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 112
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2s. 6d. sterling or the value thereof; and for the second offence 5s. sterling or the value thereof; and for the third offence and for every time he shall offend in like manner afterwards 10s. sterling or the value thereof; and in case such offender or offenders shall not have sufficient goods or chattells within this province to satisfie any of the aforesayd penalties respectively hereby imposed for prophan- ing the sabaath or Lord's day called Sunday as aforesaid, then in every such case the party so offending shall for the first and second offence in that kind be imprisoned till hee or she shall publickly in open court before the chief com- mander, judge, or magistrate of that county, towne, or precinct wherein such offence shall be committed, acknowledge the scandall and offence hee hath in that respect given against God, and the good and civil government of this pro- vince ; and for the third offence and for every time after shall also be publickly whipt.
And whereas the inforcing of the conscience in matters of religion hath fre- quently fallen out to bee of dangerous consequence in those commonwealths where it hath beene practised, and for the more quiet and peaceable government of this province, and the better to preserve mutuall love and unity amongst the inhabitants here, Bee it therefore also by the lord proprietary with the advice and assent of this assembly ordained and enacted, except as in this present act is before declared and set forth, that no person or persons whatsoever within this province or the islands, ports, harbours, creeks, or havens thereunto belonging, professing to believe in Jesus Christ, shall from henceforth be any waies trou- bled, molested, or discountenanced, for or in respect of his or her religion, nor in the free exercise thereof within this province or the islands thereunto belonging, nor any way compelled to the beleefe or exercise of any other religion against his or her consent, so as they be not unfaithfull to the lord proprietary, or molest or conspire against the civill government, estabblished or to be estabblished in this province under him and his heyres ; and that all and every person or per- sons that shall presume contrary to this act and the true intent and meaning thereof, directly or indirectly, eyther in person or estate, wilfully to wrong, dis- turbe, or trouble, or molest any person or persons whatsoever within this pro- vince, professing to believe in Jesus Christ, for or in respect of his or her reli- gion, or the free exercise thereof within this province, otherwise than is provided for in this act, that such person or persons so offending shall be compelled to pay treble damages to the party so wronged or molested, and for every such offence shall also forfeit 20s. sterling in money or the value thereof, half thereof for the use of the lord proprietary and his leires lords and proprietaries of this province, and the other halfe thereof for the use of the partie so wronged or molested as aforesayd ; or if the party so offending as aforesaid, shall refuse or bee unable to recompence the party so wronged or to satisfie such fine or forfeiture, then such offender shall be severely punished by publick whipping and imprisonment dur- ing the pleasure of the lord proprietary or his lieutenant or chiefe governour of this province for the time being, without baile or mainprise.
And be it further also enacted by the authority and consent aforesayd, that the sheriffe or other officer or officers from time to time to be appointed and author- ised for that purpose of the county, town, or precinct where every particular offence, in this present act contained, shall happen at any time to be committed and whereupon there is heereby a forfeiture, fine, or penalty imposed, shall from time to time distrain, and seise the goods and estate of every such person so offending as aforesayd against this present act or any part thereof and sell the same or any part thereof for the full satisfaction of such forfeiture, fine, or pen- alty as aforesayd, restoring to the party so offending the remainder or overplus of the sayd goods and estate after such satisfaction so made as aforesayd.
[The foregoing act is recorded in Lib. C. and WH. p. 106 ;- Lib. WH. p. 111,
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and Lib. WH. and L. p. 1,-books in the office of the present Court of Appeals, and also in the book entitled "Assembly Proceedings from 1637 to 1658," p. 354, in the council chamber.]
NOTE (LXXII.) p. 365.
"An order of assembly for the defence of the province as the present times will permit.
