Virginia and Maryland. OR, The Lord Baltamore's printed CASE, uncased and answered. Showing, the illegality of his Patent and usurpation of Royal Jurisdiction and Dominion there. With, The Injustice and Tyranny practised in the Government, against the Laws and Liberties of the English Nation, and the just Right and Interest of the Adventurers and Planters. Also, A short RELATION of the Papists late Rebellion against the Government of his Highness the Lord Protector, to which they were reduced by the Parliaments Commissioners; but since revolting, and by Lord Baltamore's instructions caused to assault the Protestants there in their Plantations, were by a far lesser number repulsed, some slain, and all the rest taken Prisoners. To which is added, A brief Account of the Commissioners proceedings in the reducing of Maryland, with the Grounds and Reason thereof; the Commission and Instructions by which they acted; the Report of the Committee of the Navy, concerning that Province; and some other Papers and Passages relating thereunto: together with the Copy of a Writing under the Lord Baltamore's Hand and Seal, 1644. discovering his Practices, with the King at Oxford against the Parliament, concerning the Londoners and others trading in Virginia. For the oppression of the poor, for the sighing of the needy, now will I arise, saith the Lord, I will set him in safety, from him that puffeth at him, Psal. 12. 5. London, printed, and are to be sold at the Crown in Popes-head-Ally, and in Westminster-Hall, 1655. Virginia and Maryland. OR, The Lord Baltimore's printed Case, uncased, and answered. IN the year 1607. divers preceding discoveries having confirmed an Opinion, That the Country of Virginia was fit for Plantation; It pleased God to affect the minds 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 privileges 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, than 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 years, appearing desperate in the several ill successes thereof. And though afterward somewhat advanced and prosperous, yet in the year 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 counsellors, 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 surrending 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, only 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 find a better form of Government for the country's 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 happened, 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 weltering in her blood, unsupplied with Ammunition and Arms in the heat of a difficult war with the Indians: the burden and charge whereof was only undergone by the remaining Planters, who thus forsaken by their former friends, were constrained both to work and fight for their lives and subsistence; 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 year 1633 Lord Baltamore pretending▪ though not truly, the greatest part of the Country was unplanted, procured that the aforesaid judgement so long delayed, was entered, 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 yearly; 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 groundwork, 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 years. And professing an establishment of the Romish Religion only, 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, trials and Warrants, in his name, Power and Dignity, and from him only: 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 Catholic Religion in the free exercise thereof; and all done by yearly 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 misinformed; 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 worthily 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 counsels, Letters to the Colony, and by general Proclamations there and here. That it were impious to think that either the than King or King James being rightly informed, would ever have gr●nted such a Patent as this of Maryland, it being near two third parts of the better Territory of Virginia; and as no way consistent with Equity, and the honour and public 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 ruin. A short and successive Narration of most of the aforesaid public Assurances, follows, viz. 1. BY an Order of the council the eighth of October, 1623. before the Quo Warranto brought to Arm the minds 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 council were informed▪ 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 council▪ their Lordships were pleased by an Order of the twentieth of October, 1623. to declare again, that there was no other intention, but only and merely 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 lordship's 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 council, 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 expressed in the Commission then sent to Sir Francis Wyatt, and the council 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 governors 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 only 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 council by their Letter dated the 24 of October, 1625. declare to the Colony, That the King's pleasure was to preserve every man's particular right, and the Planters to enjoy their former privileges; 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 lordship's command, was published in Virginia. But Captain Cleyborn who was thereupon employed by Commission from the governor, 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 privileges formerly granted to them. 8. And when the general Assembly, consisting of the governors, council, and Burgesses of the whole Colony complained to the Lords of the council, of the interruption of their Trade by the Lord Baltamore's Deputies their Lordships were pleased by their Letter July 22. 