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 106
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VOL. II .- 79
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NOTES AND ILLUSTRATIONS.
ant general and the council there to answer the same and in the mean time to keep the peace or be of the good behaviour as the case shall require and in de- fault of such surety or sureties to be by such offender or offenders tendered unto: you to commit the offender or offenders to the common gaol or next prison with- in the said province as to you shall seem fit there to remain until they shall find good surety or sureties as aforesaid or untill he or she or they shall be delivered by our lieutenant general or the council of our said province of Maryland or the greater part of them whereof our lieutenant general for the time being to be one.
And we do hereby further grant unto you and every of you full power and authority to attach and arrest or by your warrants to cause to be arrested and attached and to bring to due punishment all offender and offenders in weights and measures all forestallers of markets regrators ingrossers extortioners rioters and other offenders against the public welfare and peace of our said province of Ma- ryland.
And we do hereby command all our sheriff's officers and ministers whatsoever that they and every of them be obedient unto you our said councillors and com- missioners and every of you in all things as becometh. Given under the great seal of our said province of Maryland at our Fort of St. Mary's within our said province on the fifth day of September Anno Dom. 1642."
From "Council Proceedings from 1636 to 1657," p. 78.
"Commission of Secretary.
"Cecilius lord and proprietor of the provinces of Maryland and Avalon in the parts of America, lord baron of Baltimore, to all and singular persons to whom . these presents shall come, greeting, know ye that we having had long experience of the abilities and industry of our trusty and well beloved councillor John Lewger, esqr. in performing unto us good and faithful service in our said pro- vince of Maryland and reposing especial trust in his wisdom diligence and ex- perience have constituted appointed and ordained and by these presents do con- stitute appoint and ordain him the said John Lewger to be our secretary of our said province of Maryland and also judge of all causes testamentary and matri- monial within our said province.
And we do by these presents appoint, constitute and ordain the said John Lewger as well to be our principal officer and keeper of the acts and proceedings of us and our lieutenant general and council there for the time being and of and for the entring and recording of all grants by us or our heirs to be made of any lands or offices within our said province of Maryland and for the entring and recording of all other matters acts and things which by any instructions laws or ordinances made or given or to be made or given for or concerning our said province of Maryland shall or ought by the appointment of us or our heirs or by the appoint- ment of our lieutenant general or other chief governor there for the time being or otherwise to be entered as recorded, as also our collector and receiver of all our rents revenues and customs and of all amerciaments tolls profits and duties whatsoever already due or payable unto us within our said province to have and to hold execute and enjoy the said office and offices unto the said John Lewger during our pleasure.
And we do hereby promise and grant signify and declare that all and every acquittance or other discharge under the hand and seal of the said John Lewger shall be to all and every the people there within our said province a sufficient discharge for such rents customs profits and other duties which shall from time to time be paid unto him the said John Lewger for our use. Given under our great seal of our said province of Maryland at our Fort of St. Mary's within our said province on the fifth day of September 1642."
From "Council Proceedings from 1636 to 1657," p. 80.
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NOTES AND ILLUSTRATIONS.
NOTE (LII.) p. 263.
The lord proprietary's instructions to governor Brent.
