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From these Authorities we think ourselves well justified in assert-
ing that the ffees of Office are a Tax upon the Subject. The good
People of this Province are undoubtedly intitled, as English Subjects,
to all the Rights, Liberties, Privileges and Immunities of his Maj-
esty's liege Subjects, born and residing within his Kingdom of Eng-
land, and therefore need not recur to the Royal Charter of this
Province for the Establishment of their Rights, Liberties and Privi-
leges. But had your Excellency, and the Council adverted to it we
apprehend the 7.th Section of the Charter which grants to Caecilius
Baron of Baltimore and his Heirs for the good and happy Govern-
ment of this Province, free, full, and absolute Power "to ordain,
make, and enact Laws of what kindsoever according to their sound
Discretion whether relating to the public State of the Province, or
the private Utility of Individuals, of and with the Advice, Assent
and Approbation of the Freemen of the same Province, or of the
greater Part of them, or of their Delegates or Deputies, whom we
will shall be called together for the framing of Laws when and as
often as need shall require by the aforesaid now Baron of Baltimore
and his Heirs and in the Term &.ta" would have most clearly pointed
out a Necessity for the Consent of the Delegates, to this or any other
Legislative Act: and the Eighth Section, which follows, "And
forasmuch as in the Government of so great a Province, sudden
Accidents may frequently happen, to which it will be necessary to
apply a Remedy before the ffreeholders of the said Province, their
Delegates or Deputies can be called together, for the framing of
Laws; neither will it be fit, that so great a Number of People should
immediately, on such emergent Occasion, be called together. We
therefore, for the better Government of so great a Province, do
will and ordain, and by these presents for Us, our Heirs and Suc-
cessors do grant unto the said now Baron of Baltimore, and to his
Heirs by themselves or by their Magistrates and Officers thereunto
duly to be constituted as aforesaid, may, and can make and constitute
fit and wholsome Ordinances from Time to Time to be kept and
observed, within the Province aforesaid, as well for the Conservation
of the Peace, as for the better Government of the People inhabiting
therein, and publickly to notify the same to all Persons whom the
same, in any wise, do or may affect. Which Ordinances we will to
be inviolably observed within the said Province, under the Pains
to be expressed in the same; so that the said Ordinances be consonant
to Reason, and be not repugnant nor contrary; but (so far as con-
veniently may be done) agreeable to the Laws, Statutes or Rights
of our Kingdom of England; and so that the same Ordinances do
not, in any Sort, extend or oblige, bind, charge, or take away, the
Right or Interest of any Person or Persons, of, or in Member, Life,
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L. H. J.
Liber No. 54
Nov. 22
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