involving not less than £100 sterling, or 30,000 lbs. of tobacco, 
and the County Courts, at the same time, were invested with 
a general concurrent jurisdiction in all cases, civil and crimi- 
nal. 8 The County Courts being so much more accessible, this 
Act, in effect, resulted largely in making them the Courts of 
first instance throughout the Province, except in cases of 
greater magnitude or of deeper gravity, and in correspondingly 
increasing the volume of business before the Provincial Court 
as an appellate tribunal. It was in its latter aspect that it stood 
out most conspicuously as the great central figure in Mary- 
land's early judicial system. 

For more than half a century the Provincial Court was the 
sole and exclusive appellate tribunal of the Province, except 
for appeals from Justices of the Peace and the Prerogative 
Court, and indeed, throughout its entire history, the records 
of its judicial work show that a large volume of business, for 
that period, was before it in its appellate capacity. 

It is true, there was established during the protectorate in 
Maryland, and that it remained a permanent institution, the 
tribunal known as the Court of Appeals, presided over by the 
Governor and Council, and which was given exclusive juris- 
diction over appeals from the High Court of Chancery; 4 but 
its common law jurisdiction was limited to appeals from the 
Provincial Court, when sitting as a court of first instance, and 
in which the amount involved exceeded £50 sterling, or 10,000 
lbs. of tobacco," and as the County Courts appear to have been 
the active nisi prius courts of the Province particularly after 
the enlargement of their jurisdiction from time to time, for 
civil, and the Assize Courts for criminal business, and over 

1 Archives (Ass. Pro. 1692) p. 447. 3 Act, 1714, C. 4. 

3 Act, 1773, C. 1. 4 Act, 1713, C. 4; Act, 1721, C. 14. 

5 Act, 1713, C. 4. 



i 4 4 COLONIAL MARYLAND 

the decisions of which Courts the Provincial Court alone had 
appellate jurisdiction, the common law appeals before the 
Court of Appeals were necessarily limited in number. 

It is here worthy of note, that the fact that the Court of 
Appeals, whose terms were February, May, July, September, 
and October, 1 heard cases during the sessions of the General 
Assembly, has led to the impression that the Legislature of 
Maryland also possessed appellate judicial powers, but this is 
an error, growing perhaps, out of the fact that the Governor 
and Council constituted both the Upper House of Assembly 
and the Court of Appeals, and that when the terms of the two 
conflicted, the business of the Court was transacted during the 
term of the Assembly. 2 

The proceedings of the Provincial Court, as reported in 
the two volumes of the Maryland Archives, entitled "Provincial 
Court, 1636 to 1658", were cases which were before it as 
a court of first instance only, the latter date being the period 
at which it commenced to exercise its appellate jurisdiction, 
its proceedings as such having been largely reported in the 
first and fourth volumes of Harris and McHenry's Maryland 

1 1 st and 4th H. & McH. Maryland Reports. 

2 The early records also furnish a few instances in which there was 
a further appeal to the King in Council, but while this right clearly ex- 
isted by virtue both of Act of Assembly and proclamation, only a few 
cases are to be found in which it was exercised, owing, perhaps, to 
the complex rules governing such appeals and the costs incident thereto. 
This right was limited in civil causes to those in which the amount 
involved exceeded £300 sterling, and, in criminal cases, to those in 
which the fine imposed was above £200 sterling. The mode of ascertain- 
ing the value of the thing in controversy was regulated by rules estab- 
lished by the King. The appeal could only be from the court of last 
resort, and had to be taken within fourteen days and prosecuted within 
a year after the judgment or decree was rendered. A bond had, also, 
to be given to pay costs and damages in case the decision should be 
affirmed. On all reaching the English Court, the case was referred to 
the "Committee on Appeals from the Plantations," who appointed the 
time and place of hearing, and reported its decision to the King in 
Council, by whom it was formally ratified. — Bland, I, p. 570, note; 1st 
H. & McH. Maryland Reports, pp. 57, 91 ; 2d Ibid, pp. 324, 346. 



THE JUDICIAL SYSTEM 145 

Reports. And in this connection, it should also be noted 
that to Maryland belongs the distinction of possessing the 
most ancient series of reported cases on this side of the 
Atlantic, the next oldest being Jefferson's Virginia Reports, 
Dallas' Pennsylvania, and Quincey's Massachusetts Reports, 
and which begin, respectively, in 1730, 1754, and 1763. 

The earliest Act relating to appeals in Maryland, was in 
1642, under which the right of appeal was without limitation, 
the appellant being simply required to give security to prosecute 
the appeal and to abide by the decision of the superior court. 1 
It did not, however, seem to encourage the exercise of the 
right, since the Court could award "double damages" to the 
party aggrieved, if it found "no cause of appeal", 2 though no 
cases are of record in which such damages were awarded. 

The next, was the Act of 1678, and which required the 
appellant to first file a bond in double the amount of the 
judgment, not only to prosecute the appeal, but to pay the 
judgment, if affirmed, together with such damages as the Court 
should award for the delay. 3 The bond served the further pur- 
pose of staying the execution pending the appeal. This Act 
provided the easy execution of appeal by a simple transcript 
of the record, under the hand of the Clerk and Seal of the Court 
— the one in practice in Maryland to-day — as contradistin- 
guished from the more complex system by writ of error, though 
the latter method was also allowed. 

The Act of 1692 imposed the first limitation upon the 
right of appeal, and which restricted it to cases in which 
the amount involved was equal to, or exceeded 1200 lbs. of 
tobacco. 4 In 1713, provision was made for the first time for 
appeal from the Provincial Court, in the exercise of its original 
jurisdiction, to the Court of Appeals. The Act provided for 
the right of appeal from the County Courts to the Provincial 
Court, where the debt or damages amounted to £6 sterling, and 
from the Provincial Court to the Court of Appeals, where 



^ct, 1642, C. 6. 2 Ibid. 

3 Archives (Ass. Pro. 1678) p. 71. 

4 Archives (Ass. Pro. 1692) p. 444. 



146 COLONIAL MARYLAND 

the debt or damages amounted to £50 sterling. 1 This Act of 
1713, and which continued in force until the Revolution, re- 
pealed all former Acts regulating appeals from the courts of 
common law, but reenacted the provisions contained in them 
relating to the method of appeal and the appeal bond. But 
these, it was held, did not apply to criminal causes, which 
could only be reviewed by the Superior Court upon the common 
law writ of error, 2 except that bills of exception were allowed 
in appeals from the Assize Courts, for which provision was ex- 
pressly made. 8 The time in which an appeal could be taken 
was, presumably, fixed by rule of court, the Acts of Assembly 
being silent upon the subject. 

Under the Constitution of 1776, the Provincial Court was 
abolished, and the Court known as the General Court, and 
presided over by three Judges of "integrity and sound judg- 
ment in law", 4 the terms of which were April and September, 
for the Eastern, and May and October, for the Western Shore, 5 
was established in its stead. 

The General Court was, in turn, abolished in 1805, when, 
upon the reorganization of the courts of the State, the County 
Courts were given its original, and the Court of Appeals, its 
appellate jurisdiction. 6 

Thus was swept away, by the waves of Revolution, that 
ancient monument of Maryland's Colonial Judicial System. 
For more than a century and a quarter, the Provincial Court 
was the chief judicial tribunal of the Province, and which, 
amid all the political fermentations and religious turmoils of 
its time steadily went on in the even pathway of duty, per- 
forming the high functions committed to it, without fear and 
without reproach, exploring and marking throughout its do- 
main in the new world, the great highways of the law, and 
building up a code of jurisprudence as a bulwark of security to 
Maryland and her people, both as a colony and as a State. 

^ct, 1713, C. 4. 

2 5th H. & J. Maryland Reports, pp. 234, 329 ; 9th G. & J., p. 7&- 
3 1st H. & McH. p. 83; Act, 1766, C. 5. * Const, Art. 56. 

5 Act, 1777, C. 15. 6 Act, 1805, C. 16. 



THE JUDICIAL SYSTEM 147 

This treatise cannot be better concluded than by subjoin- 
ing the following extracts from the admirable paper of the 
Honorable Charles E. Phelps, Judge of the Supreme Bench of 
Baltimore City, read before the State Bar Association, in 1897, 
entitled "Some Characteristics of the Provincial Judiciary" : 

Perhaps the first impression made upon the mind of the 
lawyer who looks through the old (Maryland) reports is the 
entire absence of anything like judicial reasoning. The con- 
clusion reached by the court is uniformly expressed in the 
briefest formula, with no attempt at what is called an opinion. 
This remark is applicable not only to the cases decided by the 
Provincial Court, but also to cases in the Court of Appeals, 
and to the few probate cases appealed from the Commissary 
General or Prerogative Court to the Court of Delegates. This 
absence of judicial reasoning leads to the suspicion that the 
judges of that day were not lawyers by profession. 

There exists direct evidence to this effect in the observa- 
tions of the celebrated Daniel Dulany, upon the judgment of 
the Provincial Court, in the case of West vs. Stigar, 1 H. & 
Mc. H., 247 (1767). The dissatisfied counsel in that case, 
pending, or in anticipation of a writ of error, applied to Mr. 
Dulany, the great oracle of the day, for his opinion, and 
elicited a very full one, beginning as follows: 

"On perusing the record, I am strongly of the opinion that 
the judgment of the Provincial Court ought to be reversed, 
but what may be the opinion of the Court of Appeals I should 
be more confident in predicting, if the judges were lawyers by 
profession, than I am on consideration that they are not." * * * 

From the circumstance which indirectly suggested this 
digression, the non-professional character of the provincial 
judges, it might be inferred that their decisions upon general 
principles have not been regarded as entitled to the same 
authority as those upon the construction of provincial statutes 
or customs. The same was the case in Virginia, where, as we 
learn from Mr. Jefferson, in the preface to his reports, the 
General Court consisted of the "King's Privy Counsellors 
only, chosen from among the gentlemen of the country for 



148 COLONIAL MARYLAND 

their wealth and standing - , without any regard to legal knowl- 
edge". He remarks that their decisions on English law were 
not as authoritative as those on the peculiar laws of Virginia. 
"As precedents," he adds, "they established the construction 
of our own enactments, and gave them shape and meaning 
under which our property has ever since been transmitted, and 
is regulated and held to this day." * * * * 

A less attractive feature of the provincial judiciary than 
even their want of legal learning, was their lack of official inde- 
pendence. Like all other provincial incumbents, the provincial 
judges, from the highest to the lowest, held their positions at 
the pleasure of the appointing power, the Proprietor, or his 
deputy, the Governor, for the time being. They were, con- 
sequently, looked upon as his creatures, or as Mr. McMahon 
expresses it, as his "satellites", "the mere breath of his 
nostrils". 1 In all controversies in which the interests of the 
Proprietor, or even the private interests of his dependents or 
favorites were involved, they occupied a weak and most 
unfortunate position. Whether justly or not, they were 
always liable to the suspicion of influence and favoritism. 

This habitual and suspected attitude of the Provincial 
Judges as minions of power could not fail to make a deep and 
lasting impression upon Maryland public opinion. All eyes 
were naturally turned to the jury as the real bulwark of public 
and private rights. Although summoned by sheriffs, who 
were themselves also removable at pleasure, jurors naturally 
shared the sentiments and reflected the opinions of the mass 
of the community from which they were drawn, and into which 
they were speedily to dissolve. Traditional confidence in the 
jury and jealousy of the court has in Maryland found organic 
expression in the provision, in sharp contrast with the federal 
jurisprudence of the United States, that "in the trial of all 
criminal cases the jury shall be the judges of law, as well as of 
fact". 2 



1 McMahon, pp. 157, 309-311; Calvert vs. Eden, 2 H. & McH. pp. 
345-300. 

2 Constitution, Art. 15, Sec. 5. 



THE JUDICIAL SYSTEM 149 

It has left other deep and permanent traces upon the daily 
practice in all our courts. The usage which prevails in Eng- 
land and in many of these States, both in civil and criminal 
cases, of a summing up of the evidence in a charge by the 
court has no existence in Maryland, where anything in the 
nature of a judicial balancing of evidence, or comment upon 
the weight of the testimony or the credibility of witnesses is 
scrupulously avoided. In criminal cases the court, as a rule, 
does not undertake to instruct the jury as to the law at all, 
even at the request of counsel, and when the court does advise 
the jury, at their own request, such opinion is always carefully 
guarded by some expression to show that it is not to be taken 
as binding, but as advisory only. 

Considering the length of time it has been under fire, and 
the storm of abuse which for many ages it has provoked from 
defeated litigants, the venerable palladium not only still lives, 
but may be congratulated on presenting a remarkably healthy 
and robust appearance. 

While to the lessons of provincial experience can be dis- 
tinctly traced, the tread of public opinion in Maryland, in 
securing the independence of the jury from the possible undue 
influence of the court, account is to be taken of the same 
provincial tradition, as a factor in the development of the 
peculiar sensitiveness of our people, as respects the independ- 
ence of their judges from undue influence of power. In no 
State is the popular nerve more acute, or the popular instinct 
more alert to the danger and disaster incident to the possible 
prostitution of such delicate and far-reaching functions, as 
those necessarily confided to the courts of law and equity. * * 

The two negative characteristics of the Provincial Judici- 
ary that have been referred to, their want both of professional 
training and of official independence, have left an affirmative 
stamp upon the organic law of Maryland in two well known 
provisions respecting the qualifications of judges. 1 

In like manner the provisions in the Declaration of Rights 
(Art. 8) requiring the separation of the three departments of 

1 Declaration of Rights, Art. xxxiii ; Constitution, Art. 14, Sec. 2. 



150 COLONIAL MARYLAND 

government, stands in sharp contrast with the fundamental 
policy of the provincial organism. Here we find a curious 
state of things, from the modern standpoint, powers legisla- 
tive, executive, and judicial, confounded together and massed 
in the same man, or set of men. 

The Governor and his Executive Council composed, at 
the same time, the Upper House of the General Assembly. 
They had, in addition, the exclusive legislative power in cer- 
tain cases. The Governor was (in the very early history of 
the Province) at the same time Chief Justice and Chancellor, 
as well as Lieutenant-General and Admiral. The members 
of the Council were at the same time judges of the Provincial 
Court, Judges of the Court of Appeals, and, in the infancy of 
the Province, Judges of the County Court of the oldest county. 
The Commissary General having, under the name of the 
Prerogative Court, probate jurisdiction with the appointment 
of a deputy in each county, was usually a councillor. From 
the councillors were generally appointed the Court of Delegates, 
a special and occasional Appellate Court of Probate. From 
the councillors were also commissioned in part, although not 
exclusively, the special and temporary Courts of Assize, of 
Oyer and Terminer, and General Gaol Delivery for the several 
counties. The Judges of the Land Office, when the tribunal 
was established, were often also councilors. In fact, above 
the rank of Justices of the Peace and County Commissioners, 
who held the County Courts, the whole body of the Provincial 
Judiciary served, at the same time, as Legislators and Execu- 
tive Councillors. 

Nor did this remarkable blending of powers stop here. 
The most important and lucrative fiscal and administrative 
functions were engrossed by the same body. They furnished 
the principal officeholders of the Province. It was natural and 
it was customary that the Proprietor's relatives and friends 
should be provided for in this way. All officials were 
supported by fees. For instance, the Chancellor's fee for 
sealing every decree was at one time fixed at two pounds 
currency, or four hundred and eighty pounds tobacco, and 



THE JUDICIAL SYSTEM 151 

half as much for every injunction. The Secretary, who 
acted as Registrar of the Court of Chancery, was allowed forty 
pounds of tobacco for every bill filed, and as much "for every 
court the same shall continue", 1 and so on. 

The custom of the Proprietor to increase his revenue by 
exacting a bonus from the holders of lucrative offices, caused 
a constant tendency to the imposition of excessive fees along 
the whole line. This became a standing subject of complaint, 
and of frequent struggle between the two houses. The Upper 
House, composed of the beneficiaries of extortion, resisted as 
long as possible, the efforts of the Burgesses to accomplish the 
definite legal regulation of fees. When established by law, 
but exceeded in practice, appeals to the courts for redress 
often failed, from the fact that the Judges were themselves 
either the offending parties or else closely allied with them. 

Another grievance was found in the stubborn resistance, 
for some time interposed by the Upper House, to attempts at 
limiting a pecuniary minimum to the jurisdiction of the Pro- 
vincial Court, and conferring upon the County Courts exclu- 
sive original jurisdiction in petty cases. It was, naturally, 
felt to be an altogether needless and oppressive hardship, that 
in such small cases, parties and witnesses should be compelled 
to travel long distances to obtain justice. But the Upper 
House was composed of the Judges of the Court whose emolu- 
ments were in question, and the self-interest of a privileged 
class for a long time prevailed over the public welfare. 

These and similar causes of dissatisfaction and friction 
furnished an object lesson in the science of government which 
contributed more than the abstract speculations of Montes- 
quieu, to the establishment, at the Revolution, of the whole- 
some principle which forbids the mischievous concentration in 
the same hands, of powers, in their nature, distinct and 
independent. 

They also furnish a practical commentary upon that 
provision in the Declaration of Rights (Art. 33), which 
forbids a Judge from holding any other office, or receiving 
fees or perquisites. 

1 Archives (Ass. Pro. 1676) pp. 532-534. 



J52 COLONIAL MARYLAND 

It is as easy to trace these articles of the Declaration of 
Hights to the abuses mentioned, as it is to find in the peculiar 
Maryland prohibition of a poll-tax, (Art. 15) a direct origin 
in the exasperating provincial "forty per poll" levied for the 
support of the established church. 

That these were serious defects in the scheme of govern- 
ment as practically worked out under the rule of the Proprie- 
tors, there can, of course, be no doubt. It was blemished by 
pluralism, by nepotism, by venality, by an undue susceptibility 
to influence in the administration of justice, by want of 
•capacity in the judicial corps. These defects have received 
but scant notice from historians. They have been thrown 
into the shade by those far more familiar and fascinating 
features which have attracted so much admiring attention to 
early Provincial Maryland as the cradle of religious liberty, 
and to later Provincial Maryland as the nursery of civil 
liberty and of revolutionary heroes. 

While, therefore, all proper weight is to be accorded to, 
and all necessary instruction derived from such criticism as 
may be well taken, no hasty judgment is to be pronounced 
upon the Proprietors. These faults were mainly those of the 
age, or those incident to the novel circumstances under which 
the experiment was made. The whole anomalous situation 
"has been aptly summed up as an "aristocratic government 
overshadowing the sleeping germ of democracy". 1 

Candor compels the reluctant confession that the record 
of the Provincial Judiciary System, in one important detail, 
compares favorably with the practical administration of crim- 
inal justice in some parts of Maryland upon the eve of the 
twentieth century. 

There were, it is true, shortly after the original settle- 
ment, and before the regular tribunals were fairly in the 
saddle, some rather eccentric proceedings at old Saint Mary's 
resulting in capital executions for piracy and murder. But 
these were conducted in solemn form, before the Assembly of 
Freemen, constituting itself a court, pro hoc rice, and had 

'McSherry's, p. 177. 



THE JUDICIAL SYSTEM 153 

none of the revolting marks of tumultuous and irresponsible 
mob violence. It is also true, that during- the transition- 
period of revolutionary overthrow of the Provincial Govern- 
ment, there did occur fierce political outbreaks which ceased 
however with the re-establishment of law and order under the 
Republic. * * * * 

The Provincial Judges, if not lawyers, were, as a rule, at 
least men of worth and probity, of standing and substance, 
and of more or less liberal education. If they belonged to a 
privileged class, they had at least the conscience, the generous 
impulses, and the self-respect of their class. We hear no 
charges of bald corruption even in the most excited manifestos 
of insurrectionary violence. For one hundred and forty years, 
through stormy vicissitudes in State and church, the long 
procession of provincial judges moved on, dispensing justice to 
successive generations, if not with conspicuous learning and 
ability, at least with humanity, moderation, and good sense. 

Their deficiency in technical knowledge was to a con- 
siderable extent supplemented by the efforts of the professional 
gentlemen who practiced before them, and who have left not 
only traditional, but recorded evidence of their worthiness to 
head the long and illustrious line of the Maryland Bar. While 
the appointment of lay judges was the rule, the rule was not 
altogether without exceptions, as in the case of Lewger, 
Gerrard, Jenings, and of the two Dulanys, father and son. 
Such exceptional appointments have fortunately left a few 
brilliant names to illustrate the obscure annals of the Provin- 
cial Judiciary. If they handed down to the veneration of 
posterity no constellation of great names like those of Hale, 
Mansfield, Marshall, and Taney, the Maryland contemporaries 
of Scroggs and Jeffreys furnished at least no parallel to their 
bad fame. Their administration of individual justice appears 
to have been sufficiently impartial, and as between party and 
party, they may be assumed to have poised the scale.s with 
an even hand. 



CHAPTER X 

Some Characteristics of the Maryland 
Establishment 1 



*T*HE history of the Protestant Episcopal Church and 
church law in Maryland, falls naturally into three 
divisions: First, from the settlement of the Province to 
the English Revolution, of 1688; second, from the English 
Revolution, of 1688, to the American Revolution, of 1776; 
and, third, from the American Revolution, of 1776, to the 
present day. 

In the first of these periods there was almost no church 
in the Province. In 1642, it is said there was not one 
Protestant clergyman in Maryland. 2 On May 25, 1676, the 
Rev. John Yeo, a clergyman of the Church of England, who 
had arrived in Maryland the year before, wrote his well-known 
letter to the Archbishop of Canterbury, complaining that there 
were then in the .Province "but three Protestant ministers of 

x This Chapter consists principally of the brief filed by the author 
and his associates (who have courteously consented to its use in this 
connection), in the Court of Appeals of Maryland, in the case of Saint 
Matthew's Parish vs. Rev. F. S. Hipkins, and reported in vol. 75, Mary- 
land Reports, p. 5, etc. The associate council in the case, on the part of 
the parish, were the Honorable Henry E. Davis, Governor Wm. Pink- 
ney White, and Henry Wise Garnet, to each and all of whom the 
fullest recognition is accorded and acknowledgment made, and particu- 
larly to the indefatigable Davis, to whose profound learning and logic, 
as displayed in the preparation of the brief, special credit and honor are 
due. Though a large number of the briefs were printed at the time, 
the demand was in excess of the supply, and the reproduction here of 
the historic parts of it has been strongly urged. 

2 Winsor's History of America, Vol. Ill, p. 531. Neill, the Founders 
of Maryland, pp. 96. 99, 100. 



CHURCH ESTABLISHMENT 155 

us that are comformable to the doctrine and discipline of the 
Church of England". 1 

Yeo's letter was referred to the Bishop of London, who 
in turn, referred it to Lord Baltimore, with an application 
that some provision be made for a Protestant ministry. To 
this application Baltimore replied that the Act of 1649, con- 
cerning religion, tolerated and protected every sect, and added 
that four ministers of the Church of England were in posses- 
sion of plantations which offered them a decent subsistence, 
and that from the various religious tenets of the members of 
the assembly it would be extremely difficult, if not impossible 
to induce it to consent to a law that should oblige any sect to 
maintain other ministers than its own. 2 The privy council, 
however, directed that some provision should be made for the 
ministry of the Church of England, but nothing was done, 
although Baltimore returned to Maryland in 1680. 3 

The situation thus revealed shows how much use Balti- 
more was disposed to make of the power given him by his 
charter, the fourth section of which granted him "the patron- 
ages and advowsons" of all churches which should be built 
in the Province, "together with license and faculty of erecting 
and founding churches, chapels, and places of worship * * * * 
and of causing the same to be dedicated and consecrated 
according to the ecclesiastical laws of our Kingdom of 
England". 

Nor was there any church law save the "Toleration Act", 
the purport of which was only to guarantee religious liberty. 
The Province had made none, and the English ecclesiastical 
law never had a place in Maryland's church system. 

In a word, then, there was in Maryland prior to the 

'Neill, p. 148. 
But then there were at this time three Protestant churches, one on 
Trinity (now Smith's) creek; Saint George's church, now Poplar Hill; 
and one on Saint Paul's creek, now Church Run, on Saint Clement's 
Manor. The first permanent minister, however, of the Church of Eng- 
land — Rev. William Wilkinson — did not arrive until 1650. Allen, "Who 
were the early settlers of Maryland;" "Day Star," p. 145. 

2 Neill, p. 151. 3 Winsor, p. 547. 



156 COLONIAL MARYLAND 

Revolution of 1688, neither church nor church law worthy of 
consideration. But the events of 1688 in England had a 
direct and almost immediate effect upon the Maryland church, 
resulting, first, in the recognition of William and Mary ( 1692,, 
chap. 1), and, secondly, in the passage of the Act of 1692. 
chap. 2. (The different views taken of the causes and purpose 
of this latter Act do not now concern us, but the curious on 
the subject may consult with interest Browne's Maryland, pp. 
185, 190 et seq; Doyle's English Colonies in America, first 
volume, pp. 319-320; Lodge's English Colonies in America, 
pp. 119 et seq; Davis' Day-Star, pp. 87 et seq; McMahon's 
Maryland, 237 et seq). 

The Act of 1692, chapter 2, which may be said to mark 
the beginning of the second of the periods above indicated, 
is entitled "An act for the service of Almighty God and the 
establishment of the Protestant religion in this Province." 

Bacon says of it: "This Act laid the first foundation for 
the establishment of the Protestant religion in this Province 
and contains many notable particulars relating to parochial 
rights obtained under it". He proceeds to give an abstract 
of its provisions, of which those material to our inquiry are as 
follows : 

"(1). That the Church of England, within this Prov- 
ince, shall have and enjoy all her Rights, Liberties and 
Franchises as now is, or hereafter shall be, established by law : 
And, also, that the Great Charter of England be kept and 
observed in all Points. 

"(3). The County Justices to meet, by Appointment, at 
their respective County Court-Houses, giving Notice to the 
principal Freeholders to attend them, * * * * and there, with 
the advice of the said principal Freeholders, lay our their 
several Counties into Parishes, * * * * to be entered upon 
record. * * * * 

"(4). The several Parishes being thus limited, the Free- 
holders of each parish to meet, by Appointment of the Justices 
of the County Courts, and make choice of six Vestrymen, who 
shall have a clerk to take Accounts, &c, and with the first 



CHURCH ESTABLISHMENT 157 

Tobaccos, Wares, Goods, &c, by this Act, or any other Ways 
or Means whatsoever, given, granted, raised or allowed to the 
use of the Church or Ministry of the said Parish to which 
they belong, shall erect and build one Church, &c, in the 
Parish (such Parishes as have already Churches and Chapels 
built in them excepted). * * * * 

"(5). Forty per Poll, deducting 5 per Cent, for the 
Sheriff's salary, on all Taxables ; which Tobacco so raised 
(after building a Church or Chapel within Each Parish) to be 
appropriated and applied by the Vestrymen, to the Use and 
Benefit of the Minister. But if no Minister be Inducted, then 
to be laid out for the necessary Reparation of the Churches,, 
or other pious Uses, at the discretion of the Vestry. 

"(6). The Vestry were impowered to take Possession of 
Any Bequests, Grants, &c, by any Persons piously inclined, 
* * * and apply the same to the Use and Intent of the Donor 
or Donors. 

"(7). The Vestries impowered to prosecute and main- 
tain any Actions whatsoever, real, personal or mixed, for the 
Recovery of all or any of the Premises aforesaid, from any 
Persons detaining any Goods or Chattels, Tenements or Here- 
ditaments given and granted, and otherwise appointed to the 
uses aforesaid, and for any Damages, Tresspasses, &c, as 
amply as a Body Politic, or Corporate, might or could do, for 
recovering and preserving the Premises aforesaid : The princi- 
pal Vestryman, with other of the Vestrymen, to be mentioned 
in the Writ and Declaration, and other Proceedings. 

"(8). On Death or Removal of any Vestryman, the 
other Vestrymen, at their next Meeting, were impowered to 
chuse another in his Room, &e. m 

An Act, entitled "An Additional Act to the Act for 
Religion", was passed October 18, 1694, and another, with 

1 The Vestry acted for the State in the erection and care of church 
buildings, and as preservers of the peace within the limits of the church 
and church yard. Later, other functions were added, such as choosing 
of counters to prevent the excessive production of tobacco, the nomina- 
tion of inspectors of tobacco for the warehouses within their parishes, 
and of reporting persons liable to be taxed as bachelors. Vestrymen 
and church wardens were subject to a fine for refusing to act. — Church 
Life in Colonial Maryland. 



158 COLONIAL MARYLAND 

the same title, was passed May 22, 1695. Bacon gives none 
of the provisions of either of these Acts, stating that both 
were repealed by Act of 1696, chapter 18. 

This Act of 1696, bears the same title as that of 1692, and 
purported to repeal the latter as well as the Act of 1695. The 
Act of 1694 is not mentioned, probably because it was, in 
terms, limited in its operation to the period of three years. 

The King dissented to the Act of 1696, on November 30, 
1699, assigning as a reason that "therein is a clause declaring 
all the laws of England to be in force in Maryland; which 
clause is of another nature than that which is set forth by the 
title in the said law". 1 

The objectional clause provided as follows: 

"That the Church of England, within this Province, shall 
Enjoy all and Singular her Rights, Privileges and Freedoms, 
as it is now, or shall be, at any Time hereafter, established by 
Law in the Kingdom of England: And that his Majesty's 
Subjects of this Province shall enjoy all their Rights and 
Liberties, according to the Laws and Statutes of the Kingdom 
of England, in all Matters and Causes, where the Laws of this 
Province are Silent." 

On the King's dissent to the Act of 1696, and within six 
months thereafter, namely, on May 9, 1700, another Act was 
passed, entitled, "An Act for the Service of Almighty God 
and Establishment of Religion in this Province according to 
the Church of England". 2 This Act was likewise disapproved 
by the King, and was returned, as Bacon says, "with 
amendments proposed which were accepted, and an Act, 
pursuant thereto, passed the 25th of March, 1702, whereby 
this Act was repealed". 

The Act of 1702, 3 is entitled "an Act for the establish- 
ment of religious worship in this Province, according to the 
Church of England, and for the Maintenance of Ministers". 
It is printed in full by Bacon, and contains twenty-two 
sections. Its material provisions are as follows : 

1 Bacon. 

2 1700, Chapter 1. 3 Chapter I. 



CHURCH ESTABLISHMENT 159 

"That the Book of Common Prayer and Administration 
of the Sacraments, with other Rites and Ceremonies of the 
Church, according to the use of the Church of England, the 
Psalter or Psalms of David, and Morning and Evening Prayer 
therein Contained, be solemnly read by all and every 
Minister or Reader in every Church which now is, or here- 
after shall be settled and established in this Province ; and that 
all Congregations and Places of Public Worship, according to 
the Usage of the Church of England, within this Province, for 
the Maintenance of whose Ministers and the Persons officiating 
therein, any certain Income or Revenue is, or shall, by the 
Laws of this Province, be established and enjoined to be raised 
or paid, shall be deemed settled and established churches". 1 

"That a Tax or Assessment of Forty Pounds of Tobacco 
per Poll be yearly and every Year successively levied upon 
every taxable Person within each respective Parish, * * * * 
which said Assessment, of Forty Pounds of Tobacco per Poll, 
shall always be paid and allowed to the Minister of each 
respective Parish, having no other Benefice to officiate in, 
presented, inducted, or appointed by his Excellency the Gov- 
ernor or Commander in Chief, for the Time being. 2 * * * * 

"That Marriages forbidden by the Table of Marriages of 
the Church of England be not performed, under penalty, and 
that no marriage be performed by a layman in any Parish 
where a Minister or Incumbent shall reside. 3 

"That the Sheriff shall collect the Forty per Poll and pay 
over the same to the Minister or Incumbent in each respective 
Parish. 4 

"And the better to promote the execution of the good 
Laws of this Province, so far as concerns the respective 
Parishes, and for the more easy Dispatch of Parish business, 
* * * * that there be select Vestries in each Parish of this 
Province, and that the several Vestrymen of the several 
Parishes within this Province, that now are, or hereafter shall 
be chosen by such select Vestry, of which Vestry the Number 

1 Act, 1702, C. 1, Section 2. " Ibid, Section 3. 

3 Ibid, Sections 4, 5. * Ibid, Section 6. 



160 COLONIAL MARYLAND 

shall always be six at least, except upon Death or Resignation, 
or other Discharge of any of them according to the Provision 
herein made to that Purpose; and in such Case of Death or 
Resignation, or other legal Discharge from serving, the 
remaining Part of such Vestries shall, with all Convenient 
Speed, summon and appoint a general Meeting of all the 
Inhabitants of the said Parish, who are Freeholders within 
the same Parish and contribute to the Public Taxes and 
Charges of the said Parish, who shall, by Majority of Voices, 
elect and choose one or more sober and discreet Person or 
Persons, Freeholders of each respective Parish, to supply such 
Vacancies. 1 * * * * 

"That two new Vestrymen shall be annually chosen, in 
the Places of two others, who shall be left out; to which 
Purpose, all the Inhabitants of every Parish, being Freeholders 
within the same Parish, and contributing to the Public Taxes 
and Charges thereof, or such of them as shall think fit to 
attend, shall repair to their respective Parish Churches, every 
Year successively upon Easter Monday, and there, by their 
free choice, declare what two Persons shall be discharged from 
their being Vestrymen, and choose two others, qualified 
according to this present Act, in their Stead and Room; who 
taking the Oaths and performing all other Thing required 
by this present Act, or other Laws of this Province, for 
Vestrymen, shall be deemed and taken to be Members of 
the said Vestry, to all Intents and Purposes : Provided always, 
That in every Parish where any Minister or Incumbent is, or 
shall be lawfully, according to the Laws and Usages of this 
Province appointed and in Possession of any Living, invested 
zvith the Forty Pounds per Poll, and residing therein, he shall 
during the Continuance aforesaid, and no longer, be one of the 
Vestry of such Parish, and Principal of such Vestry, although 
there be the number of Six Persons, or more, besides". 2 

''That each Vestry shall appoint a Register to make due 

1 Ibid, Section 7. The remainder of the section prescribes the ves- 
trymen's oaths. 2 Ibid, Sections 8, 9. 



CHURCH ESTABLISHMENT 161 

entry of Vestry Proceedings, Births, Marriages, and Burials, 
&c, and provide Books accordingly, under penalty. 1 

"That each Vestry shall meet once a month, &c, under 
penalty. 2 

"That tables of Marriages be set up in the several Parish 
Churches. 3 

"That the said Vestrymen, and the rest of the Inhab- 
itants of every Parish, being Freeholders within the same 
Parish, and contributing to the Public Taxes and Charges 
there, do once every year, upon Easter-Monday, Yearly, make 
choice and appoint two sober and discreet Persons, Freeholders 
of their respective Parishes, to be Church Wardens for that 
year; all the inhabitants of every Parish, being Freeholders 
within the same Parish and contributing to the Public Taxes 

1 Ibid, Sections 10, n. 

The following is the decision in the Saint Margaret's Vestry case, 
Annapolis, Maryland, involving the interesting question of the rights 
and duties of a Parish Register in Maryland, decided January 29, 1894, 
by Revell, J. 

"The petition in this case was filed on the nth of February, 1893, 
alleging in detail that the relator had all the necessary qualifications 
entitling him to enrollment on the parish books and to the right of 
suffrage in the election of vestrymen of the parish ; that the enrollment 
was necessary to enable him to participate in the election of vestrymen 
at the next election, to be held on Easter Monday following, April 3, 
1893; that the register was fully informed of the qualifications of the 
relator, but refused an application made February 9, 1893, to enroll him, 
in denial of his rights and in violation of the plain duty of the register 
and prayed for the writ of mandamus. 

"The Vestry Act of 1798, chapter 24, section 2, provides that 'every 
white male citizen of this State above twenty-one years of age, resident 
of the parish where he offers to vote six months next preceding the day 
of election, who shall have been entered on the books of said parish one 
month at least preceding the day of election as a member of the 
Protestant Episcopal Church, and who shall contribute to the charges 
of said parish in which he offers to vote such sum as a majority of the 
vestry in each parish shall annually, within ten days after their election. 
in writing, make known and declare, not exceeding $2, shall have a 
right of suffrage in the election of vestrymen for such parish'. 

2 Ibid, Section 12. 3 Ibid, Section 13. 



162 COLONIAL MARYLAND 

and Charges thereof, having Liberty also to vote in the Choice 
of Church Wardens. 1 

"That the Church- Wardens and Vestry pay the Parochial 
Charges and Repairs of Churches, etc., "out of such Gifts, 
Goods, or Chattels as shall come to their hands for the Church 
or Parish Use" ; that the penalties, etc., prescribed by the Act 
be levied by the Church- Wardens and applied to the Parochial 
charges ; and in case of insufficient effects to pay the Parochial 
charges, etc., the County Courts on application of the Parish 
Vestry and Church-Wardens, to assess the respective Parishes, 
not exceeding ten Pounds of Tobacco per poll in any one year. 2 

"That no Minister or Incumbent shall at one Time hold 
more than two parishes; nor two unless by the desire or 
Agreement of the Vestry of the said adjacent Parish and con- 
sent of the Vestries where he resides and Appointment of the 
Ordinary". 3 

"Section 3 provides that it shall be the duty of the register to en- 
roll any person of the Protestant Episcopal Church who shall apply for 
the purpose on the books of the parish, under penalty, etc. 

"Section 5 makes a majority of the vestrymen who shall attend 
judges of the qualification of voters and of the qualification of the 
parishoners proposed to be elected as vestrymen. 

"The vestrymen under section 6 and the register of the parish, 
section 18, are required to take and subscribe the oath of support and 
fidelity and for the faithful execution of their respective offices. 

"Now, in this case," continues the court, "what was the duty of 
the registrar which he was bound to perform, not only under penalty 
but under the sanctity of an oath? Was it the mere mechanical act of 
enrolling the name of any person of the Protestant Episcopal Church 
applying to him for that purpose on the books of the parish ? Were this 
all, then his duty would be plain and he would have to enroll any per- 
son, black or white, male or female, belonging to said church who made 
application. But there were other and important qualifications of the 
applicant to be considered. He must be a white male citizen of this 
State, above twenty-one years of age, a resident, etc. 

"The judges of this court well know the difficulty in determining 
the perplexing questions of residence and citizenship under the registra- 
tion law of this State from the numerous appeals arising from the 
action of the officers of registration which the court has been called 

1 Ibid, Section 14. 2 Ibid, Section 15. 

3 Ibid, Section 16. 



CHURCH ESTABLISHMENT 163 

That Vestries may appoint Lay-Readers in certain cases, 
such Readers "procuring License from the Ordinary" ; that 
the first Tuesday in Every Month shall be Vestry day, without 
notice; that Vestrymen may be removed in certain cases, 
their successors to be elected by the parishioners ; that the 
Vestry books may be inspected by the parishioners, who may 
appeal from any Vestry proceedings to the Governor in Coun- 
cil and thence to the Crown ; that protestant dissenters shall 
have the benefit of the Acts of Toleration ; and, that the Act 
of 1700, Chapter 1, be repealed. 1 

By the Act of 1704, Chapter 34, further provision was 
made for the levying of the "ten per poll" for parochial 
charges, etc. 

And the Act of 1730, Chapter 23, provides for the election 

upon to decide, involving delicate and difficult questions of law and fact. 
The register must also determine whether the applicant lives within 
the limits of the parish, whether he is a member of the church, and 
other questions may arise by no means free of difficulty, all of which 
involve the exercise of discretion or judgment. Discretion is but free- 
dom to act according to one's judgment — the prompting and exercise 
of judgment, cautious discernment, discrimination. 

"It has been argued," adds the court, "that a denial of relief in 
this case 'would be a wrong without a remedy; that a vestry in collu- 
sion with a register could exclude parishoners from all participation 
in the church government and perpetuate their powers indefinitely.' 
This condition must assume a corrupt vestry. Were this so, such a 
vestry being under section 5 of the vestry act, judges of the qualifica- 
tion of voters and of the qualification of the parishoners proposed to 
be elected as vestrymen, could strike down as disqualified any one 
offering to vote for vestrymen or offering himself as a candidate, not- 
withstanding the register had enrolled every man offering himself as 
a voter. 

"But an applicant offering himself to the register as a qualified 
voter in said church is no worse off than a registered voter under the 
laws of this State offering his ballot at an election for President of 
the United States and being refused by the judge of election, and as 
the learned counsel says : 'What is he going to do about it' but enforce 
the penalty prescribed by law and sue for damages? The election 
is over. His great freeman's right of suffrage is denied, and he is 
without other relief. I shall sustain the demurrer upon the ground 
and for the reasons above assigned." 

1 Ibid, Sections 17-22. 



1 64 COLONIAL MARYLAND 

by the Vestry, of Vestrymen to serve in the place of those 
elected who may decline to serve ; provides a penalty for those 
declining to serve; prescribes that the two eldest Vestrymen 
shall be annually left out and not liable to service again for 
three years, and provides for the collection of penalties im- 
posed by the Act of 1702. 

Such remained the "Establishment" down to the Ameri- 
can Revolution, except as affected by the Acts of 1763, 1771, 
and 1773, to be noticed hereafter. 1 

1 The Act of 1692, and with its supplementary provisions, was passed 
not to set up in Maryland any particular church ; but it was deemed the 
best way to establish better morals and good order in the province, 
for religion and education were both very little cared for, and the re- 
sult was a great prevalence of immorality; and though irreligious men, 
unbelievers or non-believers, skeptics or agnostics, may scorn the claims 
of the church, yet all men know, who are at all in the tide of life, that 
the ministrations of the church, and the influence of the gospel through 
those ministrations, have a powerful effect upon every community for 
peace and good order. Nor are we called on merely to suppose that 
immorality abounded. The evidence is sufficient of its prevalence and 
of its gross character. It might be inferred from general experience, 
for in all new communities before order has settled down into a definite 
habit, vice flourishes. * * * In the year preceding the Protestant 
Revolution we find the president of the Assembly drawing a picture of 
the vice of the province in the matter of drunkenness, adultery, Sabbath 
breaking and swearing. * * * Further evidence also of a confirma- 
tory character is given in the Act of 1692 providing for an established 
support of the church, for among the functions of the vestry, as then 
ordered, was one providing for the suppression of adultery within the 
several parishes, a function that was performed, and their records show 
how great the evil was. In one parish, and that in some respects ex- 
ceptionally well placed for moral living, there were ten separate cases 
of gross immorality passed upon in one month. * * * The establish- 
ment of the church was a police measure, and a very good police 
measure it was, for it did what could not otherwise be done. It planted 
in thirty-one different centers in the colony a house wherein high moral 
truths were taught — had to be taught — both from the pulpit and from 
the reading desk, and in this way it created a standard of good living. 
It also selected a council for morality in all these places, and bound 
the members to see to the morals of the people ; and while the minister 
was to reprove, rebuke, exhort, the members of this council, or vestry, 
were to have the ability to enforce the laws of right living. * * In 
considering the law of 1692, and its subsequent amendment of 1702, 



CHURCH ESTABLISHMENT 165 

What was the character of this "Establishment", and what 
its government, laws, and usages? There is current with 
some, a general and vague conception that in some way the Eng- 
lish ecclesiastical system — the English "Established Church", 
if you please — lies back of the American Church, and in 

we must always remember that it was the act of the people and the 
people only; and not only so, but that what was done was not that 
which the majority of the people would have desired, but what they 
felt was the best that their circumstances permitted them to do. For 
the Church of England which they established, was the church of but 
a part of one-fourth of the people; the three-fourths being made up 
of non-conformists of divers names and principles, who had during the 
last forty years done what they could, more than once, to put down, not 
only popery, but prelacy as well. The Act was passed at a time when 
all the freeholders of the colony had the right of franchise, so that the 
Assembly was not a packed one, but represented all the most intelligent 
classes of the people. Their Act therefore, must have been contrary 
to their preferences and could they have avoided it they would. They 
did not love the Church of England, nor did that church love them. 
They had been subjected for many years in England, and especially 
since the Restoration, to many and grievous penalties. But something 
had to be done, and established maintenance had to be provided that 
they might have ministerial supervision at all. They were broken up 
themselves into many names. Maryland was now a royal colony, and 
the establishment of any one of their different denominations was an 
entire impossibility ; and yet the need was crying and imperative. They 
met their difficulties in the only possible way, they provided a mainten- 
ance for the clergy of the Church of England. For that was all that 
was done. It was not a state church they set up. No church func- 
tionary, clerical or lay, had any part in the administration of the colony, 
saving in the matter of suppressing immorality. * * It was in no degree 
a state church. The state provided maintenance, and in return ex- 
ercised jurisdiction so far as to say who should be settled in the par- 
ishes, and to supervise accounts, so as to know whether the money 
appropriated was properly spent. * * The system certainly had its 
defects, as all systems have; and society also afterwards outgrew it, 
so that it became an achronism and was removed ; but in its earlier day, 
and through very much of the colonial period, it was an unspeakable 
blessing and accomplished high purposes. It is notable, too, that though 
at any time down to the Revolution, it could have been abrogated, or 
could have been rendered inoperative by the rescinding of the provision 
for the annual tax, yet it was not only continued to the Revolution, but 
was shown very marked favor when the necessity arose for its repeal. 
Gambrall, Early Maryland, Civil, Social, Ecclesiastical. 



1 66 COLONIAL MARYLAND 

some undefined way furnishes its rules of conduct and gov- 
ernment. That this is not so, is, we venture to think, abund- 
antly shown by what is above set forth. 

The "English Ecclesiastical Law could have been of no 
force in a colonial church in this country, until adopted by it, 
and such adoption could only be by express enactment, or by 
general usage for so long a period of time as to ripen into 
law" ; for, "if disuse is not to be regarded as proof that a 
law was inapplicable to the condition of a colony, then it 
follows, that for more than one hundred years prior to the 
Revolution, the Colonial Churches were necessarily subjected 
to foreign law without reference to their consent or wishes. 
Surely this was never the condition, either in Church or State, 
of any English colony". 1 

That it was never the condition of Maryland is beyond 
peradventure. It would be threshing very old straw to go 
over the question of the English law in force in Maryland. 
Kitty's Report on the Statutes, bringing to approximate 
settlement a matter long open, is testimony to one phase or 
the question, how much English law was adopted in Mary- 
land; while the judicial decisions are conclusive that nothing 
of English law was ever in force unless adopted by legislative 
acts, judicial decisions, or constant usage. 2 

But let us examine the Maryland "Establishment" and 
the Church in Maryland, with this conception in view. And 
to do this adequately we must first glance at the English 
establishment. 

What this English establishment was and is, will the thor- 
oughly understood only by a consideration of the following 
matters: i, The parishes of the church; 2, The property 
and support of the church in each parish ; 3, The government 
of the church ; and, 4, The appointment of rectors, their 
rights and tenure. 

1. A parish is that circuit of ground which is committed 
to the charge of one parson or vicar, or other minister having 

1 Andrews, pp. 42, 43. 

2 See opinion of Chase, judge, in United States vs. Worrall, 2 
Dall. p. 384; McMahon, C. 3. 



CHURCH ESTABLISHMENT 167 

care of souls therein. 1 The time when England was first 
divided into parishes is unknown, nor is it material to our 
inquiry. 2 

2. The property of the church in each parish consisted 
of the parish church and chapels, a "manse'', or house of 
residence for the incumbent, with a glebe or portion of land 
attached to it, the fittings, furniture, and ornaments of the 
church and chapels, and the tithes. 

As respects the glebe and other lands of the church, the 
source thereof was as follows : 

"Originally, the land was the property of some lay person, 
which, when the rectory was formed, was dedicated to the 
church, and conveyed by him to the rector. Thus the free- 
hold was vested in the rector, and he was entitled to the land, 
including the grass, herbage, and everything else, as fully as 
the original owner had been ; but, as the land had been set 
apart by consecration for the church and churchyard, the 
right which the rector, as the owner of the freehold, had in 
the profits was proportionately diminished, because he could 
not desecrate it, or use it for any purpose which was incon- 
sistent with the object of its consecration. Nevertheless, the 
enjoyment of the property, so far as it could be exercised by 
one holding a sacred office, belonged to the rector, as the 
owner of the freehold". 3 

But some of the founders, as they are called, were ecclesi- 
astical corporations, and some of them kings ; in every case, 
however, the effect of the foundation being the same. 4 

The fittings, etc., were, as a rule, the offerings of "indi- 
vidual piety or munificence", or "provided by private contri- 
butions". 6 

Tithes were paid by the parishioners. Originally, says 
Blackstone, "every man was at liberty to contribute his tithes 
to whatever priest or church he pleased, provided only, that 

1 Blackstone, Comm. 1, pp. 111-113. 

2 Earl of Selborne's Defense of the Church of England against 
Disestablishment, pp. 115, 138. 

3 Greenslade vs. Darby, L. R. 3 Q. B. p. 421. 

4 Selborne's Defense, p. 114. "Ibid, p. 116. 



1 68 COLONIAL MARYLAND 

he did it some", 1 and in the absence of specifications they were 
distributed by the bishop in his discretion. But in the time of 
Edgar, about the year 970, it was ordered that all tithes 
should be given to the mother church of the parish; subject, 
however, to certain provisions for the support of chapels 
within the parish. 2 

"The lords, as Christianity spread itself, began to build 
churches upon their own demesnes or wastes * * * * and, in 
order to have divine service regularly performed therein, 
obliged all their tenants to appropriate their tithes to the 
maintenance of the one officiating minister, instead of leaving 
them at liberty to distribute them among the clergy of the 
diocese in general; and this tract of land, the tithes whereof 
were so appropriated, formed a distinct parish. * * * * Thus 
parishes were gradually formed, and parish churches endowed 
with the tithes that arose within the circuit assigned". 3 

3. The government of the Church of England, was in 
accordance with the ecclesiastical division of the kingdom, 
which was as follows: Provinces, of which there were two, 
Canterbury and York, and of each of which the archbishop was 
the head; dioceses, into which each province was divided, and 
of which the bishops were the respective heads ; archdeaconries, 
into which each diocese was divided, and over which the arch- 
deacons respectively ruled, within the limitations of their au- 
thority ; rural deaneries, each of which had its "rural dean" ; 
and, finally, parishes, into which every deanery was divided. 4 

The archbishop, who was also called the Metropolitan, 
had general authority over the clergy throughout his prov- 
ince, besides having a diocese of his own in which he exercised 
Episcopal jurisdiction. 

"The power and authority of a bishop, besides the 
administration of certain holy ordinances peculiar to that 
sacred order, consists, principally, in inspecting the manners 
of the people and clergy, and punishing them in order to 
reformation, by ecclesiastical censures. To this purpose, he 

1 Blackstone, Coram. 1, p. in. 2 Ibid, p. 112. 

3 Ibid, p. 113. * Ibid, p. in. 



CHURCH ESTABLISHMENT 169 

has several courts under him", as also his dean and chapter 
as his council. "It is, also, the business of a bishop to insti- 
tute and to direct induction to all ecclesiastical livings in his 
diocese". 1 

A parson had full possession of all the rights of the paro- 
chial church ; and in each parish there might also be a curate, 
an officiating temporary minister, being, as Blackstone says, 
of "the lowest degree in the church". 

A title very common in the English ecclesiastical system 
is that of the "ordinary", who is defined as being "one 
possessing immediate jurisdiction in his own right and not by 
special deputation" ; as, "a bishop, archbishop, or other 
ecclesiastic or his deputy, in his capacity as an ex officio ecclesi- 
astical judge". 2 

Each parish also had its vestry, church-wardens and 
parish clerks and sextons. Of these the church-wardens 
were the guardians or keepers of the church and represent- 
atives of the body of the parish. They were sometimes 
appointed by the minister, sometimes by the church, sometimes 
by both together, as custom might direct. They were deemed 
for some purposes a corporation, having a property in the 
goods and chattels of the parish and could bring actions in 
relation to them. They also levied fines, kept order in 
church, etc. 

Vestries, as we understand them, were not in existence. 
Properly speaking, the vestry was "the assembly of the whole 
parish met together in some convenient place for the dispatch 
of the affairs and business of the parish". Every parishioner 
who paid his "rates" had a right to come to these meetings, 
over which the parson presided, "for the regulating and 
directing this affair". "From the practice of choosing a 
certain number of persons yearly to manage the concerns of 
the parish for that year" grew up what were known as select 
vestries. But neither vestries, in the proper sense of the 
word, nor select vestries had any powers necessary to be 
noticed. 3 

1 Ibid, p. 377. 2 Century Dictionary. 

3 Burn, Ecclesiastical Law. 



170 COLONIAL MARYLAND 

4. As already noted, every rector or person, in order to 
procure a benefice, had first to be presented, that is, offered to 
the bishop of the diocese to be instituted. The presentation 
was made by the patron, as he was called, of the cure, the 
person having the right of advowson. "The founders of parish 
churches had power, when parishes were first formed and 
endowed, to determine in whom the right of 'advowson' (i. e. f 
of presentation to the benefice when vacant) should be 
vested". This right was a heritable right, passing, on death 
or alienation, to the heirs or successors in estate of him having 
the right. 1 

Upon presentation, the bishop, if he had no objection to 
the person presented, instituted him ; that is, put him in "care 
of the souls of the parish". Then followed induction, by 
virtue of which, the parson was in possession of the temporali- 
ties of the benefice. 

At common law, to become a parson, says Blackstone — 
and, as he declares, "the appellation of parson (however it may 
be depreciated by familiar, clownish, and indiscriminate use), 
is the most legal, most beneficial, and most honorable that a 
parish priest can enjoy", there are four requisites necessary : 
holy orders, presentation, institution, and induction. Presenta- 
tion, he says, is the offer of the proposed incumbent to the 
bishop for institution. Institution is "a kind of investiture of 
the spiritual part of the benefice", but induction is something 
of more importance. 

"Upon institution, the clerk may enter on the parsonage 
house and glebe and take the tithes ; but he cannot grant or 
let them or bring an action for them until induction. 

"Induction is performed by a mandate from the bishop 
to the archdeacon, who usually issues out a precept to other 
clergymen to perform it for him. It is done by giving the 
clerk corporal possession of the church, as by holding the ring 
of the door, tolling a bell, or the like ; and is a form required 
by law, with intent to give all the parishioners due notice and 
sufficient certainty of their new minister, to whom their tithes 

1 Selborne, p. 123. 



CHURCH ESTABLISHMENT 171 

are to be paid. This, therefore, is the investiture of the tem- 
poral part of the benefice, as institution is of the spiritual. 
And when a clerk is thus presented, instituted, and inducted 
into a rectory, he is then and not before, in full and complete 
possession, and is called in law persona impersonata, or parson 
imparsonee." 

And one might cease to be a parson in one of several 
ways only: 

1. By death; 2, by cession, in taking another benefice; 
3, by consecration to a bishopric ; 4, by resignation, accepted 
by the ordinary; and, 5, by deprivation, which might be by 
sentence ecclesiastical, "for fit and sufficient causes allowed by 
the common law" or ipso facto in certain cases, "in pursuance 
of divers penal statutes". 1 

It thus appears that at the common law there was no such 
thing as a "severance of the pastoral relation" for differences 
between parsons and their congregations. The parson, once 
in, had a freehold in the glebe, and the right to tithes, etc.; 
and could not lose his rights, except by ceasing to be parson, 
as above indicated. In other words, if not deprived, and if 
he did not resign or accept another cure, or become a bishop, 
his tenure was for life. 

Contrast with this order of things in the English Church, 
the Maryland "Establishment". 

1. The parishes in Maryland, as mere territories to be 
committed to the clergy, were well enough provided for by the 
Act of 1692 ; that is to say, the direction of that Act, if 
carried out, would sufficiently have carved the State into 
parishes. 2 And, in the main, this was sufficiently done for 

1 Blackstone Comm. 1, p. 384-392. 

2 Under this Act the Province was divided into thirty parishes, and 
which in 1694, in respect to churches and ministers, stood as follows : 
Saint Mary's, two parishes, three churches and one minister ; Kent, two 
parishes and two churches, but no minister; Anne Arundel, four par- 
ishes, two churches and one minister ; Calvert, four parishes, three 
churches and two ministers ; Charles, three parishes, two churches and 
one minister ; Baltimore,, three parishes, two churches and no minister ; 
Talbot, three parishes, four churches and two ministers ; Somerset, four 



172 COLONIAL MARYLAND 

all practical purposes. We find throughout, however, that 
new parishes were being constantly formed: whether by the 
division of old ones, 1 or the erection of new ones, 2 or by the 
consolidation of two or more already existing. 3 And it was 
not unnatural that the boundaries of the several parishes 
should thus become confused, so as to make necessary an Act 
for ascertaining the boundaries of all. 4 

2. But, when we come to consider the property and 
support of the church in each parish, we find a radically 
different state of things from that in England. 

parishes, one church and one minister; Dorchester, two parishes, one 
church and no minister; Cecil, two parishes, two churches and one 
minister. (Allen, "Who were the early Settlers of Maryland.") Two 
years later three more churches had been built, and nine additional 
ministers had come in, making in all eighteen. (Ibid). In 1720, the 
number of parishes had increased, to thirty-eight, and in 1760 to forty- 
two, and there were forty-one ministers. (Hawks "History P. E. 
Church," p. 170; Allen, "Who were the early Settlers in Maryland.") 
A majority of these clergymen were of English birth, but a large 
number of them were Scotch and a few of them Irish. In 1720, it 
was estimated that there were "between ten and eleven thousand 
families of Episcopalians in the Province." (Hawks, p. 170.) According 
to the report of the Governor of Maryland, in 1696, from items furnished, 
on his requisition, by the Sheriffs of the several counties, made to the 
Bishop of London, there were in Maryland at that date also, eight Roman 
Catholic churches, five priests and two lay brothers, limited to the 
Counties of Charles and Saint Mary's; three Presbyterian churches and 
two ministers, limited to the County of Somerset; and eight Quaker 
meeting houses, three meetings in private houses and two preachers, 
limited to the Counties of Kent, Anne Arundel, Calvert and Talbot. 
(Allen, "Who were the early Settlers in Maryland.") But in justice, 
it should here be noted, that the meagreness of this report as to 
Roman Catholic Priests and places of worship was perhaps due to the 
fact that they were in Maryland, at that time under "proscription," as 
the number of Roman Catholics in the Province a few years there- 
after — 1708 — was reported to be 2974, and located as follows : Anne 
Arundel, 161; Baltimore, 53; Calvert, 48; Prince Georges, 248; Charles, 
709; Saint Mary's, 1238; Cecil, 49; Kent, 40; Queen Anne, 179; Talbot, 
89; Dorchester, 79 and Somerset, 8r. (London Pub. Rec. Office, Mary- 
land, B. T. Red No. 4, H. p. 79; Scharf, vol. 1, p. 370. 

1 Act, 1704, C. 96. 2 Act, 1706, C. 4. 

3 Act, 1722, C. 3- "Act, 1713, C. 10. 



CHURCH ESTABLISHMENT 173 

Some gifts of land there were, but gifts were not the rule. 
Prior to 1704, "several pious and well-disposed persons" had 
"granted unto the respective parishes whereto they [did] 
belong, certain parcels of ground for the use and benefit of 
a church and church-yard", but, through the neglect of the 
vestries selected under the Act of 1696, no deeds to such lands 
had been taken. Wherefore, by Act of 1704, Chapter 38, 
provision was made for confirming the titles of such lands to 
the respective parishes, the grand juries being authorized to 
make inquiry in the matter, etc., and where lands had been 
given, but the quantity not mentioned, the vestry was author- 
ized to "take of such lands, for the use of the church, and 
thereto adjacent, two acres and no more". 

Similar provision was made by the Act of 1722, Chapter 4, 
for confirming lands devised for the use of the church; and, 
in some cases, special Acts were passed, vesting in the vestry, 
special gifts of lands. 1 

Generally, these gifts and devises were to the vestry or 
parish, but in one instance, at least, the gift or devise was to 
the rector and his successors. 2 

Another source of acquisition of lands was by gift or 
grant of public lands ; as in the case of certain lots in Annap- 
olis, 3 the "Old Stadt-house in St. Mary's city, in St. Mary's 
county, and the lot whereon the same stands"/ and a tract 
of two acres, "parcel of fifteen acres laid out for public uses 
at the town of Vienna, Dorchester county". 5 

But by far, the chief source of acquisition was in pro- 
vision of law, mostly in specific instances, authorizing the 
vestries to buy lands, and levying a tax of tobacco or money 
to pay therefor and to erect churches thereon. 6 The Acts of 
this class are practically innumerable and were passed as lately 
as 1774. In some cases the expression "to make a glebe", or 
"to be made a glebe", 7 was used. Besides, the vestries were 

*Act, 1700, C. 5; 1701, C. 5. 2 Act, 1719, C. 6. 

3 Act, 1 7 18, C. 8. 4 Act, 1720, C. 4. 

5 Act, 1725, C. 9. 6 Act, 1727, C. 10. 
7 Act, 1750, C. 17; 1751, C. 6. 



174 



COLONIAL MARYLAND 



empowered, with the aid of commissioners, to acquire lands 
by condemnation, 1 in all cases the lands and churches to be 
paid for by tax. 

As respects the fittings, etc., of the churches, there were 
some few gifts of these, but in the main they were provided 
out of the "forty per poll" and the "ten per poll", provided 
for by the Act of 1702. 2 

The tenure of the land acquired in the several ways in- 
dicated, whether in the rector (as was the case in very rare 
instances), or in the vestry (as was the rule), seems to havv. 
been such that neither rector nor vestry could make any dis- 
position of them without authority of the legislature. Thus 
we find acts enabling the rector to sell or the vestry to sell, or 
to lease or to exchange lands. These Acts clearly show that 
the vestries were treated as mere trustees, holding the church 
properties for the one purpose, "the use and benefit of the 
church'' 

3. As for government, the church had none. The 
"ordinary" was mentioned in the legislation on the subject, 
but there was no ordinary ; and throughout the period we are 
considering there was no bishop, the first bishop, Claggett, 
not being elected until 1792." 

Respecting the government of the Church during this 
period, Hawks says: 

"Theoretically, the Bishop of London was the diocesan: 
spiritual jurisdiction therefore, including the important par- 
ticular of discipline, belonged to him, and the clergy had all 
along been accustomed so to think. But they were embarrassed 
because they found that the matter of jurisdiction was in some 
mode or other in the hands of the proprietor also * * * * 

*Act, 1704, C. 38; 1747, C. 18. 

2 It has been said that the "art of keeping warm is of modern 
invention," and eminently was the absence of this art seen in the 
house of God. For until about two generations ago, the churches of 
Maryland had no fires in them, or means provided for making fire. 
There was a fire in the Vestry house, a detached building, but at 
church time access to it was prevented by the doors being closed 
and locked. — Church life in Colonial Maryland, 120. 

3 Hawks, p. 310. 



CHURCH ESTABLISHMENT 175 

Thus Lord Baltimore selected a clergyman in England, and 
appointed him to a living; the Bishop of London gave him a 
license ; the Governor of the Province inducted him ; if he did 
wrong, the commissary tried him, if they happened to be a 
commissary ; and when convicted, no power punished him ; for 
after induction, even his Lordship, the Proprietor, could not 
remove him ; and the Bishop of London, nominally his diocesan, 
could neither give nor take away the meanest living in the 
Province". 1 

"As long as no clergyman could have a living in Mary- 
land without Lord Baltimore's assent ; as long as the Governor 
had the sole right of induction, on his own or his Lordship's 
presentation and as long as the legal effect of induction was to 
fasten the incumbent on a parish for life, no matter what might 
be his conduct; it is perfectly plain that to talk of the jurisdic- 
tion of bishop or commissary was a mere farce". 2 

4. Passing now to the appointment of rectors, their rights 
and tenure, it is first to be observed that there were no patrons 
in Maryland, in the sense in which there were in England. 
All the livings were in the gift of the Lord Proprietary, a 
right of which he was to the end tenacious. How a rector got 
his benefice has just been shown by the extract from Hawks. 
And what his rights were after getting his place may be stated 
in few words : he got the use of the glebe and parsonage, if 
any, and his "Forty per poll". These he enjoyed, at first, 
for life ; for so much of English conception of the rights and 
privileges of a rector seems to have been adopted by Maryland 
as to give to the formality of induction the same legal conse- 
quence in Maryland as in England. 

