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 109
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signify his disassent thereto and no longer. Laws con- firmed to be perpetual.
governor to adjourn, pro- rogue, and dissolve as- semblies at pleasure.
governor to make ordi- nances, &c.
time to time to make, constitute, ordain, and publish in our name such reasona- ble and profitable ordinances, 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 provided that such penalties do not extend to the tak- ing away of the right or interest of any person or persons of or in their life members freehold goods or chattels nor be repugnant or contrary but agreeable as near as may be to the laws established within the realm of England and to the laws and ordinances established or to be established within our said province of Maryland, all which edicts and proclamations shall stand in force only until we or our heirs shall signify the contrary under our or their hand and seal to our lieutenant for the time being and the people there or that our lieutenant there Governor to appoint places for public ports, and officers for the time being shall in his discretion think fit to repeal the same, and further we do hereby grant full power and authority unto him our said lieutenant to ap- point from time [to time] fit places for public ports for lading ships unlading for the same. and discharging of all goods and merchandizes to be imported or exported into or out of our said province of Maryland and to appoint officers and ministers in And to erect the same places and ports and also to erect and establish convenient places
and establish fairs and for the holding and keeping of fairs and markets and to establish fairs and mar- markets. kets to be there held upon certain days for that purpose to be by him appointed
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and we do further by these presents grant full power and authority unto him our Power to the said lieutenant during the time of his being our lieutenant there to pardon and remit if he see cause in part or in the whole all pains forfeitures or penalties grant pardons which any person or persons within our said province 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 our said province and to grant pardons for all and every such delinquents in our name under our great seal of our said province so as such pardon or pardons extend not to the pardoning of William Clayborne heretofore of the isle of Kent in our said province of Mary- Except to land and now or late of Virginia or of his complices in their late rebellion against our rights and dominion in and over the said province nor of Richard Ingle nor Durford, or Clayborne, Ingle and John Durford mariner nor of any other person or persons whom we shall here- other persons specially ex- after at any time think fit to except from pardon by any act under our hand and cepted. seal and signified to our lieutenant before we have granted any pardon to such person or persons under our great seal there, And we do by these presents com- Governor to mit the custody and keeping of our great seal of our said province of Maryland have the cus- unto him our said lieutenant and we do hereby further grant unto him our said great seal tody of the lieutenant power and authority for us and in our name to pass and grant under and pass all the same our great seal all writs and protests all commissions for the execution under the public acts of justice and for dividing and bounding of lands all pardons licences and other same. 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 Power to him said lieutenant for us and in our name to pass and grant under our great seal to to make grants of such person or persons such proportions and quantities of land within our said lands. province for such estate and interest and with such privileges and immunities as we shall from time to time give him oursaid lieutenant warrant for under our hand and seal at arms and not otherwise, all which grants to be made passed or granted after the same grants and the said warrants under our own hand and seal at arms for the passing hereof shall be recorded or registered by our secretary of our 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 the said warrant under our hand and seal at arms for the pass- ing thereof are recorded and registered and that the grantee or grantees have performed our last conditions of plantation dated the 20th day of June last past if the grant be past by virtue thereof concerning the transportation of so many persons into our said province as is required by the said conditions for such a grant and also have taken the oath of fidelity to us and our heirs lords and pro- prietaries of the said province of Maryland mentioned in the said last conditions of plantation and also that our surveyor general there for the time being or his sufficient deputy shall have likewise certified under his hand on the back side of every such grant that the said land therein mentioned hath been truly surveyed and contains no more in quantity than it ought to do by warrant from us, and after the grant shall be also testified by our said lieutenant subscribing his name thereto we do hereby declare shall be effectual in law and not before against us and our heirs and shall bind us and our heirs as firmly as if livery and seisin had been given and executed thereupon, and we do will and require our said lieu- The governor tenant to advise as there shall be cause with those who shall from time to time to advise with by immediate commission or warrant from us under our hand and seal at arms the council. be of our council there for the time being upon all occasions concerning the good government of our said province of Maryland and of the people there, And we The governor do further hereby grant full power and authority unto our said lieutenant and and council unto our said council for the time being, who shall from time to time be then judges of the constituted present in court or the major part of them whereof he our said lieutenant or his provincial deputy being also of our said council to be always one and to have a casting vote court.
