ufe and enjoy the fame, as amply as any bishop of Durham, within the bishoprick or county palatine of Durham, in our kingdom of England, hath at any time heretofore had, held, used, or enjoyed, or of right ought or might have had, held, ufed, or enjoyed.

ance of the

And him the faid now Lord Baltimore, his heirs and affigns, Saving of we do by these presents for us, our heirs and fucceffors, make, the allegicreate, and conftitute the true and absolute lords and proprie- inhabitants taries of the faid country aforefaid, and of all other the pre- and fovemifes, (except before excepted) faving always the faith and reign domiallegiance, and fovereign dominion due unto us, our heirs and nion of the fucceffors, To have, hold, poffefs, and enjoy the faid country Habendum. ifles, inlets, and other the premises, unto the faid now Lord Baltimore, his heirs and affigns, to the fule and proper use and behoof of him the faid now lord Baltimore, his heirs and affigns, for ever.

country.

To be holden of us, our heirs and fucceffors, Kings of Tenendum. England, as of our caftle of Windfor, in our county of Berks, in free and common foccage, by fealty only, for all fervices, and not in capite, or by knights fervice; yielding and paying therefore to us, our heirs and fucceffors, two Indjan arrows of those parts, to be delivered at our faid caftle of Windsor, every year the Tuefday in Eafter week, and alfo the fifth part of all gold and filver ore, within the limits aforefaid, which fhall, from time to time, happen to be found.

to a pro

Now, that the faid country, thus by us granted and de- Erection fcribed, may be eminent above all other parts of the faid ter- of the faid ritory, and dignified with large titles, Know ye, that we, of country inour further grace, certain knowledge, and mere motion, have vince, by thought fit to erect the fame country and iflands into a pro- the name of vince; as out of the fullness of our royal power and preroga- Maryland. tive, we do for us, our heirs and fucceffors, erect and incorporate them into a province, and do call it Maryland, and fo from henceforth we will have it called.

the power

to make

the advice

And forafmuch as we have hereby made and ordained Grant of the aforefaid now Lord Baltimore, the true lord and proprietary of all the province aforefaid: Know ye, therefore, laws for the that we repofing special truft and confidence in the fideli- faid proty, wifdom, juftice, and provident circumfpection of the vince, by faid now Lord Baltimore, for us, our heirs and fucceffors, and with do grant free, full, and absolute power, by virtue of these the confent prefents, to him and his heirs, for the good and happy go- of the freevernment of the faid country, to ordain, make, enact, and under his and their feals to publifh, any laws whatfoever ap- deputies. pertaining either unto the public ftate of the faid province,

ог

men there

of, or their

power to ex

ecute the

cial powers

or unto the private utility of particular perfons, according to their beft difcretions, by and with the advice, affent, and approbation of the freemen of the faid province, or the greater part of them, or of their delegates or deputies, whom for the enacting of the faid laws, when and as often as need fhall And of the require, we will, that the faid now Lord Baltimore, and his heirs, fhall aflemble in fuch fort and form as to him and them faid laws, fhall feem beft, and the faid laws duly to execute upon all and of all people within the faid province and limits thereof, for the other judi- time being, or that fhall be conftituted under the governwhatfoever. ment and power of him or them, either failing towards Maryland, or returning from thence towards England, or any other of ours or foreign dominions, by impofition of penalties, imprisonment, or any other punishment: yea, if it fhall be needful, and that the quality of the offence require it, by taking away members or life, either by him the faid now Lord Baltimore, and his heirs, or by his or their deputies, lieutenants, judges, juftices, magiftrates, officers, and ministers, to be ordained or appointed, according to the tenor and true intention of these prefents; and likewife to appoint and establish any judges, juftices, magiftrates, and officers, whatsoever, at fea and land, for what cause foever, and with what power foever, and in such form as to the faid now Lord Baltimore, or his heirs, fhall feem most convenient; alfo to remit release, pardon, and abolish, whether before judgment or after, all crimes and offences whatsoever, against the faid laws, and to do all and every other thing or things, which unto the complete eftablifhment of juftice unto courts, prætories, and tribunals, forms of judicature, and manners of proceedings, do belong, altho' in these prefents express mention be not made thereof; and by judges by them delegated to award procefs, hold pleas, and determine, in all the faid courts and tribunals, all actions, fuits, and caufes whatsoever, as well criminal as civil, perfonal, real, mixt, and prætoreal, which laws, fo, as aforefaid, to be publifhed, our pleasure is, and fo we enjoin, require, and command, fhall be moft abfolute and available in law; and that all the liege people and fubjects of us, our heirs and fucceffors, do obferve and keep the fame inviolably, in thofe parts, fo far as they concern them, under the pains therein expreffed, or to be expreffed; profaid laws vided nevertheless, That the faid laws be confonant to reafon, fonant and be not repugnant or contrary, but, as near. as convenireafon, and ently may be, agreeable to the laws, ftatutes, and rights of not repug- this our kingdom of England.

