The Upper House. 375

as are not restrained by words of local Limitation in them, and
such Acts of Assembly as were made in the Province to suit its
particular Constitution as the Rule and Standard of its Gov-
ernment and Judicature such Statutes and Acts of Assembly
being Subject to the like Rules of Common Law or equitable
Construction as are used by the Judges in Construing Statutes
in England, Which happy Rules have by his Majesty and his
Royal ancestors and also by his Lordship and his noble Ances-

U. H. J.

tors or some of them been hitherto approved by the Com-
missions of Judicature to include Directions of that nature to
the several Judicial Magistrates unless those words have at
any Time been casually and carelessly omitted by the officers
in this Province that drew such Commissions. That therefore
whoever shall advise his Lordship or his Successours to govern
by any other Rules of Government, are Evil Counsellors Ill-
wishers to his Lordship and to his present happy Constitution,
and intend thereby to infringe our English Liberties and to
frustrate in great measure the Intent of the Crown by the
Original Grant of this Province to the Lord Proprietary
Resolved further that the foregoing Resolutions of the
House are not occasion'd by any Apprehension that the Lord
Proprietary had ever infringed or ever had any intention to
infringe the Liberties or privileges of the People, or to govern
otherwise than according to the Usage and Custom of the
Country since the first settlement thereof, but merely to Assert
their Rights and Liberties and to transmit their sense thereof
and of the nature of their Constitution to Posterity without
the least Design of reflecting upon any person whatsoever.
Signed p Ord^r M: Jenifer Cl Lo. Ho.

Then the House went upon the supplementary Tobacco Bill,
and order'd the following Endorsment to be made thereon
(viz.)

By the Upper house of Assembly Oct^r the 31^st 1722

Upon reading the within Bill We are of Opinion that the
taking away the Limitation of Time for planting, with the
repealing of the two Paragraphs in the Act for preventing
the making of trashy Tobacco and in that other Act explana-
tory thereof, wherein certain fines are imposed u'pon the
makers of Trashy Tobacco and in Lieu thereof imposing a
severe fine with other Discouragements upon such persons
as shall be Assiduous in discovering all unqualifyed Tobacco
will render the good Intentions of the makers of the former
Acts ineffectual, and wholly defeat the Legislature in their
provident Endeavours for the Improvement of the Staple of

P. 36