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according to the Laws, Statutes, Ordinances, and reasonable Customs
of England, and of this Province, or to such other Words, as have
Relation thereto; and that they shall immediately make Report to
the House of any Alteration tnat shall at any Time happen in such
Commission; and likewise to have Regard, as near as may be, to
observe wherein they differ from the fforms of the several Sorts of
Commissions to the Judges and Justices in England; and also to
enquire, and report, whether it appears that the several Magistrates
in this Province, have been duly qualified, agreeable to Law.
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 its 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 unani-
mously resolved, That whosoever shall advance, that his Majesty's
Subjects, by such their Endeavours and Success, have forfeited any
Part of their English Liberties, are not Well wishers to the Country,
and mistake its happy Constitution.
Resolved, also, That if there be any Pretence of Conquest, it can
be only supposed against the Native Indian Infidels; which Supposi-
tion 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 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.
Resolved further, That this Province hath always hitherto had the
Common Law, and such general Statutes of England, as are securita-
tive of the Rights and Liberties of the Subject, and such Acts of
Assembly as were made in the Province to suit its particular Consti-
tution, as the Rule and Standard of its 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 Rules have,
by his Majesty, and his Royal Ancestors, and also by his Lordship
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L. H. J.
Liber No. 54
Oct. 3
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and his noble Ancestors, 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 Pro-
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p. 196
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