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L. H. J.
Liber No. 46
May 25
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Likewise Resolved, That it be an Instruction to the said Commit-
tee, to inspect the Form of the Oaths of Office, that have been, and
now are usually taken by the several Magistrates; and that in case
the following Clause be not inserted in the said Oath, it be reported
to the House, such Clause being agreeable to the Oath taken by the
Judges in England, and resolved to be necessary here; viz.
" To do equal Law and Right to all the King's 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 making
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 In-
habitants thereof would be in the Circumstances, not of the Con-
quered, but of the Conqueror; it being a Colony of the English
Nation, encouraged by the Crown to transplant themselves hither,
for the sake of improving and enlarging it's Dominions; which by
the Blessing of God upon their Endeavours, at their own Expence
and Labour, has been in great Measure obtained: And 'tis unani-
mously Resolved, that whoever shall advance, that his Majesty's
Subjects, by such their Endeavours and Success, have forfeited any
Part of their English Liberties, are not Well-wishers to the Coun-
try, and mistake it's happy Constitution.
Resolved, also, That if there be any Pretence of Conquest, it can
be only supposed against the Native Indian Infidels; which Sup-
position cannot be admitted, because the Christian Inhabitants pur-
chased 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 Privileges of Treaty and Trade 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.
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p. 837
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Resolved, further, That this Province hath always hitherto had
the Common Law, and such general Statutes of England, as are
securitative of the Rights and Liberties of the Subject; and such
Acts of Assembly as were made in the Province, to suit it's par-
ticular Constitution, as the Rule and Standard of it's Government
and Judicature; 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
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