ernment was again Restored to the Lord Proprietary; in which
year an Act of Assembly was again made, which advanced the
aforesaid one shilling per Hogshead, to Fifteen pence per
Hogshead, Three pence of it to be applyed towards the Sup-
port of a Magazine, and the other Twelve pence to the then
Governor for his own proper use.
The one shilling per Hogshead for support of Government
was directed to be paid to His Lordship, for the Support of
His Governor, and for such other uses towards the Support
of Government as His Lordship in His Discretion should think
meet to apply the same which was accordingly Re-Enacted in
1717.
In mine of lanuary the 5^th I observed to you That the afore-
said Law of 1692, was by the Terms a Perpetual Law. That
King William Dissented to the Law 1699 for the support of
Government. Notwithstanding which, the Act of 1692 as it
continued in Force before 1699 — The Support of Government
was raised until the Perpetual Law of 1704 was made in Col
Seymour's time, by which Law, the present Support of Gov-
ernment is raised, and has been ever since the Act of 1717
Ceased. The latter Act being only Temporary and made as
was found necessary during its Continuance, to raise Three
pence per Hogshead as a Composition for His Lordship's
Rents and Alienation Fines, But that Composition ceasing
in September 1733. The Assembly held in 1734 made an Act
to Raise the Three pence per Hogshead, well satisfied the Act
of 1704 was in Force effectually for the Support of Gover-
ment.
The Question on the Case as it stands is, whether the
Council can justly claim any part of the aforesaid one shilling
per Hogshead, for as the Law of 1692 Repealed all the former
Laws for Raising the one shilling per Hogshead and applied
it to other uses, exclusive of any Support of the Council, who
were then provided for by another Law as aforesaid, and have
been since. And the Law of 1704 which Repealed all former
Laws, and is a Perpetual Law still unrepealed, by which the
Support of Government is now Raised for such uses in the
Government as His Lordship thinks meet, without mentioning
or having any regard to the Council; The Lord Proprietor
cannot be supposed to have any knowledge, that the Upper
House of Assembly, at the time of making the aforesaid Laws,
intended the Council should be supported out of the aforesaid
one shilling per Hogshead, which His Lordship has a Right to
apply to such uses of Government as He pleases. This being
the Truth of the Case 'tis certain the Upper House cannot
recced their Allowances to the Lower House — unless under
such Consideration as My Lord's Instructions herewith Recom-
mends.