These absolute lords and proprietors were by their charter empowered to enact, and, under their seal, to publish any laws or constitutions they judged proper and necessary to the public state of the province, with the assent, advice and approbation of the freemen of the colony; to constitute counties, baronies and colonies within the province; to erect courts of judicature, and appoint civil judges, magistrates and officers; to erect forts, castles, cities and towns; to make war; to levy, muster and train men to the use of arms, and, in cases of necessity, to exercise the martial law; to confer titles of honour, only they must be different from those conferred on the people of England; to build harbours, make ports, and enjoy customs and subsidies, which they, with the consent of the freemen, should impose on goods loaded and unloaded; reserving the fourth part of the gold and silver ore found within the province to the crown. By the said charter the king granted them the patronage and avowson of all churches and chapels, to hold and exercise the same rights, powers and privileges as the bishop of Durham did in England: but as it might happen that several of the inhabitants could not in their private opinions conform to the exercise of religion, according to the liturgy and ceremonies of the church of England; the proprietors had power and authority granted them, to allow the inhabitants of the province both indulgences and dispensations, as they in their discretion should think proper and reasonable; and no person, to whom such liberty should be granted, was to be molested, punished, or called in question for any differences in speculative opinions with respect to religion; so that all persons, of what denomination soever, had liberty to enjoy their own judgments and consciences in religious concerns, provided they disturbed not the civil order and peace of the province. And as the assembly of freeholders could not be immediately called, the proprietors had power granted them to make such orders and ordinances as might be necessary to the government of the people and the preservation of peace, and as were not repugnant to the laws and statutes of England. Liberty was given to the king's liege subjects to transport themselves and families to settle the province, only they were to remain immediately subject to the crown of England, and to depend thereon for ever; and were not compellable to answer to any cause or suit in any other part of his majesty's dominions but in England and Wales. [Sidenote] Of the foundamental constitutions.