The Upper House. 9

acquaint our Council with, that in Case of the absence or
death of our Leiv^ts Gov^r for the time being the first pson of our
Councill then living and actually resideing in our said Prov-
ince of Maryland And upon his death or Absence the next
pson of our said Councill actually living & residing as af^d

U. H. J.

successively shall Imediately take upon him the Government
of our said province and shall with the advice & Consent of
our Councill for the time being Execute the powers and
Authorities which were or shall be given to such Governour
in Relation to the Government untill the Return of such Gov-
ernour if absent or untill our pleasure be further known
therein.

5th And we do hereby Impower the President of our Coun-
cill who dureing the Absence or upon the death of our Leivts
Gov^r shall take upon him the Governm^t as af^d to demand and
take of our receiver Generall dureing his Administration out
of such mony as shall be raised by Vertue of the af^d Acts
ascertaining the Gauge & Tare of Tobacco hogsheads &c. the
Sume of five hundred pounds p annum And our Receiver
General is directed to pay it accordingly.

His Excellency Declares to this house that he is Comanded
by the Lord Propry to swear M^r Henry Lowe a member of his
Lordships honble Councill in the Room of Thomas Greenfield
Esq^r dec^d

Whereupon the said M^r Lowe being sent for appears and
takes the severall Oaths appointed to be taken by the Act of
Assembly of this province, and also the usual Oath of a
Councellor & Takes his place.
His Excellency Communicates to this house an Article of
their Lordships Instructions to him, Viz.

P. 12

Article 13. Whereas in the Act made last Sessions of As-
sembly entituled An Act for the better security of the peace &
Safety of his Lordships Government and the Protestant In-
terest within this Province there are these words following.
That no pson or psons whatsoever shall be Capable of hold-
ing Executing & Enjoying any office Deputation or Trust
within this Province whatsoever shall presume to Execute
or Injoy any such Office Deputation or Trust Contrary to
the True intent & meaning of this present Act, the Comission
Deputation or Authority of such pson or psons is made Void
and he or they are to Suffer the penalties as by the said Act
is declared
which words to some seems so general that they think the
trusts Authorities or Powers granted between man & man in

p. 13