Virginia and Maryland. OR, The Lord Baltamore's printed Case, uncased and answered. Tracts and Other Papers, Relating Principally to the Origin, Settlement, and Progress of the Colonies in North America, from the Discovery of the Country to the Year 1776. Collected by Peter Force. Vol. II.

Virginia and Maryland. OR, The Lord Baltamore's printed Case, uncased and answered. Shewing, the illegality of his Patent and usurpation of Royal Jurisdiction and Dominion there. With, The Injustice and Tyranny practiced 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 other 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.

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

IN the yeer 1607. divers preceding discoveries having confirmed an Opinion, That the Country of Virginia was fit for Plantation; It pleased God to affect the mindes of very many worthily disposed Noblemen, Gentlemen, and others to conceive it as a matter of great Religion and Honour, to undertake the work of perfecting a Christian Plantation in those parts. Whereupon King James was pleased to become the first Founder of this noble work, and by his Letters Patents from time to time renewed and enlarged, granted all ample Priviledges and Immunities, both to those that managed in England, and 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 incorporated, and were originally named in the Letters Patents by the name of the Company of Virginia, being a greater union of Nobles and Commons, then ever concurred to such an undertaking. But nevertheless, partly by the natural difficulties incident to all new Plantations; but chiefly, through the unnatural and faulty impediments arising by the cross agitations of two powerful factions in the Company, the work went heavily on for the first twelve yeers, appearing desperate in the several ill successes thereof. And though afterward somewhat advanced and prosperous, yet in the yeer 1621. by the fatal blow of a Massacre, it was almost shattered to pieces, and brought to a very low and calamitous condition; which occasion the contrary faction presently took hold of, insomuch that they exceedingly slighted the action, aud cared not to cast aspersions on the Country, and on the whole management of that affair. And then further strongly possessed and advised the then King; against the form of the Companies Government, as consisting of an excessive number of Councellours, and a confused Popularity, as being a Nurse of Parliamentary spirits, and obnoxious to Monarchical Government. Thereupon Order was made upon the eighth day of October, 1623. at the Council-Table, whereby the Company were moved to give in their assents for surrendering 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 yeers 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 severall Proclamations, and several Orders from the Council-Table, with great assurances under the Broad Seal and privy Seal, that all men, with the Adventurers and Planters should be assured, that their Rights and Interests should be conserved and enlarged, onely alteration in point of Government. But both that Commission and renewing of the Companies Charter expired, and all those Proceedings were delayed, by reason of the death of King James, which then suddenly ensued. The principal scope of that Commission was, that they should finde a better form of Government for the Countryes advancement, and therein was especially promised the conservation of every man's right; intention 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 hapened, who having attained their private ends of spleen and profit upon the changes and revolutions of ensuing times deserted the interest of the Colony, and left her weltring in her blood, unsupplied with Ammunition and Arms in the heat of a difficult war with the Indians: the burthen and charge whereof was onely undergone by the remaining Planters, who thus forsaken by their former friends, were constrained both to work and fight for their lives and subsistance; and thereby preserved the Colony from desertion, and at last restored it by the blessing of God to peace and plenty.

And then, about the yeer 1633. Lord Baltamore pretending, though not truely, the greatest part of the Country was unplanted, procured that the aforesaid judgement so long delayed, was entred, and obtained a Patent, for that part now called Maryland, which he hath since held with a few people and small Adventurers, bebarring of those to whom it belonged from planting of it; destroying and ruinating these formerly seated under Virginia, at the Isle of Kent; and interdicting Trade with the Indians for Furs, discovered and begun by the Virginians, by direction and commission from the King; which since by this means is enjoyed by the Dutch and Swedes. with the profit of many thousand pounds yeerly; which Trade had been solely in the English Nations hands, had not the Lord Baltamore interdicted it, and seized all Vessels, and displanted their Plantations. And those Swedes and Dutch do trade for great quantities of Guns Powder and Shot with our Indians, to the total endangering this Colony, if not timely prevented. Such a ground-Work, had the Patent of Maryland upon the Rights and Labours of others; and as unreasonable and unjust have been the whole proceedings and management of their Colony and Interests, at their first arrival surprising and confiscating many Vessels with the Goods of divers that they found trading with the Natives under the commissions of Virginia, which they had enjoyed neer thirty yeers. And professing an establishment of the Romish Religion onely, they suppressed the poor Protestants among them, and carried on the whold frame of their Government in the Lord Proprietaries name; all their Proceedings, Judicature, Tryals and Warrants in his name, Power and Dignity, and from him onely: not the least mention of the Soveraign Authority of England in all their Government; to that purpose, forceably imposing Oaths, (judged illegal in a Report made by a Committee of the Council of State, 1652.) to maintain his royal Jurisdictions, Prerogatives, and Dominions, as absolute Lord and Proprietary, to protect chiefly the Roman Catholick Religion in the free exercise thereof; and all done by 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 mis-informed; when in nothing more deeply and directly, could the Honour and Justice of his Throne be concerned, then in confirming and conserving the Interest of so great a conjuncture of Nobles, Knights, Gentlemen and Merchants, who so piously and worthyly adventured their Moneys, and expended their Estates and Labours; whose Rights and Interests, though their Patent were called in, for the time, in point of Government, yet had received the most solemn Declarations and Assurances, under the Broad Seal and Privy Signet, Orders of Councels, Letters to the Colony, and by general Proclamations there and here.

That it were impious to think that either the then King or King James being rightly enformed, would ever have granted such a Patent as this of Maryland, it being neer two third parts of the better Territory of Virginia; and as no way consistent with Equity, and the Honor and publick Faith of the Kingdom: so was no way agreeable (in the absolute and regal power assumed and executed by him) to the late Monarchical Government, or to the present Authority of the Commonwealth of England, under his Highness the Lord Protector, and most injurious to the Rights and Interests of the noble Adventurers and the painful indefatigable Planters, who had so long under God, conserved the Country from total ruine.

A short and successive Narration most of the aforesaid publick Assurances, follows, viz.

1. BY an Order of the Councel the eighth of October, 1623. before the Quo Warranto brought to Arm the mindes of the Adventurers and Planters against any mistaken fear and apprehension, as if their Estates should receive prejudice.

2. And whereas the Lords of the Councel were enformed, that the intended change of the Government, had begot a general discouragement amongst the Adventurers: notwithstanding sundry other Declarations made at the Board, Viva Voce, and that former Act of Councel, their Lordships were pleased by an Order of the twentieth of October, 1623. to declare again, that there was no other intention, but onely and meerly in reforming and change of the present Government; and that no man should receive any prejudice, but have his Estate fully and wholly confirmed; and if in any thing defective, better to be secured; which Order was sent over by their Lordships command, and published in Virginia for encouragement of the Planter.

