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

Virginia and therefore they were concerned in that Article and they further humbly desired in the sayd Petition that the Lord Baltemore's Officers might be restored to their places in Maryland under him that the Petitioners might quietly enjoy the Priviledges of the sayd Patent of Maryland upon confidence whereof they had Adventured so much of their fortunes thither as aforesayd Whereupon divers Parchments under the Lord Baltemore's hand and seale which were sent out of Maryland by the sayd Capt. Bennet and Capt. Cleyborn were at that time produced to the House by a Member therof who it seems conceived that there would appear something in them wherby the Lord Baltemore had forfeited his said Patent or at least that his Authority in Maryland was not fit to be allowed of by the Parliament The House on the 31. August 1652. referred the sayd Article concerning the old Limits of Virginia to the Committee of the Navy to consider what Patent was fit to be granted to the Inhabitants of Virginia and to hear all Parties and consider of their particular Claims and report the same with their Opinions to the Parliament and the sayd Parchments delivered in concerning Maryland were also referred to the same Committee The Lord Baltemore accordingly made his claim before the said Committee unto whom he delivered a true Copy of his said Patent and desired therefore that the Patent which the Virginians were Suitors for might not extend to any part of Maryland it being made appear to the said Cōmittee that that Province had not been for these 20 years last past accounted any part of Virginia and that the Virginians had neither possession of any part thereof at the time of the making of the said Articles nor for 20 years before nor that the present Inhabitants of Virginia had ever at all any right unto it Then upon the suggestion of a Member of that Committee certain Exceptions against the Lord Baltimores Patent and his Proceedings thereupon in Maryland were shortly after presented in writing to the said Committee unto which the Lord Baltemore put in his Answer also in writing which was read and the Committee upon debate thereof it seems thought not fit to deliver any Opinion in the business but Ordered that the whole matter of fact should be stated by a Sub-Committee and reported first to the said Grand Committee and afterwards to the House The Exceptions aforesaid were many but the substance of them are reduceable to these heads following which are set down by way of Objections with Answers to them 1. Object A pretended injury done to the Virginians by the said Patent in regard Maryland was heretofore part of Virginia Answ. The present Inhabitants of Virginia had never any right to Maryland no more then to New-England which was part of that Country heretofore called Virginia aswell as Maryland but distinguished and seperated afterwards from it by a Patent as Maryland was There was indeed a Patent heretofore granted by King James in the 7. yeare of his reign of a great part of that northern Continent of America which was then called Virginia to divers Lords and Gentlemen here in England who were by that Patent erected into a Corporation by the name of the Virginia Company in which tract of land granted to the said Company that Country which is now called Maryland was included but that Patent was Legally evicted by a Quoranto in the then Kings Bench in 21. year of the sayd King James 8. or 9. years before the Patent of Maryland was granted to the L. Baltemore which Company or Corporation the Inhabitants of Virginia desire not now to revive by vertue of their Articles abovementioned but abhor the memory of it in regard of the great oppression and slavery they lived in under it when it was on foot so as they never having had any Patent right or possession of the sayd Province of Maryland there could be no injury done to them by the Lord Baltemore's sayd Patent after the eviction of the sayd Virginia Companies Patent thereof For it was as free in the late Kings power to grant any part of that Continent not possessed before by any Legall grant then in force from the Crown of England which Maryland was not at the time of the Lord Baltemore's Patent thereof as it was for King James to grant the aforesaid Country to the said Virginia Company 2. Object A pretended wrong done by the Lord Baltemore to the above mentioned Capt. Cleyborn in dispossessing him of an Island in the sayd Province called the Isle of Kent 2. Answer It was a business above 14. years since upon a full hearing of both parties then present decided by the then Lords Commissioners for Forraign Plantations against the sayd Capr Cleyborn and his Partners Mr. Maurice Thomson and others and the sayd Capt. Cleyborn hath himselfe also by divers Letters of his to the Lord Baltemore acknowledged the great wrong he did him therin which Letters were proved at the Committee of the Navy and are now remayning with that Committee wherefore the Lord Baltemore humbly conceives that against the sayd Capt. Cleyborns owne acknowledgement and a Determination so long since of that