xviii Letter of Transmittal.

common and statute law. The house concurred with this report and registered
its protest.

In addition to the two bills just summarized, the Lower House July 8th,
passed a bill to prohibit the export of provisions, ammunition, and warlike
stores which might reach the French. The desirability of such a law was obvious
and was urged by Sharpe on the ground that similar legislation had been enacted
recently by several other colonies. This bill which was drawn up in the Lower
House, contained the provision that one-half the fines and forfeitures under it
were to go to the informer, and the other half to the government to defray the
expenses of couriers to Fort Cumberland; or if there was a surplus, it was to be
applied by the Assembly, under the Supply Bill for His Majesty's service, to
defray the expenses of the expedition to the western frontier. The bill was
amended by the Upper House so that the fines should be divided into three
parts: one-third to the informer, one-third to the government, and one-third to
the Lord Proprietary. The Lower House refused to accept the amendment giving
one-third the fines to the Lord Proprietary and ordered the bill printed in the
Journal of its Votes and Proceedings. A similar principle was involved here
as in the case of the fees received from ordinary licences, the Proprietary claim-
ing as his own fines and forfeitures from all sources, the Lower House asserting
that these belonged to the public. This bill had been introduced to replace an act
for the same purpose which had been passed earlier in the same session, under
which it was provided that the fines should be divided, one-half to the informer
and the other half to be expended by the Assembly as it saw fit for His Maj-
esty's service. The bill passed earlier in the session was allowed to stand.

The inevitable Roman Catholic question came up again at this session. A
resolution was introduced in the Lower House, and passed unanimously on
July 2d, that the well-known English Statute of I William and Mary, Chap.
XVIII, against the Catholics be extended to this Province, and it was further
resolved that the Governor be asked to issue a proclamation commanding all
magistrates and officers to enforce the statute. This statute, among other restric-
tions, excluded Roman Catholics from holding any public office. The Lower
House in an address July 3d to the Governor, adopted by a vote of 41 to 6,
called to his attention that Popery was countenanced in the Province and its
growth encouraged, and that the people had the mortification of seeing Roman
Catholics promoted to offices of greater profit, when they should have been
removed from all offices. This address pointed out that Henry Darnall, the
Attorney-General, and his brother, John Darnall, although now apparently con-
forming, had been educated in a foreign Popish Seminary and were now edu-
cating their children in this religion. It was further declared that undue leniency
had been shown by the Governor towards certain notorious criminals, and those