America and West Indies: December 1702, 7-10

Pages 13-44

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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December 1702, 7-10

Dec. 7.
16. Robert Quary to the Council of Trade and Plantations. It was the middle of October before I arrived in Virginia. From thence did immediately send away to Carolina in order to H.M. commands and service. The time I spent in Virginia gave me the opportunity to inform myself very nicely into the affairs of that Government, wch. was never in a more happy state in all respects then now; those few factious persons that did endeavour to perplex the Government, have lately by the Governor's prudence been so exposed and layd open to the Assembly and whole Country, that they are become the contempt of all good people, and the Governor's conduct and justice so highly approved of, that the whole country doth unanimously and entirely joyn in all things tending to H.M. service, the defence and good of the Province. All which is matter of fact, wch. will appear by the several Addresses etc. Governor Nicholson spent out of his own pocket more then 500l. in a most splendid Proclamation of H.M.; he hath improved the Revenue to a very great degree; he found it very much in debt, which he hath cleared; he hath almost finished and paid all the Publick Buildings, and after all there is now more than ten thousand pounds in Bank, the public taxes never easier or lighter, the people never better sattisfyed and contented then now. There is great want of arms and ammunition for the defence of the country; the Militia put into the best order of defence they are capable of, tho' I cannot depart from my former opinion that the best security and defence of that and the neighbouring Province is some Naval force.
By letters from Carolina of Sept. 26, I have certain advice that the Government had all things in a readiness and prepared to attack St. Augustine. The methods of their proceedings is thus: they have prest ten vessels, and have four hundred men to man them, which are ordered under a Irish Commander to go to sea and land all the men at the most convenient place neer the Fort. At the same time there is 100 more very good men that goe within land at the head of a great number of Indians, who are to fall on the town and fort by land as near as possible at the same time, the methods being agreed on by sign. I am very well satisfyed the design being thus laid cannot miscarry, the consequence of which will be of very great service to H.M., by removing the ill neighbourhoods of the French and Spaniards, and securing the South frontiers of the Main. I do expect to receive by the first the particular success of the action, which I will dispatch to your Lordships and do hope that the present Governor of that Province will hasten the welcome news of their victory to your Lordships.
My next step is Roanoak, which is the north part of Carolina; the people are very uneasy and discontented, and do labour under great difficulty in securing the peace of the country. The Proprietors have taken no notice of them for above seaven years past; there is no settled Militia, nor any foundation of Government. The country produces great quantities of provisions and tobacco. All their market for their tobacco is to New England, from whence 'tis carried to Newfoundland and other wrong marketts, to the great ruin of H.M. Revenue and of trade, wch. mischief cannot be remedied until that part of the Propriety be joined to H.M. Province of Virginia, then all the tobacco will go home directly to England, wch. now by a most unreasonable law made in Virginia they are hindered to ship off from thence.
The Government of Maryland hath for some years very much encreased in the number of people, in their trade, in the value of their land and improvements, H.M. Revenue much augmented, my Lord Baltemore's rents very much advanced, and the people very easy and satisfied, and all this is on all hands concluded to proceed from no other course then that Province's being under the immediate Government and protection of H.M.
