CHARTER OF AVALON.
[April 7, 1623. Source: sloan MS., No. 170, British Library]
I. JAMES, by the grace of God, King of England, Scotland,
France and Ireland, Defender of the Faith, &c. To all to whome these
presents shall come, greeting.
II. WHEREAS our right trusty and well beloved Counsellor
Sr. George Calvert Knight, our Principall Secretary of State, being excited
with a Laudable and pious Zeale to enlarge the extents of the Christian
world, and therewithall of our Empire and dominion, hath heretofore to
his greate cost purchased a certain Region or Territory hereafter described,
in a Country of ours scituate in the West part of the World, commonly called
Newfound Land, not yet husbanded or planted, though in some parts thereof
inhabited by certaine barbarous People wanting the Knowledge of Almighty
God ; And intending now to transport thither a very greate and ample Colony
of the English Nation, hath humbly besought our Kingly Maiesty to give,
grant, and conflrme all the said Region with certaine Privileges and Jurisdictions
requisite for the good Government and State of the said Colony and Territory
to him, his heires, and Assignes for ever.
III. Know yee therefore, that wee favoring the Godly and
Laudable purpose of our said Counsellor, of our speciall grace, certaine
knowledge, and meere motion, have given, granted, and confirmed, and by
this our present Charter for us, our heires and successors, doe give, grant,
and confirme unto the said Sr George Calvert Knight, his heires and assignes,
for ever, All that entire portion of Land situated within our Country of
New-found Land aforesaid, beginning Southerly from the middle part of a
certaine neck of Land or Promontory scituate betweene the two harbours
of Hermose and Aquafort, and from thence following the shore towards the
North, unto the middle part or halfe way over a little harbour (called
in that regard Petit Port) which boundeth upon the South part of the Plantation
of St. Johns, including the one halfe of a certaine fresh river that falleth
into the said Port of Petit Harbour, and so trending all along the south
border of the said Colonye of St. Johns, extendeth itselfe to a certain
little bay comonly called Salmon Cove lying on the South side of the Bay
of Conception including the one halfe of the River that falleth into the
said Cove, as also the one halfe of the said Cove it selfe. From whence
passing along the shore of the said Bay towards the South, and reaching
unto the bottom thereof where it meets with the Lands of J,ohn Guy Citizen
of Bristol!, named Sea_-forest, is bounded with a certaine River or Brooke
wich there falls into the Sea, and from the mouth of the said Brooke ascendeth
unto the furthest spring or head thereof; From thence passeth towards the
South, for five Miles together alongst the borders of the said John Guies
Plantation, and there crossing over Westward in a right line reacheth unto
the Bay of Placentia; and the space of one League within the said Bay from
the Shore thereof hence turning againe towards the South passeth along
the harbour Placentia with the like distance from the shore, and descending
unto New Falkland towards the North and West part thereof stretcheth itself
in a righte Line Eastward, continuing the whole Southerly length upon the
bounders of the sayd New-Falkland, unto the middle part or point of the
Promontory or neck of Land aforementioned between the said Ports of Fermose
and Aquafort, at which place is described and finished the perambulation
of the whole precinct.
IV.- Wee doe further give, and by this present Charter
for us our heirs and successors, wee doe grante and confirme unto the said
Sr George Calvert his heires and Assignes all and singular the Islands
and Iletts that are or shall be within Tenne Leagues from the Easterrne
Shoare of the said Region towards the East with all and singular Ports,
harbours and Creekes of the Sea belonging unto the said Region or the Islands
aforesaid, And all the Soilc, Landes, Woods, Lakes, and Rivers scituate
or being within the Region Isles or Limitts aforesaid, with the Fishings
of all sortes of Fishe, Whales, Sturgions, and other Royall Fishes in the
Sea or Rivers; and moreover all Veines, Mines and delues as well discovered
as not discovered, of Gold, Silver, Gemmes and precious Stones, and all
other whatsoever be it of Stones, Metalls, or of any other thing or matter
whatsoever found and to be found within the Region lies and Limitts aforesaid.
