88 MARYLAND MANUAL.

The prisoners taken were condemned to death, and four of
them were shot.

The whole matter was referred for final settlement to the
Commissioners of Plantations, whose decision was favorable
to Baltimore. Bennett and Matthews, the Virginia Commis-
sioners, then surrendered Maryland to the Proprietary, who
re-established his government with Josias Fendall as Gov-
ernor.

Fendall had not been long in office, when he entered into a
plot to render himself independent of the Proprietary, and
indeed, to annul Baltimore's authority altogether; so he was
superseded, and Baltimore's brother, Philip Calvert ap-
pointed Governor. The Proprietary, in person or by deputy,
was the Chief Executive, assisted by the Council. The Legis-
lature sat in two Houses, the Governor and Council forming
the Upper House, and the elected representatives of the free-
men the Lower House. All legislation originated with the
Assembly, subject to the Proprietary's assent. The form
was, therefore, that of a liberal constitutional monarchy,
with popular representation.

In 1661, Charles Calvert, only son of Cecilius, was sent out
as Governor. He was liked by the people, and the Province
steadily grew and prospered under his administration. A
firm treaty of peace had been made with the Susquehan-
noughs, a warlike nation of Indians at the head of the bay,
and the native tribes of Maryland were taken under the pro-
tection of the government. Peace reigned throughout the
province; and the only serious grievance of the colonists
was the over-production of tobacco, which the government in
vain tried to check. Mouey was excessively scarce; and the
great staple,, tobacco, was the general circulating medium for
a hundred years or more.

Cecilius Calvert died in 1675, and Charles, third Baron of
Baltimore, succeeded to his title and dominions. Inuring his
administration occurred a transaction which was to result in
the loss to Maryland of a large part of her territory. William
Penn, to whose father's estate the crown owed a large sum,
obtained from King Charles II, in lieu of payment, the grant
of a tract of land west of the Delaware River and north of
Maryland. There was nothing in this grant that encroached
upon Maryland's territory, for the fortieth parallel was
named in both charters as the southern boundary of the one,
and the northern boundary of the other. Penn, however, was
extremely anxious to carry his southern boundary to the
head of the bay; and after many fruitless attempts to induce
Baltimore to agree to a change of a boundary line to his ad-
vantage, refused to join him in fixing it, and so the line was