I am now come to the Three Lower Counties, where, in obedience to your Lordships' commands, I did at my arrival at Newcastle shew them your Lordships' Instructions to me concerning them, then wch. nothing could have proved so great a satisfaction, especially considering that it came in a juncture of time when they and the Upper Counties were all in confusions. The Lt.-Gov. Hambleton. [Hamilton] was pleased to summon them to meet the members of Mr. Penn's Province in Assembly, not according to the former method, for now the Upper Counties are chosen and meet by vertue of Mr. Penn's late Grand Charter. But the writ for the Lower Counties hath no foundation for their being summoned as an Assembly. However, they appeared, contrary to the expectation of the Lieut.-Governor and the Quakers, and have managed themselves so prudently as to lay the ground of the separation and confusion that must follow at Mr. Hambleton and the Quakers' own doors, as will appear from enclosed Addresses etc. The whole management of this afaire was only a trick [of] Mr. Penn's to find out som culerable pretence of laying down [?the] Government of the Three Lower Counties, wch. he had for above 20 years [?usur]ped without any Commission, power, or authority derived from the [?Crown] of England, and in all this time had exercised all the regal power of Government, as the erecting Courts etc. and did actually execute several of H.M. subjects without either Judges, jury or evidences being sworn or quallified according to Law. He called Assemblys, levied money, and did all other Acts of Government, but now finding that your Lordships are pleased to enquire into these affairs, he is willing to drop the Government of these Counties, without noyse, which he thinks he hath now effected. It is very necessary that H.M. Letter may be sent to one of the gentlemen of the Lower Counties, impowering him to preserve the peace of the Province, until such time as H.M. hath otherwise disposed of that Government. I cannot recommend a better man than Mr. Jasper Yeats, who is a gentleman of the best estate in that country, a man of sense and good reputation. I have tried all ways to purchase at any rate attested copies of several Charters, which he past a very few days before he left this country, but cannot prevail. They govern the country by these Charters, and yet are afraid or ashamed to have them seen. Mr. Penn, as it seems, now having greater assurance of continuing his Government then he had when he granted these extravagant Charters, which destroys the very being of Governmen, is now endeavouring by his Agents to recall or overthrow his late Charters, but the topping Quakers of this Corporation are resolved to hold their unbounded power as fast as they can, so that all things is in a very great confusion. They flatter themselves that, let what Government will come, they are above it all, having the choice of all their magistrates and officers, which cannot be removed by any power or Assembly whatsoever, they have not only the Government of the City but of the whole Province to that degree that the country is very uneasy; what the consequences will be, time will shew. I thought it had been Mr. Penn's duty to have laid those Charters before your honble. Board. The members of the Lower Counties in their Address set forth that they cannot get copies of them. At my arrival here I found that Mr. Penn had filled the heads of all his friends with strange notions of his extraordinary great influence at Court, and that H.M. was pleased to blame him for not coming oftener to visit hir, and had given him assurance of continuing his Government. He hath given full encouragement to his Corporation to exercise the powers of the Admiralty, so that H.M. Officers of the Admiralty are but as so many cyphers, nor doth the Custom-house Officer signify much more. For instance, in June last came hither a brigantine from Curesaw, one Butterworth, master, and put on shore a chest of European goods and East India goods, without certificate or entry of the said vessel or goods, which the Collector seized, and afterwards seized the vessel, on board of which was a great quantity of goods, but was forced from on board the vessel, and on complaint to a Justice could have no assistance, but the vessel run away to Road Island and there landed all his goods, and afterwards had the impudence to return hither again with the briganteen, when the Master had stripped off all his rigging, cables, anchors, sails, and what was valuable, and then left her to the officer to seize, which he did, and then went to the Lt.-Gov. to have his assistance to search for the said rigging. The Governor was pleased to say it was time enough when the vessel was condemned. In the meantime all was removed and secured. In Sept. last one Mr. Mulder, of Curesaw, imported into this place to the value of 1,400l. worth of European goods and rann them ashore; about June one Stafford arrived here from Curesaw and landed a great quantity of European goods and East India goods without certificate or entry, one chest of which was seized and condemned. I know Mr. Penn will be very angry to have the Religious People of his Government so much as taxed with encouraging illegal trade, and perhaps will not so much as know any of these instances, though his Agent hath received his share of these condemnations. I am very unwilling to aggravate things beyond the necessity of my duty, but am very well assured that unless some measures are taken to prevent illegal trade in this Government, and likewise in Connecticutt and Road Island, it will ruin all the honest trade of America. The merchants of New York, as well as the Officers of the Customs, did complain to me at my being there last week, that unless some extraordinary methods are speedily taken to prevent the illegal trade of these two Northern Proprietary Governments, it will ruin all the trade of these parts. They have got a way of late to go there directly from Curesaw and procure false certificates for those goods, and so carry them into the other Governments, which must be prevented, else the consequence will be