Successors the Impositions Customes and other duties and payments for the said Wares and Merchandise any Statute Act Ordinance or other thing whatsoever to the contrary notwithstanding AND because in so remote a Country and situate amongst so many barbarous nations the incursions aswell of the salvages themselves as of other enemies pyrates and robbers may probably be feared Therefore We have given and for Vs Our Heires and Successors doe give power by these presents unto the now Lord Baltemore his heires and assignes by themselves or their Captaines or other their officers to Leauy Muster and Traine all sorts of men of what condition or wheresoever borne in the said Province of Mary-land for the time being and to make warre and to pursue the Enemies and Robbers aforesaid aswell by sea as by land yea even without the limits of the said Province and by Gods assistance to vanquish and take them and being taken to put them to death by the Law of warre or to save them at their pleasure and to doe all and every other thing which unto the charge and office of a Captaine Generall of an Army belongeth or hath accustomed to belong as fully and freely as any Captaine Generall of an army hath ever had the same ALSO Our Will and Pleasure is and by this Our Charter We doe give unto the said now Lord Baltemore his heires and assignes full power liberty and authority in case of Rebellion Tumult or Sedition if any should happen which God forbid either upon the land within the Province aforesaid or upon the maine sea in making a voyage thither or returning from thence by themselues or their captains deputies or other officers to be authorized under their seales for that purpose to whom we also for Vs Our Heires and Successors doe give and grant by these presents full power and authority to exercise Martiall Law against mutinous and seditious persons of those parts such as shall refuse to submit themselves to his or their governement or shall refuse to serve in the warres or shall flie to the Enemy or forsake their Ensignes or be loyterers or straglers or otherwise how soever offending against the Law Custome and Discipline military as freely and in as ample manner and forme as any Captaine generall of an army by vertue of his office might or hath accustomed to use the same FVRTHERMORE That the way to honors and dignities may not seeme to be altogether precluded and shut up to men well borne and such as shall prepare themselves unto this present Plantation and shall desire to deserve well of Vs and Our Kingdomes both in peace and war in so farre distant and remote a Countrey Therefore We for Vs Our Heires and Successors doe give free and absolute power unto the said now Lord Baltemore his heires and assignes to conferre favours rewards and honours upon such inhabitants within the Province aforesaid as shall deserve the same and to invest them with what titles and dignities soever as he shall thinke fit so as they be not such as are now used in England As likewise to erect and incorporate Townes into Boroughes and Boroughs into Cities with convenient priuiledges and immunities according to the merit of the inhabitants and the fitnesse of the places and to doe all and every other thing or 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 commandement and warrant then in these Presents is expressed WEE will also and by these Presents for Vs Our Heires and Successors We doe give and grant licence by this Our Charter unto the said now Lord Baltemore his heires and assignes and to all the inhabitants and dwellers in the Province aforesaid both present and to come to import or unlade by themselves or their servants factors or assignes all Merchandizes and goods whatsoever that shall arise of the fruits and commodities of the said Province either by land or sea into any of the ports of Vs Our Heires and Successors in Our kingdomes of England or Ireland or otherwise to dispose of the said goods in the said Ports and if need be within one yeere next after the unlading of the same to lade the said merchandizes and goods againe into the same or other ships and to export the same into any other Countreys either of our Dominion or forreigne being in Amity with Vs Our Heires and Successors Provided alwayes that they pay such Customes Impositions Subsidies and Duties for the same to Vs Our Heires and Successors as the rest of Our Subjects of Our Kingdome of England for the time being shall be bound to pay beyond which We will not that the inhabitants of the foresaid Province of Mary-land shall be any way charged AND furthermore of Our more ample and speciall Grace certaine knowledge and meere motion We doe for Vs Our Heires and Successors grant unto the said now Lord Baltemore his heires and assignes full and absolute power and authority to make erect and constitute within the Province of Mary-land and the Iles and Iletts aforesaid such and so many Sea-ports Harbours Creekes and other places for discharge and unlading of goods and merchandises out of Ships Boates and other vessells and lading them and in such and so many places and with such Rights Iurisdictions Liberties and Priviledges unto the said ports belonging as to him or them shall seeme most expedient And that all and singular the Ships Boats and other Vessells which shall come for merchandize and trade unto the said Province or out of the same shall depart shall be laden and