The Lower House. 673

afs^d the value thereof to be adjudged by the Co^t where and
when the offender shall be convicted as afs^d any Law Statute
or useage to the Contrary notwithstanding Provided alwaise
that all Convictions as af s^d be upon and by a verdict of Twelve
Lawfull Men of the vicinity or neighbourhood or Otherwise
Nevertheless Provided that when any person or persons
whatsoever shall at any time hereafter hapen to be accused or
Convicted as af s^d of any of the Crimes aforesaid in any of the
County Co^ts af s^d to the value of not above one thousand pounds
of Tob^o and shall afterwards hapen to Committ the Like
Crime to th^t value The Justices of the severall County Courts
shall have power to hold plea of the second offence but if the
party shall happen the third time to Comitt the like Crime then

L. H. J.

the Justices of the sev^ll Co^ty Courts shall not have Power to
hold plea thereof but shall Comitt the said party accused to
Prison till he find bayle if by Law baylable to answer his
Crime att the provinciall Court of this province who are to
proceed ag^t such Criminall according to the Law of England
and the Justices of the said County Courts are to bind over
the partys Prosecutors to prosecute att the said Provinciall
Court and to Send a Transcript of the Record of the first and
second Convictions of the said Criminalls under the Scale of
the said County Court to the End the Justices of the Provin-
ciall Court may apportion such punishment as the Third
offence of such person Criminal shall Justly deserve and the
Law will allow of Provided also that the Justices of the County
Courts altho they have power to put offenders into the Pilory
as aforesaid yet they shall not have power to Cropp their Ears
or Mutilate any Member

3 Commissions
A Commission Granted from the Lord Prop^ry to his bro^th
Leonard Calvert Esq^r Then Governour of Maryland Dated

p. 100

the Eleventh of Aug^t 1638 part whereof is Entered in the
words following viz.

Dear Brother.
I Do hereby give you full power and Authority from time
to time in Every Gen^ll Assembly summoned by you in the
province of Maryland in my name to give assent unto such
Laws as you shall think fitt and Necessary for the Good
Government
Provided that the said Laws so to be Assented unto by
you in my name be as near as Conveniently may be agreeable
and not Contrary to the Laws of England

A Commission from the Right Hon^ble Cecilius Late Lord
Prop^ry of this province To Leonard Calvert Esq^r his then

43

p. 101