|
|
L. H. J.
Liber No. 54
Nov. 30
|
and Ministers for what Cause soever, and with what Power soever,
and in such fform as to him and his Heirs should seem most con-
venient, and to do all and every other Thing which unto the complete
Establishment of Justice, Courts, Tribunals, and fforms of Judicature
and Manner of Proceedings do belong, tho' in these Presents express
Mention be not made thereof.
Argument would be unnecessary to prove, that if the royal Pre-
rogative could settle the frees of Officers in the Plantations, the same
Authority was granted to Lord Baltimore in this Province and that
the declaration Clause in the Charter "so that the same Ordinances
do not in any Sort extend to oblige, bind, charge, or take away, the
Right or Interest of any Person or Persons, of or in Member, Life,
ffreehold, Goods or Chattels," contains no Restriction more than
would have resulted by Operation of Law, nor renders his Lordship's
Prerogative here, less forcible than the Royal in the other Colonies.
Between 1633 and 1637, the Officers appointed by Lord Baltimore,
or his Governor, were authorized by their Commissions to demand
and receive such ffees as were usually paid in England or Virginia
for similar Services.
In the Year 1642 a Table of ffees was settled, and published by the
Governor and Council
In the Year 1676 An Act passed for Limitation of Officers ffees,
but before this Act was framed, the Lower House were acquainted
in a Message from the Upper, that the List of Chancellor's ffees was
settled by the then late Lord Proprietary, and his present Lordship
would not consent to any Act for settling the same, it being his Pre-
rogative; but that the List might be recorded in the Journals of the
House; whereupon the Lower House voted, that they desire [not] to
intrench on his Lordship's Prerogative, but all they aimed at was,
that the Inhabitants might certainly know what ffees they were to
pay, and since nothing could be more reasonable than that the same
should be settled and published, they humbly requested his Lord-
ship to ascertain the ffees of all his Officers, and that fair Lists
thereof might be drawn out with his Lordship's Assent, and two
Copies thereof sent to the respective County Courts to be published
and recorded, and that an Act might be drawn up for the fining of
every Officer exceeding the same
Pursuant to this perpetual Act of 1676 passed, with the following
Proviso, "if any ffees for any Matter or Thing to be done, belonging
to the several Offices, and by the Lord Proprietary or his Governor
so allowed and adjudged, and not in this Act mentioned, then it shall
be lawful to have and receive such ffees as the Lord Proprietary and
Council shall allow, and no more."
|
|
