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think fit to depute for that Purpose, hath the Disposal of those several
Articles, yet we contend, that Power in it's nature is but restrained,
and that he is not at Liberty to put them into his own Pocket, nor to
dispose of them otherwise than for the Ease and Welfare of that
People for whose Benefit and Protection that Trust is raised: And
we are in some Measure supported in this Opinion, by that Distinc-
tion taken by your Excellency, between the Fines and Forfeitures
at the Common Law, which you say " are as much his Lordship's
Right as any Thing else can possibly be," and those appropriated by
Acts of Assembly to the support of Government; whereby you seem
to intimate, that these latter are not " as much his Lordship's Right
as any Thing else can possibly be "; but that they are levied by virtue
of those Acts of Assembly for the Support of Government, and are
therefore in Trust for that particular Use, and as such ought to be
accounted for. Nor can we imagine that the Fines and Forfeitures
at the Common Law are more his Lordship's Right than the others ;
for they are both levied on the People, and are paid to him or his
Officers, as he is Governor of this Province, and in that Publick
Capacity only; and if the Time should come when he shall be divested
of this Government, there is little Doubt but that both Kinds of Fines
and Forfeitures will consequentially follow, and be vested in, his
Successor, in the same Capacity, and in Trust for the same Uses and
Purposes, as now they are in him.
And altho' your Excellency is pleased to say that if the Agents
and Officers who have received those Fines and Forfeitures have
accounted for them to the Lord Proprietary (which you say you
take for granted) they have done their Duty, yet we must beg leave
to differ from your Excellency: For besides that we cannot take it
for granted, that they have accounted for them in that manner, if by
" accounting for them to the, Lord Proprietary " your Excellency
means they have paid them to him; we must further humbly contend,
that tho' they have done so, yet have they not done their Duty: For
if those Fines and Forfeitures be a Part of the publick Treasure of
this Province, as we humbly conceive they are, we think they are not
to be paid to any Person out of it, but are to be retained in it, to sup-
ply the Calls and Occasions of this Government; and thereby to pre-
vent as well the necessity, as far as they would extend, of loading
and oppressing the People here with Taxes to supply such Occa-
sions; as that of this House to go beyond the Limits of this Prov-
ince, for an Account of Money, or other Thing, actually raised and
levied within it for the Use of the Publick: And this we appre-
hend was their Duty to have known, and to have acted accordingly.
But whether these Fines and Forfeitures have been already ac-
counted for to the Lord Proprietary, or not; we hope it does not put
it out of the Power of those Officers, nor prevent your Inclination
to order them to lay Copies of those Accounts before us: And altho'
your Excellency should not be able, from the Death of several of the
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L. H. J.
Liber No. 46
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