358 Proceedings of the Council of Maryland, 1719.

              C. P. Whereupon his Excellency Observes, that the Address in

                 the said Letter mentioned, being an Address from the As

                 sembly of this Province and he no ways Concerned therein,

                 the Assembly must Answer for themselves And for which he

                 is no ways Responsible.

                   His Excellency is Pleased further to Observe, that as to

                 that part which relates to Mr Birchfields being Obstructed by

                 Colo Hart, He never did Obstruct Mr Birchfield in the Execu

                 tion of his Office under the Comissioners of the Customes,

                 And that he was Allways Aiding and Assisting to the Officers

                 of the Customes in this Province in the Discharge of their

                 Duties as by Law he was Required As to the Recovering the

                 mony & Effects due to his Majesty in this Province, he is no

                 ways Concerned in that matter, but as Judge in Equity,

                 Which Trust he Discharged According to the Dictates of his

                 Conscience, and the best of his Capacity; for which he is

                 only Answerable to God and the King And that he has ever

                 had it in his Memory, when he gave a Decree, to do Impar

                 tiall Justice, according to the Strict Letter & Tenor of his

                 Oath without Fear, Favour, or Affection

                   Upon the whole his Excellency Says this Charge is so

                 Generall, he is Incapable of giving a particular Answer to it,

                 but upon his Arrivall in England he shall Shew that that

                 Gentleman Cou'd have no Motives to make such Complaints

                 against him, Unless he thereby Intended to Suppress him,

                 the better to Countenance his Factious, Popish, Favourites,

                 And shall Likewise shew, what Personall Offers of Friend.

                 ship that Gentleman has made him, If he wou'd give way

                 to the Illegall & Insolent Proceedings of his Minions, And

                 that he never gave that Gentleman Advice or Councill in

                 Relation to the Officers of the Customes but what he was

                 Authorized to by his Majestys Royall Instructions Under his

                 Sign Manuell & Privy Seale, which he thinks so farr from

                 being a Crime, That he thought it his Indispensable Duty

                   That he Cannot but Observe (how little Regard soever

                 their Lordships may have to his person) he is Sorry to see

                 such a Slurr put upon his Character without ever Enquiring

                 into Particulars, or that his Conduct shou'd be so Condemned

                 without an Opportunity of Defence And Such a President

                 he thinks may be of Dangerous Consequence to whomever

                 succeeds him in this Government.

                   In Testimony that the aforegoing is a true Copy from the

                 Councill Records of Maryland, the Seale of the Governour

                 & Councill is hereto Affixed

                                           p John Beard

                                                  Cl Councill