IN 1632. the Lord Baltemore had a Patent granted to him and his heirs, of the said Province of Maryland, with divers privi­ledges and jurisdictions for the Government thereof, the better to incourage him to settle a Co­lony of English there, whereby to prevent the Dutch and Swedes from incroaching any nearer to Virginia, Maryland being between Virgi­nia, and the Dutch and Swedes Plantation on that Continent, and New-England beyond them, to the Northward.

The Lord Baltemore hereupon in 1633. sent two of his own brothers with above 200 people to begin and seat a Plantation there; wherein, and in the prosecu­tion of the said Plantation, ever since, hee and his friends have disbursed above 40000 l. whereof 20000 l. at least, was out of his own purse, and his said two brothers died there in the prosecution thereof.

In Septem. 1651. when the Councell of State sent Commissioners from hence, to wit, Captaine Dennis, [Page 2] Captain Steg, and Captain Curtes, to reduce Virginia to the obedience of the Parliament, Maryland was at first inserted in their Instructions to be reduced as wel as Virginia, but the Councel being afterwards satisfi­ed that that Plantation was never in opposition to the Parliament, that Captain Stone, the Lord Baltemore's Deputy there, was generally knowne to have been always zealously affected to the Parliament, and that divers of the Parliaments friends were, by the Lord Baltemore's speciall direction, received into Maryland, and well treated there, when they were fain [...] [...]ve Virginia for their good affection to the Parliament; then the Councell thought it not fit at all to disturb that Plantation, and therefore caused Maryland to be struck out of the said Instructions, which was twice done, it being by some mistake or other put in a se­cond time.

In this expedition to Virginia, Captain Dennis and Captain Stegg, the two chiefe Commissioners, were cast away, outward bound in the Admirall of that Fleet, which was sent from hence upon that service, and with them the Originall Commission for that service was lost.

But Cap. Curtes having a copy of the said Commis­sion and Instructions with him in another ship, arrived safe in Virginia, and there being also nominated in the said Commission two other persons resident in Virginia, to wit, Cap. Bennet, and Cap. Cleyborn (known and declared enemies of the L. Baltemore's) they, toge­ther with Cap. Curtes, proceeded to the reducement of Virginia, which was effected accordingly upon Arti­cles, among which one was; That the Virginians should injoy the antient bounds and limits of Virgi­nia, and that they should seek a Charter from the Parliament to that purpose.

[Page 3] In the reducement of Virginia, Captain Stone (the L. Baltemore's Deputy of Maryland) sent to the Com­missioners at the first arrival of the Fleet in Virginia, to offer them all the assistance he could, and did a­ctually assist them therein, with provision of victuall, and other necessaries, as will be testified (if need be) by Mr. Edward Gibbons Major-Generall of New-Eng­land, and divers others who were then there, and eye­witnesses of it, and are now here.

Notwithstanding which, the said Commissioners, after Virginia was reduced, went to Maryland, and upon pretence of a certaine clause (which it seems was by some meanes or other, put into their Instru­ctions, after Maryland was struck out as aforesaid) to wit, that they should reduce all the Plantations▪ in the Bay of Cheseapeack to the obedience of the Parliament, and some part of Maryland, where the L. Baltemore's chief Colony there is seated, being with­in that Bay, as well as most of the Plantations of Vir­ginia are; they required Captaine Stone, and the rest of the Lord Baltemore's Officers there, first to take the Ingagement, which they all readily subscribed, and declared, that they did in all humility submit themselves to the Government of the Commonwealth of England in chief under God; then the Commissi­oners required them to issue out Writs and Processe out of the L. Baltemore's Courts there in the name of the Keepers of the Liberty of England, and not in the name of the Lord Proprietary, as they were wont to doe, wherein they desired to be excused; be­cause they did not conceive the Parliament intended to devest the Lord Baltemore of his right there, and that they understood out of England that the Coun­cell of State intended not that any alteration should [Page 4] be made in Maryland. That the Kings name was ne­ver used heertofore in the sayd Writs, but that they had alwayes been in the name of the Lord Proprie­tary, according to the Priviledges of his Patent, ever since the beginning of that Plantation; that the late Act in England for changing of the forms of Writts declared only, that in such Writs and Process wher­in the Kings name was formerly used, the Keepers of the Liberty of England, should for the future be put in stead therof: that the continuing of the Writs in the Lord Proprietaries name, was essential [...] his In­terest there, and that therefore they could not with­out breach of trust, concur to any such alteration; wherupon the Commissioners demanded of Captain Stone the Lord Baltemore's Commission to him, which he delivered, and then without any other cause at all, they removed the sayd Captain Stone, and the Lord Baltemore's other Officers out of their Imploy­ment there under him, and appointed others to ma­nage the government of that Plantation, till the plea­sure of the Councell of State and Parliament should be further known therin; seized upon all the Re­cords of the Place, and sent divers of them hither in­to England, all which they did without any opposi­tion at all from Cap. Stone, or any other of the Lord Baltemore's Officers, in regard of their respect and re­verence to the Commissioners of the Parliament.

