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 117
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Lastly, that capt. William Fuller, &c. the country being in such a sad, dis- tressed, distracted condition, and so deeply and desperately engaged, endanger- ed, and likely to be ruined, through such a wicked and bloody insurrection and rebellion, having used all means that in them lay for the stopping thereof (the Indians also attending their motion, and falling on at or about the same time) having a lawful power, and being authorized and required to provide for conser- vation of the peace and administration of justice, and it being in his power, God having given those bloody people into their hands, whether it were not a duty incumbent upon them to do something in order to the peace of the country, by taking away some of the chief and most dangerous incendiaries, who otherwise were very likely to attempt the like another time ; and in order to justice, that so many, who were found guilty of insurrection, rebellion, robbery, burglary, and murder, should not all of them be suffered to escape, but some few of those many and great delinquents should suffer and be made examples. And for the manner of their proceedings by a council of war, being there in arms, and in a military posture and condition, and being enabled by the commissioners instruc- tions from the council of state to raise an army, and use all acts of hostility to enforce obedience and conformity, there being no indifferent jury to be had, whether wise men and better lawyers, than can be supposed to be there, might not be likely to fall into such an error, if it were an error, all things well weighed and considered.
A BREVIAT of the proceedings of the Lord BALTIMORE, and his officers and compliers in MARYLAND against the authority of the Parliament of the common- wealth of ENGLAND, and against his highness the Lord Protector's authority, laws, and government.
[Thurloe's State Papers, vol. V. p. 486, A. D. 1656.]
The province of Maryland, in that state wherein it stood under the lord Balti- more's government, had more need of reducing than any English plantation in America, for these reasons, viz :
1. The covenant, laws, and platform of government established in England declare the suppression and extirpation of popery, to which his highness oath tends; but the lord Baltimore's government declares and swears the upholding and countenancing thereof, both by the officers and people.
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2. The lord Baltimore exercised an arbitrary and tyrannical government, un- dertook a princely jurisdiction, stiles himself absolute lord and proprietor, con- stituted a privy council, most of Papists, and the rest sworn thereto. This privy council must be the legislative power, that is to put in execution such laws, the laws which the lord Baltimore himself makes and imposeth; and he makes what laws he pleaseth. The people are indeed called to assemblies, but have neither legislative power nor of judicature, that being appropriated to the privy council or upper-house, so that what is determined, by them, admits of no reference or appeal.
3. The lord Baltimore's grants of land are made, to the end that the grantees might be the better enabled to do him and his heirs all acceptable service, for the tenure is for all service, to which they must all swear, before they have any grants, without any relation to, or mention of the supreme authority of England, either in this or any thing else that passeth there.
4. That the lord Baltimore issued writs and all other process whatsoever in his own name.
5. Charles Stewart, son to the late king, was in Maryland proclaimed king of England, &c. against which no act, order, or proclamation hath been published by the lord Baltimore or his officers; for although Mr. Greene who made the said proclamation, was put out of the government, yet that action was not men- tioned to be the cause, but other matters against the lord Baltimore.
6. That there was a notable practice and compliance of the lord Baltimore and his party with the late king's party in Virginia, against the parliament and their ships, the said lord Baltimore having gotten commission from the king at Oxford to seize and take the ships and goods of all such as would not pay the customs there, which the lord Baltimore was to receive, and undertook to put in execution, but failed thereof through the country's non-compliance ; which had it took effect as he designed, would have engaged the country in a war against the parliament, to the apparent ruin and destruction of that plantation, besides the exceeding great damage and loss to the state here, in point of revenue by custom, excise, &c. the hindring of trade and navigation, loss of ships and goods to the merchants, and strengthening of the king's party.
Since the reducement of the province under the obedience of the common- wealth of England :
1. That the lord Baltimore hath utterly disowned and contradicted the said reducement (though acted by commission and instructions from the council of state by authority of parliament, by the commissioners appointed, and the ships sent over for that purpose) terming it rebellion against himself and his govern- ment there, scandalizing and abusing the commissioners of the commonwealth of England with the opprobrious names of factious, seditious, malicious and rebel- Jious persons, that they should stir up the people to sedition and rebellion, and were the abettors thereof.
