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 ...

Virginia and Maryland. OR, The Lord Baltamores printed Caſe, uncaſed, and anſwered.

IN the yeer 1607. divers preceding diſcoveries having confirmed an Opinion, That the Country of Virginia was fit for Plantation; It pleaſed God to affect the mindes of very many worthily diſpoſed Noblemen, Gentlemen, and others to conceive it as a matter of great Religion and Honour, to undertake the work of perfecting a Chriſtian Plantation in thoſe parts. Whereupon King James was pleaſed to become the firſt Founder of this noble work, and by his Letters Patents from time to time renewed and enlarged, granted all ample Priviledges and Immunities, both to thoſe that managed in England, & thoſe that went to inhabit there: which gave ſo great an encouragement, that fifty Earls and Barons, three hundred and fifty Knights, and ſix hundred Gentlemen, and Merchants of primeſt rank▪ became incoporated, and were originally named in the Letters Patents by the name of the Company of Virginia, being a greater union of Nobles and Commons, then ever concurred to ſuch an undertaking. But nevertheleſs, partly by the natural difficulties incident to all new Plantations; but chiefly, through the unnatural and faulty impediments ariſing by the croſs agitations of two powerful factions in the Company, the work went heavily on for the firſt twelve yeers, appearing deſperate in the ſeveral ill ſucceſſes thereof. And though afterward ſomewhat advanced and proſperous, yet in the yeer 1621. by the fatal blow of a Maſſacre, it was almoſt ſhattered to pieces, and brought to a very low and calamitous condition; which occaſion the contrary faction preſently took hold of, inſomuch that they exceedingly ſlighted the action, and cared not to caſt aſperſions on the Country, and on the whole management of that affair. And then further ſtrongly poſſeſſed and adviſed the then King, againſt the form of the Companies Government, as conſiſting of an exceſſive number of Councellours, and a confuſed Popularity, as being a Nurſe of Parliamentary ſpirits, and obnoxious to Monarchical Government. Thereupon Order was made upon the eighth day of October, 1623. at the Council-Table, whereby the Company were moved to give in their aſſents for ſurrendeing their Patent, and altering their form of Government, and a new one propoſed, wherein the Intereſts and Rights of all men ſhould be preſerved: which Order the Company not ſubmitting unto, A Quo Warranto was directed for the calling in of their Patent, and an advantage taken upon their miſpleading. The Patent was condemned in Trinity-Term following: but for many years after, not vacated upon the Record in the Office of the Rolls, whereby ſome that ſought the overthrow of the Lord Baltamore's Patent for Maryland, in the beginning of the Parliament, 1640. took out the Virginia Patent again under the broad Seal of England: therefore thought by primeſt Lawyers now to be unqueſtionably in force, at leaſt to point of intereſt; and that Patent of Maryland unconſiſtent and void.

Thus in brief was the late Company diſſolved, and a Commiſſion given to divers Lords and others, for preſent directing and ordering the affairs of Virginia; and that they ſhould adviſe touching a better form of Government for advancing and eſtabliſhing the Colony. Then iſſued alſo ſeveral Proclamations, and ſeveral Orders from the Council-Table, with great aſſurances under the Broad Seal & privy Seal, that all men, with the Adventurers, and Planters, ſhould be aſſured, that their Rights and Intereſts ſhould be conſerved and enlarged, onely alteration in point of Government. But both that Commiſſion and renewing of the Companies Charter expired, and all thoſe Proceedings were delayed, by reaſon of the death of King James, which then ſuddenly enſued. The principal ſcope of that Commiſſion was, that they ſhould finde a better form of Government for the Countryes advancement, and therein was eſpecially promiſed the conſervation of every man's right; intentions worthy the wiſdom and juſtice of ſo great a Prince. But nothing was done by thoſe Commiſſioners touching either of thoſe ends, nor by thoſe by whoſe proſecutions theſe things hapned, who having attained their private ends of ſpleen and profit upon the changes and revolutions of enſuing times▪ deſerted the intereſt of the Colony, and left her weltring in her blood, unſupplied with Ammunition and Arms in the heat of a difficult war with the Indians: the burthen and charge whereof was onely undergone by the remaining Planters, who thus forſaken by their former friends, were conſtrained both to work and fight for their lives and ſubſiſtance; and thereby preſerved the Colony from deſertion, and at laſt reſtored it by the bleſſing of God to peace and plenty.

