colony daily increased, to the great improvement of her majesty's customs, and the manifest advantage of the merchants and manufactures of the kingdom.

"But that, in the year 1703, when a new Assembly was to be chosen, which, by the constitution, is chosen once in two years, the election was managed with very great partiality and injustice, and all sorts of people, even aliens, Jews, servants, common sailors and negroes were admitted to vote at elections: That, in the said Assembly, an Act was passed to incapacitate every person from being a member of any General Assembly that should be chosen for the time to come, unless he had taken the Sacrament of the Lord's Supper according to the rites of the Church of England; whereby all Protestant Dissenters are made. incapable of being in the said Assembly; and yet, by the same Act, all persons who shall take an Oath that they have not received the Sacrament in any Dissenting congregation for one year past, though they have not received it in the Church of England, are made capable of sitting in the said Assembly: That this Act was passed in an illegal manner, by the Governor calling the Assembly to meet the 26th of April, when it then stood prorogued to the 10th of May following: That it hath been ratified by the Lord's Proprietors in England, who refused to hear what could be offered against it, and contrary to the petition of 170 of the chief inhabitants of the Colony, and of several eminent merchants trading hither, though the Commons of the same Assembly quickly after passed another bill to repeal it, which the upper House rejected, and the Governor dissolved the House.

"That the Ecclesiastical government of the Colony is under the Bishop of London; but the Governor and his adherents have at last done what the latter often threatened to do, totally abolished it for the same Assembly have passed an act, whereby twenty laypersons therein named, are made a corporation for the

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exercise of several exorbitant powers, to the great injury and oppression of the people in general, and for the exercise of all ecclesiastical jurisdiction, with absolute power to deprive any Minister of the Church of England of his benefice, not only for immorality but even for imprudence, or incurable prejudices between such Minister and his parish; and the only minister of the Church established in the Colony, Mr. Edward Marston, hath already been cited before their Board, which the inhabitants of the Province take to be an high ecclesiastical commission-court, destructive to the very being and essence of the Church of England, and to be held in the utmost detestation and abhorrence by every man that is not an enemy to our constitution in Church and State.

"That the said grievances daily increasing, your petitioner Joseph Boone is now sent by many principal inhabitants and traders of the Colony, to represent the languishing and dangerous situation of it to the Lords Proprietors; but his application to them has hitherto had no effect: That the ruin of the Colony would be to the great disadvantage of the trade of this kingdom, to the apparent prejudice of her Majesty's customs, and the great benefit of the French, who watch all opportunities to improve their own settlements in those parts of America."

After reading the petition, the House of Lords voted the following Address to the Queen:

"The humble address of the Right Honorable the Lords Spiritual and Temporal in Parliament assembled :

"Die Martii 12. 1706.

"The House having fully and maturely weighed the nature of these two Acts, found themselves obliged in Duty to your Majesty, and in Justice to your Subjects in Carolina, (who, by the express words of the Charter of your Royal Uncle King Charles II. granted to the Proprietors, are declared to be the Liege People of

the Crown of England, and to have Right to all the Liberties, Franchises and Privileges of Englishmen, as if they were born within this kingdom: and who by the words of the same Charter, are to be subject to no Laws but such as are consonant to Reason, and as near as may be to the Laws and Customs of England) to come to the following Resolutions :

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First, That it is the opinion of this House, that the Act of the Assembly of Carolina, lately passed there, signed and sealed by John Lord Granville, Palatine, for himself, and for the Lord Carteret, and the Lord Craven, and Sir John Colleton, four of the Proprietors of that Province, in order to the ratifying it, entitled, “An Act for the establishment of Religious Worship in this Province according to the Church of England, and for the erecting of Churches for the public Worship of God, and also for the Maintenance of Ministers, and building convenient Houses for them;" so far forth as the same relates to the establishing a Commission for the displacing the Rectors or Ministers of the Churches there, is not warranted by the Charter granted to the Proprietors of that Colony, as being not consonant to Reason, repugnant to the Laws of this Realm, and destructive to the constitution of the Church of England.

"Secondly, That it is the opinion of this House, that the Act of the Assembly of Carolina, entitled, "An Act for the more effectual Preservation of the government of this Province, by requiring all persons that shall hereafter be chosen members of the Commons House of Assembly, and sit in the same, to take the Oaths and subscribe the declaration appointed by this Act, and to conform to the Religious Worship in this Province, according to the Church of England, and to receive the Sacrament of the Lord's Supper according to the rites and usage of the said Church," lately passed there, and signed and sealed by John, Lord Granville, Palatine, for himself and the Lord

Craven, and also for the Lord Carteret, and by Sir John Colleton, four of the Proprietors of that Province, in order to the ratifying it, is founded upon falsity in matter of fact, is repugnant to the Laws of England, contrary to the Charter granted to the Proprietors of that Colony, is an encouragement to Atheism and Irreligion, destructive to trade, and tends to the depopulating and ruining of the Province. "May it please your Majesty,

"We, your Majesty's dutiful subjects, having thus humbly presented our opinion of these Acts, we beseech your Majesty to use the most effectual methods to deliver the said Province from the arbitrary oppressions under which it now lies, and to order the Authors thereof to be prosecuted according to Law; at the same time we represent to your Majesty, how much the powers given by the crown have been abused by some of your subjects, justice requires us to acquaint your Majesty that some of the Proprietors absolutely refused to join in the ratification of these Acts. We humbly beg permission to inform your Majesty, that other great injustices and oppressions are complained of in the petition; but the nature of the fact requiring a long examination, it was not possible for the House to find time for, so near the conclusion of the Session; and therefore we presume with all duty to lay the petition itself before your Majesty, at the same time we present our address. We cannot doubt but your Majesty, who from the beginning of your reign has shown so great a concern and tenderness for all your subjects, will extend your compassion for those distressed people, who have the misfortune to be at so great a distance from your royal person, and not so immediately under your gentle administration. Your Majesty is fully sensible of what great consequence the Plantations are to the crown of England, and to the trade of your subjects, and therefore we rest assured, that as your Majesty will have them all under your

Royal care, so in particular, you will be graciously pleased to find out and prosecute the most effectual means for the relief of the Province of Carolina."

To this Address, the Queen returned the following

answer:

"I thank the House for laying these matters so plainly before me: I am very sensible of what great consequence the Plantations are to England, and will do all in my power to relieve my subjects in Carolina, and protect them in their just rights."

The subject was referred to the Lords Commissioners of Trade and Plantations. On the 24th May, 1706, they reported to the Queen that, the General Assembly of Carolina had abused the power granted to the Lords Proprietors, and had forfeited the Charter. They recommended to the Queen, to recal the Charter by a Scire Facias out of the Court of Queens Bench. This representation was signed by the Right Hon. Lord Dartmouth, the Hon. Robert Cecil, Sir Philip Meadows, William Blathwayte, Esq. Matthew Prior, Esq. and John Pollexfer, Esq. On the 10th June, the Queen declared the Laws to be null and void.

The Society for the Propagation of the Gospel in Foreign Parts, likewise felt themselves called upon to notice the Act of Nov. 4th, 1704. At a meeting in St. Paul's Church, they determined to send no more Missionaries to Carolina, until the 16th section relating to the Lay-Commissioners, should be repealed. The offensive Acts were repealed by the General Assembly, Nov. 30th, 1706.

Mr. Marston's ejectment from Office still continued to irritate his friends. As the Board of Lay-Commissioners were abolished, and the Act appointing them repealed, it was thought that something might be done by the Assembly, favourable to his interests. An effort had been made the preceding Session and failed

He again applied for payment of the