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are the most in number, and of whom the Lord Baltemore
must have as tender a care as of the rich) would have no
advantage of it, ffor these wanting clothes, and necessaries
w"* w"^*" they were unable to stock themselves beforehand for
so long a time as a whole year (in which no supplies will
come) will be inforced to sell their Comodity either to the
Merchant, or the richer Planters at the buyers price, so that
which is desired may probably have the effect to make the
merchants here or the more substantiall Planters these (who
have stocks to engrosse the Comodity) more rich, but it would
wholly ruine the poor who are the generality of both Provinces.

This answer being delivered in, after severall debates, the
whole matter was by your Ma'*' referred to the Lords Com-
mittees of this Board for Plantacons to consider and report
their opinions to your Ma'*' whereupon the said Lords Com-
mittees upon a full hearing of all partyes November the ig'*"
1664 (at which your Ma''" foresaid Instructions to S'' William
Berkeley were urged by the Virginia Agents) and after having
consulted with the farmers of the Customes thought fitt
(amongst other things) to report to your Ma'*' That the pro-
posall touching a Cessacon, stint or limitation of Planting
Tobacco in the said Plantacons is inconvenient both to the
Planters and your Majesties Customes.

Upon which report your Majesty present in Councell was
pleased the 25''' of Novem: 1664 to order expressely that there
should be no Cessacon, stint or limitation imposed on the
planting of Tobacco in those plantacons a copy of w'-'' order is
hereunto annexed, which he humbly prayes may be read
although they take no notice of it at all in their Representation.

And this was the end of that troublesome business for that
time, and the Lord Baltimore did hope that such a positive
Order made by your Ma''*" in Councell would have put an end
to it for ever.

1 8 Proceedings of (he Council of Maryland, 1667-75,

p. K. o. But as if no such order had been ever made or as if that
Colonial Pa- Qj-^Jgr had signified nothinp- those of Virginia were pleased

pers, Vol. 21, . & I 1 • • 1 T-. • \

No. \y^. in tlie year 1666 (as appears by their said Kepresentation)
again to apply to those of Maryland in the same affair,
and did prevail with the Major part of the Assembly in
Maryland, to pass such an Act as in the said Representacon
is mentioned, but with much difficulty as appears by the
Representers own acknowledgement. Neither doth the Lord
Baltemore think it strange that the Councell & Major part
of the Assemblies of both Collonies (which consist of the
ablest Planters) should agree to such Cessacons, or that the
Merchants here should desire the same, it being in truth
the way to make them rich in one year, and upon the very
first essay, and to compell the poorer planters to enter into
new servitudes to the more rich to gain subsistance Never-
thelesse the speaker (& some other considerable members
of the Assembly of Maryland) in whom regard to the public
quiet had overuled all other consideracons well forsaw that
such an Act (which did in effect tye up poor men's hands
from working out their necessary livelyhood) would very
probably endanger the peace of tlie Province and provoake
the people to sedition, he therefore when he saw it was
carried by the Major part of the said Assembly by a letter
to the Lord Baltemore signed by himself, and some other
members of the same Assembly, sought relief agst so great
a grievance, neither was it reputed such in Maryland alone,
for your Ma''" abovemenconed Order of the 25''' of November
1664 for the prohibiting any Cessacon was received (as he
hath bin well informed) w'*" much satisfaction by the generality
of the people of Virginia also By which it appears how vaine
that pretence of the Representers is, when they say that the
Lord Baltemores disassent to the CessacUn in Maryland had
like to have bred disturbance amongst the people in the
Colony of Virginia.

The Lord Baltemore therefore agrees it to be true that in
persuance of the said Orders of the 25''' of November 1664
and not any private interest of his own (as these Repre-
senters suggest) he did by a particular Instrument (according
to Custome) declare his dissent, disagreement and disapproba-
tion of and unto the sayd Act in Maryland.

