endangering this Colony if not timely prevented Such a ground-Work had the Patent of Maryland upon the Rights and Labours of others and as unreasonable and unjust have been the whole proceedings and management of their Colony and Interests at their first arrival surprising and confiscating many Vessels with the Goods of divers that they found trading with the Natives under the commissions of Virginia which they had enjoyed â—eer thirty yeers And professing an establishment of the Romish Religion onely they suppressed the poor Protestants among them and carried on the whole frame of their Government in the Lord Proprietaries name all their Proceedings Judicature Tryals and Warrants in his name Power and Dignity and from him onely not the least mention of the Sovereign Authority of England in all their Government to that purpose forceably imposing Oaths judged illegal in a Reporâ— made by a Committee of the Council of State 1652. to maintain his royal Jurisdictions Prerogatives and Dominions as absolute Lord and Proprietary to protect chiefly the Roman Catholick Religion in the free exercise thereof and all done by yeerly Instructions from him out of England as if he had been absolute Prince and King By all which it is easily evident that the Patent of Maryland was grounded upon no good foundation The King being mis-informed when in nothing more deeply and directly could the Honour and Justice of his Throne be concerned then in confirming and conserving the Interest of so great a conjuncture of Nobles Knights Gentlemen and Merchants who so piously and worthyly adventured their Moneys and expended their Estates and Labours whose Rights and Interests though their Patent were called in for the time in point of Government yet had received the most solemn Declarations and Assurances under the Broad Seal and Privy Signet Orders of Councels Letters to the Colony and by general Proclamations there and here That it were impious to think that either the then King or King James being rightly enformed would ever have grâ—nted such a Patent as this of Maryland it being neer two third parts of the better Territory of Virginia and as no way consistent with Equity and the Honor and publick Faith of the Kingdom so was no way agreeable in the absolute and regal power assumed and executed by him to the late Monarchical Government or to the present Authority of the Commonwealth of England under his Highness the Lord Protector and most injurious to the Rights and Interests of the noble Adventurers and the painful indefatigable Planters who had so long under God conserved the Country from total ruine A short and successive Narration of most of the aforesaid publick Assurances follows viz. 1. BY an Order of the Councel the eighth of October 1623. before the Quo Warranto brought to Arm the mindes of the Adventurers and Planters against any mistaken fear and apprehension as if their Estates should receive prejudice 2. And whereas the Lords of the Councel were enformed that the intended change of the Government had begot a general discouragement amongst the Adventurers notwithstanding sundry other Declarations made at the Board Viva Voce and that former Act of Councel their Lordships were pleased by an Order of the twentieth of October 1623. to declare again that there was no other intention but onely and meerly in reforming and change of the present Government and that no man should receive any prejudice but have his Estate fully and wholly confirmed and if in any thing defective better to be secured which Order was sent over by their Lordships command and published in Virginia for encouragement of the Planter 3. King James was also pleased to express the same in his Commission to sundry of his own privy Councel and other Commissioners for the time being for the affairs of Virginia July 5. 1624. that his intention was to alter the Letters Paâ—ents as to the form of Government but with the preservation of the Interest of every Adventurer and Planter 4. The like Declaration of the King's intentions was exprest in the Commission then sent to Sir Francis Wiat and the Councel then appointed by his Majesty to direct the Affairs and People in Virginia and the like hath been inserted in all King Charles his Commissions and of all the Governours of Virginia that have been since that time to this present 5. The said King Charles by his Proclamation May 13. 1625. declared That his aim was onely to reduce the Government into such a right course as might best agree with the form held in the rest of his Monarchy and not intended to impeach the interest of any Adventurer or Planter in Virginia 6. The Lords of the Councel by their Letter dated the 24 of October 1625. declare to the Colony That the Kings pleasure was to preserve every man's particular right and the Planters to enjoy their former priviledges with addition of other requisite immunities encouraging also the Planter to discoveries both by Sea and Land and to perfect the Trade of Furs which Letter according to their Lordships command was published in Virginia But Captain Cleyborn who was thereupon imployed by Commission from the Governour under the King's Broad Seal and the Seal of the Colony and then discovered those parts of the Trade of Maryland was thereby utterly undone supplanted and expelled by the Lord Baltamore 7. The King also for the encouragement of the Planters by his Royal Letters the 12 of September 1628. was pleased to promise thereby to renew and confirm unto the Colony under the great Seal of England their Lands and Priviledges formerly granted to them 8. And when the generall Assembly consisting of the Governours Councel and Burgesses of the whole Colony complained to the Lords of the Councel of the interruption of their Trade by the Lord Baltamore's Deputies their Lordships were pleased by their Letter July 22. 