USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 101
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merchants and shopkeepers, who make a prey of them and their labours, by sup- plying their necessities with commodities at such unreasonable rates, that they are usually forced to pay fifty or sixty pounds weight of tobacco for a pair of shoes, with such like unconscionable advantages in several other merchandizes, that the poor planters have had scarce necessaries for their bodies, but have engaged the most part of their crops beforehand, to their said merchants and shopkeepers, in so much that they only labour and toil to enrich those that thus work upon their ne- cessities, without any ability either to satisfy us our ordinary duties, or to apply themselves to more noble and stable commodities whereby they may become of consequence to our crown of England ; which unjust and unconscionable course of the said merchants and shopkeepers (as we are likewise informed) have some years past been so grievous unto the said planters, that they have, contrary to expectation, been forced, not only to petition for abatement of our ordinary cus- toms and imposts, but have in extreme necessity begged their bread from door to door, without any help or relief from the said merchants and shopkeepers: by which means, and out of the woful experience of their miseries, they have been of late years compelled to offer their tobacco to divers of the merchants of Lon- don, tendering unto them a contract for some term of years, which being refused, they have since been forced to send the most part of their tobacco for foreign parts, without any payment of our ordinary duties, any regulation either in quality or quantity of tobacco, or any respect to us or our dominions, from whence they have annual support of men, munition, and provisions, and this contrary to our royal command in our several proclamations, and several orders of our councel in that behalf; by all which, and other indirect and disorderly proceedings in the said plantations, we apparently see the danger of their utter ruin, besides the loss of those just profits that do belong unto us. And, being lately solicited by divers of that body, (who do sensibly groan under the burden, ) to take all these grievances into our royal consideration. And, finding, that in their infancies, as yet the chiefest commodity that must support and enable them to more stable commodities, is this of tobacco, for which, if they fail of an indif- ferent and reasonable rate, the said planters must wholly be disabled and im- poverished. Having advised with our lords and others of our privy counsel, we are resolved, and our will and pleasure is, to have hereafter the sole pre-emption of the said tobacco growing upon our said plantations ; and that at such rates and prices as shall be found fit, (having respect to the support of the said colo- nies ; and being moved to make choice of some fit and able persons who have experience of the value and quality of the said several sorts of tobacco, as also of the condition of the present state of the said plantations, and have observed the great necessities and miseries they have endured by the irregular planting and ordering thereof, and unconscionable practices put upon them in the sale there- of : Know ye, therefore, that we reposing especial trust and confidence in your fidelity, long experience, and diligence, have nominated, constituted, and ap- pointed, willed and required, and by these presents do nominate, constitute and appoint, will and require you, the said sir Wm. Russell, sir Wm. Uvedale, sir Dud- ley Diggs, sir John Wolstenholme, the elder, sir Sampson Darell, sir John Wols- tenholme, the younger, sir Abraham Dawes, sir John Jacob, Henry Garaway, An- thony Abdy, John Latch, John St. Almond, Isaac Jones, Marmaduke Royden, Ro- bert Oxwick, John Slang, Philip Burlamachy, Edward Ditchfield, Reuben Burne, and Geo. Brumley, to be our commissioners :- Giving, and by these presents grant- ing unto you, and unto any seaven or more of you, (whereof you, the said sir John Wolstenholme, the elder, sir John Wolstenholme, the younger, sir Abraham Dawes or sir John Jacob, to be one,) full power and authority to call before you all such person and persons as have any interest in the plantations of Virginia, Bermudas, the Caribe islands, or any other of our English colonies, and ac-
,
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quainting them with this our royal will and pleasure, to require them to declare unto you, or any such seaven or more of you, their several interests, and to de- mand and know what quantities of tobacco they have upon their several planta- tions, what they expect upon their returns, and when they shall have the same : And in our name to treat and contract with them, either in part or company, for their several quantities ; that their several quantities being taken off at reason- able rates, and in different days of payment, they may bring no interruption in our intended contract with the planters themselves, upon the said plantations: And because many of them upon some private end may seem unwilling to make this contract, alleging that the planters inhabiting in the said colonies are the chief owners and ingrossers of the said tobacco, and that there is little be- longing to them, but for satisfaction of several parcels of goods and wares which they have served into those colonies, for which they have no payment but by tobacco, These are to require you and authorise you, and any such seaven or more of you, to assure, on our behalf, the said planters and owners, that we are now sending our commission