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
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
which strange and exorbitant proceedings many great Cruelties and Mischiefs are likely to be committed and many hundreds with their Wives and Families are utterly ruined as hath been formerly done here and at Kent though Planted before the Lord Baltamore's Claim to Maryland with many Murders and illegal Executions of men Confiscations of Estates and Goods and great miseries sustained by Women and Orphans In Consideration and just fear whereof the said Planters of Patuxent and Severne have made their often Addresses to us as some of the then Commissioners for the Reducement of Maryland and most lamentably Complain of the great Danger they stand in of being utterly undone and chiefly for engaging their Fidelitie to the Common-wealth and Parliament of England now devolved to his Highness the Lord Protector their Obedience and Faith to both being plainly repugnant to each other and inconsistent We therefore the Commissioners of the Parliament having written and proposed to the said Captain Stone and that Councel for a Meeting to procure a right understanding in the matters aforesaid and to prevent the great inconveniences likely to ensue In Answer thereunto though they acknowledge our Lines Peaceable yet so exulcerated are their minds that in the very next Line they add We in plain terms say We suppose you to be Wolves in Sheeps clothing with many other following like uncivil and uncomely words and expressions In Contemplation therefore of all the Premises we have thought fit for to make publication hereof and to justifie and manifest our proceedings in these Affairs left many people may be ensnared by false and cunning suggestions and preâ—ences as lately hath been practised herein the falsitie whereof time hath sufficiently demonstrated And we are ready to give further satisfaction for the truth of any of the particulars before alleaged if any shall desire it or repair to us to that purpose which they may securely do Wherefore we advise and in the Name of his Highness the Lord Protector Require all the Inhabitants of this Province to take notice of the Premises and to contain and keep themselves in their due obedience under his Highness the Lord Protector of England Scotland and Ireland and the Dominions thereto belonging of which this is undoubtedly a part and ought to be Governed accordingly whereby they may assure themselves of the peaceable enjoyment of their Liberties profession of their Religion and their Estates and that they shall be protected from wrong and violence in what kind soever Hereby also Protesting against the said Captain William Stone Mr. Thomas Hatton and all others any way Confederate or Assistant with them in their unlawful practises that they may be accomptable and answerable to God and the State of England under his Highness the Lord Protector for all the mischiefs damages losses and disorders that may or shall happen thereby Dated at Patuxent in Maryland the 15. of July 1654. Richard Bennet Will. Claiborne Captain William Stone 's RESIGNATION of the GOVERNMENT VVHereas since the Orders or Directions of the Commissioners of the State of England for the Government of this Province of Maryland of the 28 of June 1652. I William Stone Esquire Governor of the said Province was Enjoyned by the Direction and Appointment of the Right Honorable the Lord Baltamore Lord Proprietary of the said Province to issue out all Writs and Process within this Province in his the said Lord Proprietaries name and to admit of those of the Councel which were appointed by his Lordship and no other And whereas upon my Compliance with his Lordships Commands therein not any wayes contradictory so far as I understand to any Command from the Supream Authority in England the said Commissioners in pursuance of their Declarations lately here published have threatned and gone about by force of Arms to compel me to decline his the said Lord Proprietaries Directions and Commands before mentioned which in regard of the trust reposed in me by his said Lordship as Governor here under him I conceive I was engaged not to do I have therefore thought fit for prevention of the effusion of Blood and ruine of the Country and Inhabitants by an Hostile Contest upon this occasion to lay down my Power as Governor of this Province under his Lordship and do promise for the future to submit to such Government as shall be set over us by the said Commissioners in the Name and under the Authority of his Highness the Lord Protector Witness my Hand the 20. of July 1654. In presence of William Stone Thomas Gerrard Thomas Hatton Edm. Scarburgh Order for settling the GOVERNMENT OF MARYLAND VVHereas by several Orders drawn up and Published at St. Marie's the 29. of March and the 28. of June 1652. Maryland was Reduced and settled under the Authority and Obedience of the Common-wealth of England as to the Government thereof by special Order and Command of the Councel of State by Commission from the Parliament and was left in the hands of Captain William Stone Mr. Hatton and others who were required and promised to issue out Writs and other Process in the Name of the Keepers of the Liberty of England according to the express words of the Commission and Instructions for Reducing Settling and Governing of all the Plantations in the Bay of Chesapiak to the Obedience of the Common-wealth of England as in and by the aforesaid Orders and Proclamations may and doth appear And whereas the aforesaid Captain Stone by special Order and Directions from the Lord Baltamore as it appeareth was perswaded and induced to go away from his Obligation and the Trust reposed in him By issuing forth Writs and all other Process in the Name of the Lord Proprietary of this Province placing and displacing those of the Councel and imposing an Oath upon the Inhabitants contrary unto and inconsistent with the said Engagement and Oath to the Common-wealth of England upon the Penalty and Forfeiture of the Lands of all such as should Refuse to take the same within three Months after publication thereof which were then to be Entred upon and Seized to his Lordships use thereby occasioning great discontent and disturbance among the Inhabitants besides the Irregularity and Cruelty of the said proceedings and the Opposition Contempt and Rebellion therein to the Common-wealth of England and his Highness the Lord Protector And further whereas by a late Proclamation dated the 4th of this Month published in this Province both the Commissioners of State and the people who adhered to their Engagment to the Common-wealth of England and refused to own or acknowledge any other Name or Authority as to Government or to take any other Oath but what they had already taken to that power were charged That they drew away the people and led them into Faction Sedition and Rebellion against the Lord Baltamore whereby not only the Lands and Plantations of many hundreds of people but also their Estates and Lives were liable to be taken away at the pleasure of
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
