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 113
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From the house of assembly at Saint ? Maries, 21st April, 1649.
* So in the record.
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"His Lordship's Declaration-Anno. 1649.
Cecilius, &c., to our trusty and well beloved William Stone, esqr., our lieu- tenant of our said province of Maryland to those of our council here and to the general assembly of freemen of our said province and to all others whom it may concern, greeting, &c., Whereas we sent a body of laws hither the last year by our secretary Thomas Hatton under our hand and greater seal at arms containing 16 in number to be proposed by you our said lieutenant to the assembly there for their consent thereunto together with a commission thereunto annexed signed also by us and affixed to the same seal and bearing date the 12th of August 1648 Whereby among other things was declared our assent to the said laws upon such conditions as were expressed in the said commission which laws were and are so just and reasonable as that upon due consideration they ought to be well liked of by all well affected men according as you and our lieutenant after your receipt of them upon good reason affirmed to us by your letter dated the 20th of February last, nevertheless it seems through some misunderstanding there the general assembly at a session thereof holden at Saint Mary's in April last were unwilling at that time to consent to the enacting of them all as laws there which unwillingness in most of the said assembly was occasioned chiefly as we are in- formed and have so much cause to believe by the subtle suggestions of some who ought rather to have assisted in promoting all fitting inventions of preserving a good correspondence rather than to raise or cherish any jealousies or discontents between us and the people there but in regard the chiefest pretended exceptions against those laws were as we are informed contained in the act of recognition of our charter of our said province from the late king of England and in that other for the oath of fidelity to us wherein it seems the words (absolute lord and proprietary) which title is the same that is given us by the same charter and the words (royal jurisdiction) are stumbled at by some there who seem to doubt that the former words should infer a slavery in the people there to us and the latter words exceed the power intended to us by the said charter we thought fit hereby to declare that as the former words import no such odious and sinister interpre- tation so we call. God to witness we neither had nor have any intention to en- slave the people there by them or any other way whatsoever but indeed the laws themselves do sufficiently clear our intentions herein to all well meaning men if they be well considered for the act of recognition and also the oath of fidelity have both relation to our said charter which provides that all laws shall be made by us and our heirs there with the consent of the freemen of our said province or their deputies or the major part of them and by several other acts contained in the said body of laws there is provision made for freedom of conscience, for freedom of taxes (but such as shall be laid with the assembly's consent) for free- dom from martial law but only in time of camp or garrison and within such camp or garrison from freedom of being compelled in any kind to contribute to any war out of our said province without the consent of the assembly, for free- dom of trade with the Indians upon reasonable conditions tending more to the public good and tranquillity than to our own advantage, how therefore under such essential provisions for the safety and freedom any reasonable people upon mature consideration have any just occasion of jealousy of being enslaved we nor certainly any well disposed person can imagine as to those other words of royal jurisdiction we do hereby declare that it is intended by our said charter that we should have all such jurisdiction there as the bishops of Durham at any time heretofore ever had exercised or enjoyed or might have had exercised or enjoyed in temporalls within the bishoprick or county palatine of Durham in the kingdom of England and we are well satisfied by learned council here and such as are best read in antiquities that the bishops of Durham before Henry the 7th*
* An error, for "Henry the 8th."
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his time (heretofore king of England) had and did exercise all royal jurisdiction within the said bishoprick or county palatine though this latter years their juris- diction was much diminished by an act of parliament made in the time of the said king Henry and this we thought fit to signify."
[The preceding "letter of the assembly" and "his lordship's declaration," were both taken from the book in the council chamber entitled, "Assembly Pro- ceedings from 1637 to 1658," p. 339 and 351.]
NOTE (LXXIV.) p. 380. "By the Governor of Maryland .- Proclamation.
"Published Eod .- Whereas Charles of blessed memory king of England Scot- land France and Ireland, defender of the faith, &c., is lately deceased, These are to give notice to all persons whom it may concern, and in especial to all and singular the inhabitants of this province of Maryland, that his eldest son Charles the most renowned prince of Wales the undoubted rightful heir to all his father's dominions is hereby proclaimed king Charles the second of England Scotland France and Ireland defender of the faith, &c .- Long live king Charles the second .- Given at Saint Mary's the 15th of November, 1649.
