452 Assembly Proceedings, October 9-November 3, 1722.

L. H. J.

They return and Say they Delivered it

Coll: Holland from the Upper House Delivers M^r Speaker
the following Message Viz :

By the upp^r House of Assembly 8^ber the 31^st 1722
Gent
In Answer to yo^r Message of the 25^th Instant by M^r Benj^a
Mackall and Cap^t Hooper we think it proper to put you in mind

p. 63

of the previledges of our House which is invested with a right
& equall share of power in raising and Appropriating the
publick Money and if it would not Consume too much of our
Time at present, should lay before you the evil consequences
of making such possitive Agreements as yo^r House has
lately done w^th Major Sewall with out having first Conferred
with our House Thereupon in a Parliamentary way by which
means we seem to be excluded [of] our Right of Judging of the
Equity and Justice of the Severall sums to be Levied on the
people which practice we hope you will Carefully avoid for
the future.
As to what relates to the Vallue of the Land or to the Exe-
cucon of any release therefore to the publick by Major Sewall,
we do not conceive the said Sewall to have any such right to
that Land as will Qualifie him for the making any such release
thereof nor Entitle him to so great a price as Thirty Thousand
pounds of Tobacco Agreed for by your House. We there-
fore propose that Three Thousand pounds of Tobacco p
hundred Acres together with five hundred pounds of Tobacco
Charges thereon be allow'd to the s^d Sewall for such Right
as his Ancesters formerly had unto the s^d Land before they
were Estoped therein by the Act for the Continuance of
Peace with and protection of our Neighbours and Confederate
Indians in Choptank River Viz: That all that Land Lying
and being on the South side of Choptank River &c^a
shalbe unto the said Ababco Hatsawap & Tequasimo and
the people under their Government or Charge and their
Heirs for ever any Law usage Custom or Grant to the Con-
trary hereof in any wise Notwithstanding.
Sign^d p Ord^r S: Skippon Cl Up. Ho.

Coll: Ward from the upper House Delivers M^r Speaker
the following Message Viz:

By the upp^r House of Assembly Octo^r the 31^st 1722
Gentlemen.
In Answer to your Message this Day by Col: Mackall and
five others This House does Appoint Coll: Mathew Tilghman