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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 257   View pdf image (33K)
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The Lower House. 257


And that it be an Instruction to the said Committee, as a Commit-
tee of Courts of Justice, that they observe the nature of all the Com-
missions to the several Courts of Judicature within this Province, and
that they especially observe any Alterations that may at any Time
happen, by accidental Omission, or otherwise, therein; and particu-
larly relating to such Words therein, as require the several Judges
and Justices to Hear, Try, and Determine, 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 Altera-
tion that 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 Forms of the several Sorts of Commissions to the Judges and
Justices in England
Likewise Resolved, That it be an Instruction to the said Commit-
tee to inspect the Form of the Oaths of Office, that have been, and
now are usually taken by the several Magistrates; and that in case
the following Clause be not inserted in the said Oaths, it be reported
to the House, such Clause being agreeable to the Oath taken by the
Judges in England, and resolved to be necessary here, viz.

L.H.J.
Liber No. 46

To do equal Law and Right to all the Kings Subjects, rich and
poor, and not to delay any Person of common Right for the Letters
of the King, the Lord Proprietary, or of any others or for any other
Cause; but if any such Letters come to them, they shall proceed to
do the Law, the same Letters notwithstanding.
And that a Copy of these Resolves be made and given to the said
Committee, when they first go out every Sessions, and that making
and giving such Copies be the undoubted Duty of the Clerk of this
House, and within the Purview of his Oath.
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 it's Dominions; which by
the Blessing of God upon their Endeavours, at their own Expence
and Labour, has been in great measure obtained: And 'tis unani-
mously Resolved, that whoever 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 Coun-
try, and mistake it's 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

17

p.550



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 257   View pdf image (33K)
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