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to enquire hear and finally to judge of and upon all causes criminal and civil whatsoever of what nature kind quality degree and condition soever the same shall be which may happen within our said province of Maryland according to the laws from time to time in force of and in the said province and in default thereof according to his and their best discretion as fully and absolutely as we ourself might do if we were personally present to give sentence or judgment of or in or upon the same and to award execution upon every such sentence or judgment all and every powers and authorities above-mentioned we do hereby grant unto our said lieutenant William Stone and our said council till we or our In case of the heirs shall signify our or their pleasure to the contrary and no longer, And lastly, governor's death or ab- whereas our said lieutenant may happen to die or upon some urgent occasion to sence out of be absent from time to time out of our said province of Maryland before we can the province have notice to depute another in his place we do therefore grant unto him our point a depu- said lieutenant full power and authority from time to time in such cases to no- he may ap- .ty. minate elect and appoint some one of our council there or in default thereof some able person inhabiting and residing within our said province 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 justice magistrate and commander as well by sea as by land of our said province of Maryland and of the islands to the same belonging during such absence of him our said lieu- tenant out of the said province or until we or our heirs signify our pleasure to the contrary in as large and as ample manner as we have by these presents "The governor authorised him our said lieutenant to govern for the present, and in case our said failing to ap- point, the council to elect one of themselves. lieutenant shall happen to die or be absent out of said province of Maryland and shall fail to make choice of nominate and appoint some person to be our lieuten - ant general chancellor keeper of our great seal admiral chief captain magistrate and commander of our said province of Maryland as well by sea as by land, We do hereby grant unto our councillors there for the time being or the greater part of them full power and authority from time to time in every such case to nomi- 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 lieutenant general chancellor admiral chief governor captain magistrate and commander as well by sea as by land of our said province of Maryland and of the islands to the same belonging which person so to be chosen and appointed in any of the cases aforesaid either by the nominating and election of him the said William Stone cur present lieutenant or of our council as aforesaid we do hereby declare shall be our lieutenant generall chancellor keeper of our great seal admiral chief go- vernor captain and commander of the said province of Maryland during such absence or in case of death of our said lieutenant Wm. Stone out of our said pro- vince or until we or our heirs shall signify our or their pleasure to the contrary and no longer to which lieutenant general chancellor keeper of our great seal admiral chief governor captain magistrate and commander so to be elected nomi- nated and appointed as aforesaid we do hereby grant the like power and authori- ty in all causes and things as we have by these presents above granted unto the said William Stone and no otherways untill we or our heirs shall signify our or their pleasure to the contrary and no longer hereby commanding our councillors commanders 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 obe- dient unto him in all things matters and causes as we have in and by these pre- sents commanded them to be obedient to the said William Stone our present lieutenant general chancellor keeper of the great seal admiral chief governor captain magistrate and commander upon pain of such punishment to be inflicted upon them and every of them as such a high contempt shall deserve, Provided
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always that before the said William Stone or any other in the cases of his death Provided that or absence above-mentioned shall take upon them or any of them any of the said the said Wil- liam Stone or
offices hereby granted to the said William Stone or execute any of them or any other gover- of the powers and authorities granted by these presents to the said William Stone nor take the oath of the they and every of them especially the said William Stone shall take the oath en- lieutenant titled The Oath of the Lieutenant General or Chief Governor of the Province of general. Maryland signed with our hand and hereunto annexed to be administered unto the said William Stone and every of them upon the holy Evangelists by our secretary of the said province for the time being in open court or in his absence by two of our council there for the time being whom we do hereby authorise to administer the same accordingly, And because some other able persons may go Power to the' and reside within our said province of Maryland before we can have notice governor to. appoint su- thereof who may be fit to be of our council for the better assistance of our said pernumerary lieutenant in the government there and whose names we cannot therefore put for councillors .. the present in our commission under our hand and seal at arms and sent herewith for the appointment of such to be of our council within the said province as are nominated in our said commission, therefore we do hereby grant power and authority to our said lieutenant William Stone within twelve months after the date hereof to nominate two or three such able and faithful persons over and above those who shall be nominated by our said commission to be of our council in our said province every of whom we do hereby appoint to be of our council there to all intents and purposes and to have the like powers and authorities as if they and every of them had been nominated in our said commission for our said council or by any other particular warrant under our hand and seal at arms for that purpose and so to continue till we or our heirs have notice thereof and shall think fit to discharge again them or any of them respectively by any war- rant or writing under our or our said heirs' hand and seal at arms from being of our or their council there any longer any thing herein contained to the contrary notwithstanding, provided nevertheless that every one of the said persons so to Provided, be nominated by the said William Stone to be of our council there as aforesaid such super- numerary shall respectively take in open court within our said province the same oath of a councillors councillor to us and in the same manner as we have appointed to be taken by the of a council- take the oath rest of our council in our said province before he shall be admitted to be of our lor. council there which oath shall be administered unto every such person by our secretary there for the time being unto whom we do by these presents give power and authority to administer the same accordingly .- Given under hand and great seal at arms at Bath the sixth day of August in the seventeenth year of our dominion over our province of Maryland Annog: Dom. 1648."
