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Kobert Uoyne order , ,, r i i n • • ii r^ ^ i

Councill to confirnie [ (beiore the last rrovmciall Court) served at



the serving execution! j-iig suite of Claytou, upou M' Philip Lynes
upon >nes. ^^ Henry Hardy of Charles County by

virtue of a Deputation from M"^ Robert Doyne high Sheriff" of
Charles County was duely, truly and legally executed.

Signed "p order John Llewellin CI. Con:

vid: Concii: Lib: R. K. R. 1 Taken into Consideration the tryall of
f°= i an Indian prisoner named Sampson

Subject to the Emperor of Nantecoke by him delivered up and
brought downe to the Provinciall Court for his tryall, but con-
siderino- that most of the materiall evidences agfainst him were
Indians and the fact committed in Dorchester County where
they live and where it could best be proved and made out
against him, it was ordered that he sliould be remitted back
into the said County and that speciall Commission should issue
to Coll. Stevens, Maj: Taylor, Capt: Tripp, M' Pindar and INP
Pollard to trye him there according to the foil: two ord" viz:

By the Councill May 5"> i6S6.

Maryland ss. Ordered that the Indian Sampson brought
Indian s.inip- dowue this Coutt for the murder of Griffin Evans
son to be ^g safely conveyed back into the custody of the

rciiiittccl • -

to Dor: County Sheriff of Dorchester County, there to be tryed
for tryall. for the Same according to a speciall Cofnission for

that purpose to issue.

Signed p order John Llewellin CI. Con:



p. 21



Maj. Till). Taylor }•

C'apt: Ilciiry Tripp
Mf Kd. Pindar
Mr J»o Pollard



476 Proceedings of the Council of Maryla)id, 1684-89.

i-ibcr n. By the Council May 5"' 1686.

1'. K. o. ^ ...

Ordered that sneciall Commission of Oyer

Comission for tryall T it- • u j- .. i .. /^ n \\-\

of Indian Sampson to land icrmincr be directed to Loll. vVil-
^""•.py"' •'?,'^y,'-"/ [ Ham Stevens of Somersett County; Maj'
Thomas Taylor, Capt: Henry Tripp, M' Ed-
ward Pindar, and M' John Pollard of Dor-
chester County, or any four of them (whereof
the said Coll: Stevens, and Maj' Taylor to be one) for the tryall
of one Sampson an Indian subject to the Emper' of Nantecoke
committed for the murder of Griffin Evans late servant to M'
Daniel Clarke of Dorchester County:

Signed p order John Llewellin CI. Con.
To the hon'''" the Secretaryes
or their Chief Clk. These

vid. pet: fo: 14. •) Came Anthony Underwood Attorney

Nath: Ashcornespet: [ for Nathaniel Ashcom and prayed their

reheard S: again referred. J j^^^.s consideration of Uie Said Ashcom's

petition which was again read, and further referred till next
Councill day at which time the said Underwood is required to
have ready and produce to this board (if occasion shall be) the
Act of Assembly in such case made and provided.

At a Council held at the City of S' Maries the sixth day of May

Ann: Dom: 1686.



Present
Coll. Vincent Lowe



r Coll. W" Stevens



the hon'''^-| Coll. Henry Darnall .,., , ,,,, j Coll. W" Burges
[ Coll. W- Digges ^ '^^ "°" ■) Maj' Nich° Sewall



M' Clement Hill

Nath: Ashcorne's \ Came again Anthony Underwood Attorney
pet: considered J for Nathaniel Ashcorn and acknowledged that by
the Act of Assembly the Com" of the County Courts were not
peremptorily tyed up to choose for Constables one of the three
pricked down by the preceding Constable, but for plea saith
that die said Ashcorn being then at that time a Comm' for
Townes appointed by Act of Assembly might have reasonably
been excused, specially when the preceding Constable had
presented to the Court three other able persons as by his Cer-
tificate here produced which is as foil: viz.