1634. to signifie that the Plantation of Virginia should enjoy their Estates and Trade with the same freedom and priviledge as they did before the recalling of their Patent By all which it appears that howsoever the Government could not be reduced from that popular form of the Company in England but by revocation of the Patent it self yet in respect of both those Kings Declarations and the Lords Orders the Adventurers and Planters of Virginia as to their Rights and Priviledges according to the Rule of Equity remain in the same condition as if no such Judgement had been given Object But they answer hereunto to this effect though not truely neither That the Lord Baltamore his Patent takes in no part that the Virginians had then planted and so the interests of all men is preserved and that Maryland is no other then a particular Plantation as the Company used to grant to divers Adventurers and Planters and that the King might do as much as the Company while they stood Answ. 1. We reply That the Adventurers and Planters were encouraged to expend their Estates in so vast a proportion and to
'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
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 â—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 aâ— 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 oâ—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
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 in the Government against the Laws and Liberties of the English Nation and the just Right and Interest of the Adventurers and Planters Also A short RELATION of the Papists late Rebellion against the Government of his Highness the Lord Protector to which they were reduced by the Parliaments Commissioners but since revolting and by Lord Baltamore's instructions caused to assault the Protestants there in their Plantations were by a far lesser number repulsed some slain and all the rest taken Prisoners To which is added A brief Account of the Commissioners proceedings in the reducing of Maryland with the Grounds and Reason thereof the Commission and Instructions by which they acted the Report of the Committee of the Navy concerning that Province and some other Papers and Passages relating thereunto together with the Copy of a Writing under the Lord Baltamore's Hand and Seal 1644. discovering his Practices with the King at Oxford against the Parliament concerning the Londoners and others trading in Virginia For the oppression of the poor for the sighing of the needy now will I arise saith the Lord I will set him in safety from him that puffeth at him Psal. 12. 5. London printed and are to be sold at the Crown in Popes-head-Ally and in Westminster-Hall 1655. Virginia and Maryland OR The Lord Baltamores printed Case uncased and answered IN the yeer 1607. divers preceding discoveries having confirmed an Opinion That the Country of Virginia was fit for Plantation It pleased God to affect the mindes of very many worthily disposed Noblemen Gentlemen and others to conceive it as a matter of great Religion and Honour to undertake the work of perfecting a Christian Plantation in those parts Whereupon King James was pleased to become the first Founder of this noble work and by his Letters Patents from time to time renewed and enlarged granted all ample Priviledges and Immunities both to those that managed in England those that went to inhabit there which gave so great an encouragement that fifty Earls and Barons three hundred and fifty Knights and six hundred Gentlemen and Merchants of primest rank became incoporated and were originally named in the Letters Patents by the name of the Company of Virginia being a greater union of Nobles and Commons then ever concurred to such an undertaking But nevertheless partly by the natural difficulties incident to all new Plantations but chiefly through the unnatural and faulty impediments arising by the cross agitations of two powerful factions in the Company the work went heavily on for the first twelve yeers appearing desperate in the several ill successes thereof And though afterward somewhat advanced and prosperous yet in the yeer 1621. by the fatal blow of a Massacre it was almost shattered to pieces and brought to a very low and calamitous condition which occasion the contrary faction presently took hold of insomuch that they exceedingly slighted the action and cared not to cast aspersions on the Country and on the whole management of that affair And then further strongly possessed and advised the then King against the form of the Companies Government as consisting of an excessive number of Councellours and a confused Popularity as being a Nurse of Parliamentary spirits and obnoxious to