THE LORD BALTEMORE'S CASE, Concerning the Province of Maryland, adjoining to Virginia in AMERICA. With full and clear Answers to all material Objections, touching his Rights, Jurisdiction, and Proceedings there. And certain Reasons of State, why the Parliament should not impeach the same. Unto which is also annexed, a true Copy of a Commission from the late King's Eldest Son, to Mr. William Davenant, to dispossess the Lord Baltemore of the said Province, because of his adherence to this commonwealth.  
LONDON, Printed in the year, 1653.   

THE LORD BALTEMORE'S CASE, Concerning the Province of Maryland joining to Virginia in America, &c.  
IN 1632. the Lord Baltemore had a Patent granted to him and his heirs, of the said Province of Maryland, with divers privileges and jurisdictions for the Government thereof, the better to encourage him to settle a Colony of English there, whereby to prevent the Dutch and Swedes from encroaching any nearer to Virginia, Maryland being between Virginia, and the Dutch and Swedes Plantation on that Continent, and New-England beyond them, to the Northward.  
The Lord Baltemore hereupon in 1633 sent two of his own brothers with above 200 people to begin and seat a Plantation there; wherein, and in the prosecution of the said Plantation, ever since, he and his friends have disbursed above 40000 l. whereof 20000 l. at least, was out of his own purse, and his said two brothers died there in the prosecution thereof.  
In Septem. 1651. when the council of State sent Commissioners from hence, to wit, captain Dennis, Captain Steg, and Captain Curtes, to reduce Virginia to the obedience of the Parliament, Maryland was at first inserted in their Instructions to be reduced as well as Virginia, but the council being afterwards satisfied that that Plantation was never in opposition to the Parliament, that Captain Stone, the Lord Baltemore's Deputy there, was generally known to have been always zealously affected to the Parliament, and that divers of the Parliaments friends were, by the Lord Baltemore's special direction, received into Maryland, and well treated there, when they were fain 〈◊〉 ●●●ve Virginia for their good affection to the Parliament; then the council thought it not fit at all to disturb that Plantation, and therefore caused Maryland to be struck out of the said Instructions, which was twice done, it being by some mistake or other put in a second time.  
In this expedition to Virginia, Captain Dennis and Captain Stegg, the two chief Commissioners, were cast away, outward bound in the admiral of that Fleet, which was sent from hence upon that service, and with them the original Commission for that service was lost.  
But Cap. Curtes having a copy of the said Commission and Instructions with him in another ship, arrived safe in Virginia, and there being also nominated in the said Commission two other persons resident in Virginia, to wit, Cap. Bennet, and Cap. Cleyborn (known and declared enemies of the L. Baltemore's) they, together with Cap. Curtes, proceeded to the reducement of Virginia, which was effected accordingly upon Articles, among which one was; That the Virginians should enjoy the ancient bounds and limits of Virginia, and that they should seek a Charter from the Parliament to that purpose.  
In the reducement of Virginia, Captain Stone (the L. Baltemore's Deputy of Maryland) sent to the Commissioners at the first arrival of the Fleet in Virginia, to offer them all the assistance he could, and did actually assist them therein, with provision of victual, and other necessaries, as will be testified (if need be) by Mr. Edward Gibbons major-general of New-England, and divers others who were then there, and eye-witnesses of it, and are now here.  