That it was the formality of induction which was supposed 
to work the life tenure is made clear by the above extract from 
Hawks. And Eden, the last of the Proprietary Governors, 
saw the matter in the same light: "at present", said he, 
speaking in 1769 or 1770, "when a clergyman is inducted, he 
becomes quite unaccountable and independent". 3 It is impor- 
tant to bear this in mind ; for after the American Revolution 

1 Hawks, p. 189. 2 Ibid, p. 193. 

3 Hawks, p. 255. 



i 7 6 COLONIAL MARYLAND 

induction ceased. As Hawks says, in 1807, when the question 
of the canon on that subject was under consideration, "of the 
Maryland clergy, not one had been inducted, nor was one 
likely to be". 1 

Such being, in general, the character of the Maryland 
"Establishment", it is necessary in order fully to understand 
it and its effects, to consider briefly the character of the clergy 
created by the system, and the attitude of the people of the 
Province toward them. 

It is a sad story; that of the Maryland clergy under the 
"Establishment". But it is, unfortunately, only too true. 
The testimony on all sides is in one direction only. 

Dr. Hawks, an esteemed clergyman of the Church and 
once a candidate for the Bishopric of Maryland, cannot be 
called a hostile witness. Hear him : 

"It is not wonderful that the clergy, thus secure in their 
livings after induction, and with but feeble powers over them 
for punishment when they did wrong, should sometimes 
exhibit but a sad example to their parishioners * * * * It 
must be remembered that it was too much the fashion to send 
to all these colonies the refuse of the English clergy, insomuch 
that our wonder is less that the Church in many places did not 
grow than that it was not utterly extinguished". 

"The people looked around among the clergy and saw 
every man doing just what he thought best; they sought for 
a power to protect their spiritual interests by punishing the 
faithless agents of the government in things spiritual, and 
they found that power — nowhere". 2 

The pages of Hawks are replete with matter to the same 
effect. We are not surprised to see him write : 

"No wonder that such a bastard establishment as that of 
Maryland was odious to so many of the people ; we think their 
dislike is evidence of their virtue. It deserved to be despised, 
for it permitted clerical profligacy to murder the souls of 



a Ibid, p. 363. 

2 Ibid, pp. 191, 235. 

3 Ibid, p. 236. 



CHURCH ESTABLISHMENT 177 

Yeo's letter, above mentioned, written before the "Estab- 
lishment", reveals a bad enough condition of things : 

But the clergy of that day were saintly in comparison with 
those of the period we are now considering. A less friendly, 
and, therefore, perhaps a more just critic of the clergy, writes: 

"The church which finally drove Catholicism to the wall 
was, perhaps, as contemptible an ecclesiastical organization as 
history can show. It had all the vices of the Virginian 
Church, without one of its safe-guards or redeeming qualities 
* * * * A clergymen, writing in 1714, describes the disregard 
of holy things as universal; the sacraments as neglected and 
sometimes not celebrated at all; the manners of all classes as 
dissolute; and the laws of marriage despised * * * * Mary- 
land, like Virginia, had also the misfortune of not receiving 
ministers through the Society for the Propagation of the 
Gospel. The patronage was badly administered, unworthy 
men were frequently appointed, and the whole organization 
closely resembled a corrupt civil service * * * * It is not easy 
to conceive the utter degradation of the mass of the Maryland 
clergy. Secure in their houses and glebes, and the tax settled 
by law and collected by the sheriffs for their benefit, they set 
decency and public opinion at defiance. They hunted, raced 
horses, drank, gambled, and were the parasites and boon 
companions of the wealthy planters". 1 * * * * 

Truly a shocking state of things ; which is here revealed, 
not because the picture is pleasant to dwell upon, but because 
it is necessary to enable us to understand the legislation 
presently to be noticed. Small wonder that the clergy "were 
not only despised, but they were bitterly disliked", and that 
they were constantly opposed by government and people. 

Indeed, the patience of the people seems to have been 
phenomenal. It was not until 1763 2 that the "Forty per 
Poll" was seriously interfered with, and it was then done only 
as part of an enactment for amending the staple of tobacco. 

In I77i, s however, a significant Act was passed. It was 

1 Lodge, p. 120. 2 Act, 1763, Chapter 18. 

3 Act, 1771, Chapter 31. 



178 COLONIAL MARYLAND 

limited in effect to seven years, before the end of which time 
the American Revolution was on and the "Establishment" 
a thing of the past. By this Act it was, among other things, 
provided as follows : 

"Upon a complaint in writing, by a majority of the ves- 
trymen and wardens, exhibited to the Governor and Council, 
setting forth that the incumbent hath willfully neglected to 
officiate, or hath been guilty of scandalous immorality, the 
Governor, by the advice of his Council, may appoint three 
beneficed ministers, and three laymen, in conjunction with him- 
self, or with the first member of the Council, who shall be of 
the Church of England, if the Governor be not of that church, 
to inquire into the grounds of the complaint, by taking deposi- 
tions in writing. And the sentence of this tribunal may be to 
admonish, to suspend, or to totally deprive; and, at discretion, 
they may further award the offender to pay costs. In case of 
a suspension, the Governor is authorized to appoint a minister 
to officiate in the party's stead, and to receive the income and 
profits"/ 

There is no more important act than this in the history 
of the Maryland Church. It is the first legislative declaration 
of the Maryland laity against a life-holding clergy, and was 
but the foreshadowing of what was shortly to come. 

The last Act passed during the Establishment, 2 is also not 
without its significance. The Act of 1763, reducing the 
"Forty per Poll" to thirty, expired by limitation in 1770. 
Governor Eden thereupon took the ground that the "Forty 
per Poll" was restored. The question was taken up by the 
people, Daniel Dulany leading the Governor's side and Charles 
Carroll, of Carrollton, the other side. The election of 1773 
turned largely upon the question and was decided against the 
Governor's party. 3 

In the course of this contest there developed another, 
being over no less a proposition than that the Act of Establish- 
ment of 1702 had never been law. The ground taken was 

1 Hanson. 2 Act, 1773, C. 28. s Brown, p. 266. 



CHURCH ESTABLISHMENT 179 

that the Assembly which passed the law was chosen under 
writs of election in King William's name and convened March 
16, 1701 — 2, whereas the King had died eight days' before. 
The Revolution put an end to this question, but, says Hawks, 
had it not been so determined "it can hardly be doubted that 
this objection would so far have prevailed as to overthrow the 
establishment entirely" : a striking illustration of the popular 
feeling towards the clergy and the "Establishment". 1 

The Act of 1773, Chapter 28, mentioned, provided, 
"Thirty per Poll" for the clergy, but contained a proviso that 
it was "not to influence the determination of the question 
respecting the 40 per poll law". 2 

Thus stood the "Establishment" at the close of the 
period under consideration. We examine it in vain for evi- 
dence of the adoption of any feature of the English ecclesias- 
tical law, save only as to the supposed legal effect of the 
induction of a rector. "Lord Baltimore did not found, build, 

1 This was probably the most noted political controversy within 
the annals of Colonial Maryland — more so even, perhaps, than that 
over the famous proclamation of 1770 to restore the "fee bills" as 
established by the Act of 1763 — The controversy enlisted the most dis- 
tinguished talent of the Province, and was characterized by a display 
of ability, learning, spirit and invective not often brought to bear 
upon any cause and which gave it unusual prominence. The spirit 
of resistance ran so high that in many cases payment of the tax was 
successfully resisted — notably in the case of Joseph H. Harrison, a rep- 
resentative in the House of Delegates, from Charles County. He re- 
fused to pay the tax and was arrested. He then paid it under protest, 
to redeem his person, and sued Richard Lee, the Sheriff, for false im- 
prisonment, the Act of 1702, under which the sheriff was proceeding, 
being as alleged, null and void. Though there was no actual impris- 
onment, such was the spirit and temper of the times and the state 
of public feeling upon the subject, that he was awarded damages to 
the extent of £60, the full amount claimed. Charles County Court 
Records, March 1774. — Essays relating to this controversy may be 
found in 1st Chalmers "Collection of Opinions," p. 303, 343; Maryland 
Gazette, December 31st, 1772; January 14th and 28th; February 4th, 
nth and 25th; March 18th and 25th; April 1st, 15th, 29th, and May 
27th, 1773- 

2 Hanson. 



180 COLONIAL MARYLAND 

or support the churches and chapels, either with or without 
license from the King. The people built and sustained 
them". 1 

Vestries and Church Wardens there were, but with powers 
and duties differing from those of similar officers in England, 
and all carefuly prescribed by statute. There was no arch- 
bishop, bishop, nor church government of any sort. In short, 
there was no play for the English ecclesiastical law. And 
the imperfectly understood incident of induction, which had 
been borrowed, in a blind sort of way, from the mother 
country, could not itself have found place, had the people and 
the Proprietary been at one, instead of being constantly at 
odds. 

In 1774, Maryland, in effect, renounced allegiance to the 
mother country. A provincial government was then organ- 
ized, and continued its sessions until the close of 1776, when 
the new State government had been provided. 

On November 3d, 1776, the Declaration, of Rights was 
adopted. By the thirty-third section of this it was declared, 
that no person ought "to be compelled to frequent or main- 
tain, or contribute, unless on contract, to maintain any par- 
ticular place of worship, or any particular ministry". But, 
proceeds of Declaration : 

"The churches, chapels, glebes, and all other property 
now belonging to the Church of England, ought to remain to 
the Church of England forever. And all Acts of Assembly 
lately passed for collecting monies for building or repairing 
particular churches or chapels of ease, shall continue in force 
and be executed, unless the Legislature shall by Act supersede 
or repeal the same; but no County Court shall assess any 
quantity of tobacco or sum of money hereafter, on the applica- 
tion of any Vestry or Church Wardens ; and every incumbent 
of the Church of England who hath remained in his parish, 
and performed his duty, shall be entitled to receive the pro- 
vision and support established by the Act entitled, An Act for 
the Support of the Clergy of the Church of England, in this 

1 Hawks, p. 258. 



CHURCH ESTABLISHMENT i8r 

Province, till the November Court of this present year, to be 
held for the county in which his parish shall lie, or partly lie, 
or for such time as he hath remained in his parish, and per- 
formed his duty". 

The third section of the Declaration continued in force 
existing laws, except as altered by the convention "or this 
declaration of rights." 

These provisions destroyed the "Establishment", root 
and branch. There was no "Established Church" after the 
date of the Declaration, and no "Forty per Poll" after "No- 
vember Court". More than this, there were no "patronages 
and advowsons", no "induction". The Church was left 
without law and without order. "The Rev. Jonathan Bou- 
cher and a third of the clergy sided with the Crown. Ulti- 
mately, quite all the churches were closed, and the clergy, for 
the most part, left the country". 1 

In 1779, the legislature acted on the subject of the Church 
for the first time since the Declaration of Rights. By Act of 
March, 1779, Chapter 9, select vestries in each parish were 
provided for. The sections of the Act, material to our inquiry, 
are the following: 

"That the select vestries so to be chosen, and their suc- 
cessors, shall, as trustees of the parish, be vested with an 
estate in fee in all the glebe-lands, as also in all churches and 
chapels, and the land thereunto belonging, late the property of 
the people professing the religion of the Church of England, 
and also as trustees aforesaid, shall have full property in all 
books, plate, and other ornaments belonging to said churches 
and chapels or any of them". 2 

"That the said vestrymen, or the major part of them, 
shall have full power and authority to employ a minister or 
reader of the Church of England, to officiate in their respective 
churches or chapels for such time as may be agreed upon ; and 
may take in subscriptions from all persons willing to contribute 
towards the support of such minister or reader, and also for 
the support of a clerk to such minister, and giving a salary 
not exceeding 30 pounds, to the register of such vestries. 3 

1 Bishop White's Memoirs, p. 34- 

2 Act, 1779, Section 15. 3 Ibid, Section 16. 



182 COLONIAL MARYLAND 

"That the possession and free use of all glebe-lands 
shall belong to the minister of each parish, from the time of 
his having agreed with the select vestry as aforesaid, for and 
during the time he shall continue to remain therein as minister 
of the parish; and he shall be entitled to all profits thereof 
during the time aforesaid, anything herein contained to the 
contrary notwithstanding". 1 

By Act of November, 1779, Chapter 7, this Act was 
amended (as to Section 15), by vesting in the select vestries, 
all property of the church, in their respective parishes, includ- 
ing debts, etc., which, it was thought, the earlier Act might 
not cover. 

But this Act failed to revive the church. The vestries 
complained of their limited control over the church property, 
and other objections, to the system created by the Act, were 
urged, with the result that the Act of 1798, Chapter 24, was 
passed; which, with an alteration unimportant to our consid- 
eration, 2 remains law to this day. 

The preamble recites the inadequacy of the earlier Act. to 
the exigencies of the church. The substantial changes made 
by it, which are material to our consideration, are as follows : 

The number of the vestry is fixed at eight, in addition to 
the rector, who is to preside at all meetings and have a vote in 
case of a tie, but not in any matter "in which he is in any 
manner particularly interested". 3 

The rector is to "have, except he may otherwise contract 
with the vestry, the possession, occupation, and free use of all 
the glebe-lands, houses, ground-rents, books and other property 
belonging to his parish, and be entitled to the benefit thereof 
during the time he shall officiate therein as rector".* 

The vestry is given a fee simple in all lands and a good 
title and estate in all other property of the church ; "and it 
shall be lawful for such vestry so to manage and direct all 
such property as they may think most advantageous to the 
interests of the parishioners, and they shall also have the 

Mbid, Section 17. 2 Act, 1828, Chapter 1.36, Section 3. . 

3 Act, 1798, Chapter 24, Sections 2, 8. 4 Ibid, Section 8. 



CHURCH ESTABLISHMENT 183 

property in all books, plate and other ornaments belonging to 
said churches and chapels, or any of them". 1 

The vestry is made a body corporate, with power to re- 
ceive lands and goods, and to rent or lease the lands "in such 
a manner as they may judge most conducive to the interests" 
of the parish ; but the vestry may not sell any of the property 
of the church without the consent of five at least of the body, 
of whom the rector shall be one." 

"That the vestry of each parish shall have full power and 
authority, from time to time, to choose one or more ministers 
or readers of the Protestant , Episcopal Church (heretofore 
called the Church of England), to officiate in any church or 
chapel belonging to the parish, and to perform the other duties 
of a minister therein, for such time as the said vestry may 
think proper, and they may agree and contract with such 
minister or ministers, reader or readers, for his or their salary, 
and respecting the use of the parsonage house, or any glebe 
or other lands, or other property, if any, belonging to the 
parish, and on such terms and conditions as they may think 
reasonable and proper, and their choice and contract shall be 
entered among their proceedings ; and upon the expiration of 
such contract, the said vestry may, in their discretion, renew 
their choice, or make a new contract, but if they do not incline 
so to do, their former choice and contract shall remain until 
they declare their desire to make a new choice or contract". 3 

Two important differences between these two acts are to be 
noted. By the earlier, the rector is given absolute possession 
of the glebe, etc., whereas by the latter, the vestry may, by 
the terms of its contract, keep him out of such possession. 
Again, by the earlier, provision is made only for one specific 
contract between rector and vestry, by agreement of the two 
parties, whereas, by the latter, the vestry is given power to 
choose the rector for such time as it may think proper, and if 
a time limit be set, the vestry may allow the same to pass 
without losing the right at any time thereafter, to "make a 
new choice or contract". 



1 Ibid, Section 9. 2 Ibid, Sections 28, 29. 

3 Ibid, Section 15. 



1 84 COLONIAL MARYLAND 

What, then, is the power of a Maryland vestry as to disso- 
lution of the pastoral connection of a rector previously chosen ? 

It is shown that the ecclesiastical law of England is not 
and never was in force in Maryland. As matter of law, it has 
never been decided by any tribunal having proper jurisdiction 
that even the incident of induction above noted ever had place 
in the Maryland system. But it is conceded that during the 
"Establishment" the clergy claimed life-tenure as the "legal 
effect of induction", the same as in England, and that the 
claim was so far acquiesced in that no clergyman appears ever 
to have been removed against his will. 

The important point is, that the claim to life-tenure was 
always based by the clergy upon induction. The case was the 
same in Virginia. "Without induction, the clergy was held 
to possess no freehold in his living, but was at any time liable 
to removal, at the pleasure of the vestry, without trial or even 
crime alleged against him. Under those circumstances, there 
were but few of the clergy who could consider their situations 
as permanent, for there were but few who could prevail upon 
their vestries to present them for induction. The general 
custom, therefore, was to hire the minister from year to 
year". 1 

What was this induction, that it should work such a 
result? The very act of induction answers the question: It 
was the investiture of the parson with the freehold in the 
church lands, the tenure of which was, of course, for life. 
The ceremony was as formal as the old livery of seisin, per- 
formed before the eyes of all. It gave the parson a property 
interest with which neither vestry nor parish, neither patron 
nor ordinary, could interfere when once it was vested. The 
only way in which it could be lost involuntarily was by such 
conduct of the parson as would lead to deprivation. 

The Maryland article of induction was a great improve- 
ment on the English. The rector got no freehold in anything, 
and went through no very formal ceremony, but when the 
Governor or Proprietary "inducted" him, he was in, so that no 

1 Hawks, Virginia, p. 88. 



CHURCH ESTABLISHMENT 185 

earthly power could ever get him out. Deprivations had no 
terrors for him. 

This monstrous assumption produced its natural fruit : 
hostility to the church and worse than corruption in the clergy. 
The state of affairs above set forth, could have produced but 
one result, i. e., that when the laity should ultimately come to 
deal with the clergy and its tenure it would do thorough work. 
It was just this that happened. The Vestry Act of 1779 not 
only did away with the farce of induction ; it did not even stop 
at giving the vestry the right to select a minister for the parish ; 
but it gave the vestry the right to fix the term of the rector's 
incumbency. The rector was to be employed — note the offen- 
sive word — for such time as might be agreed upon. 

Let it be remembered, too, that at the time this Act was 
passed there was absolutely no ecclesiastical authority in 
Maryland. There never had been a bishop, and the undefined, 
more than uncertain, claim of jurisdiction of the Bishop of 
London had wholly disappeared. Who was there to interfere 
between rector and vestry if they should agree? And what 
rector could get a living unless he agreed with some vestry? 

There was no diocesan convention to keep a parish un- 
represented in its meetings if it did not happen to meet the 
convention's views. In a word, the clergy^ and the vestries 
were at large, with all the power and advantage on the side of 
the latter. 

The Act of 1798 made no change in those particulars 
except to intensify them. By its terms the vestry was to 
"choose" instead of to "employ" its minister, but the rights 
of the vestry are, if anything, strengthened: in this, that the 
vestry may make its contract and let it continue in force until 
it sees fit to change it. Under the Act of 1779 some question 
may have arisen whether by allowing the rector to remain over 
his time he had not acquired a fresh term of at least one year. 
LTnder the Act of 1798, no such question can possibly arise. 1 

1 The following is the syllabus of the decision in that case of Saint 
Matthew's Parish vs. E. H. Bartlett, et al.— 75 Maryland Reports, p. 5- 

1. Under the Act of 1798, Chapter 24, incorporating the Vestries 
of the Protestant Episcopal Church and vesting in them the title and 
possession of all lands and properties belonging to the Church, the 



i86 COLONIAL MARYLAND 

Thus did the Acts of 1779 and 1798 settle the question of 
"severing the pastoral connection" in Maryland. The great 
principal of life tenure had been broken in upon. Maryland 
had had her full share of experience with a life holding clergy, 
and when she came to legislate upon the "new conditions", 
as created by the Revolution, she knew her mind on that 
subject quite as clearly as upon the subject of civil liberty. 

But, to remain secure in the rights thus established, it 
was deemed necessary, at a later date, to also procure amend- 
ments to the general canon — canon of the "National Church" 
— on the subject. 

As already stated, the English ecclesiastical law not being 
in force in this country, except as adopted ; and, there being 
no ecclesiastical courts, or other authority to deprive a clergy- 
man of his benefice, and the English law in that regard, being 
incapable of adoption ; and, there being no statutes, penal or 
otherwise, governing the subject of deprivation, or "dissolu- 
tion of the pastoral connection", it became necessary that 
some provision on the subject be made, either by the National 

vestry is not only authorized to "choose" or appoint a minister, but his 
tenure and the termination of his pastoral relations are the subject 
matter of contract between the vestry and himself. 

2. That Title Second, Canon Fourth, of the Canons of the 
Protestant Episcopal Church is inconsistent with the Act of Maryland 
of 1798, and is therefore not in force in the State of Maryland. 

3. That in this case the vestry engaged the rector in compliance 
with the Act of 1798, and under its provisions, having contracted to 
pay him a certain sum per year, no other reference to time being 
made, it was a contract for a definite time, i. e., from year to year, and 
if such contract had been made for an indefinite time it would have been 
one to be determined at the will of either party. 

4. That in the case before the court, the vestry acted within their 
powers under the law, and the complainant, Hipkins, is no longer rector 
of the parish and his bill is dismissed. 

The Act of 1798 is not to be found, it is true, in the code. But the 
code is a codification of the public general laws and the public local 
laws. This Act is neither a public general law nor is it a public local 
law. It is a mere private Act incorporating the vestries of a particular 
religious denomination, private corporations, and being a private law it 
was not and could not properly be codified as part of the public general 
laws. 



CHURCH ESTABLISHMENT 187 

Church, or by the churches in the several dioceses, or by both 
of them. 

Now, it happened, as of necessity, that the National 
Church, or General Convention, was formed by the union of 
churches in various dioceses : at first, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, and Virginia, 
and afterwards, Massachusetts and New Hampshire. 1 With- 
out going- into the subject in detail, it is a matter of common 
knowledge that the National Church was modeled upon the 
Union of the States, with the familiar incidents of granted and 
reserved powers. Gradually, the constitution took form and 
the body of canons grew. 2 

Until 1804, however, there was no canon dealing with the 
dissolution of the pastoral connection. In the year mentioned, 
there was presented to the General Convention, the memorial 
of Trinity Church, New Jersey, respecting "an unhappy dis- 
pute between that parish and its rector". 3 The result — very 
much as it would have been in the Congress of the United 
States, in a political matter originally unprovided for — was a 
legislative provision, much deprecated by some, but thought 
necessary, and, therefore, advisable by the majority. 

The object was to govern the matter of severance of the 
pastoral connection by general law. The original of the 
canon, "Title II, Canon 4", was the outcome. This canon 
took very much the form it now has, in 1832, and was finally 
put in its present form, in 1877/ 

That canon professedly deals with the dissolution of the 
pastoral connection, and it prescribes a method for bringing 
about such dissolution. It enacts, in fact, that no rector shall 
be removed from his own parish against his will, except as 
provided by the canon. And it proceeds to provide that if 
the rector does not want to go, he may appeal to the bishop, 
or other proper ecclesiastical authority, who shall be "the 
ultimate arbiter and judge" in the matter. And if the bishop, 

1 Andrews, pp. 24, 30. 

2 See Bishop White's Memoirs, Bishop Perry's History of the 
American Episcopal Church; Hawk's Ecclesiastical Constitutions. 

3 Bishop White's Memoirs; Perry's Handbook, p. 104. 

4 Digest of Canons. 



188 COLONIAL MARYLAND 

should decide in favor of the rector, and the parish should not 
submit, the parish shall thereupon become disqualified "from 
representation in the convention of the diocese, until it shall 
have been declared by the ecclesiastical authority to have given 
satisfactory guaranties for the acceptance of and compliance 
with the arbitration and judgment". But it provides also 
that it shall not be in force in any diocese with whose laws it 
may interfere. 

From the very first, the right of the National Church, or 
General Convention, to make canons was very guardedly 
allowed and its exercise was most jealously watched by the 
several dioceses. 1 

In the same General Convention of 1804, there were 
adopted canons requiring the induction of ministers to entitle 
them to be considered as "regularly settled", and also 
providing for the "dissolution of the pastoral connection". 
Because the provisions of these canons interfered with the 
rights of certain of the dioceses under existing local law and 
usage they were so qualified at the very next convention, as to 
save all local rights. 

Maryland was one of the dioceses affected by the canons 
mentioned. Says Bishop White, as to the requirement of 
induction : 2 "In Maryland the measure interfered directly 
with the vestry law". Hawks 3 says, in relation to the same 
matter : "This justly gave alarm to the Maryland Church. 
The vestry Act had settled the rights of ministers as parochial 
clergymen, and there was consequently some uncertainty, to 
say the least, as to the legal effect in Maryland of an induction 
* * * * In 1807, therefore, the delegates from the diocese to 
the General Convention were instructed, if possible to have the 
canon relating to induction reconsidered * * In 1808 it enacted 
that the canon should not be obligatory on the church in those 
States with whose usages, laws or charters it interfered". 

In as full a sense and to as full an extent the canon relat- 
ing to the "dissolution of the pastoral connection" en- 
croached upon the rights of the Maryland Church and 

1 Andrews, pp. 58, 59. 2 Bishop White's Memoirs, p. 231. 

3 Hawks, pp. 363, 364. 



CHURCH ESTABLISHMENT 189 

"interfered directly with the vestry law", which allowed the 
vestry to contract at pleasure with its minister. Accordingly, 
this canon was also, at the same time, similarly amended by 
the provision now contained in section four, to wit: That it 
shall not be in force in any State, with whose laws it may be 
inconsistent. 1 

That these canons are not in force in Maryland, is evi- 
denced by another most significant consideration. The Con- 
vention did not like to make these amendments, and, in acting, 
used these words: "It is understood the church designs not 
to express an approbation of any laws which make the station 
of a minister dependent on anything else than his own sound- 
ness in the faith or worthy conduct". 2 

In the light of the Convention's protest, in amending the 
canons under consideration, what becomes of that loose, but 
not uncommon assertion, that life-tenure of the clergy is the 
universal underlying principle of the Protestant Episcopal 
Church? Hoffman's remarks upon the relations of rector 
and Vestry in New York, are not inappropriate here : 

"In closing this important branch of the subject, I beg to 
remark that clergymen too often forget the new and peculiar 
relation in which they place themselves, when the church they 
belong to has been incorporated by the State. Whenever the 
provisions of such statutes expressly, or by necessary implica- 
tion, govern his relations with a vestry or congregation, or 
otherwise, they form the absolute law for him". 3 

Nothing can be plainer than that, view the case as we 
may, we are thrown upon the Maryland vestry law for a 
solution of the question at issue. 

Under that law, the vestry may choose a minister for such 
time as it may think proper, and may agree with him as to 
salary on such terms and conditions as it may think reasonable 
and proper; and, upon the expiration of the contract, the 
vestry may renew it, but if not renewed, the vestry's choice 
and contract shall remain until it declares its desire to make a 
new choice or contract. 

Hoffman, p. 122. 2 Ibid, p. 332. 

3 Ecclesiastical Law of New York, p. yy. 



CHAPTER XI 
Some of Maryland's Early Churches 



TN 1692, the Church of England became, by law, the estab- 
lished Church of the Province. Provision was made for 
dividing the several counties into parishes, the election of 
vestrymen for each, and the imposition of a poll tax of 40 lbs. 
of tobacco upon all the taxable inhabitants of each parish, for 
the support of the same. 1 

Under this Act, the counties of the Eastern Shore were 
divided into thirteen parishes, as follows : Kent, into Saint 
Paul and Kent Island ; Cecil, into North Sassafras and South 
Sassafras; Talbot, into Saint Paul's, Saint Michael's, and 
Saint Peter's ; Dorchester, into Great Choptank and Dorches- 
ter ; and Somerset, into Coventry, Somerset, Stepney, and 
Snow Hill. The counties of the Western Shore were divided 
into seventeen parishes, as follows: Anne Arundel, into Saint 
Margaret's, Westminster, Saint Anne's, Saint James', and All 
Hallow's ; Baltimore, into Saint George's, Saint John's and 
Saint Paul's; Calvert, into All Faith, Saint Paul's, Christ 
Church, and All Saints; Charles, into William and Mary, 
Port Tobacco, Durham, and Piscataway or Saint John's ; and 
Saint Mary's, into William and Mary, and King and Queen." 

The following is the record of proceedings for the laying 
out of Saint Mary's County into parishes: 

"To his Excellency the Governor and Council. 

"The bounds and limits of Saint Mary's County par- 
ishes laid out the 5th day of September, Anno Dom. 1692, by 
virtue of a late Act of Assembly thereunto directing, are as 

1 Act, 1692, C. 2. 

2 Archives (CI. Pro. 1692) pp. 472-475; Perry's American Colonial 
Church; Old Brick Churches in Maryland, pp. 34, 127, 128. 



EARLY CHURCHES 191 

follows, viz: It was by the Justices and Freeholders of the 
said County, for the aforesaid end and purpose met at Newton 
the day and year above said, and then and there agreed that 
Saint Mary's County be divided into two parishes, and that 
the same be divided between Newtown hundred and Clement's 
hundred by Mr. Langworth's (Saint Clement's) branch which 
leads to Pottuxen main road, the lower whereof to be called 
by the name of William and Mary Parish, and the upper, by 
the name of King and Queen Parish. 

"Certified from the records of Saint Mary's County Court, 
this 2nd day of March, in the fifth year of their Majesty's 
Reign, Anno Dom. 1692. 

"P. me Henry Denton, CI." 1 

By this division, William and Mary Parish embraced all 
that part of the County lying between Saint Clements Bay and 
Point Lookout, its boundaries being, the Potomac River, Saint 
Clement's Bay and River, the Calvert County line (then near 
Three Notched road to Pyne Hill Run, and with it to the bay), 
and the Chesapeake Bay to Point Lookout. And thus it 
continued, until Saint Andrew's Parish was erected in 1745, 
when the upper boundary was changed to Poplar Hill Creek, 
on the Potomac, and from thence by a line through Clifton 
Mills, (the Factory) to Legrand's Creek on the Patuxent. 
The records in which the boundaries of the Parishes of Saint 
Mary's County were recorded, perished when the Court House 
was burned in 1831, but the above mentioned line, separating 
William and Mary Parish from Saint Andrews, was ascer- 
tained and again defined in 185 1, when William and Mary was 
divided into two parishes — Saint Mary's, all that part on the 
east side, and William and Mary — all that part on the west 
side of the Saint Mary's River, the latter parish extending up 
the County to a line drawn from Poplar Hill Creek to Clifton 
Mills, and the former to a line drawn from Clifton Mills to 
Legrand's Creek on the Patuxent. 2 

The first Vestry of William and Mary Parish, elected 1692, 
was composed of John Campbell, Kenelm Cheseldine, Robert 

'Archives (Pro. CI. 1692) p. 474. 

2 See Proceedings, P. E. Convention, 1851. 



192 COLONIAL MARYLAND 

Mason, John Watson, Thomas Beall and John Llewellin. 1 Its 
first Parish Church was "Poplar Hill Church", (now known 
as Saint George's), and which continued to occupy the same 
relation to the parish as it now does to that part of it which 
still bears the original name. 

Of this venerable old edifice — erected as early as 1642, 
and the second Church of England built by the Maryland 
Colonists 2 — unfortunately, but little is known. Its location, 
however, is still susceptible of identification. It was a brick 
building, and stood about fifteen feet north of the present 
Poplar Hill Church, and, as indicated by its still visible out- 
lines, its dimensions were about thirty-six by fifty feet. 

The present church was erected, it is said, about 1750. 
The early records of the parish are no longer accessible ; but, 
in the Whittingham Library, there are a few extracts taken 
from them, shortly before their destruction by fire, early in 
the present century. Among them, is the following order for 
some repairs to Poplar Hill Church: 

"At a Vestry held at Poplar Hill Church, April 10, 1721, 
the vestry agreed wth Mr. Josh Doyne to repair the windows 
of Poplar Hill Church. Vizt. To make four iron casements 
to be fitted to ye middle light of ye side windows, and to find 
glass for what is wanting. In consideration thereof, to allow 
the said Doyne 300 lbs. of Tobo for the iron casements, and 
for what glass is new, measured from end to end, each light 
at 12 lbs. of Tobo pr foot. And for what is only mended by 
putting Paises of glass into the old lead, the lights to be meas- 
ured and to be allowed 6 lbs. of Tobo pr foot". 

"Likewise the same did agree with Mr. Josh Doyne to 
place a window in the west end of Poplar Hill Church, 6 foot 
square from out to out, and a new frame, the said Doyne to be 
allowed 400 lbs. of Tob. for the same". 

At this time, Messrs. Richard Hopewell, George Clark, 
William Harrison, Anthony Semmes, William Canoday, and 
James Waughop, appear to have been the vestrymen of the 
parish. 

1 Perry's American Colonial Church. 

2 Who Were the Early Settlers of Maryland— Allen. 



EARLY CHURCHES 193 

In the same library, is the following letter, from an early 
rector of the parish, which shows a cordial and liberal response 
of its parishioners to the appeal of Governor Sharp in behalf 
of the suffering people of Boston, consequent upon the destruc- 
tive fire there, in 1760: 

"May it please your Excellency : 

"Since my letter of the 17th instant, I received last 
Sunday, at Poplar Hill Church, (quite unexpected) after 
divine Service, some more Money on Account of the Sufferers 
by the late dreadful Fire at Boston. I thought it incumbent 
on me to acquaint your Excellency of any further Sum that 
shou'd be collected ; that thereby you may be informed of the 
Donations received by me. The Sum total now amounts to 
Seventeen pounds eleven Shillings and four pence half penny, 
which I have paid the Sheriff in Obedience to your Commands, 
and am 

"Sir, with the greatest Duty and Respect 
"Your Excellency's Most obedient and humble Servant, 

"Moses Tabbs. 
"St. Mary's County 

"June ye 25th 1760. 

"To his Excellency." 

In 1724, the Rev. Leigh Massey reported to the Governor 
that the parish contained two churches, about 500 parishioners 
and "an extraordinary glebe of 400 acres, but the house very 
indifferent". 1 

In the chancel of the old church was a horizontal slab, 
still in good preservation, containing the following inscription : 
"Near this place lyes inter'd the Revd. Mr. Leigh Massey. He 
was educated at Oxford, Rector of this Parish, the darling of 
his Flock and Beloved by all who knew him. He dyed Janu- 
ary io, 1732-3; aged 29". 2 In the isle which led from the 

1 Perry's American Colonial Church. 

2 The Rev. Leigh Massey, for many years the close friend and 
spiritual adviser of Washington, was the nephew of Mr. Massey, of 
Poplar Hill. He married the daughter of the distinguished lawyer 
and patriot of Virginia, George Johnston, and was the grandfather of 



194 COLONIAL MARYLAND 

front door to the altar, is still to be seen another slab, 
which is to the memory of Joseph Holt who died in 1701. 
Near these, was discovered in 1886, several inches below the 
surface, a rectangular slab, to the memory of the Rev. Francis 
Sourton. On it is engraved a curiously quartered shield, 
supposed to be his coat-of-arms, and an epitaph in latin, 
translated as follows : "Francis Sourtin Anglican of Devon- 
shire, son of Francis minister of evangelic truth. He was 
sedulous in a life often afflicted, and was buried in 1679". 
The legend, also in latin, has been translated thus, "And 
thou reader living in the Lord Jesus Christ, keep the faith, and 
thou also, though dead, shall live". 1 

In 1675, Robert Cager, of Saint Mary's, devised his 
property "for the maintenance of a Protestant ministery in 
Poplar Hill and Saint George's hundred. The following year 
the legislature confirmed the devise, and vested the title in the 
Mayor, Aldermen and Council of Saint Mary's City in trust for 
said purposes". 2 A part of this endowment — one of the 
earliest in Maryland — is the present glebe of Poplar Hill 
Parish (separated from William and Mary Parish in 1850) a 
tract of 400 acres, which still retains its original name "Itch- 
comb Freehold". It is a curious coincidence that one of the 
executors of the will of Robert Cager was Mr. Francis Sour- 
ton, 3 of Devonshire, England. In 1701, Mrs. Elizabeth Baker 
also devised to the parish a tract of 100 acres, called "Town 
Land" and situated near Saint Mary's City. 4 

the late Major John T. Stoddert, of "Wicomico," Charles County, 
Maryland. He is said to have been a ripe scholar and a great wit. 
It is recorded of him that, he retired from the law, because his "con- 
science would not suffer him to make the worst appear the better 
reason ;"' ceased preaching because of the "loss of his fore teeth ;" 
withdrew from medicine, because he practiced without charge, because 
he was "sent for by everybody," and declined a judgship, because it 
"took him too much from his family." He died in 1814, at the ad- 
vanced age of eighty-six years. — See interesting letters about him 
from Major J. T. Stoddert, in Meades Virginia. 

1 For data as to Trinity Church, on Trinity Creek, and the old 
State House at Saint Mary's, which was dedicated to public worship, 
and both within the limits of this parish. — See pp. 39, 40, 75, 76. 

2 Archives, Act, 1676, p. 531. 3 Ibid. 
* Will, Will Record Saint Mary's County. 



EARLY CHURCHES 195 

A few large, well bound and handsomely marked volumes 
of the old "Parish Library" established in 1701 by the Rev. 
Thomas Bray, Commissary of Maryland, have been preserved. 1 

As the early records have perished, the names of the 
clergymen who officiated within the limits of the parish, before, 
as well as after its organization, and obtained from other 
sources, are here given. 

As early as 1639, the Rev. Thomas White was at Saint 
Mary's, and while there married John Hallis and Restitua 
Tue, 2 servants of Cornwaleys, and which is believed to be the 
first protectant marriage ceremony performed in Maryland. 
In 1650, the Rev. William Wilkinson — the first permanent 
protestant minister in the Province — came to Maryland, 
located in Saint George's hundred and for thirteen years 
officiated at Poplar Hill and Saint Mary's. 3 He died in 1663, 
and was succeeded by the Rev. Francis Sourton. Mr. Sourton 
was probably in the parish as early as 1676. 4 He died in 1679. 5 
In 1683, the Rev. Duel Pead was in the Parish, and in Novem- 
ber of that year the Legislature passed a vote of thanks to 
him "for the learned sermon preached before the two Houses 
of Assembly on the 14th inst". 6 In 1689, the Rev. Paul 
Bertrand, who four years before had been sent from England 
to Calvert County, in response to the petition of Mary Taney, 7 
was at Poplar Hill, 8 and in 1692, when the Parish was formally 
organized, the Rev: Thomas Davis was in charge. 9 He was 
succeeded in turn, by the Revs. James Crawford in 1694, 10 
Peregrine Coney in 1696, 11 Benjamine Nobbs in 1700, 12 Joseph 
Holt in 1701, 13 Henry Jennings in 1706," Leigh Massey in 
1723 (died there in 1733), 15 Lawrence De Butts in 1735 (died 

1 In the possession of Mrs. Charles Grason. 

2 Rev. George A. Leakin, in Maryland Churchman, September, 
1892; Neill, p. 78. 

3 Day Star, p. 145. 4 See Will, Robert Cager. 
B See tombstone at Poplar Hill. 6 Arch. (Ass. Pro.) pp. 483, 562. 
7 Gambrall, p. 67. 8 Rev. M. H. Vaughan. 

9 Allen. 10 Ibid. ai Scharf, 1, p. 352. 

12 Ibid, p. 366. "Allen. "Ibid. 

ls Act, 1723; Tombstone at Poplar Hill. 



ig6 COLONIAL MARYLAND 

there in 1752) ; x Moses Tabbs in 1752, and served until his 
death, which occurred in 1776; 2 Rev. Joseph Messenger, of 
Saint Andrews Parish, officiated in William and Mary after 
the death of Mr. Tabbs and until 1786 ; 3 Rev. Ben j amine 
Sebastine in 1786, from Christ Church, Calvert County ;' 
Rev. James Simpson, from 1788 to 1793; Rev. Andrew 
Elliott in 1795 ; Rev. Charles Smoot, made Deacon by 
Bishop Claggett, June, 1793, Priest, November, 1795, (died 
there in 1805) ; Rev. Francis Barclay, from 1808 to 1810; Rev. 
James Jackson, from 1812 to 1816 ; Rev. John Brady, from 
1816 to 1822 (died there in 1822) ; Rev. R. Kearny, from 1824 
to 1828 ; 5 Rev. H. N. Hotchkiss, in 1829, during whose min- 
istry the proposition to pull down the old State House at 
Saint Mary's was carried. He is said to have displaced the 
first bricks, died a few days thereafter and is buried in the 
Northwest corner of the lot upon which it stood. 6 

The interesting and valuable early records of King and 
Queen Parish, in Saint Mary's County, have been destroyed, 
and all that can now be obtained of its earlier history, must be 
gathered from scattered documents, references, and legislative 
enactments. 7 

When it was first laid out, it extended from Saint Clem- 
ents Bay and Run to the extreme northern end of the county, 
and then defined, and which embraced within its limits, the 
territory known as "Newport Hundred", now a part of 
Charles County. Its boundaries were £aint Clements Bay 
Run (the latter then called Langworth's Branch), the Calvert 
County line (then near the Three Notched Road) to the upper 
extremity of Newport Hundred, thence to the head waters of 
Wicomico River (now Zachiah Swamp) and with the Wicom- 
ico and Potomac Rivers to the beginning. 8 

1 Maryland Gazette, July 9, 1752. 2 Allen. 

3 Ibid ; Saint Andrew's Records. 4 Allen. 

6 Ibid. 6 Pilate and Herod, 13. 

7 The substance of this sketch of King and Queen Parish, was 
given to "The Church Militant," the official organ of the Bishop of 
Washington, and was published by it in December 1898. 

8 Archives (CI. Pro. 1694) p. 475. 



EARLY CHURCHES 197 

In 1706, Newport Hundred was taken away, and united 
to William and Alary Parish, in Charles County, 1 but, in 171 5, 
"it appearing that the severance had been obtained by mis- 
representation", it was again united to King and Queen 
Parish, 2 where it remained until 1748. In 1744, an Act was 
passed to unite all that part of King and Queen Parish lying 
in Charles County, to Trinity Parish, in said County.' 5 The 
Act went into effect in 1748/ thus making the dividing line 
between Charles and Saint Mary's, the upper boundary of the 
parish, as it is to-day. In 1745, the lower boundary of the 
parish was extended down to Bretton's Bay and Run, its east- 
erly boundary, as established at the same time, being a line 
drawn, north 423^ degrees west, from Major Barnes' mill 
(on Bretton's Bay Run, about half a mile above the plank 
bridge), to the upper extremity of the county, 5 but, in 1748, 
on complaint to the General Assembly, that the latter line 
"did not leave to King and Queen Parish a proportionable 
number of taxable inhabitants", it was changed, and a line 
running north 36 degrees west, fro mMajor Barnes' mill, was 
adopted in its stead, 6 and became the permanent dividing line 
between the Parishes of King and Queen and All Faith. 

The first parish church was probably Newport Church, then 
located in about the centre of the parish. In 1735, the rector, 
vestry, and church wardens, were authorized by the General 
Assembly "to purchase two acres of ground to build a church 
on, in that part of the parish lying in Saint Mary's County. 
and to raise a fund, as well as to complete the said purchase 
and building, as to repair Newport Church within said parish". 7 
The following year a special assessment was ordered for these 
purposes, and the freeholders of the parish were directed to 
meet "in order to choose a place to build the said church 
upon". 8 The place selected was Chaptico, and the church 
was completed in 1737. It is a capacious brick building, with 
steep roof, arched windows, and recess chancel. The ceiling, 

'Act, 1706, C. 7- "Act, 1715, C. 13. 

3 Act, 1744, C. 14. 4 Act, 1748, C. 9. 

5 Act, 1745, C. 4- 6Ac t, 1748, C. 4- 

7 Act, 1735. C. 9- "Act, 1736, C. 13- 



i 9 8 COLONIAL MARYLAND 

from front to rear, on both sides, is square to the outer lines 
of the chancel, and is supported by corinthian columns. From 
these square ceilings, an arched middle ceiling rises at a grace- 
ful angle, and, with the chancel ceiling, forms an arched 
ceiling through the entire middle of the building. It still 
stands, is in excellent preservation, and is an uncommonly 
handsome specimen of colonial church architecture. 

In 1750, an Act was passed for the erection of "a chapel 
of ease in King and Queen Parish, in which the minister is to 
officiate every third Sunday". 1 This chapel was a frame 
building; was called All Saints, and was located on the site 
of the church still bearing that name, but built within the 
present century, and said to be the third in order erected on 
that site. 

A little below All Saints, on Saint Paul's Creek, stood 
the little Episcopal Church of Saint Clement's Manor, erected 
as early as 1642 — the third Protestant church built by the 
Maryland colonists. 2 The land for the site of this church, 
and a glebe, was given by Thomas Gerrard, the lord of Saint 
Clements Manor. He was a Roman Catholic, but his wife, 
Susannah, a sister of Justinian Snow, was a Protestant, 3 and 
under her auspices the chapel was built. How long this little 
memorial of English church life in early Maryland stood, is 
not known. In 1696, the Council ordered the vestry of King 
and Queen Parish "to have the bounds settled of the one 
hundred acres of land given to the church by Thomas Ger- 
rard". 4 No mention is made of the chapel at that time, and, 
as another one had been built elsewhere, it may be assumed 
that it had disappeared. 

The latter chapel was at Wicomico (between Plowden's 
Wharf and Bluff Point), the stream on which it stood still 
being known as "Church Run". In 1696, Captain Gerard 
Slye complained to the Council "that the chapel built for the 
parish at Wicomico was on his land", 5 and asked that it be 

^ct, 1750, C. 21. 

2 Who Were the Early Settlers of Maryland, p. 29. 

3 Day Star, p. 55- 'Archives (CI. Pro. 1696). 6 Ibid. 



EARLY CHURCHES 



; 9y 



removed. This, however, was not done, and the chapel was 
still standing in the early part of the present century. It was 
erected in 1694. On July 30th, of that year, it was reported 
to the Council "that it was then going forward to be built 
nigh Captain Coades" 1 — the Bluff Point estate before men- 
tioned. 

In 1750, the vestry was authorized to sell the glebe land 
given by Thomas Gerrard, and to purchase a glebe nearer the 
centre of the parish. 2 In 1654, William Marshall gave "three 
heifers", from which a stock of cattle was to be raised "for 
the maintenance of a minister which is to be in the now 
known neck of Wicomico". 3 This, and the donation of land 
by Doctor Gerrard, are worthy of mention as the first church 
endowments in Maryland. That part of the parish in which 
the several chapels above referred to were located, is now 
within the limits of All Saints' Parish, carved out of King and 
Queen, and erected in 1893. 

Among the fragmentary extracts from the early records 
of the parish, preserved in the "Whittingham Library", is a 
reference to the purchase in 1770 of "one silver Chalice Cup 
and cover", "a marble font and pedestal, two Baskerville's 
Bibles, two Royal Common Prayer Books, with Psalms, and 
two pulpit cushions". Whether the handsome communion 
service and marble font now in use at Chaptico church were a 
part of this purchase, has not been definitely ascertained. A 
tradition prevails that they were presented to the parish by 
Queen Anne, and that the service and font purchased in 1770, 
were for All Saints' Chapel. Be this as it may, it is suscepti- 
ble of proof that a separate communion service and font were 
in use at the chapel from an early date and the further fact 
that there is no evidence extant of the purchase of any other 
service for the parish, lends color to this much cherished tradi- 
tion. 4 In 1773, an organ, said to have been a superior 

1 C1. Pro. 1694. 2 Act, 1750, C. 17. 

'Archives (Pro. Ct.) p. 393. 

4 Ridgely, in her excellent work, "The Old Brick Churches of 
Maryland," says : "the design of this church, simple but in perfect 



200 COLONIAL MARYLAND 

instrument for that day, was purchased for Chaptico Church. 
The following year the General Assembly authorized an 
annual levy of five pounds of tobacco per poll, to be made for 
the support of an organist. 1 This is one of the few instances 
in Maryland in which a church organist was paid by a general 
taxation. In 1813, the British broke into Chaptico Church, 
and in addition to other depredations, completely destroyed 
this old organ. 

The first vestry of King and Queen Parish (1692) was 
composed of Nehemiah Blackston, Richard Clouds, John Dent, 
Philip Briscoe, John Coade and John Bartcroft. 2 At the com- 
mencement of the American Revolution the vestry consisted of 
John Eden, William Thomas, Hanson Briscoe, Zachary Bond, 
John Dent, Thomas Bond and John Briscoe. 3 

The first minister in the parish, after its organization as 
such in 1692, was the Rev. Christopher Platts." In 1715, the 
Rev. John Donaldson was inducted rector of the parish. In 
his report to the Governor in 1724, he stated that he had been 
in the parish nine years, and that it contained two churches, a 
glebe and two hundred families, 5 that "the Parish is 36 miles 
long and about 7 miles wide". Mr. Donaldson remained 
rector of the parish until his death, which occurred in I747-* 
He was succeeded by the Rev. Richard Brown. In 1761, it 
was proposed that the Rev. Mr. Swift of Port Tobacco and the 
Rev. Mr. Brown of King and Queen, exchange parishes. 
In writing Lord Baltimore on the subject, Governor Sharpe 
took occasion to say, "that the Parishioners of Port Tobacco 
Parish have nothing against Mr. Swift except that he is a very 
poor and heavy preacher, and in that respect they would be no 
better off with the Rev. Mr. Brown". 7 The exchange was 

harmony, is attributed to no less a personage than Sir Christopher 
Wren, the architect of St. Paul's Cathedral, London." As Sir Chris- 
topher Wren died in 1723, this error must have proceeded from an un- 
certainty of the date at which the Church was erected — 1735. 

x Act, 1774, C. 7- 

2 Perry's American Colonial Church. 3 Hanson. 

4 Scharf, 1, p. 366. 5 Perry's American Colonial Church. 

8 Bacon. 7 Archives, Sharpe's Correspondence, p. 529. 



EARLY CHURCHES 201 

not made, and Mr. Brown remained in the parish until 1773, 
when he resigned. His successor was the then Curate, the 
Rev. George Goldie, 1 who continued to fill the position as 
rector of the parish until the Revolution. There is some 
evidence, indeed, tending to show that he remained in the 
parish until the time of his death, 1791, with the exception of 
the year 1776, but this has not been definitely ascertained. 
Mr. Goldie was licensed by the Bishop of London in February, 
1766, and had been Curate to the Rev. Thomas Bacon in All 
Saints' Parish, Frederick County." 

Formerly there was situated on the northerly side of 
the church, and near the front, a frame vestry-house, sur- 
mounted by a belfry, and which was used also as a school 
building. At the rear of the church, and immediately beyond 
the chancel is the Key vault, over the entrance to which is a 
stone bearing the family coat-of-arms. 

The record of the proceedings for the laying out of All 
Faith Parish is as follows : "At a Court held at Benedict — 
Leonardtown, the 14th day of February, in the year of our 
Lord God, 1692, and in the fifth year of the reign of our 
sovereign Lord and Lady, King William and Queen Mary, by 
the grace of God, King and Queen of England, Scotland, 
France and Ireland, defenders of the faith, etc., by the justices 
therein, authorized and appointed, together with the most 
principle freeholders thereunto called for the laying out of 
Parishes on the east side of the Patuxent River, in Calvert 
County, being in obedience to an Act of Assembly, entitled an 
Act for the service of Almighty God, and for the establish- 
ment of the Protestant Religion in this Province, made at the 
City of St. Mary's, the 10th day of May, Anno Dom. 1692, 
present, Mr. Thomas Tasker, Mr. Thomas Holliday, Mr. 
John Bigger, Mr. Francis Hutchins, Mr. James Keech, Mr. 
William Parker, and Mr. Francis Freeman, commissioners 
* * * * It is concluded and agreed on by the justices above 
named and by the principal freeholders at the time and place 

1 Extract in Whittingham Library. 

2 History, Western Maryland, 1, p. 505. 



202 COLONIAL MARYLAND 

above said, met together: that from the main branch of 
Swanston Creek to the lower part of Harvey Hundred, be in 
one parish, the church of the said parish being already built, 
standing by the fork of Trent Creek, called by the name of 
All Faith Church. This remarkable name was probably cor- 
rupted from Alt Faith, Alt being an old English word synon- 
ymous with old, meaning, the Old Faith. The vestrymen 
appointed and chosen by the principal freeholders, met to- 
gether at the time and place above said, being Capt. James 
Keech, Mr. John Smith, Mr. Richard Sotheron, Mr. John 
Gillam, Mr. Charles Ashcom, Air. Richard Gardner. Very 
Copia pr Henry Jowles, Clk. of Calvert County". 1 

In 1695, the territory embraced within the limits of All 
Faith Parish, lying between Indian Creek and the lower part 
of Harvey hundred, was annexed to Saint Mary's County, 2 
and in 1744 that part of the parish lying north of Indian 
Creek, was united to Trinity Parish in Charles County, 3 thus 
leaving the whole of All Faith Parish within the domain of St. 
Mary's County. 

The first westerly boundary of the parish, was the original 
dividing line between Saint Mary's County and Calvert County, 
and this continued for many years and until the new dividing 
lines between All Faith and King and Queen Parishes, fully 
described in sketch of the latter parish, were established. The 
southerly boundary of the parish, was in 1745, changed from 
the lower part of Harvey Hundred to Bretton's Bay run, the 
line as thus adopted, extending from Major Barnes' mill to 
Coles Creek on the Patuxent River. 

In 1765, the Justices of Saint Mary's County were directed 
by the Assembly to make a levy of 120,000 lbs. of tobacco for 
the use of the vestry of All Faith Parish, who were authorized 
to "build a new church where the old one stands" and also to 
"purchase from Mr. Thomas Reeder an acre of the land 
whereon John Knott formerly lived, and to contract for build- 

1 Archives (Pro. CI. 1692) p. 473. 

2 Act, 1695, C. 13. 3 Act, 1744, C. 14. 



EARLY CHURCHES 203 

ing thereon a chapel of ease". 1 The old parish church was 
pulled down and a handsome brick edifice, still in excellent 
preservation, was erected on the same site. 

The land upon which All Faith Church stands was donated 
it appears, by Mr. John Price, who gave one acre of ground 
for that purpose, and to enlarge the lot, Mr. James Keech, in 
1734, gave an additional half acre. 2 

The one acre of ground for the "Chapel of Ease" 
provided for in the Act of 1765, was purchased and the Chapel 
erected. It was known as the "Red Church" and stood on 
the west side of the public road leading from Saint Josephs to 
Oakville, about fifty yards from the road, and about two 
hundred yards below the fork made by the conjunction of the 
Patuxent road with it. This little chapel has long since dis- 
appeared, and lives only in the memory of a few, but its site, 
and that of the adjoining graveyard, although sadly neglected, 
and now covered with a wild and luxuriant forest growth, are 
still discernible. 

There had been a Chapel of Ease in the parish from a 
much earlier date. It was located on the east side of the "three 
notched road", near what is known as "Sandy Bottom", then 
in the lower part of the parish. When, however, the bounds 
of the parish were curtailed in 1745, this little chapel fell with- 
in the limits of Saint Andrew's, and for further particulars of 
it, see the account of that parish. 

In 1724, the Rev. Robert Scott, the then rector, reported 
to the Governor that the parish contained "two churches 
about twenty miles apart", a "glebe with a small house on 
it", "two setts of communion service, two flaggons, cushions 
and valance for the pulpit" besides "152 protestant and 52 
popish, families". 3 

In May, 1734, the Rev. Arthur Holt wrote the Bishop of 
London that "he had been inducted in the parish that year", 
and that though in "most respects an agreeable position", it 



^ct, 1765, C. 5- 

2 Records, All Faith Parish. 

3 Perry's American Colonial Church. 



2o 4 COLONIAL MARYLAND 

was "such a laborious one", that he was compelled to ask to 
be relieved from the charge. The parish, he stated "is but 
little short of 60 miles in length, and is very mountainous and 
hilly. One Lord's day I must ride (going and coming) about 
14 miles, and the next about 34 miles. My congregations are 
much larger than my two churches can hold, so that the people 
are obliged to crowd at the outside of the doors and 
windows". 1 

Than the last mentioned fact, it may be added, no other 
evidence is necessary to establish the position which Mr. Holt 
occupied in the parish as a pulpit orator, whatever may be the 
consensus of opinion upon his unwillingness to traverse the 
"gentle hills and beautiful valleys" of the lower Patuxent. 2 

The clergymen who officiated in All Faith from its organi- 
zation as a parish to the Revolution, were Rev. Thomas Davis, 
1694; William Dacres, (clerk of the vestry) 1695; Rev. Mr. 
Plats, (six sermons at 500 lbs. of tobacco per sermon) 1698; 
Rev. Ben j amine Nobbs, (minister for lower half of parish 
officiated occasionally at the Parish church) 1698, 1699 and 
1700; Rev. Joseph Holt, (six sermons) 1701 ; Rev. George 
Tubman, (four sermons) 1702; Rev. George Trotter, (one 
year) 1703; Rev. Mr. White, (six sermons on Saturdays) 
1707; Rev. Henry Jennings, (at the chapel one year) 1708; 
Rev. Robert Scott, served from 1708 to time of his death, 
1733, with Rev. Hugh Jones as assistant, at both churches 
from 1730 to 1733; Rev. Arthur Holt, (one year) 1734; Rev. 
John Urquhart, served from 1734 to time of his death, 1764; 
Rev. Mr. Lander, (eleven months, preaching every second 



Mbid. 

2 In 1719, the vestry, through, Thomas T. Greenfield, purchased in 
London, at a cost of £25, 15s. "two silver Chalices, two silver 
Patens, two pewter bottle Flagons washed with gold or laquer." 
In 1725 Robert Stourton bequeathed to the upper church of the 
parish a silver tankard weighing 35 ounces. In 1840 the vestry passed 
an order to have "the plate belonging to the church repaired or ex- 
changed" the result of which order was that the old plate was ex- 
changed for a new silver Chalice, Flagon and Paten, each piece being 
marked "All Faith Church 1840." — Record All Faith Parish. 



EARLY CHURCHES 203 

Sunday only) 1764; Rev. John Stephens, Curate, from 1765 
to 1769; Mr. Stephens was inducted Rector by Governor Eden 
in 1769, and served until 1777, when he resigned. 1 

In 1744, an Act of Assembly was passed directing the 
Justices, Sheriff, and Surveyor of Saint Mary's County, to lay 
out a new parish in the county, thus increasing the number to 
four. The Commissioners were to meet in Leonardtown on or 
before the 20th of August of that year, and to give twenty 
days notice of such meeting. 2 This Act not having been 
executed within the time prescribed, the following year a 
supplementary Act was passed, under which new commis- 
sioners were appointed, and the county laid out into four 
parishes. 3 The new parish thus formed, was called Saint 
Andrews, and was made up of parts of All Faith and William 
and Mary Parishes, the dividing line between it, All Faith and 
King and Queen, being Bretton's Bay and Run, and a line 
drawn from Major Barnes' mill on said Run to Coles' Creek 
on the Patuxent, and the one separating it from William and 
Mary, being a line drawn from Legrande's Creek, on the 
Patuxent, to a point on the Potomac, it is said, between 
Hampton and Tower Hill. 

While the parish was thus formally laid out at that time, 
the division, it appears, did not actually take place until after 
the death of the then incumbents of the two parishes from 
which it was carved, the Rev. Mr. Urquhart, of All Faith, 
continuing to serve in that part severed from his parish, as did 
also the Rev. Mr. DeButts, of William and Mary. In 1753, 
the General Assembly authorized the parishioners "in that 
part of the parish made vacant by the death of the Rev. 
Lawrence DeButts, to elect a vestry, church-wardens and 
inspectors for such vacant part". 4 In September of the same 
year this was done, the Rev. Moses Tabbs of William and 
Mary agreeing to officiate temporarily in such vacant part of 
the parish. He was succeeded there in 1757, by the Rev. 

1 Records of All Faith Parish. 

2 Act, 1744, C. 14- 3 Act, 1745, C. 4- 
4 Act, 175.3. C. 19. 



206 COLONIAL MARYLAND 

Alexander Williamson, who in turn was followed, in 1761, 
by the Rev. Clement Brooke. The place of worship for that 
part of the parish was the Court House at Leonardtown, while 
that for the Patuxent side was the little chapel at Sandy 
Bottom, or the "Four Mile Run Church" as it was called, 
and which had hitherto been the Chapel of Ease of All Faith 
Parish. 

Upon the death of the Rev. Mr. Urquhart of All Faith, in 
1764, Saint Andrew's Parish was organized for the first time, 
by the election of a vestry, etc., for the entire parish, and the 
Rev. Francis Lauder, by appointment of Governor Sharpe, was 
inducted as its first minister. Steps were then taken, looking 
to the erection of a parish church, and in 1765, 1 the General 
Assembly authorized a levy of 200,000 lbs. of tobacco, for 
the purpose. The site selected for the new church was 
"Waldrums Old Fields". 2 Two acres of this land was 
purchased of Samuel Bellwood, the then owner, the price paid 
being £5 currency. The architect was Mr. Richard Boulton; 
the contractors were Messrs. Samuel Abell, sr., Samuel Abell, 
jr., and Stourton Edwards ; the contract price being 160,000 lbs. 
of tobacco, and £100 sterling. The specifications called for a 
"brick building, fifty-five feet long in the clear, exclusive of 
the chancel, and forty feet wide in the clear, with a porch in 
front connecting two pyramids, or low towers, which orna- 
mented each front corner of the church ; the walls to be three 
bricks thick to the water table, and two bricks thick above; 
the aisles to be laid with flagstone, and the ceiling to be square 
on the sides and arched in the center". The unique and 

x Act, 1765, C. 4. 

2 A tradition prevails in the parish, that when the question of 
where the Parish Church should be located, was first before the con- 
gregation, some years before it was built, there was a strong sentiment, 
headed by the Hon. George Plater, (father of Governor Plater) the 
most prominent man, perhaps, in the parish, in favor of building it on 
the site of the little Sandy Bottom Chapel. So pronounced were Mr. 
Plater's feelings in favor of that location, and so decided his convic- 
tions that his views would be carried out and his wishes gratified, that 
he requested to be buried in the chapel yard there, which was accord- 
ingly done. 



EARLY CHURCHES 207 

artistic alter-piece, containing- the Lord's Prayer and Ten 
Commandments was carved by Mr. John F. Limner. 1 

The church was completed in 1767. It still stands, is 
well preserved, and is a pleasing specimen of early church 
architecture. After the completion of Saint Andrews Church, 
the little chapel at Sandy Bottom, having survived its useful- 
ness, soon went to ruin. It appears for the last time upon 
the parish records, as having been the place of meeting of the 
vestry on September 6th, 1764, which met and determined 
upon the erection of the present parish church. No traces of 
it are now to be found, even in the recollection of the oldest 
inhabitants, except as imperfectly indicated by its old grave 
ward, which though neglected, and even plundered, it is said, 
of its once substantial brick enclosures, and left a barren and 
forsaken spot, it is still susceptible of identification, and 
relatively points out the site once occupied by this early 
church — the first Chapel of Ease of All Faith, and the first 
place of Protestant worship in Saint Andrews Parish. 