The Colony of Virginia, not long after, sent one Colonell Mathews hither into England to get their Articles confirmed by the Parliament, which were read in the House on the 31. August 1652. Upon the reading wherof a Petition of the Lord Baltimores, and of about twenty more considerable Protestant Ad­venturers and Planters to and in Maryland, who are [Page 5] known by divers Members of the House to have been well affected alwayes to the Parliament, and who signed the said Petition, was also read; whereby it was humbly desired that before the House passe [...] that Article concerning the old limits of Virginia, the said Petitioners might be heard by their Coun­cell, in regard Maryland was long since esteemed part of Virginia, and therefore they were concerned in that Article; and they further humbly desired in the sayd Petition, that the Lord Baltemore's Officers might be restored to their places in Maryland under him, & that the Petitioners might quietly enjoy the Priviledges of the sayd Patent of Maryland, upon con­fidence whereof, they had Adventured so much of their fortunes thither as aforesayd.

Whereupon divers Parchments under the Lord Baltemore's hand and seale, which were sent out of Maryland, by the sayd Capt. Bennet, and Capt. Cley­born, were at that time produced to the House by a Member therof, who it seems conceived that there would appear something in them, wherby the Lord Baltemore had forfeited his said Patent, or at least that his Authority in Maryland was not fit to be al­lowed of by the Parliament.

The House on the 31. August 1652. referred the sayd Article concerning the old Limits of Virginia, to the Committee of the Navy to consider what Pa­tent was fit to be granted to the Inhabitants of Vir­ginia, and to hear all Parties, and consider of their particular Claims, and report the same, with their Opinions to the Parliament, and the sayd Parchments delivered in concerning Maryland, were also referred to the same Committee.

The Lord Baltemore accordingly made his claim be­fore [Page 6] the said Committee, unto whom he delivered a true Copy of his said Patent, and desired therefore that the Patent which the Virginians were Suitors for, might not extend to any part of Maryland, it be­ing made appear to the said Cōmittee, that that Pro­vince had not been for these 20 years last past accoun­ted any part of Virginia, and that the Virginians had neither possession of any part thereof, at the time of the making of the said Articles, nor for 20 years be­fore, nor that the present Inhabitants of Virginia had ever at all any right unto it.

Then, upon the suggestion of a Member of that Committee, certain Exceptions against the Lord Baltimores Patent, and his Proceedings thereupon in Maryland, were shortly after presented in writing to the said Committee, unto which the Lord Baltemore put in his Answer also in writing, which was read, and the Committee upon debate thereof (it seems) thought not fit to deliver any Opinion in the business, but Ordered, that the whole matter of fact should be stated by a Sub-Committee, and reported first to the said Grand Committee, and afterwards to the House.

The Exceptions aforesaid were many, but the sub­stance of them are reduceable to these heads follow­ing, which are set down by way of Objections, with Answers to them.

1. Object. A pretended injury done to the Virginians by the said Patent, in regard Maryland was heretofore part of Virginia.