And furthermore the Patronages and Advowsons of all Churches which as Christian
Religion shall increase within the said Region Isles and Limitts shall
happen hereafter to be erected, Together with all and singular the like
and as ample Right jurisdictions privileges prerogatives Royaltyes, Liberties,
Imunityes and Franchises whatsoever as well by Sea as by Land within the
Region, lies and Limitts aforesaid, To have exercise use and enjoy the
same, as any Bishop of Durham within the Bishopprick or County Palatine
of Durham in our Kingdome of England hath at any time heretofore had, held,
used, or enjoyed, or of right ought or might have had, held, used, or enjoyed.
V. And him the sayd Sr George Calvert his heires and Assignes
wee doo by these presents for us our heires and successors make Create
and constitute the true and absolute Lords and Proprietaryes of the Region
aforesaid, and of all other the Premisses, saving allwayes unto us our
heirs and successors the faith and Allegiance due unto us, To have holde
possesse and enjoy the said Region Isles and other the premisses unto the
said Sr George Calvert his heires and assignes to the sole and proper use
and behoofe of him the said Sr George Calvert his heirs and assignes for
ever, To be holden of us our heirs and successors Kings of England in Capite
by Knights service, And yielding therefor to us our heirs and successors,
a white horse whensoever and as often as it shall happen that wee, our
heirs or successors, shall come into the said Territory or Region; And
moreover the-flft part of all Gold and Silver Oare which within the Limitts
aforesaid shall from time to time happen to be found.
VI. Now that the sayd Region thus by us granted and described
may be eminent above all other parts of the sayd Country of Newfound-Land,
and graced with larger Titles, knowe yee that we of our further grace certayne
knowledge and meere motion have thought fltt to erect the same Territory
and Hands into a Province, as out of the fulness of our Royall power and
prerogative wee doe for us our heirs and successors erect and incorporate
them into a Province and doe call it Avalon or the Province of Avalon,
and soe hereafter will have it called.
VII. And forasmuch as wee have hereby made and ordeyned
the sayd Sr George Calvert the true Lord and Proprietary of all the Province
aforesayd, knowe yee therefore moreover, that wee for us, our heirs and
successors, reposing especiall trust and confidence in the fidelity, wisedome,
justice and provident circumspection of the sayd Sr George Calvert, doe
grant free, full and absolute power by vertue of these presents to him
and his heires for the good and happy government of the sayd Province,
to ordaine, make, enact, and under his or their seales to publish any Lawes
whatsoever apperteyning either unto the publick slate of the sayd Province,
or unto the private utility of particular persons, according unto their
best discretions, of and with the advice assent and approbation of the
Freeholders of the sayd Province, or the greater parte of them, whome for
the enacting of the sayd Lawes when and as often as need shall require,
wee will that the sayd Sr George Calvert and his heires shall assemble
in such sort or forme as to him shall seeme best; And the same Lawes upon
all men and people within the sayd Province and Limitts thereof for the
time being or that shall be constituted under the government and power
of him the sayd Sr George Calvert or his heires either sayling towards
Avalon from our Kingdom of England or any other our dominions or Contryes,
or returning from thence to our Kingdome of England or any other our dominions
or Contryes, by the sayd Sr George Calvert and his heires, or by his or
their deputies Lieutenants, Judges, Justicers, Magistrals, Officers and
Ministers to be ordayned and appointed according to the tenor and true
intentions of these presents, by imposition of penaltyes, imprisonment
and any other coertion, yea if it be needfull and that the quality of the
Offence require it, by taking away member or life, duly to execute; As
likewise to appoint and establish Judges and Justicers,.Magistrals and
Officers, whatsoever by Sea and by Land for what causes soever, and with
what power and authority soever, and in such forme as to the sayd Sr George
Calvert and his heires shall seeme most convenient; Also to remitt, release,
pardon, and abolishe whether before judgement or after, all crimes and
offences whatsoever against the said Lawes, and to doe all and every other
things which unto the establishment of Justice, Courts and Tribunalls,
formes of Judicature and manners of proceeding doa belong, although in
these presents expresse mention be not made thereof. Which Lawes, so as
aforesayed to be published, our pleasure is and so wee enjoyne require
and command shall be most absolute and available in Law, and that all the
liege people and subjects of us, our heires and successors, do observe
and keepe the same inviolably so farre as they concerne them under the
penaltyes therein contained or to be contained. Provided nevertheless that
the sayd Lawes doe stand with reason, and be not repugnant nor contrary,
but as near as conveniently may be, agreeable to the Lawes, statutes and
Customes of this our King-dome of England.