2. That the lord Baltimore hath from time to time instigated and animated his officers to oppose and act contrary to the said reducement, as well by force of arms as otherwise, commanding them to apprehend the state's commissioners and their complices, as rebels to him, and deal with them accordingly ; requiring his officers to proceed in his own way of government, and to carry all in his name as before, notwithstanding any thing done by the said commissioners ; and to undertake to justify them in such their proceedings, and to bear them out in it.
3. The lord Baltimore in his last letter to capt. Stone doth blame him for resigning up his government into the hands of the lord protector and common- wealth of England, without striking one stroke; taxing him in effect with cow- ardice, that having so many men in arms, he would not oppose, saying, that Bennet and Claiborn durst as well have been hanged, as have opposed him; OF to that effect.
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4. That in the last rebellion against his highness the lord protector and com- monwealth of England, and the government established in Maryland by their authority, the said lord Baltimore and his officers have in high measure abused the name of lord protector, and under that notion have committed many notori- ous robberies and murders against peaceable and loyal subjects of the common- wealth of England and his highness the lord protector; and to this end raised men in arms, conferring honours upon base and bloody-minded people, as well Papists as others, and employed them in a violent and formidable manner in battle array, with lord Baltimore's colours displayed, to fight against the lord protector's government and people, yea to shoot against his highness's colours, killing the ensign-bearer ; by which means much blood hath been shed, many made widows and fatherless, and great damage, danger, and distress brought upon the whole province. The Indians likewise taking occasion and advantage hereby to fall upon the frontier plantations, have killed two men, and taken some prisoners.
Before the alteration of the government here in England,
The lord Baltimore obtained a patent from the king for a tract of land in the bay of Chesapiak in Virginia, pretending the same to be unplanted ; by this means takes away the lands from the Virginians, to whom the same of right belongs, and not only so, but takes away the trade with the nations which they had many years enjoyed ; and not being able to manage the trade himself, left it to the Swedes and Dutch, who furnished the Indians with powder, shot, and guns, to the great damage and danger of those plantations, and his highness's subjects ; and further most unjustly and cruelly disseised capt. Claiborn and others of the island called Kent, though seated and peopled under the Virginian government three or four years before the king's grant to him; and not the land only, but the estates and lives too of such as opposed him or his officers, hanging some, and killing others, who sought the preservation of their rights and inter- ests from popish violence. Such a beginning had that poor unhappy plantation, being founded upon the rights and labours of other men, and begun in bloodshed, robbery, and all manner of cruelty.
[The foregoing papers, in this note, were copied from Hazard's Collections, vol. 1, p. 620 to 630.]
NOTE (LXXXIX.) p. 545.
[The following part of a document is copied from a book in the council cham- ber, labelled on the back,-"Council H. H. 1656 to 1668." It being the first document recorded in the book, the first leaf of which having been torn out, ex- cept a small remnant thereof, a considerable portion of the said document is now lost. On the said remnant, however, are discernible, in the margin thereof, the following words,-"Instruct. 23d Octobris, 1656;"-and at the bottom of the said remnant, on the second page thereof, are the words-"'in Jesus Christ."-The third page of the book, which is on the second leaf thereof, and which is entire, commences with the words following :]
-"have liberty of conscience and a free exercise of their religion there, be duly observed in the said province by all the inhabitants thereof, and that the penal- ties mentioned in the said act be duly put in execution upon any offenders against the same or any part thereof.
3. That his lordship's said lieutenant doe cause such proportions of land to be surveyed and assigned (except royal mines) to such several persons as followeth, until his lordship shall send a new great seal thither (which he will shortly do) whereby the said lands may be granted by pattent under the same (viz.)
To capt. Josias Fendall, his lordship's present lieut. there-2000 acres. To Mr. Luke Barber,- 1000 as.
VOL. II .- 88
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To Mr. Thomas Truman, 1000 acres.
To Mr. George Thomson, - 1000 as.
To Mr. John Langford, 1500 as.
To Mr. Henry Coursey, 1000 as.
