ose
documents in English, but _unaccompanied by the original Latin_. Thus,
we have no means of judging the _accuracy of the translation_, or
_identity of language_ in the Maryland and Virginia instruments.
Adopting, however, for the present, the translation given by Henning, we
find no coincidence of phraseology either to justify the suspicion of a
mere copy, or to subject our charter to the _limitations_ contained in
the Virginia patents. Disabilities are to be construed strictly in law,
and our charter is not to be interpreted by another, but stands on its
own, independent, context and manifest signification.
The first Virginia Charter or Patent was issued to Sir Thomas Gates and
others, April 10th, 1606, in the 4th year of James's English reign.
Among the "Articles, Orders, Instructions," &c., set down for Virginia,
20th Nov., 1606,--(though nothing is said about restrictions in
religion, while the preamble commends the noble work of propagating the
Christian religion among infidel savages,)--is the following
clause:--"And we doe specallie ordaine, charge, and require the
presidents and councills," (of the two Colonies of Virginia,)
"respectively, within their severall limits and precincts, that they
with all diligence, care and respect, doe provide, that the _true word
and service of God and Christian faith_, be preached, planted and used,
not only within every of the said severall colonies and plantations, but
alsoe, as much as they may, among the salvage people which doe or shall
adjoine unto them, or border upon them, _according to the_ DOCTRINE,
RIGHTS, _and_ RELIGION, _now professed and established within our realme
of England_."--_1st Henning_, 69.
The second charter or patent, dated 23d May, 1609, 7th "James I," was
issued to the Treasurer and Company for Virginia, and in its XXIX
section, declares: "And lastly, because the principal effect, which we
can desire or expect of this action, is the conversion and reduction of
the people in those parts unto the _Worship of God and Christian
religion, in which respect we should be loath, that any person be
permitted to pass, that we suspected to affect the superstitions of the
Church of Rome_; we do hereby declare that it is our will and pleasure
that none be permitted to pass in any voyage, from time to time, to be
made unto the said country, but such as shall first have taken the Oath
of Supremacy;" &c., &c.--_1st Henning_, 97.
The third Charter of James the
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