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as Laws there do hereby Consent that our said Lieutenant
William Stone shall propose the said Acts or Laws hereunto
annexed as aforesaid to a General Assembly or Assemblies of



Proceedings of the Council of Maryland, 1 648- 1 6 5 5 . 221

the freemen of our said Province or their deputies and in case Liber c.
the said freemen or their deputies or the Major part of them
in any such General Assembly within our said Province shall
within twelve months after the date hereof ^ive their Consent
that all and every of the said Acts or Laws jointly Contain'd
in the said three Sheets of Parchment hereunto annexed shall
be enacted for Laws within our said Province by us or our
Lieu' there for the time being in our name in such manner and

form as they are there written or drawen

without any alteration addition or diminution to them or any
of them We do in that Case & not otherwise herel^y declare
Our Assent also, th' all & Every of the s'^ Acts & Laws may &
shall be enacted And we do in that Case and not otherwise
hereby Enact them for Laws within our said Province and do
also in that Case and not otherwise declare our disassent to all
and every Law or Laws which have been at any time heretofore
Enacted or shall be enacted for Laws or Ordinances in our
name or otherwise within that our said before the publishing p. 212
of our Commission there for the making and Constituting of
the said William Stone our Lieu' of Our said Province excepting
nevertheless any Act or Acts Law or Laws whereby William
Clayborn now or late of Virginia was or is by that or any other
name attainted or Condemned of any Capital or other Crime
or Crimes or misdemeanors all and every of which Act or Acts
Law or Laws concerning any such Attainder or Condemnation
of the said William Cleyborn we will have still to Continue in
full force and Virtue any thing herein to the Contrary in any
wise notwithstanding Given under our hand and Greater Seal
at Arms at Bath the 1 2'^ day of August in the seventeenth year
of our Dominion over the said Province Anno Dni 1648

A Commission annexed to the p. 1S5

Conditions of Plantation
Anno 1648

Cecilius &c^ to our trusty and well Beloved William Stone
Esq' our Lieutenant of our Province of Maryland Greeting
whereas we have thought fit for divers Reasons to Revoke our
former Conditions of Plantation for our said Province of Mary-
land and to propose other Conditions of Plantation for the
future within the said Province which we send you herewitli
written in parchment under our hand and Greater Seal at
Arms bearing date the twentieth day of lune last past and
hereunto annexed and whereas we have likewise herewith sent
you certain draughts or forms of Grants the one of a Mannor
and the other of a Freehold under our hand and Greater Seal
at Arms bearing date with these presents and



2 2 2 Proceedings of the Council of Maryland^ 1 648- 1 6 5 5 .

Liber c. B. hereunto also annexed which forms we would have observed
and no other Mutatis Mutandis et repletis replendis in the
Granting of Lands within the said Province for the future by
Virtue of the said last Conditions of Plantation bearing date as
aforesaid or by Virtue of any other warrant hereafter under
our hand and Seal at Arms for Granting of Lands there ex-
cepting where we shall by any such warrant Give directions to
the Contrary we do therefore declare hereby that we have and
v^ do hereby Revoke from henceforward all former Conditions of
Plantation for our said Province of Maryland heretofore Pro-
posed by us so as we will not have any Land in our said Pro-
vince hereafter Granted from us to any Person whatsoever by
virtue of any of the said former Conditions of Plantation for
or in respect of the Transportation of any Person or Persons

p. 1S6 whatsoever into our said Province from and after the date
hereof and we do will and require you to publish this our
declaration in our said Province with all Convenient speed to
the end that all those whom It may Concern may take Notice
thereof and we do hereby authorize and require you till we
or our heirs shall signify our or their Pleasure to the Contrary
from time to time in our name and under our Great Seal of
our said Province to Grant Lands within our said Province to
all Adventurors or Planters to or within the same upon such
terms & Conditions as are expressed in the s'^ last Conditions
of Plantation and according to the form of Grants above men-
tioned and no otherwise without further and special warrant
hereafter to be obtain'd for the same under our or our heirs
hand and Seal at arms and whereas we are Given to under-
stand that as well divers French men as some People of other
Nations who by our former and also by these last Conditions
of Plantation are not Capable of having any Lands within our
said Province are already seated or may hereafter with ours or
you our Lieutenants Leave there for the time being seat them-
selves in our said Prov^ we do hereby therefore authorise you
to make any Person or Persons of French Dutch or Italian
Discent as you shall think fit and who are already planted or
shall hereafter Come and Plant in our said Province Capable
of our said last Conditions of Plantation and do hereby give
you Power to Grants Lands thereupon within our said Prov*"
unto them and every of them accordingly as well for and in
respect of themselves as for and in Respect of Any Person or
Persons either of British or Irish or of any other of the Dis-
cents aforesaid which they or any of them and also which any
other person of British or Irish discent shall hereafter with our

p. 187 or you our said Lieutenants leave transport into our said Pro-
vince in the same and in as ample manner and upon the same
terms and Provisoes are you are hereby our by our Commis-



