CHAPTER II.
THE ISLE OF KENT
This beautiful island was settled, as we have seen, between the years 1627 and 1630, by William Claiborne, its government organized as a colony of Virginia and as such represented in the General Assembly of Virginia, which was held at James City on the 21st of February, 1631-2.
It appears that, toward the latter part of the year 1637, the Isle of Kent had been in some measure reduced to the obedience of Lord Baltimore. Claiborne had failed in his attempts to regain possession of it, by force, and had, as before stated, been sent by the Governor of Virginia to England, to seek what remedy he might find there.
It now became necessary to extend and establish the civil authority of the Lord Proprietor over the Island, as a part of the Province of Maryland. Accordingly, on the 30th day of December, 1637, Leonard Calvert, Governor of Maryland, constituted and appointed his "good friend Captain George Evelin, of the isle commonly called Kent," "to be Commander of the said Island and the inhabitants thereof," with power to elect and choose a Council, and to call a. "court of courts," to hear and determine "all causes and actions whatsoever civil" not exceeding in damages or demands the value of ten pounds sterling, and with the criminal jurisdiction of "justice of peace in England," not extending to life or member, etc.
Notwithstanding, and although, Claiborne was absent, many of the inhabitants did not hesitate to express their contempt for and resist the constituted authorities; and it was deemed necessary that the Governor, assisted by Captain Thomas Cornwallis, one of the Council, and a competent armed force, should proceed to the Island and reduce its seditious inhabitants, by martial law if necessary.
The Governor thought the emergency a serious one, and he appointed Mr. John Lewger, his secretary, to act in his stead during his absence from St. Mary's.
On the 22d day of April, 1638, Governor Calvert appointed William Brainthwayte to be "Commander of the Isle of Kent in all matters of warfare by sea and land necessary to the resistance of the enemy or suppression of mutinies and insolencies," in all matters civil and criminal to exercise the jurisdiction of a Justice of the Peace, to hold a court of courts, and to hear and determine all causes civil "not exceeding in damages or demands to the value of one thousand weight of tobacco."
A General Assembly met at the Fort of St. Mary's on Monday, the 25th of February, 1638-1639. Mr. Nicholas Browne, planter, and Mr. Christopher Thomas, appeared among the Burgesses, as the delegates from Kent. Their credentials, the returns from the Isle of Kent, were certified by twenty-four signatures. Supposing these signatures to have been the names of all the male heads of families, then on the Isle of Kent, as they most probably were, it would afford a tolerable datum from which might be inferred the aggregate white population of the Island at this period of time. Accounting five to a family, the usual computation the population would amount to one hundred and twenty souls.
At this Assembly (1638-1639) the powers of the Commander were more clearly ascertained, and a "court of record" was erected, to be called the Hundred Court of Kent; of which the Commander of the Island - was to be the judge, and from which court an appeal lay to the County Court at St. Mary's. Provision was also made for the Supreme Court at St. Mary's to sit occasionally on the Isle of Kent.
In consequence of dangers arising from the hostility of the "savages," Captain Giles Brent, Esq., one of the Council, "was commissioned, February 3d, 1639, 'to be Commander of the Isle of Kent," with military powers. This was for special and temporary purpose. He remained on the Isle, in commission but a few months for it appears that on the 14th day of August, 1640, William Brainthwayfe was acknowledged by the Governor as Commander of the Isle. and "Giles Brent," as the treasurer of the province.
The Indians had again become so hostile that the Governor on the 10th day of July, 1641, issued his Proclamation, Prohibiting all Persons whatsoever to harbour or entertain any Indian, under pain of the penalties of martial law, and declaring it unlawful for any inhabitant whatsoever of the Isle of Kent to shoot, wound or kill any Indian whatsoever coming upon the said island.
On the 16th day of December, 1642, Mr. Giles Brent was appointed, by commission to be Commander of the Isle and County of Kent; to be Chief Captain in all matters of warfare; and to be Chief Judge in all matters civil and criminal, happening within the said Island, not extending to life or member or freehold. In the same commission also, William Ludington, Richard Thompson and Robert Vaughan were appointed to be commissioners within the said Island' to all powers and effects as to commissioners of a county by the law of the province do or shall belong. Commissioners of a county appear to have been then considered as having not only the power of conservators of the peace at common law, but as thereby authorized to hold a county court. These gentlemen seem, therefore, to have been now first authorized to hold a county court in the Isle of Kent.
If any such court was held by them the record, and all evidence of it, has been lost.
Page(s) 24-28, History of Kent County, Maryland, 1630-1916, by Fred G. Usilton, 1916
Transcribed by Nathan Zipfel for the Maryland History and Genealogy Project