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

L. H. J.

Law lately made without having regard to severall 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 folows Viz. the
Law made in the year 1670/1 first rais'd the one Shilling p
hh^d payable to the Lord Prop^ry for the Support of Government
and for the payment of Sallaries to the Councill & for main-
taining a Magazine in this Province which Law Stood Con-
tinued from Time to Time till the Year 1692 when the Gov-
ernment was under the Administration of the Crown, and
then a Law was made for raising fourteen pence p Ton on all
such Ships or Vessells Trading Within this Province out of
Which a standing Sallary of Thirty pounds p annum was to
be Allowed to all such Counsellours as did not hold any place
of profit in the Government; and likewise another Law for
raiseing the one Shilling p hh^d af^d and applying it to other
uses in the Government. For it would not be supposed that
any part of it was intended for the Support of the Councill
when they were provided for by another Law; but upon the
makeing of the Law for applying the fourteen pence p Ton
Toward the Support of the Councell, and for defraying other
Charges in Government my Lord Prop^ry who knew he had a
right to the fourteen pence p Ton by his Prerogative (as we

p. 116

are informed) Applyed himself to the King and Councill in
England and procured an Order to have the fourteen pence
p Ton restored to him Again & has ever since recovered it
to his own proper use by which means the Councill became
destitute of any Allowance, the one shilling p hh^d being before
applyed Another way, as has been before observed. Upon this
the Legislature took their Case into Consideration & made
them an Allowance in the Publick Levy which has been done
annually ever since for above thirty years past and the one
shilling p hh^d was annually apply'd to Other uses in The
Government According to the Directions in the Law made in
1692 af^d and Other Laws to the same purpose untill the year
1715 after the Government was again restored to the Lord
Prop^ry in which Year an Act of Assembly was again made
which advanced the af^d one shilling p hh^d to fifteen pence
p hh^d Three pence of it to be applyed towards the Support of a
Magazine and the other Twelve pence to the then Governour
for his own proper use. Thus the one Shilling p hh^d was
applyed solely for the Support of a Governour & only thought
sufficient for. that purpose Exclusive of any Other Application,
but the Lord Prop^ry after some time being dissatisfied that
the Sallary of his Governour should be paid to himself, inde-
pendent of his Lord^pp & Knowing the ill Consequences that