Margaret Brent

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Margaret Brent, (1601–1671), was the first woman in North American Colonies to act as an attorney before a court of the Common Law, and a significant founding participant in the early history of the Colony of Maryland and the Colony of Virginia. She ranks, with Anne Hutchinson among the most confrontational and controversial women figures to rise to prominence in early Colonial American history. Hailed as a feminist by some in modern times in advancing rights of women under the the laws, her insistent advocacy of her legal prerogatives, as an unmarried gentlewoman of property, while notable in its exceptional energy, in fact did not stray from English law. ^[1]

Born into a Catholic family, her emigration and that of her siblings occurred during a period of agitation against those suspected of recusancy preceding the English Civil War. She was one of six daughters of a total of thirteen children of the Lord of Admington and Stoke, Richard Brent, and his wife, Elizabeth Reed (daughter of Edward Reed, Lord of Tusburie and Witten, all of Gloucester, England). Ode Brent, a knight in 1066, is direct ancestor to The Brents of Stoke, by their lineage account, while Elizabeth Reed's family claimed descendancy from William the Conqueror of 1066. Margaret, her sister Mary and her brothers Giles Brent and Fulke Brent sailed together from England and arrived at St. Mary's, Maryland on November 22, 1638^[2].

Large entitlements of land grants and high political offices were secured due to their prestigious bloodline and/or political affiliations. Wanting individual independence, Margaret came to Maryland's Proprietary Governor, Leonard Calvert (with whom she shared a guardianship of Mary Kitomaquund, the daughter of a Piscataway "Emperor" chief). He appointed her his executrix while on his death bed on June 9, 1647^[2], ), with land entitlement letters from Maryland's Proprietary Governor, Lord Baltimore, entitling the Brent sisters to land grants of equal size to those of the Maryland arrivals of 1634.^[2]. Their initial entitlement was enlarged to 800 acres (3.2 km²) per sister, as written in the colonization inducements offered to women, since Margaret had also brought with her five men and four maid servants. In the end, due to the letters from Lord Baltimore, the Brent sisters each received much larger land grants. Then on October 4, 1639, she became the first Maryland female land owner. She obtained the first recorded land grant in St. Mary's, a 70.5 acre patent with which she established the "Sister's Freehold", and an adjacent 50 acres titled St. Andrew's. Next Giles Brent turned over to her a 1,000 acre (4 km²) land tract on Kent Island, Maryland as payment of a debt owed her. Her land holdings grew as she continued to import bondservants and sell their indentures.^[2].

Almost immediately, showing great determination and fearlessness, she assembled armed volunteers to assist Governor Calvert's forces in suppressing the Claiborne Rebellion upon his return from Virginia in August, 1646^[2].. He appointed her his executrix while on his death bed on June 9, 1647^[2], with Letters of Administration granted on June 19, 1647.

On January 3, 1648, with no time to spare, Lord Baltimore in England, religious tolerance in Maryland at stake, potential loss of the colony to Virginia, and Margaret Brent pacifying hungry soldiers over their pay, the Provincial Court appointed her attorney-in-fact to Lord Baltimore whereby she collected his rents and paid his debts.^[2].

On January 21, 1648, three things happened. First she entered the Provincial Court's assembly and entered a plea for voice in the assembly's council and a second plea for two votes in its proceedings (one as landowner and one as Lord Baltimore's attorney - Archives of Maryland, I, 215). Governor Thomas Greene flatly refused them, as they considered by the assembly at the time to be privileges reserved only for queens. She left resentfully with a statement to the council that she "Protested against all proceedings ... unless she may be present and have vote as aforesaid"^[2]. Secondly, the assembly defended her stewardship of Lord Baltimore's estate, stating that it "was better for the Colony's safety at that time in her hands than in any man's...for the soldiers would never have treated any others with that civility and respect..."^[2]. And thirdly she demanded corn imports from Virginia to feed hungry troops camped at St. Mary's, and may have spent all of Leonard Calvert's personal estate and Lord Baltimore's cattle to pay the soldiers wages, although there is disagreement on this matter. English law would not permit these possessions without a court order or a special act of the legislature. However Calvert's lands and buildings were added into the inventory. Margaret Brent and then Governor William Stone disagreed upon the act of a sale of a 100-acre (0.4 km²) land tract tntitled "The Governor's Field"^[2]. From England Lord Baltimore tersely objected to the selling of any of his property^[2].

She appeared a final time as Lord Baltimore's attorney on February 9, 1648 in a case against one Thomas Cornwallis, and was possibly replaced by Thomas Hatton, the new Provincial secretary^[2]. All in all, Margaret Brent entered more law suits than anyone in the colony, although she was more of a businesswoman than a lawyer. In 1658 Mary Brent died, leaving her entire estate of 1000 acres (4 km²) to Margaret.^[2].

She moved across the Chesapeake Bay and founded a community called "Peace" in Westmoreland County, Virginia. She held festive annual court leets for her people. She and her sister.^[2] never married, one of very few English women of the time in Chesapeake not to do so, and at a time when men outnumbered women there by 6:1^[2] . In 1663^[2] she wrote her will. In 1670 she assigned one half of her 2,000 acres (8 km²) in Maryland to her nephew, James Clifton. Her will was admitted into probate on May 19, 1671. She died at "Peace", Staffordshire County,Virginia^[2] in 1671. Exact dates of her birth and death are currently unknown.