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Correspondence of Governor Sharpe. 133
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the late Lord " That the Country who first got possession &
set up Marks tho' no regular Colony got the right by Occu-
pation. If then not so, this in Law as great a Deception on
the Crown as any, pretend to involve the King in Warr, can-
not be a greater Deception. Cause of War, selling such a
Country, would be a ground to Repeal by Scire Facias ... so
stands on Grants." This is high Doctrine, seems tinder the
Title of Responsa Prudentum, & from this opinion may be
collected that in a Case of Contract between the Soveraign &
the Subject Nothing shall tend to prejudice the Cause of the
Soveraign. This tho' agreeable to Law under the Title of
Responsa Prudentum, that is to say, the opinions of Lawyers
is not therefore Law, because Responsa Prudentum, But
because Charters are admitt'd by the Soveraign & when there
is a Case of Private Contract bet: the Soveraign & the Sub-
ject, nothing shall Effect the Cause of the King or be allowed
but upon a Supposition that the same was reasonable from the
Beginning.
Thus much by Digression I conjecture to write on the
General Ground of Laws Natural & Politick. I observe in the
Votes & Proceedings of the Lo: House of Assembly the 26th
of Feby last, A Motion by a Member Concerng the 3000 Acres
of Land in Somerset County for the use of the Nanticok
Indians, that them Indians for some time pass have omitt'd to
occupy & have quitt'd the Possession of them Lands. " The
Act in 1704 of those Lands says Sextion Ist "To be held of
the Lord Proprietary & His Heirs at the yearly Rent of one
Bear Skin to be paid to his Lordp & his Heirs. Provided that
it shall be Lawfull for any Person that hath formerly taken up
& Obtain'd Grants from Lord Baltimore upon the Indians
Descertg the said Land to Enter, occupy & Enjoy the same
Sextion the Last says, That it shall not be Lawfull for Lord
Baltimore to ask or have any Rent &c. of the said Tracts or
Devided parts as may have been taken up aforesaid within
the said Indian Boundary until such time the takers up &
owners aforesaid do enjoy or possess the same " An Act in
1723 Section Ist says, of the Nanticoke Indians & their
Descendants shall have hold occupy possess & enjoy Possesion
during such space of time as they shall use & not totally desert
the same accordg to an Act in 1698 Intituled an Act for Ascer-
taing the Bounds of a Certain Tract of Land to the use of the
Nanticoke Indians so Long as they shall occupy & Live upon
the same." By these Acts, if these Indians have left their Tract
of Land, it Reverts to the Lord Proprietor, except such Prior
Grants made out as to Particular parts aforesaid. The motion
of the Member seems obvious, was to take the Govermt un-
guarded & by a New Act to strip the Lord Proprietor of his
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Calvert
Papers.
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