332 Proceedings of the Council of Maryland, 1681-85/6.

Lib. R. R. R.

concerning the Captains power, that he might (if he had
pleased) by his Commission, and the martiall Lawes of the Sea
have putt him to death there, There happened also some
further discourse betweene the said Coll Darnall, Maj^r Sewall,
and the said Capt Allen, touching the reason why Capt^a Allen
did not at his comeing into the harbour in Maryland acquaint
the Governm^t of his Quality and Comission, and make some
Entry with the Governm^t of his Shipp as other shipps did
usually doe and were obleiged; ffor otherwise without such
notice the Goverm^t might reasonably suspect him for a Pirate
or vessell seizeable, Cap^t Allen relyed upon his Comission and
Instructions, conceiving and soe affirming that he had nothing
to doe with my Lord Prop^ry or his Governm^t though there, but
that his Instructions obleiged him to observe noe other ord^rs
but my Lord Effinghams and his Maj^ties Collecto^r in Maryland
the said M^r Christopher Rousby deed: and that without apply-
ing himself to the Governm^t of Maryland he had power suffi-
cient to examine and seize ships if he had occasion; some
things being urged out of my Lords Charter of the power
given by his Maj^tie to his L^sp his heires and successo^rs and that
all persons both civill and military were to be Obedient to his
Maj^ties Commands therein, Cap^t Allen did then say, if there
were any fforreigne or domestick rebellion against his L^sps
Governm^t by sea or Land he would be ready to aid and assist
his L^sp and Governm^t Hee the said Capt. Allen did produce
his Comission and other writeings which he said were his
Instructions, and read some small matter in them touching the
said Collecto^r of Maryland, which to the best of my remem-
brance was that he should acquaint their Hono ^rs from whom he
had those Instructions, of what correspondency he kept with
his Maj^ties Collecto^r in Maryland or to that effect. And after
the said Coll Darnall and Maj^r Sewall comeing away, The

p. 173

said Coll Darnall did once more in the name of the Lord
Prop^ry demand the said prisoner with a guard ashoare, till the
could be there sufficiently secured, but the said Cap^t Allen
refused to deliver him, but caused his Pinnance to be manned
to sett us ashoare, and after gave nine gunns, and after the
Guns fired, and we gone some distance from the Ketch, they
hailed the pinnace aboard, and aboard wee went, and Coll
Darnall and Maj^r Sewall went into the Captains Cabbin, and
they had some words, which (as I understood) that some on
board had informed the Cap^t that there was Twenty men (as
I take it) laid waite ashoare, but Coll Darnall and Maj^r Sewall
satisfyeing the Cap^t of the falsity of the Report, wee had again
leave to depart in his Pinnace aforesaid. This is the substance
of what I can say touching the dispute betweene the Captⁿ and