Monarchical Government Thereupon Order was made upon the eighth day of October 1623. at the Council-Table whereby the Company were moved to give in their assents for surrendeing their Patent and altering their form of Government and a new one proposed wherein the Interests and Rights of all men should be preserved which Order the Company not submitting unto A Quo Warranto was directed for the calling in of their Patent and an advantage taken upon their mispleading The Patent was condemned in Trinity-Term following but for many years after not vacated upon the Record in the Office of the Rolls whereby some that sought the overthrow of the Lord Baltamore's Patent for Maryland in the beginning of the Parliament 1640. took out the Virginia Patent again under the broad Seal of England therefore thought by primest Lawyers now to be unquestionably in force at least to point of interest and that Patent of Maryland unconsistent and void Thus in brief was the late Company dissolved and a Commission given to divers Lords and others for present directing and ordering the affairs of Virginia and that they should advise touching a better form of Government for advancing and establishing the Colony Then issued also several Proclamations and several Orders from the Council-Table with great assurances under the Broad Seal privy Seal that all men with the Adventurers and Planters should be assured that their Rights and Interests should be conserved and enlarged onely alteration in point of Government But both that Commission and renewing of the Companies Charter expired and all those Proceedings were delayed by reason of the death of King James which then suddenly ensued The principal scope of that Commission was that they should finde a better form of Government for the Countryes advancement and therein was especially promised the conservation of every man's right intentions worthy the wisdom and justice of so great a Prince But nothing was done by those Commissioners touching either of those ends nor by those by whose prosecutions these things hapned who having attained their private ends of spleen and profit upon the changes and revolutions of ensuing times deserted the interest of the Colony and left her weltring in her blood unsupplied with Ammunition and Arms in the heat of a difficult war with the Indians the burthen and charge whereof was onely undergone by the remaining Planters who thus forsaken by their former friends were constrained both to work and fight for their lives and subsistance and thereby preserved the Colony from desertion and at last restored it by the blessing of God to peace and plenty And then about the yeer 1633. Lord Baltamore pretending though not truely the greatest part of the Country was unplanted procured that the aforesaid judgement so long delayed was entred and obtained a Patent for that part now called Maryland which he hath since held with a few people and small Adventurers bebarring of those to whom it belonged from planting of it destroying and ruinating those formerly seated under Virginia at the Isle of Kent and interdicting Trade with the Indians for Furs discovered and begun by the Virginians by direction and commission from the King which since by this means is enjoyed by the Dutch and Swedes with the profit of many thousand pounds yeerly which Trade had been solely in the English Nations hands had not the Lord Baltamore interdicted â—t and seized all Vessels and displanted their Plantations And those Swedes and Dutch do trade for great quantities of Guns Powder and Shot with our Indians to the total
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 sâ—ld to the Indians though not altogether so openly as among the Swedeâ—â— 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
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
said 〈…〉 his hand and Seal at arms and that it shall noâ— be â—ffixed â—o any otheâ— Writing or thing whatsoever directly oâ— indirectly with my privy consent or knowledg 〈…〉 best endeavour carefully to preserve the said Gâ—eat 〈◊〉 in my custody so long as it shall please his said Lordship to continue me in the charge and keeping thereof 〈◊〉 â—nd that it may noâ— be lost stollen or unlawfully taken from me And 〈◊〉 by any other Person may 〈◊〉 the impression thereof unto any Wriâ—ing or thing whatsoeâ—er without Authority for â—o doing lawfully derived or to be derived from by or under a commission or Warrant under his said Lordships Hand and Seal 〈…〉 and that I wil truly and faithfully deliver up againe the said greaâ— Seal into the hands of such Person or Persons as his saâ—â— Lordship or his Heirs shall appoent when his or their pleasure for that purpose shall be signified to me under hiâ— or their hands and Seals at arms so help me God and by the contents of this Book The Oath of fidelity to the Lord Proprietor I A B. Do faithfully and truly acknowledge the Right Honourable Cecilius Lord Baron of Baltâ—more to be the true and absolute Lord and Proâ—itiary of this Province and Country of Mâ—â—yland and the Islands therâ—unto belonging And I do swear that I will bear true faith unto his Lordship and his Heires as to the true and absolute Lords and proprietories of the said Province and the Islands thereunto belonging and will not at