Assembly Proceedings, March — April 1671. 243

The House thereupon took into their Consideration the
Default of M^r James Browne Who being Elected as one of the
Deputys & Delegates of Baltimore County and being Sum-
moned by his Lordship's Writt hath not attended his Service
of the Country in this General Assembly but in Contempt of
his Lordship's said Writt and this House hath taken a Voyage
for New England
And having resolved in the Affirmative that his Lordship's
said Writt with the Limitations & Directions therein were
Sufficient to Capacitate the Freemen of each County of this
Province to Elect their several Members or Representatives to
serve in this Assembly the Persons so Elected being Qualifyed
as in the Writt is mentioned And it being also upon the
question put Resolved and Adjudged by this House that the
said James Browne was duly Elected and yet that he departed
in Contempt without Sufficient Licence
This House proceeded to his Fine

Ordered thereupon that the said James Brown be for his
Contempt af^d fined forty pounds Sterling
The Question put how the said Fine should be levyed & to
whom paid when levyed
Passed in the Affirmative of the major Part that the said
Fine of 40^£ Sterling should be Levyed out of the Estate of the
said James Brown in this Province the one Moiety to the use of
his Lordship the Lord Proprietor & the other moiety thereof
to the Use of the publick

U. H.
Journal
1659-98

This House having reassumed the debate concerning the
fine aforesaid, and the Question being put if it were not neces-
sary to acquaint his Honour the Cap^t General and the Upper
House with the Resolves and Vote of this House touching the
said Fine & the Disposition thereof and to desire their Con-
currence therein and Assent thereunto And a Member of this
House moving that the said Moiety of the said Fine to be
Levyed and paid to the publick Use may be imployed towards
the Building of a Prison at S^t Marys'
Resolved in the Affirmative Nemine Contradicente that It is
necessary to acquaint his Honour & the Upper House with
these Votes and Resolves and to desire their Assent thereunto.
And Ordered that M^r Henry Adams M^r Luke Gardiner M^r
John Bolls & M^r Henry Tripp do Carry up the said Resolves
and Votes of this House and desire their Concurrence therein
and Assent thereunto And that the same Member do also
Carry up the Petition of Mr Henry Tripp with the Answer of
this House thereupon —
Signed by order of the Lower House of Assembly
Robert Carvile Clk

p. 175