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A87444 A just and cleere refutation of a false and scandalous pamphlet, entituled, Babylons fall in Maryland, &c. and, a true discovery of certaine strange and inhumane proceedings of some ungratefull people in Maryland, towards those who formerly preserved them in time of their greatest distresse. To which is added a law in Maryland concerning religion, and a declaration concerning the same. / By John Langford Gentleman, Servant to the Lord Baltemore. Langford, John, Gentleman, servant to Lord Baltimore. 1655 (1655) Wing J1220; Wing L387; Thomason E853_25; ESTC R16909 16,616 35

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month in the Countrie in which time this unfortunate action fell out so much the sadder in regard of the common enemie the Indian who ever takes advantage by our intestine troubles being both cruel and potent therfore I hope will be a motive to further the charitable condescending of your Highnesse for setling the Country My Lord having had a very tedious passage being necessitated to stay above two months in Bermudas above one month in Virginia so that I was above halfe a yeare from the time that I came out of England to my arivall in Maryland at which arival I found the Country in a great disturbance the Governour Captain Stone being ready to march with his Army which heere is considerable if it consist of 200 men against a partie of men at a place called Anne-Arundel who the yeer before pretending a power from your Highnesse as also that your Highnesse had taken the Lord Baltemores Country from him bred a great disturbance in the Countrey and withall tooke away the Governours Commission from him which Governour being since informed by a Gentleman by name Mr. Elkonhead one that came out of England 2 or 3 Months after me that the Lord Baltemore kept his Patent and that your Highnesse had neither taken the Lord Baltemores Patent from him nor his Land hee thought hee might act by the contents of his former Commission from the Lord Baltemore and accordingly went up to reduce those people to the Lord Baltemores Governement but still under your Highness command as formerly under the Kings having heer in the Country before I came first solemnly proclaymed your Highness as also in all Proclamations and publick Edicts ending with God preserve the Lord Protector and the Lord Proprietary Now going up to reduce these people if possible by fair meanes a Declaration to which purpose the Governour desiring me to bear him company the march I got leave to carry to them in the end of which the Governour did protest as in the presence of Almighty God that he came not in a hostile way to do them any hurt but sought all meanes possible to reclaime them by fair means and to my knowledge at the sending out of Parties as occasion served he gave strict command that if they met any of the Anne-Arundell men they should not fire the first Gun nor upon paine of death plunder any these were his actings to my knowledge upon the march but comming neerer to them there was a Ship a Merchant man called the Golden Lion one Hemans Commander and as appeares hired by them having since received his reward of them who seeing the Governour land his men under the command of his ship shot at them as they landed over night and the next morning continuing his course as I am credibly informed kild one of the Governours men and so began the war which after fell out for the Anne-Arundell men comming suddenly upon them on the one side and the Golden Lyon being on the other side they being in a neck of Land invirond round with water except one little place by which the Anne-Arundel men came in upon them where after a skirmish the Governour upon quarter given him and all his company in the field yielded to be taken Prisoners but two or three dayes after the Victors condemnd ten to death and executed fowre and had executed all had not the incessant Petitioning and begging of some good women sav'd some and the souldiers others the Governour himselfe being condemn'd by them and since begd by the Souldiers some being sav'd just as they were leading out to execution and since fall a sequestring their Estates and taking away what they have as if they were meere Malignants and had fought directly against your Highnesse in which I cannot but speake my conscience knowing that at their first setting out the generall cry was that they went to reduce the Country and bring it under the obedience of your Highnesse and the Lord Proprietary as also the Governour who protested to mee before he went out that had he not been very credibly informed that your Highnesse had not taken away the Lord Baltemores Patent nor his Land as the Anne-Arundel men pretended he would not stirre in the businesse My Lord the reason why I take upon mee to give your Highnesse an account of this action is nothing but out of my duty to your Highnesse to give a true and impartiall account of the proceedings heere in regard they still keepe the Governour and most of the Councell Prisoners as also all the chiefe Officers till all the shipping is already gone