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.
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 lower house; and that bills assented to by both branches of the legislature and by the governor, should be deemed the laws of the province.