into every of the said plantations to treat and con- clude the contract there ; and that we hold it fitting, first to begin at home, that the said planters may see we have omitted nothing that shall conduce to this service, or that may take away any obstacles there upon pretences of debts or otherwise. And if any of the said debts shall appear to be of so great value, you are likewise to enquire of the condition of them, and whereupon they grow, that if it shall be found just and fitting, we may give order to examine the same there also, and to regulate such order to the merchants and shopkeepers here as shall be reasonable for their gain, and not now oppressive and burthensome to the said poor planters. And because the season calls upon a dispatch in this busi- ness; and that we may be the better informed of all difficulties that may arise in the same, Our will and pleasure is, that you forthwith give us an account of your proceedings and conclusions herein : And if any opposition be made, as in all business of this nature the beginnings are full of doubts and interruptions, our will and pleasure is, that you certify unto us the names of such that are refractory to our commands ; and if they shall demand greater rates than you on our behalf shall think fit to be given, or shall make any other pretences why they should not submit themselves to this our royal pleasure, wherein our aim is not for our own private profit, as for the support of our said colonies and preservation of our subjects who live and reside there : Our will and command is also that you, or any such seaven or more of you certify together with such their refusal the reasons they offer for the same, to the end that we may perceive what can be objected against this our royal intention : And because our desire is to have all expedition in this contract, and to proceed abroad upon the said plantations with the same expedition we go at home ; Our will is, and we do require you to give such attendance upon this our service, that we may have this our commission returned unto us before the fourteenth day of July next ; and herein to consider of all such occurrences that as well here as upon the said plantations may fall out for the advancement of this our service, together with the prices you shall think requisite to be given ; the days of payment you shall agree for, with the quanti- ties and qualities of each plantation to be yearly allowed ; and for what term of years the said contract shall continue ; and by what means it may be best effect- ed, and the said tobacco orderly brought into our said port of London, from whence all domestique and foreign parts are to be supplied; with such other incident considerations as this our service shall require, that accordingly we may immediately dispatch our said commission to the said plantations, and make a settlement of this business, for the more speedy relief of our said poor subjects, and the full performance of this our pleasure and command. In witness, &c., witness ourself at Westminster, the nineteenth day of June, in the tenth year of our reign.
Per Breve de Privato Sigillo.
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NOTE (XX.) p. 85.
"The process against William Lewis, Francis Gray, Robert Sedgrave," &c. [Copied from the oldest record book in the council chamber of Maryland, enti- tled, "Council Proceedings from 1637 to 1644." N. B. The pages of this book are not numbered.]
" On Sunday, the first of July, William Lewis informed captain Cornwaleys that certain of his servants had drawn a petition to Sir John Hervey, and intend- ed at the chapel that morning to procure all the Protestants' hands to it. Where- upon the captain (calling unto him Mr. Secretary) sent for Robert Sedgrave, (one of the parties informed of) and examined him thereof, who confessed he had drawn a writing and delivered it to Francis Gray, who being likewise ex- amined, had the writing in his bosom and delivered it to the captain. The writing was of this tenor:
CHRISTOPHER CARNOLL, ELLIS BEACHE, RD. SEDGRAVE, and others which may hereafter be brought forth:
Beloved in our Lord, &c. This is to give you notice of the abuses and scan- dalous reproaches which God and his ministers do daily suffer by William Lewis, of St. Inigoes, who saith that our ministers are the ministers of the devil, and that our books are made by the instruments of the devil, and further saith that * * who are under his charge shall keep nor read any book which doth appertain to our religion within the house of the said William Lewis, to the great discomfort of those poor bondmen who are under his subjection, especially in this heathen country, where no godly minister is to teach and instruct ignorant people in the grounds of religion. And as for people who * * unto the said Lewis or otherwise, to pass the week, the said Lewis takes occasion to call them into his chamber, and there laboureth with all vehemence, craft and subtilty, to delude ignorant per- sons. Therefore we beseech you, brethren in the Lord and Saviour Christ Jesus, that you who have the power, that you will do in what lieth in you to have these absurd abuses and ridiculous * * to be reclaymed, and that God and his ministers may not be so grievously troden down by such ignominious speeches ; and no doubt but you or they who strive to uphold God's ministers and word * all be crowned with eternal joy and felicity, to reign in that eternal kingdom with Christ Jesus, under whose banner we fight for evermore .- (All which words aforesaid which have been spoken against William Lewis, the parties hereunder written will be deposed when time and opportunity shall be thought meete.)
