Order, with the Advice of his Majefty's Privy Council thereon: And have also acquainted themselves with the uncomfortable and repeated Difputes that happen'd between your Excellency and the late Houfe of Reprefentatives, touching his Majefty's 23d Inftruction; and cannot but observe, that altho' that Houfe did not comply with the Inftruction, yet they manifefted a fincere and hearty Intent that his Majefty's Government might. be fupported in an ample and honourable Manner; and for that Purpofe feveral Times came into Refolves at the Seffions, granting confiderable Sums in particular for your Excellency's Support, according to the Dignity of your high Poft and Station. And doubtless that Houfe had not fhewn fuch an Averfion to a Compliance with the aforefaid Inftruction, had they not fuppofed that a Compliance therewith would have infringed certain Rights and Privileges inherent in all his Majesty's Subjects by Magna Charta, as well as those vested in the General Court by the Royal Charter, and they thereby inftrumental of depriving his Majefty's good Subjects inhabiting this Province, of the Rights and Liberties they have been in the free and uninterrupted Use and Enjoyment of.

We beg Leave farrher to fay to your Excellency, That, in our humble Opinion, fhould we comply with his Majefty's 23d Inftruction, as now explain'd, we fhould very apparently weaken, if not destroy, a very valuable Privilege belonging to the House of Reprefentatives, and every free-born Subject of his Majefty; but we can, and do, with the utmost Sincerity and Freedom, affure your Excellency, that it is the unanimous Defire of the Houfe, that your Excellency may be honourably fupported, and enabled, out of the publick Treasure of this Province, to carry on the Publick Affairs of the Government.

The Seffion which began the laft Wednesday in May laft, was of fo fhort a Continuance, the Houfe then had not Opportunity to do any thing on this Head; but when the Court met the 25th of June laft, the Day they were prorogu'd to, the House paffed a Refolve for the Supply of the Treafury, and were folicitous it might pafs the whole Court, that fo the Government might be fupported and maintain'd according to the Dignity thereof; and, on the Day they were again prorogu❜d, the Houfe pafs'd a Vote to enter upon the Confideration of your Excellency's Allowance in the Afternoon, but

were

were prevented by your Excellency proroguing the

Court.

And that your Excellency may now reft entirely fa tisfy'd that this Houfe intend nothing lefs than that you should be honourably and amply fupported, they have, agreeable thereto, come into a Refolve for that End, which is fent up to the Honourable Board for their Concurrence, and fincerely defire it may have your Excellency's Confent. And as this prefent House, as well as the former, have thus acted, touching your Excellency's Support, we doubt not but fucceeding Affemblies will do the fame.

Salem, Aug. 23, 1729.

Thefe Anfwers not being Satisfactory, the Governor adjourn'd the Affembly to meet at Cambridge the 27th of the fame Month of Auguft, on which Day they being then and there met accordingly, his Excellency the Governor fent the following Meffage.

Meffage to the House of Reprefentatives of the Maffachu fets Bay, viz.

Gentlemen of the House of Reprefentatives,

OU have in your Meffage to me of the 23d Inftant, fully exprefs'd your Refolution to perfift in a Refufal to comply with his Majesty's 23d Inftruction, tho' you have feen the Judgment of the Crown upon the Conduct of the late Houfe of Reprefentatives. If that Determination has fo little Weight with you, it must be in vain for me to offer Reafons to perfuade you; but I can't help obferving to you, that it feems very unaccountable in you, to expect any Countenance from a British Parliament, at the fame Time that you take upon you to condemn a Compliance with the 23d Inftruction, for fettling a Support of the Government, as an Infringement of certain Rights and Privileges inherent in all his Majefty's Subjects by Magna Charta, when you can't but know, that as it is now explain'd, it is conformable to the Practice of that Auguft Legislature. It has a strange Appearance, that you fhould undertake to understand Magna Charta better than themselves, when you know that they are and will be your Judges. It is with as little Foundation that you pronounce fuck Compliance, an Infringement of the Rights and Pri vileges vefted in the General Court by the Royal Char

`ter;

ter; whereas the Royal Order in Council declares, That the Words in the Charter fhew the Intent of granting the General Court the Power of raifing Taxes to be, that they should do it for the Service of the Crown, in the neceffary Defence and Support of his Majesty's Government of the faid Province, and the Protection and Prefervation of the Inhabitants; and that therefore the refufing or neglecting to make due Provifion for the Support of his Majefty's Governor, who is fo effential a Part of the Government, muft be look'd upon as act ing contrary to the Terms of the faid Charter, and inconfiftent with the Trust repofed in them thereby. But while you are fo tender of the Privileges granted to the General Court by the Royal Charter, it might be expected, that you would have been careful not to break in upon them yourfelves; and yet in this very Meffage you remind me of a Proceeding of your own, which I can prove to be contrary to the Charter: Your own Words are, That when the Court met the 25th of June laft, the Day to which they were prorogu'd, the House påfs'd a Refolve for the Supply of the Treafury, and C were folicitous it might pafs the whole Court, that 'fo the Government might be supported and maintain'd

