en concord between the
crown and its servant, as to the policy, if not the justice, of the
toryism they both professed. But let us not judge that century by the
standards of this. That would be writing history from a false point. Let
us not condemn rulers who seem to be despotic in historic periods of
transition--in periods of mutual intolerance and distrust--in periods
when men know nothing, from practical experience, of the capacity of
mankind for self government.[8]
The charter which Sir George Calvert framed, and the successor of James
granted, was precisely the one we might justly suppose such a subject,
and such a sovereign would prepare and sign. It invested the Lord
Proprietary with all the royal rights, enjoyed by the Bishop of Durham,
within the County Palatine of Durham. He was the source of justice. He
was the fountain of honor, and allowed to decorate meritorious
provincials with whatever titles and dignities he should appoint. He had
the power to establish feudalism and all its incidents. He was not
merely the founder and filler of office, but he was also the sole
executive. He might erect towns, boroughs and cities;--he might pardon
offences and command the forces. As ecclesiastical head of the Province,
he had the right to found churches, and was entitled to their
advowsons.[9] In certain cases he had the dangerous privilege of issuing
ordinances, which were to have the force of sovereign decrees. In fact,
allegiance to England, was alone preserved, and the Lord Proprietary
became an autocrat, with but two limitations: 1st, the laws were to be
enacted by the Proprietary, with the advice and approbation of the free
men, or free-holders or their deputies,--the "_liberi homines_" and
"_liberi tenentes_," spoken of in the charter;--and 2nd, "no
interpretation" of the charter was "to be made whereby God's Holy Rights
and the true Christian Religion, _or_ the allegiance due to us," (the
King of England,) "our heirs and successors, may, in any wise, suffer by
change, prejudice or diminution." Christianity and the King--I blush to
unite such discordant names--were protected in equal co-partnership.[10]
The first of these reserved privileges of the people, the Lord
Proprietary Cecilius understood, to mean, that _he_ had the exclusive
privilege of proposing laws, and that the free-men, or free-holders of
his province, could only accept or reject his propositions. These laws
of the province were not to be submit
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