The sections of the two documents correspond up to XVIII. Sections
XVIII and XIX of the Maryland Charter (relating to subinfeudation
and manorial courts) are not found in the earlier document.
Sections XVIII-XX of the Avalon Charter correspond to XX-XXII of
the Maryland patent.
Other changes, aside from names, etc., are:
1.--(Section IV.) In the granting of advowsons and other
ecclesiastical powers, there is no reference in the Avalon Charter
to the "ecclesiastical laws of the kingdom of England." This phrase
is added in the Maryland Charter, since Baltimore has now (1624)
been converted to Catholicism, _probably_ as a safeguard.
2.--Baltimore's tenure in Avalon (# 5) is to be "_in Capite, by
Knight's Service_" [not so, but in free socage, in Maryland],
"yielding therefor ... a white horse, so often as we or our
successors shall come into the said region," together with the
usual "fifth part of gold and silver ore."
3.--The Avalon Charter does not refer directly to _representative_
government. The authorization to Baltimore to publish laws
runs,--"with the advice, assent, and approbation of the Freeholders
of the said Province, or the greater part of them," while the
Maryland Charter says the assent of "the _Free Men_ of the said
Province, or the greater part of them, _or their delegates, or
deputies_"; but the earlier like the later charter leaves it to the
proprietor to assemble the people "in such form as to him shall
seem best," and this probably looked to a representative gathering.
4.--(XVII.) The Avalon Charter does not _mention_ the participation
of the popular assembly in granting taxes. Given such an assembly,
however, and the renunciation by the English government (Section
XVIII) of that power, then the possession of the power by the
Assembly would inevitably follow. In the Maryland Charter it is
_expressed_.
=The Avalon Charter then, is the first _royal_ patent to give to
settlers in America _political rights_=, in addition to the private
common-law privileges. It is followed (as to sections VII and VIII)
_in exact detail_ by the Heath Charter for Carolina (1629), the
Baltimore Charter (1632), and the Plowden Charter for New Albion
(1634).[27]
Of the four grants just mentioned, that of Maryland in 1632 was the
only one under which a successful colony was established, but the
others help to show that that document was no prodigy. The student
may like to notice here one of the rare slips of Dr. Channing
(_History of the United States_, I, 245), when he ascribes the
likeness between the charters of 1629, 1632, and 1634 to Sir Robert
Heath's influence in that of 1629, instead of to the earlier Avalon
Charter of 1623.
39. Excursus: Charters for New Albion and Maine
Public-domain text, read in full here on John Shaqi.
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