A just and clear REFUTATION of a false and scandalous Pamphlet, Entitled, Babylon's fall in Maryland, etc. AND, A true Discovery of certain strange and inhuman proceed of some ungrateful people in Maryland, towards those who formerly preserved them in time of their greatest distress. To which is added a Law in Maryland concerning Religion, and a Declaration concerning the same. By John Langford Gentleman, Servant to the Lord BALTEMORE. He that is first in his own cause seemeth just, but his neighbour cometh and searcheth him. Prov. 18.17. Whose hatred is covered by deceit, his wickedness shall be showed before the whole Congregation. Prov. 26, 26. London, Printed for the Author. 1655. A just and clear refutation of a false and scandalous Pamphlet, etc. HAving lately met with a Pamphlet, entitled, Babylon's Fall in Maryland, etc. which lays many false and scandalous aspersions upon the Lord Baltemore, his Government, and Officers in Maryland, put forth by one Leonard Strong and attested by William Durand, pretending to be Secretary of that Province, It was thought fit in regard I have been acquainted with, and employed by my Lord Baltemore in his affairs relating to that Province, both here and there, for above twenty years' last passed, That I should publish this brief Refutation thereof, to undeceive such as may be deluded by it. Captain Stone (who is well known to be a zealous and well affected Protestant) being Governor of Maryland under the Lord Baltemore, did receive and protect in Maryland those people and their families mentioned by Mr. Strong when they were distressed in Virginia, under Sir William Berkley, among whom it is to be noted that Mr. Richard Bennet (afterwards Governor of Virginia) was one, and thereupon a Commission was granted by Charles Stuart the eldest Son of the late King to Sir William Davenant, constituting him Governor of the said Province, alleging therein the reasons to be, because the Lord Baltemore did visibly adhere to the Rebels in England (as he terms them in that Commission) and admitted all kind of Sectaries and Schismatics, and ill affected persons into that Plantation. These people seated themselves at a place by them called Providence, but by an Act of a General Assembly there called Anne-Arundell in Mariland, and there was nothing promised by my Lord or Capt. Stone to them, but what was performed, they were first acquainted by Capt. Stone, before they came there, with that Oath of Fidelity which was to be taken by those who would have any Land there from his Lordship, and the Oath which was required of them to take before they could have any Parent for Land there, was ratified by an Act of a General Assembly of that Province, wherein those very men had their Burgesses, there being an express Clause in it, That it should not be understood to infringe or prejudice Liberty of Conscience in point of Religion, as will appear by the Oath itself, nor had they any regrett to the Oath till they were as much refreshed with their entertainment there, as the Snake in the Fable was with the Country man's breast, for which some of them are equally thankful But it is now, it seems, thought by some of those people too much below them to take an Oath to the Lord Proprietary of that Province, though many Protestants of much better quality, have taken it, and which is more than can be hoped for from some of these men) kept it. As to the Government there, they knew it very well before they came thither, and if they had not liked it they might have forborn coming or staying there, for they were never forced to either, the chief Officers under my Lord there are Protestants, the Jurisdiction exercised there by them is no other than what is warranted by his Lordship's Patent of that Province, which gives him the power and privileges of a Count Palatine there, depending on the Supreme Authority of England, with power to make Laws with the People's consent, and of Martial Law in cases of Mutiny, Rebellion, or Sedition, without which powers and privileges his Lordship would not have undertaken that Plantation, and have been at so great a charge, and run so many hazards as he hath done for it. There are none there sworn to uphold Antichrist, as Mr. Strong falsely suggests, nor doth the Oath of Fidelity bind any man to maintain any other Jurisdiction or Dominion of my Lords, than what is granted by his Patent; for by express words it relates to such only as are therein contained, whatsoever Mr. Strong says to the contrary. Though some of those people (it seems) think it unfit that my Lord should have such a jurisdiction and dominion there, (unto which he hath as good a right as Mr. Strong or any of those people can claim to any thing they have) yet they it seems by their arrogant and insolent proceed think it fit for them to exercise fare more absolute Jurisdictions and Dominion there then my Lord ever did, such as in truth are Arbitrary and Barbarous without any lawful right or Authority at all, nor are they contented with freedom for themselves of Conscience, Person and Estate, (all which are established to them by Law there and enjoyed by them in as ample manner as ever any people did in any place of the world) unless they may have the liberty to debarr others from the like freedom, and that they may domineer and do what they please. As to the pretended Commission mentioned by Mr. Strong from the supreme Authority of England in 1652. for reducing of Maryland, there was no such thing; but the ground of that pretence was this. In September 1651. when the Council of State sent Commissioners from hence, that is to say Capt. Dennis, Capt. Steg, and Capt. Curtez, to reduce Virginia to the obedience of the Parliament, the said Council appointed a