Journals of the Board of Trade and Plantations, Volume 2, February 1709 - March 1715. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal, May 1711
Their lordships took into consideration, an Act past in Maryland the 3rd of October, 1704, entituled An Act for appeals and regulating writs of error [v. supra, fo. 330] (mentioned in yesterday's minutes and containd in the book of Maryland laws, No. 16, fo. 255), and gave directions for preparing the draught of a representation proposing a repeal of the said Act.
A letter from Mr. Secretary St. John, of the 1st instant, inclosing extracts of two letters from Mr. D'Alais, her Majesty's minister to the Elector of Hannover, dated the 28th of April and 1st of May, n.s., relating to an order publish'd there for taking off the new duty laid on coarse cloths imported into the dominions of his royal highness [fo. 235], together with a copy of the said order, which were read.
A letter from the Duke of Queensberry, of the 1st instant, referring to their lordships the form of the commission, and a copy of the new regulations [fo. 371], given in Denmark to privateers (transmitted to his Grace by Mr. Pulteney, her Majesty's Envoy at the court of Denmark), which were read, and directions given for comparing the said regilations with those of the 5th of April, 1710, n.s., and whereon their lordships made a report the 23rd of May following o.s.
Mr. Perry, Mr. Hyde, and other Maryland merchants attending [fo. 324], as desired the 30th of the last month, their lordships communicated to them the address of the General Assembly of Maryland to her Majesty, relating to two repealed Acts of that profince [fo. 330], the one touching the gauge of tobacco hogsheads, and the other against cropping and defacing the same. Whereupon those merchants said, though ‘tis true that sweet scented Virginia tobacco will bear pressing better than the Maryland tobacco, and so by consequence a hogshead of Virginia will weigh considerably more than a hogshead of Maryland, yet if the Virginia tobacco be too much pressed it will be indamaged as much as that of Maryland, by becoming black and immerchantable; that in James River and in several other places in Virginia, the same sort of tobacco is produced as in Maryland, and therefore there is the same reason to allow a difference in size of the hogsheads of those places, as to Maryland, which (were it done) would be a very considerable loss to the owners of shipping in the stowage, for the ships used in that trade are built proportionably to the size of tobacco hogsheads, that is, to contain seven hogsheads in depth in the hold; whereas, if 2 inches in diameter in the head more were allow'd to the Maryland hogsheads, then their ships could hold no more than six hogsheads and a half in depth, supposing a hogshead could be divided, whereby the owners must be obliged, either to crop the hogsheads, or the build new ships, or to give over that trade.
That, if the people of Maryland would take the same care in packing their tobacco as those of Virginia do, that is in packing it in small hands, a hogshead would contain very near a quarter more than it does; that several people in Maryland do it, and their hogsheads are as heavy as any of the light sort of tobacco that comes from Virginia, several of them containing from 7 to 800 weight; and they added, that they had no objection to the passing of a law in Maryland for preventing the cropping of tobacco hogsheads, provided the hogsheads be of the same dimensions as those of Virginia, and that the penalty be the same upon those who should make their hogsheads of a larger size, as upon the master that shall crop them. These gentlemen being withdrawn, their lordships gave directions for preparing the draught of a representation upon the said address.
The draught of a representation upon the address of the Assembly of Maryland, relating to two repealed Acts past in that province [fo. 327, 331.], the one touching the gauge of tobacco hogsheads, the other against cropping and defacing the same, directed at the last meeting, was agreed and ordered to be transcribed.
The draught of another representation upon an address from the Council and Assembly of Maryland to her Majesty, against the Governor's having the custody of the seal of that province &c. [fo. 325, 331], directed the 1st instant, was agreed and ordered to be transcribed.
A representation upon the address of the Assembly of Maryland, relating to two repealed Acts past in that province [fo. 330, 383], the one relating to the gauge of tobacco hogsheads, the other against cropping and defacing the same, agreed at the last meeting, was singed.
A representation upon the address from the Council and Assembly of Maryland to her Majesty against the Governor's having the custody of the seal of that province [fo. 330, 382], agreed at the last meeting, was also signed.
