subscribe in the presence of his lordship's lieutenant and principal secretary of the said province for the time being or one of them a submission of the forme hereunto annexed to remaine upon record there or such other submission as his lordship's lieutenant and secretary or either of them in the absence of the other out of the said province shall thinke fitt before any such grant or pattent of any land in the province be passed under his lordship's great seale unto them respectively as aforesaid, And provided also that before any such person or persons shall have any such grant or pattent passed unto them as aforesaid they do pay or satisfy his lordship's receiver general there for his lordship's use all such arreares of rent not before satisfied or lawfully discharged as are or shall be due unto his lordship for the land which shall be granted by any such pattent from the time that by his lordship's conditions of plantation or other warrant for the passing thereof the said pattent ought to have bin passed untill the time of the passing the said pattents respectively.

3. That whereas his lordship did heretofore send a warrant for the granting ten thousand acres of land in the said province to Edward Eltonhead, esqr. upon certain termes and conditions of a certain number of persons to be transported by the said Edward Eltonhead within a certain time which time was likewise by two declarations afterwards of his lordship enlarged as by the warrants and declarations relation being thereunto had may more at large appear, And whereas neither his lordship nor the said Edward Eltonhead have had as yet any certain information of the passing a grant in Maryland under his lordship's former greate seale of that province of the said land to the said Edward Eltonhead according to the said warrant and declaration and that it is doubtfull whether the said original warrant and declarations be not lost and imbezelled in the late troubles there, therefore his lordship thought fit to send herewith as he nowe doth trew copies under his lordship's hand and lesser scale at armes of the said warrant and declarations, And doth hereby authorise will and require his lieutenant and keeper of his greate seale of the said province for the time being that in case he find that there was not formerly a grant or pattent passed of the proportion of land under the said former greate seale to the said Edward Eltonhead or that the said grant or pattent and record thereof be lost and cannot be found, that then the said lieutenant and keeper of the said greate seale do cause a grant to be passed under his lordship's new greate seale of the said province to the said Edward Eltonhead and his heires of the said proportions of land according to the true intent and meaning of the said warrant, &c.-[N. B. The remainder of this clause being long and entirely of a private nature, it was deemed unnecessary to transcribe any more of it, or to insert it herein.]

4. That his lordship doth hereby authorise his said lieutenant of the said province with the advice and approbation of his lordship's said brother to readmit if he think fitt Mr. Robert Clark to be one of his lordship's councell of the said province to all intents and purposes whatsoever in as ample manner as formerly he was by his lordship's commission for that purpose to him, and also to add any other person or persons inhabiting the said province not exceeding the number six to be of his lordship's councell there to all intents and purposes ever and above such as are already or that shall hereafter be nominated and appointed by his lordship to be of his lordship's councell there, Provided that such person or persons so to be added to his lordship's councell there as aforesaid do take the oath of a councellor there to his lordship before he or they do act as one of his lordship's councell there respectively.

5. That his lordship doth hereby authorise his lieutenant of the said province for the time being with the approbation of any three of his lordship's councell there whereof his lordship's principal secretary for the time being to be always one to make any foreigner as he shall think fitt capable of his lordship's condi

tions of plantation there, and to cause grants or pattents of land there to be passed unto any such person or persons accordingly as if he she or they were of British or Irish descent any former commission warrant or direction from his lordship to the contrary in any wise notwithstanding.

