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The Capital and the Bay: Narratives of Washington and the Chesapeake Bay Region, ca. 1600-1925
The Calvert papers, Vol INo. 13. CECILIUS, LORD BALTIMORE, DECLARATION TO THE LORDS.
[Superscription.]
Cecil
The Lo: Baltemores
Declaration to the
Lords.
To the Right Honoble the Lords Co??issioners for forreigne Plantations.
The humble Declaration of the Lord Baltemores proceedings in the procuring & passing of his Pattent of the Province of Maryland adioyning to Virginea, and of seuerall vniust
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molestations which some of the old dissolued Company of Virginea haue giuen him both before & since, to his great preiudice.
The Lor Baltemores ffather having disbursed neare 20000 lbs. besides the hazard of his own person in a Plantation in Newfoundland, a countrey proving not habitable for the great colds in winter. And having therevpon transported himself his wife, goods and family to Virginea wth intent to plant and reside there, where he had been an Adventurer; did for that purpose leaue his family there; and vpon his arriuall in England became an humble Sutor to his Matie for that part of Virginea wch lyeth between the River of Passamagnus and the prsent Planta??n of Virginea on James Riuer towards the South.
The 20th of Feb. 1631. His Maty referred the considera??n thereof to the right honoble the Earles of Dorsett & Carlile, the Lo: Viscount Wentworth and the Lo: Cottington, or any three of them: and their said Lops having well weighed the said request did 23 of Feb. 1631 signifie his Maties pleasure to Mr Attorney Generall that then was, for drawing a Bill conteyning such a Grant to him and his heires, Wch was so done by Mr Attorney and his Maty Signed the same.
The matter being thus farr proceeded, some of the old dissolued Company of Adventurers to Virginea, seeming discontented therewith pretending that some of them the next yeare after determined to settle people on the South Side of James Riuer, for the planting of Sugars, it being the most Southerly and best part of all Virginea and no other but that fitt for that purpose, and that this Grant would much priudice them in this their designe wch the late Lo: Baltemore conceauing they did really intend, was unwilling to hinder so good a worke or to disgust them or any other as farr as in reason was
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fitt, though it were to his owne priudice, and therefore vpon his humble sute his Maty tooke the matter againe into considera??n and made a new reference to the Earles of Arundell & Carlile, the Lo: Viscount Wentworth and Lo: Cottington, who considered not only of the said pretences, but also of the late incroachment of the dutch nation in those parts, who haue planted and fortifyed themselues northward between the old Colony of Virginea, and the English Colonies planted in New England. All wch being by their said Lops represented to his Maty they did (according to his Mats direccons) by a Warrant vnder their hands dated in March following to Mr Attorney Sewall that then was declare his Royall pleasure to be that the said Lo: Baltemore should resigne his former Grant wch was only passed his signature, and haue an other Grant of a tract of Land lying a great way distant northward from the old Colony of Virginea. And accordingly a Bill was prepared, which passed the Priuy Seale, and then before it could passe the great Scale of England, the said Lo: Baltemore dyed.
After whose death, the now Lo: Baltemore became an humble Sutor to his Maty for the continuance of his said royall favor and his Maty gaue warrant dated 21. of Aprill next following to Mr Attorney Generall that then was to draw a new Bill for the granting the said Lands to him & his heires, wch passed likewise the Priuy Scale.