1634. to signify that the Plantation of Virginia should enjoy their Estates and Trade, with the same freedom and privilege 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 itself; yet in respect of both those King's Declarations, and the Lords Orders, the Adventurers and Planters of Virginia, as to their Rights and privileges, 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 truly 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, than 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, always 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 recompense them and their Heirs, as in Ireland, heretofore, and now is done. But this Interest by the Patent of the Lord Baltamore's comprehending near 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 truly 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 show 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 years 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 virtue of the King's instructions under the Broad Seal of England, with the expense of our Bloods and Estates, and exercised annual intercourse with them above eight and twenty years: 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 only 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 years 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 misinformation; 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 men's Interests and Rights are preserved, they being the first Discoverers of that Island, by virtue 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 than 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 increase the Trade and strength of shipping, and considerably the customs, 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 than his Commissions and Processes running in this stile, viz. We, us, and, Given under our hand & greater Seal of Arms, in such a year 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 itself, 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 supreme Authority only, 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 privileges as in the County-Palatine of Duresme, even those privileges of Duresme, and all the other County-Palatines of England, were, and are taken away as dishonourable, and incongruent to the English Nation, by the Statute of the 27 Hen. 8. 25. With what strange confidence than doth the Lord Baltamore publish to the world, That these Royalties and privileges 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 commonwealth 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 allegeth, 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 King's 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 King's Broad Seal, to surprise the Parliaments and London-ships in Virginia; and to impose Customs, raise Regiments, and fortify 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 King's 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 watched 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 employed 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 liberty of England: They saw not how they could decline this service, well knowing how contrary to those Commands, and the honour 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 harbours, whenas never any of them came at Maryland, nor within near 100 miles thereof, save only the Ginny frigate, who went thither to Reduce that Province; they knew his Governor had always bore affection to the King's side, that Charles the Second (as hath been said) was proclaimed there, that the council 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 council 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 displaces whom he will in that council: 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 governor's hand in his own Case, without any judgement of Court, to seize men's Goods into the Governors hands: His Governors are not suable for any just debts, and so they usually exercise their privileges, 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 knowledge or skill in Government, no not to the general Representative Assemblies. It would be infinite to rake in this dunghill; 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 council 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 truly set forth? And be established to Lord Baltamore, a professed Recusant, as his published Book intimates; who hath in effect made it a subject of his own domination and tyranny (being his main aim:) But to colour it, and the better to get friends, first made it a receptacle for Papists, and Priests, and Jesuits, 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 governors and Counsellors, dedicated to St. Ignatius, as they call him and▪ his chapel and holiday kept solemnly: The Protestants for the most time miserably disturbed in the exercise of their Religion, by many ways plainly enforced, or by subtle practices, 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 years, only 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 only discovered by Virginia, with continual Trade and abode of people there for above 20 years, by Commissions and Warrants in the King's Name, and was planted by Colonel Claiborn under Virginia Government, some years before ever the name of Maryland, or Lord Baltamore was ever heard of there; which himself knew, though he misinformed the King, and obtained his Patent upon pretence of Unplanted places only. But the many illegal Executions and murders of several persons at the Isle of Kent by the Lord Baltamore's commands and his Officers; the Imprisonments, Confiscations of many men's 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 than 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 runaway servants, and protecting fugitive persons and indebted, is not the least: But above all, it is easy 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 King's Court, both by placing and displacing the governors, Counsellors, and supreme Officers, as they stood affected or were displeasing to him. Mr. Bennet and Captain Claiborn being two of the Commissioners, that were employed 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 testify 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 governor or the council, 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 council 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 supreme Authority of England, should cause his Governor and council most falsely 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 only: 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 