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 111
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121
2. The sixth part of the land of every mannor which shall be granted by virtue of the said conditions shall be for ever after accompted and known for the demes- nes of every of the said mannors respectively which demesnes shall be set forth in some one convenient place altogether within every such mannor by distinct meetes and bounds for that purpose and shall never be alienated separated or leased from the royalties and lord or lords of the said respective mannors from time to time for the time being for any number of years or other term exceeding seven years and the respective lords of every such mannor and their heirs shall
657
NOTES AND ILLUSTRATIONS.
have power from time to time and at all times hereafter to grant or convey any other part of the said mannor respectively (except the demesne land of the same) unto any other person or persons of British or Irish discent either in fee simple or fee-tayle for life lives or years to hold of him or them as of his or their said mannor respectively by and under such rents and services as he and they shall think fit not prejudicial to his lordship's royal jurisdiction there and so as all and every part of the said lands so to be granted or conveyed as aforesaid remain notwithstanding still subject and liable to the payment of such rents dues and services of every such mannor as are or shall be from time to time reserved upon the original grant thereof from his said lordship and payable to his said lordship and his heirs for ever.
3. What person soever of the discent aforesaid (except hereafter excepted) shall at his or his friend's charges cause to be transported any less or greater number of persons than twenty of the discent aforesaid into the said province from any other place and shall also observe the conditions hereunder mentioned he shall have granted unto him his heirs and assigns respectively under the great seal of the said province for and in respect of himself and every such person as aforesaid fifty acres of good land lying together in one place within the said pro- vince to be holden of some mannor there of his lordship's and his heirs in socage tenure rendering and paying yearly for every fifty acres to his said lordship and his heirs for the first seven years after the grant thereof the rent of one shilling sterling in silver yearly at the two most usual feasts of the year (viz ) at the Annunciation of the Blessed Virgin and St. Michaell the Archangel by even and equal portions or the value thereof in such commodities as his said lordship and his heirs or his and their officer or officers appointed by him or them from time to time to collect and receive the same shall accept in discharge thereof and for the next fourteen years in lieu thereof one bushel of such good wheat as is now usually growing and used in England or three shillings sterling in silver at the feast aforesaid by even and equal portions yearly at the choice from time to time of his said lordship and his heirs or his or their officer or officers who shall be authorised by him or them from time to time to collect or receive the same and after the said fourteen years in lieu thereof the twentieth part of the annual yield and profits of every the said fifty acres yearly or in lieu thereof twenty shillings sterling in silver or gold yearly at the feast aforesaid and at the choice aforesaid to his said lordship and his heirs for ever.
4. Every adventuror or planter his heirs and assigns shall cause so many per- sons of British or Irish discent from time to time to reside or inhabit upon the land granted to him or them in the said province as are required by the said con- ditions to be transported thither for the granting of the said land and in default thereof at any time upon a warning given unto him or them by such officers of his said lordship or his heirs as shall from time to time be appointed for that pur- pose for supply of the same such adventuror or planter and his heirs and assigns shall within one year after such warning given supply the number of persons that shall be so wanting to reside and inhabit upon the same or in default thereof to pay unto his said lordship and his heirs two bushels of good wheat yearly such as usually grows in England for default of every such person so wanting till such adventuror or planter and his heirs and assigns shall comply with this article of these conditions according to the true intent thereof and if the said default continue for three years together then for every man that shall be so wanting as aforesaid to inhabit and reside upon the said land it shall be lawful for his said lordship and his heirs to seize upon fifty acres of the said land where- upon there shall be at the time of such seizure no person of British or Irish dis- cent then residing or inhabiting and let the same to any other person for any term not exceeding three lives or one and twenty years upon such terms and
VOL. II .- 83
658
NOTES AND ILLUSTRATIONS.
conditions and under such rents and services as his said lordship and his heirs shall think fit paying such adventuror or planter and his heirs and assigns a tenth part of the rent that shall be paid by any such lessee for the same over and above the quit-rent to his said lordship and his heirs reserved upon the originall grant which shall be first deducted and payed.