according to the Dignity thereof. Now this Refolve for the Supply of the Treafury, is defign'd to divest the Governor and Council of the Powers granted to them by the Charter, and tends to deprive his Majefty of the Right to difallow any Law referved to him thereby, as will appear by comparing the Words of the Charter, with thofe of the Refolve. The Charter gives the Ge neral Court Power to impofe and levy proportionable < and reafonable Affeffments, Rates, and Taxes, upon 'the Eftates of all and every the Proprietors or Inhabi

tants of the King's faid Province or Territory, to be ⚫iffu'd and difpofed of by Warrant under the Hand of 'the Governor of the faid Province for the Time being, દ with the Advice and Confent of the Council, for the King's Service, in the neceffary Defence and Support of the Government of his faid Province, and the Protection and Prefervation of the Inhabitants there, according to fuch Acts as are or fhall be in Force with in his faid Province." The Refolve for the Supply of the Treafury Impowers the Treasurer to emit 20,000% being already in his Hands, and receiv'd for Taxes and Impofts, &c. to be iffued out, and difpofed of, by Warrant under the Hand of his Excellency the Go6 vernor,

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vernor, with the Advice and Confent of the Council, 19,scol. whereof fhall be apply'd for the Payment of all Grants, Premiums, and Stipends, establish'd by Law for the defraying and paying the Charge of Cafle William, and the other Forts and Garrifons, Tranf ports, Mufter Rolls of Soldiers and Sailors, Allowan ces, &c. and all other Accounts of Charges paffed on for Payment by this Court.' I have repeated the Claufes fully, that any impartial Perfon may judge of the Oppofition between them.

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By the Charter there are to be A&ts in Force, accor ding to which, the Governor and Council are to iffue and difpofe of the Taxes for the King's Service. By the Refolve, the Charge of Caftie William, and other Forts and Garrifons, Tranfports, Mufter-Rolls of Soldiers and Sailors, Allowances, and all other Accounts of Charges, are to be paffed on for Payment by the General Court, before the Governor and Company can dif pofe of any Money for thofe neceffary Branches of his Majefty's Service. In this Manner has the Houfe of Reprefentatives, ever fince the Year 1721, wrested this Trust out of the Hands of the Governor and Council, who had always before enjoy'd it without Interruption; and this by no Law, but only by a Refolve, that fo his Majefty might have no Opportunity to difallow it, according to the exprefs Words of the Charter, That Orders, Laws, Statutes, and Ordinances, are to be tranfmitted to the King, under the publick Seal, for his Approbation or Difallowance. And this is the very Thing that Mr. Attorney and Solicitor General obTerve upon the third Charge of Governor Shute's Complaint, that may prove of very extenfive Confequence, c. that attempting to pafs Proclamations by the whole Legislature, feems to be to give fuch Ordinances or Proclamations, the Force of Laws in the Province; which is an Innovation of very dangerous Tendency, fince they don't find that those Órdinances are ever fent over for his Majesty's Approbation. From whence the People may in Time be taught to look upon Acts or Orders of the General Affembly as Laws, tho' they are known never to be tranfmitted for the Royal Allowance, which is directly contrary to the Charter, and will tend to weaken their Dependence upon the Crown of Great Britain. And yet what they fear fo much, is become the daily Practice both in the Supply of the Treasury, and in fetting afide the Effect of Laws in Force, by bare

Orders

Orders of the General Court upon private Concerns, which cannot legally be done any other Way than by a private A&t.

I have fhewn with how little Regard you treat the Royal Charter; I leave you to confider of the Decency of your last Offer to me, after that her Majefty in Council has fignify'd her Apprehenfion, that your former Offer was only made to tempt me to give up his Majefty's Inftructions. This Apprehenfion will plainly ap pear to be founded on the jufteft Sufpicions, to any that have feen the Meffage of a former Houfe of Reprefentatives to Governor Shute, in July 1721, wherein they acquaint him, That it has been the conftant and wellapproved Practice of the Houfe of Representatives, to have all Aas, Refolves, Elections, and Determi nations of the Court, fully compleat and iffued, be 'fore they enter upon Allowances and Gratuities; and that it is no little Concern to the Houfe, to fee his Excellency prefs the Matter of his Allowance fo far • as he hath done. This fo unparliamentary a Method, and fo vifibly defigned to compel a Governor to pafs every Thing that is brought before him, how contrary foever to his Inftructions, that it can deferve no better a Name, than that of a Temptation to him to break them. And now, Gentlemen, I must conclude with ob ferving, that after fuch Declaration from the Crown, if you will not comply with his Majesty's Inftruction, you might at least forbear to repeat your Endeavours to feduce one of his Servants from his declared Duty. Whatever may be your Sentiments, I affure vou, that I am firmly refolved to accept of nothing but what is exactly conformable to the Orders of the Crown.

Aug. 27th, 1729.

W. Burnet.

On the 2d of September following, his Excellency fent another Meffage to the House of Representatives, which is as follows.

Gentlemen of the House of Representatives,

T is not with fo vain a Hope as to convince you, that I take the Trouble to answer your Meffages, but, if poffible, to open the Eyes of thofe deluded People whom you reprefent, and whom you are at so much Pains to keep in Ignorance of the true State of their Affairs. I need not go farther for an undeniable Proof of this Endeavour to blind them, than your ordering

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the