only by ●etters out of Virginia, admonished Captain Stone and that council 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 year since Lord Baltamore sends over Instructions and Commands to Captain Stone▪ and his new made council, 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 styles 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 commissioners, 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 only 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 ruin 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 reassumed 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 signify his further pleasure) will appear in a Declaration then and herewith published, together with the people's Petition, the Commissioners answer thereunto, and an Order for settling 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 cowardice 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 practice or mistake is not known▪ a subscription thereon to Captain Stone governor 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, only sought to Captain Stone to show 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 hay for St. Mary: but the Protestants commanded their men not to shoot upon pain of death, until some being slain by a volley 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 styles 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 publicly 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 extreme 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 only 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 council, who with their wives and children have not suffered a little for it; of which only 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 says, No interpretation shall be admitted thereof, by which God's holy and truly 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 enforce 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 show, 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 compliment. 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 entitled, An Act prohibiting trade with the Barbadoes, Virginia, Bermudas and Antego, hath committed to this council several powers therein expressed, for the settling, 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 jointly 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 frigate of the States, which of them you shall think fit, and wind 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 endeavours to reduce all the Plantations within the Bay of Chesopiack to their due obedience to the Parliament and the commonwealth of England. For which purpose, you, or any two or more of you, (Whereof 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 commonwealth; 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, shall think fit. And in case they shall not submit by fair ways, & means you are to use all acts of hostility that lies in your power to enforce them, and if you shall find the people so to stand out as that you can by no other ways 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 shall stand in opposition to the prelent Government of this commonwealth▪ 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 soldiers. You shall cause and see all the several Acts of parliament 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 engagement, and all of the● Acts therewith delivered to you. You or any two or more of you have full power to admi●ster an Oath to all the Inhabitants and planters there; to be true and faithful to the commonwealth 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 shall appoint for the better Regulating and governing affairs there; provided that nothing be ●cted contrary to the Government of the commonwealth of England, and the Laws established. You shall cause all Writs, Warrants, and other process 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 frigate is hereby empowered 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 entrusted, and that by your good endeavours it will have a good issue, so the Counsel will take the same into consideration, that respect may beh●d of your pains, and travel therein, and of a recompense agreeable to your service, when the same shall be completed, and work upon which you are employed shall be fi●●shed. Whitehal 26 Sept: 1651. Signed in the name, and by order of the council 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 parliament of the 31 Aug. 1652. whereby the 4. and part of the 7. and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Articles agreed on at James City for the surrendering, and settling 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 parliament. This Committee upon examination of the matter of fact, and upon hearing both parties, and their Counsel, do find, and humbly certify. 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 situate in that part of America called Virginia, from Capt. or point comfort all 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 soils &c. thereunto belonging to hold to them and their heirs for ever under the several reservations therein 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 enjoy a colony or parcel of ground in America then uncuitivated, and not inhabited by any save the Indians, there was by patent dated 20 June 8 Car. granted to the said Lord Baltemore all that parcel of La●d lying in the part of America from the sea on the East to the Bay of Chessaphia on the West, extending from Watkins point to Delowarr Bay, and from Delawar Bay to Potowmeck River, and so along to Watkins point, together with the Islands thereunto belonging, and by t●e said patent called the Province of Mariland. To hold the s●me in as ample manner as any Bishop of Durham, within the Bishohprick or County palatine of Durham in England, heretofor ever held or enjoyed, and to hold the lame in free and common so●●dg, as of the Castle of Windsor Reserving to the King, his Heirs, and successors saith, allegiance, and dominion, and two indian arrows yearly with the fifth part of all gold and silver O are 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 counsel 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 shall think