6. Whereas his lordship hath in these instructions and otherwise authorised and appointed his lieutenant of the said province for the time being and in particular the aforesaid captain Josias Fendall his lordship's present lieutenant there to act and do several things with the advice and approbation of his lordship's brother Philip Calvert, esqr. Now in case the said Philip Calvert should dye or by absence out of the said province or otherwise should be disappointed of acting there accordingly his lordship doth hereby authorise and appoint in every such case the said captain Josias Fendall and every other his lordship's lieutenant of the said province for the time being to act and doe the same things with the advice and approbation of captain Thomas Cornwaleys esqr. in lieu and stead of the said Philip Calvert esqr. which his lordship hath by these instructions or any other writing under hand and seale authorized and appointed or shall hereafter by any writing under his hand and seale authorise and appoint to be acted or done with the advice and approbation of the said Philip Calvert esqr. and that in case where any grant or pattent of land is to be passed to his lordship's lieutenant and keeper of his great seale there for the time being by vertue of his lordship's conditions of plantation or any other commission warrant or instructions under his lordship's hand and seale for that purpose his lordship doth hereby declare authorise and require his said brother Philip Calvert esqr. (and in case of his death or absence out of the said province the said captaine Thomas Cornwaleys) and two such others of his lordship's councell there for the time being as he and our said lieutenant shall appoint, to attest every such grant or pattent to his lordship's lieutenant of the said province and keeper of his great seale there for the time being as aforesaid by the subscriptions of their respective names on every such respective grant or pattent before it shall be in force or bind his lordship or his heirs as his act and deed any thing in these instructions or in any other thing to the contrary hereof in any wise notwithstanding.-Given under his lordship's hand and great seale at armes the 20th day of November in the 26th yeare of his lordship's dominion over the said province of Maryland and in the yeare of our Lord God 1657.

The forme of the Submission above mentioned.

I A. B. doe promise and engage to submitt to the authority of the right hon'ble Cecilius lord Baltemore within this province of Maryland according to his pattent of the said province and to his present lieutenant and other officers there by his lordship appointed to whom I will be aiding and assisting and will not obey or assist any here in opposition to them."

[Taken from the record-book in the council chamber, entitled, "Council, &c. H H. 1656 to 1663," p. 10, &c.]

THE END.

INDEX.

Adams, Thomas, a member of the assembly of 1640, "censured" to ask forgive-
ness of the governor, on account of some indecent speeches made against the
lord proprietary, 180.
Administration, officers for granting administration, and for the probate of wills,
appointed by an act of the assembly of 1638-9, 144; an act for causes testa-
mentary, passed at the assembly of 1641, 188; tenor of the act, ib.
Admiralty, court of, an act passed at the session of the assembly of 1638-9, to
establish a court of admiralty, 127; provisions of the act, 127.

Allegiance, oath of allegiance to the king of England, prescribed at one of the
early sessions of the assembly, 110; nature and effect of the oath as prescrib-
ed, ib; the prescribed oath taken by the governor and council, 112, 140.
Arundel, Thomas, lord, lord Baltimore marries the daughter of, 193; his descent
from an ancient family, ib; notwithstanding the reformation, his family contin-
ues to remain attached to the Catholic religion, ib; honours bestowed upon
them by James I., ib; their attachment to Charles I., 194; their influence
supposed to have induced lord Baltimore to remain neutral during the confu-
sion between the Catholics and Protestants, ib..
Assembly of the province, legislative, first meeting held at St. Mary's, and laws
enacted there, 34; the lord proprietary directs his brother Leonard, then go-
vernor of the colony, to convene the assembly to consider his lordship's disas-
sent to some laws which had been enacted by them, 42; the assembly meets
at St. Mary's, 49; mode of representation and form of session, ib; proceedings
of the assembly, 50 to 59; they reject the laws sent them by the lord proprie-
tary, and elect to be governed by the laws of England for the time, until they
could prepare suitable laws for themselves, 57; governor Calvert authorises
the secretary of the province to hold an assembly, during his absence, against
the inhabitants of Kent island, 63; the assembly meets in pursuance of the
power so given, but adjourns until the governor can be present, ib; they again
meet, but again adjourn, ib; they meet according to adjournment, and the
governor presides, ib; their proceedings, 63 to 67; they pass an act of attain-
der against captain William Clayborne, 64; they try Thomas Smith, one of
Clayborne's men, and pass sentence of death upon him, 65; the lord proprie-
tary concedes to the assembly the right of enacting laws for the government
of the province, 94; his commission to that effect, 94, 95; the governor
issues writs to convene the assembly, 96; form of the writs, 97; form of the
returns to the writs, 99; writs of summons, issued to various individuals, call-
ing them to take their seats in the assembly, 100; the assembly meets at St.
Mary's, in pursuance of the call from the proprietary, 101; their proceedings
and the bills passed by them, 101 to 160; the lord proprietary's letter conced-
ing to the assembly the right of enacting laws for the government of the pro-