A letter from Mr. Yeamans, Lieutenant Governor of Antego [fo. 308, 332], without date, giving an account of the occasion of inhabitants of that island's taking up arms against Colonel Parke, who was killed the 7th day of December, 1710, was read; and the papers therein referr'd to were laid before the Board, and are as follows, vizt.:
Papers therein referr'd to.
The speech of Mr. Yeamans, Lieutenant Governor of Antego, to those who rose up in arms against Colonel Park.
List of the persons that were killed and wounded the day that Colonel Park was killed, December 7th, 1711 (sic).
Mr. Yeamans’ speech to the Lieutenant General and Council of Antego, before he signed the address from himself and the said Council to her Majesty relating to the death of Colonel Park.
A letter from Mr. Hamilton, Lieutenant General of the Leeward Islands, dated the 23rd of February, 1710/11, relating to the present state of defence of the said islands, and to the occasion of the death of Colonel Park, was read [fo. 331], and the minutes of Council in Assembly of Antego, from the 23rd of September, 1710, to the 26th January following, referr'd to in the said letter, were laid before their lordships.
A letter from Mr. Lillington, President of the Council of Barbadoes, dated the 16th of February, 1710/11, was read, and directions given for preparing an answer thereunto, and the following minutes of Council and Assembly, referrd to therein, were laid before the Board, vizt.:
Papers of publick proceedings.
Minutes of the Council of Barbadoes, from the 6th of September to the 28th November, 1710.
Minutes of the Assembly of Barbadoes, from the 3rd of October, 1710, to the 6th of February, 1710/11.
A letter from the Lord Dartmouth, of the 7th instant, referring to their lordships a memorial from Mr. Milner, Consul at Lisbon [fo. 341], complaining of some merchants refusing to conform themselves to rules for the benefit of the factory there &c., which letter and papers were read. Whereupon ordered that a copy of the said Consul's patent be desired from the Lord Dartmouth's office, and that the merchants trading to Portugal have notice to attend the Board on Tuesday morning next.
A memorial from Captain Baker, giving an account of the seizures of wool and silks &c. on the coast of Kent and Sussex since the 17th of April, 1710 [fo. 304], was read. Whereupon ordered that the same be compared with the last account persented to their lordships by the said Captain Baker.
Mr. Cobb, solicitor for Colonel Park, late Governor of the Leeward Islands, in relation to the complaints that had been exhibited against him, attending, he acquainted their lordships, that having received a letter from a gentleman at Antego [fo. 332, 340], dated in February last, concerning the rebellion that had lately happen'd in that island, he thought it his duty to communicate some paragraphs thereof to their lordships, and hoped that they would excuse his not naming the person who wrote it, by reason he had desired in his said letter the same should be concealed at present, fearing his own life, if it should come to the knowledge of any of those that had been concerned in the said rebellion and the murther of Colonel Park. The substance of the said paragraphs were (sic) as follows, vizt.: That after several messages had passed between Colonel Park and the Assembly of Antego, in relation to the nomination of a clerk, and his going off the island, they came to the Council chamber, and pressed to speak with him, alledging they had business of moment to communicate to him, and to present an address, which he refusing to receive, warm words past between them, and it was beleiv'd they then had an intention to have seized his person, and sent him home in irons, and that one persons offered to go and seize him himself; but some of her Majesty's guards being there, prevented that design. That on the 7th of December, 1710, the inhabitants of that island, having divided themselves into two parties, headed by Mr. Piggot and Mr. Painter, marched towards the Governor's house to attack him there; who, having two days before received information of their design against him, had called some of her Majesty's guards to his assistance, and had planted 4 small peices of cannon about his house for his better security. That the said parties marched by two different ways; that led by Mr. Piggot to a hill that commanded the Governor's house, and the party headed by Painter another way; that so soon as Colonel Park perceived the party on the hill, he ordered one of the said guns to be fired, which did no execution; after which, Mr. Piggot with his men ran down from the hill directly to the Governor's house, drove him into his chamber, where in an ingagement with the said Piggot, who was killed, Colonel Park received a shot in the thigh and fell, and ‘twas believ'd might have recovered of that wound; had not Mr. Droloveau, a French man (who was one of the principal ringleaders of that rebellion, and advised the dispatching the members of Council also) broke his back bone with the butt end of a musket. After which, they dragged the body of Colonel Park down stairs in a very indecent manner, and that it was with some difficulty they suffered his corps to be buried in the church there. That several of the guards during the action were killed, begging quarter upon their knees, and that three of her Majesty's said guards were killed in cold blood by the forementioned Droleveau.