fit &c. so as such Laws be consonant to reason and not repugnant, nor contrary, but as near 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 proviso 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 several differences arose between Capt. C●aiborns men, and the L. B planters, and capt. Clayborn continuing his trade, a vessel called the long-tail, was seized upon by the Marilanders, and and one Li●u enan●Warren (with some others whom he sent to rescue the said vessel) were killed by the Marilander in that attempt in Potomoke River. That the goods of M●Har●man, and others were all seized by the Lord Baltemores Agents, and at length after three years' suffering, captain Claiborn was forsibly dissei●d, and dispossessed 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 seizure, and confiscation of their Goods. It likewise appears unto this Committee upon perusal of the several parchments mentioned in the Order of parliament, that the L: B. hath constituted forms of Oaths, and enjoined the taking thereof by all persons as well 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 process 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 privy 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 customs 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 manor &c. That the Oaths hereafter mentioned must be taken by all that shall bear Office, or shall in habit, or come into the said province upon pain ofe being banished, and if they return, and refuse, to be subject to such Fine as his Lordship shall think fi●. The Oath of the lieutenant or chief Governor of the Province of Maryland. I A. B. do swear I will be true and faithful to the Right Honourable Cecilius, Lord Baron of Baltemore, the true and absolute Lord and Proprietary of this Province of Maryland, and his heirs, and him and them, and his and their Rights, royal Jurisdictions and signiory, all and every of them into or over the said Province and Ill●nds 〈◊〉 unto belonging. Will at all times Dfend and maintain 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 seal at arms of his said Lordship, or his heirs or assigns, Lords and Proprietaries of the said Province. I will faithfully serve his said Lordship, as lieutenant of the said Province, and in all other Offices committed to my Charge by his said lordship's Commission or Commissions to me, and will willingly yield up the said Commission and Commissions again, 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 heirs and assigns, or to such person or persons as he or they shall appoint, whensoever he or they shall appoint me so to do, and shall signify the same to me in writing under his or their hand and seal at arms. 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 heirs or assigns, 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 seal at arms, and that the said repeal be published in this Province. I will do equal Right and Justice to the poor and to the rich, within the said Province, to my best skill, judgement, and power, according to the laws 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 lordship's Commission or Commissions; I will not for fear favour or aff●ction, or any other cause let, hinder, or delay Justice to any but shall truly execute the said Office and Offices respectively according to his said lordship's 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 judgement. I will not know of any attempt against his said lordship's 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 shall serve faithfully counsel and advise his said Lordship according to my heart and conscience; And I do further swear I will not by myself, nor any other person directly, trouble molest, or discountenance any person whatsoever in the said province professing to believe in Jesus Christ, and in particular no Roman Catholic, 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 civil 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 merely as I shall find them faithful and well-deserving of his said Lordship, and to the b●st of my understanding endowed with moral 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 lordship's service here, and the public unity and good of the Province without partiality to any, or any other fini●●ster end▪ whatsoever. And if any other Officer or persons whatsoever shall during the time of my being his said lordship's Li●vtenant here, without my consent, or privity molest or disturb any p●rson within this province professing to believe in J●sus Christ merely 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 shall suffer in that kind, and to the utmost of my power will cause all and every such person or persons as shall molest or tro●b●e any other person or persons in that manner to be punishment▪ I will faithfully serve his Lordship as his chancellor▪ & Keeper of his great Seal of this Province committed to my charge and custody by his said lordship's Commission to me, to the best of my skill, and understanding I will caus● the impression in Wax of the said Seal to be affix●d to all such things as I have, or shall 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 knowledge, 〈…〉 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, stolen, 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 lordship's Hand and Seal 〈…〉, and that I will truly and faithfully deliver up again 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 heirs 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 public 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 maintain 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 the King of E●gland in his said lordship's 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 shall be intended against the person of his said Lordship, o● which shall 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 myself▪ 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 legal 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 faithful to the Right honourable 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 island hereunto belonging will as all times defend and maintain 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 