"The Oath of the Lieutenant or Chief Governor of the Province of Maryland.
I, A B do swear that I will be true and faithful to the right hon'ble Cecilius: lord baron of Baltimore the true and absolute lord and proprietary of this province of Maryland and his heirs and him and them and his and their rights royal juris- diction and seignory all and every of them into and over the said province and' islands thereunto belonging will at all times defend and maintain to the utmost of my power and will never accept of nor execute any place office or employment within the said province any way concerning or relating to the government of the said province from any person or authority but by from or under a lawful authority derived or to be derived from time to time under the hand and seal at arms of his said lordship or his heirs and assigns lords and proprietaries of the said province, I will faithfully serve his said lordship as his lieutenant of the said province and in all other offices committed to my charge by his said lordship's commission or commissions to me, and will willingly yield up the said commis- sion and commissions again, and all offices powers and authorities granted or to be granted by them or any of them into the hands of his said lordship and his heirs and asssigns or to such person or persons as he or they shall appoint when-
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soever he or they shall appoint me so to do and shall signify the same unto me in any writing under his or their hand and seal at arms and will not presume to put in execution or attempt to execute any office power or authority granted unto me by any of the said commission or commissions after that his said lord- ship or his heirs or assigns lords and proprietaries of the said province shall re- peal them or any of them respectively by any writing under his or their respec- tive hand and seal at arms and that the said repeal be published within this pro- vince, I will do equal right and justice to the poor and to the rich within the said province to my best skill judgment and power according to the laws and ordinances of the said province and in default thereof according to my con- science and best discretion and the power granted or to be granted to me by his said lordship's commission or commissions, I will not for fear favour or affection or any other cause let hinder or delay justice to any but shall truly execute the said office and offices respectively according to his said lordship's commissions to me in that behalf and to the true intent and meaning thereof and not otherwise to the best of my understanding and judgment, I will not know of any attempt against his said lordship's person or his right or dominion into or over the said province and the people therein but I will prevent resist and oppose it with the utmost of my power and make the same known with all convenient speed to his said lordship, and I will in all things from time to time as occasion shall require faithfully counsel and advise his said lordship according to my heart and con- science, and do further swear that I will not by myself nor any person directly or indirectly trouble molest or discountenance any person whatsoever in the said province professing to believe in Jesus Christ and in particular no Roman Catho- lick for or in respect of his or her religion nor in his or her free exercise thereof within the said province so as they be not unfaithful to his said lordship or molest or conspire against the civil government established here under him, nor will I make any difference of persons in conferring of offices rewards or favours pro- ceeding from the authority which his said lordship hath conferred upon me as his lieutenant here for or in respect of their said religion respectively but merely as I shall find them faithful and well deserving of his said lordship and to the best of my understanding endowed with moral virtues and abilities fitting for such rewards offices or favours wherein my prime aim and end from time to time shall sincerely be the advancement of his said lordship's service here and the public unity and good of the province without partiality to any or any other sin- ister end whatsoever, and if any other officer or person whatsoever shall during. the time of my being his said lordship's lieutenant here without my consent or privity molest or disturb any person within this province professing to believe in Jesus Christ merely for or in respect of his or her religion or the free exercise thereof upon notice or complaint thereof made unto me I will apply my power and authority to relieve and protect any person so molested or troubled whereby he may have right done him for any damage which he shall suffer in that kind and to the utmost of my power will cause all and every such person or persons as shall molest or trouble any other person or persons in that manner to be pun- ished, I will faithfully serve his lordship as his chancellor and keeper of his great seal of this province committed to my charge and custody by his said lord- ship's commission to me to the best of my skill and understanding, I will cause the impression in wax of the said seal to be affixed to all such things as I have or shall from time to time receive commission or warrant for so doing from his said lordship under his hand and seal at arms and that it shall not be affixed to any other writing or thing whatsoever directly or indirectly with my privity con- sent or knowledge, I will do my best endeavour lawfully to preserve the said great seal in my custody so long as it shall please his said lordship to continue me in the charge and keeping thereof to the end that it may not be lost stolen or
.