3. King James was also pleased to express the same in his Commission to sundry of his own privy Councel, and other Commissioners for the time being, for the affairs of Virginia, July 5. 1624. that his intention was to alter the Letters Patents, as to the form of Government; but with the preservation of the Interest of every Adventurer and Planter.

4. The like Declaration of the King's intentions was exprest in the Commission then sent to Sir Francis Wiat, and the Councel then appointed by his Majesty, to direct the Affairs and People in Virginia; and the like hath been inserted in all King Charles his Commissions, and of all the Governours of Virginia, that have been since that time to this present.

5. The said King Charles by his Proclamation May 13. 1625. declared, That his aim was onely to reduce the Government into such a right course, as might best agree with the form held in the rest of his Monarchy, and not intended to impeach the interest of any Adventurer or Planter in Virginia.

6. The Lords of the Councel by their Letter dated the 24 of October, 1625. declare to the Colony, That the Kings pleasure was to preserve every man's particular right, and the Planters to enjoy their former priviledges; with addition of other requisite immunities; encouraging also the Planter to discoveries both by Sea and Land ; and to perfect the Trade of Furs: which Letter, according to their Lordships command, was published in Virginia. But Captain Cleyborn who was thereupon imployd by Commission from the Governour, under the King's Broad Seal, and the Seal of the Colony, and then discovered those parts of the Trade of Maryland, was thereby utterly undone, supplanted and expelled by the Lord Baltamore.

7. The King also, for the encouragement of the Planters, by his Royal Letters the 12 of September, 1628. was pleased to promise thereby to renew and confirm unto the Colony under the great Seal of England, their Lands and Priviledges formerly granted to them.

8. And when the generall Assembly, consisting of the Governours, Councel, and Burgesses of the whole Colony complained to the Lords of the Councel, of the interruption of their Trade by the Lord Baltamore's Deputies their Lordships were pleased by their Letter July 22. 1634. to signifie that the Plantation of Virginia should enjoy their Estates and Trade, with the same freedom and priviledge as they did before the recalling of their Patent.

By all which it appears, that howsoever the Government could not be reduced from that popular form of the Company in England, but by revocation of the Patent itself; yet in respect of both those Kings Declarations, and the Lords Orders, the Adventurers and Planters of Virginia, as to their Rights and Priviledges, according to the Rule of Equity, remain in the same condition, as if no such Judgement had been given.

Object. But they answer hereunto to this effect, though not truely neither, That the Lord Baltamore his Patent takes in no part, that the Virginians had then planted, and so the interests of all men is preserved; and, that Maryland is no other, then a particular Plantation, as the Company used to grant to divers Adventurers and Planters; and, that the King might do as much as the Company while they stood.

Answ. 1. We reply, That the Adventurers and Planters were encouraged to expend their Estates, in so vast a proportion, and to hazard their lives in all extremities, alwayes accompanying new designs and beginnings, in hope, that their shares upon the division of Lands, being four hundred Miles along the Seashore, and into the Land from Sea to Sea, would recompence them and their Heirs, as in Ireland, heretofore, and now is done. But this Interest by the Patent of the Lord Baltamore's comprehending neer two degrees, which is an hundred and twenty Miles, is wholly taken from them, and scarce is there any room for any Adventurers to take up any Land due unto them.

It is truely answered, that all the Adventurers of the Company were Tenants in common to all the Land, which was not actually divided and set out, and their claim cannot justly be thus nullified, and yet their interest said to be reserved.

3. It is granted, That the Lord Baltamore may have as large a proportion of Land, as ever was granted to any by the Company, though his adventures have never been proportionable to som mens. But we think it agreeing to reason, that he should people it, and either shew his right to it by the adventure of people sent over to plant it, which was by the Company appointed to be fifty Acres to every person transported thither; otherwise, how unreasonable is it, that he should possess two third parts of the Bay of Virginia, which may perhaps be said to be as big as the Kingdom of England and Scotland, and yet now in many yeers have not more men there, except such as have gone from Virginia, then can or do plant as much as, is contained in a small corner thereof, and those chiefly employed in Tobacco; and the great name of Maryland is but in effect made a factory for Trade; Ammunition and Arms being as commonly sold to the Indians, (though not altogether so openly) as among the Swedes and Dutch: a Nursery for Jesuits, and a bar to keep off other Planters from the greatest part of the Country left void, and for the most part not known by him or his.

5. We say, that after we had discovered, and brought the Indians of those parts of Maryland to a Trade of Corn and Beaver, by vertue of the King's instructions under the Broad Seal of England, with the expence of our Bloods and Estates, and exercised annual intercourse with them above eight and twenty yeers: how can it be said, our Interests and Rights are preserved, when we are forbidden this Trade, our Men slain, Vessels and Goods seized, Persons imprisoned, and the whole Trade assumed onely to the Lord Baltamore's use, and he not able to manage it neither, but left it to the Swedes and Dutch?

6. And chiefly we answer, We claim Right by Possession, having planted the Isle of Kent almost three yeers before ever the name of Maryland was heard of, and Burgesses for that place sitting in the Assembly of Virginia; whereby it is evident, that the Lord Baltamore's suggestions to the King, mentioned in his Patent, that those parts were uncultivated and unplanted, unless by barbarous people not having the knowledge of God, was a mis-information; and by it, that Patent appears to be surreptitiously and illegally gotten: and if the Lord Baltamore takes away those Lands from them, who have also purchased the Interest of the Natives, (a Right not inconsiderable) and seize their Goods, and that in an hostile manner as he hath done; How can it be said, that those mens Interests and Rights are preserved, they being the first Discoverers, of that Island, by vertue of the King's Commission, and planted there under the Government of Virginia, on the confidence they apprehended from the former assurances, and there began in great part the Trade of Furs.

How unjust an intrusion then will the Lord Baltamore's Patent appear, which overthrows the Interests of so many and such Persons: for the Company of Virginia were of a nature diversified from other Companies; which if it had not been founded on so good Grounds, yet their zeal and pious endeavours to propagate the true Christian Religion, enlarge the English Dominions, and to encrease the Trade and Strength of shipping, and considerably the Customes, do deserve justice, with addition of reward for so honourable and good intentions.

