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-Expedition 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.-Commissioners 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 itGovernor 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,

'Whereupon this house do humbly present the consideration hereof to the upper house, that they would please to signify to this house their resentment of the same, and what they shall judge further necessary to be done with the said Erbery as touching the punishment or otherwise for this house's concurrence therewith.'

'The upper house do order that the said Edward Erbery be tyed to the apple tree before the house of assembly, and be there publickly whipped upon the bare back with thirty-nine lashes, and that the sherriff of St. Mary's county be commanded to apprehend the said Erbery and see this order put in execution, and that the said Erbery do pay the sherriff his fees before he depart out of his custody; and further ordered, that the said Erbery be, after he is whipped, brought into both houses of assembly publickly to ask them forgiveness.'

(Signed) JOHN GITTINGS, Clerk.

The following new and unheard of thing in this province,' is extracted from the journals of the upper house in 1674, and it is hoped and believed to be the only judicial transaction of its kind to be found upon its pages, to stain the fair fame of the noble founder, and usually enlightened legislators of this provice.

If it be a matter of surprise that it should be found at all recorded there—is it not also one of wonder and satisfaction that it should be the only one case when we reflect that the witch mania' had not yet passed from enlightened Europe, and still hung as a dark cloud over other provinces on this continent, and whose advantages, flowing from education and science, were so much greater than that of this more recently settled

colony, and will, in this instance, be satisfactorily accounted for, from the 'natural embarrassments incident to the planting of a new colony, and the consequent want of means for a more enlarged education.'

UPPER HOUSE, February 17th, 1674.

'Came into this house, a petition of the lower house, as followeth, viz:

To the honourable Charles Calvert, esquire, Lieutenant General and Chief Judge of the Provincial Court of the Right Honourable the Lord Proprietary,

"The humble petition of the Deputies and Delegates of the Lower House of Assembly,

'Humbly sheweth to your excellency,

"That, whereas John Cowman being arraigned, convicted and condemned upon the statute of the first of King James of England, &c. for witchcraft, conjuration, socery or enchantment used upon the body of Elizabeth Goodall, and now lying under that condemnation, and hath humbly implored and beseeched us, your lordship's petitioners, to mediate and intercede in his behalf with your excellency for a reprieve and stay of execution.

'Your excellencie's petitioners do, therefore, accordingly, in all humble manner, beseech your excellency that the rigour and severity of the law to which the said condemned malefactor hath miserably exposed himself, may be remitted and relaxed by the exercise of your excellency's mercy and clemencie upon so wretched and miserable an object.

'And your petitioners, as in duty bound, will ever pray, &c.'