Provifio

that the

fhall be con

to

nant to the

laws of England.

And

1

certain

to life,

chattels,

men.

And forafmuch as in the government of fo great a province, Power in fudden accidents do often happen, whereunto it will be ne- cafes to ceffary to apply a remedy, before the freeholders of the faid make ordiprovince, or their delegates or deputies, can be affembled to nances, not the making of laws; neither will it be convenient, that in- extending ftantly upon every fuch émergent occafion, so great a multi- limb, freetude should be called together; therefore, for the better go- hold, or vernment of the faid province, we will and ordain, and by goods and these presents, for us, our heirs and fucceffors, do grant unto without an the faid now Lord Baltimore, and his heirs, by themfelves, affembly of or by their magiftrates and officers, in that behalf duly to be the freeordained, as aforefaid, to make and conftitute fit and wholefome ordinances, from time to time, within the faid province, to be kept and obferved, as well for the prefervation of the peace, as for the better government of the people there inhabiting, and publicly to notify the fame to all perfons whom the fame doth or may any way concern; which ordinances, our pleasure is, fhall be obferved inviolably, within the faid province, under the pains therein to be expreffed; fo as the faid ordinances be confonant to reason, and be not repugnant nor contrary, but fo far as conveniently may be, agreeable to the laws and ftatutes of the kingdom of England; and fo as the faid ordinances be not extended in any fort, to bind, charge, or take away the right or intereft of any perfon or perfons, or of their life, members, freehold, goods or chattels.

fettle them

province.

Furthermore, that this new colony may the more happily Licence to encrease by the multitude of people reforting thither, and may fubjects in the King's likewise be the more ftrongly defended from the incurfions England of favages, or other enemies, pirates and robbers: therefore and Ireland we, for us, our heirs and fucceffors, do give and grant, by to go and thefe prefents, power, licence, and liberty, unto all the felves and liege people and fubjects, both present and future, for us, our families in hers and fucceffors, (excepting those who shall be specially the faid forbidden) to tranfport themfelves and families unto the faid province, with convenient fhipping, and fitting provifions, and there to settle themselves, dwell and inhabit, and to build and fortify caftles, forts, and other places of ftrength for the public, and their own private defence, at the appointment of the faid now Lord Baltimore, and his heirs, the statute of fugitives, or any other whatsoever, the contrary of the premifes, in any wife notwithstanding.

And we will alfo, and of our more fpecial grace, for us, General deour heirs and fucceffors, we do ftrictly enjoin, conftitute, nization of ordaiu, and command, That the faid province fhall be of our lers in the allegiance faid pro

all the fet

prefent and

to come.

vince, both allegiance, and that all and fingular the fubjects and liege people of us, our heirs and fucceffors, transported or to be transported into the faid province, and the children of them, and of fuch as fhall defcend from them, there already born, or hereafter to be born, be, and fhall be denizens and lieges of us, our heirs and fucceffors, of our kingdoms of England and Ireland, and be in all things held, treated, reputed and efteemed, as the liege faithful people of us, our heirs and fucceffors, born within our kingdom of England; and likewife, any lands, tenements, revenues, services and other hereditaments what foever, within our kingdom of England, and other our dominions, may inherit, or otherwise purchase, receive, take, have, hold, buy and poffefs, and them may occupy and enjoy, give, fell, alien and bequeath, as likewife all liberties, franchifes and privileges, of this our kingdom of England, freely, quietly and peaceably, have and poffefs, occupy and enjoy, as our liege people, born, or to be born, within our faid kingdom of England, without the let, moleftation, vexation, trouble or grievance of us, our heirs and fucceffors; any ftatute, act, ordinance or provision to the contrary thereof notwithstanding.