aâ—y time by words or actions in publick or private wittingly or willingly to the best of my understanding any way derogaâ—â— frâ—m but wâ—ll at all timâ—â— as occasion shall require to the uttermost 〈◊〉 my pâ—wer defend and maintaine all such 〈◊〉 said Lordships 〈…〉 â—â—itle Interest Prâ—viledges anâ— his Royal Jurisdiction Prerogative propriety and Dominion over and in the said 〈◊〉 of Maryland and the Islands thereunto belonging and over the people who 〈…〉 shall be therein for the time being 〈◊〉 are granted 〈…〉 be granted to his said Lordship and to his Heirs by the King of Eâ—gland in his said Lordships patent of the said province under the Great â—eale of England I do also swear that I will with all expedition discover to his said Lordship or his Lieutenane or other chief Governor of the said province for the time being and also 〈◊〉 my best endeavours to prevent 〈…〉 any 〈◊〉 â—conspiracy or combination which I shall know or have cause to suspect is intended or shal be intended against the person of his said Lordship oâ— which shal tend my 〈◊〉 to the disinâ—erison or deprivation of his said Lordships or his heirs the Right Title Royal Jurisdiction or Dominion aforesaid or any part thereof and I do swear that I will not either by my self or by any other person or persons directly or indirectly take accept receive purchase or possess any Lands Tenements or Hereditantâ— within the said Province of Maryland or the Islaâ—ds thereunto belonging from any Indian or Indians to any other use or uses but to the use of his said Lordship and his heirs or knowingly from any other person or persons not deriving a legall Title thereunto from or under some Grant from his â—aid Lordship or his said Heirs legally passed or to be passed under his or their Great Seal of the said prâ—vince for the time being so help me God and by the Contents of this Book The Oath of a Counsellor of State in Maryland I A B. Do swear that I will be true and faithfull to the Right Honorable Cecilius Lord Baron of Baltemore the true and absolute Lord and Proprietory of this Province or Maryland and his Heirs and him and them â—nd his and their Right Royal Jurisdictions and signiory and every of them into and over the said Province and Islande hereunto belonging wil as all times defend and maintaine to the utmost of my power and will never accept of nor execute any Place Office or Imployment within the said Province any way concerning or relating to the Government from time to time but from his said Lordship or his Heirs Lords and proprietaries of the said Province under his or their Hands and Seal at Arms The peace and welfare of the people of this Province I will ever procure as far as I can I will aid and assist the administring and execution of Justice in all things to my powerâ— to none will I delay or deny Right for fear favor or affection I will to my best skill and according to my heart and conscience give good and faithful Counsel to the said Lord and Proprietary and his Heirs and to his and their Lievtenant and chief Governor of this Province for the time being when thereunto I shall be called I will keep secret all matters committed or revealed unto me or which shall be moved or debated secretly in Councel and faithfully declare my mind and opinion therein according to my heart and conscience And if any of the said Treaties and Councel shall touch any the Privy Counsellors of this Province I will not reveal the same to him so touched or concerned but will keep the same secret until such time as by the consent of the Lord Proprietary or chief Governor here for the time being publication shall be made thereof I will as a Counsellor as a Justice and Commissioner for conservation of the peace of this Province do equal right unto the poor and to the rich to the best of my understanding and judgment according to the Laws from time to time in force within this Province and in default thereof according to my best discretion and generally in all things will do as a faithful Counsellor to the Lord Proprietary And I do further Swear I will not by my self or any other person directly or indirectly trouble molest or discountenance any person or persons in the said Province professing to believe in Jesus Christ and in particular no Roman Catholick for or in respect of his or their Religion nor in his or her free exercise thereof within the said Province so as they be not unfaithful to his said Lordship nor molest or conspire against the Civil Government established under him So help me God and the Contents of this Book That whosoever shall call any one an Idolater Papish Priest Jesuite Jesuited Papist c. to forfeit ten pounds and that no Papist shall be troubled for exercise of his Religion so as they be faithful to his Lordship Whosoever shall be accessory to the running away of an Apprentice shall suffer death but the party himself if apprehended to serve his time double Whosoever shall counterfeit his Lordships Seal or Sign Manual shall suffer the loss of his hand imprisonment during life or pains of death or confiscation of Lands or Estate or any one or more of them as the Governor and Chancellor and Councel shall think fit His Lordship suffers Dutch French or Italian Descents
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