And then, about the yeer 1633. Lord Baltamore pretending▪ though not truely, the greateſt part of the Country was unplanted, procured that the aforeſaid judgement ſo long delayed, was entred, and obtained a Patent, for that part now called Maryland, which he hath ſince held with a few people and ſmall Adventurers, bebarring of thoſe to whom it belonged from planting of it; deſtroying and ruinating thoſe formerly ſeated under Virginia, at the Iſle of Kent; and interdicting Trade with the Indians for Furs, diſcovered and begun by the Virginians, by direction and commiſſion from the King; which ſince by this means is enjoyed by the Dutch and Swedes, with the profit of many thouſand pounds yeerly; which Trade had been ſolely in the Engliſh Nations hands, had not the Lord Baltamore interdicted • t, and ſeized all Veſſels, and diſplanted their Plantations. And thoſe Swedes and Dutch do trade for great quantities of Guns Powder and Shot with our Indians, to the total 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 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 Seaſhore, 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, Ʋs, 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 'tis 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 'tis notoriouſly known that all the Lord Baltamore's Governors uſually took the Kings part againſt the Parliament; and his Brother, Mr. Leo. Calvert, his only Governor while he lived there, ever declared himſelf againſt them: And to evince this irrefrageably, and clearly to demonſtrate the management and complexion of this buſineſs, both Lord Baltamore himſelf, and his Brother, by long Solitations at Oxford. procured and ſent over in Anno 1644. Commiſſions under the Kings Broad Seal, to ſurprize the Parliaments and London-ſhips in Virginia; and to impoſe Cuſtoms, raiſe Regiments, and Fortifie the Country againſt the Parliament; which appears by ſeveral Writings under the Lord Baltamore's Hand and Seal, (one of which is hereunto annexed.) They did with zeal proclaim the Kings Son, Charles the Second, at Maryland; and ſome that read it, and aſſiſted therein, of the primeſt rank, are ſtill continued Counſellors by him, and never a word of blame; whereas 'tis evident his own Intereſt is more than circumſpectly watcht over, and contended for. How can he pretend that his Governor, Captain Stone, bare any affection to the Parliament, when without check from himſelf, in their Aſſemblies Laws, he uſed the name of King, and His Majeſty; and of Charles the Firſt, when the Second was Proclaimed there? And why did Lord Baltamore himſelf in England adviſedly conſent and approve thoſe Laws in terminis, under his hand, 1650. if ſuch had not been his own thoughts toward the Parliament? The Commiſſioners that were imployed by the Parliament to Reduce Virginia, Anno. 1652. were commanded to Reduce all the Plantations in the Bay of Cheſapiak; and then, that all Writs ſhould iſſue in the Name of the Keepers of the Libertie of England: They ſaw not how they could decline this ſervice, well knowing how contrary to thoſe Commands, and the Honor and Intereſt of the Parliament, the Government of Maryland was exerciſed; and think ſtrange any ſhould pretend aſſiſtance and ſupply of Victuals from Maryland to that Fleet, when no ſuch thing ever was; that the Parliament Ships were entertained there in his Harbors, whenas never any of them came at Maryland, nor within near 100. miles thereof, ſave only the Ginny Frigot, who went thither to Reduce that Province; they knew his Governor had alwayes bore affection to the Kings ſide, that Charles the Second (as hath been ſaid) was proclaimed there, that the Councel were all Papiſts, or indifferently affected, and that they refuſed to Govern the people by the Laws of England (another Clauſe in the Parliaments Commiſſion) to which ſeveral of their actings, and even Lord Baltamore's Inſtructions were contrary, as in this particular, and many others, appears by the Reports of the Committee of the Navy, and the Councel of State, to whom the Parliament referred this Cauſe; a Copy of which Report is hereunto annexed: And they ruled in Maryland in ſuch an abſolute way and authority, as no Chriſtian Prince or State in Europe exerciſes the like.

