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 114
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Wicomoco river, called Choptico, resolving there to live together, that they may neither injure the English nor the English them, the said quantity of land being as we are informed about eight or ten thousand acres, which we conceive may be a means not only to bring them to civility but also to christianity, and may consequently be as well an addition of comfort and strength to the English inha- bitants as a safety and protection to those Indians, who having been natives and former inhabitants of that part of our said province, where the English now in- habit, and not only always well affected unto them but also willing to submit themselves to our government, we esteem ourselves bound in honour and con- science to allow them, according to their desire, some place of habitation there, by a title derived from us, and have therefore thought fit for that purpose, and do accordingly hereby authorise and require you our said lieutenant to cause, by a declaration and command in our name under the great seal of our said pro- vince, [such tract of land,] as the said Indians above mentioned shall, (with the approbation of you and our surveyor general there,) make choice of, to be erected into a mannor for the use of us and of our heirs for ever, with court-baron and court-leet, as occasion shall require in and for the [said] mannor, and to be called by the name of Calverton-manor, of which manor our pleasure is, that a thousand acres in the first place be made choice of by our surveyor general there in the best and most convenient place of the said manor and set apart as the de- mesnes thereof to be reserved for the only use of us and of our heirs ; And we do hereby authorise and appoint our surveyor general Robert Clarke, gent. to be our steward of the said mannor, and in our name to keep court-baron and court- leet as occasion shall require in and for the said mannor, and on our behalf grant by copy or copies of court-roll copyhold-estates for one two or three lives of any part of the said manor except the demesnes thereof to any Indian or Indians that shall desire the same and as he our steward with the approbation of our said lieutenant shall think fit, to be held of the said mannor upon such services, to be done to us and our heirs by such copyholder for the same, as our steward, with the approbation of our said lieutenant shall also think fit : Provided, that no one copyhold exceed above fifty acres, unless it be to the werowance or chief head of every of the said six nations abovementioned respectively, and not to any of them above two hundred acres a piece, and that upon every copy so to be granted there be reserved a rent of one shilling sterling or the value thereof to be paid yearly to us and our heirs for every fifty acres of land respectively to be granted as aforesaid, and so proportionally for a lesser or a greater quantity of land, which copyhold-estates, so to be granted by the said Robert Clarke stew- ard of the said mannor upon such terms and conditions and not otherwise as aforesaid, We do for us and our heirs hereby fully ratify and confirm to every of the said copyholders respectively, and do hereby declare that they shall be as valid in law to every of them respectively against us and our heirs as if we our- self had immediately granted the same and as if every one of the said copyhold estates respectively had been passed unto every respective copyholder by a grant under our great seal of the said province, any former commission, instruction, declaration of ours to the contrary in any wise notwithstanding. And, whereas by the third article of our last conditions of plantation for the said province, dated the second day of July one thousand six hundred and forty nine, there is allowed one hundred acres to every adventurer or planter for every person of British or Irish descent transported thither, as by the said conditions unto which relation being had may more at large appear, We understand that it may in divers respects be prejudicial to the general good of that colony, in case so great allowance of land should be long continued to all that shall hereafter come to plant there, because by that means the people will be too remotely situated from one another and the whole province perhaps in a short time be taken up by a few
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people, leaving little or no conveniency for others to come and add strength and comfort to them, and therefore according to the advice of you our said lieutenant we have thought fit hereby to declare, that instead of one hundred acres express- ed as aforesaid in the said third article of our said conditions there shall be only fifty acres of land within our said province allowed to any adventurer or planter for or in respect of any person of British or other descent which shall be trans- ported thither from and after the twentieth day of June one thousand six hundred fifty and two, which our will and pleasure is shall be granted to every adven- turer and planter respectively upon such terms and conditions and for such pro- portionable rents to be paid to us and our heirs as are expressed in our said last conditions of plantation, which in all other things we will shall stand in force till we or our heirs shall declare our pleasure to the contrary, with such alteration of the oath of fidelity therein expressed as we have formerly agreed unto by our declaration dated the sixth of August in the nineteenth year of our dominion over the said province and in the year of our lord one thousand six hundred and fifty and transmitted thither the last year, and we will and require you our said lieutenant to pursue our directions herein accordingly, our said former conditions of plantation or any former commission, warrant, or instruction to the contrary notwithstanding .