Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	king_n	lord_n	tenant_n	3,351	5	9.8475	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 s●ld to the Indians though not altogether so openly as among the Swede●● 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

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

abolishing the Book of common prayer and for subscribing the ingagement and all of the● Acts therewith delivered to you You or any two or more of you have ful power to admi●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 Lo●os You or any two or more of you whereof cap Robett Denneis● be one have power to give liberty to the inhabitants and planters who shall have take● the engagement fomerly mentioned to choose such Burgesses as they shall think fit and send to the place you shal appoint f●r the better Regulating and governing affairs there provided that nothing be ●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 beh●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 fi●●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 Thurlo●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 preci●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 La●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 t●e said patent called the Province of Mariland To hold the s●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 so●●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 ●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 pat●nt pov●e● is granted to the Lord Baltemore and his heirs to make Laws by and with the Counsell assen● and approbatiou of the Freemen of the said Province or the Major part of them that sh●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 P●●e●t part of Virginia and planted and inhabited by Cap. C●●aiborn three years before the arrival of the Lord Baltemores Agenes in Maryland and that Burgesses sat in the Assembly a●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. C●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 Li●u enan●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 M●Har●man and others were all seised by the Lord Baltemores Agents and