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p. 14
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This Message was sent by James Hollyday Esqr and Mr Tolley
who return and acquaint the House they delivered the same.
Collo Tilghman from the Upper House delivers Mr Speaker the
following Message (Viz) [The text of this message is printed at
page 107.]
Daniel Dulany Esqr Chairman of the Committee of Laws delivers
Mr Speaker from the said Committee the following Report (Viz)
By the Committee of Laws. October 5th 1728
Your Committee having taken into their Consideration the form
of the Oath of Judge mentioned in his honour the Governors Speech
as recommended by the Right Honble the Lord Proprietary have
made the few observations following thereon.
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p. 15
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Ist We take it as a truth not to be denied, with any Shew of
reason that the Benefit of the Laws of England as well Statute as
Common is the undoubted Right of the People of Maryland and
that their Representatives could not be Guilty of anything more
Destructive to the Rights and Liberties of those who have entrusted
them, more inconsistent with their own Duty or more base and
treacherous Than to give up or Consent to impair or Lessen that
Right and that as the best of Laws without being duly executed are
insignificant and useless so the benefit of the good & wholesome
English laws will be of none Advantage to the Brittish Subject
residing in Maryland unless all possible Care be taken that Justice
be equally, justly and impartially administred according to the
Directions of the said Laws and that the Judges be under the Tie
of an Oath to discharge so essentiall and necessary Part of their
Duty.
2dly That altho the words (the Laws Customs and Directions of
the Acts of Assembly) seem to be terms unknown to the Laws as
there applied and indeed an Impropriety, Your Committee will not
trouble you with any particular Observation on that part referring
the same to future Consideration but another Part of the Oath
which runs in these words according to the Laws Statutes and
reasonable Customs of England as have been Used and Practised
in this Province, is not to be Passed over, for it seems to your Com-
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