parts and parcels of the premises, to any person or persons willing to purchase the same, as they shall think convenient, to have and to hold to the same person or persons willing to take or purchase the same, and his and their heirs and assigns, in fee simple, or fee tail, or for term of life, lives, or years; to hold of the aforesaid now baron of BALTIMORE, his heirs and assigns, by so many, such, and so great services, customs and rents oF THIS KIND, as to the same now baron of BALTIMORE, his heirs and assigns, shall seem fit and agreeable, and not immediately of us, our heirs or successors. And we do give, and by these presents, for us, our heirs and successors, do grant to the same person and persons, and to each and every of them, license, authority, and power, that such person and persons, may take the premises, or any parcel thereof, of the aforesaid now baron of BALTIMORE, his heirs and assigns, and hold the same to them and their assigns, or their heirs, of the aforesaid baron of BALTIMORE, his heirs and assigns, of what estate of inheritance soever, in fee simple or fee tail, or otherwise, as to them and the now baron of BALTIMORE, his heirs and assigns, shall seem expedient; the statute made in the parliament of lord EDWARD, son of king HENRY, late king of England, our progenitor, commonly called the "STATUTE QUIA EMPTORES TERRARUM," heretofore published in our kingdom of England, or any other statute, act, ordinance, usage, law, or custom, or any other thing, cause or matter, to the contrary thereof, heretofore had, done, published, ordained or provided to the contrary thereof notwithstanding.

XIX. We, also, by these presents, do give and grant license to the same baron of BALTIMORE, and to his heirs, to erect any parcels of land within the province aforesaid, into manors, and in every of those manors, to have and to hold a court-baron, and all things which to a court-baron do belong; and to have and to keep view of frank-pledge, for the conservation of the peace and better government of those parts, by themselves and their stewards, or by the lords, for the time being to be deputed, of other of those manors when they shall be constituted, and in the same to exercise all things to the view of frank-pledge belonging.

XX. And further We will, and do, by these presents, for us, our heirs and successors, covenant and grant to, and with the aforesaid now baron of BALTIMORE, his heirs and assings, that we, our heirs and successors, at no time hereafter, will impose, or make or cause to be imposed, any impositions, customs, or other

taxations, quotas or contributions whatsoever, in or upon the residents or inhabitants of the province aforesaid, for their goods, lands, or tenements within the same province, or upon any tenements, lands, goods or chattels within the province aforesaid, or in or upon any goods or merchandizes within the province aforesaid, or within the ports or harbours of the said province, to be laden or unladen: And we will and do, for us, our heirs and successors, enjoin and command that this our declaration shall, from time to time, be received and allowed in all our courts and pretorian judicatories, and before all the judges whatsoever of us, our heirs and successors, for a sufficient and lawful discharge, payment, and acquittance thereof, charging all and singular the officers and ministers of us; our heirs and successors, and enjoining them, under our heavy displeasure, that they do not at any time presume to attempt any thing to the contrary of the premises, or that may in any wise contravene the same, but that they, at all times, as is fitting, do aid and assist the aforesaid now baron of BALTIMORE, and his heirs, and the aforesaid inhabitants and merchants of the province of MARYLAND aforesaid, and their servants and ministers, factors and assigns, in the fullest use and enjoyment of this our CHARTER.

XXI. And furthermore We will, and by these presents, for us, our heirs and successors, do grant unto the aforesaid now baron of BALTIMORE, his heirs and assigns, and to the freeholders and inhabitants of the said province, both present and to come, and to every of them, that the said province, and the freeholders or inhabitants of the said colony or country, shall not henceforth be held or reputed a member or part of the land of Virginia, or of any other colony already transported, or hereafter to be transported, or be dependent on the same, or subordinate in any kind of government, from which we do separate both the said province, and inhabitants thereof, and by these presents do will to be distinct, and that they may be immediately subject to our crown of England, and dependent on the same for ever.