THOMAS GREENE."
"By the Governor, &c., of Maryland .- Proclamation.
Published Eod .- Whereas the king's most excellent majesty Charles the se- cond by the grace of God king of England Scotland France and Ireland defend- er of the faith, &c., was by order of the governor and council publickly this day proclaimed king. In commemoration thereof and to further the common rejoicing of the inhabitants upon that occasion and that none of them may be debarred therefrom, I do therefore in the lord proprietary's name hereby de- clare and pronounce a general pardon to all and every the inhabitants of this province for all and every offence and offences by them or any of them com- mitted since the last general pardon published within this province and for all fine forfeiture or penalty for or by reason thereof due .- Given at St. Mary's this 15th day of Novembr, 1649. THOMAS GREENE."
[Taken from "Council Proceedings from 1636 to 1657," p. 321.]
NOTE (LXXV.) p. 391.
"An act prohibiting all compliance with capt. WILLIAM CLAYBORNE, in opposi- tion of his lordship's right and dominion over this province.
Whereas capt. William Claybourne, heretofore of the isle of Kent within this province of Maryland and now of the colony of Virginia, for his frequent at- tempts practices and enterprizes in opposition of his lordship's undoubted right and dominion in and over this province, hath heretofore carried himself in a very rebellious manner against his lordship and the government established here un- der him, and still remains exempt from pardon in that respect, And whereas also upon a full hearing on both sides, by reference from his late majesty, before the lords of the council in England the fourth of April one thousand six hun- dred thirty-eight the said Claybourne's pretended claim to the said isle of Kent and some other part of his lordship's province and trade with the Indians was rejected, and his Jordship's undoubted right and title thereunto, according to his patent, was confirmed, And whereas likewise by proclamation made and pub- lished in Virginia the fourth of October one thousand six hundred thirty-eight by the authority of the then governor there with the advice and consent of the council of state in relation to and in pursuance of the said order of the lords of the council, every the inhabitants of that colony were expressly prohibited to use or exercise any trade or commerce with any Indians within the bounds of
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this his lordship's province without special license from his lordship for that pur- pose upon the penalty and forfeiture therein expressed, as by the said order of the lords of the council and proclamation both remaining upon record with the se- cretary of this province more at large it doth and may appear, And whereas further the said capt. Claybourne hath of late by his letters to the present go- vernor of this province presumed in an upbraiding insolent threatning manner to renew his former pretended claims here in opposition of his lordship's right and dominion, and (as is credibly reported) gives out in speeches that he pur- poseth e'er long to make some attempt upon the isle of Kent against the peace and safety of this province, For preventing whereof therefore and the better to restrain and keep all and every the inhabitants of this province in their due obedience to his lordship and the government established here under him, Be it enacted by the lord proprietary with the advice and consent of the upper and lower houses of this assembly, that what person or persons soever now inhabit- ing or which shall from time to time hereafter inhabit or be resident upon the said isle of Kent or any other place within this province that shall hereafter pre- sume, contrary to his or their fidelity or obedience to his said lordship and his heirs lords and proprietaries of this province and the government here establish- ed under him, in any sort to assist abet or countenance the said Claybourne or any of his complices or adherents in any attempt practice or enterprize what- soever upon or against the said island of Kent or any other place within this province or any thing thereunto belonging in opposition to his lordship's and his heirs lords and proprietaries of this province his and their undoubted right and dominion in and over the same upon proof thereof by two sufficient witnesses shall be punished by death and confiscation of all his and their lands goods debts and chattels within this province to the use of his lordship and his heirs lords and proprietaries of the same."
[Taken from the book, in the council chamber, entitled, "Assembly Proceed- ings from 1637 to 1658," p. 376 .- It is also recorded in three different record books in the office of the present court of appeals, as referred to by Mr. Bacon.]
NOTE (LXXVI.) p. 404. The oath of Fidelity prescribed by the act of 1650, ch. 29.
