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MARYL AND CHARTER,
Granted by King CHARLĖS the First, to Cæcilius; Lord
Baron of Baltimore.
[Translated from the Latin original.]
HARLES, by the grace of God, King of England,
&c. To all to whom these presents shall come, greeting : Whereas our right_trusty and well-beloved subject Cæcilius Calvert, baron of Baltimore, in our kingdom of Ireland, fon and heir of Sir George Cålvert, knight, late baroni of Baltimore, in the same kingdom of Ireland, pursuing his father's intentions, being excited with a laudable and pious zeal for the propagation of the Christian faith, and the enlargement of our empire and dominion, hath humbly befought leave of us, by his industry and charge, to transport an ample colony of the English nation unto a certain country hereafter de scribed, in the parts of America not yet cultivated and planted, though in some parts thereof inhabited by certain barbarous people, having no knowledge of Almighty God; and hath humbly befought our royal Majesty to give, grant; and confirm the said country, with certain privilèges and jurisdictions, requisite for the said government and state of his colony and country aforesaid, to him and his heirs for ever. Know ye therefore, 'l hat we, favouring the pious and no
Grant. 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 successors, do give, grant, and confirm, unto the said Cäcilius, now Baron of Baltimore, his heirs and affigns, all that part of a peninsula, lying in the parts Lands of America, between the ocean on the east, and the bay of granted. Chesapeak on the west, and divided from the other part thereof by a right line drawn from the promontory, or cape of land, called Watkin's Point (situate in the aforesaid bay, near the river of Wighco), on the west, 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 P2
fortieth degree of northerly latitude from the equinoctial, where New England ends; and all that tract of land between the bounds aforesaid ; that is to fay, palling from the aforefaid unto the aforesaid bay called Delaware, bay, in a right line by the degree aforesaid, unto the true meridian of the first fountain of the river Potowmack, and from thence tend. ing toward the south unto the further bank of the aforesaid river, and following the west and south fide thereof unto a certain place called Cinquack, situate near the mouth of the faid river, where it falls into the bay of Chesapeak, and from thence by a streight line unto the aforesaid promontory and place called Watkin's Point (so that all that tract of land divided by the line aforesaid, 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 succeffors, for ever.)
We do also grant and confirin unto the said lord Baltimore, his heirs and affigns, all islands and iflets within the limits aforesaid, and all and fingular the islands and iftets which are or shall be in the ocean, within ten leagues from the eastern fhore of the said country towards the eaft, with all and fingular ports, harbours, bays, rivers, and inlers, belonging unto the country and islands aforesaid ; and all the soil, lands, fields, woods, mountains, fens, lakes, rivers, bays, and inlets, situate or being within the bounds and limits aforesaid; with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes in the sea, bays, inlets, or rivers, within the premises, and the fish therein taken. And moreover, all veins, mines, and quarries, as well discovered as not discovered, of gold, silver, gems, and precious stones, and all other whatsoever, be it of stones, metals, or of any other
thing or matter whatsoever, found, or to be found, within Patronage the country, ifles and limits aforesaid. And furthermore, the ches, with patronages and advowsons of all churches, which (as Christian licence to religion shall increase within the country, isles, ikkets, build them. limits aforesaid) shall happen hereafter to be erected; toge
ther with licence and power to build and found churches,
chapels, and oratories, in convenient and fit places within Royal
the premises, and to cause them to be dedicated and conserights and crated according to the ecclefiaftical laws of our kingdom of privileges England : together with all and singular the like, and as am,
ple rights, jurisdictions, privileges, prerogatives, royalties, extent as liberties, immunities, royal rights and franchises, of what those enjoy- kind foever, temporal, as well by fez as by land, within the bishop of country, isles, iffets, and limits aforesaid to have, exercise, Durham.
of the same nature and
ufe and enjoy the same, as amply as any bishop of Durham, within the bishoprick or county palaține 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.
And him the faid now Lord. Baltimore, his heirs and assigns, Saving of we do by these presents for us, our heirs and fucceffors, make, the allegicreate, and constitute the true and absolute lords and proprie
ance of the
inhabitants taries of the said country aforesaid, and of all other the pre- and lovemises, (except before excepted). saving always the faith and reign domiallegiance, and sovereign dominion due unto us, our heirs and nion of the
country fucceflors, To have, hold, poffefs, and enjoy the said country
Habendum. isles, inlets, and other the premises, unto the said 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,
To be holden of us, our heirs and fucceffors, Kings of Tenerdum. England, as of our castle of Windsor, in our county of Berks, in free and common foccage, by fealty only, for all services, and not in capite, or by knights service; yielding and paying therefore to us, our heirs and successors, two Indian arrows of those parts, to be delivered at our faid castle of Windsor, every year the Tuesday in Easter week, and also the fifth part of all gold and filver ore, within the limits aforefaid, which shall, from time to time, happen to be found.