business and above 14 years quiet possession in the Lord Baltemore of the said Island the Parliament will not think fit upon a private Controversie of meum and tuum between him and the said Cleyborne to impeach his Patent of the said Province or his right to the said Island but leave both parties to their legall remedy 3. Object That the said Patent constitutes an hereditary Monarchy in Maryland which is supposed by some to be inconsistent with this Cōmon-wealth 3. Answ. The Jurisdiction stile which the Lord Baltemore useth in Maryland is no other then what is warranted by his Patent as may appeare by his answer at the Commitee of the Navy to the Exceptions above mentioned and by perusall of the said Patent and that is onely in the nature of a County Palatine subordinate and dependent on the Supreame Authority of England for by the Patent the soveraign Dominion Allegiance the fift part of all Gold Silver Oare which shall happen to be found there and severall other Duties are reserved to the late King his Heires and Successors who are now the Parliament of this Common-wealth and although it be true that a Monarchicall Government here which should have any power over this Common-wealth would not be consistent with it yet certainly any Monarchical Government in forraign parts which is subordinate to dependent on this Cōmonwealth may be consistent with it aswell as divers Kings under that famous Common-wealth of the Romans heretofore were insomuch as they thought it convenient and fit to constitute divers Kings under them All Lords of Mannors or Liberties here in England may in some kinde be aswell accounted Monarches within their severall Mannors and Liberties as the Lord Baltemore in Maryland for Writs issue at this day in their names

out of their Courts within their respective Mannors and Liberties and not in the name of the Keepers of the Libertie of England Oathes of Fealty are taken to them by their Tenants and they have great Royalties and Jurisdictions some more then others and some as great in proportion within their said Mannors and Liberties as the Lord Baltemore hath in Maryland except the power of making Lawes touching life and Estate power of pardoning and some few others of lesser concernment which although they may not be convenient for any one man to have in England yet are they necessary for any whether one man or a Company that undertakes a Plantation in so remote and wild a place as Mariland to have them there especially with such limitations as are in the Lord Baltemore's Patent to wit that the Laws be made with the consent of the Freemen of the said Province or the major part of them or their Deputies and that they be consonant to reason and be not repugnant or contrary but as neare as conveniently may bee agreeable to the Laws of England which limitations the Lord Baltemore hath not exceeded as may appeare by his Answer to the Committee of the Navy to the Exceptions above mentioned and although it be not fit that any one Person should have a negative Voyce here in the making of Lawes yet certainly as no Company so no single man that is well in his wits will be so indiscreet as to undertake a Plantation at so vast an expence as the Lord Baltemore hath if after all his charge pains and hazards which are infinite in such a businesse such necessitous factious people as usually new Plantations consist of for the most part and went thither at his charge or by contract or agreement with him should have power to make Lawes to dispose of him and all his estate there without his consent and he be left without remedy for before the Supream Authority here upon any appeale to it will probably be at leisure from business of greater consequence or perhaps have convenient means to relieve him he may be ruined and destroyed such chargeable and hazardous things as Plantations are will not be undertaken by any whether it be a Company or a single man without as great incouragements of priviledges as are in the Lo. Baltemore's Patent of Maryland and if it be not any prejudice as certainly it is not but advantagious to the interest and honor of this Common-wealth that an English man although a Recusant for the Lord Baltemore knows of no Lawes here against Recusants which reach into America should possess some part of that great Continent of America with the priviledges and jurisdictions aforesaid dependent on and subordinate to it then the Indian Kings or Forreigners as the Dutch Swedes afore mentioned who have no dependency on it as certainly it is then he hopes the Parliament will not thinke it inconsistent with this Cōmon-wealth but just that he should injoy the Rights and Priviledges of his Patent upon confidence whereof he and his friends have adventured the greatest part of their fortunes for the honour of this Nation aswell as their own particular advantage especially seeing no other person hath any wrong done him therein for none are compelled to go to Maryland or to stay there but know beforehand upon what termes they are to be in that place and the English Inhabitants of that Province are so well pleased with the Government constituted there by