't is notoriously known that all the Lord Baltamore's Governors usually took the Kings part against the Parliament and his Brother Mr. Leo Calvert his only Governor while he lived there ever declared himself against them And to evince this irrefrageably and clearly to demonstrate the management and complexion of this business both Lord Baltamore himself and his Brother by long Solitations at Oxford procured and sent over in Anno 1644. Commissions under the Kings Broad Seal to surprize the Parliaments and London-ships in Virginia and to impose Customs raise Regiments and Fortifie the Country against the Parliament which appears by several Writings under the Lord Baltamore's Hand and Seal one of which is hereunto annexed They did with zeal proclaim the Kings Son Charles the Second at Maryland and some that read it and assisted therein of the primest rank are still continued Counsellors by him and never a word of blame whereas 't is evident his own Interest is more than circumspectly watcht over and contended for How can he pretend that his Governor Captain Stone bare any affection to the Parliament when without check from himself in their Assemblies Laws he used the name of King and His Majesty and of Charles the First when the Second was Proclaimed there And why did Lord Baltamore himself in England advisedly consent and approve those Laws in terminis under his hand 1650. if such had not been his own thoughts toward the Parliament The Commissioners that were imployed by the Parliament to Reduce Virginia Anno. 1652. were commanded to Reduce all the Plantations in the Bay of Chesapiak and then that all Writs should issue in the Name of the Keepers of the Libertie of England They saw not how they could decline this service well knowing how contrary to those Commands and the Honor and Interest of the Parliament the Government of Maryland was exercised and think strange any should pretend assistance and supply of Victuals from Maryland to that Fleet when no such thing ever was that the Parliament Ships were entertained there in his Harbors whenas never any of them came at Maryland nor within near 100. miles thereof save only the Ginny Frigot who went thither to Reduce that Province they knew his Governor had alwayes bore affection to the Kings side that Charles the Second as hath been said was proclaimed there that the Councel were all Papists or indifferently affected and that they refused to Govern the people by the Laws of England another Clause in the Parliaments Commission to which several of their actings and even Lord Baltamore's Instructions were contrary as in this particular and many others appears by the Reports of the Committee of the Navy and the Councel of State to whom the Parliament referred this Cause a Copy of which Report is hereunto annexed And they ruled in Maryland in such an absolute way and authority as no Christian Prince or State in Europe exercises the like His Governor hath an absolute Negative Voice in all things and in the Assembly of the Burgesses calls into the Upper House as he terms it whom he will to over-vote the rest places and dis-places whom he will in that Councel and the Lord Baltamore himself though in England appoints all Officers even to the meanest degree and who flatter him most are sure to have it His Mandates are sent over to stop Justice and the Judges imprisoned for proceeding according to Justice Writs are given out under the Governors hand in his own Case without any judgement of Court to seize mens Goods into the Governors hands His Governors are not suable for any just debts and so they usually exercise their priviledges even to the oppression and discontent of the people No Appeals allowed from their Courts though consisting but of two men and those perhaps of no great knowledg or skill in Government no not to the general Representative Assemblies It would be infinite to rake in this Dunghil but all indifferent men that have lived and been there know these things to be sad Truths and surely not without cause have the general Assemblies there most of the Councel and the Freemen been often contesting with the Lord Baltamore's Governors about these things and yet could never obtain any redress from him but have resolved to Petition the State of England Why therefore should Maryland so ill Founded and so ill Managed be wrung from the right of Virginia against all Law and Equity as is before truely set forth And be established to Lord Baltamore a professed Recusant as his publish'd Book intimates who hath in effect made it a subject of his own domination and tyrranny being his main aim But to colour it and the better to get friends first made it a receptacle for Papists and Priests and Jesuites in some extraordinary and zealous manner but hath since discontented them many times many ways though Intelligence with Bulls Letters c. from the Pope and Rome be ordinary for his own Interests and now admits all sorts of Religions and intended even 2000 Irish and by his own Letters clears and indemnifies one that said Those Irish would not leave a Bible in Maryland His Country till he employed Captain Stone never had but Papist Governours and Counsellors dedicated to St. Ignatius as they call him and his Chappel and Holyday kept solemnly The Protestants for the most time miserably disturbed in the exercise of their Religion by many wayes plainly enforced