BUT because the Happiness of Mankind depends so much upon the Enjoying
of Liberty of their Consciences as aforesaid, I do hereby solemnly
declare, promise and grant, for me, my Heirs and assigns, That the
first Article of this Charter relating to Liberty of Conscince, and
every Part and Clause therein, according to the true Intent and Meaning
thereof, _shall be kept and remain, without any Alteration, inviolably
for ever_.[101]
* * * * *
[Provision for separation of the Delaware "Territories" under their own
legislature, if they so desire.]
NOTWITHSTANDING which Separation of the Province and Territories, in
Respect of Legislation, I do hereby promise, grant and declare, That
the Inhabitants of both Province and Territories, shall separately
enjoy all other Liberties, Privileges and Benefits, granted jointly
to them in this Charter, any Law, Usage or Custom of this Government
heretofore made and practised, or any Law made and passed by the
General Assembly, to the contrary hereof notwithstanding.
104. Berkeley's Report on Virginia, 1671
Hening's _Statutes_, II, 511-517.
In 1670 the Colonial Board (No. 99, above) sent out questions,
which, with the answers of Governor Berkeley for Virginia (1671),
are given below. Other colonies sent like reports.
1. What councils, assemblies, and courts of judicature are within your
government, and of what nature and kind?
_Answer._ There is a governor and sixteen counsellors, who have from
his sacred majestie, a commission of _Oyer and Terminer_, who judge and
determine all causes that are above fifteen pound sterling; for what is
under, there are particular courts in every county, which are twenty in
number. _Every year, at least the assembly is called_, before whom lye
appeals, and this assembly is composed of two burgesses out of every
county. These lay the necessary taxes, as the necessity of the war with
the Indians, or their exigencies require.
[2. Courts of admiralty.]
3. Where the legislative and executive powers of your government are
seated?
_Answer._ In the governor, councel and assembly, and officers
substituted by them.
4. What statute laws and ordinances are now ... in force?
_Answer._ The secretary of this country every year sends to the lord
chancellor, or one of the principal secretaries, what laws are yearly
made; which for the most part concern only our own private exigencies;
for, contrary to the laws of England, we never did, nor dare make any,
only this, that no sale of land is good and legal, unless within three
months after the conveyance it be recorded in the general court, or
county courts.
5. What number of horse and foot are within your government, and
whether they be trained bands or standing forces?
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