xlii               Introduction.



           follow an order for the correct marking of a boundary tree, indentures of sale
           for land, and the settlement made at the marriage of William Bretton to
           Mrs. Temperance Jay. The appendix closes with an indenture for the sale of
           land and the assignments on the backside of it; and the already published text
           begins with the last two assignments to this indenture, the last one dated
           January 17, 1659/60, evidently between sessions of the Court. So the final
           date for this appendix is January 1659/60.
             Because the contents of the appendix form a part of the already published
           volume, the enquiring reader is referred to it, and not much need be said here.
           There are, however, several matters interesting enough or important enough to
           deserve comment. John Norwood, sheriff of Anne Arundel, humbly petitioned
           the Governor and Council, saying that there was owing to him “seuerall summes
           of Tob due . . . for the apprehending & imprisoning of Certaine persons
           called Quakers”, and asking for “some releife & satisfaction”. The Governor
           and Council, who were the same persons as the Provincial Court, referred the
           matter to the General Assembly, of which the Council in another incarnation
           formed the Upper House. Although the Assembly proceedings do not specify
           whose imprisonment it was for which Norwood presented his charges, in
           April—May 1661, it is probable that it was the Quakers. At any rate, his peti
           tion and account were referred by the Upper House to the Lower House
           (Archives, I, 400), and it was voted a little later that Mr John Norwood be
           payd 5975 lb tob out of the County of Anne Arrundell and 3351b tob. out of the
           publike Leauy according to the Journall 30th Aprill” (ibid., 420).
             Two men, who could not agree on the division left to heirs, submitted to the
           decision of umpires. There were seven cows and three yearling heifers, truly
           a hard number to divide. Humphry Howell got “ifower Cowes named Old
           Dazie, Mopus, Browne Dazie, young Browning”, and Nicholas White got
           three cows and two of the heifers: his cows were “Old Cherry, young Cherry,
           Black Dazie”. The third heifer was given to Nicholas White's daughter Ellinor
           (post, p. 675). Truly, the Provincial Court did not hesitate to take cases of
           small amounts.
             Dr. Jacob Lumbrozo, the unsavory person who runs in and out of the early
           history of the Province, demanded and got two warrants against Richard Smith,
           one for defamation, the other for assault and battery. Both were returnable next
           Provincial Court, February 28, 1659/60, but volume XLI is entirely silent
           about them.

             Also in these 1659/60 proceedings are found the documents connected with
           the approaching marriage of William Bretton and Mrs. Temperance Jay. Al
           though Bretton is often described as lord of the manor of Little Brittaine, this
           is an error: he was owner of the plantation of Little Brittaine which he
           held as of the manor (Land Office records, Liber A, fol. 209). The lady may
           have been married, or she may not: at any rate, she is always referred to as
           Mrs. Jay. Bretton, clerk of the Assembly, made over to two St. Mary's County
           men, Cuthbert Fenwick and Dr. Thomas Mathewes, for the use of Mrs. Jay and
           “such Child or Children (if any) as it shall please god to giue between her &
           mee all ye . . howses, Lands, goods, cattle & chattells hereafter sett downe &