The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-02
THE HAsKIN LETTER
LAND TITLES. W-Ihe Grants to Great Prospietors
By Frederic K J. Haskin.

While there were number Of
great proprietary grants from the
crown of England within the limits
OF the present United States, all but
two were OF such a nature that they
bore little or no fruit and were SUI
perseded before they had come to
have any marked effect on the course
Of land titles in the states in which
they were located.
The proprietaries Of Maryland and
Pennsylvania. however, created land
systems that were merged directly
into the systems of those states and
their continuance was undoubtedly
due to the accompaniment of polit-
ical rights with the mere ownership
Of the soil.
Considerations which moved the
crown Of England to grant such dual
proprietary rights In America seem
to have been of mixed nature.
While the first Of such grants, that
to the Virginia company, was pure
ly commercial in its purview, the
grant to Lord Baltimore, of Mary
land, and to William Penn, of Penn
sylyania, resulted very largely from
personal fayoritism and a desire to
accommodate religious sects pre-
scribed by the great majority OF the
people Of England.
The first Lord Baltimore, who az
Sir George Calvert had. been coun-
sellor to two kings Of England, had
attempted to found colony on tho
Island Of Newfoundland. This failed
on account of the hardships OF the
location and the hostility of tho
French, so Charles cut large can
tie of land out of the former grant
of Virginia to reward his fayorite
and to establish home in the New
World for the Catholics Of England.
The latter purpose would have been
jeopardized IL the political fortunes
Of the colony should remain subject
to the chances of the contest which
Charles was waging with the Prot.
estant Parliament Of England, and
to secure the end in view, recourse
was had to an institution which was
even then long out Of date.
One of the features Of the feudat
system was that of COUNTIES palatine.
These were defined section Of
countries in which the overload had
absolute jurisdiction and was law
maker and dispenser of justice in
his own person and not as q medium
between the people and the king.
In order to secure independence
from parliamental interference, for
the Catholics in Maryland, the fiction
was adopted that Maryland was land
|appurtenant to the kings castle of
Windsor in the county OF Berks in
England. II was declared to be en-
tirely separated and set off from Vir-
ginia and to be constituted a county
palatine over which the proprietary,
Lord Baltimore, should have as COM
plete control as that vested in the
over-lord of the County Palatine OF
Durham. one Of the last existing sim
liar division. of England which had
probably escaped change because 1t
had become the property of the
church and was administered as the
Bishopric of Durham. In order to
prevent any question as to the appli-
cation of restrictive statutes, 1t was
further provided that Lord Baltimore
should have not only the rights then
enjoyed by Lord Palatine, but that
he should have all the rights. at
tributes and privileges that such an
official ever had possessed or enjoy
cd.
George Calvert died before the
patent was completed and the pro-
prietorship fell to his son and heir,
Cecilius Calvert and all the land IT,
ties in Maryland prior to the Ameri-
can revolution are derived from the
persons of this proprietor and his
heirs.
It was the idea of the Calverts as
much as possible OF the actual own
ership of the land in Maryland and
to part with their proprietary rights
only in such degree as might be nee
essary to secure the development OF
the colony. While they issued ad-
yertisements offering liberal terms
to adventures and had definite sys-
TEN of land disposition, strict orders
were given to those who governed for
! the proprietors that manors were to
be reserved from sale wherever the
location Of settlers gave promise OF
future increased values.
It was the intention to transplant
the immortal system from Englanq
and to create class Of lords of the
manor who should receive large rev
enues from sub-letting their grants
to tenants. over whom they would
have control as proprietors and as
magistrates, being vested with the
privilege of holding court for the
regulation of matters arising within
the limits of their manors.
BY granting proportionate num-
Der Of such manors. the Calverts an.
\ ticipated that the whole body OF
LAND within the state would become
more valuable from the improve.
ments made by actual settlers, and
that the manors reserved to the
proprietary would SO increase IL