556 Assembly Proceedings, September 23-October 26, 1723.

U. HJ.

one Shilling p hhd was raised for maintaining his Ldp's Lieut
Governor for the Time being, and for such other necessary
uses tow^ds the Support of Governm^t as to his Ldp should seem
meet; from whence you infer that the one Shilling levyed
Anno 1717 ought to be Applied to the same uses as that in
Anno 1670/1 and Conclude that his Ldp is oblidged to main-
tain his Council out of the aforesaid one Shill p hhd.
We cannot but think you very much mistaken in your
arg^t & Conseqtly in your Conclusion for to have Re-

P. 109

course to a Law made forty or fifty years ago to Explain a
Law lately made without having Regard to several Laws
intervening relating to the same Duty but under different
Applications must certainly be an erroneous way of Proceed-
ing. We therefore take the Liberty in the best manner we
can to state the Case as we Conceive it to be as follows viz.
The Law made in the Year 1670/1 first Raised the one
shilling p hhd payable to the Lord Proprietary for the support
of Government and for the Payment of Salaries to the Coun-
cil and for maintaining a Magazine in this Province w^ch
Law stood Continued from Time to Time till the year 1692
when the Governm^t was under the Administration of the
Crown; and then the Law was made for raising 14 pence
p Tunn on all Ships or Vessels tradeing within this Prov-
ince, out of which a standing Salary of 30 Pounds p An-
num was to be allowed to all such Councillors as did not
hold any places of Profit in the Government, and likewise
another Law for raising the one Shilling p hhd aforesaid and
Applying it to other uses in the Government for it could not
be supposed that any part of it was intended for the Support
of the Council when they were provided for by another Law
But upon the making of the Law for the applying the 14 pence
p Tonn towards the Support of the Council and for defraying
other Charges in Government My Lord Proprietary who

p. 110

knew he had a Right to the 14 pence p Tonn by his Prerogative
(as we are informed) applied himself to the King and Council
in England and procured an Order to have the 14 pence p Tonn
Restored to him again and has ever since received it to his
own proper use, by which means the Council became destitute
of any Allowance the one Shilling p hhd being before Applied
another way as has been before Observed. Upon this the Leg-
islature took their Case into consideration and made them an
Allowance in the Publick Levy, which has been annually Done
ever since for above thirty years past and the one Shill p hhd
was annually applied to other uses in the Government
According to the Directions of the Law made in 1692 afore-
said, and other Laws to the same purpose untill the Year 1715
after the Government was Again restor'd to the Lord Pro-