Volume 53, Preface 16 View pdf image (33K) |
xvi Early Maryland County Courts. Battle of the Severn. In March 1657/8 the Proprietary, now restored to power, appointed Josias Fendall Governor, an unfortunate choice for Fendall proved disloyal, and after an abortive uprising in Charles County in the autumn of 1660, was for a short period a fugitive, although pardoned soon afterwards. With the restoration of Charles II in 1660 Cecilius Calvert felt his position as Proprietary more secure than it had been for a decade or more, and with his son Charles as Governor, and his half-brother Philip as Chancellor, remained in undisturbed control of provincial affairs until his death in 1675. The entries of proclamations, oaths of fidelity, and other public announce ments by those in control at the time, to be found in these records, reflect the various political events as they transpired. Under date of March 29, 1652, the Commissioners of Parliament issued a proclamation in the name of the Com monwealth of England, assuming jurisdiction over Maryland, which is duly entered in the Kent County record (Arch. Md. liv, 7-8). In the court proceed ings of this same county for April 5, 1652, is to be found a list of the sixty- four men “who do promise and engage ourselves to be true and faithful to the Commonwealth of England without King or House of Lords “, although additional names continued to be added until 1654 (Arch. Md. liv, 4-5). It is to be noted that exactly one half of these men of Kent were able to sign their names (Arch. Md. liv, 4-5). On March i, 1654/5, the Parliamentary Commissioners appointed an entirely new bench for Kent, and at the same time issued a proclamation announcing the transfer of authority from the Common wealth to the Protector (Arch. Md. liv, 23-25, 30-3 1). The proclamations announcing the restoration of the Province to the Proprietary are entered in the Proceedings of the Council for July 8, 1657 (Arch. Md. iii, 323-331). In the Charles County Court minutes for November 166o, are to be found recorded four proclamations: (1i) the announcement by Philip Calvert, the new Governor, of the restoration of Charles II, (2) proclamation of the King requiring all inhabitants to assist Lord Baltimore in putting down the Fendall insurrection, (3) announcement by Philip Calvert of his appointment as Gov ernor by the Proprietary, (4) proclamation by Gov. Calvert of a general am nesty and pardon for all Charles County persons engaged in the late mutiny and sedition, except Josias Fendall, and John Hatch (pp. 102-104), who, how ever, were given a qualified pardon soon afterwards (Arch. Md. i, 408, 442). It should be noted that the Charles County records covering the two years preceding the Restoration of Charles II, and especially those for the greater part of 1660, the last year of Fendall's rule, are of the highest value to stu dents of Maryland history. From March 7 to November 1 1 of this year there are no provincial records now remaining, either of the Assembly, Council, or Provincial Court, they having been deleted when the Proprietary representa tives wrested control from Fendall in November 1660, the Provincial Court, Dec. ii, 166o, ordering that “All Acts and Orders entred in the tyme of the defection of the Government from his Lop being the fifth of March 1659 Be null and of noe force and that the same be forthwith razed, and torne from among the Records” (Arch. Md. xli, 379). Why the Charles County records escaped is unknown. Nor are there any county court records for this period |
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Volume 53, Preface 16 View pdf image (33K) |
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