Proceedings of the Council of Maryland, 1657-1660. 359

when he was conceaued a freind to his Lordships interest &
before his actuall Rebellion w^ch was not before the yeare 1655,
& also at a time when the said Marsh had taken an oath of
Fidelitye to his Lordship though not that Oath by his Lord-
ships Condicons of plantacon then required in contemplation
of w^ch he did really beleeue the said marsh might then at the
time of the passeing his bill of sale to the said Manning haue
had a pattent for the said Land if had sued for itt.
Wherevpon the board Considered that Notwithstanding the
Oath by the said Marsh alleadged to be taken might perhaps
haue induced the then officers to haue Granted a pattent to
the said Marsh Yett that that Oath in truth not being the Oath
w^ch could intitle any man to land by vertue of his Lordships
condicons of Plantacon & being vtterly reiected by his Lord-
ship vpon notice Given him of itt & the true oath expressly
enioyned to be taken by all before any patients of land should
passe to them respectively; the Heires Executors or Adminis-
trators of Marsh seemed to be obliged to make themselues
capeable of the Condicons of Plantacon by takeing the engage-
ment according to Articles & Act of Assembly before the said
Manning can haue any Grant of the said land & that the
Rather because the said Marsh after Oath so taken (w^ch might
haue induced the Officers to haue passed a Grant in his Lord-
ships name to him the said Marsh) had neglected to take out
his Grant within a yeare as by his Lordships Condicons of
plantacon is required. Yett this being a leading Case to many
others of the like nature, & the Heire to Marsh being nowe &

Liber H. H.

euer since the Articles were made by w^ch the Engagement is
imposed) absent out of the Province & the case depending
also vpon his Lordships pleasure

Resolved

That the further debate of this businesse be putt of till the
first letters be receaued from his Lordship and that then
Thomas Manning Gent: be heard and that in the meane time
no thing be admitted to the preiudice of the title of the said
Manning.

At a Councell held at S^t Marys 23^o Februarij 1658.

p. 36

Present

The Governor
The Secretary
Cap: W^m Stone
M^r Job Chandler

M^r Luke Barber
M^r Robert Clarke
M^r Baker Brooke