Provincial Court Proceedings, 1659. 315

Lordship, according to Act of Assembly in that Case prouiding: To
shew cause why the Seuerall Lands or plantaons seated & planted by
them, should not bee seized into the L^d Proprietaries hands; They
hauing not performed the Condicons of Plantadn propownded &
graunted by his L^p, whereby they be made capable & assured of
enioying the same.
In answere thereto George Dorrell Sayth, That hee hath not sub-
scribed the Ingagemt neyther will he make oath of ffidelity to his
L^p. And further that part of the Land hee now enioyeth, was taken
up by him uppon his owne Right, for his Transport. And part he
purchased & bought of Richard Yowng Deceased, before the En-
gagem^t was propownded or tendred according to the Act.
James Homewood & Thomas Homewood say the same Touching
the Engagem^t & Oath of ffidelity. Yett they presume to haue Right
to the Land they enioy for that they made Oath of ffidelity in Cap^th.
Stones time of gouerm^t & Seating their Lands uppon his L^ps promise.
Co^ll Nathaniel Vtye being desyred by the Gouerno^r to deliuer his
Opinion in this Poynt. Sayth. That those poeple who deny to
comply w^th & fullfill such Condicons of Plantadn propownded by his
L^p. Ought not to enioy their Lands, allthough seated by them.

Liber
P. C. R.

M^r Edward Lloyd Sayth, That the Articles not being performed.
The Land to belong to the Proprietary. Yett in his Judgm^t there
ought to be some Consideraon allowed for paynes of clearing, &
charges of building uppon the same.
M^r Secretary. That noe one can claime any Land in this Prouince
but Conditionally. That those Condicons are not p^rformed by those
th^t haue not subscribed the Engagem^t. And therefore that the Lands
of the non-subscribers be seised into the hands of the L^d Proprietary.
Gouerno^r. Whereas the Lord Proprietary did graunt Land to
those, who transported themselues into the Prouince: prouided that
they fullfilled such Condicons, as his L^p had thereunto annexed. W^rch
those poeple who did not take the Oath of ffidelity, or in roome
thereof, who did not subscribe the Engagem', & doe still refuse soe to
doe haue noe Right or Tytle to the Land by them taken up, And th^t
the Lands be therefore seized into the hands of the Lord Prop^r.
It is therefore Ordered th^t the Land of the s^d George Dorrell, &
the Lands allso of all the other seuerall Inhabitants of the County of
Anarundell refusing to take the Oath of ffidelity to his L^p or sub-
scribe the Ingagem^t, according to the Condicons of Plantadn by his
s^d L^p propownded, & instructions thereunto annexed, be forthw^th
seized into the hands of the L^d Proprietary.

p. 283

Was Called afore the Board Edward Coppage, & taxed, for th^t
being warned by the Sheriffe of Kent County, & prest by him (by
order & uertue of Commisⁿ from the Gouerno^r) to assist him the s^d
Sheriffe in a Boate uppon the Country seruice, for making, or con-

Attorney
General v.
Coppage
Writt
Exeqⁿ
Vide fol. 287