Assembly Proceedings, April — May 1669. 187

Courts as by the s^d Act he is required & that M^r Bowles & M^r
Montague do carry this message to the Chancellour — Signed
by order of the Lower House of Assembly
Robert Carvile Clk

Whereunto the Chancellour answered that if they pleased
to appoint him a Convenient Fee for drawing up the said
Charges to be sent to the several Countys he should do it
otherwise he doth not think himself obliged to do it
Then came four Members from the Lower House & brought
these following Bills Viz. One Rill Rntituled an Act appoynt-
ing Court Days in each respective County in this Province
One other Bill Entituled an Act for the reviving & Continuing
an Additional Act to an Act Entituled an Act Concerning pay-
ment of fees due from Criminal Persons One other Bill En-
tituled an Act for the keeping good such high Ways & roads as
are already Cleared in this Province One other Bill Entituled
an Act Enjoining all Persons that intend to depart this Pro-
vince to give sufficient Notice of their Departure, One other
Bill Entituled an Act limitting Ordinary Keepers, One other

U. H.
Journal
1659-98

Bill Entituled an Act for the publication of all Laws within this
Province now in force

Then came from the Lower House this following Paper viz :
4^th May 1669

The Lower House taking into Consideration the not appear-
ance of Mr Horsly a Member of this House during this
Assembly, It was urged that M^r Johnson the Sherriff of Somer-
sett County did not make a due return of the said Member,
and a Member of the House informed the House M^r Horsley
was sick & could not attend and produced a Letter from him
sent to that House for that purpose and upon the Evidence of
the Chancellour and the Clerk of this House, that the Sherriff
when he came to return his Writt to the Chancellour said M^r
Stevens & M^r Horsly were Chosen by the County and that
after they were so Chosen the People being mett at an Ale
House said to him they would have but one Burgess & so the
Sherriff told M^r Horsly that he need not come to the Assembly
for he would not return him, That at the time he was at the
Chancellour's House being on Saturday the 10^th April he being
told by the Chancellour that he was not to be his own Judge
of the Election but ought to return & thereupon returned M^r
Horsly
The Question thereupon was put whither his Evidence shall
acquitt the said Member from a Fine or no?
It passed in the Affirmative
The Question again put whither the said Sherriff be not

p. 157