And being further examined touching the intent of the writing, Francis Gray said that he was not acquainted with the writing till it was delivered in to him by Robert Sedgrave, and that he had not as yet read it; and that Robert Sed- grave desired him to publish it to some of the freemen, to the intent only to procure them to join in a petition to the governor and council of this province, for the redressing of those grievances which were so complained of in the writing. Whereupon the captain willed them to attend again in the afternoon, and to bring security for their answering the matter at the court; and in the mean time to demean themselves quietly and soberly. And in the afternoon the captain and Mr. Secretary bound them over with two sureties to answer it at the next court.
On Tuesday, 3d July, the sheriff was commanded by warrant from the gover- nor to bring William Lewis, Robert Sedgrave, Francis Gray, Christopher Car- noll and Ellis Beache into the court, where were present the governor, the cap- tain, and Mr. Secretary. The governor demanded of Robert Sedgrave whether that was his writing, and he confessed it. He demanded further touching the intent of the writing; and he answered as afore; and being demanded who
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moved or advised him to that course, he said that himself and Francis Gray being much offended with the speeches of William Lewis, Francis Gray did wish to draw a writing to some of the freemen, and he would procure them to join in a petition to the governor and council, which the said Robert Sedgrave did accordingly the next day ; but Francis Gray wished him to keep it till he had spoken with Mr. Copley ; which was on Saturday, the last of June ; and on Sunday morning, meeting with Francis Gray at the fort, he asked him whether he had spoken with Mr. Copley, who said he had, and that Mr. Copley had.given him good satisfaction in it, and blamed much William Lewis, for his contume- lious speeches and ill-governed zeal, and said it was fit he should be punished, and Francis Gray asked him for the writing and put it up, and were going with it to the chapel, when the captain called them in by the way. And Francis Gray being examined confest that he did wish him to draw a writing, to be de- livered to two or three of the freemen, and his reason was because the said ser- vants had no knowledge what to do in it, nor could so well go to the governor to move for redress as the freemen could.
Then were the complaints contained in the writing against William Lewis taken into examination. And touching the first, Ellis Beache did depose that William Lewis coming into the room where Francis Gray and Robert Sedgrave were reading of Mr. Smith's sermons, William Lewis said that the book was made by the instrument of the devil. And Robert Sedgrave being demanded whether William Lewis spake in general of Protestant books, or of that book in particular-said he could not well remember whether he spake of books in gene- ral. And William Lewis being put to his answer, confessed that coming into the room where they were reading of a book, they read it aloud, to the end he should hear it; and that the matter being very reproachful to his religion, viz. that the pope was anti-Christ, and the Jesuits anti-christian ministers, &c .;- he told them that it was a falsehood, and came from the devil, as all lies did, and that he that writ it was an instrument of the devil, and so he would approve it ; and further he said not.
Touching the second, it was deposed by two witnesses, that William Lewis said that their ministers (innuendo the Protestants,) were the ministers of the devil.
Touching the third, Robert Sedgrave said at first that William Lewis did forbid them to use or have any Protestant books within his house ; which being denied by William Lewis, and that he had expressly given them leave to use or have books, so they read them not to the offence or disturbance in his own house ; and that he spake only touching that book then in reading ; Robert Sed- grave said that he was not certain, whether he forbade them that book only, or all other books. And Richard Duke (a witness produced by Francis Gray, and a Protestant, ) being sworn, said, that William Lewis said that Francis Gray should not read that book in his house, nor no such base fellows as he was; but no more or further as he heard. Then was Christopher Carnoll and Ellis Beache examined upon oath, and they likewise testified touching the forbidding of that book, but not any further as they heard.
