550 Assembly Proceedings, April 5-22, 1720.

U.H.J.
p. 105

By the Upper House of Assembly Aprill the 22^d 1720

Gentlemen. We think ourselves Obliged by Duty as well
as it is our Inclinations to Act according to the Best of our
Judgments for the Service of our Country And in a particular
Manner for the Preservation of the Prerogative Lodged in
our Lord Prop^ry and his Representatives and tho your Con-
struction of the Act concerning the three pence p Tonn Seems
in favour of that part which belongs to us to Espouse so farr
as is Agreeable to Right, Yet the Convictions of our reasons
are too Strong in this point to Disengage us from taking up
the Contrary Argument.

The Act makes the three pence p Tonn payable to the Gov^r
for the time being, The present Gov^r Continues Gov^r by his
Majestys Approbation according to Act of Parliament till he
be Superseeded ; Therefore while He Continues Gov^r he has a
right to all Duties payable to the Gov^r for the time being of
which this is one.
In Case of the present Gov^rs Absence the Gentl appointed to
preside would Act as President of the Councill but not as Gov^r
for the time being
In Case of the present Gov^rs Death before another Com-
missionated the Gentl appointed to preside would Act as Gov^rs,
as Col Lloyd did on the Death of Gov^r Seymour in which Case
there was no Person in being but Col Lloyd who Could be
said to be the Gov^r for the Time being but as you propose in
this Case there would be a Gov^r for the time being that would
not Enjoy the three pence p tonn which as we take it would be a
Contradiction to the Express Letter of that Act. We frankly
communicate to you the Reasons of our Opinion And should
be glad to know the Reason of yours that we might Come to a
right understanding in this matter Tho on the whole we must
conclude that neither our Opinion nor Yours can alter the
plain Significance of the Law itself.
Signed p order Jn^o Beale Cl. Up House

p. 106

The foregoing Message with the following Lett^r Sent to the
Lower house by Col Ward & Esq^r Bordley who return and Say
they Delivered the same.

Which Letter is as follows, Viz

M^r Speaker. As your Answer to what I Desired you to
Comunicate to the house in relation to the three pence p Tonn
to the Gover^r was that it is the Sense of the house it is due to
the person Presideing in the Absence of the Gov^r, And Accord-