On April 13th, 1769, the vestry met at Saint Andrews 
Church to dispose of its pews. Thirty were taken, and the 
sum realized for them was £150, 5 s., the highest bidders 
being Hon. George Plater and Col. Abraham Barnes, who con- 
jointly became the possessors of pew No. 1 for £16 sterling. 

In 1755, 292 acres of land were purchased from Thomas 
Wheatty and Clement Norris, for a glebe for the parish, the 
price paid being 33,035 lbs. of tobacco, and, in 1763, the ves- 
try contracted with Samuel Abell, to erect a dwelling house 
thereon, for the sum of 26,000 lbs. of tobacco. This glebe, it 
is said, was located on the road which leads from Leonardtown 
to Saint Andrews Church, and about three miles from the 
latter. After many years of service it was sold, and another, 
situated about half way between the church and the "Three 
Notched Road" was purchased in its stead. 

On April 11, 1757, a silver Chalice and Salver were pur- 
chased for the parish, which are said to be the same now in use 

1 Parish Records. 



208 COLONIAL MARYLAND 

at Saint Andrews Church. A Bible, prayer book and surplice 
were also purchased. 1 

The rectors of Saint Andrews Parish, in addition to those 
already mentioned were Rev. Robert Ranney, from 1765 to 
1767; Rev. William West, from 1767 to 1772; Rev. Joseph 
Hindman, from 1772 to 1773 ; Rev. George Gowndril, curate, 
from 1773 to 1775; Rev. Joseph Messenger, from 1775 to 
1787; (all inducted by appointment by the Governor), the 
Rev. John Wilson, (first rector elected by the vestry, 1787) 
served 5 years; Rev. Francis Walker, from 1792 to 1818, 
when the Rev. John Brady was elected, who was succeeded in 
turn by the Rev. Clement F. Jones, Rev. John Claxton, Rev. 
James A. Buck, Rev. Mr. Scull, and Rev. George R. Warner. 2 

One of the most historical of the early parishes is Prince 
George, commonly known as Rock Creek Parish. It was 
erected in 1726, and embraced within its limits all the territory 
lying between the Potomac and Patuxent Rivers, and the 
eastern branch and a line drawn from thence to the Patuxent 
and extended westward to the westerly bounds of the Province ; 
thus including not only a part of the District of Columbia, but 
Georgetown and all the Counties of Western Maryland and 

1 Parish Records. 
While digging a grave in Saint Andrew's Grave yard in January, 
1894, a memorial gold breast pin was found, of unique design with hair 
settings and bearing the following inscription: "Edmund Porteus ob 
March 28th, 1752. Aged 32." There was a Robert Porteus, from 
Baltimore City in the Continental Army in 1774, but the name in Mary- 
land is a very uncommon one. 

' Records of Saint Andrews Parish. 
The vestry men of the parish, during the same period were Col. 
Abraham Barnes, Robert Hammett, John Hammett, James Tarleton, 
John Newton, Samuel Abell, Matthew Wise, Enoch Abell, John Hall, 
Thomas James, Cyrus Vowles, John Black, George Plater, Hugh Hope- 
well, John Hammond, Michael Wellman, Stourton Edwards, Peter 
Urquhart, Philip Clarke, Charles King, William Martin, John Thomp- 
son, Cuthbert Abell, John Hatton Read, Timothy Bowers, Robert 
Watts, John DeButts, Archibald Campbell, William Somerville, Dr. 
Henry Reeder, William H. Brown, James Hopewell, John Abell, Ed- 
ward Abell, Thomas Dillon, Peter Thompson, Charles Chilton, Joseph 
Hammett, Vincent Thornton, John B. Abell, Francis Abell, John S. 



EARLY CHURCHES 209 

from it all the parishes now within that domain were originally 
carved, or are the result of subdivisions. 1 

The first Rector of the parish was the Rev. George 
Murdock, who was commissioned by Gov. Charles Calvert, in 
December, 1726, and who officiated for thirty-four years, and 
until his death, in 1761. He was followed by Rev. Alexander 
Williamson who served fourteen years, and was succeeded by 
the Rev. Thomas Read, who had previously been Curate of the 
parish, and also Rector of Saint Anne's, Annapolis. He was 
inducted in 1777, and continued to be Rector of the parish 
thirty-four years, when he resigned. During Mr. Read's 
pastorate of Rock Creek Parish, he kept a record of the 
marriages performed by him within the parish, and as well also 
a necrology covering the same period. A part of this record 
has been preserved — from 1796 to 1808, inclusive. 2 After the 
death of Mr. Read it came into the possession of his son, the 

Abell, James A. Crane, John Rousby Plater, Matthew W. Simmonds, 
Dr. William Thomas, Richard Clark, Robert Hammett, George Clark, 
Joseph Harris, John Leigh, Adam Wise, G. N. Causeen, H. G. S. Key, 
George Plater, Bennett Hammett, John R. Plater, Jr., George Dent, George 
Teal, James Forrest, Thomas Barbour, Hatch Turner, George S. Leigh, 
Chapman Billingsley, Thomas Hebb, J. M. Hammett, Dr. Walter H. S. 
Briscoe, Luke E. Barbour, William B. Scott, Benjamin G. Harris, Dr. 
Thomas J. Franklin, Enoch Hammett, John R. Thompson, Hezekiah 
Dent, Joseph H. Greenwell, Edward Plater, Henry Gough, and James 
R. Thompson. 

1 A detailed and interesting sketch of this parish may be found in 
Scharf's History of Western Maryland, vol. 2, p. 742. 

Marriages — Montgomery County, 1796. 

Jan. 12th, John Buxton, To Eleanor Macoy 

Feb. 2d, Theophilus Roby " Ann Willett 

" 9th, James Stewart, " Grace Clarke 

" nth, Edw. Medcalf, " Cloe Butt 

" 18th, George Bowman, " Sarah Howse 

" 22nd, Richd. Dorsey, " Anne Wayman 

" 28th, Wm. Welsh Cordingly, " Ann Moore 

Mar. 3d, Jno. Campbell, " Polly Craton 

" 6th, Rich. Thompson, " Eliz. Pelly 

" 10th, Jeremiah Nicholson, " Hester Nicholson 

" 22nd, Jesse Wilcoxen, " Ruth Wilcoxen 



COLONIAL MARYLAND 



late Robert Read, of Cumberland, after whose demise it was 
presented by his widow, Sarah Johns Read, through the author 
of this work, to the Maryland Historical Society. This old 
record is singularly valuable, not only because of the large 



Mar. 24th, Thomas Moody, 


To Mary Berry 


" 28th, Henry Jones' Geo., 


Charles Jones' Polly, ( N egroes ) 


Apr. 2 1 st, Wm. Wilson, 


" Anne White 


" 21st, Thomas Davis, 


" Catherine Worthington 


May 15th, Mr. Crabb's James and Clary (Negroes) 


15th, Mrs. Johns' Jerry and 


Mollie " 


June 16th, Rev. Nicholas Lane, 


To Esther Selby 


" 17th, Jonathan Sparrow, 


" Priscilla Smith 


July 24th, Wm. Groom, 


" Maryann Kelly 


Aug. 2d, Walter C. Williams, 


" Christiana Heugh 


" 15th, Richd. Downes, 


" Eliz. Rose 


" 30th, Benj. Nicholls, 


" Drusilla Culver 


Sept. 22d, William Lowry, 


" Rebecca Groome 


18th, Henry Lowe, 


" Ann Macbee 


" 27th, Caleb Windel, 


" Martha Parker 


Nov. 17th, Thomas Riggs, 


" Mary Riggs 


" 24th, Thomas Buxton, 


" Fanney Macbeey 


Dec. 1st, Jno. Riddle, 


" Susanna Porter 


" 8th, James Ray, 


" Eliz. Warfield 


" 15th, Hezekiah Austin, 


" Eliz. Odle 


" 22d, Robert Fish, 


" Eliz. Jeans 


" 25th, John Leach, 


" Rachel Bowmen 


" 29th, Henry Hardey, 


" Frances West 


1797 




Jan. 17th, Andrew Mudd, 


To Eleanor Green 


" 17th, William 0. Lodge, 


" Frances Porter 


" 24th, Jno. Roberts, 


" Eliz. Heater 


" 26th, Lloyd Dorsey, 


" Anna Green 


" 31st, Erasmus Riggs, 


" Eleanor Wilcoxen 


Feb. 5th, Ely Denoon, 


" Henny Sanders 


" 9th, James McCoy, 


" Eliz. Brown 


" 21st, Clark Higgins, 


" Margaret Thomas 


" 26th, James Ridgeway, 


" Rebecca Hurdle 


" 28th, Nicholas Minstalled, 


" Mary Allison 


" 28th, Beale Warfield. 


Amelia Ridgely 


Apr. 17th, Nicholas Feburiere, 


" Susan Tucker 


" 18th, Brice Warfield, 


" Sarah Collins 


" 20th, Jno. B. Allison, 


" Eliz. Higgins 



EARLY CHURCHES 



area covered by the parish, embracing, even at that date, 
nearly the whole of Montgomery County, but more especially 
by reason of the fact that the Montgomery records do not 
begin until 1798, and the necrology of the County being 



May 4th, 


Jno. Fields, 


To 


Mary Madden 


" 21st, 


Jno. Wight, 




Cary Boyd 


" 28th, 


Jno. Hurley, 


" 


Eliz. Benton 


June 1st, 


Robt. Ricketts, 


" 


Kezia Ricketts 


July 20th, 


Zadoc Ricketts, 


" 


Ann Groome 


Aug. 3d, 


James Higgins, 


" 


Virlinda Wilcoxen 


" 5th, 


Sylvester Sullivan, 


" 


Rosanna Hawse 


" 8th, 


Samuel Lyon, 


" 


Linny Davis 


Sept. 14th, 


Richd. Bean, 


" 


Prudence Kelly 


Oct. 14th, 


Benj. Reeder, 


" 


Anne Hungerford 


" 26th, 


William Benson, 


" 


Rachel Hensey 


Nov. 23d, 


Edw. Archey, 


" 


Eliz. Allison 


Dec. 21st, 


Nicholas Merriweather, 


" 


Eliz. Hood 


" 26th, 


John Gardner, 


" 


Cassandra Dowden 


1798. 








Jan. 4th, 


Jno. Higgins and Eliz. 


Fisher 


9th, 


Henry Culver, 


To 


Mary Patterson 


" nth, 


Charles Bird, 


" 


Margaret Barton 


" i6th, 


Amasa Wellin, 


" 


Linney Trundle 


" 25th, 


Francis Hutchison and Sarah Ball 


" 25th, 


Evan Trundle, 


To 


Anna Key 


Feb. 6th, 


Saml. Love, 


" 


Sarah Jones 


" 13th, 


Richd. Snowden, 


" 


Eliza Warfield 


" 24th, 


Benj. Davis, 


" 


Eliz. Thrasher 


Apr. 1st, 


Christopher A. Coal, 


" 


Sarah Claton 


9th, 


David Crafford's Edward 


and Linny (Negroes) 


May 3d, 


Thos. H. Wilcoxon 


To 


Sarah Prather 


" 22d, 


Ignatius Davis, 


" 


Margaret Wooten 


Sept. nth, 


Amos Scott, 


" 


Annoe West 


Oct. 7th, 


Dawson Cash, 


" 


Jemima Beens 


" nth, 


Benjamin Summers, 


" 


Virlinder Beckwith 


" 15th, 


David O'Neal, 


" 


Rebecca Lane 


" 30th, 


Robt. Willoson, 


" 


Eleanor Shekells 


Nov. 15th, 


Nathan Wells, 


" 


Sophia Duley 


Dec. 8th, 


Benjamin Crecraft, 


" 


Nelly Prather 


" 18th, 


Jno. M. Cox, 


" 


Eleanor Gray 


" 20th, 


Geo. Ward, 




Ann Redman 


" 23d, 


Wm. Cox, 


" 


Liley Kelly 


" 30th, 


John Camobell, 


" 


Priscilla Oden 



COLONIAL MARYLAND 



exceedingly meagre and limited. It is also worthy of note that 
this marriage record is somewhat more comprehensive than the 
Montgomery records even after the latter were started, as it is 
not confined to marriages performed by license issued in that 
county, as are its records. 



1799. 








Jan. 3d, 


Charles Davis, 


To 


Laurady Howse 


" 3d, 


Rofby Penn, 


" 


Lucreta Howse 


" 10th, 


Richd. Turner, 


" 


Eliz. Beall 


" 10th, 


Daniel Carroll, 


a 


Ann Maccnbbin 


" 19th, 


Jacob Swavaley, 


" 


Eleanor Fulks 


" 22d, 


John Adams, 


" 


Eleanor Collyer 


" 22d, 


Thomas Gratton, 


" 


Ruth Ray, 


" 24th, 


Charles Offutt Jones, 


« 


Rebecca Offutt 


" 26th, 


Benj. Thompson, 


" 


Eliz. Haney 


" 27th, 


Henry Parnnion, 


" 


Eliz. Sanders 




License Granted — Anne Arundel County. 


Feb. 5th, 


James Groomes, 


To 


Sarah King 


" 14th, 


Thos. Garrott, 


And 


Elizabeth Fee 


" 15th, 


John Austin, 


" 


Cassandra Odle 


" 26th, 


Barak Ofutt, 


" 


Virlinder Offutt 


Mar. 14th, 


James B. Crafford, 


And 


Ann Allison 


" 19th, 


Basil Waters, 


" 


Ann P. Magruder 


Apr. nth, 


John Nicholson, 


" 


Tabitha Oden 


" 18th, 


Jesse Leateh, 


" 


Mary Letten 


May 23d, 


Edmund Riggs, 


To 


Jane Willson 


Aug. 8th, 


Solomon Pelly, 


And 


Massy Holland 


" 29th, 


Jacob Kirkman, 


a 


Susanna Hall 


Nov. 5th, 


Jno. Magruder, 


" 


Mary Linthicum 


" 24th, 


Jno. Frey, 


" 


Turecia Lucas 


Dec. 5th, 


Thos. Hood, 


" 


Rachel Wayman 


" 10th, 


James Magruder, 


" 


Eliz. Linthicum 


Nov. 30th, 


Jonas Parsley, 


" 


Eleanor Clayton 


Dec. 12th, 


Baruck Prather, 


« 


Casandra Swearingen 


" 19th, 


Jno. Perry, 


" 


Jane Alnutt 


" 26th, 


Richd. Stewart, 


" 


Eliz. Renneton 


1800. 








Jan. 2d, 


William Ramsey, 


And 


Margaret Herren 


" 14th, 


Jno. Lanham, 


" 


Lucy Ray 


" 16th. 


Camden Riley, 


" 


Anna Ray 


" 2ISt, 


Nathan Jones, 


" 


Anna Buxton 


" 2ISt. 


Edward Porter, 


tt 


Hary Heiter 



EARLY CHURCHES 



213 



As much of the data contained in this old record is now 
otherwise inaccessible, it is of historic interest and value, and 
never having been published, it is here reproduced in full. 



Jan. 21 st, 


Nathan Orme, And Polly Beall 


" 23rd, 


Solomon Holland, 


1 Margaret Gatton 


" 25th, 


Jno. Redman, 


Harriot Ward 


" 30th, 


Benedict Beckwith, 


Eliz. White 


Apr. 15th, 


Edvv. Harper, 


' Sarah Ann Boswell 


" i.5th, 


Thos. Nicholls, 


' Priscilla Mackey 


May 22d, 


Michael Merrick, 


Virlinder Bowman 


" 22d, 


Everrard Gary, 


' Ann Cloud 


June 26th, 


John H. Riggs, 


' Rebecca Howard 


July 17th, 


Thos. Odle Offutt, 


' Charity Benton 


Nov. 18th, 


Doct. Richd. J. Orme, 


Ann Crabb 


" 20th, 


Elias M. Daniel, 


Margaret Golden 


" 27th, 


Samuel Inlose, 


' Eliz. Stone 


Dec. 4th, 


Edw. 0. Williams, 


Eliz. Clagett 


" 16th, 


David Porter, 


Mary Ray 


" 20th, 


Daniel Reintzel, 


4 Ann Robertson 


" 23d, 


Arnold Lashley, ' 


' Eliz. Lee 


" 25th, 


Notley Lanham, ' 


Eliz. Hopkins 


" 25th, 


Benj. Kelley, 


' Eliz. Moore 


" 28th, 


William Wallace, 


' Margaret Brookes 


" 30th, 


Wm. Mullican, ' 


' Eliz. Dowden 


1801. 






Feb. 1st, 


Nathan Moore, A 


nd Eliz. Hantz 


" 10th, 


Leonard H. Johns, 


1 Margaret Williams 


" 17th, 


David Clagett, 


Salley Odle 


" 24th, 


Hatton Fish, ' 


Sarah Benton 


" 27th, 


Levin Easton, 


Druzilla Ricketts 


Mar. 3d, 


Leonard Young Davis, ' 


Achsah Worthington 


" 12th, 


Samuel Magruder, ' 


Eliz. Hawkins 


" 3ist, 


Geo. Magruder, 


Anna Turner 


Apr. 5th, 


Jno. Wiest, 


Lydia Shuck 


" 14th, 


John Getty, ' 


Eleanor Carey 


May 24th, 


Richd. Langford, 


Amelia Soper 


July 9th, 


Lewis Beall, 


Eliza Wootton 


Oct. 8th, 


William Garrett, 


Eleanor Higgins 


" 8th, 


Willson Walker, 


Deborah Prather 


" 8th, 


Brice Selby, 


Cathrine Marker 


" 25th, 


Josiah Bean, 


Eleanor Wilson 


" 27th, 


Ezekiah Linthicum, 


Mary Hickman 



2I 4 



COLONIAL MARYLAND 



except the necrology as well as the curious record of marriage 
and funeral fees, which were combined with it, are omitted. 

The first Roman Catholic church in Maryland was at 
Saint Mary's City, the history of which has been given in the 



Nov. 19th, Joseph Madden, And Susanna Sparrow 

Dec. 1st, Fredrick Linthicum, " Rachel Macklefresh 

8th, Nathan Dickerson, " Margaret Turnbull 

" 10th, Jesse Owings, " Hannah Hood ' 

" 17th, William Orr, " Eliz. Macklewain 

" 22d, Nathan Trail, " Susanna Buxton 

" 22d, George Heater, " Charlotte Porter 

" 31st, Wm. R. Jones, " Eliz. L. Richardson 
" 31st, Henry Fowler, To Lewis Beall's Mulatto Woman Nelly ^ 

1802. 

Jan. 7th, Benj. W. Jones, And Margaret Willson 

" 12th, Lawrence O. Holt, " Sarah Oden 

" 12th, Thos. Clagett, " Rachel Offutt 

" 21st, Thos. Davis, " Eliza Bowie 

" 28th, James Northcraft, " Rachel Fryer 

" 30th, James Cooke, " Patsey Beeding 

Feb. 9th, Barton Harriss, " Mary Griffith 

Mar. 21st, Wm. Sparrow, " Eliza Campbell 

Apr. 20th, Andrew Offutt, " Eliz. Warfield 

Aug. 3d, Joseph Astlin, " Mary Beard 

Sept. 2d, Walter Madden, " Eliz. Mudd 

" 12th, James Groome, " Eleanor Fish 

21st, Joseph Cox, " Susanna Hogan 

Nov. 9th, Dr. Jno. M. Read, " Maryann Clark 

" 25th, Saml. Bealmear, " Priscilla Williams 

Dec. 7th, George Buxton, " Maryann Trail 

14th, Azariah Kindle, " Amelia Nicholson 

' 21 st, Wm. M. Elfresh, " Sarah Linthicum 

' 30th, Adam Klay, " Sabina Summers 

1803. 

Jan. i8th, Geo. W. Riggs, And Eliza Robertson 

20th, James Brown, " Ann Leek 

Mar. 10th, James Jarvis, " Eliz. Linch 

31st, Archibald Summers, " Margaret Pain 

Apr. 10th, Charles Porter, " Polly Fry 

May 5th, Jeremiah Browning, " Eliz. Summers 

June 19th, Isaac Forsythe, " Anna Letton 

' 28th, William Candler, " Rebecca Ray 



EARLY CHURCHES 



215 



chapter entitled, "The First Capital". The next one in 
Saint Mary's County, of which there is a record, was at 
Newtown. On the 10th day of August, 1661, Mr. William 
Bretton, a prominent citizen of the Province, executed the 
following deed : 



Aug. 7th, 


Edward Magruder, 


And Jane Ayton 


" 28th, 


Benj amine Lyon, 


" Rachel Davis 


Sept. nth, 


Richd. Brooke Smith, 


" Sarah Letton 


" 15th, 


Nicholas Haney, 


" Sarah Golden 


" 22d, 


Brice Letton, 


" Hariot Moore 


Oct. 20th, 


Elias Elville, 


" Elizabeth Burress 


" 27th, 


Thos. Linsted, 


" Anna Maria Summers 


Nov. 1st, 


Zachariah Linthicum, 


" Anna Clagett 


" 3d, 


Warren Magruder, 


" Harriot Holmes 


" I7th, 


Lloyd Hammon, 


" Elizabeth Merriweather 


" 24th, 


Thos. Hilleary, 


" Sarah Wheeler 


Dec. 1 st, 


John Crown, 


" Eliz. Ball 


" 29th, 


Ashford Trail. 


" Anne Sanders 


" 3ist, 


Hazil Butt, 


" Sarah Richards 


1804. 






Jan. 5th, 


James Alex. Beall, 


And Eleanor Culver 


Feb. 2d, 


Benj. Perry, 


" Eliz. Magruder 


Feb. nth, 


Joel Ketchen, 


" Sarah Hurst 


" 12th, 


Samuel Horner, 


Mary McFarland 


" 16th, 


William Burditt, 


Ruth Fitzgerald 


Mar. 27th, 


Joshua W. Dorsey, 


" Lucetta Plummer 


Apr. 8th, 


Peter Dent Moore, 


" Louisa Stanger 


May 6th, 


William O'Neal, 


" Anna Bell 


June 9th, 


Wm. Wheatley, 


" Mary Cashell 


" I7th, 


George Cashell, 


" Eliz. B. Edmonstone 


" 19th, 


James Rawlings, 


" Sarah Richardson 


Sept. 6th, 


Saml. Golden, 


" Dollie Haney 


" 6th, 


Ninian Clagett, 


" Margret Burgess 


" 8th, 


Hezekiah Saffell, 


" Lydia Davis 


" 25th, 


Zachariah Muncaster, 


" Harriott Magruder 


Nov. 29th, 


Walter Bailey, 


" Sarah Ball 


Dec. 7th, 


Jesse Wade, 


Mary Fleming 


" 20th, 


Aquila Gatton, 


" Mary Owen 


" 23d, 


Philip Garlon, 


" Sarah Willson 


1805. 






Jan. 8th, 


Wm. Langville, 


And Naney Current 


" 3ist, 


Thos: Sparrow, 


" Sarah Sparrow 



.2 I 6 



COLONIAL MARYLAND 



"Ad. perpetuam memoriam 

"Forasmuch as divers good and zealous Roman Catholic 
inhabitants of Newton and Saint Clement's Bay, have unan- 
imously agreed among themselves to erect and build a church 
or chapel * * * * and the most convenient place for that 
purpose, desired and pitched upon by them all, is a certain 
parcel of land belonging to William Bretton gentleman, Now 



Feb. 12th, 


Reubin Riggs, 


And Mary Thomas 


" 27th, 


Charles Shook, 


Priscilla Ball 


Apr. 18th, 


William Leemar, 


" Sarah Roberson 


" 23d, 


Archibald Mullican, 


" Anna Mathews 


" 25th, 


Walter Summers, 


" Sarah Swearingen 


" 30th, 


Abishai Gray, 


" Eleanor Miller 


May 9th, 


Robert Windsor, 


" Eliz. Thompson 


June 6th, 


Henry Rabbett, 


" Anne Wilburn 


Oct. 15th, 


Azel Waters, 


" Cassandra Williams 


Dec. 29th, 


James Beall, 


" Margaret Smith Benson 


1806. 






Jan. 2d, 


James Deselem, 


And Catherine Fulks 


Feb. 4th, 


Elbert Perry, 


" Rebecca Margruder 


" nth, 


Daniel Robertson, 


" Sarah Greenfield 


" 13th, 


Jno. Heater, 


" Frances Shook 


Mar. 4th, 


Denton Porter, 


" Kitty Heater 


Apr. 3d, 


Thos. Gettings, 


" Christiana Perry 


May 13th, 


Dr. Peregrine Warfield 


" Harriot Sappington 


June 17th, 


Dr. John Wootton, 


" Betsy Lynn Magruder 


Aug. 28th, 


Lawrence O'Neal, 


" Nany Galworth 


Sept. 18th, 


John Dickerson, 


" Eliz. Turnbull 


Dec. 4th, 


Thos. S. Davis, 


" Creece Swearingen 


" 25th, 


Jno. Williams, 


Sarah Neritt 


1807. 






Jan. 1st, 


Jacob Miller, 


And Naney Ricketts 


" 13th, 


John Wesley Ward, 


To Eleanor Greentree 


Feb. 26th, 


James Case, 


And Eliz. Bowman 


Mar. 5th, 


George Ray, 


" Sarah Robertson 


" 8th, 


Benj. Grymer, 


" Sarah Lowery 


" 26th, 


Thos. W. Howard, 


" Elizabeth Crabb 


June 16th, 


Henry Woodward Dorsey, " Rachel Cooke 


Oct. 13th, 


Henry Gassaway, 


Rachel Griffith 


" 20th, 


Benj. Sedgwick, 


" Eleanor White 


Nov. 12th, 


Wm. Elson Wilson, 


" Eleanor Swearingen 


Dec. 1st, 


David Hammelton, 


" Ann Preston 



EARLY CHURCHES 217 

know ye, that I William Bretton, of Little-Bretton, in ye 
county of Saint Mary's in ye province of Md. Gentlemen, 
with the hearty good-liking of my dearly beloved wife Tem- 
perance Bretton, * * * * have given, and do hereby freely 
forever give, to the behoof of the said Roman Catholic inhabi- 
tants, and their posterity or successors, Roman Catholics, so 
much land as they shall build ye said church or chapel on * * 
with such other land adjoining to ye said church or chapel, 
convenient likewise for a church-yard wherein to bury their 
dead, containing about one acre and a half of ground, situated 
and lying on a dividend of land called Bretton's Outlet, and 
on the east side of ye said dividend, near to ye head of the 
creek called Saint Williams creek, which falleth into Saint 
Nicholas creek, and near unto the narrowest place of ye free- 
hold of Little-Bretton, commonly called The Straits". 1 Upon 
this ground was erected Saint Ignatius Chapel, the first Roman 
Catholic church at Newton. It was apparently a frame build- 
ing, though a few scattered brick may still be seen around its 
site, and which are the only traces of it, that are to-day 
visible. But the old graveyard, surrounding the spot where 
once it stood, has been used as a place of Roman Catholic 
burial for nearly two hundred and forty years. 2 It is recorded 
that upon at least two occasions, the little chapel of Saint 
Ignatius was the recipient of legacies, one in 1670 and another 
the following year. 3 

1808. 

Jan. 3d, John Hurley, To Milly Offutt 
Feb. nth, John Jenkins, " Charlotte Sparrow- 
Apr. 18th, Daniel Golding, And Eliz. Harris 
June 5th, Hosea Edmonson, " Mary Orme 
Oct. 8th, Allen Warfield, " Mary Dugan 
Dec. 27th, Wm. Fish, " Hellen Joy 
1809. 

Jan. 12th, Walter Stewart, And Eleanor Gray 

Feb. 12th, Joseph Gittings, " Tabitha Beans 

1 Lib. S. 1658 to 1662, p. 1026 ; Day Star, p. 227. 

2 Shea, pp. 78 & 349. 

3 Wills, Wm. Tattershall & Col. Jarboe, Annapolis. 



218 COLONIAL MARYLAND 

The manor of Newtown or Little Bretton, patented to 
William Bretton in 1640, 1 passed out of the family, and was 
purchased by the Jesuit missionaries. In their hands the 
house and handsome chapel Saint Francis, since erected near 
by, have long been a centre of Catholicity. The house, said 
to have been built by Mr. William Bretton, of English brick, 
is still standing, its original story-and-a-half having had 
another added, making it an imposing and stately looking 
mansion. 2 It occupies a commanding position, over-looking 
Bretton's Bay, Saint Clement's Bay and the Potomac River. 3 

In 1698, the Sheriff's return of Saint Mary's County, upon 
the requisition of Governor Nicholson, states, that there were 
then in the county four places of Roman Catholic worship ; 
a brick church at Saint Mary's City, a frame chapel at Saint 
Clement's town, a frame chapel at Mr. Gulick's, and a frame 
chapel near Mr. Hey wood's, beyond the Patuxent road. 
There were at the same time two priests, Rev. Nicholas Gulick, 
and Rev. John Hall, and one lay brother in the County." 

When the first church at Saint Inigoes was built is not 
definitely known. While it became a Jesuit Mission at a very 
early period, owing to its proximity to Saint Mary's City, 
where there was a Roman Catholic church, it is not probable 
that Saint Inigoes had a church for many years after the 
settlement of the Colony. The site of the first chapel there is 
still pointed out. The present Saint Inigoes church, close by 

1 Kilty, p. 72,. 
3 Shea, p. 78. 

3 William Bretton, the Lord of the manor of "Little Bretton," came 
to Maryland in 1637, with his wife Mary, the daughter of Thomas 
Tabbs, and one child. He was a member of the Assembly in 1648 and 
1649; was clerk of the Assembly in 1650, and was clerk of the Lower 
House from 1661 to 1666 inclusive. The last official notice of him ap- 
pears to have been his appointment as a Justice of the County Court 
of Saint Mary's in 1667. In 1651, he married 2d Mrs. Temperance 
Jay. His latter life is veiled in obscurity, and, though at one time pos- 
sessed of a large and productive estate, he is supposed to have died in 
poverty. His children, a son and daughter, became objects of charity, 
being reported in "extremity of want," and from this fact, it has been 

4 CI. Pro. H. D., p. 539- 



EARLY CHURCHES 219 

is said to be the third in order. 1 The Manor of Saint Inigoes 
was patented to Mr. Thomas Copley, a Jesuit priest, known 
officially as Father Phillip Fisher, 2 the Superior of the Mary- 
land Mission. 3 He died in 1653, leaving the Rev. Lawrence 
Starkey his successor. 4 It contained two thousand acres, and 
is still retained by the Jesuits, almost in its entirety. It is 
divided into small farms, which are rented for the support of 
the church. The manor-house, a quaint building, is beauti- 
fully located at the juncture of Saint Inigoes Creek and the 
Saint Mary's River. It was built in 1705, under the auspices 
of Father Ashbey, of the bricks, it is said, from the old 
Catholic church at Saint Mary's ; and about the same time a 
small church was erected in the chapel-field, and a graveyard 
was laid out and attached to it. 5 This was, in all probability, 
the first church on Saint Inigoes Manor. 6 In 1778 the British 

suggested, arose the euphonius name which that beautiful neck of land 
that constituted the Manor of Little Bretton, to-day bears — "Beggar's 
Neck." — See Liber 1, p. 69; Arch., Ass. Pro. 1648 to 1650, and 1661 to 
1666, inclusive; Ibid, CI. Pro., 1667, p. 33; Day Star, p. 226; Old Brick 
Churches, p. 59. 

In August, 1670, the Sheriffs of the several counties, were ordered 
by the Governor, to meet at the house of Thomas Cosden, at Newtown, 
to "make up their accounts with Mr. Thomas Notley, Receiver Gen- 
eral," and to "bring a list of taxables within their respective counties." 
— Archives, (CI. Pro. 1670) p. 70. 

1 Bryant, History United States, p. 513. 

2 That Thomas Copley and Father Philip Fisher were one and the 
same person there can be no doubt. Both are represented as born at 
Madrid at the close of the 16th century ; each came to Maryland in 
1637, (August 8) with Father Knowles; each was carried off, and each 
died in 1652. Neither recognizes the existence of the other. Copley 
took up lands for all the Jesuit Fathers, but no lands for Fisher, and 
Fisher as Superior alludes in his account of the mission to no Father 
Copley — Shea, p. 47, note; Foley records, 7, 1146; Woodstock letters, 
ii, pp. 18, 24. 

The Statutes of Mortmain prohibited the taking of land to pious 
uses, and hence a necessity for this separate identity. The second tract 

3 "The Foundation of Maryland," p. 200; Shea, p. 47. 

* Shea, p. 75. ^Archives (CI. Pro.) p. 418. 

6 Fenwick, Brief Account, Settlement of Maryland ; Shea, p. 370. 



220 COLONIAL MARYLAND 

sloop of war, General Monks, threw a shot through the walls of 
the house, the Rev. Father Lewis having just left a bed over 
which it passed. In October, 1814, this house and chapel 
were robbed and pillaged by the crew of the British sloop 
Saracen, who not only took all that was valuable of the house- 
hold furniture, plate and clothing, but even invaded the sacred 
precincts of the church — desecrated some of its most holy 
vessels, and carried many of them away. Complaint having 
been made to the Commander of the vessel, some of the 
property was returned, but the loss on this, and a former like 
occasion, was estimated at about twelve hundred dollars. 1 

On the Manor was located Fort Saint Inigoes, erected in 
1637. It stood on the Point still known as "Fort Point", 
and about half a mile from the mouth of the Saint Mary's 
River, which it was intended to guard. By the Act of 1650, 
all ships trading within the Saint Mary's River, were required 
to pay a half pound of powder and two pounds of shot, as a 
port duty to Fort Saint Inigoes, and also to ride at anchor for 
two whole tides, both coming and going, within command of 
the said Fort. 2 Many of the early proclamations were dated 
at, and issued from this Fort, and the General Assembly of 
1646 met there. 3 It was also, by order of Governor Calvert, 
made the place of general refuge, in times of threatened attack, 
for the women, children and helpless men living between Saint 
Inigoes Creek and Trinity Creek. 4 Captain John Price was 
the first Commander of the Fort, and he held the position for 
many years. The early records furnish repeated instances in 
which corn and cattle, by order of the Governor, were 

taken up in Maryland by Copley for the use of the church, was Saint 
Thomas and Cedar Point Neck in Charles County, and which, with 
Saint Inigoes Manor, has gone far toward supporting Roman Catholic 
worship in their respective counties, for more than two centuries and 
a half. — "Foundation of Maryland." For further particulars as to the 
Statutes of Mortmain in Maryland, see chapter on "The Land Tenure 
of Colonial Maryland." 

1 Scharf, 3, p. 127. 

2 Archives (Ass. Pro.) 1650, p. 293. 

3 Ibid (Ass. Pro.) p. 209. 4 Ibid (1st CI. Pro.) p. 108. 



EARLY CHURCHES 221 

"pressed" for the use of the garrison at Fort Saint Inigoes, 
which occurred in time of peace, would to-day be regarded as a 
somewhat remarkable exercise of executive power. 

How the Fort was built and mounted the records do not 
show. Some of the cannon from there, however, are still to 
be seen. In 1824, the Rev. Joseph Carberry drew out of the 
river several of them, which, either from the washing of the 
Point, or the force of the current, were two hundred yards 
from the shore. 1 One of these early muniments of war and 
fortification, is now on the State House grounds, at Annapolis ; 
two of them are at Georgetown College, and at least one' of 
them, it is said, is still on Saint Inigoe's Manor, where it now 
performs the function, painful to relate, of an ordinary boun- 
dary post. 2 

In speaking of this Fort and its situation, Bryant says : 
"at the lower end of the bay of Saint Ignatius (of whose name 
saint Inigoe's was an old, and once common corruption), 3 
was a bluff much like that at Saint Mary's, though lower and 
less picturesque. From it, looking to the north, across the 
bay, could be seen the point of the first landing, and to the 
south, the view extended to the mouth of the Saint Mary's 
River. It was a commanding site, and on it Governor Calvert 
erected a Fort, which effectually guarded the approach to the 
town above. Near, or in the Fort, stood a mill, and above it 
a few scattered buildings. No ruins of either Fort or houses 
remain, save a few scattered bricks and hewn stone". 4 



1 Scharf, 1, p. 76. 

2 To the Saint Inigoes Mission is due the credit of having collected 
and preserved almost the only relics now to be seen, which were associ- 
ated with the early history and first Capital of the Province. Among 
these may be mentioned, the "Council Table," "the old bell," and Gov- 
ernor Calvert's "Cut Lass and leather scabbard" as well as some of 
the early muniments of war and fortification. The most of these\ as 
well as the records of the order, are now at Georgetown College. 

3 From Ignatius Loyola, Inigoes Lopez, the founder and first gen- 
eral superintendent of the order of Jesuits, organized in 1534. "Saint 
Inigoe's Hill" was the name of the home of the society, where it owned 
a large estate. Baltimore refers to them as "those of the Hill". Calvert 
Papers, number 1, p. 216. 

4 Bryant, United States, p. 312. 



222 COLONIAL MARYLAND 

Of the Roman Catholic churches in Saint Mary's County 
belonging to the Colonial period, around which the greatest 
local interest centres, by reason of the fact that its graveyard, 
from an early date, became the place of interment for many of 
the more prominent Roman Catholic families in the county, 
was perhaps, "old Saint Joseph's". It was erected, it is said, 
about 1740, but the earliest recorded notice of its existence, 
which has been found, is the fact, that Father Joseph Mosley 
was officiating there in 1759. 1 It was a brick building, about 
25x45 feet, with steep roof and square windows, and though 
unpretentious in design, it was a substantial and church-like 
edifice. About three hundred yards north of where it stood, 
a large and handsome church has been erected in recent years, 
after which the old building was allowed to crumble, though 
its site can yet be identified. It stood near the centre of the old 
graveyard, still used as a place of Roman Catholic burial. 

When Saint John's, Sacred Heart and Saint Aloysius 
churches (the latter situated near Leonardtown, and long 
since disappeared) were built, has not been ascertained. A 
legacy 2 however, to "Saint John's Chapel" in 1786, a tombstone 
in the graveyard of Sacred Heart, to the memory of Mrs. 
Susanah Margan, dated 1795, and one in the graveyard of 
Saint Aloysius, to the memory of Ignatius Benedict Drury, 
dated 1803, prove them all to belong to an early period. Owing 
to the stringent laws passed, the intolerant spirit, and the 
ungenerous policy pursued against Roman Catholics in Mary- 
land, from 1698, to the Revolution, it is not probable they 
were built within that time, though they appear to have been 
erected soon after the latter date. 

x 01d Catholic Maryland, Tracey, p. 134. 

2 Will of Mary Henrietta Taney, Saint Mary's County. 



CHAPTER XII 
The Great Seal of Maryland and Her Flag 



T T has been aptly noted, that Maryland is unique in her Great 
Seal and presents a marked contrast to those of the other 
States of the American Union, in that it consists of armorial 
bearings of a strictly heraldic character, the Great Seal of most 
of the States bearing "emblems indicative of agriculture and 
commerce, plenty and prosperity, or kindred subjects, repre- 
sented in a more or less pictorial or allegorical manner". 1 

The first Great Seal of Maryland, brought over by Gov- 
ernor Leonard Calvert, in 1643, was m tne language of Balti- 
more, "treacherously and violently taken away by Richard 
Ingle or his accomplices, in or about February, Anno Domini 
1644, and hath been ever since so disposed of it cannot be re- 
covered". 3 

No impression of this Seal appears to be extant, owing per- 
haps, partly to the destruction of the records of the times, and 
partly to the fact that its use was more limited at first than at a 

1 The great seal of a state or a nation stands as her symbol of honor ; 
it is the instrument through which she officially speaks and the signet 
by which her official acts are authenticated and accredited. It is there- 
fore a most important factor in governmental administrations. So es- 
sentially so was it regarded at the time of James II of England that, 
when that monarch fled from the realm before the wrath of his infuri- 
ated subjects, he took with him the great seal of England and threw 
it in the river Thames, believing that without it, no writs could be issued 
for a new Parliament and that Parliament alone could authorize a new 
great seal. A thorough and interesting treatise on the Great seal of 
Maryland was read before the Maryland Historical Society by Major 
Clayton C. Hall, and published by the Society in 1886 as "Fund Publica- 
tion No. 23", to which the author is indebted for much of the material 
of this chapter. 

3 Archives (CI. Pro.) 1648, p. 214. 



224 COLONIAL MARYLAND 

later date, it not having been attached to land grants until 
1644, 1 the same year it was lost. In 1648, Baltimore sent to the 
Province through Governor William Stone, a second Great 
Seal which in the minute description accompanying it is repre- 
sented as "cut in silver" like its predecessor, and very similar 
to it in size and design. The escutcheon of this Seal bore the 
Calvert and Crossland arms quartered. The first and fourth 
quarters consisted of "six pales" or vertical bars alternately gold 
and black, with a "bend dexter counter charged" — that is a 
diagonal stripe on which colors are reversed — being the Cal- 
vert arms ; the second and third quarters consisted of a quar- 
tered field of red and white charged with a greek, or equal, 
limbed cross, classified as "botonny" — its arms terminating in 
trefoils — and also counter charged, that is with the colorings 
reversed, red being on the white ground and white on the 
red — the latter quarterings being from the Crossland, Balti- 
more's maternal arms — Alicia Crossland having been the 
mother of the first Baron of Baltimore. These quarterings 
were surmounted by an earl's coronet and full-faced helmet, 
which indicated his rank in America as that of a Count 
Palatine — his rank in England being that of a Baron only — a 
distinction which no other American colonial charter conferred. 
On the helmet rested the Calvert crest — a ducal crown 
with two half bannerets, one gold and one black. The escutch- 
eon was supported on one side by the figure of a farmer, 
and the other by that of a fisherman — symbolical of his 
two estates, Maryland and Avalon. Below them was a scroll 
bearing the Calvert motto : "Fatti Maschii Parole Femine" — 
manly deeds, womanly words, or more strictly deeds are males, 
words females. Behind the escutcheons and coronets was en- 
graved an ermine lined mantle, and surrounding all, on a border 
encircling the seal, was the legend: "Scuto Bona Voluntatics 
Tue Coronasti" — With favor will thou compass him as with a 
shield. 2 

The heraldic terms used in describing the colors in the 

1 Bland, Maryland Report, 1, p. 308. 

2 Archives (CI. Pro.) 1648, pp. 214, 215; Hall, pp. 17, 23. 



THE GREAT SEAL AND FLAG 225 

Calvert arms are or 1 and sable, which means gold and black,' 
and not orange and black, as it has so frequently been mis- 
interpreted. 3 

Such is the design of the coat of arms of Maryland — 
armorial bearings either connected with the family of her 
founders, or reflecting upon the nature and scope of her 
foundation — and its meaning is of marked significance and 
deep interest. 

The most prominent part of the coat of arms is its escutch- 
eon, or shield as it was formerly called. Shields are of ancient 
origin and were regarded as an important equipment of every 
soldier until the invention of fire arms rendered them prac- 
tically useless for that purpose. At first they were of plain 
metal designed for protection only, but later they were or- 
namented with devices, which in the absence of modern military 
trappings, would enable friend and foe to distinguish each 
other on the field of battle, or in the language of the poet 
"That no Norman might die at the hand of a brother, nor 
that one Frenchman be killed by another". Still later, designs 
and colorings were used, by which the individual bearing them 
could be identified, those selected for the purpose being some- 
thing suggestive of his name or a reminder of some military 
achievement for which the bearer, or his family, had become 
distinguished. It was from the latter kind that the shield or 
escutcheon of the Maryland coat of arms was designed. In the 
first and fourth quarterings, taken from the Calvert arms, 
the six vertical payles or stockades, signify in heraldry a 
palisado or fortification, and the diagonal bend or band, ex- 
tending from the bottom to the top represents a scaling ladder 
by which Calvert is supposed to have reached the top of the 
Bastile fortification and demolished it. The question of whether 
the arms were granted to Calvert for destroying rather than 
for building forts, is determined by this band or parti-colored 
field as it is called in heraldry, having its colors transposed, 

1 Ibid. " Clark's Heraldry, p. 16. 

3 Most prominently of all by the State itself, in the handsome 
painting of the Great Seal which now decorates the Senate Chamber of 
the State House at Annapolis. 



226 COLONIAL MARYLAND 

that is the gold on the black and the black on the gold, meaning 
broken — scattered. The second and third quarterings, taken 
from the Crossland arms, also have a parti-colored field with 
its colors, silver and red, counter charged, that is, the silver 
on the red and the red on the silver, indicating that its bearer 
had been valiant and successful in destructive warfare. The 
cross is suggestive either of the name of the bearer, or the time 
when his honors were won, it being one of the symbols de- 
noting the Christian warrior. The arms of the cross termi- 
nating in a flower full bloom, rather than a botonny or budding 
design, indicates that the bearer is in the full flower of his 
glory, and is not simply a bud of hope and promise. The earl's 
coronet, which surmounts the shield, indicates the nature and 
scope of the Maryland charter, and shows it to have been a 
Palatine, an Earldom, the highest grant that the English mon- 
arch could confer, and one which was not conferred upon any 
other American colony. Above that was a full faced helmet. 
As the earl's coronet indicated the nature of the Maryland 
grant, the helmet shows the rank of the Proprietary in his rela- 
tion to his Maryland possessions. Helmets were either full 
faced or in profile, the former showing a jurisdiction that was 
absolute — looking straight ahead at the possessions over which 
he was the supreme ruler, while the latter showed a feudal 
allegiance, as though looking around for the approach of his 
sovereign, liege or lord. An earl's coronet was a crown of gold 
with eight prongs, each holding a pearl, and between each was 
a strawberry leaf. The full faced helmet was a covering, usu- 
ally of steel, for the face, but so arranged as to enable the 
bearer to see in front between six projecting bars, while in the 
helmet in profile view the front is closed and only that on the 
side is exposed. 

It was only in relation to Maryland that Lord Baltimore 
could use either the earl's coronet or the full faced helmet. 
In England he was only a baron, a much lower order in the 
scale of nobility, and as such, he could only use the helmet in 
profile. Above the helmet was a ducal coronet, a crown of 
gold with eight strawberry or parsley leaves projecting at 
equal intervals above the rim — a symbol in its application here 



THE GREAT SEAL AND FLAG 227 

of honorary distinction to Maryland and her Proprietor. From 
this flowed two pennons, one black and one gold. Pennons 
were small painted flags used in the Medieval period on spears 
or lances for the purpose of identification, and bearing the 
owners personal colors. It was from these pennons that the 
Maryland colors, "or and sable" (gold and black), are sup- 
posed to have been derived. Behind the escutcheon, coronet 
and helmet was engraved a scarlet ermine lined mantle, fringed 
with gold. This mantle, was, presumably, only to furnish an 
appropriate back ground for the setting, but its colors, crimson, 
ermine and gold, are historic, in that the head dress of a baron 
at the time Baltimore was knighted, and also at the date of the 
Maryland charter, was a crimson velvet cap, turned up, lined 
with ermine and having a plain gold band, the right of a baron 
to wear a crown not having been conferred until the reign of 
Charles II of England. 1 

On the obverse side was a representation of Baltimore on 
horseback, with drawn sword, helmet decorated with feathers 
and in full armour, adorned with his paternal coat of arms, 
below which was engraved a seashore, grass and flowers, and 
around the whole an inscription containing his name and titles : 
Cecilius Absolutus Dominus Terrae Mariae et Avaloniae Baro 
de Baltimore. 2 

In the accompanying illustrations of the Great Seal under 
the Proprietary government, it should be noted, that on the 
obverse side of the word "Carlos" appears on the marginal 
circle instead of "Cecilius". Charles Calvert, became, on the 
death of his father, Cecilius, Baron of Baltimore in 1675, anc ^ 
through him and his grandson Charles, the fifth Lord Balti- 
more (except from February 20th, to April 5th, 1715, the 
length of time which Benedict Leonard survived his father) the 
title to the Province was in a Charles, Lord Baltimore until 
175 1, when the last of that name died. It was therefore but 
natural that the Great Seal of the Province should have borne 
the word Carlos during that period. When the change was 

1 Edmonson's Heraldry, vol. 5, p. 198. 
B Archives (CI. Pro. 1648) pp. 214, 215. 



228 



COLONIAL MARYLAND 




made, the records do not disclose, 
but a careful examination of the old 
Seal now in the Land Office, at An- 
napolis, clearly shows that it was 
accomplished by simply substituting 
on the original Seal the one name 
for the other. The small illustration 
shown here, corresponds exactly with 
the description which accompanied 
the Great Seal in 1648, except that 
it is reduced in size, and represents it as it appeared when used 
during the administration of Cecilius himself. 

This Great Seal passed, with the government, into the 
hands of Cromwell's commissioners in 1652, where they re- 
mained until 1657, when the government was restored to the 
Proprietary. The conditions of surrender provided also for 
the return of the Great Seal, but the records do not distinctly 
show that this was done. 1 Fearing that the Great Seal may 
have been lost, Baltimore had a third one made while the 
negotiations of surrender were pending, but it was to be used 
only in the event of its predecessor not being recovered. 2 As 
no description accompanied this Seal, and as no impression 
appears to be extant of the Great Seal between 1648 and 1657, 
it is impossible to definitely determine which of the two was 
subsequently used. Bacon however, in his preface to "The 
Laws of Maryland", published in 1765, says the one of 1648, 
is the "same which is in use at present", and the fact that 
the impressions of the Great Seal used after the Baltimore 
government was re-established, many of which still exist, cor- 
respond literally with the description which accompanied the 
Great Seal of 1648, would seem not only to justify the con- 
clusion reached by Bacon, as also, that the one of 1657 was 
never used at all, since it was only to be done in the event that 
the former Seal was not restored. 

While the Province was under the jurisdiction of the 
Crown, the seal known as the "Broad Seal", adopted in 1692, 



Archives (CI. Pro. 1657) pp. 333, 340. 



Ibid, pp. 322, 329. 



THE GREAT SEAL AND FLAG 229 

and another in 1706, were used, 1 and the Baltimore Great Seal 
was limited in use, during that period, to land grants, Balti- 
more's territorial rights not having been disturbed. But upon 
the restoration of the Province in 171 5, the old Great Seal 
again came into use, and continued to be the Great Seal of 
Maryland until after the revolution. 

It has been stated that a new Great Seal was adopted in 
1 765," but no authority for the statement is given, and none 
has been found. There is no doubt that there were other 
Seals in the Province, intended and used for different and 
various purposes, but not as the Great Seal. A wood cut of 
one, modelled somewhat after the Great Seal, but with the 
motto "Crescite et multiplicamini", was printed on the title- 
page of Bacon's "Laws of Maryland" — 1765 — but Bacon, in 
the preface to the work, says the Great Seal of the Province 
then in use, was the old seal of 1648. 

There were also in use in the 
Province, Seals known as Lesser Seals. 
One of these appears on a copy of the 
Laws of Maryland between 1642 and 
1678. Another, called the Lesser Seal 
at Arms, of which a representation is 
here given, was used in connection with 
the Land Office. There is now in that 
office, a warrant attested with this seal, 
to lay out land in Somerset County, for George Gale, and which 
concludes as follows : "given under his Lordship's Lesser Seal 
at Arms, this 14th day of May, An. Dom. 1740". 

But the most interesting, perhaps, certainly the one less 
commonly known, of the smaller Seals, is the one which formed 
a part of the plate used in printing the paper money of 
the Province. It contained the escutcheon of the Great Seal 
as well as all of its other heraldic devices, but bore the motto, 
"Crescite et multiplicamini" — a motto first introduced into 
Maryland, as far as the records disclose, in 1659, it having 
appeared on the coin struck for Maryland at that time. The 

1 Hall, p. 25. 2 Scharf, 1, p. 198— Note. 





2 3 o COLONIAL MARYLAND 

accompanying impression of this little Seal, it may be interest- 
ing to note, is not made from a 
copy of it, as would be necessarily 
the case with printed impressions of 
other Seals of the Province, but, 
through the courtesy of its owner, 
is here reproduced from the original 
itself, just as it was blocked and used 
for stamping its impression on the money of its time. As 
bearing upon the later history of this valuable relic, see note 
below. 1 

When the Revolution 2 swept away Proprietary rights in 
Maryland, and the state government was established, it was 

1 This interesting relic is now in the possession of Mr. John E. 
McCuske, of Annapolis. It was found, he informed the author, under 
the following curious circumstances : by direction of the State Treas- 
urer, about fifteen years ago, he was having a window placed in the end 
of the rear wing of the old Treasury Building, at Annapolis, and after 
cutting through the outer wall, he encountered an inside wall, about 
three feet distant. In the space between these two brick walls, he found 
the quaint old iron chest, still preserved in that building, and in it, 
among other things, was this seal, which was then presented to him by 
the Treasurer, together with other parts of the plate, the most of them 
have since unfortunately been lost. 

2 THE GREAT SEAL OF THE UNITED STATES. 
Shortly after the Declaration of Independence, Congress appointed 

a committee to prepare a seal for the infant republic; and Franklin, 
Adams and Jefferson emlpoyed a swiss artist, DuSimitiere, to furnish 
designs and to illustrate such suggestions as were made by the commit- 
tee. The artist produced a device consisting of a shield supported on 
one side by the Goddess of Liberty, and on the other by a rifleman in 
hunting costume. The shield bore the armorial ensigns of the coun- 
tries from which America had mainly drawn her population. 

Franklin proposed for the device; Moses lifting his wand and divid- 
ing the Red Sea with the water destroying Pharaoh's host, borrowing 
the motto from Cromwell, "Rebellion to tyrants is obedience to God." 

Adams proposed the choice of Hercules; the hero leaning on his 
club, with Virtue pointing to her rugged mountains on one hand and 
Sloth trying to persuade him to follow her flowery path on to the other. 

Jefferson suggested the Children of Israel in the Wilderness, led 
by a cloud by day and a pillar of fire by night. On the reverse he 



THE GREAT SEAL AND FLAG 231 

decided to retain this beautiful relic of Maryland's Colonial 
days, 1 and it continued to be used as the Great Seal of the 
State until 1794, when a new one was adopted. 2 It bore on 
the one side, a figure of Justice, with the scales in one hand 

proposed to place representations of Hengist and Horsa, the Saxons 
from whom we are descended, and whose political principles are the 
foundation upon which our government is built. 

As a sort of compromise, Franklin and Adams asked Jefferson to 
combine their ideas in a compact description of the proposed seal, 
which he did in a paper now in the office of the Secretary of State at 
Washington. 

This composite design is a shield with six quarterings, which dis- 
play the rose, the thistle and the harp, emblematic of England, Scot- 
land and Ireland; the lilies of France, the imperial eagle of Germany 
and the crowned red lion of Holland. This was DuSimitiere's idea. 

The shield was bordered with a red ground, displaying thirteen 
gold stars linked by a chain bearing the initials of the States. The 
supporters were the Goddess of Liberty in a corselet of armor, in allu- 
sion to the then state of war, and the Goddess of Justice with sword 
and balance. The crest was the eye in a radiant triangle, and the motto 
E Pluribus Unum. Around the whole were the words, "Seal of the 
United States, MDCCLXXVI ;" reverse: Pharaoh passing through the 
Red Sea in his chariot in pursuit of the Israelites; Moses standing on 
a shore illumined by rays from a pillar of fire in a cloud. Motto, 
'Rebellion to tyrants is obedience to God." 

It seems that no part of Adam's classic allegory was embodied in 
this device. 

The committee reported to the Continental Congress on the tenth of 
August, 1776, but for some reason the affair was not placed on record. 
On March 24, 1779, Mr. Lovell of Massachusetts, Mr. Scott of Virginia 
and Mr. Houston of Georgia were appointed to make another design. 
Early in May these gentlemen reported in favor of a seal four inches in 
diameter ; a shield with thirteen diagonal red and white stripes with, for 
supporters, Peace with an olive branch and a warrior with a drawn 
sword. Motto : Bello vel pace, — For war or peace. The reverse side 
was to represent Liberty seated in a chair holding cap and staff. Motto, 
Semper — Forever; and underneath, the date. 

The report was submitted and resubmitted with slight modifications, 
but was not accepted; and so the matter rested until April, 1782, when 
Middleton, Boudinot and Rutledge were appointed a third committee to 
prepare a seal. But their work seems to have resulted in a failure to 

*CL Pro. 1777, i/79- = CI. Pro. 1794, 1799- 



232 COLONIAL MARYLAND 

and an olive branch in the other. The figure was surmounted 
by rays of light, and at its feet lay the fasces, with the cap of 
Liberty, and crossed olive branches. The inscription was 
simply "Great Seal of Maryland". On the opposite side was a 
tobacco hogshead, with bundles of leaf tobacco lying on top, 
two sheaves of wheat standing by the side and the cornu- 
copia of plenty lying in front. In the background was a ship 
approaching the shore, and surrounding all, the motto: "In- 
dustry the means and plenty the result". 1 

In 1817, this seal was superseded by one fashioned after 
the Great Seal of the United States, containing only an eagle, 
a semicircle of thirteen stars, and the words, "Great Seal of 
Maryland". 2 This seal, in 1854, was ordered to be changed 
for one showing the original arms of the State, and containing 
the motto, "Crescite et Multiplicamini", and the inscription, 
"1632. The Great Seal of Maryland. 1854", but in making 
this seal, the eagle was retained in place of the coronet and 
other emblems. 3 

In 1874, it was decided to discard this, and to restore the 
ancient seal, the arms of which were to conform to the arms of 
Lord Baltimore, as represented in Bacon's Laws of Maryland 
(1765). Investigation, however, proved that Bacon's repre- 
sentation of the Baltimore arms did not correspond with that 
given by Lord Baltimore himself in his commission to Gover- 
nor Stone, which accompanied the Great Seal, in 1648. This 
resulted in the adoption, in 1876, of the present Great Seal of 
Maryland, 4 which is designed after the original, and bearing 

satisfy Congress, and on June thirteenth of the same year, the whole 
matter was finally referred by that body to Charles Thomson, its 
secretary. 

He procured several devices, among them an elaborate one by 
William Barton of Philadelphia, but none of them met with congress- 
ional approval until John Adams, then in London, sent him a design 
suggested by Sir John Prestwich, an Englishman who was a warm 
friend of America and an accomplished antiquarian. 

It consisted of an escutcheon bearing thirteen stripes, white and 

1 Hall, p. 31. 2 C1. Pro. 1813, 1817. 

3 Hall, p. 35. "Tbid, p. 37. 



THE GREAT SEAL AND FLAG 233 

the same arms, emblems, motto, and inscriptions ; and thus 
Maryland to-day enjoys the distinction of having this historic 
seal, emblematic alike of the "nature of her foundation and 
the lineage of her founder" as the symbol of her honor, and 
as the signet by which her official acts are authenticated and 
accredited. 

In executing the order for the present Great Seal, the 
date of the Maryland charter — 1632 — which did not appear on 
the old seal, was inserted at the base of the marginal circle. 
The pennons, or bannerets, were also changed, being made to 
flow towards the dexter (right), instead of the sinister (left) 
side, as they appeared on the old seal. The latter change, 
unauthorized by the resolution, and of doubtful propriety, was 
made, presumably, in order that the seal would conform in 
that respect, to the Baltimore family arms, on which they are 
represented as flowing toward the dexter side, which latter 
may have been the result either of an error of the engraver, or 
Baltimore's fancy, as, in heraldry, they are most universally 
represented as flying toward the left side, as if being tarried 
toward the right. 1 

The obverse of the old seal was not included in the order 

red on a blue field, displayed on the breast of an eagle holding in his 
right talon an olive branch, and in his left a bundle of thirteen arrows ; 
in his beak a scroll inscribed, E. Pluribus Unnm. For a crest it had 
over the head of the eagle a golden glory breaking through a cloud, 
surrounding thirteen white stars on a blue field. Reverse : An unfin- 
ished pyramid; in the zenith, an eye in a triangle; over the eye the 
words : Annuit caeptis — God favors the undertaking. On the base of 
the pyramid are the Roman numerals MDCCLXXVI, and underneath 
the motto, Novus ordo seclorum — which may be translated freely, A 
new era. 

This design was accepted, and thus, after six years of fruitless 
effort on the part of our own countrymen, we became indebted for 
our national arms to a titled aristocrat of the kingdom with which we 
were then at war. Francis Zuri Stone — "The Companion." 

1 In 1884, while searching for historic relics in the vault of the old 
Treasury Building, at Annapolis, the old seal, of 1648, was found, as 
well as one of the lesser seals and the Great Seal, adopted in 1694, 
all of which are now preserved in the Land Office, at Annapolis. 



234 COLONIAL MARYLAND 

adopting the present Great Seal. The representations upon 
that side were wholly personal to Baltimore, apart from the fact 
that it possesses no practical value under the existing method 
of using the Great Seal, the old pendant seal of wax, and im- 
pressed on both sides having been superseded by the impres- 
sion of the seal being made on the document itself. 

The Maryland flag, like the Great Seal, is unique, in that 
it is strictly of heraldic design. It is composed of the armorial 
bearings and colors of the Calvert and Crossland arms, quar- 
tered as displayed on the escutcheon of the Great Seal. 1 

It has been stated, and is generally believed, that no 
design was ever formally adopted for the official flag of Mary- 
land, and that it was simply accepted by common consent. 
This would appear to be true as to the State, until adopted by 
Act of 1904, Chapter 48, but not so with respect to the Propri- 
etary government. The Maryland flag, like the Great Seal, 
was evidently designed and adopted by Cecilius, Lord Balti- 
more, and sent out by him with the colony, as it was unfurled 
and officially used a few days only after taking formal posses- 
sion of the Province, when Governor Calvert, to more forcibly 
impress the natives, ordered the "colors to be brought on 
shore", and a military parade. 2 

In honor of Sir John Harvey, Governor of Virginia, who 
visited Governor Calvert shortly after his arrival, the flag was 
also used. On that occasion, says the Relation, of 1634, "Wee 

1 For a minute description of these see pages 224-225. 

2 British Empire in America, 1, p. 184. Bozman, pp. 525, 697. 
ORIGIN AND HISTORY OF THE STARS AND STRIPES. 

In 1775, Congress appointed a committee of three gentlemen — Benj. 
Franklin and Messrs. Harrison and Lynch — to consider and devise a 
national flag. The result was the adoption of the "King's Colors" as a 
union (or corner square), combined with thirteen stripes, alternate red 
and white, showing "that although the colonies united for defense 
against England's tyranny, they still acknowledged her sovereignty." 

The first public acceptance, recognition, and salute of this flag oc- 
curred January 2, 1776, at Washington's headquarters, Cambridge, Mass. 
It was named "The Flag of the Union," and sometimes called the 
"Cambridge Flag." 



