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LEONARD CALVERT, Esq; Governor
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1638. |
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the Hundred (14.) The Lieut. General and
Secretary (or his Deputy) and Gentlemen
summoned by special Writ, and one or two Burgesses out
of every hundred (at the choice of the
Freemen) at any Time hereafter assembled, shall be judged
a General Assembly. (15.) All
Commissions from or under the Lord proprietary, which
shall be in Force at his Death,
shall remain in the same Force until a new Commission
for the Government published under
the Great Seal. (16.) Any Bargain which the
Lieut. General and Council shall make with
any Undertaker, for the setting up of a Water-Mill for
the use of this Colony, shall be levied
upon all Inhabitants of the Colony, in such Manner as
the Lieut. General and Council
shall appoint; so it exceed not 10,000 lb of Tobacco
in a Year, for two Years only.
This Act was to endure till the End
of the next General Assembly; or (if such General Assembly
be not sooner
called) for Three Years only.
By 1641, ch. 4, so much of
this Law as concerns the Rights of the Lord Proprietary, and Peoples
Liberties, the Power of Judicature in civil and criminal
Causes, the Captain of the military
Band, Officers Fees, the settling the House of Assembly,
the Payment of Debts among all Creditors
by equal Partitions, &c. and the Custom of Tobacco,
was revived and continued until the
end of the next Assembly, to begin on the 12th of November
ensuing, unless some Assembly should
be called sooner. So that it totally expired the
2d August 1642. |
CHAP.
II
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The following Thirty-six Bills were twice Read in this Assembly,
and Ingrossed,
but never Read the third Time, nor passed the
House. They are Recorded
C. O. from fol. 53, to fol. 128,
inclusive, as also in Lib. C and WH. |
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1.
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An Act for Church Liberties. Lib. C and WH.
fol. 1. |
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N.B. This Bill was intended to continue in Force
till the End of the next General Assembly,
and then, with Consent of the Lord
Proprietary, to be perpetual. |
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2.
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An Act for Swearing Allegiance. Ibid. |
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3.
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An Act for Liberties of the People. Ibid. fol. 2. |
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N.B. They are thus enumerated
in the Bill, viz. all Christian Inhabitants (Slaves excepted)
to have and enjoy all such Rights, Liberties, Immunities,
Privileges and Free Customs, within
this Province, as any natural Born Subject of England
hath, or ought to have or enjoy, in
the Realm of England by force or virtue of the
Common Law, or Statute Law of England, saving
in such Cases as the same are or may be altered or changed
by the Laws and Ordinances of this
Province; and shall not be imprisoned or disseized or
dispossessed of their Freehold, Goods or
Chattels, or to be outlawed, exiled, or otherwise destroyed,
fore-judged, or punished, than according
to the Laws of this Province: Saving to the Lord Proprietary
and his Heirs, all his Rights
and Prerogatives by reason of his Domination and Seigniory
over this Province, and the People
of the same. |
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4.
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An Act for maintaining the Lord Proprietary's Title to the Lands of
this Province. Ibid. fol. 3. |
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5.
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An Act for Trade with the Indians. Ibid. |
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6.
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An Act for the several Oaths to be taken by Judges and Public Officers.
Ibid. fol. 6. |
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N.B. The Oath of a Judge proposed
by this Bill, is in the following Words, viz. " I A. B.
" do Swear, that (whilst I am a Member of this Province)
I will bear true Faith to the Right
" Honorable CAECILIUS Lord of this Province, and his
Heirs (saving my Allegiance to the Crown
" of England) and his and their due Rights and
Jurisdictions, and every of them, will defend
" and maintain to my Power. To none will I delay
or deny Right. Reward of none will I
" take for doing of Justice: But equal Justice will administer
in all Things to my best Skill
" (without Fear, Favour or Malice of any Person) according
to the Laws of this Province. So
" help me GOD." |
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7.
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An Act for erecting a Court of Admiralty. Ibid. fol. 9. |
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8.
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An Act for the erecting a County Court. Ibid. fol. 11. |
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9.
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An Act for the erecting of a Court of Chancery. Ibid. fol.
14. |
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10.
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An Act for the erecting of a Prætorial. Ibid. fol. 15. |
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11.
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An Act for the Authority of Justices of the Peace. Ibid. fol.
18. |
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12.
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An Act for the appointment of certain * Officers. Ibid. fol.
21. |
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* Viz. a Tything-man in each Manor, a Constable
in each Hundred, a Sheriff and Coroner in
the County, and a public Executioner
for inflicting all corporal Correction and Punishment. |
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13.
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An Act for the Government of the Isle of Kent. Ibid. fol.
22. |
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14.
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An Act for Fees. Ibid. fol. 26. |
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N.B. The Fees in this Bill were established by
a Law passed this Session. See above, ch. 2 §. 9. |
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15.
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An Act for the common defraying of certain public Charges. Ibid.
fol. 28. |
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N.B. By this Bill the Charges of all Expeditions
against Indians and other Enemies or Rebels
(thought necessary by the Lieut. General
and Council) were to be levied upon all the Inhabitants
of the Province rateably to their
Personal Estates, in such Manner, and after such Proportions,
as the General Assembly, or Lieut.
General and Council, should Rate and Tax the
same. |
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16.
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An Act for the descending of Land. Ibid. fol. 29. |
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17.
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An Act for assuring of Titles to Land. Ibid. fol. 32. |
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A 2
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