the American
colonies. In both kinds the people choose a representative legislative
assembly; but in the one kind they also choose their governor, while
in the other kind the governor is appointed by the crown. We have now
to observe a third kind.
[Sidenote: Counties palatine in England]
[Sidenote: Charter of Maryland]
After the downfall of the two great companies founded in 1606, the
crown had a way of handing over to its friends extensive tracts of
land in America. In 1632 a charter granted by Charles I to Cecilius
Calvert, Lord Baltimore, founded the palatinate colony of Maryland. To
understand the nature of this charter, we must observe that among the
counties of England there were three whose rulers from an early time
were allowed special privileges. Because Cheshire and Durham bordered
upon the hostile countries, Wales and Scotland, and needed to be ever
on the alert, their rulers, the earls of Chester and the bishops of
Durham, were clothed with almost royal powers of command, and similar
powers were afterwards granted through favouritism to the dukes of
Lancaster. The three counties were called counties palatine (i.e.
"palace counties"). Before 1600 the earldom of Chester and the duchy
of Lancaster had been absorbed by the crown, but the bishopric of
Durham remained the type of an almost independent state, and the
colony palatine of Maryland was modelled after it. The charter of
Maryland conferred upon Lord Baltimore the most extensive privileges
ever bestowed by the British crown upon any subject. He was made
absolute lord of the land and water within his boundaries, could erect
towns, cities, and ports, make war or peace, call the whole fighting
population to arms and declare martial law, levy tolls and duties,
establish courts of justice, appoint judges, magistrates, and other
civil officers, execute the laws, and pardon offenders. He could erect
manors, with courts-baron and courts-leet, and confer titles and
dignities, so that they differed from those of England. He could make
laws with the assent of the freemen of the province, and, in cases of
emergency, ordinances not impairing life, limb, or property, without
their assent. He could found churches and chapels, have them
consecrated according to the ecclesiastical laws of England, and
appoint the incumbents.[4] For his territory and these royal powers
Lord Baltimore was to send over to the palace at Windsor a tribute of
two Indian arrows yearly, a
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