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 118
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NOTES AND ILLUSTRATIONS.
subscribe in the presence of his lordship's lieutenant and principal secretary of the said province for the time being or one of them a submission of the forme hereunto annexed to remaine upon record there or such other submission as his lordship's lieutenant and secretary or either of them in the absence of the other out of the said province shall thinke fitt before any such grant or pattent of any land in the province be passed under his lordship's great seale unto them respec- tively as aforesaid, And provided also that before any such person or persons shall have any such grant or pattent passed unto them as aforesaid they do pay or satisfy his lordship's receiver general there for his lordship's use all such arreares of rent not before satisfied or lawfully discharged as are or shall be due unto his lordship for the land which shall be granted by any such pattent from the time that by his lordship's conditions of plantation or other warrant for the passing thereof the said pattent ought to have bin passed untill the time of the passing the said pattents respectively.
3. That whereas his lordship did heretofore send a warrant for the granting ten thousand acres of land in the said province to Edward Eltonhead, esqr. upon certain termes and conditions of a certain number of persons to be transported by the said Edward Eltonhead within a certain time which time was likewise by two declarations afterwards of his lordship enlarged as by the warrants and declarations relation being thereunto had may more at large appear, And where- as neither his lordship nor the said Edward Eltonhead have had as yet any cer- tain information of the passing a grant in Maryland under his lordship's former greate seale of that province of the said land to the said Edward Eltonhead ac- cording to the said warrant and declaration and that it is doubtfull whether the said original warrant and declarations be not lost and imbezelled in the late trou- bles there, therefore his lordship thought fit to send herewith as he nowe doth trew copies under his lordship's hand and lesser seale at armes of the said war- rant and declarations, And doth hereby authorise will and require his lieutenant and keeper of his greate seale of the said province for the time being that in case he find that there was not formerly a grant or pattent passed of the proportion of land under the said former greate seale to the said Edward Eltonhead or that the said grant or pattent and record thereof be lost and cannot be found, that then the said lieutenant and keeper of the said greate seale do cause a grant to be passed under his lordship's new greate seale of the said province to the said Ed- ward Eltonhead and his heires of the said proportions of land according to the true intent and meaning of the said warrant, &c .- [N. B. The remainder of this clause being long and entirely of a private nature, it was deemed unnecessary to transcribe any more of it, or to insert it herein.]
4. That his lordship doth hereby authorise his said lieutenant of the said pro- vince with the advice and approbation of his lordship's said brother to readmit if he think fitt Mr. Robert Clark to be one of his lordship's councell of the said province to all intents and purposes whatsoever in as ample manner as formerly he was by his lordship's commission for that purpose to him, and also to add any other person or persons inhabiting the said province not exceeding the number six to be of his lordship's councell there to all intents and purposes over and above such as are already or that shall hereafter be nominated and appointed by his lordship to be of his lordship's councell there, Provided that such person or persons so to be added to his lordship's councell there as aforesaid do take the oath of a councellor there to his lordship before he or they do act as one of his lordship's councell there respectively.
5. That his lordship doth hereby authorise his lieutenant of the said province for the time being with the approbation of any three of his lordship's councell there whereof his lordship's principal secretary for the time being to be always one to make any foreigner as he shall think fitt capable of his lordship's condi-
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tions of plantation there, and to cause grants or pattents of land there to be passed unto any such person or persons accordingly as if he she or they were of British or Irish descent any former commission warrant or direction from his lordship to the contrary in any wise notwithstanding.