unladen only at such Ports as shall be so erected and constituted by the said now Lord Baltemore his heires or assignes any Vse Custome or other thing to the contrary notwithstanding saving alwayes unto Vs Our heires and Successors and to all the Subjects of Our Kingdome of England and Ireland of Vs Our Heires and Successors free liberty of fishing for Sea-fish aswell in the Sea Bayes Inletts and navigable Rivers as in the Harbours Bayes and Creekes of the Province aforesaid and the Priviledges of salting and drying their fish on the shore of the said Province and for the same cause to cut and take underwood or twiggs there growing and to build Cottages and Shedds necessary in this behalfe as they heretofore have or might reasonably have used which Liberties and Priviledges neverthelesse the Subjects aforesaid of Vs Our Heires and Successors shall enjoy without any notable dammage or injury to be done to the said now Lord Baltemore his heires or assignes or to the dwellers and inhabitants of the said Province in the Ports Creekes and shores aforesaid and especially in the woods and Copses growing within the said Province And if any shall doe any such dammage or injury he shall incurre the heavy displeasure of Vs Our Heires and Successors the punishment of the Lawes and shall moreover
people to the English at Monaponson and hope you will not make the rash act of a few young men which was done in heate a quarrell to their Nation who desire to live in peace and love with you and are ready to make satisfaction for the Injury desiring to know what will give you content and that they will returne such things as were then taken from thence But withall they desire you not to thinke that they doe this for feare for they have warres with the Sasquehanocks who have by a surprise lately killed many of their men but they would not sue to them for peace intending to revenge the injuries as they could find opportunitie yet their desire was to have peace with the English The Governour returned answere to the Wicomesse since you acknowledge the Injury and are sorry for it and onely desire to know what I expect for satisfaction I tell you I expect that those men who have done this out-rage should be delivered unto me to doe with them as I shall thinke fit and likewise that you restore all such things as you then tooke from the English and withall charged him with a second Injury attempted upon some of his owne People since that time by the Wicomesses The Wicomesse after a little pause replyed It is the manner amongst us Indians that if any such like accident happen wee doe redeeme the life of a man that is so slaine with a 100. armes length of Roaroke which is a sort of Beades that they make and use for money and since that you are heere strangers and come into our Countrey you should rather conforme your selues to the Customes of our Countrey then impose yours upon us But as for the second matter I know nothing of it nor can give any answere thereunto The Governour then told him It seemes you come not sufficiently instructed in the businesse which wee have with the Wicomesses therefore tell them what I have said and that I expect a speedy answere and so dismist him It fell in the way of my discourse to speake of the Indian money of those parts It is of two sorts Wompompeag and Roanoake both of them are made of a Fish-shell that they gather by the Sea side Wompompeag is of the greater sort and Roanoake of the lesser and the Wompompeag is three times the value of Roanoake and these serue as Gold and Siluer doe heere they barter also one commoditie for another and are very glad of trafficke and commerce so farre as to supply their necessities They shew no great desire of heaping wealth yet some they will have to be buryed with them If they were Christians and would live so free from covetousnesse and many other vices which abound in Christendome they would be a brave people I therefore conclude that since God Almighty hath made this Countrey so large and fruitfull and that the people be such as you have heard them described It is much more Prudence and Charity to Civilize and make them Christians then to kill robbe and hunt them from place to place as you would doe a wolfe By reducing of them God shall be serued his Majesties Empire enlarged by the addition of many thousand Subjects as well as of large Territories our Nation honoured and the Planters themselues enriched by the trafficke and commerce which may be had with them and in many other things they may be usefull but prejudiciall they cannot be if it be not through their owne faults by negligence of fortifying themselues and not conseruing military discipline CHAP. VI. Conditions propounded by the Lord Baltemore to such as shall goe or adventure into Maryland I. WHAT person soever subject to our soveraigne Lord the King of England shal be at the charge to transport into the Province of Maryland himselfe or his deputy with any number of able men betweene the ages of 16 and 50 each man being provided in all things necessary for a Plantatiō which together with their transportation will amount to about 20 l. a man as by an aestimate hereafter following may appeare there shal be assigned unto every such adventurer for every five men which he shall so transport thither a proportion of good land within the said Province containing in quantity 1000 acres of English measure