In the next place, to prove the Lord Baltamore's usurpation of Royal Jurisdiction and Dominion in Maryland, as absolute Lord and Proprietary, there needs no more then his Commissions and Processes running in this stile, viz. We, Us, and, Given under our hand and greater Seal of Arms, in such a yeer of our Dominion, &c. The Oath also, that he tenders to all his Subjects and the Inhabitants, such being the very words thereof, as by the Oath 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 Supream Authority onely, and is so appointed by the late Platform of Government, for all the Dominions of the Commonwealth, of which this is a part; and by a late Ordinance declaring Treason upon such penalty, that none ought to exercise any power, but in the Lord Protector's name; and these men acting so wilfully, cannot excuse themselves. By the ancient English Laws, all those Pleas that concern Life, and Member, and Pardons, cannot be done in the Name of any inferior Person; and all Writs, Indictments, and Process as heretofore, so must now only be in the name of the Lord Protector, and not in the name of the Lord Baltamore's, as he hath assumed in Maryland. And Whereas the Lord Baltamore pretends to the like priviledges as in the County-Palatine of Duresme, even those priviledges of Duresme, and all the other County-Palatines of England, were, and are taken away as dishonorable, and incongruent to the English Nation, by the Statute of the 27 Hen. 8. 25. With what strange confidence then doth the Lord Baltamore publish to the world, That these Royalties and Priviledges are warranted by his Patent, when as they are contrary to Law, and to the Government now established under his Highness, and to a Clause ill his Patent, wherein it is provided, That no Construction be made thereof, whereby the Government in the Common-wealth of England should suffer any prejudice or diminution.

Whereby it appears there was as good Cause to reduce Maryland as Virginia; the People, and General Assembly thereof also complaining of their Grievance, among many other exorbitant Usurpations of Lord Baltamore over them, as appears by their Complaint in Governor Green's time, made and Recorded there by a Committee of that Assembly: But 'tis known that Governor Green was deposed by Lord Baltamore, for suffering that Committee, and not for proclaiming the Kings Son, as he aleadgeth, when no such thing appears in rerum natura, nor no word in all his many Instructions, of the Parliament, much less of his pretended affection to them, or their friends, but clean contrary: And 'tis notoriously known that all the Lord Baltamore's Governors usually took the Kings part against the Parliament; and his Brother, Mr. Leo. Calvert, his only Governor while he lived there, ever declared himself against them: And to evince this irrefrageably, and clearly to demonstrate the management and complexion of this business, both Lord Baltamore himself, and his Brother, by long Solicitations at Oxford procured and sent over in Anno 1644. Commissions under the Kings Broad Seal, to surprize the Parliaments and London-ships in Virginia; and to impose Customs, raise Regiments, and Fortifie the Country against the Parliament; which appears by several Writings under the Lord Baltamore's Hand and Seal, (one of which is hereunto annexed.) They did with zeal proclaim the Kings Son, Charles the Second, at Maryland; and some that read it, and assisted therein, of the primest rank, are still continued Counsellors by him, and never a word of blame; whereas 'tis evident his own Interest is more than circumspectly watcht over, and contended for. How can he pretend that his Governor, Captain Stone, bare any affection to the Parliament, when without check from himself, in their Assemblies Laws, he used, the name of King, and His Majesty; and of Charles the First, when the Second was proclaimed there? And why did Lord Baltamore himself in England advisedly consent and approve those Laws in terminis, under his hand, 1650. if such had not been his own thoughts toward the Parliament? The Commissioners that were imployed by the Parliament to Reduce Virginia, Anno. 1652. were commanded to Reduce all the Plantations in the Bay of Chesapiak: and then, that all Writs should issue in the Names of the Keepers of the Libertie of England: They saw not how they could decline this service, well knowing how contrary to those Commands, and the Honor and Interest of the Parliament, the Government of Maryland was exercised; and think strange any should pretend assistance and supply of Victuals from Maryland to that Fleet, when no such thing ever was; that the Parliament Ships were entertained there in his Harbors, whenas never any of them came at Maryland, nor within near 100. miles thereof, save only the Ginny Frigot, who went thither to Reduce that Province; they knew his Governor had alwayes bore affection to the Kings side, that Charles the Second (as hath been said) was proclaimed there, that the Councel were all Papists, or indifferently affected, and that they refused to Govern the people by the Laws of England (another Clause in the Parliaments Commission) to which several of their actings, and even Lord Baltamore's Instructions were contrary, as in this particular, and many others, appears by the Reports of the Committee of the Navy, and the Councel of State, to whom the Parliament referred this Cause; a Copy of which Report is hereunto annexed: And they ruled in Maryland in such an absolute way and authority, as no Christian Prince or State in Europe exercises the like.

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

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

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

But the many illegal Executions and Murthers of several persons at the Isle of Kent by the Lord Baltamore's commands and his Officers; the Imprisonments, Confiscations of many mens Estates, and of Widows and Orphans, to the destruction of many Families there; especially his seizure of Captain Claiborn's Estate, though out of his Patent, because planted, to the value of 6000 pounds, with the great tyranny and wrong done there, although the then King Declared and Commanded the contrary, but was disobeyed by the Lord Baltamore's Agents, are too long to be inserted here.

Many Inconveniences and Losses hath Virginia suffered by Maryland, of which the continual Invitation and Entertainment of run-away servants, and protecting fugitive persons and indebted, is not the least: But above all, it is easie to be made appear that the Lord Baltamore hath continually ever since their seating there, interposed in the matters of Government in Virginia by the potency of his friends in the late Kings Court, both by placing and displacing the Governours, Counsellors, and Supream Officers, as they stood affected or were displeasing to him.

