power to le Grant of the near fo many barbarous nations, the incurfions as well of the vy forces favages themselves, as of other enemies, pirates, and roband make bers, may probably be feared, therefore we have given, and war, and do for us, our heirs and fucceffors, do give power by these preevery thing fents, unto the faid William Penn, his heirs and affigns, by the office of themselves, or their captains, or other their officers, to levy, a captain mufter, and train all forts of men, of what condition, or general of wherefoever born, in the faid province of Penfylvania, for the belonging to an army. time being, and to make war, and purfue the enemies and robbers aforesaid, as well by fea, as by land, yea, even without the limits of the faid province, and (by God's affistance) to vanquish and take them; and being taken, to put them to death, by the law of war, or to fave them, at their pleasure; and to do all and every other thing, which unto the charge and office of a captain-general of an army belongeth, or hath accustomed to belong, as fully and freely as any captainPower to general of an army hath ever had the fame. And furthermore, of our fpecial grace, and of our certain knowledge, and in inherit- mere motion, we have given and granted, and by thefe pre grant lands ance, to hold of fents, for us, our heirs and fucceffors, do give and grant unto themselves. the faid William Penn, his heirs and affigns, full and abfolute power, licence, and authority, that he the faid William Penn, his heirs and affigns, from time to time hereafter, for ever, at his and their will and pleasure, may affign, alien, grant, demife, or enfeoff of the premises, fo many and fuch part or parcels to him or them that shall be willing to purchase the fame, as they fhall think fit; to have and to hold to them the faid perfon or perfons willing to take or purchase, their heirs and affigns, in fee fimple, or in fee tail, or for the term of life or lives, or years, to be held of the faid William Penn, his heirs and affigns, as of the feignory of Windfor, by fuch fervices, cuftoms, and rents, as fhall feem fit to the faid William Penn, his heirs and affighs, and not immediately of us, our heirs and fucceffors: And to the fame perfon or perfons, and to all and every of them, we do give and grant, by these prefents, for us, our heirs and fucceffors, licence, authority and power that fuch perfon or perfons may take the premises, or any parcel thereof, of the faid William Penn, his heirs, or affigns, and the fame hold to themselves, their heirs or affigns, in what estate of inheritance foever, in fee fimple, or in fee tail, or otherwife, as to him the faid William Penn, his heirs and affigns, fhall feem expedient; the ftatute made in the parliament of Edward, fon of King Henry, late King of England, our predeceffor, commonly called the ftatute " 'Quia "emptores terrarum," lately published in our kingdom of England, erecting manors. England, in any wife notwithstanding. And by these pre- Power of fents, we give and grant licence unto the faid William Penn, and his heirs, likewife to all and every fuch perfon and perfons, to whom the faid William Penn, or his heirs, shall, at any time hereafter, grant any eftate of inheritance as aforefaid, to erect any parcels of land within the province aforefaid, into manors, by and with the licence to be firft had and obtained for that purpose, under the hand and feal of the faid William Penn, or his heirs, and in every of the faid manors to have and to hold a court of Baron, with all things whatsoever which to a court Baron do belong, and to have and to hold view of frank pledge (for the confervation of the peace, and the better government of thofe parts) by themfelves or their stewards, or by the lords, for the time being, of other manors to be deputed when they fhall be erected, and in the fame to ufe all things belonging to view of frank pledge: And we do further grant licence and authority, that every such person and perfons who fhall erect any fuch manor or manors as aforefaid, shall or may grant all or any part of his faid lands to any perfon or perfons in fee fimple or any other estate of inheritance, to be held of the faid manors repectively, fo as no further tenures fhall be created; but that upon all further and other alienations thereafter to be made, the faid lands fo aliened fhall be held of the fame lord, and his heirs, of whom the alienor did then before hold, and by the like fervices, which were before due and accustomed. And further our pleasure is, and by these presents, for us, No taxes our heirs and fucceffors, we do covenant and grant to and fhall be laid upon the inwith the faid William Penn, and his heirs and affigns, that habitants, we, our heirs and fucceffors, fhall at no time hereafter fet or but by act of make, or cause to fet any impofition, custom, or other taxa- affembly or tion, rate, or contribution whatfoever, in and upon the dwel- act of par lers and inhabitants of the aforefaid province, for their lands, tenements, goods, or chattels within the faid province, or in and upon any goods and merchandize within the said province, or to be laden or unladen within the ports or harbours of the faid province, unless the fame be with the confent of the proprietary, or chief governor, and affembly, or by act of parliament in England. And our pleasure is, and for us, our heirs, and fucceffors, we charge and command, that this our declaration fhall from henceforward, from time to time be received and allowed in all our courts, and before all the judges of us, our heirs and fucceffors, for a fufficient difcharge, payment and acquittance, commanding all and fingular the officers and minifters of us, our heirs and fucceffors, and enjoin P ing liament. ing them, upon pain of our high difpleasure, that they do not prefume, at any time, to attempt any thing to the contrary of the premises, or that they do in any fort withstand the fame; but that they be at all times aiding and affifting, as fitting, unto the faid William Penn, and his heirs, and to the inhabitants and merchants of the faid province aforefaid, their fervants,, minifters, factors, and affigns, in the full use and If twenty or fruition of the benefit of this our Charter. And our further fons defire pleasure is, and we do hereby, for us, our heirs and fuccefit, preachers fors, charge and require, that if any of the inhabitants of the approved by faid province (to the number of