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A39892 Virginia and Maryland, or, The Lord Baltamore's printed case, uncased and answered shewing the illegality of his patent and usurpation of royal jurisdiction and dominion there : with the injustice and tyranny practised against ... adventurers and planters : also a short relation of the papists late rebellion against the government of His Highness the Lord Protector ... : to which is added a brief account of the commissioners proceedings in the reducing of Maryland ... Baltimore, Cecil Calvert, Baron, ca. 1605-1675. 1655 (1655) Wing F1457; ESTC R248 31,654 55

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the aforesaid Lord Baltamore and his Officers By all which unjust and unreasonable proceedings the people were put upon a necessity of standing upon their own defence for the Vindication of their just Rights and Liberties and freeing themselves from those great Oppressions whereby the whole Province was very much threatned and apparently endangered For the prevention whereof as also for the Relief of those who were so deeply distressed and for the Settlement of the Province in peace and in their due Obedience under his Highness The said Commissioners by Authority derived unto them from his Highness the Lord Protector applyed themselves unto Captain William Stone the Governor and the Councel of Maryland according to a Declaration of the 15 of this Month herewith published who returning only opprobrious and uncivil language presently mustered his whole power of men and Souldiers in Arms intending to surprize the said Commissioners and as could be imagined to destroy all those that had refused the said unlawful Oath and only kept themselves in their due obedience to the Common-wealth of England under which they were Reduced and Settled by the Parliaments Authority and Commission as aforesaid Then the said Commissioners in peaceable and quiet manner with some of the people of Patuxent and Severne went over the River of Patuxe●t and there at length received a Message from Capt. Stone That the next day they would meet and treat in the Woods and thereupon being in some fear of a party to come from Virginia he condescended to lay down his power lately assumed from the Lord Baltamore and to submit as he had once before done to such Government as the Commissioners should appoint under his Highness the Lord Protector It is therefore Ordered and Declared by the said Commissioners That for Conservation of the Peace and publick administration of Justice within the said Province of Maryland Captain William Fuller Mr. Richard Preston Mr. William Durand Mr. Edward Lloyd Captain John Smith Mr. Leonard Strong Mr. Lawson Mr. John Hatch Mr. Richard Wells and Mr. Richard Ewen or any Four of them whereof Captain William Fuller Mr. Richard Preston or Mr. William Durand to be alwayes one to be Commissioners for the well Ordering Directing and Governing the Affairs of Maryland under his Highness the Lord Protector of England Scotland and Ireland and the Dominions thereof and in his Name only and no other and to proceed therein as they shall see cause and as neer as may be according to the Laws of England To appoint and hold Courts for the due administration of Justice and Right in such places and at such times as they shall think fit and necessary And any of the Commissioners of the Quorum to issue forth Writs Warrants Subpoena's c. As also that they Summon an Assembly to begin on the 20th day of October next For which Assembly all such shall be disabled to give any Vote or to be Elected Members thereof as have born Arms in War against the Parliament or do profess the Roman Catholick Religion And the said Mr. William Durand is hereby appointed to he Secretary to the said Commissioners and to receive the Records from Mr. Thomas Hatton And Captain John Smith to be Sheriff for this ensuing yeer Dated at Patuxent in the Province of Maryland the 22 of July 1654. Richard Bennet William Claiborne CEcilius Lord Baltamore To all to whom these Presents shall come Greeting Whereas our Sovereign Lord the King by His Highness Commission under the Great Seal of England bearing date at Oxford the 28 day of February now last past Hath authorized Leonard Calvert Esquire Brother of me the said Lord Baltamore to Treat Conclude and Agree at and with the General Assembly of the Colony of Virginia for and concerning the Ascertaining and Establishing by Act of General Assembly there of Customs and Duties to be paid to His Majesty His Heirs and Successors in Virginia upon Exportation of Tobacco and other Goods and Merchandizes from thence and upon all other Goods and Merchandizes brought in and imported there other then for necessary supply for Clothing imported as by the said Commission more at large appeareth And whereas by a Contract or Agreement in Writing bearing date the day of the date of the said Commission made between our Sovereign Lord the King of the one party and me the said Lord Baltamore on the other party Reciting the said Commission herein before recited our said Sovereign Lord the King for the considerations in the said Contract or Agreement expressed Is pleased and hath agreed with me the said Lord Baltamore that in case a certainty of Customs and Duties shall be Established by Act of General Assembly of the said Colony of Virginia according to the tenor of the said Commission That then His said Majesty will make a Lease or Grant to me and such others as I shall desire to be joyned with me of the same Customs and Duties which shall be