Answ. The present Inhabitants of Virginia had never any right to Maryland, no more then to New-England, which was part of that Country heretofore called Vir­ginia, aswell as Maryland, but distinguished and sepe­rated afterwards from it by a Patent as Maryland was. [Page 7] There was indeed a Patent heretofore granted by King James in the 7. yeare of his reign of a great part of that northern Continent of America, which was then called Virginia, to divers Lords and Gentlemen here in England, who were by that Patent erected in­to a Corporation, by the name of the Virginia Com­pany, in which tract of land granted to the said Com­pany, that Country which is now called Maryland, was included, but that Patent was Legally evicted by a Quoranto in the then Kings Bench, in 21. year of the sayd King James, 8. or 9. years before the Patent of Maryland was granted to the L. Baltemore; which Company or Corporation the Inhabitants of Virgi­nia desire not now to revive, by vertue of their Arti­cles abovementioned, but abhor the memory of it, in regard of the great oppression and slavery they lived in under it, when it was on foot, so as they never having had any Patent, right, or possession of the sayd Province of Maryland, there could be no injury done to them by the Lord Baltemore's sayd Patent, after the eviction of the sayd Virginia Companies Patent thereof. For it was as free in the late Kings power to grant any part of that Continent not possessed before by any Legall grant then in force from the Crown of England (which Maryland was not, at the time of the Lord Baltemore's Patent thereof) as it was for King James to grant the aforesaid Country to the said Vir­ginia Company.

2. Object. A pretended wrong done by the Lord Bal­temore to the above mentioned Capt. Cleyborn, in dis­possessing him of an Island in the sayd Province, cal­led the Isle of Kent.

2. Answer. It was a business above 14. years since, upon a full hearing of both parties, then prefent, de­cided [Page 8] by the then Lords Commissioners for Forraign Plantations, against the sayd Capr. Cleyborn and his Partners, Mr. Maurice Thomson and others, and the sayd Capt. Cleyborn hath himselfe also by divers Let­ters of his to the Lord Baltemore, acknowledged the great wrong he did him therin; which Letters were proved at the Committee of the Navy, and are now remayning with that Committee: wherefore the Lord Baltemore humbly conceives, that against the sayd Capt. Cleyborns owne acknowledgement, and a Determination so long since of that business, and a­bove 14 years quiet possession in the Lord Baltemore of the said Island, the Parliament will not think fit upon a private Controversie of meum and tuum, be­tween him and the said Cleyborne, to impeach his Pa­tent of the said Province, or his right to the said I­sland, but leave both parties to their legall remedy.

3. Object. That the said Patent constitutes an he­reditary Monarchy in Maryland, which is supposed, by some, to be inconsistent with this Cōmon-wealth.

