Colonial 5ly The then king Charles by his Proclamation 13th May P. R. O. Anno primo declared that his aime was to reduce the Govern- Papers. ment into such a right course as might best agree with the forme held in the rest of his Monarchy and not intended to impeach the Interest of any Adventurer or Planter. 6ly The Lords of the Counsell by theire Letters dated October 24th 1625 signifyed that the King's pleasure was to preserve every man's perticuler right and the Planters to injoye theire former priviledges with addition of other requisite immunities, encouraging also the Planters to discoveryes by sea and land, and to perfect the trade of Furrs, which Letter according to theire Lordshipp's Command therein expressed was published in Virginia for theire encouragement. 7ly The King also for the encouragement of the Planters by his Royall Letters 12th September 1628. was pleased to promise thereby, to renew and conferme unto the Colony under the great seale of England their Lands and Priviledges formerly granted them. 8ly And when the Generall assembly consisting of the Governor, Counsell and Burgesses of the whole Colony complained to the Lords of the Counsell of the interruption of theire trade by the Lord Baltamore's deputies, theire Lordships were pleased by theire Letters of the 22 July 1634 to signify that the Plantation of Virginia should enjoy theire estates and trades with the same freedomes and priviledges as they did before the recalling of theire Pattent. By all which itt appeares that howsoever the Government could not be reduced from that populer forme of the Company in England but by renovation of the Patent it selfe. Yett in respect of both the King's declarations and the Lords order the Adventurers and Planters of Virginia as to theire rights and Priviledges according to the rule of equitie, remaine in the same, condition, as if noe such judgement had bin given. But they often answere here unto to this effect though not truly neither. That the Lord Baltimore's Patent, takes in noe part, that the Virginians had then planted, and soe the Interest of all men is preserved, and that Maryland is noe other then as a perticuler Plantation, as the Company used to grant to divers Adventurers, and Planters, and that the king might doe as much as the Company while they stood. Ans: 1. Wee replie that the Adventurers and Planters were encouraged to expend theire estates in soe vast a proportion and to hazard theire lives in all extremityes allwayes accompanying new beginnings, in hope that theire shares upon the division of the Lands (being 200 miles along the sea shore, and into the land from sea to sea) would recompense them and theire heires. This interest by this Patent of the Lord of Balti Colonial P. R. O. mores, comprehending two degrees, which is six score miles, is wholy taken from them, and scare is theire any roome for any Adventurers to take up any Land due unto them. Papers. 21y All Adventurers of the Company were Tenants in Common to all the land which was not actually devided and sett out, and theire claime cannot justly be wipt out thus, and yett theire interests sayd to be reserved. 3ly That the Lord of Baltimore might have as large a proportion of Land as ever was granted to any by the Company, but wee thinke agreeing to reason that he should people it and either showe his right to it by the Adventure of people sent over to plant it, which was by the Company appoynted to bee. 50 acres to everie person transported thether, or als to have soe many shares of land as hee can shewe right to by the Adventure of money in the old stocke, otherwise how unreasonable is it hee should possesse two third parts of the Bay of Virginia, which may trulie be sayd to be as bigg as the kingdome of England and Scotland and yet now in seventeene yeares, have not more men there, except such as have gone from Virginia, then can or doe plant three or fower hundred acres, and those cheifly imployed in Tobacco, and the great name of Maryland is in effect made but a factorie for trade a nursery of Jesuites and a barr to keepe of other planters, from the best and temperatest parts of the Country, which being farther remoate from the sea, and more Northward are thought some what healthfuller then the lower parts of Virginia. 4' 41y Wee say that after wee had discovered and brought the Indians of those parts of Maryland to a trade of Corne and Bever, by vertue of the King's Instructions under the broad seale with expense of our bloud and estate and exercised annuall entercourse with them above eight and twentie yeares How can it be said that our interests are preserved, when wee are interdicted this trade, our vessells and goods seized, our persons imprisoned and men slaine and the whole trade assumed onely to the Lord Baltimore's use. 5ly Wee clearely claime right by possession haveing planted the Ile of Kent almost three yeares before ever the name of Maryland was heard of, and Burgesses for that place setting in the Assemblyes of Virginia whereby it is evident that the Lord of Baltimore's suggestion to the king that those parts were uncultivated and unplanted, unlesse by barbarous people not haveing knowledge of God, was a misinformation, and by it that Patent appeares illegally gotten. And if the Lord Baltimore takes awaie those lands (who have also purchased the interest of the Natives a right not inconsiderable) and seize theire goods and that in an hostile manner as hee hath done, Colonial How can it be sayd, those mens rights and interests are pre- P. R. O. served, they being the first discoverers of that Iland by vertue Papers. of the King's Commission, and planted there under the Government of Virginia, on the confidence they apprehended from the former asshurances, and there begann in greate part the trade of Furrs, which is now usurped by the Duch and Sweeds, the Lord Baltimore not being able to manage it himselfe. How unjust an intrusion then will the Lord of Baltimore's Patent appeare, which overthrows the Interests of soe many Noblemen, Gentlemen and poore Planters (for the Company of Virginia were of a nature diversified from other Companyes) which if it had not been founded on soe good grounds, yett theire zeales and pious Indeavors to propagate the true Christian Relligion, to enlarge the English Dominions and to encrease the trade and strength of shipping and considerably the Customes, doth deserve Justice with addition of a reward for soe honorable and good intentions. Claiborne contra Clobery & al May 1640. 