Notwithstanding which, the said Commissioners, after Virginia was reduced, went to Maryland, and upon pretence of a certain clause (which it seems was by some means or other, put into their Instructions, after Maryland was struck out as aforesaid) to wit, that they should reduce all the Plantations▪ in the Bay of Cheseapeack to the obedience of the Parliament, and some part of Maryland, where the L. Baltemore's chief Colony there is seated, being within that Bay, as well as most of the Plantations of Virginia are; they required captain Stone, and the rest of the Lord Baltemore's Officers there, first to take the engagement, which they all readily subscribed, and declared, that they did in all humility submit themselves to the Government of the Commonwealth of England in chief under God; then the Commissioners required them to issue out Writs and process out of the L. Baltemore's Courts there in the name of the Keepers of the Liberty of England, and not in the name of the Lord Proprietary, as they were wont to do, wherein they desired to be excused; because they did not conceive the Parliament intended to divest the Lord Baltemore of his right there, and that they understood out of England that the council of State intended not that any alteration should be made in Maryland. That the King's name was never used heretofore in the said Writs, but that they had always been in the name of the Lord Proprietary, according to the privileges of his Patent, ever since the beginning of that Plantation; that the late Act in England for changing of the forms of writs declared only, that in such Writs and Process wherein the King's name was formerly used, the Keepers of the Liberty of England, should for the future be put in stead thereof: that the continuing of the Writs in the Lord Proprietaries name, was essential 〈◊〉 his Interest there, and that therefore they could not without breach of trust, concur to any such alteration; whereupon the Commissioners demanded of Captain Stone the Lord Baltemore's Commission to him, which he delivered, and then without any other cause at all, they removed the said Captain Stone, and the Lord Baltemore's other Officers out of their employment there under him, and appointed others to manage the government of that Plantation, till the pleasure of the council of State and Parliament should be further known therein; seized upon all the Records of the Place, and sent divers of them hither into England, all which they did without any opposition at all from Cap. Stone, or any other of the Lord Baltemore's Officers, in regard of their respect and reverence to the Commissioners of the Parliament.  
The Colony of Virginia, not long after, sent one colonel Mathews hither into England to get their Articles confirmed by the Parliament, which were read in the House on the 31. August 1652. Upon the reading whereof a Petition of the Lord Baltimores, and of about twenty more considerable Protestant Adventurers and Planters to and in Maryland, who are known by divers Members of the House to have been well affected always to the Parliament, and who signed the said Petition, was also read; whereby it was humbly desired that before the House passe● that Article concerning the old limits of Virginia, the said Petitioners might be heard by their council, in regard Maryland was long since esteemed part of Virginia, and therefore they were concerned in that Article; and they further humbly desired in the said Petition, that the Lord Baltemore's Officers might be restored to their places in Maryland under him, & that the Petitioners might quietly enjoy the privileges of the said Patent of Maryland, upon confidence whereof, they had Adventured so much of their fortunes thither as aforesaid.  
Whereupon divers Parchments under the Lord Baltemore's hand and seal, which were sent out of Maryland, by the said Capt. Bennet, and Capt. Cleyborn, were at that time produced to the House by a Member thereof, who it seems conceived that there would appear something in them, whereby the Lord Baltemore had forfeited his said Patent, or at least that his Authority in Maryland was not fit to be allowed of by the Parliament.  
The House on the 31. August 1652. referred the said Article concerning the old Limits of Virginia, to the Committee of the Navy to consider what Patent was fit to be granted to the Inhabitants of Virginia, and to hear all Parties, and consider of their particular Claims, and report the same, with their Opinions to the Parliament, and the said Parchments delivered in concerning Maryland, were also referred to the same Committee.  
The Lord Baltemore accordingly made his claim before the said Committee, unto whom he delivered a true Copy of his said Patent, and desired therefore that the Patent which the Virginians were Suitors for, might not extend to any part of Maryland, it being made appear to the said Committee, that that Province had not been for these 20 years' last passed accounted any part of Virginia, and that the Virginians had neither possession of any part thereof, at the time of the making of the said Articles, nor for 20 years before, nor that the present Inhabitants of Virginia had ever at all any right unto it.  
Then, upon the suggestion of a Member of that Committee, certain Exceptions against the Lord Baltimores Patent, and his Proceedings thereupon in Maryland, were shortly after presented in writing to the said Committee, unto which the Lord Baltemore put in his Answer also in writing, which was read, and the Committee upon debate thereof (it seems) thought not fit to deliver any Opinion in the business, but Ordered, that the whole matter of fact should be stated by a Sub-Committee, and reported first to the said Grand Committee, and afterwards to the House.  
The Exceptions aforesaid were many, but the substance of them are reduceable to these heads following, which are set down by way of Objections, with Answers to them.  
