|
Correspondence of Governor Sharpe. 475
|
|
his Lordship the better to support himself and his Gov-
ernment both in Peace & War. In 1649 an Act passed
restraining " the Lord Proprietary or his Heirs or any Chief
Governor or Governors of this Province shall at any time
make War out the Limits or Precincts of this Province with-
out the Consent and Approbation of the General Assembly
of the Province first had and Obtained, the Freemen of this
Province shall be no ways Obliged or Compelled against their
Consent to Aid or Assist with their Persons or Estates in the
Prosecution or Maintenance of such War any Law Usage or
Custom to the Contrary " And Enacts " that all Charges
arising from time to time by defence of this province shall be
by Assessment upon the Persons & Estates of the Inhabitants."
This Act was Assented to by Caecilius Lord Proprietor in
1750. And this Act is perpetual, subject to no limitation of
time. In 1661 an Act passed " to maintain a War without the
Province and to Aid the Susquehannah Indians against foreign
Indians, Soldiers were raised out of the Counties and the
Charges of the War was by Assessment Per Poll " And it is
Obvious, in the several Acts passed after 1676 & 1670 the
Act of 1649 concerning the Leving War within the Province
Exempts the Proprietary Estate from being Taxed is still in
force: for it is Evident by a Subsequent Act in 1661 the
Indian War the Charge thereof was by Assessment Per Poll
according to the Usual Custom of the Province, and as a
further Confirmation of the Stability of the Act of 1649 an
Act passed, in the same Year of Repeal of the Act of Customs
of Subsides Granted to the Proprietor, by which Act he had
undertook the Charge of Government of War or peace And
altho' the Revolution Act of (King William) a General Re-
pealing Act passed, yet in that Act there is a Proviso or
" Saving to all person or persons whatsoever was is or their
Rights and Benefits which he or they had by the former Acts
of Assembly " is a Salvo of the Act in 1649 which Act was an
Act of Deliberation by the then Legislative Politick Body
Assembled, and by which Act they restrained the Proprietary
Prerogative by Royal Charter granted of Military power which
had been by him only and his Lieutenant Governor exercised
by the Militia of the Province until 1637/8 when he submitted
under Controul of his Provincial Assembly, the Cause of
Duration of the Act of 1649 was upon Consideration of
reciprocal Benefit, the Proprietors Revenues were then and are
now trifling arising either by a Purchase or Rent very Low,
therefore the Consideration of the Act was a Consideration on
mutual Donation, the Act is declarative as all Contracts are
of both parties of the Certainty and Assurance of Enjoying
what they Contracted for (Id Est) the Proprietor shall not
|
Calvert
Papers.
|
|
 |
