that you can by no other wayes or means reduce them to their due obedience, you or any two or more of you whereof capt. Rob. Dennis to be one have power to appoint captains, and other Officers, and to raise forces within every of the plantations aforesaid, for the furtherance and good of the service, and such persons as shall come in unto you and serve as soldiers, if their masters shal stand in opposition to the present Government of this Commonwealth, you or any two or more of you whereof capt. Rob. Dennis to be one, have hereby power to discharge, and set free from their masters all such persons so serving as souldiers.

You shall cause and see all the several Acts of parlament against Kingship, and the house of Lords to be received and published; as also the Acts for abolishing the Book of common prayer, and for subscribing the ingagement, and all of their Acts therewith delivered to you.

You or any two or more of you have ful power to administer an Oath to all the Inhabitants and planters there, to be true and faithful to the commonwealth of England as it is now established without a King or house of Lords: You or any two or more of you, whereof cap. Robert Dennis to be one, have power to give liberty to the inhabitants, and planters who shall have taken the engagement formerly mentioned to choose such Burgesses as they shall think fit, and send to the place you shal appoint for the better Regulating and governing affairs there; provided that nothing be acted contrary to the Government of the commonwealth of England, and the Laws established.

You shall cause all Writs, Warrants, and other processe whatsoever to be issued forth as occasion shall require, in the name of the Keepers of the Liberty of England, by authority of Parliament.

In case of Mortality, or absence of Cap. Rob. Dennis, you or any two, or more of you have power to put in execution these instructions. In case of Mortality or absence of Cap. Rob: Dennis, Edmund Curtis commander of the Guinny Frigot is hereby impowered to act as Commissioner with you, or any two or more of you, and he is also in the absence of Capt. Robert Dennis to take the charge of the Fleet so far as concerns the shipping, according to the power given to Cap. Rob: Dennis. And lastly as we doubt not but you will use your best dilligence, and care in carrying on of this affair of consequence with which you are intrusted, and that by your good endeavours it will have a good issue, so the Counsel wil take the same into consideration that respect may be had of your pains, and travel therein, and of a recompence agreeable to your service, when the same shall be

finished.

compleated, and work upon which you are imployed shall be Signed in the name and by order of the Councel of State appointed by authority of Parlam. John Bradshaw President.

Whitehal 26

Sept: 1651.

I

Jo: Thurloe Cler: of the Counsel.

Committee Navy 31 December: 1652.

N pursuance of an order of Parlament of the 31 Aug. 1652. whereby the 4. and part of the 7. and 8 Articles agreed on at James City for the surrendring, and setling of plantation of Virginia, with certain parchments concerning Mariland, and the petition of the Inhabitants of Virginia, are referred unto this Committee to consider what patent is fit to be granted to the said Inhabitants of Virginia, and to hear all parties, and to consider of their particular claims, and to report the same unto the Parlament. This Committee upon examination of the matter of fact, and upon hearing both parties, and their Counsel, do find, and humbly certifie.

That by a Patent dated the 23 day of May, in the 7th year of King James, there was granted to divers Adventurers and Planters by the name of the Virginia Company, all those Lands, Countries, and Territories scituate in that part of America, called Virginia, from Cape, or point comfort all along the sea coast to the Northward two hundred mile; and from the said Cape, or point confort all along the sea-coast to the Southward 200 miles; all that space of Land lying from the sea-coast of the precinct aforesaid up into the Lands throughout from sea to sea, West and Northwest, and all the Islands lying within 100 miles along the coast of both seas of the precincts aforesaid, with the soyls &c. thereunto belonging to hold to them and their heirs forever under the several reservations therein mentioned.

That the said patent was afterwards by a Quo warranto in the 21 of the said King repealed, and made void.

That in the 8th year of the late King, upon the humble. petition of the Ld. Baltemore, that he might have and enjoy a collony or parcel of ground in America then uncultivated, and not inhabited by any save the Indians there was by patent dated 20 June 8 Car. granted to the said Lord Baltemore all that parcel of Land lying in the part of America, from the sea on the East to the Bay of Chessaphia on the West, extending from Watkins point to Delawar Bay, and from Delawar Bay to

See Note, page 46.

"Potowmeek River, and so along to Watkins point, together with the Islands thereunto belonging, and by the said patent called the Province of Mariland. To hold the same, in as ample manner as any Bishop of Durham, within the Bishoprick or County palatine of Durham in England, heretofore ever held or injoyed, and to hold the same in free and common soccadg. as of the Castle of Windsor, Reserving to the King, his Heirs, and successors faith, allegiance and dominion, and two indian arrows yearly with the fifth part of all gold and silver Oar found in and upon the said province, and also liberty for any the people of England, or Ireland to fish as well in those seas, as in any ports, or Creeks of the said province, and to salt and cure their fish there. That in and by the said patent, power is granted to the Lord Baltemore, and his heirs to make Laws by and with the Counsell assent, and approbation of the Freemen of the said Province, or the Major part of them, that shal concern life, or Member as often as his Lordship shal think fit, &c. so as such Laws be consonant to reason, and not repugnant, nor contrary, but as neer as possible may be agreeable to the Laws of this Nation.

