28 and 29 CÆCILIUS Lord BALTIMORE.
||" Lord Proprietary, by himself, or his Deputy, ought
to be present, and have a casting Voice:
" And that, as Governor,, he had not any Power to confirm
laws, made by the Burgesses, for
" any longer Time, than until his Lordship, or his Heirs,
should declare their Dissassent. But
" he did believe, the Intent of the King in his Lordship's
Patent, was that the Freemen by
" Writ assembled, either by themselves, or their Deputies,
should make and enact Laws, and
" those Laws, so made, were to be published in his Lordship's
Name, and then to be in full
" Force. Provided they be agreeable to Reason,
and in no case repugnant to the Laws of England."
In which he was joined by Mr. Gerrard and Col.
Utye, his Confederates in the Council.
In the Afternoon of the same Day, came the Speaker and
Lower House, and intimated,
that they could not allow this House to be an Upper House;
but that if the Governor and Council
pleased, they might come and take place, in Behalf of
his Lordship and themselves, as a Part
of this Assembly, sitting by themselves. But being
informed, that in such Case, the Speaker
must leave his Place to the Governor, who then would
be President of the Assembly, the Speaker,
with the House, took Time to consider.
On the 14th, the lower house demanded
a further Conference, and being met, the Speaker
declared, that they were content the Governor should
sit as President, but they would continue
their Speaker still in the House also, and reserve to
themselves the power of Adjourning and
Dissolving the Assembly. And upon Debate, the Governor
being willing to sit with them upon
these Terms, viz. to leave the Power of Dissolving
the House to the Speaker of the Lower
House, and to reserve to himself, as representing his
Lordship, a double casting Voice, as he
expressed it. And accordingly (the Rest of the
Upper House refusing) Mr. Fendall, with his two
Associates, Gerard and Utye, took their
Places in the Lower House.
The Upper House being thus dissolved,
Mr. Fendall surrendered the remaining Powers of Government,
intrusted to him by his Lordship's Commission, into the
Hands of the Delegates, and
in order to to abolish his Lordship's Dominion over the
Province, accepting and acting as Governor
under a Commission from them (Messrs. Gerard and
Utye, together with the Speaker, Mr.
Slye, being appointed his Council) he gave his
Assent to several Laws, particularly one entitled,
An Act for repealing all former Acts; and another
entitled, An Act providing against any Disturbance
in the present Government; whereby they made it
a Felony, for any person to disturb the Government,
so as they had thought fit to establish it: And
among other Acts of supreme Power, such as
Granting Commissions Civil and Military, Mustering and
Training of Forces, &c. did, with the
Concurrence of his before mentioned Councillors, on the
15th September following, publish a
Declaration, " Commanding all persons, to own no Authority,
but what came immediately
" from his Majesty, or the Grand Assembly of this Province,"
Thereby colourably sheltering (as
the Grand Jury expressed it) their Rebellion, under
a Pretence of his Sacred Majesty's Name, to the
great Derogation from the just Power of his Lordship,
and the Subversion of the Government of this Province,
and contrary to the peace of his said Lordship, his
Rule and Dominion.
The honourable Philip Calvert,
Esq; being appointed Governor, by his Lordship's Commission,
bearing Date the 24th June 1660, and sworn in
at the Provincial Court, held at Patuxent,
the 11th December 1660, Capt. Fendall and
Mr. Gerard, surrendered themselves, and being indicted
by the Grand Jury, at the provincial Court, on the 22d
February, were tried, and found
Guilty, receiving Sentence of Banishment, and Confiscation
of their Estates, real and personal.
But upon their humble Petition to the Governor and Council,
the said Sentence was mitigated,
and they received his Lordship's Pardon, on paying each
a moderate Fine, and being made incapable
of bearing any Office within this Province, or having
Voice in electing, or of being elected
Burgess, in any future Assembly, and giving sufficient
Security for their good Behaviour towards
his Lordship, and his Government. Their respective
Pardons, under the Great Seal, are
dated the 28th February 1660. The Rest of
their Accomplices, most of which had been, with
much Art, drawn into a Participation of their Guilt,
upon their timely Submission and Application
to his Lordship's Governor and Council, received a full
and free Pardon, without Trial or
Together with his Lordship's Commission
for the Government, was sent in his Majesty's Letter,
bearing Date the 3d July, in the 12th Year of
his Reign, Commanding all Magistrates and
Officers, and all other his Subjects, in these Parts,
to be aiding and assisting to the Re-establishment of his
Lordship's just Rights and Jurisdictions, within this
|Acts made at a GENERAL ASSEMBLY, held at
St. John's, in St. Mary's County,
17th Day of April, and ended the 1st May,
PHILIP CALVERT, Esq; Governor.
|Passed 1st of
|An Act for Encouragement of such Soldiers as shall adventure in
the Defence of
the Country. Lib. C and WH.
139. Lib. WH. fol. 152. and Lib.
WH and L. fol. 20.
Confirmed among the perpetual Laws,
1676, ch. 2. By this Law, Persons maimed, or hurt
in War, in the Defence of the Country, were, according
to their Place and Quality, to receive
Maintenance from the Country, according to their Disability
to maintain themselves.