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Ordered, That M.r Fielder Gantt, H. Hollyday, and J. Hall, Esq.rs
and Capt. J. Chapline, do prepare and bring in a Bill accordingly.
William Murdock, Esq brings in, and delivers to M.r Speaker,
the following Report, Viz.t
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L. H. J.
Liber No. 52
Nov. 15
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By the Committee appointed by the Honourable House, to enquire
and report tu the House by what Law or Custom the Lord Proprie-
tary of this Province receives the Fines, Forfeitures, and Amercia-
ments arising in the Courts of Justice; and also the Twelve Pence
per Hogshead on all Tobaccoes exported out of this Province;
the Annual Amount of such ffines, fforfeitures, Amerciaments, and
Twelve Pence per Hogshead, for the last seven Years, to what Uses
and Purposes the same have been applied; with their Opinion as to
the Justice of such Receipt and Application; and that the said Com-
mittee have Power to send for Persons, Papers, and Things, neces-
sary to perfect such Enquiry and Report
Your Committee, in Pursuance of the Directions of the Hon-
ourable House, do find, that King Charles the First, by Charter,
dated in the 8.th Year of his Reign, Annoque Domini 1633, amongst
other Things, Granted to Caecilius Calvert, first Lord Proprietary
of the Province of Maryland, "All and singular such, and as ample
Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties,
Immunities and Royal Rights, and Temporal Franchises, whatsoever,
as well by Sea as by Land, within the Regions, Islands, Islets, and
Limits aforesaid, to be had, exercised, used, and enjoyed, as any
Bishop of Durham, within the Bishoprick or County Palatine of
Durham, in our Kingdom of England, ever heretofore hath, had,
held, used, or enjoyed, or of Right could or ought to have, hold, use,
or enjoy." Under this Charter the Lord Proprietary in the Infancy
of this Province, took the Fines and Forfeitures, arising at the
Common Law, as Supreme Magistrate; and, having in his Hands
all the executive Powers of Government, his Successors have con-
tinued, in like Manner, to receive them, either by themselves or their
Governors here, down to the Present Time, without any Interruption
that we know of, but only during that Period in which the Govern-
ment was in the Hands of the Crown, when the Fines and Forfeitures
were received by Officers under the Crown, and not collected by the
Agent of Lord Baltimore as Part of his private Fortune and Estate,
the fforfeitures appropriated by particular Acts of Assembly to the
Support of Government, and given to the Lord Proprietary from
Time to Time for that Purpose, have likewise been received in Virtue
of those Acts: To what Uses the said Fines and Forfeitures arising
at the Common Law, or under particular Acts of Assembly, have
for some Years past been applied, your Committee are not informed,
but have Reason to think they have been disposed of at the Pleasure
of the Lord Proprietary for the Time being, and not appropriated
to any public Use whatever.
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p. 444
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