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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 652   View pdf image (33K)
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652 Assembly Proceedings, December 7-14, 1751.

L. H. J.
Liber No. 47
December 7

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 Inhabi-
tants thereof would be in the Circumstances, not of the Conquered,
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

p. 193

Labour, has been in great measure obtained: And 'tis unanimously
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 Wellwishers to the Country, 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 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
Privileges of Treaties 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.
Resolved further, That this Province hath always hitherto had the
Common Law, and such general Statutes of England, as are securi-
tative of the Rights and Liberties of the Subject, and such Acts of
Assembly as were made in the Province to suit it's particular Consti-
tution, 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 Rules have, by his



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 652   View pdf image (33K)
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