His Governor hath an abſolute Negative Voice in all things, and in the Aſſembly of the Burgeſſes; calls into the Upper Houſe (as he terms it) whom he will, to over-vote the reſt; places and diſ-places whom he will in that Councel: and the Lord Baltamore himſelf, though in England, appoints all Officers, even to the meaneſt degree; and who flatter him moſt, are ſure to have it: His Mandates are ſent over to ſtop Juſtice, and the Judges impriſoned for proceeding according to Juſtice: Writs are given out under the Governors hand in his own Caſe, without any judgement of Court, to ſeize mens Goods into the Governors hands: His Governors are not ſuable for any juſt debts, and ſo they uſually exerciſe their priviledges, even to the oppreſſion and diſcontent of the people: No Appeals allowed from their Courts, though conſiſting but of two men, and thoſe perhaps of no great knowledg or skill in Government, no not to the general Repreſentative Aſſemblies. It would be infinite to rake in this Dunghil; but all indifferent men that have lived and been there▪ know theſe things to be ſad Truths; and ſurely not without cauſe, have the general Aſſemblies there, moſt of the Councel and the Freemen, been often conteſting with the Lord Baltamore's Governors about theſe things, and yet could never obtain any redreſs from him; but have reſolved to Petition the State of England.

Why therefore ſhould Maryland, ſo ill Founded, and ſo ill Managed, be wrung from the right of Virginia, againſt all Law and Equity, as is before truely ſet forth? And be eſtabliſhed to Lord Baltamore, a profeſſed Recuſant, as his publiſh'd Book intimates; who hath in effect made it a ſubject of his own domination and tyrranny (being his main aim:) But to colour it, and the better to get friends, firſt made it a receptacle for Papiſts, and Prieſts, and Jeſuites, in ſome extraordinary and zealous manner; but hath ſince diſcontented them many times & many ways; though Intelligence with Bulls, Letters, &c. from the Pope and Rome be ordinary for his own Intereſts; and now admits all ſorts of Religions, and intended even 2000 Iriſh, and by his own Letters clears and indemnifies one, that ſaid, Thoſe Iriſh would not leave a Bible in Maryland. His Country, till he employed Captain Stone, never had but Papiſt Governours and Counſellors, dedicated to St. Ignatius, as they call him and▪ his Chappel and Holyday kept ſolemnly: The Proteſtants for the moſt time miſerably diſturbed in the exerciſe of their Religion, by many wayes plainly enforced, or by ſubtil practiſes, or hope of preferment, to turn Papiſts, of which a very ſad account may from time to time be given, even from their firſt arrival, to this very day.

Virginia hath uſed all good Neighbourhood towards them, without which aſſiſtance and ſupply, even of all things, they could not have ſubſiſted; for their numbers were inconſiderable, and their Adventures ſmall and very little after the firſt ſhip, in compariſon of ſuch a work. And though Lord Baltamore pretends great Adventures with his Friends thither; yet none have appeared there to any conſiderable value from him for many yeers, onely what Merchants, and ſome few have done upon Returns of Tobacco and Beaver: ſo that in Truth it will appear, and that by his own Letters too, Maryland hath been chiefly planted by Virginia from firſt to laſt, and by people from thence wanting ſeats in their narrow limits; Maryland taking away above half the Country, which (as hath been ſaid before) was onely diſcovered by Virginia, with continual Trade and abode of people there for above 20 yeers, by Commiſſions and Warrants in the King's Name, and was planted by Colonel Claiborn under Virginia Government, ſome yeers before ever the name of Maryland, or Lord Baltamore was ever heard of there; which himſelf knew, though he miſ-informed the King, and obtained his Patent upon pretence of Unplanted places onely.

But the many illegal Executions and Murthers of ſeveral perſons at the Iſle of Kent by the Lord Baltamore's commands and his Officers; the Impriſonments, Confiſcations of many 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 • 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 in • 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 Cla • bo •• with onely two men in July laſt went thither in a Boat, yet uſing all • 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 muti • 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 bli • 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 Merchan • 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 mighty power manifeſted even to adminiſtration, together with the ſucceſs, and the evils drawn upon themſelves, appears by the relation thereof, at this time alſo publiſhed by a Meſſenger from thence.

The Lord Baltamore pretends in print, his entertainment into Maryland of the Parliaments Friends thruſt out of Virginia; but thoſe very men whom he ſo ſtiles coming thither being promiſed by Captain Stone, that he would 〈◊〉 urging the Oath upon them, complain of it to the Parliament, are in anſwer thereunto vilified by Lord Baltamore, and publickly taxed for obſcure factious fellows▪ and in his later Letters termed the baſeſt of men, and unworthy of the leaſt favour or forbearance; ſuch advantages doth he make on all ſides, at ſuch a diſtance, and in ſuch incompoſed times, that he confidently takes the liberty to aver ſuch extream and contrary things which amaze other men that ſee them. The place, as himſelf confeſſes, had been deſerted, if not peopled from Virginia. He might with more reaſon ſcruple to ſupplant the Rights of the moſt conſiderable conjuncture of worthy men that ever undertook ſuch an Adventure, as Plantation out of England; which hath been the beginner and parent of all the reſt.