The last Clause of the said Representation is an offer to
make a bargain w'*' y'' Majesty, the effect of which is that if
your Majesty will please to order a Cessacon for one year
to the ruin of all the poor planters of the Colonies, & to the
damage of your Majesty of at least four score thousand
pounds in yo' Ma''" customes and excise for Tobacco for
that year, and all this to give them and others of the richer

Proceedings of the Conmii of Maryland, 1667-75. 19

sort an opportunity of getting great estates at an Instant, v- k. o.
They are content that such Impositions may be put upon their p"rs°"voi.''2i,
Comodity as may fully repaire any diminution in your Ma"" No. 133.
Revenue that may be occasioned by the said Cessacon from
planting of Tobacco, so as they grant it will be a notable
diminution in your Ma'"^' Revenue but tell you not what
Comodities, or when it .shall be recompenced w"'' indeed they
could not well doe for it is well known that those Countryes
cannot produce in a long time any other Comodity, w'*" can
recompense your Ma'^ by way of Custome for such a losse.

From all which premises the Lord Baltemore humbly con-
ceives that the guilt of disobedience which these Representers
would unjusdy fix upon him is by the said Order of the 25"' of
November 1664 retorted upon them whose disobedience to
that Order hath created this present trouble

He therefore humbly prayes that since the substance of
this Representation from Virginia is nothing but what hath
bin allready heard, and determined at this Board that your
Majesty v/ill be pleased to dismiss it, and to order that the
Lord Baltemore be put to no further trouble in it.

C. Baltemore.

ReC' & Read 16"' October 1667.

Report concerning a Treaty between ^o. 140.

Virginia & Maryland.

30"' October 1667.

According to the Order of this Board of the 25 of this instant
a Representation from the Governor & Councill of Virg^
in behalf of themselves & the Colony delivered by Colonell
Moryson, and the answer of the Lord Baltemore Lord &
Proprietor of the Province of Maryland were read and con-
sidered of —

The said Governor & Councill of Virginia sett forth in the
said Representacon that in pursuance of his Ma''" Instructions
to S' William Berkeley in the 14"' yeare of his Ma''" Reign
they had endeavoured by generall meanes w"' those of Mary-
land to agree upon some expedient to lessen the quantity of
Tobacco planted in those Colonies thereby to enhance the
price of that Comodity at that time become a drugg as they
pretended) of no value, that at length both those Colonies
and Carolina also had made an Act of Assembly in each
Province respectively in the year 1666, forbiding the planting
of any Tobacco at all during this present year 1667. But
the Lord Baltemore Lord & Proprietary of Maryland having
declared his dissent to the said Act in his aforesaid Province
of Maryland by an Instrument under his hand and seale at

20 Proceedings of tlic Council of Maryland, 1667-75.

p. u. o. Armes, rendered the aforesaid Agreement betwixt those said

Colonial I'a


oniai \3.- (;^olonies vaine upon \v^'' the aforesaid Governor & Councell
'no. 140! of Viro;inia addresse their foresaid Representation to his Ma'>'
& the L''" of his most Hon''^ Privy Councell by way of complaint
against the Lord Baltemore as an obstructor of the public good
of those Colonies. The Lord Baltemore, by his answer to the
said Representacon declared amongst clivers other reasons
against any Prohibition of Planting Tobacco in those Colonies,
That upon a former petition from the Governor & Councell of
Virginia divers proposalls for lessening the quantity of Tobacco
offered to the Councell Board and referred to the Com" of
Lords of his Ma''" Privy Councell for Plantacons, & after
serious consideracon of what was ofter'd on behalf of both
Colonies concerninof a Cessacon, Limitation or stint of Planting
Tobacco in the said Plantacons was inconvenient both to the
Planters & his Ma""* Customes upon their Lop' Report, where-
upon it was ordered (his Ma'>' present in Councill) the 25''' of
November 1664. That there should be no Cessation, stint
or limitation • imposed on the Planting of Tobacco in those
Colony's or Plantacons. Wherewith the difference concerning
the matter between both Colonys were (as he humbly conceived)
determined, & th' in pursuance of that order, he declared his
dissent to the foresaid Act in Maryland.