- And for the better publication and remembrance of the bounds between Virginia and Maryland, and prevention of any controversies, which may otherwise hereafter happen between the inhabitants of Virginia and those of our said province about the same, We require you our said lieutenant to encourage some English as soon as you can to take up such land as shall be due unto them in our said province by virtue of our conditions of plantation or other warrant from us near to the bounds of our said province according to the maps thereof which we sent thither about two years since, and to pass grants in our name under our great seal to such as shall desire the same of so much land in those parts of our said province as shall be due unto them as aforesaid, especially on or near the bounds of our said province on that tract of land which is com- monly called the Eastern Shore lying between the bay of Chesapeake and the sea, and also on or near the bounds of our said province on that tract of land which lyeth between the creek or river that runneth by Patowmack-town called in the mapp Patowmack river on the south, and the river which runneth by Pis- cattoway called in the mapps aforesaid by the name of Piscattoway river on the north, in which last tract is included, as we are informed, that place where Mr. Giles Brent now resides called by him Peace, and also the country called there the Doages ; and for the better encouragement of English to make choice of their dividends of land and to seat themselves in the places aforesaid, We do hereby authorise and require you our said lieutenant to grant in our name under our great seal to any adventurer or planter that shall make choice of his dividend and seat a plantation of English on the Eastern Shore or on that tract of land wherein the Doages is included as aforesaid one hundred acres of land in any place of either of those two parts of our said province to him and his heirs for ever for or in respect of every person of British or Irish descent which he shall transport from other parts into our said province according to our last conditions of planta- tion above-mentioned, and upon such terms and conditions as are therein ex- pressed, which we will shall continue in force in all things to those two last- mentioned parts of our said province till we or our heirs shall declare our further pleasure to the contrary, any thing herein contained to the contrary in any wise notwithstanding .- When we made capt. William Mitchell one of our council of state in that province, which we were induced unto by his ability of understand- ing, we conceived that he would have been a good assistance to you our said lieutenant and the rest of our council for the better conduct of our government there, and did hope that according to his serious professions to us he would not
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only by his advice but also by his example of life have conduced much to the advancement of that province as well as to our honour and his own reputation, but contrarily it seems he hath not only fomented divisions but also lived a most scandalous life, whilst he was there, with certain women which he carried from hence with him there, leaving his wife here in a miserable condition, (all of which was unknown to us till of late since his return from those parts, ) and did likewise, whilst he was there, most prophanely in publick discourse profess him- self of no religion at all, which we have, by several evidences here as well as from thence, so good proofs, as we find upon our charging him therewith since his return from thence hither, he cannot make any good justification of himself therein, Wherefore we do much lament our misfortune in giving him any coun- tenance or authority who hath so much abused the same by dishonouring us and our government there as much as in him lay, and have thought fit to discharge him thereupon from being any more of our council of state there, as we'do by these presents declare him to be discharged from it and also from all other pub- lick authority of justice of peace or otherwise whatsoever in our said province, requiring you our said lieutenant not to permit him hereafter, if he shall return again into our said province, to act there in any thing for the future as one of our council of state or justice of peace of our said province ; and for the more timely prevention of any such high offences to Almighty God and such dishon- our to us and our said government hereafter as aforesaid by any in eminent . authority there, We do hereby declare, that in case any person, who is or shall from time to time be of our council of state or commander of a county or justice of peace in our said province, shall (which God forbid, and we hope will never more happen,) after the publication hereof there live scandalously or viciously with any lewd woman, or profess himself of no religion, and shall be legally convicted of either of the said crimes by his own confession or the testimony of two sufficient witnesses, or shall be twice legally convicted by his own confes- sion or the testimony of two sufficient witnesses of being an usual drunkard, swearer, or curser, we do authorise and require our lieutenant of the said pro- vince for the time being to suspend any such person from being of our council of state, commander of a county, or justice of the peace in our said province, and in the room of any such commander of the county so convicted and suspend- ed to appoint some other able and fit person to be commander of that county whereof any such person so convicted and suspended as aforesaid had command, till the cause or causes of such suspension in every of the respective cases aforesaid and proofs of the suspended person's misdemeanors be certified to us, (which we require our lieutenant in such cases from time to time to certify us of, with all convenient expedition,) and until our further pleasure be known therein, either for the discharging or restoring any person which shall be so sus- pended as aforesaid, willing and requiring you our said lieutenant, as you tender the glory of God, our honour, and the publick welfare of that colony, to be very diligent and circumspect in discovery of any such scandalous and evil comport- ments and misdemeanors for the future of any of our said council, commander of a county, or justice of peace in our said province as aforesaid, and to proceed with any offender in that kind as you are hereby required and directed, and to cause them also to be further punished according to the laws of that our said province in such cases provided; And we require all those of our said council from time to time to give their due attendance on our said lieutenant at all gene- ral assemblies and provincial courts in our said province for the better conduct of the publick affairs and administration of justice according to the great trust reposed in them by us, by which due performance of the duty of their calling they will much endear us unto them and not only advance therein our honour and the publick happiness of that colony, but also their own reputation ; but in