5. Every man servant of British or Irish discent that shall be transported into the said province at the cost and charges of any other person or persons whatso- ever of the same discent shall at the expiration of the time of their service so as it be not under three years after their arrival there be accompted a planter within the said province and shall have so much land granted unto him his heirs and assigns there from his said lordship and his heirs and upon such terms and conditions as if such servant had transported himself into the said province at his own proper cost and charges.
6. It is not intended that any such adventuror or planter shall have any land granted unto him or them for any person for or in respect of whom any land in the said province at the time of such grant hath been formerly granted by his said lordship.
7. Every adventuror or planter that shall have any land granted unto him by virtue of these conditions, before any grant be delivered to him and before it shall enure to his benefit shall take within the said province the 'oath of fidelity to his lordship and his heirs lord and proprietarys of the said province hereunto specified.
8thly. Every adventuror or planter that shall have any lands by virtue of these conditions shall pay such fees to his lordship's officers within the said pro- vince for their respective grants of the said land as are or have been usually paid to the like officers in Virginia for the like grants in that colony or as have been paid for the like in Maryland or as is or shall be appointed by act of a general assembly there, so as they be not less than the said fees usually paid in Virginia or which have been paid for the like in Maryland.
9. Every adventuror or planter shall have all such lands as shall become due unto him by virtue of the said conditions assigned unto him in such parts or places of the said province as his lordship or his heirs or his or their lieutenant or other chief governor there together with his lordship's secretary and survey- or general there for the time being shall from time to time appoint for the gene- ral good of his lordship's colony there and the reasonable convenience and com .- modity of every such adventuror or planter.
10. His lordship doth except out of these conditions of plantation all corpo- rations societies fraternities guilds and bodys politick, as well spiritual as tem- poral, and every of them, and doth declare that he doth not intend that they or any of them shall be capable of or have any benefit by virtue of those conditions to inherit possess or enjoy any land within the said province, either in their own name or right or in the name or names or right of any other person or per- sons whatsoever to the use interest or benefit of any such corporation, guild, bodys politick, societies, fraternities, or any of them as aforesaid without further particular and special licence first had and obtained therefor under his lordship's hand and seal at arms.
11. In case his lordship shall think fit to except any other person or persons from having any land within the said province by virtue of these conditions, and shall cause notice to be given to such person or persons of such exception ; such person and persons so to be excepted by his lordship shall not from and after six months next ensuing after such notice given as aforesaid have any fu- ture benefit to be capable of having any land within the said province by virtue of the said conditions for or in respect of any person or persons which shall be afterwards transported into the said province without further special licence un- der his lordship's hand and seal at arms for the same.
659
NOTES AND ILLUSTRATIONS.
: 12. No adventuror or planter to or in the said province or any of them, who shall have any land due unto them him or her there by virtue of the said condi- tions nor their heirs or assigns shall give grant sell aliene or assign any of those lands tenements hereditaments within the said province which shall be assigned or granted unto him or them from his said lordship or his heirs, or which such adventuror or planter or any of them shall possess and enjoy by virtue of the said conditions to any corporation society fraternity guild or body politick, either spiritual or temporal, or to any other person or persons whatsoever in trust for them or any of them or to such use or uses or any use or uses comprized men- tioned or forbidden in any of the statutes of Mortmayne heretofore made in the kingdom of England at any time before the reign of Henry VIII. who was king of that realm without particular or special licence first had and obtained for that purpose under the hand and seal at arms of his lordship or his heirs upon pain or forfeiture of all such lands unto his lordship and his heirs.
