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 107
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Leonard Cal- vert to be chancellor, &c.
And we do further by these presents make, constitute, ordain and establish our said brother to be our chancellor, chief justice, and chief magistrate, within
chief justice, our said province, until we or our heirs shall signify the contrary under our hand and seal, and do hereby give him power from time to time to appoint and con- stitute officers and ministers for the administration and execution of justice, and for the doing and executing all other things whatsoever which belong to the establishing and government of a good and happy commonwealth within our said province.
Power to him to call and summon assemblies. And we do further by these presents grant unto him our said lieutenant, chan- cellor, chief justice, and chief magistrate, full and absolute power and authority, when and as often as he shall think fit, to call and summon one or more general assembly or assemblies of the freemen of our said province, or their deputies, at such place or places within our said province as he shall think fit, for the enact- ing of wholesome laws and ordinances for the government and well ordering of the said province, and the people within the same, to which purpose we do hereby grant full power and authority unto our said lieutenant, from time to time, in every general assembly to be, summoned by him within the said pro- And to assent vince of Maryland, in our name, stead and place, to enact and assent unto such to laws. laws and ordinances as he our said lieutenant shall think fit and necessary for the good government of the said province of Maryland, and which shall be consented unto and approved of by the freemen of the said province, or the major part of them, or their deputies, to be assembled by him our said lieutenant there, from Proviso --- that said laws be agreeable England. time to time, for the enacting of laws within that province, Provided, that the said laws so to be enacted and assented unto by him our said lieutenant, there to the laws of in our name, be as near as conveniently may be agreeable, and not contrary to the laws of England, and that every one of the said laws so to be enacted and assented unto in our name, be made to continue in force till we or our heirs shall And to con- signify our disassent thereto, under our or their hand and seal, and not to con- tinue only until his lord. tinue in force only for any other limited time, as till the next ensuing general ship's disas- assembly thereafter, the making thereof, or for any certain number of years, as divers laws heretofore have been made there, which causes a great deal of uncer- tainty, and produces many ill effects in the government there, Provided also, that our said lieutenant do not, in our name, enact or assent unto any law for the constitution, confirmation, alteration or change of any officer or officers within the said province, or which may any way infringe or prejudice any of our rights, prerogatives, or royal jurisdictions, over or in the said province, granted to us and our heirs by the letters patent above mentioned, every which law so to be assented unto and enacted by him our said lieutenant general there, in our name, and consented unto and approved of by the said freemen or their deputies, or the major part of them, in such manner as aforesaid, we do hereby declare, shall be in force within the said province until we or our heirs signify our or their disas- sent thereunto, under our or their hand and seal, and no longer, unless after the transmission thereof unto us or our heirs, and due consideration had thereupon, we or our heirs shall think fit to confirm the same, under our or their hand and
sent thereto, and not for any other limited time. Proviso --- also, against any laws for the constitu- tion or change of officers.
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seal, And we do by these presents grant full power and authority unto our said Power to the lieutenant to adjourn, prorogue, and dissolve all and every such assembly and assemblies by him heretofore called, or hereafter to be called at his pleasure.
lieutenant general to ad- journ, or dis- solve assem-
And forasmuch as the calling of a general assembly of the said freemen, and blies. the consulting about and enacting of laws, will require long time and much con- sultation, and many times sudden and other necessary occasions may happen or fall out, which require a speedy remedy ; we do therefore hereby grant unto him our said lieutenant full power and authority, from time to time, to make, Power to him constitute, ordain and publish, in our name, such reasonable and profitable ordi- dinances. to publish or- nances, edicts and proclamations, within our said province of Maryland, with reasonable pains and penalties therein to be expressed, to be duly inflicted on all offenders against the same, as he our said lieutenant in his discretion shall think fit, and as by the letters patent above mentioned is and are warranted, Provided Proviso --- that such penalties do not extend to the taking away the right or interest of any not affect the that they do person or persons, of or in their life, members, freeholds, goods or chattels, nor , life or free- hold of any person, or be be repugnant or contrary, but agreeable, as near as may be, to the laws estab- lished within the realm of England, and to the laws and ordinances established, not repug- or to be established within our said province of Maryland, all which edicts and laws of Eng- nant to the proclamations shall stand in force only and until we or our heirs shall signify the land. contrary under our or their hand and seal, to him our said lieutenant and the people there, or that he our said lieutenant shall, in his discretion, think fit to repeal the same, or that the same be repealed in a general assembly of the said freemen or their deputies, to be called and assembled as aforesaid, with the con- sent of our said lieutenant.