3. Answ. The Jurisdiction & stile which the Lord Baltemore useth in Maryland, is no other then what is warranted by his Patent (as may appeare by his an­swer at the Commitee of the Navy to the Excepti­ons above mentioned, and by perusall of the said Pa­tent) and that is onely in the nature of a County Pa­latine, subordinate, and dependent on the Supreame Authority of England; for by the Patent, the sove­raign Dominion, Allegiance, the fift part of all Gold & Silver Oare, which shall happen to be found there, and severall other Duties are reserved to the late King, his Heires, and Successors, who are now the Parliament of this Common-wealth: and although it be true, that a Monarchicall Government here [Page 9] which should have any power over this Common-wealth, would not be consistent with it, yet certainly any Monarchical Government in forraign parts which is subordinate to, & dependent on, this Cōmonwealth, may be consistent with it, aswell as divers Kings un­der that famous Common-wealth of the Romans heretofore were, insomuch as they thought it con­venient and fit to constitute divers Kings under them. All Lords of Mannors or Liberties here in England may, in some kinde, be aswell accounted Monarches within their severall Mannors and Liberties as the Lord Baltemore in Maryland; for Writs issue, at this day, in their names out of their Courts within their respective Mannors and Liberties, and not in the name of the Keepers of the Libertie of Eng­land; Oathes of Fealty are taken to them by their Tenants, and they have great Royalties and Jurisdi­ctions, some more then others, and some as great in proportion, within their said Mannors and Liberties, as the Lord Baltemore hath in Maryland, ex­cept the power of making Lawes touching life and Estate, power of pardoning, and some few others of lesser concernment, which although they may not be convenient for any one man to have in England, yet are they necessary for any (whether one man or a Company) that undertakes a Plantation, in so remote and wild a place as Mariland, to have them there; especially with such limitations as are in the Lord Baltemore's Patent; to wit, that the Laws be made with the consent of the Freemen of the said Province, or the major part of them, or their Deputies, and that they be consonant to reason, and be not repugnant or contrary, but, as neare as conveniently may bee, agreeable to the Laws of England; which limitati­ons [Page 10] the Lord Baltemore hath not exceeded, as may appeare by his Answer to the Committee of the Na­vy to the Exceptions above mentioned: and although it be not fit that any one Person should have a nega­tive Voyce here in the making of Lawes, yet cer­tainly, as no Company, so no single man, that is well in his wits, will be so indiscreet, as to undertake a Plantation at so vast an expence as the Lord Baltemore hath, if after all his charge, pains, and hazards, which are infinite in such a businesse, such necessitous facti­ous people as usually new Plantations consist of, for the most part, and went thither at his charge, or by contract or agreement with him, should have power to make Lawes to dispose of him, and all his estate there, without his consent, and he be left without re­medy: for before the Supream Authority here, upon any appeale to it, will probably be at leisure from business of greater consequence, or perhaps have con­venient means to relieve him, he may be ruined and destroyed: such chargeable and hazardous things as Plantations are, will not be undertaken by any, whe­ther it be a Company or a single man, without as great incouragements of priviledges as are in the Lo. Baltemore's Patent of Maryland; and if it be not any prejudice, as certainly it is not, but advantagious to the interest and honor of this Common-wealth, that an English man (although a Recusant, for the Lord Baltemore knows of no Lawes here against Recusants which reach into America) should possess some part of that great Continent of America with the privi­ledges and jurisdictions aforesaid dependent on, and subordinate to it, then the Indian Kings or Forreigners (as the Dutch & Swedes afore mentioned) who have no dependency on it, as certainly it is, then he hopes [Page 11] the Parliament will not thinke it inconsistent with this Cōmon-wealth, but just that he should injoy the Rights and Priviledges of his Patent, upon confidence whereof, he and his friends have adventured the grea­test part of their fortunes for the honour of this Na­tion, aswell as their own particular advantage; espe­cially seeing no other person hath any wrong done him therein, for none are compelled to go to Mary­land, or to stay there, but know beforehand upon what termes they are to be in that place; and the English Inhabitants of that Province are so well pleased with the Government constituted there by the said Patent, as that, by generall consent of the Protestants, aswell as Roman Catholiques, it is established by a Law there, aswell as freedome of Conscience and exercise of Religion within that Province is, to all that pro­fess to believe in Jesus Christ, as appears by the Laws of that Province now in the hands of the said Com­mittee of the Navy, which makes it evident that a Petition lately read at that Committee, with ten unknown hands to it, in the name of the Inhabitants of Maryland, against the Lord Baltemore's sayd Pa­tent, is eyther wholly fictitious, or else signed by some few obscure factious fellows, which is easie to bee procured by any ill affected person, against any Government whatsoever.

4. Object. That the Lord Baltemore gave his assent to certaine Lawes for Maryland in 1650. in one of which Lawes the late King Charles is stiled the late high and mighty Prince Charles the first of that name K. of England, &c. And in another of the said Lawes it is Enacted, That the L. Baltemore shall have 10s. a hogs-head for all Tobacco's ship't from Maryland in any Dutch Vessell, & bound for any other Port then [Page 12] his Majesties, whereby some would infer, that hee did acknowledge a Charles the second to be King, &c. for that the word first, in one Law inferred a second, and by the word Majesty, in the other Law, the Lord Baltemore must mean the late Kings eldest son, for the late King Charles was dead, when the Lord Baltemore assented to that Law, to wit, in August 1650.