very fatal to the manufactury and trade of England. In Oct. last there was a sloop bound for Curesaw in which a merchant of this place designed to go, and had ordered a tobacco cutter, which is a considerable trade in this place, to pack him up a considerable quantity of tobacco in flower-casque, but the merchant's money falling short, was forced to leave part of the tobacco on the man's hands, wch. occasioned a suit of Law; this made the business publick; afterwards the sloop alters hir voyage and designed for Jamaica, upon which they put ashore divers casks, which they said was Indian corn, but proved evidently to be cutt tobacco, which was seen by a great many people as it lay on the wharfe; however, the officer's eyes were shutt and the sloop is gone her voyage to Jamaica. Mr. Penn hath made a kinsman of his Naval Officer, who declare that whatever seizures he makes shall be tried in the Court of Pleas, of which he is also the Clerk. This liberty he pretends the Law gives him, although it be contrary to the very intention of the Act. However, he hath been so good as his word, for having seized a vessel which traded contrary to Law, he brings his libel into the Court of Pleas, and there she was acquitted. So that we have here only the name of a Court of Admiralty, and as matters are managed by this Government at present, it will not answer the end. There hath been a great deal of art and industry used to impose on your Lordships a second sham Militia to serve a turn. Great pains was taken to perswade the people to list themselves, great promises made, abundance of strong liquor spent and fine speeches, but all amounted to no more than the gathering together about 30 or 40 men, to compleat wch. forces they drained the gaol of some, borrowed some servants and others, and after all this scandelous ragged Regiment had not above 6 swords amongst them, no shews or stockins, and finding themselves exposed and ridiculed, the Lieut.-Governor was ashamed of his Militia, so they were dismissed and never appeared since, tho' I expect to find an account of them in the Gazette, which is the least that Mr. Penn can doe, to let the world know how formidable a Militia he hath to defend H.M. good subjects of this Province. I will not trouble your Lordships with the Quakers' severe threats against me and all other concerned for H.M. interest, for my own part I value it not, but the hard usage I met with in England by those vexatious actions brought against me by Mr. Penn's contrivance, one of which actions is still depending, doth very much startle the Queen's Officers, and makes them very unwilling to act, wch. is improved by the constant insults and threats of the Quakers, who endeavour to persuade all men that Mr. Penn is the chief steersman at the helm of Government in England.
I have lately been to New York, in order to H.M. Service, which called me to attend on my Lord Cornbury, in order to a convoy for the vessels laden with provisions which I am ordered to despatch away to Jamaica for the supplying H.M. forces designed for that place, which gave me opportunity not only of observing the present happy state of that Province, but also its late most miserable condition. No country was ever reduced to more miserable circumstances than that poor Province was under the late unhappy Government. Had it continued but some short time longer, the very nature and being of an English Government had been extirpated in all its parts, the trade of it totally ruined, and deserted by all the English inhabitants, and so left a prey to the French. A particular account of the barbarous and inhuman usage of most of the considerable persons of that country is a subject fitter for a volume than a short remark. I will therefore referr that, and proceed to acquaint your Lordships with the happy change and postures of affairs since the arrival of H.E., which cannot be better demonstrated then by the Address of the Assembly and all the Counties of the Provinces, the vast return and increase of its trade, which was before quite ruined and decayed, the great joy and satisfaction which appears in the countenances of all except a few of the meanest and most despicable of the Dutch, and which is most, the present happiness of that Government and people appears by the cheerfulness and readiness of the whole in contributing towards the support of H.M. Government against the French and all other H.M. enemies. H.E. hath managed himself with great prudence and conduct in relation to those fire-brands, Attwood and Weaver, who have great judgment on them for their wicked deeds, outlived not only their reputation, justice and reason, but their great politicks and interest too, and have left such an infamous carracter behind them that can never wear off. It is the hopes and hearty wishes of all good men that my Lord Cornbury will quickly be the happy instrument of healing the breaches and restoring tranquillity to the poor distracted inhabitants of the Jerseys, who are impatient till my Lord's Commission comes, that so they may be freed from the tyranny of the Quakers, who are more inhuman than the Taskmasters of Egypt, nor are we of this Province without some hopes in due time by your Lordships' order we may recover the influence of H.M. grace, favour and protection. I do wholly rely on your Lordships' favour in relation to the perfecting wt. your Lordships were pleased to propose to H.M. on my behalf, the payment of my 300l. towards the charges and expense of my voyage for England, wch. is much short of what I am out of pockett. Your Lordships were pleased to propose that I might be further impowered and qualified to serve H.M. and your Lordships in these parts of America. I gave in several memorials in behalf of Mr. Jno. Moore, H.M. Advocate of the Admiralty, who hath served now about 5 years without any reward, and in my absence hath asserted H.M. interest with much courage and zeal. If something be not done for his encouragement, it will be impossible for me to keep him steddy. Signed, Robt. Quary. Endorsed, Recd. 22nd, Read Jan. 27, 1702. 7 pp. Enclosed,
16. i. Abstract of preceding. 2¼ pp.