Mr. Bennet and Captain Claiborn being two of the Commissioners, that were imployed by the Parliament to reduce Virginia and Maryland, are strangely taxed by Lord Baltamore for being his declared enemies: indeed, it seems for their service to the Parliament, he is become implacable towards them, though Captain Curtis, another Commissioner now in England, and all Maryland can testifie how unwilling, and how tenderly they did any thing there, and how much they desired and endeavoured to have declined any intention, if either Captain Stone the Governour or the Councel, would have issued out Writs in the name of the Keepers of the Liberty of England, and have promised to govern according to the Laws of England; both which they refused under their hands: and the Commissioners being sent to Maryland, is since owned by the Report of the Committee of the Councel of State, and the Lord Baltamore taxed and blamed for not issuing out Writs as they required them; and therefore seems a bold aspersion for the Lord Baltamore to publish, that Maryland being struck out of their commission, was afterwards by some mistake put into the Commission the second time: and as strange it seems, that now since the reduction of Maryland the Lord Baltamore in opposition and contempt of the Supream Authority of England, should cause his Governor and Councel most falsly and rebelliously to revolt and recede from the same, and give instructions under his own hand, as he had lately done, to issue out all Writs and Proceedings in his own name onely: which they have accordingly done, and not the least mention of the Lord Protector's name in all their Government. This the said Commissioners, though they received confirmation of their Commission from the Parliament under the Seal, (the Original the first time miscarrying) yet bore with a long time onely by Letters out of Virginia, admonished Captain Stone and that Councel of their error, and protested against their actings: but they continued obstinate. The Commissioners were desirous still to expect and attend a settlement and determination out of England, and to intermeddle as little as they could. But about a yeer since Lord Baltamore sends over Instructions and Commands to Captain Stone and his new made Councel, all or most Papists, or indifferent, to seize the Lands and Estates of all such as would not take the Oath of fidelity (as he stiles it) before specified. But the people of Maryland generally abhorred this Oath and justly as is conceived, especially those of Patuxent and Severn declined to take it, as being against their Engagement, incompatible with their subjection to the Commonwealth of England, and incongruous to swear to serve two absolute Superiours, 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, Severn, 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 Claiborn with onely two men in July last went thither in a Boat, yet using all fair 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 and the present ruine of hundreds of Families to interpose to have that Oath suspended, and the Government managed in the Lord Protector's name; (which being denied to avoid bloodshed, they re-assumed the Government out of those hands that so ill-managed it, and placed it in others for the time being under his Highness the Lord Protector, until he should please to signifie his further pleasure) will appear in a Declaration then and herewith published, together with the peoples Petition, the Commissioners answer thereunto, and an Order for setling the Government in the hands of Captain Willam 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 againt them as abettors in mutiny and sedition; chides, and upraids Captain Stone for cowardise, provokes him to fighting and bloodshed, (a course too often acted in Maryland) appoints another Governor in case he decline it, and yet sends no revocation of the Commissioners reducement, though he acknowledges he sought it earnestly of the Lord Protector but could not obtain it; yet to blinde and delude Captain Stone and his Counsel, there came over a Letter of Recommendation from his Highness of one Captain Barbar, and by what practise or mistake is not known, a subscription thereon to Captain Stone Governour of Maryland. And by this (together with a Copy of that Petition of the Merchants and others trading to Virginia, brought in by Mr. Eltonhead, and sent over by Lord Baltamore,) Captain Stone, and all Maryland fall to arms, and disarm and plunder those that would not accept the aforesaid Oath. A part of them at last stood upon their guard, onely sought to Captain Stone to shew his Commission, and they would submit; he caused to imprison their Messengers, and being of far greater number, assaulted them at their houses, threatens to have their blood, calls them Round-head Rogues and Dogs, brought whole bagfuls of chewed Bullets, rolled in powder, saying, The Devil take him that spares any; and so falls on upon the day dedicated to the Virgin Mary, with the word Hey for St. Mary: but the Protestants commanded their men not to shoot upon pain of death, until some being slain by a 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 admiration,, together with the success, and the evils drawn upon themselves, appears by the relation thereof, at this time also published by a Messenger from thence.

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

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

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

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

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

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

For which purpose, you, or any two or more of you, (wherof Captain Robert Dennis to be one) have hereby power to assure, pardon, and indemnity to all the inhabitants of the said Plantations that shall submit unto the present Government, and Authority as it is established in this 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 shal not submit by fair wayes, and meanes you are to use all acts of hostility that lies in your power to enforce them, and if you shal find the people so to stand out as that you can by no other wayes or 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 within every of the plantations aforesaid, for the furtherance and good of the service, and such persons as shall come in unto you and serve as soldiers, if their masters shal stand in opposition to the present Government of this Commonwealth, you or any two or more of you whereof capt. Rob. Dennis to be one, have hereby power to discharge, and set free from their masters all such persons so serving as souldiers.

You shall cause and see all the several Acts of parlament against Kingship, and the house of Lords to be received and published; as also the Acts for abolishing the Book of common prayer, and for subscribing the ingagement, and all of their Acts therewith delivered to you.

You or any two or more of you have ful power to administer 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 Lords: You or any two or more of you, whereof cap. Robert Dennis to be one, have power to give liberty to the inhabitants, and planters who shall have taken the engagement formerly mentioned to choose such Burgesses as they shall think fit, and send to the place you shal appoint for the better Regulating and governing affairs there; provided that nothing be acted contrary to the Government of the commonwealth of England, and the Laws established.

You shall cause all Writs, Warrants, and other processe whatsoever to be issued forth as occasion shall require, in the name of the Keepers of the Liberty of England, by authority of Parliament.

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 commander of the Guinny Frigot is hereby impowered 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 dilligence, and care in carrying on of this affair of consequence with which you are intrusted, and that by your good endeavours it will have a good issue, so the Counsel wil take the same into consideration that respect may be had of your pains, and travel therein, and of a recompence agreeable to your service, when the same shall be compleated, and work upon which you are imployed shall be finished.

Signed in the name and by order of the Councel of State appointed by authority of Parlam.

Committee Navy 31 December: 1652.

IN pursuance of an order of Parlament of the 31 Aug. 1652. whereby the 4. and part of the 7. and 8 Articles agreed on at James City for the surrendring, and setling of plantation of Virginia, with certain parchments concerning Mariland, and the petition of the Inhabitants of Virginia, are referred unto this Committee to consider what patent is fit to be granted to the said Inhabitants of Virginia, and to hear all parties, and to consider of their particular claims, and to report the same unto the Parlament.* This Committee upon examination of the matter of fact, and upon hearing both parties, and their Counsel, do find, and humbly certifie.

That by a Patent dated the 23 day of May, in the 7th year of King James, there was granted to divers Adventurers and Planters by the name of the Virginia Company, all those Lands, Countries, and Territories scituate in that part of America called Virginia, from Cape, or point comfort all along the sea coast to the Northward two hundred mile; and from the 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 precinct aforesaid up into the Lands throughout from sea to sea, West and Northwest, and all the Islands lying within 100 miles along the coast of both seas of the precincts aforesaid, with the soyls &c. thereunto belonging to hold to them and their heirs forever under the several reservations therein mentioned.

That the said patent was afterwards by a Quo warranto 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 collony or parcel of ground in America then uncultivated, 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 Land 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 Delawar Bay, and from Delawar Bay to Potowmeck River, and so along to Watkins point, together with the Islands thereunto belonging, and by the said patent called the Province of Mariland. To hold the same in as ample manner as any Bishop of Durham, within the Bishohprick or County palatine of Durham in England, heretofore ever held or injoyed, and to hold the same in free and common soccadg. as of the Castle of Windsor, Reserving to the King, his Heirs, and successors faith, allegiance and dominion, and two indian arrows yearly with the fifth part of all gold and silver Oar found in and upon the said province, and also liberty for any the people of 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 patent, power is granted to the Lord Baltemore, and his heirs to make Laws by and with the Counsell assent, and approbation of the Freemen of the said Province, or the Major part of them, that shal concern life, or Member as often as his Lordship shal think fit, &c. so as such Laws be consonant to reason, and not repugnant, nor contrary, but as neer as possible may be agreeable to the Laws of this Nation.

