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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 421   View pdf image (33K)
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The Lower House. 421

Lordship declares agt altering our Rules Customes and
Usages &c: by which Your Lordship seems to Suppose the
Constitution we Endeavour to preserve is a Novelty. We pray

L. H. J.

Your Lordship to be Referr'd (besides The many Records
noted in our Journals Sent You) to the Commission of Your
Noble Ancestor Cecilius, Granted on the 15th of April 1637:
(Your Lordships Charter being Made but in 1632:) to his
Brother Leonard Calvert Esqr who by the History of Mary-
land, is said to be the first Governour here, In which Com-
mission we find these Words, And we do hereby give and
Grant full power and Lawfull Authority unto him our said
Liev' to Enquire try Determine and finally to Judge of and
upon all Causes Criminall Whatsoever of what Nature kind
Quality or Degree or Condition soever the same shall be
which may happen or arise within our sayd Province as fully
and Absolutely as if we our Selves were personally Present
to give Sentence or Judgment in or upon the same (Except-
ing only where the Life or member of any person shall or may
be Enquired of or Determined) and to award Execution upon
every such Sentence or Judgment, and also to hear and De-
termine all Civill Causes Actions suits and Demands both in
Law and Equity, also Concerning any Goods, Chatties, Con-
tracts, Debts, Demands or other personall or mixt Action or
Actions Suit or Suits whatsoever in the most Summary and
Equal Way that he may According to the Orders Laws and
Statutes of that our said Province already made and Estab-
lish'd or hereafter to be made or Establish'd, and in Default
of such Laws to be Establisht, within our said Province, then
according to the Laws and Statutes of the Realm of England,
as near as he may or can Judge and Determine thereof. Also
in his Lordships Commission to William Brainthwait Gent :
to be Commander of the Isle of Kent Dated the 22d of
October 1638: are these Words: — And in all other Matters
Civill and Criminall to use and Exercise all or any Jurisdic-
tion and Authority for the Administration of Justice and
Conservation of our Peace within the said Island as any Jus-
tice of Peace in England may or ought to use and Exercise
by Vertue of his Commission for the peace, and further (as
there Shall be Cause) to hold a Court or Courts, and in the
said Courts to award process hold pleas, and to hear and
finally Determine all Actions and Causes whatsoever Civill
hapening and arising between any the Inhabitants of the said
Island, not Exceeding in Damages or Demands the Value of
One Thousand weight of Tobacco; as also to hear and finally
Determine all Misdemeanours and Offences whatsoever
Criminal hapning or Committed within the said Island, and to
award Execution thereupon so that the said Crimes Extend

p. 117

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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 421   View pdf image (33K)
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