THE GREAT SEAL AND FLAG 235 

kept the solemnity of carrying our colours on shore". The 
next recorded instance in which the Maryland flag was used, 
was in 1638, when Governor Calvert made his expedition to 
Kent Island for the purpose of reducing the Claiborne forces 
to subjection, when he and his followers, as he reported to 
Baltimore, marched "with your ensign displayed", Robert 
Clarke being the colour bearer. In the famous battle also upon 
the Severn, in 1655, between the Parliamentary Party and the 
Baltimore forces, the former set up the standard of the Com- 
monwealth of England, while the latter marched "with Lord 
Baltimore's colours displayed", or as expressed by Heamans, 
master of the ship Golden Lyon, then in the harbor, and who 
took part in the battle, Baltimore's forces marched "with drums 
beating and colours flying, the colors being black and yellow, 
appointed by the Lord Proprietary". 1 

While there does not seem to be any distinct record of the 
design of the colonial flag of Maryland, it is believed to have 
been the same as the one now in use. Maryland as a state, 
did not at first formally adopt an official flag, but by common 
consent continued to use the one designed for the Provincial 
Government, just as it did the old great seal of Maryland. 
The latter was adopted by the Governor and Council, who, 
under the first constitution of the state, were invested with the 
power to make the great seal, but this power did not extend 
to the flag. The legislative department of the new govern- 
ment had the unquestioned right to adopt a standard for the 
state, but it did not exercise that right. It, therefore, must 
have been done by common consent and by the continuous 
use of the flag which had always been the standard of Mary- 
land. It is true in July 1754, Governor Horatio Sharpe of Marv- 
in the spring of 1777 Congress appointed another committee, "au- 
thorized to design a suitable flag for the nation." This committee con- 
sisted of General George Washington and Robert Morris. They called 
upon Mrs. Elizabeth Ross, who was a dressmaker, milliner, and uphol- 
stress, and who had the reputation of being the finest needle worker in 
America, and from the pencil drawing made by General Washington, 
engaged her to make a flag. 

1 Heamans Narrative, Bosman, 697. 



236 COLONIAL MARYLAND 

land was commissioned by the King of England as commander of 
the Maryland and other forces to be engaged in the French 
and English war, and that, in August of that year, he and the 
council ordered a large quantity of powder and flints, and a 
"black and yellow flag 24 feet long and 16 feet broad, with the 
union in one corner". This flag was most likely intended 
for use in the military expedition to be undertaken in the 
interests of the cross of Saint George and Saint Andrew, which 
constituted the Union Jack after the union of England and 
Scotland. It most probably, too, was never used, as Maryland 
refused to send her troops to a war which did not concern 
the state or its people, and which only meant a struggle be- 
tween England and France for mastery over the great Mis- 
sissippi valley. 

Maryland was not a royal, but was a proprietary colony, 
and it is highly improbable that Baltimore would have used 
on his Maryland standard the Union Jack of Great Britain, 
instead of his own official arms. This is still more apparent, 
when the fact is considered, that he took such painstaking 
care to work out for the coat of arms of the province a de- 
sign which was distinctively applicable to Maryland, display- 
ing the arms of its founder and the nature and scope of its 
charter; and it would have been most natural for him, in 
designing an official standard for the province, to have also 
adopted the escutcheon of his arms, as he certainly did its 
colors. 

Had the flag contained a Union Jack, or any other dis- 
tinctive emblem, it would assuredly not have escaped the ob- 
servant Heamans, who described it so minutely when waving 
at the battle of the Severn. 

It is stated that a Maryland flag was borne by the Mary- 
land volunteer troops that accompanied Braddock. in 1756, in 
his expedition against Fort Duquesne, and also that one was 

This flag was the first legally established emblem, and was adopted 
by Congress, June 14, 1777, under the following act : 

"Resolved, That the flag of the United States be thirteen stripes, 
alternate red and white; that the Union be thirteen stars, white in a 
blue field, representing a new constellation." 




"TAKEN FROM THOMAS' CHRONICLES OF MARYLAND 1 



THE GREAT SEAL AND FLAG 237 

carried throughout the entire civil war by the Frederick volun- 
teers, which became part of the First Maryland Regiment, Con- 
federate States of America. 1 

Apart from its historic interest, the Maryland flag, as may 
be seen from the accompanying illustration, possesses marked 
symmetry and beauty. The parallel and diagonal lines of the 
Calvert quarterings being in singular harmony with the crosses 
and transposed colors of those of the Crossland arms. The 
combination, too, of the colors of the former — gold and black 
— while in brilliant contrast with those of the latter quarter- 
ings — silver and red — is both effective and pleasing. 

The first American flag was first unfurled by Captain John Paul 
Jones, on the Ranger, when it became the standard of the new American 
Republic. 

In May, 1777, Congress made an order on the Treasurer to pay Mrs. 
Ross, £14, 12s, 2d, for flags for the fleet in the Delaware River, and gave 
her a contract to make all government flags. — Historical Publishing 
Company, Chicago, 1893. 

The first American flag unfurled in Maryland, was the one sent 
from Philadelphia, November, 1776, by Commodore Hopkins to Com- 
modore Joshua Barney, for use on the Hornet. "The next morning at 
sunrise, Barney had the enviable honor of unfurling it to the music of 
drums and fifes, and hoisting it on a staff, planted with his own hands, 
at the door of his rendezvous. The heart-stirring sounds of the musical 
instrument, then a novel incident in Baltimore, and the still more novel 
sight of the rebel colors gracefully waving in the breeze, attracted 
crowds of all ranks and sizes to the gay scene of the rendezvous, and 
before the setting of the same day's sun, the young recruiting officer had 
enlisted a full crew of jolly rebels for the Hornet."— Memoirs of Com- 
modore Barney, p. 30. 

1 Hollander, Political Institutions. 



CHAPTER XIII 

Force and Value of the Maryland Line in the 
American Revolution 



*T* HE part which the Maryland Line played in the drama of 
the American Revolution was one of distinctive importance. 

Its history indeed, stands out in bold relief and shows "a match- 
less splendor and unsurpassable bravery", a military bearing 
and a degree of heroism and valor, both of its officers and men, 
which promptly won for it the high and merited distinction 
of being regarded as the "very flower" of the American Army. 
While Maryland had not yet renounced her allegiance to 
England, and was indeed, still fondly indulging the hope' 
of reconciliation with the mother country, she was firmly re- 
solved to actively resist the threatened encroachment upon her 
rights and liberties, and to that end took decided steps to 
place her provincial militia upon a more efficient footing, as 
well also to the manufacture and purchase of arms and am- 
munition. As early as the 14th of June, 1775, the day before 
Washington was made commander-in-chief of the army, and 
just three days before the disastrous engagement at Bunker 
Hill, Congress ordered two companies to be raised in Mary- 
land to serve as light infantry and to join the camp at Bos- 
ton. Western Maryland responded promptly to this requisi- 
tion and the two companies were raised principally in that sec- 
tion of the State. The first company was commanded by Cap- 
tain Michael Cresap, with Thomas Warren, Joseph Cresap and 
Richard Davis lieutenants, and the second company by Cap- 
tain Thomas Price with Otho Holland Williams, and John 
Ross Key, lieutenants. Both companies, each 130 strong, 
were made up of chosen men and expert riflemen, but Cresap's 



THE MARYLAND LINE 239 

company was composed of sturdy mountaineers, who, with 
him, had become schooled in Indian warfare and accustomed 
to the severest hardships. The place of rendezvous was 
Frederick City, Md., from whence they started on the 18th 
of July, being the first troops to arrive from the South. Cre- 
sap's company reached Cambridge on the 9th of August, thus 
making the then difficult journey of 550 miles in twenty two 
days. By the 13th, Price's company had arrived, as well 
also Captain Morgan's company, recruited from the neigh- 
borhood of Shepherdstown, Virginia, and which left Fred- 
erick at the same time. They all started that day for Boston, 
where they became a part of the Continental Army. These 
troops had a brilliant career and rendered a most efficient ser- 
vice. After serving before Boston, they were incorporated 
into a rifle regiment, consisting of two other Maryland and 
four Virginia companies, and formed a part of the garrison of 
Fort Washington, under command of colonel Moses Raw- 
lings and Major Otho Holland Williams at the time of the 
memorable attack upon it by Sir William Howe. 1 

'In a letter dated August 1st, 1775, the writer in speaking of 
Captain Cresap's Company, says: "I have had the happiness of seeing 
Captain Michael Cresap marching at the head of a formidable company 
of upwards of 130 men from the mountains and backwoods, painted like 
Indians, armed with tomahawks and rifles, dressed in hunting shirts 
and moccasins, and though some of them had travelled nearly eight 
hundred miles from the banks of the Ohio, they seemed to walk light 
and easy, and not with less spirit than the first hour of their march 
* * Yesterday the Company was supplied with powder from the 
magazine which wanted airing, and was not in good order for rifles ; 
in the evening, however, they were drawn out to show their dexterity 
at shooting. A clapboard, with a mark the size of a dollar, was put 
up; they began to fire off hand, and the bystanders were surprised, 
few shots being made that were not close to or in the paper. When 
they had shot for a time this way, some lay on their backs, some on 
their breasts or sides, others ran 20 or 30 steps, and firing, appeared 
to be equally certain of the mark. With this performance the Com- 
pany was more than satisfied, when a young man took up the board 
in his hand, not by the end but by the side, and holding it up his 
brother walked a distance and very coolly shot into the white; laying 
down his rifle, he took up the board, and holding it as it was held 



2 4 o COLONIAL MARYLAND 

While the Maryland declaration, in which it was declared, 
"That the King of Great Britain had violated his compact with 
this people, and they owe no allegiance to him", was not issued 
until the sixth of July, 1776, early in January of that year 
Maryland began more formidable preparations for war than 
had hitherto been made. The Maryland convention or- 
dered 1444 men to be raised, equipped and prepared for ser- 
vice. These were to be arranged in one battalion, composed of 
nine companies, and into seven independent companies of reg- 
ular troops, two of artillery and one of marines, to serve dur- 
ing the war. The battalion was placed under command of 
Colonel William Smallwood, and with him were appointed Fran- 
cis Ware, lieutenant-colonel; Thomas Price, first major; Mor- 
decai Gist, second major, and Jacob Brice, adjutant. 

On the 3rd of June, Congress requested that a Flying 
Camp of 10,000 men be raised to serve until the first of Decem- 
ber, of which, Maryland's quota was 3,400, and on the 27th of 
June, Congress sent in a further requisition for two additional 
companies of rifle men for Colonel Rawling's rifle regiment, 
and four campanies of Germans, to form, with a like number 
from Pennsylvania, a German regiment for the united colonies. 

The two rifle and the four German companies were 
promptly recruited for three years, but owing to its size, the 

before, the second brother shot as the former had done * * But will 
you believe me when I tell you, that one of the men took the board, 
and placing it between his legs, stood with his back to the tree 
while another drove the center. What would a regular army of con- 
siderable strength in the forests of America do with 1,000 of these 
men, who want nothing to preserve their health and courage but water 
from the spring, with a little parched corn and what they can easily 
procure in hunting, and who, wrapped in their blankets in the damp 
of the night, would choose the shade of a tree for their covering, 
and the earth for their beds. Forces Archives. 

Mr. Thatcher, in his Military Journal of August, 1775, says : "these 
men are remarkable for the accuracy of their aim, striking a mark 
with great certainty at 200 yards distant * * They are now stationed 
on our line, and their shot have frequently proved fatal to British 
officers and soldiers who exposed themselves to view, even at more 
than double the distance of common musket shot." 



THE MARYLAND LINE 241 

Flying Camp could not be fully recruited until the fall, though 
the Maryland convention, exerted its best energies to expedite 
the movement. 1 

On the 6th of July, two days after the declaration of inde- 
pendence had been issued, Colonel Smallwood was ordered to 
march at once with his battalions to Philadelphia and place 
himself at the command of Congress. The independent com- 
panies from the counties of Saint Mary's, Talbot, Kent and 
Queen Anne's, were ordered to immediately proceed to Phila- 
delphia and place themselves under the command of Colonel 
Smallwood, and a little later all of the remaining independent 
companies were ordered to also place themselves under the 
command of Colonel Smallwood, and to march with expedition. 

1 In all of the leading events which immediately preceded, and which 
led up to the American Revolution, Maryland was in the forefront. It 
was her patriotic and courageous sons, who determined that her soil 
should not be poluted by the English Stamp Act, met at the Annapolis 
harbor, four years in advance of the Boston tea party, the ship "Good 
Intent", loaded with dutiable goods, and compelled her to put back to 
sea and return to the kingdom of George III her cargo of unwelcome 
merchandise; and who a little later, not under cover of mask or dis- 
guised as Indians, but in the open lime-light of day, compelled her 
owner to burn the Peggy Stewart, loaded with tea, to the water's edge. 
And to their unalterable determination and unflinching courage, may 
also be ascribed the fact, that there were not only no British stamps 
distributed in Maryland, but that the stamp distributor, Zachary Hood, 
fled panic stricken from the state, and soon thereafter surrendered his 
commission. It was her Frederick County Court that had the sagacity 
to see and the courage to decide, that the Stamp Act was illegal, null 
and void. It was a Maryland man, Daniel Dulany, who issued that 
masterly contribution to ante revolutionary literature against the right of 
the British government to tax the American colonies. James Otis of 
Massachussetts and Patrick Henry of Virginia, those brilliant cham- 
pions of American liberty, by their peerless oratory, had kindled the 
latent spark of patriotism into a blazing flame of enthusiastic indigna- 
tion, but Daniel Dulany, that great oracle of the law and wonder of the 
age, struck at the very root of the trouble, and bearded the lion in 
his own den. By his famous essay, designed for the British Parlia- 
ment and the English people, and which for boundless learning, 
powerful logic, scholarly attributes and convincing eloquence, is un- 
excelled in the annals of American revolutionary literature, demon- 
strated that under the British constitution, under the very fundimental 



242 COLONIAL MARYLAND 

This placed under the command of Smallwood the whole 
quota of 1,444 men, who constituted the troops which first 
composed what came to be commonly known as "The Mary- 
land Line." 

On August 1 6th, such part of the Flying Camp as had 
been recruited and armed, was ordered to the front, under com- 
mand of Brig.-General Rezin Beall, and on that day the Mary- 
land Council of Safety, as indicating its zeal and interest in 
the cause, and especially in the defense of New York, wrote 
the Maryland delegates in Congress that, with the troops 
already in the field, "We shall have nearly 4,000 men with you 
in a short time * * We are sending all that can be 
armed and equipped, and the people of New York, for whom 
we have great affection, can have no more than our all." 

Colonel Smallwood, after the order of July 6th, at once 
made ready his battalions and began his march on the 10th 
of July. Upon his arrival at Philadelphia, he reported to 
President John Hancock, who on the 17th instant, directed him 
to proceed to New York and report to General Washington. 
President Hancock communicated this fact to General Wash- 
ington, and represented to him that it was "An exceedingly 
fine body of men." 

principles upon which the English government was founded, and as 
expounded by her highest judicial tribunals, American colonial rep- 
resentation in the English Parliament was an impossibility, either in 
theory or in fact, and that a tax on the colonies without their consent 
for the single purpose of revenue, was unconstitutional and destructive 
of the very foundation itself upon which the colossal statute to Eng- 
lish liberty stood. Not only that, but to bring the support to his 
cause of the industrial and commercial interests of the British Empire, 
so eager to command American trade, he sounded the signal of danger 
by giving expression to that patriotic thought, then as new as it later 
became effective, of non importation and home manufacture. "Let the 
goods of American manufacture be the symbol of dignity and the badge 
of virtue", he proclaimed, "and it will soon bring the commercial in- 
terests of England to the support of our cause". This note of warn- 
ing, this essay, this master-piece in American literature, vibrated 
throughout the length and breadth of the British Empire; it furnished 
power to the great Pitt in his immortal and triumphant effort to have 
the Stamp Act repealed; it brought the industrial interests of Great 



THE MARYLAND LINE 243 

On reaching New York, Washington ordered Smallwood's 
Maryland to be attached to the brigade of Brig.-General Stir- 
ling. This battalion, says Fields, "Was one of the few uni- 
formed and well disciplined organizations in the American 
Army, and was at once relied upon by Washington for per- 
forming the most hazardous and important duties". Its first 
engagement was the battle of Long Island — August 27th, 
1776, a most crucial turning point in the war for independence 
and a most exhaustive test of the material of which this well 
appointed and well drilled battalion was composed. The 
British, augmented to 30,000 disciplined troops by the recent 
arrival of the Hessians, resolved upon the capture of New 
York, hoping thus to cut off New England from the Southern 
colonies. Washington realized that his only chance to defeat 
such an attack was to occupy Brooklyn Heights on Long Island, 
which eminence commanded the city from the water side. It 
was a dangerously exposed position, and owing to Ihe im- 

Britain to the side of the colonies, and it stamped Daniel Dulany not 
only as one of the foremost statesmen and brilliant scholars of the age, 
but distinctly marked him as the father of what commonly come to be 
known as the great American system. It was Maryland that first 
proposed a Continental Congress, and elected the first delegates to it. 
It was a Maryland man, Thomas Johnson, who placed in nomina- 
tion George Washington as commander-in-chief of the Continental Army 
and it was a Maryland man, Charles Carroll, who, as a member of 
the board of war, defeated the historic Conway cabal, designed to put 
Gates in Washington's place. And when the closing struggle came, 
and the master stroke was struck at Yorktown, it was a Maryland man, 
Colonel Tench Tilghman, Washington's aide, who had the honor of be- 
ing selected by the commander-in-chief, to bear the important news to 
Congress. With his horse in an open boat he sailed down the York 
and up the Chesapeake to Rock Hall, and riding on horseback from 
thence to the seat of the Continental Congress — one hundred miles — 
thundered into Philadelphia at midnight and laid before that 
tribunal the pleasing intelligence that Cornwallis had been taken and that 
the crowning effort for American liberty had been won. It was a 
Maryland man, too, John Hanson, who, as "the First President of the 
United States in Congress assembled", had the distinction of receiving 
Washington's official report of the surrender at Yorktown, and of pre- 
senting him, as the Father of His Country, to the Continental Con- 
gress. 



244 COLONIAL MARYLAND 

mense area of exposure, it was one that it was difficult to 
garrison. He fortified it as best he could and concentrated on 
Long Island, under command of General Putnam, 7,500 troops, 
the half of his army, the other half being left for the defense 
of New York. General Howe, the British commander, was 
convinced that he could destroy either half of the American 
Army and that would end the war for independence. While 
pretending to be preparing to attack the city, he realized he 
could not do so without placing himself between two fires, the 
army in New York in front, and that on Brooklyn Heights in 
the rear. He therefore, determined to storm the latter and to 
do it so effectually as to stampede all further efforts at resis- 
tance, and with an army of 30,000 men and 400 ships, the 
task of subjugation would seem to have been simple and easy. 
To that end, he began on August 22nd, the debarkation of 
20,000 troops on Long Island. A few days were spent in recon- 
noitering and in learning the points of locality. On the night 
of the 26th, he began to form his lines of march which by 
midnight were completed and the start was made for the 
American works. Knowing that it was quite impossible for 
Washington, with a limited force, to have securely barricaded 
all of the roads, Howe proceeded by four different routes, se- 
lecting those that were most likely to offer the least resistance. 
The Gowanus Road was given to General Grant with his High- 
land regiments; the Flatbush Road was assigned to the Hes- 
sians, under General De Heister ; the Bedford Road to General 
Cornwallis, some bridle paths across the eastern end of the 
island to General Clinton, while the rest of the army, conducted 
by Howe in person, was to take the Jamaica Road. Howe's 
purpose was to draw the American army outside of the lines, 
get it scattered and its attention diverted by attacks from 
Grant, De Heister, Cornwallis and Clinton, while he, sweeping 
around the Jamaica Road, would encircle the enemy, close it in 
and cut off its retreat. Thus completely hemmed in and en- 
trapped, the whole army must suffer either surrender or 
death. General Putman blundered and fell into the trap and 
sent out 5,000 men, all that were available, to check the ad- 



THE MARYLAND LINE 245 

vance, under Sullivan, who was to guard the Flatbush Road and 
Stirling, who was to meet the enemy on the Gowanus Road. 
Sullivan, attacked by De Heister in front and Clinton in the 
rear, was soon routed, and he, with many of his men, fell into 
the hands of the enemy. Stirling, commanding Smallwood's 
Maryland, Atlee's Pennsylvania and Haslett's Delaware troops, 
took position by break of day near the stone house on the 
Gowanus Road. A line of battle was formed, and then and 
there on the 27th of August, 1776, was fought the first open 
field and regularly pitched battle, as well as one of the most 
heroically contested and critically important battles of the 
American Revolution. For six hours the battle raged fiercely, 
but Stirling maintained his ground well and kept back Grant 
and his Highlanders, though outnumbered five to one. News 
mow reached him of Sullivan's capture and that Cornwallis 
had entrenched himself in and around the Gowanus stone 
house, mounting guns where they could be used through its 
windows and around its corners, and was about to attack him 
in the rear. Stirling now realized his extremely perilous posi- 
tion and that, as against such greatly superior numbers, it was 
a question of surrender or martyrdom. Surrender meant the 
total loss of the American Army on Long Island, and to a 
certainty, the end of the Revolution; martyrdom, while awful 
to contemplate, might mean that the army could be saved and 
the hope for American liberty still be kept alive. He chose 
the latter course and ordered all of his men to retreat and get 
within the lines, except 400 of the Maryland Line. This could 
only now be done by wading across Gowanus marsh and 
creek, all other avenues of escape being cut off, and as the tide 
was fast coming in no time could be lost. Nor could this 
even be done unless the British army could be driven back or 
held at bay. Maryland's immortal four hundred were now 
called upon by Stirling and Gist to make the sacrifice. With a 
military bearing and a sublimeness of spirit and valor, and a 
self sacrificing devotion to country and to duty no where 
surpassed, they undertook this appalling task, and plunging 
into that fearful carnage of battle and tempest of death, 



246 COLONIAL MARYLAND 

held back the enemy until the rest of the army had made its 
escape. And yet, to a man they never faltered, not even when 
their ranks had become badly thinned and shattered, nor yet, 
when the last call from their gallant leader rang forth over the 
heat and fire of battle and the din and roar of musketry and 
cannon, "Close up, close up", one more charge and the army is 
safe, though half their number were dead or dying, and though 
to obey meant only a march into the eternal jaws of an almost 
inevitable death. Five times they charged with bayonets upon 
the powerful forces of the enemy, closing up over their dead 
and dying, each time gathering renewed energy for a still 
fiercer assault, until the sixth charge was made when the 
heavy columns of Cornwallis recoiled and was about to give 
way in confusion. Assisted at this moment by fresh troops — 
the Hessians — also by a British brigade in the rear, the fierce- 
ness of the attack became too severe for human endurance. 
More than half of their number were dead or dying, and a por- 
tion of what was left of this little band surrendered with Stir- 
ling, though a part of three companies, with Major Gist, ani- 
mated by a most unconquerable determination, cut their way 
through the British ranks and made their escape. A heavy 
cannonade was not only kept up against them, but they were 
vigorously pursued by the Hessians, who would doubtless have 
destroyed the last man of them while crossing Gowanus marsh 
and creek, except that Colonel Smallwood, was happily in 
position to save them. When the Maryland troops were sent 
over to Brooklyn the day before the battle, Smallwood was held 
in New York, by order of Washington, on Court Martial duty. 
But he hurried over early the next morning, and when Stirling 
ordered his whole brigade to retreat across the marsh and creek 
and get within the lines, except Maryland's four hundred, who 
were to hold back Cornwallis, Washington ordered Smallwood 
to cover the retreat, sending him for the purpose some field 
pieces, a Connecticut regiment and the Maryland Company of 
Captain John Allen Thomas. This order was successfully exe- 
cuted, even to the extent of enabling the retreating troops to 
carry off with them twenty-eight prisoners, except that a few 



THE MARYLAND LINE 247 

men each from the Pennsylvania, Maryland, Delaware regi- 
ments were drowned while crossing the creek, and Smallwood 
was still on the ground to render the same service to the little 
remnant of his badly shattered but gallant brigade, who, with 
their comrades, now either fallen or captured, had saved Ster- 
ling's division of the American Army. 

Such was the sacrifice made by those brave young sons of 
Maryland, and which for heroism, courage and valor, stands 
without a parallel in the history of the American Revolution. 
A sacrifice made in order to defeat and wash away with their 
own patriotic blood the well laid plans of General Howe to 
make the battle of Long Island the closing act in the drama 
of the American Revolution ; made in order that the spirit 
of liberty might bask in the sunshine of another day, and draw- 
ing from it a decree of renewed vitality and inspiration, which 
might in their fullness lead on to certain victory ; made in 
order to bequeath to their country, and to those to whom the 
great majority had bid their final adieu, the assuring hope that 
American independence might yet be won, and with it the price- 
less heritage of American liberty. 

Of this crucial turning point in the war for independence, 
the Long Island Historical Society, in its estimable work, the 
Battle of Long Island, by Thomas W. Fields, says: "Fired 
with a common emulation of slaughter, Hessian and British 
troops were now pressing forward, to enclose Stirling's di- 
vision between them and Grant, in the same fatal embrace 
which had crushed the life out of Sullivan's corps. The right 
wing of the enemy, commanded by Lord Cornwallis in person, 
was hastening forward * * Cornwallis had proceeded as 
far as the Cortelyou house * * This house he proceeded to 
at once occupy as a redoubt. It thus became apparent to Lord 
Stirling that his position was no longer defensible. The gigan- 
tic extent, and the consummate skill, of the British combination, 
was apparent to the General at a glance. In order, says Stir- 
ling, to render the escape of the main body (of the army) 
across the creek more practicable, I found it absolutely nec- 
essary to attack the body of troops commanded by Lord Corn- 



248 COLONIAL MARYLAND 

wallis, posted at the house at the upper mills, which I in- 
stantly did with about half of Smallwood's regiment, first or- 
dering all the other troops to make their way across the creek. 1 
The onset of the victorious foe must be checked, while his re- 
treating columns toiled through the soft marshes, and across 
the deep tide water creek, in their rear. * * Fortunately for 
his purpose, the noblest instruments for his design were at 
hand. The Maryland regiment, now commanded by Major 
Gist, * * was burning with patriotism. * * This body of young 
men * * had been emulous of the praise of being the best 
drilled and disciplined of the revolutionary forces, and their 
high spirit, their courage, their self devotion, as well as the 
discipline of which they were proud, were now to be proved 
in the fierce furnace of battle. Flinging himself at the head 
of these brave lads, who on that day for the first time saw the 
flash of the enemy's gun, Stirling determined to stem the 
advance of the foe. 



"On all sides the enemy were now closing around the 
ifeeble band commanded by Stirling, with the intention to 

1 Colonel Smallwood in his official report to the Maryland Con- 
vention, says: "By this time they had so secured the passes on the 
road to our lines that there was no possibility of retreating that 
way. Between the place of action and our lines there lay a large marsh 
and deep creek, not above eighty yards across at the mouth, * * 
towards the head of which creek there was a mill and bridge, across 
which a certain Colonel Ward, from New England, who is charged 
with having acted a bashful part that day, passed over with his regi- 
ment, and then burned them down, though under cover of our cannon, 
which would have checked the enemy's pursuit at any time, otherwise 
this bridge might have afforded a secure retreat. There then remained 
no other prospect but to surrender or attempt to retreat over this marsh 
and creek at the mouth, where no person had ever been known to 
cross * * He (Washington) immediately sent for and ordered me 
to march down a New England regiment and Captain Thomas's Com- 
pany, which had just come over from New York, to the mouth of 
the creek, opposite where the brigade was drawn up, and ordered 
two field pieces down to support and cover their retreat * * Thomas' 
men contributed much in bringing over this party." 



THE MARYLAND LINE 249 

crush it, as they had done Sullivan's unfortunate army. The 
situation was terrible, but Stirling did not lose his self-posses- 
sion. The remnant of Sullivan's forces were endeavoring to 
escape through the morasses and thickets, and dense masses 
were crowding the dam at Freeke's mill. Many were shot 
while struggling through the mud and water ; and it is not im- 
probable that some were drowned". 

"Forming hurriedly on ground in the vicinity of Fifth ave- 
nue and Tenth street, the light column advanced along the 
Gowanus road into the jaws of battle with unwavering front. 
Artillery plowed their fast thinning ranks with the awful bolts 
of war; infantry poured its volley of musket balls in almost 
solid sheets of lead upon them, and from the adjacent hills the 
deadly Hessian Jagers sent swift messengers of death into 
many a manly form. 

"At the head of this devoted band marched their general, 
to whom even victory had now become less important than an 
honorable death, which might purchase the safe retreat of 
his army. Amid all the terrible carnage of the hour there was 
no hurry, no confusion, only a grim despair, which their cour- 
age and self-devotion dignified into martyrdom. The advance 
bodies of the enemy were driven back upon the Cortelyou 
house, now become a formidable redoubt, from the windows 
of which the leaden hail thinned the patriot ranks as they ap- 
proached. Lord Cornwallis hurriedly brought two guns into 
position near one corner of the house, and added their canister 
and grape to the tempest of death". 

"At last the little column halted, powerless to advance in 
the face of this murderous fire, yet disdaining to retreat with 
the disgrace of a flight. Again and again these self-devoted 
heroes closed their ranks over the bodies of their dead com- 
rades, and still turned their faces to the foe. But the limit 
of human endurance had for the time been reached, and the 
shattered column was driven back. Their task was not, how- 
ever, yet fully performed". 

"As Stirling looked across the salt meadows, away to the 
scene of the late struggle at Buckie's Barracks, and saw the 



2 5 o COLONIAL MARYLAND 

confused masses of his countrymen crowding the narrow cause- 
way over Freek's mill-pond, or struggling through the muddy 
tide-stream, he felt how precious to their country's liberty were 
the lives of his retreating soldiers, and he again nerved himself 
for a combat which he knew could only prove a sacrifice. Once 
more he called upon the survivors of the previous dreadful as- 
sault, and again the noble young men gathered around their 
General. How sadly he must have looked upon them — scarcely 
more than boys — so young, so brave, and to meet again the 
pitiless iron hail !" 

"The impetus and spirit of this charge carried the battalion 
over every obstacle quite to the house. The gunners were driven 
from their battery, and Cornwallis seemed about to abandon 
the position ; but the galling fire from the interior of the house, 
and from the adjacent high ground, with the overwhelming 
numbers of the enemy who were now approaching, again com- 
pelled a retreat". 

"Three times more the survivors rallied, flinging themselves 
upon the constantly re-enforced ranks of the enemy; but the 
combat, so long and so unequally sustained, was now hastening 
to its close. A few minutes more of this destroying fire and 
two hundred and fifty-six of the noble youth of Maryland were 
either prisoners in the hands of the enemy or lay side by side 
in that awful mass of dead and dying. The sacrifice had been 
accomplished, and the flying army had been saved from com- 
plete destruction. Amid the carnage Stirling was left almost 
alone, and scorning to yield himself to a British subject, he 
sought the Hessian General De Heister, and only to him would 
he surrender his sword". 



"On the shore of Gowanus Bay sleep the remains of this 
noble band. Out upon the broad surface of the level marsh 
rose a little island of dry ground, then and long after covered 
with trees and undergrowth. Around this mound, scarcely 
an acre in extent, clustered a few of the survivors of the fatal 
field and of the remorseless swamp, and here the heroic dead 
were brought, and laid beneath its sod, after the storm of bat- 



THE MARYLAND LINE 251 

tie had swept by. Tradition says that all the dead of the Mary- 
land and Delaware battalions, who fell on and near the meadow, 
were buried in this miniature island, which promised at that 
day the seclusion and sacred quiet which befit the resting place 
of the heroic dead. Third avenue intersects the westerly end 
of the mound ; and Seventh and Eighth streets indicate two of 
its sides". 

"The very dust of these streets are sacred, " for far below 
"lies the dust of those brave boys who found death easier than 
flight, and gave their lives to save their countrymen". "And our 
busy hum of commerce, our grading of city lots, our specula- 
tions in houses reared on the scene of such noble valor, and 
over the mouldering forms of these young heroes, seem almost 
sacrilege" ; * * * "but that cannot rob the nation of the sad, 
sweet thought: 'She is Maryland, OUR Maryland'. Her 
dead on the field of battle are our dead. Her fame and her 
glory are our own pride and our rejoicing". 

To those patriotic heroes, sons of Maryland, let it be 
said: The sacrifice which you made at Long Island, you did 
not make in vain. An hour more precious to American Liberty 
than any other in your country's history, there you gained. In 
the sublimeness of that hour you saved the army of your coun- 
try from the jaws of destruction which were fast closing 
around it, and you thereby left the way still open for your 
country's freedom. Sacred forever be thy memory, and hal- 
lowed be the spot where now you rest. 

On Long Island, and within the shadows of its battle 
ground now stands a massive granite shaft, erected on August 
27th, 1895, °y the Maryland Society of the Sons of The 
American Revolution, to commemorate forever the superb ac- 
tion and the matchless valor of the Maryland Line in this crisis, 
this turning point in the great struggle for American freedom, 
and to "mark the spot for all time, where lay the ashes of that 
Immortal Band of heroes who were willing to die that the 
cause of liberty might live, and in honor of Maryland's 400, 
who on this battlefield, on August 2J, 1776, saved the Ameri- 
can Army". 



252 COLONIAL MARYLAND 

Washington was in command of the New York division of 
the army, and not knowing when the city would be attacked 
by the British fleet, could not absent himself from that impor- 
tant post of duty. He did, however, risk the time on the 24th, 
to personally inspect the conditions on Long Island, and on 
the 26th to confer with General Putnam, who had just been 
put in command to relieve General Green who was ill with 
fever. On the 27th also, as soon as he knew the battle was on, 
he hurried over to Long Island with re-inforcements, but be- 
fore he reached there, Howe's girdle around the army had been 
formed and he could not have gotten within the lines even if 
he had possessed the temerity to attempt it, and the presump- 
tion to suppose that he could save the day. But from Conical 
Hill, beyond the lines, he could plainly see the awful catastro- 
phe and how his men were surrounded and slaughtered. He 
was deeply touched, and wringing his hands exclaimed, "Great 
God, what brave fellows I must lose this day" ! 

While exulting over a supposed victory, General Howe 
had not yet attained his object, and he never did. He had not 
captured the American Army on Long Island, but had simply 
driven it within its lines. Instead of following up his vantage 
ground and promptly storming the American works, now in a 
state of almost helpless confusion, he ignored this golden mo- 
ment of opportunity, and let slip by him a more than hopeful 
chance to end the war with a single blow. The long march 
the night before, and the severe fighting that day, made him 
and his men feel in need of rest and they determined to take 
it and let the storming go over to another day. Washington, 
assuming that of course, it would come the following day, 
brought over re-inforcements from New York, increasing his 
army to 10,000 men and otherwise preparing himself for it. 
Though exhausted by the terrific fighting of the day before, 
the Maryland Line was again called into requisition and placed 
on duty, with some Pennsylvania and Massachusetts troops, 
to guard the entrenched lines, a position which they main- 
tained throughout the day and night. But the storming still 
did not come. Washington now concluded that, being wedged 



THE MARYLAND LINE 253 

in on Long Island by the British Army on the land side and 
the British Navy on the water side, he had better try to effect 
a retreat. This was a perilous undertaking and a most diffi- 
cult feat, the enemy on both sides being only a few hundred 
yards away, and that it was successfully accomplished, marks 
the event as a most notable military achievement. Collecting 
every craft and boat available for the purpose, he selected the 
expert Gloucester and Marblehead fishermen and sailors from 
Glover's Massachusetts regiment, to man them. To Small- 
wood's Maryland, the Pennsylvania battalions of Shea and 
Magaw and Haslett's Delaware troops were assigned the duty 
of covering the retreat. At eight o'clock on the night of the 
29th, the boats were brought over and the embarkation was 
started as quietly as possible. All night long the Gloucester 
and Marblehead men, with muffled oars, were plying to and 
fro, the waters of the East river, conveying the patriot soldiers 
and their stores from Long Island to New York. By seven 
in the morning, the seemingly impossible task had been per- 
formed, and without the loss of a man or gun, and Long Island 
was as completely bereft of the American Army and its mun- 
iments of war, as if it had never been occupied. The troops 
covering the retreat were the last to embark, and they, with 
Washington, who personally superintended the entire move- 
ment, and who was the last man to leave the ground, were 
half way across the river and beyond range of both land and 
naval forces, before the British became aware of what had 
taken place. The night was cloudless and bright, but a heavy 
fog hung over the river in the morning and also on the even- 
ing before, when preparations were being made, and which 
materially aided in conceiling the movement, but that an army 
of 10,000 men, its stores, cannon, horses and all accoutrements, 
could have been so skillfully and noiselessly moved from the 
entrenchments and across the river without attracting the 
attention of a single sentinel, either on land or water, when 
both were so close at hand, was indeed nothing short of a marvel 
in military strategy. In his report to Congress, Washington 
said : "He had scarcely been out of the line from the 27th until 



254 COLONIAL MARYLAND 

the morning of the evacuation, and for the forty-eight hours 
preceding, he had hardly been off of his horse and had never 
closed his eyes". 

Shortly after landing in New York, the Maryland Line 
was ordered to Harlem Heights to protect the military stores, 
the most of which had been sent to that point. Keenly realiz- 
ing that New York could not be held against such a large 
army and powerful fleet, Washington decided upon its evacu- 
ation. This was at once commenced, and on the 13th of Sep- 
tember the main body of the army moved to Harlem, then 
about ten miles distant, but now well within the city limits, 
Washington occupying as his headquarters there, the splendid 
but deserted mansion of Colonel Roger Morris, a loyalist, 
who with his family had fled. A rear guard of 4,000 men, 
under Putnam, was left to garrison the city. On the 15th, 
a part of the British fleet sailed up the Hudson, and under 
its cover, a large force was landed at Kips Bay to take the 
city. Washington, hearing the cannonading, hurried to the 
scene and to his horror and disgust met the troops placed there 
to guard the landing panic stricken, and fleeing in every direc- 
tion and, in the greatest confusion. The thought of his respon- 
sibility to his country and his reputation as a General resting 
upon men displaying such cowardice and want of military 
bearing, drove him into a state of despair amounting almost 
to desperation. But it was a critical moment and he must be 
equal to its exigencies. The British had been permitted to 
land, and it would be easy to completely cut off Putnam's re- 
treat from the city, and no time must be lost. Putnam was 
ordered to leave New York immediately, and a messenger was 
hurriedly dispatched for Small-wood to bring down the Mary- 
land Line and cover the retreat. The order was promptly 
carried out and the retreat was successfully made. In this, 
Putnam was materially aided by a cleverly executed ruse of 
Mrs. Lindley Murray, who extended the hospitality of "Mur- 
ray Hill" that day to General Howe and some of his officers. 
The unsuspecting Howe fell into the trap, and while thus being 
"dined and wined", a general halt was ordered. This gave 



THE MARYLAND LINE 255 

Putnam more than an hour of respite and safety, and yet, the 
position of the Maryland Line was perilous in the extreme, 
for though delayed, the retreat was discovered in time for ser- 
ious trouble for the Maryland troops, a mere hand full, as com- 
pared to the enemy. A determined effort was made to flank and 
surround them. This was happily averted, and Smallwood 
held his ground until the last of Putnam's 4000 men had passed, 
when he ordered a retreat and the Maryland Line was soon 
safely within the lines of Harlem. 

The next morning a detachment of British made its ap- 
pearance at Harlem in front of the American line. Vir- 
ginia and Connecticut troops were sent out to get in the 
rear and cut the enemy off from the main body of the army, 
but before this could be done, the British were heavily re-in- 
forced. The Maryland troops, Colonels Richardson's and 
Griffith's regiments, and Price's rifle company were now ad- 
vanced to the scene of action. The battle lasted about an hour, 
and again the Maryland men behaved with great gallantry. 
Three times the enemy was dislodged, and was being driven 
from the field, when moving too closely to the enemy's lines, 
Washington ordered their recall. Of the action of the Mary- 
land men on this occasion, Washington, in his letter to Con- 
gress on the 18th of September, says : "These troops charged 
the enemy with great intrepidity, and drove them from the 
woods into the plain, and were pushing them from thence, 
having silenced their fire in a great measure, when I judged 
it prudent to order a retreat". The loss in the battle of Harlem 
was sixty Americans and three hundred British. 

Howe now moved about nine miles above Harlem, with 
a view of striking at the American rear and cutting off 
its supplies from New England. But the strategy of Washing- 
ton was again to be met. The only bridge over which Howe 
could cross the creek at Frog Neck, the point of destination, 
Washington had destroyed, thus delaying Howe several days. 
Availing himself of this delay and knowing that he might be 
surrounded by the enemy, now more powerful than ever by 
the arrival of another instalment of Hessians, Washington 



256 COLONIAL MARYLAND 

slipped away from Harlem and entrenched himself at White 
Plains, about thirteen miles distant, and a more formidable 
position. 1 The British promptly followed, and on the 28th, 
was fought the spirited battle of Chatterton Hill, commonly 
known as White Plains, but which in fact was across the river 
from the American encampment. General MeDougall, with 
1,600 men, including Smallwood's Maryland, was in charge 
of this outpost, and against him the attack was made. Shortly 
after the fight commenced, the "Massachusetts troops fled in 
confusion without firing scarcely a random shot". Soon the 
entire brigade followed, except the Maryland Line and a New 
York regiment, which were left alone on the field. For half 
an hour these deserted troops displayed great steadiness and 
courage, and, "twice repulsed the enemy horse and foot". 
Against such immense odds, it was deemed unwise to take 
further risk, and a retreat was ordered. Putnam had been 
advanced to the support of MacDougall, but when he reached 
there the battle was over and the enemy was in control of the 
hill. The British lost 229 and the Americans 140 men. General 
Smallwood, who conducted himself with great gallantry, was 
twice wounded and the loss to his battalion was over a hundred 
killed and wounded. Washington spent that night in strength- 
ening his fortification and giving them the appearance of 
strength which they did not really possess. In front of the 
enemy, this was partly done with corn stalks pulled up by the 
roots, in laying which, the roots and earths were placed on 
the outside. This completely deceived Howe and looked to 
him so formidable, that he concluded to defer an attack until 
he could get re-inforcements. Another opportunity lost by the 
overly cautious Howe. Washington, knowing that North 
Castle, five miles away, was practically unassailable, that night 
quietly moved his army and stores there and secured them 
safely within the lines of that strong position. Howe bitterly 
realizing that he had been outwitted by the resourceful Amer- 

1 On the night of the 21st, Maryland and Delaware troops were 
sent out to surprise the "Queen's Rangers". Eighty were killed and 
captured. The spoils were 60 stands of arms, provisions and clothing. 



THE MARYLAND LINE 257 

ican General, and that he could not risk an attack on North 
Castle, changed his plan of operations and moved away, re- 
turning down the Hudson as far as Dobbs Ferry. By this time 
Stirling and Sullivan, who had been taken at Long Island, 
were back with the army, the former having been exchanged 
for Governor Brown and the latter for General Prescott, both 
of whom had been captured some months before. 

Washington, now fearing that Howe's next move would be 
against Fort Washington, ordered Green to remove his stores 
and garrison there, and also to evacuate Fort Lee, on the oppo- 
site side of the river. They were no longer important as mili- 
tary posts ; were very much exposed, being assailable on three 
sides from the water, and too small to be sufficiently garrisoned 
to hold them. But Congress thought differently, and took 
upon itself the responsibility of directing Green to main- 
tain them, which, as might have been expected, proved to be 
a most unwise and disastrous decision. The American com- 
mander, who in the meantime had been busy distributing his 
forces, did not know of the action of Congress until his return 
on the 14th of November, ten days after he had issued the or- 
der to evacuate, and which he supposed had been done. It was 
then too late to ignore the order of Congress and to have his 
own carried out, at least as to Fort Washington, for Howe's 
fleet arrived that evening ready to storm it. The next morning 
he demanded its surrender, which the veteran Colonel Magaw, 
who was in command, declined to do. He was supported by 
Colonel Rawlings, with his now famous Maryland and Virginia 
regiments of riflemen, though reduced then to 274 men, and 
by Colonel Calwalader with his Pennsylvania regiment, in all 
about 2,600 men. Howe advanced 5,000 Hessians, under 
Knyphausen to attack Rawlings, Cornwallis and Percy were to 
direct their energies upon other quarters, all to be supple- 
mented by a general assault, both from the land and the water. 
It was a desperately hot encounter, lasting about two hours. 
Magaw and Calwalader were ultimately driven in, but Raw- 
lings, who was stationed on an eminence just beyond the lines, 
heroically held his ground. He continued to pour such a mur- 



258 COLONIAL MARYLAND 

derous fire upon the Hessians that they were twice repulsed. 
At last by sheer force of overwhelming numbers, and having 
no support, he too, after receiving a severe bullet wound, was 
compelled to retreat within the lines, but not until it had "cost 
Knyphausen 800 men to force the single regiment of Rawlings 
back". Magaw, seeing that further resistance was useless, sur- 
rendered. This was a most distressing blow to the cause of 
independence, for besides its far reaching moral effect, the 
Americans lost valuable arms and stores and had to give up 
2,500 men. The British lost about 1,200 men and the Ameri- 
cans about 150, killed and wounded. Howe determined now 
to capture Fort Lee, and to that end, dispatched 5,000 men un- 
der Gornwallis, but this move he put off for two days, by which 
time Washington had the fort evacuated and had the garrison 
with him in New Jersey. 

The ranks of the Maryland Line had now become badly 
thinned, and many of its men unfit for duty. In less than two 
months they had borne the brunt of three hotly contested bat- 
tles, each of which being at such close range that they charged 
the enemy with fixed bayonets, the first revolutionary troops 
to thus meet the British veterans face to face. On these troops 
Washington had confidently relied, and that so many of them 
had fallen, added gloom to a situation which he regarded with 
extreme apprehension and despondency. His army was half 
clothed, poorly armed, much discouraged and greatly reduced, 
and with the time of many of the enlisted men about to expire, 
still heavier encroachments upon its ranks would soon be made. 
To add still further to his troubles, much sectional feeling had 
sprung up in the army, or as Washington deploringly described 
it, "unhappy and pernicious distinctions and jealousies" existed 
between the troops of the different States. The remarkable 
deportment of many of the New England troops made them 
objects of derision and scorn among the Southern brethren, in 
arms, and the equipment, discipline and conduct of the South- 
ern troops generally, and especially the steady bearing and 
splendid achievement of the Maryland men at Long Island, 
Kips Bay, Harlem Heights and White Plains, as contrasted 



THE MARYLAND LINE 259 

with the crude soldiery qualities of many of the Northern men, 
and the cowardice of some of them, excited on their part a 
feeling of chagrin as to themselves, spite toward the Southern 
troops, and a jealousy, which meant nothing less than a deep 
sectional antipathy. 

The spirit of peculation too, which was in evidence in that 
branch of the army, was a source of the keenest annoyance 
to Washington, for apart from its moral aspect, he regarded 
it as a serious element of weakness to the entire service. Gray- 
don says: "The sordid spirit of gain, was the vital principle 
of the greater part of the army, the only exceptions I recollect 
to have seen to these miserably constituted bands from New 
England, was the regiment of Glover, from Marblehead". To 
this Gordon, another writer of the times, adds : "It is a mortify- 
ing truth that some of the Massachusetts officers disgraced 
the colony by practicing the meanest acts of peculation. Every 
subtlety that avarice can invent, or rascality carry on, are used 
to cheat the public, by men who procured commissions, not to 
fight for the liberties of their country, but to prey upon its dis- 
tresses". General Smallwood, in his report to the Maryland 
Council of Safety, October 17th, 1776, in referring to the 
flight of the Connecticut troops from Kips Bay, where he 
was afterwards sent to cover the retreat of Putnam from New 
York, says: "I have scarce an officer, myself included, or 
soldier, who did not lose more or less of their baggage, pillaged 
by these runaways. Indeed I believe many of them never had 
any other views than flight and plunder, at both of which they 
are extremely dextrous * * * I have since stripped from 
these patroons several of our soldiers coats, and had them 
severely scourged. Supplementing all this, is the letter of 
Washington from Camp Cambridge, in which he says: "The 
people of this (Massachusetts) government have obtained a 
character which they, by no means deserve ; their officers, gen- 
erally speaking, are the most indifferent kind of people I ever 
saw. I have already broke one colonel and five captains for 
cowardice and for drawing more pay and provision than they 
had men in their companies, and there are two more colonels 
now under arrest and to be tried for the same offense". 



2 6o COLONIAL MARYLAND 

Under these deplorable and discouraging conditions, Wash- 
ington commenced his masterly retreat through New Jersey, 
his destination being Philadelphia, then the seat of the Conti- 
nental Congress, and which Howe was next to attack. Stir- 
ling's brigade, composed in part of the Maryland Line, cov- 
ered the retreat, and a perilous post it was, as Cornwallis, with 
8,000 men, was in hot pursuit and at very close range — so 
close indeed, that several times just after a bridge had been 
crossed and destroyed, the advance force of the enemy was on 
the other shore of the stream. He was then pursuing the Amer- 
ican commander with the full expectation of effecting his cer- 
tain capture. Washington, after a march of ten days, on the 
2nd of December, reached Trenton, where he concluded to 
place the waters of the Delaware between him and the enemy. 
The stores and baggage were promptly moved across, but to pro- 
tect Stirling, who had covered the retreat, and who was then 
being fiercely pursued, he remained at Trenton until Stir- 
ling arrived on the 8th, when the whole army crossed, the last 
boats reaching the Pennsylvania shore just as Cornwallis 
marched into Trenton. There he was completely checked, 
for the wary Washington had collected every boat and craft 
on the Jersey side of the river for a distance of thirty miles, 
in each direction, and had them with him on the Pennsyl- 
vania shore. While Cornwallis was debating and deploring 
his situation, General Howe arrived and settled the question 
by ordering the army to be distributed along the banks of 
the river between Trenton and Princeton and wait until the 
river froze over hard enough to cross — a freeze that did not 
come. 

General Charles Lee, a Welchman, and not of the family 
of Light Horse Harry Lee, who with about 5,000 troops, had 
been left at North Castle, with orders to at once march to the 
aid of Washington, wilfully disregarded the order, though 
peremptorily given several times. This disloyalty and treach- 
ery, as subsequently proven, exposed Washington to a posi- 
tion of the most eminent danger, and but for his strategy, 
disaster and ruin to the remnant of the armv then with him 



THE MARYLAND LINE 261 

must ultimately have come, while Lee, sulking in his tent, was 
holding back all re-inforcements. Though ordered on the 
17th of November to cross the Hudson and come to the as- 
sistance of Washington, he did not attempt to move until the 
2nd of December, and even then he moved so slowly that on 
the 13th he had only gotten as far as Morristown. There, 
fortunately for the American cause, he was captured. Sulli- 
van then took the command and hastened to the support of 
the Commander-in-chief, reaching him on the twentieth. With 
these re-inforcements, and some additional men for the Mary- 
land Line, just arrived, Washington determined to strike a 
blow, and it turned out to be one of telling effect and far 
reaching results. Howe and Cornwallis, still waiting for the 
river to freeze, had gone to New York for the Christmas fes- 
tivities. Colonel Rahl, commanding a body of Hessians, was 
stationed at Trenton. On Christmas night, when the revelries 
of the season would likely make the enemy less active and 
vigilant, Washington crossed the Delaware, nine miles above 
Trenton. The night was dark and stormy and the river was 
filled with heavy, floating ice, but in spite of the difficulties, 
and dangers, Glover's fishermen sailors, of Long Island fame, 
got the little army safely over, after ten hours work, and the 
march upon Trenton was started amid a terrific storm of 
blinding hail, snow and sleet. As expected, the enemy was 
"caught napping". Colonel Rahl was himself so absorbed in 
a social game of cards at the house of a friend, that he would 
not even take the time to read a note sent in by a Tory inform- 
ing him of Washington's approach, but put it in his pocket 
to be read at a more convenient hour. The movement proved 
a complete surprise, and threw the enemy into a state of su- 
preme consternation, but they rallied and fought with desper- 
ation. Colonel Rahl soon fell mortally wounded, and Wash- 
ington captured 1,000 of his men, 6 brass field pieces and all 
his valuable stores and arms, except the arms carried by the 
men who escaped. The Hessians lost six officers and about 30 
men killed, while Washington lost only 4, two killed, and two 
who froze to death. It was a splendid victory, but it would 



262 COLONIAL MARYLAND 

have been even more so had the two divisions of the army in- 
tended to support him, have gotten there. They were to cross 
the Delaware at different points and march by different routes, 
but the night was so stormy and the river so treacherous, that 
the attempt to cross was not made. Washington was ap- 
prised of this when he first reached the river, but he was bent 
on a fight, and having with him Smallwood's Maryland and 
the Virginia and Delaware troops, he determined to risk it 
with the limited force at his command. 

The same day Washington recrossed the Delaware into 
Pennsylvania with his prisoners and prizes, but on the 30th, 
returned and occupied Trenton. Cornwallis, with 8,000 men, 
was sent forward from Princeton to dislodge him. To 
check the advance, harrassing parties of riflemen, sent out 
by Washington and stationed in the woods along the way, 
so retarded him that he did not reach Trenton until nearly 
night, by which time Washington had retired beyond the 
Assunpink river, a tributary of the Delaware just below 
Trenton, and had the bridge over it securely mounted and 
garrisoned. After several attempts to cross and each being 
repulsed with heavy loss, Cornwallis concluded to wait un- 
til the next morning, order 2,000 more troops from Princeton 
and make quick his work of demolition. But again he 
failed to reckon the strategy of Washington. Realizing that 
he could not cope with such an overwhelming force in a 
drawn battle, and also the danger of being hemmed in between 
the Delaware and Assunpink rivers, he completely foiled the 
enemy by playing a game which was a marvel in its concep- 
tion and no less wonderful in its execution. He had large 
camp fires started, and set a lot of men to work apparently 
throwing up entrenchments, in full view of the enemy, thus 
removing all suspicion that everything would not be ready in 
the morning for a battle, and one which, to Cornwallis meant 
certain victory and the capture of Washington. The camp 
fires, and the make believe entrenchments having served their 
purpose and lulled the enemy to sleep, Washington about mid- 
night slipped away, and by a route from which alarm was not 



THE MARYLAND LINE 263 

likely to be given proceeded to Princeton, then garrisoned, as 
he believed, by only a few thousand men. As he entered 
Princeton at sunrise on the 2nd of January, the 2,000 troops 
ordered to the support of Cornwallis at Trenton, were just 
preparing to march and a sharp encounter with them ensued. 
Soon the entire force there was in the field, and a fierce, gen- 
eral engagement followed, Washington personally leading and 
rallying on his men until the British were completely routed, 
with a loss of 200 killed and 300 prisoners and all their cannon 
and stores. The American loss was about 30 killed and wounded, 
among the former being General Mercer, who with a part of 
the Maryland Line and Delaware troops, formed the advance 
guard in the march upon Princeton. The brave colonel Has- 
lett was also mortally wounded. When Cornwallis awoke in 
the morning great was his surprise and chagrin when he real- 
ized the trick which Washington had played on him, the whole 
army gone, even to the last man of those left to keep up 
the fires, throw up the earthworks and make the noise. They 
had kept up their work until about day break, when they took 
to the by-paths and started to join the army at Princeton, 
leaving only an empty camp and a feint at breastworks in 
front of Cornwallis. 1 

1 This campaign was the most brilliant one of the war of the 
revolution. Stonewall Jackson's valley campaign, in 1862, reminds the 
military student of it. Cornwallis — the ablest soldier the British fur- 
nished — gentleman and knight as he was, generously expressed his ad- 
miration for it. Stedman, his historian and comrade, considers that 
Washington's most remarkable and strongest marked characteristic was 
his supreme and unfaltering courage. To cross a wide and rapid river 
in winter, by night, with an inferior, half clad and half fed force, sur- 
prise and capture a veteran commander of regulars, to make off with 
his booty, and then re-occupy his position in front of Cornwallis with 
thrice his .numbers, fighting, holding back, eluding and strike his rear, 
and make him give up all the territory won by the preceding cam- 
paign, was an achievement of tactics and strategy, of endurance and 
of courage, nothing but supreme audacity, pugnacity and courage could 
accomplish * * The courage displayed by Washington in this short 
campaign, not the physical courage of the fighter, but the intellectual 
intrepidity of the thinker, at once won him the respect of military 



264 COLONIAL MARYLAND 

The army being greatly fatigued, having fought two bat- 
tles within a week, and exposed during the whole time to 
most trying hardships, Washington occupied Princeton for 
a few hours only, when he recrossed the Delaware with his 
prisoners and trophies, and by easy marches went into quarters 
at Morristown, a strong position, and spent the rest of the 
winter in recruiting his shattered army, and otherwise pre- 
paring for the spring campaign. 

The battle of Trenton was a distinctive turning point in 
the American Revolution, for through its brilliant results, 
Washington was able to hold his army together. On New 
Years day, six days only after the eventful crossing of the 
Delaware on that memorable Christmas night, the term of ser- 
vice of the most of his men would expire and it was certain 
that they would disband. But Trenton dispelled their gloom, 
revived their spirits and inspired fresh hope, and for a small 
premium, which he personally guaranteed, Washington pro- 
cured an extension of the term of enlistment six weeks. This 
made possible the battle of Princeton, which gave still further 
buoyancy and inspiration to the army, and so enhanced its 
confidence, as well as that of the entire country, in Washington 
as a military leader, that it greatly facilitated and aided in the 
work of preparing for the ensuing campaign. 

But it was truly a critical period in the history of the Revo- 
lution. The terms of enlistment of the most of his army 
were about to expire, and the conditions were such as to call 
forth the most unremitting efforts and pathetic appeals from 
the Commander-in-chief. In a letter to Governor Johnson of 
Maryland, he said : "I have no army, the men with me are too 
few to fight, and not enough to run away with." He also 

men and military nations all over the world, and, what was of equal 
importance, the confidence of the people at home. There is no doubt 
that there was a widespread dissatisfaction with his caution and his 
slowness. The gentlemen who sit at a safe distance studying the map, 
unshaken by responsibility, always know more about war than the 
Generals who are fighting, and are liberal with their advice — after the 
event. The debaters are the most impatient for action by others. 
General Washington by General Bradley T. Johnson, page 155. 



THE MARYLAND LINE 265 

appealed most urgently to Patrick Henry, Governor of Vir- 
ginia, and Jonathan Trumbull, Governor of Connecticut. To 
the latter he wrote on March 6th: "I tell you in confidence 
that after the 15th of this month I shall be left with the re- 
mains of five Virginia regiments, not amounting to more than 
as many hundred men, and parts of two or three other conti- 
nental battalions. The remainder of the army will be composed 
of small parties of militia from New Jersey and Pennsylvania, 
on which little dependence can be put, as they come and go 
when they please". On March 14th, from Morristown, he 
wrote the president of Congress : "From the most accurate 
estimate I can now form, the whole of our numbers in Jer- 
sey fit for duty at this time is under three thousand. These, 
nine hundred and eighty-one excepted, are militia, and stand 
engaged only until the last of this month". He was thus re- 
duced to about five hundred continentals from Virginia and 
four hundred and eighty-one from Maryland and a very small 
remnant of Haslett's brave Delaware troops. New England, 
New York, New Jersey and Pennsylvania were now extremely 
quiet and inactive. 



CAMPAIGN OF 1777 

Congress, now in Baltimore, having changed the seat of 
the National Capital, concluded to invest Washington with 
practically dictatorial powers in the matter of the organization 
and management of the army — a power which he should have 
had from the beginning. 

The Commander-in-chief deeply impressed with the ex- 
treme importance of having a regular standing army to take 
the place of the hastily recruited and short termed enlistments 
of the militia which most of the states were sending in, pre- 
vailed upon Congress, near the close of the previous year, 
to organize an army of eighty battalions of regulars, and to 
call upon the states to furnish them. Congress also ordered 



266 COLONIAL MARYLAND 

sixteen additional battalions to be raised on its own account 
and wherever the men could be found to fill them. These 
were independent of the several state lines, or troops of lines, 
as they were sometimes called. Many of these battalions were 
never raised, but the order resulted in bringing into the field 
a considerable re-inforcement and of placing the army upon 
a much more efficient footing. Maryland's quota was eight 
battalions, of 500 men each, one tenth of the whole requisi- 
tion upon the states, and seemingly an undue proportion, but 
Maryland determined to exert every effort to comply with the 
order. The independent companies, then in the field, were com- 
bined into one battalion. Commissioners were hurried to camp 
to try to induce the Maryland militia of the Flying Camp, 
whose term was about to expire, to re-enlist for the war, and 
to a large degree they were successful. This, together with 
a most marked activity in the recruiting station of the state, 
enabled Maryland to comply with the requisition of Congress. 
That is, she furnished five new battalions, which, with Small- 
wood's battalion, and the one formed of the independent 
companies, made seven, the remnant of the rifle regiment of 
Colonel Rawlings, to which her four German regiments were 
added, constituting the eight. These battalions constituted two 
brigades, the one being under the command of General Small- 
wood, whom Congress had promoted in October to a Brig- 
adier-General, and the other, that of Brigadier-General De- 
boore the whole division being commanded by Major-General 
Sullivan. 

The season was well advanced before any movement of 
importance occurred. Washington, now with 8,000 men, moved 
down from Morristown to Middlebrook, a central and strong 
position, from whence he would endeavor to check any advance 
of the enemy upon Philadelphia, while Gates, Schuyler, Arnold, 
and Morgan, with about the same force, were on the upper 
Hudson to anticipate the descent from Canada into New York 
of the army of General Burgoyne. Howe had been instructed 



THE MARYLAND LINE 267 

by the British Board of War to form a juncture at Albany 
with Burgoyne and with the combined forces endeavor to 
capture the State of New York, use it as a military center 
and thus completely cut off the States lying south of it from 
those on the north. It was a long March for Burgoyne, and 
Howe concluded, in the meantime, to slip down and capture 
Philadelphia, apparently easy to do with 18,000 men. To that 
end, he left New Brunswick, his winter quarters, on the 12th 
of June, but 'he never got beyond Middlebrook, where Wash- 
ington was so securely entrenched that Howe could neither 
get by him or successfully assail him. By a series of marches 
and counter-marches, skirmishes and strategic movements, 
Washington, with his 8,000 men and strong position, not only 
prevented the further advance of the British, but so harrassed 
and perplexed Howe that dismayed and worn out, on the 30th 
of June, he abandoned his project and returned to Staten 
Island. In those eighteen days there was not a battle fought, 
and yet, the superlative genius of Washington brought to its 
cause one of the most notable achievements of the American 
Revolution. 

But as great a marvel in military skill as it was, it meant 
vastly more than simply driving Howe from his course. 
It meant even more than saving for the time, Philadelphia 
from capture, which after all was, as a war measure, of 
but little importance, as it was neither a governmental position 
or a military center, but was simply the seat of Congress, 
which could hold its session as easily elsewhere ; but it carried 
with it the significant fact, as will be seen, that Howe was 
foiled in his plans to reach his objective point and get back in 
time to form the expected union with Burgoyne at Albany. 
Howe was now so eager to get to Philadelphia that, unmind- 
ful of Burgoyne, he sailed away with his 18,000 men down the 
Ocean, passed the Delaware, which he feared was obstructed, 
and up the Chesapeake Bay to Elkton, consuming 24 days, 
from whence he expected to march upon Philadelphia. Wash- 
ington now had Howe where he wanted him. for though he could 



268 COLONIAL MARYLAND 

scarcely hope to win a battle against an army of veterans more 
than twice the size of his own and consisting chiefly of new re- 
cruits and raw militia, he felt that he could obstruct, check and 
retard his progress, and thus gain time, until it would be too 
late for Howe, now 400 miles away, to get back and re-inforce 
Burgoyne. And he did it, for while Howe in time reached 
Philadelphia, he had been held back nearly a month, and had 
been so harrassed before and after, that before he could give 
a thought as to how he could get away, Burgoyne had fallen 
and Saratoga had been won. 