VIII. And forasmuch as in the government of soe greate
a Province suddeine accidents doe often happen whereunto it will be necessary
to apply a Remedy before the Freeholders of the sayd Province can be assembled
to the making of Lawes, neither will it be convenient that instantly upon
every such emergent occasion so greate a multitude should be called together,
Therefore, for the better government of the sayd Province wee will and
ordaine, and by these presents for us, our heires and successors, do grant
unto the sayd Sr George Calvert and his heirs, that he, the sayd Sr George
Caivert and his heirs, by himself and his Magistrats and Officers in that
behalfe duly to be ordayned as aforesayed, may make and constitute fitt
and wholsome ordinances from time to time within the sayd 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 publickly to
notify the same to all persons whom the same doth or may any way concern.
Which ordinances our pleasure is shall be observed inviolably within the
said Province, under the paines therein to be expressed. So as the sayd
ordinances be consonant to reason, and not repugnant, nor contrary, but
so farre as conveniently may be agreeable with the Lawes and Statutes of
our Kingdome of Englande, and so far as the sayd ordinances be not extended
in any sort to binde, charge, or to take away the right or interest of
any person or persons, of or in their freeholde, goods or chattells.
IX. Furthermore, that this new Colony may the more happily
increase by the multitude of people resorting thither, and likewise may
be the more strongly defended from the incursions of Salvages or other
enemies, Piratts and Robbers, Therefore, we, for us, our heirs and successors,
doe give and grant by thesefpresents power, License and Liberty unto all
the liege people and subjects, both present and: future, of us our heirs
and successors (excepting those who shall be specially forbidden) to transport
themselves and Familyes unto the sayd Province of Avalon with convenient
shipping and necessary Provisions, and there to settle themselves dwell
and inhabite, and to buyld and fortify Castles, Forts and other places
of strength for the publick and their own private defence, at the appointment
of the sayd Sr George Calvert, Knight, his heires and assignes. The Statute
of Fugitives or any other Statutes whatever to the contrary of the premises
in any thing notwithstanding.
X. And we will also, and of our more especiall grace for
us our heires and successors we do straightly enjoyne, constitute, ordaine
and command, that the sayd Province shall be of our Allegiance and that
all and singular the subjects and Liege people of us, our heires and Successors
transported or to be transported into the sayd Province, and their Children
there already borne, or hereafter to be borne, be and shall be denizens
and Lieges of us, our heires and Successors and be in all things held,
treated, reputed and esteemed as the Liege faithfull people of us, our
heires and Successors borne within our Kingdome of England; and likewise
any Landes, Tenements, Revenues, Services and other hereditaments whatsoever
Within our Kingdome of England, and other our dominions may purchase, receive,
take, havs, hold, buy and possesse, and them to occupie and enjoy, give,
sell, alien and bequeath, as likewise all Liberties, Franchises and Privileges
of this our Kingdome freely, quietly and peaceably have and possesse, occupy
and enjoy as our Liege people borne or to bs borne within our saide Kingdome
of Englande, without the Lett, molestation, vexation, trouble or offence
of us, our heires, or Successors whomsoever, any Statute, Act, Ordinance,
or Provision to the contrary hereof notwithstanding.