Grant

to

the faid fet

And furthermore, that our fubjects may be the rather encouraged to undertake this expedition with ready and chearlers of a liful minds, know ye, That we, of our fpecial grace, certain berty to trade to the knowledge, and mere motion, do give and grant, by virtue faid pro- of these presents, as well unto the faid now Lord Baltimore,

vince.

and his heirs, as to all others who fhall, from time to time, repair unto the faid country with a purpose to inhabit there, or to trade with the natives of the faid province, full licence to lade and freight in any ports whatsoever, of us, our heirs and fucceffors, and into the faid province of Maryland, by them, their fervants or affigns, to transport all and fingulár their goods, wares, and merchandizes, as likewife all forts of grain whatfoever, and all other things whatfoever neceffary for food or cloathing, not prohibited by the laws and ftatutes of our kingdoms and dominions to be carried out of the faid kingdoms, any ftatute, act, ordinance, or other thing whatfoever to the contrary notwithstanding, without any lett or moleftation of us, our heirs and fucceffors, or of any the heirs of us, our heirs and fucceffors; faving always to us, our heirs and fucceffors, the legal impofitions, customs, and other duties and payments for the faid wares and merchandize, any ftatute, act, ordinance, or other thing whatfoever to the contrary notwithstanding.

And

And becaufe in fo remote a country, and fituate near fo Grant of a many barbarous nations, the incurfions as well of the fava- power to le vy forces & ges themselves, as of other enemies, pirates, and robbers, make wat, may probably be feared, therefore we have given, and for us, and do every our heirs and fucceffors, do give power, by thefe prefents, belongs to thing that unto the faid now Lord Baltimore, his heirs and affigns, the office of by themselves or their captains, or other their officers, to a captainlevy, mufter, and train all forts of men, of what condition, generalofan or wherefoever born, in the faid province of Maryland, for the time being, and to make war, and pursue the enemies and robbers aforefaid, as well by fea as by land, yea, even without the limits of the faid province, and (by God's affiftance) to vanquish and take them; and being taken, to put them to death, by the law of war, or to fave them, at their pleafure; and to do all and every other thing which unto the charge and office of a captain-general of an army beJongeth, or hath accustomed to belong, as fully and freely as any captain-general of an army hath ever had the fame.

upon

rebels

Alfo, our will and pleasure is, and by this our charter, and of a we do give unto the faid now Lord Baltimore, his heirs and power to fupprefs reaffigns, full power, liberty and authority, in cafe of rebel- bellions,and lion, tumult or fedition, if any fhould happen (which God exercife forbid) either upon the land, within the province aforefaid, martial law or upon the main fea, in making a voyage thither, or return- and defering from thence by themfelves, or their captains, deputies, or ters. other officers, to be authorized under their feals for that purpose, (to whom we alfo for us, our heirs and fucceffors, do give and grant by these prefents, full power and authority) to exercife martial law against mutinous and feditious perfons of thofe parts, fuch as fhall refufe to fubmit themselves to his or their government, or fhall refufe to ferve in the wars, or fhall fly to the enemy, or forfake their enfigns, or be loiterers or ftragglers, or otherways however offending against the law, cuftom, and difcipline military, as freely and in as ample manner and form as any captain-general of an army, by virtue of his office, might, or hath accustomed to use the fame.

nours upon

Furthermore, that the way to honours and dignities may Grant of a not feem to be altogether precluded and fhut up to men power to well-born, and fuch as fhall prepare themfelves unto this confer hoprefent plantation, and fhall defire to deferve well of us the inhabiand our kingdoms, both in peace and war, in fo far diftant tants of the and remote a country: Therefore we, for us, our heirs and province, with fucceffors, do give free and abfolute power unto the faid

faid

proper tis

now tles,