And further we do hereby grant full power and authority unto him, our said Power to him lieutenant, to appoint, from time to time, fit places for public ports for lading public ports, to appoint ships, unlading and discharging of all goods and merchandizes to be imported or fairs and mar- kets. exported into or out of our said province, and to appoint officers and ministers in the same places and ports, and also to erect and establish convenient places for the holding and keeping of fairs and markets, and to establish fairs and markets to be there held upon certain days for that purpose, to be by him appointed ; and Power to him we do further by these presents grant full power and authority to him our said to grant par- dons and re- lieutenant, (if he see cause,) to pardon and remit in part, or in the whole, all mit forfeit- pains, forfeitures or penalties, which any person or persons within our said pro- , ures. vince shall incur for any crime, misdemeanor or offence, against any the laws, ordinances or orders whatsoever, made or to be made for the good government of the province, and to grant pardons for all and every such delinquents, in our Except for name, under our great seal of our said province, so as such pardon or pardons high treason. extend not to the pardoning of high treason, And further we do by these pre- The lieuten- sents commit the custody and keeping of our great seal of our said province unto be keeper of ant general to him our said lieutenant ; and we do hereby further grant unto him our said lieu- the great seal. tenant, power and authority for us, and in our name, to pass and grant under the same our great seal, all writs and processes, all commissions, as well for author- ising such person and persons to be of our council there, as we shall from time to time appoint by warrant or direction under our hand and seal, as for the exe- cution of justice, and for dividing and bounding of lands, all pardons, licenses, and other public acts and deeds whatsoever, which shall at any time pass within our said province.
And we do further hereby grant full power and authority unto him our said Power to him lieutenant for us and in our name to pass and grant under our great seal to such person or persons such proportions and quantities of land within our said pro- of granting to grant lands and the mode vince for such estate and interest and with such privileges and immunities as we regulated. have or from time to time shall give our said lieutenant warrant from under our hand and seal all which grants so to be made passed or granted after the same grants and the same warrants under our hand and seal for the passing thereof
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shall be enrolled by our secretary of the said province for the time being and after that our said secretary shall have certified under his hand upon the back- side of every such grant-that the said grant and warrant under our hand and seal for the passing thereof are enrolled and that the grantee or grantees have performed the conditions of plantation (if the grant be passed by virtue thereof) concerning arms and ammunition or given caution for the performance thereof within one year next ensuing and also taken the oath of fidelity to the lord pro- prietor and also after that our surveyor general there for the time being or his deputy shall have likewise certified under his hand on the backside of every such grant that the land therein mentioned hath been truly surveyed and con- tains no more in quantity than it ought to do by warrant from us we do hereby declare shall be effectual in law and not before against us and shall bind us and our heirs as firmly as if Sisery and Seisin had been given and executed there- upon.
The lieuten- And we do will and require our said lieutenant to advise as there shall be advise with the council. ant general to cause with those who shall be from time to time nominated of our council upon all occasions concerning the good government of our said province of Maryland and the people there.
stituted sole judge in all causes crimi- nal, exceptin and in all causes civil, except in cases of free- hold, and causes testi- monial.
Lieutenant And we do further hereby grant full power and authority unto our said lieu- general con- tenant to inquire hear determine and finally to judge of and upon all causes criminal whatsoever of what nature and quality degree or condition soever the same shall be which may happen or arise within our said province of Maryland capital cases, according to the laws of the said province or in default thereof according to his best discretion as fully and absolutely as we ourself might do by force and vir- tue of the letters patent aforesaid if we were personally present to give sen- tence and judgment of in or upon the same (excepting only where the life or member of any person shall or may be inquired of or determined,) and to award execution upon every such sentence or judgment, And also to hear and deter- mine all civil causes actions suits and demands both in law and equity of or con- cerning any goods chattels or contracts debts or demands or other personal or mixt actions suit or suits whatsoever (excepting where the freehold of any per- son or persons shall come in question and excepting causes testimonial) in the most summary and equal way that he may according to the laws and statutes of that our said province of Maryland already made and established or hereafter to be made and established and in default of such laws established or to be estab- lished within the said province of Maryland then according to his best discre- tion in as ample manner as we ourselves were we present could hear and deter- Lieutenant general and two of the council judges in cases where mine the same by virtue of the said letters patent, And where the life member or freehold of any person or persons shall happen to come in question within our said province of Maryland we do hereby grant unto him our said lieutenant and unto such persons as we have or shall from time to time by commission un- life, member, der the great seal of our said province nominate and appoint to be of our coun- or freehold are involved. cil within the said province of Maryland or unto any three of them whereof our said lieutenant to be always one full power and authority to inquire hear and determine thereof according to the laws of the said province of Maryland es- tablished or to be established and in default of such laws there established or to be established according to their best discretion in as ample manner as we our- selves were we present could inquire hear and determine the same and to award execution accordingly.