That it had been said there, if a hair of the head of any one person concerned in that affair shou'd be touch'd, they would put the sword into another hand, intimating thereby that they would deliver up the island to the French.
Mr. Cobb then acquainted their lordships that Mr. Ayon, provost marshal of the Leeward Islands, who was in the chamber with Colonel Parke, when he was killed, and received himself 3 shots through the body in defending him, was come from Antego, and was expected in town to-morrow night, and would be best able to give their lordships a true and particular account of the aforementioned rebellion. That in the mean time he intended to wait on the Lord Dartmouth, and lay before his lordship what he had now communicated to the Board. Whereupon he was desired to let their lordships have copies of the said paragraphs, and to let Mr. Ayon know, when he came to town, that they would speak with him; which Mr. Cobb promised to do accordingly.
Copy of her Majesty's additional instructions to Mr. Douglas, Governor of the Leeward Islands, dated the 13th of April, 1711 [fo. 335, 343], relating to the trying of such persons as have been concern'd in the late rebellion and murder of Colonel Parke at Antego, was read.
Copy of an Order of Council, of the 10th of April, 1711, upon a representation of the same date, proposing Mr. Samuel Berwick to be a member of her Majesty's Council of Barbadoes [fo. 304], in the room of Mr. Middleton Chamberlain, deceased, approving the same, and directing the Lord Dartmouth to prepare a warrant for her Majesty's signature accordingly, was read.
Copy of an Order of Council, of the 19th of April, 1711, upon a representation of the 13th ditto [fo. 310], with the draught of instructions to the Lords Propriestors of Carolina, relating to the Acts of trade, to be by them given to Mr. Craven, Governor of that Province, was read.
Copy of an Order of Council, of the 19th of April, 1711, upon a representation of the same date, relating to the petition of Mr. Buncomb [fo. 312], complaining of the losses his father had sustained at Mountserrat, approving the same, and directing the Lord Darmouth to recommend the petitioner's case to Mr. Douglas, Governor of the Leeward Islands, as is proposed by the said representation, was read.
Mr. Milner, brother to the Consul at Lisbon, and Mr. Brooks, Portugal merchants, attending, they were acquainted that her Majesty had been pleased to refer to this Board two letters and a memorial from the said Consul [fo. 334, 351], whereupon they said that they had copies thereof; and as to that which relates to some Irish merchants there refusing to pay their contributions, as the same was absolutely necessary for the incidental charges of the factory there, they proposed that her Majesty be pleased to write to the King of Portugal, desiring him to direct the Judge Conservador of the British nation to levy the said contribution upon all, and that no appeal be allow'd to the Relacaon or superior court. As to the other paper, which relates to Monsieur De la Roche's refusing to take upon him the care of the effects of Mr. Richard Villiers, deceased, pursuant to the 8th article of the treaty with Portugal (it having been proposed to them) they agreed that it would be some help for the future if the consul had instructions from her Majesty not to admit any persons to accept of a trust of this nature, which wou'd be profitable, unless they entred into security to accept of any such like trust hereafter, through of no advantage, if elected thereto by the factory.
They added that neither of these above-mentioned cases had been disputed before, that they beleived, if their lordships thought fit to discourse with Sir John Lambert, who is the patron and principal correspondet of the said De la Roche, he might be brought to reason; however, they promised to consult the rest of the Portugal merchants [fo. 353], and let their lordships have their thoughts upon both the forementioned cases in writing.
