USA > Maryland > Leading Events of Maryland History: With Topical Analyses, References, and questions for original thought and research, revised and enlarge > Part 25
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
II. WHEREAS our well beloved and right trusty Subject CAECILIUS CAL- VERT, 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 Expence, a numerous Colony of the English Nation, to a certain Region, herein after described, in a Country hith- erto 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 CÆCILIUS, now Baron of BALTIMORE, his Heirs, and Assigns, all that Part of the Peninsula, or Chersonese, lying in the Parts of America, between the Ocean on the East, and the bay of Chesopeake 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 of 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 Aquinoctial, 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,
1 The text as here given is a translation from the Latin original, as made by Thomas Bacon in his Laws of Maryland, printed in Annapolis, 1765.
Digitized by Google
347
CHARTER OF THE PROVINCE OF MARYLAND
in a right Line, by the degree aforesaid, unto the true Meridian of the first Fountain of the River of Pattowmack, thence verging toward the South, unto the further 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 Chesopeake, 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, be- tween 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, toward 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 as of Whales, Sturgeons, and other royal Fish, as of other Fish, in the Sea, Bays, Straits, or Rivers, within the Premisses, and the Fish there taken ; And more- over 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 fur- thermore the PATRONAGES, and ADVOWSONS of all churches which (with the increasing Worship and Religion of CHRIST) within the said Region, Islands, Islets, and Limits aforesaid, hereafter shall happen to be built, together with License and Faculty of erecting and founding Churches, Chapels, and Places of Worship, in convenient and suitable Places, within the Premisses, 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, exer- cised, 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.
Digitized by Google
1
348
LEADING EVENTS OF MARYLAND HISTORY
1
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 Premisses (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 Premisses, unto the aforesaid now Baron of BALTIMORE, and to his Heirs and Assigns, to the sole and proper Be- hoof and Use of him, the now Baron of BALTIMORE, his Heirs and Assigns, forever. To 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 Soc- CAGE, by Fealty only for all Services, and not in Capite, nor by Knight's Serv- ice, YIELDING therefore unto US, our Heirs and Successors TWO INDIAN ARROWS of those Parts, to be delivered 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 dec- orated with more ample Titles, KNOW YE, that WE, of our more especial 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 Pres- ents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said PROV- INCE, 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 to- gether 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
Digitized by Google
-
349
CHARTER OF THE PROVINCE OF MARYLAND
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 exe- cute 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, Im- prisonment, and other Punishment whatsoever ; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life, by him the aforesaid now Baron of BALTIMORE, and his Heirs, or by his or their Deputy, Lieutenant, Judges, Justices, Magistrates, Officers, and Ministers, to be constituted and appointed according to the Tenor and true Intent of these Presents, and to constitute and ordain 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, Re- lease, Pardon, 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, Prætorian 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, Prætorian Judicatories, and Tribunals, in all Actions, Suits, Causes, and Mat- ters whatsoever, as well Criminal as Personal, Real and Mixed, and Prætorian : 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 afore- said 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 Occa- sion, 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
Digitized by Google
350
LEADING EVENTS OF MARYLAND HISTORY
and Successors, do grant unto the said now Baron of BALTIMORE, and to his Heirs, that the aforesaid now Baron of BALTIMORE, and his Heirs, by themselves, or by their Magistrates and Officers, thereunto duly to be consti- tuted as aforesaid, may, and can make and constitute fit and wholesome Ordi- nances from Time to Time, to be kept and observed within the PROVINCE aforesaid, as well for the Conservation of the Peace, as for the Better Govern- ment of the People inhabiting therein, and publickly to notify the same to all Persons whom the same in any wise do or may effect. Which Ordinances WE will to be inviolably observed within the said PROVINCE, under the Pains to be expressed in the same. So that the said Ordinances be Consonant to Reason, and be not repugnant nor contrary, but (so far as conveniently may be done) agreeable to the Laws, Statutes, or Rights of our Kingdom of England: And so that the same Ordinances do not, in any Sort, extend to oblige, bind, charge, or take away the Right or Interest of any Person or Persons, of, or in Mem- ber, Life, Freehold, Goods or Chattels.
