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L. H. J.
Liber No. 54
Nov. 20
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Sir November 10:th 1770
We return your Excellency our Thanks for the Communication,
you have favoured us with, of the Charge cast on our Conduct, by
the Lower House of Assembly, and the Opportunity we have thereby
of vindicating our Conduct. When the Act regulating the ffees of
Officers, and of ourselves among the rest fell, we thought it ex-
pedient to direct our Clerks to receive, or secure the ffees which
might arise, for Services that might be applied for; We apprehend
and still think that we were not bound to perform Services, without
receiving or securing a Reward for them, and in setling our De-
mands, we thought the Regulation established by an Act of Assembly,
and which was in fforce till the 22:d of last Month, would be a
proper Rule, and therefore directed that the ffees, should be charged
according to that Regulation, and paid or secured in the following
Manner. By those who made no Tobacco in Money after the Rate
of 12/6 Common Money for 100:lb of Tobacco, by those who made
Tobacco to be secured by their Promissory Notes — We directed no
Oath to be tendered, nor spoke of any Proclamation, and suppose that
the Clerk, if he did administer an Oath, was led to do it by this
Circumstance, that being directed to observe the late Regulation as
above, and to distinguish between those who were Makers of To-
bacco, and those who were not, and the late Regulation having
required an Oath, in such Case, therefore might administer it. As
to his Lordship's Proclamation, we need not inform your Ex-
cellency, that none ever issued respecting the ffees of the Land
Office, and therefore could not refer to it; but the late Proprietor,
considering it to be an Office concerning his private Revenue, claimed
a Right to direct on what Conditions his Lands should be granted,
and we humbly conceive that his Claim was justly founded. We beg
Leave further to observe to your Excellency that our Directions were
more indulgent to the People than the Orders which were given by
Gov.r Hart as Chancellor of this Province, when upon the Lower
House of Assembly refusing to receive and continue an Act for the
Regulation and Payment of Officers ffees which expired in 1719
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p. 188
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while the Assembly was sitting he directed the Person who had been
appointed to affix the Great Seal, on no account to Affix it to any
Paper, either of a publick or private Nature unless the Party apply-
ing should instantly pay for the Service, according to the Rate which
had been prescribed by the Act that had lately expired. Should his
Lordship or his Governor for the Time being think proper to regulate
the ffees of this Office, we shall have no Scruple in demanding such,
and until then, shall proceed according to the above Directions
We have Sir, the Honour to be with the greatest Respect & Regard
To his Excellency Y.r Mo. Obed.t Serv.ts
Rob.t Eden, Esq (Signed) Bened.t Calvert
[A Copy] Geo. Steuart
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