13. Every person whatsoever as shall claim any proportion of land in the said province of Maryland by virtue of the said conditions shall demand of his lord- ship or his heirs or of his or their lieutenant or chief governor of the said pro- vince for that time being a grant under the great seal of the said province of the said lands so due to him within one whole year next after the said lands shall be due unto him ; and if any adventuror or planter shall neglect to make the said demand within the time above mentioned or that he or his heirs or assigns shall refuse at any time to accept of a grant from his lordship or his heirs under the great seal of the said province of such lands as shall from time to time be due unto any such adventuror or planter by virtue of the said conditions when it shall be offered unto him or them by his said lordship or his heirs or by his or their lieutenant or chief governor there or by his or their secretary within the said province for the time being, or shall not perform all things which are requir- ed by the said conditions to be performed by every such adventuror or planter, then every such adventuror shall for ever after loose their respective rights and pretences to the said land.
14. Because all secret trusts are usually intended to deceive either the govern- ment or state where they are made or some other persons and by experience are found to occasion many suits and dissentions, therefore no adventuror or planter shall take any grant from his lordship under the great seal of the province of any lands there by virtue of these conditions in trust for any other person or persons or to any other use or uses than what shall be expressed in the said se- veral and respective grants upon pain of forfeiture of the said lands to his lord- ship or his heirs when any such secret trust or uses shall be truly discovered.
The oath of Fidelity to the Lord Proprietary, [referred to in the seventh clause of the preceding conditions.]
I A. B. do faithfully and truly acknowledge the right honble. Cecilius lord baron of Baltimore to be the true and absolute lord and proprietary of this pro- vince and country of Maryland and the islands thereunto belonging and I do swear that I will bear true faith unto his lordship and to his heirs as to the true and absolute lords and proprietaries of the said province and islands thereunto belonging and will not at any time by words or actions in publick or in private wittingly or willingly to the best of my understanding any way derogate from but will at all times as occasion shall require to the utmost of my power defend and maintain all such his said lordship's and his heir's right title interest privi- lege, royal jurisdiction, prerogative proprietary and dominion over and in the said province of Maryland and islands thereunto belonging and over the people who are and shall be therein for the time being as are granted or mentioned to be granted to his said lordship and his heirs by the king of England in his said lordship's patent of the said province under the great seal of England. I do
660
NOTES AND ILLUSTRATIONS.
also swear that I will with all expedition discover to his said lordship or to his lieutenant or other chief governor of the said province for the time being, and also use my best endeavours to prevent any plot conspiracy or combination which I shall know or have cause to suspect is or shall be intended against the person of his said lordship or which shall tend any ways to the disinherison or depriva- tion of his said lordship's or his said heir's their right title royal jurisdiction and dominion aforesaid or any part thereof, and I do swear that I will not either by myself or by any other person or persons directly or indirectly take accept re- ceive purchase or possess any lands tenements or hereditaments within the said province of Maryland or the islands thereunto belonging from any Indian or In- dians to any other use or uses but to the use of his said lordship and his heirs or knowingly from any other person or persons not deriving a legal title thereunto by from or under some grant from his said lordship or his said heirs legally pass- ed or to be passed under his or their great seal of the said province for the time being. So help me God, and by the contents of this book .- Given at Bath un- der his lordship's hand and greater seal at arms the 20th day of June, 1648.
[The foregoing commission, conditions, and oath were taken from the book entitled "Council Proceedings from 1636 to 1657," p. 185, and p. 196.]
NOTE (LXX.) p. 344. [PROCLAMATION.] "Novembr. 11th, 1648. By the Governor of Maryland.
These are to give notice to all persons to whom it may concern that I do here- by (for special reasons me thereunto moving) suspend and revoke all power and authority of command upon the isle of Kent from capt. Robert Vaughan the commander of the said island and do acquit and discharge all the inhabitants of the said island from their obedience formerly due unto his command until they shall be thereunto required again by special commission from the governor of this province for the time being, and I do further hereby require and authorize Mr. Philip Conner one of the commissioners of the said county of Kent to issue forth all writs and processes necessary for the administration of justice in the said county, binding all parties interested over to the provincial court at St. Mary's there to have tried and determined their suits and causes until further order shall be taken therein, finding it necessary for the present to suspend all further power of judicature upon the said island .- Given at Saint Mary's this 11th Novembr., 1648, THOS. GREENE.