Power to the lieutenant general, in case of his death or ab- sence, to ap-
And lastly, whereas our said lieutenant may happen to die or be absent from time to time out of the said province of Maryland before we can have notice to depute another in his place we do therefore hereby grant unto him our said lieu- tenant full power and authority from time to time in such cases to nominate elect point his suc- and appoint such an able person inhabiting and residing within our said province cessor.
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of Maryland as he in his discretion shall make choice of and think fit to be our lieutenant general chancellor keeper of our great seal there admiral chief jus- tice magistrate and commander as well by sea as by land of the said province of Maryland and of the island to the same belonging during the absence of us and our heirs and of him our said lieutenant out of the said province and in as large and ample manner as we have by these presents authorized him our said lieutenant to govern for the present, And in case our said lieutenant shall hap- In case of his pen to die or be absent out of our said province of Maryland and shall fail to so, the coun- failure to do make choice of nominate and appoint some person to be our lieutenant, &c., we cil to appoint do hereby grant unto our councillors there for the time being or the greater part own body one of their of them full power and authority from time to time in every such case to nomi- thereto. nate elect and appoint such an able person which shall then be of our council there and inhabiting and residing within our said province of Maryland as they or the greater part of them shall make choice of and think fit to be our lieuten- ant, &c., which person so to be chosen and appointed in any of the cases afore- said we do hereby declare shall be our lieutenant, &c., during the absence of our brother, &c., or until we or our heirs shall signify our pleasure to the con- trary and no longer to which lieutenant, &c., so to be elected nominated and ap- pointed as aforesaid we do hereby grant the like power and authority in all causes and things as we have by these presents given and granted unto our said brother hereby commanding our councillors captains soldiers and officers for the time being and the people of the said province of Maryland and all others whom it may concern to be obedient unto him in all things matters and causes as we have in and by these presents commanded them to be obedient unto our said brother our present lieutenant upon pain of such punishment to be inflicted on them and every of them as such a high contempt shall deserve .- Given under our great seal of our said province of Maryland at our fort of St. Mary's within our said province on the eighteenth day of September 1644.
"Commission for the Council.
Cecilius, &c., to our dear brother Leonard Calvert, esqr., our lieutenant of our said province of Maryland and to our trusty and well beloved Giles Brent, John Lewger, Thos. Greene, Thomas Gerard, and James Neale, esqrs , greeting, know ye that we reposing special trust and confidence in your wisdoms, dili- gence, and experience have assigned and appointed you jointly and every of you severally to be of our privy council within our said province of Maryland, and we do hereby give unto you and every of you full power and authority from time to time and at all times untill we shall determine or otherwise revoke this present commission to assemble and meet together with our lieutenant or other chief governor of the said province for the time being when and where he shall from time to time direct and appoint to treat, consult, deliberate, and advise of all matters, causes, and things, which shall be discovered unto you or be brought afore you as well concerning the quiet government and regulating of the people there as for the good and safety of our said province of Maryland and for the better, &c., ut supra anno 1642 P. Given under the great seal, &c.
" Commission of Secretary.
Cecilius, &c., to all and singular persons to whom these presents shall come, greeting, 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 the said province of Maryland and reposing special trust in his wisdom, diligence, and experience have constituted appointed and ordained and by these presents do constitute appoint and ordain him the said John Lew- ger to be our secretary of our said province of Maryland and also judge of all causes testamentary and matrimonial within our said province of Maryland, and
.
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we do hereby give him power to grant letters of administration from time to time in our name of the estates of deceased persons within our said province of Maryland under our signet or lesser seal of our coat of arms now in the custody of our said secretary, and with the test of the said John Lewger, as occasion shall require, and we do by these presents appoint constitute and ordain the said John Lewger as well to be our attorney general as our principal officer and keep- er of the acts and proceedings of us and of our lieutenant general and council there for the time being and of and for the entering 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 entering and recording of all other matters acts and things which by my 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 ap- pointment of us and our heirs or by the appointment of our lieutenant or other chief governor there for the time being or otherwise to be entered and recorded, to have and to hold execute and enjoy the said office and offices unto the said John Lewger during our pleasure and no longer. Given under our great seal, &c."
[N. B. The foregoing commissions to the governor, council, and secretary are copied from the book, entitled, "Council Proceedings from 1636 to 1657," p. 126, and 137. The two last are, as above, without any expressed date ; but must be supposed to have been of the same as that of the principal of them, to the lieutenant general. The words-"ut supra anno 1642," refer to the former com- mission of that date, and purport that the remaining part of it was the same as that for the council of 1642, which seems to have been somewhat consonant to the common form of a commission to a justice of the peace.]
NOTE (LV.) p. 290. "An act for the defence of the province."