Henry Matkdonaid's Cert: \ These are to certifie all whom it may
concerning Const: place / coucern that I Henry MackDowell of
Calvert County did serve Constable for great Eltonhead Hun-
dred in the yeare 1683, and at the expiration of the said yeare
did give in the names of three men living in the said Hundred
for the Court to choose one to serve as Constable, the persons



Proceedings of the Co7incil of Maryland, 1684-89. 477

by me nominated were M' Thomas Parslon, M' Jonah Whin- Liber b.
field, and M' Gustavus White as witness my hand this 23'' of ''•''■ '-*•
Aprill 1686.

the mark of
Henry H MackdowcU

Nath: Ashcorn's Fine 1 Ordered that the fine of five hundred
sooiijs Tob. reniittcd. / pounds of Tobacco imposcd by the Com"
of Calvert County Court upon Nathaniel Ashcorn for not re-
turnincT the list of taxables, be, and the same hereby is remitted
and wholly taken off and the said Ashcorn from thence fully
acquitted and discharged.

The hon''" Coll. Henry Digges and Maj' Nicholas Sewall
Principall Secretarys of this Province produce to the board
severall Rules necessary to be observed in their office for
Lands, whereof the desire, the approbation & the confirmation
of the Councill, if it may seem meete and reasonably. They
were ordered to be read and are as followeth — viz.

Some particular heads of such Rules as ought more
strictly to be observed in the Land Office.

Rules for the ) That every Deputy Surveyor shall without faile
Land Office ( make due Returnes of all assignments of warrants
and Certificates (together along with the Certificates) into the
Land office, which thing has hitherto been neglected, to the
great delay of business.

That in their Certificates they shall mention the courses and
distances more fully and plainly than heretofore they have used,
and likewise duely returne along with their surveys, fair platts
to every Certificate.

That every Deputy Surveyor shall returne his Certificate in
due time into the Deputy Surveyor Generall's Office to be ex-
amined, and for the quicker Expedition of business shall attend
the land office at S' Maries more duely than heretofore they
have used (it being his Lordship's particular order) or otherwise
keepe due correspondence by carefull messengers, if business or
other accidents will not permitt their own attendance.

That noe person or persons shall enter a caveat against the
land of another to obstruct the issuing of any pattent, without
first giving good reasons to the Secretarys for the time being
for their soe doeing.

That noe Patterns shall goe out of the Land Office, widiout p. 23
the owners of such Pattents come and demand them or other-
wise send particular order by some other persons, The said
persons soe imj^loyed giveing their receipts for them.

That upon every assignment of any warrant or Certificate
for Land to a Forreigner and that such P'orreigners by virtue



478 Proceedings of the Council of Maryland, 1684-89.

Liber 13. of such warrant or Certificate assigned, as aforesaid, sue forth
^' *^- ^- pattent thereupon, the Officers Fees and other charges thereof

shall be made good, or good caution for the same given before

such time as pattents issue out of the office.

May the 6'" 1686.

Approved of in Councill and ordered to be punctually
observed the foregoeing severall Rules in the Land Office
signed p. order John Llewellin CI. Con:

lo the hon'''° his Lordship's Councill
The humble petition of John Baker of S' Maryes County