4 Answ. To this is answered, that although those Lawes were assented unto by the Lord Baltemore in August 1650. yet it appears by his said Declaration of assent, that some of them were enacted in Mary­land by the Assembly there, in April 1649. whereof that Law was one, wherein those words, to wit, any other Ports then his Majesties, are inserted (as was proved to the said Committee of the Navy) at which time, the people in Maryland could not know of the late Kings death, which was but in January then next before; for in February, March, and April, ships usual­ly return from those parts, and in September, October, and November, goe thither; so as the Assembly in Maryland could mean no body by that word Maje­sty, but the late King, and the L. Baltemore could have no other meaning but what the Assembly had, for he did but assent to what they had done, and was be­fore enacted, as aforesaid: as to the other law, where­in those other words are inserted, to wit, the late high and mighty Prince Charles, the first of that name, &c. it was one of those Laws which were pas­sed by the Assembly in Maryland, in April 1650. when the people there knew of the late Kings death; to wit, a year after the other law above-mentioned, with divers others, which were enacted in April, 1649. as aforesaid, though in the ingrossement of them all here, (when the Lord Baltemore gave his assent to [Page 13] them altogether in August, 1650.) it is written be­fore it, because they were transposed here in such or­der, as the Lord Baltemore thought fit, according to the nature, and more or lesse importance of them, placing the Act concerning Religion first, &c. And as to those words, the first of that name, &c. the word first, doth not necessarily imply a second, as some in­fer upon it, no more then when the first born of thy sonnes were commanded to be given to God, did im­ply a second, which was performed, though there were never a second; the word first, hath relation to the time past, and not to the time to come; King James is stiled in History, James the first of that name, King, &c. though there were never a second of that name King of England, &c. and it is usually written and said, that a King died in the first yeer of his Raign, when he lived not to enter into a second, the like whereof may be made out by many other instances; and as the L. Baltemore is confident the Assembly in Maryland had no intention by those words, Charles the first, &c. to infer a second King of that name, no more had he, in his assent to that Law, any such thought or meaning; and the comportment of him and his Officers in Maryland above-mentioned, towards the Parliament, and their friends, doth suf­ficiently confirme it.

Among other priviledges granted to the L. Balte­mor e, and the Inhabitants of Maryland, by his said Pa­tent, one is, (by an expresse clause therein inserted) that the said Province should not from thence for­ward be, or be reputed any part of Virginia, or bee dependent or subject to their Government in any thing, (although the Government of Virginia was then immediately in the Kings hands) but was, by the [Page 14] said Patent, (in express words) seperated from it, and so it hath been ever since, which was one of the chief­est incouragements, upon confidence whereof, the L. Baltemore, and others, adventured so great a part of their estates thither as aforesaid; for it was the pri­viledges and immunities, and not the land only, gran­ted by the said Patent, which did chiefly induce the Lord Baltemore to make so great an Adventure, with­out which he would not certainly, upon the conditi­ons of a common Planter, have disbursed any thing upon a Plantation in America: Wherefore he hopes the Parliament will not think it just, or fit, to deprive him, and the Inhabitants of Maryland of so impor­tant a priviledge, (which is their inheritance, and dearly purchased by them) by putting them now under the Government of Virginia, upon colour of a­ny Articles agreed on, when the Virginians were de­clared enemies of this Commonwealth, and the ra­ther, because even in point of policy also, (as is hum­bly conceived) for certain Reasons of State heerunto annexed, it will be more advantageous to the honour and interest of this Commonwealth, to keep those two Governments still divided, and to preserve and protect the Lord Baltemore's rights and priviledges a­foresaid in Maryland, then to destroy either of them.

1. FIrst, It is much better to keep that Govern­ment still divided from Virginia (as it hath beene for these twenty yeares last past,) then to unite them; for, by that meanes, this Com­mon-wealth will have the more power over both, by making one an Instrument (as occasion shall re­quire) to keep the other in its due obedience to this Common-wealth.

2. Secondly, in case any defection should happen in either Colony (as lately was in Virginia) the other may be a place of refuge for such as shall continue faithfull to this Common-wealth, as Maryland lately was, upon that occasion, which it could not have beene, in case the Government of that place had been, at that time, united unto, or had had any dependence on Virginia.

3. Thirdly, it will cause an emulation in both, which of them shall give the better account of their proceedings to the Supreme Authority of this Com­mon-wealth, [Page 16] on which they both depend, and also which of them shall give better satisfaction to the Planters and Adventurers of both.

