George Calvert's Avalon charter reflected not only
these feudal ideas for New World settlement but his evi-
dent search for actual historical models that could sup-
ply a firm precedent. He found his best example in the
palatinate of the fourteenth- and fifteenth-century bish-
ops of Durham. Before Henry VIII reduced the jurisdic-
tion of the bishops of Durham, they exercised powers
broader than those of other feudal nobles by virtue of
their position on England's border with the hostile
Scots. The Avalon charter, written for the ruler of a
more distant frontier with parallel needs for in-
dependence, granted its proprietor all the privileges and
jurisdictions that the bishops of Durham had ever en-
joyed. In this way Calvert built into the charter itself the
historical and legal precedent for the princely powers it
granted. The intention behind this ingenious clause was
to forestall objection to the grant of powers that in
many respects only the king could exercise in contem-
porary England. Most subsequent authors of proprie-
tary charters adopted the Avalon model.¹¹

   The Avalon and Maryland charters were basically
similar, except for the territories encompassed.¹² The
proprietor owed allegiance to the king but otherwise his
powers were regal. To defend his province he could raise
an army and prosecute war, build and maintain forts,
and institute martial law in the face of rebellion. To pro-
mote trade and prosperity he could incorporate towns,
erect ports, and impose duties. He and his settlers were
to be exempt from taxes imposed from England. He
could establish courts in his own name, issue pardons,
and appoint magistrates and other officials necessary to
maintain order and run a government, and his courts
could pass sentence of death. Furthermore, he could
issue ordinances, provided they were not repugnant to

                      [xiv]