USA > Maryland > The history of Maryland : from its first settlement, in 1633, to the restoration, in 1660 ; with a copious introduction, and notes and illustrations > Part 38
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CHARTER OF MARYLAND.
ed within the PROVINCE aforesaid, as well for the conservation of the peace, as for the better government of the people inhabit- ing therein, and publicly to notify the same to all persons whom the same in any wise do or may affect. 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 ordi- nances be consonant to reason, and be not repugnant nor con- trary, but (so far as conveniently may be done) agreeably 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 member, life, freehold, goods or chattels.
IX. Furthermore, that the new colony may more happily in- crease 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, there- fore, 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 families 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 premises in any wise notwithstanding.
X. We will also, out of our more abundant grace, for us, our heirs and successors, do firmly charge, constitute, ordain, and command, that the said PROVINCE 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 faith- ful liege-men of us, and our heirs and successors, born within our kingdom of England; also lands, tenements, revenues, ser- vices, and other hereditaments whatsoever, within our kingdom of England, and other our dominions, to inherit, or otherwise
15
CHARTER OF MARYLAND.
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 liberties 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 impediment, molestation, vexa- tion, impeachment, or grievance of us, or any of our heirs or successors; any statute, act, ordinance, or provision to the con- trary thereof, notwithstanding.
XI. Furthermore, that our subjects may be incited to under- take this expedition with a ready and cheerful 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 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 clothing, by the laws and statutes of our kingdoms and dominions, not prohibited to be transported out of the said kingdoms; and the same to trans- port, 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 suc- cessors, (SAVING unto us, our heirs and successors, the imposi- tions, subsidies, customs, and other dues payable for the same goods and merchandizes,) any statute, act, ordinance, or other thing whatsoever 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 barba- rians themselves, as of other enemies, pirates and ravagers, pro- bably will be feared, therefore WE have given, and for us, our heirs, and successors, do give by these presents, as full and un- restrained 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,
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CHARTER OF MARYLAND.
in the said province of MARYLAND, to wage war, and to pursue, even beyond the limits of their province, the enemies and rava- gers 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 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 aforesaid 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 afore- said, or upon the high sea in making a voyage to the said pro- vince 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 se- ditious authors of innovations in those parts, withdrawing them- selves 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 en- gage 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, and 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 and 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 boroughs, and boroughs into cities, with suitable privileges and immunities, according to the merits of the inhabitants, and con- venience of the places ; and to do all and singular other things
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CHARTER OF MARYLAND.
in the premises, 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 successors, give and grant license by this our CHARTER, unto the aforesaid now baron of BALTIMORE, his heirs and assigns, and to all persons whatsoever, who are, or shall be, residents and inhabitants of the province aforesaid, freely to import and unlade, by themselves, their servants, factors or 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 dis- pose 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 pro- per, 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 suc- cessors, such customs and impositions, subsidies and taxes, as our other subjects of the kingdom of ENGLAND, for the time be- ing, shall be bound to pay, beyond which we will that the inha- bitants of the aforesaid province of the said land, called MARY- LAND, 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 successors, grant unto the aforesaid now baron of BAL- TIMORE, his heirs and assigns, full and absolute power and au- thority 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 discarge 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 con-
VOL. II .- 3
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CHARTER OF MARYLAND.
stituted by the said now baron of BALTIMORE, his heirs and as- signs, any usage, custom, or any other thing whatsoever to the contrary notwithstanding. Saving always to us, our heir and suc- cessors, 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 seas, 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 hedg- ing-wood and twigs there growing, and to build huts and cab- ins, necessary in this behalf, in the same manner as heretofore they reasonably might, or have used to do. Which liberties and privileges, the said subjects 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 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 in- jury of this kind, he shall incur the peril and pain of the heavy displeasure of us, our heirs and successors, and of the due chas- tisement 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, from time to time, for ever, shall have, and enjoy the taxes and sub- sidies payable, or arriving 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 afore- said, on emergent occasion; to whom we grant power 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 con- firmed, 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 BAL- TIMORE, 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
19
CHARTER OF MARYLAND.
parts and parcels of the premises, to any person or persons wil- ling to purchase the same, as they shall think convenient, to have and to hold to the same person or persons willing to take or pur- chase the same, and his and their heirs and assigns, in fee sim- ple, 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 premises, or any parcel thereof, of the aforesaid now 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, in fee simple or fee tail, or otherwise, as to them and the now baron of BALTI- MORE, his heirs and assigns, shall seem expedient; the statute made in the parliament of lord EDWARD, son of king HENRY, late king of England, our progenitor, commonly called the "STATUTE QUIA EMPTORES TERRARUM," heretofore publish- ed in our kingdom of England, or any other statute, act, ordi- nance, usage, law, or custom, or any other thing, cause or mat- ter, to the contrary thereof, heretofore had, done, published, or- dained or provided to the contrary thereof notwithstanding.
