488 Assembly Proceedings, Mar. 28-May 13, 1758.

U. H. J.
Liber No. 35
April 18

which it was enacted " that all Charges arising from Time to Time
" by Defence of the Province against any Invasion of any Enemy, or
" against any Domestic Insurrection or Rebelling against the Public
" Peace of this Province or the Government established herein, and
" under the Lord Proprietary and his Heirs Lords and Proprietors
" of this Province by an Assessment upon the Persons and Estates of
" the Inhabitants thereof " which Method of Assessment is further
" explained by an Act passed in 1661, to be an Assessment p Roll
" according to the usual Custom of this Province.

As this Matter has been the Occasion of much Altercation and
Animosity in a neighbouring Colony /if a Right to tax the Quit
Rents is claimed there/ and the Justification of the contending Parties
in the Eyes of their Sovereign will greatly depend upon it's Determi-
nation, it may be inferred from the Interest concerned on both Sides
that the Contest will be diligently prosecuted, and skilfully managed
die Subject of it fully discussed, and the final Determination of it

most suitable to the Character of a wise and equitable Judge, and as

p. 279

your Claim of a Right to tax the Quit Rents in this Province must
probably stand or fall by the Determination of a similar depending
Case this does not seem to be a proper Season for adhering to the
Claim you have lately set up, as it would imply a Supposition of the
Rights being certain and established whilst it is in Issue and unde-
termined, besides should the Passage of it not be obstructed by any
Disagreement here, & the Proprietary in Vindication of his Right
dissent to the Bill which in it's Nature must be immediately carried
into Execution /when notified to him the cancelling of £35000.
in Circulation by the Publication of his Lordship's Dissent would
prove such an Injury to many Individuals, and give such a Wound
to the Credit of the Province as would not easily be repaired or
healed.

We object to that Part of the Bill which impowers Tenants to
recoupe notwithstanding any Covenant or Agreement to the Con-
trary, because we think that no Breach of any Covenant or Agree-
ment fairly made ought to have the Sanction of a Law.

We object also for the same Reason to that Part of the Bill
which enables the Debtor against his own voluntary Contract to
retain against his Creditor.

The Bill directs that no Money shall be applied for or towards the
Pay, Subsistence, or Support of the respective Companies until
Muster Rolls and Certificates shall be returned & that the Musters
shall be taken Monthly, and that the Captain shall as soon as possible
after any Muster Roll shall be taken by him make Oath before one
of his Lordships Justices of the Peace in Manner and Form &.^c and
for every Neglect in any Captain to make and return such Muster
Rolls he shall forfeit the Sum of £ 100: