1663.
Report of Edmund Scarburgh, Surveyor-General, of his
Proceedings in establishing the Boundary Line between Virginia
and Maryland on the Eastern Shore--The Bear and the Cub--
Extracts from Records of Accomac.
A CONTROVERSY existed between Virginia and Lord Baltimore relative to
the boundary line on the Eastern Shore of the Chesapeake Bay. The
dispute turned on the true site of Watkins' Point, which was admitted to
be the southern limit of Maryland on that shore. The Virginia assembly,
in 1663, declared the true site of Watkins' Point to be on the north
side of Wicocomoco River, at its mouth, and ordered publication thereof
to be made by Colonel Edmund Scarburgh, his majesty's surveyor-general,
commanding, in his majesty's name, all the inhabitants south of that
Point, "to render obedience to his majesty's government of Virginia." A
conference with Lord Baltimore's commissioners was proposed in case he
should be dissatisfied, and Colonel Scarburgh, Mr. John Catlett, and Mr.
Richard Lawrence were appointed commissioners on the part of Virginia.
Lawrence will reappear in Bacon's Rebellion. The surveyor-general was
further directed "to improve his best abilities in all other his
majesty's concerns of land relating to Virginia, especially that to the
northward of forty degrees of latitude, being the utmost bounds of the
said Lord Baltimore's grant, and to give an account of his proceedings
therein to the right honorable governor and council of Virginia."[259:A]
Colonel Scarburgh's report of his proceedings on this occasion is
preserved.[259:B] He set out with "some of the commission, and about
forty horsemen," an escort which he deemed necessary "to repel the
contempt" which, as he was informed, "some Quakers and a fool in office
has threatened to obtrude." The party reached Anamessecks on Sunday
night, the eleventh of October. On the next day, at the house of an
officer of the Lord Baltimore, the surveyor-general began to publish the
assembly's commands by repeatedly reading the act to the officer, who
labored under the disadvantage of being unable to read. He declared that
he would not be false to the trust put in him by the Lord-Lieutenant of
Maryland. To this Colonel Scarburgh replied, "that there could be no
trust where there was no intrust," (interest.) The officer declining to
subscribe his obedience, lest he might be hanged by the Governor of
Maryland, was arrested and held to security (given by some of
Scarburgh's party) to appear before the governor and council of
Virginia, and "the broad arrow" was set on his door. This matter being
so satisfactorily adjusted, the colonel and his company proceeded to the
house of a Quaker, where the act was published "with a becoming
reverence;" but the Quakers scoffing and deriding it, and refusing their
obedience, were arrested, to answer "their contempt and rebellion," and
it being found impracticable to obtain any security, "the broad arrow
was set on the door." At Manokin the housekeepers and freemen, except
two of Lord Baltimore's officers, subscribed. "One Hollinsworth,
merchant, of a northern vessel," at this juncture, "came and presented
his request for liberty of trade;" which, Scarburgh suspecting to be
"some plan of the Quakers," to defeat their design, "presumed, in their
infant plantation, to give freedom of trade without impositions."
Scarburgh gives a descriptive list of those who stood out against
submitting to the jurisdiction of Virginia: one was "the ignorant yet
insolent officer, a cooper by profession, who lived long in the lower
parts of Accomac; once elected a burgess by the common crowd, and thrown
out of the assembly for a factious and tumultuous person." George
Johnson was "the Proteus of heresy," notorious for "shifting
schismatical pranks." "He stands arrested," and "bids defiance."
"Thomas Price, a creeping Quaker, by trade a leather-dresser," and
"saith nothing else but that he would not obey government, for which he
also stands arrested." "Ambrose Dixon, a caulker by profession," "often
in question for his Quaking profession," "a prater of nonsense," "stands
arrested, and the broad arrow at his door, but bids defiance." "Henry
Boston, an unmannerly fellow, that stands condemned on the records for
fighting and contemning the laws of the country; a rebel to government,
and disobedient to authority, for which he received a late reward with a
rattan, and hath not subscribed; hides himself, so scapes arrest."
"These are all, except two or three loose fellows that follow the
Quakers for scraps, whom a good whip is fittest to reform."
On the 10th day of November, 1663, the county court of Accomac
authorized Captain William Thorn and others to summon the good subjects
of Manokin and other parts of the county, so far as Pocomoke River, to
come together and arm themselves for defence against any that might
invade them, in consequence "of the rumors that the Quakers and factious
fools have spread, to the disturbance of the peace and terror of the
less knowing."