Committee of themselves for the carrying on of the affairs of the Admirallty, to give instructions to the said Commissioners for that business, and Colonel George Thomson being then in the Chair of that Committee, Maryland was at first inserted in their instructions to be reduced as well as Virginia, but the Committee being afterwards satisfied by all the Merchants that traded thither (who were engaged to assist with their ships in the reducement of Virginia) that Maryland was not in opposition to the Parliament; that Captain Stone the Lord Baltemores' Lieutenant there, was generally known to have been always zealously affected to the Parliament, and that divers of the Parliaments friends were by the Lord Baltemores' especial directions received into Maryland, and well treated there, when they were feign to leave Virginia for their good affections to the Parliament; then the said Committee thought it not fit at all to disturb that Plantation, and therefore in the presence of many of the said Merchants, caused Maryland to be struck out of the said instructions, and the Council of State did thereupon give Licence to many Ships to trade at that time to Maryland, but would not permit any to go to Virginia, till that Colony were reduced to obedience; all which will be testified by divers Merchants and others to be true. In this expedition to Virginia Captain Dennis and Captain Steg the two chief Commissioners (who were present when Maryland was struck out of the said Instructions) 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 Capt. Curtez 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, that is, Mr. Richard Bennet before mentioned, and Capt. Cleyborne (known and declared Enemies of the Lord Baltemores) they together with Capt. Curtez proceeded to the reducement of Virginia, which was effected accordingly; and Captain Stone being then the Lord Baltemores' Lieutenant of Maryland, did actually assist them therein. After all which, the said Mr. Bennet and Capt. Cleyborne went notwithstanding to Maryland, and upon pretence of a certain Clause in their Instructions, That they should reduce all the Plantations in the Bay of Cheseapeacke, to the obedience of the Parliament, because some part of Maryland, where the Lord Baltemores' chief Colony there is seated, is within that Bay, aswell as all the Plantations of Virginia are, they required Capt. Stone and the rest of the Lord Baltemores' 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 Common wealth of England, in chief under God: then the said Commissioners required them to issue out Writs and Process out of the Lord Baltemores 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 conceive the Parliament intended not 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 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 to his interest there, and therefore they could not without breach of trust concur to any such alteration: where upon the said Commissioners demanded of Captain Stone the Lord Baltemores' Commission to him, which he shown them, and then without any other cause at all they detained it and remooved him, and his Lordships other Officers out of their employment there under him, and appointed others to manage the Government of that Plantation independent of his Lordship. By which it appears Mr. Bennet and Capt. Cleyborne took upon them an Authority much contrary to the intention of the Council of State, and indeed contrary to common sense and reason; for certainly if the Council had had any cause to have altered their mind in that particular of Maryland, after they had struck it out of the said Instructions, they would have caused it to have been put in again by the same name, whereby their Intention might have been clearly understood; much less could they have any Intention of reducing any place that was not in opposition against them, but in due obedience; so as if Maryland had been by any mistake put in by name to be reduced, upon a supposition in the Council that it had been in opposition, yet they could not in reason intent that in case their Commissioners had found when they came upon the place (as they did) that it was not in opposition, that they should reduce it or prejudice any man's right upon that account: so that whatsoever was done in Maryland by the said Mr. Bennet, than Governor of Virginia, and the other persons Mr. Strong mentioneth as Commissioners from England, for reducing of Maryland, or their subordinate Officers, having no firmer foundation from hence, was done without Authority, which makes all those proceed mentioned by Mr. Strong of his friends and their pretended assembly there, illegal, mutinous, and usurped, and the Lord Baltemore and his Officers had just reason to rectify the same by all lawful means, other than which they used none, when they reassumed the Government; for by his Lordship's Patent he and his substitutes have power to make use of what force they can, to compel such as shall unlawfully oppose his Government there, and by a Law made with the consent of a general Assembly of that Province, wherein the said people above mentioned had also their Burgesses, it was enacted that such as should by force of Arms oppose the Government there under the Lord Proprietary, or attempt the disinherison or dispossessing him (as those people did before Capt. Stone attempted any force upon them) of his rights or Jurisdiction there, according to his Patent, should be punished with Death and confiscation of their Estates, as is usual and necessary in the like cases to be done in all such Governments whatsoever; though no such severity is ever put in execution there, but when all fair and gentle means, being first tried to reduce such people to obedience will