Then was it alleged by William Lewis, that the intent of the writing was to combine the Protestants together, and to send a petition under all their hands to the governor and council of Virginia, that they would send * * for William Lewis, and proceed against him for a traitour ; and he offered to prove by one then present, that heard James Thornton say, that they declared further their intent in his hearing; but it being refused by the governor as an insufficient proof, and the party himself demanded that heard the words; it was answered, that he was gone out a trading the day before ; Whereupon the governor thought fit to defer their trial and censure till the witness could be produced in court,
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and in the mean time willed the secretary to deliver his censure touching the complaint against William Lewis.
And the secretary found him guilty of an offensive and indiscreet speech in calling the author of the book an instrument of the devil; but acquitted him from that he was charged with all in the writing-that he used that speech touching Protestant ministers in general. He likewise found him guilty of a very offensive speech, in calling the Protestant ministers the ministers of the devil. He likewise found him to have exceeded in forbidding them to read a book otherwise allowed and lawful to be read by the state of England ; but he acquitted him of the accusation that he forbade the servants to have or use Pro- testant books in his house ; and because that these offensive speeches, and other his unreasonable disputations in point of religion, tended to the disturbance of the public peace and quiet of the colony, and were committed by him against a public proclamation set forth to prohibit all such disputes ; therefore, he fined him in 500 weight of tobacco to the lord of the province ; and to remain in the sheriff's custody until he found sufficient sureties for his good behaviour in * * in time to come.
The captain likewise found him to have offended against the public peace and against the proclamation made for the suppressing of all further disputes tending to the opening of a faction in religion : and therefore fined him likewise 500 lbs. tobacco to the lord of the province ; but for his good behaviour thought fit to leave it to his own discretion. The governor concurred wholly in this sentence with the secretary. And so the court broke up, and William Lewis was com- mitted to the sheriff.
Afterward he found security for his good behaviour; and was bound as fol- lows :
3 July, 1638 .- William Lewis, John Medcalfe, and Richard Browne, acknow- ledged themselves to owe unto the lord proprietary 3000 lbs. weight of tobacco to be paid unto the said lord proprietary, or his heirs, or officers, on the 10th of November next, in case the said William Lewis shall offend the peace of this colony, or of the inhabitants thereof, by incautious and unnecessary arguments or disputations in matter of religion ; or shall use any ignominious words or speeches touching the books or ministers authorized by the State of England.
Signed WILLIAM LEWIS, JOHN MEDCALFE, RICHARD BROWNE.
Recogn. coram me
JOHN LEWGER, Secretary.
NOTE (XXI.) p. 102.
The act of 1638, ch. 1, copied from the record book, in the office of the pre- sent court of appeals, entitled, "Lib. C. & WH." p. 61.
"Memorandum. That at the first meeting of the assembly, on the 25th of February, 1638, was enacted and ordained one act as followeth.
An act for the establishing the house of assembly and the laws to be made therein.
Whereas the king's majestie by his letters patents hath given and granted full free and absolute power and authority to the lord proprietary of this pro- vince to make and ordain any laws appertaining to the state of this province, by and with the advice assent and approbation of the freemen of the same or of the greater part of them or of their delegates or deputies, and to that end to assem- ble the said freemen or their delegates or deputies in such sorte and forme as to the said lord proprietarie should seem best ;- By virtue whereof several writs of summons have been directed to certain gentlemen to appear personally at this assembly, and to the rest of the freemen inhabiting within the several hundreds of this colony and the isle of Kent, to elect their delegates or deputies in their
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names and steads to be present at the same, and accordingly all the freemen of the said several hundreds and of the isle of Kent (some few excepted) have elected certain persons to that end, and the same their election have subscribed and returned upon record, and their said delegates and deputies are now assem- bled accordingly. Be it therefore enacted and ordained by the said lord pro- prietarie of and with the advice assent and approbation of the freemen and of the delegates and deputies assembled at this present assembly, that the said se- veral persons, so elected and returned as aforesaid, shall be and be called bur- gesses, and shall supply the places of all the freemen consenting or subscribing to such their election in the same manner and to all the same intents and pur- poses as the burgesses of any borough in England in the parliament of England useth to supply the place of the inhabitants of the borough whereof he is elect- ed burgess, and that the said gentlemen and burgesses and such other freemen (not having consented to any the elections aforesaid) as now are or shall be at any time assembled or any twelve or more of them, (whereof the lieutenant general and secretary of the province to be alwaies two,) shall be called the house of assembly, and that all acts and ordinances assented unto and approved by the said house or by the major part of the persons assembled, and afterwards assented unto by the lieutenant general, in the name of the said lord proprieta- rie, and shall be adjudged and established for Jaws to all the same force and effect as if the said lord proprietarie and all the freeinen of this province were personally present and did assent to and approve of the same.
