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Liberty and the Terms of the Act as Generall as can be. If the
Statute of the 5th of Elizabeth about Servants were to Extend
to the Plantations, it would be Destructive to the very being
and Constitution of them The same may be Observed of the
Statutes of Usury, and that to prevent frauds and perjurys
and many others, which have been Expressly & often held not
to Extend to the Plantations when doubted either in the
Courts of Law or before the King in Councill and yet these
are Generall Laws of equal Obligation with any other Law
or Statute whatever.
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U. H. J.
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I Think it needless to mention any other Cases unless it be
that of Blankard and Galdy and little thought to find a
position Introduced with that Solemnity, to be only the saying
of a Single Councell, on one Side the Question, in opposition
to the Averment of the Councell on the other side; and Con-
trary to the Resolution of the Judges in that very Case viz.
That Jamaica was not Bound by our Laws unless particu-
larly mentioned therein, But by their own particular Laws
and Customs.
The full Power I have with the Advice Assent and Appro-
bation of the ffreemen of the Province, or their Delegates
to Enact any Laws whatever appertaining either to the Pub-
lick State of the Province, or the private Utility of particular
Persons so they be Agreeable to Reason and not Repugnant
or Contrary, But as near as Conveniently may be Agreeable to
the Laws, Statutes Customs and Rights of England, as is
most fully set forth in my Charter has put in our hands such
Ample power of making Laws proper for our Infant Con-
dition, and different Tenures of Maryland, that you will find
it, I Believe your Happiness if the Statutes of England not
Expressly located thither, are not in the Gross in force
amongst you: and that your Resolutions have not force till
Enacted into Laws of your own making with my Assent How-
ever Precarious you Gentlemen, who are fond of the Expres-
sion may Esteem your Condition; Tis the Condition I think I
may use the Expression, tis the Happy Condition the Crown
by my Charter has thought fit to Place you under and you by
your Residence in Maryland ought quietly to submit to. Your
Predecessors have been thus fortunately Govern'd and flour-
ish'd and I trust that your Successors will have no Cause to
Complain.
Gentlemen of the Upper and Lower Houses
I cannot but observe to you at this time what his most
Gracious Majtie has been pleased to do in relation to the
English Statutes taking place in the plantations in a particular
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p. 5
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