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 administering and execution of Justice in all things to my power● to none will I delay or deny Right, for fear, favour, 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 lieutenant 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 council, and faithfully declare my mind and opinion therein, according to my heart and conscience: And if any of the said Treaties and council 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 judgement, 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 myself, 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 Catholic, 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, Jesuit, 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 accessary 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 lordship's 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 council, shall think fit. His Lordship suffers Dutch, French, or Italian Descents to plant, and enjoy equal privileges 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 shall 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 judgement and further direction of this honourable House. It hath been confessed by the Lord Baltamore, That one Captain Green his lieutenant-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 council of Maryland, being required by the Commissioners that were sent thither, to issue forth Writs in the Name of The Keepers of the liberty of England; they refused the same, saying, They could not do it without breach of their Trust and Oath. To the honourable, Richard Bennet, and Col. William Claibourn, Esquires, Commissioners of the commonwealth of England, for Virginia and Maryland. The Humble Petition of the Commissioners and Inhabitants of Severne, alias Ann Arundel County. Showeth, THat whereas we were invited and encouraged by Captain Stone, the Lord Baltamore's Governor of Maryland, to remove ourselves and Estates into this Province, with promise of enjoying the liberty of our Consciences in matter of Religion, and all other privileges of English Subjects; And your Petitioners did upon this ground, with great cost, labour, and danger, remove ourselves; 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 lieutenant forthwith to publish; which if we do not take within three months after publication, all our Lands are to be seized for his lordship's 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 commonwealth of England: Neither can we be persuaded 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 extreme penalties, can by his Lordship be exacted of us who are free Subjects of the commonwealth of England, and have taken the Engagement to them. We have Complained of this grievance to the late honourable council 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 commonwealth 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 pressed, 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, entreating your honours to relieve us according to the Cause & the power wherewith you are entrusted by the commonwealth of England: the rather, because upon such an exigent as this, we have none to fly to but yourselves the honourable 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 yourselves 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 housekeepers, and Freemen, Inhabitants. To the honourable Richard Bennet, and Colonel William Claibourn, Esquires, Commissioners for the commonwealth 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. Showeth, THat we being reduced by your honours from that Tyrannical power exercised over the people of this Province by the Lord Baltamore and his Agents, unto the Obedience of the commonwealth of England, to which Government we have Subjected and Engaged, and have by your honours been often enjoined real 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 acknowledge, 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 honours, 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 honour's endeavours, had been fully made Null and void; yet notwithstanding, by the Arbitrariness of his own will▪ the appoints Laws for us, and sets up Popish Officers over us, o●ting those Officers of Justice appointed by you; issuing forth Writs in his own name, contrary to your honour's 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 lordship's use: And if taken by us, we shall be engaged at his will to fight his battles, 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 commonwealth of England, and unsuitable 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 traitors 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 commonwealth 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 supreme Authority of England; which with all readiness we shall endeavour 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 suitable 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 housekeepers, and Freemen. An Answer to the Petitions lately Received from the Inhabitants of the Rivers of Severn and Patuxent. Gentlemen, We 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 commonwealth 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 commonwealth 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 commonwealth 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. A DECLARATION Published in MARYLAND. IT cannot be unknown to the Inhabitants of Maryland, that about two years since, this Province was Reduced and Settled under the Obedience of the commonwealth of England, by the Parliaments Commissioners sent thither with special Commission and Instructions to that purpose: And that Captain William Stone, Mr. Tho. Hatton, and others, reassuming the power and place of Governor and council here, undertook, and promised to continue in their said Obedience, and to issue out all Writs, Process, and proceedings in the Name of the Keepers of the Liberty of Engla●d, as was Commanded by the said Instructions, by which Maryland was Reduced; which said Commission and Instructions have been since renewed, and the proceedings of the said Commissioners owned by the Committee of the council of State, as by their Order and Report drawn up for the Parliament may