which shall be erected into a Mannor and be conveyed to him his heires and assignes for ever with all such royalties and priviledges as are usually belonging to Mannors in England rendring and paying yerely unto his Lordship and his heires for every such Mannor a quit rent of 20 shillings to be paid in the Commodities of the Countrey and such other services as shall be generally agreed upon for publike uses and the common good II. What person soever as aforesaid shall transport himselfe or any lesse number of servants then five aged and provided as aforesaid he shall have assigned to him his heires and assignes for ever for himselfe 100 acres of good land within the said Province and for and in respect of every such seruant 100 acres more be be holden of his Lordship in freehold paying therefore a yeerely quit rent of 2 shillings for every hundred acres in the Commodities of the Countrey III. Any married man that shall transport himselfe his wife and children shall have assigned unto him his heires and assignes for ever in freehold as aforesaid for himselfe 100 acres and for his wife 100 acres and for every child that he shall carry over under the age of 16 yeeres 50 acres paying for a quit rent 12 pence for every fifty acres IIII. Any woman that shall transport herselfe or any children under the age of sixe yeeres shall have the like Conditions as aforesaid V. Any one that shall carry over any women servants under the age of fourty yeeres shall have for and in respect of every such woman servant 50 acres paying onely a quit rent as aforesaid CHAP. VII Instructions and advertisements for such as shall intend to goe or send to plant in Maryland THis Countrey of Maryland lieth from England to the Southwest about 1200 leagues by Sea the voyage is sometimes performed thither in 5 or 6 weekes but ordinarily it is two moneths voyage and oftner within that time then beyond it The returne from thence to England is ordinarily made in a moneth and seldome exceeds sixe weekes The best time of the yeere for going thither is to be there by Michaelmas or at furthest by Christmas for he that comes by that time shall have time enough to build him a house and to prepare ground sufficient to plant in the spring following But there is conveniency of passage thither in most moneths of the yeere and any one that will send unto Mr. Peasleys or Master Morgans house may there be informed of the certaine time when any of his Lordships company is to goe away and so save the charge of unnecessary attendance here in London A particular of such necessary provisions as every
thereof inhabited by certaine barbarous people having no knowledge of Almighty God and hath humbly besought our Royall Majestie to give grant and confirme all the said Countrey with certaine Priviledges and Iurisdictions requisite for the good government and state of his Colony and Countrey aforesaid to him and his heires for ever KNOW YEE therefore that Wee favouring the Pious and Noble purpose of the said Barons of Baltemore of our speciall grace certaine knowledge and meere motion have given granted and confirmed and by this our present Charter for Vs Our Heires and Successors doe give grant and confirme unto the said Cecilius now Baron of Baltemore his heires and Assignes all that part of a Penjnsula lying in the parts of America betweene the Ocean on the East and the Bay of Chesopeack on the West and divided from the other part thereof by a right line drawne from the Promontory or Cape of Land called Watkins Point situate in the foresaid Bay neere the river of Wighâ—â— on the West unto the maine Ocean on the East and betweene that bound on the South unto that part of Delaware Bay on the North which lieth under the fortieth degree of Northerly Latitude from the Equinoctiall where New-England ends And all that tract of land betweene the bounds aforesaid that is to say passing from the foresaid Bay called Delaware Bay in a right line by the degree aforesaid unto the true Meridian of the first fountaine of the River of Pattowmeck and from thence trending toward the South unto the farther banke of the fore-said River and following the West and South side thereof unto a certaine place called Cinquack situate neere the mouth of the said River where it falls into the Bay of Chesopeack and from thence by a straight line unto the foresaid Promontory and place called Watkins Point So that all that tract of land divided by the line aforesaid drawne betweene the maine Ocean and Watkins Point unto the Promontory called Cape Charles and all its apurtenances doe remaine intirely excepted to us our heires and Successors for ever WEE DOE also grant and confirme unto the said now Lord Baltemore his heires and Assignes all Ilands and Iletts within the limitts aforesaid and all and singular the Ilands and Iletts which are or shall be in the Ocean within 10. Leagues from the Easterne shoare of the said Countrey towards the East with all and singular Ports Harbors Bayes Rivers and Inletts belonging unto the Countrey or Ilands aforesaid And all the Soile lands Fields Woods Mountaines Fennes Lakes Rivers Bayes and Inletts situate or being within the bounds and limits aforesaid with the fishing of all sorts of fish Whales Sturgeons and all other royal fishes in the Sea Bays Inletts or Rivers within the premises and the fish therein taken and moreover all Veines Mines and Quarries aswell