1. Object. A pretended injury done to the Virginians by the said Patent, in regard Maryland was heretofore part of Virginia.  
Answ. The present Inhabitants of Virginia had never any right to Maryland, no more than to New-England, which was part of that Country heretofore called Virginia, as well as Maryland, but distinguished and separated afterwards from it by a Patent as Maryland was. There was indeed a Patent heretofore granted by King James in the 7. year of his reign of a great part of that northern Continent of America, which was then called Virginia, to divers Lords and Gentlemen here in England, who were by that Patent erected into a Corporation, by the name of the Virginia Company, in which tract of land granted to the said Company, that Country which is now called Maryland, was included, but that Patent was Legally evicted by a Quoranto in the then King's Bench, in 21. year of the said King James, 8. or 9 years before the Patent of Maryland was granted to the L. Baltemore; which Company or Corporation the Inhabitants of Virginia desire not now to revive, by virtue of their Articles abovementioned, but abhor the memory of it, in regard of the great oppression and slavery they lived in under it, when it was on foot, so as they never having had any Patent, right, or possession of the said Province of Maryland, there could be no injury done to them by the Lord Baltemore's said Patent, after the eviction of the said Virginia Companies Patent thereof. For it was as free in the late King's power to grant any part of that Continent not possessed before by any legal grant then in force from the Crown of England (which Maryland was not, at the time of the Lord Baltemore's Patent thereof) as it was for King James to grant the aforesaid Country to the said Virginia Company.  
2. Object. A pretended wrong done by the Lord Baltemore to the above mentioned Capt. Cleyborn, in dispossessing him of an Island in the said Province, called the Isle of Kent.  
2. Answer. It was a business above 14. years since, upon a full hearing of both parties, then present, decided by the than Lords Commissioners for foreign Plantations, against the said Capr. Cleyborn and his Partners, Mr. Maurice Thomson and others, and the said Capt. Cleyborn hath himself also by divers Letters of his to the Lord Baltemore, acknowledged the great wrong he did him therein; which Letters were proved at the Committee of the Navy, and are now remaining with that Committee: wherefore the Lord Baltemore humbly conceives, that against the said Capt. Cleyborns own acknowledgement, and a Determination so long since of that business, and above 14 years quiet possession in the Lord Baltemore of the said Island, the Parliament will not think fit upon a private controversy of meum and tuum, between him and the said Cleyborne, to impeach his Patent of the said Province, or his right to the said Island, but leave both parties to their legal remedy.  
3. Object. That the said Patent constitutes an hereditary Monarchy in Maryland, which is supposed, by some, to be inconsistent with this Common-wealth.  
3. Answ. The Jurisdiction & stile which the Lord Baltemore useth in Maryland, is no other than what is warranted by his Patent (as may appear by his answer at the committee of the Navy to the Exceptions above mentioned, and by perusal of the said Patent) and that is only in the nature of a County Palatine, subordinate, and dependent on the supreme Authority of England; for by the Patent, the sovereign Dominion, Allegiance, the fift part of all Gold & Silver oar, which shall happen to be found there, and several other Duties are reserved to the late King, his heirs, and Successors, who are now the Parliament of this commonwealth: and although it be true, that a monarchical Government here which should have any power over this commonwealth, would not be consistent with it, yet certainly any Monarchical Government in foreign parts which is subordinate to, & dependent on, this Commonwealth, may be consistent with it, as well as divers Kings under that famous commonwealth of the Romans heretofore were, insomuch as they thought it convenient and fit to constitute divers Kings under them. All Lords of manors or Liberties here in England may, in some kind, be as well accounted monarchs within their several manors and Liberties as the Lord Baltemore in Maryland; for Writs issue, at this day, in their names out of their Courts within their respective manors and Liberties, and not in the name of the Keepers of the liberty of England; oaths of Fealty are taken to them by their Tenants, and they have great Royalties and Jurisdictions, some more than others, and