appear, wherein the Lord Baltamore's Agents are taxed for refusing to issue out Writs in the Name of the Keepers of the Liberty of England. Notwithstanding all which appearing so clear and evident, The said Captain Stone, and Mr. Hatton, though they continued, and exercised the Government for some time, and for divers Courts, in the Name of the Keepers of the Liberty of England, yet have they since, upon no good ground, falsified their said trust and engagement, though acted publicly, and after long Advice and Consideration: And having rejected, and cast off their said Obedience to the commonwealth of England, have further refused to Govern this Province according to the Laws of England, but declare and assume a power and practise contrary thereunto, and contrary to the late Platform of Government of the commonwealth of England, Scotland, and Ireland, and the Dominions thereof; As namely, by the Governors Negative Voice in Assemblies, and his choosing and removing Counsellors at pleasure, and the like, is manifest. And whereas we have lately received Commands from his Highness the Lord Protector, to publish the said Platform of Government; and that all Writs and Proceedings should be issued in the Name of his Highness; to which, though we desire this Government should be conformable, yet the said Captain Stone, and Mr. Hatton, having lately Associated unto them divers Counsellors, all of the Romish Religion, and excluding others appointed by the Parliaments Commissioners, have, and do refuse to be obedient to the Constitutions thereof, and to the Lord Protector therein; And have in the name, and by special direction of the said Lord Baltamore, made Proclamation, and exacted an Oath of Fidelity from all the Inhabitants of the Province, contrary, and inconsistent to the said Platform of Government; which said Oath nevertheless, and the Law here commanding the same, and many other Laws, are likewise by the Report of the said Committee of the council of State, declared to be contrary to the Laws and Statutes of the English Nation; which is an express breach of his Patent. And whereas the said Oath, in many particulars, is distasted by all the Inhabitants of Maryland; and especially out of tenderness of Conscience by all Northern Plantations of Patuxent and Severne, who having lately engaged to the Parliament of England, do say, and declare, they cannot take the said Oath to the Lord Baltamore to be absolute Lord and Proprietary of Maryland, and to the utmost of their power, to defend and maintain all his Rights, and Royal Jurisdictions, Prerogatives, Dominion, &c. Upon which their refusal of the said Oath, the said Captain Stone, by the said Lord Baltamore's especial direction, hath set forth a Proclamation, declaring, That all such persons so refusing, shall be for ever debarred from any Right, or Claim to the Lands they now enjoy, and live on: And that the said Captain Stone, as his lordship's Governor, is thereby required to cause the said Lands to be entered, and seized upon, to his lordship's use. By which strange, and exorbitant proceedings, many great Cruelties and Mischiefs are likely to be committed, and many hundreds, with their Wives and Families, are utterly ruined, as hath been formerly done here, and at Kent. though Planted before the Lord Baltamore's Claim to Maryland; with many Murders, and illegal Executions of men, Confiscations of Estates and Goods, and great miseries sustained by Women and Orphans: In Consideration and just fear whereof▪ the said Planters of Patuxent and Severne, have made their often Addresses to us, as some of the than Commissioners for the Reducement of Maryland, and most lamentably Complain of the great Danger they stand in of being utterly undone, and chiefly for engaging their fidelity to the commonwealth and Parliament of England, now devolved to his Highness the Lord Protector; their Obedience, and Faith to both, being plainly repugnant to each other, and inconsistent. We therefore the Commissioners of the Parliament, having written and proposed to the said Captain Stone and that council, for a Meeting, to procure a right understanding in the matters aforesaid, and to prevent the great inconveniences likely to ensue; In Answer thereunto, though they acknowledge our Lines Peaceable, yet so exulcerated are their minds, that in the very next Line they add, We in plain terms say, We suppose you to be Wolves in sheep's clothing; with many other following like uncivil, and uncomely words, and expressions. In Contemplation therefore of all the Premises, we have thought fit for to make publication hereof, and to justify and manifest our proceedings in these Affairs, left many people may be ensnared by false and cunning suggestions and pre●ences, as lately hath been practised herein, the falsity whereof time hath sufficiently demonstrated; And we are ready to give further satisfaction for the truth of any of the particulars before alleged, if any shall desire it, or repair to us to that purpose, which they may securely do. Wherefore we advise, and in the Name of his Highness the Lord Protector, Require all the Inhabitants of this Province, to take notice of the Premises, and to contain, and keep themselves in their due obedience under his Highness the Lord Protector of England, Scotland, and Ireland, and the Dominions thereto belonging, of which, this is undoubtedly a part, and aught to be Governed accordingly; whereby they may assure themselves of the peaceable enjoyment of their Liberties profession of their Religion, and their Estates, and that they shall be protected from wrong and violence in what kind soever. Hereby also Protesting against the said Captain William Stone, Mr. Thomas Hatton, and all others any way Confederate, or Assistant with them in their unlawful practices, that they may be accountable, and answerable to God and the State of England under his Highness the Lord Protector, for all the mischiefs, damages, losses, and disorders that may, or shall happen thereby. Dated at Patuxent in Maryland the 15. of July, 1654. Richard Bennet. Will. Claiborne. Captain William Stone's RESIGNATION of the GOVERNMENT. Whereas since