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
mens Estates and of Widows and Orphans to the destruction of many Families there especially his seizure of Captain Claiborn's Estate though out of his Patent because planted to the value of 6000 pounds with the great tyranny and wrong done there although the then King Declared and Commanded the contrary but was disobeyed by the Lord Baltamore's Agents are too long to be inserted here Many Inconveniences and Losses hath Virginia suffered by Maryland of which the continual Invitation and Entertainment of run-away servants and protecting fugitive persons and indebted is not the least But above all it is easie to be made appear that the Lord Baltamore hath continually ever since their seating there interposed in the matters of Government in Virginia by the potency of his friends in the late Kings Court both by placing and displacing the Governours Counsellors and Supream Officers as they stood affected or were displeasing to him Mr. Bennet and Captain Claiborn being two of the Commissioners that were imployed by the Parliament to reduce Virginia and Maryland are strangely taxed by Lord Baltamore for being his declared enemies indeed it seems for their service to the Parliament he is become implacable towards them though Captain Curtis another Commissioner now in England and all Maryland can testifie how unwilling and how tenderly they did any thing there and how much they desired and endeavoured to have declined any alteration if either Captain Stone the Governour or the Councel would here issued out Writs in the name of the Keepers of the Liberty of England and have promised to govern according to the Laws of England both which they refused under their hands and the Commissioners being sent to Maryland is since owned by the Report of the Committee of the Councel of State and the Lord Baltamore taxed and blamed for not issuing out Writs as they required them and therefore seems a bold aspersion for the Lord Baltamore to publish that Maryland being struck out of their commission was afterwards by some mistake put into the Commission the second time and as strange it seems that now since the reduction of Maryland the Lord Baltamore in opposition and contempt of the Supream Authority of England should cause his Governor and Councel most falsly and rebelliously to revolt and recede from the same and give instructions under his own hand as he had lately done to issue out all Writs and Proceedings in his own name onely which they have accordingly done and not the least mention of the Lord Protector's name in all their Government This the said Commissioners though they received confirmation of their Commission from the Parliament under the Seal the Original the first time miscarrying yet bore with a long time onely by â—etters out of Virginia admonished Captain Stone and that Councel of their error and protested against their actings but they continued obstinate The Commissioners were desirous still to expect and attend a settlement and determination out of England and to intermeddle as little as they could But about a yeer since Lord Baltamore sends over Instructions and Commands to Captain Stone and his new made Councel all or most Papists or indifferent to seize the Lands and Estates of all such as would not take the Oath of fidelity as he stiles it before specified But the people of Maryland generally abhorred this Oath and justly as is conceived especially those of Patuxent and Severn declined to take it as being against their Engagement incompatible with their subjection to the Commonwealth of England and inâ— congruous to swear to serve two absolute Superiors whereupon Captain Stone and his Counsel proclaim them seditious and rebels to Lord Baltamore and forget not to include the two Commissioners though in Virginia under the same name with other opprobious terms whereupon the people of Patuxent Sovern and Kent often and earnestly apply themselves if possible to have relief from those Comissioners yet they still desirously forbore to intermeddle hoping it would be done out of England until after many solicitations Mr. Bennet and Captain Claâ—boâ—â— with onely two men in July last went thither in a Boat yet using all â—air means but how ill they were treated for their moderation and intended to be surprised by night and made Prisoners and how they were necessitated to prevent greater mischief the present ruine of hundreds of Families to interpose to have that Oath suspended and the Government managed in the Lord Protector's name which being denied to avoid bloodshed they re-assumed the Government out of those hands that so ill-managed it and placed it in others for the time being under his Highness the Lord Protector until he should please to signifie his further pleasure will appear in a Declaration then and herewith published together with the peoples Petition the Commissioners answer thereunto and an Order for setling the Government in the hands of Captain William Fuller and others The Lord Baltamore also since gives particular Commission and Command to seize the persons of those Commissioners under his Hand and Seal dated in November last and for their service to the Lord Protector to proceed against them as abettors in mutiâ—y and sedition chides and upraid Captain Stone for cowardise provokes him to fighting and bloodshed a course too often acted in Maryland appoints another Governor in case he decline it and yet sends no revocation of the Commissioners reducement though he acknowledges he sought it earnestly of the Lord Protector but could not obtain it yet to bliâ—de and delude Captain Stone and his Counsel there came over 〈◊〉 Letter of Recommendation from his Highness of one Captain Barbar and by what practise or mistake is not known a subscription thereon to Captain Stone Governour of Maryland And by this together with a Copy of that Petition of the Merchanâ—s and others trading to Virginia brought in by Mr. Eltonhead and sent over by Lord Baltamore Captain Stone and all Maryland fall to arms and disarm and plunder those that would not accept the aforesaid Oath A part of them at last stood upon their guard onely sought to Captain Stone to shew his Commission and they would submit he caused to imprison their Messengers and being of far greater number assaulted them at their houses threatens to have their blood calls them Round-head Rogues and Dogs brought whole bagfuls of chewed Bullets rolled in powder saying The Devil take him that spares any and so falls on upon the day dedicated to the Virgin Mary with the word Hey for St. Mary but the Protestants commanded their men not to shoot upon pain of death until some being slain by a volly of shot from the Marylands they defended themselves and God confounded Capt. Stone and all his Company before them there were near double the number in Prisoners to the Victors twenty slain many wounded and all the place strewed with Papist beads where they fled but the Proceedings thereof and how the arm of the Lord was revealed and his
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