The following extracts, from the records of the county court of Accomac,
exemplify the simplicity of the times, and the quaint orthography, and
the verbosity of the records of courts; while the final decision of the
case is not less equitable than those of Sancho Panza, sometime Governor
of the Island of Barataria, or those celebrated in Knickerbocker's
History of New York.
"At a Court held in Accomack County, y{e} 16{th} of November,
by his ma{ties} Justices of y{e} Peace for y{e} s{d} County,
in y{e} Seaventeenth yeare of y{e} Reigne of o{r} Sovraigne
Lord Charles y{e} Second, By y{e} Grace of God, of Great
Britaine, France, and Ireland, King, Defender of y{e} Faith,
&c.: And in y{e} Yeare of o{r} Lord God 1665.
"Whereas, Cornelius Watkinson, Philip Howard, and William
Darby, were this Day accused by Mr. Jno. Fawsett, his ma{ties}
Attory for Accomack County, for acting a play by them called
y{e} Bare & y{e} Cubb, on y{e} 27{th} of August last past;
upon examination of the same, The Court have thought fitt to
suspend the Cause till y{e} next Court, & doe order y{t} the
said Cornelius Watkinson, Phillip Howard, & W{m.} Darby,
appeare y{e} next Court, in those habilemts that they then
acted in, and give a draught of such verses, or other speeches
and passages, which were then acted by them; & that y{e} Sherr
detaine Cornelius Watkinson & Philip Howard in His Custody
untill they put in Security to performe this order. It is
ordered y{t} the Sherr. arrest y{e} Body of William Darby, for
his appearance y{e} next Court, to answere at his ma{ties}
suit, for being actour of a play commonly called y{e} Beare
and y{e} Cubb.
"At a Court held in Accomack County, y{e} 18{th} of December,
by his ma{ties} Justices of y{e} Peace for y{e} s{d} County,
in y{e} Seaventeenth yeare of y{e} Raigne of o{r} Sovraigne
Lord Charles y{e} Second, By y{e} Grace of God, of Great
Britain, France, & Ireland, King, Defendr of y{e} Faith, &c.:
And in y{e} yeare of o{r} Lord God 1665.
"Its ordered y{t} y{e} Sherr sumons Edward Martin to y{e} next
Court, to show cause why hee should not pay y{e} charges w{ch}
accrued upon y{e} Information given by him against Cornelius
Watkinson, Philip Howard, & William Darby.
"At a Court held in Accomack County, y{e} 17{th} of January,
by his ma{ties} Justices of y{e} Peace for y{e} s{d} County,
in the Seaventeenth year of y{e} Reigne of o{r} Sovraigne Lord
Charles y{e} Second, By y{e} Grace of God, of Great Britain,
France, and Ireland, King, Defender of the Faith, &c.: And in
the year of o{r} Lord God 1665.
"Whereas, Edward Martin was this day examined concerning his
information given to Mr. Fawset, his ma{ties} Attory for
Accomack County, about a play called the bare & y{e} Cubb,
whereby severall persons were brought to Court & charges
thereon arise, but the Court finding the said p'sons not
guilty of fault, suspended y{e} payment of Court charges; &
forasmuch as it appeareth upon y{e} Oath of y{e} said Mr.
Fawsett, that upon y{e} s{d} Edward Martin's information, the
Charge & trouble of that suit did accrew, It's therefore
ordered that y{e} said Edward Martin pay all y{e} Charges in
y{e} suit Els. Exon."[262:A]
FOOTNOTES:
[259:A] Hening, ii. 183.
[259:B] This document, entitled "The Account of Proceedings in his
Majt's Affairs at Anamessecks and Manokin, on the Eastern Shore of
Virginia," is preserved in the records of Accomac County Court, and a
copy, furnished by Thomas R. Joynes, Esq., the clerk, (himself a
descendant of Colonel Edmund Scarburgh,) was published in 1833, by order
of the legislature of Maryland. I am indebted to William T. Joynes,
Esq., of Petersburg, for the use of this report, and for some other
interesting particulars relating to the Eastern Shore.
[262:A] "The foregoing are true transcripts from the Records of the
Court of the County of Accomack, in the State of Virginia."--Test: _J.
W. Gillett, C. A. C._