4. Fourthly, the Lord Baltemore having an estate, and his residence in England, this Commonwealth will have a better assurance of the due obedience of that Plantation, and the Planters and Adventurers thither, of having right done unto them, in case the Government thereof have still a dependence on him, and he upon this Commonwealth, (as he had before on the late King) then if the Government of that place at so remote a distance, should be disposed of into o­ther hands who had little or nothing here to be re­sponsible for it, and whose interest and residence were wholly there.

5. Fifthly, by the continuance of his Interest in the Government thereof, this Commonwealth and the people there, are eased of the charge of a Deputy Governour; which he, at his own charges, maintains, the Inhabitants there being yet so poor, (and so like to be for many years) as they are not able to contri­bute any thing towards it.

6. Sixthly, if the L. Baltemore should, by this Com­monwealth, be prejudiced in any of the rights or pri­viledges of his Patent of that Province, it would be a great discouragement to others in forraign Plantati­ons▪ upon any exigency, to adhere to the interest of this Commonwealth, because it is notoriously known, that, by his expresse direction, his Officers and the [Page 17] people there, did adhere to the interest of this Com­monwealth, when all other English Plantations (ex­cept New-England) declared against the Parliament, and at that time received their friends in time of di­stresse, for which he was like divers times to be de­prived of his Interest there, by the Colony of Virgi­nia, and others, who had Commission from the late Kings eldest Sonne for that purpose, as appears by a Commission granted by him to Sir William Davenant, the Original whereof remaines with the Councell of State, and a true Copy thereof is hereunto annexed.

whereas the Lord Baltemore, Proprietary of the Province and Plan­tations of Maryland in America, doth visibly adhere to the Rebells of England, and admit all kinde of Schis­maticks, and Sectaries, and other ill-affected persons, into the said Plantations of Maryland, so that we have cause to apprehend very great prejudice to Our Ser­vice thereby, and very great danger to Our Plantations in Virginia, who have carried themselves with so much Loyalty and Fidelity, to the King Our Father, of [Page 19] blessed memory, and to Us; Know yee therefore, That Wee, reposing speciall trust and confidence in the cou­rage, conduct, loyalty, and good affection to Us, of you Sir William Davenant, and for prevention of the dan­ger and inconveniences above-mentioned, doe by these presents, nominate, constitute, and appoint you Our Lievtenant Governour of the said Province, or Plantations of Maryland, with all Forts, Castles, Plantations, Ports, and other Strengths thereunto belonging; to have, hold, exercise, and enjoy the said place and command of Our Lievtenant Governour of Maryland, during Our pleasure, with all Rights, Priveledges, Profits, and Allowances any wayes appertaining, or belonging to the same: And although Wee intend not hereby to pre­judice the right of the Proprietary in the Soyle, but have, for Our Security, thought fit to intrust you, du­ring these troubles; This clause in­cludes Soyle and all. Wee notwithstanding give you full Power and Authority to doe all things in the said Plantations, which shall bee necessary for Our Service, and for securing them in their Loyalty, and Obedience to Us, and prevention of all dangers that may arise from thence to Our Loyall Plantations of Virginia: Further, requiring and commanding you to hold due correspondence with Our Trusty and Well-beloved Sir▪ William Berkley, Knight, Our Governour of the said Plantations of Virginia, and to comply with him in all things necessary for Our Service, and the mu­tuall good of both Plantations, requiring and comman­ding hereby all Officers, and Ministers, and all other Our Subjects whatsoever of the said plantations of Ma­ryland, to admit and seceive you Our said Lievtenant Governour, according to this Our Commission, and to [Page 20] obey and pursue your Order in all things, according to the Authority Wee have given you; and likewise re­quiring and commanding Our Governour and Counsell of Virginia, and likewise all other Our▪loving Sub­jects of Virginia, to bee aiding and assisting to you, not onely to the settling and establishing of your Au­thority, as Our Lievtenant Governour of Maryland, but also in all such helps and assistances, as may be ne­cessary for your preservation there, and for the mutuall good of both Plantations, as aforesaid.

Given at Our Court in Jersey, the 16/ [...] day of February, 1650/49 in the second Yeare of Our Reigne.