not prevail. Moreover that pretended authority of the said Commissioners for reducing of Maryland, was urged here in England by Colonel Matthews, Agent for the said Mr Bennet, and the Colony of Virginia, when his Petition was debated before the Committee of Petitions of the late Parliament which began in July 1653. and was by that Committee dismissed, and yet notwithstanding after the said dismission and Dissolution of that Parliament, the said Mr. Bennet and Capt. Cleyborne did again in July 1654. come into Maryland, and with the assistance of some of the people above mentioned, by force of Arms turned out Capt. Stone, and the Lord Baltemores other Officers, and put others in their rooms by what Authority no man knows; for although they had had as they pretended an Authority (which in truth they had not) from the Parliament which was dissolved in April 1653. to do what they did in Maryland in 1652 according to Mr. Strongs' relation, yet after the Dissolution of that Parliament the Authority from it ceased, so as all proceed in prosecution thereof afterwards was unwarrantable, unless that Authority which they pretended had been given them by an Act or Ordinance of Parliament for a certain time than not expired, or confirmed by the succeeding supreme Authority here, which it was not. And although Mr. Strong shelter most of the bloody actions done by those who employ him hither, under pretence that the Government, the Counsellors and Officers in Maryland were Popish, and therefore there must needs be some design to extirpate those of another Judgement, yet he doth not (because indeed he cannot) make appear any disturbance given by the Lord Baltemores' Government, to any person there for matter of Religion, but contrariwise it is well known that no Nation affords better Laws to prevent any difference arising upon that Account, nor more freedom of Conscience than that Government doth, as the most considerable Protestants in that Province have attested by an Instrument under their hands, unto which the said Mr. Durand (attestor of the aforesaid Pamphlet) hath also subscribed his name, wherein they do also acknowledge that the said freedom is provided for not only by the said Laws there, with his Lordship's assent unto them, but by several other strict Injunctions and Declarations of his Lordships for that purpose. There are aswell affected Councillors and Officers to his Highness and this Government employed and entrusted by the Lord Baltemore in Maryland as any that oppose his Lordship there. And his Highness was by Capt. Stone caused to be publicly and in a solemn manner proclaimed there as Sovereign Lord of that place. As for the late unhappy contests there which (as Mr. Strong saith) were desired by those people above mentioned to be composed in an amicable way, how doth that agree with their turning Captain Stone out of his Government in July 1654. by force of Arms, and ferrying their men over the River towards Capt. Stone in the last conflict, and the shooting of Ordnance from Capt. Hemans ship at Capt. Stone, and the blocking up of Capt. Stones Boats by a Bark with two pieces of Ordnance (as Mr. Strong confesseth they did before any hostile attempt made by Captain Stone upon them) which forced Capt. Stone to engage with them in his own defence. As to Capt. Stones taking away the Records and Arms from those of Patuxent, if he did so, it was but what every discreet man ought to have done in the like case, they having been Actors in displacing him as formerly; and lest in his absence they should attempt upon the Colony behind him; but Mr. Strong I suppose is the more impudent in alleging untruths, and endeavouring to smother under them the barbarous and bloody actions of those people, because he knows that they have taken order to hinder what they can, all persons & Letters which may come from thence hither, and have imposed Oaths upon all those of concernment whom they had in their custody, that they neither should endeavour to come over into England, nor write any Letters or Petitions into England, to manifest to his Highness the truth of their proceed in Maryland, which will reflect upon Mr. Strong as much as any one else; nevertheless providence, notwithstanding all their diligence to the contrary, hath brought some Letters and Persons lately over from thence, which much contradict Mr. Strongs' Relation of the last contests there, viz. a Letter from Mr. Luke Barber to his Highness the Lord Protector, which the said Mr. Barber wrote when he thought he should not have been able to have got away from thence, the people above mentioned having detained him aswell as others, but afterwards finding means to come hither himself in the same ship wherein he intended to have sent that Letter, he thought fit in stead thereof to declare by word of mouth to his Highness what was therein contained, a Copy of which Letter subscribed by the said Mr. Barber is hereunto annexed, and he will affirm the contents thereof upon Oath to be true. Another is a Letter from Captain Stones Wife (he being a Prisoner, and not suffered to write himself) to my Lord Baltemore, a Copy whereof is also hereunto annexed: by both which it appears clearly that Mr. Strong hath omitted to mention the putting to death of fowr of Captain Stones party by the people above mentioned, in cold blood, several days after the fight, and hath very falsely related Capt. Stones and the Lord Baltemores other Officers proceed in that last contest aswell in relation to his Highness, as to those people above mentioned; wherefore for the present I shall refer the Reader to the said Letters for satisfaction therein, till further proof be made thereof in such a way as his Highness shall please to direct; whereupon