For the more safety and better securing of this province against the Indian enemy this present year, it is ordered, by the authority of this present general assembly, that through the whole province it shall be lawful for the freemen in every hundred to assemble themselves together at some place to be nominated within their hundred by the commander or other officer in each hundred as shall be nominated appointed and authorised by the governor for the time being with commission for that purpose on the three last days of the months of April, May, June, July, August, and September next following and then and there by the major voice of the freemen present to propose and conclude of such orders and ordinances as they shall judge meet and necessary for the defence of each parti- cular hundred for the month next following and then and there by the so con- cluded on [orders] by the freemen then present and assembled as aforesaid the commander and other officer shall see them put in execution, provided that if any one suffer loss by houseing or other goods and chattels by means of any such order or obeying such order as shall be prescribed and concluded upon at such meeting that it shall be made good by levy to be made upon the hundred by the sheriff, which levy shall be assessed by three able persons to be chosen by the governor for the time being for that purpose out of some other hundred and not out of that hundred wherein such reparation is to be made, and because it is- generally thought fit that the best and speediest way of preservation of the pro- vince may be by way of rounding, it is ordered, by the authority aforesaid, that five guns or more shall be taken from such rounders for a general and true alarm to all the inhabitants through the whole province, any three guns or more from any inhabitants shall be taken for a true alarm in like manner, and every master of a house and family neglecting with three guns to answer such alarm (after proof made that he heard the same) shall be fined to the lord proprietary 100 lb. tob'o. and cask for every such neglect, and any one causing or making a false alarm upon just proof made shall be fined to the lord proprietary for every such offence 100 Ib. casked tobacco as aforesaid, and it is further ordered, that no in- habitant able to bear arms shall go out of the limits of the plantation where he is usually resident either to church or upon any other occasion whatsoever without his arms well fixed and a sufficient quantity of powder and shot about him, and every offender herein shall for every such offence be punished as the commander of the hundred where such offence shall happen to be committed shall in his dis- cretion think fit for the nature of the offence considered not extending to life or member, and it is also further ordered, that every master of a family shall pro- vide for himself sufficient arms and ammunition, and for every hired servant or other sojourner also residing and dwelling in his house this year, viz't. one fixed gun, 2 lb. of powder, and eight pound of shott pr. head, with gun and ammuni- tion by virtue of this order every such master as aforesaid may bring the same to accompt and recover the same upon every such sojourner and if hired servant every such master may accompt or deduct the same out of the wages of every such hired servant if he be not already provided herewith as aforesaid, and every master of a family that shall be found defective herein shall be punished accord- ing to the discretion of the commander of that hundred where such master of a family dwelleth and as the nature of the offence shall require not extending to life or member. The freemen have assented-THos, HATTON.
Concurred by the governor-WILLM. STONE."
[Taken from "Assembly Proceedings from 1637 to 1658," p. 370.]
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NOTE (LXXIII.) p. 367.
The Assembly's letter to Lord Baltimore.
*. Saturday the 21st of April, 1649, being the last day and sessions-day of the assembly, a letter was read to be sent to his lordship, and signed by the whole house present .- The governor dissolved the house.
A letter sent to his lordship from the assembly held at Saint Mary's in April Anno. dom. 1649.
Right Hon'ble .- Great and many have been the miseries calamities and other sufferings which your poor distressed people inhabitants of this province have sustained and undergone here since the beginning of the heinous rebellion first put in practice by that pirate Ingle and afterwards almost for two years continu- ed by his complices and confederates in which time most of your lordship's loyal friends here were spoiled of their whole estate and sent away as banished persons out of the province those few that remained were plundered and depriv- ed in a manner of all livelyhood and subsistence only breathing under that in- tolerable yoke which they were forced to bear under those rebels which then assumed the govt. of your lordship's province unto themselves ever endeavour- ing by oaths and what other inventions and practices they might to withdraw the ears and affections of the inhabitants here from their wonted obedience to to your lordship and to assure themselves of the province so wrongfully taken and unjustly possessed by them which our sufferings we hope your honour ap- prehends and is sensible and which tho' they were ever violent even like a tem- pest for the time yet now (thanks be to God) all is past and calm and the whole province in perfect subjection again under your lawful government and authority during all which time your honour cannot be ignorant what pains and travell your friends underwent in aiding your dear brother for the subduing of those rebels and after again in conserving the province for your lordship never sparing labour cost or estate which they were or could be possessed of untill they had accomplished their intended purpose and desires in regaining it again and settled it under your lordship's protection and dominion, As for Mrs. Brent's undertak- ing and medling with your lordship's estate here (whether she procured it with her own and others importunity or no) we do verily believe and in conscience report that it was better for the collony's safety at that time in her hands than in any man's else in the whole province after your brother's death for the soldiers would never have treated any other with that civility and respect and though they were even ready at several times to run into mutiny yet she still pacified them till at the last things were brought to that strait that she must be admitted and declared your lordship's attorney by an order of court (the copy whereof is herewith enclosed) or else all must go to ruin again and then the second mis- chief had been doubtless far greater than the former so that if there hath not been any sinister use made of your lordship's estate by her from what it was intended and engaged for by Mr. Calvert before his death as we verily believe she hath not then we conceive from that time she rather deserved favour and thanks from your honour for her so much concurring to the publick safety than to be justly liable to all those bitter invectives you have been pleased to ex- press against her.
Hereupon we cannot choose but wonder why your lordship should write so tartly against the people who are all involved under the censure of your lord- ship's letter for protesting against all the laws which were pretended to be in force and enacted by Leonard Calvert, esqr., deceased our late governor at the last assembly held by him afore his death, as for the illegality of them we shall here briefly shew your lordship and hereby we hope shall sufficiently vindicate ourselves from such foul aspersions laid upon us from your lordship.
