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Proceedings of the Council of Maryland, 1687/8-1693
Volume 8, Page 103   View pdf image (33K)
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iii the Years 1689-90. 103

best of these Laws, such as he thought fit, null and voyd by
Proclamacon: Notwithstanding they were assented to in his
Lordshipps name, by the Governor in his absence, and he him-
selfe some time personally acted and governed by the same,
soe that the question in our Courts of Judicature, in any point
that relates to many of our Laws, is not so much the relacon
it has to the said Laws, but whether the Laws themselves be
agreable to the pleasure and approbacon of his Lordshipp.
Whereby our liberty and property is become uncertain and
under the arbitary disposition of the Judge and Commissioners
of our Courts of Justice.
The said Assembly being some time after dissolved by proc-
lamacon another was elected and mett consisting only of two
members for each County, directly opposite to an Act of As-
sembly for four (in which severall laws with his Lordships per-
sonal assent were enacted, among the which one for the
Encouragement of Trade and erecting of Towns, but the
Execucon of that Act was soon after by Proclamacon from his
Lordshipp out of England suspended the last year, and all
officers Military and Civil severely prohibited executing and
inflicting the penaltys of the same. Notwithstanding which
suspension being in effect a dissolution and abrogateing of the
whole Act, the income of three pence per hoggshead to the
government (by the said Act payable for every hogshead of
tobacco exported is carefully exacted & collected. How
fatall and of what pernicious consequence that unlimited and
arbitary pretended authority may be to the Inhabitants, is too
apparent, but by considering that by the same reason all the
use of the laws whereby our liberties and properties subsiste
are subject to the same arbitary disposition, and if timely
remedy be not had must stand or fall according to his Lord-
shipps good will and pleasure.
Nor is this nullyfyeing and suspending power the only
grievance that doth perplex and burthen us in relacon to Laws,
but these laws that are of a certain and unquestioned accep-
tacon are executed and countenanced, as they are more or less
agreable to the good liking of our Govr in particular, one very
good lawe provides that orphan children should be disposed
of to persons of the same religion with that of their dead
parents. In direct opposition to which several children ot prot-
estants have been committed to the tutlage of papists, and
brought up in the Romish Superstition. Wee could instance
in a young woman that has been lately forced by order of
Council from her husband committed to the custody of a
papist, and brought up in his religion.
T'is endless to enumerate the particulars of this nature,
while on the contrary those laws that enhance the grandeur

P. R. O.

Colonial
Papers.



 
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Proceedings of the Council of Maryland, 1687/8-1693
Volume 8, Page 103   View pdf image (33K)   << PREVIOUS  NEXT >>


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