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 108
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Chicacone, this 18th June, 1647.
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Postscript .- The remainder of the levy I hope you will see satisfied and my 146 arm's-length of Roanoak.
Endorsed-To the honourable Leonard Calvert, esqr .- These present.
Governor Greene's answer to captain Hill.
"Sir,-The noble gentleman, to whom yours were directed, is some days since laid in his grave, and hath appointed me here in his stead. For answer therefore to your demand concerning the customes, half rent, and satisfaction for Cole- lough's horse I not as yet understanding the business can make you no other answer than that whenever you please to send your attorney hither to plead your right you shall receive full satisfaction according to what justice will allot you. The rumours you mention we regard not, being fully determined (if any such things shall be true) to give the disturbers of his majesty's the king's peace their due punishment at any time when they shall invade us, and for your good there- fore whatever we hear to the contrary we wish you shall be none of them. The remainder of your levy the law hath so fully provided for you that you need not doubt by our having it when tobacco comes payable. The 146 arm's- length of Roanoak you may please to add to the claim above mentioned where- in justice shall be duly administered unto you. Sir, I rest your friend,
This 19th June, 1647. THOMAS GREENE.
Endorsed-To captain Edward Hill .- These present.
From captain Hill to Mr. Greene and captain Giles Brent.
"Honoured Sir,-I doubt not but you are familiar to such unhappy passages as were the first inducements to me for the entertainment of the government of Maryland, and although the specious pretence of that clause of absence in the governor's commission was the whole pretended title of a reinuation,* I am con- fident it would not be held sufficient to the usage of force, even by his lordship against his lordship's government then instated on me, for these ensuing reasons.
Ist. The late governor being out of the province had not power to grant com- mission for to rule them.
2dly. His lordship's council had then the immediate power in the election and choice of a governor, which, as the state of things then stood, they supposed it absolutely necessary for the safety of the province to confirm me independent of any contradiction but his lordship and this assembly ..
3dly. If the late invasion should be held lawful I doubt not but you are sensible to what a slavery the king's freeborn subjects and so consequently yourselves are involved in, when the single power of a governor should disannull his own and the country's act by a countermand, his own I say, tho acted by another person.
Gentlemen,-"I presume upon this to make this petition, that the govern- ment of the said province is as inherent to me till his lordship's pleasure be fur- ther known as his lordship's right in the said province or as you his council. What insufferable losses both of fortunes and credit I have sustained I doubt not but report hath brought it to you, but inducement of friends with the throngs of those that have been ruinated by the unjust breach of the composition are daily clamorous in my ears, so that even justice if not credit or loss will force me I fear to some strange overture in that business. I am altogether unwilling to move the stone violently. What inundation, loss, and ruin it will produce to the whole I am not ignorant of. I had rather some moderate way were taken for the satisfaction on all sides-occasion (by the death of the late gent. (is now bald -t all discontents may be easily pacified and brought to good
*This word is so written in the record, but it seems to have been intended for the word-re-in- vasion ; meaning the invasion of governor Calvert, after that of Ingle and Clayborne.
The defect above is so in the record.
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terms of qualification, Peace may breath a quiet possession unto them and every one there resident, but, if the storm once break out, itis to be feared that proceeding from such an influence of discontent that it may overwhelm the whole .- Sirs, in this there is only difference in the persons of the governor, not his lordship's title infringed nor the peace, so that you may be confident it may be acted without evil or the punishment thereof which will happily fall on the opposers .- Howsoever, (since Sir William Berkeley's letters nor my own can procure a private right but by attorney) I have little hope to prevail in this busi- ness of such concernment, yet that I might give a fair demonstration to the world and his lordship of all proceedings, I have adventured to write thus much unto yee his council, and in all friendly love request your answer. I would to the uttermost of my power endeavour the safety of the province under his lord- ship ; if it fail, for all that I know you may be blame-worthy ; for, others of hu- mour different from mine privately embrace a parliamentary influence, which may prove fatal to the whole. Gentlemen, I leave this to your consideration and rest your very loving friend, EDWD. HILL.
Checakone, this 20tlı of June, 1647.