Liber H.H. Qctob'" the 22''' 1667

p. 2S8

Was then made up S' marys County leauy — uizt

Cap' Luke Gardner for wolfes head

M' Rob: Slye for 4 wolues heads

M'' Justinian Gerrard one ditto

M"' John Rapier 5 ditto

Joseph Aluey i ditto

Rob: fford i ditto

Dan: Mackdonnell for Boarding Benjamin

Hammond 3 montlis and one leauy
Weaker Pake for Boarding Marsh Crabbi

2 yeares att 1500' tob: p annum J

Sherriffs Sallary for Colleccon





I lo'j;

5160' tob:

T)'thables in .S" Marys County this p'^sent |^
yeare is 688 persons at 7^' tob: p pole is J

The Publique Leauy this yeare being 50' ~

tob: p pole w"' this County leauy makes , ,„,,.

the whole leauy for s" INLirys County \ 39560 —

fifty seauen pounds and a halfe of tob:

•p pole w*^'" amounts unto in the whole —

Procecdiui^s of the CoJincil of Maryland, 1667-75. 21

December the xxiij''' MDClxxij i.ibcr H. ii.

Coinission then issued for the peace for Charles County
(ut est fol 246) the names of the Comissioncrs in the same
encluded are (vizt)

Henry Adams 1 ffrancis Pope 1

Thomas Mathews j of the Ouoru Zachariah Wade I
Col Gerard ffowke 1 Joseph Harrison I- Gent.

James Lindsey I
Humphry Warren J

In the same Comission is Richard Boughton appointed
Gierke and Keeper of the Records in the said County
of Charles County &c.

Com*"" then issued for Major Thomas Ing-ram

Taiuiaiy lo'n 1667 , r \ 1^ • t /-• ^^ r

to be sworne of the (Juorum into the Com" " for
the peace of Kent County and to remaine a Jusdce of the
peace for the s'' County during his lorps pleasure—

Att a Councell of the Rig' Hon'''' the Lord Proprietary p. 2S9
of this Prouince held att Mattapenny the 8"" day of
February in the 36''' yeare of his said lordps Dominion
Ouer this Prouince annoq Domini 1667 —

Charles Caluert Esq' Leiutenn' Generall & Cheife Gouerno'

Philip Caluert Esq' Chancello''

Jerome White Esq' Justice —

Was then taken into Consideracon the speedy raising
of a certaine & considerable number of men to make a
march ags' the Indian Enemye w"" all expedicon possible

For which end it is Ordered that euery tenth person
in euery respectiue County be raised to goe the present
march — (uizt)


Out of Charles County 53

S' marys County 6g

Talbott County 62

Caluert County 89 1 men

Ann Arrundell County 62 ' 410

Kent County 14

Somersett County 25

Baltemore County 36

Out of which number of men perticuler warr'" issued onely

To CoH: W^"" Euans to raise out of his Company 23 men

To L' CoH: lohn larboe to raise out of his Company 23
To Daniel lenifer to raise out of S' marys Company 23
To Major Tho: Brooke to raise out of Petuxent riuer 49

22 Proceedi)i^s of the Coiiiuil of Maryland, 1667-75.

Liber H. II. To ditto to raise of from the Clifts 40

To Cap' \V" Boreman to raise out of his Company 20
To ditto Boreman to raise out of Cap' Oneales Company 33
To Cap' William Burges to raise out of the ) ,

Seuerall Companys in Ann Arrundell County [
To Major Tho: Ingram to raise out of Kent County 14

287 persons

Which said Warr'^ issued to the abouesaid seuerall &
respectiue Comanders w"' seuerall Orders therein incerted
as may be seen on the other side fo:

Also other warr" issued to seuerall Comissarys for the
pressing & prouiding prouisions for two months for the said
number of men (uizt)

To Rob' Slye & Thomas Dent to press 28 Barrills of Indian
Corne and 4000 weight of meat out of S' marys County.

