and directly, could the Honour and Justice of his Throne be concerned, then in confirming and conserving the Interest of so great a conjuncture of Nobles, Knights, Gentlemen and Merchants, who so piously and worthyly adventured their Moneys, and expended their Estates and Labours; whose Rights and Interests, though their Patent were called in, for the time, in point of Government, yet had received the most solemn Declarations and Assurances, under the Broad Seal and Privy Signet, Orders of Councels, Letters to the Colony, and by general Proclamations there and here.

That it were impious to think that either the then King or King James being rightly enformed, would ever have granted such a Patent as this of Maryland, it being neer two third parts of the better Territory of Virginia; and as no way consistent with Equity, and the Honor and publick Faith of the Kingdom: so was no way agreeable (in the absolute and regal power assumed and executed by him) to the late Monarchical Government, or to the present Authority of the Commonwealth of England, under his Highness the Lord Protector, and most injurious to the Rights and Interests of the noble Adventurers and the painful indefatigable Planters, who had so long under God, conserved the Country from total ruine,

A short and successive Narration of most of the aforesaid publick Assurances, follows, viz.

1.

Y an Order of the Councel the eighth of October, 1623. before the Quo Warranto brought to Arm the mindes of the Adventurers and Planters against any mistaken fear and apprehension, as if their Estates should receive prejudice. 2. And whereas the Lords of the Councel were enformed, that the intended change of the Government, had begot a general discouragement amongst the Adventurers: notwithstanding sundry other Declarations made at the Board, Viva Voce, and that former Act of Councel, their Lordships were pleased by an

Order of the twentieth of October, 1623. to declare again, that there was no other intention, but onely and meerly in reforming and change of the present Government; and that no man should receive any prejudice, but have his Estate fully and wholly confirmed; and if in any thing defective, better to be secured; which Order was sent over by their Lordships command, and published in Virginia for encouragement of the Planter.

3. King James was also pleased to express the same in his Commission to sundry of his own privy Councel, and other Commissioners for the time being, for the affairs of Virginia, July 5. 1624. that his intention was to alter the Letters Patents, as to the form of Government; but with the preservation of the Interest of every Adventurer and Planter.

4. The like Declaration of the King's intentions was exprest in the Commission then sent to Sir Francis Wiat, and the Councel then appointed by his Majesty, to direct the Affairs and People in Virginia; and the like hath been inserted in all King Charles his Commissions, and of all the Governours of Virginia, that have been since that time to this present.

5. The said King Charles by his Proclamation May 13. 1625. declared, That his aim was onely to reduce the Govern ment into such a right course, as might best agree with the form held in the rest of his Monarchy, and not intended to impeach the interest of any Adventurer or Planter in Virginia.

6. The Lords of the Councel by their Letter dated the 24 of October, 1625. declare to the Colony, That the Kings pleasure was to preserve every man's particular right, and the Planters to enjoy their former priviledges; with addition of other requisite immunities; encouraging also the Planter to discoveries both by Sea and Land; and to perfect the Trade of Furs: which Letter, according to their Lordships command, was published in Virginia. But Captain Cleyborn who was thereupon imployd by Commission from the Governour, under the King's Broad Seal, and the Seal of the Colony, and then discovered those parts of the Trade of Maryland, was thereby utterly undone, supplanted and expelled by the Lord Baltamore.

7. The King also, for the encouragement of the Planters, by his Royal Letters the 12 of September, 1628. was pleased to promise thereby to renew and confirm unto the Colony under the great Seal of England, their Lands and Priviledges formerly granted to them."

8. And when the generall Assembly, consisting of the Governours, Councel, and Burgesses of the whole Colony complained to the Lords of the Councel, of the interruption of their Trade by the Lord Baltamore's Deputies their Lordships were pleased

by their Letter July 22. 1634. to signifie that the Plantation of Virginia should enjoy their Estates and Trade, with the same freedom and priviledge as they did before the recalling of their Patent.

By all which it appears, that howsoever the Government could not be reduced from that popular form of the Company in England, but by revocation of the Patent itself; yet in respect of both those Kings Declarations, and the Lords Orders, the Adventurers and Planters of Virginia, as to their Rights and Priviledges, according to the Rule of Equity, remain in the same condition, as if no such Judgement had been given.

Object. But they answer hereunto to this effect, though not truely neither, That the Lord Baltamore his Patent takes in no part, that the Virginians had then planted, and so the interests of all men is preserved; and, that Maryland is no other, then a particular Plantation, as the Company used to grant to divers Adventurers and Planters; and, that the King might do as much as the Company while they stood.

Answ. 1. We reply, That the Adventurers and Planters were encouraged to expend their Estates, in so vast a proportion, and to hazard their lives in all extremities, alwayes accompanying new designs and beginnings, in hope, that their shares upon the division of Lands, being four hundred Miles along the Seashore, and into the Land from Sea to Sea, would recompence them and their Heirs, as in Ireland, heretofore, and now is done. But this Interest by the Patent of the Lord Baltamore's comprehending neer two degrees, which is an hundred and twenty Miles, is wholly taken from them, and scarce is there any room for any Adventurers to take up any Land due unto them.