Postscript-Gentlemen, I have stopt my return to Virginia in expectation of your answer, which I hope will be speedy and in that very courtesy I shall rest thankfully yours, EDWARD HILL.
Endorsed-To his hond. friends-Mr. Thomas Greene and captain Giles Brent-these present.
From Governor Greene to Captain Edward Hill.
"Sir,-Whereas your vain claims of right to this government are grounded' upon this false pretence, that the late governor being out of the province and not nominating one in his stead, the council residing in the province had full power and authority to elect and choose you, which is evident they had not, as the words of his lordship's commission plainly show, for the words of his lordship's commission in brief are these,-that in case our lieutenant shall happen to die or be absent out of the province, and shall fail to make choice of some person to be our lieutenant, &c., we do grant to our councillors full power in such case to elect such an able person, inhabiting and residing within our said province, which shall be one of our council there, which I presume you are none of,-if you are, we understand it not as yet. As for your menacing us with dangers and fears, we regard them not, desiring you in courtesy, if you please, to desist from such unlawful ways. The government is now lawfully instated upon me, one of his lordship's council, whose right and title I am resolved (God willing) to defend and maintain with all that is dear unto me my life ; the rest of your kind threatning letter I pass it over as not regarding it, only this I say, that if his lordship shall appoint you to be his governor here, (to whom I hear you have written to that purpose, ) after his lordship's signification therein, I shall readily resign unto you, but your boasting threats and other vain persuasions shall not easily allure me to it before his lordship's pleasure known therein. I rest your friend,
THOMAS GREENE."
St. Inigoe's Fort, this 21st June, 1647.
Endorsed,-To Captain Edw'd. Hill-these present.
From Governor Greene to Sir William Berkeley.
"Honoured Sir,-Your letter dated the 12th of June last, and directed to Mr. Calvert, came into my hands, the said Mr. Calvert being dead some few days afore, who substituting me in his stead, I make this answer to your request in the said letter concerning captain Hill, who much without reason seems to sus- pect and doubt the justice of this court; and whereas, sir, in his behalf you desire he should be satisfied in what shall be justly due unto him, I am confi-
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dent never was nor ever would have been denied him by the noble gentleman, deceased, without any such solicitation from you, nor shall captain Hill, I hope, ever have just cause of clamour for any thing unjustly detained from him here, so long as I shall have any interest in the government of this province, and these are humbly to intreat you to take some effectual course that captain Hill may not by his evil designs and practices, proceed to disturb his majesty's the king's peace here, of whose unjust and wicked designs of invading this province by the way of Chicacoan and Appametucks with some other forces to be drawn out of other parts of Virginia, we have daily credible information by others and of late expressions of his own sent unto us under his own hand from Chicacoan to that purpose, for as I would not willingly this colony should be further embrued in the effusion of blood, if it may be avoided, so likewise I will not be understood so unresolved as not to be fully determined to give him his due and deserved punishment whenever we shall be invaded by him. The government of this province under his lordship being now lawfully instated upon me by the nomina- tion of Mr. Calvert at his death, I am resolved by God's help to defend and maintain, though it be with the hazard and ruin of the whole, rather than to yield the least jott of his lordship's right and title here, so clearly due to him to the will and malice of such rebellious spirits; and shall not doubt but the advisers, abettors, and even the most private suggestors, as well as the open actors of such outrages, will in their due time be brought to light, shame and confusion. Thus, in a confident expectation of some speedy stay by your authority to these intended mischiefs of captain Hill's upon this colony, so much recommended to your protection and assistance by his majesty's letters,
I rest your humble servant,
THOMAS GREENE.
Endorsed-To the Right Hon'ble Sir William Berkeley, Knt. Gov'r of Virginia-these present."
[N. B. No date appears in the record to this last letter. The preceding copies. of these letters are taken from the book in the council chamber, entitled " Coun- cil Proceedings from 1636 to 1657," p. 154 to 161.]
NOTE (LVIII.) p. 326.
"The oath of Captain John Price taken in open Assembly, 29th February, 1647.
"This deponent saith, that he questioning Mr. Calvert, how the great charge incurred should be paid, the said Mr. Calvert replied, that the charge should be paid out of his own estate and his lordship's estate, and if that were not suffi- cient, he would engage the province even with the sale of his lordship's patent.
