of the said River, and following the same on the West and South, unto a certain Place called Cinquack, situate near the Mouth of the said River, where it disembogues into the aforesaid Bay of Chesapeake, and thence by the shortest Line unto the aforesaid Promontory, or Place, called Watkin's Point; so that the whole Tract of Land, divided by the Line aforesaid, between the Main Ocean, and Watkin's Point, unto the Promontory called CapeCharles, and every the Appendages thereof, may entirely remain excepted for ever to US, our Heirs, and Successors.

IV. Also WE do GRANT . . . unto the said Baron of BALTIMORE . . . all Islands and Islets within the Limits aforesaid, all and singular the Islands and Islets, from the Eastern Shore of the aforesaid Region, towards the East, which have been, or shall be formed in the Sea, situate within Ten marine Leagues from the said.Shore; . . . And further more the PATRONAGES, and ADVOWSONS of all Churches which (with the increasing Worship and Religion of CHRIST) within the said Region . . ., hereafter shall happen to be built, together with Licence and Faculty of erecting and founding Churches, Chapels, and Places of Worship, in convenient and suitable Places, within the Premises, and of causing the same to be dedicated and consecrated according to the Ecclesiastical Laws of our Kingdom of England, with all, and singular such, and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and royal Rights, and temporal Franchises whatsoever, as well by Sea as by Land, within the Region . . . aforesaid, to be had, exercised, used, and enjoyed, as any Bishop of Durham, within the Bishoprick or County Palatine of Durham, in our Kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of Right could, or ought to have, hold, use, or enjoy.

V. And We do by these Presents . . . MAKE, CREATE and CONSTITUTE HIM, the now Baron of BALTIMORE, and his Heirs, the TRUE and ABSOLUTE LORDS and PROPRIETARIES of the Region aforesaid, and of all other the Premises (except the before excepted) saving always the Faith and Allegiance and Sovereign Dominion due to US. . .; TO HOLD of US . . . as of our Castle of Windsor, in our County of Berks, in free and common SOCCAGE, by Fealty only for all Services, and not in capite, nor by Knight's SERVICE, YIELDING therefore unto US . . . two

D

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 shall happen from Time to Time, to be found within the aforesaid limits.

VI. Now, That the aforesaid Region, thus by us granted and described, may be eminently distinguished above all other Regions of that Territory, and decorated with more ample Titles, KNOW YE, that . . . WE do . . . ERECT and INCORPORATE the same into a PROVINCE, and nominate the same MARYLAND. . . .

VII. And forasmuch as WE have above made and ordained the aforesaid now Baron of BALTIMORE, the true LORD and Proprietary of the whole PROVINCE aforesaid, . . . WE . . . do grant unto the said now Baron . . . and to his Heirs, for the good and happy Government of the said PROVINCE, free, full, and absolute Power, by the tenor of these Presents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said PROVINCE, or the private Utility of Individuals, of and with the Advice, Assent, and Approbation of the Free-Men of the same PROVINCE, or of the greater Part of them, or of their Delegates or Deputies, whom WE will shall be called together for the framing of LAWS, when, and as often as Need shall require, by the aforesaid now Baron of BALTIMORE..., and in the Form which shall seem best to him or them, and the same to publish under the Seal of the aforesaid now Baron of BALTIMORE . . . and duly to execute the same upon all Persons, for the Time being, within the aforesaid PROVINCE, and the Limits thereof, or under his or their Government and Power, in Sailing towards MARYLAND, or thence Returning, Outward-bound, either to England, or elsewhere, whether to any other Part of Our, or of any foreign Dominions, wheresoever established, by the Imposition of Fines, Imprisonment, and other Punishment whatsoever; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life . . . 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.

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XVIII. AND FURTHERMORE WE . . . do give. unto the aforesaid now Baron of BALTIMORE ... full and absolute Licence, Power,' and Authority. . . [to] assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premises, to any Person or Persons willing to purchase the same, as they shall think convenient, to have and to hold . . . in Fee-simple, or Fee-tail, or for Term of Life, Lives, or Years; to hold of the aforesaid now Baron of BALTIMORE . . . by . . . such . . . Services, Customs and Rents OF THIS KIND, as to the same now Baron of BALTIMORE ... shall seem fit and agreeable, and not immediately of US.