While waiting for Howe to complete his sea voyage, Sul- 
livan, with the Maryland Line, determined upon an attack 
upon Staten Island in the hope of capturing about 1,000 Tories 
stationed there, some distance from the regular army. The 
attempt was made on the night of the 22nd of August, but 
owing to the mistake of Smallwood's guide in leading him in 
the darkness in front of the enemy instead of its rear, the 
movement became known, a general alarm was sounded and 
a retreat was ordered. It was made in the midst of sharp 
skirmishing, with a small loss on both sides, and the Americans 
brought away with them two Colonels and about thirty men. 
On the 24th, Washington, learning that. Howe had reached 
Elkton, and that he was preparing to land there, at once took 
up his line of march to meet him. The two armies met at 
Wilmington, Delaware. Sharp skirmishing ensued, but Wash- 
ington slowly retreated in front of the enemy until the Brandy- 
wine was reached, whence he determined to give him battle. 
On the nth of September the Hessian troops as an advance 
reached the opposite side of the Brandywine at Chads Ford, 
but did not attempt to cross in the face of the American 
Army. Nor did Washington deem it wise to make an offen- 
sive movement at that moment, not knowing just where Howe 
and the main Army were stationed. Washington was now in- 
formed that Howe had crossed the Brandywine much higher 
up and was making a circuitous march of seventeen miles 
to Chads Ford, hoping to trap and hedge in the Americans 
between the two wings of the British Army. He ordered 



THE MARYLAND LINE 269 

Sullivan with the Maryland Line, Stirling's, Stephen's and 
Hager's regiments to advance and check Howe's march, while 
he in front, and Green in the rear, would cross the Brandywine 
and capture the Hessians at Chads Ford. As this order was 
being executed, Sullivan received information that Howe 
was not advancing as at first alleged, and his whereabouts not 
being known, for though in a thickly settled country not a 
soul would reveal Howe's movements, the plan of attack thus 
ordered, and which, if properly executed, must have brought 
brilliant results, was countermanded. Amid the confusion in- 
cident to these conflicting reports and ignorant of the real po- 
sition of the enemy, Howe was found to be within a few miles 
only of Chads Ford. It was now too late to carry out Wash- 
ington's first plan, but Sullivan met Howe and a terrific and 
murderous battle followed. With such immense odds against 
him, Sullivan could not of course, hold out, and to prevent the 
useless loss of life of his men, retreated, the movement being 
covered by Washington and Green in such a masterly way 
that Sullivan's troops did not even know they were retreat- 
ing, but thought they were simply falling back to a stronger 
position. The enemy not further pursuing the attack, the bat- 
tle of Brandywine thus ended — a battle which is generally 
recorded as a British victory. In so far as the secrecy of 
Howe's movements having prevented the capture of the Hes- 
sians at Chads Ford it was, but the chief value of that splen- 
didly planned and carefully executed march was thrown away 
and forever lost when Howe failed then and there to completely 
annihilate the American Army. He had 18,000 men, and now 
had Washington wedged in between the two divisions of the 
British Army, and yet he allowed Washington to escape, 
"horse, foot and dragoon" with the loss of only about 1,000 
men, his own loss being largely in excess of that number. 
Though only a few miles away, by the surprise of Paoli, and 
some effective manoeuvers and skirmishes, Washington de- 
layed Howe's entrance into Philadelphia until the 22nd of Sep- 
tember. Congress on the 18th, had adjourned to Lancaster, 
Pa. But Washington still did not intend to give Howe time to 



270 COLONIAL MARYLAND 

consider how he could get back and form the juncture with Bur- 
goyne. Howe did not occupy Philadelphia, but was stationed 
with the main army at Germantown, nearby. On the night 
of the 3rd of October, Washington began a march of 42 miles 
to put into execution a boldly conceived plan to either cap- 
ture Howe's army, or to completely route it, and he came within 
an ace of doing it. He was to enter Germantown in four divis- 
ions and by four different routes and the enemy, thus hemmed 
in, would be forced to surrender. Sullivan was in command 
on the right, Green on the left while Armstrong was to attack 
in front and Smallwood and Foreman in the rear. The attack 
was to be made at day break by all the divisions at the same 
moment, but owing to unforeseen difficulties, this simultaneous 
movement could not be made. Green had found obstructions 
which delayed him more than an hour, and Smallwood and 
Foreman encountered breast works in their line of march 
which had to be overcome and they did not reach the ground 
until the battle was practically over. But in spite of Wash- 
ington's plans being thus upset, Germantown came marvel- 
lously near being an American victory. Sullivan at the ap- 
pointed time, sent forward the Maryland Line to attack the out- 
posts of the enemy. This was done with such vigor and steadi- 
ness that the British light infantry fled from the field and their 
whole encampment fell into the hands of the advancing col- 
umn. Sullivan's whole division now came up with great resolu- 
tion and behaved, throughout, as Washington said, "With a 
degree of gallantry that did them the highest credit". The 
British were stampeded, and such as could do so, took refuge 
in the Chew Stone house. By this time Green had arrived, 
and threw himself with powerful force into the engagement. 
The enemy was fast recoiling under a terrific fire, when a 
Virginia brigade, under Stephens, owing to an almost opaque 
fog and the thick and dense smoke, mistook Wayne's division 
for the enemy, and opened fire upon them in the rear, thus 
causing a panic in that division, which, not being understood, 
rapidly spread, causing a general disorder and the day was 
lost. Sullivan, who was in the advance, finding that in the 



THE MARYLAND LINE 271 

confusion he could get no support, retreated, and returned 
with the rest of the army to its encampment. The loss on each 
side was about 800 men. 1 

Howe now wanted to get into communication with his 
fleet, but to do so he had to reduce * Fort Miff en and 
Fort Mercer in the Delaware, but General Samuel Smith, 
of Maryland, in command of the former and the one first 
attacked, maintained his ground with such determined cour- 
age that, long before the reduction could be accomplished, 
the crowning glory of the campaign of 1777 had come and 
Washington had his coveted goal. Howe had been success- 
fully held back until Burgoyne, unsupported, had surrendered, 
and Saratoga, with its significant bearing upon the cause of 
American independence, had triumphantly been won. 

Washington now retired to White Marsh. Howe sent 
a force to draw him out, but after a short but desperately sharp 
attack by the Maryland Line and Morgan's riflemen the enemy 
returned to Philadelphia. 

In December, Sir William Howe resigned as Commander- 
in-chief of the British Army, and Washington went into his 
memorable winter quarters at Valley Forge. Sullivan was 
relieved of his command of the Maryland Line, which now 
devolved upon Smallwood who went into winter quarters 
at Wilmington to protect the State of Delaware. While there 
he captured a British vessel loaded with provisions and stores, 
and a sloop loaded with tents and arms, and which materially 
contributed to the comfort and cheer of Smallwood and his 
troops during that eventful season. 

CAMPAIGN OF 1778 
The winter at Valley Forge was one of acute distress 
and anxiety to Washington and of intense suffering for his 
men, many of whom were barefooted and almost naked. One 

tossing, and other historians quoting him, say, the Maryland 
Militia did not come into action. This is misleading. The Maryland 
Militia— raw recruits, then being marched to the front, were delayed. 
by breast works, but the Maryland Line, then seven full regiments, 
under Sullivan, was the first in action at Germantown, was constantly 
engaged, and for its gallantry and resolution received the highest com- 
mendation. Sparks V— 80; Life of General Sullivan, 64. • 



272 COLONIAL MARYLAND 

suit for two men, wearing it alternately, was not uncommon, 
the one staying in when the other was out. They rudely 
constructed for themselves huts built of poles with mud dob- 
bing and roof, but even they were little more than an apol- 
ogy for the name. Blankets too, were scarce, one frequently 
sufficing for two men, the one sitting up by the fire while the 
other slept, and the question of food even became a serious, 
and at times, a most alarming one. This seemed the harder be- 
cause apparently unnecessary and the result of an insufficient 
commissary department, which, after getting clothes, shoes 
and blankets, failed to have them transported while the army 
was suffering and dying from severe exposure. Washington's 
pathetic appeal for his men was most powerful, but it failed 
of results until a degree of hardship had been endured that 
would almost defy accurate description and yet, those who 
survived, bore it with a fortitude and spirit which could only 
be done by the exercise and the display of the highest and 
noblest sense of patriotic duty. 

But the clouds that hung so heavily over Valley Forge 
had their silver lining. The masterly strategy of Washington 
in handling Howe during the previous summer and fall, and 
the winning of Saratoga, had deeply impressed France, and 
had paved the way for an offensive and defensive alliance 
with that power. This was promptly effected, and France 
began immediate preparations to send to America both men 
and money. The intrigues too, which Horatio Gates had been 
plotting, through the Conway Cabal, to get himself put in 
Washington's place, were now brought to an end. When it 
became known that Gates, who by similar plotting had sup- 
erceded Schuyler in the Command of the Northern Army, was 
not really in active service in the heat of the battle of Sara- 
toga, and that at its most critical moment he was not on the 
field at all, but in his headquarters, and that Schuyler and 
Arnold and Morgan had really fought the battle and won it, 
and yet, that in his report, which he had the discourtesy to 
send to Congress instead of to his Commander-in-chief, he had 
not even had the frankness and generosity to mention the 
names of those officers, and that he was implicated in the 



THE MARYLAND LINE 273 

Conway Cabal, he was dismissed from the Board of War 
and assigned to duty at the forts on the Hudson. 

The presence too, of Baron Von Stubens, a German officer 
of high rank and a military teacher of great renown, at Valley 
Forge, proved to be a genuine ray of sunshine. He had 
come to help the American cause, and to do so, he spent 
that winter in instructing the troops with painstaking care 
in the military tactics by which the best results could be 
won, and by the advent of spring, he had an army, though 
small and ragged, that was well drilled both in the use of arms 
and in movements. 

Maryland, during the winter and spring, raised 2,902 men, 
the quarto demanded by Congress, and by June they were 
with the Maryland Line on the field. 

General Howe having resigned, Sir Henry Clinton early 
in May reached Philadelphia to assume command of the 
British forces. Fearing that Washington on the land side 
and the French fleet on the water side, and which was destined 
soon to arrive, might bottle him up there, he determined to 
evacuate Philadelphia, and on the 18th of June, having sent 
his sick and stores by water, set out on the march to New 
York, with his army of 12,000 men. Washington started after 
him in hot pursuit, and on the 28th occurred the battle of 
Monmouth, one of the most hotly contested engagements of 
the Revolution, and on one of the hottest days of the year. 
General Charles Lee, shortly afterwards dismissed from the 
army, with 4,000 men was ordered to make the advance, 
while Washington with the rest of the main army assumed 
position. Lafayette, who had become suspicious of Lee, hur- 
ried a messenger for the Commander-in-chief. When he 
dashed upon the scene, he was astounded to find Lee in confus- 
ion and rapidly retreating, instead of making the attack as or- 
dered. In thundering and withering tones he demanded of 
Lee the reason for such conduct, but receiving none that really 
explained it, he ordered colonels Ramsey and Stewart of the 
Maryland Line, to form under Wayne and hold the enemy 
until he could restore order in Lee's broken and fugitive col- 
umns, and form the line of battle, saying to Ramsey and 



274 COLONIAL MARYLAND 

Stewart: "If you can stop the British for ten minutes, until 
I form, you will save my army". Under a most galling and 
deadly fire, the brave Marylanders undertook the task, and with 
undaunted defiance threw themselves upon the enemy and 
checked the advance, not for ten minutes only but for half an 
hour and until order had been restored. In this engagement, 
which came to be a hand to hand fight, Colonel Ramsey fell 
after having received a number of fatal wounds. The line 
formed, with Stirling on the left, Green on the right and 
Washington in the center, the battle soon became general 
and was fought with desperate spirit and vigor on both sides. 
In the heat of it, Wayne, who had done such effective work 
with the Maryland brigade in the morning, was now destined 
to win further laurels. He boldly attacked the British cen- 
ter, occupied by the "Royal Grenadiers" and repeatedly re- 
pulsed them, in the final charge pouring such a volley of de- 
struction into their ranks that nearly every officer fell, in- 
cluding their gallant Commander, Colonel Monckton. A des- 
perate hand to hand fight occurred over his body, but Wayne 
carried it off the field. But even with this brilliant victory, 
the scales were still only about evenly balanced. Washington 
now ordered his right wing, consisting of Smallwood's Mary- 
land and Patterson's Massachusetts, to action. They came 
forward with resolution and steadiness, and in the language 
of Captain Jacobs, of the 6th Maryland regiment, they "had 
the pleasure of driving the enemy off the field of Monmouth". 
That night, Clinton, under cover of darkness, slipped away 
and finally landed in New York. Washington, by slow marches, 
through the intense heat, went up to White Plains on the Hud- 
son, and there occupied his former strong position. 

The battle of Monmouth, it is conceded, was most skill- 
fully conducted on both sides, Washington and Clinton both 
displaying extraordinary generalship. Considering its intens- 
ity and the length of time it was raging, the mortality of the 
day was surprisingly low, owing in part, to the sheltered posi- 
tion that both sides much of the time occupied. The British 
loss was about 400 and the American about 300. The tern- 



THE MARYLAND LINE 275 

perature was around 96 in the shade nearly all day, and many 
men on both sides died from sunstroke. 

Monmouth was the only battle of the Revolution in which 
troops from all of the thirteen colonies participated, and the 
only one in which a woman acted the part of a cannoneer, 
Mollie Pitcher, seeing her husband fall, rushed to his aid and 
finding him dead, gallantly took his place and bravely main- 
tained it during the rest of the battle. For her heroism Wash- 
ington made her a lieutenant and Congress placed her on the 
roll at half pay for life. 

Washington, now advised of the arrival of the French 
fleet of twelve ships and six frigates, and a land force of 4,000 
men, determined to call the new allies into action and by form- 
ing a juncture with them, .strike a crushing blow upon New 
Port, where the British had 6,000 men under Sir Robert 
Pigat. The expedition was assigned to Sullivan, who was sta- 
tioned nearby, and whom Washington re-inforced with 1,500 
picked men under Green, Lafayette and Glover. To these were 
added a large number of yeomanry from New England, which 
had been greatly harassed by the garrison at Newport, thus 
giving Sullivan an army of about 9,000 men. With this force, 
aided by the French fleet and the 4,000 French troops, the game 
seemed to be one which ought to be easily and quickly won. 
The plan of attack was admirably arranged, but it was destined 
to fall through. The land forces were to enter the Island from 
three sides, while the fleet was to lay to the south side. Count 
D'Estaing, Commander of the allies, reached there on the 29th 
of July and began unloading his troops when the British navy 
arrived on the scene. D'Estaing at once ordered his troops 
aboard the ships and sailed off to meet the enemy, leaving Sul- 
livan to cope with the situation as best he could. A terrific 
storm now came up and drove both fleets so far out at sea that 
D'Estaing did not get back for twenty days, and when he 
did return, promptly sailed away with his entire navy and army 
for Boston to repair his ships. Sullivan, thus deserted, the 
New England men having become disheartened and gone home, 
and learning that Clinton was hurrying 5,000 additional troops 



276 COLONIAL MARYLAND 

there, recrossed to the main land and the brilliantly planned 
siege of Newport was over. 

D'Estaing now moved down the coast to the West In- 
dies, to join his countrymen there at war with England, declared 
almost as soon as the Franco-American alliance had been 
formed. This conduct of D'Estaing aroused intense indignation 
all over the country and greatly shattered the hopes that, the 
French alliance would speedily end the war. Indirectly, it 
did materially help the American cause from the beginning, 
for it brought on war between England and France, thus not 
only preventing England from sending additional troops to 
America, but made it necessary that a part of those already 
here be withdrawn for other fields of battle. These indirect 
results, were destined to be followed later on, as will be seen, 
by the most active service and splendid achievement of the 
French army and navy in the cause of American independence. 
It opened the way too, by which that dashing naval Com- 
mander, John Paul Jones, with a little fleet fitted up by France, 
proclaimed to the world the rise of a new American sea power, 
and with which, he won a victory so brilliant in its achieve- 
ments that it> produced a most profound and salutary moral 
effect throughout the civilized world. Cruising in the British 
seas, off the coast of Scotland, he encountered a fleet of British 
merchantmen, under convoy of the powerfully armed cruiser, 
the Serapis, carrying sixty-three guns and 320 trained seamen. 
Though his own flagship, the Richard, was neither mounted 
or manned so strongly, on the night of the 23rd of September, 
1779, by a skillful manoeuver Jones got the Serapis lashed to 
the Richard, and thus, muzzle to muzzle, he fought and won 
the most desperate and murderous sea battle ever recorded, per- 
haps, in naval history. 

After the failure of the attack upon Newport nothing fur- 
ther occurred during the fall of importance, except that the 
opposing armies successfully held each other at bay, neither 
caring to risk a drawn battle. 

Early in December, Washington went into winter quar- 
ters in New Jersey for the protection of that State — the Mary- 
land Line being stationed at Middlebrook, that place being also 
the headquarters of the Commander-in-chief. 



THE MARYLAND LINE 277 

CAMPAIGN OF 1779 

Maryland's quota for the campaign of 1779, as apportioned 
by Congress, was 2,849 men > an d Washington was urged 
to send forward promptly efficient officers to properly effect 
the enlistment and thus hasten the recruiting service, the 
sum of $2,000 being appropriated for that purpose. The de- 
preciation in Continental currency had become so great that 
Smallwood. on behalf of the officers of the Maryland Line, 
was now constrained to ask that better provision be made 
for their support and addressed to the Governor and General 
Assembly of Maryland, an appeal in which he says: "We beg 
leave, most respectfully, to represent to your Excellency and 
Honors that the several provisions heretofore made by the 
Legislature for the subsistance of her officers, have by no 
means been adequate * * * that a zeal for the public cause, 
and an ardent desire to promote the happiness and interest of 
their country have, notwithstanding, induced them to con- 
tinue in the service to the very great prejudice of their pri- 
vate fortune ; many of which being now entirely exhausted, 
we find ourselves under the painful and humiliating necessity 
of soliciting * * * further support and the disposition of 
a generous and grateful people to reward the services of the 
faithful sons and servants of the State. The very great de- 
preciation of the Continental currency renders this absolutely 
necessary * * * to enable us to continue a service in which 
nothing but a love of liberty and the rights of mankind can 
contain us". This communication received immediate atten- 
tion and an Act was passed for the relief of the officers and sol- 
diers of The Maryland Line which seemed to be just and 
adequate. 

The winter at Middlebrook was a severe and trying one, 
though the army was in better condition than when at Valley 
Forge, and the suffering was less intense. Both armies were 
content to simply watch each other, though the British did 
make in February an attempt to take Elizabethtown, New 
Jersey. Smallwood, with the Maryland Line and Saint Clare's 
Pennsylvania division, was ordered out to form a juncture 



278 COLONIAL MARYLAND 

with Maxwell, stationed nearby, and repulse the enemy, but 
no engagement took place. The British changed their minds 
and retreated to Staten Island. 

The atrocities which had been perpetrated the year be- 
fore upon the inhabitants of the Wyoming Valley and North- 
western New York by bands of Tories and certain tribes of 
the six nations, led by Colonel John Butler of the British 
Army and Sir William Johnson, English Agent at New York, 
stood almost without a parallel in savage warfare. The coun- 
try was pillaged and devastated, aged men and innocent chil- 
dren were butchered, burned and tortured to death, while 
the women shared either the same fate or were left to the 
passions of a brutal soldiery. Skirmishing parties which had 
been sent out to assist in protecting the frontier settlement, 
when surprised and captured, as frequently occurred, were 
treated with a cruelty that beggared description. Among 
those called upon to share this horrible fate, was Pulaski's 
legion, composed principally of Maryland men, and whose 
heroism and gallantry had been so often proven. Fifty-five 
of them were surrounded and captured by Ferguson at night, 
and after a most wanton and cruel torture, fifty of them were 
in cold blood bayonetted and massacred. Such marooning ex- 
peditions were unworthy of an enlightened people or of a 
civilized soldiery, and yet, the English War Secretary, urged 
that the raids be continued and in the appropriations for the 
support of the war, was one for scalping knives, a lasting 
shame and a reproach to a boasted civilization. Washington 
determined to send out a force sufficient to put an end to this 
terrible carnage, even though it should leave the rest of the 
army, for the time being, too weak for a drawn battle with 
Clinton. He offered the command to Gates, but he declined 
the perilous undertaking. Sullivan, however, was equal to 
the occasion and early in the summer he started with an army 
of 5,000 men on his long march, with instructions "To lay 
waste to country of the hostile Iroquois and capture the nest 
of Tory miscreants", and he executed the order both in 
letter and spirit. At New Town, now Elmira, he encountered 
1,500 Tories, gave them a battle and routed them with enor- 



THE MARYLAND LINE 279 

mous loss, and following up this, he waged upon the Iroquois 
and their country, a war of such furor and destruction that 
their country was left a desert, and the tribe itself too weak, 
both in numbers and prestige, to ever again become a disturbing 
factor in the American Revolution. This acco nplished, Sul- 
livan returned with his army after a march of seven hundred 
miles. 

While these events were going on in the north, Washing- 
ton resolved upon the capture of Stony Point, a high, bold, 
rocky formation projecting out into the Hudson below West 
Point, and which was cut off from the mainland except at 
low tide. It was heavily mounted and strongly garrisoned. 
The dauntless Anthony Wayne asked to be permitted to lead 
the assault and he was given 1,200 men, Washington having 
first personally inspected the situation and its surroundings. 
The attack was as skillfully planned as it was heroically exe- 
cuted. The dogs in the neighborhood were quietly destroyed, 
every gun was ordered unloaded for fear that a bark or an 
accidental shot might sound the alarm, and a fruit vendor 
whose habit it was to visit the garrison, was employed as a 
guide. On the night of July 15th the start was made. Be- 
fore reaching the point, Wayne arranged his men of whom 
150 volunteers, under Colonel Fleury, were to form the right 
vanguard, and 100 volunteers chiefly Maryland men, under 
Major Stewart, of the Maryland Line, were to form the left. 
The two were to scale the point on opposite sides, and at the 
same time, each being preceded by a "forlorn hope" of 20 
men, led by lieutenants Gibbefn and Knox. At the hour of 
low tide the marshy causeway was crossed and the guide was 
advanced with a few men, dressed as farmers, to give the 
countersign and arrest and gag the sentinels. This done, each 
wing with fixed bayonets, stealthily made its way to the top 
of the precipice and had nearly reached it before they were 
discovered. The pickets opened fire, and the garrison now 
aroused, was soon in an uproar and every man at his place 
pouring a volley of musketry and grape into the assaulting 
columns. But by a deadly use of the bayonet they overcame 
everv obstacle, and with a resistless rush swept everything 



/ 



280 COLONIAL MARYLAND 

before them and Stony Point was taken. "The storming of 
Stony Point", says Irving, "stands out in high relief, as one 
of the most brilliant achievements of the war. The Americans 
had effected it without firing a musket. On their part it was 
a silent, deadly work of the bayonet ; the fierce resistance they 
met at the outset may be judged by the havoc made in their 
forlorn hope; out of 22 men, 17 were either killed or wounded. 
The whole loss of the Americans was 15 killed and 83 wounded. 
Of the garrison, 83 were slain, including two officers, 553 
were taken prisoners, among whom were a lieutenant-colonel, 
four captains and twenty-three subaltern officers". This act 
of heroism was warmly applauded, and Congress, in testi- 
mony of its appreciation of their brave, prudent and soldiery 
conduct, ordered a gold medal to be struck and presented to 
General Wayne and a silver one each to Colonel Fleury and 
Major Stewart. The ordnances and stores captured at Stony 
Point were estimated to be worth $158,646, and these were 
divided among the officers and troops, in accordance with their 
rank. 

The capture of Stony Point was soon followed by another 
daring venture, the surprise of Paulus Hook, now Jersey 
City, and within cannon shot of the main army with Clinton 
in New York. The expedition was entrusted to light horse 
Harry Lee, who had made himself acquainted with the con- 
ditions of the garrison there, and it was executed in true 
military order. On the night of the 19th of July, a march 
of twenty miles was started, with a detachment of the Mary- 
land Line, under Captain Levin Handy in front. Paulus Hook 
was reached at four o'clock. The advance upon it was in 
three columns, and it was made so noiselessly that the works 
had almost been gained before the movement was discovered. 
A determined dash, with fixed bayonets, threw the sleepy and 
careless enemy into consternation and, after a loss of 50 men 
by the deadly bayonet, for not a shot was fired by the assault- 
ing party, the garrison surrendered. Fearing that the firing 
had aroused Clinton in New York, Lee now beat a hasty 
retreat, and though he had a long marsh to cross and water 
"breast deep" to wade, he reached the line early the next morn- 



THE MARYLAND LINE 281 

ing, having taken with him 164 prisoners, including several 
officers. This surprise was a marvel in execution, for the 
storming and gaining of Paulus Hook were made with the 
loss of only two men. From Colonel Lee's report to Con- 
gress, the Maryland men sustained their record for valor and 
steady bearing. In it he says: "In my report to General 
Washington * * * I did not tell the world that nearly 
half of my countrymen left me. That was reported to me by 
Major Clark as I was entering the marsh, but notwithstand- 
ing this and every other dumb sign, I pushed on to the attack. 
* * The brave Marylanders stood by me faithfully. Major 
Clark, with his Virginians, exerted himself, but their efforts 
to second his endeavors were not the most vigorous". 

After this Washington moved up to West Point, where 
he and Clinton watched each other, both fearing to risk an 
open battle, until December, when Washington went into win- 
ter quarters again at Morristown, where the Maryland Line 
and the Virginia and Pennsylvania troops, under Putnam, 
formed the right wing of the army. 

THE CAMPAIGN OF 1780 

The winter of 1780 in Maryland was one of great activity. 
The Maryland Line was to have 1,400 new men, who had to 
be recruited and ready for service by the 1st of April. The 
extreme severity of the weather and the great scarcity of pro- 
vision around Morristown, and indeed, throughout New Jer- 
sey and Pennsylvania, which states had also been severely 
taxed to feed the enemy, made it essential that the deficiency 
should be made up and supplied, as largely as possible, by 
Maryland. To that end, commissioners were appointed in 
each county in the State to collect wheat, rye, corn, oats, flour 
and other provision, and to employ wagons and vessels to con- 
vev them to their destination, and through the earnestness 
and activity of these commissioners, the suffering condition 
of the army was soon relieved. 

Though the American Revolution had been in progress 
for more than three years, the British were not in control of 



282 COLONIAL MARYLAND 

a single one of the Northern or Middle States, which had 
chiefly been the scene of the conflict. All that Sir Henry 
Clinton had been able to do, was to occupy New York City, 
and in that, the resourceful Washington had held him prac- 
tically cooped up for more than a year. Every one of the 
invaded states was under self government, and still in the 
Confederation. Clinton, thus realizing his utter failure at con- 
quest, resolved to try his fortune in the Southern states. If 
he could not succeed at the strongholds, he might do so at 
the weaker points of the Confederacy. He had the most 
cogent reasons for knowing that Maryland, Virginia and North 
Carolina, of the Southern states, had a most proficient militia, 
but their troops were in the north with Washington and too 
far away to be available in the extreme south, and he knew 
that South Carolina and Georgia did not have a strong mili- 
tary organization, and were practically defenseless. There 
was a large Tory element there too, that could be counted on, 
and it was quite possible that an insurrection of negroes 
against the whites could be excited. Florida also, lay next to 
Georgia, and as it was an English possession, could be relied 
upon through its military officer, that inhuman monster, Augus- 
tine Prevost, and the Cherokee Indians, for effective aid. To 
this plausible reasoning, was added the alluring hope, that if 
the Southern States, or most of them, could be thus subdued 
and made to withdraw from the Confederation, it would so 
weaken the rest of the Union that it could not stand, and 
that, one by one, the states would fall asunder and resume 
their places in the sisterhood of the American-English colonies. 
With this bright picture before him, Clinton set out from 
New York with 13,000 men in transports, heavily convoyed, 
for the south, reaching Charleston early in May. The garri- 
son at Charleston was under command of General Benjamin 
Lincoln, who instead of evacuating, and thus saving his army, 
when he realized what an overpowering force was against 
him, as Washington would likely have done under similar 
circumstances, determined to hold his ground. On the 6th 
of May, Clinton began preparations for the siege and soon 
had Charleston completely encircled and was ready to crush 



THE MARYLAND LINE 283 

it. The issue, with such a disparity of forces, could have had 
but one result, and on the 12th, after some heavy connonading, 
to save a useless slaughter of men, Charleston was surrendered 
and the whole garrison, 3,000 men, fell into the hands of the 
British. Pulaski's legion, still chiefly composed of Maryland 
men, had hurried to the defense of Charleston, and in the siege, 
Count Pulaski was mortally wounded, and his legion shared 
the unhappy fate of the rest of the garrison. Clinton, deem- 
ing this a fatal blow, now hastened back to New York, to 
watch the movements of Washington, leaving Cornwallis with 
5,000 men at Charleston, with instructions to set up a Royal 
Government in South Carolina, and then proceed against North 
Carolina. Savannah had already fallen into the hands of the 
enemy, and Georgia was under Royal rule, but South Caro- 
lina had not been subjugated, and she was destined never 
to be. Marion and Sumter, Pickens, Williams and Clark, 
each with a mere handful of men, less than a thousand 
all told, and miserably equipped, but burning with patriotic 
ardor and of undaunted courage, by effective surprises, un- 
expected skirmishes and skillful manoeuvers, harassed, de- 
layed and checked the advance of the enemy until reinforce- 
ments reached the state and gave Cornwallis something more 
serious to think about than setting up a Royal Government in 
a state which, though having practically no organized army, he 
had not yet been able to conquer. Washington was greatly 
perplexed. His presence in the South was badly needed, and 
yet, to go there meant the probable loss of the state of New 
York, the most important military center and the most powerful 
state in the Union. He settled the question by retaining 
enough troops to hold New York, and sending the Maryland 
Line and the Delaware troops to the South. There were no 
transports to convey them, and if there had been, there were 
no men of war to protect them, so the long journey had to be 
made chiefly by an overland march. They Started from Mor- 
ristown on the 15th of April, reaching Elkton, Maryland, 
on the 3rd of May, from whence they were taken in vessels 
to Virginia. To the men of the Maryland Line, 2,000 strong, 
this passage through their native state must have been a 



284 COLONIAL MARYLAND 

melancholy scene, conscious, as they must have been, that at 
least to the great majority, it was a lasting farewell. On the 
20th of June they reached Hillsboro, North Carolina, where 
Baron DeKalb, commanding them, halted for a greatly needed 
rest, and also to await the arrival of troops from Virginia and 
North Carolina, under Stevens and Caswell, that were to form 
a juncture there. Congress, against the advice of Washing- 
ton, had given the commands of the Southern army to Gates 
and early in July he arrived at Hillsboro, assumed the com- 
mand and at once began a series of blunders which brought 
intense suffering to his men, enormous loss of life in his ranks 
and soon his own downfall. Fresh from his Virginia farm, 
to which he had some time before retired, he seemed utterly 
incapable of appreciating the condition and the needs of an 
army that had endured the tribulations of such a march, chief 
among which being a lack of food, which much of the time 
was so marked, that it could scarcely subsist. His ob- 
jective point was Camden, the chief land gateway of South 
Carolina, and about 200 miles away. In spite of the run down 
condition of that part of the army which had made the long 
journey from the north, and against a protest of the sub- 
ordinate officers, he selected a line of march through a barren 
wilderness in which food and forage were so scarce that when 
he reached Camden, he had nearly 1,000 men from the Mary- 
land Line alone on the sick list, either from insufficient food, 
or from having largely to subsist on green fruit and corn, 
too young to eat, the first crop of the season being over and 
gone, and his horses were in such a miserable condition that 
they were unfit for service. The reason assigned for this 
wantonly cruel decision was that it was a little nearer, though 
it was freely admitted that the route by Charlotte, was 
through a rich, fertile country, with an abundance of food, 
no Tories to molest the travel and patriotic friends to care 
for the sick and -injured. When he reached Camden there 
was only a small body of the British there, and they could 
easily have been routed, and the South Carolina gateway taken, 
but the irresolute Gates hesitated and put off action until it was 
too late, for soon Cornwallis, with his army of veterans was 



THE MARYLAND LINE 285 

on the scene and occupying the choice of positions. After 
a council of war, Gates was strongly advised to move to 
Claremont, near by, where a strong position could be ob- 
tained, and force a battle there, but in his egotism and over- 
weening confidence in himself, he ignored the suggestion. 
Not only that, but to still further weaken his already badly 
crippled army he sent 400 of his best Maryland men to join 
Sumter in an effort to capture a British wagon train on its 
way from Charleston. Under these conditions, the line of bat- 
tle was formed, and early in the morning on the 16th of 
August, the engagement commenced. DeKalb, with the sec- 
ond Maryland and Delaware troops formed the right wing, 
the Virginia militia, under Stevens, the left, the North Caro- 
lina militia under Caswell, the center, the first Maryland un- 
der Smallwood, being the reserve, Gates himself occupying a 
position between the right wing and the reserve. The order 
was for the American left to open fire on the British right, in 
other words, a lot of raw Virginia recruits who had just 
been mustered in and who had never seen a battle, were ex- 
pected to start the engagement against the seared veterans of 
England, a plan almost certain to insure defeat. It has been 
aptly said : "This work should have been given to those splen- 
did Maryland troops that had gone to help Sumter" and yet, 
so confident was Gates of success that he did not even take 
the always wise precaution of providing for a retreat, should 
he be routed. Colonel Otho Holland Williams of the Mary- 
land Line, in order to re-assure the young Virginians, took 
the advance with about fifty volunteers and drew the enemy's 
fire. Stevens now moved forward, but when the enemy opened 
upon his untried men, they did so with such a furious rush that 
the Virginians at once became panic stricken, and throwing down 
their arms, fled in wild confusion. The panic spread and the 
North Carolina troops soon followed their example, except two 
regiments, and they did not tarry long. Gates, too, was car- 
ried off by this wave of excitement and disorder, and he did 
not stop until he reached Hillsboro, nearly 200 miles away. 
This left the Maryland Line and the Delaware troops alone 
on the field. Smallwood's Maryland was quickly advanced 



286 COLONIAL MARYLAND 

to take the place of the flying militia, and a desperate struggle 
ensued. The enemy, time and again, recoiled under the gall- 
ing fire and deadly bayonet charges which DeKalb and Small- 
wood, Gist, Howard and Williams, poured into its ranks, 
and at times it seemed as if the day might yet be retrieved. 
Cornwallis, knowing the vigor and the valor of the men be- 
fore him, now brought his whole army to bear upon them, and 
with such inequality in numbers, the attack could not longer 
be resisted, and what was left of the brave Maryland and 
Delaware heroes beat a retreat into the dismal swamps of 
South Carolina. An order to retreat was long past due, and 
had DeKalb known that Gates had fled, as the officer second in 
command, he would doubtless have given the order and thu3 
saved a useless slaughter of gallant men, and perhaps his own 
life, of honored memory and so important to the cause of 
American Liberty, for it was not until the final bayonet charge 
was made on that eventful day, when at the head of the sec- 
ond Maryland and Delaware, he drove back the heavy columns 
of the British and took fifty prisoners, that the manly figure 
of the Frenoh patriot and soldier, General Baron DeKalb, 
fell, after receiving eleven wounds, and from which, on the 
third day thereafter, he died. 

The loss of the Maryland Line in this disastrous engage- 
ment was about 600 killed, wounded and taken prisoners, 
with about 1,000 stand of arms and all their field pieces, while 
the Delaware troops, co-operating with it, were sadly reduced 
to two companies. The British loss was about 350 killed and 
wounded. For their "Exemplary skill and bravery", at Cam- 
den, Smallwood and Gist received a vote of thanks from 
Congress, and Smallwood was promoted from a Brigadier to 
a Major-General. John Fiske says: "Gates' flight was a 
singular dramatic and appropriate end to his silly career, but 
our censure should be directed to the wretched generalship 
by which the catastrophe was prepared ; to the wrong choice 
of roads, the fatal hesitation at the critical moment, the weak- 
ening of the army on the eve of battle, and above all, to the 
rashness of fighting at all after the true state of affairs had be- 
come known * * * If the 400 Maryland regulars who had 



THE MARYLAND LINE 287 

been sent to help General Sumter had remained with the main 
army and been entrusted with the assault on the British right, 
the result of this battle would doubtless have been very 
different. It might not have been a victory, but it surely would 
not have been a rout". 

The seemingly senseless and criminally careless conduct 
of Gates at Camden was made the subject of investigation by 
Congress. He was acquitted, but before he was re-instated, 
two years after, the war was practically over. 

General Nathaniel Green superceded Gates in command 
of the Southern Army at the suggestion of Washington, who 
had urged his appointment upon Congress when Gates was first 
assigned to that position. He assumed the command early in 
December. In the meantime, Smallwood, who had succeeded 
DeKalb as Commander of the Maryland Line, and as such, 
had become the second in command of the Southern Army, 
was active in collecting and assigning to their respective com- 
mands, the broken and shattered fragments of the army, the 
places of rendezvous being Salisbury and Hillsboro, North 
Carolina. Of the Maryland Line there were only 1052 men, 
officers, rank and file, who reported for duty, and only 189, 
all told, of the Delaware regiment. Gist, with a corps of 
officers, was hurried to Maryland to recruit the greatly shat- 
tered Maryland Line, 504 new men being Maryland's ap- 
portionment. 

Early in October this had been accomplished and Gist 
was on his way to the field with his men, and new clothes 
for those already there. 

Virginia and the Carolinas now fully realized that they 
were distinctly in the war zone and that there was imperative 
need for action. There recruiting stations became exceedingly 
active and large bodies of men were mustered in and armed. 
The legislature of North Carolina at this critical period, paid 
General Smallwood the high and very unusual compliment 
of requesting him to take charge of the military department 
of that state. This he did for a time, long enough at least to 
discipline and prepare her army for effective service, Colonel 
Otho H. Williams in the meantime being placed in command 
of the Maryland Line. 



288 COLONIAL MARYLAND 

While these preparations for the ensuing campaign were 
going on, much transpired at the center, some of the events 
being of great importance. The provision train of forty wag- 
ons under heavy convoy, which had been captured by Sumter 
and the four hundred Maryland men which Gates had sent to 
his aid the day before Camden, was surprised by the dashing 
Tarleton with his British cavalry and completely routed with 
heavy loss, the train re-captured and the prisoners released. 
Sumter narrowly escaping with about 300 men, and Colonel 
Woolford, of the Maryland Line was wounded and taken pris- 
oner. As a counterpart of this, Sumter, a little later, fell upon a 
detachment of British, took 26 prisoners and released 150 
Maryland men taken at Camden, and who were being conveyed 
down the coast. 

Next came King's Mountain, the 7th of October. The 
sturdy mountaineers living on the frontiers of North Carolina 
and Southwestern Virginia, had been appealed to for aid 
to the American cause, but in vain, until they received a mes- 
sage from the British that upon the first attempt at military 
organization, their country would be invaded and devastated 
and the leaders of the movement hung, a threat which their 
Scotch-Irish and Huguenot blood would not stand. They did 
not have to organize, for they had been brought up on war, 
and Indian war at that, and the first lessons in their code 
were: "Become a sharp shooter, have the rifle always ready 
and be prepared to march on a moment's notice". Hearing 
that the distinguished British officer, General Ferguson, with 
about 1,100 men, was in the vicinity of King's Mountain, on 
the westerly border line of North and South Carolina, about 
1,000 of these daring yeomanry under Campbell, Seiver, 
Shelby, Williams and McDowell, hastily made ready and 
started in hot pursuit to let Ferguson know that the time 
for the threatened hanging to commence was now at hand. 
Ferguson keenly appreciated the gravity of the situation and 
determined to take refuge on the top of King's Mountain, 
a position which he regarded as unassailable, and so it proba- 
bly would have been to ordinary troops, but not so to the 
mountain climbers before him. The cone shaped mountain 



THE MARYLAND LINE 289 

was approachable on three sides, the fourth being a precipice. 
Dismounting and tying their horses, they divided into three 
columns. The center was to engage the enemy, and the right 
and left, ascending by different directions, were to press for- 
ward and thus completely hem in Ferguson on three sides, 
the precipice taking care of the fourth side. Like hungry 
wolves after prey, they started on the mountain climb. As 
soon as discovered, Ferguson poured a heavy fire upon the 
approaching center column, but using the trees as breastworks 
as far as possible, this had but little effect, while darting out 
here and there, Ferguson's men one by one were felled. The 
summit reached by all three divisions and the enemy was sur- 
rounded, but a terrific battle ensued, lasting over an hour. The 
brave Ferguson was killed, and the enemy completely dis- 
concerted, the entire force that survived the fearful attack 
surrendered. Of the British 389 were killed and wounded 
and 716 were taken prisoners with 1,000 stand of arms. The 
Americans lost 28 killed and 60 wounded. The yeomanry 
after delivering up their prisoners and captured arms, returned 
to their homes. With this one crushing blow to Cornwallis, 
they seemed supremely satisfied, and with the exception of 
William Campbell, do not again appear in the drama of the 
Revolution. 

CAMPAIGN OF 1781 

The Southern campaign of 1781, destined to be so fruit- 
ful in results, started out under unfavorable auspices. The army 
was small and much sickness prevailed. But the spirits of 
the men were bright and hopeful, and they had with them 
the sagacious and resourceful Green in command, with Small- 
wood, Gist, Williams and Howard, Morgan, Light Horse 
Harry Lee and William Washington, at the head of their 
respective commands. Green's army, however, was too small 
to fight Cornwallis in a drawn battle, and he wanted to get the 
forces of the enemy divided. To that end, Green divided his 
own army, placing Morgan in command of a division consisting 
of the Maryland Line, the Virginia troops and Colonel Wil- 



2 9 o COLONIAL MARYLAND 

Ham Washington's Cavalry, and sent him in the western 
section of South Carolina. This left the position of Corn- 
wallis a critical one. He could not permit Morgan to run 
around unopposed, and yet, to go after him, would leave 
Green with the coast clear to fall upon Charleston. He 
was, therefore, compelled to do what Green wanted, di- 
vide his army. This he did and dispatched that daring 
British Cavalryman Tarleton, at the head of one division 
of the British Army in pursuit of Morgan, himself remaining 
to look after Green. Tarleton overtook Morgan at Cowpens, 
then a noted mountain cow pasture, and not far from the fam- 
ous battle-ground of King's Mountain. The lines were drawn, 
and there on the 17th of January, was fought one of the most 
desperate battles of the Revolution. Colonel John Eager How- 
ard was in command of the Maryland Line, which again cov- 
ered itself with glory. After the battle had been raging for over 
an hour, with varying fortunes, Morgan ordered that a stronger 
position be taken. This the, enemy construed as a retreat, and 
rushed down upon Howard's Maryland with such fearful fe- 
rocity, that he was compelled to check it. Howard quickly 
ordered his men to "Bout face", and the turn being as quickly 
made, he poured such an irresistible and deadly volley into 
the enemy's ranks that it soon made the astonished British re- 
coil, and at this crucial moment, he gave the order to charge, 
and a desperate charge it was. With fixed bayonets and with 
unfaltering determination and overpowering impetuosity, they 
dashed double quick upon the enemy, broke their ranks and 
forced the surrender of every regiment of infantry on the 
field, the hero of Cowpens having at one time the swords of 
seven officers who had surrendered to him. While Howard 
was thus engaged with the infantry, Colonel Washington was 
waging a fearful warfare upon the cavalry of Tarleton, and 
which after being badly cut to pieces, surrendered, only Tarle- 
ton himself, with a wound inflicted by Col. Washington's own 
sword, marvelously escaping with a few men. The British 
loss was 230 killed and wounded and 600 prisoners, two field 
pieces and 1,000 stand of arms. The American loss being 



THE MARYLAND LINE 291 

less than 100 killed and wounded. Congress ordered a gold 
medal for Morgan and silver medals each for Howard and 
Washington. 

This was an irreparable blow to the enemy and one that 
changed its entire course of events. Cornwallis, believing that 
Morgan, with his prisoners, could not move rapidly, deter- 
mined to follow him up and re-capture his men, but Morgan, 
suspecting this, lost no time in moving northward. The pur- 
suit was a hot one. When the Catawba river was reached, 
Morgan had only two hours before passed over. The river 
was high, and as it was now night, Cornwallis concluded to 
wait until morning, but during the night rain had so swollen 
the river that he was delayed there two days, a similar ex- 
perience having been encountered when he reached the Yad- 
kin. But the British commander was bent upon his prey 
and as soon as he could, crossed the river and resumed his 
march. By this time Green had heard of the victory at Cow- 
pens and knew of Morgan's movement and of the pursuit of 
Cornwallis. Ordering his main army to move north as far as 
Guilford, he dashed across the country over a hundred miles 
with a few cavalrymen, to join Morgan and to take charge 
himself of the retreat. Cornwallis, to hasten his movements, 
burned his heavy baggage, but Morgan had now sent the 
prisoners on ahead to be hastened to Virginia, and no longer 
encumbered with them, he could travel as fast as Cornwallis, 
and yet, he need only move fast enough to keep beyond the 
lines of danger, for each day that Cornwallis followed under 
the deluded hope that the next would bring him his coveted 
goal, drew him that much further from his base of supplies, 
weakened his power and diminished his chances of obtaining 
re-inforcements. At Guilford a juncture was formed with 
Green's main army, which he had ordered to meet him there. 
It had been Green's intention, if Cornwallis followed him as 
far north as Guilford, to halt there and give him battle, and 
to that end, several days before had requested that he be re- 
inforced with Virginia troops then quite nearby. But Steu- 
bens and Smallwood, who had been sent to Virginia to check 



292 COLONIAL MARYLAND 

the invasion of Arnold, could not spare the troops. Green, 
knowing that a new regiment from Maryland was on its way, 
and that one from Virginia just recruited, would soon reach 
him, concluded to move on, get within the lines of Virginia 
about seventy miles away, and there await the arrival of his 
re-inforcements. This became the desperate part of the strug- 
gle, for Green now had the main army to move, which being 
encumbered with its artillery and heavy stores, could only 
be moved slowly, and this in spite of the fact that Cornwallis 
had caught up and was right on his heels. It was a desperate 
situation, and the only way to prevent the little Southern 
army now from being crushed, was to re-enact the part which 
the Maryland Line had played in the drama of Long Island 
and hold the enemy at bay while the retreat could be made. 
This perilous duty was assigned to Colonel Otho Holland 
Williams of Maryland, commanding Howard's Maryland, 
Washington's Cavalry and Lee's Legion, in all about 700 men, 
but the very flower of the army, and his skillfullness in 
strategy and masterly manoeuvers mark it as one of the most 
brilliant achievements of the war. Williams throwing himself 
between the two armies, so harassed and held back Cornwal- 
lis, and so baffled and foiled him, misleading and enticing 
him at one time twenty miles away from Green's line of march, 
that on the evening of the fourth day Green had reached and 
crossed the river Dan and was safely within the lines of 
Virginia without the loss of a man. This accomplished, Wil- 
liams again built his campfires in front of the enemy, but at 
midnight slipped away, crossed the river and joined the army 
on the Virginia side, taking with him the last boat on the 
North Carolina shore. And thus, too, it was that, by the great 
military genius of Williams and the soldierly bearing of his 
men, with only time for one meal a day and six hours out 
of every forty-eight for rest, the Southern army was saved, 
and that against British veterans under the ablest of all the 
English commanders. When Cornwallis awoke in the morning 
great was his chagrin and dismay to find that Williams had 
played the same elusive camp fire trick on him that Washington 



THE MARYLAND LINE 293 

had done at Trenton. He started in pursuit, but when he reached 
the Dan he found its broad and turbulent waters bid him defi- 
ance, that the Southern Army was resting within the lines of 
hospitable Virginia and that every boat was securely moored 
to her friendly shores. 

The British commander, fatigued, dejected and chafed 
with disappointment, now fell back upon Hillsboro to rest his 
men and to contemplate his own predicament, into which his 
enthusiasm to regain his captured men had caused him to 
be led. In a hostile state where he could not stay, and yet 
knew not how or where to go, his army greatly reduced, and 
more than 200 miles from his supplies, were the chilling facts 
that stared him squarely* in the face — truly a critical condi- 
tion. But, he was equal to the occasion, for a time at least. 
He shortly issued a proclamation that he had driven the Amer- 
ican Army out of North Carolina, had conquered the state 
and invited all Tories to organize and join the Royal stand- 
ard. Green, now re-inforced with the new Maryland regi- 
ment, under Colonel Benjamin Ford and the Virginia militia 
under General Lawson, fearing the effect of the proclamation 
and to prove that it was only the empty clamor of despera- 
tion, re-crossed the Dan and fell back upon Guilford Court 
House, not far from the lines of the enemy. Hearing that 
Tarleton, who so narrowly escaped at Cowpens, was recruiting 
large numbers of Tories, Green dispatched Lee, with his 
dragoons, two companies of Maryland men and some South 
Carolina troops, to intercept him. On their way they met 
about 400 Tories who thought they were meeting Tarleton and 
before they realized the mistake, they were surrounded and 
cut to pieces, and thus for a time was put an end to Tory 
enlistments in North Carolina. 

Green was now ready for another battle and invited it 
at Guilford Court House, where on the 13th of March, a 
desperate engagement was fought. The enemy opened on the 
Americans' first line, composed of North Carolina troops, but 
they gave way in wild confusion, though sentinels were posted 
in the rear to shoot any that attempted to run. The attack- 
was now concentrated on the second line, composed of Virginia 



294 COLONIAL MARYLAND 

militia and well did they maintain their position. But it be- 
came too severe and after a most stubborn resistance they 
were driven back and compelled to give way. This left the 
third line, consisting of the first and second Maryland, flanked 
by the Delaware troops, some Virginia continentals and Wash- 
ington's cavalry alone on the field. Cornwallis, greatly cheered 
by the action of the North Carolina and Virginia regiments 
fell upon the Maryland Line with terrific force, but like a 
roaring torrent the first Maryland, that steady old guard of 
the Revolution, broke through the ranks of the opposing column 
with fixed bayonets and drove it headlong from the field, mor- 
tally wounding the brave Colonel Stewart, its commander. In 
the heat of the attack Colonel Gunby of the Maryland 
Line, had his horse shot. He now attempted to follow on 
foot, but such was the impetuosity of the charge Howard 
was making, he never caught up. The second Maryland, raw 
recruits and who had just enlisted and who had never seen a 
battle, moved forward with alacrity and resolution, but early 
in the action, Colonel Ford, its commander fell, and left with- 
out a leader, when the heavy artillery was turned on them they 
fell back, Washington's cavalry retrieving the moment of dis- 
order and saved their cannon. Green realizing that he could 
not win the battle with his limited force without risking the 
loss of his best men, ordered the army to withdraw from the 
field, and the retreat was made in splendid order. The Amer- 
ican loss was about 400 killed and wounded, and the British 
about 600, a loss which so crippled Cornwallis and knowing 
that he could not get back to his base of supplies, left such of 
his wounded as could not travel to the mercy of the Southern 
Army, and hurried off to Wilmington, which was heavily 
garrisoned. Green thought of following him, but much of 
his army being barefooted and literally nothing less than a 
set of "ragamuffins'" it was in no condition to make another 
rapid march. 

Cornwallis now concluded to abandon the Carolinas and 
proceed to Virginia to join Arnold, and with the combined 
force, try to reduce the Old Dominion to a state of submission 
to the Royal Government. 



THE MARYLAND LINE 295 

While the departure of Cornwallis left North Carolina 
free from British invasion, South Carolina and Georgia were 
still within the grasp of the enemy, and Green now proposed 
to redeem them by forcing the evacuation of the inland forts 
and strongholds through which both states were being largely 
held. Camden was the first of these in importance, and Green 
started out to besiege it, but finding Lord Rawdon who was in 
command, too heavily suported to warrant an attack, moved off 
to Hobkerk's Hill, two miles away. The next morning, while 
the Americans were getting breakfast, and some washing their 
clothes after their long march, Rawdon surprised and routed 
them. In this engagement, Gunby, then at the head of the first 
Maryland, made the mistake of ordering his men while bravely 
charging the enemy to retire to another position, which, being 
misunderstood for an order to retreat, resulted in confusion, 
and perhaps in the loss of the day, at least the latter was of 
the opinion of Green. In his report to the President of Con- 
gress, he said : "The troops were not to blame. Gunby was the 
sole cause of the defeat * * We would have had Lord Raw- 
don and his whole command prisoners in three minutes if 
Colonel Gunby had not ordered his regiment to retire the 
greater part of which were advancing rapidly at the time they 
were ordered off. Simultaneously with Green's intended siege 
of Fort Camden, Lee, with his cavalry, was sent to co-operate 
with Marion in the reduction of Fort Watson, standing about 
half way between Camden and Charleston, which was success- 
fully accomplished. Rawdon's line of communication with the 
coast, by the fall of Fort Watson, being thus cut off, he was 
compelled after all to vacate Camden, leave it to the Ameri- 
cans and move a little nearer Charleston. While Green was 
now giving his men a much needed rest after a march of 
nearly two hundred miles, Lee, Marion and Sumter, were 
occupied in storming the numerous strong holds in the interior 
of South Carolina and Georgia, and in quick succession re- 
duced all of them, Augusta included, except the one known as 
"Ninety Six". This Green now proceeded to attack, but it was 
too heavily entrenched and manned, for besides its own gar- 



296 COLONIAL MARYLAND 

rison, Rawdon was there with 2,000 men, and Green did not 
deem it wise to risk a battle. Like Camden, however, the 
enemy could not hold it with its lines of communication with 
Charleston cut off, and it too, was now abandoned, the enemy 
moving to Orangeburg, quite near its base of supplies. Green 
followed right on their heels and they fell back on Eutaw 
Springs, where on the 8th of September, the memorable bat- 
tle of that name, one of the most hotly contested engage- 
ments of the Revolution, was fought. The North Carolina 
troops, under Sumner, formed the right wing, the Maryland 
Line under Williams and Howard the left and the Virginia 
militia under Campbell, the center. The battle soon became 
general and raged furiously. The right, unable to hold its 
position, began to fall back. Seeing this, Green ordered the 
Maryland men to charge. "Let Williams advance", he said, 
"and sweep the field". With fixed bayonets and a shout they 
obeyed and by a rapid advance in the face of a terrific 
fire. They were soon mingled, each with the other in deadly 
strife, Campbell, commanding the Virginia troops, fell, and this 
seemed to increase, if possible, the impetuosity of the Mary- 
land men. Williams soon broke the British center and then 
its right. Its left, composed of the famous Irish buffs, was in 
the conflict with Howard and would not yield, but grappled 
unto death with the Maryland men. At length, no longer 
able to stand the fury and fierceness of Howard's attack, and 
seeing that they were alone, the brave buffs fled from the 
field, and the whole of the British encampment fell into the 
hands of the valiant and victorious little army. But, while 
revelling and feasting over British stores, the enemy again 
formed and posted in a brick house and picketed garden, from 
which Green had not been able by night to dislodge them. 
Before morning they had saved him from all further trouble 
by getting away from Eutaw Springs and placing themselves 
within the lines of Charleston. The British lost about 500 
killed and wounded and about the same number taken pris- 
oners, and the Americans about 140 killed and wounded. 

General Green in his official report of this engagement 
savs: "The Marvlanders. under Colonel Williams, were led 



THE MARYLAND LINE 297 

on to a brisk charge, with trailed arms, through a heavy 
cannonade and a shower of musket balls. Nothing could ex- 
ceed the gallantry and firmness of both officers and soldiers 
upon this occasion". To General Smallwood he wrote : "Noth- 
ing could exceed the gallantry of the Maryland Line. Colonels 
Williams, Howard, and all the officers, exhibited acts of un- 
common bravery, and the free use of the bayonet of this and 
some other corps, gave us the victory * * * The Maryland 
Line made a charge that exceeded anything I ever saw". Of 
Colonel Howard he wrote : "He has great ability and the best 
disposition to promote the service. My own obligations to 
him are great — the publics' still more so. * * * He has 
been wounded, but has happily recovered". 

This virtually closed Green's masterly campaign in the 
South. In less than twelve months after taking charge of 
Gate's badly shattered and crippled army, he had completely re- 
deemed the two Carolinas and Georgia from British invasion, 
except Charleston and Savannah, where a few of the enemy 
were still cooped up. 

In strategy and in high military genius, as well as in results, 
it could hardly have been surpassed. It is true he had with 
him Williams and Howard, Morgan, William Washington and 
Lee, Marion and Sumter, and much of the time Smallwood 
and Gist, each a power within himself, but above and beyond 
all this, he had the patriotic ardor and the deadly bayonet 
Of the indomitable old Maryland Line. 

While these events had been going on in the Carolinas 
and Georgia, Virginia was being invaded and pillaged by 
Benedict Arnold. Steubens and Smallwood had been sent 
there to check it, but they did not have force enough to do 
more than harass him, and now and then to capture an outpost, 
or compel the enemy to give up its booty. The only plan 
of operations they could pursue was to drive back detachments 
sent out here and there to plunder and destroy. Steubens did 
effective work along these lines, and Smallwood compelled 
the enemy to abandon a prize captured at Broadways on the 
James, and later with 300 men and a few cannon, drove Ar- 



298 COLONIAL MARYLAND 

nold's force out of the Appamatox and down as far as City 
Point to its fleet. Cornwallis, who had gone to Virginia after 
realizing that he could no longer successfully cope with Green 
in the Carolinas, was now in command of all the Virginia 
forces, 7,000 strong. He had supplanted Arnold, in whom 
he had no confidence, and had sent him back to New York. 
His headquarters were at Yorktown, which was powerfully 
fortified and a very strong position if supported by a navy 
which could afford means of escape should he be cut off on 
the land side by closing up the narrow strip lying between 
the York and the James River. Without such support it was 
exceedingly weak, being assailable on the two sides skirted 
by the Chesapeake and the York. The post was not of Corn- 
wallis' selection, but that of Clinton. Washington now con- 
ceived the bold idea of availing himself of this element of weak- 
ness — try to catch him when he had no navy. Lafayette was 
in command in Virginia with about 4,000 men, not enough to 
seriously disturb Cornwallis, and yet enough to retard and 
hinder any hasty movement which he might desire to make. 
Count Rochambeau, the distinguished French commander, was 
also now here with 4,000 men and ready to co-operate, and the 
able French Admiral, Count De Grasse, had advised Rocham- 
beau that he would leave the West Indies about the middle 
of August, headed for the Chesapeake with 29 men of war, 
heavily mounted and 3,000 men for duty on land. These 
were ideal conditions for the success of Washington's scheme, 
which was to transport his army from New York to Yorktown, 
get behind Cornwallis on the land side, and with the French 
navy on the water side, "bottle him up". It was a prodig- 
iously bold undertaking and one that was going to require ex- 
traordinary strategy and skill to carry out, as well as profound 
secrecy. So impressed was Washington as to this latter essen- 
tial fact, that he would confer with no one about it except 
Count Rochambeau, who had to know the secret if his co-op- 
eration was to be effective. Clinton in New York must be 
misled, and Cornwallis of course, must be kept in the dark. 
To bewilder Clinton, he gave every indication of preparing 



THE MARYLAND LINE 299 

for an attack on New York with the combined American and 
French army and the French navy. To make this appear more 
certain, he began and kept up preparations on a very large 
scale, seemingly intended for a long encampment in New Jer- 
sey, just what he would have done if a siege on New York had 
really been contemplated. Leaving a sufficient force to hold 
West Point, Washington now set out on his long march of four 
hundred miles with 2,000 continentals and 4,000 French reg- 
ulars, and so carefully had the movement been guarded, that 
the enemy did not have the remotest idea where he was 
going. He had gotten nearly to Maryland before Clinton 
knew of it, and even then he thought it was only a ruse and 
that he was surely coming back, hoping by this little piece of 
strategy to surprise and catch him napping. Cornwallis was 
of this opinion too, and so confident of it that he offered 
to send Clinton re-inforcements, as he only had the small force 
under Lafayette to look after. Elkton, at the head of the 
Chesapeake, was reached and from there the army was con- 
veyed in transports, which had been secretly provided, to 
the Virginia shore. Washington and Rochambeau and their 
staffs, going over land by way of Mount Vernon, which the 
former had not seen for nearly six years. In addition to the 
4,000 French regulars with Washington, the 3,000 troops 
for land service under Admiral De Grasse at the proper time 
were landed and placed with the Commander-in-chief. By this 
time Cornwallis began to hear rumors of what was going on, 
but he did not believe them. To hurl an army four hundred 
miles, and to do it so as to effectually elude the points both 
of departure and destination as to its purpose, involved a 
series of bold adventure and daring effrontery which he could 
not quite take in, and when he did, the thing so dazed him that 
he could not correctly focus its meaning. When at length its 
full significance dawned upon him, his first impulse was to cut 
through the lines of Lafayette and get into the highlands, 
where the French navy could not go. But, as he had so often 
done before, he put it off. The next day it was too late, 
for De Grasse was in front of Yorktown, and Washington was 



300 COLONIAL MARYLAND 

at Williamsburg, close by, with 12,000 men and rapidly ar- 
ranging those segments, which, with the French fleet, were 
to form the circle by which Cornwallis was to be surrounded 
and within which Yorktown was to fall. Each moment the 
cordons were drawn tighter and tighter and soon Yorktown 
was besieged. But it was not like Cornwallis to give up with- 
out a fight and a desperate struggle ensued, lasting several 
days. Seeing his works, one after another, shattered and 
crumbling, and knowing now that he could neither win or get 
away, to prevent the further loss of life, Cornwallis, on the 19th 
of October, surrendered and Yorktown was taken. During 
the siege the allied forces lost about 300 killed and wounded, 
and the British about 550, and surrendered 7,000 troops, 2,000 
sailors, 1,500 Tories, 8,000 muskets and 235 cannon, besides 
a large quantity of ammunition and stores. In the afternoon 
of that eventful day the British Army marched out of York- 
town with colors cased, between lines formed by the French 
on the left and the Americans on the right, extending about 
a mile in length, and laid down their arms. It was a dramatic, 
military scene, and here, too, the greatness and grandeur of 
Washington again shown forth. The brave Lord Cornwallis, 
who had been his relentless antagonist for all these years, 
now lay prostrate at his feet, but he, who had the head to 
contrive and the hand to execute the most brilliant and stren- 
uous strategic movements of modern times, had also the heart 
to "temper justice with mercy". To avoid unnecessary humil- 
iation, he ordered that all attempts at exultation be sup- 
pressed, and permitted Cornwallis to surrender his sword by 
the hand of O'Hara, through whom it was returned to the 
fallen chieftan, who now, with his principal officers, were 
paroled, each taking his side arms and all personal property. 
The British prisoners were sent to Fort Frederick, Md., and 
to Winchester, Va. 

In this final struggle for American Liberty — this master 
stroke of the war — Smallwood and Gist were there with the 
third and fourth Maryland battalions, and all gallantly sus- 
taining the zeal and dignity of Maryland and adding fresh 
lustre to the honor and glory of the Maryland Line. 



THE MARYLAND LINE 301 

The surrender at Yorktown practically ended the war. 
It brought about the downfall of the personal government 
of George III of England and it secured American Indepen- 
dence. Throughout this prolonged struggle for political jus- 
tice and national freedom, the Maryland Line was animated 
by a high sense of patriotic duty, valor and courage. In the 
heat and fire of battle from Long Island to Yorktown, at 
times turning defeat into victory almost single handed and 
alone, by its discipline and heroism it won, both for its officers 
and its men, the applaudits of the enemy and the gratitude 
of those of its countrymen who espoused the cause of Ameri- 
can Liberty. 