It is truely answered, that all the Adventurers of the Company were Tenants in common to all the Land, which was not actually divided and set out, and their claim cannot justly be thus nullified, and yet their interest said to be reserved.

3. It is granted, That the Lord Baltamore may have as large a proportion of Land, as ever was granted to any by the Company, though his adventures have never been proportionable to som mens. But we think it agreeing to reason, that he should people it, and either shew his right to it by the adventure of people sent over to plant it, which was by the Company appointed to be fifty Acres to every person transported thither; otherwise, how unreasonable is it, that he should possess two third parts of the Bay of Virginia, which may perhaps be said to be as big as the Kingdom of England and Scotland, and yet now in many yeers have not more men there, except such as

have gone from Virginia, then can or do plant as much as is contained in a small corner thereof, and those chiefly employed in Tobacco; and the great name of Maryland is but in effect made a factory for Trade; Ammunition and Arms being as commonly sold to the Indians, (though not altogether so openly) as among the Swedes and Dutch: a Nursery for Jesuits, and a bar to keep off other Planters from the greatest part of the Country left void, and for the most part not known by him or his.

5. We say, that after we had discovered, and brought the Indians of those parts of Maryland to a Trade of Corn and Beaver, by vertue of the King's instructions under the Broad Seal of England, with the expence of our Bloods and Estates, and exercised annual intercourse with them above eight and twenty yeers: how can it be said, our Interests and Rights are preserved, when we are forbidden this Trade, our Men slain, Vessels and Goods seized, Persons imprisoned, and the whole Trade assumed onely to the Lord Baltamore's use, and he not able to manage it neither, but left it to the Swedes and Dutch?

6. And chiefly we answer, We claim Right by Possession, having planted the Isle of Kent almost three yeers before ever the name of Maryland was heard of, and Burgesses for that place sitting in the Assembly of Virginia; whereby it is evident, that the Lord Baltamore's suggestions to the King, mentioned in his Patent, that those parts were uncultivated and unplanted, unless by barbarous people not having the knowledge of God, was a mis-information; and by it, thaPatent appears to be surreptitiously and illegally gotten: and if the Lord Baltamore takes away those Lands from them, who have also purchased the Interest of the Natives, (a Right not inconsiderable) and seize their Goods, and that in an hostile manner as he hath done; How can it be said, that those mens Interests and Rights are preserved, they being the first Discoverers, of that Island, by vertue of the King's Commission, and planted there under the Government of Virginia, on the confidence they apprehended from the former assurances, and there began in great part the Trade of Furs.

How unjust an intrusion then will the Lord Baltamore's Patent appear, which overthrows the Interests of so many and such Persons for the Company of Virginia were of a nature diversified from other Companies; which if it had not been founded on so good Grounds, yet their zeal and pious endeavours to propagate the true Christian Religion, enlarge the English Dominions, and to encrease the Trade and Strength of shipping, and considerably the Customes, do deserve justice, with addition of reward for so honourable and good intentions.

In the next place, to prove the Lord Baltamore's usurpation of Royal Jurisdiction and Dominion in Maryland, as absolute Lord and Proprietary, there needs no more then his Commissions and Processes running in this stile, viz. We, Us, and, Given under our hand and greater Seal of Arms, in such a yeer of our Dominion, &c. The Oath also, that he tenders to all his Subjects and the Inhabitants, such being the very words thereof, as by the Oath itself, copied from his own hand, and herewith published, appears. This is surely incompatible to the English Nation, that there should be any such principality erected over them, whereas the books of Law teach us, that all Writs, Executions, and Commands ought to be done in the name of the Supream Authority onely, and is so appointed by the late Platform of Government, for all the Dominions of the Commonwealth, of which this is a part; and by a late Ordinance declaring Treason upon such penalty, that none ought to exercise any power, but in the Lord Protector's name; and these men acting so wilfully, cannot excuse themselves. By the ancient English Laws, all those Pleas that concern Life, and Member, and Pardons, cannot be done in the name of any inferior Person; and all Writs, Indictments, and Process as heretofore, so must now only be in the name of the Lord Protector, and not in the name of the Lord Baltamore's, as he hath assumed in Maryland. And whereas the Lord Baltamore pretends to the like priviledges as in the County-Palatine of Duresme, even those priviledges of Duresme, and all the other County-Palatines of England, were, and are take away as dishonorable, and incongruent to the English Nation, by the Statute of the 27 Hen. 8. 25. With what strange confidence then doth the Lord Baltamore publish to the world, That these Royalties and Priviledges are warranted by his Patent, when as they are contrary to Law, and to the Government now established under his Highness, and to a Clause in his Patent, wherein it is provided, That no Construction be made thereof, whereby the Government in the Common-wealth of England should suffer any prejudice or diminution.

Whereby it appears there was as good Cause to reduce Maryland as Virginia; the People, and General Assembly thereof also complaining of their Grievance, among many other exorbitant Usurpations of Lord Baltamore over them, as appears by their Complaint in Governor Green's time, made and Record> ed there by a Committee of that Assembly: But 'tis known that Governor Green was deposed by Lord Baltamore, for suffering that Committee, and not for proclaiming the Kings Son,