OR,

The Lord Ballamore's printed CASE, un

cased and answered.

Shewing, the illegality of his Patent and usurpation of Royal Jurisdiction and Dominion there.

With,

The Injustice and Tyranny practised in the Government, against the Laws and Liberties of the English Nation, and the just Right and Interest of the Adventurers and Planters.

Also,

A short RELATION of the Pa-
pists late Rebellion against the Government
of his Highness the Lord Protector, to which they
were reduced by the Parliaments Commissioners; but
since revolting, and by Lord Baltamore's instruc-
tions caused to assault the Protestants there

in their Plantations, were by a far lesser number
repulsed, some slain, and all the

rest taken Prisoners.

To which is added,

A brief Account of the Commissioners proceedings in the reducing of Maryland, with the Grounds and Reason thereof; the Commission and Instructions by which they acted; the Report of the Committee of the Navy, concerning that Province; and some other Papers and Passages relating thereunto together with the Copy of a Writing under the Lord Baltamore's Hand and Seal, 1644. discovering his Practices, with the King at Oxford against the Parliament, concerning the Londoners and others trading in Virginia.

For the oppression of the poor, for the sighing of the needy, now will I arise, saith the Lord, I will set him in safety, from him that puffeth at him.

Psal. 12. 5.

London, printed and are to be sold at the Crown in Popes-head-Ally, and in Westminster Hall. 1655.

P. FORCE, Washington, 1837.

The Lord Ballamores printed Case, uncased, and answered.

I

N the yeer 1607. divers preceding discoveries having confirmed an Opinion, That the Country of Virginia was fit for Plantation; It pleased God to affect the mindes of very many worthily disposed Noblemen, Gentlemen, and others to conceive it as a matter of great Religion and Honour, to undertake the work of perfecting a Christian Plantation in those parts. Whereupon King James was pleased to become the first Founder of this noble work, and by his Letters Patents from time to time renewed and enlarged, granted all ample Priviledges and Immunities, both to those that managed in England, and those that went to inhabit there: which gave so great an encouragement, that fifty Earls and Barons, three hundred and fifty Knights, and six hundred Gentlemen, and Merchants of primest rank became incorporated, and were originally named in the Let ters Patents by the name of the Company of Virginia, being a greater union of Nobles and Commons, then ever concurred to such an undertaking. But nevertheless, partly by the natural difficulties incident to all new Plantations; but chiefly, through the unnatural and faulty impediments arising by the cross agitations of two powerful factions in the Company, the work went heavily on for the first twelve yeers, appearing desperate in the several ill successes thereof. And though afterward somewhat advanced and prosperous, yet in the yeer 1621. by the fatal blow of a Massacre, it was almost shattered to pieces, and brought to a very low and calamitous condition; which occasion the contrary faction presently took hold of, insomuch that they exceedingly slighted the action, and cared not to cast aspersions

on the Country, and on the whole management of that affair. And then further strongly possessed and advised the then King, against the form of the Companies Government, as consisting of an excessive number of Councellours, and a confused Popularity, as being a Nurse of Parliamentary spirits, and obnoxious to Monarchical Government. Thereupon Order was made upon the eighth day of October, 1623. at the Council-Table, whereby the Company were moved to give in their assents for surrendering their Patent, and altering their form of Government, and a new one proposed, wherein the Interests and Rights of all men should be preserved: which Order the Company not submitting unto, A Quo Warranto was directed for the calling in of their Patent, and an advantage taken upon their misplead⚫ing. The Patent was condemned in Trinity-Term following; but for many yeers after, not vacated upon the Record in the Office of the Rolls, whereby some that sought the overthrow of the Lord Baltamore's Patent for Maryland, in the beginning of the Parliament, 1640. took out the Virginia Patent again under the broad Seal of England: therefore thought by primest Lawyers now to be unquestionably in force, at least to point of interest; and that Patent of Maryland unconsistent and void.

Thus in brief was the late Company dissolved, and a Commission given to divers Lords and others, for present directing and ordering the affairs of Virginia; and that they should advise touching a better form of Government for advancing and establishing the Colony. Then issued also severall Proclamations, and several Orders from the Council-Table, with great assurances under the Broad Seal and privy Seal, that all men, with the Adventurers and Planters should be assured, that their Rights and Interests should be conserved and enlarged, onely alteration in point of Government. But both that Commission and renewing of the Companies Charter expired, and all those Proceedings were delayed, by reason of the death of King James, which then suddenly ensued. The principal scope of that Commission was, that they should finde a better form of Government for the Countryes advancement, and therein was especially promised the conservation of every man's right; intentions worthy the wisdom and justice of so great a Prince. But nothing was done by those Commissioners touching either of those ends, nor by those by whose prosecutions these things hapened, who having attained their private ends of spleen and profit upon the changes and revolutions of ensuing times deserted the interest of the Colony, and left her weltring in her blood, unsupplied with Ammunition and Arms in the heat of a difficult war with the Indians: the burthen and charge whereof was

onely undergone by the remaining Planters, who thus forsaken by their former friends, were constrained both to work and fight for their lives and subsistance; and thereby preserved the Colony from desertion, and at last restored it by the blessing of God to peace and plenty.

And then, about the yeer 1633. Lord Baltamore pretending, though not truely, the greatest part of the Country was unplanted, procured that the aforesaid judgement so long delayed, was entred, and obtained a Patent, for that part now called Maryland, which he hath since held with a few people and small Adventurers, bebarring of those to whom it belonged from planting of it; destroying and ruinating these formerly seated under Virginia, at the Isle of Kent; and interdicting Trade with the Indians for Furs, discovered and begun by the Virginians, by direction and commission from the King; which since by this means is enjoyed by the Dutch and Swedes, with the profit of many thousand pounds yeerly; which Trade had been solely in the English Nations hands, had not the Lord Baltamore interdicted it, and seized all Vessels, and displanted their Plantations. And those Swedes and Dutch do trade for great quantities of Guns. Powder and Shot with our Indians, to the total endangering this Colony, if not timely prevented. Such a ground-Work, had the Patent of Maryland upon the Rights and Labours of others; and as unreasonable and unjust have been the whole proceedings and management of their Colony and Interests, at their first arrival surprising and confiscating many Vessels with the Goods of divers that they found trading with the Natives under the commissions of Virginia, which they had enjoyed neer thirty yeers. And professing an establishment of the Romish Religion onely, they suppressed the poor Protestants among them, and carried on the whold frame of their Government in the Lord Proprietaries name; all their Proceedings, Judicature, Tryals and Warrants, in his name, Power and Dignity, and from him onely: not the least mention of the Soveraign Authority of England in all their Government; to that purpose, forceably imposing Oaths, (judged illegal in a Report made by a Committee of the Council of State, 1652.) to maintain his royal Jurisdictions, Prerogatives, and Dominions, as absolute Lord and Proprietary, to protect chiefly the Roman Catholick Religion in the free exercise thereof; and all done by yeerly Instructions from him out of England, as if he had been absolute Prince and King. By all which it is easily evident, that the Patent of Maryland was grounded upon no good foundation.

The King being mis-informed; when in nothing more deeply