Mr. Michael Ayon, provost marshal general of the Leeward Islands [fo. 340, 345], lately come from Antegoa, attending with Mr. Cobb, he presented to their lordships a letter from Mr. Thomas Morris, one of the members of her Majesty's Council in that island, dated the 27th February last, relating to the late rebellion there, and murder of Colonel Parke, which was read. He then communicated to their lordships several depositions taken in the said island, concerning the said rebellion and murder, which were also read, and Mr. Ayon being desired to acquaint their lordships with what he knew himself of these matters, he gave their lordships a verbal account thereof, in substance the same as is contained in the forementioned letter and depositions, and promised to lay before their lordships in writing a full and particular account of the whole matter. Mr. Ayon being withdrawn, directions were given for preparing the draught of a letter to the Lord Dartmouth, transmitting a copy of the forementioned letter to his lordship, to be laid before her Majesty.
A letter to the Lord Dartmouth, inclosing a copy of the letter from a member of the Council of Antegoa [fo. 343, 377], relating to the rebellion and murder of Colonel Parke in that island, directed yesterday, was signed.
A letter from Mr. Secretary St. John, of the 16th instant, referring to their lordships a pettion to her Majesty from several merchants trading to Spain, relating to the two Spanish ships intended for Buenous Ayres in America [fo. 349], which were taken by the Dutch,
but have since been released, and are now permitted by them to pursue their voyage, praying new passes for the said ships, was read, as were likewise the said petition and extract of the resolution of the States General, relating to the forementioned ships referr'd to in the said letter. Whereupon ordered that Sir William Hodges, Sir John Houblon and Sir John Lambert, with any others of the petitioners they think proper, have notice to attend their lordships on Thursday, the 24th instant.
A letter from Mr. Bennet, Lieutenant Governor of Bermuda, dated the 26th of December, 1710, was read, and the papers referr'd to therein were laid before their lordships, and are as follows, vizt.:
Papers of publick proceedings.
Proceedings of the Court of Admiralty in Bermuda, in March 1707/8, against the sloop Margaret, condemned for illegal trade.
Proceedings of the Court of Admiralty in Bermuda, in February, 1708/9, against the brigantine Industry, condemned for illegal trade.
Proceedings of the Admiralty Court in Bermuda, in November, 1709, against the ship Three Friends, condemned as lawfull prize.
Proceedings of the Court of Admiralty in Bermuda, in Decenber, 1709, against three Spanish Launces, condemned as lawfull prize.
Proceedings of the Admiralty Court in Bermuda, in September, 1710, against the sloop Isabella, condemned for illegal trade.
Proceedings of the Admiralty Court in Bermuda, in August, 1710, against the sloop Happy Return, condemned for illegal trade.
Proceedings of the Admiralty Court in Bermuda, in July, 1710, against the sloop Diligence, condemned as lawfull prize.
Acts past in Bermuda in September, 1708, and November, 1710.
Whereupon ordered that Mr. Holt [fo. 352], have notice to attend the Board on Fryday, the 25th instant, in relation to what Mr. Bennet writes in paragraph E of the foresaid letter, touching illegal trade to Curacoa.
A letter from Sir Edward Northey, her Majesty's Attorney General, of the 19th instant, returning two volumes of Maryland entries, and in acquainting their lordships that he is ready to attend them in relation to the petition of the Lord Baltimore [fo. 261, 354], mentioned in the minutes of the 13th of March last, was read. Whereupon, ordered that Mr. Weston, solicitor to his lordship, be desired to inform the Board when the Lord Baltimore will be ready, in ordeer to their appointing a day for hearing his lordships upon the said petition accordingly.
A letter from the Lord Dartmouth, of the 2nd of the last month [fo. 352], acquainting their lordships that application had been made to her Majesty to appoint Mr. Byerly, who is Receiver and Collector
General at New York, a member of her Majesty's Council of that Province, and desiring to know if their lordships had any objections thereunto, was read, and directions given for preparing the draught of an answer to the said letter.
