H CITIZENSHIP AND SUFFRAGE IN MARYLAND.
ordaine and command that the said Augustine Herman be in all things held,
treated, reputed, and esteemed as one of the fqitlifiill people of vs, our
heires
and successors, borne within this our Province of Maryland, and likewise,
any lands, tenements, revenues, services and other liereditaments
whatsoever,
within our said Province of Maryland, may hilieritt or otherwise purchase,
receive, take, have, hould, buy and possess, and them may occupy and enjoy,
give, sell, alien and bequeath, as likewise all liberties, ffra.nchises and
1privi-
ledges of this our Province of Maryland, freely, quietly and peaceably have
and possess, occupy and enjoy as our faithfull people, borne or to be borne
within our said Province of Maryland, without the lett, molestation,
vexation,
trouble or grievance of vs, our heirs and successors, any custome to the
con-
trary hereof in any, wise notwithstanding."
These letters were given by Lord Baltimore as Palatine, and the extent. of
his power is shown by his venturing to give them. We note that according
to this, a denizen of Maryland was superior to a denizen of England; in that
lie had all rights of natives, instead-of only some of them; in that lie
could
inherit; and in that he could take grants of land from the proprietor, who
Col.-
responded to the Crown. Further, he had to pay no alien duty, as a, denizen
of England had. The exact difference of his privileges from those of natu-
ralized citizens it is not easy to see, and a denizen is known to have
served on
juries.
When the Proprietary sent Col. Utie against New Amstill in Delaware,
several persons there were found willing to come under Lord Baltimore's
jurisdiction. Some of these removed to Maryland and were the next to obtain
patents of denization. These patents follow that of Augustine Herman, save
that the causes are stated to be that the petitioners have transported
themselves
into Maryland and that Lord Baltimore is " willing to give due encouragement
to the subjects of that Crowne," and that the petitioner, in each case, is
stated
to have requested denization, in order to have "freedome, land to him and
leis
heires to purchase." In case a man has a. family, his wife and children,"
as well
those already borne as those hereafter to be borne," are also made
denizens.-'
There are in all forty-six patents of deniza,tionrecorded, all but one
bein,r
given between the years 1661 and 1608. Those made denizens, for the most
part, were Swedes, Dutch and French. There are isolated instances of pat-
ents issued to inhabitants of Germany, Spain, Portugal, to a Jew and to a
Scotchinan. Possibly the latter was an old man and so not affected by tile
doctrine of Calvin's case, which declared all born in Scotland, after
Jalnes I
acceded to the English Crown, to be English citizens. '1 'he last instance
of
denization, occurring in 1672, is the only instance of a. woman receiving
the
privilege and is peculiar, in that she had already been included in the
letters
granted to her father four years before.3
(1) Council I, 529. Herman was one of Commission for Kent, Co.
(2) Council I pp. 428-43.
(3) Council II, p. 112.
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