The Declaration
Of the reason and motive for the prest
appearing in arms of His MajtYs Protestant
Subjects in the Province of Maryland.
Although the nature and state of Affairs relating to the
government of this Province is so well and notoriously known
to all persons any way concerned in the same, as to the people
Inhabitants here, who are more imediately interested, as
might excuse any declaracon or apologie for this presnt inevi
table appearance; Yet forasmuch as (by the plotte contrivances
insinuacons remonstrances and subscriptions carryed
on, suggested, extorted and obtained, by the Lord Balte
more, his Deputys Representatives and officers here) the
injustice and tyranny under which we groan, is palliated and
most if not all the particulars of our grievances shrowded from
the eyes of observacon and the hand of redress, Wee thought
fitt for general satisfaccon, and particularly to undeceive those
that may have a sinister account of our proceedings to publish
this Declaracon of the reasons and motives inducing us thereunto.
His Lordships right and title to the Government is by
virtue of a Charter to his father Cecilius from King Charles
the first of blessed memory how his present Lordship has
managed the power and authority given and granted in the
same wee could mourn and lament onely in silence, would our
duty to God, our allegiance to his Vicegerent, and the care &
welfare of ourselves and posterity permit us.
In the first place in the said Charter is a reservation of the
fayth and allegiance due to the Crown of England (the Province
and Inhabitants being imediately subject thereunto) but
how little that is manifested is too obvious, to all unbyasted
persons that ever had anything to do here the very name and
owning of that Sovereign power is some times crime enough
to incurr the frownes of our superiors and to render our persons
obnoxious and suspected to be ill-affected to the government
The ill usage of and affronts to the Kings Officers belonging
to the customes here, were a sufficient argument of this. Wee
need but instance the busines of Mr BADCOCK and Mr ROUSBY,
of whom the former was terribly detained by his Lordshipp
from going home to make his just complaints in England upon
which he was soon taken sick, and t'was more then probably
conjectur'd that the conceit of his confinement was the chief
cause of his death which soon after happened. The latter was
barbarously murthered upon the execucon of his office by one
that was an Irish papist and our Cheif Governor.
Allegiance here by those persons under whom wee suffer
is little talked of, other then what they would have done and
sworn to, to his Lordship the Lord Proprietary, for it was very
lately owned by the President himselfe, openly enough in the
Upper House of Assembly, that fidelity to his Lordshipp was
allegiance and that the denying of the One was the same thing
with the refusall or denyall of the other. In that very Oath of
Fidelity, that was then imposed under the penalty of banishment
there is not so much as the least word or intimation of
any duty, fayth or allegiance to be reserved to our Sovereign
Lord the King of England.
How the jus regale is improved here, and made the prorogative
of his Lordshipp, is so sensibly felt by us all in that absolute
authority exercised over us, and by the greatest part of
the Inhabitants in the service of their persons, forfeiture and
loss of their goods, chatteles, freeholdes and inheritances.
In the next place Churches and Chappels, which by the said
Charter should be built and consecrated according to the
Ecclesiastical lawes of the Kingdom of England, to our greate
regrett and discouragement of our religion, are erected and
converted to the use of popish Idolatary and superstition,
Jesuits and seminarie preists are the only incumbents; (for
which there is a supply provided by sending our popish youth
to be educated at St Orners) as also the Chief Advisers and
Councellors in affaires of Government, and the richest and
most fertile land sett apart for their use and maintenance,
while other lands that are piously intended, and given for the
maintenance of the Protestant Ministry, become escheats, and
are taken as forfeit, the ministers themselves discouraged, and
noe care taken for their subsistance.
The power to enact Laws is another branch of his Lordshipp's
authority, but how well that has been executed and
circumstances is too notorious. His present Lordshipp, upon
the death of his father, in order thereunto, sent out writts for
four (as was over the usage) for each County to serve as
Representatives of the people, but when elected there were two of
each respective four pickt out and sumoned to that convencon,
whereby many Laws were made, and the greatest
leavy yet known layd upon the Inhabitants. The next Session
the house was filled up, with the remaining two that was
left out of the former in which there were many and the best
of our Laws enacted to the great benefit and satisfacon of the
people but his Lordship soon after dissolved and declared the
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best of these Laws, such as he thought fit, null and voyd by
Proclamacon: Notwithstanding they were assented to in his Papers.
Lordshipps name, by the Governor in his absence, and he himselfe
some time personally acted and governed by the same,
soe that the question in our Courts of Judicature, in any point
that relates to many of our Laws, is not so much the relacon
it has to the said Laws, but whether the Laws themselves be
agreable to the pleasure and approbacon of his Lordshipp.
Whereby our liberty and property is become uncertain and
under the arbitary disposition of the Judge and Commissioners
of our Courts of Justice.