A Letter from Sir William Hodges, inclosing a copy of a petition to her Majesty from some Spanish merchants trading to Spain, mentioned in the minutes of the 17th instant, praying new passes for two Spanish ships, [fo. 345], intended for the Buenos Ayres in America, was read, as were likewise a memorial, containing reasons for granting the said passes &c. together with attested translations of the passes, granted by the Dutch to the said ships.
Copy of what Sir William Hodges formerly presented to the ministry, relating to a treaty of commerce with Spain, which is in part in answer to the letter from the secretary to the Spanish merchants of the 6th of March last [fo. 255], concerning their trade, was read.
Sir William Hodges, Sir John Lambert, with other Spanish merchants attending, their petition to her Majesty, read the 17th instant, relating to new passes for the ships aforemention'd [fo. 345, 355], together with the extract of the resolutions of the States General touching the same, as also the forementioned paper of reasons, were read; and it appearing by the Dutch passes that the said ships carry'd iron ballast in them, and their lordships being of opinion that the same was prohibited by the Act of the 3rd and 4th of her Majesty, for prohibiting all trade and commerce with France, Sir William was desired to state that case, and to bring to their lordships the opinion of her Majesty's Council there-upon, which he promised to do accordingly.
Then these gentlemen being withdrawn, Sir John Lambert only remaining, their lordships communicated to him Mr. Milner's memorial to the Lord Dartmouth mention'd in the minutes of the 10th instant [fo. 341], relating to Monsieur la Rache's refusing to take upon him the care of the effects of an English merchant, deceased &c. Whereupon Sir John Lambert desiring he might have a copy of the said memorial, and (sic) promised to write to his friend Mr. La Roche thereupon, ordered that a copy be sent him accordingly.
A letter from the Duke of Queensberry, of the 23rd instant, referring to the Board an extract of a letter from Mr. Pulteney, her Majesty's Envoy at Copenhagen [fo. 305, 383], together with copies of the certificates for ships passing through the Sound, which were read. Whereupon ordered that the Eastland merchants have notice to attend the Board on Wednesday morning next. [N.B.—A letter was writ to their secretary the 2nd of June.]
A letter to the Lord Dartmouth, in answer to his lordship's of the 2nd of April last [fo. 348], relating to Mr. Byerly's being a member of her Majesty's Council in New York, directed at the last meeting, was signed.
Mr. Holt attending [fo. 347], as he had been desired the 17th instant, paragraph E of Mr. Bennet's letter of the 26th of December, 1710, relating to illegal trade, read the said 17th instant, was communicated to him; whereupon he said that he did agree that only linnens were not carried from Curacoa to Bermuda, and that provisions were not carried from Bermuda but from the continent to Curacoa. As to the Christian names of the persons mention'd in the said paragraph, he said he could not remember them; but, if their lordships would please to let him have an extract of the said paragraph, he would look among his papers at home for the Christian names of those persons, and lay the same before their lordships; whereupon ordered that he have an extract accordingly.
Ordered that a letter be writ to Mr. Milner, to remind him of laying before their lordships, as soon as may be, what he and the Portugal merchants here have to offer [fo. 343, 371], in relation to the complaint of his brother, the Consul at Lisbon, touching the refusal of some Irish merchants to pay their contribution for the support of factory there.
A letter from the Lord Baltemore to the secretary, dated the 25th instant, desiring that Wednesday or Thursday next, may be fixt for the hearing on his petition to her Majesty, mentioned in the minutes of the 24th instant [fo. 348, 359], was read. Where-upon ordered that his lordship, Mr. Attorney and Mr. Solicitor General, be acquainted that the Board have appointed Thursday next, between nine and ten, for the said hearing, and that they be desired to attend at that time accordingly.
A letter from the Lord Dartmouth, of the 24th instant [fo. 356], referring to the Board the translation of a letter from the Emperour of Morocco to Colonel Bennet, wherein he proposes that Gibraltar be made a free port for his cruizers and merchant ships, was read: and their lordships made a progress in the consideration thereof, and agreed to proceed further thereupon at their next meeting.