Sheweth,

John Bakers That your Petitioner (at the instance of your
petition. Hon" onely) being the last yeare constituted Sheriff
of S' Marys County, and in noe wise doubting of the continu-
ance of your Hon" favour towards him upon the consideration
of his good behaviour and faithfull discharge of his duty in
that Office (as he humbly conceives) did ignorantly omitt to
make his application to your Hon'^ as in duty he ought, where-
of some person takeing advantage hath (as your Petitioner is
informed) privately sued to your Hon'" and obteined a grant
of the said Office for the yeare ensueing, much to the damage
and disappointment of your Pet' Wherefore he is forced now
to sett forth to your Hon'^ that beside the vast trouble, charge
and expence he hath been at in secureing, keepeing and main-
taineing the publick Prisoners committed to him, upon the
account of the publick faith, meerely of his own private Estate,
yett unsatisfied and not reimbursed to your Petitioner, he hath
contracted severall small parcells and dribletts of d^ts in all
parts of the County, which (as the case stands) he shall not be
able to collect without much difficulty and more charge. Your
Pet' likewise (not dreameing of any such undermineing against
him as aforesaid) hath in order more diligently and securely to
p. ;.i manage the said Office, provided himselt and contracted with
four able persons to officiate under him to keepe his owne and
all publicke accounts committed to his charge, and soe put
himself into a convenient posture for that employment, as may
most redound to his Lop's service, the good and benefitt of his
Officers, and all persons concerned, and his owne creditt and
good will amongst the Inhabitants, as he doubts not will con-
tinue his good name, which he presumes noe person cann
jusdy defame or bespatter. And therefore humbly prays that
your Hon'' would yet please soe to consider his case, as to
revoke your order passed for the Office of Sheriff of this
County, and continue your Pet' in the same for the yeare
ensueing by which meanes your Pet' may the better be enabled



Proceedings of the Council of Maryland, 1684-89. 479

with the more case to reimburse himself as well what he hath i,iber n.
really expended of his owne private Estate, as alsoe what ''• ^"^^ *^-
profitts and advantages he hath made thereof, which he humbly
conceives is his Lo'" and was your Hon" design in conferring
the same Office upon your Pet' The person nominated to
succeed your Pet' will thereby be noe sufferer, but capable of
your Hon" favourable Inclination to him the next yearc, all
which is humbly offered to your Hon" serious consideration by
Your Hon" most ready and obedient humble servant

J"° Baker.

Their Hon"^' have nothing of their owne knowledge neither
by report or information to alledge against or charge the
Petitioner with, but haveing already passed their grant of the
said office to M' Garratt Vansweeringen, for the considerations
sett forth in his petition, they cannot receede from thence.

Eastern Shore I The Kings of Pocomokc and Assateague,
Indians Audience / ^ith severall of their grcate men, and greate
men of other nations of Indians on the Eastern Shore came
and presented themselves to the board for Audience.

Which was admitted them, and an Indian called
n erprc s. ;- ^q^^^j^ together with one John Townesend of
Pocomoke allowed their Interpreters.

Indians present \ The King of Pocomoke and the King of
10. deare skinns. / Assateague make present of tenn deare skinns
in token of Friendship with his Lordship and the good people
of this his Province, which was accepted of as such and thankes
given them on his LoP'^ behalf.



fc>



Pocomoke Indians &c. 1 They proceed to deliver the substance of p. 25
Conipit & request / their address in manner following and



t>



first they sett forth, that five severall Nations of them (viz)
Pocomoke, Annamessex, Manoakin, Nasswattex, and Aquintica
are seated and doe cohabitt at a place called Askiminokonson,
They complain that one Charles Scarborough and others had
seated upon some part of their land called Askiminokonson
Neck where diey themselves designed to seat in the Face, the
Land where they at present are, on the other side the Creeke
being worn out, that by the Incroachments of the English they
had already been driven from Pocomoke to Aquintica, from
thence to Askiminokonson, and from thence they feare tliey
shall be forced to some other place and soe never be fixed
without some care be taken to prevent and put a stopp to the
Incroachments of the English, that one INF Whittington and
Capt: Osbourne had taken up land within their bounds.

Ihey alsoe complain of great damage done them in their
Come Fields and other their labours and improvements by
Cattle and horses by meanes of two bridges over the head of
Pocomoke River, and Askimenokonson Creeke through which



480 Proceedings of the Council of Maryland, 1684-89.

i.ibcr B. they enter and breake into and destroy their Corne Fields &c.

V. K. o. ^yiierein they pray remedy in such manner as to their Hon''
shall seeme most fitt, and alsoe desire that all the land to the
westward of Askimenokonson Creeke not inhabited by the
English may be added to their Neck.