IX. FURTHERMORE, that the New Colony may more happily increase by a Multitude of People resorting thither, and at the same Time may be more firmly secured from the Incursions of Savages, or of other Enemies, Pirates, and Ravagers : WE therefore, for US, our Heirs and Successors, do by these Presents give and grant Power, License and Liberty, to all the Liege-Men and Subjects, present and future, of US, our Heirs and Successors, except such to whom it shall be expressly forbidden, to transport themselves and their Fam- ilies to the said PROVINCE, with fitting Vessels, and suitable Provisions, and therein to settle, dwell, and inhabit; and to build and fortify Castles, Forts, and other Places of Strength, at the Appointment of the aforesaid, now Baron of BALTIMORE, and his Heirs, for the Public and their own Defence; the Statute of Fugitives, or any other whatsoever to the contrary of the Premisses in any wise notwithstanding.
X. WE will also, and of our more abundant Grace, for US, our Heirs and Suc- cessors, do firmly charge, constitute, ordain, and command, that the said PROV- INCE be of our Allegiance ; and that all and singular the Subjects and Liege-Men of US, our Heirs and Successors, transplanted, or hereafter to be transplanted into the PROVINCE aforesaid, and the children of them, and of others their Descendants, whether already born there, or hereafter to be born, be and shall be natives and Liege-Men of US, our Heirs and Successors, of our Kingdom of England and Ireland ; and in all Things shall be held, treated, reputed, and esteemed as the faithful Liege-Men of US, and our Heirs and Successors, born within our Kingdom of England; also Lands, Tenements, Revenues, Services, and other Hereditaments whatsoever, within our Kingdom of England,
Digitized by Google
35I
CHARTER OF THE PROVINCE OF MARYLAND
and other our Dominions, to inherit, or otherwise purchase, receive, take, have, hold, buy, and possess, and the same to use and enjoy, and the same to give, sell, alien and bequeath; and likewise all Privileges, Franchises and Liber- ties of this our Kingdom of England, freely, quietly, and peaceably to have and possess, and the same may use and enjoy in the same Manner as our Liege- Men born, or to be born within our said Kingdom of England, without Impedi- ment, Molestation, Vexation, Impeachment, or Grievance of US, or any of our Heirs or Successors ; any Statute, Act, Ordinance, or Provision to the contrary thereof, notwithstanding.
XI. FURTHERMORE, That our Subjects may be incited to undertake this Expedition with a ready and chearful Mind: KNOW YE, that WE, of our especial Grace, certain Knowledge, and mere Motion, do, by the Tenor of these Presents, give and grant, as well as to the aforesaid Baron of BALTIMORE, and to his Heirs, as to all other Persons who shall from Time to Time repair to the said Province, either for the sake of Inhabiting, or of Trading with the Inhabitants of the Province aforesaid, full License to Ship and Lade in any the Ports of US, our Heirs and Successors, all and singular their Goods, as well moveable, as immoveable, Wares and Merchandizes, likewise Grain of . what Sort soever, and other Things whatsoever necessary for Food and Cloath- ing, by the Laws and Statutes of our Kingdoms and Dominions, not prohibited to be transported out of the said Kingdoms; and the same to transport, by themselves, or their Servants or Assigns, into the said PROVINCE, without the Impediment or Molestation of US, our Heirs or Successors, or of any Officers of US, our Heirs or Successors, (Saving unto US, our Heirs and Successors, the Impositions, Subsidies, Customs, and other Dues payable for the same Goods and Merchandizes) any Statute, Act, Ordinance, or other Thing what- soever to the contrary notwithstanding.