Extract of a letter from Colonel Dudley, Governor of New England, to Mr. Newman, relating to his want of counsellors in New Hampshire, and to Mr. Usher's having suspended Mr. Waldron from the said Council, was read.
Sir William Hodges, Sir John Lambert and Mr. Hays attending upon the petition of the Spanish merchants [fo. 350], mention'd in the minutes of the 24th instant, Sir William said that he hoped their lordships did not now expect the opinion of her Majesty or Council, in relation to the carrying of iron to the Buenos Ayres in the ships for which they desire passes, since there is a clause brought into an Act of Parliament allowing iron to be carried to the Spanish West Indies; and being asked whether the Buenos Ayres was not within the limits of the South Sea Company, they said that if it be within these limits, yet, as the passes were only desired for Spanish ships, which were loaden at Cadiz (though in part with British goods) and not loaded in this kingdom, they did not see they could any ways be restrained from going their intended voyage, by reason of the said South Sea Company.
Then their lordships acquainted these gentlemen with the substance of the Emperor of Morocco's letter, relating to the making of Gibraltar a free port for his trading ships and cruizers [fo. 354, 366], mentioned in the minutes of the 28th instant. Whereupon they said that her Majesty had already made Gibralter a free port for her Majesty's subjects, and the Dutch; that should her Majesty agree to the Emperor of Morocco's proposal, it would be of ill consequence, for by that means they would be continually cruizing off Gibralter, and so intirely ruin the trade thither from Malaga and Cadiz; that by a treaty with Algiers, concluded in April, 1682, by another in April, 1686, and by another in August, 1700, it is agreed “that none of the ships or other smaller vessels of Algiers shall remain cruizing in sight of any of her Majesty's roads, havens, ports, towns and places, nor any way disturb the peace and commerce of the same.” Mr. Hayes, who lived some time at Gibraltar, said that lime might be had from the mountains there, and Sir William Hodges added that from Pharo, which is but a day's sail, they may have plenty of brick and lime; besides that he did not think that there was any dependence to be had upon the promise of having those materials from Barbary.
A representation upon the petition of Sir William Hodges and other Spanish merchants [fo. 355], praying passes for two Spanish ships intended to sail to the Buenos Ayres in America, directed at the last meeting, proposing that her Majesty be graciously pleased to grant the said passes accordingly; together with a letter to Mr. Secretary St. John, inclosing the same, were signed.
The Lord Baltimore attending with Sir Thomas Powis and Mr. Dodd, his lordship's council, as appointed on the 18th instant [fo. 354, 379], and Mr. Attorney General, to whom his lordship's petition (hereafter mentioned) is likewise referr'd, being present, as also Mr. Solicitor General, in the behalf of her Majesty, the Lord Baltemore's petition, referr'd to this Board by the Lord Dartmouth's letter of the 5th of February last, was read, setting forth, that his ancestors at great hazard and expence had settled the Province of Maryland; that his lordship holds the same as proprietor, by virtue of letters patents from King Charles the First, and was always allow'd the right of nominating and appointing Governors, till soon after the late revolution, that his late Majesty appointed a Governor of that Province, and continued so to do during his reign, though the petitioner endeavour'd by petition to obtain his right; that her Majesty has continued to do the same, which the petitioner conceives would not have been done, had he been heard before her Majesty, and therefore he prays to be heard by his council, to make out his right to appoint Governors of the said Province.
After which, Sir Thomas Powis, in behalf of the Lord Baltimore, said that his lordship had an undoubted right of appointing Governors, by virtue of a charter to his ancestors from King Charles the First, dated the 20th of June, 1633, whereby, amongst other powers and royalties of government, the proprietor was authorized to nominate and appoint Deputy Governors of the said Province; so that, unless it could be made appear that the crown had no power to grant such a charter, that his lordship had forfeited that right, or had surrender'd the same, he ought to be restored thereto.
