The Lower House. 671

In Pursuance of the Resolutions of the aforegoing Questions,
Ordered, That the following be entered on the Journal as the Resolves
of this House, viz.

Resolved Unanimously, That it is the undoubted Right and indis-
pensable Duty, of the Representatives of the Freemen of this Prov-
ince in Assembly convened, to enquire into, represent, and remon-
strate against, every Measure in the Administration, or Exercise
of the Executive Powers of Government, within this Province, which,
in their Opinion, may tend to affect the Lives, Liberties, or Properties
of the People, in any Manner not clearly warranted by the known
Laws or Customs thereof.

Resolved, That no Person is Punishable for obstinately refusing
to appear and serve in Arms for the necessary Defence of this Prov-
ince, by Virtue of that Clause of the Act for the Ordering and Regu-
lating the Militia of this Province, for the better Defence and Security
thereof, (admitting it were in Force) which vests a Power in the
Justices of the Provincial Court to Fine and Imprison, after a Pro-
cedure according to the due Course of Law, and Conviction of such
obstinate Refusal and Disobedience as aforesaid, except upon a for-
eign Invasion.

Resolved, That agreeable to a reasonable Construction of the said
Act, there was not a foreign Invasion of this Province in December
last, when his Excellency the Governor, with the Advice of his Coun-
cil, Ordered the Companies of Militia of Queen-Anne's and Kent
Counties to march to the Western Frontier; nor was there one when
the Companies were Ordered out from Calvert and Caecil Counties in
March last.

Resolved, That the marching the said Militia of Queen-Anne's
and Kent Counties, was not only Illegal, but not Necessary for the
Security of the Western Frontier of this Province; and however
promising the Aspect might be at the Time of issuing the Orders
for their March, yet, as in the ordinary Course of the Seasons, Storms
and the most severe Weather could not but be then expected, it was
Oppressive and Cruel; and the Impressing Provisions for those
Companies, in those Counties so far distant from the Frontier, was
Inconvenient and unnecessarily Expensive.

Resolved, That upon a Foreign Invasion (supposing there is not
any Act of Assembly to Compel them) every loyal Subject in this
Province, who is capable (or as many as may be necessary) ought, and
it is the Opinion of this House would, take up Arms, with the Appro-
tion and Consent of the Governor or Commander in Chief of the
Province for the Time being, for the necessary Defence thereof; but
that no Person is Compellable to serve in Arms after such Invasion is
suppressed.

L, H. J.
Liber No. 50
May 8

p. 190