Walter Pakes deposeth in open assembly, that one Elias Beech declaring to Mr. Leonard Calvert in presence of this deponent, that he would depart the pro- vince for fear of great charges for payment of soldiers' wages like to light upon the country, to whom Mr. Calvert replied, that his own estate and his brother's should pay the soldiers, and that no other charge should come upon the country more than the 60 lb. of tob'o. a hh'd. and further added saying if that will not do I will engage his lordship's country for the satisfying of the said soldiers.
Lieutenant William Evans deposeth in open assembly, that he hath heard Mr. Leonard Calvert say words to this effect, whereas he found it necessary to main- tain such a charge in defence of the province, if his lordship's estate in the pro- vince could not defray the charge, his own should, and if that would not he would engage his lordship's province.
William Whitle deposeth in open assembly, that he hath heard Mr. Calvert say, that his lordship's estate and his own estate should go towards the payment of the soldiers, and if that were not sufficient, he would engage the province ; and in particular he the said Mr. Calvert agreed with the soldiers to take cowes
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with calf or calves by their sides at the rate of 600 1b. of tob'o. and heifers in calf or calves by their sides at 500 lb. tob'o. towards their wages.
Mark Pheypo deposeth in open assembly, idem ad verbum quod William White ut supra." [Taken from "Assembly Proceedings from 1637 to 1658," p. 321.]
NOTE (LIX.) p. 327. Proclamation of Pardon.
"Whereas sundry the inhabitants of this province, by instigation of one Richard Ingle, have unfortunately run themselves into a rebellion against the lord proprietary of this province, and therein have committed divers insolencies and robberies against the laws of this province, but are now returned into obe- dience again and submitted themselves to his lordship's government, I do hereby in his lordship's name by virtue of his commission in that behalf publish and grant a general absolute and free pardon, unto every and singular the inhabit- ants residing within this province, of all crimes of rebellion, sedition and plun- der, and of all other offences whatsoever, of what nature soever committed within this province, against the laws of the province, from the 14th of February, 1644, unto the sixteenth day of April last past, and of all losses of life, goods or lands, and of all other penalties incurred by the said offences or any of them, and I do further declare in his lordship's name, that every other person out of the province acknowledging sorrow for his fault, and requiring pardon before the feast of St. Michael the archangel next, shall have such pardon granted unto him under my hand and the seal of the province, excepting Richard Ingle, mariner .- Given at St. Mary's, 4th March, 1647. THOMAS GREENE."
[Taken from "Council Proceedings from 1636 to 1657," p. 166.]
NOTE (LX.) p. 327. " PROCLAMATION
" By the Governor and Generall of Maryland.
"Whereas I am given to understand of the enemies being actually on foot, in- tending (if possibly they may ) to invade us, and considering the danger of the present times, and how troublesome and inconvenient it may prove to divers inhabitants of this province, and prejudicial to the whole to hold a court in the beginning of June next, (especially all causes being to be tried by a jury, which will much weaken those parts from whence they come, ) there being no business of that consequence or so urgent at this time in the province to be heard and determined, but may suffer delay; and being desirous to provide in the best manner I may for the good and safety of the province, these are to give notice to all the inhabitants of St. Mary's county, and to all others whom it may con- cern, that I have adjourned all causes to be tried this next court in the beginning of June, untill October next; reinforcing all writs, warrants or other process, returnable this next court as aforesaid, untill October; and all jurors and others warned upon summons bound to attend this court, are to take notice hereof, and give their attendance at the court to be held in the beginning of October as afore .- Given at St. Mary's this 22d May, 1648. THOMAS GREENE."
[From "Council Proceedings from 1636 to 1657," p. 166.]
NOTE (LXI.) p. 328.
"This day the freemen of the county of St. Mary's met together at the governor's to advise touching the levy of the charges incurred this present year and deter- mined by the governor and council on the 9th of October last to be levied out of the county, the whole charge amounting to 7752 lb. tobacco and cash, the free- men alledge that the charge for imprisonment of the Indians is unduly laid upon
VOL. II .- 81
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the county, but alledged not any thing material for it, Whereupon the governor found no reason to alter the former order set down by the governor and council as above ; as concerning the manner of levying the said charge, the freemen unanimously agreed and concluded, that it should be levied upon all the tythea- ble persons inhabitants of St. Mary's county equally per head that were residing in the county from the tenth of June last which resulteth to 55 lb. tobacco.