some as great in proportion, within their said manors and Liberties, as the Lord Baltemore hath in Maryland, except the power of making laws touching life and Estate, power of pardoning, and some few others of lesser concernment, which although they may not be convenient for any one man to have in England, yet are they necessary for any (whether one man or a Company) that undertakes a Plantation, in so remote and wild a place as Mariland, to have them there; especially with such limitations as are in the Lord Baltemore's Patent; to wit, that the Laws be made with the consent of the Freemen of the said Province, or the major part of them, or their Deputies, and that they be consonant to reason, and be not repugnant or contrary, but, as near as conveniently may be, agreeable to the Laws of England; which limitations the Lord Baltemore hath not exceeded, as may appear by his Answer to the Committee of the Navy to the Exceptions above mentioned: and although it be not fit that any one Person should have a negative voice here in the making of laws, yet certainly, as no Company, so no single man, that is well in his wits, will be so indiscreet, as to undertake a Plantation at so vast an expense as the Lord Baltemore hath, if after all his charge, pains, and hazards, which are infinite in such a business, such necessitous factious people as usually new Plantations consist of, for the most part, and went thither at his charge, or by contract or agreement with him, should have power to make laws to dispose of him, and all his estate there, without his consent, and he be left without remedy: for before the supreme Authority here, upon any appeal to it, will probably be at leisure from business of greater consequence, or perhaps have convenient means to relieve him, he may be ruined and destroyed: such chargeable and hazardous things as Plantations are, will not be undertaken by any, whether it be a Company or a single man, without as great encouragements of privileges as are in the Lo. Baltemore's Patent of Maryland; and if it be not any prejudice, as certainly it is not, but advantageous to the interest and honour of this commonwealth, that an English man (although a Recusant, for the Lord Baltemore knows of no laws here against Recusants which reach into America) should possess some part of that great Continent of America with the privileges and jurisdictions aforesaid dependent on, and subordinate to it, than the Indian Kings or foreigners (as the Dutch & Swedes afore mentioned) who have no dependency on it, as certainly it is, than he hopes the Parliament will not think it inconsistent with this Common-wealth, but just that he should enjoy the Rights and privileges of his Patent, upon confidence whereof, he and his friends have adventured the greatest part of their fortunes for the honour of this Nation, as well as their own particular advantage; especially seeing no other person hath any wrong done him therein, for none are compelled to go to Maryland, or to stay there, but know beforehand upon what terms they are to be in that place; and the English Inhabitants of that Province are so well pleased with the Government constituted there by the said Patent, as that, by general consent of the Protestants, as well as Roman Catholics, it is established by a Law there, as well as freedom of Conscience and exercise of Religion within that Province is, to all that profess to believe in Jesus Christ, as appears by the Laws of that Province now in the hands of the said Committee of the Navy, which makes it evident that a Petition lately read at that Committee, with ten unknown hands to it, in the name of the Inhabitants of Maryland, against the Lord Baltemore's said Patent, is either wholly fictitious, or else signed by some few obscure factious fellows, which is easy to be procured by any ill affected person, against any Government whatsoever.  
4. Object. That the Lord Baltemore gave his assent to certain laws for Maryland in 1650. in one of which laws the late King Charles is styled the late high and mighty Prince Charles the first of that name K. of England, &c. And in another of the said laws it is Enacted, That the L. Baltemore shall have 10s. a hogshead for all Tobacco's shipped from Maryland in any Dutch vessel, & bound for any other Port than his Majesties, whereby some would infer, that he did acknowledge a Charles the second to be King, &c. for that the word first, in one Law inferred a second, and by the word Majesty, in the other Law, the Lord Baltemore must mean the late King's eldest son, for the late King Charles was dead, when the Lord Baltemore assented to that Law, to wit, in August 1650.  