I A. B. do swear that I will be true and faithful (so long as I shall be a mem- ber of this province) to the right honourable Cecilius lord baron of Baltimore lord and proprietary of this province of Maryland and the islands thereunto be- longing and to his heirs lords and proprietaries of the same and to his lieutenant or chief governor here for the time being, and will not at any time by words or actions in publick or in private wittingly or willingly, to the best of my under- standing, 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 just and lawful right, title, interest, privileges, jurisdictions, prerogatives, propriety, and dominion over and in the said province and islands thereunto be- longing and over the people who are and shall be therein for the time being, as are granted to his said lordship and his heirs by the late king of England in his said lordship's patent of the said province under the great seal of England not any wayes understood to infringe or prejudice libertie of conscience in point of religion ; And I do 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 just 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 deprivation of his said lordship's or his heirs their right, title, jurisdiction and dominion aforesaid or any part thereof, And I do swear that I
672
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will not either by myself or by any other person or persons directly or indirectly take, accept, receive, purchase, or possess any lands tenements or hereditaments within the said province of Maryland or the islands thereunto belonging from any Indian or Indians to any other use or uses but to the use of his said lord- ship and his heirs lords and proprietaries of this province 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 heirs lords and proprietaries of this province legally passed or to be passed under his or their great seal of the said province for the time being. So help me God."
NOTE (LXXVII.) p. 405.
In compiling the text of our history, in that part which contains a statement of the acts of assembly, passed at the session of April, 1650, an important docu- ment was inadvertently omitted ; which, as it appears to have been a publick and political transaction during the same session of assembly, and as it tends strongly to illustrate the state of parties, (whether religious or political, they be- ing then synonimous,) within the province of Maryland at that time, is here subjoined by way of note .- It is copied from Mr. Langford's pamphlet, before mentioned, entitled, "A Refutation of Babylon's Fall," &c., and is there thus entitled :
"The declaration and certificate of William Stone, esquire, lieutenant of the province of Maryland, by commission from the right honourable the lord Balti- more, lord proprietary thereof, and of captaine John Price, Mr. Thomas Hatton, and captain Robert Vaughan of his sayd lordship's councell there, and of divers of the burgesses now met in an assembly there, and other protestant inhabitants of the sayd province, made the 17 day of April, anno dom. one thousand six hundred and fifty.
We the sayd lieutenant, councell, burgesses, and other protestant inhabitants above mentioned, whose names are hereunto subscribed, doe declare and certi- fie to all persons whom it may concern, That according to an act of assembly heer, and several other strict injunctions and declarations by his sayd lordship for that purpose made and provided, we doe heere enjoy all fitting and convenient freedome and liberty in the exercise of our religion under his lordship's govern- ment and interest ; And that none of us are any wayes troubled or molested, for or by reason thereof within his lordship's sayd province.
James Cox, Tho. Steerman,
John Hatche, George Puddington, Robert Robines, Walter Bain, William Brough, Francis Poesy, * William Durand Anthony Rawlins Thomas Maydwell Marke Blomefield Thomas Bushell William Hungerford William Stumpson Thomas Dinyard John Grinsdith William Edwin Richard Browne
William Stone, Governor.
Jo. Price, Robert Vaughan, Councell.
Burgesses.
Tho. Hatton.
Note .- That James Cox and George Puddington were then burgesses for the people at Ann Arundell.
* Note-that this is the same man who attests Mr. Srong's pamphlet before mentioned.
William Pell
William Warren
Edward Williams
Raph Beane John Slingsby
James Morphen
Francis Martin
John Walker
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Stanhop Roberts
William Hawley
William Browne
William Smoot
John Halfehead
John Sturman
William Hardwick
John Nichols
Elias Beech
Hugh Crage
George Sawyer
George Whitacre
William Edis
Daniel Clocker
John Gage
John Perin
Robert Ward
Patrick Forrest
William Marshall
George Beckwith
Richard Smith
Thomas Warr
Arthur Turner
Walter Waterling."
NOTE (LXXVIII.) p. 410.
Some particulars relative to sir William Davenant the intended governor of Maryland, may perhaps gratify the curiosity of the reader.