out of the Country except one and till that is gone I heare for certain none of them shall be releast by which meanes they are not onely debard from comming for England as some desired to answer for what they had done before your Highnesse and were denied it but are likewise hindred from writing their grievances as not being suffered to write to their own Wives but their Letters are broke open so that I cannot but thinke my selfe bound in conscience to declare the truth as also to remaine so long as I possesse a being in this world My Lord Your Highnesse most obedient and ever Loyall Subject L. Barber Maryland this 13. of Aprill 1655. For the Right Honourable the Lord BALTEMORE these present Right Honourable I Am sorry at present for to let your Honour understand of our sad condition in your Province So it is that my Husband with the rest of your Councell went about a month agone with a party of men up to Anne-Arundell County to bring those factious people to obedience under your Government My Husband sent Dr. Barber with one Mr. Coursey with a Message to them but they never returned againe before the fight began Also he sent one Mr. Packer the day after with a Message and he likewise never returned as I heard but so it is that upon Sunday the 25. of March they did ingage with the people of Anne-Arundell and lost the field and not above five of our men escaped which I did conceive ranne away before the fight was ended the rest all taken some killed and wounded my Husband hath received a wound in his shoulder but I heare it is upon the mending My Husband I am confident did not thinke that they would have engaged but it did proove too true to all our great damages They as I heare being better provided then my Husband did expect for they hired the Captain of the G●l●len Lion a great ship of burden the Captains name is Roger Hemans a yong man and his Brother who have beene great sticklers in the businesse as I hear Captaine H●man was one of their Councell of War and by his consent would have had all the Prisoners hanged but after Quarter given they tried all your Councellors by a Councell of Warre and Sentence was passed upon my Husband to be shot to death but was after saved by the
but would not permit any to goe to Virginia till that Colony were reduced to obedience all which will bee testified by divers Merchants and others to be true In this expedition to Virginia Captaine Dennis and Captaine Steg the two chiefe Commissioners who were present when Maryland was struck out of the said Instructions 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 Capt. Curtes having a Coppy of the said Commission and Instructions with him in another ship arrived safe in Virginia and there being also nominated in the sayd Commission two other persons resident in Virginia that is Mr. Richard Bennet before mentioned and Capt. Cleyborne known and declared Enemies of the Lord Baltemores they together with Capt. Curtes proceeded to the reducement of Virginia which was effected accordingly and Captaine Stone being then the Lord Baltemores Lievtenant of Maryland did actually assist them therein After all which the sayd Mr. Bennet and Capt. Cleyborne went notwithstanding to Maryland and upon pretence of a certaine Clause in their Instructions That they should reduce all the Plantations in the Bay of Cheseapeacke to the obedience of the Parliament because some part of Maryland where the Lord Baltemores chiefe Colony there is seated is within that Bay aswell as all the Plantations of Virginia are they required Capt. Stone and the rest of the Lord Baltemores Officers there first to take the Engagement which they all readily subscribed and declared that they did in all humility submit themselves to the Government of the Common wealth of England in chiefe under God then the said Commissioners required them to issue out Writs and Processe out of the Lord Baltemores 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 bee excused because they did conceive the Parliament intended not 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 bee made in Maryland that the Kings name was never used heertofore in the said Writs but that they had alwayes beene in the name of the Lord Proprietary according to the Priviledges of his Patent ever since the beginning of that Plantation That the Act in England for changing of the formes of Writs declared onely that in such Writs and Processe wherein the Kings name was formerly used the Keepers of the Liberty of England should for the future bee put in stead thereof That the continuing of the Writs in the Lord Proprietaries name was essentiall to his interest there and therefore they could not without breach of trust concur to any such alteration where upon the said Commissioners demanded of Captaine Stone the Lord Baltemores Commission to him which hee shewed them and then without any other cause at all they detained it and remooved him and his Lordships other Officers out of their employment there under him and appointed others to mannage the Government of that Plantation independent of his Lordship By which it appears Mr. Bennet and Capt. Cleyborne