or by subtil practises or hope of preferment to turn Papists of which a very sad account may from time to time be given even from their first arrival to this very day Virginia hath used all good Neighbourhood towards them without which assistance and supply even of all things they could not have subsisted for their numbers were inconsiderable and their Adventures small and very little after the first ship in comparison of such a work And though Lord Baltamore pretends great Adventures with his Friends thither yet none have appeared there to any considerable value from him for many yeers onely what Merchants and some few have done upon Returns of Tobacco and Beaver so that in Truth it will appear and that by his own Letters too Maryland hath been chiefly planted by Virginia from first to last and by people from thence wanting seats in their narrow limits Maryland taking away above half the Country which as hath been said before was onely discovered by Virginia with continual Trade and abode of people there for above 20 yeers by Commissions and Warrants in the King's Name and was planted by Colonel Claiborn under Virginia Government some yeers before ever the name of Maryland or Lord Baltamore was ever heard of there which himself knew though he mis-informed the King and obtained his Patent upon pretence of Unplanted places onely But the many illegal Executions and Murthers of several persons at the Isle of Kent by the Lord Baltamore's commands and his Officers the Imprisonments Confiscations of many
which strange and exorbitant proceedings many great Cruelties and Mischiefs are likely to be committed and many hundreds with their Wives and Families are utterly ruined as hath been formerly done here and at Kent though Planted before the Lord Baltamore's Claim to Maryland with many Murders and illegal Executions of men Confiscations of Estates and Goods and great miseries sustained by Women and Orphans In Consideration and just fear whereof the said Planters of Patuxent and Severne have made their often Addresses to us as some of the then Commissioners for the Reducement of Maryland and most lamentably Complain of the great Danger they stand in of being utterly undone and chiefly for engaging their Fidelitie to the Common-wealth and Parliament of England now devolved to his Highness the Lord Protector their Obedience and Faith to both being plainly repugnant to each other and inconsistent We therefore the Commissioners of the Parliament having written and proposed to the said Captain Stone and that Councel for a Meeting to procure a right understanding in the matters aforesaid and to prevent the great inconveniences likely to ensue In Answer thereunto though they acknowledge our Lines Peaceable yet so exulcerated are their minds that in the very next Line they add We in plain terms say We suppose you to be Wolves in Sheeps clothing with many other following like uncivil and uncomely words and expressions In Contemplation therefore of all the Premises we have thought fit for to make publication hereof and to justifie and manifest our proceedings in these Affairs left many people may be ensnared by false and cunning suggestions and preâ—ences as lately hath been practised herein the falsitie whereof time hath sufficiently demonstrated And we are ready to give further satisfaction for the truth of any of the particulars before alleaged if any shall desire it or repair to us to that purpose which they may securely do Wherefore we advise and in the Name of his Highness the Lord Protector Require all the Inhabitants of this Province to take notice of the Premises and to contain and keep themselves in their due obedience under his Highness the Lord Protector of England Scotland and Ireland and the Dominions thereto belonging of which this is undoubtedly a part and ought to be Governed accordingly whereby they may assure themselves of the peaceable enjoyment of their Liberties profession of their Religion and their Estates and that they shall be protected from wrong and violence in what kind soever Hereby also Protesting against the said Captain William Stone Mr. Thomas Hatton and all others any way Confederate or Assistant with them in their unlawful practises that they may be accomptable and answerable to God and the State of England under his Highness the Lord Protector for all the mischiefs damages losses and disorders that may or shall happen thereby Dated at Patuxent in Maryland the 15. of July 1654. Richard Bennet Will. Claiborne Captain William Stone 's RESIGNATION of the GOVERNMENT VVHereas since the Orders or Directions of the Commissioners of the State of England for the Government of this Province of Maryland of the 28 of June 1652. I William Stone Esquire Governor of the said Province was Enjoyned by the Direction and Appointment of the Right Honorable the Lord Baltamore Lord Proprietary of the said Province to issue out all Writs and Process within this Province in his the said Lord Proprietaries name and to admit of those of the Councel which were appointed by his Lordship and no other And whereas upon my Compliance with his Lordships Commands therein not any wayes contradictory so far as I understand to any Command from the Supream Authority in England the said Commissioners in pursuance of their Declarations lately here published have threatned and gone about by force of Arms