XIX. WE also . . . do . . . grant Licence to the same Baron of BALTIMORE .. to erect any Parcels of Land within the PROVINCE aforesaid, into Manors, and in every of those Manors, to have and to hold a Court-Baron, and all Things which to a Court-Baron do belong; and to have and to keep View of FrankPledge, for the Conservation of the Peace and better Government of those Parts, by themselves and their Stewards, or by the Lords, for the Time being to be deputed, of other of those Manors when they shall be constituted, and in the same to exercise all Things to the View of Frank-Pledge belonging.

*

that the said PROV

XXI. AND FURTHERMORE WE WILL INCE, and the Freeholders or Inhabitants . . . of the said Colony or Country, shall not henceforth be held or reputed a Member or Part of the Land of Virginia, or of any other Colony already transported, or hereafter to be transported, or be dependent on the same, or subordinate in any kind of Government, from which WE do separate both the said PROVINCE, and Inhabitants thereof, and by these Presents do WILL to be distinct, and that they may be immediately subject to our Crown of England, and dependent on the same for ever.

XXII. [The charter to be construed in favor of Baltimore]: PROVIDED always, that no Interpretation thereof be made, whereby GOD'S holy and true Christian Religion, or the Allegiance due to US..., may in any wise suffer by Change, Prejudice, or Diminution..

No. 9.

Fundamental Orders of Connecticut

January 14/24, 1638/9

THE region of the Connecticut valley, originally included within the grant of 1620 to the Council for New England, became the subject of rival claims on the part of New Netherland, Massachusetts, and Plymouth. A patent for the territory west of the Narragansett River, given in March, 1631/2, by the Earl of Warwick, president of the Council for New England, to Lord Say and Sele, Lord Brook, and others, remained unused until 1635, when John Winthrop, the younger, arrived with a commission as governor, and built a fort at Saybrook, at the mouth of the Connecticut. The Dutch had already built a fort at Hartford, and in 1633 traders from Plymouth had established a post at Windsor. In the meantime, Massachusetts traders had explored the overland route from that colony, and their favorable reports encouraged the plan, already under consideration by inhabitants of Dorchester, Watertown, and Newtown (Cambridge), to remove to a region where greater religious and political freedom, as well as opportunity for material betterment, could be enjoyed. The plan of emigration, defeated in 1634, was approved by Massachusetts the next year, and a commission of government was granted by the General Court. In 1635-1636, settlements were planted at Windsor, Wethersfield, and Hartford. In 1637 the three towns assumed the control of their own affairs, and in January, 1638/9, drew up the constitution known as the Fundamental Orders of Connecticut - - "the first written constitution known to history that created a government."

REFERENCES. Text in Connecticut Colonial Records, I., 20-25. Warwick's patent of 1631, and Winthrop's commission, are in Trumbull's History of Connecticut (ed. 1797), I., 525-528.

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his divyne providence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and uppon the River of Conectecotte and the Lands thereunto adjoyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and union of such a people there should be an orderly and decent Goverment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conjoyne our selves to be as one Publike State or Commonwelth; and doe, for our selves and our Successors and such as shall be adjoyned to us att any tyme hereafter, enter into

Combination and Confederation togather, to mayntayne and presearve the liberty and purity of the gospell of our Lord Jesus which we now professe, as also the disciplyne of the Churches, which, according to the truth of the said gospell is now practised amongst us; As also in our Civell Affaires to be guided and governed according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth :

1. It is Ordered . . . that there shall be yerely two generall Assemblies or Courts, the on [one] the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen . . . soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Governour for the yeare ensueing and untill another be chosen, and noe other Magestrate to be chosen for more than one yeare; provided allwayes there be sixe chosen besids the Governour; which being chosen and sworne according to an Oath recorded for that purpose shall have power to administer justice according to the Lawes here established, and for want thereof according to the rule of the word of God; which choise shall be made by all that are admitted freemen and have taken the Oath of Fidellity, and doe cohabitte within this Jurisdiction, (having beene admitted Inhabitants by the major part of the Towne wherein they live,) or the mayor parte of such as shall be then present.

3. It is Ordered . . . that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Magestracy which was not propownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawful for ech of the Townes aforesaid by their deputyes to nominate any two whom they conceave fitte to be put to Election; and the Courte may ad so many more as they judge requisitt.

4. It is Ordered . . . that noe person be chosen Governor above once in two yeares, and that the Governor be alwayes a member of some approved congregation, and formerly of the Magestracy within this Jurisdiction; and all the Magestrats Freemen of this Commonwelth: and that no Magestrate or other publike officer shall execute any parte of his or their Office before they are severally sworne.