my Lord Baltemore doubts not but his Highness will be pleased to do him and his Officers in Maryland right, and to call those to a strict account who were actors in the horrid murders aforesaid: for certainly that pretence of theirs of acting what they did (as Mr. Strong says) in his Highness' name, will not excuse them; no man I conceive doubting but that whosoever shall presume to put any man to death in his Highness' name, without any lawful Authority from him, doth put a great dishonour upon his Highness, and not mitigate but aggravate the crime of murder in so doing. And lastly, though it be a good thing to sing praises and give thanks to God as Mr. Strong doth at the end of his Pamphlet, so 'tis a good thing to know God is not mocked, but will render unto every man according to his actions, and vindicate the innocent. The Copy of a Letter intended for his Highness. May it please your Highness: HAving formerly had the honour to relate to your Highness not only in your Army, but also as a domestic servant, I humbly thought it my duty to give your Highness a true relation of the late disaster of this Country, which although it be not a place any way considerable or worth your Highness' trouble, yet when I consider the great care and pains your Highness hath formerly taken both below yourself, and almost incredible to those that have not been eye-witnesses of them, for the true settling of Government, and avoiding the needless shedding of blood, it gives encouragement to my pen, and assures me that the score upon which I writ, will obtain a pardon of your Highness for my presumption, it being humbly and in the name of that great God (whom I know had not your Highness feared would never have so palpably helped your Highness in your greatest necessity, and fought your Battles) to beg a boon which will I doubt not, absolutely end the needless shedding of blood in this part of the World, in regard now both parties pretend to fight for your Highness: My Lord, my humble Petition to your Highness is, that your Highness would be pleased graciously to condescend so low as to settle the Country, so as we may here understand the absolute pleasure and determinate will of your Highness therein the disobeyers of which cannot after your Highness known pleasure but in a moment perish, and the rest live secure and happy. My Lord I am an absolute stranger here as yet having not been a month in the Country, in which time this unfortunate action fell out, so much the sadder, in regard of the common enemy the Indian who ever takes advantage by our intestine troubles being both cruel and potent, & therefore I hope will be a motive to further the charitable condescending of your Highness for settling the Country. My Lord having had a very tedious passage being necessitated to stay above two months in Bermudas & above one month in Virginia, so that I was above half a year from the time that I came out of England to my arrival in Maryland, at which arrival I found the Country in a great disturbance, the Governor Captain Stone being ready to march with his Army (which here is considerable if it consist of 200 men) against a party of men at a place called Anne-Arundel who the year before (pretending a power from your Highness as also that your Highness had taken the Lord Baltemores' Country from him) bred a great disturbance in the Country, and withal took away the Governors' Commission from him, which Governor being since informed by a Gentleman by name Mr. Elkonhead (one that came out of England 2 or 3 Months after me) that the Lord Baltemore kept his Patent, and that your Highness had neither taken the Lord Baltemores' Patent from him nor his Land, he thought he might act by the contents of his former Commission from the Lord Baltemore and accordingly went up to reduce those people to the Lord Baltemores' Government, but still under your Highness' command, as formerly under the Kings, having here in the Country before I came first solemnly proclaimed your Highness, as also in all Proclamations and public Edicts ending with God preserve the Lord Protector, and the Lord Proprietary. Now going up to reduce these people, if possible by fair means, a Declaration to which purpose the Governor desiring me to bear him company the march, I got leave to carry to them, in the end of which the Governor did protest, as in the presence of Almighty God, that he came not in a hostile way to do them any hurt, but sought all means possible to reclaim them by fair means; and to my knowledge at the sending out of Parties (as occasion served) he gave strict command, that if they met any of the Anne-Arundell men they should not fire the first Gun, nor upon pain of death plunder any: these were his actings to my knowledge upon the march; but coming nearer to them, there was a Ship a Merchant man called the Golden Lion, one Hemans Commander, and as appears hired by them, having since received his reward of them, who seeing the Governor land his men under the command of his ship, shot at them as they landed over night, and the next morning continuing his course (as I am credibly informed) killed one of the Governors' men, and so began the war which after fell out, for the Anne-Arundell men coming suddenly upon them on the one side, and the Golden Lion being on the other side, they being in a neck of Land environed round with water except one little place by which the Anne-Arundel men came in upon them, where after a skirmish the Governor upon quarter given him and all his company in the field, yielded to be taken Prisoners, but two or three days after the Victors condemned ten to death, and executed four, and had executed all had not the incessant Petitioning and begging of some good women saved some, and