The Upper House. 25

Which was read & assented to by this Board & sent to the
House by Col Addison
M^r Ungle and two more from the House of Delegates
acquaint the honble Presid^t that considering it is late in the
Week & late in the day they desire his Commands
The last address by L^t Col Gale & others being considered
Resolved the following Answer be Sent thereto viz

U. H. J.

By the honble Presid^t & Council in Assembly
November the 3^d 1711

In answer to your Address by L^t Col Gale & nine others of
your members, We must take leave to observe to you that
the present Justices of the Provincial Court holding their
offices by Patents made them in Governeur Seymours time
and her Majesty's royal Instructions prohibiting the Governeur
&c to displace any of them, Without Sufficient Cause repre-
sented to her Majesty We do not take what is offered from
your House as an Aggrievance to be a Sufficient Reason to
displace any of them without some particular Misfeazance in
their offices assigned against them Which we shall at all times
be ready to hear
We cannot but resent your Saying (you had very freely
Consented to charge yourselves & the People you represent
with very great sums for our Attendance in Council which
you assert to be the great Cause of calling us together) and
absolutely deny an Imputation so untrue & unworthy of your
Representative Body Which her Majestys Several Commands
laid before you this Session and the absolute necessity of
reviving & Enacting some good Laws for the Preservation &
Welfare of the Province plainly demonstrate
The many Councils this year having been occasioned chiefly
by her Majestys Expedition designed against Canada as they
burthen the Country with the Charge (so have they been to
our great Fatigue & Loss in our private affairs) We can be
contented as well as any of your House to forego the Receipt
thereof

p. 725

And as for your Threats of going Home without Assessing
the publick Charge you must believe It will as little affect this
Board as the members of your House; But if the Province in
the Condition It now is Surrounded with Enemys should
Suffer for want of those good Laws now reenacted & espe-
cially that for regulating the Militia & be reburthened with
another Speedy Assembly Let it lie at your Doors
We are sorry the Deference which we have & always shall
pay to her Majesty's royal Commands & Instructions is taken

p. 726