Proceedings of the Coimcil of Maryland, 1648-1655. 223

sion to you for the Government of the said Province authorized wwi c. v,
to Grant any Lands to any Adventuror or Planter of I'ritish or
Irish discent within our said Province Provided always the
Demesnes of no Mannor within our said province which already
is or shall be hereafter set out and a[)pointed for our own par-
ticular use nor any part of our Mannor of West S' Marys lying
upon or near S^ Georges River in our said Province nor any
other Land within our said Province which hath been or shall
hereafter be Granted to any other Person or Persons from us
and is or shall be Confiscated or escheated again unto us or
our heirs shall be Alienated or Granted from us or our heirs
by Virtue hereof without our further and special warrant for
the same to be hereafter Obtain'd under the hand and seal at
Arms of us or our heirs any thing herein to the Contrary not-
withstanding Given at Bath under our hand and Greater Seal
at Arms the twentieth day of August Anno Domini 1648

Conditions Propounded by the Right Honble Cecilius
Lord Baron of Baltimore Lord & Proprietary of the
Province of Maryland &c^ to such Persons as shall go
to Plant in the Province afores'' which Conditions are
to Continue in force till other Conditions of plantation
for the said Province shall be published under his
Lordships or his heirs hand and seal at Arms within
the said Province.

What Person soever being of British or Irish discent (except
hereafter excepted) shall at his own or friends Charge Cause
to be transported into the Province of Maryl'' from any other p- 'SS
place himself or his Deputy with any Number of Persons of the
discent aforesaid and shall Observe the Conditions hereunder
mentioned there shall be Granted unto every such Adventuror
or planter for every twenty persons of the discent aforesaid
which he shall so in any one year at his own or his friends
charges Cause to be transported from any other place thither
a proportion of good land within the said Province Containing
in quantity two thousand Acres of English Measures to be
assigned and to lye all together in some one place within the
said province every which said two thousand acres shall be
erected into a mannor and be Conveyed by Grant under the
Great Seal of the said Province to him his heirs and Assigns
Respectively for ever with such Royalties and Priviledges as
are most usually belonging unto Mannors in Engl'^ to be
held by some honour of his said Lordships or his heirs within
his said Province in Socage tenure Rendering and paying
Yearly for the first (seven years) after the said Grant unto his
said Lordship and his heirs for every such Mannor at die two



2 24 Proceedings of the Council of Maryland, 1648-165 5.

Liber c. B. most usual feasts of the Year (viz' the Annunciation of the
blessed Virgin Mary and S' Michael the Arch Angell by even
and caquall Portions of the Rent of Forty Shillings Ster' in
Silver or Gold or the Value thereof in such Commodities as
his said Lordship and his heirs or his or their Officer or Offi-
cers appointed by him or them from time to time to Collect
and Receive the same shall accept in discharge thereof and for
the next fourteen years in lieu thereof forty Bushell of Wheat
yearly as is now usually Growing and used in England and
according to English measure or six pounds ster' in silver or

p. 189 Gold at the Choice of his Lordship and his heirs and after the
said fourteen Years in lieu thereof the twentieth part Yearly
of the Annual yield and profitts of every such Mannor or in
lieu thereof ten pounds Sterling in silver or Gold at the Choice
as aforesaid to his said Lordship and his heirs forever