After the close of the war the remnant of the Maryland 
Line turned its face homeward to be disbanded. Maryland, 
now almost exhausted in resources by the strains of the war, 
could not afford to be generous to her soldiers, however strong 
the desire, except in the expression of her feeling of profound 
gratefulness for their splendid military achievement, and her 
approbation for the gallantry which they had displayed 
throughout that long and eventful struggle. She did, however, 
try to be just. Congress had been discussing the question 
of bounties for the Continental troops after the close of the 
war, nearly all of whom it was known would be penniless, 
and the great majority broken down in health. Half pay for 
life was proposed, but full pay for seven years was what 
was ultimately provided. Maryland, appreciating the quality 
of her soldiers and the value of their services, added to this, 
half pay for life, to commence at the end of the seven years 
of whole pay as provided by Congress, extending the act to 
the widows of those who would have been entitled to such 
pensions. In addition to this, Maryland divided an immense 
area of land lying in the western part of the state into military 
lots of 50 acres each and apportioned them among her sold- 
iers or their representatives, one lot being awarded to the 
privates and four lots to the officers. 

General Nathaniel Green, who fully realized that his bril- 
liant achievements in the Southern campaign had so largely 



302 COLONIAL MARYLAND 

depended upon the Maryland Line, in his report to Governor 
William Paca, of Maryland, pays this high tribute to the 
worth and valor of its men: "I should be wanting in gratitude 
not to acknowledge their singular merit and the importance of 
their services. They have spilt their blood freely in the service 
of their country, and have faced every danger and difficulty 
without a murmer or complaint. * * * * It affords me 
the highest satisfaction to hear of the generous measures 
which this state is pursuing for rewarding that band of vet- 
erans who have been the greatest support of our Southern 
operations, in our most critical situation; nor should I do 
justice to their merit, not to add my highest approbation of 
their general conduct. Their patience and bearing have been 
equalled by few and excelled by none". 

Maryland furnished during the Revolution 15,229 regulars 
and 5,407 militia. When measured by the standard of example 
and results, their record will ever be one of honor to them and 
of grateful remembrance to the American people. The Mary- 
land Line was not only a brilliant contribution to the Ameri- 
can Revolution, but it was a most essential factor in the win- 
ning of American Independence and to the cause of Ameri- 
can Liberty. 

Authorities : Proceedings Maryland Convention ; Proceedings Mary- 
land Council of Safety; Proceedings Maryland Council; Journals Con- 
tinental Congress; McSherry's History of Maryland; Scharf's Hist, 
of Maryland ; J. B. Lossing, Field Notes of the Revolution ; Memoirs 
of Long Island Historical Soc, The Battle of Long Island, Thos. W. 
Fields ; The American Revolution, John Fiske ; The Revolutionary 
War, Francis Vinton Greene; Sparks Life of Washington; Irving's 
Life of Washington; General Washington, Gen. Bradley T. Johnson; 
Hist, of our Country, Edward L. Ellis ; Sketches of North Carolina, 
Simms; Hist, of the Late War, Perkins; Hist, of Virginia, Howison; 
Hist, of Georgia, McCall ; American Archives; Life of Nathaniel 
Green; G. W. Greene; Thatcher's Military Journal; Stedman; Dawson; 
Sullivan's Indian Expedition. 



CHAPTER XIV 

The Western Reserve and Maryland's 
Part in it 



J N the vast expanse of country known as "The Western Re- 
serve", bounded by the Alleghany Mountains on the east, 
and the Mississippi River on the west, and extending from the 
Great Lakes on the north to the Gulf on the south, constituting 
a distinct unit in the drama of American History, and in the 
act of making it a part of the American Commonwealth Mary- 
land became not only the central figure, but the leading actor. 
First explored, by La Salle, who in 1682, proclaimed formal 
possession of the great Mississippi valley in the name of 
France, and in honor of his King called it Louisiana. Thus 
discovered and later colonized, it became the subject for the 
final struggle between France and England for North Ameri- 
can supremacy, and at the close of the French and Indian 
War in 1763, that part of the great valley lying east of the 
Mississippi River as far down as New Orleans, but not includ- 
ing it, was ceded to England, to which country it belonged at 
the time of the American Revolution, that portion of the valley 
lying west of the Mississippi at the same time being ceded to 
Spain, an ally of France in that struggle, in whose possession it 
remained until 1802, when it again fell into the hands of France 
through her first consul Napoleon. At the close of the Ameri- 
can Revolution the disposition of this territory furnished one of 
the most difficult and troublesome questions that came before 
the American and English commissioners for adjustment at 
the treaty of Paris in 1783. 

That part of it known as "The Northwest Territory" was 
the first public domain owned by the thirteen confederated 
colonies of America, and its historv as such has a marked, in- 



3o 4 COLONIAL MARYLAND 

deed, a unique bearing upon our national development. The 
part that Maryland played in obtaining this domain for the 
confederated colonies, and the significant results flowing from 
its obtention as reflected upon our national life, are not gener- 
ally understood, nor are they clearly defined or fully portrayed 
in the most of our state and national histories. In none of them 
is full and ample justice done to Maryland, while in many 
of them she is not even accorded the "cold respect" of an hon- 
orable mention. 

It was never seriously contemplated that England should 
be allowed to control this territory if the American Revolu- 
tion resulted in independence, and the treaty of Paris of 1783. 
ratified by Congress in the old Senate chamber at Annapolis. 
January 14th, 1784, definitely settled that question. But to 
whom did it belong? North Carolina had already annexed 
the Tennessee country and Virginia had settled and taken pos- 
session of Kentucky. This, however, still left a vast territory 
north of the Ohio River debatable ground. Massachusetts, 
New York and Connecticut each claimed portions of it, be- 
cause their western charter line, it was alleged, extended to 
the Mississippi River, and Virginia, spurning and ridiculing 
those pretensions, claimed practically the whole of it for the 
reason that her charter ante-dated them all and made the 
great Father of Waters her western boundary, and upon the 
further ground that during the Revolution she had, through the 
military expeditions of George Rogers Clark, taken possession 
of that territory and had established trading posts in much of it. 
Such was the situation when Maryland came to the front in 
the Continental Congress, set on foot and pushed to a success- 
ful conclusion a plan by which these conflicting and irrecon- 
cilable claims could be adjusted in a way at once consistent 
with the law and the facts, and in harmony with that spirit 
of equity which the conditions of the times demanded. Mary- 
land's position was that the original charters of the claimant 
states never contemplated the Mississippi River, then unknown, 
as their western boundaries ; that England did not at the date of 
those charters own the territory in question, and did not in fact 
acquire it until by the treaty of Paris in 1763; that England 



THE WESTERN RESERVE 305 

had herself decided that those grants did not extend beyond 
the Alleghany Mountains and had expressly forbidden the as- 
sumption of any jurisdiction by the claimant states of any ter- 
ritory west of that line ; that Virginia's pretensions, based upon 
conquest at a time when the United Colonies were engaging 
a common foe for results to be equal weal of all, was too 
vague a claim for serious consideration ; that this vast domain, 
therefore, having belonged to Great Britain at the time of the 
Revolution, and having been won from her by the united effort 
and by the common blood and common treasure of the thir- 
teen colonies, it should be owned by them in common, and held 
as a territorial commonwealth of the new Confederation, and 
over which the new Confederation alone should exercise jur- 
isdiction and control. To this end, Maryland on the 15th of 
October, 1777, moved in the Continental Congress that "The 
United States in Congress assembled shall have the sole and 
exclusive right and power to ascertain and fix the western 
boundary of such states as claim to the Mississippi or South 
Sea, and lay out the land beyond the boundary, so ascertained, 
into separate and independent states, from time to time as 
the numbers and circumstances of the people may require" 

This has aptly been described as a "pioneer thought" and 
a "path-breaking idea" for at that time national sovereignty 
had not been much thoug-ht of by Congress, or by the people, 
and the suggestion met with but little favor. Maryland alone 
offered the resolution and Maryland alone voted for it. The 
claimant states could have hardly been expected to give prompt 
approval of such a measure, and the smaller states, such as 
Rhode Island, New Jersey and Delaware, did not seem to 
appreciate the overwhelming consequences and dangers to 
them of permitting such enormous inequality in territory as 
the claim of the larger states would have engendered. Mary- 
land, however, had well considered her course, and for more 
than three years she pursued it earnestly and relentlessly in 
spite of the most violent opposition and threatened vengeance 
if she did not relent. She even went to what was charged as 
the "most unreasonable and unwarrantable length" in posi- 
tively refusing to assent to and sign the Articles of Confedera- 



306 COLONIAL MARYLAND 

tion unless she received satisfactory assurances that this claim 
to the Northwest territory would be abandoned by the claimant 
states. This was, indeed, a drastic step in the interest of her 
resolution, for the Articles of Confederation could not become 
effective at all unless ratified, not by a majority, but by all 
the states, and which meant of course, that if she persisted in 
such a stand, there could be no confederated government. But 
Maryland was inflexible and her efforts were destined soon to 
be rewarded. By February, 1779, all the states except Mary- 
land had signed the Articles of Confederation; but standing 
alone as she was, she proved fully equal to the occasion. 

In May of that year the famous "instructions" and the 
"declaration" from the General Assembly of Maryland to her 
representatives in the Continental Congress, and which set 
forth clearly and boldly the reasons why Maryland should not 
sign the Articles of Confederation until the western land ques- 
tion was put upon a satisfactory basis, were presented to Con- 
gress, the latter document, having been printed and gener- 
ally distributed among the delegates and the people of the 
several states. These were closely followed by an Act of the 
Virginia Legislature to establish a land office for the purpose 
of issuing patents for her so called "vacant western lands", 
and for which Maryland was making her fight in the interest 
of the new Confederation. Maryland promptly protested 
against this movement, and through a resolution offered in 
Congress, urged Virginia to reconsider this step. This motion 
prevailed, all the states voting for it except Virginia, North 
Carolina and a part of New York, a most significant acqui- 
sition of strength as bearing upon the Maryland movement, 
which at first had no support except that of her own vote. 
The issue thus squarely made soon became the subject of gen- 
eral discussion in Congress, in the state legislatures and among 
the people. Shortly after this came the "Virginia Remon- 
strance", in which Virginia, while scorning the suggestion of 
the Confederation exercising jurisdiction over the western 
lands, declares her willingness to listen to any "just and reason- 
able proposition" for removing Maryland's excuse for delay 
in ratifying the Articles of Confederation, thus showing that 



THE WESTERN RESERVE 307 

the force of Maryland's position was being decidedly felt. 
The first important break, however, in the ranks of the oppo- 
sition came from New York. General Schuyler, a delegate 
from that state, seeing the drift of things and realizing that the 
Maryland policy of making the western lands a great national 
commonwealth, to be ultimately divided into free, independent 
sovereign states, was inevitably to prevail, so reported to the 
legislature of his state. Acting upon this report, the General 
Assembly of New York in February, 1780, passed an Act 
"to facilitate the completion of the Articles of Confederation", 
and directed her representatives in Congress to make the 
cession of her western lands. This action on the part of New 
York acted as a great tidal wave, destined to sweep before it 
and neutralize the force and power of all the opposition to the 
Maryland movement. Even Congress now thought it was 
time to divulge its hand, and the committee to which had been 
referred the Maryland declaration and the Virginia remon- 
strance, on the 6th of September, 1780, made its report, with the 
proposal that a general cession of all the western lands be 
promptly made. This, on October 10th was followed by the 
further proposal by Congress, that, when so ceded, the new 
Confederation should, in due time, divide it into free, inde- 
pendent and sovereign states — the identical plan which Mary- 
land three years before had inaugurated and set out so earnestly 
to accomplish. Connecticut promptly fell into line, and on 
January 2nd, 1781, Virginia gracefully yielded, it being under- 
stood that she would be re-imbursed for the expense she had 
borne in subduing and defending the territory she claimed 
under the expedition led by George Rogers Clark during the 
Revolution. 

Maryland, now assured of the strength of her position and 
the success of her contention and that the great domain of the 
Northwest would become the commonwealth of the Confed- 
erated States, on the first of March following signed the Arti- 
cles of Confederation, and thus completed the circle within 
which was formed the union of the states. The delegates to 
the Continental Congress from Maryland during this eventful 
period were, John Hanson, George Plater, William Paca, Sam- 



3 o8 COLONIAL MARYLAND 

uel Chase, Thomas Stone, Charles Carroll of Carrollton, Wil- 
liam Carmichael, James Forbes, Daniel Carroll, Daniel of St. 
Thomas Jenifer, Benjamin Rumsey and Robert Alexander. 

It has been naively suggested that it was not really the 
Maryland policy that ultimately prevailed in obtaining the 
Northwest territory for the new Confederation, but that it was 
the result of plans formulated by the Continental Congress. 1 
The truth, if it must be revealed, is that the Continental Con- 
gress did not, directly or indirectly, make a single movement 
or even a suggestion, as far as its records disclose, on the 
subject of the Northwest territory until the 6th of September, 
1780, when a general land cession was recommended. But 
this was seven months after New York, convinced that Mary- 
land's course was right and would inevitably prevail, surren- 
dered her claim and thus through the strength of her position 
and the force of her example had virtually settled the question. 
The motive which prompted New York, as alleged by her 
General Assembly in yielding to the demands of Maryland^ 
was to "facilitate the completion of the Articles of Confedera- 
tion", and as Maryland was the only state whose assent it 
was necessary to obtain in order to accomplish that end, and 
as the surrender of the western lands by the claimant states 
was a condition precedent to the obtaining of her consent, as 
she had so long and vigorously asserted, it necessarily followed 
that it was the Maryland policy and not that of Congress that 
brought it about. Both the Maryland resolution of 1777 and 
the Maryland instructions of 1778 boldly asserted title to the 
Northwest territory in the new Confederation, and they both 
demanded that it be nationalized, but to do so, control of it must 
first be obtained as against the claimant states, and it was to get 
this control that Maryland directed her efforts and bent her 
energies in prevailing upon the states in control to surrender 
it. 

The importance of this action of Maryland in thus obtain- 
ing for the new Confederation this vast domain of country can 

Notably by Prof. B. A. Hinsdale, in his work The Old North 
West, Page 198. 



THE WESTERN RESERVE 



309 



not be measured alone by its commercial value, or even by its 
economic bearing upon industrial development. True it is, 
its great commercial value should not be lost sight of for 
it was a magnificent empire within itself. It contained 265,878 
square miles of territory or 170,000,000 acres — a larger area of 
land than that of the entire German Empire, or the Republic 
of France. It was regarded even as early as the American 
Revolution as being fully adequate in value to the total cost 
of that war. Of it commercially, it has been well said, "Tri- 
angular in form, its sides are washed by about 3,000 miles of 
navigable water, the great lakes, one of which reaches its very 
center, contains nearly one half of the fresh water of the globe. 
The volume of the waters of the Mississippi is equal to that of 
three Ganges, of nine Rhones, twenty seven Seines, eighty Ti- 
bers, or of all the rivers of Europe exclusive of the Volga. 
The Ohio, 1,000 miles in length, is one of the largest affluents 
of the Mississippi. The rivers flowing to these three water 
ways render every part of the interior of the Northwest easily 
accessible ; and some of them, as the Wabash, Illinois and the 
Wisconsin, are small streams only because they appear in such 
noble company. 1 

Such are the exceptional resources enjoyed by the splendid 
domain, which through the influence of Maryland passed to 
the new Confederation and out of which has since been carved 
the states of Ohio, Illinois, Indiana, Wisconsin, Michigan and 
the greater part of Minnesota, that important galaxy in the 
sisterhood of American commonwealths. 

One of the first things which it accomplished was to avert 
that fearful inequality both in territory and in resources be- 
tween the claimant and the non-claimant states, and which as 
plainly pointed out by Maryland, would mean inevitably that 
the smaller states would not only be drained of their popula- 
tion and their wealth, but would so far sink in importance 
in the scale of the confederacy as to leave them absolutely under 
the domination and at the mercy of the larger states. 

But the higher and greater importance of this acquisition 
lay in the fact that it led directly to the formation of the Fed- 

1 Hinsdale, p. 270. 



3 io COLONIAL MARYLAND 

eral Union, furnished the foundation for a constitutional gov- 
ernment and thus became the key stone in the great archway of 
the American Republic. 

Upon the acquisition of this national commonwealth — the 
domain in which all of the thirteen states had a common in- 
terest — it became necessary that a territorial government be 
promptly provided for it. This was done by the ordinance 
of 1786, and as amended and strengthened by that of 1787, 
by which the territory was brought under the immediate jur- 
isdiction and control of the Confederation. This was the - 
first time the United States had ever exercised the right of 
sovereignty in the form of eminent domain. It was, indeed, 
the first subject matter it ever had the right to exercise it 
upon, for it had no such power over the Confederated States 
and the western territory was the only domain it owned. It 
was this question of national jurisdiction — this right of eminent 
domain — as the basis of national sovereignty for which Mary- 
land made her determined and successful fight. But for 
this, the struggle might have been a much shorter and easier 
one, for while Maryland was the only state that voted for her 
resolution when it was first introduced in the Continental Con- 
gress, Delaware, New Jersey and Rhode Island were soon 
ready to support it, except upon the question of national juris- 
diction. Those states, particularly New Jersey and Rhode 
Island, wanted the territory vested in the new Confederation, 
but they urged that jurisdiction over it be exercised by the 
respective states ceding it. The significance of Maryland's 
position becomes more apparent as its results are more closely 
followed out. Now that the new Confederation had a common- 
wealth — a folk land or territory belonging to the whole com- 
munity — Washington was impressed with the extreme impor- 
tance of establishing domestic and commercial relations with it. 
The East and the West he says, "must be cemented together 
by interests in common, otherwise they will break asunder. 
Without commercial intercourse, they will cease to understand 
each other and will thus be ripe for disagreement. It is easy 
for mental habits as well as merchandise to glide down stream, 



THE WESTERN RESERVE 311 

and the connection of the settlers beyond the mountains would 
all center in New Orleans, which is in the hands of a foreign 
and hostile power. No one can tell what complications may 
arise from this. Let us bind these people to us by a chain 
that can never be broken", and to that end he at once began 
to bend his energies. 

It should at this point be remembered, that the Articles 
of Confederation had been proven ineffective and utterly inad- 
equate, with the result that the states were rapidly drifting apart. 
Formulated amid the vicissitudes and excitement of war, they did 
not as a constitution measure up to a high state of efficiency, 
however strong as a bond for mutual defense of the states 
against internal or external invasion. Under them the Con- 
federation had no power to levy taxes, lay customs or duties 
on imports, or indeed raise money in any way, except by requi- 
sition upon the states and which it had no power whatever 
to enforce. It had no power to regulate commerce between 
the states and as a consequence, the states, in attempting to 
regulate it as between themselves, had been so influenced by 
selfish and petty local interests and so actuated by the spirit of 
retaliation as to bring about a state of commercial distress 
almost bordering upon anarchy. Worst of all, these and many 
other of its elements of inherent weakness could not be reme- 
died by amendment, except by the unanimous consent of the 
thirteen Confederated states, which, of course, was a practical 
impossibility, with the aversion on the part of the states at that 
early date, to delegate powers. 

Such were some of the conditions existing at the time 
Washington assumed the task of providing a means of bind- 
ing together "by a chain that can never be broken" the 
old states of the East and new commonwealth of the West. 
The plan he worked out was to extend the navigation of 
the Potomac far enough to make the East and the West 
more easily accessible. To do this it was necessary for 
Maryland and Virginia to co-operate in the movement. He 
suggested that commissioners from the two states be ap- 
pointed to meet in Alexandria. Early in 1785 this was done, 
though the meeting seems to have been at Mount Vernon 



3 i2 COLONIAL MARYLAND 

rather than in Alexandria. During the conference Washington 
suggested that, in addition to considering a waterway or a 
roadway between the East and the West, the two states also 
agree upon a system of commercial relations between them and 
which Congress had no power to regulate. The result of this 
conference was referred to the Legislature of the two states 
and was duly ratified. Maryland in communicating her action 
to Virginia, suggested that, as the scheme of ^navigation "con- 
template connecting the headwaters of the Potomac with the 
waters of the Ohio", it would be necessary to bring Pennsyl- 
vania into the Conference, and as a canal should be built to 
connect the Chesapeake with the Delaware Bay, the state of 
Delaware should also be invited. And if, in addition to the 
question of "navigation", that of commerce between some of 
the states was to be considered, why not invite all of the thir- 
teen states into a joint conference and take up as well the ques- 
tion of a uniform system of imports and duties. Virginia 
at once responded by passing a resolution that commissioners 
from all the states be appointed for this meeting, to discuss "the 
best method of securing a uniform treatment of commercial 
questions". The invitation was issued by the Governor of Vir- 
ginia to meet on the first Monday of September, 1786, at the 
city of Annapolis. Curious as it may seem, when it was time 
for the conference to be held, it was found that Maryland had 
neglected to appoint her commissioners, as had Georgia, South 
Carolina and Connecticut, and those appointed from Massachu- 
setts, New Hampshire, Rhode Island and North Carolina did 
not attend. Representatives from Virginia, Pennsylvania, New 
Jersey and New York only were present and with but five 
states to discuss the questions, it was deemed best to defer 
action upon them and call another meeting. They accordingly 
adopted a resolution to be sent to all the states urging that com- 
missioners be appointed to meet in Philadelphia on the second 
Monday of May, 1787, to "devise such further provisions 
as shall appear to them necessary to render the Constitution 
of the Federal Government adequate to the exigencies of the 
Union". Virginia took the initiative step and appointed among 
her delegates to the convention, George Washington, which 



THE WESTERN RESERVE 313 

gave immediate impetus to the movement. When the second 
Monday of May, 1787, took its position in the calendar of time, 
the delegates from all the thirteen states (except Rhode Island) 
were at their posts and prepared to set aside the old Articles 
of Confederation, no longer of force and value, and to formu- 
late in its stead, what has been aptly described as "The most 
wonderful work ever struck off in a given time by the brain 
and purpose of man" — the American Constitution. Big oaks 
from little acorns grow, and thus it was. At first it was only 
a meeting of commissioners from two states to discuss the 
navigation of the upper Potomac and its connection with the 
Ohio, as a means of cementing more closely the East and the 
West. This led to a discussion as to better commercial rela- 
tions between states, and later to the .suggestion that a uniform 
system be also considered and that all the states be invited 
to send commissioners to the Annapolis meeting, and the 
latter resulting in a call for another convention to discuss 
these and other matters important to and bearing upon the 
public interest, and which proved to be that powerful assem- 
bly of constructive statesmen — the Federal Convention of 
1787. 

It is not intimated that Maryland foresaw the Federal 
Constitution as one of the far-reaching results of her policy 
upon the land question. Such colossal monuments to the power 
and wisdom of statesmanship are usually the result of gradual 
development, and while the convention of 1787 stands in bold 
relief as an exception to this rule, it is nowhere in evidence 
that such a masterpiece of constructive workmanship in state 
craft was contemplated by Maryland even on the date of the 
convening of the convention. But the fact remains, that it 
was Maryland that first suggested 'national control of and 
national sovereignty over the Northwest territory and that 
it was her persistent and unfailing efforts that brought it to 
the Confederation ; that the Federal Convention was the direct 
outgrowth of the plans of Washington to bind by a "chain that 
can never be broken" that commonwealth to the union to 
which it belonged, and that thus it became the keystone in the 
great archwav of the American Constitutional Government. 



314 COLONIAL MARYLAND 

It was the first commonwealth which came to the union of 
states ; it was the basis for the first exercise by that union 
of states of national sovereignty, in the form of eminent domain 
and its industrial development and the desire to irrevocably 
cement it to that union of states, furnished the reasons for the 
first steps which led to the Federal Convention, and the dis- 
tinction for preparing the way for it, belongs to Maryland, 
and to Maryland alone. 

Authorities : Journals of Continental Congress ; Acts of Maryland 
Legislature; Washington Crawford Letters; Herbert B. Adams' Mary- 
land's Influence in founding the National Commonwealth ; John Fiske's 
The Critical Period. 



CHAPTER XV 
Chronicles of Saint Mary's County 



AS the oldest County organization in the State; as the place 
of first landing of the Maryland Colony; as the seat 
of Maryland's first provincial capital ; as the theatre of her 
infant struggles, and the cradle of her civil and religious liberty, 
the colonial history of Saint Mary's County is vested with 
peculiar interest and special inspiration. 

That the colonists landed there amid enthusiastic admira- 
tion of that section of the country, may well be understood, 
for it presented to them a profile of forest and plain, of hill and 
dale, traversed by bold, deep and picturesque rivers, bays and 
tide water tributaries, with high rugged banks and gently slop- 
ing shores, combining a variety and richness of scenery, prob- 
ably the finest in Maryland and perhaps nowhere surpassed. 

It was not, however, the fact alone that Saint Mary's was 
thus "graced by the natural beauties of God's own handi- 
work", which gave it the distinction of having been selected 
as the seat of the Maryland settlement but it was due also to 
its superior commercial position, connected as it is by the noble 
Chesapeake, the broad Potomac and the majestic Patuxent 
with so large an area of inland country, and by the same 
waters with the world which lay beyond the ocean. 

The Chesapeake bay and its tributaries gave to the people 
of tide-water Maryland, it has been well said by an eminent 
historian, 1 "a facility of communication with one another and 
with the outside world not possessed by any other colony on 
the continent * * The bay was to the early colonists of Mary- 
land, much more than the railroad is to the present settler in 
the western wilderness ; and from the first they regarded it as 

1 Scharf, 2, pp. 2, 3, 4. 



3 i6 COLONIAL MARYLAND 

the most valuable private possession of the Province. They 
traded and travelled on it, fought and frolicked on it, and its 
inlets and estuaries were so numerous and so accommodating, 
that nearly every planter had navigable salt water within a 
rifle's shot of his front door * * * * In the colonial times, 
the planter had the still further advantage that the ships 
that brought out his supplies from Bristol and London, and 
took his tobacco in exchange, anchored, so to speak, within 
sight of his tobacco-houses, and the same barges and lighters 
which carried his tobacco hogsheads to the ship, returned 
freighted with his groceries and osnaburgs, with the things 
which were needed to supply his cellar and pantry, and his 
wife's kitchen and work basket. * * * * It was this free, 
open, safe and pleasant navigation of the Chesapeake and its 
many inlets, which not only gave to the people a freedom and 
facility of intercourse not enjoyed by any other agricultural 
community, but shaped their manners and regulated their 
customs to an extent which it is difficult to exaggerate". 

They furnished too the means of a luxurious and indepen- 
dent living, and one, which to all was "as free as grace", for 
they were alive with innumerable water-fowl and shell fish. 
"Every point that jutted out was an oyster bar, where the 
most delicious bivalves known to the epicure might be had for 
the taking. Every cove and every mat of seaweed in all the 
channels abounded in crabs, which shedding five months in 
every year, yielded the delicate soft crab, and at any point on 
salt water, it was only necessary to dig along shore in order to 
bring forth as many soft shell clams, as one needed. They 
abounded also "in an almost incalculable number and variety 
of water fowl, from the lordly swan and the heavy goose to the 
wee fat dipper". While there is "no evidence earlier than 
the beginning of the present century that the diamond-back 
terrapin was appreciated, the more famous canvas-back duck 
certainly was known, and its qualities appreciated at a much 
earlier date". They were filled too with the finny denizens 
"and these, as was the case with both the flora and farma o> 
the State generally, embraced northern and southern species 



SAINT MARY'S COUNTY 



3i7 



at once. The bass and the blue fish did not exclude the pom- 
pano and the bonito ; the shad and the sturgeon on their 
journey to fresh water, met the cat-fish and the perch ; and the 
cost of a weir, or the trouble of staking out a net, was repaid 
to planters all the year round in a full supply of the most 
delicate sorts of table fish". 1 

It was this land of rich topography, delightful streams, 
and hospitable estuaries, that the Maryland colony selected, 
as the place of "peace and hope", where "conscience might 
find breathing room", and where the foundations of a com- 
monwealth might be securely laid. 

The name first bestowed upon the territory which Gover- 
nor Calvert purchased of the Yaocomico Indians, (for the 
details of which see chapter on The Landing), and which, for 
several years constituted the whole district settled by the 
Maryland Colonists, was called "Augusta Carolina" 2 — a name 
presumably given in honor of King Charles. 3 

The district was thirty miles" long, and was embraced 
within the present limits of Saint Mary's County. It did not 
however, long retain that name, though just when, or by what 
authority it was changed, the records do not show. As late 
as September, 1635, it was still called "Augusta Carolina", 3 
but in January, 1637, the same territory was officially denom- 
inated "Saint Maries County", the name it, with additional 
domain, has ever since retained. 

For sixteen years after the colonization of Maryland, there 
were but two civil divisions in the Province — Kent and Saint 
Mary's — the former embracing the entire settlement on the 
Eastern, and the latter, the entire settlement on the Western 
Shore. These limits were not curtailed until April, 1650, 
when Anne Arundel County — "all that part of the Province 
over against the Isle of Kent" — was enacted. 7 

1 Ibid. 2 Relatio Itineris. 

3 It was Baltimore's desire to call Maryland Carolina, but was 
prevented by the fact, that the territory lying south of Virginia, had 
in 1629, been patented to Sir Robert Heath under that name. 

4 Ibid. 5 Will of Wm. Smith, 1635. 
'Archives (Pro. CI. 1637) 61. 7 McMahon 80; old Kent, Act, 1650. 



3 i8 COLONIAL MARYLAND 

In November of the same year, another County was formed 
out of Saint Mary's, with the following bounds: "beginning 
at Susquehannah Point (near the mouth of the Patuxent) 
and extending from thence southward into the middle of the 
woods towards Saint Mary's (City) ; thence westward along 
the middle of the woods, between the Patuxent and Potomac 
Rivers, (near the Three Notched Road), as far up as Mata- 
pania (creek) toward the head of the Patuxent, and from 
thence eastward along the river side to said Susquehannah 
Point". It was called Charles County, and Robert Brooke, 
Esq., of "De La Brooke", was made its commander. 1 

In September 1653, however, Robert Brooke, having 
actively associated himself with the Cromwell Party in Mary- 
land, as against the Proprietary, serving in the capacity of 
President of its Council and State, and thus, as acting Gover- 
nor of the Province, was deposed by Baltimore as Commander 
of this County, 2 and soon thereafter, the order under which 
the County had been erected, was also annulled. The latter 
Act, was by order of Governor Stone and the Council, dated 
July, 1654, and, while making void the order under which 
Charles County had been formed, provided also that a new 
County should be erected in its stead, embracing all of the 
former County with additional territory. 

It was called Calvert County, and lay on both sides of the 
Patuxent, that part on the north side of the river being sepa- 
rated from Anne Arundel by a line from "Herring Creek" to 
the "head of the Patuxent", and the part on the south side 
of the river being separated from Saint Mary's by "Pyne Hill 
River or Creek to the head thereof, and from thence through 
the woods to the head of the Patuxent", which says the order 
constitute the northerly bound of Saint Mary's County. 3 

"Pyne Hill River or Creek", which thus partly separated 
Saint Mary's and Calvert, and which continued such dividing 
line for nearly half a century, empties into the Chesapeake Bay 
about three miles below "Cedar Point", its source or head 

1 Archives (Pro. CI. 1650) 260. 

2 Bozman, pp. 442, 499. 3 Archives (Pro. CI. 1654) p. 308. 



SAINT MARY'S COUNTY 319 

being westerly, and near Jarboesville on the Three Notched 
Road. It is no longer navigable, and though it retained for 
many years its original name, it has long since lost its identity 
as a river, and is now known as "Mill Run" except at its 
mouth, when it bears the name of Piney Creek". 1 

The question of the location of this stream has been one 
upon which historians have bestowed no little labor and in- 
dulged in much speculation, among them the careful and pains- 
taking Bozman, who, owing to the change in its name as well 
as in its character, was unable to locate it, and suggested that 
the "Pyne Hill River" referred to in the order of July, 1654, 
was Piney Creek which empties into the Eastern Branch of the 
Potomac, near Washington City — a physical impossibility, 
apart from the fact that the records clearly indicate that the 
Eastern Branch had not at that early day been explored, and 
hence that its tributaries had not been named. 

In October, 1654, the name of Calvert was changed by 
Cromwell's Commissioners to Patuxent County, which it con- 
tinued to bear until 1658, when Baltimore's government was 
re-established, and its former name restored. 2 

In October, 1658, another County was carved out of Saint 
Mary's. It was called Charles (still so known), and was 
embraced within the following indefinite bounds: "the river 
Wicomico to its head, and from the mouth of that river up the 
Potomac as high as the settlements extends, and thence to the 
head of Wicomico". 3 

This limited Saint Mary's County to the territory lying 
between the Chesapeake Bay and the Calvert line on the one 
side, and the Potomac and Wicomico Rivers on the other, and 
extending from Point Lookout up the country indefinitely, 
except that which was embraced within the limits of Charles, 

1 See Patents for "Smith's Discovery" to Richard Smith, March 9, 
1705. 'This tract of land borders on the stream referred to in the text 
(Mill Run), and which is designated in the patent, as "the main branch 
of Pine Hill River or Creek." 

"McMahon, p. 86. 

3 Liber, P. C. R. pp. 52, 54, Maryland Historical Society. Scharf, 2, 
p. 271 ; McMahon, 87. 



3 2o COLONIAL MARYLAND 

Calvert and Anne Arundel. And thus its boundaries continued, 
until 1695, when the territory lying above Matawoman Creek 
and Swanson Creek was erected into a new County, called 
Prince George; that part of Calvert lying on the south side 
of the Patuxent River, as far up as Indian Creek, was re- 
turned to Saint Mary's, and that part of Saint Mary's and 
Calvert lying north westerly of Buds Creek and Indian Creek, 
was given to Charles. 1 

By this Act, the present boundaries of Saint Mary's County 
were thus specifically defined: "Saint Mary's County shall 
begin at point Lookout and extend up the Potomac River 
(and Wicomico) to the lower side of Bud's Creek, and so over 
by a straight line drawn from the head of the main branch of 
the said Bud's Creek to the head of Indian Creek in the Patux- 
ent River, including all that land lying between the Patuxent 
and Potomac Rivers, from the lower side of said two creeks 
and branches by the line aforesaid, and by Point Lookout".* 

The first civil divisions of Saint Mary's County were 
denominated hundreds. There were erected from time to time, 
as the increase of population and the development of the differ- 
ent section of the County demanded. In 1637, there were 
two hundreds in the County. Saint Mary's, which included 
the town and vicinity of Saint Mary's, and Saint Georges, 3 
which embraced the settlement on the opposite side of the river 
— a district of country still bearing the same name. Mattapany, 
the settlement on the lower Patuxent, was not sufficiently 
numerous at that time for an hundred, and yet was recognized 
as a distinct legal division.* In 1638, however, it became an 
hundred, and the same year, Saint Michaels hundred, extending 
from Saint Inigoes Creek to Point Lookout, was also erected. 
In 1639, Saint Clements hundred, embracing the neck lying be- 
tween Saint Clements Bay and the Wicomico River, was 
formed. Newtown hundred, lying between Saint Clement's 
Bay and Bretton's Bay, was referred to, apparently for the 
first time, in 1646 ; Saint Inigoes hundred, carved out of Saint 

1 Act, 1695, C. 13. 2 Act, 1695, C. 13; McMahon, p. 81. 

3 Archives (Pro. CI. 1637) p. 59. 4 Ibid (Pro. Ass. 1637) P- 2. 



SAINT MARY'S COUNTY 321 

Michael's, and lying between Saint Inigoes Creek and Trinity 
(Smith's) Creek, in 1649; Chaptico hundred, embracing the 
north western extremity of the County in 1688; Resurrection 
and Harvey hundreds, and the Patuxent settlement, were 
in Calvert County until 1695, when they were annexed to 
Saint Mary's. 1 

In 1777, the County contained the following hundreds: 
Saint Michaels, Saint Inigoe's, Saint Mary's, Poplar Hill, 
Saint George's, New Town, Saint Clement's, Chaptico, Harvey, 
Lower Resurrection and Upper Resurrection. 2 These early 
political divisions each had a Conservator of the Peace and 
high Constable, and until 1659, every hundred was entitled to 
representation in the General Assembly. 3 In many respects 
they bore close analogy to the system of civil divisions now 
known as Election Districts, by which they were superseded. 
The latter system had its origin under the Act of 1798.* The 
Commissioners appointed to execute it for Saint Mary's County 
were Messrs. George Plater, Henry Gardiner, Charles Chilton, 
Richard Watts and Ben j amine Williams, 5 who in July, 1799, 
divided the County into three districts, Chaptico, Leonard- 
Town and Saint Inigoe's. 8 

The first levy for Saint Mary's County was made in 
June, 1648. 7 It was made by a general meeting of the free- 
men of the County, and is the first instance on record in 
which County charges were levied in Maryland separately and 
distinctly from the general or provincial charges. The record 
of this meeting is as follows : "This day the ffreemen of the 
County of Saint Marie's mett together at the Govrs to advise 
touching the levy of the charges incurred this prt yeare 
and determined by the Govr and Councill on the 9th Octobr 

Archives (Ass. Pro. 1st) pp. 28, 259; Ibid (Pro. CI. 1st) pp. 89. 
177; Ibid, (Pro. CI. 3rd) p. 50; Act, 1795, C. 13- 

'Journal House Representatives, 1777. 3 McMahon, p. 465. 

* Act, 1798, C. 115. 5 Act, 1799, C. 50. ° Ibid. 

7 In 1694, the Council ordered colors for horse foot and dragoon in 
the several counties as follows: Saint Mary's, red; Kent, blue; Anne 
Arundel, white; Calvert, yellow; Charles, bronze; Baltimore, green; 
Talbot, purple; Somerset, jack flag; Dorchester, buff; Cecil, crimson. 



322 COLONIAL MARYLAND 

last to be levyed out of the County. The whole charges 
amonnting to 7752 lbs. of Tob and Cask. The ffreemen allege 
tht the charges for impresonment of the Indians is unduly laid 
upon the County; but alleged not anything material for it. 
Whereuppon the Govr found noe reason to alter his former 
order sett downe by the Govr and Coumcill as above. As con- 
cerning the manner of leveying the sd charges, the ffreemen 
unanimously agreed and concluded tht it should be leveyed 
upon all tytheable psons inhabts of St. Marie's County equally 
pr head tht were residing in the County from the 10th day of 
June last, wch resultieth in 55! Tob. June 14th, 1648". 1 

This appears to be the only instance in the history of the 
Province in which a County levy was made by a general meet- 
ing of the freemen. In 1650, delegates were elected from the 
several hundreds of the County for that purpose — a system 
which continued until 1704, when the duty of "laying the 
County levy" devolved upon the Justices of the County 
Court, 8 and subsequently, upon the tribunal known as the 
"Levy Court". 

The average value of land in Saint Mary's County in 
1785, as established by General Assembly for purposes of 
assessment, was 24 shillings and 9 pence per acre, the fourth 
highest valuation in the State. 3 

The first County Seat of Saint Mary's, was Saint Mary's, 
City and in 1695, it was provided that the County Courts and 
records should be held and kept "forever hereafter in the 
State House in the City of Saint Mary's". 4 

In 1708, however, the Legislature ordered a town to be 
laid out at "Sheppards Old Fields", near the head of Bretton's 
Bay, a Court House to be erected, and the County Court of 
Saint Mary's County thereafter to be held there. 5 "Sheppards 
Old Fields" then belonged to Philip Lynes. Commissioners 
were appointed and directed to purchase fifty acres of it for 
the use of said town, and to lay the same out into one 

'Archives (Ass. Pro. 1648) 231. 2 Act, 1704, C. 34. 

3 Act, 1785, C. 53- * Act > l6 95, C. 13- 

s Act. 1708, C. 3. 



SAINT MARY'S COUNTY 323 

hundred lots. It was first called ''Seymour Town" — a com- 
pliment, presumably, to the then Governor, John Seymour. 

In 1728, the Legislature, after reciting the fact, that the 
laying out of the town, as provided by the former Act, had 
not been completed, appointed new commissioners to do so. 
They were directed "to purchase, by agreement, or valuation 
of a jury, fifty acres of land adjacent to the place where Saint 
Mary's County Court House now stands, and to cause the 
same to be surveyed and laid out for a town, into eighty lots, 
with convenient streets, lanes, etc.," without prejudice to the 
lots already there, or to the buildings and improvements of the 
heirs at law of Thomas Cooper. They were also directed to 
expose the lots for sale, giving the owner of the land his 
choice for two lots, and limiting the sale of the rest to one lot 
to each individual, and restricting, also, for the first four 
months, the sales to inhabitants of Saint Mary's County. The 
purchaser of every lot was to consent to erect thereon, within 
twelve months, a house covering at least four hundred square 
feet, with brick or stone chimneys. The proceeds of the sales 
were to go to "the public use and benefit of the town" ; every 
lot was to be sold subject to a quit rent to Lord Baltimore of 
one penny per annum, and the lots remaining unsold at the 
end of seven years were to revert to the owner of the land. 1 
By this Act also, all writs issued by the Court were to be made 
returnable there, and the name was changed to Leonard-Town 
— the name it still retains — in honor of Benedict Leonard Cal- 
vert, the then Governor of Maryland. 

In 1730, Mr. Thomas Spalding, who is referred to as 
the then owner of the land, was granted permission by Act 
of Assembly, to use the lots not taken up, but not to remove 
any of the boundary posts. It appearing also, that the deed 
for "the part of one acre of land" known as the "Court House 
Lot", and which had been given to the County by Mr. Philip 
Lynes, had not, through neglect of the clerk, been placed upon 
record, "though three of the bound posts are still standing and 

a Act, 1728, C. 16. 2 Ibid. 



3 2 4 COLONIAL MARYLAND 

the place of the other well known", special provision was made 
by this Act for curing - the defect and vesting "the title to the 
said lot in the Justices of Saint Mary's County to the use of 
said County forever". 1 

The County Surveyor was by the same Act directed to 
"make a fair plat of Leonard-Town" to be subscribed by the 
Commissioners and recorded among the land records of the 
County. The records have perished, but the map has been 
preserved, 2 of which the annexed illustration is a copy. This 
is believed to be one of the oldest maps extant of any existing 
town in Maryland, the first map of Annapolis having been 
lost, it is said, and the first one of Baltimore City being of 
about the same date (1730) as that of Leonard- Town. On 
the back of this map, and inscribed by its maker, is the list 
of persons who had purchased lots in the town, presumably 
between 1728, when it was laid out, and 1730, when the map 
was made. 

This indicates, that, while a number of lots had been 
purchased, there was in the town at that time, besides the 
Court House, and the houses of Col. Greenfield and Mr. Brice, 
but one other building — the storehouse of Mr. Nicholas Lowe, 
standing on lots Nos. 41 and 42, though it likewise indicates, 
that all the other lots which had been taken up were then being 
built upon, except lot No. 39, property of Jno. Stewart. 

The first Court House at Leonard- Town was built between 
1708 and 1710. It was completed by the latter date, and was 
referred to by the General Assembly of that year, as the "new 
Court House built at Seymour Town, otherwise Sheppards 
Old Fields". 3 

In 1736, it was pulled down, and a new brick building was 
erected on the same site. 4 This building, well remembered by 
many persons still living, and said to have been a capacious, 
well proportioned and stately structure, stood until March, 
183 1, when it was destroyed by fire, and was replaced by the 
present Court House. The first County Jail in Leonard-Town 

'Act, 1730, C. 5. 

2 It is now in the possession of Mr. Francis V. King. 

3 Act, 1710, C. 6. 4 Act, 1636, C. 14. 



SAINT MARY'S COUNTY 



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was built under the Act of 1737/ 
which authorized the Justices of the 
county to purchase the necessary 
ground for the same. 

In 1799, the Jail was reported 
in a "ruinous condition, and unfit 
for use", and it was ordered to 
either be repaired or pulled down 
and rebuilt, the cost not to exceed 
two thousand dollars. 3 The latter 
course, it appears was adopted. 

An ancient land-mark of the 
original town, and still well remem- 
bered, was the quaint little build- 
ing known as the "Old Brick Of- 
fice", which, before the present 
Court House was built, was, it is 
said, the County Clerk's Office, and 
the Office of the Register of Wills. 
In recent years, when 
the main avenue of 
the town was wid- 
ened, the "Old Brick 
Office" was left stand- 
ing in the middle of 
the street, thus mak- 
ing its removal ap- 
parently necessary. It 
was shortly afterward 
pulled down, and the 
material used, it is 
said, in the construc- 
tion of the present County Jail. 
It stood in front of "Moore's 



Act, 1737, C. 6. 



Act, 1799, C. 51. 



326 COLONIAL MARYLAND 

Hotel", on a site now partly covered with locust trees and still 
perfectly discernible. 

The Saint Mary's County "Alms House" was erected 
under the Act of 1773. A levy, not exceeding 15 lbs. of 
tobacco per poll, for three years, was ordered to be made for 
the purpose, and Messrs. George Plater, Abraham Barnes, 
Zachary Bond, John Reeder, and James Jordan, the incorpo- 
rators, were directed to purchase one hundred acres of land as 
near Leonard-Town as it could be advantageously obtained, 
have the necessary buildings erected and furnished, and to 
appoint an overseer ; the general management of the institu- 
tion to remain under their supervision. 1 Having purchased 
the land (located about three miles below Leonard-Town), the 
trustees advertised to meet on September 226., 1774, at Francis 
Smith's, in Leonard-Town, to receive bids for putting up the 
building. 2 

The other places associated with the early annals of Saint 
Mary's County, and which were denominated "Towns", were: 
"Harvey Town", on the Patuxent, at Town Creek; "Saint 
Joseph's Town", on the Patuxent, at Abbington Creek; "Saint 
Jerome's Town", on Saint Jerome's Creek; "New Town", 
between Saint Clement's Bay and Bretton's Bay; "Saint Clem- 
ent's Town", at the head of Saint Clement's Bay, and "Wicom- 
ico Town", on the Wicomico River, between White Point 
(Island) and Bluff Point. 3 

These towns were named and ordered to be erected by 
the Legislature, which also provided for the purchase of one 
hundred acres of land for each of them and the appointment 
of Commissioners to lay them out, etc. The situation of each 
of them was eligible, but like most of the "paper towns" of 
Maryland of that day, they never exceeded a small aggrega- 
tion of houses, and have so far perished and passed away, 
that, with a few exceptions, even the site of their location is 
not to-day susceptible of identification. 

'Act, 1773, C. 18. 

2 Maryland Gazette, September, 1774. 

3 Acts, 1683, C. 2; 1684, C. 2; 1688, C. 6; 1706, C. 14; Report of 
Sheriff, 1698. 



SAINT MARY'S COUNTY 327 

"Lowentown" was the name of a section of country rather 
than a town, and was that which lay between Trinity Creek 
and Point Lookout, including the village known as "Tall 
Pine". It is said that Saint Mary's City was expected to de- 
velop into a town of "magnificent proportions", and to extend 
down to the lower part of the county; hence the name — a 
corruption of lower end of the town. 1 

Chaptico, or Choptico as it was first called, enjoys the 
distinction of being the oldest "village", except Saint Mary's 
City, in the County. Reference to it is found as early as 
1652. 2 Chaptico had the honor of a visit from Governor 
Calvert in 1663, 3 and is otherwise noted in the early annals of 
Maryland, as the place at which the soldiers were mustered in, 
and the army organized for the "Protestant Revolution" in 
Maryland, and which, in July, 1689, 4 resulted in the capture 
of the provincial capital, the overthrow of the Proprietary and 
the establishment of a royal government in the Province." 

In a letter from the Council of Safety of Maryland, of 
June 13th, 1778, to Captain Bennett Matthews, he is directed 
to proceed with his galley to Chaptico warehouse and receive 
of Captain John Thomas, who lived within a mile of it, the pro- 
visions that he has purchased * * If the galley will take 
more than Captain Thomas has, take so much of the Conti- 
nental provision at Llewellyn's warehouse (at Brambly) as 
will make up your load. You are then to proceed to the head 
of the Elk with the provisions as soon as you can. 8 

The "Queen Tree", situated on the Patuxent River, near 
Forrest's wharf was also a Colonial village of very early 
date, and of no inconsiderable importance. It has long since 
disappeared, except in name, but the estate on which it stood 

1 Allen Papers, in Whittingham Library. 

2 Archives (CI. Pro. 1652) p. 293. 

3 Ibid, Ass. Pro. 1663, p. 474- 4 Ibid, CI. Pro. 1689, p. 121. 

6 In 1660, the King of Chaptico was indicted by the Court Leet of 
Saint Clement's Manor for stealing hogs. Deeming it however, incon- 
sistant with his official standing to try the case in a Court Leet, it was 
referred to "ye Hon^e ye Gov r ", (Saint Clement's Court Records). In 

"Journal of Correspondence of Council of Safety, 1778, p. 134. 



328 COLONIAL MARYLAND 

is still called the "Queen Tree Farm". As late as 1774, it 
was still a "trading post", and the place where public sales 
of property in the neighborhood were usually conducted. 1 A 
few miles below, on the Three Notched Road, was the old 
"wayside inn", known as "Floyd's". It was standing in 
1813/ and the place of its location still bears the name. 

The following are the ports or places of entry in Saint 
Mary's County, established from time to time, by Act of 
Assembly, and where all imported goods and wares coming to 
the County, were required to be unloaded, and all tobacco and 
other commodities to be exported had to be taken for inspec- 
tion and payment of export duty: Saint Mary's City; Saint 
Inigoes, on Stephen Milburn's land; Saint George's, on Gil- 
bert Mackey's land; Leonard-Town, on Abrahams Barnes' 
land; New Town, on William Bretton's land; Bretton's Bay, 
on John Bailey's land; Wicomico River, on John Llewellin's 
land ; Indian Town, on his Lordships Manor ; Chaptico, on 
Philip Keys land ; Westwood, on Thomas Gerrards land ; Piles 
Fresh, on Joseph Piles land; (the two latter in Saint Mary's 
County until 1695) Hamburg, on Philip Keys land; Cole's 
Creek, on the Patuxent, Mr. Cole's land; Harvey Town, on 
Town Creek, on Hugh Hopewell's land, and Saint Joseph's, 
at Abbington Creek, on the Patuxent. 3 

The old brick "ware houses", which were erected at 
these ports, and which stood as monuments to the shipping 
trade of the past, for many years after they ceased to be used 

1688, complaint was made to Lord Baltimore by the King of Chaptico 
against Francis Knott and others, for "destroying the corn and beans of 
the Indians" and for "bringing strong drink into said Chaptico town." 
(Archives, CI. Pro. 53). The Chapticons was one of the six tribes of 
Indians that Lord Baltimore proposed to settle on Calverton Manor 
containing about 10,000 acres, but his plan of colonization appears to 
have proven entirely impracticable, as in 1692, a formal treaty was en- 
tered into between Governor Copley and "Tom Calvert, King of Chap- 
tico," defining the rights and privileges of the latter over his ancient 
domain. Bozman, 676; Archives (Pro. CI. 321.) As to this Manor, see 
chapters on The Land Tenure. 

1 Maryland Gazette. 

2 Griffith's Map of Maryland. 3 Bacon ; Hanson. 



SAINT MARY'S COUNTY 329 

for the purpose of their construction, have all yielded to the 
ravages of time and have passed away. Several of them, how- 
ever, were still standing - within the recollection of persons still 
living, among them, the one at Brambly on the Wicomico, at 
the warehouse farm in Saint Georges and at Town Creek on 
the Patuxent. 

The first public road in Saint Mary's County of which 
there is any record, is the one leading from Saint Mary's City 
to the Patuxent. It was called the "Mattapany Path", and 
was referred to as early as 1639. 1 In 1643 it was stated by 
Father Philip Fisher, the priest in charge at Saint Mary's, 
in a letter to his Provincial, that "a road by land through the 
forest has just been opened from Maryland to Virginia." 3 
This is interesting as showing the existence of a road however 
impossible to identify it from so scant a reference. In 1674, 
an Act was passed "for amending the ways out of Charles 
County into the City of Saint Mary's", and which, after 
reciting the fact that the crossing at the head of the Wicomico 
River had been rendered dangerous "since the building of the 
mill there", provided that the Counties of Charles and Saint 
Mary's should construct a highway "passable for horse and 
foote over such place of Zachiah swamp within two miles of 
said mill upward as shall seem most convenient". 3 The road 
thus referred to was probably the one which still leads from 
Charles County to Saint Mary's by way of Allen's Fresh, Chap- 
tico and Leonard-Town. An early reference is also made to 
a road leading from Saint Clement's Manor, by way of the 
"Wolf's Trap" and "Ironstone Hill" to Chaptico. It was 
called the "Chaptico Indian Path". 1 The road leading from 
Point Lookout to the northern extremity of the county was 
in use as early as 1692, and was then called the "Patux- 
ent main road". 5 In 1704, this, in common with certain other 
roads in the Province, was bv order of the General Assembly 6 



Patent to Mary Throughton, 1639, Liber, 1, p. 67. 
Neill's Maryland, p. 49- 'Archives (Ass. Pro. 1674) P- 408. 

Will, Luke Gardiner, 1703, Saint Mary's County. 
'Archives (CI. Pro. 1692) p. 475- * Ac t, 1704, C. 21. 



33o COLONIAL MARYLAND 

marked by having notches cut in the trees at stated intervals 
along- the road. The number of notches for this road, it being 
the one that led "to the Port of Annapolis", was three, 1 and 
from these primitive guide marks, some of which may still be 
seen — it was called the "Three Notched Road" the name it 
bears to-day. 

The first mail route established in Maryland was in 1695. 
It started at "Newton's Point upon Wicomico River" and 
extended by way of Allen's Mill", Benedict, Annapolis and 
Newcastle to Philadelphia. The post rider was John Perry, 
who received £50 per annum, and was required to make the 
round trip eight times a year. 2 It is stated that the system 
did not pay, and after the death of the first postman, in 1698, 
ceased to be carried on, and was not afterwards revived. 3 But 
that it was revived is proven by the fact that in 1773, Charles 
Lansdale had the contract for the mail route between Leonard- 
Town and Annapolis, and advertised to receive orders at the 
various stopping places for purchases on commission. 4 These 
places in Saint Mary's were James Jordan's, Wicomico and 
Chaptico. 5 

Prior to 1661, letters were sent in Maryland by private 
hand or special messenger, or were left at the nearest tavern 
or public house to be sent by the first conveyance which the 
landlord found available, but by Act of Assembly, of that 
year, 6 all "letters touching the public affairs" of the Prov- 
ince, were, "without delay, to be sent from house to house 
by the direct way, until they be safely delivered as directed". 
Each householder was required to start it to the next house, 
within half an hour after receiving it, under penalty of 100 lbs. 
of tobacco. 

In 1713, this curious system was abolished, and the duty 
devolved upon the Sheriffs of the several counties, who were 
required to "take care of all public letters and packets, and 
to expeditiously convey them, according to their respective 

x Ibid. 2 Journal U. H. 1695, p. 809; Scharf, 1, p. 361. 

3 McMahon, p. 266. 4 Maryland Gazette, April 14, 1773. 

5 Ibid. 6 Archives (Ass. Pro. 1661) p. 415. 



SAINT MARY'S COUNTY 331 

directions, to the Sheriff or Under Sheriff of the next adjacent 
county", 1 for which the Sheriff of Saint Mary's County re- 
ceived as compensation, 800 lbs. of tobacco. 2 

These Acts of Assembly, however, only applied to letters 
of a public character. For the conveyance of private letters, 
no provision was made until 1695, when the mail route before 
mentioned, was established; and, in 1713, 3 it was made, for 
the first time, a penal offense in Maryland, to open a letter 
without authority. 

Among the older land-marks in the county, are its "an- 
cient mill seats". Recognized as a public necessity, water 
mills, from an early date, were made in Maryland, the subject 
of special legislation, granting to the owner unusual privileges, 
and, at the same time, imposing wholesome restrictions upon 
them, among others the right to obtain through a Court of 
Chancery, ten acres of land on each side of the stream where 
the mill was to be located, and making it a misdemeanor to 
charge more toll than one-sixth for corn and one-eighth for 
wheat. 4 

Of the mills erected in Saint Mary's at an early date, the 
exact location of many of them is still perfectly discernible. 
Among them may be mentioned the mill on "Mill Creek", at 
St. Mary's City, and which was there as early as 1634; 
Dandy's mill, at Newtown, there before 1657 ; Lord Baltimore's 
mill, on "Gardiner's Creek", at Mattapany, there before 1690 ; 
the mill on "Tomakokin Creek", on Saint Clement's Manor, 
there before 1701 ; the mill at head of Saint Mary's River, at 
"Great Mills", there before 1728; Major Barnes' mill on 
"Bretton's Bay Run", above the "Plank Bridge", there be- 
fore 1748; Keys mill on "Saint Clement's Bay Run", there be- 
fore 1764; Bond's mill on "Chaptico Run", there before 1774: 
the "over shot water mill", at "Charlotte Hall", there before 
1775 ; Tubman's mill, at the head of "Trinity (Smith's) Creek", 
there before 1813. 5 Wind mills also, were not uncommon 

'Act, 1713, C. 2. 2 Ibid. 

3 Ibid. " Act - T 7°4. c - l6 - 

5 Relation of Maryland, 1635; Archives (Test. Pro. 1657) pp. 535, 
543; Archives (Pro. CI. 1690) 182; Will. John Coode; Will, Philip Key; 



332 COLONIAL MARYLAND 

in early Maryland. Several of these old relics, in appearance 
like watch towers, zealously guarding the past, were to be 
seen in Saint Mary's up to a very recent date. The last of 
them standing were at "New Town", "Saint Clement's Manor", 
and "Corn Field Harbor", but they, like their companions, 
have at last yielded to that ruthless plunderer — time. 1 

The first will probated in Saint Mary's County, was dated 

Will, Zack Bond; Act, 1748, C. 4; Maryland Gazette, September 15th, 
1774; Map, Maryland, 1813, Griffith. 

x On the road leading from Leonard-Town to Chaptico and about 
fifty yards above the "plank bridge" over the fresh of Bretton's Bay, 
was the old ford, or crossing place. A few rods west of the ford, and 
about the same distance from the bridge, on the east side of the road, 
stands a small house on a little hill, and which is known as "Gibbet 
Hill." It is said that the last execution there was of a negro man, for 
the murder of a lady and her two daughters. The scene of the tragedy 

was the residence , which stood on the Saint Joseph's branch of 

the same road, a short distance above Shanks' Mill, and about a quarter 
of a mile north of the "Maryland Spring." As the story is recorded, 
during the absence of his master, a negro man, Peter, believing that by 
the death of the family his freedom would be obtained, murdered his 
mistress and her two daughters, and when caught was lying in wait for 
his master, who was at Shanks' Mill, and his two sons who were at 
school, near by. After his trial and conviction, Peter was taken to "Gib- 
bet Hill" for execution. Tradition says that he was hung up in an iron 
cage, in front of the public road, and there left to die from starvation. 
It is also said that the screams of this starving criminal were so dis- 
tressing, that many persons refused to travel the road. The good 
sense of the community revolted at the inhumanity of such a method 
of punishment, and Peter, it is said, was the last criminal in Saint 
Mary's County who died on the Gibbet. — Saint Mary's, Beacon, Feb- 
ruary, 24th, 1853. There are many traditions in old Saint Mary's con- 
nected with the early settlement of the State, and with times of a later 
date, which if collected and published, would be of great interest. 
Hardly a neighborhood but has its old story to be recounted by some 
old dame of a past generation. The old people are passing away, and 
these old legends with them. It would be well, while yet time, for 
some lover of legendary lore to gather these old legends and preserve 
them from irretrievable loss. An Irving would have found in them rich 
material; and but for some humble chronicler that great "Wizard of 
the North" could not have given to the world his immortal master- 
pieces. — J. F. Morgan, in "St. Mary's Beacon." 



SAINT MARY'S COUNTY 



333 



September 22nd, 1635. The caption is as follows : "The last 
will and Testament of Mr. William Smith, made at Augusta 
Carolina, at Saint Mary's City, in Maryland, anno dmi 1635". 
The document indicates careful preparation, and strongly marks 
the religious faith of the testator, at that day not an uncom- 
mon custom. The clause making reference to this is as fol- 
lows: 

"And further I profess that I die a member of the Catholic 
Roman Church, out of wch there is noe salvation". As a 
counterpart to this, the will of Thomas Allen, made soon there- 
after, indicates very different religious convictions. It provides 
that the overseers of his will are not to allow his children "to 
live with a papist". In making further provision for his chil- 
dren, he directed, that, if his estate proved insufficient to main- 
tain them, and it should be necessary to put them out to work, 
they "should not be put to the mortar", or made "mortar boys", 
thus showing the hard labor attending the then common pro- 
cess of converting corn into meal and hominy. On the back 
of his will and of even date, he curiously requests that, should 
he "die suddenly, and the cause be not directly known, speedy 
inquiry be made, and that Nick and Marks, Irishmen, at Piny 
Neck, be questioned as suspicious persons to me best known". 
This singular feature of his will seems to have been the re-* 
suit of well founded apprehension, rather than a mere ex- 
centricity, since shortly afterward he was "found dead upon 
the sands by Point Lookout in Saint Nicholas Manor, badly 
shot and mutilated". 1 

As reflecting upon the interesting question of Colonial life, 
business pursuits, dress, furniture, etc., the early wills and 
inventories of Saint Mary's — an unbroken record from 1680 to 
the present time — are among the richest repositories of "his- 
toric lore" to be found in Maryland, and are of inestimable 
value. 

In the matter of dress — then a decided badge of rank and 
station in life — they furnished a ready key. The "cloth suit", 
"dimity suit", "mohair suit", "leathern suit", "hair skin suit", 

Archives (Pro. Ct. 1637) 403- 



334 COLONIAL MARYLAND 

"plush coats", silk and satin "waiscoats", dimity and velvet 
"waiscoats", silk "socks", Irish, Dutch and Holland "socks" ; 
silver, gold, cloth and leather "belts" ; silver and gold "knee" 
and "shoe* buckles" ; silver, gold and leather "hat bands"; hat 
"feathers" and "plumes" ; silk and worsted "hoods", "head 
cloths" and "scharfs"; "spangled peticoats"; tufted Holland 
peticoats ; "taffeta suits" ; "surge suits" ; "silk gloves" ; "buck- 
skin gloves" ; "signet rings" and "finger rings", are among the 
articles of wearing apparel used by men and women during 
the first fifty years of Colonial life in Saint Mary's. Later 
reference to "watches", and still later to "wigs", is to be 
found. 

In the matter of furniture, table appointments, etc., may 
be mentioned, the "parlor bed" ; "trundle bed" ; the "dresser" ; 
the "chest of drawers" ; the "looking glass" ; later the "peir 
glass" and still later the "chimney glass" ; silk and worsted 
"bed curtains" ; beds, pillows and boulsters with "conuise 
ticking" and filled with "feathers", "flock" or "cat tail" ; Dutch 
linen "sheets" and "napkins" ; "Holland Blankets" ; "dimity 
coverlets" ; "quilted coverlets" ; "Turkish rugs" ; "forms" ; 
"crickets"; "stools" and "chairs" (the latter not common); 
the "harpsicord" and "spinnet", the "joined dining table" ; brass 
and iron "and-irons" ; silver, brass and iron "candlesticks" ; 
"silver salvers" ; "iron knives" ; "silver knives" ; wooden 
"dishes" ; and "platters" ; the "silver sack cup" ; "sugar tank- 
ard" ; "tea tankard" ; "pewter plates" ; "pewter dishes" ; "pew- 
ter cups and saucers" ; "pewter salt sellers" ; "pewter spoons", 
and pewter household vessels of almost every description. It 
is worthy of note, that the reign of pewter in early Maryland 
was practically unbroken for the first forty years, when the 
silver service made its appearance, and still later, with the in- 
troduction of tea and coffee, came china cups and saucers, and 
soon full sets of porcelain table ware. Occasional references 
are to be found to the "sedan chair", the "bladen" and the 
"horse chair", but it curiously appears that neither the table 
fork or the plow are mentioned in the testamentary proceed- 



SAINT MARY'S COUNTY 335 

ings of Saint Mary's County during the first eighty years of 
its history. 