4 Answ. To this is answered, that although those laws were assented unto by the Lord Baltemore in August 1650. yet it appears by his said Declaration of assent, that some of them were enacted in Maryland by the Assembly there, in April 1649. whereof that Law was one, wherein those words, to wit, any other Ports than his Majesties, are inserted (as was proved to the said Committee of the Navy) at which time, the people in Maryland could not know of the late King's death, which was but in January then next before; for in February, March, and April, ships usually return from those parts, and in September, October, and November, go thither; so as the Assembly in Maryland could mean nobody by that word Majesty, but the late King, and the L. Baltemore could have no other meaning but what the Assembly had, for he did but assent to what they had done, and was before enacted, as aforesaid: as to the other law, wherein those other words are inserted, to wit, the late high and mighty Prince Charles, the first of that name, &c. it was one of those Laws which were passed by the Assembly in Maryland, in April 1650. when the people there knew of the late King's death; to wit, a year after the other law abovementioned, with divers others, which were enacted in April, 1649. as aforesaid, though in the ingrossement of them all here, (when the Lord Baltemore gave his assent to them altogether in August, 1650.) it is written before it, because they were transposed here in such order, as the Lord Baltemore thought fit, according to the nature, and more or less importance of them, placing the Act concerning Religion first, &c. And as to those words, the first of that name, &c. the word first, doth not necessarily imply a second, as some infer upon it, no more than when the first born of thy sons were commanded to be given to God, did imply a second, which was performed, though there were never a second; the word first, hath relation to the time past, and not to the time to come; King James is styled in History, James the first of that name, King, &c. though there were never a second of that name King of England, &c. and it is usually written and said, that a King died in the first year of his reign, when he lived not to enter into a second, the like whereof may be made out by many other instances; and as the L. Baltemore is confident the Assembly in Maryland had no intention by those words, Charles the first, &c. to infer a second King of that name, no more had he, in his assent to that Law, any such thought or meaning; and the comportment of him and his Officers in Maryland abovementioned, towards the Parliament, and their friends, doth sufficiently confirm it.  
Among other privileges granted to the L. Baltemor e, and the Inhabitants of Maryland, by his said Patent, one is, (by an express clause therein inserted) that the said Province should not from thence forward be, or be reputed any part of Virginia, or be dependent or subject to their Government in any thing, (although the Government of Virginia was then immediately in the King's hands) but was, by the said Patent, (in express words) separated from it, and so it hath been ever since, which was one of the chiefest encouragements, upon confidence whereof, the L. Baltemore, and others, adventured so great a part of their estates thither as aforesaid; for it was the privileges and immunities, and not the land only, granted by the said Patent, which did chiefly induce the Lord Baltemore to make so great an Adventure, without which he would not certainly, upon the conditions of a common Planter, have disbursed any thing upon a Plantation in America: Wherefore he hopes the Parliament will not think it just, or fit, to deprive him, and the Inhabitants of Maryland of so important a privilege, (which is their inheritance, and dearly purchased by them) by putting them now under the Government of Virginia, upon colour of any Articles agreed on, when the Virginians were declared enemies of this Commonwealth, and the rather, because even in point of policy also, (as is humbly conceived) for certain Reasons of State hereunto annexed, it will be more advantageous to the honour and interest of this Commonwealth, to keep those two Governments still divided, and to preserve and protect the Lord Baltemore's rights and privileges aforesaid in Maryland, then to destroy either of them.   

Reasons of State, concerning Maryland in America.  
1. FIrst, It is much better to keep that Government still divided from Virginia (as it hath been for these twenty years' last past,) then to unite them; for, by that means, this commonwealth will have the more power over both, by making one an Instrument (as occasion shall require) to keep the other in its due obedience to this commonwealth.  
2. Secondly, in case any defection should happen in either Colony (as lately was in Virginia) the other may be a place of refuge for such as shall continue faithful to this commonwealth, as Maryland lately was, upon that occasion, which it could not have been, in case the Government of that place had been, at that time, united unto, or had had any dependence on Virginia.  
3. Thirdly, it will cause an emulation in both, which of them shall give the better account of their proceedings to the Supreme Authority of this commonwealth, on which they both depend, and also which of them shall give better satisfaction to the Planters and Adventurers of both.  