Then some of the said old dissolued Company moued his Maty for the stay of that Grant. also, vpon pretence of promises by proclama??n and otherwise from his Maty (since the dissolu??n of the old Pattent of Virginea) for the referring the old Companyes right to all things formerly granted them in that Pattent excepting the Gouernment and for the renewing of their pattent to that purpose, within the
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whereof, the Lo: Baltemores Countrey was included: and his Maty vpon their great importunity againe referred the matter, as they desired, to the late Lo: Treasurer and the Earles of Dorsett & Carlile, who heard both parties and all matters that. are now in question before yor Lops were then at full heard & considered of, and pticularly that of Capt. Clayborne's prtences to the Island whereon he is lately planted, was much insisted vpon by Sr John Worstenholme. But it then appearing to their Lops first that their old Pattent was legally dissolued, not only to the point of Gouernment as they pretended, but to all other purposes whatsoeuer, and that consequently the Countrey formerly granted them was wholy in the Kings hands to dispose of, and that those promises wch they pretended from his Matie by his said proclamation and otherwise were not to reserue to the company any incorporate right, or to renew their Corpora??n (wch his Maty is so farr from promising therein to doe, in any kind whatsoeuer, as for the reasons therein alleadged, he rather declares his inten??n then to be directly contrary, but to confirme only euery pticuler mans propriety & right to any Planta??n wch any had settled there, or assignemts of Land made vnto them during the time of the said Companyes Pattent being in force, when any of them should desire it, as may appeare by the Proclamac??n; and it being also at that tyme made appeare vnto their Lops that although the tract of land then intended to the Lo: Baltemore, were within the lymits of the old Companies Pattent, yet that it did not infringe or trench vpon any such plantacon or assignement as aforesaid; excepting in one part of a Peninsula contayned within the said Grant, wch part of the Peninsula was therefore afterwards excepted out of his Grant: and that Capt: Cleyborne about the time of passing the said Grant wch was many yeares after the dissolu??n of the
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said Companies pattent; had without any legall authority deriued from his Maty; seated himself in an Island where now he is, within the Bay of Cheasepeack (wch is within the prcincts of the Lo: Baltemores pattent) and aboue 100 miles northward distant from James Riuer, the prsent scitua??n of the old Colony of Virginea, of purpose to remoue himself farr from all gouernment, being euer obserued to be a man of a factious Spirit, as did appeare by many of his former actions; their Lops therevpon againe made certificate vnder their hands to his Maty dated 5 of June 1632. that they thought fitt that the said last Grant should passe to the now Lo: Baltemore & his heires, excepting only a great, part of the Peninsula aforesaid whereon some of the old Colony had long before planted themselues during the time of the old Companies pattent being in force, and accordingly a new warrant from his Maty dated 7. of June following, was directed to Mr Attorney Generall that then was, to alter his Grant in that point, and to prepare a new Grant of all the rest wth that excepc??n only; wch passed the great Seale of England, it being not a fortith part of the Territory belonging to Virginea, as may appeare by the Cards & Mapps of those Countreys, if yor Lops please to peruse them.
After all wch the yeare following the Lo: Baltemore having to his great charge made prparation of Shipps and provisions for the transporta??n of people to begin a planta??n in the said Countrey so granted vnto him; some of the old dissolued Company, a litle before the going forth of the said Shipps, being transported with spleene, (as he conceiues he hath reason to doubt) and of purpose to molest him in his proceedings, well knowing how priudiciall a litle delay would bee vnto him at that time; againe prferred a declara??n to yor Lops of the prtended iniuries done vnto them by the said
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Grant, formerly so much debated & considered of as aforesaid, and hoping at last (as it seemes) to advantage themselues by importunity and multitudes, they brought 30 or 40 of their Company before yor Lops and all matters formerly considered of, concerning that busines, were then againe debated of at large, and pticulerly that of Cleybornes pretences to the Island wherein he is, was againe much insisted vpon, in their declara??n, as by the Copy of it, will appeare: and when they were out of hope of overthrowing the said Grant, then did they moue, that at least they might haue an independent liberty of trade wth the Indians within his precincts, well knowing the prejudice wch they should do him if they obtained that liberty; but it then appearing to yor Lops as well the weaknes of their former prtences in other things, as likewise the injustice & great inconveniency of this last motion of theirs.
ffirst, in that it was the Lo: Baltemore's right by his pattent and the only prsent benefitt, (though small and not likely to be permanent,) that was probable to be made, towarde the defraying of part of the great charge of the Planta??n, and therefore neither in Justice nor equity fitt that any others who did not contribute to the planting of the Countrey should depriue him of it:
Secondly in that it was very inconvenient & dangerous for him and his planta??n to pmitt it, because thereby he should giue those who were not well asserted to his planta??n, and whom he had noe power to regulate a meanes to spoile the markett of that Trade, as likewise to pick quarrells, and doe iniuries to those Indians who were Neighbors to his planta??n, and who would be apt to revenge vpon his Planters all such wrongs done them, when those who did them were gone, the Indians making no difference between them being all of one Nation; Yor Lops therevpon thought fitt by an Order at the
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Starr chamber 3 of July 1633 to dismisse the busines, and to leaue the Lo: Baltemore to the right of his Pattent.