Which bill being read and passed by all the gentlemen and freemen present, they did consent it should be underwritten by the secretary in these words :
[The freemen have assented to this bill, that it was engrossed and published under the great seal.]
Then the lieutenant generall Leonard Calvert esqr., being demanded by the secretary whether he did assent to the said bill for and in the name of the lord proprietarie, answered yea, and willed that his assent should be underwritten to it in these words :
[The lieutenant generall in the behalf of the lord proprietarie willeth, that this be a law.]
And it was published under the great seal the twelfth of March, 1638."
NOTE (XXII.) p. 111.
"An act for swearing allegiance." (1638-9, No. 2.) [Copied from a record book in the office of the present court of appeals, entitled, "Lib. C. & WH." p. 1.]
"Sect, 1. Every person of the age of eighteen years and upwards, inhabitants, or that shall come hereafter to inhabit within this province, shall within one month next after this present assembly shall be dissolved, or within one month after such person shall land or come into this province, take an oath to our sovereign lord king Charles his heirs and successors, in these words following :
I, A. B. do truly acknowledge, profess, testify, and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of England, and of all other his majesty's dominions and coun- tries ; and I will bear true faith and allegiance to his majesty, his heirs and law- ful successors, and him and them will defend to the utmost of my power against all conspiracies and such attempts whatsoever which shall be made against his or their crown and dignity, and shall and will do my best endeavour to dis- close and make known to his majesty his heirs and lawful successors, all trea- sons and traitorous conspiracies, which I shall know or hear to be intended against his majesty, his heirs and lawful successors. And I do make this re- cognition and acknowledgment heartily, willingly, and truly upon the faith of a christian. So help me God.
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Sect. 2. Any person, to whom the same oath shall be tendered, refusing the same, shall be imprisoned till the next county court, or hundred court of Kent, and if at such court such party shall upon the second tender refuse again to take the said oath, the party refusing shall forfeit and lose all his lands goods and chattles within this province to the lord proprietary and his heirs, and shall be banished the said province for ever, (except women covert, who shall be com- mitted only to prison, until such time as they will take the same oath.)
Sect. 3. The governor (for the time being,) or two of the council, or the se- cretary, or any judge sitting in court, or the commander of the isle of Kent, shall have power to administer the said oath."
The oath prescribed by the statute of 3 Jac. 1, ch. 4, was the same as that in the above bill as far as the words "dominions and countries ;" it then proceeds as follows :- "and that the pope, neither of himself nor by any authority of the church or See of Rome, or by any other means with any other, hath any power or authority to depose the king, or to dispose of any of his majesty's kingdoms or dominions, or to authorize any foreign prince to invade or annoy him, or his countries, or to discharge any of his subjects of their allegiance and obe- dience to his majesty, or to give licence or lease to any of them to bear arms, raise tumults, or to offer any violence or hurt to his majesty's royal person, state, or government, or to any of his majesty's subjects within his majesty's dominions. Also, I do swear from my heart, that notwithstanding any declara- tion or sentence of excommunication, or deprivation made or granted, or to be granted by the pope or his successors, or by any authority derived, or pretended to be derived from him or his See, against the said king, his heirs or successors, or any absolution of the said subjects from their obedience: I will bear faith and true allegiance to his majesty, his heirs and successors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise, and will do my best endeavour to disclose and make known unto his majesty, his heirs and successors, all treasons and traitorous conspiracies, which I shall know or hear of to be against him or any of them. And I do further swear, that I do from my heart, abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated or de- prived by the pope, may be deposed or murdered by their subjects or any other whatsoever. And I do believe, and in my conscience am resolved, that neither the pope, nor any other person whatsoever, hath power to absolve me of this oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation or mental evasion, or secret reservation whatsoever : And I do make this recognition and acknowledgment heartily, willingly, and truly, upon the true faith of a christian. So help me God."
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