The Upper House. 39

count of all or part of the Plaintiff's Claim before such Justice
or Justices (viz. one Provinciall or two County Court Justices)
and that no Part or Parcell is paid other then what is taken
Notice of in Such oath shall be received as Evidence. Wee
thinke that if such Proof were Limitted to goods Sold & worke
done, it would be Sufficient, and that money lent ought to be
proved by a note under hand or by receipt or Perticular As-
sumption and as to such Articles as Lye Properly in Account.
The words are So General they Serve to amuse the Justices
who often admitt of very Large Proofs w^ch Tend to Introduce
Perjury and therefore wee cannot but recomend it to Your
Serious Consideration.
And whereas it is for the hon^r of Allmighty God that the
Clergy of this Province should be Supported and the Rights
and dues of our Infant Church well Secured.

Original
Journal.

It is proposed that when or wheresoever it shall happen
that any part of the 40lb tob^{o
p pole or other Right or Emolu-
ment belonging to the Church may happen to be lodged in
any Persons hand who shall dye before they have satisfied &
accounted to the respective Vestrys or Incumbents for the
same, that in Such Cases his Claimes from their Exrs or Admrs
shall be paid as Preferable to all other Debts dues & Demands
whatsoever. The Rights and dues to our Sovereigne Lady
the Queen allways Excepted and fore-prized.
The Act of Assembly against the Exportation of European
Goods is Experienced since the short Time it has been in force,
to be a great discouragement to the Trade of Import, which is
Diverted thereby from this Province & carryed directly to
other Ports. Whereas this Country would be the Port of
Trade for such Vessels therefore advise it be repealed.
His Exncy has received her Majestys Directions that the
Quakers in this Province be Compelled to Contribute a Pro-
portionable Share to the Charge of the Militia and Defence of
the Country. But that the Distresses made upon them for
their Defaults be not Extraordinary beyond the bounds of
Moderation or more then what is Levyed upon others.
Wherefore Wee propose a Supplementary Law be made
Providing therefore and Since the method Levying of the fines
by Act of Assembly in Such who neglect to appear and serve
in the militia being only upon the Goods and Chattels and no
Execution given against the body of the Defaulter has no
Effect as to Young Freemen who have no Vizable Personall
Estate whereon the Sherriffs may Levy them, it is Proposed
that in Such Case Execution may be awarded against their
Body otherwise there is no way to Enforce them.
Signed p order W Bladen Cl Concil}

p. 65