The Lord Baltemores case concerning the province of Maryland, adjoyning to Virginia in America. With full and clear answers to all material objections, touching his rights, jurisdiction, and proceedings there. And certaine reasons of state, why the Parliament should not impeach the same. Unto which is also annexed, a true copy of a commission from the late King's eldest son, to Mr. William Davenant, to dispossess the Lord Baltemore of the said province, because of his adherence to this Common-wealth.
      
       
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             The Lord Baltemores case concerning the province of Maryland, adjoyning to Virginia in America. With full and clear answers to all material objections, touching his rights, jurisdiction, and proceedings there. And certaine reasons of state, why the Parliament should not impeach the same. Unto which is also annexed, a true copy of a commission from the late King's eldest son, to Mr. William Davenant, to dispossess the Lord Baltemore of the said province, because of his adherence to this Common-wealth.
             Baltimore, Cecil Calvert, Baron, ca. 1605-1675.
          
           [2], 20 p.
           
             [s.n.],
             London :
             printed in the yeare, 1653.
          
           
             A contribution to the controversy between Lord Baltimore and the Puritan element among his colonists.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Baltimore, Cecil Calvert, -- Baron, ca. 1605-1675 -- Early works to 1800.
           Maryland -- History -- Colonial period, ca. 1600-1775 -- Early works to 1800.
           Maryland -- Politics and government -- Colonial period, ca. 1600-1775 -- Early works to 1800.
        
      
    
       A49161  R217733  (Wing L3040).  civilwar no The Lord Baltemore's case, concerning the province of Maryland, adjoyning to Virginia in America. With full and clear answers to all materia [no entry] 1653    5789 7 0 0 0 0 0 12 C  The  rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
        2006-03 TCP
        Assigned for keying and markup
      
        2006-03 Apex CoVantage
        Keyed and coded from ProQuest page images
      
        2006-05 Judith Siefring
        Sampled and proofread
      
        2006-05 Judith Siefring
        Text and markup reviewed and edited
      
        2006-09 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
         
           THE
           LORD
           BALTEMORE'S
           CASE
           ,
           Concerning
           the
           Province
           of
           
             Maryland
             ,
          
           adjoyning
           to
           
             Virginia
          
           in
           
             AMERICA
             .
          
           With
           full
           and
           clear
           Answers
           to
           all
           material
           Objections
           ,
           touching
           his
           Rights
           ,
           Jurisdiction
           ,
           and
           Proceedings
           there
           .
           And
           certaine
           Reasons
           of
           State
           ,
           why
           the
           Parliament
           should
           not
           impeach
           the
           same
           .
           Unto
           which
           is
           also
           annexed
           ,
           a
           true
           Copy
           of
           a
           Commission
           from
           the
           late
           King's
           Eldest
           Son
           ,
           to
           Mr.
           
             William
             Davenant
             ,
          
           to
           dispossess
           the
           Lord
           
             Baltemore
          
           of
           the
           said
           Province
           ,
           because
           of
           his
           adherence
           to
           this
           Common-Wealth
           .
        
         
           
             LONDON
             ,
          
           Printed
           in
           the
           Yeare
           ,
           1653.
           
        
         
         
      
    
     
       
       
       
         
           THE
           LORD
           
             BALTEMORE'S
          
           CASE
           ,
           Concerning
           the
           Province
           of
           
             Maryland
          
           joyning
           to
           
             Virginia
          
           in
           
             America
             ,
          
           &c.
           
        
         
           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
             ,
          
           
           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
           .
        
         
         
           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
           eye-witnesses
           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
           
           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
           
           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
           
           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
           .
           
           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
           present
           ,
           decided
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           
           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
           .
        
      
       
       
         
           Reasons
           of
           State
           ,
           concerning
           
             Maryland
          
           in
           
             America
             .
          
        
         
           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
           ,
           
           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
           
           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
           .
        
      
       
       
         
           A
           true
           Copy
           of
           a
           Commission
           ,
           from
           the
           late
           Kings
           eldest
           Sonne
           ,
           to
           Mr.
           
             VVilliam
             Davenant
             ,
          
           concerning
           
             Maryland
             ,
          
           the
           Originall
           whereof
           remains
           with
           the
           Councel
           of
           State
           .
        
         
           
             CHARLES
             R.
             
          
        
         
           
             
               CHARLES
               ,
            
             by
             the
             Grace
             of
             God
             ,
             King
             of
             
               England
               ,
               Scotland
               ,
               France
               ,
            
             and
             
               Ireland
               ,
            
             Defender
             of
             the
             Faith
             ,
             &c.
             
          
           
             To
             Our
             Trusty
             and
             Well-beloved
             Sir
             
               William
               Davenant
               ,
            
             Knight
             ,
             and
             to
             all
             others
             ,
             to
             whom
             these
             presents
             shall
             come
             ,
             greeting
             :
          
        
         
           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
           
           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
           ;
           
             *
          
           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
           
           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
               .
            
          
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A49161e-2000
           
             *
             This
             clause
             includes
             Soyle
             and
             all
             .