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

P. R. O.

to his office, The said Petition was referred to the Lords
Com^rs of Trade and Plantations and theire reporte being
considered by his Majestye in Councill Sir Thomas Laurence
was relieued in one of the aggrievances complayned of, but
as to the other, which was that the assembly had invested the
profitts, ariseing from ordinary Lycences in the pson of Gov-
ern^r Copley, his Majesty onely Declared th^t act void, thereby
Discountenanceing the giveing those profitts, to the Govern^t,
Now considering this affaire was Strictly Examin'd by the
Lords of the Committee of Trade and plantations, and upon
their Report afterwards considered by the King in Councill
and his Majesty neither claymeing itt to himselfe and his
successors, as apart of the Royall Revenue, nor takeing any
notice of Sir Thomas Laurences claymes to such profitts
ariseing as afores^d Wee are of opinion that his Majestyes
Councill whoe are Learned in the Law did not think those
profitts were any part of the Revenue of the Crowne of
England
2^d The Statute made in the 22^d & 23^d of Charles the
Second which invests the money ariseing from granteing
Licences for Selling wine, and other Liquors in the pson of
the King of England and his Successors is limitted and
restrained to the Kingdome of England, Dominion of Wales
and Towne of Berwick upon Tweed, Which wee conceiue
doth not Extend to the Plantaons, and wee are the more
inclined to belieue, that is the true meaneing of th^t Statute,
For as much as the Lords Com^rs of trade and plantations
haue not given itt his Excy in charge to convert the Profitts
ariseing from ordinary Lycences to her Majestyes proper
use, Nor was itt claymed by his Majestyes great and Learned
Councill in the Law, when the matter of right to those
Licences was debated among them in the case of Sir Thomas
Laurence, as in the foregoing reason is Expressed.
3^d Wee are of opinion that noe Loane or Tax can be
Leavyed upon any pson whatsoever keeping a Publick house
within this Province, unless by a particular act of Assembly
provision be made for leavyeing such Loane or Tax, & that
wee conceiue to be an inseparable Evidence why the Stat
of the 22^d & 23^d of Charles the 2^d doth not Extend to us in
this province for if that Stat gaue her Majestye a R^t to
ordinary Licenses here, then as the Laws of England

p. 45

Supsede all our Laws there would be noe need of makeing
a Law here, but as we are of opinion that that Statute is not
sufficient to warrant the leavying of any Loane or Tax, upon
any Keeping publick houses, soe in like mann^r wee are
of opinion that itt giues her Majesiye noe right to any
Loane or Tax layed upon such psons, as haue Licence