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unlawfully taken from me and whereby any other person may affix the impres- sion thereof unto any writing or thing whatsoever without authority for so doing lawfully derived or to be derived from by or under his said lordship's hand and seal at arms, and that I will truly and faithfully deliver up again the said great seal into the hands of such person or persons as his said lordship or his heirs shall appoint when his or their pleasure for that purpose shall be signified unto me under his or their hand and seal at arms, So help me God and by the contents of this book."
[Taken from the book entitled "Council Proceedings from 1636 to 1657," p. 168 and 181.]
NOTE (LXIII.) p. 337. "Commission of the Council of State in Maryland.
Cecilius absolute lord and proprietary of the provinces of Maryland and Ava- lon lord baron of Baltimore, &c., to our trusty and well beloved Thomas Greene esqr., captain John Price, Thomas Hatton our secretary, John Pile, and captain Robert Vaughan gent. greeting, Know ye, that we reposing special trust and confidence in your wisdoms, diligence, and experience, have assigned and ap- pointed you jointly and every of you severally to be our privy council of state 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 until we or our heirs shall signify our or their pleasure to the contrary to assemble and meet together with our lieutenant or chief governor of our 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 before 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 and more peaceable government of our said province of Maryland we de hereby assign and appoint you and every of you until we or our heirs shall signify our or their pleasure to the con- trary to be our justice and justices commissioner and commissioners for conser- vation of the peace within our said province of Maryland, and do hereby grant unto you and every of you in case any breach of peace shall happen within your any or either of your views or in case you shall be informed of any breach of the peace full power and authority to arrest or call before you by your war- rant in our name to be directed to the sheriffs, constables, or other officers of counties, towns, villages, and other places within our said province of Maryland all and every the offender and offenders against our peace and if you see cause to bind over the offender or offenders with a good surety or sureties to appear before our lieutenant or chief governor and 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 default 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 within the said province as to you shall seem fit there to re- main until they shall find good surety or sureties as aforesaid or until he or she or they shall be delivered by our lieutenant and chief governor and the council of our said province or the greater part of them whereof our lieutenant or chief governor 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 arrest or by your warrants to cause to be arrested and attached in our name and to bring to due punishment any offender or offenders in weights or measures, all forestallers of markets, re- grators, ingrossers, extortioners, rioters and other offenders against the publick welfare and peace of the province of Maryland, and we do hereby command all our sheriffs, officers, and ministers whatsoever that they and every of them be obedient unto our said councillors and commissioners and every of you in all
VOL. II .- 82
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things as becometh, Provided always, that every one of you the said Thomas Greene, esqr., captain John Price, Thomas Hatton, John Pile, and Robert Vaughan nominated herein to be of our council of our said province do take the oath hereunto annexed entitled the oath of a councillor of state in Maryland be- fore any of you respectively who shall not have taken the oath do presume to put in execution any of the powers and authorities hereby or by any other com- mission granted by us unto you as councillors or conservators of the peace in our said province or be admitted of our council there any thing herein or in any other commission of ours to the contrary notwithstanding which said oath shall be administered unto you and every of you respectively upon the holy evange- lists by our lieutenant or chief governor of our said province for the time being whom we do hereby authorise and require to administer the same accordingly. Given under our hand and greater seal at arms the twelfth day of August in the 17th year of our dominion over our said province annoq. domi. 1648.
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