[COMMISSION TO HENRY MORGAN.] " By the Governor of Maryland.
Relying upon your faithfulness and courage I do hereby commit unto you and add unto your office of high sheriff of the county of Kent the command of all the militia of the said county, requiring you to take charge thereof and upon any invasion from abroad or mutiny insolence or other breach of peace at home or endangering the publiek safety of your county to encounter and suppress the same in the best and speediest manner you may, and to raise and levy the force of the said county to that purpose, or any part thereof as there shall be cause, and I do hereby require all persons able to bear arms within the said county to be obedient unto you upon such pains and perils as the offence against military discipline shall deserve by the law of arms or censure of the provincial court. Given at Saint Mary's this 11th qber, 1648. THỌS. GREENE.
To Mr. Henry Morgan, high sheriff of Kent county.
[The following document appears as an entry in the proceedings of the pro- vincial court.]
"Decembr. 9th, 1648. This day came capt. Robert Vaughan and humbly peti- tioneth the governor to withdraw his action against him and acknowledgeth
661
NOTES AND ILLUSTRATIONS.
before the said governor and other parties present to have divers times reviled the said governor with scandalous and upbraiding speeches upon the isle of Kent where he bore the command, as also to have sundry times in his discourse upon the said isle taxed the said governor with partiality of justice, which said fact he confesseth to be foul and rashly done by him and altogether false, and withal humbly requireth forgiveness for such his said misdemeanor therein, expressing sorrow therefor with purpose of amendment, and desireth that he may not be brought to be censured as such his faults in this kind deserve.
Whereupon the governor withdrew his action and pardoned the offence."
[PROCLAMATION FOR REINSTATING CAPT. VAUGHAN.]
"By the Governor and General of Maryland.
Whereas a proclamation was sent up to the inhabitants of the isle of Kent bearing date at St. Mary's, 11th Novembr. to suspend and revoke all power and authority of command upon the said isle of Kent from captain Robert Vaughan commander of the said island, wherein also the inhabitants upon the said isle were acquitted and discharged from their obedience due unto him by virtue of his command until they should be thereunto again required by special commis- sion from the governor of this province for the time being, which said proclama- tion, as I am given to understand, hath been published according to my order upon the said island, and now since finding it needful and convenient to con- tinue the said suspension no longer upon the said island I do hereby give notice to all persons whom it may concern that I do again nominate and appoint him the said captain Robert Vaughan to be chief captain and commander of the said isle of Kent under me his lordship's governor and to exercise all power and au- thority upon the said island according to his former commission granted unto him from Leonard Calvert esqr., late governor bearing date at Kent 8th April, 1647, and do again hereby require the obedience of all people upon the said island to the command of him the said captain Robert Vaughan as fully and ab- solutely as if no such revocation or suspension had been made of his command before, And further for special reasons me thereunto moving I do hereby sus- pend all power and authority from all the assistants or commissioners joined with the said capt. Robert Vaughan in the aforesaid commission (Mr. Philip Conner only excepted) and in their rooms do constitute and appoint Mr. Nicho- las Brown to be assistant or commissioner authorizing them the said capt. Ro- bert Vaughan Mr. Philip Conner and Mr. Nicholas Brown to hear and deter- mine all causes upon the said island according to the commission afore mention- ed requiring all the inhabitants aforesaid to acknowledge and obey the said captain Robert Vaughan Mr. Philip Conner and Mr. Nicholas Brown in the several commands and authorities thereby committed to them as they will an- swer the contrary at their perills .- Given at St. Mary's this 11th Decembr. 1648. THOS. GREENE."
[The preceding documents of this note are taken from "Council Proceedings from 1636 to 1657," p. 214 to 217.]
NOTE (LXXI.) p. 351. "An act concerning Religion.