"It shall be lawful for the governor for this year only to settle a garrison at Piscattoway, and to assess the charge of it upon every head able to bear arms inhabiting within the province, at any time afore the first of December next, so that such charge upon any head exceed not a barrel of corn, or fifty pound of tobacco with cask, at the choice of the party, and to press any soldiers to that service at the rate of three and twenty barrels of corn, or one thousand weight of tobacco with cask, and three barrels of corn, for a year's pay, and to appoint the payment of such soldier in such hundred and such place of the hundred, as the governor shall see fittest ; and to appoint one or two places in every hundred to which all persons chargeable within the hundred shall bring the corn or to- bacco charged upon them before the first day of December next ; and if any one chargeable as aforesaid shall not pay the same according to such order as shall be appointed by the governor as aforesaid, such party so in default shall forfeit to the party to whose payment he was charged, double the quantity of the value of the tobacco or corn so charged, to be levied upon the party offending, by way of distress, and the charge of the late expedition to Kent, and of this assembly, as shall be allowed by the court, to be defrayed out of this levy. Published under the great seal, 13th February, 1644."
[Taken from the book in the council chamber, entitled "Assembly Proceed- ings from 1637 to 1658," p. 305.]
NOTE (LVI.) p. 303.
An ordinance of the lords and commons of England. (Jan. 23d, 1646.)
Whereas the several plantations of Virginia, Bermudas, Barbadoes, and other places of America, have been much beneficial to this kingdom, by the increase of navigation, and of the customs arising from the commodities of the growth of those plantations imported into this kingdom, &c., Be it ordained by the
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lords and commons in parliament, That all merchandize, goods, and necessaries, which shall be for the supportation, use, and expence for the several places in Virginia, Bermudas, Barbadoes, shall and may be exported from this kingdome, without paying any custome, subsidie, taxation, or other imposition, or duty for the same, the duty of excise excepted, during the space of three yeares nexten- suing, except unto the plantation of Newfoundland, Provided, security be given to the officers of the customes, that the said merchandizes and goods so to be ex- ported shall be really transported unto the said forrein plantations and no other places, there to be used for the onely use of the said plantations.
II. That it shall be lawful for any persons, subjects of this kingdome, to trans- port from hence unto the sayd plantations such persons as being fit to advance the trade shall be willing to be employed in the severall plantations : Provided the names of them be registered in the custome house book, and neither force used to take up such servants nor any apprentices entred to desert their masters, nor any children under age, admitted without the consent of their parents; and also that certificate be returned from the governor of such plantation within one yeare of the arrivall of the sayd persons there. And provided, that none of the sayd plantations do suffer or permit any ship, barke, or vessell to take in any goods of the growth of the sayd plantations from any of their ports, and carry them to any forrein parts, except in English bottoms ; and if any of the sayd plantations shall offend therein, the sayd plantation shall be excluded from the benefit of this ordinance, and shall pay custome as other merchants do to France, Spaine, &c., or other forrein parts.
[The above copy of the ordinance is taken from Hazard's Collections, vol. i, p. 634; except, that the preamble prefixed to it is from Holmes's Annals, vol. i, p. 341, who cites it as from Anderson's Commerce, vol. ii, p. 404-5.]
NOTE (LVII.) p. 309.
Letters between Sir William Berkeley, Mr. Edward Hill, and governor Greene. FROM SIR WILLIAM BERKELEY TO GOVERNOR CALVERT.
"Sir,-I received your letter concerning your mare, but could never learn who brought it, nor who was to receive and return my answer ; but by this opportu- nity, have sent to Mr. Trussel speedily to deliver the mare and colt to you. Mr. Hill has often spoke to me to desire me to write to you, that you will give him satisfaction for some things which were left, and some things which are in your hands, and that he might have such conditions as you and he subscribed to. I told him he need not doubt, but you would give him all satisfaction , but he was so earnest with me to write, that I could deny him to speak to you to do him justice. The particulars of his demands I know not, but shall desire you to satisfy him in what is justly due to him. This is all at present. Your humble servant, WILLIAM BERKELEY.
June 12th, 1647.
Endorsed-For the honble. Leonard Calvert, esqr. governor of Maryland. From Mr. Edward Hill to governor Calvert.
"Honoured Sir,-My occasions to Appamatuck induced me once more to send over to desire those dues that are justly owing to me from you for my sallary in that unhappy service, viz: half the custom, half rents, and satisfaction for Cole- lough's horse. You know it is mine even by your promise, where you offered me the exchange of your filley at Chicocoan. I satisfied Sir William Berkeley in this cause and procured his letter, which, if it prevail not, hath left me to my remedy in the interim. I shall only desire a fair answer and that fame and sug- gested rumours altogether false shall not prejudice my right. I request your answer and rest yours, if you please, EDWARD HILL.
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