XI. And furthermore, that our Subjects may be the rather incouraged to undertake this expedition with ready and cheerful mindes, through the hope of gaine and comfort of Privileges, Know yee that wee of our especiall grace certaine knowledge and meere motion doe give and grant free License and Liberty by virtue of these presents, as well unto the sayd Sr George Calvert his heires and assignes, as to all other that shall from time to time repaire unto Avalon with a purpose to inhabite, to lade and fraiget, and into the sayd Province of Avalon by them their servants or Assignes from any Ports whatsoever of us our heires and successors to transport all and singular their goods, moveable or unmoveable wares and merchandise, as likewise Armes and warlike instruments offensive and defensive, without any Imposition, Subsidy, Custome or any other thing to be paid therefor unto us our heires or successors, and without the impediment or molestation of us our heires or successors, or of any officer whatsoever or Farmo of us our heires or successors, any Statute, Act, Ordinance or any other thing to the contrary notwithstanding. Provided alwayes that before the sayd Goods and Merchandises be carried or Laden aboorde the Shippes, leave be first asked and obtained of the highe Treasurer of us our heires and successors of our Kingdome of England, or of the Comissioners for our Treasury, or of sixe or more of the Privy Counsell to us our heires and successors under their handes in writing. To which highe Treasurer, Comissioners and Privy Counsell of us our heires and successors, or 1o any sixe or more of them, Wee have for us our heires and successors given and granted, as wee doe by these presents give and grant, power to grante such Licenses in forme aforesayd. XII. And because in so remote a Country and scituate amongst so many barbarous Nations, the incursions as well of the Salvages themselves as of other Enimies Piratts and Robbers may probably be feared, Therefore wee have given, and for us OUT heires and successors by these presents doe give power unto the sayd Sr George Calvert Knight his heires and assignes, by himselfe or his Captaines or other of his Officers, to Levy, Muster and Trayne all sorts of men whatsoever, or wheresoever borne, in the Province of Avalon for the time being, and to make warre and to prosecute the enemies and Robbers aforesayd as well by Sea as by iand, yea even without the Limitts of the sayd Province, and by God's assistance to vanquish and take them, and being taken to putt them to death by the Lawe of warre, or to save them, as the sayd Sr George Calvert and -his heires and assignes shall think fitt, and to doe all and every other thing which unto the Charge and office of a Captaine generall belongeth or hath accustomed to belong, as fully and freely as any other Captaine generall hath ever had the same. XIII. Also our will and pleasure is, and by this our Charter
wee do give to the sayd Sr George Calvert Knight his heires and assignes
in case of Rebellion, Suddaine Tumult or sedition if any should happen
(which God forbidd) either upon the Land within the Province aforesayd
or upon the Maine Sea in making a voyage thither, or returning from thence,
power, liberty and authority by himselfe or his Captaines, deputies or
other Officers to be authorized under his Seale to that purpose (to whom
wee also for us our heires and successors doe give and grante by these
presents full power and authority) to exercise the Lawe military against
mutinous and seditious persons, such as shall refuse to submitt themselves
to his or their Government, or shall refuse to serve in the Warres, or
shall flye to the Enemy or forsake their Ensignes, or be Loyterers or straglers,
or otherwise howsoever offending against the Lawe, Custome, [and] discipline
Military, as freely and in as ample a manner and forme as any Captaine
Generall by virtue of his Office might or hath accustomed to use the same.
XIV. Furthermore that the way to honors and dignityes
may not seem to be altogether precluded and shutt up to men well borne
and such as shall prepare themselves unto this present Plantation, and
shall deserve well of us and our Kingdomes both in peace and warre in so
farre distant and remote a Country, Therefore we, for us our heires and
successors, doe give free and absolute power unto the sayd Sr George Calvert
Knight, his heires and assignes,to conferre favors, Kewardes and honors
upon such inhabitants within the Province aforesayd, as shall deserve the
same, and to invest them with what Titles and dignityes soever as hee shall
think fitt, so as they be not such as are at this present used in our Kingdome
of England; As likewise to erect and incorporate Townes into Burroughes,
and Burroughes into Cittyes, with convenient privileges and imunityes according
to the meritt of the Inhabitants, and the fittness of the places, and to
doe all and every other things touching the premises, which to him or them
shall seeme meete and requisite, albeit they be such as of their owne nature
might otherwise require a more speciall comandment and warrant than in
these presents is expressed.