That by the said Patent the said Province is separated from Virginia, but by express provisoe declared to be subject, and depending upon the Crown of England. And in case any doubts arise about any claim in the said patent, the same were to be decided by the Courts of England.

It also appears by examinations taken by this Committee that Kentish Island was before the date of the said Patent part of Virginia, and planted, and inhabited by Cap. Claiborn three years before the arrival of the Lord Baltemores Agents in Maryland, and that Burgesses sat in the Assembly at James Town in Virginia for the said Island. And that the Virginians had the sole possession of the Bay of Chesopiack, and a free Trade with the Indians.

That in the yeer 1633. upon the arrival of the Lord Baltemores Agents in Maryland, the Virginians were prohibited from trading with the Indians, in any part of Maryland, which formerly they had accustomed, whereupon severall differences arose between capt. Claiborns men, and the L. B. planters, and capt. Clayborn continuing his trade, a Vessell called the Longtail was seised upon by the Marilanders, and one Lieutenant Warren (with some others whom he sent to rescue the said Vessell) were killed by the Marilander in that attempt in Potomoke River. That the goods of Mr. Harman, and others were all seised by the Lord Baltemores Agents, and at length after three yeares suffering, Captaine Claiborn was forsibly disseisd, and dispossest of his plantation in Kentish Island; and forced for safety of his life to fly into England, and ever since that L: B. hath had possession of the said Island, not suffering any of the Virginians to trade in the said Bay without ceisure, and confiscation of their Goods.

It likewise appears unto this Committee upon perusal of the several parchments mentioned in the Order of Parlament, that the L: B. hath constituted forms of Oaths, and injoyned the taking thereof by all persons as wel Officers, as others within the said province, and that not to the King, but to himself, and that he hath issued out Writs in his own name, all his Commissions and processe running in this stile (viz.) we, us, and given under our hand, and greater seal of arms in such a yeer of our Dominions over the said Province. That he hath likewise appointed an upper and lower house of Assembly and also a privie counsel of State, which is not mentioned in the said patent. And we further find that several of the Laws made by the said Lord Baltemore are not agreeable to the Laws, Statutes, and customes of England, as for instance.

That the Lands sold by the said Lord Baltemore are directed to be purchased and held of him, and his Heirs only in soccadg as of the Mannor: &c.

That the Oaths hereafter mentioned must be taken by all that shal bear Office, or shall inhabite, 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 fit.

The Oath of the Lieutenant or chief Governor of the Province of Maryland.

I A. B. doe Sweare I will be true and faithfull to the Right Honourable Cecilius, Lord Baron of Baltemore, the true and absolute Lord and Proprietary of this Province of Maryland, and his Heires, and him and them, and his and their Rights, Royall Jurisdictions and Seigniory, all and every of them into or over the said Province and Islands thereunto belonging. Will at all times Defend and Maintaine to the utmost of my power; and will never accept of, nor execute any Place, Office, or Employment within the said Province, any way concerning or relating to the Government of the said Province, from any person or Authority, but by, from, or under the hand and Seale at Arms of his said Lordship, or his Heires or Assignes, 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 Lordships Commission or Commissions to me, and will willingly yield up the said Commission and Commissions againe, and all Offices, Powers, and Authorities granted or to be granted by them or any of them, into the hands of his said Lordship, and his Heires and Assignes, or to such person or persons as he or they shall appoint, whensoever he or they shall appoint me so to doe, and shall signifie the same to me in writing under his or their hand and Seale at Armes. And will not presume to put in execution, or attempt to execute any Office, Power, or Authority granted unto me by any of the said Commissions, after that his Lordship, his Heires or Assignes, Lords and Proprietaries of the said Province shall repeale them or any of them respectively by any writing under his or their respective hand and Seale at Armes, and that the said Repeale be published in this Province. I will doe equall Right and Justice to the poore and to the rich, within the said Province, to my best skill, judgement, and power, according to the Lawes and Ordinances of the said province, and in default thereof according to my conscience, and best discretion, and the power granted and to be granted to me by his said Lordships Commission or Commissions; I will not for fear, favour or affection, or any other cause, let, hinder, or delay Justice to any, but shal truely execute the said Office and Offices respectively according to his said Lordships Commissions to me in that behalf, and to the true intent and meaning thereof, and not otherwise, to the best of my understanding and Judgment. I wil not know of any attempt against his said Lordships person, or his Rights or Dominion into, or over the said province, and the people therin, but I will prevent, resist, and oppose it with the utmost of my power, and make the same known with all convenient speed to his said lordship, and I will in all things from time to time as occasion shal serve faithfully counsel and advise his said Lordship according to my heart and conscience; And I do further swear I will not by my selfe, nor any other person directly, trouble, molest, or discountenance any person whatsoever in the said province professing to beleeve in Jesus Christ, and in particular no Roman Catholick, for or in respect of his or her Religion, nor his or her free exercise thereof within the said province, so as they be not unfaithful to his said Lordship or molest or conspire against the civill Government established under him, nor will I make any difference of persons in conferring Offices, Rewards, or Favours proceeding from the Authority which his Lordship hath conferred on me as his Lieutenant here, for or in respect to their said Religion respectively, but meerly as I shall find them faithful and wel-deserving of his said Lordship, and to the best of my understanding endowed with morall vertues and abilities fitting for such Offices, Rewards or Favours, wherein my prime aim and end shall be from time to tune sincerely the advancement of his said Lordships service here, and the publick unity and good of the Province without partiallity to any, or any other sinister end, whatsoever. And if any other Officer or persons whatsoever shal during the time of my being his said Lordships Lieutenant here, without my consent, or privity molest or disturb any person within this province professing to beleeve in Jesus Christ meerely 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 relieve any person so molested, or troubled, whereby he may have Right done him for any damage which he shal suffer in that kind, and to the utmost of my power wil cause all and every such person or persons as shal molest or trouble any other person or persons in that manner to be punishment. I wil faithfully serve his lordship as his Chansellor and Keeper of his great Seal of this Province committed to my charge and custody by his said Lordships Commission to me, to the best of my skil, and understanding I will cause the impression in Wax of the said Seal to be affixt'd to all such things as I have, or shal from time to time receive commission or Warrant for so doing from his said Lordship under his hand and Seal at arms; and that it shall not be affixt'd to any other Writing, or thing whatsoever, directly or indirectly with my privy consent, or knowledg, I wil do my best endeavour carefully to preserve the said Great Seal in my custody so long as it shall please his said Lordship to continue me in the charge, and keeping thereof, to the end that it may not be lost, stollen, or unlawfully taken from me; And whereby any other Person may affix the impression thereof unto any Writing, or thing whatsoever without Authority for so doing lawfully derived, or to be derived from, by, or under a commission or Warrant under his said Lordships Hand and Seale at Arms, and that I will truly and faithfully deliver up againe the said great Seal into the hands of such Person or Persons as his said Lordship, or his Heirs shall appoint, when his, or their pleasure for that purpose shall be signified to me under his, or their hands and Seale 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 faithfullly and truly acknowledge the Right Honourable Cecilius Lord Baron of Ba1temore to be the true and absolute Lord and Proprietary of this Province and Country of Maryland, and the Islands thereunto belonging; and I do swear that I will bear true faith unto his Lordship, and his Heires as to the true and absolute Lords and proprietaries of the said Province and the Islands thereunto belongng, and will not at any time by words or actions in publick or private, wittingly or unwillingly to the best of my understanding any way derogate from; but will at all times as occasion shall require to the uttermost of my power defend and maintaine all such his said Lordships and his Heires Right, Title, Interest, Priveledges, Royal Jurisdiction, Prerogative, propriety and Dominion over, and in the said province of Mary1and, and the Islands thereunto belonging, and over the people who are or shall be therein for the time being as are granted or mentioned to be granted to his said Lordship, and to his Heirs by the King of Eng1and in his said Lordships patent of the said province under the Great Seale of England, I do also swear that I will with all expedition discover to his said Lordship, or his Lieutenant or other chief Governor of the said province for the time being, and also use my best endeavours to prevent any plot, 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, or which shal tend any wayes to the disinherison 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 Hereditants 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 or knowingly from any other person or persons not deriving a legall Title thereunto from or under some Grant from his said Lordship, or his said Heirs legally passed or to be passed under his or their Great Seal of the said province for the time being, so help me God and by the Contents of this Book.

