Lib. X. P. 175 Now the said Pinnace being Supposed to belong to some of his Majestys Ships of war Ordered that MThomas Collier Marshall of the Court of Admiralty on the eastern shore take the said Robert Reed into his custody & bring him before his Excellency the Governor to answer his Contempt of his said Excellencys Proclamation in conveying the said Seamen away contrary thereto Ordered likewise that the said Mr Collier take the said Pinnace Masts Sails & Appurtenances into custody & bring her to the Port of Annapolis Ordered that publick notice be given that what persons soever do take Boats or any thing else of runaway Seamen for conveying them away such will be prosecuted as Accessarys to the felonies of such deserting Seamen Read the Petition of Mr Thomas Lovett petitioning for his & his mens wages which being matter of Law is referred to the honble Thomas Tench Esq' Iudge of the Court of Admiralty within this Province Upon the Petition of William Hutchison ordered that Captain Iohn Bayne of Charles County his Sheriffs Bond in the Year 1696 be Assigned him A Draught of a Commission appointing Majr Wm Dent to be his Majestys Atty Gen' within this Prov' read & approved of Read the Instructions which he designs to give to the sev eral Clks of the Indictments which are well approved Court of Appeals & writts of Error further deferred until Monday next Ordered that Mr William Hopkins have notice to attend Ordered that Mr Edward Batson be Commissionated Clerk to his Excellency the Governor & Council in the Court of Appeals & writts of Error held before them Ordered that the Sheriff of Ann Arundel County set a Guard upon the Prison that no person be Suffered to discourse with Mr Philip Clark to prevent his subtle insinuations October the 27th 1698 The Council Sate & were present as Yesterday Ordered that Summons issue from this Board to summon Captain Daniel Ienifer to appear before this Board with all Convenient speed Ordered as it is hereby ordered that the Clerk of the Council in Assembly & the Clerk of the house of Delegates each of them make out one fair Iournal for the Secrys Office & two transcripts of the same to go for England & that then the honble the Secy cause two more Transcripts of each to be Lib. X. writ to be sent for England Upon the Petition of M' Edward Green of Somerset County it is Referred to the honble Col° Charles Huchins to nominate some fitting person to be his Majestys Surveyor in that County Now that the Session of Assembly is ended Ordered as it is hereby ordered that the Clerk of the house of Delegates bring the Iournal of the house before this Board Accordingly came M' Christopher Gregory Clerk of the house of Delegates & produced the Iournal of the house wherein is observed in this day proceedings the Speaker taking the Chair & proroguing the house after prorogued by his Exccy & their stay some time for Books before they left the house Mr Gregory being asked says that M' Speaker moved the house to show their resentment of his Exclleys words Yesterday viz' distinguishing who were for the King & who against him about the word sedition & taking M' Clark out of Prison Mr Richard Smith of Calvert County being reputed to be a factious person much disaffected to his Majesty & this his happy Govt Ordered that the Sheriff of Ann Arundel County take him into his custody & bring him before this Board in order to have the oaths appointed by Act of Parliament instead of the oaths of Allegiance & Supremacy tendred to him This Board being informed that the said Smith hath been in Town ever since the Assembly sate & in the Comp of those Members that drank King Iames health The said Mr Richard Smith being brought before this Board his Excellency is pleased to ask him if he be in Office within this Province who says he is the Lord Baltemores Surveyor Gen' of the eastern shore The Oaths &c are tendred to him according to Law & he refuses to take them saying that he is willing to take the Oath appointed instead of the Oath of Supremacy but not the Oath of Allegiance to his present Majesty p. 176 Whereupon his Excellency Commands the Sheriff to take p. 177 him into his custody until he pays fourty Shillings according to the directions of the Act of Parliament & that the Sheriff see the same paid as the Law directs It being proposed at the Board whether it be not reasonable & fitting that the said oaths should be tendred to all Persons that bear any publick office under the Lord Baltimore or not (excepting Colt Darnal his Lordships Receiver who stands excused by his Majestys Order in Council) Lib. X. It is thought very reasonable & adviseable they should least those offices should nourish persons disaffected to his most Sacred Majesty & his happy Government p. 178 And whereas several Persons within this Prov3 have lately shewed themselves disaffected to his Majestys Govt Ordered that one of his Majestys honble Council or one of the Iustices of the Provincial Court tender the said Oaths to such his Lordships Officers or other persons whom they Shall find to be disaffected within their respective Counties Saving to the said Colt Henry Darnal his Lordships Receiver who stands exempted by his Majestys order in Council October the 28th 1698 The honble his Majestys Council Sate Present His Excellency the Captain General & the members of the Council were present as yesterday Mr George Tubman Minister of Port Tobacco Parish in Charles County being sent for appeared at the Board His Excellency tells him he was never Sorryer in all his life to have any man brought before him not only in respect to his Coat but that this is such