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
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
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