the Orders or Directions of the Commissioners of the State of England for the Government of this Province of Maryland, of the 28▪ of June, 1652. I William Stone Esquire, Governor of the said Province, was enjoined by the Direction, and Appointment of the Right honourable, the Lord Baltamore, Lord Proprietary of the said Province, to issue out all Writs, and Process, within this Province, in his the said Lord Proprietaries name, and to admit of those of the council which were appointed by his Lordship and no other: And whereas upon my Compliance with his lordship's Commands therein, not any ways contradictory, so far as I understand, to any Command from the supreme Authority in England; the said Commissioners, in pursuance of their Declarations lately here published, have threatened, and gone about by force of Arms to compel me to decline his, the said Lord Proprietaries, Directions and Commands before mentioned; which in regard of the trust reposed in me, by his said Lordship, as Governor here under him, I conceive I was engaged not to do; I have therefore thought fit, for prevention of the effusion of Blood, and ruin of the Country and Inhabitants, by an Hostile Contest upon this occasion, to lay down my Power as Governor of this Province under his Lordship; and do promise for the future, to submit to such Government as shall be set over us by the said Commissioners, in the Name, and under the Authority of his Highness the Lord Protector. Witness my Hand the 20. of July, 1654. In presence of William Stone. Thomas Gerrard. Thomas Hatton. Edm. Scarburgh. Order for settling the GOVERNMENT OF MARYLAND. Whereas by several Orders drawn up and Published at St. Mary's the 29. of March, and the 28. of June, 1652. Maryland was Reduced and settled under the Authority and Obedience of the commonwealth of England, as to the Government thereof, by special Order and Command of the council of State by Commission from the Parliament, and was left in the hands of Captain William Stone, Mr. Hatton, and others; who were required, and promised to issue out Writs and other Process in the Name of the Keepers of the Liberty of England, according to the express words of the Commission and Instructions for Reducing, Settling, and Governing of all the Plantations in the Bay of Chesapiak to the Obedience of the commonwealth of England, as in, and by the aforesaid Orders and Proclamations may, and doth appear: And whereas the aforesaid Captain Stone, by special Order and Directions from the Lord Baltamore as it appeareth, was persuaded, and induced to go away from his Obligation and the Trust reposed in him, By issuing forth Writs, and all other Process in the Name of the Lord Proprietary of this Province, placing and displacing those of the council, and imposing an Oath upon the Inhabitants, contrary unto, and inconsistent with the said Engagement and Oath to the commonwealth of England, upon the Penalty and Forfeiture of the Lands of all such as should Refuse to take the same within three Months after publication thereof, which were then to be entered upon, and Seized to his lordship's use; thereby occasioning great discontent and disturbance among the Inhabitants, besides the Irregularity and Cruelty of the said proceedings, and the Opposition, Contempt▪ and Rebellion therein to the commonwealth of England, and his Highness the Lord Protector. And further, whereas by a late Proclamation, dated the 4th. of this Month, published in this Province, both the Commissioners of State, and the people who adhered to their engagement to the commonwealth of England, and refused to own, or acknowledge any other Name or Authority, as to Government, or to take any other Oath but what they had already taken to that power, were charged, That they drew away the people, and led them into Faction, Sedition, and Rebellion against the Lord Baltamore; whereby not only the Lands and Plantations of many hundreds of people, but also their Estates and Lives were liable to be taken away at the pleasure of the aforesaid Lord Baltamore and his Officers: By all which unjust and unreasonable proceedings, the people were put upon a necessity of standing upon their own defence, for the Vindication of their just Rights and Liberties, and freeing themselves from those great Oppressions, whereby the whole Province was very much threatened, and apparently endangered. For the prevention whereof, as also for the Relief of those who were so deeply distressed, and for the Settlement of the Province in peace, and in their due Obedience under his Highness, The said Commissioners by Authority derived unto them from his Highness the Lord Protector, applied themselves unto Captain William Stone the Governor, and the council of Maryland, according to a Declaration of the 15 of this Month, herewith published, who returning only opprobrious, and uncivil language, presently mustered his whole power of men and soldiers in Arms, intending to surprise the said Commissioners, and as could be imagined, to destroy all those that had refused the said unlawful Oath, and only kept themselves in their due obedience to the commonwealth of England, under which they were Reduced and Settled by the Parliaments Authority and Commission as aforesaid; Then the said Commissioners in peaceable and quiet manner, with some of the people of Patuxent and Severne, went over the River of Patuxe●t, and there at length received a Message from Capt. Stone, That the next day they would meet and treat in the Woods; and thereupon being in some fear of a party to come from Virginia, he condescended to lay down his power lately assumed from the Lord Baltamore, and to submit (as he had once before done) to such Government as the Commissioners should appoint under his Highness the Lord Protector. It is therefore Ordered and Declared by the said Commissioners, That for Conservation of the Peace and public administration of Justice within the said Province of Maryland, Captain William Fuller, Mr. Richard Preston, Mr. William Durand, Mr. Edward Lloyd, Captain John Smith, Mr. Leonard Strong, Mr. Lawson, Mr. John Hatch, Mr. Richard Wells, and Mr. Richard Ewen, or any Four