*** Whereas my dear brother Leonard Calvert, esqr., upon his departure out of "Published the province of Maryland in April 1643, did by virtue of a commission from me dated 18th November, 1641, constitute Giles Brent, esqr., to be my lieutenant general of my province of Maryland during the absence of him the said Leonard Calvert out of the province or until I or my heirs should signify our pleasure to the contrary, these are to signify and declare that I do well approve of my said brother's act therein and in confidence of the fidelity and discretion of him the said Giles Brent I do hereby ratify and confirm the said Giles Brent to be my lieutenant general of the said province and to execute all other powers within the said province (except hereafter excepted) which were granted to my brother in the commission above mentioned during my said brother's absence out of the said province or until I or my heirs shall signify mine or their pleasure under mine or their hand and seal to the contrary, Provided nevertheless and I do hereby declare that I will not that the said Giles Brent shall assent in my name to any laws hereafter to be enacted in any general assembly to be held within the said province notwithstanding any thing contained in the commission above mentioned dated 18th November, 1641, or in any other commission whatsoever without further authority to be hereafter obtained for that purpose under mine or mine heir's hand and seal and in case any laws have been assented unto by him the said Giles Brent in my name in any general assembly which hath been held within the said province since my said brother's departure from thence, viz., since the first of April last, 1643, I do hereby declare my disassent to all and every such law or laws which have been assented unto or enacted within the said province in my name by the said Giles Brent, And because I intend by the grace of God to come in person myself into the said province at or before Jan- uary next after the date hereof I thought fit also for divers reasons to suspend the granting of any more lands within that province till my arrival there when I shall take order to grant to every one their due who have any just right or claim from me of any lands within that province, and therefore I do hereby also restrain and revoke that power of granting any lands in my name by him the said Giles Brent under my great seal for the said province, and do hereby re- quire him the said Giles Brent not to grant any accordingly without further or- der therein under mine or my heir's hand and seal any thing contained in the commission above mentioned dated 18th November 1641, or in any other com- mission whatsoever to the contrary in any wise notwithstanding, And whereas my said brother together with my secretary and surveyor general there did late- ly purchase (as I am informed) in my name and to my use the chapel of St. Mary's and the other buildings and land belonging thereunto, for the discharge of the price thereof my said brother together with my secretary and surveyor did (as I am informed) sign to three bills of exc. directed unto me all to one and the same effect for the payment of two hundred pounds sterling in England to captain Thomas Cornwaleys or his assigns (whose name it seems was thought fit to be used in that business although the 'said purchase was not made from him) the which bills by reason of some mistakes in that business I have thought fit not to accept, whereupon (as I understand) one or more of them are pro- tested according to the usual manner in such cases, and whereas also (as I am informed) two other bills of exc. signed by the said captain Thomas Cornwa- leys and directed to one Mr. Thomas Gerard and to Mr. Edward Harris or to one or both of them for the payment the one of thirty pounds sterling and the other of ten pounds sterling to my said brother, which bills are also (as I am informed) not accepted but protested also in the same manner as the other above mentioned, whereupon some directions may perhaps respectively be sent thither
23d Decem- ber, 1643."
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NOTES AND ILLUSTRATIONS.
to recover a satisfaction of all the said bills to the respective pretenders there- unto with costs and damages, but because for divers reasons true and right jus- tice cannot be done therein without some advice, and testimonies from hence which cannot yet be had, therefore I thought fit and do hereby restrain the pow- er of the said Giles Brent or any other person by authority derived from him to grant process or take cognizance of any suit or complaint whatsoever concern- ing all or any of the aforesaid bills of exc. or to give or pronounce any judg - ment therein any thing contained within the above mentioned or any other com- mission to the contrary in any wise notwithstanding, but to suspend any pro- ceeding therein till my arrival there when I shall not fail to do unto every per- son equal right and justice therein and do thereby hereby require the said Giles Brent and all others whom it may concern to obey any order herein as they will answer the contrary at their utmost perills, and I do hereby require the said Giles Brent and my secretary there or one of them to cause this my declaration with all convenient speed after their or either of their receipt hereof to be re- corded and published at the usual places of publishing orders within the said province for the government there. Given under my hand and seal the four- teenth day of July, 1643. C. BALTIMORE."
To Giles Brent, esqr., my lieutenant general of my province of Maryland and to my secretary and the rest of my council there and to every of them."
[Taken from "Council Proceedings from 1636 to 1657, p. 106.]
NOTE (LIII.) p. 269.
His lordship's commission "for his treasury in Maryland," and his instructions thereto annexed.
