ARCHIVES OF MARYLAND VOL. 41
PROCEEDINGS OF THE PROVINCIAL COURT 1658-1662
NOTE: This is copied off a OCR transcription so there may be some errors, most spelling is accurate when compared to documentation.
p.231
Proprietary v. Hutt April 18th, 1659
Writt to the Sheriffe of Charles County to warne John Waltham &
Thomas Payne to testify one the behalfe of the Lord Prop agst
Daniel Hutt, sub poen 500l Tob each. Ret. next Prouinciall Court ut
supra.
p. 250 Attorney General V. Hutt
Richard Smith Attorney Generall on the behalfe of the Right
honble the Lord Proprietary of this Prouince Sheweth That Daniel
Hutt Master of the Barke called the May flower, not being an
Inhabt of this Prouince, did wthout Lycence uppon the 29th day of
March last, att Pamaunkey, in Pascatoway Riuer, & diuers times
since wth the Indians, Inhabitants wthin this Prouince for Corne
unlawfully trade; & in the sd Barke, the sd Corne endeauor unlaw-
fully out of the Prouince to transport, wthout lycence first had &
obteyned contrary to the seuerall Lawes, in tht Case prouided. And
prayeth tht the Court will according to the sd seuerall Lawes agst the
sd Hutt, & the sd Vessell to proceed. The deft sayth tht hee hath not
broken the Laws or Acts of this Prouince in soe trading, as is
alleaged, And if any thing was committed by him in tht kind, was
through ignorance done, & not in contempt of the gouermt or Lawes
of the Prouince. And preferd' his Petn to the Board to tht effect.
Whereuppon the Wittnesses were examined.
Thomas Payne sworne in open Court, Sayth, That hee went in
the Vessell belonging to Mr Hutt up Patowmeck Riuer, to a Towne
called Pamaunkey & tht the Indians brought Corne to the shoare
side, & the Barks company in their owne Boate fetcht itt aboard.
And tht there were more guns in the Vessell then usually they did
carry to secure it: But knows not whither any of the sd guns were
sold or noe: neyther saw hee any of them carryed from aboard, And
tht hee hath scene but little powder in the Barke, Nor knoweth hee
wth what kind of Truck, the Corne soe brought on board was pur-
chased wth, from the Indians, (hee being neuer but once ashoare),
& that Mr Dodman & one Maphey went up the Riuer in the sd Vessell
allso.
John Walton aged 36 yeares, or there abouts sworne & examined
sayth That Capt Stone, & hee this Depont, being up att Patowmeck,
in Patowmeck Riuer, mett there Mr Daniel Hutt wth a Barke, & tht
the Barks Boate was up the Creek trading wth the Indians, & Daniel
Hutt, & Robert Maphyes tould this Depont, tht they had bought
more Corne then they had yett aboard & he further declareth, tht the
same day hee this Depont was buying Corne & the sd Maphyes bought the Corne from him of the Indians, hee paying in priuate for
it, soe tht this Depont knoweth not what Truck, they gaue for it, &
further sayth not John 1 Walton
Jurat Cora Josias ffendall his marke.
Attested allso by the sd Walton in open Court.
Thomas Mitchell Mariner aged 38 yeares or thereabouts sworne &
examined sayth That about the 29th of March, hee went up Patow-
meck Riuer in the Vessell commonly knowne by the name of the
May fflowre, (Danil Hutt Master) unto an Indian Towne, where
they tooke in Corne, but the quantity he knoweth not, ffurther he
p. 251
sayth tht the sd Corne was purchased wth wampompeck, or Roanoke.
And tht Mr Dodman, & a stranger was wth them, whose name this
Depont knoweth not, & further sayth not. Thomas P. Mitchell
Jurat Coran Josias ffendall. his marke.
Thomas Jaruise aged 24 yeares or thereabouts, sworne & examined
Sayth, That being wth the Gouernor att Pamaunkey 5o Aprilis last,
was told by the Indians, That the Vessell wch was there att that time
trading belonging to Mr Hutt, brought up a greate many guns, &
powder & shott & further sayth, tht hee saw a new gun, tht an
Indian had, And further sayth not. Thomas Jaruise.
Jurat Cora Josias ffendall.
