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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 321   View pdf image (33K)
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The Lower House. 321


following Clause be not incerted in the said Oath it be Reported to
the House such Clause being agreable to the Oath taken by the Judges
in England viz.
To do equal Law and Right to all the Kings Subjects Rich and
Poor and not to delay any Person of common Right, for the Letters
of the King the Lord Proprietary or of any other or for any other
Cause, but if any such Letters come to them they shall proceed to do
the Law the same Letters notwithstanding
And that a Copy of these Resolves be made and given to the said
Committee, when they first go out every Sessions and that the mak-
ing and giving such Copies be the undoubted Duty of the Clerk of
this House, and within the Purview of his Oath
Resolved also that this Province is not under the Circumstances
of a conquered Country, that if it were the present Christian Inhabi-

L. H. J.

tants thereof would be in the Circumstances of the Conquerors not
of the Conquered, it being a Colony of the English Nation encour-
aged by the Crown to Transplant themselves hither for the sake of
Improving and enlarging its Dominions, which by the Blessing of
God upon their Endeavours, at their own Expence and Labour has
been in great Measure obtained: And tis unanimously Resolved
that whoever shall advance that his Majestys Subjects by such their
Endeavours and Success have forfeited any part of their English
Liberties are not well wishers to the Country and mistake its happy
Constitution
Resolved also that if there be any pretence of Conquest it can be
only supposed against the Native Indian Infidels, which Supposition
cannot be admitted, because the Christian Inhabitants purchased
great part of the Land they at first took up from the Indians as well
as from the Lord Proprietary and have ever since continued in an
amicable Course of Trade with them, except some partial Outrages
and Skirmishes which never amounted to a General War much less
to a General Conquest the Indians yet enjoying their Rights and
Priviledges of Treaties and Peace with the English of whom we yet
frequently purchase their Rights of such Lands as we take up as well
as of the Lord Proprietary
Resolved further that this Province hath always hitherto had the
common Law and such General Statutes of England as are securita-
tive of the Rights and Liberties of the Subject and such Acts of
Assembly as were made in this Province to suit its particular Con-
stitution as the Rule & Standard of its Judicature and Government ;
such Statutes and Acts of Assembly, being Subject to the like Rules
of common Law, or equitable Construction as are used by the Judges
in construing Statutes in England; which happy Rules have by his
Majesty and his Royal Ancestors, and also by his Lordship and his
noble Ancestors, or some of them been hitherto approved, by having
the Commissions of Judicature to include Directions of that Nature

22

p. 322



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 321   View pdf image (33K)
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