| 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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