That in the year 1690, the government was, for reasons unknown to his lordship, taken from him, for it only appears by a report from the then Lord Chief Justice Holt, and by another from the then Attorny General, Sir George Treby, that there was a necessity for it, without explaining what that necessity was; that his lordship has been a considerable loser in his revenue arising from that Province, for, by an Act pass'd there for raising two shillings per hogshead on tobacco exported, his lordship is obliged to receive his quit rents in tobacco, at the rate of two pence per pound, which was never sold at more than one penny; whereby he loses one half of that part of his revenue, whereas formerly it used to be paid him in money; that one shilling per hogshead of the forementioned two shillings is taken from his lordship, and apply'd to the maintenance of a Governor, which was urged as a very great hardship upon his lordship.
Mr. Dodd, in behalf of his lordship, said, that supposing there was a real necessity in 1690 for taking the government out of his lordship's hands, it was not to be supposed that the same was to continue for ever; and therefore, when that supposed necessity ceased, ‘twas but reasonable and just that his lordship, should by restored to his right again; that his lordship, having always countenanced the Protestants of that Province, and even preferr'd them in many cases to the Roman Catholicks (though his lordship is of that perswasion), and having never done any thing to forfeit his right, he did not see there was any necessity for dispossessing his lordship any longer of his right of appointing Governors, which Governors, so to be appointed by his lordship, he was ready and desirous to submit to her Majesty's approbation.
Then Mr. Solicitor General, in behalf of her Majesty, said, that there were in 1689 several articles of complaint exhibited by the inhabitants against his lordship; that it appear'd, by the preamble of the commission to the first Governor appointed by his late Majesty (which preamble was read), that the necessity mentioned in the foresaid reports of the Lord Chief Justice Holt and Sir George Treby, for taking that government into the hands of the Crown was, that the Province of Maryland was fallen into disorder and confusion, by means whereof not only the publick peace and administration of justice was broken and violated, but also that there was an utter want of provision for the guard, and defence of the said country against the enemy, whereby the same was exposed, and like to be lost to the Crown; and that he conceived those reasons were sufficient to justify the taking the government out of his lordship's hands; that since the legislature of this kingdom had thought fit to exclude Papists from the crown, he thought it deserv'd consideration how far it was reasonable to trust so considerable a Province as Maryland in the hands of a person of that perswasion.
As to his lordship's losses, mentioned by Sir Thomas Powis, Mr. Solicitor took notice that the foresaid Act for raising two shillings per hogshead was pass'd in the year 1671 before the revolution, and whilst that government was in his lordship's hands; so that what loss his lordship may receive by the payment of his quit rents in tobacco, cannot be said to have happen'd to his lordship from the Crown's appointing of Governors there.
As to what was said that his lordship suffers also by the applying of one shilling out of the two shillings per hogshead to the use of the Governor, he took notice that, by a proviso in the forementioned Act, it is enacted, that one half of the money by this Act to be raised be employ'd towards the maintaining a constant magazine, with arms and ammunition for the defence of that Province, and defraying other publick necessary charges of the government; so that there was no injustice done his lordship on that particular; that his lordship does enjoy the benefit of the soil as proprietor, and every thing else saving the sole nomination of a Governor; that it does not appear by entries in the books, that his lordship made any application (except when the first Governor was appointed) to be restored to the right of naming a Governor.
Then Sir Thomas Powys produced Colonel Taylor, who was an inhabitant in Maryland at the late revolution, and for some years before; who said that he knew of no complaint when he was there against the Lord Baltimore, except by some inconsiderable people, nor never heard that any Protestants were disturbed or discouraged on account of their religion. On the contrary, he has known his lordship reject papists, and prefer Protestants to places of trust; the same was also confirmed by Captain Wharton, who was an inhabitant of that Province before the revolution.
Then Sir Thomas Powys said, that though it did not appear by the entries in the books that his lordship had petitioned to be restored to his right, the reason of that might be, because nothing was done upon them. However his lordship was ready to declare upon oath or otherwise that he had made such application. Whereupon his lordship did assure the Board that he had done it upon the nomination of every Governor since the year 1690; and Colonel Blakiston, who attended, acquainted the Board that his lordship did it when he was appointed Governor of that Province.