Sir William appears to have been a zealous royalist, and had, in 1646, retired with the queen, the prince, and others, into France, on the declension of the king's affairs in England ; and was sent by the queen, from Paris, in that year, to the king in England, who was at that time a prisoner with the Scotch army at New Castle, to endeavour to persuade him to give up the Church of England, and accede to the terms of the Scotch Presbyterians, particularly in the abolition of Episcopacy. Lord Clarendon, in relating this event, remarks, that sir Wil- liam Davenant was "an honest man, and a witty, but in all respects inferior to such a trust." He further states, that sir William, in conversation with his majesty upon the subject of his mission, "offering some reasons of his own, in which he mentioned the church slightingly, as if it were not of importance enough to weigh down the benefit that would attend the concession, his majesty was transported with so much indignation, that he gave him a sharper reprehen- sion than was usual for him to give any other man ; and forbid him to presume to come again into his presence. Whereupon the poor man, who had in truth very good affections, was exceedingly dejected, and afflicted ; and returned into France to give an account of his ill-success to those who sent him."
Although sir William's talents might not have been adapted " to such a trust," as that just mentioned, nor, perhaps, to that of being governor of Maryland in times like those which immediately succeeded his commission for that office, yet, as a man of wit and literary abilities, he was, without doubt, entitled to all the consideration, in which he appears to have been held by the courtiers of those times, and especially by the prince himself, who was afterwards so re- markable for his patronage, or rather fondness for the company, of men of that character. Sir William was the god-son of Shakspeare; and tradition, to this day, has handed it down at Oxford, that he was the real son of that immortal bard. His father, John Davenant, kept the crown-inn or tavern, (which still remains as an inn, or did so within a few years past,) in that city. The land- lady thereof, Mrs. Davenant, sir William's mother, was a woman of great beauty and sprightly wit ; Shakspeare frequented this house in his journeys from Warwick- shire to London. Their son, young Will. Davenant, (born in 1606, ) our proposed governor, was then a little school-boy in the town, of about seven or eight years old, and so fond of Shakspeare, that, whenever he heard of his arrival, he would fly from school to see him. From this patronage of Shakspeare, without doubt, originated sir William's subsequent fondness for the theatre. On the restoration of Charles the second he applied himself much to writing plays, and was the author of almost as many as his god-father. He was the first person who intro- duced women, as actresses, on the stage ; before which female characters were
VOL. II .- 85
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played by men. He died in April, 1668. The above facts are principally selected from Bell's edition of Shakspeare, vol. ii. p. 314, 490.
NOTE (LXXIX.) p. 429.
The Letler or Message of the Lord Proprietary, of the year 1651.
Cecilius, &c., To our right trusty and well beloved Willm. Stone Esq. our lieutenant of our said province of Maryland, and to our right trusty and well beloved the upper and lower houses of our general assembly there, and to all other our officers and inhabitants of our said province, greeting : We cannot but much wonder at a message which we understood was lately sent by one Mr. Lloyd from some lately seated at Ann Arundel within our said province of Maryland to our general assembly held at St. Mary's in March last, but are unwilling to impute either to the sender or deliverer thereof so malign a sense of ingratitude and other ill affections as it may seem to bear, conceiving rather that it proceeded from some apprehensions in them at that time grounded upon some reports in those parts of a dissolution or resignation here of our patent and right to that province, which might perhaps for the present make them doubtful what to do, till they had more certain intelligence thereof from hence, and we hope they are as willing as we that we should so understand it, wherein we shall be the more confirmed, if upon finding by letters this year from their friends here, (and in particular from Mr. Harrison, ) those rumours and reports to be false, (as they are,) which we are informed were spread there by some ill-affected per- sons, they shall for the future give us better satisfaction of their intentions and integrity towards us, not only by conforming themselves with the rest of the inhabitants to the general government of that province, under which they did voluntarily put themselves, but also by concurring in all reasonable things with us for the public peace and happiness of that province, as well as for the firm establishment and preservation of our right there, and especially in those laws, which their own burgesses in a former general assembly, together with the other members thereof, have already consented unto, and unto which we for their full satisfaction sent last year our assent, with such alterations as they themselves desired, as by our said assent under our hand and greater seal at arms transmitted thither more at large appears, unto which we refer you, those laws providing as much for the good and security of the people there as for our own. In consideration, therefore, of a better complyance from those people with us and our government there for the future, we shall not any further expostulate or make any further reflection on that message, till further occasion