4. Fourthly, the Lord Baltemore having an estate, and his residence in England, this Commonwealth will have a better assurance of the due obedience of that Plantation, and the Planters and Adventurers thither, of having right done unto them, in case the Government thereof have still a dependence on him, and he upon this Commonwealth, (as he had before on the late King) then if the Government of that place at so remote a distance, should be disposed of into other hands who had little or nothing here to be responsible for it, and whose interest and residence were wholly there.  
5. Fifthly, by the continuance of his Interest in the Government thereof, this Commonwealth and the people there, are eased of the charge of a Deputy governor; which he, at his own charges, maintains, the Inhabitants there being yet so poor, (and so like to be for many years) as they are not able to contribute any thing towards it.  
6. Sixthly, if the L. Baltemore should, by this Commonwealth, be prejudiced in any of the rights or privileges of his Patent of that Province, it would be a great discouragement to others in foreign Plantations▪ upon any exigency, to adhere to the interest of this Commonwealth, because it is notoriously known, that, by his express direction, his Officers and the people there, did adhere to the interest of this Commonwealth, when all other English Plantations (except New-England) declared against the Parliament, and at that time received their friends in time of distress, for which he was like divers times to be deprived of his Interest there, by the Colony of Virginia, and others, who had Commission from the late King's eldest son for that purpose, as appears by a Commission granted by him to Sir William Davenant, the Original whereof remains with the council of State, and a true Copy thereof is hereunto annexed.   

A true Copy of a Commission, from the late King's eldest son, to Mr. William Davenant, concerning Maryland, the original whereof remains with the council of State.  
CHARLES R.  
CHARLES, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our Trusty and Well-beloved Sir William Davenant, Knight, and to all others, to whom these presents shall come, greeting:  
whereas the Lord Baltemore, Proprietary of the Province and Plantations of Maryland in America, doth visibly adhere to the rebels of England, and admit all kind of schismatics, and Sectaries, and other ill-affected persons, into the said Plantations of Maryland, so that we have cause to apprehend very great prejudice to Our Service thereby, and very great danger to Our Plantations in Virginia, who have carried themselves with so much Loyalty and Fidelity, to the King Our Father, of blessed memory, and to Us; Know ye therefore, That we, reposing special trust and confidence in the courage, conduct, loyalty, and good affection to Us, of you Sir William Davenant, and for prevention of the danger and inconveniences abovementioned, do by these presents, nominate, constitute, and appoint you Our lieutenant governor of the said Province, or Plantations of Maryland, with all Forts, Castles, Plantations, Ports, and other Strengths thereunto belonging; to have, hold, exercise, and enjoy the said place and command of Our lieutenant governor of Maryland, during Our pleasure, with all Rights, privileges, Profits, and Allowances any ways appertaining, or belonging to the same: And although we intend not hereby to prejudice the right of the Proprietary in the soil, but have, for Our Security, thought fit to intrust you, during these troubles; 
* This clause includes soil and all.  we notwithstanding give you full Power and Authority to do all things in the said Plantations, which shall be necessary for Our Service, and for securing them in their Loyalty, and Obedience to Us, and prevention of all dangers that may arise from thence to Our loyal Plantations of Virginia: Further, requiring and commanding you to hold due correspondence with Our Trusty and Well-beloved Sir▪ William Berkley, Knight, Our governor of the said Plantations of Virginia, and to comply with him in all things necessary for Our Service, and the mutual good of both Plantations, requiring and commanding hereby all Officers, and Ministers, and all other Our Subjects whatsoever of the said plantations of Maryland, to admit and seceive you Our said lieutenant governor, according to this Our Commission, and to obey and pursue your Order in all things, according to the Authority we have given you; and likewise requiring and commanding Our governor and counsel of Virginia, and likewise all other Our▪ loving Subjects of Virginia, to be aiding and assisting to you, not only to the settling and establishing of your Authority, as Our lieutenant governor of Maryland, but also in all such helps and assistances, as may be necessary for your preservation there, and for the mutual good of both Plantations, as aforesaid.  
Given at Our Court in Jersey, the 16/●● day of February, 1650/49 in the second year of Our reign.