established as aforesaid for such term and under such Rents and Covenants as in the same Contract or Agreement are expressed And that immediately after the Establishing of the said Customs and Duties as aforesaid and until such Lease or Grant shall be made as aforesaid I the said Lord Baltamore and such as I shall appoint shall be the Receiver or Receivers Collector or Collectors of all such Customs and Duties as shall be established as aforesaid to the proper use of me the said Lord Baltamore my Executors Administrators and Assigns without accompt paying certain Rents Salaries and Entertainments in the said Contract or Agreement expressed and mentioned And His Majesty hath by the same Contract or Agreement Constituted and Ordained me the said Lord Baltamore and my Deputy or Deputies to be appointed by me to be his Collector and Receiver of all Customs and Duties which shall become due and payable to His Majesty as aforesaid as by that part of the said Contract or Agreement which is remaining with me the said Lord Baltamore being under the Great Seal of England more at large appeareth Knowye now That I the said Lord Baltamore for divers good Causes and Considerations me thereunto moving Have substituted ordained made and appointed And by these Presents do Substitute Ordain Make and Appoint to be my Deputy in this behalf and do by force and vertue of the same Contract or Agreement Authorize and put the said in my place and stead and to the use of me my Heirs Executors Administrators and Assigns to Receive Collect and Gather all such Customs and Duties whatsoever as in pursuance of the before recited Commission and Contract or Agreement shall be established to be paid to his Majesty his Heirs and Successors in Virginia aforesaid by Act of General Assembly of the said Colony and out of the same to pay and discharge all such Rents Salaries and Entertainments as by the said Contract or Agreement are mentioned to be by me paid and discharged rendring to me my Executors Administrators and Assigns the Overplus or Remainder of the same Customs and Duties Giving and hereby Granting unto the said as full Power and Authority to recover and receive the said Customs and Duties to be Established as aforesaid to the use aforesaid when the same shall grow due and to give Acquittances and Receipts for the same and to Substitute and Appoint one or more Person or Persons under him in this behalf and the same to re●●ke at his will and pleasure and to pay and discharge the said Salaries and Entertainments as I my self have or may or might claim to have by force and vertue of the said Contract or Agre●ment And further to do execute and finish all and every such further and other Acts and things whith shall be expedient and necessary to be done by the said touching the Premises by reason of his being my Deputy as aforesaid as effectually as I might do the same being personally present Ratifying Confirming and Allowing all and whatsoever the said shall do or cause to be done in the Premises in pursuance hereof In witness whereof I the said Lord Baltamore have hereunto put my Hand and Seal at Arms the tenth day of April 1644. Annoque Regis Carols Angl. c. vicessimo C. Baltamore FINIS
at length after three yeares suffering Captaine Claiborn was forsibly dissei●d and dispossest of his plantation in Kentish Island and forced for safety of his life to fly into England and ever since the L B. hath had possession of the said Island not suffering any of the Virginians to trade in the said Bay without ceisure and confiscation of their Goods It likewise appears unto this Committee upon perusal of the several parchments mentioned in the Order of Parlament that the L B. hath constituted forms of Oaths and injoyned the taking thereof by all persons as wel Officers as others within the said province and that not to the King but to himself and that he hath issued out Writs in his own name all his Commissions and processe running in this stile viz. we us and given under our hand and greater seal of arms in such a year of out Dominions over the said Province That he hath likewise appointed an upper lower house of Assembly and also a privie counsel of State which is not mentioned in the said patent And we further find that several of the Laws made by the said Lord Baltemore are not agreeable to the Laws Statutes and customes of England as for instance That the Lands sold by the said Lord Baltemore are directed to be purchased and held of him and his Heirs only in succadg as of the Mannor c. That the Oaths hereafter mentioned must be taken by all that shal bear Office or shall in habite or come into the said province upon pain ofe being banished and if they return and refuse to be subject to such Fine as his Lordship shall think fi● The Oath of the Lievtenant or chief Governor of the Province of Maryland I A. B. doe Sweare I will be true and faithfull to the Right Honourable Cecilius Lord Baron of Baltemore the true and absolute Lord and Proprietary of this Province of Maryland and his Heires and him and them and his and their Rights Royall Jurisdictions and Seigniory all and every of them into or over the said Province and Ill●nds 〈◊〉 unto belonging Will at all times Dfend and Maintaine to the utmost of my power and will never accept of nor execute any Place Office or Employment within the said Province any way concerning or relating to 〈◊〉 Government of the said Province from any person or Authority but by from or under the hand and Seale at Armes of his said Lordship or his Heires or Assignes Lords and