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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 73   View pdf image (33K)
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The Lower House. 73


Likewise Resolved, That it be an Instruction to the said Committee,
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 Session; 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 a 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.

L. H. J.
Liber No. 52
March 17

Resolved further, 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
securitative of the Rights and Liberties of the Subject, and such
Acts of Assembly as were made in the Province to suit it's particular
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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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 73   View pdf image (33K)
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