VOL. II.-89

vince, read to the assembly, 101; they pass an act for establishing the assem-
bly 101; substance of the act, 102; see the act in note XXI., appendia; they
frame rules for the government of the house, 104; the regulations relative to
the passage of laws, ib; they exercise a compulsory power to force the at-
tendance of the members, 105; they exercise judicial powers, ib; they fail to
enact many laws which were submitted to them, but on the last day of the
session pass an act to ordain certain laws for the government of the province,
106; general provisions of this act, 107 to 160; the constitution of the gene-
ral assembly more particularly provided for, 151; provisions of the act pro-
viding for the assembly, 152; assembly to be convened at least once in three
years, ib; the assembly is again convened by the governor, 169; proceedings
during the session, 172 to 176; rules agreed upon for their government, 173;
further exercise of their judicial powers, 179; Thomas Adams, a member of
the assembly, "censured" to ask forgiveness of the governor, on account of
some indecent speeches made by him concerning the lord proprietary, 180;
the assembly is again called about midsummer of the year 1641, 183; mate-
rial change in the principle of representation, 184; they remain in session and
pass but few acts, 185; session closed by prorogation until a future day, 189;
the governor issues his proclamation for the assembly to meet in October 1641,
ib; on account of the absence of the governor, the secretary prorogues the
assembly until March, ib; the governor issues his proclamation, dated at Kent
fort, calling the assembly in March, 190; he issues another proclamation for
the same purpose, ib; tenor of the proclamation, ib; supposed causes of these
proceedings, 191; the assembly meets on the day appointed, 194; their pro-
ceedings, 194 to 204; they deny to the lord proprietary, or any other power,
the right of proroguing or dissolving the house without its consent, 195; sup-
posed causes of this proceeding, 196; they adjourn and appoint a day for their
future meeting, 203; another session of the assembly held during the year
1642, 214; proceedings of the session, 215 to 228; decision of a question re-
lating to the different kinds of representatives, 215; a motion made in the
assembly, that it might be divided into an upper and lower house, which was
negatived, 216; causes of the refusal to separate the assembly, ib; a motion to
march against the Indians is much opposed by the members of the house,
217; determination of the governor in relation to the motion, ib; a bill au-
thorising a levy proposed, but not passed, 218; rules for the regulation of the
house, 219; various acts passed at this session, 220, 228;-see notes XLVII.
XLVIII. XLIX. appendix; an assembly called by Leonard Calvert, shortly
after the receipt of his new commission as governor, 237; they meet, ib; pro-
clamation issued by the governor to call the assembly, 251; another procla-
mation, dismissing them before the appointed day of meeting, ib; another pro-
clamation for a general assembly, ib; slight traces of an assembly having been
held in 1644-5, 290; an act supposed to have been passed at that session for
the defence of the province, ib;-
;-see act, note LV., appendix; an assembly
called by governor Hill, which meets and adjourns, 296; convened by gover-
nor Calvert, agreeably to adjournment, 297; the first distinction made be-
tween an upper and a lower house, ib; proceedings of the assembly, 298; a
meeting of the assembly called by governor Greene, 1647, 315; they meet,
316; variation in the manner of forming the assembly, 317; their proceed-
ings, 318 to 327; an act passed for settling the present assembly, 318; they
provide for the payment of the soldiers employed by governor Calvert, 321;
Mrs. Margaret Brent asks for two votes in the assembly, one for herself, and
the other as the attorney of governor Calvert, which are denied, 323; her pro-
test against all the acts of the present session, ib; the members protest against
the acts of the assembly of 1646-7, ib; governor Greene enters his counter