Proprietaries of the said Province I will faithfully serve his said Lordship as Lievtenant of the said Province and in all other Offices committed to my Charge by his said Lordships Commission or Commissions to me and will willingly yield up the said Commission and Commissions againe and all Offices Powers and Authorities granted or to be granted by them or any of them into the hands of his said Lordship and his Heires and Assignes or to such person or persons as he or they shall appoint whensoever he or they shall appoint me so to doe and shall signifie the same to me in writing under his or their hand and Seale at Armes And will not presume to put in execution or attempt to executes any Office Power or Authority granted unto me by any of the said Commissions after that his Lordship his Heires or Assignes Lords and Proprietaries of the said Province shall repeals them on any of them respectively by any writing under his or their respective hand and Seale at Armes and that the said Repeale be published in this Province I will doe equall Right and Justice to the poore and to the rich within the said Province to my best skill judgement and power according to the Lawes and Ordinances of the said province and in default thereof according to my conscience and best discretion and the power granted and to be granted to me by his said Lordships Commission or Commissions I will not for fear favour or aff●ction or any other cause let hinder or delay Justice to any but shal truly execute the said Office and Offices respectively according to his said Lordships Commissions to me in that beha●f and to the true intent and meaning thereof and not otherwise to the best of my understanding and Judgment I wil not know of any attempt against his said Lordships person or his Rights or Dominion into or over the said province and the people the●in but I will prevent resist and oppose it with the utmost of my power make the same known with all convenient speed to his said lordship and I will in all things from time to time as occasion shal serve faithfully counsel and advise his said Lordship according to my heart and conscience And I do further swear I will not by my selfe nor any other person directly trouble molest or discountenance any person whatsoever in the said province professing to beleeve in Jesus Christ and in particular no Roman catholick for or in respect of his or her Religion no his or her free exercise thereof within the said province so as they be not unfaithful to his said Lordship or molest or conspire against the civill Government established under him nor will I m●ke any difference of persons in conferring O●fices Rewards or Favours proceeding from the Authority which his Lordship hath conferred on me as his Lietenant here for or in resp●ct ●o ●heir said Religion respectiatly but meerly as I shall find them faithful and wel-deserving of his said Lordship and to the b●st of my understanding endowed with morall virtues and abilities fi●●ing for such Offices Rewards or Favour● wherein my prime aim and end shall be from time to time 〈◊〉 the advancement of his said Lordships service here and the publick unity and good of the Province without partiallity to any or any other fini●●ster end whatsoever And if any other Officer or persons whatsoever shal during the time of my being his said Lordships Li●vtenant here without my consent or privity molest or disturb any p●rson within this province professing to beleeve in J●sus Christ meerly for or in respect of his or her Religion or the free exercise thereof upon notice or complaint thereof made unto him I will apply my power and Authority to rel●eve any person so molested or troubled whereby he may have Right done him for any damage which he shal suffer in that kind and to the utmost of my power wil cause all and every such person or persons as shal molest or tro●b●e any other person or persons in that manner to be punishment I wil faithfully serve his Lordship as his Chansellor Keeper of his great Seal of this Province committed to my charge and custody by his said Lordships Commission to me to the best of my skil and understanding I wil caus● the impression in Wax of the said Seal to be affix●d to all such things as I have or shal from time to time receive commission or ●arrant for so doing from his
to plant and enjoy equal priviledges with the British and Irish Nations And lastly In one of his Laws he mentions the High and Mighty Prince Charles the First of that name and in another expresseth That none shal transport any Tobacco's in any Dutch Vessel bound for any other Port than his Majesties Unto all which Exceptions Answer having been made by the Lord Baltamore which is hereunto annexed the same is humbly submitted to the Judgment and further direction of this Honorable House It hath been confessed by the Lord Baltamore That one Captain Green his Lievtenant-Governor of Maryland did soon after the death of the late King proclaim his Son Charles Stewart King of England c. for which his Lordship ●aith he did by a Writing under his hand and seal which is one of the parchments remaining with this Committee revoke the Commission granted to the said Captain Green and appointed one Stone in his room but there is no such cause mentioned in the said Writing It likewise appears That in March 1651. the Governor and Councel of Maryland being required by the Commissioners that were sent thither to issue forth Writs in the Name of The Keepers of the Libertie of England they refused the same saying They could not do it without breach of their Trust