of them, whereof Captain William Fuller, Mr. Richard Preston, or Mr. William Durand to be always one, to be Commissioners for the well Ordering, Directing, and Governing the Affairs of Maryland, under his Highness the Lord Protector of England, Scotland, and Ireland, and the Dominions thereof, and in his Name only, and no other; and to proceed therein as they shall see cause, and as near as may be, according to the Laws of England: To appoint and hold Courts for the due administration of Justice and Right in such places, and at such times as they shall think fit and necessary: And any of the Commissioners of the Quorum, to issue forth Writs, Warrants▪ subpoenas, &c. As also that they Summon an Assembly to begin on the 20th. day of October next; For which Assembly all such shall be disabled to give any Vote, or to be Elected Members thereof, as have born Arms in War against the Parliament, or do profess the Roman Catholic Religion. And the said Mr. William Durand is hereby appointed to he Secretary to the said Commissioners, and to receive the Records from Mr. Thomas Hatton; And Captain John Smith to be Sheriff for this ensuing year. Dated at Patuxent, in the Province of Maryland, the 22 of July, 1654. Richard Bennet. William Claiborne. CEcilius, Lord Baltamore, To all to whom these Presents shall come, Greeting. Whereas our Sovereign Lord the King, by His highness' Commission under the Great Seal of England, bearing date at Oxford the 28 day of February now last past, Hath authorized Leonard Calvert Esquire, Brother of me the said Lord Baltamore, to Treat, Conclude, and Agree at, and with the General Assembly of the Colony of Virginia, for, and concerning the Ascertaining and Establishing by Act of General Assembly there, of Customs and Duties to be paid to His Majesty, His Heirs, and Successors in Virginia, upon Exportation of Tobacco, and other Goods and Merchandizes from thence, and upon all other Goods and Merchandizes brought in and imported there, other than for necessary supply for Clothing imported, as by the said Commission more at large appeareth: And whereas by a Contract or Agreement in Writing, bearing date the day of the date of the said Commission, made between our Sovereign Lord the King, of the one party; and me, the said Lord Baltamore, on the other party, Reciting the said Commission herein before recited; our said Sovereign Lord the King, for the considerations in the said Contract or Agreement expressed, Is pleased, and hath agreed with me the said Lord Baltamore, that in case a certainty of Customs and Duties shall be Established by Act of General Assembly of the said Colony of Virginia, according to the tenor of the said Commission, That then His said Majesty will make a Lease or Grant to me, and such others as I shall desire to be joined with me, of the same Customs and Duties which shall be established as aforesaid, for such term, and under such Rents and Covenants as in the same Contract or Agreement, are expressed; And that immediately after the Establishing of the said Customs and Duties as aforesaid, and until such Lease or Grant shall be made as aforesaid, I the said Lord Baltamore, and such as I shall appoint, shall be the Receiver or Receivers, Collector or Collectors of all such Customs and Duties as shall be established as aforesaid, to the proper use of me the said Lord Baltamore, my Executors, Administrators, and Assigns, without account; paying certain Rents, Salaries, and Entertainments in the said Contract or Agreement expressed and mentioned. And His Majesty hath by the same Contract or Agreement, Constituted and Ordained me, the said Lord Baltamore, and my Deputy or Deputies, to be appointed by me, to be his Collector and Receiver of all Customs and Duties which shall become due and payable to His Majesty, as aforesaid, as by that part of the said Contract or Agreement which is remaining with me the said Lord Baltamore, being under the Great Seal of England, more at large appeareth: Knowye now, That I the said Lord Baltamore, for divers good Causes and Considerations me thereunto moving, Have substituted, ordained, made, and appointed; And by these Presents do Substitute, Ordain, Make, and Appoint to be my Deputy in this behalf, and do by force and virtue of the same Contract or Agreement, Authorize and put the said in my place and stead, and to the use of me, my Heirs, Executors, Administrators, and Assigns, to Receive, Collect, and Gather all such Customs and Duties whatsoever, as in pursuance of the before recited Commission, and Contract, or Agreement shall be established to be paid to his Majesty, his Heirs and Successors in Virginia aforesaid, by Act of General Assembly of the said Colony, and out of the same, to pay, and discharge all such Rents, Salaries, and Entertainments, as by the said Contract or Agreement are mentioned to be by me paid and discharged; rendering to me my Executors, Administrators, and Assigns, the Overplus or Remainder of the same Customs and Duties: Giving, and hereby Granting unto the said as full Power and Authority to recover, and receive the said Customs and Duties to be Established as aforesaid, to the use aforesaid, when the same shall grow due; and to give Acquittances and Receipts for the same, and to Substitute and Appoint one or more Person or Persons under him in this behalf, and the same to re●●ke at his will and pleasure, and to pay and discharge the said Salaries and Entertainments, as I myself have, or may, or might claim to have by force and virtue of the said Contract or Agre●ment; And further, to do, execute, and finish all and every such further, and other Acts and things with shall be expedient and necessary to be done by the said touching the Premises by reason of his being my Deputy as aforesaid, as effectually as I might do the same being personally present: Ratifying, Confirming, and Allowing all, and whatsoever the said shall do, or cause to be done in the Premises in pursuance hereof. In witness whereof I the said Lord Baltamore have hereunto put my Hand and Seal at Arms, the tenth day of April; 1644. Annoque Regis Carols Angl. &c. vicessimo. C. Baltamore. FINIS.