Note Note 10, page 235 — BOOK III. CENTRIFUGAL FORCES IN COLONY-PLANTING.

The charter of Maryland. The Maryland charter was no doubt the work of George Calvert's own hand. Its main provisions are identical with those of Avalon; but it put the proprietary in a still better position. He held Avalon by knight's service, Maryland in free and common soccage, and the holdings of Maryland settlers would be under the proprietary, not under the crown. In fact, the crown retained practically no rights of value in Maryland beyond the bare allegiance of the settlers. Larger privileges of trade were conceded to Maryland than had been given to Avalon. In one respect the liberties of the future settlers were apparently better guarded in the Maryland charter, for there is a faint promise of a representative government in its phraseology. But even this was not definitely assured. In a single regard the charter of Maryland appears less favorable to the Catholic religion than its predecessors. Historic specialists with a religious bias, doing their small best to render the current of history turbid, have not failed to convince themselves by means of the new clause that Maryland was a Protestant colony. The patronage and advowsons of all churches had been conferred on the proprietary in the Avalon charter, and a like concession is made in the Maryland grant; but to this, in the Maryland charter, is attached a sort of "lean-to"—a qualifying clause that appears to limit the ecclesiastical organization of the colony to Anglican forms. "Together with license and power," runs the charter, "to build and found Churches, Chapels and Oratories in convenient and fit places within the premises, and to cause them to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of England." Note 10. In 1632 the Baltimore family was openly Catholic. The Puritans were raging against every indulgence shown by the court to Romanists. The clamor of the Catholic-baiters did not stop with a demand that Romanists should be expelled from England. Rushworth, Part I, vol. i, 141, 1623. The Commons had a few years earlier petitioned the King that they be excluded from "all other Your Highness's dominions." The founding of an English colony that might make a home for English and Irish Romanists was a more difficult project in the reign of Charles than it had been in the time of James when Avalon was granted. The clause which allowed Baltimore to dedicate his churches according to the ecclesiastical laws of England excites admiration. Note 11. It graciously permitted an Anglican establishment in Maryland; it did not oblige Baltimore to do anything at all, nor did it, in fact, put any constraint whatever on his actions in this regard. The impotent clause which seemed to limit, but did not limit, the ecclesiastical organization was breathlessly followed by one far from impotent—a masterpiece of George Calvert's skill. It gave to the proprietary the legal power exercised from ancient times by the Bishops of Durham as counts-palatine. The regalities of Durham having been pared down by Henry VIII, the charter somewhat furtively reached back after the local absolutism of the middle ages by giving Baltimore all the temporal power ever possessed by any Bishop of Durham. Note 12. But if alarm should be taken at the giving of powers so vast to a Roman Catholic subject, there might be reassurance for timid souls in a clause in imitation of older charters than Calvert's, which stipulated that no interpretation should be put upon the charter by which God's holy and true Christian religion might be prejudiced. Ambiguity spread from the charter to some of the early Maryland laws, which wore a Protestant or a Catholic face according to the side from which they were approached.