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A39892 Virginia and Maryland, or, The Lord Baltamore's printed case, uncased and answered shewing the illegality of his patent and usurpation of royal jurisdiction and dominion there : with the injustice and tyranny practised against ... adventurers and planters : also a short relation of the papists late rebellion against the government of His Highness the Lord Protector ... : to which is added a brief account of the commissioners proceedings in the reducing of Maryland ... Baltimore, Cecil Calvert, Baron, ca. 1605-1675. 1655 (1655) Wing F1457; ESTC R248 31,654 55

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't is notoriously known that all the Lord Baltamore's Governors usually took the Kings part against the Parliament and his Brother Mr. Leo Calvert his only Governor while he lived there ever declared himself against them And to evince this irrefrageably and clearly to demonstrate the management and complexion of this business both Lord Baltamore himself and his Brother by long Solitations at Oxford procured and sent over in Anno 1644. Commissions under the Kings Broad Seal to surprize the Parliaments and London-ships in Virginia and to impose Customs raise Regiments and Fortifie the Country against the Parliament which appears by several Writings under the Lord Baltamore's Hand and Seal one of which is hereunto annexed They did with zeal proclaim the Kings Son Charles the Second at Maryland and some that read it and assisted therein of the primest rank are still continued Counsellors by him and never a word of blame whereas 't is evident his own Interest is more than circumspectly watcht over and contended for How can he pretend that his Governor Captain Stone bare any affection to the Parliament when without check from himself in their Assemblies Laws he used the name of King and His Majesty and of Charles the First when the Second was Proclaimed there And why did Lord Baltamore himself in England advisedly consent and approve those Laws in terminis under his hand 1650. if such had not been his own thoughts toward the Parliament The Commissioners that were imployed by the Parliament to Reduce Virginia Anno. 1652. were commanded to Reduce all the Plantations in the Bay of Chesapiak and then that all Writs should issue in the Name of the Keepers of the Libertie of England They saw not how they could decline this service well knowing how contrary to those Commands and the Honor and Interest of the Parliament the Government of Maryland was exercised and think strange any should pretend assistance and supply of Victuals from Maryland to that Fleet when no such thing ever was that the Parliament Ships were entertained there in his Harbors whenas never any of them came at Maryland nor within near 100. miles thereof save only the Ginny Frigot who went thither to Reduce that Province they knew his Governor had alwayes bore affection to the Kings side that Charles the Second as hath been said was proclaimed there that the Councel were all Papists or indifferently affected and that they refused to Govern the people by the Laws of England another Clause in the Parliaments Commission to which several of their actings and even Lord Baltamore's Instructions were contrary as in this particular and many others appears by the Reports of the Committee of the Navy and the Councel of State to whom the Parliament referred this Cause a Copy of which Report is hereunto annexed And they ruled in Maryland in such an absolute way and authority as no Christian Prince or State in Europe exercises the like His Governor hath an absolute Negative Voice in all things and in the Assembly of the Burgesses calls into the Upper House as he terms it whom he will to over-vote the rest places and dis-places whom he will in that Councel and the Lord Baltamore himself though in England appoints all Officers even to the meanest degree and who flatter him most are sure to have it His Mandates are sent over to stop Justice and the Judges imprisoned for proceeding according to Justice Writs are given out under the Governors hand in his own Case without any judgement of Court to seize mens Goods into the Governors hands His Governors are not suable for any just debts and so they usually exercise their priviledges even to the oppression and discontent of the people No Appeals allowed from their Courts though consisting but of two men and those perhaps of no great knowledg or skill in Government no not to the general Representative Assemblies It would be infinite to rake in this Dunghil but all indifferent men that have lived and been there know these things to be sad Truths and surely not without cause have the general Assemblies there most of the Councel and the Freemen been often contesting with the Lord Baltamore's Governors about these things and yet could never obtain any redress from him but have resolved to Petition the State of England Why therefore should Maryland so ill Founded and so ill Managed be wrung