Provided that none of the lands above mentioned be assigned in any place for- merly disposed of by his lordship or his authority to any other person, nor sett out nor reserved for his lordship's own use. And provided that in the said as- signments the usual respective yearly rent of two shillings sterling for every hundred acres of all the said lands to be payed to his lordship and his heirs for the same be reserved and payed respectively or the value thereof in such com- moditys as his lordship or his heirs or his or their officer or officers appointed from time to time to collect and receive the same shall accept in discharge there- of, for all which this shall be your warrant.
4. That they doe take special care of those widdowes who have lost theyr hus- bands in and by occasion of the late troubles theare, viz. Mrs. Hatton, Mrs. Lewis, and Mrs. Eltonhead, whom his lordship would have his said lieutenant to cause to be supplyed out of such rents and other proffit as are due to his lordship and can be gott, for their present relief and subsistence in a decent manner in case they stand in need thereof, and that they let his lordship know wherein he can doe them any good there in recompence of their sufferings of which his lordship is very sensible, and that they assure them on his lordship's behalfe that he will continue his utmost endeavours (by soliciting his highnesse and council) for the procuring of justice to be done them for the lives of their husbands and satisfaction for their losses from those who have done them so great injuries, which he doubts not but will be at last obtained.
5. That they cherish and comfort in what they can all such persons as have approved themselves faithfull to his lordship and done good service in the late troubles there : that his lordship's said lieutenant preferre those persons before any others to such places and employments of trust and profitt as they may be respectively capable of, and in particular Mr. Thomas Truman, Mr. George Thomson, lieutenant Thomas Tunnell, and Mr. Barton, and that his said lieu- tenant and councell lett his lordship understand from time to time wherein he can upon any occasion requite them and others who have bin faithful to his lord- ship as aforesaid with any thing there for theyr advantage according to theyr respective merits, assuring them that his lordship will be very ready and willing to gratify them in any thing that shall be reasonably desired of him and in his power to doe.
6. That whereas a windmill at St. Mary's which was formerly belonging to major generall Edward Gibbons late deceased was assigned by the said Gibbons his widdowe to his lordship in satisfaction of a debt of one hundred pounds sterling due to his lordship from the said major Gibbons his lordship requires his said lieutenant and councell to take speciall care that the said mill be preserved and improved to the best advantage for his lordship's use and benefitt.
7. That they doe take speciall care that no encroachments be made by any upon any part of his lordship's said province, for the better prevention whereof his lordship requires his said lieutenant and councell to cause the bounds there- of to be kept in memory and notoriously knowne especially the bounds between Maryland and Virginia on that part of the countrey knowne there by the name of the eastern shore to which his lordship would have them peruse one of the maps of Maryland which his lordship formerly sent thither whereby the said bounds are described, and his lordship hath also for their direction therein sent heerewith a copy of a proclamation published heretofore by the then governor and councell of Virginia, for prohibiting any of Virginia to trade with the In- dians in Maryland without his lordship's lycence which proclamation bore date
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4th of October, 1638, and therein are described the bounds between Maryland and Virginia, the said coppye haveing bin transcribed out of another copie there- of which his lordship hath, attested by Mr. Richard Kempe deceased who was secretary of Virginia when the said proclamation was made .- Given under his lordship's seale at armes 23d of October, 1656. C. BALTEMORE."
NOTE (XC.) p. 545. " Commission to Philip Calvert, Esqr.
