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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

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.


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