to compel me to decline his the said Lord Proprietaries Directions and Commands before mentioned which in regard of the trust reposed in me by his said Lordship as Governor here under him I conceive I was engaged not to do I have therefore thought fit for prevention of the effusion of Blood and ruine of the Country and Inhabitants by an Hostile Contest upon this occasion to lay down my Power as Governor of this Province under his Lordship and do promise for the future to submit to such Government as shall be set over us by the said Commissioners in the Name and under the Authority of his Highness the Lord Protector Witness my Hand the 20. of July 1654. In presence of William Stone Thomas Gerrard Thomas Hatton Edm. Scarburgh Order for settling the GOVERNMENT OF MARYLAND VVHereas by several Orders drawn up and Published at St. Marie's the 29. of March and the 28. of June 1652. Maryland was Reduced and settled under the Authority and Obedience of the Common-wealth of England as to the Government thereof by special Order and Command of the Councel of State by Commission from the Parliament and was left in the hands of Captain William Stone Mr. Hatton and others who were required and promised to issue out Writs and other Process in the Name of the Keepers of the Liberty of England according to the express words of the Commission and Instructions for Reducing Settling and Governing of all the Plantations in the Bay of Chesapiak to the Obedience of the Common-wealth of England as in and by the aforesaid Orders and Proclamations may and doth appear And whereas the aforesaid Captain Stone by special Order and Directions from the Lord Baltamore as it appeareth was perswaded and induced to go away from his Obligation and the Trust reposed in him By issuing forth Writs and all other Process in the Name of the Lord Proprietary of this Province placing and displacing those of the Councel and imposing an Oath upon the Inhabitants contrary unto and inconsistent with the said Engagement and Oath to the Common-wealth of England upon the Penalty and Forfeiture of the Lands of all such as should Refuse to take the same within three Months after publication thereof which were then to be Entred upon and Seized to his Lordships use thereby occasioning great discontent and disturbance among the Inhabitants besides the Irregularity and Cruelty of the said proceedings and the Opposition Contempt and Rebellion therein to the Common-wealth of England and his Highness the Lord Protector And further whereas by a late Proclamation dated the 4th of this Month published in this Province both the Commissioners of State and the people who adhered to their Engagment to the Common-wealth of England and refused to own or acknowledge any other Name or Authority as to Government or to take any other Oath but what they had already taken to that power were charged That they drew away the people and led them into Faction Sedition and Rebellion against the Lord Baltamore whereby not only the Lands and Plantations of many hundreds of people but also their Estates and Lives were liable to be taken away at the pleasure of
mens Estates and of Widows and Orphans to the destruction of many Families there especially his seizure of Captain Claiborn's Estate though out of his Patent because planted to the value of 6000 pounds with the great tyranny and wrong done there although the then King Declared and Commanded the contrary but was disobeyed by the Lord Baltamore's Agents are too long to be inserted here Many Inconveniences and Losses hath Virginia suffered by Maryland of which the continual Invitation and Entertainment of run-away servants and protecting fugitive persons and indebted is not the least But above all it is easie to be made appear that the Lord Baltamore hath continually ever since their seating there interposed in the matters of Government in Virginia by the potency of his friends in the late Kings Court both by placing and displacing the Governours Counsellors and Supream Officers as they stood affected or were displeasing to him Mr. Bennet and Captain Claiborn being two of the Commissioners that were imployed by the Parliament to reduce Virginia and Maryland are strangely taxed by Lord Baltamore for being his declared enemies indeed it seems for their service to the Parliament he is become implacable towards them though Captain Curtis another Commissioner now in England and all Maryland can testifie how unwilling and how tenderly they did any thing there and how much they desired and endeavoured to have declined any alteration if either Captain Stone the Governour or the Councel would here issued out Writs in the name of the Keepers of the Liberty of England and have promised to govern according to the Laws of England both which they refused under their hands and the Commissioners being sent to Maryland is since owned by the Report of the Committee of the Councel of State and the Lord Baltamore taxed and blamed for not issuing out Writs as they required them and therefore seems a bold aspersion for the Lord Baltamore to publish that Maryland being struck out of their commission was afterwards by some mistake put into the Commission the second time and as strange it seems that now since the reduction of Maryland the Lord Baltamore in opposition and contempt of the Supream Authority of England should cause his Governor