June 14th, 1648."
[From the book entitled "Assembly Proceedings from 1637 to 1658," p. 338.],
NOTE (LXII.) p. 336.
"A commission from the lord proprietary constituting William Stone, esqr., his. lieutenant, &c., of Maryland.
Cecilius absolute lord and proprietary of the province of Maryland and Ava- lon lord baron of Baltimore, &c., to all the inhabitants and people in Maryland and to all others to whom these presents shall come and any way concern, A revocation greeting. Know ye, that we for divers special causes and considerations us of all former commissions thereunto moving have revoked and determined and by these presents do de- to any gover- clare that we do hereby revoke and absolutely determine all former commissions nor hereto- fore. heretofore granted unto our dear brother Leonard Calvert, esqr., late governor NOTE. The of Maryland deceased or to any other person or persons whatsoever concerning marginal abridgments the government of the said province of Maryland and all powers and authority here inserted by us thereby granted unto him or them or to any other of our council or to any are not in the other person or persons whatsoever in or by the said commissions or any of them record. and also all power heretofore given to our said brother or any other person or persons by the said commissions or any of them or otherwise of enacting or as- senting unto any laws or ordinances in our name within our said province of All former councillors discharged. Maryland, and we do likewise hereby discharge all and every person and persons whatsoever from our council and to be of our council within the said province of Maryland which heretofore have been of our council there, nevertheless con- sidering 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 whereas our trusty and well beloved William Stone now or late of Northampton county in Virginia esqr., hath un- dertaken in some short time to procure five hundred people of British or Irish descent to come from other places and plant and reside within our said province of Maryland for the advancement of our colony there and being confident of his wisdom, fidelity, industry, integrity, and other virtues which render him capable and worthy of the trust hereby by us intended to be reposed in him have nomi- nated, constituted, ordained, authorized, and established, and by these presents William Stone, esqr. appointed governor. do nominate, constitute, ordain, authorize, and establish the said William Stone our lieutenant, chief governor, general, admiral, marshall, chief captain and commander as well by sea as by land of our said province of Maryland and the islands to the same belonging, and by these presents do grant unto him the chief commandment and absolute authority under us above and in all matters of war- fare 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 our rights and dominion there and to do all such things as do belong or appertain to the' office of a lieutenant general, chief governor, general, admiral, marshall, chief captain or commander under us of the said province of Maryland in as large and . ample manner to all intents and purposes (except hereafter excepted) as we our- self might do if we were personally present to have, hold, execute and adminis- ter the same with such and as ample power and authority as if we were person-
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ally present to have, hold, execute and administer the same with such and as ample power and authority as if we were personally present might do or exe- cute the same (except hereafter excepted) until we or our heirs shall signify our or their 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 Maryland all commanders 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 persons whatsoever within our said province of Maryland of what quali- ty and condition soever they be that they and every of them do acknowledge the said William Stone in the quality of our lieutenant chief governor general admiral chief captain and commander under us over all our said province of Maryland and the islands and members of the same and to honour and 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 contempt of disobedience and ne- glect shall deserve, and to the end that no person within our said province of This com- Maryland shall pretend ignorance hereof we do command that this our commis- mission to be sion and ordinance be proclaimed and published within our said province at the and publish- proclaimed places accustomed to proclaim and publish our edicts and ordinances command- ed at the usual places ing him our said lieutenant to proceed to punish all contemners and neglectors of within the the same in such strict and severe manner as we ourself might do if we were province. there personally present and that without favour or connivance, and we do fur- Governor ther by these presents make constitute ordain and establish the said William chancellor Stone to be Stone to be our chancellor chief justice and chief magistrate within our said and chief province until we or our heirs shall signify our or their pleasure to the contrary, the province. justice within and we do hereby give him power from time to time to appoint and constitute Power to the officers and ministers excepting councillors and such other officers as shall be governor to from time to time immediately appointed by commission or warrant from us un- appoint all officers ex- der our hand and seal of arms for the administration and execution of justice cept council- and