Philip Davies; 24 August, 1652
Deposition taken at Ferryland, in Baltimore vs. D. Kirke.
Maryland Historical Society, Calvert
Papers, 174/200.
Published in Louis D. Scisco,
"Testimony Taken at Newfoundland in 1652", Canadian
Historical Review 9 (1928) 239-251, see 247-248.
Revised by P.E. Pope.
The examination and deposition of Philip Davies, inhabitant of Ferryland, to all the articles contained in the Libel annexed to the Commission of Admiralty, taken before us Commissioners, at Ferryland, August 24th, 1652.
1 To the first [as to a lawful grant to the elder Calvert], the said Philip Davies, deponent, doth acknowledge the truth of the whole article.
2 To the second [as to the Calvert right to levy imposition], she saith she never heard of any power the said Sir George Calvert had so to do.
3 To the third [as to occupation and investment by the elder Calvert], she doth acknowledge the truth of the articles, only that the said Sir George Calvert did not expend £ 12,000 as she hath heard the said Lord Baltimore speak himself.
4 To the fourth [as to fishery work by the elder Calvert], she saith that the said Lord Baltimore had not above 20 boats, that she knew of, and had stages in his possession; but who erected them, she knows not. Also those boats were employed to catch fish; but the profit she knows not.
5 To the fifth [as to devolution of properties upon Cecil Calvert], she saith she knows not of the death of the said Sir George Calvert but did hear some say that the Cecil Lord Baltimore was his oldest son.
6 To the sixth [as to agents in charge of Calvert properties], she saith that after the departure of the said Lord Baltimore, there came from him a patent unto several persons viz. William Poole, George Leese [George Lee], Sydney Taylor, Sydney Hill, planters, to take into possession the said Mansion House at Ferryland and all things else belonging to the said Lord Baltimore and had the same in quiet possession.
7 To the seventh [as to fishing and tax levies by Calvert agents], she sayeth that these 4 men, the deputies of the said Lord Baltimore, did live so possessed quietly for diverse years and kept boats only for their own provisions and accommodations, but for any imposition by them received she knows none, nor yet the profit of the said boats.
8 To the eighth [as to the manner in which Kirke took possession], she saith that the said Sir David Kirke did pretend [claim] he and the rest of the Lord Proprietors bought the possession of the said Lord Baltimore and had his patent at his coming over in the year 1638, Captain William Hill being then in the possession of the said Mansion House at Ferryland. And the said Hill did also pretend that he had a patent and an order from the said Cecil, Lord Baltimore, to take from those other men, the aforesaid deputies of the said Lord Baltimore, the possession thereof. And the said Sir David Kirke did likewise, at his coming over, warn and give notice to the said Captain Hill to prepare himself for some other place and quit his possession which accordingly he did. But, for any violence used by the said Sir David Kirke towards the said Captain Hill, she knows none. And the said Sir David Kirke continued so possessed till he went to England. For what benefit he made by fishing or imposition she knows none.
9 To the 9th [as to Kirke's use of the Calvert fishing boats], she knows of no boats or vessels the said Lord Baltimore had at the coming over of the said Sir David Kirke.
10 To the tenth [as to Kirke's levy of the imposition], she sayeth that at the first coming over of the said Sir David Kirke there was imposition taken, but the value she knows not.
11 To the eleventh [as to the beneficiary of Kirke's imposition], she saith that she believes that the imposition did belong to Sir David Kirke and not to the Lord Baltimore, because the ships that did belong to Sir David Kirke did collect it.
12 To the 12th [as to Calvert's right to reparation], she doth not so adjudge.
13 To the thirteenth [as to the legality of Kirke's acts], she doth not know whether the said Sir David Kirke hath wronged the said Lord Baltimore or no.
The mark X of Philip Davies, aged 47.
