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MARYLAND CHARTER,

Granted by King CHARLES the Firft, to Cæcilius, Lord
Baron of Baltimore.

C

[Tranflated from the Latin original.]

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, pursuing 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 barbarous 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 jurifdictions, requifite for the faid government and ftate of his colony and country aforefaid, to him and his heirs for ever.

Grant.

Know ye therefore, I hat we, favouring the pious and noble 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 faid 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 east, 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

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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 Chesapeak, 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 islands and iflets within the limits aforefaid, 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 islands 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 fish, whales, fturgeons, and all other royal fishes in the fea, bays, inlets, or rivers, within the premises, and the fish 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 whatsoever, 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, inlets, 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 ed by the bishop of country, ifles, iffets, and limits aforefaid; to have, exercise,

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afe and enjoy the fame, as amply as any bifhop 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, heid, used, 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 abfolute 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 ifles, inlets, and other the premifes, 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.

Habendum.

To be holden of us, our heirs and fucceffors, Kings of Tenendum. England, as of our castle 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 Indian arrows of thofe parts, to be delivered at our faid caftle of Windsor, every year the Tuesday 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 islands into a pro- the name of vince; as out of the fullness of our royal power and prerogative, 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.

Maryland.

the power

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And forasmuch as we have hereby made and ordained Grant of the aforefaid now Lord Baltimore, the true lord and pro- to make prietary of all the province aforefaid: Know ye, therefore, laws for the that we repofing special truft and confidence in the fideli- faid proty, wisdom, 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 abfolute power, by virtue of thefe the content prefents, to him and his heirs, for the good and happy go- of the freevernment of the faid country, to ordain, make, enact, and of, or their under his and their feals to publifh, any laws whatfoever ap- deputies. pertaining either unto the public state of the faid province,

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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 shall And of the require, we will, that the faid now Lord Baltimore, and his heirs, fhall affemble 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 shall 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, justices, magiftrates, officers, and ministers, to be ordained or appointed, according to the tenor and true intention of these prefents; and likewife to appoint and establifh any judges, juftices, magiftrates, and officers, whatsoever, at fea and land, for what cause foever, and with what power foever, and in fuch form as to the faid now Lord Baltimore, or his heirs, fhall feem moft 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 establishment of juftice unto courts, prætories, and tribunals, forms of judicature, and manners of proceedings, do belong, altho' in these presents express mention be not made thereof; and by judges by them delegated to award process, 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 most 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 those 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 reason, fonant to 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.

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And forafmuch as in the government of fo great a province, Power in fudden accidents do often happen, whereunto it will be necessary to apply a remedy, before the freeholders of the faid make ordiprovince, or their delegates or deputies, can be affembled to the making of laws; neither will it be convenient, that in- extending ftantly upon every fuch emergent occafion, fo great a multi- limb, freetude fhould be called together; therefore, for the better go- hold, or vernment of the faid province, we will and ordain, and by chattels, 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 observed, as well for the preservation 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 pleafure 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 so 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.

to go and

the faid

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 fettle themthese presents, 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 fhall be fpecially province. forbidden) to transport themselves and families unto the said province, with convenient fhipping, and fitting provisions, 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 also, and of our more special grace, for us, General deour heirs and fucceffors, we do ftrictly enjoin, conftitute, nization of ordain, and command, That the faid province fhall be of our all the fetallegiance faid pro

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