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case any of our said council being duly summoned by our said lieutenant there for the time being to give his attendance on him at any general assembly or pro- vincial court in our said province, should so much forget himself and us and the good of that colony, as without leave from our said lieutenant or some justifiable impediment to forbear to come or be absent any day from the said assembly or court, We will and require [our said lieutenant] to proceed against such person of our council, who shall so forbear to come or absent himself as aforesaid by fining him according to the laws of our said province, or in default thereof ac- cording to the best discretion of him our said lieutenant and the rest of our said council or the major part of them, who shall then be present in any such court or assembly, when any such person shall so absent himself as aforesaid; and furthermore that our said lieutenant do give us notice of any such neglect of any of our said council, and send us good proof thereof, to the end that we may as we see cause put others in their room who will give better attendance on the public affairs there. And, whereas we find that some ill-affected persons to us and the publick peace of that colony do every year, by publishing there many false reports concerning us and our affairs, as well as by other subtle means, endeavour to disquiet the minds of the people there and to infuse jealousies and doubts in our officers and others, thereby to breed diffidence and division if they can between us and them as well as amongst themselves, which may in time prove to be of dangerous consequence, to the ensnarement of divers honest men, whose intentions are good were they not so deluded, We do, therefore, will and require you our said lieutenant and council to use your best endeavours upon all occasions for the timely suppression of all such false rumours and reports as aforesaid, and to find out the authors and publishers thereof, and to cause them to be punished according to their demerits ; and we also recommend it to the consideration of our general assembly there, whether it be not convenient to make a law in that province, as there is in England, for the punishment of all such as shall publish false news to the disturbance of the minds of the people and the publick peace, for the better prevention of the mischiefs, which by expe- rience have been found to be caused thereby, not doubting but our said assembly will be as sensible of any dishonour or wrong, which may be done unto us by any such false reports, as we are and ever shall be of any prejudice which may happen by that or any other way to them or to any of the inhabitants of our said province. For the better manifestation whereof and of our mind in all other things herein contained, We have thought fit, and do hereby will and require our lieutenant of our said province of Maryland for the time being to cause this our declaration to be read to the upper and lower houses of our general assembly there, to be published at the usual places of publishing our ordinances and edicts in our said province .- Given under our hand and greater seal at arms the six and twentieth day of August in the twentieth year of our dominion over the said province, and in the year of our lord one thousand six hundred fifty and one.
[Taken from the book in the council chamber, entitled, "Assembly Proceed- ings from 1637 to 1653," p. 424, &c.]
NOTE (LXXX.) p. 435.
"Instructions for captain Robert Denis, Mr. Richard Bennet, Mr. Thomas Stagge, and captain Willian Claybourne, appointed commissioners for the reduc- ing of Virginia, and the inhabitants thereof, to their due obedience to the com- monwealth of England.
[ Thurloe's State Papers, vol. I. page 197.]
Whereas the parliament of England, by an act entituled an act prohibiting trade with the Barbadoes, Virginia, Bermudas, and Antegoa, hath committed to
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this council several powers therein expressed, for the settling, reducing, and go- verning the said islands, printed copies of which acts are herewith delivered unto you ; in pursuance whereof a fleet is now set forth, victualled, armed, and man- ned, under the command and conduct of captain Robert Denis, to effect, by the blessing of God, the ends aforesaid ; and for the management of that service you are jointly nominated and appointed commissioners, and for your better direc- tions and proceedings therein you are to follow and pursue these instructions following :
Such of you as are here, are to repair on board the ship John, or the Guinea frigot of the states, which of them you shall think fit; and, wind and weather permitting, to sail to Virginia, as captain Robert Denis shall direct and appoint.
And upon your arrival at Virginia, you, or any two or more of you (whereof captain Robert Denis to be one) shall use your best endeavours to reduce all the plantations within the bay of Chesopiaik to their due obedience to the parliament of the commonwealth of England. For which purpose you, or any two or more of you (whereof captain Robert Denis to be one) have hereby power to assure pardon and indemnity to all the inhabitants of the said plantations, that shall submit unto the present government and authority, as it is established in the commonwealth; in which pardons you may make such limitations and * two or more of you (whereof captain Robert Denis * * *
And in case they shall not submit by fair ways and means, you are to use all arts of hostility, that lie in your power to enforce them ; and if you shall find, that the people so stand out, as that you can by no other ways and means reduce them to their due obedience, you, or any two or more of you (whereof captain Robert Denis to be one) have power to appoint captains and other officers, and to raise forces within every of the plantations aforesaid, for the furtherance and good of the service ; and such persons as shall come unto you, and serve as sol- diers, if their masters shall stand in opposition to the present government of this commonwealth, you, or any two or more of you (whereof captain Robert Denis to be one) have hereby power to discharge and set free from their masters all such persons so serving as soldiers.
