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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 18   View pdf image (33K)
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18 LAND-HOLDER'S ASSISTANT.

or trade with the Indians ought to be allowed within the
limits of his patent without his permission, and that, in
regard to the violences complained of, the parties should be left to
the ordinary course of justice. In like manner the privy
council of England upon the complaints of the Virginia Planters,
just mentioned, thought proper to leave Lord Baltimore to
his patent, and the complainants to the course of Law;
directing, however, that good correspondence and free
commerce should be maintained between the two Colonies, and
mutual assistance be given in case of a war with the natives.
As to Cleyborne, seated with his adherents upon Kent
Island, from whence it has been alledged that Burgesses were
sent to the assembly of Virginia, he had constantly refused to
submit to the jurisdiction of Maryland, and Lord Baltimore
who foresaw the mischiefs that must follow if a band of
refractory strangers was permitted to continue nestled in the
heart of his province, gave orders in 1634 for seizing him,
if he did not submit to his government. He was not taken,
however, but added to his refusal of obedience the ill offices
that have already been mentioned; insinuating among other
things to the Indians that the new comers were Spaniards and
enemies to the Virginians. He was at length indicted and
found guilty of murder,(h) piracy and sedition, but made
his escape, and his estate was confiscated. A bill was
afterwards passed for his attainder as having fled from justice,
but he kept out of reach, and at a distance continued his
hostilities. In the mean time further attempts were made in
England to invalidate the Charter of Maryland, grounded
generally on the ancient Virginia Patents, which were held by
some Lawyers, notwithstanding the decision of the Courts
of Justice to the contrary, to be still in force, and which if
re-established in their original form, would, by including the
province of Maryland, annul its Charter. But partly through
the disinclination of the people of Virginia themselves to fall
again under the government of their ancient (i) corporation,
and the direct opposition of their assembly to the measure,
these attempts were not brought to any formal issue.

    Cleyborne having, after the decision of 1638, no longer
any expectation of recovering what he deemed his right by
means of the regal government of England, began to
associate with its (j) opposers, and, in the progress of his intrigues

    (h) It is but fair to remark that these crimes are supposed to have been
all included in an open resistance and warfare against Lord Baltimore's
authority.

    (i) Virginia was originally under the rule of a great commercial
association denominated " The Treasurer and Company of Virginia."

    (j) The War between the King and Parliament broke out in 1642, and
the Colonists of Maryland who had, from the commencement of the
disputes which led to that event, taken sides with considerable violence in
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 18   View pdf image (33K)
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