XXII. And if, peradventure, hereafter it may happen, that any doubts or questions should arise concerning the true sense and meaning of any word, clause, or sentence, contained in this our present CHARTER, we will, charge and command, THAT interpretation to be applied, always, and in all things, and in all our courts and judicatories whatsoever, to obtain which shall be judged to be the more beneficial, profitable, and favour

able to the aforesaid now baron of BALTIMORE, his heirs and assings: provided always, that no interpretation thereof be made, whereby GoD's holy and true christian religion, or the allegiance due to us, our heirs and successors, may in any wise suffer by change, prejudice, or diminution; although express motion* be not made in these presents of the true yearly value or certainty of the premises, or of any part thereof, or of other gifts and grants made by us, our heirs and predecessors, unto the said now lord BALTIMORE, or any statute, act, ordinance, provision, proclamation or restraint, heretofore had, made, published, ordained or provided, or any other thing, cause, or matter whatsoever, to the contrary thereof in any wise notwithstanding.

XXIII. In witness whereof We have caused these our letters to be made patent. Witness ourself at Westminster, the twentieth day of June, in the eighth year of our reign.

*Mr. Bacon, in his edition of the charter, and the translation as above, has here subjoined the following note.-"The remainder from this mark * is copied from the old translation, published (together with some assembly proceedings) by order of the lower house, in the year 1725." To the same sentence, (to wit, Ea quod expressa Mentio, &c.) of the original latin, in the opposite page, he has subjoined another note, as follows:-"So endeth the attested copy, taken in the year 1758, from the original record remaining in the Chapel of the Rolls, and signed by Henry Rooke clerk of the rolls, which was lent me by his excellency Horatio Sharpe, esqr., from whence the above" (the charter in the original Latin, which is here omitted,) "is transcribed. The said copy is entitled at the head, Tertia Pars Patentium de Anno Regni CAROLI Octavo; and at the end is written as in sect. xxiii."

N. B. A copy of the charter of Maryland, in the original Latin, (taken from Bacon's Collection of the Laws of Maryland,) is inserted in Hazard's Collections, vol. 1, p. 327.

HISTORY OF MARYLAND.

CHAPTER I.

Cecilius, lord Baltimore, prepares for sending out a colony-The Virginians petition against his charter-Decision thereupon against them-Lord Baltimore appoints his brother to conduct the colony-Their arrival in the Chesapeake— Their reception by the Virginians—They explore the Patowmack-The governor fixes upon St. Mary's for the first settlement-Circumstances favorable to them-Proceedings of the colonists after landing-Great harmony between the natives and colonists-Interrupted by Clayborne and his party-The first assembly called and held—Clayborne resorts to open military force-The lord proprietor's instructions relative to grants of lands-Grants of small lots in the town of St. Mary's-The nature of the first form of government of the colony-An ordinance for that purpose-Proclamation in England against emigration-The isle of Kent reduced to lord Baltimore's government-The county of St. Mary's organized-An assembly of the province called-The second assembly of the province meet-The assembly take into consideration the laws sent in by the proprietor-The laws sent rejected-Courts of justice meetProceedings therein against Clayborne's party-The inhabitants of the isle of Kent refuse to submit-Governor Calvert proceeds with a military force against them-Secretary Lewger authorised to hold the assembly-Act of attainder against William Clayborne-Trial of Thomas Smith, one of Clayborne's men-Inquiry by the assembly into the conduct of captain Cornwallis-Resolution of the assembly relative to servants-The assembly dissolved-The lord proprietor refuses his assent to the laws enacted by the assembly-William Clayborne's petition to the king in council, and order thereupon-The nature of the provincial traffic with the Indians-Their coasting trade-Their trade to Europe-The state of religion among the colonists-The nature of the administration of justice with them.

lord Balti

Cecilius Calvert, baron of Baltimore, having, on the twen- CHAP. I. tieth of June, 1632, obtained his charter for the province of Ma- 1632. ryland, as before mentioned, had now to make preparations for Cecilius, carrying into effect his father's intended plan of colonization. more, preThe procuring a sufficient number of colonists, and the furnish- pares for sending ing them with all conveniences and necessaries essential to a re- out a colosidence in a remote country, which was as yet a wilderness, un- ny. avoidably protracted the time of their departure from England to some considerable length.