To Henry Adams & Thomas Mathews to press 25 Barrills
of Indian Corne & 3200 weight of meat out of Charles
County —
p. 290 To Major Thomas Brook & Sampson Waring to press
36 barrills of Corne & 5500 weight of meat out of Caluert
County —

To Samuell Chew & Cap' Tho: Stockett to press 25
barrills of Corne and 3800 weight of meat out of Ann
Arrundell County —

To John Vicaris & John wright to press 6 barrills of
Corne and 840 weight of meat out of Kent County —

It was further Ordered that Baltemore Talbott
and Somersett Countys should Press these pro-
uisions following but noe warr' issued as yett
for the execucon of the s'^ Order
Major Goldsmyth & Geo: Vtie to prouide 15 Bar: of
Corne & 2200 weight of meat out of Baltemore County —

Stephen Horsey W'" Stephens & Geo: Johnson to prouide
10 barrills of Corne & 1500 weight of meat out of Somersett

noe persons named Comissary for the prouiding of 25
barrills of Corne and 3800 weight of meate out of Talbott
County by reason it should be Ordred upon the Gouerno"^'
arriuall there —

The 2 foregoing warr" to the Officers for the rais-
ing of men and to the Comissarys for prouiding
prouisiones is as followeth (uizt) —
Immediately upon sight hereof yo" are to press three
and twenty men out of yo'' owne Company well armed
& Clothed that is to say each man w"' a well fixt gunn

Proceedings of tke Council oj Maryland, 1667-75. 23

a sword two pound of powder Six pound of shott & fowre Liber h. ii.

flints and in Case any seru' or hired person shall be soe

pressed by yo* and not Capable of furnishing himselfe as

aforesaid the Masf of such person or Seruant is to prouide

the same for his said seruant or hired person, Otherwise to

appeare himselfe w"" the said Armes and AmunicUn Also

yo" are to cause euery b"' man to prouide & bring w'*" him

One falling Ax, which said three & twenty men yo" are to

haue ready att One houres warning after which yo" are to

apply yo'selfe to Tho: Dent & Rob' Sly Comissarys for the

raising Prouisions in S' Marys County and when they shall

assure yo* that two months prouisions (according to a warr' to

them directed) is on board a good sloope fitt for the trans-

portacon of your said men then yo™ are to come w'*" yo"^ said

men to East S' Marys being a place of Generall Rendezvous

w"' three dayes Prouisions in Knappsacks there to attend

my further Orders Giuen und' my hand this 10''' day of

ffeb: 1667

To Leut' CoH: John Jarboe Charles Caluert

Immediately upon sight hereof yo"' are to raise twenty p- =91
eighte Barrills of Indian Corne by pressing or Otherwise
& 4000''= of salted Beefe or Pork being for 2 months prouisions
for Sixty Nine men that are to march ags' the Indians out of
yo'' County and the said Prouisions when raised to cause to be
brought downe or transported into S' marys riuer by the 22'''
Instant there to remaine untill further Order to which end
yo* are likewise to press a sloope Capable to transport so
many men & prouisions to the easterne shore as by seuerall
warrants directed to CoH: W"' Euans L' CoH: Jn° Jarboe &
the Comand"^ of S' marys Company are to be raised to whome
yo'" are to giue notice when the said sloope & prouisions is
ready yo'' are likewise to depute such & soe many persons
as yo''' think fitt & meett to be your assistants and for soe
doing this shall be yo' warr' Giuen und"^ my hand this 10'''
day of February 1667 —