and Councel most falsly and rebelliously to revolt and recede from the same and give instructions under his own hand as he had lately done to issue out all Writs and Proceedings in his own name onely which they have accordingly done and not the least mention of the Lord Protector's name in all their Government This the said Commissioners though they received confirmation of their Commission from the Parliament under the Seal the Original the first time miscarrying yet bore with a long time onely by â—etters out of Virginia admonished Captain Stone and that Councel of their error and protested against their actings but they continued obstinate The Commissioners were desirous still to expect and attend a settlement and determination out of England and to intermeddle as little as they could But about a yeer since Lord Baltamore sends over Instructions and Commands to Captain Stone and his new made Councel all or most Papists or indifferent to seize the Lands and Estates of all such as would not take the Oath of fidelity as he stiles it before specified But the people of Maryland generally abhorred this Oath and justly as is conceived especially those of Patuxent and Severn declined to take it as being against their Engagement incompatible with their subjection to the Commonwealth of England and inâ— congruous to swear to serve two absolute Superiors whereupon Captain Stone and his Counsel proclaim them seditious and rebels to Lord Baltamore and forget not to include the two Commissioners though in Virginia under the same name with other opprobious terms whereupon the people of Patuxent Sovern and Kent often and earnestly apply themselves if possible to have relief from those Comissioners yet they still desirously forbore to intermeddle hoping it would be done out of England until after many solicitations Mr. Bennet and Captain Claâ—boâ—â— with onely two men in July last went thither in a Boat yet using all â—air means but how ill they were treated for their moderation and intended to be surprised by night and made Prisoners and how they were necessitated to prevent greater mischief the present ruine of hundreds of Families to interpose to have that Oath suspended and the Government managed in the Lord Protector's name which being denied to avoid bloodshed they re-assumed the Government out of those hands that so ill-managed it and placed it in others for the time being under his Highness the Lord Protector until he should please to signifie his further pleasure will appear in a Declaration then and herewith published together with the peoples Petition the Commissioners answer thereunto and an Order for setling the Government in the hands of Captain William Fuller and others The Lord Baltamore also since gives particular Commission and Command to seize the persons of those Commissioners under his Hand and Seal dated in November last and for their service to the Lord Protector to proceed against them as abettors in mutiâ—y and sedition chides and upraid Captain Stone for cowardise provokes him to fighting and bloodshed a course too often acted in Maryland appoints another Governor in case he decline it and yet sends no revocation of the Commissioners reducement though he acknowledges he sought it earnestly of the Lord Protector but could not obtain it yet to bliâ—de and delude Captain Stone and his Counsel there came over 〈◊〉 Letter of Recommendation from his Highness of one Captain Barbar and by what practise or mistake is not known a subscription thereon to Captain Stone Governour of Maryland And by this together with a Copy of that Petition of the Merchanâ—s and others trading to Virginia brought in by Mr. Eltonhead and sent over by Lord Baltamore Captain Stone and all Maryland fall to arms and disarm and plunder those that would not accept the aforesaid Oath A part of them at last stood upon their guard onely sought to Captain Stone to shew his Commission and they would submit he caused to imprison their Messengers and being of far greater number assaulted them at their houses threatens to have their blood calls them Round-head Rogues and Dogs brought whole bagfuls of chewed Bullets rolled in powder saying The Devil take him that spares any and so falls on upon the day dedicated to the Virgin Mary with the word Hey for St. Mary but the Protestants commanded their men not to shoot upon pain of death until some being slain by a volly of shot from the Marylands they defended themselves and God confounded Capt. Stone and all his Company before them there were near double the number in Prisoners to the Victors twenty slain many wounded and all the place strewed with Papist beads where they fled but the Proceedings thereof and how the arm of the Lord was revealed and his