The late King James revoked the Virginia-Companies Patent, for denying him to alter the Government, for which he had fundamentally provided to give Inſtructions from time to time, and was the ſame, which the laſt King did by his Commiſſion to Sir William Davenant, of which the Lord Baltamore ſpeaks ſo much, and makes ſuch inferences as ſerve his own ends. But the Truth is, all that can rightly and properly be collected from thence is onely this, (his right to the Soil being in expreſs words reſerved) if the King might diſpoſe of the Government of Maryland, why not the Parliament, as they have done; and why not the Lord Protector as he alſo hath done? Another of thoſe Fundamentals was, That no Papiſts ſhould be tolerated to remain in Virginia, but ſent away if they would not take the Oath of Allegiance, and was ſo practiſed: this the old Lord Baltamore refuſing, ſtayed not in Virginia; and, Hinc illa lachryma, to all thoſe that were of the Councel, who with their wives and children have not ſuffered a little for it; of which onely Colonel Matthews and Colonel Claiborn remain alive. His Son this Lord Baltamore now publiſhes himſelf a Recuſant, and avers contrarily, that the Laws againſt Papiſts and Recuſants extend not thither; yet his Patent ſayes, No interpretation ſhall be admitted thereof, by which God's holy and truely Chriſtian Religion, or the allegiance due to the Succeſſors of the State of England, ſhould ſuffer any prejudice or diminution.

By all which ſurely it's moſt evident, This County Palatine aimed and coveted by him, appears diſagreeable to Law and to his own Patent: and as a Monſter unlike the reſt of the Dominions of the Commonwealth of England, & contrary to the late Platform of Government under his Highneſs the Lord Protector; yet hath he omitted no means to inforce his Dominion on thoſe men that are moſt unwilling to ſubmit to him as an abſolute Prince and hereditary Monarch. Neither doth that inſtance of the Roman Commonwealth in his printed Pamphlet hold for him, who though they permitted and continued many Kingſhips over people that formerly had them, as is now done in Virginia among the Indians; yet he cannot ſhew, that ever they conſtituted Kings over the people of Rome to govern abſolutely over them, as this caſe pleads for, to have a negative voice, yea, and as power ad placitum, in all things that is before ſpecified, to the great regret of the Inhabitants, the oppreſſion of many, and the obſtruction of juſtice, of which Maryland hath afforded no mean examples and complement.

But although Virginia ſeeks the re-eſtabliſhment of her bounds ſo often aſſured under the great Seal of England, and otherwiſe, yet to renew any ſuch Authority as this of Maryland, or that of the Company over her, ſhe deſires it not; but to be from time to time under ſuch Government as the State of England ſhall appoint.

Duplicate, Inſtructions for Captain Robert Dennis, Mr. Rich, Bennet, Mr. Tho. Sleg, and Capt. William Claiborn appointed Commiſſioners for the reducement of Virginia, and the Inhabitants thereof to their due obedience to the Commonwealth of England.

WHereas the Parliament of England by an Act intituled, An Act prohibiting trade with the Barbadoes, Virginia, Bermudas and Antego, hath committed to this Councel ſeveral powers therein expreſſed, for the ſetling, reducing, and governing the ſaid Iſlands, printed Copies of which Acts are herewith delivered you. In purſuance whereof, a Fleet is now ſet forth victualled, armed, and manned under the command and conduct of Captain Robert Dennis, to effect by the bleſſing of God the ends aforeſaid, & for the management of that ſervice, you are hereby joyntly nominated and appointed Commiſſioners: and for your better directions and proceedings therein, you are to follow theſe Inſtructions following:

Such of you as are here to repair on board the ſhips, John or the Guinny Friggot of the States, which of them you ſhall think fit, and winde and weather permitting to ſail to Virginia, as Captain Robert Dennis ſhall direct and appoint. And upon your arrival in Virginia, you, or any two or more of you, (whereof Captain Robert Dennis to be one) ſhall uſe your beſt endeavors to reduce all the Plantations within the Bay of Cheſopiack to their due obedience to the Parliament and the Common-wealth of England.

For which purpoſe, you, or any two or more of you, (wherof Captain Robert Dennis to be one) have hereby power to aſſure, pardon, and indemnity to all the Inhabitants of the ſaid Plantations that ſhall ſubmit unto the preſent Government, and Authority as it is eſtabliſhed in this Common-wealth; in which pardons you may make ſuch limitations and exceptions, as you or any two or more of you, whereof capt. Robert Dennis to be one, ſhal think fit.