That the assembly then wherein these laws were pretended to be enacted as
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afore was called first by captain Edward Hill who was not so accounted by us or esteemed by your lordship according to your instrument sent hither this year for the rightful governor of this province which assembly was continued only by Mr. Calvert never declaring any new summons at all to the inhabitants of the province for that purpose which ought to have been done in that case by him, but within a very short time after he had surprised all those who had combined themselves against him and cast them in prison proceeded to the enacting of laws with the members as afore called by captain Hill and under adjournment the whole house of commons (two or three only excepted) consisted of that re- belled party and his professed enemies to them he declared that they should be free during the assembly only the copy of which record is herewith enclosed, also we cannot choose but wonder how your lordship could suppose it fit and necessary that those your loyal friends and even those who concurred most to the necessary defence and preservation of the province should be deprived by law of [their] dues for so great and good a service done and effected by them and principally for your lordship's honour and glory nothwithstanding all this it should be required at their hands to pay themselves a levy upon themselves. We much wonder also that your honour should consider or think much that a few cattle not above 11 or 12 cows at the most of your lordship's known clear stock and those conquered again to your lordship and taken from the unlawful possessor should be distributed among those men who had ventured and hazard- ed their fortunes lives and estates in the defence recovery and preservation of your lordship's province especially those very cattle being engaged with all other your lordship's estate here both by Mr. Calvert and Mr. Lewger to the soldiers here in consideration for their hire and wages, and lastly we wonder that such exactions should be made and required upon a people and those your faith- ful friends who had conquered the place many of them as yet being unsatisfied and groaning under their late hearty sufferings which have been great indeed when as we can make it clearly appear to your lordship that we have already satisfied and paid out of our own labour and effects towards the recovery reser- vation and sole defence of your lordship's province 60,000 lb. tobo. which is far more (my lord) than all our recovered estates in the province were then worth had they been sold at outcry, and further that such strait conditions of planta- tion should be proposed and demanded by your lordship as serve only to make the place desolate of spiritual comfort especially nevertheless such are the loyal affections and hearty well wishes of us your lordship's poor friends towards your honour that we really suppose and verily believe all former mistakes and less well understandings that have happened between your honour and us for these many years have proceeded only from mere mistakes and misinforments that your ho - nour is unfortunately subject to have of us at so vast a distance there is from your honour and being now cordially desirous justly and unanimously to express a willing forwardness to give your lordship all just and honourable satisfaction that can be expected from a people at present so illiterate and void of that un- derstanding and comprehension necessary for a mature and wise discussion of such a body of laws as is now proposed by your lordship to be assented unto by us for perpe u l laws as we acknowledge ourselves to be, and whereas we have with much solicitude and earnest endeavour according to our weak understand- ing read over perused and debated upon all the aforesaid body of laws so pro- posed unto us by your honour in real desires indeed in compliance with your lordship of receiving them as laws but in conclusion finding them so long and tedious containing withal so many several branches and clauses that in prudence we cannot as yet with safety to ourselves and our posterity (being they are to be perpetual) concur to the enacting of them as laws requiring a far more serious and longer discussion of them than at this time we are able to allow thereunto
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for the necessary employment we are forced upon in a crop at this time of the year most of us having no other means of subsistence than the same, Besides your honour's directions being such as that none of the said laws are to be re- corded by us and enacted by the lieutenant general in your lordship's name with- out the whole body should be received by us without alteration addition or dimi- nution to it on a serious perusal whereof we find in several parts of it such things as are not convenient or as we conceive it just to pass and so in that res- pect have thought it most prudential not to meddle at all with the foresaid body of laws but to reflect only on such things as may give your honour for the pre- sent most satisfaction and comply most (to the utmost of our weak capacity and present poor condition) with what we conceive your honour most to point and aim at which if we do not mistake are chiefly four, viz .- that the country may be preserved with peace and defended and governed with justice,-2dly. That some competent support may be raised to your lordship of the same and your lieutenant here .