mighty power manifested even to administration together with the success and the evils drawn upon themselves appears by the relation thereof at this time also published by a Messenger from thence The Lord Baltamore pretends in print his entertainment into Maryland of the Parliaments Friends thrust out of Virginia but those very men whom he so stiles coming thither being promised by Captain Stone that he would 〈◊〉 urging the Oath upon them complain of it to the Parliament are in answer thereunto vilified by Lord Baltamore and publickly taxed for obscure factious fellows and in his later Letters termed the basest of men and unworthy of the least favour or forbearance such advantages doth he make on all sides at such a distance and in such incomposed times that he confidently takes the liberty to aver such extream and contrary things which amaze other men that see them The place as himself confesses had been deserted if not peopled from Virginia He might with more reason scruple to supplant the Rights of the most considerable conjuncture of worthy men that ever undertook such an Adventure as Plantation out of England which hath been the beginner and parent of all the rest The late King James revoked the Virginia-Companies Patent for denying him to alter the Government for which he had fundamentally provided to give Instructions from time to time and was the same which the last King did by his Commission to Sir William Davenant of which the Lord Baltamore speaks so much and makes such inferences as serve his own ends But the Truth is all that can rightly and properly be collected from thence is onely this his right to the Soil being in express words reserved if the King might dispose of the Government of Maryland why not the Parliament as they have done and why not the Lord Protector as he also hath done Another of those Fundamentals was That no Papists should be tolerated to remain in Virginia but sent away if they would not take the Oath of Allegiance and was so practised this the old Lord Baltamore refusing stayed not in Virginia and Hinc illa lachryma to all those that were of the Councel who with their wives and children have not suffered a little for it of which onely Colonel Matthews and Colonel Claiborn remain alive His Son this Lord Baltamore now publishes himself a Recusant and avers contrarily that the Laws against Papists and Recusants extend not thither yet his Patent sayes No interpretation shall be admitted thereof by which God's holy and truely Christian Religion or the allegiance due to the Successors of the State of England should suffer any prejudice or diminution By all which surely it 's most evident This County Palatine aimed and coveted by him appears disagreeable to Law and to his own Patent and as a Monster unlike the rest of the Dominions of the Commonwealth of England contrary to the late Platform of Government under his Highness the Lord Protector yet hath he omitted no means to inforce his Dominion on those men that are most unwilling to submit to him as an absolute Prince and hereditary Monarch Neither doth that instance of the Roman Commonwealth in his printed Pamphlet hold for him who though they permitted and continued many Kingships over people that formerly had them as is now done in Virginia among the Indians yet he cannot shew that ever they constituted Kings over the people of Rome to govern absolutely over them as this case pleads for to have a negative voice yea and as power ad placitum in all things that is before specified to the great regret of the Inhabitants the oppression of many and the obstruction of justice of which Maryland hath afforded no mean examples and complement But although Virginia seeks the re-establishment of her bounds so often assured under the great Seal of England and otherwise yet to renew any such Authority as this of Maryland or that of the Company over her she desires it not but to be from time to time under such Government as the State of England shall appoint Duplicate Instructions for Captain Robert Dennis Mr. Rich Bennet Mr. Tho. Sleg and Capt. William Claiborn appointed Commissioners for the reducement of Virginia and the Inhabitants thereof to their due obedience to the Commonwealth of England WHereas the Parliament of England by an Act intituled An Act prohibiting trade with the Barbadoes Virginia Bermudas and Antego hath committed to this Councel several powers therein expressed for the setling reducing and governing the said Islands printed Copies of which Acts are herewith delivered you In pursuance whereof a Fleet is now set forth victualled armed and manned under the command and conduct of Captain Robert Dennis to effect by the blessing of God the ends aforesaid for the management of that service you are hereby joyntly nominated and appointed Commissioners and for your better directions and proceedings therein you are to follow these Instructions following Such of you as are here to repair on board the ships John or the Guinny Friggot of the States which of them you shall think fit and winde and weather permitting to sail to Virginia as Captain Robert Dennis shall direct and appoint And upon your arrival in Virginia you or any two or more of you whereof Captain Robert Dennis to be one shall use your best endeavors to reduce all the Plantations within the Bay of Chesopiack to their due obedience to the Parliament and the Common-wealth of England For which purpose you or any two or more of you wherof Captain Robert Dennis to be one have hereby power to assure pardon and indemnity to all the Inhabitants of the said Plantations that shall submit unto the present Government and Authority as it is established in this Common-wealth in which pardons you may make such limitations and exceptions as you or any two or more of you whereof capt. Robert Dennis to be one shal think fit And in case they shal not submit by fair wayes meanes you are to use all acts of hostility that lies in your power to enforce them and if you shal find the people so to stand out as that you can by no other wayes oâ— means reduce them to their due obedience you or any two or more of you whereof capt. Rob. Dennis to be one have power to appoint captains and other Officers and to raise forces 〈◊〉 in every of the plantations a foresaid forth esurtherance and good of the service and such persons at shall come in unto you and serve as soldiers if their masters shal stand in opposition to the prelent Government of this Common-wealth you or any two or more of you whereof cap. Râ—b Dennis to be one have here by power to discharge and set free from their mastâ—gs all such persons so serving as souldiers You shall cause and see all the several Acts of parlament against Kingship and the house of Lords to be received and published as also the Acts for