And in caſe they ſhal not ſubmit by fair wayes, & meanes you are to uſe all acts of hoſtility that lies in your power to enforce them, and if you ſhal find the people ſo to ſtand out as that you can by no other wayes o • means reduce them to their due obedience, you or any two or more of you whereof capt. Rob. Dennis to be one have power to appoint captains, and other Officers, and to raiſe forces 〈◊〉 in every of the plantations a foreſaid, forth eſurtherance and good of the ſervice, and ſuch perſons at ſhall come in unto you and ſerve as ſoldiers, if their maſters ſhal ſtand in oppoſition to the prelent Government of this Common-wealth▪ you or any two or more of you whereof cap. R • b; Dennis to be one, have here by power to diſcharge, and ſet free from their maſt • gs all ſuch perſons ſo ſerving as ſouldiers.

You ſhall cauſe and ſee all the ſeveral Acts of parlament againſt Kingſhip, and the houſe of Lords to be received and publiſhed; as alſo the Acts for 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 〈 in non-Latin alphabet 〉 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 partier, 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 filver 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 at length after three yeares ſuffering, Captaine Claiborn was forſibly diſſei • 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 reſuſe, to be ſubject to ſuch Fine as his Lordſhip ſhall think fi • .

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 Ill • 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 aff • 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 beha • 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 the • 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 m • ke any difference of perſons in conferring O • fices Rewards, or Favours proceeding from the Authority which his Lordſhip hath conferred on me as his Lietenant here, for or in reſp • ct • o • heir ſaid Religion reſpectiatly, but meerly as I ſhall find them faithful and wel-deſerving of his ſaid Lordſhip, and to the b • ſt of my underſtanding endowed with morall virtues and abilities fi •• ing for ſuch Offices, Rewards or Favour • 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 fini •• ſter end▪ whatſoever. And if any other Officer or perſons whatſoever ſhal during the time of my being his ſaid Lordſhips Li • vtenant here, without my conſent, or privity moleſt or diſturb any p • rſon within this province profeſſing to beleeve in J • 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 rel • 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 tro • b • 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 cauſ • the impreſſion in Wax of the ſaid Seal to be affix • d to all ſuch things as I have, or ſhal from time to time receive commiſſion or • arrant for▪ ſo doing from his ſaid 〈…〉 his hand and Seal at arms; and that it ſhall no • be • ffixed • o any othe • Writing, or thing whatſoever, directly o • indirectly with my privy conſent, or knowledg, 〈…〉 beſt endeavour carefully to preſerve the ſaid G • eat 〈◊〉 in my cuſtody ſo long as it ſhall pleaſe his ſaid Lordſhip to continue me in the charge, and keeping thereof, 〈◊〉 • nd that it may no • be loſt, ſtollen, or unlawfully taken from me; And 〈◊〉 by any other Perſon may 〈◊〉 the impreſſion thereof unto any Wri • ing▪ or thing whatſoe • er without Authority for • 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 grea • ▪ Seal into the hands of ſuch Perſon or Perſons as his ſa •• Lordſhip, or his Heirs ſhall appoent, when his, or their pleaſure for that purpoſe ſhall be ſignified to me under hi • , 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 Balt • more to be the true and abſolute Lord and Pro • itiary of this Province and Country of M •• yland, and the Islands ther • 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 a • y time by words or actions in publick or private, wittingly or willingly to the beſt of my underſtanding any way deroga •• fr • m; but w • ll at all tim •• as occaſion ſhall require to the uttermoſt 〈◊〉 my p • wer defend and maintaine all ſuch 〈◊〉 ſaid Lordſhips 〈…〉 , •• itle, Intereſt, Pr • viledges▪ an • 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 • he King of E • gland in his ſaid Lordſhips patent of the ſaid province under the Great • 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 〈◊〉 • 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, o • which ſhal tend my 〈◊〉 to the diſin • 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 Hereditant • within the ſaid Province of Maryland, or the Iſla • 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 • aid Lordſhip, or his ſaid Heirs legally paſſed or to be paſſed under his or their Great Seal of the ſaid pr • 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: • 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 power • 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 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 • 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 a • 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▪ • he appoints Laws for us, and ſets up Popiſh Officers over us, o • 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 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 a • 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.