"Forasmuch as in a well governed and christian commonwealth matters con- cerning religion and the honour of God ought in the first place to bee taken into serious consideration and indevoured to be settled, Bee it therefore ordayned and enacted by the right honourable Cecilius lord baron of Baltimore, absolute lord and proprietary of this province, with the advice and consent of the upper and lower house of this general assembly, that whatsoever person or persons within this province and the islands thereunto belonging, shall from henceforth blas-
662
NOTES AND ILLUSTRATIONS.
pheame God, that is, curse him, or shall deny our Saviour Jesus Christ to be the Son of God, or shall deny the Holy Trinity, the Father, Son, and Holy Ghost, or the Godhead of any of the sayd Three Persons of the Trinity, or the Unity of the Godhead, or shall use or utter any reproachfull speeches, words, or lan- guage, concerning the Holy Trinity, or any of the sayd three persons thereof, shall be punished with death, and confiscation or forfeiture of all his or her land and goods to the lord proprietary and his heires.
And bee it also enacted by the authority and with the advice and assent afore- said, That whatsoever person or persons shall from henceforth use or utter any reproachfull words or speeches concerning the blessed Virgin Mary, the mother of our Saviour, or the holy Apostles or Evangelists, or any of them, shall in such case for the first offence forfeit to the sayd lord proprietary and his heires lords and proprietaries of this province, the sum of 5l. sterling, or the value thereof, to bee levied on the goods and chattels of every such person so offend- ing ; but in case such offender or offenders shall not then have goods and chat- tels sufficient for the satisfying of such forfeiture, or that the same be not other- wise speedily satisfied, that then such offender or offenders shall be publickly whipt, and be imprisoned during the pleasure of the lord proprietary or the lieutenant or chiefe governour of this province for the time being; and that every such offender and offenders for every second offence shall forfeit 101. sterling, or the value thereof to be levied as aforesayd, or in case such of- fender or offenders shall not then have goods and chattels within this province sufficient for that purpose, then to be publickly and severely whipt and impri- soned as before is expressed ; and that every person or persons before mentioned offending herein the third time, shall for such third offence forfeit all his lands and goods and be for ever banisht and expelled out of this province.
And be it also further enacted by the same authority, advice and assent, that whatsoever person or persons shall from henceforth upon any occasion of offence or otherwise in a reproachful manner or way, declare, call, or denominate any person or persons whatsoever inhabiting, residing, trafficking, trading, or com- mercing, within this province or within any the ports, harbours, creeks, or havens to the same belonging, an Heretick, Schismatick, Idolator, Puritan, Presbyte- rean, Independent, Popish Priest, Jesuit, Jesuited Papist, Lutheran, Calvinist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or other name or terme in a reproachful manner, relating to matter of religion, shall for every such offence forfeit and lose the sum of 10s. sterling or the value thereof to be levied on the goods and chattels of every such offender and offenders, the one halfe thereof to be forfeited and paid unto the person or persons of whom such reproachful words are or shall be spoken or uttered, and the other halfe thereof to the lord proprietary and his heirs lords and proprietaries of this pro- vince ; but if such person or persons, who shall at any time utter or speak any such reproachful words or language, shall not have goods or chattels sufficient and overt within this province to be taken to satisfy the penalty aforesayd, or that the same bee not otherwise speedily satisfied, that then the person or per- sons so offending shall be publickly whipt and shall suffer imprisonment without bayle or mainprise until he, she, or they respectively shall satisfie the party of- fended or grieved by such reproachful language, by asking him or her respec- tively forgiveness publickly for such his offence before the magistrate or chiefe officer or officers of the towne or place where such offence shall be given.
And be it further likewise enacted by the authority and consent aforesayd, that every person and persons, within this province, that shall at any time hereafter pro- phane the Sabaath or Lord's day called Sunday, by frequent swearing, drunken- nesse, or by any unciville or disorderly recreation, or by working on that day, when absolute necessity doth not require, shall for every such first offence forfeit
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.