Assatcngue 1 The Kinsf of Assateague complaines that severall
Indians &c. / of the Inglish (viz) W William Browne, Edward
Hammond, William Bowen, John Fossett, Henry Bishop &c
were come and seated among them in the very Fowne where
Compitag' they live — but particularly he complaineth against
Kchvard Ham- Edward Hamond for that whereas it is a custom
Robbery among them upon the death of an Indian King to

&=• save his bones and make a case with skinns

wherein they inclose the bones and fill it up with Ronoke, and
other their riches, he the said Hamond about a month since had
upon the like occasion of one of their kings dyeing stolen away
the skinns and roanoke from the place where he was layd,
which one Epimore a greate man of Assateague did see at the
sayd Hammond's house and very well knew to be the same,
and alsoe one Manassen an Indian that lives with said Ham-
mond did see him bring them home,
p. 20 The Assateagues further sett forth that there being of them
severall nations (viz') Assateagues, Transquakin, Choptico,
Moteawaughkin, Quequashkecasquick, Hatsawap, Wachetak,
Maraughquaick, and Manasksons, all under the Emperour of
Assateague some certain provision may be made for their
quiett and peaceble cohabitation and that a convenient portion
of land whereabouts Ambrose White formerly lived may be
sett out to them, the place where they now live being all
swampy and barren sandy ground and that noe Incroachments
may be made upon them.

.'Vnnamcssex I Ned an Aunamcssex Indian complaines that one
Indian. / John Kirk and John Carter will not suffer their
Indians to hunt upon their land and that Coll. Colebourne if
they catch any beaver doth challenge the skinns, and they pray
that noe new comers may be suffered among them.

Resolved by the board to consider of what has been offered
and to give the Indians answer to morrow.



&'



At a Councill held at the City of S' Maries the seventh day of

MayA. D. 1686.

Present
('Coll. Vincent Lowe
I Coll. William .Stevens
Tin: lion''' -J Coll. William Burges
Maj: Nicholas .Sewall
M' Clement Hill



\



Proceedings of the Council of Maryland, 1684-89. 481

Taken into consideration the Indians ad- Liber b.
shor'e'^ Indians ^^ 1 dress yesterday & Ordered that the same be ''■ ^'"' '^'
Coll. Stevens &c. f referred to Coll. William Stevens, Coll. Wil-

to cmiuirc thereinto) ,. /— i i ivir 'm xt i i j /—

ham Lolebourne, M' ihomas JNewbold, Capt:
John Osbourne, and M' James Round or any two of them
(whereof the said Coll. Stevens and Coll. Colebourne to be one)
to doe and Act therein as to them shall seeme most meete, for
his Lqp" Hon'', the satisfaction of the said Indians, and the peace
and welfare of the Province, and that the bridge at the head of
Pocomoke, and that at Nassawango or Askimenokonson
Creeke, dividing Askimenokonson Neck from Nasswatax be '
better secured, by affixing at each end of both the said bridges
a good and sufficient swinging gate, and that they the said
Coll. Stevens &c. more particularly and diligently enquire into
the Offence of Edward Hammond, as also into all Incroach-
ments and other damages or grievances offered to the said
Indians, and make their Report to this board at at the time of the
next Provinciall Court for their further result.

The Indians called in, and first the board renews to them p- -i
their thanks for their present yesterday, and Testimony of
Friendship to his Lsp then communicate to them the foregoeing
Order passed in their behalfe, which they will take care to see
I'resentto duely executed, and further order Coll. Stevens to
the Indians, present them with forty bottles of Rumm for which
they return thanks and are dismissed.

At a Council! held at the City of S' Maries the eleaventh day of
May Ann. Dom: 1686.

Present
r Coll. Vincent Lowe f Coll. W'" Stevens

The hon^'=- Coll. Henry Darnall Thehon'^'-^J Maj: Nich° Sewall
[ Coll. W™ Digges. (_ M^ Clem' Hill.