"Locus "Cecilius, &c., to all, &c., Know ye, that whereas heretofore I have X made several authorities and directed one or more commissions to sev- Sigilli. eral persons in Maryland for the well ordering and disposal from time to time of my stock or stocks of neat and other cattle and of all other my goods and chattles there and also of all rents fines confiscations or escheats tributes or other gifts from the Indian customs or subsidies granted to me by any general assembly and all other profits and emoluments belonging to me within the said province of Maryland, and for the better managing clearing letting such farm or farms manor or manors or other lands set out and designed there for my par- ticular use according to such directions and instructions as I should from time to time send thither for the purpose above mentioned, and whereas some of the aforesaid persons are since departed out of the said province whereby I may re- ceive much prejudice in the neglect of that service, Wherefore I have thought fit out of the confidence I have of the integrity fidelity and good affection to- wards me of my trusty and well beloved Giles Brent, esqr., my lieutenant gene- ral of the said province of Maryland, John Lewger, esqr., my secretary, James Neal and Thomas Gerard esqr., all of my council there and William Brainth- wayte, gent. to constitute and I do hereby constitute ordain and appoint them the said Giles Brent John Lewger James Neale Thomas Gerard and William Brainthwayte to be commissioners for my treasury within the said province, And I do hereby authorize them or any two of them (whereof the said Giles Brent to be always one) to take care of receive and dispose from time to time of all and every such things as are above mentioned belonging to me within the said province to my best advantage according to such directions and instructions as the said commissioners shall from time to time receive from me and in de- fault thereof according to their best discretions and to appoint from time to time change alter or remove any such officers to receive my rents and other profits above mentioned there as also to look to my stock of neat cattle and for the bet- ter execution of all other the said premises and to allow such salary and wages
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NOTES AND ILLUSTRATIONS.
to be paid to them out of the profits above mentioned or sale yearly of some of my said neat cattle as they or any two of them (whereof the said Giles Brent to be always one) shall from time to time think fit and I do hereby ratify and con- firm what the said commissioners or any two of them (whereof the said Giles Brent to be one) shall from time to time lawfully do in any of the premises as much as if I myself had been present and had done the same, willing and requir- ing the said commissioners and every of them that they or two of them at the least (whereof the said Giles Brent to be one) do send unto me a just and true account yearly of all such things above mentioned as are or shall from time to time become due unto me within the said province and of their proceedings in the same signed with their hands, and I do hereby revoke all former authorities and commissions which I have heretofore made or sent thither concerning the premises or any part thereof so far forth as they or any of them do concern the premises only or any part thereof and no further declaring, hereby that I shall not make good any contract or bargain for the future concerning any of the pre- mises there but what shall be agreed unto by my said commissioners or two of them at least (whereof the said Giles Brent to be always ore) which revocation I do require the said commissioners to notify unto the English inhabitants of the said province by causing this present writing to be published in the most usual places of publishing things of the like nature within the said province. In witness whereof I have hereunto set my hand and seal at arms at Bristol in the realm of England the 18th day of November anno domi. 1643.
C. BALTIMORE.
Instructions given by me Cecilius lord Baltimore to my commissioners for my treasury in Maryland dated the 18th day of November 1643.
1. Upon the receipt of these instructions I would have them cause a true in- ventory to be made as soon as conveniently may be of all my cattle which I would have from time to time marked duly with my mark and of all other goods and chattels whatsoever belonging to me within the said province of Maryland specifying therein in whose hands and in what places they are, and likewise a true rentall of all such rents as are payable unto me there in both which I re- quire my secretary there to direct them and that the commissioners cause true copies of the said inventories and rentall to be sent (by the first opportunity) to me signed with two of their hands at least whereof the said Giles Brent to be one.
2. That they continue these goods of mine which were (by my directions) formerly put into Mr. Gilmett's custody still in his hands as long as he stays in Maryland or I give other directions concerning them but I would have the com- missioners to demand and keep a note under Mr. Gilmett's hand of the particu- lars thereof as acknowledging them to be in his custody.
