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A REPRESENTATIVE LEGISLATURE. 135
use, all sums of money, debts, cattle, and tobacco debts, and everything
whatsoever to him due or payable from any inhabitant of the province of
Maryland." In virtue of this authority, Scovell presented a petition to the
governor and council of the following purport:
" That captain William Claiborne, at his departure from the isle of Kent, left an estate
within your province, as your petitioner is informed, amounting to a good value; since
which time divers inhabitants within your province, are possessed of the said estate, but
by what right your petitioner knoweth not. Your petitioner's humble request therefore
is, the premises considered, that your worships would be pleased not only to allow of
your petitioner's letter of attorney, but also to grant unto him free power and liberty,
together with your worship's furtherance therein, for the recovery of the aforesaid estate
in the hands of any, in whom it shall be found."
The answer thereto is not long, but pithy, as follows:—
" What estate captain William Claiborne left with this province at his departure,
undisposed of, on the 24th of March, 1637, the petitioner may know, that it is possessed
by right of forfeiture to the lord proprietary for certain crimes of piracy and murder,
whereof the said William Claiborne was attainted the day aforesaid by judgment of the
house of general assembly. If the petitioner can find out any of the said estate not
possessed or held by that right, he shall do well to inform his lordship's attorney of it,
that it may be recovered to his lordship's use; but if the said Claiborne, or any other to
his use, have since the said day acquired any estate within the province, the law of the
province, without any grant or furtherance of governor or commissioners, gives the
petitioner or any other attorney of the said Claiborne, free power and authority to
recover it, and, when it is recovered, such order shall be taken with it, as justice shall
require."
In August another assembly was summoned, and met on the 12th of
October, at St. John's, where it remained in session but a short time, and
after passing several laws was prorogued until the 5th day of August, 1641.
At this latter session the principle of a representative legislature seems to
have been fully established, the freemen of the province no longer appeared,
as hitherto, in person or by proxy, but by burgesses, chosen, of course,
electively, and doubtless in rude imitation of the county and borough representation which the British Parliament rests upon. v
Some of the more powerful Indian tribes seem now, in 1641, to have
grown confirmed in their discontent with the intrusion of the colonists. The
region around the Piscataway settlements was still too much of a frontier,
and exposed to the assaults of hostile bands of the natives, to be a safe or
attractive spot for peaceful settlers. The fierce Susquehannoughs, who had
ever been foes to the colony, took occasion, as they followed the war-path
against their savage enemies of the south, or the back settlers of Virginia, to
strike a blow at the unprotected Marylanders; and at times they organized
expeditions with the express purpose of surprising the frontier plantations,
murdering their occupants and plundering their dwellings. Even the
devoted and fearless missionaries began seriously to think of abandoning
their station, and establishing themselves at Potupaco (Port Tobacco), which
| Title | History of Maryland - 1 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000160 |
| Type | Books/Pamphlets |
| Transcript | A REPRESENTATIVE LEGISLATURE. 135 use, all sums of money, debts, cattle, and tobacco debts, and everything whatsoever to him due or payable from any inhabitant of the province of Maryland." In virtue of this authority, Scovell presented a petition to the governor and council of the following purport: " That captain William Claiborne, at his departure from the isle of Kent, left an estate within your province, as your petitioner is informed, amounting to a good value; since which time divers inhabitants within your province, are possessed of the said estate, but by what right your petitioner knoweth not. Your petitioner's humble request therefore is, the premises considered, that your worships would be pleased not only to allow of your petitioner's letter of attorney, but also to grant unto him free power and liberty, together with your worship's furtherance therein, for the recovery of the aforesaid estate in the hands of any, in whom it shall be found." The answer thereto is not long, but pithy, as follows:— " What estate captain William Claiborne left with this province at his departure, undisposed of, on the 24th of March, 1637, the petitioner may know, that it is possessed by right of forfeiture to the lord proprietary for certain crimes of piracy and murder, whereof the said William Claiborne was attainted the day aforesaid by judgment of the house of general assembly. If the petitioner can find out any of the said estate not possessed or held by that right, he shall do well to inform his lordship's attorney of it, that it may be recovered to his lordship's use; but if the said Claiborne, or any other to his use, have since the said day acquired any estate within the province, the law of the province, without any grant or furtherance of governor or commissioners, gives the petitioner or any other attorney of the said Claiborne, free power and authority to recover it, and, when it is recovered, such order shall be taken with it, as justice shall require." In August another assembly was summoned, and met on the 12th of October, at St. John's, where it remained in session but a short time, and after passing several laws was prorogued until the 5th day of August, 1641. At this latter session the principle of a representative legislature seems to have been fully established, the freemen of the province no longer appeared, as hitherto, in person or by proxy, but by burgesses, chosen, of course, electively, and doubtless in rude imitation of the county and borough representation which the British Parliament rests upon. v Some of the more powerful Indian tribes seem now, in 1641, to have grown confirmed in their discontent with the intrusion of the colonists. The region around the Piscataway settlements was still too much of a frontier, and exposed to the assaults of hostile bands of the natives, to be a safe or attractive spot for peaceful settlers. The fierce Susquehannoughs, who had ever been foes to the colony, took occasion, as they followed the war-path against their savage enemies of the south, or the back settlers of Virginia, to strike a blow at the unprotected Marylanders; and at times they organized expeditions with the express purpose of surprising the frontier plantations, murdering their occupants and plundering their dwellings. Even the devoted and fearless missionaries began seriously to think of abandoning their station, and establishing themselves at Potupaco (Port Tobacco), which |
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