halmer.]

As early as the year 1631, Charles had granted a license to William
Clayborne, one of the council and secretary of state of Virginia, "to
traffic in those parts of America for which there is already no patent
granted for sole trade." To enforce this license, Harvey, then
governor of Virginia, had granted his commission also, containing the
same powers. Under this license and commission, Clayborne made a small
settlement in the isle of Kent, near Annapolis, which he continued to
claim; and refused to submit to the jurisdiction of Maryland. Not
content with infusing his own turbulent spirit into the inhabitants of
Kent island, he scattered jealousies among the natives, and persuaded
them that "the new comers" were Spaniards, and enemies of the
Virginians. Having been indicted, and found guilty of murder, piracy,
and sedition, he fled from justice; whereupon his estate was seized
and confiscated. Clayborne loudly denounced these proceedings as
oppressive, and complained of them to his sovereign. At the same time,
he prayed for a confirmation of his former license to trade, and for a
grant of other lands adjoining the isle of Kent, with power to govern
them. The lords commissioners of the colonies, to whom this subject
was referred, determined that the lands in question belonged to Lord
Baltimore; and that no plantation, or trade with the Indians, within
the limits of his patent, ought to be allowed, without his permission.
The other complaints made by Clayborne were not deemed proper for the
interference of government.

{1639}

Hitherto, the legislature had been composed of the whole body of the
freemen. But the increase of population, and the extension of
settlements, having rendered the exercise of the sovereign power by
the people themselves intolerably burdensome, an act was passed, in
1639, "for establishing the House of Assembly." This act declared that
those elected should be called burgesses, and should supply the place
of the freemen who chose them, as do the representatives in the
Parliament of England. These burgesses, with others called by special
writ, together with the governor and secretary, were to constitute the
General Assembly; but the two branches of the legislature were to sit
in the same chamber. In 1650, this last regulation was changed; and an
act was passed declaring that those called by special writ should form
the upper house, while those chosen by the hundreds should compose the
lo