CHARTER OF MARYLAND.

[As this volume may probably circulate further than the limits of the State of Maryland, and where the reader may not readily have access to a copy of the Charter of that State, as granted to lord Baltimore, it is thought most proper to insert here the translation of it, from the original latin, as it appears in Bacon's Collection of the laws of Maryland, which translation has always been deemed so authentic as nearly to have superseded the use of the original.]

CHARLES,* by the grace of God, of England, Scotland, France, and Ireland, KING, Defender of the Faith, &c. TO ALL to whom these presents shall come, GREETING.

II. Whereas our well beloved and right trusty subject CECILIUS CALVERT, Baron of BALTIMORE, in our kingdom of Ireland, son and heir of GEORGE CALVERT, knight, late baron of BALTIMORE, in our said kingdom of Ireland, treading in the steps of his father, being animated with a laudable and pious zeal for extending the christian religion, and also the territories of our empire, hath humbly besought leave of us, that he may transport, by his own industry, and expense, a numerous colony of the English nation, to a certain region, herein after described, in a country hitherto uncultivated, in the parts of America, and partly occupied by savages, having no knowledge of the Divine Being, and that all that region, with some certain privileges, and jurisdictions, appertaining unto the wholesome government, and state of his colony and region aforesaid, may by our royal highness be given, granted, and confirmed unto him, and his heirs.

III. KNOW YE therefore, that WE, encouraging with our royal favour, the pious and noble purpose of the aforesaid barons of BALTIMORE, of our special grace, certain knowledge, and mere motion, have GIVEN, GRANTED, and CONFIRMED, and by this our present CHARTER, for us, our heirs, and successors, do GIVE, GRANT, and CONFIRM, unto the aforesaid CECILIUS, now baron of BALTIMORE, his heirs, and assigns, all that part of the

* Charles the first, of England.

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Peninsula, or Chersonese, lying in the parts of America, between the ocean on the east, and the bay of Chesapeake on the west; divided from the residue thereof by a right line drawn from the promontory, or head-land, called Watkin's Point, situate upon the bay aforesaid, near the river Wighco, on the west, unto the main ocean on the east; and between that boundary on the south, unto that part of the bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the æquinoctial, where New England is terminated: and all the tract of that land within the metes underwritten, (that is to say,) passing from the said bay, called Delaware bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the river of Pattowmack, thence verging towards the south, unto the farther bank of the said river, and following the same on the west and south, unto a certain place called Cinquack, situate near the mouth of the said river, where it disembogues into the aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place, called Watkin's Point, so that the whole tract of land, divided by the line aforesaid, between the main ocean, and Watkin's Point, unto the promontory called Cape Charles, and every the appendages thereof, may entirely remain excepted for ever to us, our heirs, and successors.

IV. Also We do GRANT, and likewise CONFIRM unto the said baron of BALTIMORE, his heirs, and assigns, all islands and islets within the limits aforesaid, all and singular the islands, and islets, from the eastern shore of the aforesaid region, towards the east, which have been, or shall be formed in the sea, situate within ten marine leagues from the said shore; with all and singular the ports, harbors, bays, rivers, and straits belonging to the region or islands aforesaid, and all the soil, plains, woods, mountains, marshes, lakes, rivers, bays, and straits, situate, or being within the metes, bounds, and limits aforesaid, with the fishings of every kind of fish, as well of whales, sturgeons, or other royal fish, as of other fish in the sea, bays, straits, or rivers, within the premises, and the fish there taken: and moreover all veins, mines, and quarries, as well opened as hidden, already found, or that shall be found within the region, islands, or limits aforesaid, of gold, silver, gems, and precious stones, and any other whatsoever, whether they be of stones, or metals, or of any other thing, or matter whatsoever: and furthermore the PATRONAGES and ADVOW SONS of all churches which (with the increas

ing worship and religion of CHRIST,) within the said region, islands, islets, and limits aforesaid, hereafter shall happen to be built; together with licence, and faculty of erecting and found. ing churches, chapels, and places of worship, in convenient and suitable places, within the premises, and of causing the same to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of ENGLAND;* With all, and singular, such, and as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and royal rights, and temporal franchises whatsoever, as well by sea as by land, within the region, islands, islets, and limits aforesaid, to be had, exercised, used, and enjoyed, as any bishop of Durham within the bishoprick or county palatine of Durham, in our kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of right could, or ought to have, hold, use, or enjoy.