John Lee aged 24 yeares or thereabouts sworne & examined &
being asked whither there were any Guns carryed up wth them in
their Vessell, more then for their owne use, Sayth that there was :
but knoweth not, tht any of them were sold to the Indians, And tht
hee did not see them comming downe, nor since he came downe: &
therefore supposeth them to bee Mr Dodman's guns, And further
That hee knoweth not whither the master knew of them or noe;
but the sd Guns lay open to the publicke ueiw in the hold, And being
further asked, whither they tooke in any Corne at Mr Adam's howse,
or att any other Englishmans howse? Answereth, That they tooke
in Corne att noe other place, but only att the last Indian Towne they
were att, wch hee heard called, by the name of Pamaunkey & sup-
poseth tht this Corne was bought wth Roanoake, & further sayth not.
Jurat Cora" Josias ffendall John Lee
Attested allso by the sd John Lee in open Court.
And the Court, uppon a full hearing of both parties, Examinaon
of the Wittnesses, & consideraon of the Corne on board the sd Vessell,
taken by order from the Gouernor, Judged tht the sd Vessell, wth all
her furniture and Loading bee & are forfeited to the Ld Proprietary,
according to the seuerall Acts for Trade, prouided.
The Court adiorned by the Gouernor till Munday morning 8
o'clock
p.266
May 9th, 1659
Re: Mayflower
Whereas in right of a Commis" to mee Graunted from the Right
honble Caecilius Lord Baron of Baltemore, Lord Proprietary of this
Prouince of Maryland to bee Admirall in all the sd Prouince, thereby giuing and graunting mee Samuel Tilghman of London Mariner the
full third part or parts of all Wracks or fforfeitures wthin the sd
Prouince committed below high water marke. And whereas Mr
Daniel Hutt of New England hath wthout Commisn gone Contrary
to the Law of the 3d Prouince, & traded wm the Indian Inhabitants
thereof, Whereby his Vessell called the May fflowre became prize, &
stands Condempned through his the sd Hutts default.
Now know all men by these pents tht I Samuel Tilghman as
Admirall aforesd doe for the Consideraon of Two Thowsand fower
hundd pownds of Tob by me receiued of Dauid ffereira as the
ualue of Thirty pownds sterl, bargaine, sell, alien, & for euer Conuey
unto the sd Dauid ffereira his heyres, Execute", Adrhistrators or
Assignes all my Right, tytle & interest of the Third part of the sd
Vessell, wth the third part of all Anchors, Cables, rigging, Sayles,
boates, goods, wares, & merchandizes whatsoeuer belonging or ap.
purtayning to the sd Vessell, And I doe on the behalfe of my selfe,
my heyres, Executers & Admistrators warrant the sd third part unto
Dauid ffereira his heyres or assignes for fiueteene months after the
date hereof. Wittnes my hand & Seale this 2d day of May 1659.
Samuel Tilghman
Seale.
In the pence of Henry Coursey Edward Packer.
p. 350
Thomas Alanson sworne & examined the 29th ffeb. 1659 Sayth,
That about the last of Nouembr, or the beginning of Decembr, last
past, this Depont heard Richard Bott say, That a hogshead of Tob,
wch hee was to receiue for Mr Hutts use, was for the use of Thomas
Cole deceased, ffor wch Dauid Thomas stood engaged for the sd
Thomas Cole, for a hogshead of Tob. unto the sd Hutt, And further
sayth that hee this Depont saw the hogshead of Tob, payd to the
sd Richard Bott, for the use of the sd Cole to Hutt.
Jurt &c: Coram me Peter Bath.
Vppon the Petn aforesd of Anne Thomas the Relict of Dauid
Thomas deceased, And the Bill of Charges thereunto annexed. The
Court putt the same to a Jury, to consider of the Accompt there
charged amounting to 2970l Tob, Who giue in their Report, or
Verdict as followeth, (Viz) Concerning the Debt of Thomas Cole
Vn Davidl Thomas Its thought fitt to allow her.
ffor 2 summers dyett
ffor his washing 2 summers
ffor I hhd of Tob payd Mr Hutt
ffor the funerall Charges, & the rest of the expences
since his Death, prouided shee make Oath to it
Wch summe Wee find some Euidence for, And for the Remainder
of her Acct wee hold allso fitt to be satisfyed, Prouided shee can
eyther att present or hereafter make it, or any of it by euidence
appeare to be her iust due.
Ordered by the Board according to the Verdict.