The Oath of a Counsellor of State in Maryland.

I A: B. Do swear that I will be true and faithfull to the Right Honorable Cecilius Lord Baron of Baltemore, the true, and absolute Lord and Proprietary of this Province of Maryland, and his Heirs, and him and them: and his and their Right, Royal Jurisdictions and signiory, and every of them into and over the said Province and Islands hereunto belonging wil at all times defend and maintaine to the utmost of my power, and will never accept of, nor execute any Place, Office, or Imployment within the said Province, any way concerning or relating to the Government from time to time, but from his said Lordship, or his Heirs, Lords, and proprietaries of the said Province, under his or their Hands and Seal at Arms, The peace and welfare of the people of this Province I will ever procure, as far as I can: I will aid and assist the adminstring and execution of Justice in all things to my power: to none will I delay or deny Right, for fear, favor, or affection; I will to my best skill, and according to my heart and conscience, give good and faithful Counsel to the said Lord and Proprietary, and his Heirs, and to his, and their 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 Councel, and faithfully declare my mind and opinion therein, according to my heart and conscience: And if any of the said Treaties and Councel shall touch any the Privy Counsellors of this Province, I will not reveal the same to him so touched or concerned, but will keep the same secret until such time as by the consent of the Lord Proprietary, or chief Governor here for the time being, publication shall be made thereof; I will as a Counsellor, as a Justice, and Commissioner, for conservation of the peace of this Province, do equal right unto the poor, and to the rich, to the best of my understanding and judgment, according to the Laws from time to time in force within this Province; and in default thereof, according to my best discretion, and generally in all things will do as a faithful Counsellor to the Lord Proprietary; And I do further Swear, I will not by 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 Catholick, for, or in respect of his or their Religion, nor in his or her free exercise thereof within the said Province, so as they be not unfaithful to his said Lordship, nor molest or conspire against the Civil Government established under him. So help me God, and the Contents of this Book.

That whosoever shall call anyone an Idolater, Papish Priest, Jesuite, Jesuited Papist, &c. to forfeit ten pounds; and that no Papist shall be troubled for exercise of his Religion, so as they be faithful to his Lordship.

Whosoever shall be accessory to the running away of an Apprentice, shall suffer death; but the party himself, if apprehended, to serve his time double.

Whosoever shall counterfeit his Lordships Seal or Sign Manual, shall suffer the loss of his hand, imprisonment during life, or pains of death, or confiscation of Lands or Estate, or any one or more of them as the Governor, and Chancellor, and Councel, shall think fit.

His Lordship suffers Dutch, French, or Italian Descents to plant, and enjoy equal priviledges with the British and Irish Nations.

And lastly, In one of his Laws he mentions the High and Mighty Prince Charles, the First of that name; and in another expresseth, That none shal transport any Tobacco's in any Dutch Vessel bound for any other Port than his Majesties.

Unto all which Exceptions, Answer having been made by the Lord Baltamore, which is hereunto annexed; the same is humbly submitted to the Judgment and further direction of this Honorable House.

It hath been confessed by the Lord Baltamore, That one Captain Green his 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 saith he did by a Writing under his hand and seal (which is one of the parchments remaining with this Committee) revoke the Commission granted to the said Captain Green, and appointed one Stone in his room: but there is no such cause mentioned in the said Writing.

It likewise appears, That in March 1651. the Governor and Councel of Maryland, being required by the Commissioners that were sent thither, to issue forth Writs in the Name of The Keepers of the Libertie of England; they refused the same, saying, They could not do it without breach of their Trust and Oath.

To the Honourable, Richard Bennet, and Col. William Claibourn, Esqires, Commissioners of the Commonwealth of England, for Virginia and Maryland.

The Humble Petition of the Commissioners and Inhabitants of Severne, alias, Ann Arundel County.

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 priviledges of English Subjects; And your Petitioners did upon this ground, with great cost, labor, 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 Lordships use. This Oath we conceive not agreeable to the terms on which we came hither, nor to the liberty of our Consciences as Christians and free Subjects of the Common-wealth of England: Neither can we be perswaded in our Consciences by any light of God, or engagement upon us, to take such an Oath; but rather humbly conceive it to be a very real grievance, and such an oppression as we are not able to bear; neither do we see by what lawful power such an Oath, with such extream penalties can by his Lordship be exacted of us who are free Subjects of the Common-wealth of England, and have taken the Engagement to them. We have Complained of this grievance to the late honorable Councel of State in a Petition subscribed by us, which never received any answer, such as might clear the lawfulness of such his proceedings with us: but an aspersion cast upon us of being Factious fellows; neither have we received any Conviction of our error in not taking the said Oath, nor Order by that power, before whom our Petition is still depending, to take it hereafter; neither can we believe that the Common-wealth of England will ever expose us to such a manifest, and real bondage (who assert themselves, The maintainers of the lawful Liberties of the Subject) as to make us Swear absolute subjection to a Government, where the Ministers of State are bound by Oath to countenance and defend the Roman Popish Religion, which we apprehend to be contrary to the Fundamental Laws of England, the Covenant taken in the three Kingdoms, and the Consciences of true English Subjects: and doth carry on an arbitrary power, so as whatever is done by the people at great costs in Assemblies, for the good of the people, is liable to be made Null by the negative Voice of his Lordship; But affirmative Propositions and Commands are incessantly urged, and prest, and must not be denied.