the soldiers others; the Governor himself being condemned by them and since begged by the Soldiers, some being saved just as they were leading out to execution, and since fall a sequestering their Estates, and taking away what they have as if they were mere Malignants, and had fought directly against your Highness, in which I cannot but speak my conscience, knowing that at their first setting out the general cry was that they went to reduce the Country and bring it under the obedience of your Highness and the Lord Proprietary, as also the Governor who protested to me before he went out, that had he not been very credibly informed that your Highness had not taken away the Lord Baltemores' Patent, nor his Land, as the Anne-Arundel men pretended, he would not stir in the business. My Lord, the reason why I take upon me to give your Highness an account of this action is nothing but out of my duty to your Highness to give a true and impartial account of the proceed here, in regard they still keep the Governor and most of the Council Prisoners, as also all the chief Officers till all the shipping is already gone out of the Country except one, and till that is gone I hear for certain none of them shall be released, by which means they are not only debarred from coming for England (as some desired to answer for what they had done before your Highness, and were denied it) but are likewise hindered from writing their grievances, as not being suffered to write to their own Wives, but their Letters are broke open, so that I cannot but think myself bound in conscience to declare the truth, as also to remain so long as I possess a being in this world, My Lord, Your Highness' most obedient and ever Loyal Subject L. Barber. Maryland this 13. of April, 1655. For the Right Honourable the Lord BALTEMORE, these present. Right Honourable: I Am sorry at present for to let your Honour understand of our sad condition, in your Province. So it is, that my Husband, with the rest of your Council, went about a month ago with a party of men up to Anne-Arundell County, to bring those factious people to obedience under your Government. My Husband sent Dr. Barber with one Mr. Curtsy with a Message to them, but they never returned again before the fight began. Also he sent one Mr. Packer the day after, with a Message, and he likewise never returned, as I heard: but so it is, that upon Sunday the 25. of March, they did engage with the people of Anne-Arundell, and lost the field, and not above five of our men escaped; which I did conceive ran away before the fight was ended; the rest all taken, some killed and wounded; my Husband hath received a wound in his shoulder, but I hear it is upon the mending. My Husband, I am confident, did not think that they would have engaged, but it did prove too true to all our great damages; They, as I hear, being better provided then my Husband did expect; for they hired the Captain of the G●l●len Lion, a great ship of burden, the Captains name is Roger Hemans, a young man, and his Brother, who have been great sticklers in the business as I hear, Captain H●man was one of their Council of War, and by his consent would have had all the Prisoners hanged; but after Quarter given, they tried all your Councillors by a Council of War, and Sentence was passed upon my Husband to be shot to death, but was after saved by the Enemies own Soldiers, and so the rest of the Councillors were saved by the Petitions of the Women, with some other friends which they found there; only Master William Eltonhead was shot to death, whose death I much lament, being shot in cold blood; and also Lieutenant William Lewis, with one Mr. Leggat, and a German, which did live with Mr. Eltonhead, which by all Relations that ever I did hear of, the like barbarous act was never done amongst Christians. They have Sequestered my Husband's Estate, only they say they will allow a maintenance for me and my Children, which I do believe will be but small. They keep my Husband, with the rest of the Council, and all other Officers, still Prisoners: I am very suddenly, God willing, bound up to see my Husband, they will not so much as suffer him to write a Letter unto me, but they will have the perusal of what he writes. Captain Tylman and his Mate Master Cook are very honest men, and do stand up much for your Honour; they will inform you of more passages than I can remember at the present; and I hope my Brother will be down before Captain Tylman goes away, and will write to you more at large; for he is bound up this day for to see his Brother, if they do not detain him there as well as the rest; the occasion I conceive of their detainment there is, because they should not go home, to inform your Honour of the truth of the business before they make their own tale in England, which let them do their worst, which I do not question but you will vindicate my Husband's honour which hath ventured Life and Estate to keep your due here, which by force he hath lost. And they give out words, that they have won the Country by the sword, and by it they will keep the same, let my Lord Protector send in what Writing he pleaseth. The Gunner's Mate of Hemans, since his coming down from Anne-Arundell to Patuxent, hath boasted that he shot the first man that was shot of our Party. All this I writ is very true, which I thought good to inform your Lordship, because they will not suffer my Husband for to write himself: I hope your Honour will be pleased for to look upon my Son, and for to wish him for to be of good comfort, and not for to take our afflictions to heart. And nothing else at present, I rest Your Honour's most humble Servant, Varlinda Stone. Postscript. I hope your Honour will favour me so much, that if my Son