Ed: Furlong's Estate ) ^^ ''''^ motiou of the lion"' Coll. William
to be delivered to John I Stcveus, it was Considered and ordered by

Kirk the Admin: J ^j^^ ^^^^^ j^^^.^^ ^j^^^ ^j^^ ^^^^^^ ^j- gj^^^j.^

Furlong deceased formerly committed to the Sheriff of Som-
ersett County to be secured, be now delivered unto John Kirk
the leoall Admin:



"ts



To the hon'"'' the Deputies Governours
The humble petition of Richard Royston.
In most humble manner
Sheweth

Richard ^ '''''^^ your Pet' being legally convicted before the

Koyston's hon''''' his Lsps. Justices of the Provinciall Court of
petition. Porgery, with all humble contrition and hearty sorrow
for the same, and all other the miscarriages of his life past



483 Proceedings of the Council of Maryland, 1684-89.

i.iberB. incUiccing him thereto, casts himself at your Hon" feete for

p. K. o. niercy, and humbly supplicates your Hon" grace and favour

may compassionately be extended towards him to the pardoning

and takeing off the corporall punishment justly due to him for

the same.

And he as in duty bound shall ever pray &c.
()r<!erfor) Ordered that if (upon passing of sentence in the
pardon. )' Provinciall Court) the Pef doe freely and voluntarily
acknowledge his Offence and humbly submit himself in the
face of the Countrey then present in a more speciall manner to
the hon'''' Coll. Henry Darnall therein particularly abused, and
shall also promise amendment of life, with hearty sorrow for
the mis-carriage of his life past, according to the summe of his
petition. Then pardon to be granted him according to his
prayer.

p 28 At the motion and request of the Hon'''''

■ I'rancis Jenckins & 1 /-. ,, T, - n- r- i i i iv/r, t^

juiiii Townesend \ Coil. VV illiam htevcus Ordered tliat M rrancis
added to the Com" ' Jencklns and John Townesend be joined in

cone: the Indians. J >-^ . „ -.^i i ■ /— ii /-^ i i_ o

Comiss" with mm Coll. Colebourne &c. to
sett out and ascertain the Indian lands and enquire into and
redress their prievances.



t>



Accordingly issued the following Com"" (viz:)

Maryland ss.

By the Councill..

■s Whereas Complaint hath this day been
Stevens &c. cone: ( made by the severall Kings of Pocomoke,
Indians East /" Anuamessex, Monoakin, Nasswatex, and

-' Aquintica, who are all seated and cohabitt upon
a certain tract or neck of land, called Askimenokonson Neck,
that notonely they are daily incroached upon by severall English
remed fo: 38 takeing up land, and seateingtonearethem, and within
the land designed for them to their great prejudice
and disturbance, insoemuch that after haveing soe often upon the
like occasions shifted their stations, they shall be again compelled
soe to doe, unless due care be taken for their redress, but also
that they are daily and continually molested, troubled and
perplexed with injurious breakeing in upon them of greate num-
bers of Cattle, horses and hoggs to the destruction of their
Corne Fields, by meanes of two Bridges one at the head of
Pocomoke and the other at Nassawango, or Askimenokonson
Creeke, dividing Askimenokonson Neck from Nasswattex For
remedy of all which they have mooved to have their portion
of land designed for them to be ascertained, and layd out for
them, and to have allotted them more, all the land to the west-
ward of Askimenokonson Creeke, and not seated nor inhabited



Proceedings of the Council of Maryland, 1684-89. 483

by the Enolish, and that some effectuall care may be taken with i-ibcr b.
the said two Bridges.

And whereas further complaint is brought from the King of
Assateague, that not onely severall EngHsh men doe incroach
upon him and are come and seated themselves even in the
Town where his Indians doe live, but that also in particular
one Edw'' Hammond an Incroacher of that nature hath most
injuriously and feloniously stolen and taken away greate quan-
tityes of Roonoake and skinns from the tomb of some of their
former Kings, which (according to their custom) they use to
offer there (a crime very ill resented with them) and therefore
mooves redress to be made him, and that some more certain
provision for their future quiett liveing from the disturbance
and Incroachments of the English may be thought off: being
of them many Nations (viz')

Assateague, Transquakin, Choptico, Moteawaughkin, Que- i'- ==9
quaskequaskick, Hassawass, Wachetack, Maraughquaick and
Manaskson.

