common law rules of decents were adhered to in its policy with singular zeal down to the year 1770, as necessary to prevent the destruction of family estates, while the neighbouring colonies adopted a rule, dividing the inheritance among all the children.1 § 102. One of the most memorable circumstances in the history of New-England is the early formation and establishment of a confederation of the colonies for amity, offence, and defence, and mutual advice and assistance. The project was agitated as early as 1637; but difficulties having occurred, the articles of union were not finally adopted until 1643.2 In the month of May of that year the colonies of Massachusetts, Connecticut, New-Haven, and Plymouth formed a confederacy by the name of the United Colonies of NewEngland, and entered into a perpetual league of friendship and amity for offence and defence and mutual advice and succour. The charges of all wars, offensive and defensive, were to be borne in common and according to an apportionment provided for in the articles; and in case of invasion of any colony the others were to furnish a certain proportion of armed men for its assistance. Commissioners appointed by each colony were to meet and determine all affairs of war and peace, leagues, aids, charges, &c. and to frame and establish agreements and orders for other general interests. This union, so important and necessary for mutual defence and assistance during the troubles, which then agitated the parent country, was not objected to by King Charles the Second on his restoration; 1 Gardner v. Collins, 2 Peters's Sup. Rep. 58. 21 Holmes's Annals, 269, 270; 1 Winthrop's Jour. 237, 284. 32 Haz. Coll. 1 to 6; 2 Winthrop's Jour. 101 to 106; 1 Hutch. Hist. 124, 126. and with some few alterations it subsisted down to 1686, when all the charters were prostrated by the authority of King James.1 Rhode Island made application to be admitted into this Union; but was refused upon the ground, that the territory was within the limits of Plymouth colony. It does not appear that subsequently the colony became a party to it.2 1 1 Holmes's Annals, 270 and note; 1 Hutch. Hist. 126 note; 2 Haz. Coll. 7 et seq. 21 Holmes's Annals, 287 and note; 1 Hutch. Hist. 124; 2 Haz. Coll. 99, 100. CHAPTER IX. MARYLAND. § 103. THE province of Maryland was included originally in the patent of the Southern or Virginia company; and upon the dissolution of that company it reverted to the crown. King Charles the First, on the 20th June, 1632, granted it by patent to Cecilius Calvert Lord Baltimore, the son of George Calvert Lord Baltimore, to whom the patent was intended to have been made, but he died before it was executed. By the charter, the king erected it into a province, and gave it the name of Maryland, in honour of his Queen, Henrietta Maria, the daughter of Henry the Fourth of France, to be held of the crown of England, he yearly, for ever, rendering two Indian arrows. The territory was bounded by a right line drawn from Watkins's Point, on Chesapeake bay, to the ocean on the east, thence to that part of the estuary of Delaware on the north, which lieth under the 40th degree, where New-England is terminated; thence in a right line by the degree aforesaid to the meridian of the fountain of Potomac ; thence following its course by the further bank to its confluence with the Chesapeake, and thence to Watkins's Point.2 § 104. The territory thus severed from Virginia, was made immediately subject to the crown, and was granted in full and absolute propriety to Lord Baltimore and his heirs, saving the allegiance and sovereign dominion 11 Holmes's Ann. 213; 1 Chalm. Annals, 201, 202; Bacon's Laws of Maryland, (1765); 2 Doug. Summ. 353, &c. 2 1 Haz. Coll. 327 to 337; 1 Chalm. Annals, 202; Charters of N. A. Provinces, 4to, London, 1766. to the crown, with all the rights, regalities, and prerogatives, which the Bishop of Durham enjoyed in that palatinate, to be held of the crown as of Windsor Castle, in the county of Berks, in free and common soccage, and not in capite or by knights' service. The charter further provided, that the proprietary should have authority by and with the consent of the freemen, or their delegates assembled for the purpose, to make all laws for the province, "so that such laws be consonant to reason, and not repugnant or contrary, but, as far as conveniently might be, agreeable to the laws, statutes, customs, and rights of this our realm of England." 1 The proprietary was also vested with full executive power; and the establishment of courts of justice was provided for. The proprietary was also authorized to levy subsidies with the assent of the people in assembly. The inhabitants and their children were to enjoy all the rights, immunities, and privileges of subjects born in England. The right of the advowsons of the churches, according to the establishment of England, and the right to create manors and courts baron, to confer titles of dignity, to erect ports and other regalities, were expressly given to the proprietary. An exemption of the colonists from all talliages on their goods and estates to be imposed by the crown was expressly covenanted for in perpetuity; an exemption, which had been conferred on other colonies for years only. License was granted to all subjects to transport themselves to the province; and its products were to be imported into England and Ireland under such taxes only, as were paid by other 1 1 Haz. Coll. 327, &c.; 1 Chalm. Annals, 202; Marsh. Colon. ch. 2, p. 69. 2 1 Chalmers's Annals, 203, 204, 205. subjects. And the usual powers in other charters to repel invasions, to suppress rebellions, &c. were also conferred on the proprietary. 1 § 105. Such is the substance of the patent. And Chalmers has with some pride asserted, that "Maryland has always enjoyed the unrivalled honour of being the first colony, which was erected into a province of the English empire, and governed regularly by laws enacted in a provincial legislature." It is also observable, that there is no clause in the patent, which required any transmission of the province laws to the king, or providing for his approbation or assent. Under this charter Maryland continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietary.2 § 106. The first emigration made under the auspices of Lord Baltimore was in November, 1632, and consisted of about 200 gentlemen of considerable fortune and rank, and their adherents, being chiefly Roman Catholics. "He laid the foundation of this province, (says Chalmers,3) upon the broad basis of security to property, and of freedom of religion, granting in absolute fee fifty acres of land to every emigrant; establishing Christianity agreeably to the old common law, of which it is a part, without allowing preeminence to any particular sect. The wisdom of his choice soon converted a dreary wilderness into a prosperous colony." It is certainly very honourable to the liberality and public spirit of the proprietary, that he should have introduced into his fundamental policy the doctrine of general 1 1 Chalmers's Annals, 200. 2 1 Chalmers's Annals, 203. |