3. That all my carpenters and other apprentice servants there be sold forth- with for my best advantage which I understand will yield at least 2000 lb. to- bacco a piece although they have but one year to serve especially if they be carpenters for I understand that 1500 1b. wt. of tobacco is an usual rate for the hire of one year's labour of any ordinary servant and I conceive it better to hire at a certainty such servant from year to year as my commissioners shall find neces- sary, to look to my cattle provide sufficient fodder for them and to manage my farm at West Saint Mary's and to pay their hire yearly out of such revenues and profits as shall become due to me there or in. default thereof by the yearly sale of some of my stock there than to have servants apprentices there for that pur- pose and to send supplies yearly out of England to them.
4. That they allow unto Mr. Giles Brent yearly two steers out of my stock of neat cattle for his own expence in regard of his care of them and two steers yearly to Mr. Gilmett for his expence and two more together with 20 barrels of corn yearly (to be taken out of my quit rents there) and the use of six milch
630
NOTES AND ILLUSTRATIONS.
kine to my secretary there for his care and pains in writing of the accompts yearly and in my other affairs there till I shall signify my pleasure to the con- trary my said secretary being at the charge of keeping of the said six kine and of rearing the calves that come of them till they be weanable and then to deli- ver the said calves at my farm at West Saint Mary's to be put into my other stock of neat cattle, Provided always that the said secretary make such provi- sion of fodder and housing for the said cows and calves in his custody for the winter as my said commissioners shall find necessary for them.
5. That they allow unto my lieutenant general Mr. Giles Brent for his pains and care in the government there the one half yearly of all fines, confiscations, wrecks, tribute from the Indians, customs or other gifts from the general assem- blies there which shall grow due unto me during the time of his government under me there but I would have all such things as are mentioned in this article to be entirely charged upon their yearly accompts to me and the one half thereof discharged again upon the said accounts it being disposed of according to this my direction.
6. That they take care to cause such tobaccoes to be satisfied to my brother Leonard Calvert or his assigns as he or his assigns shall have disbursed or en- gaged themselves for my use there this last year which in case it cannot be other- wise I would have them done by sale of some of my neat cattle but I would have them know I do extremely desire to have my stock of neat cattle and sheep to be preserved as much as possibly may be and that they should not be any way di- minished but when necessity doth absolutely require it and I would have the commissioners to be very careful that when there is a necessity of selling of any of my neat cattle it may be done with the least prejudice that possibly may be to the increase and good of my said stock for in so doing they will do me a very acceptable service which I shall acknowledge to them in due time.
7. That they use their best endeavours to discharge the bargain which was made this year for Mr. Copley's house at St. Mary's by letting him have his house and land there again and a reasonable consideration allowed unto him for Mr. Gilmett's time of being in it which I would have discharged out of some- what of mine there and I desire that in case Mr. Copley will not be contented to Jet the house to Mr. Gilmett till midsummer which shall be Anno Dom. 1645 at some such reasonable rent as my said commissioners or any two of them (whereof the said Mr. Giles Brent to be one) shall think fit and that Mr. Gilmett's and his family's diett cannot be provided and discharged out of my stock and farm at West Saint Mary's without any notable prejudice to the said stock or out of some other profits to me belonging there (both which I should be very glad that my said commissioners could effect for me and I would willingly allow any reasona- ble rent to be paid out of my estate there to Mr. Copley for the said house for so long time but not to be charged to pay any thing here for it) then I desire my said commissioners in that case to take care that some other convenient place there be provided for Mr. Gilmett's and Mr. Territ's residence and diet there to their contentment till the time above mentioned with the best accommodation for them, and least charge to me that may be, and I would have them so con- trive this business (if possibly they can) that Mr. Gilmett and Mr. Territt may by all means be continued in that province till that time, when I doubt not (by the grace of God) to be able to provide better for them than by reason of the extremity of the present troubles in England, I could do this year, which I hope they will consider and have a little patience till then ; and this article I do again and again recommend to my said commissioners' care, to give satisfaction herein.
8. That the instructions be read to all the said commissioners in due time and place, to the end they may respectively take notice of them. Given under my hand at Bristol, 18th November, 1643. C. BALTIMORE."
[Taken from "Council Proceedings from 1636 to 1657," p. 114-116.]
NOTES AND ILLUSTRATIONS.