6. Whereas his lordship hath in these instructions and otherwise authorised and appointed his lieutenant of the said province for the time being and in parti- cular the aforesaid captain Josias Fendall his lordship's present lieutenant there to act and do several things with the advice and approbation of his lordship's brother Philip Calvert, esqr. Now in case the said Philip Calvert should dye or by absence out of the said province or otherwise should be disappointed of acting there accordingly his lordship doth hereby authorise and appoint in every such case the said captain Josias Fendall and every other his lordship's lieutenant of the said province for the time being to act and doe the same things with the advice and approbation of captain Thomas Cornwaleys esqr. in lieu and stead of the said Philip Calvert esqr. which his lordship hath by these instructions or any other writing under hand and seale authorized and appointed or shall here- after by any writing under his hand and seale authorise and appoint to be acted or done with the advice and approbation of the said Philip Calvert esqr. and that in case where any grant or pattent of land is to be passed to his lordship's lieu- tenant and keeper of his great seale there for the time being by vertue of his lordship's conditions of plantation or any other commission warrant or instruc- tions under his lordship's hand and seale for that purpose his lordship doth here- by declare authorise and require his said brother Philip Calvert esqr. (and in case of his death or absence out of the said province the said captaine Thomas Cornwaleys) and two such others of his lordship's councell there for the time being as he and our said lieutenant shall appoint, to attest every such grant or pattent to his lordship's lieutenant of the said province and keeper of his great seale there for the time being as aforesaid by the subscriptions of their respective names on every such respective grant or pattent before it shall be in force or bind his lordship or his heirs as his act and deed any thing in these instructions or in any other thing to the contrary hereof in any wise notwithstanding .- Given under his lordship's hand and great seale at armes the 20th day of November in the 26th yeare of his lordship's dominion over the said province of Maryland and in the yeare of our Lord God 1657.
The forme of the Submission above mentioned.
I A. B. doe promise and engage to submitt to the authority of the right hon'ble Cecilius lord Baltemore within this province of Maryland according to his pat- tent of the said province and to his present lieutenant and other officers there by his lordship appointed to whom I will be aiding and assisting and will not obey or assist any here in opposition to them."
[Taken from the record-book in the council chamber, entitled, "Council, &c. HH. 1656 to 1663," p. 10, &c.]
THE END.
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for aided to Vol I
INDEX.
Adams, Thomas, a member of the assembly of 1640, "censured" to ask forgive- ness of the governor, on account of some indecent speeches made against the lord proprietary, 180.
Administration, officers for granting administration, and for the probate of wills, appointed by an act of the assembly of 1638-9, 144; an act for causes testa- mentary, passed at the assembly of 1641, 183; tenor of the act, ib.
Admiralty, court of, an act passed at the session of the assembly of 1638-9, to establish a court of admiralty, 127; provisions of the act, 127.
Allegiance, oath of allegiance to the king of England, prescribed at one of the early sessions of the assembly, 110; nature and effect of the oath as prescrib- ed, ib; the prescribed oath taken by the governor and council, 112, 140.
Arundel, Thomas, lord, lord Baltimore marries the daughter of, 193 ; his descent from an ancient family, ib; notwithstanding the reformation, his family contin- ues to remain attached to the Catholic religion, ib; honours bestowed upon them by James I., ib; their attachment to Charles I., 194; their influence supposed to have induced lord Baltimore to remain neutral during the confu- sion between the Catholics and Protestants, ib.
Assembly of the province, legislative, first meeting held at St. Mary's, and laws enacted there, 34; the lord proprietary directs his brother Leonard, then go- vernor of the colony, to convene the assembly to consider his lordship's disas- sent to some laws which had been enacted by them, 42; the assembly meets at St. Mary's, 49; mode of representation and form of session, ib; proceedings of the assembly, 50 to 59; they reject the laws sent them by the lord proprie- tary, and elect to be governed by the laws of England for the time, until they could prepare suitable laws for themselves, 57; governor Calvert authorises the secretary of the province to hold an assembly, during his absence, against the inhabitants of Kent island, 63; the assembly meets in pursuance of the power so given, but adjourns until the governor can be present, ib; they again meet, but again adjourn, ib; they meet according to adjournment, and the governor presides, ¿b; their proceedings, 63 to 67 ; they pass an act of attain- der against captain William Clayborne, 64; they try Thomas Smith, one of Clayborne's men, and pass sentence of death upon him, 65; the lord proprie- tary concedes to the assembly the right of enacting laws for the government of the province, 94; his commission to that effect, 94, 95; the governor issues writs to convene the assembly, 96; form of the writs, 97; form of the returns to the writs, 99; writs of summons, issued to various individuals, call- ing them to take their seats in the assembly, 100; the assembly meets at St. Mary's, in pursuance of the call from the proprietary, 101; their proceedings and the bills passed by them, 101 to 160; the lord proprietary's letter conced- ing to the assembly the right of enacting laws for the government of the pro-
VOL. II .- 89
