548 Assembly Proceedings, July 17-Aug. 10, 1716.

L. H. J.

his faith &c: that he believes it would be lookt upon as
Impertinent in him to goe about it before that Board and yet
at the same time he might have made such profession.
To the third Querie how he came to take upon him the
office of Escheator Gen^ll in this Province (which is an office
of Record) and the office of Navall officer as well as receiver
generall of the publick revenue of this Province when he knew
his Intention of not takeing the oath of Abjuration Enjoyned
by the Act of Assembly of this Province which has been since
tendered to him and he has refused to take and subscribe,
He answers that he took offices upon him in the Quere
mentioned Because he has for some years past been trusted
with all of them which lay in the Proprys Ancestors to grant
without being in the least called in Question on any act while
the Governm^t was Immediately in the Crown — When at the
same time it is known to all the public officers here that he
never was appointed or exercised the offices of Escheator
Gen^ll Navall officer Generall or the receiver Generall (of the
Lord Propry Excerciseing the Governmt of this Province)
before he obtained the present Comission by which he now
claimes those offices.
It is further Remarked that as to the Act of Assembly
which requires all officers here to take the oath of abjuration
mentioned in the said Querie the time of Enacting the said
law is in the said Querie mistaken It being (as he answers)
Enacted in the first year of the Reigne of his present Maty he
does not take the law to be any Barr to his Excerciseing those
offices, It not haveing been (as he says) under his Matys
consideration before he was Graciously pleased to reinstate
his Lordship, By which position if granted all the laws of this
province Enacted the last Sessions are of no Effect tho they
were Enacted under the Authority of his Matys great Seal of
great Brittain, and before any Judicial notice of his Matys
gracious pleasure to restore the Lord Propry to the Governmt
here which does not appear to be before the Ist day of July
1715 before which time the said laws were Enacted under the
Comon and Instructions from the Crown by which former laws
had been usually made and which were usually deemed to be
in force, here till his Matys pleasure Known to the Contrary
neither does their Efficacy comence directly from his Matys
consideration of them but from the time of their being past
here, as to the latter part of his answer to the said Querie it is
purely a panegerick upon his own deserts.

p. 192

To the fourth Querie which Mr Carroll thinks fitt to Sub-
joyne to the third who are the present Surveyors Gen^ll of this
Province and who are to be their Deputys, His answer is that