XII. BUT BECAUSE, that in so remote a Region, placed among so many barbarous Nations, the Incursions as well of the Barbarians themselves, as of other Enemies, Pirates and Ravagers, probably will be feared, THEREFORE WE have Given, and for US, our Heirs, and Successors, do Give by these Presents, as full and unrestrained Power, as any Captain-General of an Army ever hath had, unto the aforesaid now Baron of BALTIMORE, and to his Heirs and Assigns, by themselves, or by their Captains, or other Officers, to summon to their Standards, or to array all Men, of whatsoever Condition, or wheresoever born, for the Time being, in the said Province of MARYLAND, to wage War, and to pursue, even beyond the Limits of their Province, the Enemies and Ravagers aforesaid, infesting those Parts by Land and by Sea, and (if GOD shall grant it) to vanquish and captivate them, and the Captives to put to
Digitized by Google
352
LEADING EVENTS OF MARYLAND HISTORY
Death, or, according to their Discretion, to save, and to do all other and singular the Things which appertain, or have been accustomed to appertain unto the Authority and Office of a Captain-General of an Army.
XIII. We also WILL, and by this our CHARTER, do Give unto the afore- said now Baron of BALTIMORE, and to his Heirs and Assigns, Power, Liberty, and Authority, that, in Case of Rebellion, sudden Tumult, or Sedition, if any (which GOD forbid) should happen to arise, whether upon Land within the PROVINCE aforesaid, or upon the High Sea in making a Voyage to the said PROVINCE of MARYLAND, or in returning thence, they may, by them- selves, or by their Captains, or other Officers, thereunto deputed under their Seals (to whom WE, for US, our Heirs and Successors, by these Presents, do Give and Grant the fullest Power and Authority) exercise Martial Law as freely, and in as ample Manner and Form, as any Captain-General of an Army, by virtue of his Office may, or hath accustomed to use the same, against the seditious Authors of Innovations in those Parts, withdrawing themselves from the Government of him or them, refusing to serve in War, flying over to the Enemy, exceeding their Leave of Absence, Deserters, or otherwise howsoever . offending against the Rule, Law, or Discipline of War.
XIV. MOREOVER, lest in so remote and far distant a Region, every Access to Honours and Dignities may seem to be precluded, and utterly barred, to Men well born, who are preparing to engage in the present Expedition, and desirous of deserving well, both in Peace and War, of US, and our Kingdoms ; for this Cause, WE, for US, our Heirs and Successors, do give free and plenary Power to the aforesaid now Baron of BALTIMORE, and to his Heirs and Assigns, to confer Favours, Rewards, Honours, upon such Subjects, inhabiting within the PROVINCE aforesaid, as shall be well deserving, and to adorn them with whatsoever Titles and Dignities they shall appoint ; (so that they be not such as are now used in England) also to erect and incorporate Towns into BUROUGHS, and buroughs into CITIES, with suitable Privileges and Immunities, according to the Merits of the Inhabitants, and Convenience of the places ; and to do all and singular other Things in the Premisses, which to him or them shall seem fitting and convenient ; even although they shall be such as, in their own Nature, require a more special Commandment and Warrant than in these Presents may be expressed.
XV. WE WILL also, and by these Presents do, for US, our Heirs and Suc- cessors, give and grant License by this our CHARTER, unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, and to all Persons what- soever, who are, or shall be Residents and Inhabitants of the PROVINCE afore- said, freely to import and unlade, by themselves, their Servants, Factors or
Digitized by Google
353
CHARTER OF THE PROVINCE OF MARYLAND
Assigns, all Wares and Merchandizes whatsoever, which shall be collected out of the Fruits and Commodities of the said PROVINCE, whether the Product of the Land or the Sea, into any of the Ports whatsoever of US, our Heirs and Successors, of England or Ireland, or otherwise to dispose of the same there ; and, if Need be, within One Year, to be computed immediately from the Time of unlading thereof, to lade the same Merchandizes again, in the same, or other Ships, and to export the same to any other Countries they shall think proper, whether belonging to US, or any foreign Power which shall be in Amity with US, our Heirs or Successors : PROVIDED always, that they be bound to pay for the same to US, our Heirs and Successors, such Customs and Impositions, Subsidies and Taxes, as our other Subjects of our Kingdom of England, for the Time being, shall be bound to pay, beyond which WE WILL that the Inhabitants of the aforesaid PROVINCE of the said Land, called MARYLAND, · shall not be burdened.
