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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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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 Hee that is first in his owne cause seemeth just but his neighbour commeth and searcheth him Prov. 18.17 Whose hatred is covered by deceit his wickednesse shall be shewed before the whole Congregation Prov. 26 26. London Printed for the Author 1655. A just and cleere refutation of a false and scandalous Pamphlet c. HAving lately met with a Pamphlet entituled Babylons Fall in Maryland c. which layes many false and scandalous aspersions upon the Lord Baltemore his Government and Officers in Maryland put forth by one Leonard Strong and attested by William Durand pretending to be Secretary of that Province It was thought fit in regard I have beene acquainted with and imployed by my Lord Baltemore in his affairs relating to that Province both heere and there for above twenty years last past That I should publish this brief Refutation therof to undeceive such as may be deluded by it Captaine Stone who is well known to be a zealous and well affected Protestant being Governour of Maryland under the Lord Baltemore did receive and protect in Maryland those people and their families mentioned by Mr. Strong when they were distressed in Virginia under Sir William Berkley among whom it is to be noted that Mr. Richard Bennet afterwards Governour of Virginia was one and thereupon a Commission was granted by Charles Stuart the eldest Son of the late King to Sir William Davenant constituting him Governor of the said Province alleadging therin the reasons to be because the Lord Baltemore did visibly adhere to the Rebels in England as he terms them in that Commission and admitted all kind of Sectaries and Schismaticks and ill affected persons into that Plantation These people seated themselves at a place by them called Providence but by an Act of a Generall Assembly there called Anne-Arundell in Mariland and there was nothing promised by my Lord or Capt. Stone to them but what was performed they were first acquainted by Capt. Stone before they came there with that Oath of Fidelity which was to be taken by those who would have any Land there from his Lordship and the Oath which was required of them to take before they could have any Parent for Land there was ratified by an Act of a Generall Assembly of that Province wherin those very men had their Burgesses there being an expresse Clause in it That it should not bee understood to infringe or prejudice Liberty of Conscience in point of Religion as will appear by the Oath it selfe nor had they any regrett to the Oath till they were as much refreshed with their intertainment there as the Snake in the Fable was with the Country mans breast for which some of them are equally thankfull But it is now it seems thought by some of those people too much below them to take an Oath to the Lord Proprietary of that Province though many Protestants of much better quality have taken it and which is more then can be hoped for from some of these men kept it As to the Government there they knew it very well before they came thither and if they had not liked it they might have forborne comming or staying there for they were never forced to either the chiefe Officers under my Lord there are Protestants the Jurisdiction exercised there by them is no other then what is warranted by his Lordships Patent of that Province which gives him the power and priviledges of a Count Palatine there depending on the Supream Authority of England with power to make Lawes with the Peoples consent and of Martiall Law in cases of Mutiny Rebellion or Sedition without which powers and priviledges his Lordship would not have undertaken that Plantation and have beene at so great a charge and run so many hazards as he hath done for it There are none there sworn to uphold Antichrist as Mr. Strong falsly suggests nor doeth the Oath of Fidelity bind any man to maintain any other Jurisdiction or Dominion of my Lords than what is granted by his Patent for by expresse words it relates to such only as are therein contained whatsoever Mr. Strong sayes to the contrary Though some of those people it seemes thinke it unfit that my Lord should have such a jurisdiction and dominion there unto which he hath as good a right as Mr. Strong or any of those people can claime to any thing they have yet they it seemes by their arrogant and insolent proceedings thinke it fit for them to exercise farre more absolute Jurisdictions and Dominion there then my Lord ever did such as in truth are Arbitrary and Barbarous without any lawfull right or Authority at all nor are they contented with freedome for themselves of Conscience Person and Estate all which are establisht to them by Law there and injoyed by them in as ample manner as ever any people did in any place of the world unlesse they may have the liberty to debarr others from the like freedome and that they may domineere and doe what they please As to the pretended Commission mentioned by Mr. Strong from the supreame Authority of England in 1652. for reducing of Maryland there was no such thing but the ground of that pretence was this In September 1651. when the Councell of State sent Commissioners from hence that is to say Capt. Dennis Capt. Steg and Capt. Curtes to reduce Virginia to the obedience of the Parliament the said Councell appointed a Committee of themselves for the carrying on of the affaires of the Admirallty to give instructions to the said Commissioners for that business and Colonell George Thomson being then in the Chaire of that Committee Maryland was at first inserted in their instructions to bee reduced as well as Virginia but the Committee being afterwards satisfied by all the Merchants that traded thither who were engaged to assist with their ships in the reducement of Virginia that Maryland was not in opposition to the Parliament that Captaine Stone the Lord Baltemores Leivtenant there was generally knowne to have beene alwayes zealously affected to the Parliament and that divers of the Parliaments friends were by the Lord Baltemores especiall directions received into Maryland and well treated there when they were faine to leave Virginia for their good affections to the Parliament then the said Committee thought it not fit at all to disturbe that Plantation and therfore in the presence of many of the said Merchants caused Maryland to bee struck out of the said instructions and the Councell of State did therupon give Licence to many Ships to trade at that time to Maryland
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