and Oath To the Honorable Richard Bennet and Col. William Claibourn Esquires Commissioners of the Common-wealth of England for Virginia and Maryland The Humble Petition of the Commissioners and Inhabitants of Severne alias Ann Arundel County Sheweth THat whereas we were invited and encouraged by Captain Stone the Lord Baltamore's Governor of Maryland to remove our selves and Estates into this Province with promise of enjoying the liberty of our Consciences in matter of Religion and all other priviledges of English Subjects And your Petitioners did upon this ground with great cost labor and danger remove our selves and have been at great charges in building and clearing Now the Lord Baltamore imposeth an Oath upon us by Proclamation which he requireth his Lievtenant forthwith to publish which if we do not take within three months after publication all our Lands are to be seized for his Lordships use This Oath we conceive not agreeable to the terms on which we came hither nor to the liberty of our Consciences as Christians and free Subjects of the Common-wealth of England Neither can we be perswaded in our Consciences by any light of God or engagement upon us to take such a● Oath but rather humbly conceive it to be a very real grievance and such an oppression as we are not able to bear neither do we see by what lawful power such an Oath with such extream penalties can by his Lordship be exacted of us who are free Subjects of the Common-wealth of England and have taken the Engagement to them We have Complained of this grievance to the late honorable Councel of State in a Petition subscribed by us which never received any answer such as might clear the lawfulness of such his proceedings with us but an aspersion cast upon us of being Factious fellows neither have we received any Conviction of our error in not taking the said Oath nor Order by that power before whom our Petition is still depending to take it hereafter neither can we believe that the Common-wealth of England will ever expose us to such a manifest and real bondage who assert themselves The maintainers of the lawful Liberties of the Subject as to make us Swear absolute subjection to a Government where the Ministers of State are bound by Oath to countenance and defend the Roman Popish Religion which we apprehend to be contrary to the Fundamental Laws of England the Covenant taken in the three Kingdoms and the Consciences of true English Subjects and doth carry on an arbitrary power so as whatever is done by the people at great costs in Assemblies for the good of the people is liable to be made Null by the negative Voice of his Lordship But affirmative Propositions and Commands are incessantly urged and prest and must not be denied In Consideration whereof we humbly tender our Condition and Distraction upon this occasion falling upon the hearts of all the people to your view and Consideration intreating your honors to relieve us according to the Cause the power wherewith you are intrusted by the Common-wealth of England the rather because upon such an exigent as this we have none to flie to but your selves the honorable Commissioners of the Commen-wealth of England not doubting but God will direct you into what his mind and will is in this matter concerning us and that you will faithfully apply your selves to our Redress in what is Just and our lawful Liberty which is the Prayer of your poor Petitioners Severn River the 30. of January 1653 Subscribed by Edw. Lloyd and 77. persons of the House-keepers and Freemen Inhabitants To the Honorable Richard Bennet and Colonel William Claibourn Esquires Commissioners for the Common-wealth of England within the Bay of Chesopiak The Humble Petition of the Inhabitants of the North-side of Patuxent River in the Province of Maryland Sheweth THat we being reduced by your Honors from that Tyrannical power exercised over the people of this Province by the Lord Baltamore and his Agents unto the Obedience of the Common-wealth of England to which Government we have Subjected and Engaged and have by your Honors been often enjoyned reall conformity and obedience to the same and not to own any other power or Authority as we will answer the contrary In subjection whereunto we have had peace and freedom hitherto which with all thankfulness we cannot but acknowledg and in our continued obedience do expect from the Parliament next under God continued peace liberty and protection from the pride rage and insolency of their and our adversaries Now so it is may it please your honors that of late the Lord Baltamore doth by his Order and Agents seek to set over us the old form of Government formerly exercised by him in this Province which we did conceive by the blessing of God upon your honors endeavors had been fully made Null and void yet notwithstanding by the Arbitrariness of his own will the appoints Laws for us and sets up Popish Officers over us o●ting those Officers of Justice appointed by you issuing forth Writs in his own name contrary to your honors Order and appointment And doth by Proclamation under his own Hand and in his own Name impose an Oath which if refused by us after three months all our Lands and Plantations are to be seized upon to his Lordships use And if taken by us we shall be ingaged at his will to fight his battels defend and maintain him in his Patent as it was granted to him by the late King c. Which Oath we humbly conceive is contrary to the Liberty and freedom of our Consciences as Christians and contrary to the fundamental Laws of England contrary to the Engagement