In Consideration whereof, we humbly tender our Condition and Distraction, upon this occasion falling upon the hearts of all the people, to your view and Consideration, intreating your honors to relieve us according to the Cause and the power wherewith you are intrusted by the Common-wealth of England: the rather, because upon such an exigent as this, we have none to flie to but your selves the honorable Commissioners of the Common-wealth of England; not doubting but God will direct you into what his mind and will is in this matter concerning us, and that you will faithfully apply your selves to our Redress ill what is Just, and our lawful Liberty; which is the Prayer of your poor Petitioners.

Subscribed by Edw. Lloyd, and 77. persons of the House-keepers, and Freemen, Inhabitants.

To the Honorable Richard Bennet, and Colonel William Claibourn, Esquires, Commissioners for the Common-wealth of England, within the Bay of Chesopiak.

The humble Petition of the Inhabitants of the North-side of Patuxent River in the Province of Maryland.

THat we being reduced by your Honors from that Tyrannical power exercised over the people of this Province by the Lord Baltamore and his Agents, unto the Obedience of the Common-wealth of England, to which Government we have Subjected and Engaged, and have by your Honors been often enjoyed reall conformity and obedience to the same, and not to own any other power or Authority as we will answer the contrary: In subjection whereunto, we have had peace and freedom hitherto, which with all thankfulness we cannot but acknowledg, and in our continued obedience, do expect from the Parliament next under God continued peace, liberty, and protection from the pride, rage, and insolency of their, and our adversaries: Now so it is, may it please your honors, that of late the Lord Baltamore doth by his Order and Agents, seek to set over us the old form of Government formerly exercised by him in this Province, which we did conceive, by the blessing of God upon your honors endeavors, had been fully made Null and void; yet notwithstanding, by the Arbitrariness of his own will, he appoints Laws for us, and sets up Popish Officers over us, outing those Officers of Justice appointed by you; issuing forth Writs in his own name, contrary to your honors Order and appointment: And doth by Proclamation under his own Hand, and in his own Name, impose an Oath, which if refused by us, after three months, all our Lands and Plantations are to be seized upon to his Lordships use: And if taken by us, we shall be ingaged at his will to fight his battels, defend and maintain him in his Patent, as it was granted to him by the late King, &c. Which Oath, we humbly conceive, is contrary to the Liberty and freedom of our Consciences, as Christians, and contrary to the fundamental Laws of England; contrary to the Engagement we have taken in Subjection to the Common-wealth of England, and unsutable to Freemen, to own any other power than that to which we belong, and to whom we are, and have Engaged; and contrary to the Word of God, to fight for, and defend, and maintain Popery, and a Popish Antichristian Government; which we dare not do, unless we should be found Traytors to our Country, fighters against God, and Covenant-breakers.

The Premises Considered, we humbly spread our Condition before your view and Consideration, hoping that as you are Commissioners for the Common-wealth of England, and that power which God hath put into your hands, that you will up, and be doing, in the name and power of our God, that we be not left for our faithfulness as a prey to ungodly, and unreasonable men, before we can make our Complaint and Grievance known to the Supream Authority of England; which with all readiness we shall endeavor to do by the first opportunity; and from whom we do hope, and shall expect, by God's blessing, to have a gracious Answer, and sutable Redress; And your Petitioners hereunto Subscribed, shall pray, &c.

An Answer to the Petitions lately Received from the lnhabitants of the Rivers of Severn and Patuxent.

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 Common-wealth of England, to which they were reduced by the Parliaments Commissioners; to the contrary whereof, nothing hath been sent out of England, as far as is yet made appear unto us; But Duplicates and Confirmation of the Commissioners Power and Actions were sent from the Parliament since the Reduction of Virginia and Maryland. Now whereas, you Complain of real Grievances and Oppressions, as also of the Imposition of an Oath upon you against the Liberty of your Consciences, which you say you cannot take as Christians, or as free Subjects of the Common-wealth of England; We have thought good to send you this Answer, That because we, nor you, have not as yet received, or seen sufficient order, or directions from the Parliament and State of England, contrary to the form to which you were Reduced and Established by the Parliaments said Commissioners; Therefore we advise and require you, that in no Case you depart from the same, but that you continue in your due Obedience to the Common-wealth of England, in such manner as you, and they, were then appointed and engaged; And not to be drawn aside 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.

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 Common-wealth of England, by the Parliaments Commisioners 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 Councel 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 England, 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 Councel 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 publickly, and after long Advice and Consideration: And having rejected, and cast off their said Obedience to the Common-wealth of England, have further refused to Govern this Province according to the Laws of England, but declare and assume a power and practice contrary thereunto, and contrary to the late Platform of Government of the Common-wealth of England, Scotland, and Ireland, and the Dominions thereof; As namely, by the Governors Negative Voice in Assemblies, and his chusing 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 Councel 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 Roya1 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 Lordships Governor, is thereby required to cause the said Lands to be entred, and seized upon, to his Lordships 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 Patuxant and Severne, have made their often Addresses to us, as some of the then 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 Fidelitie to the Common-wealth 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 Councel, 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 Sheeps 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 justifie and manifest our proceedings in these Affairs, lest many people may be ensnared by false and cunning suggestions and pretences, as lately hath been practised herein, the falsitie whereof time hath sufficiently demonstrated; And we are ready to give further satisfaction for the truth or any of the particulars before alleaged, 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 ought 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 practises, that they may be accomptable, 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.

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 Enjoyned by the Direction, and Appointment of the Right Honorable, 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 Councel which were appointed by his Lordship, and no other; And whereas Upon my Compliance with his Lordships Commands therein, not any wayes contradictory, so far as I understand, to any Command from the Supream Authority in England; the said Commissioners, in pursuance of their Declarations lately here published, have threatned, 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 ruine 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.

Order for settling the GOVERNMENT of MARYLAND.