given us by them, which we hope we shall never have, than by putting them only in mind that a government divided in itself must needs bring confusion and consequently much misery upon all the people under it, wherein the authors of such division, if it should continue, which God forbid, are like to have as great, if not greater, share in the end than any others, whatsoever they may fancy to the contrary : the fomenters of discord may justly expect sad calamities from the same if they do not in time see and rectify the same, which we conceive ourselves bound in honour and conscience and in justice to ourself, as well as for the publick peace and welfare of the people under our government there, to provide for as well as we can, that is, in the first place to admonish them thereof, but if that will not prevail then to make use of our authority with the assistance of well affected persons to compel such factious and turbulent spirits to a better compliance with the lawful government there ; And accordingly we do hereby will and require you our said lieutenant to proceed with all such as shall be for the future refrac- tory in that kind, and do also require as well our council and general assembly as all other our officers and well affected inhabitants of our said province to be aiding to you therein for the preservation of the publick peace and quiet of the
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people there ; and for prevention in time of such miseries and calamities, which may ensue upon such divisions, and in case any of the English inhabitants of that province shall at any time hereafter refuse or neglect to send burgesses to our general assembly there, being lawfully summoned for that purpose, we will and require all the other members of our said assembly, which shall lawfully meet upon such summons, to proceed, as they ought and may lawfully do, in all business belonging to a general assembly there, notwithstanding any such refusal or neglect as aforesaid, and to fine all such refusers or neglectors according to their demerits, and moreover in case they shall wilfully persist in any such refusal or neglect as aforesaid, after they have been admonished thereof by our lieutenant of the said province for the time being or such as he shall from time to time appoint for that purpose, then that they be declared enemies to the pub- lick peace of that province and rebels to the lawful government thereof, and that in such cases our lieutenant and council of the said province for the time being according to our trust reposed in them do efficaciously proceed against them as such, and use all lawful ways and means to reduce them to their due obedience, We also understand that sir William Berkeley hath lately taken upon him to grant a commission to one Edm'd Scarborough of Accomack in Virginia to seat Palmer's Island within our said province, and to trade with the Indians in and through our said province without any lawful authority derived from us; which [is] so strange [an] usurpation upon our rights there, as we cannot easily be- lieve it to be true ; but, in case the said Scarborough or any other should pre- sume, upon pretence of any such commission, to seat or trade in or through any part of our said province without a lawful authority derived from us, We will and require you our said lieutenant, according to the trust we have reposed in you, to use your best endeavours to hinder him or them from so doing, and to seize upon his or their person, boats, and goods, and to proceed against him or them according to the laws of our said province, or in default thereof according to your best discretion, for vindication of any such wrong done to us and pre- servation of our just rights there, and we will and require our said council, gene - ral assembly, and all our officers and other the inhabitants of our said province, to be aiding and assisting to you therein, as occasion shall require. And where- as we understand, that, in the late rebellion there [in] one thousand six hundred forty and four, most of the records of that province being then lost or embezzled, no inrollment remains now there of divers patents of land formerly granted by us in that province, which may hereafter prove very prejudicial, not only to us and our heirs, but also to the patentees of any such lands and their heirs, and cause many suits and controversies, in case their patents should by any accident be lost, We therefore for the prevention thereof do hereby will and require you our said lieutenant to issue out a proclamation there, requiring all persons within a certain time therein to be prefixed to produce to our surveyor general or his deputy there all such pattents from us by which they or any of them respectively claim any land within our said province, and that thereupon a true list thereof be delivered unto you, and to require our secretary there also to give you a list of all such pattents of land formerly granted by us [as] are now remaining upon record, whereby upon comparing the said lists together you may see what pat- tents are not remaining upon record, and to require all such persons as claim any land within our said province by virtue of any such pattents not now remaining upon record there, to cause them to be inrolled in our secretary's office there, within some convenient time to be limited by you in the said proclamation for that purpose. And whereas we understand, that certain Indians of several na- tions, to wit, the Mattapanians, the Wicomocons, the Patuxents, the Lamascon- sons, the Highahwixons, and the Chopticons desire to put themselves under our protection, and to have a grant from us of a certain tract of land in the head of
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