To M' Rob" Slye & Mr Tho Dent Charles Caluert

Comissarys for the raising prouisions
in Saint Marys County —

By virtue of some instructions and Orders from the p. 292
'^ "" Right Hon'''' the Lord Proprietary of this Province
to Mee his Leiftenilt directed beareing date from Muzill hill
the foure and twentith day of September Anno One diousand
six hundred sixty five amongst Otlier things his said Lord-
shipp did then Order and declare (vizt) That Whereas
Daniel Jenifer Officiates as Clerke in the Provincial! Courts

24 Proceedings of the Cotincil of Maryland, 1667-75.

Liber H. H. and that he is (as his said Lopp was informed) a very
fitt person for the place being formerly putt in by Mee
signed Charles Calvert (as his said Lopp did declare) or
Charles Calvert ^y Henry Sewall Esq' late Secretary of this Prov-
ince the which Office was accordingly confirmed On the
said Jenifer first by the said Secretary and after his decease
by my selfe and that before the day of the date above
mentioned Upon which sufficient Grounds and reasons his
said Lopp did then Order and appoint INIee his said Leiftennt
to Confirme the said Office or imployment againe On him
the said Daniel Jenifer and to passe some Grant or Assurance
of the said place to the said Jenifer that he may not be putt
Out upon any Change of the Secretary Wherefore I doe
hereby Confirme on you the said Daniel Jenifer the said
Ofifice and imployment and doe from this tyme forward
and in pursuance of his said Lopp Order depute constitue
Ordaine and appoint you the said Daniel Jenifer Gierke and
Keeper of the Records of the said Provinciall Courts with
all priviledges and profitts benlfitts and fees whatsoever to
the said Oftice whatsoever belonging or appurteining In
confirmation whereof and for your sufficient warrant in
Officiateing the said Office I have hereunto sett my hand
and lesser seale of the province this tenth day of ftebruary
in the foure and thirtith yeare of his said Lopps Dominion
Over this province of Maryland Annoq"^ Dom One thousand
six hundred sixty and five.

I doe hereby impower and Authorize you Daniel Jenifer
Gierke of the Secretaryes Office and the provinciall Courts
to prove all Rights of land that shall be Originally due to any
person or persons whatsoever and allowed according to his
Lopps Condicon of plantations in such cases made and pro-
vided also to signe subscribe and seale with the seale of the
said Office all warrants for land be they of what nature soever
that have just Grounds from the said Conditions for the
issueing of the same or upon any other good considerations
whatsoever now used and allowed in such cases in the said
Office signifieing under all and every such warrant so by you
signed to be done by my Order and appointment And I doe
also hereby further authorize you and impower you to signe
and seale with the seale aforesaid all writts of Arrest subpoena's
summons's attachm" and executions or Other writt or instru-
ment whatsoever that shall tend or have relation to the
recovering of any debts impleading of any persons attaching
of any goods or levying the same which said writts or
instruments and every of them you are to Conclude with
my name as Leiftennt Generall and Cheite justice. And I

Proceedings of the Council of Maryland, 1667-75. 25

doe further impower and authorize you hereby to make entry Liber u. h.
of any shipp or lesser Vessell that shall Come into this
Province to trade or Carry tobacco Out of the same except
such shipps or vessells as are not permitted so to doe by the
severall Acts of parliam' which said shipps or lesser vessells
you are hereby impowered to seize take and secure and upon
seizure so made you are imediately to acquaint and informe
mee thereof And you are further required upon entry made
of any such shipp or vessell to take bond of the severall and
respective Masters with One sufficient security (except he or
they produce certificate from some custome house in England
that bond is there already Given) according to Act of parlia-
ment in such cases provided And upon the request of any
Master of such shipp or vessell to be dispatcht and cleared
away you are hereby impowered to doe the same provided I
be certified of any such shipp's goeing that sailed from England
before that you doe the same And what port duties or Other
dues you shall receive in Tobacco (or Goods if so Ordered by p. 293
mee) from any the said masters to allow

for every pound of tobacco that the same
shall amount unto. All which you are to doe and performe
untill I shall Give you Order to the contrary And this shall be
your sufficient warrant therein Given under my hand and seale
of the said Office the eightenth day of ffebruary in the six and
thirtith yeare of his Lordshipps Dominion Over this Province
of Alaryland Annoq' Dofn One thousand six hundred sixty

Charles Calvert.