XVI. AND FURTHERMORE, of our more ample special Grace, and of our certain Knowledge, and mere Motion, WE do, for US, our Heirs and Succes- sors, grant unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, full and absolute Power and Authority to make, erect, and constitute, within the PROVINCE of MARYLAND, and the Islands and Islets aforesaid, such, and so many Sea-Ports, Harbours, Creeks, and other Places of Unlading and Discharge of Goods and Merchandizes out of Ships, Boats, and other · Vessels, and of Lading in the same, and in so many, and such places, and with such Rights, Jurisdictions, Liberties, and Privileges, unto such Ports respecting, as to him or them shall seem most expedient : And, that all and every the Ships, Boats, and other Vessels whatsoever, coming to, or going from the PROVINCE aforesaid, for the Sake of Merchandizing, shall be laden and unladen at such Ports only as shall be so erected and constituted by the said now Baron of BALTIMORE, his Heirs and Assigns, any Usage, Custom, or any other Thing whatsoever to the contrary notwithstanding. SAVING always to US, our Heirs and Successors, and to all the Subjects of our Kingdoms of England and Ireland, of US, our Heirs and Successors, the Liberty of Fishing for Sea-Fish, as well in the Sea, Bays, Straits, and navigable Rivers, as in the Harbours, Bays, and Creeks of the PROVINCE aforesaid; and the Privilege of Salting and Drying Fish on the Shores of the same PROVINCE ; and, for that Cause, to cut down and take Hedging-Wood and Twigs there growing, and to build Huts and Cabbins, necessary in this Behalf, in the same Manner as heretofore they reasonably might, or have used to do. Which Liberties and Privileges, the said Subject of US, our Heirs and Successors, shall enjoy, without notable Damage or Injury in any wise to be done to the aforesaid now Baron of
Digitized by Google
354
LEADING EVENTS OF MARYLAND HISTORY
BALTIMORE, his Heirs or Assigns, or to the Residents and Inhabitants of the same PROVINCE in the Ports, Creeks, and Shores aforesaid, and especially in the Woods and Trees there growing. And if any Person shall do damage or Injury of this kind, he shall incur the Peril and Pain of the heavy Displeasure of US, our Heirs and Successors, and of the due Chastisement of the Laws, besides making Satisfaction.
XVII. MOREOVER, WE will, appoint, and ordain, and by these Presents, for US, our Heirs and Successors, do grant unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, that the same Baron of BALTIMORE, his Heirs and Assigns, from Time to Time, for ever, shall have and enjoy the Taxes and Subsidies payable, or arising within the Ports, Harbours, and other Creeks and Places aforesaid, within the PROVINCE aforesaid, for Wares bought and sold, and Things there to be laden, or unladen, to be reasonably assessed by them, and the People there as aforesaid, on emergent Occasion; to whom WE grant Power, and by these Presents, for US, our Heirs and Successors, to assess and impose the said Taxes and Subsidies there, upon just Cause, and in due Proportion.
XVIII. AND FURTHERMORE, of our special Grace, and certain Knowledge, and mere Motion, WE have given, granted, and confirmed, and by these Presents, for US, our Heirs and Successors, do give, grant, and confirm, unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, full and absolute License, Power, and Authority, that he, the aforesaid now Baron of BALTIMORE, his Heirs, and Assigns, from Time to Time hereafter, for ever, may and can, at his or their Will and Pleasure, assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premisses, to any Person or Persons willing to purchase the same, as they shall think con- venient, to have and to hold to the same Person or Persons willing to take or purchase the same, and his and their Heirs and Assigns, in Fee-simple, or Fee- tail, or for Term of Life, Lives, or Years ; to hold of the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, by so many, such, and so great Services, Customs and Rents OF THIS KIND, as to the same now Baron of BALTIMORE, his Heirs and Assigns, shall seem fit and agreeable, and not immediately of US, our Heirs or Successors. And WE do give, and by these Presents, for US, our Heirs and Successors, do grant to the same Person and Persons, and to each and every of them, License, Authority and Power, that such Person and Persons, may take the premisses, or any Parcel thereof, of the aforesaid no .: Baron of BALTIMORE, his Heirs and Assigns, and hold the same to them and their Assigns, or their Heirs, of the aforesaid Baron of BALTIMORE, his Heirs and Assigns, of what Estate of Inheritance soever,
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.