The Upper House. 163

Clergy are in no wise disappointed of their Expectation under the
Encouragement of the same
2^dly We answer that instead of depriving the Clergy of the
fourth part of the 40^l of Tobacco p Poll we have taken care in all
human possibility to make three fourths of the Allowance to them
of greater Value than the whole by making a Law to restrain the
Inhabitants from cultivating much above half the Quantity of To-
bacco (poor Excepted) which was generally tended in Order to bet-
ter the Staple thereof A Law design'd as well for Advancing the
Interest of the Clergy in particular as all the Kings Subjects in
General and to make the Abatement equal the Allowances of both
Houses of Assembly Lawyers fees and debts due to and from the
Inhabitants are Subject to the same deduction and no repeal made
of any part of that Law the deduction being to continue no Longer
than the Advantage reaped by the Tobacco Law
3^dly Nor can we Conceive how it can be any Offence to God or
Destructive to Religion for the good People of this Province to
endeavour to advance the Interest of the Clergy by attempting to
make three fourths of the 40^l of Tobacco p Poll amount to more in
value than the whole did Generally produce to the several Incum-
bents and therefore we hold it Absolutely necessary that the Bill
mentioned do pass this House seing in all Probability both Clergy
and Laity will in their Several Stations receive a proportionable
Advantage thereby

Signed p Order Geo. Plater Cl Up Ho.

A Message from the Lower House by Col^o Gale and three more
viz.

U. H. J.

By the Lower House of Assembly November the 2^d 1728
May it please your Honours
In Answer to your Message of this day by Benjamin Tasker
Esq^r we were in hopes that the reasons which were mentioned in
our message of the 31^st of October by John Beale Esq^r & Col^o Belt
why we could not depart from the words in the Judges Oath by
Addition of the words as are was Expressed in such plain words,
viz. that our Constitution would be brought into Question upon
almost every dispute might have been Satisfactory to Convince
your Honours that we cannot make the Addition you propose & we
are further Confirmed in our Resolution by the very Message which
you mention to have been sent on the third of November 1724 for
it is worthy of Observation that the words Is in that message is in
the singular number and restrained to our Usage and not to the
Laws of England and which if so designed would have been in the

p. 387