abolishing the Book of common prayer and for subscribing the ingagement and all of theâ— Acts therewith delivered to you You or any two or more of you have ful power to admiâ—ster an Oath to all the Inhabitants and planters there to be true and faithful to the common-wealth of England as it is now established without a King or house of Loâ—os You or any two or more of you whereof cap Robett Denneisâ— be one have power to give liberty to the inhabitants and planters who shall have takeâ— the engagement fomerly mentioned to choose such Burgesses as they shall think fit and send to the place you shal appoint fâ—r the better Regulating and governing affairs there provided that nothing be â—cted contrary to the Government of the common-wealth of England and the Laws established You shall cause all Writs Warrants and other processe whatsoever to be issued forth as occasion shall require in the name of the Keepers of the Liberty of England by authority of Parlamant In case of Mortality or absence of Cap. Rob. Dennis you or any two or more of you have power to put in execution these instructions In case of Mortality or absence of Cap Rob Dennis Edmund Curtis command et of the Guinny Frigot is hereby impowred to act as Commissioner with you or any two or more of you and he is also in the absence of Capt. Robert Dennis to take the charge of the Fleet so far as concerns the shipping according to the power given to Cap. Rob Dennis And lastly as we doubt not but you will use your best diligence and care in carrying on of this affair of consequence with which you are intrusted and that by your good endeavours it wil have a good issue so the Counsel wil take the same into consideration that respect may behâ—d of your pains and travel therein and of a recompence agreeable to your service when the same shall be compleated and work upon which you are imployed shall be fiâ—â—shed Whitehal 26 Sept 1651. Signed in the name and by order of the Councel of State appointed by authority of Parlane John Bradshaw President Jo Thurloâ—Cler of the Counsel Committee Navy 31 Decemb 1652. IN pursuance of an order of Parlament of the 31 Aug. 1652. whereby the 4. and part of the 7. and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Articles agreed on at James City for the surrendring and setling of plantation of Virginia with certain parchments concerning Mariland end the petition of the Inhabitants of Virginia are referred unto this Committee to consider what patent is set to be granted to the said Inhabitants of Virginia and to hear all parties and to consider of their particular claims and to report the same unto the Parlament This Committee upon examination of the matter of fact and upon hearing both parties and their Counsel do find and humbly certifie That by a Patent dated the 23 day of May in the 7th year of King James there was granted to divers Adventurers and Planters by the name of the Virginia Company all those Lands Countries and Territories scituate in that part of America called Virginia from Capt. or point comfort al along the sea-coast to the North ward two hundred mile and from she said Cape or point comfort all along the sea-coast to the Southward 200 miles all that space of Land lying from the sea-coast of the preciâ—ct foresaid up into the Lands throughout from sea to sea West and Northwest and and all the Islands lying within 100 miles along the coast of both seas of the precincts a foresaid with the soyls c. thereunto belonging to hold to them and their heirs for ever under the several reservations therin mentioned That the said patent was afterwards by a Quo wararnto in the 21 of the said King repealed and made void That in the 8th year of the late King upon the humble petition of the Ld. Baltemore that he might have and enioy a collony or parcel of ground in America then uncuitivated and not inhabited by any save the Indians there was by patent dated 20 June 8 Car. granted to the said Lord Baltemore all that parcel of Laâ—d lying in the part of America from the sea on the East to the Bay of Chessaphia on the West extending from Watkins point to Delowarr Bay and from Delawar Bay to Potowmeck River and so along to Watkins point together with the Islands thereunto belonging and by tâ—e said patent called the Province of Mariland To hold the sâ—me in as ample manner as any Bishop of Durham within the Bishohprick or County palatine of Durham in England heretofor ever held or enjoyed and to hold the lame in free and common soâ—â—dg as of the Castle of Windsor Reserving to the King his Heirs and successors saith allegiance