said upon their oath aforesaid say that the tree moved to the death of the said John Briant and therefore find the said tree forfeited to the Lord Proprietary."

A Latin phrase attributed to Braceton has, sayd Bouvier, "been mistranslated so as to give rise to some erroneous statements by some authors as to what are deodands. Omnia quae ad mortem movent." says he although evidently meaning all things which tend to produce death, has been rendered move to death, giving rise to the theory that things in motion only are to be forfeited. A difference, however, according to Blackstone, existed as to how much was to be sacrificed. Thus, if a man was to fall from a cart wheel, the cart being stationary, and be killed, the wheel only would be deodand, while if he were run over by the same wheel in motion not only the wheel but the cart and load became deodand, and this even though it belonged to the dead man.

An illustration of this found in the "Council Proceedings of 1681:" "When upon motion of Mr. Robert Carvile this day made to his Lordship and Council in behalf of Mary Ashbury, of Kent Island, widow and relict of Francis Ashbury, late of the same place, deceased, supplicating his Lordship of his grace and favor to remit unto the said widow the boate wherein the said Ashbury was drowned, together with her appurtenances, issued the following ordinance:

By the Proprietary and Council of Maryland, ss:

Ordered that the boate where Francis Ashbury, late of Kent Island (was, as is conceived), accidentally oversett and drowned, with all her sails, rigging and appurtenances, whatsoever, be and remain the proper goods and chattels of Mary, the widow, and relict of the said Francis, her heyres and assigns forever, to her or

their owne proper use and behoofe forever, and that the same or any part or parcel thereof (in whose custody soever) be accordingly safely delivered to the said Mary, or her order, his Ldspp haveing signified his pleasure favorably to relinquish his claim thereunto the said Mary or her heyres, as aforesaid. Dated at St. Marie's the 19th of April, in the season the yeare of the Dominion of the Rt. honble Charles, etc., Annoq Domini 1682. Signed per order,

JOHN LLEWELLIN, Cl. Consil.

To all whom it may concern this.

This law, which sacrificed "the bana," or slayer, must have a very ancient origin and was, no doubt, founded on deep-rooted superstition. As early as the year 1200 the inanimate death-dealer was given up to the authorities of the community in which an accidental death occurred and these officers made their returns to the King.

Not until the year 1846 was the English statute abolishing deodands enacted.

CHAPTER XXIV

THE PALACE OF LORD BALTIMORE

THE Palace of St. John's!

At last we have learned the name of Maryland's first executive mansion at the "Citie of St. Maries." The infomation is printed on the back of a rare Maryland map recently brought from England, which was published in the 1676 edition of "Speeds' Prospect of the Most Famous Parts of the World." The account of Lord Baltimore's province was, however, written in the year 1674, as Cecil County, erected in that year, is shown, and the map could not have been printed earlier. And as Charles Calvert is mentioned as "the Governor," and called the "Son and Heir of the Proprietary," it could not have been written after November, 1675, as he became the proprietary himself at that time on the death of Cæcilius. The further internal evidence in the names of the Gentlemen of His Lordship's Council determine the date of this account of the province, which is both authentic and extremely valuable in the new light thrown upon the early life and government of the Calverts. I am quoting only such parts as are of special interest.

"The original seat and principal City of this Province where the Provincial Courts, the General Assembly, the Secretaries Office, and other publick Offices are held; and where the Seat of Trade is fixt is St. Maries, situate in St. Maries County, on the East-side of St. Georges River.

"Here formerly at the Palace of St. Johns, the Governor Mr. Charles Calvert used to reside; but he now hath a very pleasant and commodious habitation at a place called Mattapony upon the River Patuxent, about eight miles from St. Maries; here is also another fair house where the Chancellor usually resides.

"As for the present Government of Maryland by the English, the Lord Proprietor in the first place is invested, as hath been mentioned, with absolute power and dominion; by whose sole command all things relating to Peace or War are ordered; and in whose name issue forth all publick Instruments, Patents, Warrants, Writs, etc.

"In the enacting of Laws he hath consent and advice of the general Assembly, which is made up of two estates; the first consisting of His Lordship's Privy Council (of which the Chancellor and Secretary alwaies are) and such Lords of Manors as are called by his Lordships special writ, the other of the Deputies of the province, elected by the free voice of the Free-holders of the respective Province for which each Deputy is chosen."

While those of us who have made any systematic study of our early records know that the Calverts were possessed of "royal rights," and that their province was composed of a landed aristocracy, we now learn for the first time that a regal palace was built as the "Seate of His Lordship."

Yet that this was so there is no doubt after reading our records in the light of this lately discovered account of Maryland.

Nor can it be denied that the Proprietary required the feudal service of "fiance" of those who held manors and other lands of him.

In corroboration of the statement on the map, that "here at the Palace of St. Johns" the Governor, Charles Calvert used to reside, we find in the original Calvert papers a letter from Governor Charles Calvert to his father, dated in the year 1664, in which he says: "Mr. White has done some things as to the House and Orchard of St. Johns, which I presume he'll send Yr. Lordship this shipping."

Again in the original Calvert papers, under the date of November 13, 1633, we find Cæcilius Calvert's instructions for settling his first adventurers, addressed to his brother, Leonard Calvert.

After giving him full directions, regarding a permanent settlement, he instructs him "to seate a towne," in which the first choice of lots was to be for a "fit place and competent quantity of grounds for a Forte' and "within or neere unto this, one for 'A convenient house, and a church or chapel adjacent' for the seate of his Lordship, or his Governor or other commissioners, these to be completed only as far as is necessary at present use and not in every part as fine as afterwards they may be."

That these official residences were promptly erected there is no doubt, as the earliest assemblies are known to have met at "the Forte of St. Maries."

On February 11, 1639, certain freemen in St. Mary's County are instructed to "be at Our Secretary's house at St. Johns" and from this time on frequent references are found to the "meeting of the Assembly at St. Johns."

It is interesting to know that we had a veritable "Prince of Maryland," living in a "palace" at St. Mary's, dressing in the ermine robes of state of his rank and in