XIX. We, also, by these presents, do give and grant license to the same baron of BALTIMORE, and to his heirs, to erect any parcels of land within the province aforesaid, into manors, and in every of those manors, to have and to hold a court-baron, and all things which to a court-baron do belong; and to have and to keep view of frank-pledge, for the conservation of the peace and better government of those parts, by themselves and their stew- ards, or by the lords, for the time being to be deputed, of other of those manors when they shall be constituted, and in the same to exercise all things to the view of frank-pledge belonging.
XX. And further We will, and do, by these presents, for us, our heirs and successors, covenant and grant to, and with the afore- said now baron of BALTIMORE, his heirs and assings, that we, our heirs and successors, at no time hereafter, will impose, or make or cause to be imposed, any impositions, customs, or other
-
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CHARTER OF MARYLAND.
taxations, quotas or contributions whatsoever, in or upon the residents or inhabitants of the province aforesaid, for their goods, lands, or tenements within the same province, or upon any tene- ments, lands, goods or chattels within the province aforesaid, or in or upon any goods or merchandizes within the province aforesaid, or within the ports or harbours of the said province, to be laden or unladen: And we will and do, for us, our heirs and successors, enjoin and command that this our declaration shall, from time to time, be received and allowed in all our courts and pretorian judicatories, and before all the judges whatsoever of us, our heirs and successors, for a sufficient and lawful discharge, pay- ment, and acquittance thereof, charging all and singular the officers and ministers of us; our heirs and successors, and en- joining them, under our heavy displeasure, that they do not at any time presume to attempt any thing to the contrary of the premises, or that may in any wise contravene the same, but that they, at all times, as is fitting, do aid and assist the aforesaid now baron of BALTIMORE, and his heirs, and the aforesaid in - habitants and merchants of the province of MARYLAND afore- said, and theír servants and ministers, factors and assigns, in the fullest use and enjoyment of this our CHARTER.
XXI. And furthermore We will, and by these presents, for us, our heirs and successors, do grant unto the aforesaid now baron of BALTIMORE, his heirs and assigns, and to the freeholders and inhabitants of the said province, both present and to come, and to every of them, that the said province, and the freeholders or inhabitants of the said colony or country, shall not henceforth be held or reputed a member or part of the land of Virginia, or of any other colony already transported, or hereafter to be trans- ported, or be dependent on the same, or subordinate in any kind of government, from which we do separate both the said province, and inhabitants thereof, and by these presents do will to be distinct, and that they may be immediately subject to our crown of England, and dependent on the same for ever.
XXII. And if, peradventure, hereafter it may happen, that any doubts or questions should arise concerning the true sense and meaning of any word, clause, or sentence, contained in this our present CHARTER, we will, charge and command, THAT in- terpretation to be applied, always, and in all things, and in all our courts and? judicatories whatsoever, to obtain which shall be judged to be the more beneficial, profitable, and favours
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CHARTER OF MARYLAND.
able to the aforesaid now baron of BALTIMORE, his heirs and as- sings: provided always, that no interpretation thereof be made, whereby GOD's holy and true christian religion, or the allegiance due to us, our heirs and successors, may in any wise suffer by change, prejudice, or diminution; although express motion* be not made in these presents of the true yearly value or certainty of the pre- mises, or of any part thereof, or of other gifts and grants made by us, our heirs and predecessors, unto the said now lord BAL- TIMORE, or any statute, act, ordinance, provision, proclamation or restraint, heretofore had, made, published, ordained or provided, or any other thing, cause, or matter whatsoever, to the contrary thereof in any wise notwithstanding.
XXIII. In witness whereof We have caused these our letters to be made patent. Witness ourself at Westminster, the twen- tieth day of June, in the eighth year of our reign.
* Mr. Bacon, in his edition of the charter, and the translation as above, has here subjoined the following note .- "The remainder from this mark * is copied from the old translation, published (together with some assembly proceedings) by order of the lower house, in the year 1725." To the same sentence, (to wit, Ea quod expressa Mentio, &c.) of the original latin, in the opposite page, he has subjoined another note, as follows :- "So endeth the attested copy, taken in the year 1758, from the original record remaining in the Chapel of the Rolls, and signed by Henry Rooke clerk of the rolls, which was lent me by his excellency Horatio Sharpe, esqr., from whence the above" (the charter in the original Latin, which is here omitted,) "is transcribed .- The said copy is entitled at the head, Tertia Pars Patentium de Anno Regni CAROLI Octavo ; and at the end is written as in sect. xxiii."