2 The sixth part of the Land of every mannor which shall
be Granted by Virtue of the said Conditions shall be for ever
after Accompted and known for the demesnes of Every of the
said Mannors respectively which demesnes shall be set forth
in some one Convenient place altogether within every such
mannor by distinct meetes and Bounds for that Purpose and
shall never be Alienated separated or leased from the Royal-
ties and Lord or Lords of the said Respective Mannors from
time to time for the time being for any number of years or other
term exceeding seven years and the respective Lords of every
such mannor and their heirs shall have Power from time to
time and at all times hereafter to Grant or Convey any other
Part of the said mannor respectively (except the Demesne
Land of the same unto any other person or persons of British
or Irish discent either in fee Simple or fee tayle for life lives or
years to be held of him or them as of his or there said mannor
respectively by and under such Rents and Services as he and
they shall think fit not prejudicial to his Lordships Royal Juris-
diction there and so as all and every part of the said Lands so
to be Granted or Conveyed as aforesaid remain still Notwith-
standing still subject and Liable to the Payment of such Rents
dues and Services of every such mannor as are or shall be
from time to time reserved upon the Originall Grant thereof
from his said Lordship and payable to his said Lordship and
his heirs forever

p. 190 3 What Person soever of the Discent aforesaid (except here-
after excepted shall at his or his friends Charges cause to be
transported any less or Greater number of persons then twenty
of the discent aforesaid into the said Province from any other
place and shall also observe the Conditions hereunder mentioned
he shall have Granted unto him his heirs and Assigns respec-
tively under the Great Seal of the said Province for and in



Proceedhi^s of the Council of Mary land , 1 648-1 655. 225

respect of himself and every such person as aforesaid fifty Acres Libc-r c. h.
of Good Land lyinjr together in one place within the said Pro-
vince to be holden of some Mannor there of his Lordships and
his heirs in Socage tenure Rendering and paying yearly for
evry fifty Acres to his said Lordship and his heirs for the first
Seven years after the Grant thereof the Rent of one Shilling
Sterling in Silver yearly at the two most usual feasts of the
Year viz' at the Annunciation of the blessed Virgin Mary and
Saint Michael the Arch Angel by even and equal Portions or
the Value thereof in such Commodities as his said Lordship
and his heirs or his & their Officer or Officers appointed by
him or them from time to time to Collect and receive the same
shall Accept in discharge thereof and for the next fourteen
Years in Lieu thereof one Bushell of such Good wheat as is
now usually Growing and used in England or three shillings
Ster' in Silver at the feasts aforesaid by even and equal Portions
yearly at the Choice from time to time of his said Ldshps and
his heirs or of his or their Officer or Officers who shall be
Authorised by him or them from time to time to Collect or
Receive the same and after the said fourteen years in lieu
thereof the twentieth part of the Annual yield and Profits of
every the said fifty Acres yearly or in lieu thereof twenty shil-
lings Sterl in Silver or Gold yearly at the feast Aforesaid and
at the Choice aforesaid to his said Lordship and his heirs for p. 191
ever.

4 Every Adventuror or Planter his heirs and Assigns shall v ^ c
Cause so many Persons of British or Irish discent from time
to time to Reside or Inhabit upon the Land Granted to him or
them in the said Province as are required by the said Conditions
to be transported thither for the Granting of the said Land and
in default thereof at any time upon a warning Given unto him
or them by such Officers of his said Lordship or his heirs as
shall from time be appointed for that Purpose for supply of the
same such Adventuror or Planter and his heirs and Assigns
shall within one year after such Warning given supply the
number of Persons that shall be so wanting to reside and in-
habit upon the same or in default thereof to pay unto his said
Lordship and his heirs two Bushells of good wheat yearly such
as usually Grows in England for default of every such person
so wanting till such Adventuror or Planter and his heirs and
Assigns shall Comply with this Article of these Conditions
according to the true intent thereof and if the said default
Continue for three Years together then for every man that
shall be so wanting as aforesaid to inhabit and reside upon the
said Land it shall be lawful for his said Lordship and his heirs
to seize upon fifty Acres of the said Land whereon there shall
be at the time of such Seizure no Person of British or Irish



2 26 Proceedings of the Council of Maryland^ 1 648-1 655.