wants twenty or thirty pounds you will let him have it, and it shall be paid your Honour again. Hemans the Master of the Golden Lion is a very Knave, and that will be made plainly for to appear to your Lordship, for he hath abused my Husband most grossly. A true Copy of the Oath of Fidelity to the Lord Proprietary of the Province of MARYLAND. I A. B. Do swear that I will be true and faithful (so long as I shall be a member of this Province) to the Right Hon. CAECILIUS, Lord Baron of Baltemore, Lord and Proprietary of this Province of Maryland, and the Islands thereunto belonging, & to his Heirs Lords and Proprietaries of the same, and to his Lieutenant or Chief Governor here for the time being: And will not at any time by words or actions in public or in private, wittingly or willingly, to the best of my understanding, any way derogate from, but will at all times, as occasion shall require to the utmost of my power, defend and maintain all such his said Lordships and his Heirs just and lawful Right, Title, Interest, Privileges, jurisdictions, Prerogative, Propriety and Dominion, over and in the said Province and Islands thereunto belonging, and over the people who are or shall be therein for the time being, as are granted to his said Lordship and his Heirs by the late King of England in his said Lordship's Patent of the said Province under the Great Seal of England, not any wise understood to infringe or prejudice Liberty of Conscience in point of Religion; And I do also swear that I will with all expedition discover to his Lordship or to his Lieutenant or other Chief Governor of the said Province for the time being and also use my best endeavour to prevent any Plot, Conspiracy, or Combination, which I shall know, or have just cause to suspect, is or shall be intended against the person of his said Lordship, or which shall tend any way to the disinherison or deprivation of his said Lordship or his Heirs their Right, Title, Jurisdiction, and 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 Hereditaments within the said Province of Maryland, or the Islands thereunto belonging from any Indian or Indians to any other use or uses but to the use of his said Lordship, and his Heirs Lords and Proprietaries of this Province, or knowingly from any other person or persons not deriving a legal Title thereunto, by, from, or under some grant from his said Lordship or his Heirs Lords and Proprietaries of this Province legally passed or to be passed under his or their great Seal of the said Province for the time being. So help me God etc. THis Oath was appointed by my Lord to be taken by every one who had any Land granted to him in Maryland from his Lordship before any Patent thereof should pass the Seal to him; and it was also appointed to be taken by a law made in Maryland in An. 1649. with the consent of the Protestants as well as the Roman catholics there, by every inhabitant above the age of sixteen years, upon pain of Banishment in case of refusal, and of fine in case of return and a second refusal; but it was never yet imposed upon any, nor any ever yet banished or fined for refusal of it, only they could have no land granted them from his Lordship, unless they took it; nor was there any other Oath appointed to be taken upon any penalty whatsoever. But there was another Oath appointed for the Governor and Council only in Maryland to take, which have these clauses among others in them (viz.) That they shall not accept or execute any Place, Office, or Employment in Maryland, relating to the Government thereof from any Person or Authority, but from the Lord Baltemore or his Heirs: and another Clause (viz.) that they shall not directly or indirectly, 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, nor in his or her free exercise thereof within the said Province. But this Oath was never imposed upon any body, nor any penalty appointed for the refusal thereof; for it was free for any man, if he did not like the Oath not to accept of the place of Governor, or one of the Council there; & this last mentioned Oath of the Governor and Council was appointed in the life time of the late King. The Lord Baltemore conceiving it lawful and justifiable by his Patent to require such an Oath from such as he should employ in Offices of so great trust in so remote a place; for although by his Patent the sovereign Dominion of that Province be reserved to the late King, his Heirs, and Successors, yet the immediate and subordinate authority of the Government thereof is granted to his Lordship & his Heirs, so as no man ought to act therein but by authority derived from him. And he appointed this Oath to be taken by the aforesaid Officers, when he made Capt. Stone Governor, and Mr. Tho. Hatton Secretary, and others of his Council there who being of different Judgement in Religion from himself, his Lordship thought it but reasonable and fit that as he did oblige them by Oath not to disturb any there who professed to believe in Jesus Christ, so to express the Roman Catholics in particular, who were of his own judgement in matter of Religion. A true Copy of a Law made in Maryland, Entitled, An Act concerning Religion. FOrasmuch as in a well Governed and Christian Commonwealth, matters concerning Religion and the Honour of God ought in the first place to be taken into serious consideration and endeavoured to be settled. Be it therefore Ordained and Enacted by the Right Honourable CAECILIUS Lord Baron of Baltemore, * This Title is given his Lordship in his Patent of Maryland. absolute Lord and Proprietary of this Province, with the Advice and Consent of the Upper and Lower House of this General Assembly, that whatsoever Person or Persons within this Province and the Islands thereunto