It is therefore considered and hereby ordered and appointed
that Coll. William Stevens, M' Francis Jenckins, M' Thomas
Newbold, Capt. John Osbourne, M"^ James Round and M' John
Townesend or any three or more of them (whereof the said Coll.
William Stevens and Coll. William Colebourne to be one) be
and they are hereby authorised and empowered (at some cer-
tain time and place by the said Coll. Stevens to be appointed)
to meete, consult and enquire into the premisses and to allot
and ascertaine to the said Indians such a quantity or portion
of land in such place as to them shall seeme meete and conve-
nient, least injurious to the English, and most satisfactory to
the Indians, the said land soe to be ascertained, to be layd out
and marked and bounded where it shall be necessary. To the
end that as well the said Indians as also the English themselves
may know each others bounds, and not incroach upon, annoy, or
disturb one the other ; and that at each end of both the aforesaid
Bridges be made and sett up a good substantiall and sufficient
swinging Gate that will shutt of itself, for the keepeing out of
horses, and Cattle and the security of their Corne Fields, and
other their labours.

Ordered also that more particularly and exactly they the
said Coll. Williams Stevens, Coll. William Colebourne, M'
Francis Jenckins, M' Thomas Newbold, Capt. John Osbourne,
IVF James Round and M' John Townesend, or any three or more
of them as aforesaid, inquire into and diligently examine the
crime charged against Edward Hammondaforesaid,and cause to
be done therein, and in all other things hereby committetl to them
as to right and Justice appertaineth, as may most conduce to
his Lordship's Hon', the good and well fare of this Province,



484 Proceedings of the Council of Maty land, 1684-89.

i.ibcr 1$. and the content and satisfaction of the said Indians: And that
p. K. u. Rj.|jQr|. of ^)i(.ii- whole proceedings under their hands and
Seales they make and certifie to this board at the time of the
next Provincial! Court. Dated at the Council Chamber at the
City of S' Maries the eleaventh day of May, in the eleaventh
yeare of the dominion of the R' hon"" Charles &c. Ann: Dom:
1686.

signed p order J Llevvellin CI. Consil.

p-30 At a Council held at the City of S' Maries the one and
twentieth day of May Ann: Dom: 16S6

Present
Coll. Henry Darnall
Coll. W'" Digges
Maj: Nich° Sewall
M' Clement Hill



The hon"'



To the hon''"' his Lordship's Councill
The humble Petition of Edmund Dennis of Calvert County.

Shewedi

Edmund ^i^t your Pet' being seated in Pottuxen River con-
Dennis venient by the shipping, and there being noe Coroner
petition ^^g \jo\\x Pef conceives) on this side the River, or at
least within thirty or fourty miles upwards, he prayes your
Hon'-' to conferr upon him the said Office.

And shall pray &c.
Order for Coroner's I The Petition was granted and ordered that
pKice in Cai. Co: ( Commissiou for Coroner in Calvert County
issue to the said Dennis.

At a Council held at the City of S' Maries the 26"' day of May

Ann: Dom: 16S6.

Present

the hon'''^ I ^"'^- ^^'^"'■y Darnall , , ,,„ f Maj: Nich° Sewall
tne non |^,^jj^ ^^ Digges ^^"^ ''°" [M' Clem' Hill

Mr liiakiston's ) Taken into consideration the contempt of

contempt considered f ]\|' Nelicmlah Blakistou to the order of this
board of the third of March last for his appearance here at the
time of the last Provincial! Court to justifie and make good his
charge against this Government conteined in his Letter to the
Commissioners of his Maj'>' Customes in London dated the
20"" of Aprill 1685 (if soe he could) or otherwise to cleare and
ac(]uitt them from the aspersions cast upon them; all which
he haveing refused to doe peremptorily declarcing to severall



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