and dominion and two indian arrows yearly with the fifth part of all gold and silver O ar found in and upon the said province and also liberty for any the people â—f England or Ireland to fish as well in those seas as in any ports or Creeks of the said province and to salt and cure their fish there That in and by the said patâ—nt povâ—eâ— is granted to the Lord Baltemore and his heirs to make Laws by and with the Counsell assenâ— and approbatiou of the Freemen of the said Province or the Major part of them that shâ—l concern life or Member as often as his Lordship shal think fit c. so as such Laws be consonant to reason and not repugnant nor contrary but as neer as possibles may be agreeable to the Laws of this Nation That by the said Patent the said Province is separated from Virginia but by express provisoe declared to be subject and depending upon the Crown of England And in case any doubts arise about any claim in the said patent the same were to be decided by the Courts of England It also appears by examinations taken by this Committee that Kentish Island was before the date of the said Pâ—â—eâ—t part of Virginia and planted and inhabited by Cap. Câ—â—aiborn three years before the arrival of the Lord Baltemores Agenes in Maryland and that Burgesses sat in the Assembly aâ—James Town in Virginia for the said Island And that the Virginians had the sole possession of the Bay of Chejopiack and a free Trade with the Indiats That in the year 1633. upon the arrival of the Lord Baltemores Agents in Maryland the Virginians were prohibited from trading with the Indians in any part of Maryland which formerly they had accustomed whereupon severall differences arose between Capt. Câ—aiborns men and the L. B planters and capt. Clayborn continuing his trade a Vessell called the Longtail was seised upon by the Marilanders and and one Liâ—u enanâ—Warren with some others whom he sent to rescue the said Vessell were killed by the Marilander in that attempt in Potomoke River That the goods of Mâ—Harâ—man and others were all seised by the Lord Baltemores Agents and
at length after three yeares suffering Captaine Claiborn was forsibly disseiâ—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 fiâ— 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 Illâ—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 affâ—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 behaâ—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 theâ—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 mâ—ke any difference of persons in conferring Oâ—fices Rewards or Favours proceeding from the Authority which his Lordship hath conferred on me as his Lietenant here for or in respâ—ct â—o â—heir said Religion respectiatly but meerly as I shall find them faithful and wel-deserving of his said Lordship and to the bâ—st of my understanding endowed with morall virtues and abilities fiâ—â—ing for such Offices Rewards or Favourâ— 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 finiâ—â—ster end whatsoever And if any other Officer or persons whatsoever shal during the time of my being his said Lordships Liâ—vtenant here without my consent or privity molest or disturb any pâ—rson within this province professing to beleeve in Jâ—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 relâ—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 troâ—bâ—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 causâ— the impression in Wax of the said Seal to be affixâ—d to all such things as I have or shal from time to time receive commission or â—arrant for so doing from his
we have taken in Subjection to the Common-wealth of England and unsutable to Freemen to own any other power than that to which we belong and to whom we are and have Engaged and contrary to the Word of God to fight for and defend and maintain Popery and a Popish Antichristian Government which we dare not do unless we should be found Traytors to our Country fighters against God and Covenant-breakers The Premises Considered we humbly spread our Condition before your view and Consideration hoping that as you are Commissioners for the Common-wealth of England and that power which God hath put into your hands that you will up and be doing in the name and power of our God that we be not left for our faithfulness as a prey to ungodly and unreasonable men before we can make our Complaint and Grievance known to the Supream Authority of England which with all readiness we shall endeavor to do by the first opportunity and from whom we do hope and shall expect by God's blessing to have a gracious Answer and sutable Redress And your Petitioners hereunto Subscribed shall pray c. Dated in Patuxent River in the Province of Maryland the first of March 1653. Subscribed Richard Preston and 60. more of the House-keepers and Freemen An Answer to the Petitions lately Received from the Inhabitants of the Rivers of Severn and Patuxent Gentlemen VVE have lately Received from you a Petition and Complaint against the Lord Baltamore his Governor and Officers there who upon pretence of some uncertain Papers and Relations to be sent out of England but no way certified or authenticated have presumed to recede from their Obedience to the Common-wealth of England to which they were reduced by the Parliaments Commissioners to the contrary whereof nothing hath been sent out of England as far as