Cecilius absolute lord and proprietary of the provinces of Maryland and Ava- lon lord baron of Baltimore, &c., To all the inhabitants and people in the said province of Maryland and to all others whom these presents shall any way con- cern, greeting, Know yee that we reposing special trust and confidence in the wisdom, diligence, and fidelity of our very loving brother Philip Calvert, esqr. have constituted, appointed, and ordained, and by these presents do constitute, appoint, and ordaine him the said Philip Calvert to be one of our councell of state and conservator and justice of peace within our said province of Maryland untill wee or our heirs shall signify our or theyr pleasure to the contrary under our or theyr hand and seale at armes, And wee do hereby give and grant unto him the said Philip Calvert full power and authority for that purpose from time to time and at all times during his so being of our said councell of state there to meete and assemble himself in councell upon all occasions in our said pro- vince with our lieutenant of our said province for the time being and others of our councell there, and in all things to doe and act as one of our councell of state of our said province in as ample manner and forme, as any other councel- lor of ours there can may or ought to doe (as being of our said councell of state there.) And wee doe hereby further will and grant that he the said Philip Cal- vert shall have receive and enjoy all such powers privileges preheminences juris- dictions immunities and advantages whatsoever which are belonging and inci- dent to one of our councell of state and conservator and justice of peace there (in as full and ample manner as any other of our councell there) may can or ought to have and enjoy as a councellor conservator and justice of peace in our said province, Heereby willing and requiring our said lieutenant and the rest of our councell of the said province of Maryland to admitt and receive him the said Philip Calvert as one of our councell of state conservator and justice of peace of and in our said province as aforesaid. Provided allways that he take in open court in our said province the oath of a councellor of state appointed by us to be taken by those of our councell there before he sitt or act as one of our councell of state and conservator or justice of peace in our said province to be administered unto him by our said lieutenant or any two of our councell there who are heereby respectively impowered and required to administer the same accordingly, And wee doe also heereby constitute appoint and ordain him the said Philip Calvert to be our principal secretary of our said province of Mary- land, and to have all such priviledges and benefitts as belongeth to our princi- pal secretary there, And wee doe by these presents appoint constitute and or- daine the said Philip Calvert to be our principall officer and keeper of the acts and proceedings of us and our lieutenant and councell there for the time being, and of and for the entring and recording of all grants by us and our heires to be made of any lands or offices within our said province of Maryland, and for the probates entring and recording of wills and inventorys and granting of letters of administration, and for the entring and recording of all other matters acts and things, which by any instructions lawes or ordinances made or given for or con- cerning our said province of Maryland shall or ought by the appointment of us or our heires or by the appointment of our lieutenant or other chief governor there for the time being, or otherwise, to be entered and recorded, To have and
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to hould execute and enjoy the said office and offices together with the privi- ledges and benefitts aforesaid unto him the said Philip Calvert until wee or our heires shall signify our or their pleasure to the contrary and no longer, Provided always that he take in open court in our said province the oath of the secretary there before he act as secretary in our said province to be likewise administered unto him by our said lieutenant or any two of our councell there who are heere- by respectively empowered and required to administer the same accordingly .- Given our hand and seale at armes the seventh day of November in the five and twentieth yeare of our dominion over the said province of Maryland and in the yeare of our Lord God 1656."
[Taken from the record book entitled "Council HH. 1656 to 1668," p. 7,]
" At a council held at St. Mary's 18° Junii Present
NOTE (XCI.) p. 547. "Anno. 1657. The Lieutenant and Mr. Secretary.
The governor declared his resolution to depart this province and therefore (to the intent justice might heere be duly administered in his absence) did nomi- nate Luke Barber, esqr., his deputy lieutenant and signed his commission in the words following :
Josias Fendall lieutenant and chief governor of the province of Maryland To all the inhabitants and people of the said province and all others whom these presents shall or may concerne, greeting, Whereas the lord proprietary by com- mission bearing date the tenth of July in the five and twentieth yeare of his dominion hath given granted and confirmed unto mee the chiefe government of this his said province of Maryland in as large and ample manner to all intents and purposes as it was held and enjoyed by captaine William Stone, And where- as his said lordship by commission bearing date the sixth day of August in the seventeenth yeare of his dominion did grant unto the said captaine William Stone (in case of death or absence out of the province) power to nominate elect and appoint any other person of the councell in his place, Know yee there- fore that I for divers good causes me thereunto moving and being confident of the industry integrity and fidelity of Mr. Luke Barber to his said lordship, Have nominated constituted and appointed and doe by these presents nominate constitute and appoint the said Luke Barber my deputy lieutenant of this pro- vince (reserving unto myself all benefitts allowed me by his said lordship.) To have and to hould the said untill such time as I returne againe into this province or that the lord proprietary or his heires signify theyr pleasure to the contrary, Provided always that the said Luke Barber grant no warrants to any person or persons for the survey of any lands but upon certificate from the secretary of state of this province of rights duly entred in his office for the same strictly charging and requiring all persons to yield all due obedience to him the said Luke Barber as my deputy as they will answer the contrary at their perill .- Given under my hand and seale at St. Mary's this 18th day of June Anno Domi. 1657.