Liber c. B, discent then residing or inhabiting and let the same to any
other Person for any term not exceeding three Lives or one
and twenty Years upon such terms and Conditions and under
such Rents and Services as his said Lordship and his heirs
shall think fit paying such Adventurors or planter and his heirs
and Assigns a tenth part of the Rent that shall be paid by any
such Lessee for the same over and above the quit Rent to his
p- "92 said Lordship and his heirs reserv'd upon the Originall Grant

which shall be first deducted and payed
c^ /&- 5 Every man Servant of British or Irish discent that shall be
/ transported into the said Province at the Cost and Charges of

any other Person or Persons whatsoever of the same discent
shall at the Expiration of the Time of their Service so as it be
not under three years after their Arrival there be accompted a
planter within the said Province and shall have so much Land
Granted unto him his heirs and assigns there from his said
Lordship and his heirs and upon such terms and Conditions
as if such Servant had transported himself into the said province
at his own proper Cost and Charges

6 It is not intended that any Adventuror or Planter shall
have any Land Granted unto him or them for any Person for
or in respect of whom any Land in the s'* Province at the time
of such Grant hath been formerly Granted by his said Lordship

7 Every Adventuror or planter that shall have any Lands
granted unto him by Virtue of these Conditions before any
Grant be delivered to him and before it shall enter to his Benefit

. shall take within the said Province the Oath of Fidelity to his
Lordship and his Heirs Lord and Proprietarys of the s*^ Province
hereunder specified

gthiy Every Adventuror or planter that shall have any Lands
by Virtue of these Conditions shall pay such fees to his Lord-
ships Officers within the said Province for their Respective
Grants of the said Land as are or have been usually paid to
the like Officers in Virginia for the like Grants in that Colony
p. 193 or as have been paid for the like in Maryland or as is or
shall be appointed by Act of a General Assembly there so as
they be not less then then the said fees usually paid in Virginia
or which have been paid for the like in Maryland

9 Every Adventuror or Planter shall have all such Lands
as shall become due unto him by virtue of the said Con-
ditions assigned unto him in such Parts or Places of the
said province as his Lordship or his heirs or his or their Lieu-
tenant or other chief Governor there together with his Ldshps
Secretary and Surveyor General there for the time being shall
from time to time appoint for the General Good of his Ldshps
Colony there and the reasonable Convenience and Commodity
of every such Adventuror or Planter



Proceedings of the Council of Maryland^ 1648- 165 5. 227

•^ \o His Lordship doth except out of these Conditions of i-iu-r c.
Plantation all Corporations Societies I'Vaternities Guilds and
Bodies Politick as well Spiritual as Tempc^ral and every of
them and do declare that he doth not intend that they or any
of them shall be Capable of or have any benefit by Virtue of
those Conditions to Inherit Possess or Enjoy any Land within
the said Province either in their own name or Right or in the
name or names or right of any other Person or Persons what-
soever to the use Interest or Benefit of or Interest of any such
Corporation Guild Bodys Politick Societies fraternities or any
of them as aforesaid without further particular and special
License first had and Obtain'd therefore under his Lordships
hand and seal at Arms

1 1 In case his Lordship shall think fit to except any other
Person or Persons from having any Land within the said Pro-
vince by Virtue of these Conditions and shall Cause Notice to
be Given to such Person or Persons of such Exception such p. 194
Person and Persons so to be excepted by his Lordship shall
not from and after six months next ensuing after such notice
Given as aforesaid have any future Benefit to be Capable of
hav^ any Land within the said Province by virtue of the said
Conditions for or in respect of any Person or Persons which
shall be afterwards transported into the said Province without
further special License under his Lordships hand and Seal at
Arms for the same

V 12 No Adventurer or Planter to or in the said Province or
any of them who shall have any Land due unto them him or
her there by Virtue of the said Conditions nor there heirs or
Assigns shall Give Grant sell Aliene or Assign any of those
Lands Tenements Heredit""^ within the said Province which
shall be Assigned or Granted unto him or them from his said
Lordship or his heirs or which such Adventurors or Planters
or any of them shall possess and Enjoy by Virtue of the said
Conditions to any Corporation Society Fraternity Guild or
Body Politick either Spiritual or Temporal or to any other
Person or Persons whatsoever in trust for them or any of them
or to such use or uses or any use or uses Comprized men-
tioned or forbidden in any of the Statutes of Mortmayne here-
tofore made in the Kingdom of England at any time before
the Reign of Henry the Eighth who was King of that Realm
without particular or special License first had and Obtain'd for
that Purpose under the hand and Seal at Arms of his Lordship
or his heirs upon pain or forfeiture of all such Lands unto his
Lordship & his Heirs

1 3 Every person whatsoever as shall Claim any Proportion
of Land in the said Province of Maryland by Virtue of the said
Conditions shall demand of his Lordship or his heirs or of his
or their Lieutenant or chief Governor of the said Province for p. 195



