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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 300   View pdf image (33K)
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300 Assembly Proceedings, October 6-November 6, 1725.

L. H. J.

have dissented thereto. I know what 1 part with by that Act,
as well as what I receive from it yet am Contested with it since
for the Common Good I have allow'd it, and hope I shall not be
drove by the mistaken Good husbandry of some to look into
my own Interest as to shew them their mistake for fear of
hurting Others whom they Represent, The Good people of
Maryland whose Wellfare and Interest I have so much at
heart
[C. B.]

And afterwards his Honour the Governour [was pleased
to] Express himself in the following words Viz:

Gentlemen of both Houses of Assembly
I am heartily Sorry his Lpps Speech did not come to my
hands Sooner, because I am perswaded, it must have pre-
vented all those disputes about the Statutes of England, and
the Great Expence those Disputes have Cost the Country.
It is very Certain that many of those Statutes [not] re-
strain'd by words of Locall Limitation, would be prejudicial
were they to take place here, some of which his Lpp has Men-
tioned; on the other hand many of those Generall Statutes
would be of great use and benefit to us. The Question is how
we shall make use of those that are proper for us, and Reject

p. 197

such as are Inconvenient; It may be said .the Judges of the
Severall Courts are to distinguish such Statutes as are proper,
and such as are otherwise, and Judge accordingly. This
indeed has been the practice since the Settling of the province,
and this method has been Generally approved, till lately it was
propos'd, the Judges hands should be ty'd by an oath to
Judge according to the Statutes of England without any
Exception, so that if any Gentleman practitioner of the Law
finds it for the benefit of his Client (to whose interest he is
sworn) to plead any Statute, tho' never so inconsistent with
the conveniency of the Countrey, he may demand Judgmt
from the Judge according to the oath proposed to be taken ;
of what benefit is our Charter, which gives us Liberty to
Enact such Laws, as are Convenient for the Country if we
must be tyed down by such Statutes as are inconvenient, and
were never designed for us, for it would be madness to Sup-
pose the parliament of England has the plantations in View,
when they pass an Act, without they are particularly men-
tioned.

Gentlemen:
It is proper we should come to a Certainty in relation to
Such Statutes as are for our benefit, and such as are not; and



 
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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 300   View pdf image (33K)
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