The Lower House. 631

Coll Ward and M^r Bordley from the Upper House deliver
M^r Speaker, the following Message with his Excellency's
Letter Viz.

By the upper house of Assembly

April the 22^nd 1720.
Gentlemen.

We think our Selves obliged by Duty as well as it is our
Inclination 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 Pro-
prietary and his Representative, and tho your Construction
of the Act Concerning the three pence p Tonn seems in favour
of that part which belongs to us to Espouse so far as is Agre-
able to Right, yet the Convictions of our Reason are too Strong
in this point to Disengage us from takeing on the Contrary
Argument.
The Act makes three pence p Ton payable to the Governour
for the time being, The present Governour Continues Govern-
our by his Majestys approbation according to Act of Parlia-
ment till he be Superseeded Therefore while he Continues
Governour he has right to all Dutys payable to the Governour
for the time being of which this is one.
In Case of the present Governours Absence the Gentleman
Appointed to Preside would Act as president of the Councill
but not as Governour for the time being.
In Case of the present Governours Death before another is
Commissionated the Gentleman Appointed to preside would
Act as a Governour as Coll. Lloyd Did on the death of Govern-
our Seymour in which case there was no person in being but
Coll Lloyd, that could be said to be the Governour for the
time being, but as you propose in this Case there would be a
Governour for the time being that would not Enjoy the three
pence p Ton, 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 opinions nor yours
can alter the plain Signification of the Law it Self.
Signed p Order Joh. Beale Cl: Up: Ho

L.H.J.
p. 75

M^r Speaker.
As your answer to what I Desired you to Communicate to
the house in Relation to the three pence p Ton to the Govern-

p. 76