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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 186   View pdf image (33K)
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186 Assembly Proceedings, October 3-November 2, 1728.

L. H. J.

mandments should go to the Justices or other deputed to do Law
and Right according to the Usage of the Realm in Disturbance of
the Law or of the Execution of the same or of right to the Parties,
That the Justices should certify the King and his Councill of such
Letters and Writs contrary to Law and Proceed to Execute the
Law, and by the Sixteenth of Charles the first for taking away the
Star Chamber in the fifth paragraph of it which is declaratory of
the subjects right in his Property, It is declared and Enacted that
neither his Majesty nor his Privy Councill have or ought to have
any Jurisdiction Power or Authority by English Bill, Petition, Arti-
cles Libell, or any other Arbitrary way whatsoever to Examine or
draw into Question determine or Dispose of the Lands Tenements
Hereditaments Goods or Chatties of any the Subjects of this King-
dom but that the same ought to be tryed and Determined in the Or-
dinary Courts of Justice and by the Ordinary Course of the Law,
the Kings Letters are mentioned in the Oath Prescribed by the first
Act and Sir William Thorpe cheif Justice of the Kings Bench in
the 25th year of Edward the third was Condemned to be hanged
for taking Bribes contrary to that Oath which Judgment was con-
firmed in Parliament.

p. 18

The Kings Letters are mentioned in the 40th of Edward the third
and the Kings Power in the 1.6th of Charles the first which Induced
the Assembly to incert the words, the Kings Letters, in the Oath
prescribed by Act Here to be taken by the respective Judges, and
because the Oath of Judge in England and all other Obligations
and Proceedings in matters of Judicature so far as the Circum-
stances of the Province of Maryland will admit of are most agree-
able to the Genius and Constitution of its Inhabitants and Your
Committee are at a Loss to know wherein the incerting the words
so Necessary and that have had near four hundred years approba-
tion in the Oath of a Judge can Possibly give the least Colour for
so heavy a charge as your Committee conceives is contained in the
following part of his Honour the Governors Speech forasmuch as
the words thereof not only seem to reflect upon the Crown but may
also be genuinly construed as intended to affect his Majesties Royall
Prerogative in severall of its Branches as well in those reserved
peculiarly to his Sovereign Person as in those Delegated to or rather
deposited and trusted by the Charter to the Lord Proprietary. Your
Committee may venture to Affirm that the Royall Prerogative is as
dear to the People of Maryland as to any other of his Majesties
Subjects and that they are Convinced their happiness and Welfare
depend under God & the Present happy Establishment in his Present
Majesty's August family, And that should the Royall Prerogative
suffer any Injury or Diminution, we his Majestys Loyall Subjects
must be involved in all the unhappy consequences whence we con-
ceive it follows that our own Interest would not fail to dictate to us,
that we ought not, could we have a Prospect of Succeeding attempt



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 186   View pdf image (33K)
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