Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/133

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CH. IX.]
MARYLAND.
93
to the crown, with all the rights, regalities, and prerogatives, which the Bishop of Durham enjoyed in that palatinate, to be held of the crown as of Windsor Castle, in the county of Berks, in free and common soccage, and not in capite or by knights' service. The charter further provided, that the proprietary should have authority by and with the consent of the freemen, or their delegates assembled for the purpose, to make all laws for the province, "so that such laws be consonant to reason, and not repugnant, or contrary, but, as far as conveniently might be, agreeable to the laws, statutes, customs, and rights of this our realm of England."[1] The proprietary was also vested with full executive power; and the establishment of courts of justice was provided for. The proprietary was also authorized to levy subsidies with the assent of the people in assembly. The inhabitants and their children were to enjoy all the rights, immunities, and privileges of subjects born in England. The right of the advowsons of the churches, according to the establishment of England, and the right to create manors and courts baron, to confer titles of dignity, to erect ports and other regalities, were expressly given to the proprietary. An exemption of the colonists from all talliages on their goods and estates to be imposed by the crown was expressly covenanted for in perpetuity; an exemption, which had been conferred on other colonies for years only.[2] License was granted to all subjects to transport themselves to the province; and its products were to be imported into England and Ireland under such taxes only, as were paid by other
  1. 1 Haz. Coll. 327, &c.; 1 Chalm. Annals, 202; Marsh. Colon. ch. 2, p. 69.
  2. 1 Chalmers's Annals, 203, 204, 205.