That by the said Patent the said Province is separated from Virginia, but by express provisoe declared to be subject, and depending upon the Crown of England. And in case any doubts arise about any claim in the said patent, the same were to be decided by the Courts of England.

It also appears by examinations taken by this Committee that Kentish Island was before the date of the said Patent part of Virginia, and planted, and inhabited by Cap. Claiborn three years before the arrival of the Lord Baltemores Agents in Maryland, and that Burgesses sat in the Assembly at James Town in Virginia for the said, Island. And that the Virginians had the sole possession of the Bay of Chesopiack, and a free Trade wi h the Indians.

That in the yeer 1633. upon the arrival of the Lord Baltemores Agents in Maryland, the Virginians were prohibited from trading with the Indians, in any part of Maryland, which for merly they had accustomed, whereupon severall differences arose between capt. Claiborns men, and the L. B. planters, and capt. Clayborn continuing his trade, a Vessell called the Longtail was seised upon by the Marilanders, and one Lieutenant Warren (with some others whom he sent to rescue the said Vessell) were killed by the Marilander in that attempt in Potomoke River. That the goods of Mr. Harman, and others were all seised by the Lord Baltemores Agents, and at length after three

yeares suffering, Captaine Claiborn was forsibly disseisd, and dispossest of his plantation in Kentish Island; and forced for safety of his life to fly into England, and ever since that L: B. hath had possession of the said Island, not suffering any of the Virginians to trade in the said Bay without ceisure, and confiscation of their Goods.

It likewise appears unto this Committee upon perusal of the several parchments mentioned in the Order of Parlament, that the LB. hath constituted forms of Oaths, and injoyned the taking thereof by all persons as wel Officers, as others within the said province, and that not to the King, but to himself, and that he hath issued out Writs in his own name, all his Commissions and processe running in this stile (viz.) we, us, and given under our hand, and greater seal of arms in such a yeer of our Dominions over the said Province. That he hath likewise appointed an upper and lower house of Assembly and also a privie counsel of State, which is not mentioned in the said patent. And we further find that several of the Laws made by the said Lord Baltemore are not agreeable to the Laws, Statutes, and customes of England, as for instance.

That the Lands sold by the said Lord Baltemore are directed to be purchased and held of him, and his Heirs only in soccadg as of the Mannor: &c.

That the Oaths hereafter mentioned must be taken by all that shal bear Office, or shall inhabite, or come into the said province upon pain ofe being banished, and if they return, and refuse, to be subject to such Fine as his Lordship shall think fit.

The Oath of the Lieutenant or chief Governor of the Province of Maryland.

I

A. B. doe Sweare I will be true and faithfull to the Right Honourable Cecilius, Lord Baron of Baltemore, the true and absolute Lord and Proprietary of this Province of Maryland, and his Heires, and him and them, and his and their Rights, Royall Jurisdictions and Seigniory, all and every of them into or over the said Province and Islands thereunto belonging. Will at all times Defend and Maintaine to the utmost of my power; and will never accept of, nor execute any Place, Office,

or Employment within the said Province, any way concerning or relating to the Government of the said Province, from any person or Authority, but by, from, or under the hand and Seale at Arms of his said Lordship, or his Heires or Assignes, Lords and Proprietaries of the said Province. I will faithfully serve his said Lordship as Lieutenant of the said Province, and in all other Offices committed to my Charge by his said Lordships Commission or Commissions to me, and will willingly yield up the said Commission and Commissions againe, and all Offices, Powers, and Authorities granted or to be granted by them or any of them, into the hands of his said Lordship, and his Heires and Assignes, or to such person or persons as he or they shall appoint, whensoever he or they shall appoint me so to doe, and shall signifie the same to me in writing under his or their hand and Seale at Armes. And will not presume to put in execution, or attempt to execute any Office, Power, or Authority granted unto me by any of the said Commissions, after that his Lordship, his Heires or Assignes, Lords and Proprietaries of the said Province shall repeale them or any of them respectively by any writing under his or their respective hand and Seale at Armes, and that the said Repeale be published in this Province. I will doe equall Right and Justice to the poore and to the rich, within the said Province, to my best skill, judgement, and power, according to the Lawes and Ordinances of the said province, and in default thereof according to my conscience, and best discretion, and the power granted and to be granted to me by his said Lordships Commission or Commissions; I will not for fear, favour or affection, or any other cause, let, hinder, or delay Justice to any, but shal truely execute the said Office and Offices respectively according to his said Lordships Commissions to me in that behalf, and to the true intent and meaning thereof, and not otherwise, to the best of my understanding and Judgment. I wil not know of any attempt against his said Lordships person, or his Rights or Dominion into, or over the said province, and the people therin, but I will prevent, resist, and oppose it with the utmost of my power, and make the same known with all convenient speed to his said lordship, and I will in all things from time to time as occasion shal serve faithfully counsel and advise his said Lordship according to my heart and conscience; And I do further swear I will not by my selfe, nor any other person directly, trouble, molest, or discountenance any person whatsoever in the said province professing to beleeve in Jesus Christ, and in particular no Roman Catholick, for or in respect of his or her Religion, nor his or her free exercise thereof within the said province,