The Court adiorned by the Gouernor till tomorrow att 10 a Clock
& to be holden att Mr Robt Slyes howse in the same Mannor
p. 372
Re Hutt's Vessel
The humble Petn of the Subscribers Wee yor Petrs desyre tht yor
honrs will be pleased to consider our trouble & paynes wee tooke in
taking Mr Hutts Vessell, being yett unsatisfyed allowing us satis-
faction for our sd paynes & trouble, & yor Pet" shall euer pray &c :
Richard Morris Thomas Jaruise John Ward Peter Carre Robert
Willson fower dayes
John Dowglas Willm Craford Henry Peere ffiue dayes
Hugh Neale Daniel Johnson Samuel Parker Eight dayes
Ordered uppon the Petn that the Seuerall Pet" haue Twenty
pownds of Tob a day allowed them out of the profitt or price of the
sd Vessell.
p.408
John X benson
Mr Daniell Hutt this 21th of ffebruary demands the Ensuing to
be entred among the Records of the Proull Court vizt
New Port the 8th of June 1660
Mr Daniell Hutt you being Master of the Ketch Johns Adventure,
and being now bound to the Barbados My advice to you is that you
take the first opportunity and sett saile, and being arrived at the
Barbados, Deliuer your Letters and the Mares and horses to Mr
daniell Browninge desiring speedy dispatch, but in Case Mr Browning
be not there, if it may be without detaineing of you I desire you will
sell a Mare or horse or two to procure these things as followes 10 or
12 barren's of very good Rum 10 Barrells of good Malases 3 or 4
barrells of Muscovado Sugar for our owne store 100 weight of
good white Shugar, Two good baggs of very good Cotton wooll,
and being dispatcht deliuer at your Retourne these things at my
howse in New Port, and come to Boston with the Rest, but in Case
it proue late in regard of your voyadge to Virginia, if you haue such
as you confide in to bring the Ketch about, you may come to Boston
by land takeing a horse at my howse in Newport, this desireing your
welfare and the presence of God with you I remaine
Your freind William Brenton
p. 409
New Port on Road Hand the 23th of Aug. 59. :
M Daniell Hutt you being Marchant of the Pinke Adventure being
now bound to Virginia, and there being shippd by me William
Brenton, and there to loade and dispose of the said Pinke Adventure,
The Charge amounting to the sume of Six hundred fforty Six pounds
Ten shillings and Six pence as appeares by speciall bills of percells
Invoices and ingagements due in Virginia, My Order and advice is
that you endevour to loade in Virginia with good Leefe Tobacco and
send her to the Manadas and there order or Consigne the said
Tobacco to such person or psons as you can best confide in for my
advance if you cannot come your Selfe, But in Case you be dis-
couradged to come to Manhades you may come or send it to me at
New Port, And Because the Pinke is too small for my imployment
if you can I desire you would endevour the Saile of her, And if you
can meete with one in her steede. In all your transactions both in
sayles and retourne, and in the disposeing of the Pinke, and in
buying another all to bee imployed to and for my use I leeue it to
your mannadging, desiring you to informe me by all Conveniences
of the transactions of your business I did wright to Mr Edward
Prescott, and did referr him to yourselfe in my behalfe, about loading
some parte of his Vessell with Tobacco for Hambrough. If you
doe any thing in it agree upn what tearmes both for the freight to
Hambrough and home, and what part or pcell of goods shalbe myne
upon the retourne of the vessell to be deliuered at Newporte on Road
Hand Remember me kindly to my Cosen Prescott I aduised him I had
left the mannadging of my buisness to you, and if you see what I
write to him you may be better informed of my proposalls, Thus
desiring you euerlasting welfare I remaine
Your loueing freind and imployer
William Brenton
p.419
John Hawkins p Attorn. Walter Fakes v. Daniell Hutt deft.
The Complainant sueth for to know by what power he the said
deft purchased a Catch from him for the vse of Mr Brenton of New
England, To wch the deft consents and produces to the Court a lere
from the said Brenton dated the 23th of August 1659 The Court
orders that the said Letter be recorded and Copy thereof giuen to the
Complainant
p.420
Hawkins v. Hutt
To the honnoble Gouernor and Councell
The humble Petition of John Hawkins Sheweth whereas daniell
Hutt being Attorney of Mr William Brenton of New England
marchant, Your petr humbly desireth that the said Mr Daniell Hutt
may be compelled by this honnoble Court to giue so sufficient security
to your Petr that his Pay may be ready according to the tennor of
the Bond And yr petr shall euer pray as in duty bound.
The Petr haueing not stated his suite legally, It is ordered that a
Nonsuite be in this Cause.
