214 Assembly Proceedings, Oct. 20-Nov. 12, 1698.

L. H. J.

for the whole of which he was Ready to pay the Imp' and
desired that noe advantage might be taken ag^t him for the
same for want of a post Entry, and that this house would be
pleased to order him to whome he should pay the s^d Impost.
It is resolved upon by the house that he pay the same to
the navall officer for the District of the port of Annapolis and
that no advantage shall be taken thereon for want of such
post Entry as a foresaid, if his Ex^cy and the hon^ble Councill
shall approve of the same.
Signed by order
Ch^r Gregory clk: house of Delegates.

Ordered that M^r Benj^a Hall and M^r Thomas Hicks carry up
the afores^d Message to his Ex^cy and Councill.
The Comittee appointed to draw up the address to his Ex^cy
on behalfe of M^r Philip Clarke presented the same which was
read, Viz^t

To His Ex^cy Francis Nicholson Esq. Cap^t Gen^ll &c. and his
Maj^ties hon^ble Councill.
The humble address of the house of Delegates.
May it please yo^r Ex^cy
It being evident to this house that M^r Philip Clarke one of
the members thereof is now detained in prison, and it falling
under our Consideracon, to inquire for what crime the said
Philip Clarke was so detained, and whether under such con-
victions as debarred him from the Service of this house in
order whereunto Inquiry was made of the Sherriffe by what
precept and for what crime the said Philip Clarke was by him
detained, his answer was that he was detained by virtue of a
Capias ad Satisfaciendum for six thousand pounds of Tobacco
due to the King, but could produce no such precept, and hav-
ing examined former presidents in the like case do find that
no member ought to be restrained from the Service of this
house, but for Treason, fellony, or denying surety for the
peace.
Therefore do humbly conceive that his being present here
is our undoubted Right and priviledge, and for that Reason

p. 228

do humbly pray your Ex^cy that the said Philip Clarke may be
permitted to come and sitt in this house as being esteemed a
usefull member thereof.
Signed by order
Ch^r Gregory Clk: house of Delegates.

M^r Benjamin Hall and Thomas Hicks, returne and say they
have delivered their Message.