th^e upper roome well daubed & sealed with morter white limed & sized, & th^e shead
sealed & lined with riven boards, And allsoe one other house to be built neare unto th^e
S^d house & upon th^e s^d acre of Land three foot within ground at th^e foundation to be
twenty & five foot long & fifteene foot wide within, & of sufficient strength for a prison,
the first roome entring to be eight foot in height from th^e lower floore, & a partition in
th° middle thereof, with, a loft or Garrett over all th^e s^d roome, & both the floores of
th^e s^d roome & loft to be well plankt, & the said loft to be six foot high & sealed & lined
with riven boards, Together with free Egresse & Regresse to & from th^e s^d houses for
all persons at all times, The s^d dwelling house to be Compleately finished for a Court-
house forthwith in manner above mentioned, And th^e s^d house for a prison to be
finished as afores^d before th^e last day of May now next ensueinge, To have & to hold
th^e s^d acre of Land & houses & all & singular th^e before graunted premises thereunto
belonging with their & every of their appurtenances from mee th^e s^d John Allen &
my heires for ever, unto th^e Right Honorable th^e Lord Proprietary aforesaid his heires
& Successors forever, To & for th^e publicke use of his & their County of Charles County
in Maryland afores^d, & th^e Inhabitants thereof for a Court house for his Ldps Justices
to hold Court in, & a prison to secure prisoners when thereunto Comitted, And to & for
these very purposes for ever And I the s^d John Allen for myselfe my heires Exec^rs
& Adm^rs doe hereby Covenant promise & graunt to & with th^e Right Hono^ble th^e Lord
Proprietary afores^d his heires & Successors, That I th^e s^d John Allen my heires Exec^rs
Adm^rs or Assignes shall & will from time to time & at all times hereafter maintein
provide & keepe or Cause to be mainteined provided & kept a publicke ordinary or house
of entertainement neare unto th^e s^d Court house & prison, for th^e Convenient enter-
tamement of his Ldps Justices & all other persons whatsoever at any time thither law-
fully resortinge: And shall & will keepe & Cause to be kept the s^d Court house & prison
in good & sufficient repair for ever except their foundations shall happen to decay with
rottonnesse, And I the s^d John Allen for myselfe my heires exec^rs & Adm^rs doe further
Covenant promise & grant to & with th^e Right Hono^ble th^e Ld Proprietary his heires &
Successors afores^d That I the s^d John Allen my heires Exec^rs Adm^rs or Assignes shall
& will when & as often as thereunto required, make, doe, acknowledge & execute all
other such further act or acts, thing or things, devise or devises, Assurance or Assur-
ances in the law whatsoever, For the further better & more sure & perfect assureinge
& Conveyinge of all & singular th^e above graunted premises with their & every of their
rights members & appurtenances to th^e Right Hono^hle th^e Lord Proprietary his heires
& Successors as afores^d to & for th^e uses afores^d for ever, In wittnesse whereof I have
hereunto sett my hand & seale this tenth day of Novmb^r in three & fortieth yeare of
the Dominion of th^e Right Hono^ble Caecilius absolute Lord & Proprietary of Maryland
& Avalon Lord Baron of Baltemore &c: Anno Domini 1674 John Allen (locus) sigilli
Signed sealed & delivered
in the presence of

Benjamin Rozer

John Jones

Memoranda, that full & peaceable possession & seizin of th^e s^d house was given by the
within named John Allen to M^r Henry Adames M^r Thomas Matthewes & M^r Ignatius
Causine three of his Ldps Justices on th^e behalfe of th^e Right Honor^bl Caecilius
Absolute Lord & Proprietary of th^e Province of Maryland & Avalon Lord Baron of
Baltemore &c for th^e uses within mentioned in th^e presence of us whose names are
here under written

Benjamin Rozer
John Jones
Cleborne Lomax ¹²

Apparently Allen found himself unable to fulfill his agreement for at the January term,
1677, Thomas Hussey was given 20,000 pounds of tobacco for finishing the courthouse and
the two rooms in the shed behind, all of this to be done by September Court following.¹³

While this creation of Allen and Hussey was relatively large, it was shortly thereafter
to be enlarged by Michael Ashford with whom the commissioners signed the following agree-
ment on September 12, 1682 :

That the sd. Michaell Ashford doth hereby promise & covenant to with the
Commission^ers of this County, to adde ten foote in Length to the Courthouse of this

12 Arch, of Md., LX, 615-18. For the sequel to the relation- ship of Allen and Hussey see Arch, of Md., VIII, 24-26; and for an interesting and somewhat different account of the court-

house of Port Tobacco see Ethel Roby Hayden, "Port Tobacco, Lost Town of Maryland," Md. Hist, Mag., XL, 261-76. 13 Charles County Court Proceedings, G No. 1, 118, Ms, 65