belonging, shall from henceforth Blaspheme GOD, that is curse him, or shall deny our Saviour JESUS CHRIST to be the Son of God, or shall deny the Holy Trinity, the Father, Son, and Holy Ghost, or the Godhead of any of the said Three Persons of the Trinity, or the Unity of the Godhead, or shall use or utter any reproachful speeches, words, or language, concerning the Holy Trinity, or any of the said three Persons thereof, shall be punished with death, and confiscation or forfeiture of all his or her Land and Goods to the Lord Proprietary and his Heirs. And be it also Enacted by the Authority and with the advice and assent aforesaid, That whatsoever Person or Persons shall from henceforth use or utter any reproachful words or speeches concerning the Blessed Virgin MARY, the Mother of our Saviour, or the holy Apostles or Evangelists, or any of them, shall in such case for the first Offence forfeit to the said Lord Proprietary and his heirs Lords and Proprietaries of this Province, the sum of 5 l. sterling, or the value thereof, to be levied on the goods and chattels of every such person so offending; but in case such offender or offenders shall not then have goods and chattels sufficient for the satisfying of such forfeiture, or that the same be not otherwise speedily satisfied, that then such offender or offenders shall be publicly whipped, and be imprisoned during the pleasure of the Lord Proprietary, or the Lieutenant or Chief Governor of this Province for the time being; and that every such offender and offenders for every second offence shall forfeit 10 l. sterling, or the value thereof to be levied as aforesaid, or in case such offender or offenders shall not then have goods and chattels within this Province sufficient for that purpose, then to be publicly and severely whipped and imprisoned as before is expressed. And that every person or persons before mentioned, offending heerin the third time, shall for such third offence, forfeit all his lands and goods and be for ever banished and expelled out of this Province. And be i● also further Enacted by the same authority, advice, and assent, that whatsoever person or persons shall from henceforth upon any occasion of offence or otherwise in a reproachful manner or way, declare, call or denominate, any person or persons whatsoever, inhabiting, residing, trafficking, trading, or commercing, within this Province, or within any the Ports, Harbours, Creeks or Havens to the same belonging, an Heretic, Schismatic, Idolater, Puritan, Presbyterian, Independent, Popish Priest, Jesuit, Jesuited Papist, Lutheran, Calvinist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or other name or term in a reproachful manner relating to matter of Religion, shall for every such offence forfeit and lose the sum of 10 s. sterling or the value thereof to be levied on the goods and Chattels of every such offender and offenders, the one half thereof to be forfeited and paid unto the person and persons of whom such reproachful words are or shall be spoken or uttered, and the other half thereof to the Lord Proprietary and his Heirs, Lords and Proprietaries of this Province; But if such person or persons who shall at any time utter or speak any such reproachful words or language, shall not have goods or chattels sufficient and overt within this Province to be taken to satisfy the penalty aforesaid, or that the same be not otherwise speedily satisfied, that then the person and persons so offending shall be publicly whipped, and shall suffer imprisonment without Bail or Mainprize until he, she, or they, respectively shall satisfy the party offended or grieved by such reproachful language, by ask him or her respectively forgiveness publicly for such his offence before the Magistrate or chief Officer or Officers of the Town or Place where such offence shall be given. And be it further likewise Enacted by the authority and consent aforesaid, that every person and persons within this Province, that shall at any time hereafter profane the Sabaoth or Lord's day called Sunday, by frequent swearing, drunkenness, or by any uncivil or disorderly Recreation, or by working on that day, when absolute necessity doth not require, shall for every such first offence forfeit 2 s. 6 d. sterling or the value thereof; and for the second offence 5 s. sterling or the value thereof; and for the third offence and for everytime he shall offend in like manner afterwards 10 s. sterling or the value thereof; and in case such offender or offenders shall not have sufficient goods or chattels within this Province to satisfy any of the aforesaid penalties respectively hereby imposed for profaning the Sabaoth or Lord's day called Sunday as aforesaid, then in every such Case the party so offending shall for the first and second offence in that kind be imprisoned till he or she shall publicly in open Court before the chief Commander, Judge, or Magistrate of that County, Town, or Precinct wherein such offence shall be committed, acknowledge the scandal and offence he hath in that respect given, against God, and the good and civil Government of this Province: And for the third offence and for every time after shall also be publicly whipped. And whereas the enforcing of the Conscience in matter of Religion hath frequently fallen out to be of dangerous Consequence in those Commonwealths where it hath been practised, and for the more quiet and peaceable Government of this Province, and the better to preserve mutual love and unity amongst the Inhabitants here, Be it therefore also by the Lord Proprietary with the advice and assent of this Assembly, Ordained and Enacted, except as in this present Act is before declared and set forth, that no person or persons whatsoever