WHereas by several Orders drawn up and Published at St. Marie's the 29. of March, and the 28. of June, 1652. Maryland was Reduced and settled under the Authority and Obedience of the Common-wealth of England, as to the Government thereof, by special Order and Command of the Councel 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 Common-wealth 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 perswaded, 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 Councel, and imposing an Oath upon the Inhabitants, contrary unto, and inconsistent with the said Engagement and Oath to the Common-wealth 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 Entred upon, and Seized to his Lordships 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 Common-wealth 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 Common-wealth 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 threatned, 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, applyed themselves unto Captain William Stone the Governor, and the Councel 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 Souldiers in Arms, intending to surprize 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 Common-wealth 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 or the people of Patuxent and Severne, went over the River of Patuxent, 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 condesended 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 publick 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. Edward Wells, and Mr. Richard Ewen, or any Four of them, whereof Captain William Fuller, Mr. Richard Preston, or Mr. William Durand to be alwayes 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 neer 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, Subpoena's, &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 Catholick Religion. And the said Mr. William Durand is hereby appointed to be Secretary to the said Commissioners, and to receive the Records from Mr. Thomas Hatton; And Captain John Smith, to be Sheriff for this ensuing yeer.

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 then for necessary supply for Cloathing 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 joyned 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 accompt; 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: Know ye 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 vertue 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, rendring 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 revoke at his will and pleasure, and to pay and discharge the said Salaries and Entertainments, as I my self have, or may, or might claim to have by force and vertue of the said Contract or Agreement; And further, to do, execute, and finish all and every such further, and other Acts and things which 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. Annoq; Regis Carols Angl. &c. vicessimo.

NOTE.--Page 20. THIS refers to a fact connected with the surrender of Virginia, which, as far as I have observed, has been entirely overlooked by the historians who have noticed that event. Although the Commissioners, in the Articles agreed upon between themselves and the Assembly, on the 12th of March, 1652, engaged "the honour of Parliament for the full performance thereof," yet it appears that until the Articles were approved and confirmed by the Parliament, they were not considered by that body as binding upon the Commonwealth: And when the Council of State communicated the papers on teh subject to the House, it will be seen by the following extracts from the Journal, that three of the Articles, (the fourth, seventh, and eighth,) were not confirmed; and therefore did not receive "the last formal and final and definitive ratification," which Burcke (II. 92,) supposes they did. Thsee three articles contained the important concessions, often referred to, relating to limits, privileges, and freedom from Taxes, Customs, and Impositions. TUESDAY, August 3, 1652. Ordered, That the Council of State do make a speedy Report, touching the Articles of the Barbadoes. FRIDAY, August 13, 1652. Resolved, That the Reports, touching the Barbadoes and Virginia, be made on Tuesday next, next after the Report touching the Compositions. WEDNESDAY, August 18, 1652. Ordered, That the Articles for the rendition of Virignia, be reported on Friday morning next. The House did, this day, take into consideration the Articles made upon the sureender of the Barbadoes. Resolved, That the House doth approve of, and confirm the said Articles, provided that the same, nor any thing therein contained, shall not extend to the prejudice of any Third Person, as to any of the Plantations mentioned in the said Articles; nor to confirm the Lord Willoughby, or any other Person by his authority, in the place of Governor or Commander of or in any Government or Command, in any of the Plantations afresaide, or elsewhere. THURSDAY, August 26, 1652. Ordered, That the Articles touching Virginia be read, to-morrow morning, the first business. FRIDAY, August 27, 1652. Ordered, That the Articles touching the surrender of Virginia, be taken into consideration on Tuesday morning next, the first business. TUESDAY, August 31, 1652. Mr. Love reports from the Council of State, a copy of a letter from Richard Bennett, Edmond Carew, and William Claiborne, dated at Virginia, 14th of May, 1652, with a copy of the Articles agreed on, and concluded at James City, in Virginia, for the surrendering and settling that Plantation, under the obedience and government of the Commonwealth of England: Which were this day read. A Letter from Richard Bennett, from aboard the Guinny Frigat. in Virginia, dated May 15th, 1652, was this day read. The humble petition of Cecil, Lord Baltamore, and divers Adventurers, Planters, and Traders, into that part of America, called Maryland, adjoining to Virginia, was this day read. The First Article being read; Resolved, That the word "there," in the First Article, be explained, and made "in England." And the said Article being so amended was agreed unto. The Second Article being read, was agreed unto. The Fourth Article being read; ["4thly, That Virginia shall have and enjoy the antient bounds and "lymitts granted by the Charters of the former Kings, And that we shall "seek a new Charter from the Parliament to that purpose against any that "intrencht upon the rights thereof."] Ordered, That this Article be referred to the Committee of the Navy, to consider what patent is fit to be granted to the Inhabitants of Virginia: And to hear all parties; and to consider their particular claims; and to report the same, with their Opinion, to the Parliament: With power to send for Persons, Papers, Witnesses, and Records. Ordered, That the Parchments delivered in, concerning Maryland, be also referred to the same Committee. The Fifth Article, being read, and put to the Question, was agreed. The Sixth Article, being read, was upon the Question, agreed. The Seventh Article, being read; Resolved, That these words, "that Commonwealth," be explained in these words, "the Commonwealth of England:" And the first part of the said Article, so amended, was agreed. Resolved, That the latter clause of the said Article, in thse words, "and that Virginia shall enjoy all Privileges equal with any Plantation in America," be committed to the same Committee, to be considered of the patent to be granted to them. The Eighth Article, being read; ["8thly, That Virginia shall be free from all Taxes, Customes, and "Impositions whatsoever, and none to be imposed on them without consent "of the Grand Assembley, And soe that neither ffortes nor castles be "erected or garrisons maintained without their consent."] Resolved, That this Article be committed to the same Committee. The Ninth Article, being read, and put to the Question, was agreed. The Tenth Article, being read, and put to the Question, was agreed. The Eleventh Article, being read, and put to the Question, was agreed. The Twelfth Article, being read, and put to the Question, was agreed. The Thirteenth Article, being read, and put to the Question, was agreed. The Fourteenth Article, being read, and put to the Question, was agreed. The Fifteenth Article, being read, and put to the Question, was agreed. Ordered, That the Petition of the Inhabitants of Virginia, and the Papers thereby reported from the Council, be referred to the same Committee. The Report of the Committee of the Navy, made on the 31st of December following, as given in this Pamphlet (p. 20-22,) while it enters at large into the disputes between Virginia and Maryland, about their respective limits, and the conduct of Lord Baltimore, does not refer to the equally important matters contained in the Seventh and Eighth Articles, which has also been referred. I have not found this Report, nor any allusion to it, on the Journals of Parliament. P.F.

First Hand Accounts