for doing and executing of all other things whatsoever which doth belong such officers lors, and to the establishment and government of a good and happy commonwealth with- as shall be in our said province and the preservation of our rights and dominion there, and appointed im- mediately by do further by these presents grant unto him our said lieutenant chancellor chief his lordship. justice and chief magistrate full and absolute power and authority when and as often as he shall think fit to call and summon in our name from time to time one Power to him or more general assembly or assemblies of our freemen of our said province of blies. to call assem- Maryland or their deputy or deputies at such place or places within our said province as he shall think fit for the enacting of wholesome laws and ordinances for the government and well ordering of the said province and people within the same to which purpose I do hereby grant full power and authority unto our said lieut. from time to time in such general assemblies to be so summoned by him in the said province of Maryland in our name stead and place to enact and assent Power to him unto such laws and ordinances as he our said lieutenant shall think fit and ne- to assent to 'laws. cessary for the good government of our said province of Maryland and which shall be consented to and approved of by our freemen of our said province or the ma- jor part of them or their deputies to be assembled by him our said lieutenant there from time to time for the enacting of laws within that province as afore- said, Provided that the said laws so to be enacted and assented to by him our Provided that said lieutenant there in our name be as near as conveniently may be agreeable agreeable such laws be and not repugnant or contrary to the laws of England and that every one of the and not re- said laws so to be enacted and assented unto in our name be to continue in force the laws of pugnant to till we or our heirs shall signify our or their disassent thereunto under our or England. their hand and seal and no longer, Provided also that our said lieutenant do not nue in force And to conti- in our name or otherwise enact or assent unto the repeal of any law or laws al- until his lord- ready enacted or which shall be from time to time hereafter enacted in our said. sent thereto. ship's disas-
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Provided also, that the governor do not assent unto the rc- pral of any province of Maryland by us or in our name with the consent and approbation of our said freemen or the major part of them or their deputies nor unto any law or laws for the constitution confirmation alteration or change of any officer or offi- cers within the said province, or which shall impose any fine forfeiture or con- law to which fiscation to any other use or uses than to the use of us and our heirs lords and the lord pro- prietor as- sents. proprietaries of our said province of Maryland, to any law or laws which may any way concern matters of religion, constitution of parishes within our said Nor assent to any law for constituting offices. province, payment of tithes, oaths to be imposed or taken by any of the people which are or shall be from time to time in our said province of Maryland, trea- Or which im- sons, matter of judicature, or any matter or thing which may any way infringe pose any fine, &c. to other use than to the lord proprie- tary. Or which concern reli- gion, &c. without spe- cial warrant or prejudice any of our rights, prerogatives, or royal jurisdictions and dominion over or in the said province of Maryland without further and special warrant from time to time under our hand and seal at arms first had and obtained and published to a general assembly of the freemen of our said province or their de- puties and to be kept from time to time among the records of the said assembly there, every of which laws so to be assented unto and enacted by him our said lieutenant there in our name not any intrenching upon or infringing any of the from the lord provisoes above mentioned and consented unto and approved by our said freemen proprietary. Laws so or their deputies or the major part of them in such manner as aforesaid and not enacted to be otherwise we do hereby declare shall be in force within our said province but if in force and valid unless we or our heirs shall signify our or their disassent thereunto under our or their his lordship hand and seal at arms and no longer excepting such laws as we have or shall think fit to confirm by our special and immediate assent thereunto declared or to be declared under our hand and seal at arms which laws so already confirmed or which shall be so confirmed from time to time by our special assent as aforesaid and agreed unto from time to time by our said freemen or their deputies or the Power to the major part of them we declare shall be perpetual, And we do by these presents grant full power and authority unto our said lieutenant to adjourn prorogue or dissolve all and every such assembly or assemblies heretofore called or hereafter by him to be called at his pleasure, And forasmuch as the calling of a general assembly of our said freemen and the consulting about and enacting of laws will require long time and much consultation and many times sudden and other necessary occasions may happen or fall out which require a speedy remedy, Power to the We do therefore grant unto him our said lieutenant full power and authority from
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