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L. H. J.
Liber No. 48
December 13
p. n
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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 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 Maj-
esty 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 to
the several judicial Magistrates; unless those Words have at any
Time been casually or carelessly omitted by the Officers in this Prov-
ince, that drew such Commissions.
Resolved, That the levying and taking the Sum of Twelve Pence
Sterling per Hogshead, by the Right Honourable the Lord Proprie-
tary of this Province, on all Tobacco exported out of the same, under
Pretence and Colour of the Act of 1704, is not warranted by Law.
Resolved, Nemine contradicente, That if the above Act of 1704 had
been in Force from the Restoration of the Government by the Crown
to the Right Honourable the Lord Proprietary, to this Time; yet, the
Sum of Three Pence Sterling, Part of the said Twelve Pence Sterl-
ing, agreeable to the plain Construction of the abovementioned Act of
1704, and her late Majesty Queen Anne's Instructions to her Gov-
ernor here when the said Act was in Force, ought to be applied
towards the purchasing of Arms and Ammunition for the Defence
of this Province.
The House adjourns till 2 of the Clock Afternoon.
Post-Meridiem.
The House met according to Adjournment, &c.
On motion of a Member, Resolved, That the Thanks of this House
be given to the Reverend Mr. James Sterling, for his Sermon
preached this Day before his Excellency the Governor and the Mem-
bers of the Upper and Lower Houses of Assembly.
Ordered, That Col. Fitzhugh, Mr. Buchanan, Col. John Henry,
Mr. Hicks, Mr. Casson, and Capt. Williamson, do wait upon him and
return him Thanks, on Behalf of the House, and acquaint him, that
he is requested, by this House, to allow the same to be printed.
The House adjourns till the Morrow Morning at 9 of the Clock.
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