Assembly Proceedings, Mar. 10, 1697/8-Apr. 4, 1698. 143

and not this It was upon the Same foot with the clk: of the
house, and if further allowance is thought fitt to be made to
him the same reason subsists for the other.
As to what answer you give in relation to M^r Ben: Halls
protested Bill this Board dos say that if it doth not consist with
the honour of your house the said matter should be referred
It dos not consist with the justice of his Ex^cy and his Matys
honble Councill to allow of it untill they are better Satisfyed.
And they suppose that the delaying the paym^t of the said Bill
is not in the least to be ballanced with the damage and acci-
dents which may happen to his Maty and his Loveing Sub-
jects of this province, in not haveing the Oaths (which of the
same nature upon compareing are found most of them differ-
ing one from an nother and Grand Jury charge regulated
according to proposall for want of which his Matys and the
Lord Baltemores power seem to be mixt and confounded
together and was represented and complained of by the Grand
Jury att the last provinciall Court Copy whereof was laid
before you as also the Book.
About payment of his Matys Councills out of the Overpluss
Tobacco it is not assented to unless they be proportionably
allowed out of the overpluss Tobacco.
As to the Leavy there being 40000^l of Tob: overplus more
then what is particularly allotted by the Iournall of the Acc^ts
his Ex^cy cannot suffer it to be disposed of without the number
of Councellors proposed be incerted in the Bill or otherwise
the method of Virginia may be taken in that case which is by
apportioning the leavy in Assembly time.
His Ex^cy dos say that he supposes (with advise of his Matys
honble Councill) has the same Liberty of returning answers
to what corns from the house as you have.
And as to what you intimate of being determined here on
purpose to Constreyne you to comply with his Ex^cy in those
things which are not agreeable to the Sence of your house
nor for the advantage of the country he denyes them, and
can give them no Milder a terme and Expects you should
prove them before his most sacred Maty or the Right honble
the Lords Com^rs for Trade and foreigne plantations but he
thanks god he is not conscious of having done any thing this
assembly Contrary to the writt by which you now sitt and has
Endeavoured all Lawfull and equitable ways and Means to
accomplish them. Sig^d p or^d Hen Denton Cl: Councill.

Original
Journal.

Whereupon remarked by the house as followeth viz^t

As to the word Serj' att Arms it was a mere Mistake and
ought to have been a Messenger in the nature of a Serj' att
arms.

p. 218