XV. And forasmuch as the beginnings of all Colonyes and
Commonwealths are incumbred with sundry inconveniences and difficulties,
wee therefore favouring the growth of this present Collonye and providing
out of our Eoyall care, that those who are burdened one way may be eased
another, of our especiall grace and meere motion doe by this our Charter
give and grant to the sayd Sr George Calvert his heires and assignes and
to all the Inhabitants and dwellers whomsoever present and to come in Avalon
aforesayd, License to import and unlade by themselves or their servants,
Factors, or assigns, all whatsoever Merchandize and Goods that shall arise
of the fruits and Comodi-tyes of the sayd Province either by Land or Sea
into any of the Ports of us, our heires and successors in our Kingdomes
of England or Ireland, or otherwise to dispose of the sayd Goodes in the
sayd Ports, and if neede be within one yeare after the discharge of the
samer to Lade the sayd Marchandise and Goods again into the same shippes,
or others, and to export the same into any other Countryes either of our
dominion or forraigne without paying in any sort any manner of subsidy,
Custome, Taxe, or imposition whatsoever unto us, our heires or successors,
or to the Customers, Farmers and Lessees of us, our heires or successors
in any manner wise. Provided allways, and it is our meaning and intention
that this our grace and immunity from Customes, impositions, subsidies
shall continue and be of force for Tenne yeares onely to be reckoned from
the date of these presents, and no longer, which Tenne yeares being expired
and ended, Our will and pleasure is, and wee doe, for us, our heires and
successors grante, and ordaine, that the sayd Sr George Calvert, Knight,
his heires and assignes, and all and every other Inhabitant and dweller
present and to come within the Province of Avalon aforesayd, may by themselves
or their Factors and servants import and unlade, and within the time aforesayd
if they will relade and export all manner of Marchandises, wares and goods
whatsoever arising from the fruites and comodities of Avalon into and out
of any the Ports whatsoever of us, our heires and successors. Provided
allwayes that they doe pay for the same unto us, our heires and successors
such customes and Impositions subsidies and duties as other our subjects,
for the time are bound to pay, beyond which we do not intend that the sayd
Inhabitants of Avalon bee any way charged.
XVI. And furthermore of our more ample and spsciall grace
certaine knowledge' and meere motion wee doe for us our heires and successors
grante unto the sayd Sr George Calvert Knight, his heires and assignes
full and absolute power and authority to make erect and constitute within
the Province of Avalon and Islands aforesaid, such and so many Sea Ports,
harbours, Creekes and other places of charge and discharge for Shippes
Boats and other Vessells, and in such and so many places and with such
Rightes, jurisdictions, freedomes and Privileges unto the sayd Ports belonging,
as to him or them shall seeme most expedient; And that all and singular
the Shippes Boats and other Vessells which shall come for Merchandise and
trade unto the sayd Province, or out of the same shall depart shall be
Laden and Unladen only at such Ports and no other, as the sayd Sr George
Calvert his heires and assignes shall erect and constitute, any use, cus-tome,
or other thing to the contrary notwithstanding. Saving allwaies and ever
reserved unto all our subjects, and the subjects of our heires and successors
of our Kingdome of England free liberty of Fishing as well in the Sea as
in the Ports and Creekes of the Province aforesayed, and the privilege
of salting and drying their Fishe upon the Shoares of the sayd Province,
as heretofore they have reasonably used and enjoyed the same, any thing
in these presents to the contrary notwithstanding. Which Liberties and
Previleges nevertheless the subjects aforesayd of us our heires_ and successors
shall enjoy without doing any injury or notable losse and detriment unto
the sayd-Sr George Calvert his heires and assignes, or to the dwellers
and Inhabitants of the sayd Province in the Ports Creekes and shoares aforesayd
and especially in the Woodes growing within the sayd Province. And if any
shall presume to offer any such injury or spoile, hee shall thereby incurre
. the heavy displeasure of us our heires and successors, together with
the danger and penalty which by the Lawes shall be unto the same.
