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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 12   View pdf image (33K)
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12 LAND-HOLDER'S ASSISTANT.

the first Colony distinguished by that title) was declared to
be entirely separated from Virginia; not thenceforth to be in
any manner considered as a part thereof, or dependent on or
subordinate to that or any other colony, but to be immediately
subject to the Crown of England. The Grant comprehended
" all Islands and Islets within the limits aforesaid, and all
" Islands &c. within ten marine leagues of the Eastern
" shore, with all the Ports, Harbours, Bays, Rivers, and
" Straits, belonging to the region or Islands aforesaid, and
" all the soil, plains, woods, mountains, marshes, Lakes,
" Rivers, Bays, and Straits, with the fishings of every kind,
" within the said limits ;" all mines of whatsoever kind, and the
patronage and advowson of all Churches. Lord Baltimore
was created absolute Lord and Proprietary of the Province,
saving only the allegiance and sovereign dominion due to
the Crown, and was invested with all the 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, which any Bishop of Durham
within the Bishoprick or County Palatine of (c) Durham in the
Kingdom of England had ever enjoyed or of right could
or ought to have, hold, use, or enjoy; To HOLD of the King
of England and his Successors as of the Castle of Windsor
in the County of Berks in free and common Socage by
Fealty, only for all Services, and not in Capite nor by Knight's
Service; Yielding therefor 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 should happen from time to time to be
found within the aforesaid limits.

    The Proprietary was further empowered, with the consent
of the Freemen, or their Delegates, to be called together for
that purpose, to make Laws of what kind soever, so that
they should be consonant to reason, and not repugnant, but
agreeable so far as conveniently might be to the Laws and

    (c) Three of the Counties in England, to wit, Chester, Durham, and,
Lancaster, are called Counties Palatine: They were so called a Palatio,
because the owners had in those Counties Jura Regalia as fully as the
King had in his palace. They had the power of pardoning treasons,
murders and felonies; They appointed all Judges and Justices of the Peace; all
writs and indictments ran in their names, as in other Counties in the
King's, and all offences were said to be done against their peace, and not
as in other places against the peace of the King. These privileges were
abridged by the Statute 27th Henry VIII, but the Grant to Lord
Baltimore by referring to the highest privileges that had ever been enjoyed by
these Lords Palatine, seems to comprehend the original power, and the
County of Durham was selected as being the only one remaining in
England in the hands of a subject. The royal rights above enumerated were
exercised in the fullest manner by the Proprietary.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 12   View pdf image (33K)
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