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GENEALOGY ~r^

COLLECTION



3 1833 01396 1096



Archives of Maryland



PROCEEDINGS AND ACTS



General Assembly of Maryland



SEPTEMBER 1693 -JUNE 1697



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



WILLIAM HAND BROWNE
Editor




BALTIMORE

Maryland Historical Society
1899



TRESS OF

THE FRIEDENWALD COMPANY

BALTIMORE



*\



-



1302167



Rooms of the Maryland Historical Society,

Baltimore, September 20, 1899.



To the Maryland Historical Society :

Gentlemen :

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



Respectfully,



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

Committee.



ARCHIVES OF MARYLAND.

The following volumes have been published :

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

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

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

IV.
Judicial and Testamentary Records of the Provincial Court,

1637-1650, 1887

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

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

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

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



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



Archives of Maryland. v

X.

J UDICIAL AND TESTAMENTARY RECORDS OF THE PROVINCIAL COURT,

165O-1657, 189I

XL

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

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

Uec. 31,1776, - 1893

XIII.

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

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

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

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

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

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

XVIII
Muster Rolls and Other Records of Service of Maryland

Troops in the American Revolution, 1899

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

Septemrer, 1693-JuNE, 1697, 1 S99



PREFACE.

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

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

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

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

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

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



viii Preface.

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

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

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

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

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



Preface. ix

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

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

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

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

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

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

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



x Preface.

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

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

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

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



NOTES.

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

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

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

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

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

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

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

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

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

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

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

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



PROCEEDINGS AND ACTS

OF THE

GENERAL ASSEMBLY
OF MARYLAND,



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



CHARLES CALVERT, LORD BALTIMORE,

Proprietary.

SIR EDMUND ANDROS,

Governor ad interim.



THE LOWER HOUSE OF ASSEMBLY.



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

Maryland ss.

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

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



ffor S' Maryes Citty

Edward Wynne Esq r
M r Robert Mason



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



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



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



ffor Kent County

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



ffor Sum r sett County
Cap 1 William Whit-

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



4 Assembly Proceedings, September 20-26, 1693.

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

M r Henry Ridgley \ Doct r John Brookes

M r James Sanders M r Thomas Ennalls

M r John Dorsey j M r Edward Pinder

ffor Calvert County "| ffor Csecill County ^|

M r Thomas Greenfield j M r Edward Jones

M r Thomas Tasker \ M r James Wrouth \

M r Henry Mitchell M r Thomas Theakston

M r John Bigger J M r Robert Crooke. J

ffor Charles County "I

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

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

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

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

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

M r William Dent makes his Appearance in the house

The house adjournes for halfe an houre

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



Assembly Proceedings, September 20-26, 1693. 5

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

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

Thursday September the 21 th 1693.

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

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

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

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

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

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

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

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

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



6 Assembly Proceedings, September 20-26, 1693.

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

Journal. upon ^ sa j d M essage-

The house Adjournes for halfe an hower

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

The house Adjournes till 5 of the Clock this Eavening

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

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

ffryday September the 22 th 1693.

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

Then was read what was done Yesterday

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

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

Kenelm Cheseldyn Speaker.

To M r Sam" Withers high

Sheriffe of Talbot County, These



Assembly Proceedings, September 20-26, 1693. 7

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

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

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

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

The said Comittee are sent out upon their Charge.

The house adjournes for an houre.

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

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

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

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

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

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

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

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

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

Signed -p Order
H Denton Clk Assembly.



8 Assembly Proceedings, September 20-26, 1693.

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

M r Tasker & M r Dorsey sent upon the said message whoe
Returne & say they delivered the same in Manner & fforme