I Doe hereby impower yo'' Daniel lenifer of S' Marys gen'
to proue any rights of land allowed according to his lopps
Condicons of plantacon as also to grant warr'* for land thereon
or otherwise Signiiying und' the same to be done by my Ord'
& Appointment as also to enter & Cleare what Vessells shall
come in or goe out of the Prouince untill my Order to the
Contrary, And for soe doing this shall be yo' warr' Giuen
und' my hand this iS'*" day of February

Signed By Charles Caluert

[Denization of Abdelo Martin]

Csecilius Absolute Lord and proprietary of the provinces of
Maryland and Avalon Lord Baron of Baltemore &c To all
persons to whome these p'sents shall Come greeting in Our
Lord God Everlasting Whereas Abdelo Martin Subject to the
Crowne of Spaine haveing transported liimselfe and Children
into this province here to inhabite hath besought us to
Grant him the said Abdelo Martin leave here to inhabite

26 Proceedings of the Council of Maiyland, 1667-75.

Liber H. H. and as a free Dennizen freedom Land to him and his heires
to purchase Know j-ee that wee willing to give due incour-
agement to the Subjects of that Crowne Doe hereby Declare
them the said Abdelo Martin and his Children as well those
allready borne as those hereafter to be borne to be free
Dennizens of this Our province of Maryland And doe
further for us Our heires and Successors straightly enjoyne
Constitute Ordaine and Command that the said Abdelo Martin
in all things held treated reputed and Esteemed as one of the
faithfull people of us Oiu" heires and successors borne within
this Our said province of Maryland and likewise any Lands
tenements Revenues services and Other heriditam" whatsoever
within Our said province of Maryland may inhlrite or Other-
wise purchase receive take have hold buy and possess and
them may Occupie and enjoy Give sell Alien and bequeath as
Likewise all Liberties franchises and priviledges of this Oar
province of Maryland freely cjuietly and peaceably have and
possess Occupie and enjoy as Our faithfull people borne or to
be borne within Our said province of Maryland without the lett
molestacon vexacon trouble or greiveance of us Our heires
and successors any Custome to the Contrary hereof in any
wise notwithstanding — Given at S' Maries under Our Create

^ o

Seale of Our said province of Maryland this Seavententh day
of March in the six and thirtith yeare of Our Dominion Ouer
Our said province of Maryland Annoq' Dom One thousand
six hundred sixty seaven: Wittnesse Our Deare sonn Charles
Calvert Esq' Our Leiftenn' Generall and Cheife Governour of
Our said province of Maryland —

p. 294 ^'^^^ . , C^ecilius Absolute Lord and proprietary of

Ihis Lomcon uoul , . r at i i i a 1 i

and another granted the provuices ol Maryland and Avaion Lor
to Lt Coll jno jarboe Barou of Baltcmore &c To all persons to
whom these presents shall come greeting in Our Lord God
everlasting Know yee that Wee reposeing Special! Confidence
and trust in Walter Hall of the County of S' Maries in Our
said province of Maryland Gent Have Constituted Ordained
and appointed and by these presents doe Constitute Ordaine
and appoint him the said Walter Hall Sheriff of the said County
of S' Maries And to have such priviledges and benefitts as any
Other Sheriff within Our said province of Maryland now hath
or any Other Sheriff of the said County ever had held or
enjoyed or of Right Ought to have had held or enjoyed To
have and to hold the said office or imployment for One whole
yeare to be Computed from the day of the date ot these presents
And after till another Sheriff by Our Leiftenii' Generall shall
be lawfully by patent Constituted Provided that he the said
Walter Hall doc take the Oath and give Security for the well

Proceedings of the Council of Maryland, 1667-75. 27

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