Correspondence of Gov. Horatio Sharpe, 1754-1765. 557
The Instn of the Lord Proprietor Assent to the several
Acts of Assembly, you will observe, The Act, for the Relief
of Creditors in England against Bankrupts who have im-
ported Goods into the Province not accounted for that Act is
not included by his Lordship among his List of Acts assented
to by Him, Why? because, he is not clear in opinion, but
that the Traders here may have objection as not apprised of
that Act, if no objection arises, the Act as Enacted has its
force, if objection is, he thinks it right Policy to reserve to
himself his Assent or Dissent. I observe the Legislature
deals forth Acts, Indifinite and Perpetual, very positive
words; such Laws ought to be pure as Gold; by human, I
fear scarce any such Laws are, therefore, much Care about
such words should be as they are Periods, all Plants are
improved by Pruning.
'I cannot at present relate about his Lordships points to
you, concerning the ordinary Licenses &c. that matter laying
before Mr Yorke, esteemed the Chiefest Counsel at Law,
his Eminency causes so much resort to him 'tis longer his
Opinion issues, the Matter he had the beginning of Decr last.
I expect daily his opinion, from thence his Lordship will
found his Resolutions on the Subject matter of Ordinary
Licences, and as no Ship is yet for the Province, I am in
hopes it will be inclosed in this Packet for you.
Tis Surprise! the Lo. H. attempts upon the Proprietors
rights, sans complaisance, without any remonstrance to him
to offer to pass a Bill on his rights and for his signature,
very familiar, to an Object of high rank and authority. I
observe an Observation is mark'd "He who hath a right to
any thing is intitled to a remedy to recover it, if with held,
Legal right, and Legal Remedy being convertible Terms." if
institutes of our Laws report right, the Common Law and
the Crown Law are not two different Laws; though almost
in every case the Law for the King is not Law for the Sub-
ject. The King has his Prerogative in all things that are
not injurious to his Subjects, and under which head his
Royal Charter hath claim and support, the Law as to
Property and suites I am not Lawyer to determine, but this
seems, that the side observed against has Claim, the other
side cannot have any claim but by an Express Law the late
Lord had 1000£ of Tobacco for Licence of Ordinary in
Maryland and 500£ of Tobacco for Licences in the Country,
witht retrospect back to Cecilius Lord Baltimore, who if I am
informed right, had two thousand Pound weight of Tobacco
as Licences for Ordinaries, suppose the Penalties are ac-
quiesced to as offer'd and expected.
|
![clear space](../../../images/clear.gif) |