from the right of Virginia against all Law and Equity as is before truely set forth And be established to Lord Baltamore a professed Recusant as his publish'd Book intimates who hath in effect made it a subject of his own domination and tyrranny being his main aim But to colour it and the better to get friends first made it a receptacle for Papists and Priests and Jesuites in some extraordinary and zealous manner but hath since discontented them many times many ways though Intelligence with Bulls Letters c. from the Pope and Rome be ordinary for his own Interests and now admits all sorts of Religions and intended even 2000 Irish and by his own Letters clears and indemnifies one that said Those Irish would not leave a Bible in Maryland His Country till he employed Captain Stone never had but Papist Governours and Counsellors dedicated to St. Ignatius as they call him and his Chappel and Holyday kept solemnly The Protestants for the most time miserably disturbed in the exercise of their Religion by many wayes plainly enforced or by subtil practises or hope of preferment to turn Papists of which a very sad account may from time to time be given even from their first arrival to this very day Virginia hath used all good Neighbourhood towards them without which assistance and supply even of all things they could not have subsisted for their numbers were inconsiderable and their Adventures small and very little after the first ship in comparison of such a work And though Lord Baltamore pretends great Adventures with his Friends thither yet none have appeared there to any considerable value from him for many yeers onely what Merchants and some few have done upon Returns of Tobacco and Beaver so that in Truth it will appear and that by his own Letters too Maryland hath been chiefly planted by Virginia from first to last and by people from thence wanting seats in their narrow limits Maryland taking away above half the Country which as hath been said before was onely discovered by Virginia with continual Trade and abode of people there for above 20 yeers by Commissions and Warrants in the King's Name and was planted by Colonel Claiborn under Virginia Government some yeers before ever the name of Maryland or Lord Baltamore was ever heard of there which himself knew though he mis-informed the King and obtained his Patent upon pretence of Unplanted places onely But the many illegal Executions and Murthers of several persons at the Isle of Kent by the Lord Baltamore's commands and his Officers the Imprisonments Confiscations of many
abolishing the Book of common prayer and for subscribing the ingagement and all of the● Acts therewith delivered to you You or any two or more of you have ful power to admi●ster an Oath to all the Inhabitants and planters there to be true and faithful to the common-wealth of England as it is now established without a King or house of Lo●os You or any two or more of you whereof cap Robett Denneis● be one have power to give liberty to the inhabitants and planters who shall have take● the engagement fomerly mentioned to choose such Burgesses as they shall think fit and send to the place you shal appoint f●r the better Regulating and governing affairs there provided that nothing be ●cted contrary to the Government of the common-wealth 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 Parlamant 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 command et of the Guinny Frigot is hereby impowred 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 diligence and care in carrying on of this affair of consequence with which you are intrusted and that by your good endeavours it wil have a good issue so the Counsel wil take the same into consideration that respect may beh●d of your pains and travel therein and of a recompence agreeable to your service when the same shall be compleated and work upon which you are imployed shall be fi●●shed Whitehal 26 Sept 1651. Signed in the name and by order of the Councel of State appointed by authority of Parlane John Bradshaw President Jo Thurlo●Cler of the Counsel Committee Navy 31 Decemb 1652. IN pursuance of an order of Parlament of the 31 Aug. 1652. whereby the 4. and part of the 7. and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Articles agreed on at James City for the surrendring and setling of plantation of Virginia with certain parchments concerning Mariland end the petition of the Inhabitants of Virginia are referred unto this Committee to consider what patent is set 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 Capt. or point comfort al along the sea-coast to the North ward two hundred mile and from she said Cape or point comfort all along the sea-coast to the Southward 200 miles all that space of Land lying from the sea-coast of the preci●ct foresaid up into the Lands throughout from sea to sea West and Northwest and and all the Islands lying within 100 miles along the coast of both seas of the precincts a foresaid with the soyls c. thereunto belonging to hold to