: Now, that the faid country, thus by us granted and de- Erection scribed, may be eminent above all other parts of the faid ter- of the said 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 same country and islands 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 so from henceforth we will have it called.
And forasmuch as we have hereby made and ordained Grant of the aforesaid now Lord Baltimore, the true lord and
proprietary of all the province aforesaid : Know ye, therefore, laws for the that we reposing special trust and confidence in the fideli- said proty, wisdom, justice, and provident circumspection of the vince, by said now Lord Baltimore," for us, our heirs and successors, and with do grant free, full, and absolute power, by virtue of these 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 men there
of, or their under his and their seals to publish, any laws whatfoever ap-deputies. pertaining either unto the public state of the said province,
or unto the private utility of particular persons, according to their best discretions, by and with the advice, aflent, and approbation of the freemen of the said province, or the greater part of them, or of their delegates or deputies, whom for the
enacting of the said laws, when and as often as need thall And of the require, we will, that the said now Lord Baltimore, and his power tofs heirs, shall assemble in such fort and form as to him and them said laws, shall seem best, and the said laws duly to execute upon all and of all people within the said province and limits thereof, for the other judi- time being, or that shall be constituted under the governwhatsoever. ment and power of him or them, either failing towards Ma
ryland, or returning from thence towards England, or any other of ours or foreign dominions, by imposition 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 said now Lord Baltimore, and his heirs, or by his or their deputies, lieutenants, judges, justices, magistrates, officers, and ministers, to be ordained or appointed, according to the tenor and true intention of these presents ; and likewise to appoint and eftablish any judges, justices, magistrates, and officers, whatsoever, at sea and land, for what cause soever, and with what power soever, and in such form as to the said now Lord Bal-, timore, or his heirs, Ihall seem most convenient; also to remit release, 'pardon, and abolith, whether before judgment or after, all crimes and offences whatsoever, against the said laws, and to do all and every other thing or things, which unto the complete eftablifhment of justice 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 said courts and tribunals, all actions, suits, and causes whatsoever, as well criminal as civil, personal, real, mixt, and prætoreal, which laws, so, as aforesaid, to be published, our pleasure is, and so we enjoin, require, and command, Thall -be most absolute and available in law; and that all the liege people and sub
jects of us, our heirs and successors, do observe and keep the Provifio
fame inviolably, in those parts, so far as they concern them, that the under the pains therein expressed, or to be expressed; prolaid laws vided nevertheless, That the said laws be consonant to reason, shall be cona sonant to
and be not repugnant or contrary, but, as near as convenireason, and ently may be, agreeable to the laws, statutes, and rights of not repug- this our kingdom of England. nant to the
And laws of England.
And forasmuch as in the government of so great a province, Power in
certain fudden accidents do often happen, whereunto it will be necessary to apply a remedy, before the freeholders of the said make ordiprovince, or their delegates or deputies, can be assembled to nances, not the making of laws; neither will it be convenient, that in
life, ftantly upon every such emergent occasion, so great a multi- limb, freetude should be called together; therefore, for the better go-hold, or vernment of the said province, we will and ordain, and by Epods, and these presents, for us, our heirs and fucceffors, do grant unto without an the said now Lord Baltimore, and his heirs, by themselves, afiembly of or by their magiftrates and officers, in that behalf duly to be the freeordained, as aforesaid, to make and constitute fit and wholesome ordinances, from time to time, within the said 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 same to all persons whom the same doth or may any way concern; which ordinances, our pleasure is, thall be observed inviolably, within the said province, under the pains therein to be expressed; so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but so far as conveniently may be, agreeable to the laws and statutes of the kingdom of England; and so as the said ordinances be not extended in any fort, to bind, charge, or take away the right or interest of any person or persons, or of their life, members, freehold, goods or chattels.
Furthermore, that this new colony may the more happily Licence to encrease by the multitude of people resorting thither, and may fubjects in likewise be the more strongly defended from the incursions England of favages, or other enemies, pirates and robbers: therefore and Ireland we, for us, our heirs and successors, do give and grant, by these presents, power, licence, and liberty, unto all the felves and liege people and subjects, both prefent and future, for us, our families in hers and fucceffors, (excepting those who shall be specially the said
province. forbidden) to transport themselves and families unto the faid province, with convenient shipping, and fitting provisions, and there to settle themselves, dwell and inhabit, and to build and fortify castles, forts, and other places of strength for the public, and their own private defence, at the appointment of the said now Lord Baltimore, and his heirs, the statute of fugitives, or any other whatsoever, the contrary of the premises, in any wise notwithstanding.
And we will also, and of our more special grace, for us, General deour heirs and fucceffors, we do ftriály enjoin, constitute, nization of ordain, and command, That the said province shall be of our
all the set.
lers in the allegiance said pro
to go and