The Upper House. 403

The Several Queries put to Mr Carrol the 19th Instant &
his Answers thereto Viz.
To the 1st He answers that he said nothing to their Lord-
ships about the Acts of the 12th & 15th of King Charles the
second in the Quere specifyed Being very well Satisfied that
there was nothing in those Acts that could hinder the sd Lord
Proprietary as Hereditary Governour of Maryland from grant-
ing the Commission under Consideration And knowing like-
wise very well that the sd Lord Proprietary's Ancestors always
gave such Commission's themselves and not their Lts or
Deputy Governours And that the Execution of those Com-
missions was always committed to the Lord Proprietary's
Receiver General And as for the Act of the yth & 8th of
King William the Lord Proprietary & the Lord Guilford his
Guardian ordered him to wait on the Commrs of his Majesty's
Customs in London in order to qualify himself pursuant to
that Act which he has accordingly done as appears by an
Instrument from the sd Commissioners
To the 2nd That He did not tell the Secretary of the
Commrs what he would do when He came upon the place of

U. H. J.

Executing his Commission because He thought it needless to
tell he would do what was necessary. The granting the
Commission & the Acceptance thereof must be Supposed to
be in the Execution attended with all necessary & required
Qualifications And that there is no Oath required by the
Statutes in the first Querie mentioned but what He is ready
& Willing to take and knows It is requisite he should take

an Oath for the true & punctual discharge of his Office which

He is ready to do
That the Commrs of his Majesty's Customs did not require
him to make a profession of his Faith And that He believes
It would be looked upon as impertinent in him to go about it
before that Board
To the 3d That he took the Offices upon him in the
Querie mentioned because he has for some years past been
Entrusted with all of them that lay in the Proprietary's An-
cestors to grant without being in the least called in Question

on any Act while the Governmnt was immediately in the

Crown And since his Majesty's Justice has restored the Lord
Proprietary to his Hereditary Right of Governing this Prov-
ince he thinks himself Safe in Serving his Lordship in all the
Offices specifyed in the Querie till his Ldships Pleasure be
known concerning the Act of Assembly taken notice of which
was never assented to by the late Queen And as I Conceive
stands repealed by an Act made in the first year of his pres-
ent Majesty Which requires to take the Oath of Abjuration,

p. 199