XVII. Wee doe furthermore will, appoint, and ordayne,
and by these presents for us our heires and successors wee doe grante unto
the sayd Sr George Calvert, his heires and assignes, that hee his heires
and assignes may from time to time for ever have and enjoy all and singular
the Subsidies, Customes and Impositions payable or accruing within the
Ports, harbours and other places aforesayd within the Province aforesayd
for all goods and Merchandises there to be laden and unladen.
XVIII. And further our pleasure is and by these presents
for us our heires and successors wee doe covenant and grant to and with
the sayd Sr George Calvert Knight, his heirs and Assignes, That we our
heires and successors shall at no time hereafter sett or make, or cause
to be sett any Imposition, Custome or other Taxation whatsoever in or upon
the dwellers or inhabitants of the Province aforesayd, or upon any of the
Landes Tenements goods or Chattells within the sayd Province, or in or
upon any of the goods or Merchandises within the sayd Province to be Laden
or-unladen within the Ports or harbours of the sayd Province. And our pleasure
is, and for us our heirs and successors wee charge and command that this
our declaration and grante shall be received and allowed from time to time
in all Courts, and before any the Judges of us our heires and successors
for a sufficient and Lawfull discharge, payment and acquittance, Commanding
all and singular our Officers and ministers of us our heires and successors,
and enjoyning them upon paine of our highe displeasure, that they doe not
presume at any time to attempt anything to the contrary of the premisses,
or that they doe in any sorte withstand the same, but that they be at all
times aiding and assisting, as is fitting, unto the sayd Sr George Calvert
Knight, and to the Inhabitants and Marchants of Avalon aforesayd, their
servants, Ministers factors and Assignes, to the full fruition and enjoying
of the benefitt of this our Charter.
XIX. And if perchance hereafter it should happen that
any doubtes or questions should arise concerning the true sense and understanding
of any words clause or sentence contained in this our present Charter,
Wee will, ordaine and command, that at all times and in all things such
interpretation bee made thereof and allowed in any of our Courts •whatsoever,
as shall be judged most advantageous and favorable unto the sayd Sr George
Calvert his heires and assignes. Provided allways that no interpretations
bee admitted thereof whereby Gods holy and truly Christian Religion or
Allegiance due unto us our heires and successors may in any thing suffer
any prejudice or diminution. Although express mention be not made in these
presents of the true yearly value or certainty of the premises or of any
part thereof, or of other gifts or grantes made by us heretofore or by
any of our Progenitors or predecessors unto the sayd Sr George Calvert
Knight, 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.
XX. In witnesse whereof we have caused these our Letters to be made patents. Wit-nesse ourself at Westminister the seventh day of Aprill in the one and twentith yeare of our Raigne of England, France and Ireland, and of Scotland the sixe and flfteth. |
THE CHARTER OF MARYLAND, June
20, 1632
source: http://www.yale.edu/lawweb/avalon/states/ma01.htm see also: the charter from Bacon's Laws of Maryland in
AOMOL.net
II. Whereas our well beloved and right trusty Subject
Caecilius Calvert, 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 Expense, a numerous Colony of the
English Nation, to a certain Region, herein after described, in a Country
hitherto 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 Jurisdiction, 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 Caecilius, 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 hesapeake 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 Wigloo, 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 Equinoctial, where New England
IV. Also We do grant and likewise Confirm unto the said
Baron of Baltimore, his Heirs, and Assigns, all Islands and Inlets within
the Limits aforesaid, all and singular the Islands, and Islets, from the
Eastern Shore of the aforesaid Region, towards the East, which had been,
or shall be formed in the Sea, situate within Ten marine Leagues from the
said shore; with all and singular the Ports, Harbours, Bays, Rivers, and
Straits belonging to the Region or Islands aforesaid, and all the Soil,
Plains, Woods, 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 of Whales, Sturgeons, and other royal Fish, as of
other Fish, in the Sea, Bays, Straits, or Rivers, within the Premises,
and the fish t here taken; And moreover 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 furthermore 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 Premises, 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, exercised, 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.