NOTE (LIV.) p. 285.
" Commission for the government," (of September 18th, 1644.)
" Cecilius, &c., lord and proprietor of the provinces and countries of Maryland and Avalon, in the parts of America, lord baron of Baltimore, &c., to all and sin- gular persons to whom these presents shall come, greeting : Know ye that we, Former com- for divers special causes and considerations us thereunto moving, have revoked, missions re- and determined, and by these presents do declare, that we do hereby revoke and voked. absolutely determine all former commissions heretofore granted unto our dear brother Leonard Calvert, esq., or to Giles Brent, esq., concerning the govern- ment of our said province of Maryland, and all power and authority by us there - by granted unto him or them, or to any other of our council, or to any person or persons whatsoever, in and by the said commissions, or any of them, and also all power heretofore given to our said brother, or the said Giles Brent, by the said commissions, or any of them, or otherwise of enacting or assenting unto any laws or ordinances in our name, within the said province ; and we do hereby likewise discharge all and every person and persons whatsoever from our coun- cil, and to be of our council within the said province of Maryland, which hereto- fore have been of our council there, Nevertheless, considering and well knowing that the people there cannot subsist and continue in peace and safety without some good government to be ordained and established, as well for the cherishing of the virtuous and orderly, as for the punishment of the lewd and disorderly persons there, and calling to mind the faithful and laudable service done by our said dear brother Leonard Calvert, esq., as well in the adventure of his person in the first discent and settling of our colony, within our said province of Maryland, as in the good order and advancing of the same, by his personal residence within the same our said province, wherein he hath manifested to the satisfaction of ourself and of our colony there, such wisdom, fidelity, industry and other virtues, as render him capable and worthy of the trust hereby by us intended to be reposed in him, have nominated, constituted, ordained, authorised, established, and by these presents do nominate, constitute, ordain, authorise and establish, the said Leonard Calvert, in the absence of us and our heirs, our lieutenant general, admiral, marshall, chief captain and commander, as well by sea as by vert to be land, of our said province of Maryland, and the islands to the same belonging, and do by these presents grant unto him the chief commandment and absolute authority above and in all matters of warfare, by sea and land, to execute and administer the same to the resistance of the enemies or suppression of mutinies and insolencies, as our said lieutenant shall think most commodious, for the preservation of our said province, and to do all such other things as do belong or appertain to the office of a lieutenant general, admiral, marshall, chief captain or commander, in as large and ample manner, to all intents and purposes, as we ourself might do if we were personally present by force or virtue of the letters patent, to us granted by our sovereign lord, king Charles, under the great seal of England, bearing date at Westminster, 20th June, eighth year of his majesty's reign, to have, hold, execute, and administer the same with such and as ample power and authority as we, if we were personally present, might do or execute the same by force or virtue of the letters patent aforesaid, until we shall signify our pleasure to the contrary ; and we do hereby further ordain and command all such as shall hereafter be sworn of our council within our said province of Mary- land, all captains, officers and soldiers, as well by sea as by land, whom it doth or may concern, all our officers, receivers, bailiff's, marshalls, and all other per- sons whatsoever within our said province of Maryland, of what quality or condi- tion soever that they and every of them acknowledge the said Leonard Calvert in the quality of our lieutenant general, admiral, chief captain, and commander over all our foresaid province of Maryland and islands, and members of the same,
631
Leonard Cal- lieutenant general.
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NOTES AND ILLUSTRATIONS.
This com- mission to be proclaimed within the province.
and do honour, respect and obey him as they ought to do, upon pain of such punishment to be inflicted upon them, and every of them, as such a high con- tempt as the disobedience and neglect thereof shall deserve, And to the end that no man shall pretend ignorance, we do command this our commission and ordi- nance to be proclaimed and published within our said province at the places accustomed to proclaim and publish any our edicts and ordinances, commanding him our said lieutenant to proceed with rigour against all contemners and ne- glectors of the same, in such strict and severe manner as we ourself might do by force and virtue of the said letters patent, if we were there personally present, and that without favour or connivance.
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