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

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performed though there were never a second the word first hath relation to the time past and not to the time to come King James is stiled in History James the first of that name King c. though there were never a second of that name King of England c. and it is usually written and said that a King died in the first yeer of his Raign when he lived not to enter into a second the like whereof may be made out by many other instances and as the L. Baltemore is confident the Assembly in Maryland had no intention by those words Charles the first c. to infer a second King of that name no more had he in his assent to that Law any such thought or meaning and the comportment of him and his Officers in Maryland above-mentioned towards the Parliament and their friends doth sufficiently confirme it Among other priviledges granted to the L. Baltemor e and the Inhabitants of Maryland by his said Patent one is by an expresse clause therein inserted that the said Province should not from thence forward be or be reputed any part of Virginia or bee dependent or subject to their Government in any thing although the Government of Virginia was then immediately in the Kings hands but was by the said Patent in express words seperated from it and so it hath been ever since which was one of the chiefest incouragements upon confidence whereof the L. Baltemore and others adventured so great a part of their estates thither as aforesaid for it was the priviledges and immunities and not the land only granted by the said Patent which did chiefly induce the Lord Baltemore to make so great an Adventure without which he would not certainly upon the conditions of a common Planter have disbursed any thing upon a Plantation in America Wherefore he hopes the Parliament will not think it just or fit to deprive him and the Inhabitants of Maryland of so important a priviledge which is their inheritance and dearly purchased by them by putting them now under the Government of Virginia upon colour of any Articles agreed on when the Virginians were declared enemies of this Commonwealth and the rather because even in point of policy also as is humbly conceived for certain Reasons of State heerunto annexed it will be more advantageous to the honour and interest of this Commonwealth to keep those two Governments still divided and to preserve and protect the Lord Baltemore's rights and priviledges aforesaid in Maryland then to destroy either of them Reasons of State concerning Maryland in America 1. FIrst It is much better to keep that Government still divided from Virginia as it hath beene for these twenty yeares last past then to unite them for by that meanes this Common-wealth will have the more power over both by making one an Instrument as occasion shall require to keep the other in its due obedience to this Common-wealth 2. Secondly in case any defection should happen in either Colony as lately was in Virginia the other may be a place of refuge for such as shall continue faithfull to this Common-wealth as Maryland lately was upon that occasion which it could not have beene in case the Government of that place had been at that time united unto or had had any dependence on Virginia 3. Thirdly it will cause an emulation in both which of them shall give the better account of their proceedings to the Supreme Authority of this Common-wealth on which they both depend and also which of them shall give better satisfaction to the Planters and Adventurers of both 4. Fourthly the Lord Baltemore having an estate and his residence in England this Commonwealth will have a better assurance of the due obedience of that Plantation and the Planters and Adventurers thither of having right done unto them in case the Government thereof have still a dependence on him and he upon this Commonwealth as he had before on the late King then if the Government of that place at so remote a distance should be disposed of into other hands who had little or nothing here to be responsible for it and whose interest and residence were wholly there 5. Fifthly by the continuance of his Interest in the Government thereof this Commonwealth and the people there are eased of the charge of a Deputy Governour which he at his own charges maintains the Inhabitants there being yet so poor and so like to be for many years as they are not able to contribute any thing towards it 6. Sixthly if the L. Baltemore should by this Commonwealth be prejudiced in any of the rights or priviledges of his Patent of that Province it would be a great discouragement to others in forraign Plantations upon any exigency to adhere to the interest of this Commonwealth because it is notoriously known that by his expresse direction his Officers and the people there did adhere to the interest of this Commonwealth when all other English Plantations except New-England declared against the Parliament and at that time received their friends in time of distresse for which he was like divers times to be deprived of his Interest there by the Colony of Virginia and others who had Commission from the late Kings eldest Sonne for that purpose as appears by a Commission granted by him to Sir William Davenant the Original whereof remaines with the Councell of State and a true Copy thereof is hereunto annexed A true Copy of a Commission from the late Kings eldest Sonne to Mr. VVilliam Davenant concerning Maryland the Originall whereof remains with the Councel of State CHARLES R. CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Our Trusty and Well-beloved Sir William Davenant Knight and to all others to whom these presents shall come greeting whereas the Lord Baltemore Proprietary of the Province and Plantations of Maryland in America doth visibly adhere to the Rebells of England and admit all kinde of Schismaticks and Sectaries and other ill-affected persons into the said Plantations of Maryland so that we have cause to apprehend very great prejudice to Our Service thereby and very great danger to Our Plantations in Virginia who have carried themselves with so much Loyalty and Fidelity to the King Our Father of blessed memory and to Us Know yee therefore That Wee reposing speciall trust and confidence in the courage conduct loyalty and good affection to Us of you Sir William Davenant and for prevention of the danger and inconveniences above-mentioned doe by these presents nominate constitute and appoint you Our Lievtenant Governour of the said Province or Plantations of Maryland with all Forts Castles Plantations Ports and other Strengths thereunto belonging to have hold exercise and enjoy the said place and command of Our Lievtenant Governour of Maryland during Our pleasure with all Rights Priveledges Profits and Allowances any wayes appertaining or belonging to the same And although Wee intend not hereby to prejudice the right of the Proprietary in the Soyle but have for Our Security thought fit to intrust you during these troubles * Wee notwithstanding give you full Power and Authority to doe all things in the said Plantations which shall bee necessary for Our Service and for securing them in their Loyalty and Obedience to Us and prevention of all dangers that may arise from thence to Our Loyall Plantations of Virginia Further requiring and commanding you to hold due correspondence with Our Trusty and Well-beloved Sir William Berkley Knight Our Governour of the said Plantations of Virginia and to comply with him in all things necessary for Our Service and the mutuall good of both Plantations requiring and commanding hereby all Officers and Ministers and all other Our Subjects whatsoever of the said plantations of Maryland to admit and seceive you Our said Lievtenant Governour according to this Our Commission and to obey and pursue your Order in all things according to the Authority Wee have given you and likewise requiring and commanding Our Governour and Counsell of Virginia and likewise all other Our loving Subjects of Virginia to bee aiding and assisting to you not onely to the settling and establishing of your Authority as Our Lievtenant Governour of Maryland but also in all such helps and assistances as may be necessary for your preservation there and for the mutuall good of both Plantations as aforesaid Given at Our Court in Jersey the 16 ●● day of February 1650 49 in the second Yeare of Our Reigne * This clause includes Soyle and all