them and their heirs for ever under the several reservations therin mentioned That the said patent was afterwards by a Quo wararnto 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 enioy a collony or parcel of ground in America then uncuitivated 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 La●d 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 Delowarr Bay and from Delawar Bay to Potowmeck River and so along to Watkins point together with the Islands thereunto belonging and by t●e said patent called the Province of Mariland To hold the s●me in as ample manner as any Bishop of Durham within the Bishohprick or County palatine of Durham in England heretofor ever held or enjoyed and to hold the lame in free and common so●●dg as of the Castle of Windsor Reserving to the King his Heirs and successors saith allegiance and dominion and two indian arrows yearly with the fifth part of all gold and silver O ar found in and upon the said province and also liberty for any the people ●f 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 pat●nt pov●e● is granted to the Lord Baltemore and his heirs to make Laws by and with the Counsell assen● and approbatiou of the Freemen of the said Province or the Major part of them that sh●l 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 possibles 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 P●●e●t part of Virginia and planted and inhabited by Cap. C●●aiborn three years before the arrival of the Lord Baltemores Agenes in Maryland and that Burgesses sat in the Assembly a●James Town in Virginia for the said Island And that the Virginians had the sole possession of the Bay of Chejopiack and a free Trade with the Indiats That in the year 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 formerly they had accustomed whereupon severall differences arose between Capt. C●aiborns men and the L. B planters and capt. Clayborn continuing his trade a Vessell called the Longtail was seised upon by the Marilanders and and one Li●u enan●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 M●Har●man and others were all seised by the Lord Baltemores Agents and
the aforesaid Lord Baltamore and his Officers By all which unjust and unreasonable proceedings the people were put upon a necessity of standing upon their own defence for the Vindication of their just Rights and Liberties and freeing themselves from those great Oppressions whereby the whole Province was very much threatned and apparently endangered For the prevention whereof as also for the Relief of those who were so deeply distressed and for the Settlement of the Province in peace and in their due Obedience under his Highness The said Commissioners by Authority derived unto them from his Highness the Lord Protector applyed themselves unto Captain William Stone the Governor and the Councel of Maryland according to a Declaration of the 15 of this Month herewith published who returning only opprobrious and uncivil language presently mustered his whole power of men and Souldiers in Arms intending to surprize the said Commissioners and as could be imagined to destroy all those that had refused the said unlawful Oath and only kept themselves in their due obedience to the Common-wealth of England under which they were Reduced and Settled by the Parliaments Authority and Commission as aforesaid Then the said Commissioners in peaceable and quiet manner with some of the people of Patuxent and Severne went over the River of Patuxe●t and there at length received a Message from Capt. Stone That the next day they would meet and treat in the Woods and thereupon being in some fear of a party to come from Virginia he condescended to lay down his power lately assumed from the Lord Baltamore and to submit as he had once before done to such Government as the Commissioners should appoint under his Highness the Lord Protector It is therefore Ordered and Declared by the said Commissioners That for Conservation of the Peace and publick administration of Justice within the said Province of Maryland Captain William Fuller Mr. Richard Preston Mr. William Durand Mr. Edward Lloyd Captain John Smith Mr. Leonard Strong Mr. Lawson Mr. John Hatch Mr. Richard Wells and Mr. Richard Ewen or any Four of them whereof Captain William Fuller Mr. Richard Preston or Mr. William Durand to be alwayes one to be Commissioners for the well Ordering Directing and Governing the Affairs of Maryland under his Highness the Lord Protector of England Scotland and Ireland and the Dominions thereof and in his Name only and no other and to proceed therein as they shall see cause and as neer as may be according to the Laws of England To appoint and hold Courts for the due administration of Justice and Right in such places and at such times as they shall think fit and necessary And any of the Commissioners of the Quorum to issue forth Writs Warrants Subpoena's c. As also that they Summon an Assembly to begin on the 20th day of October next For which Assembly all such shall be disabled to give