You shall cause and see all the several acts of parliament against kingship and the house of lords to be received and published ; as also all the acts for abol- isbing the book of common prayers, and for subscribing the engagement, and all other acts herewith delivered you.
You or any two or more of you, have full power to administer an oath to the inhabitants or planters there, to be true and faithful to the commonwealth of England, as it is now established, without a king or a house of lords.
You, or any two or more of you (whereof captain Robert Denis to be one) have power to give liberty to the inhabitants and planters, who shall have taken the engagement formerly mentioned, to choose such burgesses as they shall think fit; and send to the place you shall appoint, for the better regulating and governing of affairs there; provided that nothing be acted contrary to the go- vernment of this commonwealth of England and the lawes there established.
You shall cause all writs, warrants, and other process whatsoever to be issued forth as occasion shall require, in the name of the keepers of the liberty of Eng- land by authority of the parliament.
In case of mortality, or absence of captain Robert Denis, you or any two or more of you, have power to put in execution these instructions.
In case of mortality, or absence of captain Robert Denis, Edmund Curtis, commander of the Guinea frigot, is hereby impowered to act as commissioner with you, or any two or more of you ; and he is also in the absence of captain Robert Denis to take the charge and command of the fleet, so far as concerns the shipping, according to the power given to captain Robert Denis.
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And lastly, as we doubt not but you will use your best diligence and care in carrying on of this affair of consequence, with which you are intrusted, and that by your good endeavours it will have a good issue ; so the council will take the same into consideration, that respect may be had of your pains and travel there- in, and of a recompence agreable to your service, when the same shall be com- pleated, and work, upon which you are employed, shall be finished. .
Signed in the name and by order of the council of state appointed by authori- ty of parliament. Jo BRADSHAWE, President."
Whitehall, 26th September, 1651.
[Taken from Hazard's Collections, vol. 1, p. 556.]
NOTE (LXXXI.) p. 443. PROCLAMATION.
"By the Commissioners of the Council of State for the Commonwealth of England.
Whereas the right honourable the council of state for the commonwealth of England by authority of parliament have committed to us the commissioners several powers for the reducing settling and governing of all the plantations within the bay of Chesapeake, as by their commission and instructions bearing date at Whitehall the 26th day of September, 1651, may appear, in pursuance whereof the foresaid commissioners having applied themselves to the governor and council of Maryland, (one of the plantations within the limits aforesaid re- quiring them to submit thereunto and to act accordingly, and having tendered the same several times unto them, so that they might remain in their places, conforming themselves to the laws of the commonwealth of England in point of government only, and not infringing the lord Baltimore's just rights ; which they having denied and refused as being inconsistent with the pattent of the lord proprietor and their oaths made to him; In obedience, therefore, to the said council's commands in their said commissions to us directed, for the preserva- tion of the honour and interest of the commonwealth of England for settling the colony of Maryland in their due obedience and peace, and for the true adminis- tration of justice and right to the inhabitants thereof, until further order can be taken therein, and until the council of state's further pleasure shall be known ; We the said commissioners have hereby thought fit to publish these orders fol- lowing, requring all the people of this province to see the same kept and ob- served :
That all writs warrants and process whatsoever be issued forth in the name of the keepers of the liberty of England by authority of parliament, that they be signed under the hand of one or more of the council hereafter named, viz. Ro- bert Brooke, esqr., colo. Francis Yardley, Mr. Job Chandler, captain Edward Windham, Mr. Richard Preston, and lieutenant Richard Banks.
That the said council of Maryland, first taking the engagement, do cause the same to be tendered to all the inhabitants in these words,-We, whose names are subscribed, do promise and engage ourselves to be true and faithful to the commonwealth of England, as it is now established, without king or house of lords.
That the said council of Maryland, or any two or more of them, whereof Ro- bert Brooke, esqr., to be one, do govern and direct the affairs thereof, and hold courts as often as they think fit for that purpose, as also that they summon an as- sembly to begin 24th of June next coming, the burgesses whereof are only to be chosen by such freemen as have taken the said engagement, and that neither by the said council nor in the said assembly any thing be acted contrary to the laws of England there established, or to their obedience due to the common- wealth of England.
That the commissions for the governor and council be hereby declared void
VOL. II .- 86
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and null, and to be delivered into the hands of us the commissioners, as also that all records and other matters and things relating to the government of Mary- land be delivered into the hands of the council herein by us nominated.
RICHARD BENNETT EDMUND COURTEIS WILLM. CLAIBORNE."
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