350 Assembly Proceedings, April 26-May 3, 1704.

P. R. O.

Of this Report his Ex^ncy desires the Opinion of the Gent
of the Councill & first of M^r Coursey Who says he conceives
the Act of parliam^t of 22^d & 23^d of King Charles the Second
do not extend to this province because that the Taxes & Sub-
sidys which are raised in England are not levyed in Ireland
altho' a plantacon Depending upon England untill they are
assessd by a particular Law of that Kingdom And that wee
have severall Laws of this province of the same nature which
were never denyed in England.
M^r Sanders is of opinion that those Lycenses having been
settled formerly by severall Acts of Assembly in this province
by the Royall Authority & Consent & not otherwise the profitt
Arising thereon ought not to be applyed to any use but what
her Ma^ty shall be Graciously pleasd to assent to being Inher-
ent in her Ma^ty & of her Royall prerogative to lycense or
inhibitt.
Col^o Lloyd is of opinion the Ordinary Lycenses may be
Disposed of by the Gov^r Councill & Assembly.
Col Francis Ienkins says that his opinion is it may lye in
the Gift of his Ex^cy [and] her Ma^tys Councill & that it is not
his Opinion that the laws of England do not comprehend us
in that point in these remote parts
Col^o Hamond is of opinion that the Ordinary Lycenses are
in the Queen & that wee ought to Conforme our selves to the
laws of England
M^r Smith is of the same Opinion
Of which his Ex^cy is pleased to Declare his Approbation &
Resolved that it be proposed to the house to pass the Act for
Regulating Ordinarys in the very words now proposd for &
during the term of Eighteen Months from the end of this
Sessions or to the end of the next Sessions of Assembly
which shall first happen that the house may have no Appre-

p. 33

hension of those Lycenses being otherwise Disposed of which
was Comunicated to them by Col Lloyd
The Councill Adjourn'd till 8 a Clock to morrow Morning

Wednesday May the 3d 1704.

The Councill in Assembly Sate P^rsent as Yesterday save
M^r Rooke [sic: Brooke?] & Col^o Jenkins who had leave last
night to go home on urgent Occasions.
M^r Tilghman brings from the House the following Message.

By the house of Delegates
May 3^d 1704

The house Desire the hon^ble her M^tys Councill to Explayne
their Message of Yesterdays Date by the hon^ble Col Edward