1649. vigore Commissions ex [curia?] sua in hujusmodi Causa decret sequit' viz'— Thomas Sturman de insuł Kant in Provincia de Maryland etatis 56 Annox aut eo circiter natus infra parochiam de Hadnam in Com Buck Cooper testis in hac parte produc Juratus et examinatus dicit et deponit Ad 21. Articulum dicit et deponit That the said Thomas Sturman was one of the servants that came over in the said shipp the Sarah Elizabeth, and that the supplie of goods and servants sent in the said shipp by the said Cloberry and Company att the time articulate was brought upp to the articulate Island, by the articulate John Goodfellowe, and were consigned to the said Eveline, and that the said Eveline was present att the landing and houseing of them upon the articulate Plantation, and that the articulate Claiborne did not (to this deponents knowledge shew any dislike thereunto but he heard the said Evelin intreat the said Claiborne to advize and assist him the said Evelin in the employment of the said servants and goods as being better experienced in the said trade and Plantation then he was, and that thereupon the said Claiborne did accordinglie yield his best assistance and advise therein, and by theire Cariage each to other in this deponents sight, he beleeveth they did agree Papers. P. R. O. well together, and that the said Evelin did the same day the Colonial said goods were landed att the said Plantation, take some pieces of the trading Cloath then sent over and took with him alsoe certaine Axes into the Pinnace Elizabeth and did goe a trading into Patomeck River, as this deponent hath heard by some of the servants that were with him, but whether the said Evelin hath given any account thereof, this deponent knoweth not. Ad 22 Articulum dicit et deponit that the said Claiborne in or about the middle of May 1637 being in preparation to come for England, as the said Clobery told this deponent he should doe, the said Claiborne did in the presence and hearing of this deponent and of divers free men and servants assembled upon the Plantation make offer unto the said Evelin upon condition that he the said Evelin would give the said Claiborne for the use of the said Clobery and Company a Bond of £3000 that he the said Evelin should not sell nor make away the said Plantation or Ilands or any part thereof unto the Marylanders or any other and not remove or carry away any of the servants from the said Iland, that then he the said Claiborne said, he would deliver unto the said Evelin all the goods, servants or whatsoever belonged to the said Clobery and Company in the said joint stocke account to the Inventory thereof made and prepared by the said Claiborne and the said Evelin Ad 26 Articulum dicit et deponit That the said Evelin about Midsomer 1637 or thereabouts came unto the Plantation aforesaid and did there by vertue of the Articulate letter of Attorney take possession of all the Plantations, Houses, Goods, Papers. Mills, Servants and whatsoever belonged to the said Clobery P. R. O. and Company, without any hindrance or interruption from the Colonial articulate John Butler, William Blizard, or any other in the said Claiborne's right, this deponent being then and there present, that the said Evelin did leave John Walker Overseer of the said houses, goods, mills and servants and John Sturman sonne to this deponent kept the bookes for the said Walker, and that the said Evelin did order and direct all the said servants concerning theire Labours, and the said servants did obey the said Evelin as they had formerly done the said Claiborne, And that the said Evelin did appoint divers of the said servants for the makeing of Pipe staves to worke with this deponent and Thomas Keyne Coopers that is to say Howell Morgan, Thomas White, John Sturman, Roger Baxter, William Porter, Samuell Scouell and Mathew Royden, with said servants made thirty five thousand Pipestaves before the Government of Maryland tooke possession of them, and that the said Evelin did appoint Robert Turtle Millwright to grind Corne at the Mill, and alsoe did appoint Phillipp West, John Hobson, William Williamson, to worke with the said Turtle in makeing of a new Mill, And that the said Evelin tooke away William Porter from makeing Pipestaves to tend the Mill in the said Turtle's absence, and that the said Evelin did lett Originall Browne, goe free before his time was expired, and that Thomas Ardley and John Scarbrough theire times of service were sold and turned over to Servant Hugh Keyward for the quantity of 600lbs of Tobacco to be paid yearly during theire service, he this deponent being present att the bargaine makeing, and that the said Evelin sold Edmund Parry his time of service for 300lbs of Tobacco att the same time And this deponent hath heard that he the said Evelin sold Vincent Mansfeild time of service to Nicholas Wright for 200lbs of Tobacco, and that the said Evelin sold John Walker his time for 400lbs of Tobacco yearely, and he this deponent hath seene the Couents betweene them, and that Monjoy Evelin was (as this deponent heard the said Capt: Evelin say) by him the said Evelin left with the king of Patomeck to learne the language, and had severall parcells of Trucke with him, but the certaine quantity of Beaver, Corne or other Commodities received therefore, this deponent knoweth not, but beleeveth he had a good quantity to the valew of eighty or a hundred pound, and that the said Evelin did transport and carry to Maryland John Ascu, Edward Deering, Andrew Baker, William Williamson, and his wife, John Hatch, Phillipp West, John Dandy, Thomas Baker, and John Hobson, all which were servants to the said Clobery and Company, and did there att Maryland sett them to worke upon a Plantation (as this deponent hath heard Mr Carington |