The said Assembly being some time after dissolved by proclamacon
another was elected and mett consisting only of two
members for each County, directly opposite to an Act of Assembly
for four (in which severall laws with his Lordships personal
assent were enacted, among the which one for the
Encouragement of Trade and erecting of Towns, but the
Execucon of that Act was soon after by Proclamacon from his
Lordshipp out of England suspended the last year, and all
officers Military and Civil severely prohibited executing and
inflicting the penaltys of the same. Notwithstanding which
suspension being in effect a dissolution and abrogateing of the
whole Act, the income of three pence per hoggshead to the
government (by the said Act payable for every hogshead of
tobacco exported is carefully exacted & collected. How
fatall and of what pernicious consequence that unlimited and
arbitary pretended authority may be to the Inhabitants, is too
apparent, but by considering that by the same reason all the
use of the laws whereby our liberties and properties subsiste
are subject to the same arbitary disposition, and if timely
remedy be not had must stand or fall according to his Lord
shipps good will and pleasure.
Nor is this nullyfyeing and suspending power the only
grievance that doth perplex and burthen us in relacon to Laws,
but these laws that are of a certain and unquestioned accep
tacon are executed and countenanced, as they are more or less
agreable to the good liking of our Govr in particular, one very
good lawe provides that orphan children should be disposed
of to persons of the same religion with that of their dead
parents. In direct opposition to which several children of
protestants have been committed to the tutlage of papists, and
brought up in the Romish Superstition. Wee could instance
in a young woman that has been lately forced by order of
Council from her husband committed to the custody of a
papist, and brought up in his religion.
T'is endless to enumerate the particulars of this nature,
while on the contrary those laws that enhance the grandeur
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and income of his said Lordshipp are severely imposed and
executed especially one that is against all sense, equity, reason
and law punishes all speeches, practices and attempts relating
to his Lordship and Government that shall be thought mutinous
and seditious by the Judge of the provincial Court, with
either whipping, branding, boreing through the Tongue, fines,
imprisonments, banishment or death, all or either of the said
punishments at the discretion of the said Judges, who have
given a very recent and remarkable proof of their authority in
each particular punishment aforesaid, upon several the good
people of this Province, while the rest are in the same danger
to have their words and acons lyable to the construction &
punishment of the said Judges, and their lives and fortunes to
the mercy of their arbitary fancies, opinions and sentences.
To these Grievances are added
Excessive Officers Fees, and that too under Execucon
directly against the Law made & provided to redress the
same, wherein there is no probability of a legall remedy, the
Officers themselves that are partys and culpable being Judges.
The like Fee being imposed upon and extorted from Masters
and Owners of Vessels trading into this Province, without any
Law to justifie the same, and directly against the plaine words
of the said Charter that say there shall be no imposition or
assessment without the consent of the Freemen in the Assembly
to the great obstruccon of trade and prejudice of the
Inhabitants.
The like excessive Fees imposed upon and extorted from
the owners of Vessels that are built here or do really belong
to the Inhabitants contrary to an Act of Assembly made and
provided for the same, wherein moderate and reasonable Fees
are ascertained for the promoting and incouragement of
Shipping and navigation amongst ourselves.
The frequent pressing of men, horses, boats, provisions and
other necessarys in time of peace and often to gratifie private
designs and occations, to the great burthen and regrett of the
Inhabitants contrary to Law and several Acts of Assembly in
that case made and provided.
The seirvice and apprehending of Protestants in their
houses with armed force consisting of Papsts and that in time
of peace, thence hurrying them away to Prisons without Warrant
or cause of comittment these kept and confined with
popish guards a long time without tryall.
Not only private but publick outrages, & murthers committed
and done by papists upon Protestants without redress,
but rather conived at and tolerated by the cheif in authority,
and indeed it were in vain to desire or expect any help or
other measures from them being papists and guided by the
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Councills and instigacon of the Jesuits, either in these or any
other grievances or oppresions, and yet these are the men
that are our Cheif Judges at the Comon Law in Chancery of
the Probat of Wills and the Affairs of Administration in the
Upper House of Assembly, and Cheif military Officers and
Commanders of our forces, being still the same individuall
persons, in all these particular qualifications & places.
These and many more even infinit pressures and Calamitys,
wee have hitherto layne with patience under and submitted to,
hoping that the same hand of providence that hath sustained
us under them would at length in due time release us. And
now at length for as much as it hath pleased Almighty God,
by meanes of the great prudence and conduct of the best of
Princes our most gracious King William to putt a check to
that great inudation of Slavery and Popery, that had like to
overwhelm their Majestys Protestant Subjects in all their
Territorys and Dominions (of which none have suffered more or
are in greater danger than ourselves) Wee hoped and expected
in our particular Stations and qualifications, a proportionable
shew in soe great a blessing.
