Ch. 3.3. Primary Source: Charter to Lord Baltimore, for Maryland, King Charles I, 1632
This charter was the earliest of the second main type of colonial charter, those granted to individual “proprietors,” who became the overlords of vast stretches of land through these acts that closely resembled feudal land grants. The proprietors were usually royal family members, favorites, or other wealthy men with connections at the royal court. Yet, because they lacked the means to directly oversee the settlement of the land themselves, their powers were ultimately more like those of a governor, who still depended on settlers to actually exploit the land and generate revenues.
[1] [Lord Baltimore’s Request:] Whereas our beloved subject Caecilius Calvert, Baron of Baltimore, in our Kingdom of Ireland…, being animated with zeal for extending the Christian Religion and also the territories of our empire, hath sought leave of us that he may transport, by his own industry, and expense, a numerous colony of the English nation, to a certain region hitherto uncultivated in the America, and partly occupied by savages having no knowledge of the Divine Being, and that all that region may be given to him and his heirs.
[2] [Boundaries:] We have granted to the aforesaid Caecilius all that part of the peninsula between the Ocean on the East and the Bay of Chesapeake on the West, divided from the residue thereof by a right line drawn from the promontory, or head-land, called Watkin’s Point…, which lies under the 40th degree of north latitude, where New England is terminated. And all that tract of land within the metes underwritten.
[3] [Terms of Tenure & Name:] And we constitute the Baron of Baltimore and his heirs the true and absolute Lords and Proprietaries of the region aforesaid, saving always the faith and allegiance due to us, to hold as of our Castle of Windsor, in free and common soccage, by fealty only for all services, and not in capite, nor by knights’ service, yielding to us two Indian arrows of these parts, to be delivered at the said Castle of Windsor every year, on Easter Tuesday; and also the fifth part of all gold and silver ore to be found. We have thought fit that the said region and islands be erected into a Province, and nominate the same “Maryland.”
[4] [Legislation:] We grant to the said Baron and to his heirs free, full, and absolute power to enact laws, of what kind soever, with the advice, assent, and approbation of the freemen of the same province, or the greater part of them, or of their delegates or deputies, whom shall be called together for the framing of laws, when, and as often as need shall require by the aforesaid Baron of Baltimore and his heirs. So, nevertheless, that the laws aforesaid be consonant to reason, and be not repugnant or contrary, but so far as conveniently may be agreeable to, the laws, statutes, customs, and rights of this Our Kingdom of England.
[5] [English Liberties:] We will and command that all our subjects and liege-men transplanted or hereafter to be transplanted into the province aforesaid and their descendants, shall in all things shall be held, treated, reputed, and esteemed as our faithful liege-men born within our Kingdom of England, and likewise all privileges, franchises and liberties of this our Kingdom of England, freely, quietly, and peaceably to have and possess, in the same manner as our liege-men born within our said Kingdom of England.
[6] [Military Command:] Because in so remote a region, placed among so many barbarous nations, the incursions of the barbarians and other enemies, pirates and ravagers, probably will be feared, therefore: We have given as full and unrestrained power, as any Captain-General of an army ever has had, to the aforesaid Baron of Baltimore, to array all men in the said province of Maryland, to wage war.
[7] [Martial Law:] We also give unto the aforesaid Baron of Baltimore and his heirs authority, that, in case of rebellion, sudden tumult, or sedition, they may exercise martial law as freely as any Captain-General of an army, against the seditious, [who may be] withdrawing 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.
[8] [Land Grants:] We grant that the aforesaid Baron of Baltimore and his heirs may assign, alien, grant, demise, or enfeoff [grant in fief] parts and parcels of the premises, to any person or persons willing to purchase the same, to have and to hold in fee-simple, or fee-tail, or for term of life, lives or years; to hold of the aforesaid Baron of Baltimore by so such services, customs and rents as shall seem agreeable.
[9] [Exemption from Royal Taxes on Colonial Property:] We 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.