16. ii. Memorandum of Address of the Three Lower Counties to the Board. (No. v. infra.) ½ p.
16. iii. Memorandum of several papers relating to the sitting of an Assembly in Pennsylvania. (See below.) ½ p. [C.O. 323, 3. Nos. 142, 142.i.–iii., 110; and (without enclosures) 324, 8. pp. 194–211.]
Dec. 7.
17. Memorandum of above Letter from Col. Quary to the Council of Trade and Plantations. ¼ p. Enclosed,
17. i. Minutes of Council in Assembly of Pennsylvania. Philadelphia, Nov. 19, 1702. Present: Andrew Hamilton, Lt.-Governor, Edward Shippen, John Guest, Saml. Carpenter, Wm. Clark, Tho. Story, Caleb Pusey, and James Logan, Secretary. Ordered, that the Members of the Three Upper Counties doe give in writing under their hands, Yea or No, whether they are willing to joyn to act as an Assembly with the Members of the Three Lower Counties as they are now respectively chosen.
Answer: We of the Upper Counties viz. Philadelphia, Chester and Bucks are willing to joyn with the Members of the Three Lower Counties to act as an Assembly in a Charterall way, or according to Charter, and not otherwise. Signed, David Lloyd, John Swift, Wm. Paxton, Andrew Job, Nich. Pyle, Jo. Bennett, Joseph Growden, Griffith Jones, Antho. Morris, Jere. Langhorne, John Warrd. Copy. 1 p.
17. ii. Minutes of Council in Assembly of Pennsylvania. Nov. 19, 1702. Ordered that, if in response to the above question, either or both of the bodies of Representatives shall by their answers refuse to joyn with the other, those who so refuse be desired in writing to represent to the Governor and Council what methods they propose for the forming of an Assembly to prevent the Government suffering for want of one, when affairs of such importance as have been proposed require their immediate service. Signed, James Logan, Secretary. Copy. 1 p.
17. iii. Minutes of Council of Pennsylvania, Nov. 19, 1702. Ordered that the following question be sent in writing to the Representatives elected to serve in Assembly for the Three Lower Counties annexed to Pennsylvania, now convened at Philadelphia, and that they be desired to give their answer under their hands also in writing:—Are the Members of the Lower Counties willing or not to joyn with those of the Province on the foot they [are] now respectively called? Copy. 1 p.
17. iv. Answer of the Members of the Three Lower Counties to the questions of the Governor and Council:—Finding they are called here upon a different foot with those of the Upper Counties, cannot, if there were no other obstacle, join with them in legislation, but are chearful and willing, when warrantably convened, to proceed in Assembly to answer H.M. commands, and such other matters of importance as then shall be laid before them, though they will not presume to direct this Government in what methods to convene them, they supposing it not their business, but that of those who have the rule over them. Signed, Ro. Trench, Richard Halliwell, Jasper Yeates, Evan Jones, Thomas Sharp, John Footer, John Hill, Joseph Booth.
