W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1969 The Governor's Council of Maryland, 1634-1689 Eleanor Putnam College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the United States History Commons Recommended Citation Putnam, Eleanor, "The Governor's Council of Maryland, 1634-1689" (1969). Dissertations, Theses, and Masters Projects. Paper 1539624677. https://dx.doi.org/doi:10.21220/s2-dn83-6e96 This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. THE GOVERNOR*S COUNCIL OF MARYLAND «i 1634-1689 A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfillment Of the Requirements for the Degree of Master of Arts By Eleanor Putnam 1969 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirements for the degree of Master of Arts ______ Eleanor Putnam_____________ Author Approved, August 1969 Thad W. Tate, Ph.D. Bruce M. McCully, Ph.D. 453235 ACKNOWLEDGEMENTS The writer wishes to express her appreciation to Professor Thad Tate, under whose guidance this research was completed, for his suggestions, criticisms, and encouragement throughout the investigation* The author is also Indebted to Professor Jack p* Greene who suggested the topic of this thesis* ili TABLE OF CONTENTS ACKNOWLEDGEMENTS . ( * .......... ill ABSTRACT Vi INTRODUCTION 2 BIOGRAPHIES OF THE COUNCILORS «*«***•»*«#»# 12 Barber, Luke ................ • • » « + •••* 12 Bateman, John • •»**•••»«#••«•••*• 16 Blount, william ••••••*•••••••••«« IB Boughton, Richard • ,•*.**•••«•••«»« 19 Brainthwaite, William, (Esqr*) •••••*•»«* 21 Brent, Giles •*»•*•«•*•«<••••••• 24 Brooke, Brookes, Baker «*«*•«*•«•»«•« 29 Brooke, Robert* * * • #«••#«••*•••*• * 32 Burgess, william •«••*•*••»*••••«* 43 Calvert, Philip « ••« ........ 73 Calvert, William •••»••••*•••••••• 42 Chandler, Job ••»•••••••«••'»•«•• 46 Chew, Chewe, Samuel «,•••#***,«**•»• 48 Clarke, Robert *»•««**•*••,»»•,** 50 Cornwalleys, Cornwaleys, Cornwallis, Thomas * • • « 53 Darnall, Darnell, Henry » « i 59 Darnall, John «**»«««««*««•««•»«# 63 Digges, William •«•••»#••«••»*•••• 65 Eltonhead, William • 68 Evans, William • #,#«•••«•*•»••••• 70 Fitrherbert, Edward • «*•••*•,*•*•••• 74 Gerard, Gerrard, Thomas • • *#•«**•##«# * 75 Gibbons, Edward •••••»••••••• ....... 86 Greene, Thomas 88 Hatton, Thomas #•«*«**••*•••••«•• 92 Hawley, Jerome *#«•••,.,»•*•»•»*« 96 Hill, Clement .»»»••*«•*•»•»•«♦•» 97 Joseph, William *»••*»«••*•*•#••«* 99 Langford, John »*•«••».**•»•»««•* 101 Lewger, John * t • * * ......... * • « 103 Lloyd, Edward 107 Lowe, Vincent *«•••«»« i•*•*«*«»* # 110 Mitchell, William • «**«* 4,*,**»,«* « 112 Neale, James •.**»••**«*«•»*•* t t 114 Pile, Pille, John ........... .......... * . 117 Price, John » * ,« •*#,*,%***«•««• « 119 Pye, Edward 122 Roser, Benjamin • •»•*«•*••***»*••« 124 Sewall, Henry •*•»*♦«»••••**•*«•• 621 iv V BIOGRAPHIES OF THE COUNCILORS (cont'd#) Bewail# Nicholas 123 Stevens# Stephens# william #»#»»••#»«•«# 121 stone# william *•«•##«**#*••*«»**• 134 Talllor# Thomas »•»«•**#•*•«»##*•# 133 Talbot# George ##*##***#••**•««••« 140 Talbot# william (Sir) ***•**•»#•*«**• 143 Trafford# Francis .*•«•»**•«#•••*•* 145 Trueman# Truman# Thomas • »*•#«•«*•###* 146 utie# Nathaniel *##•##♦**#♦#*«*♦** 152 Vaughan# Robert ***«##*•#«**#**#** 155 Wharton# Jesse •*•»#«*##«*#»***»•• 160 White# Jerome #**«««•***#«*»#***• 162 Wintour# Robert • » 164 APPS80IX «• Full Footnote Citations ••*#*#•«•*« 165 BIBLIOGRAPHY »**»**#•«'*••#<•«*••»* 761 VITA 361 ABSTRACT The purpose of this paper Is to study the Governor*® Council of Maryland from 1634 to 1689 in terms of the men who were appointed to the Council by the Lord Proprietor or his governor in Maryland* In writing the biographies of the Councilors several questions were posed* to be answered within the limits of available information# when did the Councilor emigrate to Maryland* or when did he first appear in the Maryland records? was he related to the Calvert family or another councilor# and what was his religion? To what posts was he appointed when in Maryland on the county or provincial level in addition to Council service# and what was his profession and occupation? what relationship was evident# if any# between the other appointments held by a man and his appointment to the Council? Finally# what were the Councilor*© land holdings? An analysis of these factors fi>r the fifty-two man who sat on the Council shows that the most important influence on the Council as a whole was that of the Lord Proprietor# THE GOVERNOR'S COUNCIL OF MARYLAND 1634-1689 INTRODUCTION During tine years from 1634 to 1689 when Maryland was governed as a proprietary province