discovered as not discovered of Gold Siluer Gemmes and pretious stones and all other whatsoever be it of Stones Mettalls or of any other thing or matter whatsoever found or to bee found within the Countrey Iles and limits aforesaid And Furthermore the Patronages and Aduowsons of all Churches which as Christian Religion shall encrease within the Countrey Iles Iletts and limits aforesaid shall happen hereafter to bee erected together with licence and power to build and found Churches Chappell 's and Oratories in convenient and fit places within the premises and to cause them to be dedicated and consecrated according to the Ecclesiasticall Lawes of our Kingdome of England Together with all and singular the like and as ample rights Iurisdictions Priviledges Prerogatives Royalties Liberties Immunities Royall rights and franchises of what kind soever temporall as well by Sea as by land within the Countrey Iles Iletts and limits aforesaid To have exercise use and enjoy the same as amply as any Bishop of Durham within the Bishoprick 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 AND HIM the said now Lord Baltemore his Heires and Assignes Wee doe by these Presents for Vs Our Heires and Successors make create and constitute the true and absolute Lords and Proprietaries of the Countrey aforesaid and of all other the Premises except before excepted saving alwayes the faith and allegeance and Soveraigne dominion due unto Vs Our Heires and Successors TO HAVE hold possesse and enjoy the sayd Countrey Iles Iletts and other the Premises unto the said now Lord Baltemore his heires and assignes to the sole and proper use and behoofe of him the said now Lord Baltemore his heires and assignes for ever TO BEE holden of Vs Our Heires and Successors Kings of England as of Our Castle of Windsor in Our County of Berkshire in free and common soccage by fealty onely for all seruices and not in Capite or by Knights seruice YEELDING and paying therefore to Vs our Heires and Successors two Indian Arrowes of those parts to be delivered at Our said Castle of Windsor every yeere on the Tuesday in Easter weeke and also the fifth part of all Gold and Siluer Oare within the limits aforesaid which shall from time to time happen to be found NOW THAT the said Countrey thus by Vs granted and described may be eminent above all other parts of the said territory and dignified with larger titles Know yee that wee of our further grace certaine knowledge and meere motion have thought fit to erect the same Countrey and Ilands into a Province as out of the fullnesse of Our royall Power and Prerogative Wee doe for Vs Our Heires and Successors erect and incorporate them into a Province and doe call it Mary land and so from henceforth will have it called AND FORASMVCH as Wee have hereby made and ordained the foresaid now Lord Baltemore the true Lord and Proprietary of all the Province aforesaid Know yee therefore moreover that Wee reposing especiall trust and confidence in the fidelitie wisedome Iustice and Provident circumspection of the said now Lord Baltemore for Vs Our Heires and Successors 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 said Province to ordaine make enact and under his and their seales to publish any Lawes whatsoever appertaining either unto the publike State of the said Province or unto the private utility of particular Persons according unto their best discretions of and with the aduise assent and approbation of the Free-men of the said Province or the greater part of them or of their delegates or deputies whom for the enacting of the said Lawes when and as often as neede shall require We will that the said now Lord Baltemore and his heires shall assemble in such sort and forme as to him or them shall seeme best And the same lawes duly to execute upon all people within the said Province and limits thereof for
the time being or that shall be constituted under the government and power of him or them either sayling towards Mary-land or returning from thence toward England or any other of Ours or forraine Dominions by imposition of Penalties Imprisonment or any other punishment yea if it shall be needfull and that the quality of the offence require it by taking away member or life either by him the said now Lord Baltemore and his heires or by his or their Deputies Lievtenants Iudges Iustices Magistrates Officers and Ministers to be ordained or appointed according to the Tenor and true intention of these Presents And likewise to appoint and establish any Iudges and Iustices Magistrates and Officers whatsoever at sea and Land for what causes soever and with what power soever and in such forme as to the said now Lord Baltemore or his heires shall seeme most conuenient Also to remit release pardon and abolish whether before Iudgement or after all crimes or offences whatsoever against the said Lawes and to doe all and every other thing or things which unto the compleate establishment of Iustice unto Courts Praetories and Tribunals formes of Iudicature and maners of proceeding do belong although in these Presents expresse mention be not made thereof and by Iudges by them delegated to award Processe hold Pleas and determine in all the said Courts and Tribunalls all actions suits and causes whatsoever as well criminall as civill personall reall mixt and praetoriall which laws so as aforsaid to be published Our pleasure is and so