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A49161 The Lord Baltemores case concerning the province of Maryland, adjoyning to Virginia in America. With full and clear answers to all material objections, touching his rights, jurisdiction, and proceedings there. And certaine reasons of state, why the Parliament should not impeach the same. Unto which is also annexed, a true copy of a commission from the late King's eldest son, to Mr. William Davenant, to dispossess the Lord Baltemore of the said province, because of his adherence to this Common-wealth. Baltimore, Cecil Calvert, Baron, ca. 1605-1675. 1653 (1653) Wing L3040; ESTC R217733 10,099 25

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Virginia and therefore they were concerned in that Article and they further humbly desired in the sayd Petition that the Lord Baltemore's Officers might be restored to their places in Maryland under him that the Petitioners might quietly enjoy the Priviledges of the sayd Patent of Maryland upon confidence whereof they had Adventured so much of their fortunes thither as aforesayd Whereupon divers Parchments under the Lord Baltemore's hand and seale which were sent out of Maryland by the sayd Capt. Bennet and Capt. Cleyborn were at that time produced to the House by a Member therof who it seems conceived that there would appear something in them wherby the Lord Baltemore had forfeited his said Patent or at least that his Authority in Maryland was not fit to be allowed of by the Parliament The House on the 31. August 1652. referred the sayd Article concerning the old Limits of Virginia to the Committee of the Navy to consider what Patent was fit to be granted to the Inhabitants of Virginia and to hear all Parties and consider of their particular Claims and report the same with their Opinions to the Parliament and the sayd Parchments delivered in concerning Maryland were also referred to the same Committee The Lord Baltemore accordingly made his claim before the said Committee unto whom he delivered a true Copy of his said Patent and desired therefore that the Patent which the Virginians were Suitors for might not extend to any part of Maryland it being made appear to the said Cōmittee that that Province had not been for these 20 years last past accounted any part of Virginia and that the Virginians had neither possession of any part thereof at the time of the making of the said Articles nor for 20 years before nor that the present Inhabitants of Virginia had ever at all any right unto it Then upon the suggestion of a Member of that Committee certain Exceptions against the Lord Baltimores Patent and his Proceedings thereupon in Maryland were shortly after presented in writing to the said Committee unto which the Lord Baltemore put in his Answer also in writing which was read and the Committee upon debate thereof it seems thought not fit to deliver any Opinion in the business but Ordered that the whole matter of fact should be stated by a Sub-Committee and reported first to the said Grand Committee and afterwards to the House The Exceptions aforesaid were many but the substance of them are reduceable to these heads following which are set down by way of Objections with Answers to them 1. Object A pretended injury done to the Virginians by the said Patent in regard Maryland was heretofore part of Virginia Answ. The present Inhabitants of Virginia had never any right to Maryland no more then to New-England which was part of that Country heretofore called Virginia aswell as Maryland but distinguished and seperated afterwards from it by a Patent as Maryland was There was indeed a Patent heretofore granted by King James in the 7. yeare of his reign of a great part of that northern Continent of America which was then called Virginia to divers Lords and Gentlemen here in England who were by that Patent erected into a Corporation by the name of the Virginia Company in which tract of land granted to the said Company that Country which is now called Maryland was included but that Patent was Legally evicted by a Quoranto in the then Kings Bench in 21. year of the sayd King James 8. or 9. years before the Patent of Maryland was granted to the L. Baltemore which Company or Corporation the Inhabitants of Virginia desire not now to revive by vertue of their Articles abovementioned but abhor the memory of it in regard of the great oppression and slavery they lived in under it when it was on foot so as they never having had any Patent right or possession of the sayd Province of Maryland there could be no injury done to them by the Lord Baltemore's sayd Patent after the eviction of the sayd Virginia Companies Patent thereof For it was as free in the late Kings power to grant any part of that Continent not possessed before by any Legall grant then in force from the Crown of England which Maryland was not at the time of the Lord Baltemore's Patent thereof as it was for King James to grant the aforesaid Country to the said Virginia Company 2. Object A pretended wrong done by the Lord Baltemore to the above mentioned Capt. Cleyborn in dispossessing him of an Island in the sayd Province called the Isle of Kent 2. Answer It was a business above 14. years since upon a full hearing of both parties then present decided by the then Lords Commissioners for Forraign Plantations against the sayd Capr Cleyborn and his Partners Mr. Maurice Thomson and others and the sayd Capt. Cleyborn hath himselfe also by divers Letters of his to the Lord Baltemore acknowledged the great wrong he did him therin which Letters were proved at the Committee of the Navy and are now remayning with that Committee wherefore the Lord Baltemore humbly conceives that against the sayd Capt. Cleyborns owne acknowledgement and a Determination so long since of that business and above 14 years quiet possession in the Lord Baltemore of the said Island the Parliament will not think fit upon a private Controversie of meum and tuum between him and the said Cleyborne to impeach his Patent of the said Province or his right to the said Island but leave both parties to their legall remedy 3. Object That the said Patent constitutes an hereditary Monarchy in Maryland which is supposed by some to be inconsistent with this Cōmon-wealth 3. Answ. The Jurisdiction stile which the Lord Baltemore useth in Maryland is no other then what is warranted by his Patent as may appeare by his answer at the Commitee of the Navy to the Exceptions above mentioned and by perusall of the said Patent and that is onely in the nature of a County Palatine subordinate and dependent on the Supreame Authority of England for by the Patent the soveraign Dominion Allegiance the fift part of all Gold Silver Oare which shall happen to be found there and severall other Duties are reserved to the late King his Heires and Successors who are now the Parliament of this Common-wealth and although it be true that a Monarchicall Government here which should have any power over this Common-wealth would not be consistent with it yet certainly any Monarchical Government in forraign parts which is subordinate to dependent on this Cōmonwealth may be consistent with it aswell as divers Kings under that famous Common-wealth of the Romans heretofore were insomuch as they thought it convenient and fit to constitute divers Kings under them All Lords of Mannors or Liberties here in England may in some kinde be aswell accounted Monarches within their severall Mannors and Liberties as the Lord Baltemore in Maryland for Writs issue at this day in their names