N. B. A copy of the charter of Maryland, in the original Latin, (taken from Bacon's Collection of lhe Laws of Maryland,) is inserted in Hazard's Collec- tions, vol. 1, p. 327.
1
HISTORY OF MARYLAND.
CHAPTER I.
Cecilius, lord Baltimore, prepares for sending out a colony-The Virginians pe- tition against his charter-Decision thereupon against them-Lord Baltimore appoints his brother to conduct the colony-Their arrival in the Chesapeake- 'Their reception by the Virginians-They explore the Patowmack-The gover- nor fixes upon St. Mary's for the first settlement-Circumstances favorable to them-Proceedings of the colonists after landing-Great harmony between the natives and colonists- Interrupted by Clayborne and his party-The first assembly called and held-Clayborne resorts to open military force-The lord proprietor's instructions relative to grants of lands-Grants of small lots in the town of St. Mary's-The nature of the first form of government of the colo- ny-An ordinance for that purpose-Proclamation in England against emigra- tion-The isle of Kent reduced to lord Baltimore's government-The county of St. Mary's organized-An assembly of the province called-The second assembly of the province meet-The assembly take into consideration the laws sent in by the proprietor-The laws sent rejected-Courts of justice meet- Proceedings therein against Clayborne's party-The inhabitants of the isle of Kent refuse to submit-Governor Calvert proceeds with a military force against them-Secretary Lewger authorised to hold the assembly-Act of attainder against William Clayborne-Trial of Thomas Smith, one of Clayborne's men-Inquiry by the assembly into the conduct of captain Cornwallis-Reso- lution of the assembly relative to servants-The assembly dissolved-The lord proprietor refuses his assent to the laws enacted by the assembly-William Clayborne's petition to the king in council, and order thereupon-The nature of the provincial traffic with the Indians-Their coasting trade-Their trade to Europe-The state of religion among the colonists-The nature of the ad- ministration of justice with them.
Cecilius Calvert, baron of Baltimore, having, on the twen- CHAP. I. tieth of June, 1632, obtained his charter for the province of Ma- 1632 .. ryland, as before mentioned, had now to make preparations for Cecilius, lord Balti- carrying into effect his father's intended plan of colonization. more, pre- The procuring a sufficient number of colonists, and the furnish- pares for ing them with all conveniences and necessaries essential to a re- out a colo- sending sidence in a remote country, which was as yet a wilderness, un- ny. avoidably protracted the time of their departure from England to some considerable length.
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HISTORY OF MARYLAND.
CHAP. I.
1633. The Vir- ginians petition against his charter.
1632. In the mean time, however, much discontent was industrious- ly excited among the planters in Virginia, by inducing them to suppose, that the very soil upon which they trod, and which they had earned by their fatigues and dangers, was about to be taken from under their feet, and by this charter transferred to others. A petition therefore was framed in the name of the planters, and in May, 1633, presented to his majesty, in which they remon- strate, "That some grants have been lately obtained, of a great portion of lands and territories of the colony there, being the places of their traffic, and so near to their habitations, as will give a general disheartening to the planters, if they be divided into several governments, and a bar put to that trade which they have long since exercised towards their supportation and relief, under the confidence of his majesty's royal and gracious intentions to- wards them." The king referred the consideration of this pe- tition to his privy-council, and agreeably to this reference, the council, on the fourth of June, in the same year, made an order, in which they appointed the twenty-eighth of that month, when the business should be heard, and that all parties interested should then attend. This was done accordingly, and their lord- ships having heard the cause, ordered that the lord Baltimore and the planters of Virginia should meet together* between that time and the third of July, 1633, and endeavour to accommodate their controversy in a friendly manner. Also, that the proposi- tions made by either party should be set down in writing, with their several answers and reasons, to be presented to the board on that day. This was likewise accordingly done, and on the third of July, same year, it was finally ordered, "That the lord Baltimore should be left to his patent, and the other parties to the course of law, according to their desire. But, for the pre- venting of further questions and differences, their lordships did also think fit and order, that, things standing as they do, the planters on either side, shall have free traffic and commerce each with the other, and that neither party shall receive any fu- gitive persons belonging to the other, nor do any act which may draw on a war from the natives upon either of them : And, last- ly, that they shall sincerely entertain all good correspondence, and assist each other on all occasions, in such manner as be- cometh fellow-subjects and members of the same state."}
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