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1638.
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7 CÆCILIUS Lord BALTIMORE
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At a GENERAL ASSEMBLY, begun and held at
the Fort of St. Mary's, on the 25th Day of February
1638, and the same Day removed to St. John's,
and there continued till the 19th Day of March,
were Enacted the following Laws.
The Hon. Leonard Calvert, Esq; Lieut. General.
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CHAP. I
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Passed, 25th
Feb. 1638.
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An Act for establishing the House of Assembly, and the Laws to be
made therein.
C.O. fol. 128 and Lib. C and WH. fol. 61.
N. B. By this Act the several
Persons elected and returned (pursuant to the Writs issued)
shall be call BURGESSES, and supply the Place of all
the Freemen consenting to such Election,
in the same Manner, and to all the same Intents and Purposes,
as the Burgesses in any Borough
in England, in the Parliament of England,
use to supply the Place of the Inhabitants of
their respective Boroughs: And that the Gentlemen summoned
by his Lordship's special Writ,
to each of them directed, the said Burgesses, and such
other Freemen who have not consented to
any of the Elections as aforesaid, as shall be at any
Time assembled, or any Twelve or more of
them (whereof the Lieut. General and Secretary to be
always Two) shall be called THE HOUSE
OF ASSEMBLY. And all Acts, &c. assented unto and
approved by the said House, or major Part
of thereof, and afterward assented unto by the Lieut.
General, in the Name of the Lord Proprietary,
shall be adjudged and established for Laws, to the same
Force, &c. as if his Lordship and
all the Freemen of this Province were personally present,
and did assent, &c. |
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CHAP. II.
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Passed, 19th
March, 1638
* Viz. The
Bill No. 14,
which among
others was
ingrossed, but
not passed
this Session.
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An Act ordaining certain Laws for the Government of this Province.
C.O.
Fol.
130. Lib. C and WH. fol. 63.
N. B. By this Act (which seems
to have been calculated for supplying the want of Laws till
a proper Body should be agreed upon) it was Enacted.
(1.) Holy Church within this Province
shall have all her Rights and Liberties. (2.) All
Inhabitants shall take an Oath of Allegiance to
his majesty. (3.) The Lord Proprietary shall have
all his Rights and Prerogatives. (4.) The
Inhabitants shall have all their Rights and Liberties
according to the great Charter of England.
(5.) The Lieut. General (within the Province) and the
Commander of the Isle of Kent (within
that Island) except Appeal be made from him, and the
Council of the province, in Causes wherein
the Lieut. General is Plaintiff, shall cause Right and
Justice to be done in all Causes civil, according
to the Laws or laudable Usages of the Province, or otherwise
according to the Laws
or laudable Usages of England in the same or the
like cases, as near as he or they shall be able to
judge. And shall try all such Causes, and use,
command, &c. all Power and Means necessary
and conducing thereunto. And the said Lieut. General,
and Commander, shall take an Oath
to administer equal Justice to all Persons, without Favour
ao Malice of any one. (6.) The
Lieut. General, or any one of the Council (within the
Province) and Commander of Kent (within
that Island) shall use, &c. all Power and Means necessary
to the apprehending of Felons, or
keeping of the Peace. And the Lieut. General and
Council, shall and may try and ensure all Offenders,
with any Punishments as they shall think the Offence
to deserve, except that, in Crimes
extending to Life or Member, the Offender shall be first
Indicted, and afterward Tried, by 12
Freemen at the least. And the Commander of Kent
(within
that Island) shall and may try and
censure all Offenders within that Island, with such corporal
Shame or Correction (not extending
to Life or Member) as he shall think the Offence to deserve.
And every Councilor shall take
Oath to defend and Maintain the Rights and prerogatives
of the Lord proprietary in all Things,
and to assist the Execution of Justice without Favour
or Malice of any one, and to do all other
Things as becomes a Councillor to do. (7.) The
Secretary shall prove Wills, and grant Administrations,
and use, &c. all Power, &c. necessary thereto.
And the Commander of Kent to
take Order for the saving of the Goods of deceased Persons
within that Island, till a Will be
Proved, or Administration granted. (8.) The Captain
of the military Band (at the Direction
of the Lieut. General) shall use, &c. all Power,
&c. necessary or conducing in his Discretion to
the Safety or Defence of the Province. And the
Commander of Kent to do the like within that
Island. (9.) All Officers Fees to be paid according
to * a Bill upon the Records of this Assembly:
And all necessary public Charges to be defrayed by the
Treasurer of the Province, upon
Account of the Colony or Province, by Warrant from Time
to Time from the Lieut. General
and Council. (10.) If any Goods be within
the Province, without any challenging the same
and having Right thereunto, the Lieut. General and Council
shall appoint how the same shall
be employed. (11.) Where the Goods of a Debtor
sued are not sufficient to pay all his Debts
within the Province, they shall be Sold at an Out-cry,
and distributed equally among all the
Creditors inhabiting within the Province: Except that
the mere and proper Debts of the Lord
Proprietary shall be first satisfied, and then Fees and
Duties to public Officers and Charges; and
that Debts for Wine and Hot-Waters be not satisfied till
all other Debts be paid. (12.) Every
Person planting Tobacco shall plant and tend two Acres
of Corn. (13.) All Tobaccoes shipped
out of the Province (except to England, Ireland, or
Virginia) shall pay a Custom of Five in |
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