the said Patent as that by generall consent of the Protestants aswell as Roman Catholiques it is established by a Law there aswell as freedome of Conscience and exercise of Religion within that Province is to all that profess to believe in Jesus Christ as appears by the Laws of that Province now in the hands of the said Committee of the Navy which makes it evident that a Petition lately read at that Committee with ten unknown hands to it in the name of the Inhabitants of Maryland against the Lord Baltemore's sayd Patent is eyther wholly fictitious or else signed by some few obscure factious fellows which is easie to bee procured by any ill affected person against any Government whatsoever 4. Object That the Lord Baltemore gave his assent to certaine Lawes for Maryland in 1650. in one of which Lawes the late King Charles is stiled the late high and mighty Prince Charles the first of that name K. of England c. And in another of the said Lawes it is Enacted That the L. Baltemore shall have 10s a hogs-head for all Tobacco's ship't from Maryland in any Dutch Vessell bound for any other Port then his Majesties whereby some would infer that hee did acknowledge a Charles the second to be King c. for that the word first in one Law inferred a second and by the word Majesty in the other Law the Lord Baltemore must mean the late Kings eldest son for the late King Charles was dead when the Lord Baltemore assented to that Law to wit in August 1650. 4 Answ. To this is answered that although those Lawes were assented unto by the Lord Baltemore in August 1650. yet it appears by his said Declaration of assent that some of them were enacted in Maryland by the Assembly there in April 1649. whereof that Law was one wherein those words to wit any other Ports then his Majesties are inserted as was proved to the said Committee of the Navy at which time the people in Maryland could not know of the late Kings death which was but in January then next before for in February March and April ships usually return from those parts and in September October and November goe thither so as the Assembly in Maryland could mean no body by that word Majesty but the late King and the L. Baltemore could have no other meaning but what the Assembly had for he did but assent to what they had done and was before enacted as aforesaid as to the other law wherein those other words are inserted to wit the late high and mighty Prince Charles the first of that name c. it was one of those Laws which were passed by the Assembly in Maryland in April 1650. when the people there knew of the late Kings death to wit a year after the other law above-mentioned with divers others which were enacted in April 1649. as aforesaid though in the ingrossement of them all here when the Lord Baltemore gave his assent to them altogether in August 1650. it is written before it because they were transposed here in such order as the Lord Baltemore thought fit according to the nature and more or lesse importance of them placing the Act concerning Religion first c. And as to those words the first of that name c. the word first doth not necessarily imply a second as some infer upon it no more then when the first born of thy sonnes were commanded to be given to God did imply a second which was

THE LORD BALTEMORE'S CASE Concerning the Province of Maryland adjoyning to Virginia in AMERICA With full and clear Answers to all material Objections touching his Rights Jurisdiction and Proceedings there And certaine Reasons of State why the Parliament should not impeach the same Unto which is also annexed a true Copy of a Commission from the late King's Eldest Son to Mr. William Davenant to dispossess the Lord Baltemore of the said Province because of his adherence to this Common-Wealth LONDON Printed in the Yeare 1653. THE LORD BALTEMORE'S CASE Concerning the Province of Maryland joyning to Virginia in America c. IN 1632. the Lord Baltemore had a Patent granted to him and his heirs of the said Province of Maryland with divers priviledges and jurisdictions for the Government thereof the better to incourage him to settle a Colony of English there whereby to prevent the Dutch and Swedes from incroaching any nearer to Virginia Maryland being between Virginia and the Dutch and Swedes Plantation on that Continent and New-England beyond them to the Northward The Lord Baltemore hereupon in 1633. sent two of his own brothers with above 200 people to begin and seat a Plantation there wherein and in the prosecution of the said Plantation ever since hee and his friends have disbursed above 40000 l. whereof 20000 l. at least was out of his own purse and his said two brothers died there in the prosecution thereof In Septem. 