The Lower House. 135

in an amicable Course of Trade with them except some partial Out-
rages 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 had the Common
Law and such General Statutes as are Securitative of the Rights
and Liberties of the Subject and such Acts of Assembly as were
made in the province to suit its particular Constitution as the Rule
and Standard of its Government Judicature such Statutes & 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 Majesty and
his Royal Ancestors and also by his Lordship and his noble An-
cestors 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
province that drew such Commissions
Resolved That the levying and taking the Sum of twelve pence
Sterling per Hogshead by the Right Honourable the Lord proprietary
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
have been in fforce 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 Sterling Agreeable to the plain Construction of the above
mentioned Act of 1704 And her late Majesty Queen Anns Instruc-
tions to her Governor 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
Resolved That the Hours of Sitting for the Dispatch of public
Business during this Session be from nine of the Clock before
Noon until Twelve and from two of the Clock Afternoon until five
Ordered That M^r Dulany do acquaint the Rev.^d M^r Love that he
is desired by this House to read Divine Service daily during this
Session at three Quarters of an Hour past Eight in the Morning
and at five of the Clock Afternoon
The following Petition of sundry the Inhabitants Freeholders and
Free Voters in the Corporation of the City of Annapolis Viz
To the Honourable the Speaker and the Lower House of As-
sembly
14

L. H. J.

Liber No. 52
Nov. 2