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
The "governing" clauses only are given,—for comparison with corresponding parts of the Maryland and Avalon grants.
a. Grant of Charles I to Edmund Plowden, Earl Palatine of Albion, of the Province of New Albion in America
Hazard's State Papers (Washington, 1792), I, 162 ff. New Albion was to lie north of Maryland. No settlement was effected.
... And forasmuch, as We have above made and ordained the before-named Edmund Plowden, Knight, true lord and proprietor of all the province aforesaid. Therefore further know ye, that We, for Us, our heirs, and successours, to the same Edmund, (of whose fidelity, prudence, justice and providence, and circumspection of mind, we have full confidence) and to his heirs, for the good and happy government of the said province, [grant power to make, ordain, and establish] whatsoever laws, whether concerning the public estate of the same province, or the private utility of individuals, according to their wise discretions, and with the council, approbation, and assents of the free tenants of the same province, or the major part of them who shall be called together by the aforesaid Edmund Plowden, and his heirs, to make laws when, and as often as there shall be occasion, in such form as to him or them shall seem best. ... And because, in so large a province it may often happen, that there will be a necessity to provide a remedy in a number of cases, before the free tenants of the said province can be assembled to make laws, nor will it be proper to delay in a case of emergency, until so many people can be called together. Therefore, for the better government of the said province, we will, and ordain, and by these presents, for Us, our heirs, and successors, grant unto the before-named Edmund Plowden, and to his heirs, that the aforesaid Edmund Plowden, and his heirs, by themselves, or by magistrates and officers in that behalf, to be duly constituted as aforesaid, fit and wholesome ordinations from time to time, shall and may be able to make and constitute, to be kept and preferred within the province aforesaid, as well for keeping the peace as for the better government of the people there living or inhabiting, and to give public notice of them to all persons whom the same doth or may concern; which said ordinations We will, shall be inviolably observed within the said province, under the penalties in the same expressed. So that the same ordinances be consonant to reason, and be not repugnant nor contrary, but as much agreeable as may be to the laws, statutes, and rights of our kingdoms of England and Ireland. And so as that the same ordinances do not extend themselves to the right or interest of any person or persons, of, or in free tenements, or the taking, distraining, binding, or charging any of their goods or chattles....
b. Grant of Charles I to Sir Ferdinando Gorges for the Province of Maine, 1639
Hazard's State Papers (1792), I, 442-455.
The members of the Plymouth Council surrendered the charter of 1620 back to the King in 1634, having first divided the territory among themselves. The King confirmed Gorges' allotment ("The Province of Maine") and gave him the usual proprietary jurisdiction in a lengthy charter (April 3/13, 1639), from which come the following clauses.
... And wee doe for us, our heirs and successors, give and graunte unto the saide Sir Ferdinando Gorges, his heirs and assignes, power and authoritie, with the assent of the greater parte of the freeholders of the said Province and premisses for the time being, when there shalbe any to be called therunto from time to time, when and as often as shall be requisite, to make and ordeyne and publish lawes, ordinances and constitucons, reasonable, and not repugnant and contrary, but agreable as nere as conveniently may bee, to the lawes of England, for the publique good of the said Province and premisses, and of the inhabitants thereof, by imposing of penalties, imprisonment or other corections, or, if the offence shall requier, by taking away of life or member; the said lawes and constitucons to extend aswell to such as shalbe passing unto or returning from the said Province or premisses as unto the inhabitants or residents of or within the same, and the same to be put into execucon by the said Sir Ferdinando Gorges, his heirs or assignes, or by his or there depputies, liftenants, judges, officers or ministers in that behalfe, lawfully authorized; and the same lawes ordinances and constitucons, or any of them, to alter, change, and revoke, or to make voide and to make new, not repugnant nor contrary, but agreable as nere as may bee, to the lawes of England, as the said Sir Ferdinando Gorges his heires and assignes, together with the said freeholders, or the greater part of them for the time being, shall from time to time thinke fitt and convenient:...