took upon them an Authority much contrary to the intention of the Councell of State and indeed contrary to common sense and reason for certainly if the Councell had had any cause to have altered their mind in that particular of Maryland after they had strucke it out of the sayd Instructions they would have caused it to have been put in againe by the same name whereby their Intention might have beene cleerely understood much lesse could they have any Intention of reducing any place that was not in opposition against them but in due obedience so as if Maryland had been by any mistake put in by name to be reduced upon a supposition in the Councell that it had been in opposition yet they could not in reason intend that in case their Commissioners had found when they came upon the place as they did that it was not in opposition that they should reduce it or prejudice any mans right upon that accompt so that whatsoever was done in Maryland by the sayd Mr. Bennet then Governour of Virginia and the other persons Mr. Strong mentioneth as Commissioners from England for reducing of Maryland or their subordinate Officers having no firmer foundation from hence was done without Authority which makes all those proceedings mentioned by Mr. Strong of his friends and their pretended assembly there illegall mutinous and usurp'd and the Lord Baltemore and his Officers had just reason to rectifie the same by all lawfull means other then which they used none when they reassumed the Government for by his Lordships Patent he and his substitutes have power to make use of what force they can to compell such as shall unlawfully oppose his Government there and by a Law made with the consent of a generall Assembly of that Province wherein the sayd people above mentioned had also their Burgesses it was enacted that such as should by force of Armes oppose the Government there under the Lord Proprietary or attempt the disinherison or dispossessing him as those people did before Capt. Stone attempted any force upon them of his rights or Jurisdiction there according to his Patent should be punished with Death and confiscation of their Estates as is usuall and necessary in the like cases to be done in all such Governments whatsoever though no such severity is ever put in execution there but when all fair and gentle means being first tried to reduce such people to obedience will not prevail Moreover that pretended authority of the said Commissioners for reducing of Maryland was urged heere in England by Colonell Matthews Agent for the sayd Mr Bennet and the Colonie of Virginia when his Petition was debated before the Committee of Petitions of the late Parliament which began in July 1653. and was by that Committee dismissed and yet notwithstanding after the sayd dismission and Dissolution of that Parliament the sayd Mr. Bennet and Capt. Cleyborne did again in July 1654. come into Maryland and with the assistance of some of the people above mentioned by force of Armes turned out Capt. Stone and the Lord Baltemores other Officers and put others in their roomes by what Authority no man knowes for although they had had as they pretended an Authority which in truth they had not from the Parliament which was dissolved in April 1653. to do what they did in Maryland in 1652 according to Mr. Strongs relation yet after the Dissolution of that Parliament the Authority from it ceased so as all proceedings in prosecution thereof afterwards was unwarrantable unless that Authority which they pretended had been given them by an Act or Ordinance of Parliament for a certain time then not expired or confirmed by the succeeding supream Authority heer which it was not
Enemies owne Souldiers and so the rest of the Councellors were saved by the Petitions of the Women with some other friends which they found there onely Master William Eltonhead was shot to death whose death I much lament being shot in cold bloud and also Lievetenant William Lewis with one Mr. Leggat and a Germane which did live with Mr. Eltonhead which by all Relations that ever I did heare of the like barbarous act was never done amongst Christians They have Sequestred my Husbands Estate only they say they will allow a maintenance for me and my Children which I doe beleeve will bee but small They keep my Husband with the rest of the Councell and all other Officers still Prisoners I am very suddenly God willing bound up to see my Husband they will not so much as suffer him to write a Letter unto mee but they will have the perusall of what hee writes Captaine Tylman and his Mate Master Cook are very honest men and doe stand up much for your Honour they will informe you of more passages then I can remember at the present and I hope my Brother will be downe before Captain Tylman goes away and will write to you more at large for he is bound up this day for to see his Brother if they doe not detain him there as well as the rest the occasion I conceive of their detainment there is because they should not goe home to informe your Honour of the truth of the businesse before they make their owne tale in England which let them doe their worst