1651. when the Councell of State sent Commissioners from hence to wit Captaine Dennis Captain Steg and Captain Curtes to reduce Virginia to the obedience of the Parliament Maryland was at first inserted in their Instructions to be reduced as wel as Virginia but the Councel being afterwards satisfied that that Plantation was never in opposition to the Parliament that Captain Stone the Lord Baltemore's Deputy there was generally knowne to have been always zealously affected to the Parliament and that divers of the Parliaments friends were by the Lord Baltemore's speciall direction received into Maryland and well treated there when they were fain 〈◊〉 ●●●ve Virginia for their good affection to the Parliament then the Councell thought it not fit at all to disturb that Plantation and therefore caused Maryland to be struck out of the said Instructions which was twice done it being by some mistake or other put in a second time In this expedition to Virginia Captain Dennis and Captain Stegg the two chiefe Commissioners were cast away outward bound in the Admirall of that Fleet which was sent from hence upon that service and with them the Originall Commission for that service was lost But Cap. Curtes having a copy of the said Commission and Instructions with him in another ship arrived safe in Virginia and there being also nominated in the said Commission two other persons resident in Virginia to wit Cap. Bennet and Cap. Cleyborn known and declared enemies of the L. Baltemore's they together with Cap. Curtes proceeded to the reducement of Virginia which was effected accordingly upon Articles among which one was That the Virginians should injoy the antient bounds and limits of Virginia and that they should seek a Charter from the Parliament to that purpose In the reducement of Virginia Captain Stone the L. Baltemore's Deputy of Maryland sent to the Commissioners at the first arrival of the Fleet in Virginia to offer them all the assistance he could and did actually assist them therein with provision of victuall and other necessaries as will be testified if need be by Mr. Edward Gibbons Major-Generall of New-England and divers others who were then there and eye-witnesses of it and are now here Notwithstanding which the said Commissioners after Virginia was reduced went to Maryland and upon pretence of a certaine clause which it seems was by some meanes or other put into their Instructions after Maryland was struck out as aforesaid to wit that they should reduce all the Plantations in the Bay of Cheseapeack to the obedience of the Parliament and some part of Maryland where the L. Baltemore's chief Colony there is seated being within that Bay as well as most of the Plantations of Virginia are they required Captaine Stone and the rest of the Lord Baltemore's Officers there first to take the Ingagement which they all readily subscribed and declared that they did in all humility submit themselves to the Government of the Commonwealth of England in chief under God then the Commissioners required them to issue out Writs and Processe out of the L. Baltemore's Courts there in the name of the Keepers of the Liberty of England and not in the name of the Lord Proprietary as they were wont to doe wherein they desired to be excused because they did not conceive the Parliament intended to devest the Lord Baltemore of his right there and that they understood out of England that the Councell of State intended not that any alteration should be made in Maryland That the Kings name was never used heertofore in the sayd Writs but that they had alwayes been in the name of the Lord Proprietary according to the Priviledges of his Patent ever since the beginning of that Plantation that the late Act in England for changing of the forms of Writts declared only that in such Writs and Process wherin the Kings name was formerly used the Keepers of the Liberty of England should for the future be put in stead therof that the continuing of the Writs in the Lord Proprietaries name was essential 〈◊〉 his Interest there and that therefore they could not without breach of trust concur to any such alteration wherupon the Commissioners demanded of Captain Stone the Lord Baltemore's Commission to him which he delivered and then without any other cause at all they removed the sayd Captain Stone and the Lord Baltemore's other Officers out of their Imployment there under him and appointed others to manage the government of that Plantation till the pleasure of the Councell of State and Parliament should be further known therin seized upon all the Records of the Place and sent divers of them hither into England all which they did without any opposition at all from Cap. Stone or any other of the Lord Baltemore's Officers in regard of their respect and reverence to the Commissioners of the Parliament The Colony of Virginia not long after sent one Colonell Mathews hither into England to get their Articles confirmed by the Parliament which were read in the House on the 31. August 1652. Upon the reading wherof a Petition of the Lord Baltimores and of about twenty more considerable Protestant Adventurers and Planters to and in Maryland who are known by divers Members of the House to have been well affected alwayes to the Parliament and who signed the said Petition was also read whereby it was humbly desired that before the House passe● that Article concerning the old limits of Virginia the said Petitioners might be heard by their Councell in regard Maryland was long since esteemed part of

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