any Vote or to be Elected Members thereof as have born Arms in War against the Parliament or do profess the Roman Catholick Religion And the said Mr. William Durand is hereby appointed to he Secretary to the said Commissioners and to receive the Records from Mr. Thomas Hatton And Captain John Smith to be Sheriff for this ensuing yeer Dated at Patuxent in the Province of Maryland the 22 of July 1654. Richard Bennet William Claiborne CEcilius Lord Baltamore To all to whom these Presents shall come Greeting Whereas our Sovereign Lord the King by His Highness Commission under the Great Seal of England bearing date at Oxford the 28 day of February now last past Hath authorized Leonard Calvert Esquire Brother of me the said Lord Baltamore to Treat Conclude and Agree at and with the General Assembly of the Colony of Virginia for and concerning the Ascertaining and Establishing by Act of General Assembly there of Customs and Duties to be paid to His Majesty His Heirs and Successors in Virginia upon Exportation of Tobacco and other Goods and Merchandizes from thence and upon all other Goods and Merchandizes brought in and imported there other then for necessary supply for Clothing imported as by the said Commission more at large appeareth And whereas by a Contract or Agreement in Writing bearing date the day of the date of the said Commission made between our Sovereign Lord the King of the one party and me the said Lord Baltamore on the other party Reciting the said Commission herein before recited our said Sovereign Lord the King for the considerations in the said Contract or Agreement expressed Is pleased and hath agreed with me the said Lord Baltamore that in case a certainty of Customs and Duties shall be Established by Act of General Assembly of the said Colony of Virginia according to the tenor of the said Commission That then His said Majesty will make a Lease or Grant to me and such others as I shall desire to be joyned with me of the same Customs and Duties which shall be established as aforesaid for such term and under such Rents and Covenants as in the same Contract or Agreement are expressed And that immediately after the Establishing of the said Customs and Duties as aforesaid and until such Lease or Grant shall be made as aforesaid I the said Lord Baltamore and such as I shall appoint shall be the Receiver or Receivers Collector or Collectors of all such Customs and Duties as shall be established as aforesaid to the proper use of me the said Lord Baltamore my Executors Administrators and Assigns without accompt paying certain Rents Salaries and Entertainments in the said Contract or Agreement expressed and mentioned And His Majesty hath by the same Contract or Agreement Constituted and Ordained me the said Lord Baltamore and my Deputy or Deputies to be appointed by me to be his Collector and Receiver of all Customs and Duties which shall become due and payable to His Majesty as aforesaid as by that part of the said Contract or Agreement which is remaining with me the said Lord Baltamore being under the Great Seal of England more at large appeareth Knowye now That I the said Lord Baltamore for divers good Causes and Considerations me thereunto moving Have substituted ordained made and appointed And by these Presents do Substitute Ordain Make and Appoint to be my Deputy in this behalf and do by force and vertue of the same Contract or Agreement Authorize and put the said in my place and stead and to the use of me my Heirs Executors Administrators and Assigns to Receive Collect and Gather all such Customs and Duties whatsoever as in pursuance of the before recited Commission and Contract or Agreement shall be established to be paid to his Majesty his Heirs and Successors in Virginia aforesaid by Act of General Assembly of the said Colony and out of the same to pay and discharge all such Rents Salaries and Entertainments as by the said Contract or Agreement are mentioned to be by me paid and discharged rendring to me my Executors Administrators and Assigns the Overplus or Remainder of the same Customs and Duties Giving and hereby Granting unto the said as full Power and Authority to recover and receive the said Customs and Duties to be Established as aforesaid to the use aforesaid when the same shall grow due and to give Acquittances and Receipts for the same and to Substitute and Appoint one or more Person or Persons under him in this behalf and the same to re●●ke at his will and pleasure and to pay and discharge the said Salaries and Entertainments as I my self have or may or might claim to have by force and vertue of the said Contract or Agre●ment And further to do execute and finish all and every such further and other Acts and things whith shall be expedient and necessary to be done by the said touching the Premises by reason of his being my Deputy as aforesaid as effectually as I might do the same being personally present Ratifying Confirming and Allowing all and whatsoever the said shall do or cause to be done in the Premises in pursuance hereof In witness whereof I the said Lord Baltamore have hereunto put my Hand and Seal at Arms the tenth day of April 1644. Annoque Regis Carols Angl. c. vicessimo C. Baltamore FINIS