which I do not question but you will vindicate my Husbands honour which hath ventured Life and Estate to keep your due heere which by force he hath lost And they give out words that they have won the Country by the sword and by it they will keepe the same let my Lord Protector send in what Writing hee pleaseth The Gunners Mate of Hemans since his comming down from Anne-Arundell to Patuxent hath boasted that he shot the first man that was shot of our Party All this I write is very true which I thought good to informe your Lordship because they will not suffer my Husband for to write himselfe I hope your Honour will be pleased for to looke upon my Sonne and for to wish him for to be of good comfort and not for to take our afflictions to heart And nothing else at present I rest Your Honours most humble Servant Varlinda Stone Post-script I hope your Honour will favour me so much that if my Sonne wants twenty or thirty pounds you will let him have it and it shall be payd your Honour againe Hemans the Master of the Golden Lion is a very Knave and that will be made plainly for to appeare to your Lordship for he hath abused my Husband most grosly A true Copy of the Oath of Fidelity to the Lord Proprietary of the Province of MARYLAND I A. B. Doe sweare that I will be true and faithfull so long as I shall be a member of this Province to the Right Hon. CAECILIUS Lord Baron of Baltemore Lord and Proprietary of this Province of Maryland and the Islands therunto belonging to his Heyres Lords and Proprietaries of the same and to his Lievetenant or Chiefe Governour heer for the time being And will not at any time by words or actions in publique or in private wittingly or willingly to the best of my understanding any way derogate from but will at all times as occasion shall require to the utmost of my power defend and maintain all such his sayd Lordships and his Heyres just and lawfull Right Title Interest Priviledges Iurisdictions Prerogative Propriety and Dominion over and in the sayd Province and Islands thereunto belonging and over the people who are or shall be therein for the time being as are granted to his sayd Lordship and his Heyres by the late King of England in his sayd Lordships Patent of the sayd Province under the Great Seale of England not any wise understood to infringe or prejudice Liberty of Conscience in point of Religion And I doe also sweare that I will with all expedition discover to his Lordship or to his Lievetenant or other Chiefe Governour of the sayd Province for the time being and also use my best endevour to prevent any Plot Conspiracy or Combination which I shall know or have just cause to suspect is or shall be intended against the person of his sayd Lordship or which shall tend any way to the disinherison or deprivation of his sayd Lordship or his Heyres their Right Title Jurisdiction and Dominion aforesayd or any part thereof And I doe swear that I will not either by myself or by any other person or persons directly or indirectly take accept receive purchase or possesse any Lands Tenements or Hereditaments within the sayd Province of Maryland or the Islands thereunto belonging from any Indian or Indians to any other use or uses but to the use of his said Lordship and his Heires Lords and Proprietaries of this Province or knowingly from any other person or persons not deriving a legall Title thereunto by from or under some grant from his said Lordship or his Heires Lords and Proprietaries of this Province legally passed or to be passed under his or their great Seale of the said Province for the time being So help me God c. THis Oath was appointed by my Lord to be taken by every one who had any Land granted to him in Maryland from his Lordship before any Patent thereof should passe the Seale to him and it was also appointed to be taken by a law made in Maryland in An. 1649. with the consent of the Protestāts as wel as the Roman Catholiks there by every inhabitant above the age of sixteene yeeres upon paine of Banishment in case of refusal and of fine in case of return and a second refusall but it was never yet imposed upon any nor any ever yet banished or fined for refusal of it onely they could have no land granted them from his Lordship unlesse they tooke it nor was there any other Oath appointed to bee taken upon any penalty whatsoever But there was another Oath appointed for the Governour and Councell onely in Maryland to take which have these clauses among others in them viz. That they shall not accept or execute any Place Office or Imployment in Maryland relating to the Government thereof from any Person or Authority but from the Lord Baltemore or his Heires and another Clause viz. that they shall not directly or indirectly trouble molest or discountenance any person whatsoever in the said Province professing to believe in JESUS CHRIST and in particular no Roman Catholick for or in respect of his or her Religion nor in his or her free exercise thereof within the said Province But this Oath was never imposed upon any body nor any penalty appointed for the refusall thereof for it was free for any man if hee did not like the Oath