All wch just and faire proceedings in the passing of wch pattent ought to haue been sufficient (as is humbly conceiued) to debarr any man from any further importunity in opposing his Mats gracious Act vnder the great Seale of England, so advisedly & considerately done, especially there having been really no such promises made by his Royall Proclama??n aforesaid, as could any way either in honor or otherwise oblige him to forbeare to make such a Grant vnto the Lo: Baltemore:-- But only were and are suggested by them either meerely to priudice and molest his good endeavors for the enlargment of his Matys Empire in those parts; or for some other ends besides planting; ffor if their intentions in this their importunity to haue their Corporation renewed, were and are meerely to haue power thereby to plant, any of them hath might and may yet, without pressing for any such thing, haue Land enough assigned them for that purpose, from his Mats Gouernor and Councell in Virginea, as many others, both old and new Plantrs and Adventurers, from time to time, since the dissolu??n of the old Company haue had, and dayly haue, and vpon as good conditions as any perticular person of them either had or could haue had, when they were in an incorporated Body; there being more Land vnplanted and vndisposed of then them these many yeares, and such land as is more Southerly and better then that wch is granted to the Lo: Baltemore, wch pticuler assignemts also, his Maty no doubt, would afterwards be pleased to confirme vnto any of them as they should reasonably desire, and as he was graciously pleased to promise, by his said Procla??n, to those who had any planta??n seated or any assignement of Land there, during the time of the old Corporation.
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But none of those, who haue so much troubled his Maty and yor Lops in this busines, haue any Planta??n or people setled in Virginea, neither haue any of them begun any planta??n for sugars on the South parts of Virginea, as some of them vpon the late Lo: Baltemore's first Grant of that part, aboue menconed (wch is now 3 yeares since) prtended very earnestly to doe, or done any thing els since, concerning the planta??n of Virginea, but importuned his Maty and yor Lops for the renewing of their Corpora??n, and raysed trouble both here and there agt the Lo: Baltemore and his Plantation.
Now for as much as the said Grant was made vpon such mature deliberation vpon so many seuerall references, warrants and certificates (the Copies whereof are ready to be prsented vnto yor Lops) And for asmuch as the said Lo: Baltemore hath therevpon disbursed by himself and his freinds aboue tenn thousand pounds for the setling of a Colony of his Mats Subiects in the said Countrey, having sent two of his Brothers thither (one of whom he hath since lost vpon the place) and having seated already aboue two hundred people there. Hee humbly beseecheth yor Lops to the end he may be no further vniustly molested by any of the old dissolued Company of Virginea, but may peaceably & quietly enioy his Mats gracious Grant vnto him, and the right, wch he (in confidence thereof) hath since so deerly bought by the expence of so great sumes of money, the loss of one of his Brothers and severall others of his freinds, and many other troubles wch he hath since vndergone, in the prosecution of it, That yor Lops would be pleased vpon these considerations; To make a finall Order that the old dissolued Company of Virginea shall be heard no more in their said vniust prtences against his Pattent, because the often questioning of his right, though it be vpon vniust grounds, doth much priudice him in
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his proceedings, Nor that any other order do passe from this Honoble Boord wch may priudice his right or cause any suites in Law between them, ffor that would much endanger the ouerthrow of his Plantation which is now in a good forwardnes to perfection, and consequently his and many of his freinds vtter ruine, in respect that the greatest part of their fortunes are therevpon engaged.
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