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vince, read to the assembly, 101; they pass an act for establishing the assem- [ bly 101; substance of the act, 102; see the act in note XXI., appendia; they frame rules for the government of the house, 104; the regulations relative to the passage of laws, ib; they exercise a compulsory power to force the at- tendance of the members, 105 ; they exercise judicial powers, ib; they fail to enact many laws which were submitted to them, but on the last day of the session pass an act to ordain certain laws for the government of the province, 106; general provisions of this act, 107 to 160; the constitution of the gene- ral assembly more particularly provided for, 151; provisions of the act pro- viding for the assembly, 152; assembly to be convened at least once in three years, ib; the assembly is again convened by the governor, 169 ; proceedings during the session, 172 to 176 ; rules agreed upon for their government, 173; further exercise of their judicial powers, 179; Thomas Adams, a member of the assembly, "censured" to ask forgiveness of the governor, on account of some indecent speeches made by him concerning the lord proprietary, 180 ; the assembly is again called about midsummer of the year 1641, 183 ; mate- rial change in the principle of representation, 184; they remain in session and pass but few acts, 185; session closed by prorogation until a future day, 189; the governor issues his proclamation for the assembly to meet in October 1641, ib; on account of the absence of the governor, the secretary prorogues the assembly until March, ib; the governor issues his proclamation, dated at Kent fort, calling the assembly in March, 190; he issues another proclamation for the same purpose, ib; tenor of the proclamation, ib; supposed causes of these proceedings, 191; the assembly meets on the day appointed, 194; their pro- ceedings, 194 to 204; they deny to the lord proprietary, or any other power, the right of proroguing or dissolving the house without its consent, 195; sup- posed causes of this proceeding, 196 ; they adjourn and appoint a day for their future meeting, 203 ; another session of the assembly held during the year 1642, 214 ; proceedings of the session, 215 to 228 ; decision of a question re- lating to the different kinds of representatives, 215; a motion made in the assembly, that it might be divided into an upper and lower house, which was negatived, 216 ; causes of the refusal to separate the assembly, ib; a motion to. march against the Indians is much opposed by the members of the house, 217; determination of the governor in relation to the motion, ib; a bill au- thorising a levy proposed, but not passed, 218; rules for the regulation of the' house, 219; various acts passed at this session, 220, 228 ;- see notes XLVII. XLVIII. XLIX. appendix ; an assembly called by Leonard Calvert, shortly after the receipt of his new commission as governor, 237; they meet, ib; pro- clamation issued by the governor to call the assembly, 251 ; another procla- mation, dismissing them before the appointed day of meeting, ib; another pro- clamation for a general assembly, ib; slight traces of an assembly having been held in 1644-5, 290 ; an act supposed to have been passed at that session for the defence of the province, ib ;- see act, note LV., appendix; an assembly called by governor Hill, which meets and adjourns, 296; convened by gover- nor Calvert, agreeably to adjournment, 297; the first distinction made be- tween an upper and a lower house, ib; proceedings of the assembly, 298; a meeting of the assembly called by governor Greene, 1647, 315; they meet,. 316; variation in the manner of forming the assembly, 317; their proceed- ings, 318 to 327; an act passed for settling the present assembly, 318; they provide for the payment of the soldiers employed by governor Calvert, 321; Mrs. Margaret Brent asks for two votes in the assembly, one for herself, and the other as the attorney of governor Calvert, which are denied, 323 ; her pro- test against all the acts of the present session, ib; the members protest against the acts of the assembly of 1646-7, ib; governor Greene enters his counter 1
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INDEX.
protest, 324; the lord proprietary sends out laws for the consideration of the assembly, 341; their tenor, 342; acts and proceedings of the assembly of 1693, 347 to 366; the assembly at this session is divided into a lower and upper house, 349 ; they pass an act concerning religion, 350; tenor of the act, 351 to 356 ;- see act, note LXXI., appendix; they grant to the lord proprieta- ry an impost on all tobacco exported to Holland, and provide for the payment of the demands of the soldiers, against the province, 362 ; declaration of the mem- bers of the assembly of 1650, explanatory of the act granting the impost, &c., 363 ; they order an assessment of the inhabitants of the province for the pur- pose of replacing his lordship's stock, which had been paid to the soldiers, 364 ; they make provisions for the defence of the colony, ib; a letter is sent by them to the lord proprietary, 366; he replies to the same, 367 ;- see letter and reply, note LXXII., appendix; governor Stone convenes the assembly, 380; his proclamation to that effect, ib; they frame and take an oath, 384 ;- see note ; they pass an act to settle the assembly, 385; tenor of this act, ib; the general proceedings of this session, 383 to 407 ; annual session of the assembly held in 1651, 412; the settlement at Providence refuse to send delegates, 413 ; an assembly is called by captain Fuller, 507 ; they meet at Patuxent, ib; the members chosen for St. Mary's county refuse to serve, 508; a new election is made, and those who refused to serve are taxed with the costs of the same, 509; they pass an act recognizing their own powers, 510; tenor of the act, 511; the laws passed by this assembly, 513, 514, 515 ; captain Fuller and his council convene the assembly, 549 ; proceedings of this assembly, 549 to 551; they appoint a committee to examine the accounts of all persons concerned in the sequestration of the estates ordered by captain Fuller and his council, 551.