On the 3rd of December 1773, the Maryland Gazette pro- 
posed and published a plan for consolidating into one institu- 
tion the free schools of Southern Maryland, of which each 
County had one. 1 

The following year, a similar plan, but embracing only 
the Counties of Saint Mary's, Charles and Prince George, was 
urged upon the General Assembly of Maryland and passed 2 — 
the origin of Charlotte Hall. The Act provided for the sale 
of the lands and houses of the free schools in the three 
Counties, the proceeds to be added to the "sums of money 
which sundry persons have subscribed to further the com- 
mendable purpose", as well as the money then in the hands 
of the visitors of the free schools for said counties, and that 
with said several .sums of money, "one school be erected at the 
place commonly called the Cool Springs, in Saint Mary's 



1 The first general school system in Maryland was inaugurated un- 
der the Act of 1723, which provided for one school in each County; 
each school to be governed by a board of seven visitors, who were to 
purchase 100 acres of land as near the centre of their respective Coun- 
ties as practicable, and with due regard to the boarding of children, 
and were to have the necessary buildings erected and employ a compe- 
tent teacher of "grammar, good writing and arithmetic" who was to 
have the use of the farm and to receive the sum of £20 sterling per an- 
num. The visitors appointed under the Act of Saint Mary's County, 
were Rev. Leigh Massey and Messrs. James Bowles, Nicholas Lowe, 
Samuel Wilkinson, Thomas Waughop, Thomas Trueman Greenfield and 
Justinian Jordan. (Act, 1723, C. 19). As early as 1671, an effort was 
made to establish through the Legislature, a "public educational insti- 
tution" in Maryland, but it was not successful. In 1694, however, an 
act was passed "for the maintenance of free schools" and the following 
year another was passed "for the encouragement of learning," both of 
which provided a "school fund," to be raised by an export duty on furs, 
etc. In 1704 and again in 1717, this duty was extended to other articles, 
and in 1719 an Act was passed giving to the public "school fund" the 
estates of persons who died in the Province intestate and without 
known legal representatives. In addition, certain fines and forfeitures 
went to the "school fund." From these various sources a fund had been 
accumulated by 1723, sufficiently large to purchase a farm of 100 acres 
and erect a school in each of the twelve Counties in the Province. 

2 Act, 1774, C. 14. 



336 COLONIAL MARYLAND 

County, to be called Charlotte Hall". The institution was to 
be governed by a president and twenty-one trustees, who were 
created a body politic, with right of succession, of whom fif- 
teen were to constitute a quorum, reduced in 1777 1 to seven, 
and in 1783 to five. 3 

In 1798, the school fund of Calvert was united to Char- 
lotte Hall. This County thus acquired the right to participate 
in its management, and became entitled to a representation of 
seven in its Board of Trustees, 3 subsequently, however, the 
funds which belonged both to Calvert and Prince George were 
withdrawn from Charlotte Hall for the exclusive use of those 
Counties, thus leaving the control of the institution to Charles 
and Saint Mary's. 

One of the first official acts of the Trustees, was an effort 
to get a water mill built there, as will appear from the follow- 
ing advertisement: "To let, to the lowest bidder, at the Cool 
Springs in Charlotte Hall, on Tuesday, the fourth day of 
October, 1774. The building of an overshot water mill at said 
place. A full meeting of the Trustees for Charlotte Hall, is 
earnestly requested". Henry Tubman, Clerk. 4 The actual ope- 
ration of the school commenced in I796. 5 

Few institutions have established a higher record for honor 
and usefulness, than Charlotte Hall ; none has contributed more 
in moulding the character and shaping the destiny of the youth 
of Maryland, and the splendid results which it has achieved 
in its labors of more than a century, may well be a source of 
pride and gratification to the people of the State. 6 

x Act, 1777, C. 3- 2 Act, 1783, C. 19. 

3 Act, 1798, C. 92. 4 Maryland Gazette, September 22, 1774. 

5 School Records. 

6 The first Board of Trustees of Charlotte Hall, was composed of 
Governor Robert Eden, president; Hon. George Plater, Rev. George 
Gowndrill, John Reeder, Thomas Bond, Richard Barnes, Philip Key, 
and Henry Greenfield Sotheron, for Saint Mary's ; Rev. Isaac Campbell, 
Richard Lee, William Smallwood, Francis Ware, Josias Hawkins, 
George Dent and Dr. James Craig, for Charles; Hon. Benedict Cal- 
vert, Rev. Henry Addison, Josiah Beall, Robert Tyler, Joseph Sim, 
Thomas Contee, and Dr. Richard Brooke, for Prince George. (Act, 



SAINT MARY'S COUNTY 337 

In 1798, the General Assembly made Charlotte Hall the 
subject of a perpetual endowment. The Act provides that the 
Treasurer of Maryland, "shall be forever hereafter, authorized 
and required to pay annually, on or before the first day of 
June, to the president and trustees of Charlotte Hall, the sum 
of eight hundred dollars". 1 

It may be interesting to note, that the "Cool Springs", at 
which this early and successful seat of Academic learning is 
located, are the oldest known medicinal springs in Maryland, 
and became historic in the very early annals of the Province. 

As early as 1698, Governor Francis Nicholson, "having 
received an account of some extraordinary cures wrought at ye 
Cool Springs", in order that their beneficial properties might 
be availed of by all persons, the legislature appointed trustees 
"to purchase the land adjoining to ye Fountains of Healing 
waters, called ye Cool Spring, in Saint Mary's County, for 
houses to be build on for ye entertainment of such poor, im- 
potent persons as should resort hither for cure". 2 

An appropriation of £100 s. was made, 3 a building was 
erected, bibles and prayer-books were furnished and a lay- 
reader appointed, who was to read prayers twice a week, for 
which he was to receive twelve pence per day. "His Excel- 
lency is also pleased to allow to the said people, every Sunday, 
a mutton, and as much corn as will amount to thirteen shillings 
a week". 4 It was also "ordered, that, the person who reads 

1774, C. 14.) The following is a list of the Principals of Charlotte Hall 
from the beginning of its operations to the present time: Rev. Hatch 
Dent, elected 1796; Rev. George Ralph, 1799; Hugh Maguire, 1809; 
Dennis Don Levy, 1810; Rev. William Duke, 1812; Rev. John Ireland, 
1813; Nathaniel K. G. Oliver, 1815; John Wade, 1816; Philip Briscoe, 
1817; John Miltimore, 1826; Philip Briscoe, 1837; Dr. Charles Kraitsir, 
1840, Rev. George Claxton, 1842; Rev. Samuel Callahan, 1846; N. F. D. 
Brown, 1852; Herbert Thompson, 1875; William T. Briscoe, chairman, 
1877; R. W. Silvester, 1887; George M. Thomas, 1892. The following 
is also a list of the Presidents of the Board of Trustees within the 
same period: Right Rev. Thomas John Claggett, 1796; Dr. Parnam, 

'Act, 1798, C. 107. "Act, 1698, C. 16. 

3 Scharf, 1, p. 364. ' Allen's MSS. in Whittingham Library. 



338 COLONIAL MARYLAND 

prayers take an account of what persons come thither, who 
are cured, and of what distempers". 1 

Governor Nathaniel Blackistone subsequently alluded to 
the subject in an address to the General Assembly, in which, 
after enumerating the many blessings for which the people 
should be thankful, he added, "and for restoring health to us 
and blessing us with several beneficial and healing springs of 
water, called the Cool Springs, which by His blessing, have 
wrought many wonderful and signal cures". 2 

In this connection it should be noted, that "ye Fountain 
of Healing Water" still flows, and doubtless possesses the 

1799; Major William Thomas, 1812; John Campbell, 1813; Luke W. 
Barber, 1826; George Thomas, 1837; Gen. William Matthews, 1852; 
Gen. Walter Mitchell, 1857; Col. Chapman Billingsley, 1871; Col. John 
Henry Sotheron, 1875, and Col. John F. Dent. 

The "Washington Society," organized February 22nd, 1797; whose 
membership is composed of students elected from Charlotte Hall, enjoys 
the proud distinction, it is said, of being the oldest surviving literary 
and debating society in Maryland. On its list of members may be found 
the names of many of Maryland's most distinguished sons. Motto : 
"Palmam qui meruit ferat." On October 24th, 1871, the "Stonewall 
Society" was united with it, and since then it has been known as the 
"Washington and Stonewall Society." The Society library contains 
about two thousand volumes, and among them, are some rare and valu- 
able works. 

1 The following is the record of the first proceedings of the Com- 
missioners appointed to execute this Act. 

"November ye 24th 1698 

"At a meeting at ye coole Springs by Col : John Coarts Esqr. 
Captn: Philip: Hoskins : Captn : James: Keech : Captn : John: Beane: 
Captn: Jacob: Moorelan. and Captn: Ben Halle, appointed trustees 
by act of Assembly for ye purchasing of fifty Acres of Land of Captn : 
John : Dent : or anny other person interrested in ye Sd : Land whereon 
ye Sd : Springs or fountains of healing waters doth lye. for the settleing 
and building of a house uppon ye Sd : Land ; wherein ye sd : foun- 
tains should be included according to ye sd: act to them directed they 
ye sd : trustees in pursuance with ye sd. act. did at ye sd. meeting treat 
with ye sd : Captn : John : Dent : & ye sd. Captn : John : Dent : did make 
appear before them that ye interest lay in him ; whereuppon ye sade 

- Scharf, Vol. 1, p. 364. 



SAINT MARY'S COUNTY 



339 



same virtue and efficacy which gave to them their early re- 
nown. 

The delegates from Saint Mary's County to the several 
Provincial Conventions of Maryland, which sounded the key- 
note of the American Revolution, signed the famous articles 
"Association of the Freemen of Maryland" and established 
the "Council of Safety'" as the Provincial Government of the 
State, were Abraham Barnes, Henry Greenfield Sotheron and 
Jeremiah Jordan, June 1774; John Allan Thomas, Richard 
Barnes, Jeremiah Jordan and John DeButts, December, 1774; 
same in July 1775, with John Reeder, Jr., in place of John 
Allan Thomas; same in December 1775, with John Allen 
Thomas, in place of John Reeder, Jr. ; George Plater, Richard 
Barnes, John Reeder, Jr., and Athanasius Ford, May 1776; 
same in June 1776, with Jeremiah Jordan in addition ; same in 
August 1776, with Ignatius Fenwick, in place of Mr. Ford. 1 

Saint Mary's was quick to respond to the suggestion to 
elect a "Committee of Safety" and "Correspondence" for the 
County, and the following is the record of the meeting for 
that purpose, held December 23rd, 1775: 

"Saint Mary's County. 
"On public notice being given for the gentlemen, free- 
holders and others, of the said County to meet at the Court 
House, at Leonard-Town, on Friday, the twenty-third day of 
December last. Met agreeable to said notification a consider- 

trustees did buy and purchase of him ye sd : Dent fifty Acres of the 
sade Land wherein ye sd : Springs or fountains of healing waters weere 
included in compliance with the sd : Act of Assembly to them ye sd : 
trustees directed for which sd : fifty Acres of Land, they ye sd : 
trustees weere to pay him the sd : John : Dent : twenty five pounds 
sterling. And it was likewise ordered by the sd : trustees, that Capt : 
James Keech, was to send for ye Surveyor of St. marys County to have 
ye sd : fifty Acres of Land laid out by the last tuesday in march next, 
and to have a conveyance drawne by the sd survey that ye sd Land may 
be made over by ye sd Captn John Dent according as ye lawe pre- 
scribes." — Vestry Records of All Faith Parish. 

1 Journal of Conventions. 



34© COLONIAL MARYLAND 

able number of the most respectable inhabitants, when it being 
proposed that, for the more orderly and effectually carrying 
on the present business, it would be necessary to make choice 
of a chairman, as also to appoint a clerk to officiate for the 
day, Mr. Jeremiah Jordan was thereupon unanimously elected 
to the chair, and Timothy Bowes appointed clerk to the said 
meeting, 

"Mr. Jeremiah Jordan in the chair. 

"Mr. Timothy Bowes, clerk. 

"Several of the proceedings of the continental congress 
being read, as well as the late resolves of the provincial con- 
vention, which were unanimously approved of. The chair- 
man, addressing himself to those assembled, informed them, 
that the intent and design of the present convention, among 
many other things, was principally to make choice of a general 
committee for the country — a committee of correspondence — 
as also a committee, to meet, if necessary, the provincial 
committee, to be held at Annapolis, on Monday, the 24th 
day of April next, in order to carry into execution the 
association agreed on by the continental congress, as well as 
the resolves of the late provincial convention. Upon which 
the following gentlemen were chosen as a general committee 
for the county, to wit: Mr. William Thomas, Mr. Cornelius 
Barber, major Zachariah Bond, Mr. William Hammersly, Mr. 
John Llewellin, Mr. James Eden, Mr. Gerard Bond, Mr. John 
Shanks, Jun., Mr. John Eden, Jun., Mr. Wilfred Neale, Mr. 
William Bond, Mr. Meveril Lock, Mr. Richard Bond, Dr. 
John Ireland, Mr. Cyrus Vowles, Mr. Athanasius Ford, Col. 
Abraham Barnes, Dr. Henry Reeder, Mr. John Barnes, Mr. 
Richard Barnes, Mr. Timothy Bowes, Mr. William Williams, 
Mr. John Fenwick, Mr. John Greenwell (of Ignatius) Mr. 
Vernon Hebb, Mr. William Watts, Mr. George Guyther, Mr. 
Ignatius Combs, Mr. John McLean, Mr. John McCall, Mr. 
John Black, Mr. John DeButts, Mr. William Taylor, Mr. 
Maffey Leigh, Mr. George Cook, Mr. James Adderton, Mr. 
Robert Armstrong, Mr. Bennet Biscoe, Mr. Richard Clark, 
Mr. Edward Fenwick, Mr. Thomas Griffin, Mr. William 



SAINT MARY'S COUNTY 341 

Jenkins, Jun.,' Mr. Nicholas Sewall, Mr. Nicholas L. Sewall, 
Mr. William Cavenaugh, Mr. Jenifer Taylor, Mr. Ignatius 
Taylor, Mr. Robert Watts, Mr. Henry Carroll, Mr. Hugh 
Hopewell, Mr. Hugh Hopewell, Jun., Mr. John Abel, younger, 
Mr. Samuel Jenifer, Mr. John Abell, sen., Mr. Edward Abell, 
jun., Mr. Peter Urquhart, Mr. John H. Read, Mr. Thomas 
Forrest, sen., Mr. Ignatius Fenwick, (Coles) Mr. John Smith, 
(Patuxent) Mr. Enoch Fenwick, Mr. John Reeder, Jun., Mr. 
Thomas A. Reeder, Mr. William Killgour, Mr. John H. 
Broome, Mr. William Bruce, Mr. Henry Tubman, Mr. Henry 
G. Sotheron, Mr. Robert Hammit, Mr. Herbert Blackiston, 
Mr. John A. Thomas, Mr. Jeremiah Jordan, Mr. William 
Bayard, Mr. Joseph Williams, Mr. Samuel Abell, sen., Mr. 
Samuel Abell, Jun. 

"A general committee for the county elected, the next 
step taken was making choice of a committee of correspondence 
when the following gentlemen were chosen, with power for 
any three or more of them to act as occasion should require, 
to wit: Col. Abraham Barnes, Mr. Richard Barnes, Timothy 
Bowes, Mr. Athanasius Ford, Dr. Henry Reeder, Mr. John 
DeButts, Mr. Jeremiah Jordan, Mr. John A. Thomas, Mr. 
John Black. 

"This business completed, a committee was chosen to 
meet the provincial committee, to be held at Annapolis, on 
Monday the 24th day of April next, if necessary, when the 
following gentlemen were elected for that purpose, to wit: 
Mr. Jeremiah Jordan, Mr. Richard Barnes, Mr. John Reeder, 
Jun., Mr. John Barnes, Mr. John A. Thomas, Mr. John De- 
Butts, Mr. Henry G. Sothoron, 

"Signed per 

"Timothy Bowes, clerk". 1 

In the "Council of Safety" and in the "Continental Con- 
gress". Saint Mary's was represented by the Hon. George 
Plater, elected to the former in 1776, 2 and the latter in 1778. 3 

In addition to its regular quoto of men in service, under 

"Maryland Gazette, January 5th, 1775. 2 McMahon, 419. 

3 Scharf, 3, P- 753- 



342 COLONIAL MARYLAND 

requisition, Saint Mary's furnished to the revolution a large 
independent company, under command of Captain John Allen 
Thomas. 1 This Company became identified with the regular 
army, and for its valor and efficiency, was honorably mentioned 
by Major General Wm. Smallwood, in his report of October 
1776, to the Maryland Convention. 2 

In addition to the company of Captain John Allen Thomas, 
which formed a part of General Smallwood's first battalion, 
and which went to the front in July 1776, and her quota of 
men for the Maryland Flying Camp, Saint Mary's the follow- 
ing year furnished eighteen companies for the Revolution, and 
the Council of Safety commissioned the following officers to 
command them. For the upper battalion, composed of nine 
companies, Jeremiah Jordan, colonel, John Reeder, lieutenant- 
colonel, John Allen Thomas, (Jr.) major, Charles Jordan, 
Gerard Bond, John Thomas, Thomas Attaway Reeder, John 
Mills, James Roach, Edmund Plowden, William Kilgour and 
William Bond, captains ; John Eden, John Shanks, Francis Mil- 
lard, John Breen, Thomas Nicholls, James Raper, William 
Spink, John Edwards and Edward Mattingly, first lieutenants ; 
Clement Gardner, William Thomas, John Cartwright, William 
Walton, William Raper, Joseph Stone, Benjamin Edwards and 
Johnathan Edwards, second lieutenants ; Meveral Lock, Stephen 
Tarlton, Clement Power, Zachary Hammett, Henry Swann, 
Joseph Woodward, Wilfred Reswick, Johnson, Sothoron and 
William Cartwright, ensigns. 

For the lower battalions, composed also of nine companies. 
Ignacius Fenwick, colonel, Vernon Hebb, lieutenant-colonel, 
Ignacius Taylor, major ; John Armstrong, John H. Abell, John 
Smith, Ignacius Abell, John Greenwell, John Mackall, Samuel 
Jenifer, Hugh Hopewell and William B. Smoot, captains ; Alex- 
ander Watts, Robert Armstrong, Zachary Forrest, Enock Abell, 
Philip Fenwick, Thomas Jenkins, John Abell, John Asquith 
and George Gaither, first lieutenants ; Ignicius Combs, William 
Bennett, Zepheniah Forrest, Barton Abell, Bennett Combs, Ben- 
jamin Morgan, Richard King, John Chesley and John Lang- 

1 Journal of Convention. 2 Annals of Annapolis. 



SAINT MARY'S COUNTY 



343 



ley, second lieutenants ; George H. Leigh, Benjamin Williams, 
John Smith, John Mills, James Williams, Philip Evans, George 
Asquith, Robert Jarboe and Joshua Tarlton, ensigns. 1 

On the reorganization of the "Maryland Line" in 1794, 
in compliance with the Act of Congress, the following officers 
from Saint Mary's County were elected : Brigadier General 
John Hanson Briscoe ; Lieut. Cols. George Plater and Henry 
Neale ; Majors William Thomas, John Armstrong, William 
Somerville and Francis Hamersley. 2 While the first attempted 
infringement of the "non importation agreement", of the 
Maryland Convention was in the arrival in the Saint Mary's 
River in August, 1774, of the brig, Mary and Tom, from 
London, with tea, consigned to Robert Findlay and. others 
(but which, was not unloaded, and was returned), 3 Saint 
Mary's County was the scene of but one actual engagement 
during the Revolution. In July 1776, Lord Dunmore, with 
about 300 men in armed galleys, took possession of Saint 
George's Island. In the engagement with Captain Beall's 
Company of Militia he was wounded and a mid-shipman on 
the "Roebuck" was killed. Dunmore's fleet, amounting to 
about forty sail, was anchored at the mouth of Saint Mary's 
River. On the 26th of July, Captain Nicholson of the "De- 
fence", and Major Price, attempted to recapture the Island, 
but were unsuccessful. Price, however, stationed a battery 
on "Cherry Field Point" and drove the sloop of war "Fowey" 
out of the river. Early in August the enemy abandoned the 
Island, leaving several galleys and some military stores be- 
hind them.' 

The members of the committee from Saint Mary's County 
appointed by the General Assembly, to draft the famous Res- 
olutions declarative of the constitutional rights and privi- 
leges of the people, and also, the instructions for the govern- 
ment of the members from Maryland of the Stamp Act Con- 
gress of 1765, and which passed the "Remonstrance to Parlia- 

1 Journal Council of Safety, 177, p. 344- 

2 Maryland Gazette, June 12, 1794. :i Scharf, 2, p. 159. 
* Scharf, 2, pp. 268, 269. 



344 COLONIAL MARYLAND 

ment", were the Hon. Edmund Key and the Hon. Daniel 
Wolstenholme. 1 

In 1774, Saint Mary's County raised by private subscrip- 
tion, for the Maryland "Revolutionary Fund", the sum of 
i6oo sterling, the fifth largest contribution by any county 
in the State. 2 In 1776, an additional sum of £224, 1 s. and 
3 p. in gold was raised, which, while not a gratuity from the 
county, was an advance, to be redeemed only in paper money 
of the Continental Congress. 

In this connection it should be noted, that in 1780, when 
the State was without means or credit, and the army without 
supplies and in danger of dissolution, the Hon. Philip Key, a 
patriotic son of Saint Mary's, and then a representative in the 
Legislature of Maryland, furnished to the cause, out of his 
own private means, the sum of ^1500 in money, and 10 hogs- 
heads of tobacco, the third largest subscription made by any 
single individual in the State. 3 

The representatives 4 from Saint Mary's, in the first Gen- 
eral Assembly held after the Declaration of Independence, 

"Old Kent, p. 253; Scharf, 1, p. 538. 2 Scharf, 2, p. 168. 

3 Ibid, 2, p. 375. 

4 The earliest local officers of Saint Mary's County were, Thomas 
Cornwaleys, "Commander;" James Baldridge "High Sheriff," and John 
Lewger, "Conservator of the Peace." The judicial powers of the latter, 
were analogous to those vested in the "County Court" as subsequently 
established. The first Justices of the County Court, were Wm. Evans, 
John Abbington, Thos. Matthews, Thos. Dent, Richard Willan, John 
Lawson, Thos. Turner and Luke Gardner. The first Clerk was Walter 
Hall, who was in turn succeeded (during the period preceding the 
establishment of the Royal Government in Maryland) by Nicholas 
Painter, John Skipwith, John Llewellin and Henry Denton. Vacancies 
on this bench, during the same period, were filled by the appointment 
from time to time, of the following Justices : Robert Slye, John Nut- 
hall, Nicholas Young, John Jarboe, Wm. Bretton, John Vanhockman, 
Randall Hanson, Wm. Rosewell, Wm. Barton, Wm. Boarman, Richard 
Lloyd, James Martin, John Warren, Richard Gardiner, Kenelm Chesel- 
dine, Joshua Doyne, Wm. Langworth, Robert Mason, Wm. Hatton and 
Robert Carville. 

The office of Judge of the Orphans Court was one of responsibility 
and dignity, and was filled by the leading men in the County. They 



SAINT MARY'S COUNTY 345 

and which formally established, in 1777, the first State Gov- 
ernment in Maryland, were the Hons. William Thomas, James 
Jordan, Athanasius Ford, and John Hatton Reid. 1 The Sena- 
tor was the Hon. George Plater. The election — the first in 
Maryland as a State — was held in Leonardtown, on Novem- 
ber 25th, for Senate electors and on December 18th, (1776) 
for members of the House of Delegates, the Judges of election 
being Major, Henry Tubman, Abraham Barnes, and Hugh 
Hopewell. 2 The representatives from Saint Mary's in the 
convention which framed the first constitution of the State, 
were, Hon. George Plater, Ignatius Fenwick, Richard Barnes 

were appointed by the Governor. Those who served in Saint Mary's 
during the half century succeeding the Revolution, were : John Hatton 
Read, from 1778 to 1780; Thomas Bond, 1778 to 1783, and 1784 to 1787; 
William Kilgour, 1778 to 1783, and 1784 to 1797; John DeButts, 1779 to 
1783, and 1784 to 1797; Ignatius Taylor, 1782 to 1783; Vernon Hebb, 
1782 to 1783; Ignatius Fenwick, 1782 to 1786; Hanson Briscoe, 1782 to 
1791 ; John Shanks, 1782 to 1784; John Ireland, 1783 to 1784; Zachary 
Forrest, 1786 to 1791 ; William Somerville, 1787 to 1803 ; Edmund Plow- 
den, 1791 to 1805; Maj. Wm. Thomas, 1797 to 1802; Henry Gardiner, 
1802 to 1803; Raphael Neale, 1802 to 1806; Philip Key, 1803 to 1804, 
and 1808 to 1812; James Egerton, 1804 to 1810; Philip Ford, 1804 to 
1805; Thomas Barber, 1804 to 1815; Athanatius Fenwick, 1806 to 1807, 
and 1820 to 1821; Dr. Henry Ashton, 1810 to 181 1; Gen. James Thomas, 
181 1 to 1813, and 1819 to 1822; Dr. Joseph Stone, 1812 to 1813, and 
1819 to 1835; Zachary Forrest, 1812 to 1813; Henry Gardiner, 1812 to 
1814; Luke W. Barber, 1813 to 1820; Col. John Rousby Plater, 1815 to 
1816; Henry Neale, 1815 to 1816; John Leigh, 1815 to 1817; James 
Hopewell, 1816 to 1817; Henry G. S. Key, 1816 to 1819; William B. 
Scott, 1817 to 1819; George Thomas, 1822 to 1832; John Hanson Bris- 
coe, 1830 to 1831; Stephen Gough, 1831 to 1835; Cornelius Combs, 
1834 to 1835- 

The Registers of Wills during the same period were, Jeremiah Jor- 
dan, 1777 to 1804; James Forrest, 1804 to 1826; E. J. Millard, 1826 to 
1834, George Combs, 1834 to 1856. The duties of this office were per- 
formed, prior to the organization of the State Government, by a Deputy 
Commissary General. Those who filled the office from the beginning of 
the last century to the above date, were: James Keech, 1700 to 1706; 
William Aisquith, 1706 to 1718; John Baker, 1718 to 1723; Thomas 
Aisquith, 1723 to 1762; Stanton Edwards, 1762 to 1766; Samuel Abell, 

1 House Journal, 1777- 2 Ibid - 



346 COLONIAL MARYLAND 

and Jeremiah Jordan. 1 The representatives in the Convention 
for the ratification of the Constitution of the United States and 
of which George Plater was president, were the Hons. George 
Plater, Richard Barnes, Nicholas L. Sewall, and Charles Chil- 
ton. 2 

The first local officers for Saint Mary's County, under the 
State Government, were, County Lieut. Richard Barnes ; 3 Jus- 
tices of the County Court, Jeremiah Jordan, John Reeder, Jr., 
Henry Greenfield Sothoron, Richard Barnes, Henry Reeder, 
Vernon Hebb, Ignatius Taylor, Henry Tubman, Bennet Biscoe, 
John Shanks, John Hanson Biscoe, John Ireland, Ignatius Fen- 
wick, Robert Watts, Nickolas L. Sewall, and Robert Arm- 
strong. The Judges of the Orphan's Court were, Henry Green- 
field Sothoron, Richard Barnes, Henry Reeder, Vernon Hebb, 
and John Reeder, Jr.; Sheriff, Jenifer Taylor; Clerk, Daniel 
Wolstenholme ; Register of Wills, Jeremiah Jordan ; Surveyor, 

jr., 1766 to 1770; John Allen Thomas, 1770 to 1777. It is regretted that, 
owing to the destruction of the records, a complete list of the names of 
the "High Sheriffs" of the County, prior to the Revolution, (when the 
office lost much of its importance and the name was changed to that of 
Sheriff only) can not here be furnished, but among them, were : James 
Baldridge, 1637, (first High Sheriff) ; C. Thorougood, 1641 ; Edward 
Parker, 1642; Philip Land, 1649; Nicholas Guyther, 1659; Daniel 
Clocker, 1660; Richard Willan, 1662; Wm. Evans, 1663; Thos. Dent, 
1664; John Lawson, 1665; Nicholas Young, 1666; John Jarboe, 1667; 
Walter Hall, 1668; Wm. Boarman, 1679; Joshua Doyne, 1684; John 
Baker; 1686; Garrett VanSweringin, 1687; Robert Carse, 1690; Robert 
Mason, 1692; John Coade, 1694; Thos. Hatton, 1700; Jas. Hay, 1702; 
John Coade, 1706; Thos. T. Greenfield, 1720; John Cartright, 1739; Wm. 
Cartright, 1743; Gilbert Ireland, 1745; Robert Chesley, 1748; M. Lock, 

1754; Philip Key, 1755; John Eden, 1760; Jeremiah Jordan, 1766; 

Watts, 1770; Jenifer Taylor, 1772, and Samuel Abell, 1776. 

Among the County clerks during the period embraced between the 
establishment of the Royal Government in Maryland and the Revolution, 
and for the succeeding century, were : John Skipwith, John Llewellin, 
Henry Denton, Richard Ward Key, Benj. Young, Daniel Wolstenholme, 
Timothy Bowes, James Kilgour, Joseph Harris, Wm. T. Maddox, Jas. 
T. Blackistone, John A. Comalier. 

1 Journal of Convention. 2 Ibid. 3 Scharf, 2, p. 453. 



SAINT MARY'S COUNTY 347 

Jesse Lock ; Coroners, James Mills, Thomas Greenfield, Stephen 
Tarlton, John Attaway Clark, and Mackelery Hammett. 1 

At the first constitutional convention for Presidential 
Electors, 1788, Saint Mary's had two candidates, the Hon. 
George Plater on the Federalist, and the Hon. Wm. Thomas, 
Jr., on the Anti-Federalist ticket. The former ticket was 
triumphantly elected throughout the State. 

The representatives in Congress from Saint Mary's have 
been the Hons. Philip Key in the 2nd ; Raphael Neale in the 
16th, 17th, and 18th ; Clement Dorsey in the 19th, 20th, and 
21st; J. M. S. Causin in the 28th, and Benjamin G. Harris in 
the 38th, and 39th. 

Presidents of the Senate of Maryland from Saint Mary's, 
were George Plater, 1781-2-4-5-6 and 7; John Thomas, 1797- 
1800; William Thomas, 1 806-8-9-1 0-11-12 and 13; Richard 
Thomas, 1836-7-8-9- 1840- 1-2 and 3. Speakers of the House of 
Delegates, Philip Key, 1795-6; Richard Thomas, 1830-1 and 
2 ; William J. Blackistone, 1834-47 ; John F. Dent, 1854. 

Saint Mary's has had the honor of two Governors of 
Maryland under State Government, the Hon. George Plater, 
elected in 1792, and the Hon. James Thomas, elected in 1832, 
and re-elected the two succeeding terms. 2 

1 Scharf, 3, Appendix. " Scharf, 2, p. 549. 



CHAPTER XVI 
Chronicles of Saint Mary's County 



T N the absence of skilled labor, variety of material and effec- 
tive mechanical tools and wood working machinery, the 
houses in Saint Mary's, in early colonial times, were necessarily 
small and unpretentious. They had outside brick roof chimneys, 
and many of them brick gables up to the line of the roof plates, 
above which the ends, like the sides, were usually of frame, 
constructed of heavy and roughly squared timbers, put 
together with mortise and tenon, and boarded up with thick 
plank, sometimes covered with clapboards or shingles. They 
were generally one and one-half stories high, with steep roof, 
covered with lapped shingles, which, with the weather boarding, 
were put on with wrought iron nails. A little later, the 
gambrel roof and the hipped roof, with deeply sunken mullion 
and dormer windows became prominent features, and with 
them came more capacious buildings. A few were con- 
structed with double roof, with porch running the whole length 
of the house, and the porch roof being extended up and 
joined on to the comb of the main roof. The effect of this 
curious design is exceedingly odd and quaint, what ever may 
be said in favor of the protection and comfort which it afforded. 
By the early part of 1700, however, many handsome and state- 
ly buildings had been erected, some of which still stand 
and are models of ease and liberality, as well as of the higher 
order of architecture of that day, and which in their impres- 
sion of graceful design and handsome finish, are scarcely sur- 
passed by the more costly country dwellings of modern times. 
The whole of Saint Mary's county lying south of Smith's 
Creek was originally comprised in three large Manors ; Saint 
Michael's, which extended from Point Lookout to a line drawn 
from Oyster Creek to Deep Creek; Saint Gabriel's, which ex- 



SAINT MARY'S COUNTY 



349 



tended from the north side of Saint Michael's Manor to a 
line drawn from Saint Jerome's Creek to Broad Creek ; Trinity 
Manor, which extended from the north side of Saint Gabriel's 
to a line drawn from Trinity (Smith's Creek) to Saint Jerome's 
Creek. 

These Manors were granted to Governor Leonard Calvert 
in 1639, 1 with the right of Court Baron and Court Leet, a 
right which appears to have been exercised at least once, as 
shown by the following record : "At a Court Baron held at 
the Manor at Saint Gabriel, on the 7th of March, 1656, by the 
Steward of the Manor, one Martin Kirke took of the lady of 
the Manor in full court, by delivery of the said Stewart, by the 
rod, according to the custom of said Manor, one message lying 
in the said Manor, by the yearly rent of and etc., and the said 
Kirke, having done his fealty was thereof admitted tenant". 2 
The mansion house of these manors was located at "Piney 
Neck", near what is now known as the "Pine", and is re- 
ferred to as a large frame building with brick foundations and 
chimneys. 3 The first tenants on these manors, of which there 
is any record, were Thomas Butler on Saint Michaels, Henry 
James and Martin Kirke on Saint Gabriel, and John Langford 
and Robert Smith on Trinity. 4 In 1707, these Manors, the 
Piney Neck estate excepted, 5 were owned by the children of 
George Parker, by inheritance from their mother, the daughter 
of Gabriel Parrot. 6 They are now divided into numerous 
farms among which may be mentioned "Calvert's Rest", and 
the beautiful estate called "Cornfield Harbor". See Ridgely 
42- 

1 Liber, 1, pp. 121, 122. 2 Bozman, 581. 

"Archives (Pro. Ct.) pp. 189, 321. 4 Kilty, p. 103. 

5 This estate was purchased from the Hon. Wm. Calvert, the only 
son of Governor Leonard Calvert, by Charles Egerton, Esq., who in 
1698 devised it to his eldest son Charles Egerton, who had married 
Mary, the only daughter of James Neale by his first wife, Elizabeth Cal- 
vert, the only daughter of William, and grand-daughter of Governor 
Leonard Calvert. Their grandson, James Egerton, in 1765; devised 
it to his only son, Charles Calvert Egerton, in the possession of whose 
descendants it remained for many years. 

Rent Rolls, Saint Mary's County. 



350 COLONIAL MARYLAND 

On the opposite side of Smith's Creek from Trinity Manor 
was Saint Elizabeth's Manor, which contained two thousand 
acres and within the limits of which the "Jutland" estate is 
located. It was granted to Thomas Cornwaleys in 1639, but 
was subsequently owned by the Hon. Wm. Bladen. 1 Adjoin- 
ing this on the northeast, was Saint Inigoe's Manor (for an 
account of which see Saint Inigoe's Church), while bordering 
on it, and Saint Inigoe's Creek, was the estate called "Cross 
Manor". It contained two thousand acres, and was the home 
of the Hon. Thomas Cornwaleys, one of the wealthiest, as 
well as one of the most distinguished men in early Maryland, 
to whom it was granted in 1639. There is evidence that the 
old Cornwaleys' house (long occupied by the family of Cap- 
tain Randolph Jones) was built at a very early date, 2 and it 
is probably the oldest brick house to-day in Maryland. Whilst 
so materially modified, that an accurate description of its 
original architecture cannot be obtained, the lines separating 
the old walls from the new, are distinctly marked, and show 
it to have been a substantial and capacious building. 

Mattapany, beautifully located near the mouth of the 
Patuxent, is historic by reason of having been the residence of 
Charles, Lord Baltimore, and the place from which many of 
the Proprietary orders and proclamations were issued, and 
where one session of the General Assembly, and several meet- 
ings of the Council were held. 3 On it was originally located 

1 This was the early home in Maryland of the Hon. William Bladen, 
member of the House, Clerk of the Council and the first "public 
printer" of the Province. He was the father of Governor Thomas 
Bladen, who married Barbara, daughter of Sir Thomas Janssen, and 
also of Ann, the wife of Col. Benj amine Tasker, Commissary General, 
Commissioner of the Land Office, member of the Council, and, by virtue 
of his position as "first in the Council," became Governor of the Prov- 
ince upon the death of Governor Samuel Ogle. He was the son of 
Col. Thomas Tasker, member of the House and Treasurer of Maryland, 
and was the father of Rebecca Tasker, the wife of Daniel Dulaney, 
and of Elizabeth Tasker, the wife of Christopher Lowndes. 

2 Archives (Pro. Ct. 1642) p. 182; Ibid, 1650, p. 306; Scharf, 1, p. 
149- 

3 McMahon, p. 237; Scharf, 1. p. 316; Pro. CI. 1778. 



SAINT MARY'S COUNTY 



35i 



the Indian village of the Mattapients. Shortly after the land- 
ing of the Maryland Colonists, King Pantheon presented this 
plantation to the Jesuits, who established a store-house and 
missionary station there. 1 As a result, however, of the con- 
flict between Baltimore and the Jesuits in 1641, a formal 
release was executed to the former, for Mattapany, in com- 
mon with all other lands in Maryland held by the society, or 
by other persons for its use. 2 

In 1663, a special warrant was issued for Mattapany con- 
taining 1,000 acres, with addition of 200 acres, by the Pro- 
prietary to Hon. Henry Sewall, Secretary of the Province and 
member of the Council from August, 1661, to the time of his 
death, April 1665. On. April 20th, 1665, the patent for Matta- 
pany and addition, was granted to his widow, 2 Jane Sewall, 
who, in 1666, married Governor Charles Calvert, afterwards 
Lord Baltimore. 4 Governor Calvert erected at Mattapany, a 
large brick mansion, which was for many years his private 
residence. The house, says an early writer, was built "for con- 

1 McSherry, p. 47 ; Johnson, p. 56. 

2 Brown, p. 55 ; Johnson, p. 86. 3 See Patent in Land Office. 
4 Lady Baltimore, (widow of Hon. Henry Sewall, was the daughter 

of Vincent Lowe and Anne Cavendish of London, and a sister of Col. 
Vincent Lowe, of Maryland. She had by her first marriage, children — 
Nicholas, who married Susannah, daughter of Col. William Burgess ; 
Mary, married Col. William Chandler; Anne, married, 1st Col. Benja- 
min Rozier, and 2nd, Col. Edward Pye; Jane, married Hon. Philip Cal- 
vert, and Elizabeth, married, 1st, Dr. Jesse Wharton, and, 2nd, Col. 
William Digges, a member of the Maryland Council and son of Gov- 
ernor Edward Digges, of Virginia. Colonel Digges was in command at 
Saint Mary's at the time of its evacuation, in 1689. After that, he 
located on "Warburton Manor," in Prince George's County, Maryland, 
nearly opposite Mount Vernon. He left a son, William, a daughter, 
Jane (who married Col. John Fitzgerald, of Virginia), and grand- 
children, Charles, George, and Thomas. Through the Sewalls and 
Digges, there are still many descendants of Lady Jane Baltimore living 
in the Counties of Southern Maryland. 

It may be interesting to note that old "Fort Warburton" stood on 
a part of Warburton Manor. The land for it was purchased by the 
United States in 1794, for $3,000. When rebuilt, after it was blown up 
in 1814, it was called "Fort Washington." 



352 COLONIAL MARYLAND 

venience rather than magnificence". 1 A fort and magazine 
were also erected there, 2 and "Brick Hill Point" on the estate, 
was the place of general rendezvous for the militia, by order of 
the Council. 3 In 1682, an Act was passed making provision 
for a "sufficient guard to be kept at Mattapany, for the de- 
fense of the Right Hon. the Lord Proprietary, and with him 
the magazine and military supplies there".* 

When the Maryland Deputies were driven from Saint 
Mary's City during the Protestant Revolution, they took refuge 
in the garrison at Mattapany, and it was there that the formal 
articles of surrender were executed in August, 1689. 5 In 
1690, the Proprietary petitioned the Maryland authorities to 
deliver to him the Mattapany house, plantation and stock, and 
to render an account of the operation of his Lordship's mill 
there, located on Gardiner's Creek. This was denied, except 
as to the stock, upon the ground that, the whole plantation, 
and all of its appurtenances, had with the garrison, been 
"surrendered under articles to His Majesty's use". 6 Two 
years later, however, by order of Council, the estate was given 
up and formally placed into the possession of Col. Henry Dar- 
nall, the agent of the Proprietary. 7 

The last notice of the old Calvert house was in 1773, when 
it was reported to be in a state of dilapidation and decay. It 
has long since disappeared, though its foundation and cemented 
cellar may still be seen. The building was about 60 x 30 feet, 
with a capacious wing, and stood about 250 yards southward 
of the present commodious dwelling house of Mattapany. The 
garrison, the site of which is still discernible, stood about 100 
yards nearer the river, and on the river bank in the rear of the 
present dwelling house, are the remains of an old earthen forti- 
fication — probably a remnant of the ancient bulwark of defense 
for Mattapany. 

"Mattapany", or "Mattapany Sewall", as it was called, 
came back into the possession of the Sewalls in 1722, by grant 

1 Old Mixon. 2 Scharf, 1, p. 316. 
3 Archives (CI. Pro. 1676) p. 31. 

J Ibid, Ass. Pro. 1682, p. 338. 5 McMahon, p. 237. 

"Archives (CI. Pro. 1690) p. 182. 7 Ibid, 1692, p. 311. 



SAINT MARY'S COUNTY 



353 



from the 2nd Charles Lord Baltimore to Nicholas Sewall, son 
of the original proprietor, and it remained in the family until 
early in the present century. 

Susquehannah, adjoining Mattapany on the east, and situ- 
ated on the Patuxent, is noted as having been the home of 
Christopher Rousby, the King's Collector General, who was 
fatally stabbed in an altercation with Col. George Talbot, a 
member of the Council and Surveyor General of the Province. 1 
The Tombstone, a massive marble slab, covering the grave of 
Colonel Rousby, on this estate, bears the following inscription : 

"Here lyeth the Body of Xpher Rousbie esquire, who 
was taken out of this World by a violent Death received on 
Board his majesty's ship 'The Quaker Ketch', Capt. Thomas 
Allen command'r the last day of Oct'r 1684. And alsoe of Mr. 
John Rousbie, his Brother, who departed this natural Life on 
board the Ship Baltimore. Being arrived in Patuxent river 
the first day of February 1685, memento mori". 

Susquehannah is otherwise noted as the place at which 

1 Talbot was at once arrested, and in spite of the efforts of the 
Council to have him tried in Maryland, he was carried off to Virginia and 
delivered up to the rapacious Governor, Lord Howard of Effingham, 
who treated all the remonstrances of the Marylanders with contempt. 
Baltimore, anxious that his kinsmen should have, at least, the chance 
of a fair trial, obtained an order from the Privy Council to have him 
sent to England. But when the order, dated January 1685, reached 
Virginia, the bird had flown. In the dead of winter, Talbot's devoted 
wife, and two brave and faithful retainers, sailed down the bay in a 
little skiff, and up the Rappahannock to a point near Gloucester, where 
he was imprisoned. Here they contrived by some devise to effect the 
release of the prisoner, and carried him off in safety to his distant 
Manor, Susquehannah, in Cecil County. The hue and cry was pro- 
claimed, and so hot was the pursuit, according to local tradition, that 
Talbot was forced to secret himself in a cave, where he was fed by 
two trained hawks which brought him wild fowl from the river. How- 
ever, this may have been, he soon surrendered himself to the authorities, 
who delivered him to Effingham. The order of the Privy Council 
being disregarded, he was, in April, 1685, tried and convicted. The 
Proprietary was, however, not idle in his kinsman's behalf, and obtained 
from the King a pardon, in time to save his life — Brown, History of 
Maryland, 146. 



354 COLONIAL MARYLAND 

the Council held its meeting July 1st, 1661, and determined upon 
the famous expedition against the Dutch on the Delaware. 1 
After the death of Colonel Rousby, Susquehannah reverted 

1 On the Calvert side of the Patuxent, and nearly opposite Susque- 
hanna, is the estate known as Rousby Hall — one of the handsomest, and 
until the dwelling house was destroyed in the war of 1812, one of the 
most highly improved places in Southern Maryland. It was the home of 
Col. John Rousby (possibly a descendant of John Rousby who is buried 
at Susquehannah) who was the father of Ann, wife of Hon. Edward 
Lloyd and of the Hon. John Rousby of Rousby Hall, the father of Ann, 
wife of Gov. George Plater. Col. John Rousby's wife was Barbara, the 
daughter of Henry and Francis Morgan of Kent County, and the author 
of the famous narrative of the troubles in Maryland consequent upon the 
Protestant Revolution. She married secondly Richard Smith of Saint 
Leonards, Captain of Militia, of Calvert County, Surveyor General 1693, 
died 1714, son of Richard (and Eleanor) Smith of Calvert County, who 
came to Maryland in 1649, Attorney General in 1655, and member of 
the House from 1660 to 1667. Richard and Barbara Smith had sons, 
Richard, Charles, Somerset and Walter, who have representatives still 
living in Calvert and Saint Mary's, and daughters Anne, Elizabeth and 
Barbara, progenitors of the Parker's, Hellens', and Dawkins' of Calvert 
County. Hon. John Rousby, only son of Col. John Rousby, and the 
father of Mrs. Plater, died in 1750 at the early age of twenty-three and 
is buried at Rousby Hall, where his tomb may still be seen. 

The following romantic incident in the life of Mrs. Plater is handed 
down by those who vouch for its truth. Mrs. Rousby her mother, noted 
alike for her beauty, dignity, position and wealth, became a widow at 
the age of twenty, her only child being then an infant. Among her 
many suitors was Col. William Fitzhugh of Virginia. His position and 
fortune were good, but the fair widow of Rousby Hall was inflexible. 
Colonel Fitzhugh, however, who had served under Admiral Vernon at 
Carthegena, was not to be subdued and continued to press his suit. On 
one occasion having paid a visit to Mrs. Rousby, and on leaving the 
house to take his boat, the nurse appeared, bearing in her arms the in- 
fant heiress of Rousby Hall. Snatching the child from the nurse's 
arms, and unheeding the cries of the baby, the desperate soldier-lover 
sprang into his boat and ordered his men to push from the shore. When 
some distance out in the Patuxent, he held the child over the water, 
threatening to drown it if its mother did not relent and agree to become 
his wife. The mother half frantic, stood upon the river bank while her 
mad lover held her innocent child between sky and water. Believing 
that the threat would be executed she yielded and sealed her fate, 
by becoming shortly afterwards Mrs. Col. William Fitzhugh, and the 
baby that was not drowned became the wife of Gov. George Plater. 



SAINT MARY'S COUNTY 355 

to the Proprietary, and, in 1700 it was granted to Richard 
Smith. This patent was executed by Mary Darnall, 1 the wife 
of Colonel Henry Darnall, the agent of the Proprietary, and is 
one of the very few instances in which such authority was 
exercised by a woman in Maryland. Shortly afterward it 
became the property of a branch of the Maryland, Carroll 
family, and for many generations continued to be their attrac- 
tive homestead. 

Cedar Point, at the mouth of the Patuxent, and adjoining 
Susquehannah, was the Sewall estate. It was granted by Lord 
Baltimore, in 1676 to Nicholas Sewall, his step-son, in whose 
family it remained until a very recent date." 

These three estates, Mattapany, Susquehannah, and Cedar 
Point, originally occupied nearly the whole of that fertile and 
beautiful plateau bordering on the mouth of the Patuxent. 

Above Mattapany, and near Town Creek on the Patuxent 
was Saint Joseph's Manor, containing 1350 acres. It belonged 
to the Edloes, 3 and consequently to the Platers." On Abbing- 

1 See patent in Land Office. 

2 Major Nicholas Sewall, Secretary of Maryland in 1683, member of 
Council from 1684 to 1689, and son of Hon. Henry Sewall, of "Matta- 
pany," married Susannah, daughter of Hon. William Burgess, of Anne 
Arundell County. They left sons Charles and Henry. The latter's 
widow, Elizabeth, in 1728, married Hon. Wm. Lee of the Council, father 
of Thomas, the father of Governor Thomas Sim Lee. Nicholas, son of 
Henry and Elizabeth Sewall, married Miss Darnall of "Poplar Hill," 
Prince George County. Among the more prominent of the Sewalls of 
later times, were Hon. Nicholas Lewis Sewall of "Cedar Point," mem- 
ber of convention for ratification of the constitution of the United 
States, and Robert Darnall Sewall of "Poplar Hill." The last named 
estate is a part of the once famous and beautiful plantation in Prince 
George's County, known as the "Woodyard," and the home of Col. 
Henry Darnall, who came to Maryland in 1665, his brother John Darn- 
all, having located at Portland Manor, Anne Arundel County. Eleanor, 
daughter of Col. Henry Darnall, married Clement Hill. Archbishop 
Carroll's mother, Eleanor Brooke Darnall was of the "Woodyard," as 
was also Mary, the wife of Charles Carroll of Carrollton. Robert 
Darnall, grandson of Col. Henry Darnall, lost all of this magnificent 
estate except "Poplar Hill" — about 800 acres — and which came into pos- 
session of the Sewall's through the marriage above mentioned. 

3 Patent in Land Office. "Will, George Plater, 1751. 



356 COLONIAL MARYLAND 

ton Creek, on this Manor, the port of Saint Joseph's was 
erected in 1688. 

Between Town Creek and Cuckolds Creek was "Resurrec- 
tion Manor". It was patented, in 1650, to Thomas Corn- 
waleys. 1 Shortly afterwards it came into possession of the 
Plowden family, where it remained for several generations. 3 
On this Manor, two sessions of the Privy Council were held, 
the one on December 12th, 1659, the other, June 27th, 1662. 3 

"Satterly", now called Sotterly, on the Patuxent, oppo- 
site Saint Leonards Creek, was the Plater homestead. It 
is beautifully located and highly improved. The house, built 
about 1730, is a handsome model of antique architecture. It 
is in the shape of the letter "Z", is one and a half stories 
high with steep gambrall roof, surmounted by a cupola and 
penetrated by triangular capped dormer windows. It is a 
frame building with brick foundations, brick gables, brick 
porches and flagstone colonnade. A secret brick arch-way leads 
from the cellar to the foot of the hill below the house. The 
rooms are capacious, with ceilings of medium height on the 
lower floor, and hipped and low on the upper floor. The main 
hall, library, and original dining room, are furnished in hand- 
somely panneled wood from the ceiling to the floor. The 
parlor is finished entirely in wood, both ceiling and side 
walls, artistically paneled and elaborately carved. The shell 
carvings forming the ceilings of the parlor alcoves are especi- 
ally unique and handsome. The window frames are of walnut 
and the door solid mahogany, swung on solid brass strap 
hinges extending about two feet across the door. This room 
presents one of the finest specimens of colonial interior finish 
and decoration to be found in Maryland. The stairway is also 
of mahogany, with grooved rail, and balustrade and newel 
post of an ingenius device of filigree work. A tradition in 
the Plater family is that the work on the parlor and stair-way 
was done by a mechanic named Bowen, who was one of the 
"King's seven year convicts", transported to Maryland, pur- 

1 Patent in Land Office. 

a Will of George, Edmund and Henrietta Plowden. 

8 Archives (CI. Pro.) p. 381, 460. 



SAINT MARY'S COUNTY 



157 



chased by the Hon. George Plater and liberated in consid- 
eration of his masterly workmanship at Sotterly. In the 
front yard formerly stood two small square buildings, with 
cone shaped roofs. The one stood at the garden gate and was 
used as a wine and smoking room ; the other stood immediately 
opposite, and was used as the office of the Collector and Naval 
Officer of the Patuxent District. The former of these is now 
at the foot of the yard, opposite the old "Gate Lodge"; the 
other is in the barn yard, flanked by a series of sheds and used 
as a granary. Near the centre of the garden, and about thirty 
yards from the house, still stands in good preservation, a relic 
of the olden times — the Sotterly sun dial. A capacious brick 
stable and carriage house bears the date of its erection — 1734, 
carved in the brick. 

Sotterly was originally a part of "Fenwick's Manor". 
It was purchased from it by the Hon. James Bowles, contained 
2000 acres and was for many years known as "Bowies' Separa- 
tion". Its present name, after the Plater homestead in Eng- 
land, as well as many of its architectural beauties, it owes to 
its subsequent owners — the Platers — in whose possession it 
came by intermarriage with the widow of Mr. Bowles. 1 

1 Of the marriage of the Hon. George Plater, father of Governor 
Plater, in the Maryland Gazette of June 16th, 1729, the following notice 
appeared : "On Thursday last the Hon. George Plater was married to 
Mrs. Rebecca Bowles, relict of James Bowles, Esq., a gentlewoman of 
considerable fortune." 

Mrs. Rebecca Bowles was the daughter of Col. Thomas Addison 
and Elizabeth, his wife, the daughter of Thomas Tasker, treasurer of 
Maryland. James Bowles, her first husband, who died January, 1727, 
was a member of the Council of Maryland, and son of Tobias Bowles, 
of London. Their children were Eleanor, who married, 1st, William, 
son of Governor Sir William Gooch, and married, 2nd, Warner Lewis, 
both of Virginia; Mary and Jane Bowles, one of whom married Wil- 
liam, son of Henry and Martha (Burwell) Armistead of Virginia. 

Hon. George Plater died June 17th, 1755, his wife having died be- 
fore 1751. They left children — Governor George, Ann, Elizabeth, and Re- 
becca Plater, who married, in 1744, Col. John Taylor, of Mount Airy, 
Virginia, and who died in 1787, leaving children : Elizabeth, married, in 
1767, Edward Lloyd, father of Governor Edward Lloyd, of Maryland; 
Rebecca married, in 1769, Francis Lightfoot Lee, "the signer" ; Eleanor 



358 COLONIAL MARYLAND 

For more than a century, Sotterly was conspicuous as the 
homestead of this family — than which none other, perhaps, 
was more closely identified with the history of Maryland, both 
as a colony and as a State. The Hon. George Plater was a 
member of the Assembly and Attorney General of Maryland 
as early as 1691, and from 1692 to 1720, was the Collector of 
Customs for the Patuxent. His son, George Plater, was for 
many years a member of the Council, and was Naval Officer 
of the Patuxent, and, from 1746 to 1755, was Secretary of the 
Province. His son, George Plater, was a member of the 
House of Delegates in 1758; Naval Officer of the Patuxent, 
from 1767 to 1774; Judge of the Provincial Court, from 1771 
to 1773; Member of the Council, in 1773 and 1774; Member 
of the Council of Safety of Maryland, in 1776; Member of the 
Constitutional Convention of Maryland, in 1776; Member of 
the Senate of Maryland and President of that body, in 1784; 

married, in 1772, Ralph Wormly; Ann, married, in 1773, Thomas 
Lomax; Mary, married, in 1776, Mann Page; Catherine, married, in 
1780, Landon Carter; Jane, married, in 1791, Robert Beverly; Sarah, 
married, in 1799, Col. William Augustine Washington (all of Virginia) ; 
John, born 1771, married 1792, Anne, daughter of Governor Benjamin 
Ogle, of Maryland, died 1828, leaving many children, among them 
Henry Tayloe, of Alabama, and Benjamin Ogle Tayloe, of Washington. 
D. C. 

Governor George Plater, only son of Hon. George Plater, and heir 
of Sotterly, was born in 1736, and was educated at William and Mary's 
College. In 1760 he visited England, where he was introduced by let- 
ters from Governor Horatio Sharpe. He seems to have made an agree- 
able impression while there upon Lord Baltimore, who shortly after 
indicated to Governor Sharpe his desire to have him associated "in the 
affairs of the Province," and with which he soon became so prominently 
connected. He married Ann Rousby, the only child of Colonel John 
Rousby, of the once famous and beautiful estate on the Calvert 
side of the Patuxent, known as "Rousby Hall." Mrs. Plater enjoys 
the reputation of having been a woman possessed of rare personal 
beauty and stately elegance. Her rich patrimony, added to the already 
large estate of her husband, enabled the occupants of Sotterly to live in 
courtly style and in full keeping with their distinguished position, as is 
clearly attested by the will of Governor Plater and the inventory of his 
estate. Governor George and Ann Rousby Plater left two daughters, 
Ann and Rebecca (whose fame for beauty and accomplishments have 



SAINT MARY'S COUNTY 359 

Delegate to the Continental Congress, from 1788 to 1791 ; 
Member of the Convention for the ratification of the Constitu- 
tion of the United States, and President of that body in 1788 ; 
Presidential Elector, in 1789, and Governor of Maryland, in 
1792. 

Besides being so closely identified with Maryland in her 
struggle for independence and in laying the foundations of free 
government, his name conspicuously appears upon the pages of 

lived to the present day), and three sons, George, Thomas, and John 
Rousby Plater. Ann Plater married the distinguished jurist and states- 
man, Philip Barton Key, and Rebecca married General Uriah Forrest, 
of the Maryland line; George, eldest son of Governor George Plater 
and heir of Sotterly, married 1st, March 9th, 1795, Cecilia B. Bond, 
of "Southampton," and 2nd, March 22nd, 1798, Elizabeth Somerville. 
He died in 1802, leaving by his first marriage, George, who inherited 
Sotterly and lost it, and by his second, Ann Elizabeth Plater, who 
married her cousin, John Rousby Plater. Judge John Rousby, second 
son of Governor George Plater, married Elizabeth Tuttle, of Annapolis, 
Maryland. He died in 1832, leaving children — 1, Elizabeth, who married 
May 5th, 1818, Stephen Gough, and left issue, Elizabeth A., Stephen, 
Sophia, Mary, Louise, Georgiana, and John Rousby Gough ; 2, Dr. 
William, who married, 1st, Mrs. McEldeny, by whom he had one son, 
William, and 2nd, Louise Hobbie, by whom he had children, John 
Rousby, Mayhew, married Alice Bland, and Louisa Plater; 3, Sophia, 
married William G. Ridgely, nephew of Hon. Charles Ridgely, of 
Hampton, and had issue, Elizabeth, Thomas, Louise, Emily, William, 
Ann Key, and Sophia Matilda Ridgely; 4, John Rousby, married, 1st, 
November 3rd, 1816, his cousin, Anne Plater, who died without issue, 
and 2nd, Matilda Edmonson, by whom he had issue, John Rousby and 
Charlotte Plater, the latter being the wife of General E. Law Rodgers, 
of Baltimore. 

Thomas, the third son of Governor George Plater, inherited the 
famous estate, "Rousby Hall," and sold it. He represented his dis- 
trict in Congress 1801 to 1805. His daughter, Ann Plater, was another 
noted beauty of the family, and of whom many reminiscences still sur- 
vive. She became the wife of Major George Peter, of Montgomery 
County, distinguished in the military service in 1812 — a belle and a hero 
of ye olden time. 

Early in the present century, Sotterly passed out of the Plater fam- 
ily, and since then, the mansion house and a small portion (about 400 
acres) of the once vast domain of Sotterly, has been in the possession 
of the family of Dr. Walter Hanson Stone Briscoe. 



360 COLONIAL MARYLAND 

his country's history, during a period of half a century, in 
nearly every important move made by her people. He died 
at Annapolis, February ioth, 1792. His remains "attended 
by the Council and State officials, were taken the next day, 
by way of South River, to Sotterly", where he is buried in 
what is now an open field, and without even a simple slab to 
mark the last resting place of a son of Maryland, whose state- 
manship and zeal are so closely interwoven with her govern- 
ment, and whose whole life, from the dawn of early manhood 
to the grave, was conspicuous for disinterested devotion and 
distinguished service to the State and to the Nation. Oh ! 
Spirit of Liberty, where sleeps your thunder ! 

His sons were — George, a colonel in the Maryland line, 
Thomas, a member of Congress from Maryland, from 1801 to 
1805 ; and Judge John Rousby Plater, who was the Presidential 
Elector in 1797; in 1812, and for several terms thereafter, he 
was a member of the House of Delegates of Maryland, and 
from 1823 to the time of his death, 1832, filled with distinc- 
tion and honor, the position of Associate Judge of the First 
Judicial District of Maryland. 

Below De La Brooke, and separated from it by Cat Creek, 
was "Fenwick's Manor", granted in 1651, to Mr. Cuthbert 
Fenwick, prominent in the early councils of the Province, and 
the progenitor of a long line of descendants, distinguished 
both in Church and State. The manor extended down the 
Patuxent as far as Saint Cuthbert's (Cuckold's) Creek, and 
that part of it bordering on this creek still retains its original 
name — Saint Cuthbert's. 

The manor house, it is said, stood on the site occupied 
by the residence of the late Joseph Forrest. This house was 
referred to as early as 1659, in the famous proceedings against 
Edward Prescott, for "hanging a witch", in which Colonel 
John Washington, of Virginia, the great-grandfather of Gen- 
eral George Washington, was the principal witness. "He 
will be called", says the summons of Washington, "uppon 
his tryal the 4th or 5th day of Octobr next, at the Court to bee 
held then att the Patux«nt, near Mr. Fenwick's house". In 
this connection it may be interesting to note that Colonel 



SAINT MARY'S COUNTY 361 

Washington, in reply to this summons, wrote that he would 
be unable to attend court on the days named "because then, 
God willing, I intend to gette my yowng sonne baptized. All 
the Company & Gossips being allready invited". The pro- 
ceedings also show that at the trial of the case, no witnesses 
appearing, the prisoner was acquitted. 1 

Nearing the manor house of Fenwick's Manor, stood "Fen- 
wick's Mill", long since disappeared, though the outlines of 
the old mill dam were plainly visible within the recollection of 
many persons still living, and near the mouth of Cole's Creek 
stood one of the public warehouses of the Province, known 
as "Cole's Inspection". There was on the manor, also, 
"Fenwick's Tavern", a part of which is still standing and 
constitutes a portion of the dwelling house on the estate of 
Mr. James T. King. 2 

De La Brooke, on the Patuxent, was settled in 1650, by 
"Robert Brooke, Esq., arrived out of England on the 29th 
ascendency of the Cromwell party in Maryland, was President 
of the Council and, as such, Governor of the Province. 3 In the 

1 Record of this case is printed in full in Brown's History, pp. 84-86, 

2 On the north side of, and close to the road leading from Oakville 
to Forrest Wharf (presumably on that part of Fenwick's Manor which 
was the estate of Henry Lowe), may still be found an old tombstone 
bearing the following inscription : "Here Lyeth interred the Body of 
Susannah Maria Lowe, Late wife of Henry Lowe, of the family of the 
Bennetts, who departed this life the 28th day of July 1714 In the 48th 
year of her Age." Mrs. Susannah Maria Lowe was no less a personage 
than the daughter of Richard Bennett and his wife, Henrietta Maria 
Neale, the daughter of Captain James Neale. She married, 1st, John 
Darnall, and had a daughter, Henrietta Maria Darnall. She married, 
2nd, Colonel Henry Lowe, who died in 1717. They left children — Eliza- 
beth, who married Henry Darnall, of Portland Manor; Bennett, 
Thomas, Dorothy, who married Francis Hall; Mary, who married Ed- 
ward Neale; Nicholas, Ann, Susannah, and Henry Lowe. Susannah 
Lowe married Charles Digges, and their daughter married Governor 
Thomas Sim Lee, the grandfather of Mary Digges Lee, mother of 
Governor John Lee Carroll. 

