294 Assembly Proceedings, May 10-June 9, 1692.

U. H. J.

are willing the Party Accused or Suspected should be put to
prove where he had it.
The Act for Enrollment of Conveyances &c. as to the fees
therein Mentioned Alledged by the Board to be Vested in the
Governor and Council to Ascertain; They say it is the Privi-

p. 628

ledge of the Freemen of this Province not to have any fees
Imposed or Extorted from them but by their own Consent in
Assembly, And this they have Unanimously Voted in their
house to be their undoubted right, backed by Magna Charta.
His Excellencys Instructions in that particular read, to them
authorizing him with his Council to Regulate the Officers fees
in this Province, They recite severall Statutes of England
shewing the Settlement of all fees to be by Act of Parliament
To which is Answered that the Governor and Council does
not take upon them, nor is it intended, Settle or New found
any fees of themselves, but his Excellency, where Occasion
shall be for the Ease and Satisfaction of the People and for
their relief against Oppression, may and hath power with the
Advice of his Council to regulate and moderate those. fees
already Settled or hereafter to be Appointed as he shall see
fit and Convenient; They say that such Provision will be
made for that in another Act now preparing for Officers fees ;
as they doubt not will give his Excellency full Satisfaction in
that point.
His Excellency proposes to them the making indefinite and
not Temporary what Laws they shall think fitt to make as
good and wholesome for the Inhabitants and their good Gov-
ernment thereby to save the Charge of Assemblys meeting on
purpose to revive those Laws, and if at any time hereafter
any of them become Burthensome or grievous they may be
repealed and made Void; To which they answer that they
have Sufficiently Experienced the ill Consequence of perpetual
Laws so Called as to give them Caution of being too forward
in passing too Many of that kind again; But for what Bills
are preparing now; if his Excellency shall not think fit or Safe
for him to pass them as they are drawn, and shall please to
Signifie his reasons therefore to the house, they will endeavour
to give him Satisfaction therein & Comply with anything
reasonable.
The Act for marking high ways &c. they consent to Impose
a Penalty on the Overseers for their Defect as desired.
Recommended to them the making of a Law in favour of
Negroes & Slaves to prevent the Barbarous Tyrrannical and
Inhumane usage of them as is too much Practiced by some
People here, They consent thereto and will accordingly pro-
vide by a Law Declarative of the Laws of England in such
like Cases.