Annapolis, first settlement of the Puritans at Providence, now Annapolis, 370; the Congregational or Independent Church, being broken up in Virginia, some of the members emigrate to Maryland and settle at Providence, among whom were Mr. Durand and Mr. Bennett, ib; they are urged to take the oath of fidelity to the lord proprietary, 371 ; no grants of land are made to them until the year after their arrival in the colony, 373; probable causes of this delay, ib; governor Stone collects his forces and marches against Annapolis, 520; he enters the harbour of Annapolis, 523 ; is met by captain Fuller with one hundred and twenty men, 525; a battle takes place between the two forces, 525; its results, 526.
Ann Arundel county, erected by an act of the assembly of 1650, 393; the In- dians prohibited from entering the county without giving notice, 394; the go- vernor visits and organizes the county, 407; Mr. Edward Lloyd appointed commander of the county, ib; his commission, 408; the commanders of Ann Arundel and Kent island authorised to grant land warrants, 409 ; the settlers in Ann Arundel refuse to send delegates to the assembly of 1651, 413 ; gover- nor Stone collects an armed force, and marches against the inhabitants of Ann Arundel, 521; he sends Dr. Luke Barber to them with a proclamation, 521; substance of the proclamation, ib.
Barber, Dr. Luke, is sent by governor Stone to the inhabitants of Ann Arundel with a proclamation, 521 ;- see his description of the events of these times, note LXXXV. appendix ; his high standing and influence with the lord protector, 528 ; he is detained a short time a prisoner at Annapolis, ib; governor Fendall goes to England, and Mr. Barber is appointed deputy governor during his absence, 546; on the arrival of governor Fendall from England, he surrenders up his office of deputy governor, 558.
Baltimore, baron of, Cecilius Calvert, having obtained his charter, prepares to carry into effect his father's plans, 23; the planters of Virginia petition the
Bar
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king against the charter obtained by, 24; their success, ib; supposed causes of their opposition, 25; sends out a colony under the charge of his brother Leonard Calvert, 26 ; issues orders to seize captain William Clayborne, unless he should submit to his government, 33; his instructions relative to grants of land, 36, 38 ; general principles of these instructions, 39; instructions in re- lation to settling the town of St. Mary's, 40 ; nature of the first form of go- vernment of the colony, 40, 41; ordinance sent by him to his brother Leon- ard, requiring him to call together the assembly, to take into consideration his lordship's disassent to some laws which had been enacted by them, 42; the assembly meets and refuses to pass the laws sent them by the lord proprieta- ry, 57; they enact laws for the government of the province, which the lord proprietary rejects, 67; captain William Clayborne petitions the king to re- dress his wrongs, 69 ; lord Baltimore is ordered by the king to permit Clay- borne to enjoy his possessions in the province, 72; the subject of dispute is referred by the king, to commissioners, who decide in favour of lord Balti- more, which decision is subsequently ratified by the king, ib ; the government of the province seize upon and confiscate all the goods of William Clayborne, 76; lord Baltimore assents to the right of the assembly to enact laws for the govern- ment of the province, 94; his commission to that effect, 94, 95 ; the governor issues his writs to convene the assembly, 96; the rights of the lord proprietary secured by an enactment made at one of the early sessions of the assembly, 112; enumeration of these rights, 113; the lord proprietary entitled to signify his disassent to any bills passed by the assembly of the province, ib; entitled to summon by his writ any individuals, at his pleasure, to a seat in the assem- bly, ib; the duration of commissions, in case of the lord proprietary's death, pro- vided for, 155 ; claims a right to the royal game of the province, 168 ; appears to have remained neutral during all the confusion between the Catholics and Pro- testants in England and Ireland, 192; causes of this neutrality, 192 ; a subsidy granted him by the assembly of 1642, of fifteen pounds of tobacco for every inha- bitant of the colony, 204; new conditions of plantation issued by lord Baltimore, 205 ; sends out a new commission to his brother Leonard Calvert, 233 ; tenor of the commission, 240; variance between the former and the present commission, 234, 235 ;- see Commission, note LI., appendix; orders and instructions sent out by him to governor Brent, 262 ; expresses his intention of visiting the colony in person, and suspends the granting of land, 263 ; restricts governor Brent from assenting to any laws, 263; new instructions sent to governor Brent by the lord proprietary, 267 ; tenor of these instructions, ib; orders the governor and council to look after his private farms, 269 ; supposed cause of this order, ib; sends out by his brother Leonard Calvert, on his return to the colony, new commissions for the governor, council, and secretary, 281 ;- see Commissions, note LIV., appendix ; warrant of attorney sent by him to his brother Leonard Calvert, relating to his private property in the colony, 295; his probable situation in England, ib; the administratrix of governor Calvert adjudged to be the attorney of the lord proprietary, 314 ; part supposed to have been taken by the lord proprietary in the affairs of England at this time, 331 ; he removes governor Greene, and appoints William Stone governor, 332; causes of the removal of governor Greene, and appointment of Governor Stone, 333; he appoints a Protestant governor, secretary, and council, 333 ; sends out a new seal and commission for the province, 338 ; appoints John Price muster-master general, 339 ; appoints Robert Vaughan commander of the isle of Kent, by a commission from himself, ib; an act passed at the assembly of 1649, making penal all seditious speeches tending to divert the obedience of the people from the lord proprietary, 357; punishments prescribed by this act, 358 ; his treat- ment of Mrs. Margaret Brent, 361; she is defended by the assembly, ib; the
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INDEX.
assembly grant him an impost of all tobacco shipped to Holland, 362; they provide for the payment of his soldiers, and order an assessment to replace his stock which had been used for that purpose, ib; new conditions of plantation, and of obtaining grants of land, 375; is authorised by the assembly to regrant all plantations which shall have been deserted for three years, 392 ; the assem- bly of 1650 pass an act of recognition of the lord proprietary's right and title to the province, 398; tenor of the act, 399; he appoints Edward Gibbons, a Puritan of New England, one of the council, 411 ; he authorises governor Stone to seize upon the person and effects of Edmond Scarborough, in case he attempts to fix a settlement at Palmer's island, under the authority given him by the governor of Virginia, 418; his directions for remedying the loss of the records of the province, ab; his endeavours to civilize the Indians, 421; he revokes the conditions of plantation granted by him, and ordains new ones, 422 ; he attempts to settle the boundaries between Virginia and Maryland, 423 ; proposes to the assembly to pass a law forbidding the spreading of false news, &c., in the colony, 426 ; the commissioners appointed by the council of state in England to reduce the colonies, go to Maryland, which they reduce to the authority of the parliament, 442; they declare all the commissions is- sued by the lord proprietary, null and void, and remove all the officers appoint- ed by him, 443; state of the province after the reduction, 444; the controver- sies between the lord proprietary and the commissioners referred by Oliver Cromwell to certain persons in England, who make a report thereon, 532; orders relating to the colonies issued by Cromwell, 533; the lord proprietary appoints captain Josias Fendall governor, 534 ;- see his commission, note LXXXVII., appendix; supposed motives for this appointment, 535; Fendall is arrested for certain rebellious proceedings, and brought before the provincial court, ib; proceedings of the court, 536 ; the lord proprietary sends out in- structions to Governor Fendall, 542; probable tenor of these instructions, ib; he makes grants of lands to those who had continued faithful to him during the late contests, 543; instructs the governor to provide for the widows of those who were slain in the late contests, ib; his instructions in relation to the boundaries of the province, 544; he sends his brother Philip Calvert to Mary- land, 545; sends instructions to the governor and council to make certain grants of land, ib; the divided state of the province, 548; he makes an agree- ment with the agents in England, of the commissioners for reducing the colo- nies, 553; tenor of the agreement, 553, 554, 555; he prepares instructions and a new seal for the province, 556 ; governor Fendall sets sail for the pro- vince, 558; his arrival there, ib; the government of the province formally restored to the lord proprietary, by captain Fuller and his council, 562.
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