But our greatest grief and consternation, upon the first news
of the great overture and happy change in England, wee
found ourselves surrounded with strong and violent endeavours
from our Governors here (being the Lord Baltemores
Deputys and Representatives) to defeat us of the same.
Wee still find all the meanes used by these very persons
and their Agents, Jesuits, Priests, and lay papists that are of
malice can suggest to devise the obedience and loyalty of the
inhabitants from their most sacred Majestys to that height of
impudence that solemn masses and prayers are used (as we
have very good informacon) in their Chappells and Oratorys
for the prosperous success of the popish forces in Ireland,
and the French designs against England, whereby they would
involve us, in the same crime of disloyalty with themselves and
render us obnoxious to the insupportable displeasure of their
Majesties.
Wee every where have not only publick protestations against
their Majesties rights and possessions of the Crown of England,
but their most illustrious persons vilefied and aspected
with the worst and most trayterous expressions of obloquie
and detraction.
Wee are every day threatened with the loss of our lives,
libertys and Estates of which wee have great reason to think
ourselves in eminent danger by the practises and machinacons
that are on foot to betray us to the French, Northern and other
Indians of which some have been dealt withall, and others
invited to assist in our distruccon, well remembering the
incursion and invade of the said Northern Indians in the year
1681, who were conducted into the heart of this Province by
French Jesuits, and lay sore upon us while the Representatives
of the Country, then in the Assembly were severely prest upon
by our superiours to yield them an unlimited and tyrannicall
power in the Affairs of the Militia As so great a piece of villany
cannot be the result but of the worst of principles, soe wee
should with the greatest difficulty believe it to be true if
undeniable evidence and circumstances did not convince Us.
Together with the promises we have with all due thinking
and deliberacon considered the endeavours that are making to
disunite us among ourselves, to make and inflame differences
in our neighbour Collony of Virginia, from whose friendshipp,
vicinity great loyalty and samenes of Religion wee may expect
assistance in our greatest necessity. Wee have considered
that
all the other branches of their Majesty's Dominions in this
part of the world (as well as wee could be informed) have
done their duty in proclaiming and asserting their undoubted
right in these & all other their Majesties Territoryes &
Countys.
But above all with due and mature deliberacon wee have
reflected upon that vast gratitude and duty incumbent like
wise upon us, to our Sovereign Lord and Lady the King and
Queene's most Excellent Majesty's in which as it would not be
safe for us, soe it will not suffer us to be silent in soe great
and general a Jubilee, withall considering and looking upon
ourselves, discharged, dissolved and free from all manner of
duty, obligacon or fidelity to the Deputy Govr or Chief Magistrate
here as such they having departed from their Allegiance (upon
which alone our said duty and fidelity to them
depends) and by their Complices and Agents aforesaid endeavoured
the destruccon of our religion, lives, libertys, and propertys
all which they are bound to protect.
These are the reasons, motives and considerraccons which
wee doe declare have induced us to take up Arms to preserve,
vindicate and assert the sovereign Dominion and right of
King William and Queen Mary to this Province; to defend
the Protestt Religion among us, and to protect and chelter the
Inhabitants from all manner of violence, oppression and
destruccon, that is plotted and designed against them, the which
wee doe solemnly declare and protest wee have noe designes
or intentions whatsoever.
For the more effectual Accomplishment of which, wee will
take due care that a full and free Assethbly be called and conven'd
with all possible expedicon by whom we may likewise
have our condicon circumstances, and our most dutyfull
addresses represented and tendered to their Majesties, from
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whose great wisdom, justice and special care of the protestant
religion wee may reasonably and comfortably hope to be delivered
from our present calamity and for the future be secured
under a just and legall Administracon from being ever more
subjected to the yoke of arbitrary government of tyranny and
popery.
In the --- of ---- wee will take care, and doe promise
that no person now in armes with us, or that shall come to
assist us shall committ any outrage or doe any violence to any
person whatsoever that shall be found peaceable and quiet
and not oppose us in our said just and necessary designes,
and that there shall be a just and due satisfaccon made for
provisions and other necessarys had and received from the
Inhabitants and the souldiers punctually and duely payed in
such wayes and methodes as have been formerly accustomed
or by Law ought to bee.
And wee doe lastly invite and require all manner of persons
whatsoever residing or Inhabiting in this Province, as they
tender their Allegiance, the Protestant Religion, their Lives,
fortunes and Families, to ayd and assist us in this our
undertaking.
Given under our hands, Maryland the 25th day of July in
the first year of their Majesties Reign Anno Dom: 1689.
John COODE
Hen. JOWLES
Jno CAMBELL
Hum: WARREN
Kenelm CHESELDYN
Wm PURLING
Wla [sic] BLACKISTON
Ricd CLOUDS.
Declaration of the Inhabitants
of Maryland.
Read. 22. Novr 90.
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