liam Lewis, Mr. Leggat, and a German, whose name is not mentioned, but who is stated to have lived with Mr. Eltonhead. The principle is universally acknowledged, that the captor in war, even in the case of civil commotions, has no right to put his captive to death, after surrender and quarter given. This most sanguinary transaction must, therefore, strike every enlightened individual at this day, as one of those atrocities which the vindictive passions incident to a civil war in any community are too apt to produce.

The puritans of Providence having thus, by the defeat of governor Stone, secured to themselves the government of the province, not only detained him and his followers for some time as prisoners of war, but proceeded to the sequestration of their property, whom they termed delinquents.

Our documents do not mention the length of time that governor Stone and his companions were detained at Providence, but it is supposed they were not liberated until captain Fuller and his council had despatched their messengers to England to prepossess the mind of the government there in their favor; and then not until they had the mortification of being witnesses to the execution of the order for a sequestration of their 'property.

In this year, Lord Baltimore's right and authority over the province was admitted by the Lord Protector, and captain Josias Fendall was appointed governor by his lordship. What motives Lord Baltimore had for substituting Fendall as governor of his province, instead of governor Stone, does not appear,

1657.

It was not until this year, that the puritans, who had settled at Providence, acknowledged

themselves as being within Lord Baltimore's province of Maryland having considered themselves as being a part of Virginia, or a distinct colony. However, on the 24th of March, 1657, negotiations were entered into between the proprietary and the puritan government, for a surrender of the province to Lord Baltimore.

Thus, after a lapse of six years, his lordship was again restored to the full enjoyment of his province, 'to the content and peace of all parties.'

In tracing the early history of Providence, occasion is now taken, to acknowledge the entire indebtedness of the compiler of these Annals to Bozman's able and interesting History of Maryland, for all the incidents and facts having a bearing upon it; and to say, that a full and free use of that work has been madebeing sensible that nothing better could have been said on the occasion, than has been, by that admirable historian.

Our records do not afford us any further information relating to the settlement at Providence until the year 1683. This, with several other omissions, unavoidably occur in these Annals, and is to be mainly attributed to the removal of the records and public documents of the province from St. Mary's to Annapolis, some of which were greatly damaged.* To this cause, is to be added, also, the loss of some by the fire which destroyed the state-house in the year 1704, where they were chiefly deposited,

* Proceeding of the Upper House of Assembly, St. Mary's, 10th May, 1682. MSS. Journal, page 418.

'Taking into consideration the ruinous condition of the state-house, (which hath been so chargeable to the country,) occassioned for want of some good, carefull and skillfull overseer at first appointed to supervise the managing and carrying on the building thereof, insomuch

CHAPTER III.

Contempt of Assembly-Trial of Edward Erbery-Condemned and Whipped-Witchcraft-Condemnation of John Cowman-And pardoned-The Quakers remonstrate against taking Oaths-Proceedings of the Assembly thereon-Indian Affairs-Protection of the Indians by the Colonists-Hostility of the Susquehanocks-Causes of-Treaty with them-Murders committed by the Indians-Expe dition against them-Five Chiefs of the Susquehanocks murderedImpeachment of Major Thomas Truman-His Trial and Conviction-Proceedings of the Assembly thereon-Controversy between the Lord Proprietary and the Lower House of Assembly upon the Act for calling Assemblies-Extracts from the Rules of the Lower House of Assembly-Annapolis erected into a Town, &c.—Com missioners appointed to survey and lay out Annapolis-Annapolis becomes the Seat of Government-Governor Nicholson causes the Records to be removed from St. Mary's-Public Ferry-First Corporation of Annapolis-Mr. Richard Beard makes a map of the Town-A Market and Fair-Proposition for a Bridewell-Improvement of Annapolis-A Church proposed to be erected-King William's School established-William Pinkney a Student of it— Governor Nicholson projects a Library for Annapolis-A StateHouse built-Roman Catholics-Persecution of.

1666.

In the absence of other matter connected with the immediate history of Annapolis from the year 1657 to to 1683, the reader will doubtless be gratified at the perusal of such extracts from the MSS. journals of the province, between these dates, of an interesting and amusing character, not before made public.

that the same, in a short time, (if not speedily repaired,) must inevitably fall to the ground, being already so leaky and decayed as will hardly secure the records of the province (there kept) from the weather, this House desire the Lower House to consider thereof, and to concur with this House, in new covering, and making such necessary repairs thereof, as may render the same useful and serviceable for the country, and in making a partition at the stair foot, that both Houses of Assembly may there meet, without which repairs and partition, the records of the province must inevitably suffer next winter.'

'UPPER HOUSE, SATURDAY, 28th April, 1666. "Then came a member from the lower house, and desired the governor, from the whole lower house, not to discharge Edward Erbery, merchant, from the sare of Bristol; in regard, they had something to object against him, as well for abusing the lower house of assembly, as his lordship, last night.'

"Then came a member from the lower house, with this paper following:

"TUESDAY, 1st May, 1666.

'William Calvert, Esq. motions the house,

"That, whereas there was an abuse committed last night by Edward Erbery, to the disturbance of the whole house, in their quiet and rest, and the clerk of this house informs that the said Erbery did call the whole house papists, rogues, **** rogues, &c. which the speaker is desired to take notice of, and proceed therein, either by presentment or otherwise, as to him shall seem best, and that it be the first thing this house takes into their consideration or debate.'

'Mr. Nicholas Piccard and Mr. Richard Blunt informed the house of certain vulgar and indecent expressions of Erbery concerning the lower house, and that they were ashamed of the place from whence they came.'

"Mr. Richard Hall says, that amongst a great many other extravagant words, Erbery said that Charles Calvert was a rogue.'

'William Calvert, Esq. saith, how that Erbery, in his hearing, said, we, viz. the assembly, were a company of pitiful rogues and puppys, and there is not one in the country deserves to keep me company but

Charles Calvert, who owes me ten thousand pounds of tobacco.'

'Mr. Richard Smith informs that this morning, when Erbery awaked, the said Erbery complained that he was bound; that he remembered all that he had said last night, and that he was not drunk; and in a threatning manner, said he would remember those that bound him.'

"The abuse that Edward Erbery gave to the lieutenant-general and this assembly last night, being taken into consideration, and upon a full debate thereon, had in this house, they do judge the same to be a scandal to the Lord Proprietor, to his lieutenant-general, and to both houses of assembly, and a great reflection upon the whole province in general; and, therefore, unanimously voted by this house, that the said Erbery be brought before this house, to give answer to the abovesaid charge, in relation to those informations now given in against him.'

'Ordered by the speaker that Mr. Edward Erbery be brought into the house by the sheriff, &c.'

"And taxed by the speaker of all those words spoken, who making his appearance after the charge being read unto him, he answered that he remembered none of these words that is alledged, only he confesseth that he was in drink, and being further taxed about the words spoken this morning, (which were averred by a member of this house) he says that he remembers not that ever he spoke such words.

'Which answer being taken into consideration, the house do judge the same altogether unsatisfactory, and that no person of full age shall take advantage by drunkeness in such case.