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 Premises (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 Premises, unto the aforesaid now Baron of Baltimore, and to his Heirs and Assigns, to the sole and proper Behoof 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 Soccage, by Fealty only for all Services, and not in Capite, nor by Knights Service, Yielding therefore unto Us, our Heirs and Successors Two Indian Arrows of these 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 decorated 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 Ifs' our
Heirs and Successors, erect and incorporate the same into a
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,
forges, 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 Presents, to Ordain, Make, and Enact Laws, of what Kind
soever, according to their sound Discretions whether relating to the Public
State of the said Province, or the private Utility of Individuals, of and
with the Advice, Assent, and Approbation of the Free-Men of the same Province,
or the greater Part of them, or of their Delegates or Deputies, whom We
will shall be called together 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 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 execute 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, imprisonment, 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, Release, 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, Praetorian 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, Praetorian Judicatories,
and Tribunals, in all Actions,
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 Occasion, 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 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 constituted as aforesaid, may, and can make and constitute fit and Wholesome
Ordinances 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
Government of the People inhabiting 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 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 Member, 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 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, and 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 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, 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 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,
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 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 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 movable, as immovable, Wares and Merchandizes, likewise
Grain of what Sort soever, and other Things whatsoever necessary for Food
and dothing, 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
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 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 Barbarians themselves,
as of other Enemies, Pirates and Ravagers, probably will be feared. Therefore
We have Given, and for Us, our Heirs, and Sucessors, 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, and 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 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 aforesaid, or upon the High Sea in making a Voyage to the
said Province of Maryland. or in returning thence, they may, by themselves,
or by their Captains, or others 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, with-drawing
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, left in so remote and far distant a Region,
every Access to Honors 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 Kingdom;
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 Favors, Rewards and Honors, 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 Convenience of the Places; and to do all and singular other Things
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 lay this our Charter, unto
the aforesaid now Baron of
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 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, Harbors 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 suck Rights, Jurisdictions, Liberties, and Privileges,
unto such Parts 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 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,
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
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 said 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, forever,
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 Premises,
to any Person or Persons willing to purchase the same, as they shall think
convenient, 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 and 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 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 Baltimore, his Heirs and Assigns' shall seem expedient; the Statute
made in the Parliament of Lord Edward, Son of Icing Henry, late King of
England, our Progenitor, commonly called the " Statute Quia Emptores Terrarum,"
heretofore published in our Kingdom of England, or any other Statute, Act,
Ordinance, Usage, Law, or Custom, or any other Thing, Cause, or Matter,
to the contrary thereof, heretofore had, done, published, ordained 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 Stewards, 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 belong.
XX. And further We will, and do, by these Presents, for Us, our Heirs and Successors, covenant and grant to, and with the aforesaid now Baron of Baltimore, His Heirs and Assigns, that We, our Heirs, and Successors, at no Time hereafter, will impose, or make or cause to be imposed, any Impositions, Customs, or other 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 Tenements, 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 Harbors 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 Praetorian Judicatories, and before all the Judges whatsoever of Us, our Heirs and Successors, for a sufficient and lawful Discharge, Payment, and Acquittance thereof, charging all and singular the Officers and Ministers of Us, our Heirs and Successors, and enjoining 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 Inhabitants and Merchants of the Province of Maryland aforesaid, and their Servants and Ministers, Factors and Assigns, in the fullest Use and Enjoyment of the Charter. XXI. And furthermore We will, and by these Presents, for Its, 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 transported, or be dependent on tee 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 forever. 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 Interpretation to be applied always, and in all Things, and in all Courts and Judicatories whatsoever, to obtain which shall be judged to be the more beneficial, profitable, and favorable to the aforesaid now Baron of Baltimore, his Heirs and Assigns: 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 Mention be not made in these Presents of the true- yearly Value or Certainty of the Premises, or of any Part thereof; or of other Gifts and Grants made by Us, our Heirs and Successors, unto the said now Lord Baltimore, 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 Twentieth Day of June, in the Eighth Year of our Reign. |