3 Robert Brooke was the son of Thomas Brooke, of Whitechurch, 
England, and Susan Foster, his wife, the daughter of Sir Thomas Fos- 
ter, and sister of Sir Thomas Foster, Jr., Lord Chief Justice of Eng- 



362 COLONIAL MARYLAND 

written memorandum which he left of his family, he says: 
"Robert Brooke, Esq., arrived out of England on the 29th 
day of June, 1650, in the 48th year of his age, with his wife 
and ten children". "He was the first that did seat the 
Patuxent, about twenty miles up the river, at De La Brooke. 1 
Besides his own family, he brought at his own cost and charge, 
twenty-eight other persons. 

The settlement was erected into a county, called Charles, 
and Mr. Brooke made its Commander. De La Brooke, con- 
taining two thousand acres, which formed the chief seat of the 
Brooke colony, was erected into a manor, with the right of 
Court Baron and Court Leet, and his oldest son, Baker Brooke, 
made lord of the manor. 2 

The house of De La Brooke stood about a mile from the 
river, on the brow of the hill, and about fifty yards north of 
the road leading from the present De La Brooke House to the 
Three-Notched Road. It was a commanding situation — the 
broad plains below; the river, with its curves, creeks, coves, 

land. He married, 1st, Mary, daughter of Thomas Baker, of London, 
and 2nd, Mary, daughter of Roger Mainwaring, Dean of Worcester, 
and Bishop of Saint David's. Robert Brooke was commissioned, by 
Lord Baltimore, Commander of Charles County, and a member of the 
Privy Council, before he left England, in 1650. Why he subsequently 
united with Cromwell's Commissioners for the reduction of Maryland, 
is a question upon which but little light has been thrown. It has been 
suggested that he was actuated by the belief that by accepting a position 
in the Cromwell Council he could the better serve and protect Balti- 
more's interests in the Province, but the latter did not so understand it, 
for he was quick in retribution, deposing him both as Councilor and 
Commander. The facts rather point to the conclusion that his religious 
sympathies were with the Cromwell party, and hence his attitude. 
Historians, generally, have assumed that he was a Roman Catholic, 
though Bozman says he was a "Puritan," and Allen, that he was a 
"High Church Protestant." Certain it is, that he stood very high in the 
confidence of the Cromwell party, in fact, as President of its Council, 
was practically made its leader; and his son, Thomas Brooke, was a 
member of the Council under the Royal Government in Maryland, as 
well as one of the first Vestrymen of Saint Paul's Parish, Calvert 
County. 

1 Memoirs of R. B. Taney, p. 25. 2 See Patent in Land Office. 



SAINT MARY'S COUNTY 363 

and islands, giving it a land and water view most imposing 
and picturesque. It was a brick building, about thirty by 
forty feet, one and one-half stories high, with steep roof and 
dormer windows. The rooms on the lower floor were hand- 
somely wainscoted, and the parlor was also embellished with 
massive wooden cornice and frieze, on which were carved in 
relief, roses and other floral designs. The house was de- 
stroyed about sixty years ago, but it still stands in the rec- 
ollection of many persons familiar with its quaint architec- 
ture and handsome finish. A mass of moss-covered bricks 
and an excavation still mark the spot where, for nearly two 
hundred years, stood the first manor house on the Patuxent. 
De La Brooke is otherwise noted as the place at which the Coun- 
cil, with Governor Charles Calvert, met on July 19th, 1662. 

The lower part of De-la Brooke manor, subsequently 
came into the possession of Henry Queen, John Ford and 
John Francis Taney; the mansion house and the upper part 
of the manor in Richard Boarman, 1 and later in his daughter, 
Catherine Brooke Boarman, wife of Major William Thomas, 
and a descendant of Baker Brooke, the first lord of the 
manor, and his wife Ann, the daughter of Governor Leonard 
Calvert. 

Adjoining De-la Broke, is Cremona, and, while a more 
modern estate, perhaps, than those embraced in the period 
under consideration, it should be mentioned because of its 
singular beauty, both in its picturesque location, and in the 
imposing and hospitable appearance of its attractive mansion. 

Higher up the river, is the fine estate known as "Trent 
Hall". 2 It was granted, in 1658, to Major Thomas Truman, 

1 Rent Rolls. 

2 On this old estate is the Truman and Greenfield grave-yard, noted 
as containing probably the oldest tombstones in Maryland. The earliest 
of them are to the memory of General James Truman, "who died the 
7th day of August, 1672, being aged fifty years" ; "Nathaniel Truman, 
Gent," who "died the 4th of March, 1678" ; Thomas Truman, "who died 
the 6th of December, Anno. 1685. Aged sixty years. The memory 
of the just is Blessed. Prov. y e ioch & ye 7 \-rse" • Mary, "wife and 
relict of Thomas Truman, Esq., who died the 6th of July, Anno. 1686, 



364 COLONIAL MARYLAND 

a member of the Privy Council. 1 When first granted it was 
called "Trent Neck", and contained six hundred acres, but 
in 1705, under a re-survey for his nephew, Thomas Truman 
Greenfield, it was enlarged to two thousand, three hundred 
and fifty-four acres. 2 

The "Plains", at first called "Orphans' Gift", situated 
on the Patuxent, above "Trent Hall", is an old estate of 

Aged fifty-two years"; Thomas Truman Greenfield, "who departed this 
life December 10th, 1733, in the fifty-first year of his age"; Walter 
Greenfield, "son of Colonel Thomas Truman Greenfield, and Anne his 
wife, who departed this life on the 28th of May, 1739, in the fourteenth 
year of his age. A Dutiful Son; the Glory of his Mother"; Captain 
Thomas Truman Greenfield, "son of Colonel Thomas Truman Green- 
field and Susanna, daughter of Kenelm Cheseldjnne and granddaughter 
of Thomas Gerrard, Esq., of Bromley in Lancashire, who died 29th 
of November, in the 23rd year of his age, A. D. 1744." 

1 Major Thomas Truman commanded the Maryland militia in the 
joint attack made by Maryland and Virginia, in 1763, upon the Indians 
on account of a number of murders alleged to have been committed by 
them, the Virginia forces being led by Colonel John Washington, 
Colonel Mason, and Major Alderton. On reaching the fort of the Sus- 
quehannoughs, Major Truman summoned their chiefs to a parley, and 
after receiving assurances that it was not they, but the Senecas, who had 
committed the outrages, expressed himself as satisfied with the truth of 
that statement. Thus assured, the chiefs returned to the colonial camp 
the next day, by which time the Virginia militia had arrived. They were 
again interrogated as to the affair, with the result that Colonel Washing- 
ton, and a large number of soldiers in both companies, became con- 
vinced, it would seem, that at least five of the Indians then before them, 
were guilty, and urged that they be at once killed. Truman protested, 
but it appears, ultimately yielded, and the five were taken out and toma- 
hawked. For this offense, Major Truman was arraigned before the 
Lower House, where articles of impeachment were brought against him, 
and the General Assembly convicted him of violating his instructions 
and commission. The two houses, however, being unable to agree upon 
the penalty — the Upper House insisting upon the death penalty, and the 
Lower House, upon a pecuniary fine only — he escaped punishment alto- 
gether, but the Proprietary dismissed him from the Council. 

Many historians have done Major Truman the — perhaps uninten- 
tional — injustice of simply recording the fact of his attainder and con- 
viction. But it is due to him that it be said, that the proceedings in his 

2 1st H. & J., Maryland Reports, p. 316. 



SAINT MARY'S COUNTY 365 

exceptional attractiveness. 1 It was, in its early history, the 
home of the Jowles family — a family which, though now ex- 
tinct in name, at least in Southern Maryland, was one of great 
distinction in the colonial annals of the State — but it subse- 
quently, through intermarriage, came into the possession of 

case indicate that he was largely the victim of policy, growing out of a 
desire to pacify the Indians, as well as a narrow construction of the 
terms of his commission. The testimony shows that Major Truman, at 
first, warmly protested against the act, and only yielded when he found 
the Virginia Commanders, as well as the soldiers, keen for what they be- 
lieved to be a summary act of justice, and when he thought further op- 
position useless, or, in the language of the reply of the Lower to the 
Upper House, when it was the result of "the unanimous consent of the 
Virginians, and the general impetuosity of the whole field, as well Mary- 
landers as Virginians, upon the sight of the christians murdered," * * * 
and the "very Indians that were there killed being proved to be mur- 
derers, both of them and several others," and further, when the act be- 
came a necessity to prevent a mutiny of the whole army. But the Upper 
House thought differently, and insisted that if Truman escaped lightly 
it would "not give any satisfaction to the heathens, with whom the 
public faith had been broke, and until such actions are in a more public 
manner disowned the Indians may take notice thereof." * * * "It is not 
to be expected that any faith or credit will be given to any treaties we 
shall have with them, which in this dangerous juncture of affairs, the 
country will stand in need of." — (Archives, Ass. Pro. 1676) pp. 475-481, 
485-493, 500-504.) That the Susquehannoughs held the Virginia, and 
not Maryland forces responsible for the occurrence, is fully attested by 
the fact that when they attempted to seek revenge, their whole aim was 
directed at Virginia, and resulted in the famous Bacon's rebellion. 

1 The "Plains" formerly embraced within its domain, the estates of 
"Chesley's Hill" and "Orphans' Gift," and in the old family grave- 
yard there, may be found tombstones bearing the following early in- 
scriptions : 

"Here lies Interred the body of Colonel Henry Peregrine Jowles, 
who departed this life the 31st day of March, 1720, in the 49th year of 
his age." 

"Here lies Interred the body of Mr. John Forbes, who departed 
this life the 26th day of January, 1737, in the 37th year of his age." 

"Here lies interred the body of Mary Sothoron, wife of Henry 
Greenfield Sothoron, only child of Major Zachariah Bond. Born the 
14th day of January, 1736, and died the nth of October, 1763, Aged 26 
years." 

"Under this trmb is deposited the remains of John Forbes, who 



366 COLONIAL MARYLAND 

the Sothorons, and for many generations has been their inter- 
esting homestead. The dwelling house — a capacious brick 
building, and erected, it is said, prior to the Revolution, by 
the Hon. Henry Greenfield Sothoron — is a unique and impos- 
ing specimen of colonial architecture. This old mansion still 
bears the scars of war, inflicted upon it in 1812, in a conflict 
between the British fleet and the Maryland militia stationed 
there, in the attempt on the part of the latter to prevent the 
fleet from going further up the river. 

On the opposite side of the Patuxent, and forming an 
interesting historical, as well as a picturesque feature of the 
landscape, and which can be seen from the Saint Mary's side 
of the river, may be mentioned Point Patience, once under 
consideration as the site of Maryland's Capital; the house of 
Richard Preston, the seat of government under the Puritan 
reign in Maryland ; Saint Leonard's Creek, famous as the 
scene of the heroism and exploits of Commodore Barney ; 
Brome's Island, near Saint Leonard's noted as the place se- 
lected for the execution of the first capital punishment in 
Maryland ; Calverton, but shortly afterward called "Battle 
Town", on Battle Creek, laid out as the first county seat of 
Calvert County, and which it continued to be until 1725, when 
the county seat was removed to William's Old Fields, called 

was born on the 19th day of March, 1757. He departed this life 
on the 31st day of Dec. 1804, in the 48th year of his age. He was a 
good man." 

"Maria Forbes, born 1803, died 1805." 

At "Chesley's Hill" is a stone bearing the following: "This monu- 
ment is erected to the memory of John Chesley of Saint Mary's County, 
who died December the 5th, 1767, in the 64th year of his age. He was 
magistrate of said County upwards of 30 years, during several of which 
he presided as judge of the Court, and always distinguished himself for 
ability and uprightness. 

"Beneath this stone the cold remains are laid. 
Of one who has the debt of nature paid, 
Truth as she passes drops the silent tear, 
Laments the Husband, Parent, Friend, 
Duty and love have thus inscribed his name. 
But virtue ranks it in the Book of Fame." 



SAINT MARY'S COUNTY 367 

Prince Frederic after 1728. Near Battle Town is the handsome 
Taney homestead, the seat of that distinguished family for 
many generations, and the birth-place of the illustrious Chief 
Justice Roger Brooke Taney, while separated from it by Battle 
Creek, is Brooke Place Manor, in later life the home of Gov- 
ernor Robert Brooke. 1 

Among the places of interest lying between the Patuxent 
and Wicomico rivers, should be noted "Forrest Hall", "Hilly 
Lee", "Indian Town", "Hamburg", and "Luckland", 
the latter, formerly a large estate, embracing among others, 
the beautiful homestead of Mr. John A. Barber. 2 

"Deep Falls", the Thomas homestead, is situated near 
village of Chaptico. In the proprietary grant, dated March 
26th, 1680, it was called "Wales", but when the improve- 
ment, known as "the falls", was completed, the name was 
changed to the one it bears to-day. The present mansion was 
erected by Major William Thomas, about 1745. It is, in ap- 
pearance, an English country dwelling house, and, while its 
builder aimed at massive simplicity, rather than architectural 
display, it is of graceful and pleasing design and finish. It is 
a large, double, two-story frame building, with brick founda- 
tions and brick gables to the upper line of the first story, when 
the brick work branches into two large outside chimneys at 
each gable end of the house. It is sixty feet long and forty 

Archives (Ass. Pro. 1662) p. 435; Bozman, 2, p. 205; Annals of 
Annapolis, p. 46; Memoirs Com.-Barney, pp. 256, 257; Archives (Test 
Pro. 1657) p. 545; Ibid, CI. Pro. 1669, p. 47; Ibid, Ass. Pro. 1682, p. 
280; Act, 1725, C. n; Act, 1728, C. 17; Memoirs R. B. Taney, p. 20. 

2 Dr. Luke Barber, the progenitor of the Barber family in Southern 
Maryland, came to Maryland in 1654, distinguished himself in the battle 
of the Severn, and for his bravery on that occasion, and his fidelity to 
the Proprietary throughout the Puritan rule in Maryland, he, together 
with Major Thomas Truman, William Barton and others, was made the 
subject of a special donation, each receiving one thousand acres of land, 
by order of Baltimore. In 1656, he was appointed a member of the 
Privy Council, and the following year, was promoted to the office of 
Deputy Governor of the Province, acting in the absence of Governor 
Fendall. He died before 1671. His widow married John Bloomfield, of 
Saint Mary's City. 



368 COLONIAL MARYLAND 

feet deep, with wide piazzas, front and back, running the 
whole length of the house, and supported by handsome, mas- 
sive pillars. 

On a line with the front of the house, is a long corridor, 
with a capacious wing, one and a-half stories high, and 
which constitutes the culinary department. The hall, as 
distinguished from a mere passage, is a feature that does not 
exist, it is believed, in any other colonial house in Saint Mary's. 
It is a large, well finished, square room, and is flanked on one 
side by a parlor, on the other by a dining-room, separated 
from it by a partition consisting of a series of folding doors, 
and in the rear by a long passage, running at right angles, 
into which it opens, and through which entrance is obtained 
to the back porch, by a door immediately opposite the front 
door, and the archway between the hall and the passage. 
The stairway is in the passage. Its sides are carved, with 
maple newel posts and rosewood top, surmounted with an ivory 
knob, rosewood rail, and bird's-eye maple balustrade, the two 
latter extending around the corridors above. 

In front, is the entrance to the house, through a gently 
ascending avenue, about forty yards wide and three hundred 
yards long, lined on each side with a row of ornamental trees, 
with a background of cone-shaped cedars. In the rear, are 
five falls, or terraces, each one hundred feet long and ten feet 
deep, which lead to a plateau below. About two and a-half 
acres of this plateau is the garden. It is Queen Anne in 
design, is artistically laid off, and, at one time, was highly 
ornamented with fine specimens of shrubbery and flowers. 
On the right and left of the house, is a broad lawn of about 
three acres, made picturesque by its gentle undulations, and 
its rich and varied foliage. "Deep Falls" is one of the few 
places in Saint Mary's, which is still in the family of its origi- 
nal proprietor, and the old graveyard there, dedicated to family 
burial more than a century and a half ago, contains within its 
sacred limits, the successive generations that have lived and 
passed away. 

"Basford Manor", or "Basford", as now called, sit- 



SAINT MARY'S COUNTY 369 

tiated near Chaptico, was granted to Dr. Thomas Gerrard, in 
March, 1650. 1 It was bounded as follows: "On the South 
with the Manor of Saint Clement's, on the west with the Wic- 
cocomoco River, on the north with a bay called Chapticon Bay, 
on the east with a line drawn southeast from a marked oak 
standing in a marsh, near the said bay, called Tapster's Marsh, 
unto the first fountain of Tommahkockin, or the fresh creek 
running into Saint Clement's Bay", and was laid out for 
fifteen hundred acres, but by a re-survey it was found to con- 
tain a much larger area. The annual quit-rent was fifteen 
bushels of corn. This manor was sold by Dr. Gerrard to 
Governor Thomas Notley, who, in 1678, laid off 300 acres of 
it as the "Manor Lodge", named it "Bachelor's Hope", and 
placed it in the possession of Colonel Benjamin Rozer, 2 a 
member of the Council when Governor of the Province, and 
who married Ann Sewall, step-daughter of Lord Baltimore. 
Governor Notley sold "Basford Manor" to Lord Baltimore, 
who conveyed "Bachelor's Hope" to Joshua Doyne, the re- 
mainder of the manor being subsequently divided up and sold 
as follows : 100 acres to James Mills, 100 to Notley Gold- 
smith, 100 to Michael Goldsmith, 100 to John Goldsmith, 100 
to John Reeves, 104 to Nathaniel Truman Greenfield, 200 to 
Benjamin Moulton, 200 to Edward Turner, 200 to John Smith, 
69 to Samuel Maddox, 150 to John Maddox, 277 to John 
Eden. 3 

The manor house, a frame building with brick gables and 
chimneys, one and a-half stories high, and steep gambrel roof, 
while unpretentious in exterior design, contained a great deal 
of handsome interior decoration, consisting of elaborate wood- 
carving. It occupied a commanding position on the Wicomico 
River. This old monument of colonial times, stood almost 
unchanged until a few years ago, when it was destroyed by 
fire. The road passing through "Bachelor's Hope" is still 
known as the manor road. In 1773, the manor house at 

'See Patent, Liber A. B. L. H. p. 166, Land Office. 

2 Rent Rolls, Saint Mary's and Charles County, 1, p. 41. 

3 Rent rolls, Saint Mary's County, 1, Manors, p. 29. 



370 COLONIAL MARYLAND 

Bashford, and about three hundred acres of the manor, came 
into the possession of Major William Thomas, Sr., 1 and it 
continued to be owned by his descendants until late in the 
present century, when it was disposed of, and that part of the 
manor known as ''Bachelor's Hope", purchased in its stead. 

"Notley Hall", on the Wicomico, and adjoining "Bash- 
ford Manor", was the home of Governor Thomas Notley. 
He sold it to Lord Baltimore, who owned it for many years. 
Baltimore was deprived of the use of it after the Protestant 
Revolution, in Maryland, but it was restored to him in 1692, 
by order of the Council. 2 Nothing remains, it is to be re- 
gretted, of the old Notley house, save a few broken yellow 
bricks, a brick under-ground passage-way, which led from 
the cellar to the river, about fifty yards below, to mark the 
spot on which it stood. 

"Notley Hall" is frequently mentioned in the early 
provincial records, and is a place of historic interest, as well 
as of rare and exceptional beauty. It may be interesting to 
note that among the references which the early records make 
to this old estate, is one of a visit to Lady Baltimore, at "Not- 
ley Hall", in 1683, by Mrs. Doyne, of "Bachelor's Hope". 3 

"Saint Clement's Manor" was granted, in November, 
1639, to "Thomas Gerrard, Gent", for many years a member 
of the Council, and one of the most prominent men in the 
Province. It contained, at first, Saint Clement's Island and 
the neck of land lying between the Potomac River, Saint 
Clement's Bay, and a line drawn from Saint Patrick's to Saint 
Katherine's Creek, in all about 1030 acres. In June, 1642, a 
second patent was obtained for the manor, by which it was 
extended over to the Wicomico River, and was made to em- 
brace all the land which lay between the "Potomack River", 
the "Wicocomoco River", Saint Clement's Bay", "Ger- 
rard's Creek", and "Tomaquoakin Creek", and a line drawn 
from the head of "Gerrard's Creek", 460 perches, to a Span- 

1 Deed, John Goldsmith to William Thomas, Land Office ; will, 
William Thomas, Saint Mary's County. 

2 Archives (CI. Pro. 1692) p. 311. 3 Ibid, 1683. p. 183. 



SAINT MARY'S COUNTY 371 

ish oak, "marked with twelve notches, standing on the head 
of Tomaquoakin run, or fresh creek", as well, also, as the 
island of "Saint Clement's, Saint Katherine's, and Saint 
Margaret's", 1 containing, as was supposed, 6,000 acres, but 
in reality embracing 11,400 acres. 2 

Saint Clement's was erected into a manor, Mr. Gerrard 
made lord of the manor, and vested with all the royalties and 
privileges usually belonging to manors in England, among 
them the right of Court Baron and Court Leet. It is worthy 
of note, that Saint Clement's has passed into history as the 
only one of the old Maryland manors whose records, to any 
material extent, have survived the ravages of time. The 
records, written in quaint old English, of the Courts Baron 
and Courts Leet, held on Saint Clement's, between 1659 
and 1672, have been preserved. They are in the Maryland 
Historical Society, and may be found herein printed in full in 
Chapter VIII, "The Judicial System of Colonial Maryland". 

Among the older estates carved out of Saint Clement's 
Manor, may be mentioned "Longworth Point", the Blackiston 
homestead, and the residence of Nehemiah Blackiston when 
President of the Council, in 1690 ; "Saint John", the Gardi- 
ner homestead ; "Little Hackley", the Shanks homestead ; 
"Bluff Point", the Coade homestead; "Mattapany", the 
Cheseldine homestead, 3 and "Bushwood", the Slye home- 
stead. At the latter place, then the home of Robert Slye, 

1 See Patents in Land Office. 

2 The Proprietary "quittrent" for Saint Clement's was at the rate 
of one shilling per annum for every fifty acres. The following interest- 
ing receipt has been preserved by the Maryland Historical Society : 

"March 8th 1659. Received then of Thomas Gerrard of St. Clem- 
ent's manor, the full summe of sixty pounds in full discharge of ten 
years rent ended at Christmas 1659 [for St. Clement's manor], the 
said being paid in Tob., at two pence per pound. 

" I say received by me, Phillip Calvert, Trer. 
"Witness William Ffuller, Ri. Even." 

3 Kenelm Cheseldine and John Coade were, perhaps, the most 
prominent leaders in the Protestant Revolution of 1688, and were 
both rewarded for their services in that connection. This preferment, 
and the subsequent history of the two men materially reflect upon the 



372 COLONIAL MARYLAND 

Speaker of the Lower House of Assembly in 1658, the Council 
of Maryland met, in 1659. 1 "Bushwood" occupies a pictur- 
esque position on the commanding elevation overlooking the 
Wicomico. The house, a capacious brick building with two 
large wings and four-sided roof, capped with balustrade ob- 
servatory, is strikingly imposing, and presents a charming 
specimen of colonial architecture. It at one time contained a 
great deal of handsomely-chiseled wood interior decorations, 
much after the design of those at "Sotterly", and said to 
have been the work of the same artistic hand, but this has, in 
recent years, been largely removed. Bushwood in 1669, passed 
from Robert to his son and heir Capt.Gerard Slye, and from him 
to his son George, who in 1773 devised it to his nephew Edmond 
Plowden. On this, then very large estate, and near what is 
now known as "Bushwood Wharf", was located the once 
promising port and town of Wicomico". 2 

On what part of "Saint Clement's Manor" the manor house 
stood has not been definitely ascertained, but it is believed to 
have been that part of it called "Brambly". Certain it is, that 
his son, Justinian, who was left in charge of the manor when 
Dr. Gerrard took up his residence in Virginia, and to whom 
he afterwards devised the greater part of it, lived there. In 
his will, dated 1685, he speaks of it as "my now dwelling 
house and plantation" on said manor called Brambly, 3 and as 
early as 1664, Dr. Gerrard himself referred to it as "Gerrard's 

question as to whether the real motive which prompted the move was re- 
gard for the public weal and in the interest of religion, as was alleged, 
or was in fact, a design to overthrow the Proprietary and entrench 
themselves in power. It has been well said in this connection, that "in 
times of revolution, men will rise to power, in whose mouths the alleged 
causes of revolution are but the watch-words to denote a party, or the 
calls to lure it on; and whose hearts have never joined the service of 
the lip. But, as naturally as the muddy particles which float upon it 
denote the perturbed stream, does the elevation of such men indicate 

Archives (CI. Pro. 1690) p. 206; Ibid, 1659, p. 383; will, Luke Gar- 
diner; will, John Coade; 4th H. & McH. Maryland Reports, p. 179, 1st 
Ibid, p. 153- 

2 Act, 1688, C. 6. s Will Record, Annapolis. 



SAINT MARY'S COUNTY 



373 



Brambly", 1 which, in connection with the further fact that 
Brambly appears to have been the name of the Gerrard home- 
stead in England, 2 gives both color and strength to the theory 
that the beautiful and splendid estate of that name, on Saint 
Clement's Manor, was also the seat of Dr. Gerrard, the first 
proprietor and lord of the manor. 

Of the style or character of the manor house at Saint 
Clement's, nothing is known, but it is highly probable that it 
was built of brick, as Dr. Gerrard employed a brick-maker on 
the manor, in 1643, 3 and which, it may be added, is the earli- 
est reference the records furnish of brick making in Maryland. 
Saint Clement's Manor is also historical by reason of the fact 
that it was the spot on which the notorious rebellion of Gov- 
ernor Josiah Fendall was enacted. The details of this tragedy 
are given in Chapter III, "The First Capital", but it should 
here be noted, that the Legislature, through which this nefa- 
rious scheme was to be carried out, met for the purpose at the 
residence of Mr. Gerrard, on Saint Clement's Manor. The 

the over-excitement of the movement, and diminish the force of its alle- 
gations against those at whom the revolution is aimed." — (McMahon, p. 
238.) Sheseldine was made Speaker of the Protestant Convention, 
which assembled immediately after the close of the revolution, and also 
of the first Assembly convened under the Royal Government, in 1692 ' 
he was also appointed Commissary General of the Province, from which 
office he was dismissed, in 1697, "for carelessness and negligence in 
office."— (CI. Pro., H. D., Part 2d, p. 539.) What applied to him in 
office, seems to have developed in the case of his only son, Kenelm 
Cheseldine, into "carelessness and negligence" in morals. — (See 1st 
H. & McH. Maryland Reports, p. 103; 4th Ibid, p. 314; 2 Bland, p. 76.) 
After the Revolution, Coade was made a Colonel of the militia, and 
also Receiver of Customs for the Potomac District, and, at the same 
time, was "asserting that religion was a trick, reviling the Apostles, 
denying the divinity of the Christian religion, and alleging that all 
morals worth having were contained in Cicero's offices." For this 
grossly blasphemous conduct, he was dismissed from office, and was 
presented by the grand jury of Saint Mary's County, for "atheism and 
blasphemy."— See Liber H. D. Part 2d, pp. 393-397- 
1 1st H. & McH. Maryland Reports, p. 112. 

2 Tombstone of Thomas T. Greenfield, at Trent Hall. 

3 Archives (CI. Pro. 1643) p. 213. 



374 COLONIAL MARYLAND 

second day of the session, it adjourned to a house owned by 
Mr. Robert Slye, at Wicomico, before mentioned, and it was 
there that independence was formally proclaimed, and that 
Fendall issued his famous proclamation as Governor of the 
little Republic of Maryland. 1 

As the active friend and ally of Fendall, in this conspir- 
acy, Mr. Gerrard was tried, convicted, and sentenced to ban- 
ishment, and confiscation of Saint Clement's Manor, and his 
other property in Maryland. The sentence, however, was 
commuted, and the order of confiscation dismissed, but he was 
politically disfranchised and prohibited forever from again hold- 
ing public office. 2 After this Mr. Gerrard moved across the 
Potomac into Virginia (leaving Saint Clement's in charge of 
his son, Justinian Gerrard), where he, in 1670, with John Lee, 
Henry Corbin, and Isaac Allerton, erected a "banquetting 
house" at the corner of their respective lands. 3 In his will, 
dated 1672, he requested to be buried in Maryland by the side 
of his wife, Susanna, who was probably buried on Saint Clem- 
ent's Manor. Mr. Gerrard was himself a Roman Catholic, but 
his wife, as well as a large number of the freeholders and 
tenants on Saint Clement!s were Protestants, 4 and a Protest- 
ant church was erected there, on Saint Paul's Creek, as early 
as 1 642.° 

After the death of Mr. Gerrard, information reached the 
Proprietary that Saint Clement's contained a much larger area 
of land than was set forth in the patent. A re-survey of the 

1 Ibid, Ass. and CI. Pro. 1659. 

2 Ibid, CI. Pro. 1660, p. 402. 

3 Meade's Virginia, 2, p. 146. 4 Day Star, p. 58. 
5 Who Were the Early Settlers of Maryland. 

Dr. Thomas Gerrard married, 1st, Susannah Snow, sister of Jus- 
tinian and Abel Snow, and 2nd, Rose Tucker, widow of John Tucker, 
of Virginia, who died in 1671. She left children by her first marriage — 

Sarah, who married Blakiston, and Rose, who married William 

Fitzhugh of Virginia. — (Virginia Historical Society, Vol. 1, No. 3, 
January, 1894, p. 269.) Dr. Gerrard died in December, 1673, leaving by 
his first marriage, sons Justinian, Thomas, and John, and daughters Su- 
sannah, who married 1st, Robert Slye, and 2d, John Coade ; Elizabeth, 
who married Nehemiah Blackiston, and Mary, and a grandson, Gerrard 



SAINT MARY'S COUNTY 375 

manor was ordered, by which it was ascertained to contain 
11,400 acres, being 4,500 acres more than Mr. Gerrard had 
been paying the "annual quit-rent" upon. 

A scieri facias was issued against Mr. Justinian Gerrard, 
his son and heir-at-law, and in 1678, the Provincial Court 
decided that the patent had been "unduly and illegally ob- 
tained", and ordered it to be cancelled. A new patent was, 
however, issued to Mr. Justinian Gerrard for the manor, with 
a "quit-rent" based on the correct acreage. Saint Clement's 
Manor was, in 1710, purchased by Charles Carroll, and the 
last official notice we have of it as a manor, is to be found in 
the celebrated case of Carrall and Llewellin, in 1750, over 
that part of it embraced within the limits of the estate called 
Brambly. 1 

Near Saint Clement's Manor, but not a part of it, was 
"Bushwood Lodge", noted as the early homestead of the 
Key family in Maryland," and was at one time distinguished 
for the high character of its improvement. The mansion house, 
erected, it is said, about 1730, by Philip Key — the progenitor 
of the family in Maryland, a lawyer of first rank, and a mem- 
ber of the Privy Council — enjoys the reputation of having 
been one of the handsomest houses at that time in the Prov- 
ince. The parlor walls, tradition says, were made of alternate 
panels of carved wood and mirror. It was destroyed by fire 
early in the present century, the house now there being the 
second to occupy the place of the original. 3 

Peyton. — (See his will, Will Record, Annapolis.) His sons Justinian 
and Thomas both died without issue. John, his third son, left issue, 
Susannah, who died unmarried, and John, whose widow Jane, married 
Richard Llewellin, father of John Llewellin, of Brambly. — (Paper in 
possession of the Author, submitted to Thomas Stone, before 1750, 
for legal opinion as to heirs-at-law of Dr. Gerrard.) 

1 1st H. & McH. Maryland Reports, p. no. 

- See will of Philip Key, 1764, Will Record, Saint Mary's County. 

3 The fact should not go unnoticed, that at "Bushwood Lodge" 
were born and reared, among others, Edmond Key, Attorney General of 
Maryland and a member of the committee which drafted the famous 
instructions for the Stamp Act Congress ; Thomas Key, the father of 
Judge Edmond Key ; and Francis Key, the father of Philip Barton Key, 



376 COLONIAL MARYLAND 

For an account of "Newtown Manor", or "Little Bret- 
ton", as officially named, see Chapter IX, "Some of Mary- 
land's Early Churches". 

"Tudor Hall", the Key homestead, is situated near 
Leonard-Town. It was originally the home of the Barnes 
family, and on it may still be seen, the ancient tombstones, 
covering the graves of Major Abraham and Colonel Richard 
Barnes, two of early Maryland's most distinguished sons. 
The house, a handsome brick building, occupies a promi- 
nent and strikingly-pleasing position, overlooking Bretton's Bay, 
and is conspicuous for the graceful design and dignified sim- 
plicity of its architecture and finish. 

Near it is a grove of stately oaks — sentinels of the prime- 
val forest — one of which, a majestic white oak, is said to 
measure twenty-nine feet in circumference. 

"Porto Bello" was the Hebb homestead. It is on the 
Saint Mary's River, nearly opposite Saint Mary's City. The 
house stands on a graceful eminence near the river, and com- 
mands an extensive and rarely beautiful view of both land and 
water. It is a large frame building, with brick foundations 
and gables, hipped roof, and semi-dormer windows, and pre- 
sents an interesting specimen of colonial architecture. The 
interior finish, while not elaborate, is unique and handsome, 
and over the parlor mantel, built in the brick wall, is a large 
mirror, said to have been placed there when the house was 
erected. 

Local history and family tradition say, that William Hebb, 
his friend, Lawrence Washington, and his neighbor, Edwin 
Coade — midshipmen in the British navy — on their return, after 
the war between England and Spain, named their estates after 
persons and places connected therewith, Hebb calling his "Porto 
Bello", in honor of the celebrated battle of that name, in 
which he was engaged; Coade naming his "Carthegena", 
after the noted Spanish town of that name; and Washington 

the distinguished jurist and statesman, and Ann Ross Key, wife of Chief 
Justice Roger Brooke Taney; and Francis Scott Key, author of the 
"Star Spangled Banner" — that national anthem whose "martial and in- 
spiring strains" that have long since encircled the earth. 



SAINT MARY'S COUNTY 377 

giving his the name of "Mount Vernon", in compliment to 
Admiral Vernon, under whom they all served. 

Among the other ancient estates in Saint Mary's may be 
mentioned, "Evelynton Manor", in the "Baronie of Saint 
Marie's", at Piney Point, granted to Hon. George Evelyn, in 
1638 ; "Forrest Lodge", in Saint George's, granted to Patrick 
Forrest, in 1665 ; "Dryden", adjoining West Saint Mary's 
Manor, granted to Kenelm Cheseldine, in 1676; "Hunting 
Creek", adjoining Park Hall", granted to Hon. Thomas Hatton, 
in 1654; "Snow Hill", near Saint Mary's City, granted to 
Abel Snow, in 1637 ; and the manors of "West Saint Mary's" 
opposite Saint Mary's City, containing 1730 acres ; "Beaver 
Dam", between Indian Bridge and Leonard-Town, containing 
7,680 acres ; and "Chaptico", on the northwest side of Chaptico 
Bay and Run, containing 6,110 acres. These manors belonged 
to Lord Baltimore, and were retained by the Baltimore family, 
almost in their entirety, until the American Revolution. 



Appendix 



A S shedding light upon the escapade referred to in note on pages 
36 and 27 — that of breaking open the old Vault, at Saint Mary's 
— the following letter, accidently discovered, and never before 
published, is of historic interest and value. The letter, dated August 
ist„ 1799, was written by one of the participants, Dr. Alexander Mc- 
Williams, to his mother. The author was then a student of medicine 
under Dr. Barton Tabbs, who resided at Tabb's Purchase, afterwards 
known as White Plains, near Saint Mary's City, and who was the son 
of Rev. Moses Tabbs, for many years Rector at William and Mary 
Parish. Dr. McWilliams afterwards served as surgeon in the navy, and 
subsequently located in Washington City. This letter, still in excellent 
preservation, is now in the possession of his nephew, Mr. James Mc- 
Williams, of Saint Mary's County. That part of it relating to family 
matters, is, of course, here omitted : 

August 1 st, 1799. 
Dear Relations :— 



The oldest people now living, have for many years past spoken of a 
vault that was at Saint Mary's Church, in which was one of the first 
American governors and his lady, who were in leaden coffins and em- 
balmed for the purpose of being sent and interred in England, but being 
disappointed in passage there, it was determined a vault should be 
erected and they enclosed therein, the door locked, and the key thrown 
into the river. This was the account which was handed us from the 
oldest people now living, who had been informed by their fathers, and 
they got it from their fathers, etc., but none of them remembered their 
names. Into this curious affair, Doctor Tabbs and Mr. James Biscoe 
were determined to search but never did. I hearing it mentioned pro- 
posed to Mr. George Campbell to accompany me there and open it, 
which request he willingly agreed to. Our intention was communicated 
to Mr. James Biscoe, Basil Biscoe and Doctor Tabbs who were all 
pleased with it and agreed to join us. Agreeable to appointment the 
27th instant, all except Doctor Tabbs were there by 9 o'clock and nearly 
twenty others, although we were private as we could be or thought 
necessary. We first began to dig down as low as the door, but the 
ground being hard prevented us. The attempt was then made on top 
which was below the surface of the earth. However, after near four 



380 APPENDIX 

hours of excessive hard labor, we opened a small hole, and heard the 
bits of bricks rattle down on the coffins. I peeped in and saw two 
along side of each other. The hole being made larger, Mr. Campbell 
with a rope was let down and I followed him and to our astonishment 
we saw the coffins were of wood, the planks of which were easily sep- 
arated, which we did, and behold it contained most elegant leaden 
coffins, the smaller of which was by a rope, with difficulty got out 
and conveyed to a shed close by where awaited the spectators anxious 
to behold the contents. We removed the lid and to our surprise saw 
within it another coffin of wood. The lid of this being knocked off, we 
saw the winding sheet perfect and sound as was every other piece of 
garment. When the face of the corpse was uncovered it was ghastly 
indeed, it was the woman. Her face was perfect, as was the rest 
of the body but was black as the blackest negro. Her eyes were sunk 
deep in her head, every other part retained its perfect shape. The loss 
of three or four of her upper fore teeth was supplied with a piece of 
wood between. Her hair was short, platted and trimmed on the top 
of her head. Her dress was a white muslin gown, with an apron 
which was loose in the body, and drawn at the bosom nearly as is 
now the fashion only not so low, with short sleeves and high gloves but 
much destroyed by time. Her stockings were cotton and coarse, much 
darned at the feet, the clocks of which were large and figured with half 
diamonds worked. Her gown was short before and gave us a view of 
all her ankle. Her cap was with long ears and pinned under the chin. 
A piece of muslin two inches broad which extended across the top of 
her head as low as her breast, the end was squared and trimmed with 
half inch lace as was the cap. The body was opened and the entrails 
removed and filled with gums and spice, and the coffin filled with the 
same. She was a small woman, and appeared delicate. In the coffin of 
the man was only the bones which were long and large. His head was 
sawed through the brain removed, and filled with embalmment, but he 
was not so well done as the other, or had been there much longer as 
he was much more gone. The winding sheet of the body was marked 
in such letters as these 



* ^ 



* 



on the lid was such as these A *¥" AT The vault was 

nearly ten foot square, nicely /\ * I J arched with a 

brick floor. We saw where * the door was 

but it was bricked up. The air in there 



APPENDIX 381 

was cool and impregnated with a sweet balmy smell, originating from 
the coffins, but I thought proper to sprinkle it with rum. The length of 
time that these bodies have been here must have been two hundred 
years or more as we have not the smallest account who they were more 
than what I have mentioned. Since writing the above I have heard a 
man say who is sixty years of age, that it was one Copely. He got 
his information from his father who was eighty years of age when he 
died, and his was handed him by his great grand father who built the 
vault and came in as a servant to this Copely. This seems to be the 
best account, and mosjt probable. After spending the day in hard labor 
we replaced them as before, and returned home, all acknowledging 
themselves perfectly satisfied and abundantly rewarded for their trouble. 
Numbers since regret their not knowing it as they might have been 
there. Others wish it again opened, and some are displeased at its being 
opened at all. 

****** *** 

ALEXANDER McWILLIAMS. 



Index 



A Page 

Abington Creek 326, 355 

Abington, John, Gent., curious 

warrant to note 99 

Acknowledgments, See deeds. 

Addison, Col. Thomas 357 

Admiralty, Court of 134 

Alderman of St. Mary's City.. 22, 61 

Allerton, Col. Isaac 374 

All Faith Parish 201, 206 

All Saints Church 198 

Alms House 326 

Anacosta 18 

Appeals, Court of 143,146 

Appeals, Right of 143, 145 

Ark and Dove 9, 10 

Assize, Courts of • • 135 

Assembly, The General 48-49 

Attorneys, Regulation as to 141 

Augusta Carolina 317 

B 

Bachelor's Hope 369 

Bailiff, Court 116 

Baltimore, Lady note 351 

Baltimore, Lords, instructions of, 
14; report of, note, 22; makes 
religious toleration cardinal 
rule, 69; home of Charles, 
43-350; marriage of, note 351, 

wills of • • note 96 

Barber, Dr. Luke note 367 

Baron and Leet, Courts of.... 122 
Barnes, Major Abraham and Col. 

Richard 339. 34*, 376 

Barney, Commodore 366 

Bashford Manor 369 

Battle Creek 366 

Battle of the Severn 54 

Battle Town 366 

Beall, Brig.-Gen. Resin 242 

Beaver Dam Manor 377 

Blackiston's Island, identified as 

St. Clement's 12, 13, 14 

Blackiston, Col. Nehemiah, 

12, 58, 60, 200, 371 

Blackiston, James T -note 346 

Blackiston, Gov. Nathaniel 338 



Page 

Bladen, Hon. William note 350 

Bluff Point Estate 198, 37* 

Burrough, English local mode of 

inheritance • • . .note 103 

Bowes, Timothy 340, 341 

Bowles, Hon. James note 357 

Bozman, John L 11, note 112, 319 

Brambly Estate . . 327, 37^, 373, 375 

Brandy wine, Battle of 268, 269 

Brent, D'ep. Gov. Giles 44 

Brent, Mistress Margaret 26, 44 

Bretton, Hon. William, 216, note, 218 

Brice, Jacob, Adj. Md. Line 240 

Brome, Dr. John Mackall. . .note 45 

Brome's Island 366 

Brooke, Hon. Baker, marriage of, 

• • note 53 

Lord De La Brooke Manor... 362 
Brooke, Gov. Robert, pres. of 
Council, 54; commander of 
county, 318; deposed, 318; re- 
ligion of, 361 ; home of 362 

Brooke Place Manor 366 

Budds (or Birds) Creek 320 

Bushwood 198, 372 

C 

Qalvert, Lady Jane 35 1 

Calvert, Gov. Leonard, makes 
treaty with Indians, 16 ; laid 
out first town, 16; his home, 
26; his manors, 349; aids in 
laying foundation of govern- 
ment, 52 ; enforces religious 
toleration, 70; First Chief Jus- 
tice, in; driven to Virginia, 
70; expedition against Clai- 
borne, 235 ; death of, 52 ; life 
and character of, 52, 53 ; fam- 
ily of, 53; Monument of, 65; 
son and daughter of note 53 

Calvert, Hon. Philip, appointed 

governor 56 

Home of 46 

Chancellor 46 

Marriage of ....■• note 351 

Calvert County 318, note 354 



3§4 



INDEX 



Page 
Calverton Manor and Town, 107, 466 
Camden, Battle of, 284, 285, 286, 295 
Cannon from Fort St. Inigoes.. 221 
Canon, 4, Title, 2, not in force, 

note 186 

Capital, Maryland's First, loca- 
tion of, 19; erected into a city, 
22; map of, appendix B; char- 
acter of improvements, 22 ; 
houses, public buildings, 24, 47 ; 
political history of, 48-50; an 
historic battlefield, 50-51 ; re- 
moval of, 60-62; historical im- 
portance of . . • • 67-68 

Carberry, Rev. Joseph 221 

Carroll, Arch. Bishop note 355 

Carroll, Charles of Carroll, 

note 241, 307, 355 

Carroll, Gov. John Lee. .... .note 361 

Carthagena 376 

Carvel, Atty. Gen. Robert 42 

Castle, The Governor's 41 

Causin, J. M. S 347 

Caution Money 88 

Cedar Point 355 

Certificates, Land ...... 89 

Chancellor ill, 132 

Chancellor's Point, View of--.. 16 

Place of first landing 16 

Chancery, Court of 132, 134 

Chapel, The first, used conjointly 
by Protestants and Roman 

Catholics • • 37, 39 

Later history of 39, 40 

Its graveyard a place of burial 40 
Chapel of St. Clement's Manor 198 
Chapels of Ease, 198, 203, note, 206 

Chaptico Manor 377 

Chaptico Town • • . . 198, 3^7 

Chaptico, King of note 327 

Charter, First Municipal 22 

Charlotte Hall 335, 338 

Cherry Field Point • • 344 

Cheseldine, Kenelm 44, note 372 

Chesley's Hill 366 

Churches, Early 190, 223 

Church Endowments, Early, 194, 198 
Church Establishment, Acts re- 
lating to, 154, 189; character of, 
note, 164, 165 ; clergy under, 
176, 177; their tenure, 174, 176; 
induction of, 175, 176; Mary- 
land and English contrasted, 
165, 179; tax under, 172, 180; 



Page 
swept away by Revolution, 180 ; 
new conditions after, 180, 189; 
law applicable to- -...note 161, 185 
Church Tax, Controversy over, 

note 179 

Church, Trinity 35, 36 

Church Wardens 161, 162 

Clergymen, Protestant first in 

Province 154, 155, note 155 

Tenure of 170 

Character of 176, 177 

Names of 195, 200, 204, 208 

Clerks of Courts 115, note 346 

docker's Fancy 47 

Coade, John •• 58, note 371 

Cohongoronta, Early name of 

upper Potomac note 18 

Commissary General 132 

Coin, Early Maryland note 57 

Conveyancing, Methods of 

•• 100, 102, 103 

Colors, for Counties note 321 

Cool Spring 335, 338 

Copley, Thomas note 81, 219 

Copley, Sir Lionel, first Royal 

Governor, 59, 60 

Death and burial of --note 60 

Copley Vault note 60, ap. A 

Confiscation, Acts of 95, 96 

Cornfield Harbor 349 

Cornwallis, Capt. Thos., 36, notes, 

•••••• 52, 35o, 344 

Council of Safety •■.. 340, 341 

Council Chambers 28 

Court Houses, Ordered Built. ... 117 

At Leonardtown 322, 324 

Courtes, Capt. John. ......... 60-138 

Courts, See several titles of Ad- 
miralty, Assize, Baron and 
Leet, Chancery, County, Oyer 
and Terminer, Prerogative, 
Provincial Court of Appeals 
and King in Council County 
Court, organization of, 114, 
115; judges of, 116; their com- 
pensation, 116; oath of, note, 
119; quorum of, 116; terms of, 
117; administrative duties of, 
117, 118; rules of, note, 117; 
jurisdiction of, 119, 120, 121; 
appeals from, 121; appeals to, 113 

County Committee 341 

Cowpens, Battle of 289, 293 

Cremona Estate 3^3 



INDEX 



38: 



Page 

Crier, Court ....■• 116 

Cromwell's Commissioners. 54, 228 

Cross Manor 350 

Cuckholds (St. Cuthbert's) Creek 
• • • ■ 356 

D 

Dalrymple, Confounds St. Clem- 
ent's with Heron Island II 

Darnall, Col. Henry, Eleanor 
Brook, Mary, John, Robert, 

354, note 355 

Deeds, Acknowledgment and En- 
rollment of • • 101, note 101 

DeBoore, Brig.-Gen 266 

Deep Creek ■ • 349 

DeKalb, Gen. Baron 284-286 

Deep Falls 367, 368 

De La Brooke • • 362, 363 

Descent, Rules of 102 

Digges, Col. William, Sec'y of 
Province, 28; in command of 
St. Mary's at time of its evac- 
uation, 1689, 58; his manor the 
site of Fort Wafburton, now 

Fort Washington note 351 

Districts, Laying out of 321 

Dorsey, Clement • • 347 

Dryden Estate 377 

Ducking Stool 117 

Dulaney, Daniel, His Masterly 
Contribution to ante-Revolu- 
tionary Literature note 241 

Dunmore's Fleet • • 343 

E 

Early Court Officers 344 

East Saint Mary's 44 

Escheats • • 9 T 

Egerton, Charles • • 349 

Enrollment of Conveyances 101 

Entailments 104 

Eutaw Springs, Battle of . . 296, 297 

Evelyton Manor 377 

F 

Fealty 91 

Fendall, Gov. Josias, Rebellion of 

55, 56, 373 

Fenwick's Manor ....•• 357 

Flag, The Maryland, Design of, 

• • opp. 234 

Early uses of 235 

Fines 92 

Fleet, Capt. Henrv • • . . . 15 



Page 

Ford, Capt. Benj 294 

Forrest Hall 367 

Forts Camden and Watson • • . . 295 

Forts Miffen and Mercer 271 

Fort St. Inigoes 24, 220, 221 

Fort Saint Mary's 24, 25 

Fort Warburton 351 

Fort Washington ..... 257, 258, 351 
Frederick County Court. .. .note 241 
French Alliance, The, 

272-276, 298-300 



Garrison Mattapany 59, 352 

General Court, Established 146 

Abolished 146 

Gerard, Dr. Thomas. . 12, 70, 370-372 
Germantown, Battle of .... 270, 271 

Gerard, Justinian 374, 375 

Gerard's Creek 370 

Gibbett Hill note 332 

Gist, Col. Mordecai, his Hero- 
ism at Long Island 245, 246 

Glebes • • . 167, 193, 194, 198, 207 

Graveyards, Early, 40, 193, 194, 
203, 217, 222, 353, note 361, 363, 
364, 365, 368. 

Green's Rest 45 

Greene, Gen. Nathaniel, super- 
seded Gates in Command of 

Southern Department 287 

His campaign one of the most 
brilliant in the war for inde- 
pendence 290, 208 

Ground Rents . . • • 93-95 

Guilford Court House, Battle 
of 293, 294 

H 

Hamburg 328, 367 

Hanson, Pres. John-. note 241 

Harford, Henry, last Proprietary 

of Md 95, 96 

Harlem Heights, Battle of 255 

Harvey Hundred and Town, 321, 326 

Heron Island 11, 12 

Howard, John Eager, the Hero 

of Cowpens • ■ 290, 296-297 

Hundreds, Civil Division 321 

Hunting Creek 377 

I 

Indentures • • 102 

Indians. Characteristics and Hab- 
its of, note, 10, II; religion 



3 86 



INDEX 



Page 
of, note, 16; names of, note, 
18 ; manners of, 107 ; money of, 
note, 107; attempted coloniza- 
tion of 107 

Indian Town Estate 367 

Induction, Its uses and Abuses, 

170, 171, 176, 184 

Ingle, Richard 51 

Inheritance, Modes of, 102, 103, 
note 103 

J 

Jail, First Erected 34 

Jail at Leonardtown 324. 325 

Jellie's Tavern 34 

Jenifer, Daniel, Home of 28 

Jesuit Fathers, note 49, note, 81, 

notes 219, 221 

Jones, John Paul 276 

Jordan, Jeremiah 339. 34 2 

Judges, Appointment and Comp- 
ensation of, 116, 132, 136, 140; 
character of, 153; oath of, note, 119 
Judicial System, Development of, 

115, 122 

Various courts under, 112, 113, 
122, 130, 133, 135, 137, 144. 
146; Characteristics of, 147- 
153- 
Jury, Selection and Compensa- 
tion of, 118, 139, 140; right to 
trial by, 118; of manorial 

courts 122 

Justices of the Peace 113-117 

Jutland, Estate 35° 

K 

Key, Hon. Edmund 343 

Key, Hon. Philip 344, note 

346, 347, 375- 

Key's Creek 24, 37, 45 

King and Queen Parish.... 192-201 
King in Council, Appeals to, 

• -note 144 

King's Mountain, Battle of . . 288-289 



Lafayette, Marquis, 266-273, 296-300 
Land Office, Establishment of . . 90 

Records of 97 

Land Tenure, Character of, 
81-86 ; how and by whom land 
could be obtained, 86-90 ; in 
what quantity, 86-88; methods 



Page 
of transferring, 100-103; de- 
scent of, 103, 104; system aris- 
tocratic in tendency 107-110 

Law Chambers 28 

Laws of Province 79-m 

Lee, Light Horse Harry.... 280-297 
Leonardtown, History and map 

of 322-325 

Levy, First County 321, 322 

Lewger, Sec'y, John, his home. . . 42 
Conflict with Jesuits ...... 78-80 

Little Bretton Manor 218 

Livery of Seizen 100 

Long Island, Battle of 245-252 

Longworth Point 37 1 

Lowe, Susannah Maria note 261 

Lowentown 3 2 7 

Luckland 367 



M 



Mail Route, The First 330 

Manors, Privileges and Powers 

incident to 83, 101, 108 

Manorial Courts. .. .122, note 122-131 

Map of Leonardtown 325 

Map of St. Mary's City app. B 

Marriages, Early Records of, 

note 209-217 

Market Square 37 

Maryland, Area of note 86 

Loss of Territory note 86 

Maryland Reports, Early . . 144, 145 
Maryland in the Revolution, 238, 

239, note 241-243 

Maryland Line, One of the Few 
Uniformed and Well Disci- 
plined Organizations in the 
American Army, 243 ; its her- 
oism and valor, 240-302 ; bat- 
tles, 240-302 ; relied upon by 
Washington for the most haz- 
ardous duties, 243 ; Greene's 

high estimate of 297 

Mattapany Street, and Estate, 

24, 40, 42 
Mayor and Aldermen of St. 

Mary's City 61, note 61 

Middlebrook, Washington at, 266, 267 

Middle Street ■ • 27, 29, 37 

Mills, Early 36, 37, note 37 

Monmouth, Battle of 273, 274 

Money, Various Kinds in Use, 57 

note 57, 229 

Morecroft, John 22 



INDEX 



387 



Page 

Morristown 264 

Mortmain, Statutes of in Force, 

79, 80, 88 
Mulberry Tree, Historic old, 32, 33, 65 

N 

Newtown Manor and Church, 216-218 
Nicholson, Governor Francis, 

60, 62, 337 

Ninety-Six, Battle of 295, 296 

Notley Hall 370 

Notley, Governor Thomas, 22, 369, 370 
Nuthead, Richard, The First 
Printer 58 

O 

Oyer and Terminer Court of 135 

Oath of Fidelity reserved Liber- 
ty of Conscience • • 73 

Oath of Governor prescribed 
Strict Observance of Tolera- 
tion 70 

Oath of Judges note 119 

P 

Palatinate, Maryland a 83 

Nature of note 83, 84, 85 

Parishes, Province divided into, 

.' note 171 

Patents for Land, how obtained. . 89 

Peake, Indian Money 107 

Paulus Hook 280, 281 

Piepoudrie, Court of ...... . .note 38 

Pillory •• 117 

Pine Hill River, located... 318, 3*9 

Piney Neck Estate 349, note 349 

Plains, The 364 

Plater, Hon. George 357, note 357 

Plater, Governor George, 358- 

• • 360, note 358, 359 

Point Patience 366 

Point Lookout 9 

Poplar Hill Church ...... 192, 196 

Preston, Seat of Government un- 
der Puritans 366 

Primogeniture, Law of, 102, 104, 

notes 103, 104 

Princeton, Battle of 263 

Prince Frederick 366 

Printing Press SI, 57. 58 

Protestant Revolution 58, 59 

Provincial Court 137-151 

Judges of 138 

Public Roads, Early 329, 330 



Q Page 

Queen Tree, Place 327 

Quia emptores, Statute of.. note 85 
Quigley, Capt. John, Builder of 

First State House 29-30 

Quit Rents 1 5, 94, 95 

R 

Rawlings, Col. Moses at Fort 

Washington 257 

Relief 92, 93 

Religious Denominations, Rela- 
tive Early Growth of, note, 171, 172 
Religious Toleration in Early 

Maryland 60-76 

Rent Rolls 97 

Resolutions, Stamp Act 343 

Resurrection Manor 356 

Rifle Companies, The Md. Skill 

in Marksmanship 239, 240 

Revolutionary Fund 344 

Rhode Island note 73-74 

Roads, Early Public 329-330 

Roanoke, Indian Money, ... .note 170 

Rock Creek Parish 208, 209 

Roman Catholic Places of Wor- 
ship 37-Ai, 21S-222 

Rosecroft 47 

Rousby, Col. Christopher ...... 353 

Rousby Hall 354 

Rousby, Col. John 353, note 354 

Royal Government 59-6o 

S 

Sacred Heart Church • • 222 

Saratoga, Battle of 267, 277 

Seal, The Great, unique, 223; the 
first seal lost, 223 ; Great seal 
of 1648, 224; captured, but re- 
stored, 228 ; lesser seal at arms, 
229; stamped on money, 230; 
Great seal retained after Revo- 
lution, 230, 231 ; new seal 
adopted, 231, 232; second new 
seal, 232; third seal after 1648. 
232 ; the one now in use, 232, 
233 ; illustrations of, 225, 228, 
229, 230, 234 ; description of, 
224-227; under royal govern- 
ment, 231, 232 ; great seal of 
the United State.; . .notes 230-233 
School System, Early, 335-338, 

note 338 

Separation of Church and State, 
worked out by Maryland. . 77, 78 



3 88 



INDEX 



Page 
A momentous issue ....••.... 77 

How accomplished 77-8o 

Baltimore at war with Jesuits. 

80, 81 

Sheriff's, Their Appointment and 

Duties •• 114. ii5, "8 

Smallwood, Gen. William, Com- 
mander of Maryland Line and 
second in command of South- 
ern Department, 240, 243, 246, 
note 248, 253-256, 259, 266, 
268, 270, 274, 285-287, 289, 297, 
300. 

Sotterly 35", 357 

Spring, Governor's 4 s 

State House, Maryland's first, 

29, 30, 31 

Picture of 32 

Grant of 64 

Destruction of 65 

Staten Island, Battle of 268 

Stocks ••• "7 

Stewart, Major Jack, Storming 

of Stony Point 279 

Stewart, The Peggy • -note 241 

Stony Point, Storming of . . . 279, 280 

Susquehanna 353 

Saint Aloysius Church 222 

Saint Andrew's Parish.^... 205, 208 
Saint Clement's Island, an his- 
toric spot 11 

Rescued from oblivion 12, 13 

Saint Clement's Manor 370,375 

Courts of note 122, 129 

St. Elizabeth's Manor 350 

St. Gabriel's Manor 349 

St. Inigoes Church and Fort, 218, 221 

St. Inigoes Mission note 221 

St. John's Church 222 

St. Jerome's Town ■ • 326 

St. Joseph's Church 222 

St. Joseph's Town 326 

St. Joseph's Manor 355 

St. Catherine's Island 13 

St. Leonard's Creek 366 

St. Margaret's Island 13 

St. Mary's City, See First capital. 
St. Mary's County, attractions of, 
315, 317, character of houses, 
348; civil divisions of, 317, 3 2 o ; 
county seat of, 322, 323; dele- 
gates to convention from, 339. 
343-347; early officers of, notes, 
344, 346; after the Revolu- 
tion, 344-347; features of, 316, 



Page 
317, governors from, 347; his- 
torical interest of, 315; limits 
of, 317-320; officers of military 
companies of, 342, 343; old es- 
tates of, 348-377; other towns 
of, 326-328; ports of, 328; rep- 
resentatives of, in Congress, 
347 ; seats of learning in, 65, 
335-338; traditions of, note, 

332; will records of 332-334 

St. Mary's Parish 191-196 

St. Mary's River 19-20 

St. Michael's Manor 348 

Snow Hill Manor 377 

Stars and Stripes, History of, 

note 237 

Steubens, Gen. Baron ....•• 272-273 

Sterling. General 244, 246 

Stone, Gov. William, 26, 54, 

note S3, 54 

Sullivan, Brig-Gen., 244, 261, 267- 

270, 278 



Tabbs, Rev. Moses.... 193, 196, 

205, appendix A 

Taney, Chief Justice Roger B., 

note 53, 367 

Tavern Rates Established by 

Law note 35 

Taxation, 25, 37, 151, note, 157, 

note 179, 321, 322 

Tenure, Land 85, 86 

Thomas, Governor James, 

• • note 345, 347 

Thomas, Captain John Allen, 339, 

• •• 34i, 342, note 345 

Thomas, John Allen, Jr 342 

Thomas, Captain John.. 327, 342, 347 
Thomas, Maj. William, Sr., 200, 

340, 345, 367, 370 
Thomas, Maj. William, Jr., note 

53, note 338, 342, note 342, 347, 

363- 

Tilghman, Col. Tench, note 241 

Toleration, Religious, Practical 

Existence of 60-75 

Tomaquoakin (Tomakokin) 

Creek 109, 370 

Trenton, Battle of 261, 262 

Trent Hall Estate 363 

Trinity Church • • 35 

Trinity Manor 349 

Tubman, Maj. Henry, 336, 341, 

345, 346 



INDEX 



389 



Page 

Tudor Hall 376 

Turner, Edward note 124, 369 

Truman, Maj. Thomas, 363, note, 363 

U 

Urquhart, Rev. John . . • • 205 

V 

Valley Forge 272-273 

Vault, The Copley, 33, note 33, 

note 60, appendix A 
Vestry, Laws Applicable to, 156- 

164, 169, 181-183, notes 185, 189 
Vestrymen, Names of, 192, 200, 

202, note 208 

W 

Washington, Gen. George, a mar- 
vel in tactics and strategy and 
a wonder in courage and en- 
durance, 243-265, 266-271, 272-2S0 
Waldron's old field, site of St. 

Andrew's Church 206 

Warden's Church 161, 162 

Ware, Francis, Lieut. Col. Md. 

Line 240 

Warrants, Land ••.... 89 

Warehouses, Public 328 

West St. Mary's Manor 377 

Western Reserve, the Extent and 
Scope of, 303, 309; Maryland's 



Page 
movement to procure it for the 
Confederation, 305; resolutely 
pursued her course and won 
her fight, 306, 308; her dele- 
gates in Congress during the 
contest, 307 ; importance of, 
309; bearing of on National de- 
velopment • • 310, 314 

White, Father Andrew, note 9, 

14, 17, note 49 

Whipping Post 117 

Wicomico Town . . • ■ 326, 374 

Williams, Gen. Otho Holland, 
Lieut, of First Rifle Co. and 
Commander of Maryland Line, 
239, 257, 285, 289, 292. 
"Let Williams advance and 

sweep the field" • • . . . 296 

Wills, Records of 131, 332, 335 

Williams Roger note 74-75 

White Plains, Battle of 256 

Walstenhome, Daniel ....•• 47 

Wyoming Valley 278 

Y 

Yeocomico, Indian Village of. .. . 15 

Site of first capital 20 

Yorktown, Battle of • • 298-300 

Z 

Zachiah Swamp 196, 329 






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