by Cecillus, second Lord Baltimore and Charles# third Lord Baltimore# one of the important instruments of proprietary control in Mary­ land was the governor1® council* In the first extant com­ mission to the governor and Council dated 15 April 1637, Lord Baltimore enumerated the power© and duties of the governor and then stipulated thati for the better assurance of him our lieutenant CgovernorJ in the Execution of the premisses, and of the charge by us Comitted Csicl to him we have appointed*»« (specific men are named} with whome our Said Lieutenant shall from time to time advise as he Shall See cause upon all occasions concerning the good of our Said Province and of the people there*«*.(Archives of Maryland* III, p*52~53)* This commission also empowered the Council to appoint a new governor should the present incumbent die or be absent from the Province without naming a successor or deputy, (Archives of Maryland* III, p*54)* In subsequent commissions the wording was altered but the meaning remained the samef the Council was merely an advisory body to the governor on matters which were laid before its members • The power to nominate an interim governor was dropped* Generally later commissions to the Council, such as the ones issued in 1644 and 1665, simply named the members of the Council and instructed them 2 3 to advise the governor, (Archives of Maryland. Ill, p*158i XV, p*7) * These commissions also conferred the powers of justices of the peace upon each individual councilor* In addition, Baltimorecs instructions to the governor stipulated that the councilors sit with the governor as the Upper House of the Assembly* Perusal of the records of Council meetings shows that, in general, the province was governed by the governor and Council in a situation perhaps analogous to the governing of England by the king in Council, although both governor and Council in Maryland were limited by the lord Proprietor** commissions and instructions, as well as the acts of Assem­ bly* The governor and Council issued proclamations and Council orders to deal with situations not covered by acts of Assembly in governing the province between Assembly ses­ sions, and to implement acts passed by the Assembly, espe­ cially during the early years • in this area the governor and Council issued writs for the convening of county courts and assessing and levying of public charges according to acts of Assembly* The governor in Council maintained rela­ tions with envoys from other colonies in the area, partic­ ularly Virginia and the Swedish settlements on the Delaware* The Council supervised negotiations with various Indian tribes and carried on war, ordering e^qpeditions against hostile tribes (or against insurgents within the colony)• Toward this end militia officers were appointed and commis­ 4 sioned In each hundred and county by the governor and Council# The council also commissioned all county officials such as the cotinty commanders* county court justices* sheriffs* and coroners* In addition to its appointive functions the Coun­ cil acted as a licensing and regulatory agency* issuing licenses for ordinary keepers* traders* and occasionally for certain Indian servants to carry guns* During the first years of the Maryland province* the Council erected new hun­ dreds and counties* and fixed quit rents on newly granted lands* Later both these functions were exercised by Lord Baltimore in proprietary Instructions to the Council* Finally* the council sometimes commuted sentences passed by lower courts (although pardons for serious political offend­ ers were only granted by the proprietor)* and the Council held hearings to determine whether an offender should be held for trial at the next Provincial Court session* The Provincial Court consisted of the governor sitting in his capacity of chief magistrate of the colony* and the councilors sitting as justices# The court was probably formed on the basis of the following instructions contained In the 1637 commission from Lord Baltimore to the governor and Councils When the life member or ffreehold of any person or persons shall happen to come into question within our said province* We Doe hereby Give and Grant to him or Said Lieu tent CsiCj or to Such persons as We Shall from time to time by our Letters * •«nominate and appoint to be of our Councell within the Said Province or to any three of them whereof our Said 5 Lieutenant always to be one# full power and authority to inquire and determine thereof according to the laws of our said province#
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