is yet made appear unto us But Duplicates and Confirmation of the Commissioners Power and Actions were sent from the Parliament since the Reduction of Virginia and Maryland Now whereas you Complain of real Grievences and Oppressions as also of the Imposition of an Oath upon you against the Liberty of your Consciences which you say you cannot take as Christians or as Free Subjects of the Common-wealth of England We have thought good to send you this Answer That because we nor you have not as yet received or seen sufficient order or directions from the Parliament and State of England contrary to the form to which you were Reduced and Established by the Parliaments said Commissioners Therefore we advise and require you that in no Case you depart from the same but that you continue in your due Obedience to the Common-wealth of England in such manner as you and they were then appointed and engaged And not to be drawn aâ—ide from the same upon any pretence of such uncertain Relations as we hear are divulged among you To which we expect your real Conformity as you will answer the contrary notwithstanding any pretence of power from the Lord Baltamore's Agents or any other whatsoever to the contrary Virginia March the 12 1654. Your very loving friends Richard Bennet Will. Claibourn A DECLARATION Published in MARYLAND IT cannot be unknown to the Inhabitants of Maryland that about two yeers since this Province was Reduced and Settled under the Obedience of the Common-wealth of England by the Parliaments Commissioners sent thither with special Commission and Instructions to that purpose And that Captain William Stone Mr. Tho. Hatton and others re-assuming the power and place of Governor and Councel here undertook and promised to continue in their said Obedience and to issue out all Writs Process and proceedings in the Name of the Keepers of the Liberty of Englaâ—d as was Commanded by the said Instructions by which Maryland was Reduced which said Commission and Instructions have been since renewed and the proceedings of the said Commissioners owned by the Committee of the Councel of State as by their Order and Report drawn up for the Parliament may appear wherein the Lord Baltamore's Agents are taxed for refusing to issue out Writs in the Name of the Keepers of the Liberty of England Notwithstanding all which appearing so clear and evident The said Captain Stone and Mr. Hatton though they continued and exercised the Government for some time and for divers Courts in the Name of the Keepers of the Liberty of England yet have they since upon no good ground falsified their said trust and engagement though acted publickly and after long Advice and Consideration And having rejected and cast off their said Obedience to the Common-wealth of England have further refused to Govern this Province according to the Laws of England but declare and assume a power and practise contrary thereunto and contrary to the late Platform of Government of the Common-wealth of England Scotland and Ireland and the Dominions thereof As namely by the Governors Negative Voice in Assemblies and his chusing and removing Counsellors at pleasure and the like is manifest And whereas we have lately received Commands from his Highness the Lord Protector to publish the said Platform of Government and that all Writs and Proceedings should be issued in the Name of his Highness to which though we desire this Government should be conformable yet the said Captain Stone and Mr. Hatton having lately Associated unto them divers Counsellors all of the Romish Religion and excluding others appointed by the Parliaments Commissioners have and do refuse to be obedient to the Constitutions thereof and to the Lord Protector therein And have in the name and by special direction of the said Lord Baltamore made Proclamation and exacted an Oath of Fidelity from all the Inhabitants of the Province contrary and inconsistent to the said Platform of Government which said Oath nevertheless and the Law here commanding the same and many other Laws are likewise by the Report of the said Committee of the Councel of State declared to be contrary to the Laws and Statutes of the English Nation which is an express breach of his Patent And whereas the said Oath in many particulars is distasted by all the Inhabitants of Maryland and especially out of tenderness of Conscience by all Northern Plantations of Patuxent and Severne who having lately engaged to the Parliament of England do say and declare they cannot take the said Oath to the Lord Baltamore to be absolute Lord and Proprietary of Maryland and to the utmost of their power to defend and maintain all his Rights and Royal Jurisdictions Prerogatives Dominion c. Upon which their refusal of the said Oath the said Captain Stone by the said Lord Baltamore's especial direction hath set forth a Proclamation declaring That all such persons so refusing shall be for ever debarred from any Right or Claim to the Lands they now enjoy and live on And that the said Captain Stone as his Lordships Governor is thereby required to cause the said Lands to be entred and seized upon to his Lordships use By
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 Patuxeâ—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 reâ—â—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 Agreâ—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