a Country wherein Example is more prevalent then Argument & especially because he was sent in by the right reverend the Ld Bishop of London Asks him if he does not remember his application to him for Leave to go for england to fetch his wife & that he much admires he should have married another in the Countrey & that he has given himself to horse racing Sotting & drinking that he did not grant him any Such Power to grant Licenses to himself Mr Tubman says he did not give himself a License but had one from Mr Peregrine Cony which he produces & is as followeth vizt Peregrinus Cony dilect nobis in Xto Georgio Tubman & Elianore Hawkins de Caroli Com in Maryland Salutem Cum Vos ut Asseritur ad Solemnizat Mronij Veri et Ami de Expresso decreveritis illudq cum eaq fieri proterit matura Celeritate Solemnizari facere et obtinere magnopere desideritis Nos volentes ut honesta hæc Vra desideria debitu Celerius consequantur Effectum ut igitur Mrōnij (uti mos est) publice edits libere et Solemnizari facere et Obtinere Possistis et Valeatis post Cautionem fide Jussorum Sufficientem ex Parte Vrā inter positum Iuxta Canones aut horates Reg nuper editas dumodo Vobis ratione Con sanguinitatis Affini- Lib. X. tatis p contractus vel alterius Causæ Cujuscumq de Iure prohibite nullum Arnum in ea parte Obsteterit Impediment ne ullavis Controversia Seu querela moto Sit vel pendeat Coram aliquo Iudice Civili vel Ecclesiastico Cum Allerutro Vrum & Ministro Prius Constiterit Vos ad humod Mronij Celebratione accedere de et cum Expresso Consensu parentis ac modo Mronij Celebratio libere fiat inter horas Octavam & Duodecimam ante Merediem Iuxta Ritus Libere publicari prout p. 179 Authoritat Parliament in ea parte Edit et Stabilit nec non omnibus alijs Christi fidelibus sit Solemnizat Interrestendi ex Certis Causis Annis et rationalibus p nos approbat quatenus in Nobis est et Iura regni Patiuntur inhac Parte benigne Concedimus et Impertimur p.presentes In cujus rei Testimonium Sigillum nrum Apposuimus die tertio Octobris 1698 Peregrine Cony [Sigillum] Mr Tubman says Mr Cony puts his Seal to it & that he himself put in the date His Excey says he gives M' Cony no power but as chief of the Vestry His Excley tells Mr Tubman that he has heard what he is charged with & gives him an hour or two to make his Answer in defence thereto Mr Tubman says he confesses himself in some respect Guilty of what he is accused with but withal says he has no wife in England The Reverend Mr Benja Nobbs & Mr Hugh Iones being sent for came & his Excellency is pleased to request them & the rest of the reverend Clergy in Town to take Mr Tubman to their chamber & discourse him & give their Opinion for the result of this Board thereon Then produced & read the following Report of the Revd Mr Benjamin Nobbs and Mr Hugh Iones as followeth viz' We having as p Order Examined Mr George Tubman Clerk do make our Report to your Excellency & honours as followeth He confesses there is a Woman in England whom he Owned as his Wife, has Wrote to, & rec'd from her Letters under that Denomination & has desired leave to go & fetch her p. 180 hither Under that Title but says she never was his wife & that he was never married to any woman but to his wife Elianor He acknowledges that he has frequented horse racing he confesses he has been Guilty of the Sin of Drunkenness He says the License by which he was married to his wife Elianor was thus obtained that about easter was a twelve Lib. X. month intending to take to wife Elianor Hawkins he came to the Reverend Mr Peregrine Cony who was then the only person that Granted Licenses under his Excellency & desired a Blank Licence of him who being willing so to do begun & wrote his name Peregrinus Cony & Ordered him M' George Tubman by the copy to write the rest which he did leaving Room for the name to be filled up afterwards and says that Mr Cony Subscribed his name to it but did not set his Seal the which Setting the Seal Mr Tubman did with the filling up the day of the date of the License p. 181 Concerning our opinion we humbly offer That as to the License Mr Tubman acted in quality of Surrogate That the Offences M' Tubman stands charged with deserved to be punished with Suspencon ab Officio & Beneficio Witness our hands Ben Nobbs Hugh Iones Mr Tubman called in the foregoing Report is read unto him & he is asked if he has any thing to say for himself why he should not be Suspended accordingly & he not making any answer is ordered to withdraw Agreed that as to M' Tubmans marriage it be left to the Decision of the civil & common Law Advised & Ordered that whereas M' Geo Tubman was appointed to Officiate as Minister of the parishes of William & Mary & Port Tob° in Charles County & also did Officiate in Piscattoway Parish in Prince Georges County having lately misbehaved himself to the Scandal of his Function & the holy Religion he professes as appears by his own confession that he be Suspended as well from his Office as Benefice in the said Parishes & be not hereafter Suffered to execute his Ministerial function or any part thereof within this his Majestys Province neither that he be Admitted to receive any part of 40 Tobacco p Poll arising with the aforesaid parishes from the third of October instant which is the day his pretended License bears date Time given Mr Tubman to make his defence why this Order of Suspension should not be Served upon him till munday morning Mr Tubman returns by Coll Addison that he has no Answer to make Wherefore Ordered that Copy of the Order of Supēncon be Served upon him which was by the Clerk of this Board accordingly Served upon him |