powder and three pounds of shot, or so much in value, for every ton burden to Lord Baltimore and his heirs. These duties, said the solicitor, had been turned into money at the rate of fourteen pence per ton, and applied to the use of Lord Baltimore, and not to the use of the government.

10. "I conceive," said he, "by the words of the act, this duty belongs to Lord Baltimore, to be received by him and applied to his own use; and it would be a thing of dangerous consequence to admit parole proof of an intention in the lawmakers, different from the words of the law, by saying that the duty which the act calls a port duty was intended to be a fort duty."

11. The provincial legislature of 1692 passed an act imposing a tax of fourpence per gallon on liquors imported into the province, which was to be used in paying the salaries of councilors of state, justices of courts, and in repairing court-houses and jails. This act continued in force for three years from the date of its approval.

12. In 1693, Sir Lionel Copley, first royal governor of Maryland, died, and Sir Francis Nicholson was appointed to fill the vacancy. He called a session of the provincial legislature, which came together at St. Mary's on the 21st of September, 1694.

13. At this session an act was passed "for the encouragement of learning, and the advancement of the natives of the province;" and also an act prohibiting masters of ships or vessels, or any other persons, from conveying or transporting any person or persons out of the province without passes.

14. On the 18th of October in this year the assembly passed an act confirming all proceedings, judicial, military, and civil, from the death of "his Excellency Lionel Copley," late governor and captain-general of Maryland, until the arrival of "his Excellency Francis Nicholson" in the province.

DEATH OF QUEEN MARY.

79

15. At this session a law was made for erecting "Ann Arundel and Oxford towns" into ports and towns. The land called the town land at Providence on the Severn River, and the land at Oxford in Talbot County, were made ports of entry where all ships and vessels might come for entering and clearing.

16. It was ordered that one hundred acres of land should be laid out at each port, and marked, staked out, or divided into streets, lanes, and alleys, with open spare places left, on which might be erected a church, chapel, market-house, or other public building. The law provided that a jury of freeholders should be impaneled to ascertain the real value of the land and pay the owners for the same. Purchasers

of lots in these towns were granted in them a perpetual inheritance, as well as their heirs and assigns for ever; and the deeds given to purchasers were made good "even against Charles, Lord Baron of Baltimore, and his heirs and successors." The lots consisted of one acre of ground, and were held at an annual rent of one penny per acre, payable to Lord Baltimore and his successors in the line of barons.

17. The legislature of 1694 imposed a tax of fourpence per gallon on liquors imported into the province, which was to be used for building and repairing court-houses, free schools, and bride wells. Another law forbade the carrying of liquor to the Indian towns and cabins; and at this session steps were taken toward the erection of a court-house in "Ann Arundel town," now Annapolis. A supplicatory act to the king and queen of England was also passed, praying for the erection of free schools in the province, and another act for the encouragement of such persons as might build water mills.

18. On the 28th of December, 1694, Queen Mary died in England, and the province of Maryland passed under the government of her husband, who reigned alone as King William III.

19. On the 22d of May, 1695, an act was passed, repealing the acts of 1692 and 1694, which established the Protestant religion in Maryland. In the same year it was enacted "that the two ports of Ann Arundel and Oxford should be called and known by the names of Annapolis and Williamstadt."

20. At the May session of the legislature in 1695, it was enacted that, from and after the 23d of April, 1696, the bounds of St. Mary's County should begin at Point Lookout, and extend up Potomac River to the lower side of Budd's Creek, and over, by a straight line drawn from the head of the main branch of said creek, to the head of Indian Creek in Patuxent River; including all that land lying between Patuxent and Potomac Rivers, from the lower part of the said two creeks and branches of Budd's and Indian Creeks, by the line aforesaid and Point Lookout. Upon the upper side of Indian Creek and Budd's Creek, the bounds of Charles County should begin, where the upper bounds of St. Mary's end, and extend upward as far as Mattawoman Creek and branch, and bounding on the said branch by a straight line drawn from the head thereof to the head of Swanson's Creek in Patuxent River. These boundaries included all that land lying on the upper part of Budd's Creek and Indian Creek branches, where St. Mary's County ends, to the lower side of Mattawoman Creek and branch, and Swanson's Creek and branch, between Patuxent and Potomac Rivers.

21. The land from the upper side of Mattawoman and Swanson's Creek and branches, extending upward, bounded by Potomac on the west, and Patuxent River on the east, was erected into a county called Prince George's County, which should, after the 23d of April, 1696, being St. George's day, enjoy all rights and benefits equal with the other counties of the province.

22. In 1696 the island of Kent was added to, and made

a part of, Talbot County. The part of this county lying on the north side of Corsica Creek, running up the main eastern branch of the same, and then with a course drawn east to the outside of the province, was to be the southern boundary of Kent County; the boundary of Cecil County being the boundary of Kent on the north.

CHAPTER XI.

1696-1704.

Provincial Schools.-Governor Nicholson.-Annapolis incorporated.—The State-house." Fountain of Healing Waters."-Rolling Roads.-The Indians.--Death of King William.--" Toleration and Ease."-State-house

burnt.

1. AT a session of the general assembly of Maryland, held at the port of Annapolis on the 1st of July, 1696, an act was passed petitioning the king of England to establish a school in the province, which should be free, and in which "Latin, Greek, writing, and the like, should be taught and studied."

2. "From the sincerity of our humble and loyal hearts," reads the preamble to the act, "we offer to your sacred person our most dutiful and sincere thanks for your royal care and protection to us; for your majesty's princely zeal and pious care of our mother, the Church of England, and for extending your royal benediction to our neighboring colony, your majesty's subjects and territory of Virginia in your gracious grant and charter for the college or place of study in that colony.

3. "In humble contemplation whereof, and being excited by his present excellency, Francis Nicholson, Esquire, your majesty's governor of this your province, his zeal for your majesty's service, pious endeavors, and generous offers for the propagation of Christianity and good learning, herein we become humble suitors to your most sacred majesty to extend your royal grace and favor to your ma