JOSIAS FENDALL."
[Taken from the record book, entitled, "Council HH. 1656 to 1668," p. 9.]
NOTE (XCII.) p. 558.
"Instructions directed by the right honble. Cecilius absolute lord and proprie- tary of the provinces of Maryland and Avalon lord baron of Baltimore, &c., To his lordship's lieutenant and the rest of his lordship's councel of the said pro- vince of Maryland for the time being.
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NOTES AND ILLUSTRATIONS.
C. BALTEMORE.
Imprimis, his lordship doth hereby authorise will and require his lieutenant of Instruct. the said province of Maryland for the time being to discharge any one of his 20th Nov'br. lordship's council of the said province from being of his lordship's council there 1657. who shall desire the same, And his lordship doth also hereby authorise him that he may with the advice and approbation of any three of his lordship's council there for the time being whereof his lordship's brother Philip Calvert, esqr., to be one discharge any person or persons nowe of his councell in that province from being of his lordship's councell there who shall refuse to act as one of his lordship's councell there or to give attendance at his lordship's courts in that . province when they shall be respectively thereunto required by his lordship's lieutenant there for the time being without a just and lawful excuse for the same to be allowed and approved of by his lordship's said lieutenant and his lord- ship's said brother Philip Calvert, esqr., any former commission warrant or in- struction to the contrary hereof in any wise notwithstanding.
2. Whereas his lordship hath herewith sent over a new great seal of the said province by captain Josias Fendall his lordship's lieutenant of the said province and hath committed the custody thereof to him the said captaine Josias Fendall according to his lordship's commission to him for that purpose his lordship doth hereby declare that his lieutenant and keeper of the said greate seale for the time being shall have power and authority to passe grants or pattents in his lord- ship's name under the same and in such forme as his lordship hath heretofore appointed to any person or persons whatsoever as he shall thinke fitt of such lands in the said province as are or shall be due to them respectively from his lordship by vertue of any of his conditions of plantation or any commission war- rant instruction or direction heretofore given or made by his lordship or hereafter to be obtained from him under his hand and seale at arms for the same and to every servant which hath or shall serve out his time with any adventurer or planter fifty acres under the usual rent of one shilling sterling for every fifty acres to be paid yearly to his lordship and his heirs which grants or pattents so to be passed after they shall be respectively attested by the subscription of his lordship's lieutenant of the said province and his lordship's secretary or in case of his the said secretary's death or absence out of the said province of any two or more of his lordship's councell there for the time being on the respective grants or pattents and after the commission warrant instruction or direction under his lordship's hand and seale at armes for the passing thereof respectively shall be duly recorded there his lordship doth heereby and not otherwise ratify and confirme as his acts and deeds which shall bind his lordship and his heirs accordingly on that behalfe although such person or persons who shall have any such grant or pattent passed unto them as aforesaid of any lands due unto them by vertue of any of his lordship's conditions did not make their claim nor passe their patents thereof in due time or have since forfeited their right unto the same, any former commission warrant, order, instructions or any other thing to the contrary hereof in any wise notwithstanding, Provided always that all and every such person or persons respectively who shall have any such grant or pattent passed unto them do take the oath of fidelity to his lordship and his heires mentioned in his last conditions of plantation for that province with such alteration in the said oath as was agreed unto by his lordship and directed in the report of the committee for trade dated the 16th of September 1656 concerning that province a coppy of which report attested by the clerk of that committee his lordship sent into that province together with his instructions to his lieutenant and councell there dated 23d of October 1656, wherein the said report is men- tioned, And provided also that such person or persons who have acted or abetted any thing against his lordship's lawful right and jurisdiction there do make and
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