The Lower House. 517

on him by the Justices of Oyer and Terminer and Goal
delivery for Annarundell County and City of Annapolis I say
received by vertue of the Right honourable the Lord Proprys
Comision approved by the R^t Honble ffra: Lord Guilford his
Guardian the day & year above mentioned.
Charles Carroll.
July the tenth 1716

Then received of William Fitzredmund Sixty pounds
Current money in Satisfaction of four severall fines, one for
five pounds Imposed on the said Will"1 for an Assault made
on a certain Jn^o Novarr another for the same account for ten
pounds & a third on the same account for fifteen pounds & a
fourth for drinking the Pretender's health for thirty pounds, I
say received by vertue of the Right Honble the Lord Proprys
Comission approved of by the Right Honble Francis Guilford
his Guardian the day & year aforsd Charles Carroll

Whereupon It is Ordered that the said Charles Carroll be
required to attend this house, to shew his qualifications to
execute the said Commission. The said Charles Carroll
accordingly appeared & Mr Speaker asked him whether he
had received the said fines by vertue of the said Comission
and whether he had taken the oaths before he executed the
said Comission Who did answer that he did receive the said
fines by vertue of the said Commission but never qualified
himself by takeing the oaths, And that his Excellency the
present Governour tendered him the oaths and that he refused
to take them, for that he knew no law but the Act of Assembly
made the first year of the King that Requires the takeing
any, and that act directs the takeing of the oath of abjuration
which he refused to take.
Thereupon Nemine Contradicente — Resolved that the said
fines and forfeitures doe belong to the right Honble the Lord
Propry by his Prerogative and are not any part of his private
Estate.

And also Nemine Contradicente — Resolved the said Charles
Carroll receiving the said fines without takeing the oaths
is contrary to the known laws of this Province and an
Inroade upon our Constitution

The house adjourns till 8 a Clock to morrow morning.

L. H.J