- 3dly. That a stock of cattle may be raised again for your lord- ship, and lastly that all should be satisfied who had concurred to the regaining and conserving of the country, in compliance with all which we have first chosen and selected out of all your lordship's laws such as seemed to us most conduc- ing to confirm a long desired and settled peace among us and have further added such others of our own as we conceive to be most necessary and best suitable to our present condition and towards a future support out of this colony to your lordship : we have with all loyal expressions of our hearty well wishes to your honour so far as the present weak and poor condition of this colony is capable of passed our consent to a law that your lordship and your heirs for seven years shall have a custom of 10 lb. of tobo. upon every hhd. of tobacco laden upon any Dutch vessel to be exported out of this province so that your lordship will graciously be pleased that the one half thereof may be yearly be employed to- wards the satisfying of all just claims touching the recovery and defence of your lordship's province as shall be brought in and made appear here in the secreta- ry's office before the last of March next until they shall be fully discharged and by this your lordship's friends also in a short time we hope and verily believe will be complied with to a great deal of comfort and satisfaction on all parts, and lastly we have also enacted by a law that an assessment shall be laid upon all the inhabitants of this province to raise within these two years from the date hereof 16 cows and a bull which is by a third more than ever was known to be found certainly of your lordship's own proper stock in this colony since the re- covery of the same though it is true more understand your lordship's (the right owners not being able to prove them theirs being unmarked in the time of the late rebellion and desirous to give unto your lordship all honourable satisfaction they could were contented all such uncertain beasts should be understood as your lordship's) were indeed and are disposed of towards the payment of such just engagements and at such rates as was agreed for by your brother afore his death and this we do willingly and freely in an earnest desire if it be possible to beget in your lordship better apprehensions and constructions of our bound affection and loyalty to your honour than hitherto we conceive through our hard fortune you have been pleased to understand of us, and with this humble request also that your lordship will be pleased to ratify and confirm under your hand and seal without further disturbance such disposition as is already made of your lordship's former stock and other personal estate here for the recovery and defence of your lordship's province according to the engagement and disposition thereof made by Mr. Calvert before his death as will appear by several oaths to that purpose taken herewith and verily that title of your lordship's known clear personal es- tate lost since the first rebellion was in truth so small as that it was not conside- rable when it was to come in balance with the safety of the province which as
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the then present condition of things stood hung upon so ticklish a pin as that unless such a disposition had been made thereof an absolute ruin and subversion of the whole province inevitably would have followed which had it so happened we - -* your honour might have had far more just cause of indigna- tion against your then governor for so small a trifle to have endangered the pro- vince than now in honour justice or conscience you may when thereby alone your lordship's province was then and is still reserved in true and due obedience to your honour especially (as we have often said) your lordship's whole estate here being disposed of bound and made over by your dear brother afore his death for the satisfaction of the aforesaid charges, the which being done and new and clear understanding procured between your honour and us your poor people here we do further humbly request your lordship that hereafter such things as your lordship may desire of us may be done with as little swearing as conve- niently may be experience teaching us that a great occasion is given to much perjury when swearing becometh common forfeitures perhaps will be more effi- cacious to keep men honest than swearing Oaths little prevail upon men of little conscience, and lastly we do humbly request your lordship hereafter to send us no more such bodies of laws which serve to little other end than to fill our heads with suspicions jealousies and dislikes of that which verily we understand not, rather we shall desire your lordship to send some short heads of what is desired and then we do assure your lordship of a most forward willingness in us to give your governor all just satisfaction that can be thought reasonable by us, and whereas your lordship doth seem to be greatly distasted and disgusted at Wil- liam Tomson your lordship's old servant through some information which have been given your lordship of his comportment here in aiding and siding with the rebels against your lordship's governor and government which information we do assure your lordship to be most false proceeding rather (as we may suppose) out of hatred and spleen towards him than any good affection or love to your lord- ship for before any thing was proceeded upon in the assembly William Tomson was called and strictly examined before the governor and council and the whole assembly and nothing at all could be proved against him wherewith he was ac- cused to your lordship that verily him in that point most innocent* and further report of him that your honour hath not a more faithful and cordial friend in the whole province and shewed to the utmost of his ability even before in time of and ever since the troubles here than William Thompson is, Therefore we hum- bly crave of your honour according to your honour's wonted elemency and fa- vour towards him not to harbour such thoughts and give ear to such false sug- gestions and acclamations against him and further my lord seeing it hath been so notorious an injury and infamy to him we humbly crave that your lordship will intimate hither the next year who were his principal accusers in this point which we the more earnestly beg for that it will give the whole country and him- self great satisfaction, Thus in all humbleness to your lordship we have ex- pressed our intentions and good will so far as the tenderness of the province and our abilities can yet well bear hoping to regain your lordship's favour if through misinformation you have conceived otherwise of us not doubting but upon *- we shall be better able to contribute more largely towards your support and comply with your desires withal beseeching your lordship to ratify what we have so earnestly aforementioned and craved at your lordship's hands and then we are confident all things will go on with love peace and unity resting.
Your lordship's humble and faithful servants. Signed by all the council and burgesses that day present.""
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