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 Sea-shore 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 sommens But we think it agreeing to reason that he should people it 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 s●ld to the Indians though not altogether so openly as among the Swede●● 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 that Patent appears to be surreptitiously and illegally gotten and if the Lord Baltamore takes a way those Lands from them who have also purchased the Interest of the Natives a Right not inconsiderable 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 Vs and Given under our hand 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 it self 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 Commmonwealth 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 taken 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 Recorded there by a Committee of that Assembly But 't is known that Governor Green was deposed by Lord Baltamore for suffering that Committee and not for proclaiming the King's Son as he aleadgeth when no such thing appears in rerum natura nor no word in all his many Instructions of the Parliament much less of his pretended affection to them or their friends but clean contrary And
at length after three yeares suffering Captaine Claiborn was forsibly dissei●d and dispossest of his plantation in Kentish Island and forced for safety of his life to fly into England and ever since the 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 L B. 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 year of out Dominions over the said Province That he hath likewise appointed an upper 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 succadg as of the Mannor c. That the Oaths hereafter mentioned must be taken by all that shal bear Office or shall in habite 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 fi● The Oath of the Lievtenant 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 Ill●nds 〈◊〉 unto belonging Will at all times Dfend 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 〈◊〉 Government of the said Province from any person or Authority but by from or under the hand and Seale at Armes of his said Lordship or his Heires or Assignes Lords and Proprietaries of the said Province I will faithfully serve his said Lordship as Lievtenant 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 executes 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 repeals them on 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 aff●ction or any other cause let hinder or delay Justice to any but shal truly execute the said Office and Offices respectively according to his said Lordships Commissions to me in that beha●f 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 the●in but I will prevent resist and oppose it with the utmost of my power 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 no his or her free exercise thereof within the said province so as they be not unfaithful to his said Lordship or molest or conspire against the civill Government established under him nor will I m●ke any difference of persons in conferring O●fices Rewards or Favours proceeding from the Authority which his Lordship hath conferred on me as his Lietenant here for or in resp●ct ●o ●heir said Religion respectiatly but meerly as I shall find them faithful and wel-deserving of his said Lordship and to the b●st of my understanding endowed with morall virtues and abilities fi●●ing for such Offices Rewards or Favour● wherein my prime aim and end shall be from time to time 〈◊〉 the advancement of his said Lordships service here and the publick unity and good of the Province without partiallity to any or any other fini●●ster end whatsoever And if any other Officer or persons whatsoever shal during the time of my being his said Lordships Li●vtenant here without my consent or privity molest or disturb any p●rson within this province professing to beleeve in J●sus Christ meerly for or in respect of his or her Religion or the free exercise thereof upon notice or complaint thereof made unto him I will apply my power and Authority to rel●eve any person so molested or troubled whereby he may have Right done him for any damage which he shal suffer in that kind and to the utmost of my power wil cause all and every such person or persons as shal molest or tro●b●e any other person or persons in that manner to be punishment I wil faithfully serve his Lordship as his Chansellor Keeper of his great Seal of this Province committed to my charge and custody by his said Lordships Commission to me to the best of my skil and understanding I wil caus● the impression in Wax of the said Seal to be affix●d to all such things as I have or shal from time to time receive commission or ●arrant for so doing from his