228 Proceedings of the Council of Maryland, 1 648- 1655.

Liber c. B. that time being a Grant under the Great Seal of the said Pro-
vince of the said Lands so due to him within one whole year
next after the said Lands shall be due unto him and if any Ad-
venturor or Planter shall Neglect to make the said demand
within the time above mentioned or that he or his heirs or
Assigns shall refuse at any time to accept of a Grant from his
Lordship or his heirs under the Great Seal of the said Pro-
vince of such Lands as shall from time to time be due unto
any such Adventurer or Planter by Virtue of the said Condi-
tions when it shall be Offered unto him or them by his said
Lordship or his heirs or by his or their Lieutenant or chief
Governor there or by his or their Secretary within the said
Province for the time being or shall not perform all things
which are Required by the said Conditions to be performed by
every such Adventuror or Planter then every such Adventuror
or Planter shall for ever after loose their respective rights and
pretences to the said Land

14 Because all Secret Trusts are usually intended to deceive
either the Government or State where they are made or some
other Persons and by experience are found to Occasion many
suits and dissentions therefore no Adventuror or Planter shall
take any Grant from his Lordship under the Great Seal of the
Province of any Lands there by Virtue of these Conditions in
trust for any other Person or Persons or to any other use or uses
then what shall be expressed in the said several and respective
Grants upon pain of forfeiture of the said Lands to his Lordship
or his heirs when any such Secrett Trust or Uses shall be truly
discovered

[Sworn to the Oath of Fealty.]
1647:
Richard Brown 27 June James Johnson 3"^ Septemb"^

Robert Kedger John Courts 1 1^^ Sepf

Thomas Waggott 3^^ July John Walton 22** Sepf

W" Wheatley 18"' July W™ Yewell 22'* Dec^

Thomas Bushell 24 Christopher Russell 1 2 Nov""

John Harwood 31 Rob^ Ward 14'^ffeb'^y

John Grimesditch 1 Aug Robert Smith 4"" March



Liber B.
p. 205



John Paulett "I a
John Deara j ^



1648.

Thomas Asbrook 15 July Phillip Land 20"" Decemb

John Asbrook 15 July M"" Cuth: ffenwick 9° ffeb^'y

Tho Warr 4° August James Hare 15 March

George Manners 4° John Ashley 1 5° March

M"^ Richard Brown 1 7 Novemb Ralph Beane 1 5 March
W'" Edwin 1 5 Decemb
John Shertcliffe 15 Decemb
James Langworth 15 Decemb



Proceedings of the Cotincil of Maryland, 1 64H- 1 6 5 5 . 229

Mem'' that I Thomas Hatton by Vertue of my Coniission Liber a.
from the right ho'''" the Lord Baltemore of being his Lopps p* ^'♦s
Secretary of this Province did vppon the 2'' day of this p'^sent
Moneth being the first day of the Assembly receive into my
custody this Booke of Entries, before the Governor and Counsell
then mett together, this being the nyneth day of Aprill Anno
dni 1649.

This being th" last day of th' Cou't, & th'^ last Cou't for this
p'nt yeare. The Gouerno' appoynted & nominated M' Philli[j
Land High Sheriffe of S' Maries County for this next yeare
following. Who was thereuppon Sworne in open Cou't.

By the Leiveten^'nt &c of Maryland 1649 p. 322

Proci published eod Whercas the right ho'''" the Lord Pro-
prietary of this Province is given to vnderstand that divers
Adventurers or Planters haue for a long time for borne
neglected or refused to take Grants from his Lopp of all
such lands within this Province as haue beene or are
due vnto them from time to time by vertue of severall
Condicons of Plantacon heretofore propounded by his Lopp
(contrary to the true intent and meaning of the said Con-
dicons) though some of the said lands haue beene due to
some of the said Adventurers or Planters by the space of
divers yeares past, w*"*" course can -pduce noe good effects to
any such Adventurers or Planters or to his Lopp, but must
needes in pees of time make such Adventurers rights &
p''tences to land there very doubtfull, begetting nothing els but
difficulties and confusions, and his Lopp thereby also receives
great p'iudice in the non paym'^ of such Rents for a long time
w"^*" are due and payable vnto him from such Adventurers or
Planters if they had or did take Grants of all such lands due
vnto them in convenient time as they ought to haue done And
whereas there may bee divers that would but could not haue
any Grants passed to them for any lands due vnto them since
ffebruary 1644. about W^'' time his Lopps Great Seale of this



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.3) → online text (page 24 of 60)