twenty) fhall, at any time of London hereafter, be defirous, and fhall by any writing, or by any may be fent perfon deputed by them, fignify fuch their defire to the Bi more per to them. Feb. 28, 1681-2. fhop of London, for the time being, that any preacher or preachers, to be approved of by the faid Bifhop, may be sent unto them for their inftruction, that then fuch preacher or preachers fhall and may be and refide within the said province, without any denial or moleftation whatsoever. And if perchance hereafter it shall happen, any doubts or questions fhould arife concerning the true fenfe and meaning of any word, claufe, or fentence contained in this our present Charter, we will, ordain, and command, that at all times, and in all things, fuch interpretations be made thereof and allowed, in any of our courts whatsoever, as fhall be adjuged most advantageous and favourable unto the faid William Penn, his heirs and affigns,; provided always, that no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and fucceffors, may fuffer any prejudice or diminution; although exprefs mention be not made in these presents of the true yearly value and certainty of the premises, or of any part thereof, or of other gifts and grants made by us, our progenitors or predeceffors, unto the faid William; or any statute, act, ordinance, provifion, proclamation, or restraint heretofore had, made, publifhed, ordained, or provided, or any other thing, caufe, or matter whatfoever, to the contrary thereof, in any wife notwithstanding. In witnefs, &c. Witnefs Ourfelf at Westminster, the eight and twentieth day of February. By Writ of Priny Seal. 1 MARYLAND MARYLAND CHARTER, Granted by King CHARLES the Firft, to Cæcilius, Lord [Tranflated from the Latin original.] CHARLES, by HARLES, by the grace of God, King of England, Scotland, France, and Ireland, defender of the faith, &c. To all to whom these prefents fhall come, greeting: Whereas our right trufty and well beloved fubject Cæcilius Calvert, baron of Baltimore, in our kingdom of Ireland, fon and heir of Sir George Calvert, knight, late baron of Baltimore, in the fame kingdom of Ireland, purfuing his father's intentions, being excited with a laudable and pious zeal for the propagation of the Chriftian faith, and the enlargement of our empire and dominion, hath humbly befought leave of us, by his induftry and charge, to tranfport an ample colony of the English nation unto a certain country hereafter described, in the parts of America not yet cultivated and planted, though in fome parts thereof inhabited by certain barba rous people, having no knowledge of Almighty God; and hath humbly befought our royal Majefty to give, grant, and confirm the faid country, with certain privileges and jurif dictions, requifite for the faid government and ftate of his colony and country aforefaid, to him and his heirs for ever. Know ye therefore, I hat we, favouring the pious and no- Gránt. ble purpose of the faid 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 fucceffors, do give, grant, and confirm, unto the said Cæcilius, now Baron of Baltimore, his heirs and affigns, all that part of a peninfula, lying in the parts Lands of America, between the ocean on the eaft, and the bay of granted. Chesapeak on the weft, and divided from the other part thereof by a right line drawn from the promontory, or cape of land, called Watkin's Point (fituate in the aforefaid bay, near the river of Wighco) on the weft, unto the main ocean on the east; and between that bound on the fouth unto that part of Delaware bay on the north, which lieth under the P 2 fortieth fortieth degree of northerly latitude from the equinoctial, where New England ends; and all that tract of land between the bounds aforefaid; that is to fay, paffing from the aforefaid unto the aforefaid bay called Delaware bay, in a right line by the degree aforefaid, unto the true meridian of the first fountain of the river Potowmack, and from thence tending toward the fouth unto the further bank of the aforefaid river, and following the weft and fouth fide thereof unto a certain place called Cinquack, fituate near the mouth of the faid river, where it falls into the bay of Chefapeak, and from thence by a freight line unto the aforefaid promontory and place called Watkin's Point (fo that all that tract of land divided by the line aforefaid, drawn between the main ocean and Watkin's Point, unto the promontory called Cape Charles, and all its appurtenances, do remain entirely, excepted to us, our heirs and fucceffors, for ever.) We do alfo grant and confirm unto the faid lord Baltimore, his heirs and affigns, all iflands and iflets within the limits aforesaid, and all and fingular the islands and iflets which are or fhall be in the ocean, within ten leagues from the eastern fhore of the faid country towards the eaft, with all and fingular ports, harbours, bays, rivers, and inlets, belonging unto the country and iflands aforefaid; and all the foil, lands, fields, woods, mountains, fens, lakes, rivers, bays, and inlets, fituate or being within the bounds and limits aforefaid; with the fishing of all forts of fifh, whales, fturgeons, and all other royal fishes in the fea, bays, inlets, or rivers, within the premifes, and the fifh therein taken. And moreover, all veins, mines, and quarries, as well difcovered as not difcovered, of gold, filver, gems, and precious ftones, and all other whatfoever, be it of ftones, metals, or of any other thing or matter whatfoever, found, or to be found," within Patronage the country, ifles and limits aforefaid. And furthermore, the ches, with patronages and advowfons of all churches, which (as Chriftian licence to religion fhall increase within the country, ifles, iflets, and build them. limits aforefaid) fhall happen hereafter to be erected; toge of all chur ther with licence and power to build and found churches, chapels, and oratories, in convenient and fit places within Royal the premises, and to caufe them to be dedicated and conferights and crated according to the ecclefiaftical laws of our kingdom of privileges England: together with all and fingular the like, and as amof the fame ple rights, jurifdictions, privileges, prerogatives, royalties, as liberties, immunities, royal rights and franchifes, of what thofe enjoy-kind foever, temporal, as well by fea as by land, within the bishop of country, ifles, iflets, and limits aforefaid; to have, exercife, extent ed by the Durham. ufe |