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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
hazard their lives in all extremities alwayes accompanying new designs and beginnings in hope that their shares upon the division of Lands being four hundred Miles along the Sea-shore and into the Land from Sea to Sea would recompence them and their Heirs as in Ireland heretofore and now is done But this Interest by the Patent of the Lord Baltamore's comprehending neer two degrees which is an hundred and twenty Miles is wholly taken from them and scarce is there any room for any Adventurers to take up any Land due unto them It is truely answered that all the Adventurers of the Company were Tenants in common to all the Land which was not actually divided and set out and their claim cannot justly be thus nullified and yet their interest said to be reserved 3. It is granted That the Lord Baltamore may have as large a proportion of Land as ever was granted to any by the Company though his adventures have never been proportionable to sommens But we think it agreeing to reason that he should people it either shew his right to it by the adventure of people sent over to plant it which was by the Company appointed to be fifty Acres to every person transported thither otherwise how unreasonable is it that he should possess two third parts of the Bay of Virginia which may perhaps be said to be as big as the Kingdom of England and Scotland and yet now in many yeers have not more men there except such as have gone from Virginia then can or do plant as much as is contained in a small corner thereof and those chiefly employed in Tobacco and the great name of Maryland is but in effect made a factory for Trade Ammunition and Arms being as commonly s●ld to the Indians though not altogether so openly as among the Swede●● Dutch a Nursery for Jesuits and a bar to keep off other Planters from the greatest part of the Country left void and for the most part not known by him or his 5. We say that after we had discovered and brought the Indians of those parts of Maryland to a Trade of Corn and Beaver by vertue of the King's instructions under the Broad Seal of England with the expence of our Bloods and Estates and exercised annual intercourse with them above eight and twenty yeers how can it be said our Interests and Rights are preserved when we are forbidden this Trade our Men slain Vessels and Goods seized Persons imprisoned and the whole Trade assumed onely to the Lord Baltamore's use and he not able to manage it neither but left it to the Swedes and Dutch 6. And chiefly we answer We claim Right by Possession having planted the Isle of Kent almost three yeers before ever the name of Maryland was heard of and Burgesses for that place sitting in the Assembly of Virginia whereby it is evident that the Lord Baltamore's suggestions to the King mentioned in his Patent that those parts were uncultivated and unplanted unless by barbarous people not having the knowledge of God was a mis-information and by it that Patent appears to be surreptitiously and illegally gotten and if the Lord Baltamore takes a way those Lands from them who have also purchased the Interest of the Natives a Right not inconsiderable seize their Goods and that in an hostile manner as he hath done How can it be said that those mens Interests and Rights are preserved they being the first Discoverers of that Island by vertue of the King's Commission and planted there under the Government of Virginia on the confidence they apprehended from the former assurances and there began in great part the Trade of Furs How unjust an intrusion then will the Lord Baltamore's Patent appear which overthrows the Interests of so many and such Persons for the Company of Virginia were of a nature diversified from other Companies which if it had not been founded on so good Grounds yet their zeal and pious endeavours to propagate the true Christian Religion enlarge the English Dominions and to encrease the Trade and strength of shipping and considerably the Customes do deserve justice with addition of reward for so honourable and good intentions In the next place to prove the Lord Baltamore's usurpation of Royal Jurisdiction and Dominion in Maryland as absolute Lord and Proprietary there needs no more then his Commissions and Processes running in this stile viz. We Vs and Given under our hand greater Seal of Arms in such a yeer of our Dominion c. The Oath also that he tenders to all his Subjects and the Inhabitants such being the very words thereof as by the Oath it self copied from his own hand and herewith published appears This is surely incompatible to the English Nation that there should be any such principality erected over them whereas the books of Law teach us that all Writs Executions and Commands ought to be done in the name of the Supream Authority onely and is so appointed by the late Platform of Government for all the Dominions of the Commmonwealth of which this is a part and by a late Ordinance declaring Treason upon such penalty that none ought to exercise any power but in the Lord Protector's name and these men acting so wilfully cannot excuse themselves By the ancient English Laws all those Pleas that concern Life and Member and Pardons cannot be done in the name of any inferior Person and all Writs Indictments and Process as heretofore so must now only be in the name of the Lord Protector and not in the name of the Lord Baltamore's as he hath assumed in Maryland And whereas the Lord Baltamore pretends to the like priviledges as in the County-Palatine of Duresme even those priviledges of Duresme and all the other County-Palatines of England were and are taken away as dishonorable and incongruent to the English Nation by the Statute of the 27 Hen. 8. 25. With what strange confidence then doth the Lord Baltamore publish to the world That these Royalties and Priviledges are warranted by his Patent when as they are contrary to Law and to the Government now established under his Highness and to a Clause in his Patent wherein it is provided That no Construction be made thereof whereby the Government in the Common-wealth of England should suffer any prejudice or diminution Whereby it appears there was as good Cause to reduce Maryland as Virginia the People and General Assembly thereof also complaining of their Grievance among many other exorbitant Usurpations of Lord Baltamore over them as appears by their Complaint in Governor Green's time made and Recorded there by a Committee of that Assembly But 't is known that Governor Green was deposed by Lord Baltamore for suffering that Committee and not for proclaiming the King's Son as he aleadgeth when no such thing appears in rerum natura nor no word in all his many Instructions of the Parliament much less of his pretended affection to them or their friends but clean contrary And