V. And We do by these presents, for us, our heirs and successors, MAKE, CREATE, and CONSTITUTE HIM, the now baron of BALTIMORE, and his heirs, the TRUE and ABSOLUTE LORDS and PROPRIETARIES of the region aforesaid, and of all other the premises (except the before excepted) saving always the faith and allegiance and sovereign dominion due to us, our heirs, and successors; to HAVE, HOLD, POSSESS, and ENJOY the aforesaid region, islands, islets, and other the premises, unto the aforesaid now baron of BALTIMORE, and to his heirs and assigns, to the sole and proper behoof and use of him, the now baron of BALTIMORE, his heirs and assigns, for ever. Το HOLD of us, our heirs and successors, kings of England, as of our castle of Windsor, in our county of Berks, in free and common socCAGE, by fealty only for all services, and not in capite, nor by knight's service, YIELDING therefore unto us, our heirs and successors, TWO INDIAN ARROWS of those parts, to be de

*It would seem from this and the preceding section, that all that follows from the word “England," of this fourth section above, relates to the whole of the grant, and is not confined to the "patronages and advowsons of churches," as would seem at first from the manner in which it is printed in the translation in Bacon's laws. In the original latin, in the opposite page, (as it is in Bacon's laws,) the word "Cum" is printed with a capital letter, which denotes, that a new sentence was intended to begin there; and that the sentence "rights, jurisdictions," &c. refers to all that was granted in the third and preceding part of the fourth section. The words,-" as well by sea as by land," &c. confirm this construction. I have, therefore, made a semicolon, instead of a comma, (as it is printed in Bacon's laws,) at the word "England," and altered the small w of the word "with" into a capital W.

livered at the said castle of Windsor, every year, on Tuesday in Easter-week: and also the fifth part of all gold and silver ore, which shall happen from time to time, to be found within the aforesaid limits.

VI. Now, that the aforesaid region, thus by us granted and described, may be eminently distinguished above all other regions of that territory, and decorated with more ample titles, KNOW YE, that WE, of our more special grace, certain knowledge, and mere motion, have thought fit that the said region and islands be erected into a PROVINCE, as out of the plenitude of our royal power and prerogative, we do, for us, our heirs and successors, ERECT and INCORPORATE the same into a PROVINCE, and nominate the same MARYLAND, by which name we will that it shall from henceforth be called.

VII. And forasmuch as WE have above made and ordained the aforesaid now baron of BALTIMORE, the true LORD and PROPRIETARY of the whole PROVINCE aforesaid, KNOW YE therefore further, that wE, for us, our heirs and successors, do grant unto the said now baron, (in whose fidelity, prudence, justice, and provident circumspection of mind, we repose the greatest confidence) and to his heirs, for the good and happy government of the said PROVINCE, free, full, and absolute power, by the tenor of these presents, to ordain, make, and enact LAWS, of what kind soever, according to their sound discretions, whether relating to the public state of the said PROVINCE, or the private utility of individuals, of and with the advice, assent, and approbation of the free men of the same PROVINCE, or of the greater part of them, or of their delegates or deputies, whom we will shall be called together for the framing of LAWS, when, and as often as need shall require, by the aforesaid now baron of BALTIMORE, and his heirs, and in the form which shall seem best to him or them, and the same to publish under the seal of the aforesaid now baron of BALTIMORE and his heirs, and duly to execute the same upon all persons, for the time being, within the aforesaid PROVINCE, and the limits thereof, or under his or their. government and power, in sailing towards MARYLAND, or thence returning, outward-bound, either to England, or elsewhere, whether to any other part of our, or of any foreign dominions, wheresoever established, by the imposition of fines, imprisonment, and other punishment whatsoever; even if it be necessary, and the guilty of the offence require it, by privation of

member, or life, by him the aforesaid now baron of BALTIMORE, and his hiers, or by his or their deputy, lieutenant, judges, jus- tices, magistrates, officers, and ministers, to be constituted and appointed according to the tenor and true intent of these presents, and to constitute and ordian judges, justices, magistrates and officers, of what kind, for what cause, and with what power soever, within that land, and the sea of those parts, and in such form as to the said now baron of BALTIMORE, or his heirs, shall seem most fitting: and also to remit, release, parcion, and abolish, all crimes and offences whatsoever against such laws, whether before, or after judgment passed; and to do all and singular other things belonging to the completion of justice, and to courts, pretorian judicatories, and tribunals, judicial forms and modes of proceeding, although express mention thereof in these presents be not made; and, by judges by them delegated, to award process, hold pleas, and determine in those courts, pretorian judicatories, and tribunals, in all actions, suits, causes, and matters whatsoever, as well criminal as personal, real and mixed, and protorian: Which said laws, so to be published as abovesaid, WE will, enjoin, charge, and command, to be most absolute and firm in law, and to be kept in those parts by all the subjects and liege-men of us, our heirs and successors, so far as they concern them, and to be inviolably observed under the penalties therein expressed, or to be expressed. So NEVERTHELESS, that the laws aforesaid be consonant to reason, and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the laws, statutes, customs and rights of this our kingdom of England.

VIII. And forasmuch as, in the government of so great a PROVINCE, sudden accidents may frequently happen, to which it will be necessary to apply a remedy, before the freeholders of the said PROVINCE, their delegates, or deputies, can be called together for the framing of laws; neither will it be fit that so great a number of people should immediately on such emergent occasion, be called together, WE, therefore, for the better government of so great a PROVINCE, do will and ordain, and by these presents, for us, our heirs and successors, do grant unto the said now baron of Baltimore; and his heirs, by themselves, or by their magistrates and officers, thereunto duly to be constituted as aforesaid, may, and can make and constitute fit and wholesome ordinances from time to time, to be kept and observ