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A39892 Virginia and Maryland, or, The Lord Baltamore's printed case, uncased and answered shewing the illegality of his patent and usurpation of royal jurisdiction and dominion there : with the injustice and tyranny practised against ... adventurers and planters : also a short relation of the papists late rebellion against the government of His Highness the Lord Protector ... : to which is added a brief account of the commissioners proceedings in the reducing of Maryland ... Baltimore, Cecil Calvert, Baron, ca. 1605-1675. 1655 (1655) Wing F1457; ESTC R248 31,654 55

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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 ●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 Repor● 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 gr●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 Pa●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