next Paragraph, the Words due Provifion for the Support of his Majefty's Governor, must be taken to mean fuch a Provifion as does not leave him dependent on the GoodWill of the Reprefentatives from Time to Time; which would fill be the Cafe, tho' you and other Affemblies fhould make fuch Offers,

You go on and fay, that this Affembly has now done. it, and you doubt not but others will, which if they do from Time to Time, they anfwer their Trust, the Manner being left to the Difcretion of the General Court.

It is the Manner of doing it, which the Lords affert to be contrary to the Intent of the Charter; but you have lately given an uncontestable Proof, that you do not defign to make any Sum a Rule for other Affemblies, by Non-concurring the Council's Amendment to your Refolve about it, in which they would have had it declared, that the fecond 3000l. was for this prefent Year. Here you found yourselves obliged to throw off the Difguife, and refufe to make any fuch Explanation ; by which you fhew to all the World, that you mean thefe Offers, no other Ways than as Temptations to me to give up his Majefty's Inftructions: But the Ufe you make of keeping thefe temporary Allowances in your Power from fix Months to fix Months, appears by the Injustice you have done to the Judges and the Secretary, who have now ferved fourteen Months without any Allowance, which you know beft, if it is not owing to their fhewing, what you think, too great a Regard to his Majefty's Service.

In Anfwer to my Charge about the Supply of the Treafury, you offer, that the General Refolve for the Supply of the particular Orders of the Court in allowing Accompts fubfequent thereon, are fully comprehended and fully intended in the Word Acts mentioned in the Charter

When fuch Language comes before a Parliament, who know the Difference of a Refolve and an A&t; and that nothing can be an Act without Enacting Words, it must. appear very furprizing to them, efpecially when feve-4 ral particular Orders or Accompts are likewife called Ats which Kind of particular Accompts were never brought into Parliament to be paffed there before the Treasury can iffue Money upon them; fo that they will be perfectly fenfible of the injuft Diffidence, which you thew of the Governor and Council, when you would

C

deprive

C

deprive them of this Right which they have by the Charter. But nothing fhews the Weaknefs of your Caufe more than the Neceffity you find yourselves in, to conceal fome Words of the Charter to fhew that this Method cannot in the leaft Measure tend to prevent an Opportunity to his Majefty to difallow fuch Acts, any more than if they had all the Formality of a Law; for all Orders, as well as Laws, Statutes and Ordinances that pafs the three Branches of the Legislature, are to be tranfmitted to his Majefty for Approbation or Difal lowance. I would gladly know why you have fuppreffed the Words, under the publick Seal, which I recited to you in my laft Meffage, when it is confider'd, that by the Charter they are to be tranfmitted under the Publick Seal to his Majefty for Approbation or Dif allowance, the Abfurdity of the prefent Method plainly appears For was it ever practifed or thought on to fend thefe Refolves, or Orders, or particular Accompts home under the Publick Seal? Or if they were, how could paying Money on particular Orders be justify'd be or the three Years expreffed for Difallowance elapfed? So that at once here appears nothing but Inconfiftency.

fore his Majefty's Approbation could be had y'd be

I must however allow that you have juft Reason to blame me for understanding and practifing in this Man- ner in your Favour: But if you confider that it

the Beginning of my Government, before I had Time to inform myfelf of the publick Affairs, Thope you will think me excufable, efpecially fince I am ready to affure you, that you fhall never have another Occafion to reproach me with any fuch Compliance.

It is a very low Diftinction, by which you would obferve that it is not faid, that her Majefty, or Privy. Council, or the Committee, apprehend the former Offer was only made to tempt me, but barely that it was fo apprehended; as if thefe Words, It was fo apprehended, could there relate to any other Perfon but to thofe that were then speaking, who were the Committee of Councif, and what they faid afterwards was approved by her Majefty and the Privy-Council,

As to your Intreaties to me to compaffionate the rui nous Circumstances of this People, I can very fincere ly return them to yourfelves, and obferve your Endeavours to make the publick Affairs fo difficult and troublesome to me to tranfact, when I am ty'd up by my Inftructions on one hand, and meet with nothing

but

but Contradiction and ill Ufage from you on the other.

But it would be well for you to remember who made this Province, that was once flourishing, to decline fo much; even they who have ruin'd the Credit of it, by making a Deluge of Paper Currency, which your very Petitioners among the Merchants will maintain. By this Means thofe who lend Money, lofe more than their Interest every Year; and those who have none, may get Money by borrowing only.