within this Province or the Islands, Ports, Harbours, Creeks, or Havens thereunto belonging, professing to believe in Jesus Christ shall from henceforth be any ways troubled, molested, or discountenanced, for or in respect of his or her Religion, nor in the free Exercise thereof within this Province or the Islands thereunto belonging, nor any way compelled to the belief or exercise of any other Religion against his or her consent, so as they be not unfaithful to the Lord Proprietary, or molest or conspire against the civil Government, established or to be established in this Province under him and his Heirs. And that all and every person and persons that shall presume contrary to this Act and the true intent and meaning thereof, directly or ●ndirectly, either in person or estate, wilfully to wrong, disturb, or trouble, or molest any person or persons whatsoever within this Province, professing to believe in Jesus Christ, for or in respect of his or her Religion, or the free Exercise thereof within this Province, otherwise then is provided for in this Act, That such person or persons so offending shall be compelled to pay triple damages to the party so wronged or molested, and for every such offence shall also forfeit 20 s. sterling in Money or the value thereof, half thereof for the use of the Lord Proprietary and his Heirs Lords and Proprietaries of this Province, and the other half thereof for the use of the party so wronged or molested as aforesaid; or if the party so offending as aforesaid, shall refuse or be unable to recompense the party so wronged or to satisfy such fine or forfeiture, than such offender shall be severely punished by public whipping and imprisonment during the pleasure of the Lord Proprietary or his Lieutenant or chief Governor of this Province for the time being, without Bail or Mainprize. And be it further also Enacted by the authority and consent aforesaid, that the Sheriff or other Officer or Officers from time to time to be appointed and authorised for that purpose of the County, Town, or Precinct where every particular offence in this present Act contained, shall happen at any time to be committed, and whereupon there is hereby a forfeiture, fine, or penalty imposed, shall from time to time distrain, and seize the goods and estate of every such person so offending as aforesaid against this present Act or any part thereof, and sell the same or any part thereof, for the full satisfaction of such forfeiture, fine, or penalty as aforesaid, restoring to the Party so offending, the Remainder or overplus of the said goods or estate, after such satisfaction so made as aforesaid. This Act was passed by a General Assembly in Maryland in April 1649. and assented unto by the Lord Baltemore in 1650. and the intent of it being to prevent any disgusts between those of different judgements in Religion there, it was thought necessary to insert that clause in it concerning the Virgin Mary, of whom some, otherwise might perhaps speak reproachfully, to the offence of others. And in the time of the long Parliament when the differences between the Lord Baltemore, and Colonel Samuel Matthews, as Agent for the Colony of Virginia were depending before a Committee of that Parliament for the Navy, that Clause in the said Law concerning the Virgin Mary, was at that Committee objected as an exception against his Lordship; whereupon a worthy Member of the said Committee stood up and said, that he wondered that any such exception should be taken against his Lordship; for (says he) doth not the Scripture say, Lu. 1.48. that all Generations shall call her blessed? and the Committee insisted no more on that exception. THE Declaration and Certificate of William Stone Esquire, Lieutenant of the Province of Maryland, by Commission from the Right Honourable the Lord Baltemore, Lord Proprietary thereof, and of Captain John Price, Mr. Thomas Hatton, and Captain Robert Vaughan of his said Lordship's Counsel there, and of divers of the Burgesses now met in an Assembly there, and other Protestant Inhabitants of the said Province, made the 17. day of April, Anno Dom. one thousand six hundred and fifty. WE the said Lieutenant, Council, Burgesses, and other Protestant Inhabitants above mentioned, whose names are hereunto subscribed, do declare and certify to all persons whom it may concern, That according to an Act of Assembly here, and several other strict Injunctions and Declarations by his said Lordship for that purpose made and provided, we do here enjoy all fitting and convenient freedom and liberty in the exercise of our Religion under his said Lordship's Government & Interest, And that none of us are any ways troubled or molested, for or by reason thereof within this his Lordships said Province. Governor. William Stone Council. Jo. Price Robert Vaughan Tho. Hatton Burgesses. James Cox Note that James Cox and George Puddington were then Burgesses for the people at Anne-Arundell. Tho Steerman John Hatch George Puddington Robert Robines Walter Bain William Brough Francis Poesy * Note that this is the same man who attests Mr. Strongs' Pamphlet before mentioned. William Durand Anthony Rawlins Thomas Maydwell Mark Blomefield Thomas bushel William Hungerford William Stumpson Thomas Dinyard John Grinsdith William Edwin Richard Browne Stanhop Roberts William Browne John Halfehead William Hardwich Elias Beech George Sawyer William Edis John Gage Robert Ward William Martial Richard Smith Arthur Turner William Pell William Warren Edward Williams Ralph Beane John Slingsby James Morphew Francis Martin John Walker William Hawley William Smoot John Sturman John Nichols Hugh Crage George Whitacre Daniel Clocker John Perin Patrick Forrest George Beckwith Thomas Warr Walter Waterling.