Wee enioyne require and command shall be most absolute and available in Law and that all the Leige people and subjects of Vs Our Heires and Successors do obserue and keepe the same inuiolably in those parts so farre as they concerne them under the paines therein expressed or to be expressed Provided neverthelesse that the said Lawes be consonant to reason and be not repugnant or contrary but as neere as conueniently may be agreeable to the Lawes Statutes Customes and Rights of this our Kingdome of England AND FORASMVCH as in the Government of so great a Province suddaine accidents doe often happen whereunto it will be necessary to apply a remedy before the Free-holders of the said Province their Delegates or Deputies can be assembled to the making of Lawes neither will it be conuenient that instantly upon every such emergent occasion so great a multitude should be called together Therefore for the better government of the said Province Wee will and ordaine and by these Presents for Vs Our Heires and Successors doe grant unto the said now Lord Baltemore and his heires that the said now Lord Baltemore and his heires by themselues or by their Magistrates and Officers in that behalfe duely to be ordained as aforesaid may make and constitute fit and wholesome Ordinances from time to time within the said Province to be kept and obserued as well for the preservation of the Peace as for the better government of the people there inhabiting and publikely to notifie the same to all persons whom the same doth or any way may concerne which Ordinances Our pleasure is shall be obserued inviolably within the said Province under the paines therein to bee expressed So as the said Ordinances be consonant to reason and be not repugnant nor contrary but so farre as conveniently may be agreeable with the Lawes and Statutes of Our Kingdome of England and so as the said Ordinances be not extended in any sort to bind charge or take away the right or interest of any person or persons of or in their Life Member Free-hold Goods or Chattells FVRTHERMORE that this new Colony may the more happily encrease by the multitude of people resorting thither and may likewise be the more strongly defended from the incursions of Saluages or other enemies Pyrates and Robbers Therefore Wee for Vs Our Heires and Successors doe give and grant by these Presents Power licence and liberty unto all the liege people and subjects both present and future of Vs Our Heires and Successors excepting those who shall be specially forbidden to transport themselues and families unto the said Province with conuenient shipping and fitting provisions and there to settle themselues dwell and inhabite and to build and fortifie Castles Forts and other places of strength for the publike and their owne private defence at the appointment of the said now Lord Baltemore and his heires the Statute of fugitives or any other whatsoever to the contrary of the premises in any wise notwithstanding AND WEE will also and of Our more speciall grace for Vs Our Heires and Successors wee doe straightly enioyne constitute ordaine and command that the said Province shall be of Our Allegiance and that all and singular the Subjects and Liege people of Vs Our Heires and Successors transported or to be transported into the said Province and the children of them and of such as shall descend from them there already borne or hereafter to be borne bee and shall be Denizens and Lieges of Vs Our Heires and Successors of Our Kingdome of England and Ireland and be in all things held treated reputed and esteemed as the liege faithfull people of Vs Our Heires and Successors borne within Our Kingdome of England and likewise any Lands Tenements Revenues Seruices and other hereditaments whatsoever within Our Kingdome of England and other Our Dominions may inherite or otherwise purchase receive take have hold buy and possesse and them may occupy and enjoy give sell aliene and bequeath as likewise all Liberties Franchises and Priviledges of this Our Kingdome of England freely quietly and peaceably have and possesse occupy and enjoy as Our liege people borne or to be borne within Our said Kingdome of England without the let molestation vexation trouble or grievance of Vs Our Heires and Successors any Statute Act Ordinance or Provision to the contrary hereof notwithstanding AND FVRTHERMORE That Our Subjects may be the rather encouraged to undertake this expedition with ready and cheerefull minds KNOW YEE that We of Our speciall grace certaine knowledge and meere motion doe give and grant by vertue of these presents aswell unto the said now Lord Baltemore and his Heires as to all other that shall from time to time repaire unto that province with a purpose to inhabite there or to trade with the Natives of the said Province full licence to Lade and Fraight in any Ports whatsoever of Vs Our Heires and Successors and into the said Province of Maryland by them their servants or assignes to transport all and singular their Goods Wares and Merchandize as likewise all sorts of graine whatsoever and any other things whatsoever necessary for food or clothing not prohibited by the Lawes and Statutes of our Kingdomes and Dominions to bee carried out of the said kingdomes without any lett or molestation of Vs Our Heires or Successors or of any of the officers of Vs Our Heires or Successors saving alwayes to Vs Our Heires and