When you follow better Maxims, and confent to put the publick Affairs upon the real Foot of the Charter and of Magna Charta, then the Province may again flourifh; but 'till then you have nothing to expect but the Difpleasure of the Legislature of Great Britain: And that you may not be deceiv'd by the idle Surmifes of your Agents, I will give you an Account at length of what was done by that Legiflature to the Kingdom of Ireland, in the Sixth Year of the late King, by an Act for the better fecuring the Dependency of the Kingdom of Ireland upon the Crown of Great Britain; which A&t is at Length as follows:

W Here

THereas the House of Lords of Ireland have of late, againft Law, affumed to themfelves a Power of Jurifdiction to examine, correct, and amend the Judgments and Decrees of the Courts of Justice in the Kingdom of Ireland: Therefore, for the better fecuring of the Dependency of Ireland upon the Crown of Great Britain, May it please your Moft Excellent Majefty, that it may be enacted, and be it enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament assembled, and by the Authority of the fame, that the faid Kingdom of Ireland hath been, is, and ought to be fubordinate unto, and dependent upon the Imperial Crown of Great Britain, as being infeperably united and annexed thereunto; and that the King's Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons of Great Britain in Parlia ment affembled, had, hath, and of Right ought to have full Power and Authority to make Laws and Statutes of fufficient Force and Validity, to bind the Kingdom and People of Ireland.

And be it further declared and enacted by the Authority aforefaid, That the House of Lords in Ireland have not nor ought to have any Jurifdiction to judge of Affairs, or to

C 2

reverse

reverse any Judgment, Sentence or Decree, given or made in any Court within the faid Kingdom: And that all Proceedings before the faid Houfe of Lords, upon any fuch Judgment, Sentence or Decree, are, and are hereby declared to be utterly null and void, to all Intents and Purpofes what foever. W. BURNET.

Sept. 2, 1729.

The Anfwer to his Excellency's Meffage of the 2d Inftant, is as follows:

T

May it pleafe your Excellency,

HÉ Houfe of Reprefentatives have confider'd your Meffage of the 2d Inftant, and notwithstanding your groundlefs Cenfures, as tho' they had not a dutiful Regard to the Crown, and endeavour'd to delude the People, we hope and doubt not, but they will ever remain and appear to be fincerely and heartily loyal to our moft gracious and rightful Sovereign King George; and they have and always will feeke Intereft and Welfare of this Province.

It is wonderful to this Houfe, that you fhould argue fo much from the Settlement of the Civil Lift for the fixing your Salary, when there is fo great and obvious a Difference between them. Can you expect fuch an Expreflion of Refpect and Confidence from your Conduct ever fince your Arrival? Can there be any Pře tence, that the Affembly have not fhewn as great an In clination for your Support, as your Excellency has for the Good of this Province ?

The Houfe are no lefs furprized at your Account of Lett-Paffes and Regifter-Money; is it poffible that a Law that ftated a Fee of 3 s. to the Secretary for a SeaBrief, to thofe who needed and defired it, fhould thereby establish 12 s. on your Excellency, for compelling thofe to take your Lett-Pafs who don't need it, and would gladly refufe it? Or can an Ordinance of the Governor and Council of New-York for Lett-Paffes, and the Fee for Regifters in that Colony, if legal there, juftify your Excellency's demanding them in this Province without Law?

Your Excellency's arguing about A&ts and the Publick Seal, feem to be of as little Force; and there are many other Particulars which the Houfe think very exceptionable, all which to remark would be very tedious. However, we are thankful your Excellency is pleafed to intimate, that tho' the Governor's Salary was fettled,

we might expect to pay alfo for every particular Act or Service he Thould do as Governor. We affure your Excellency, your Meffage has not at all enlighten'd us as to the Point in Controverfy; and if it will be of Service to others, for whom your Excellency tells us it was more particularly defign'd, we are content they should have it in its full Strength, and heartily defire, fince what has paffed on each Side from Time to Time has been to little Purpofe, that there may be no more contro verting Meffages between your Excellency and this Houfe on that Head.

In the House of Reprefentatives, Sept. 5, 1729.

The Letter mention'd by Governor Burnet is as follows:

SIR,

Mr. SPEAKER,

London, June 7, 1729.

N the other Side you have a Copy of our laft, and, as we then wrote you, no Steps have fince been ta ken by the Government in the Affair, only reading the Report, a Copy of which you have here inclofed. You'll obferve by the Conclufion, what is propofed to be the Confequence of your not complying with his Majesty's Inftruction. (The whole Matter to be laid before the Parliament of Great Britain) it is very unlikely ever to be the Cafe, but fhould it, the Queftion can be only, Whether the Province of the Maffachufets-Bay in NewEngland hall fettle a Salary of ieool. Sterling per Ann. on WILLIAM BURNET, Efq, during his Government ? It will be the first Queftion of the Kind that was ever moved in the Houfe of Commons; but should it pafs into a Law, it will be a much better and fafer Foundation for your doing it, than any Inftruction can be. We have hitherto been debarr'd entring into any Matter of Complaint of the Governor's Conduct, it not being any Part of your Addrefs; but fhould we ever come before the Parliament on this Account, all, we have to offer, will be duly confider'd, and hope you'll think it proper to furnish us with fuch Particulars, as fhall make appear how little a Governor is to be trufted with the Liberties of a People. We remain with much Refpect to the Ho nourable Houfe of Reprefentatives, Your most humble Servant, Fra. Wilks, Jon, Belcher.

SIR