17. v. Address of the Members of Assembly for the Three Lower Counties to the Council of Trade and Plantations. Philadelphia, Nov. 21, 1702. The Members aforesaid (all but four, absent by sickness) acknowledge letter June 25 to Col. Quary, "returning their gratefullest acknowledgments for your condescension, and beseeching your Lordships to represent us to H.M. in the number of dutiful and obedient subjects. The encouragement given us (whereon we rely) of protection adds new life to our drooping spirits, who have hitherto bin fed with the empty promises of Mr. Penn, under the most solemn assurance that on his return to England to gett us so established and secured and put us in such a posture, wee might be less apprehensive of an attack from an enemy, either by sea or land. But we are now convinced he has rather put a false gloss on our circumstances, instead of representing the nakedness of our country, hourly exposed to the insults of the most inconsiderable enemy, having neither militia, officer, fortgun, powder or shott, and in an open Bay, a consideration so astonishing will hardly leave room to think of our many intestine misfortunes. Wee are now summoned by a writ from the Lieut.-Governor to meet the Members of the Upper Counties (called the Province) that are elected by colour of one of the Charters granted by Mr. Penn to his favourites on his departure, in which are several clauses destructive to all Government (as would appear, could we come at a copy to lay before your Board), and this scheme we are prest to own and act conjunctly with, otherwise a separation must follow, which we are well assured was concerted beforehand and projected as an expedient to throw and drop that part of the Government Mr. Penn has so slender a pretention to. The results of this meeting the above papers will tell. All the tobaccos of the River and Bay are made in these Counties; tenn vessels has bin mostly loaden therewith for England this year, and much more would be rais'd, would H.M. be pleased to countenance those that have hitherto laboured under all the calumnies and depretiating characters the Quakers could suggest, but to descend to particulars of that kind is to large a field. We therefore humbly implore your Lordships to state our condition to H.M., hoping the Queen will vouchsafe to take us into her immediate protection (whose reign God prolong)." Signed, Ro. Trench, Richard Halliwell, Jasper Yeates, Newcastle County; Thomas Sharp, Evan Jones, John Foster, Kent County; John Hill, Sussex County. Endorsed, Recd. 22nd, Read Jan. 27, 1702 (1703). Addressed. 2 pp. [C.O. 5, 1262. Nos. 10, 10.i.–v.]
Dec. 7. 18. William Penn to [? the Council of Trade and Plantations]. Honble. Friends, I send the enclosed passages, by which you will have hints of our circumstances in America, which I took out of three letters lately received. They urge me to beg your dispatch of the approbation, a ship lyeing in the Downs for the first winde that presents. The security waits your letter to make way for it. Signed, Your very respectfull Friend, Wm. Penn. Endorsed, Recd. 7th. Read Dec. 8, 1702. Holograph. 1 p. Enclosed,
18. i. Copies of extracts from Letters from Philadelphia to William Penn. (a) 29th, 5 mo., 1702. Hond. Governor, By last post a packet arrived with orders directed to proclaim the War, which was accordingly done, 24th inst. Upon the occasion given, the Governor, as he had done also before, [he] recommended to the People to think of putting themselves in a posture of defence, and since that issued Commissions for one Company of Militia and intends to proceed all the Government over. Those of the hot Church Party oppose it to their utmost, because they will have nothing done that may look with a good countenance at home; they have done all they can to diswade all from touching with it, but the Capt., who is one George Lowther, mustering two days agoe, had a sufficient Company for the first appearance. Lord Cornbe [sic] is now at Albany treating with the Indians who come in to him very slow; things on that quarter do really appear dark. I wish we may be in no danger from thence. Harry of Conostogo was here last week, and is gone up to Onondagoes, who hath engaged to bring certain advice how they stand affected.
(b) 13th, 6th mo., 1702. Hond. Governor, Butterworth hath brought his brigantine in, the Governor presses forward his militia, but the Church Party, as they call themselves, leave no stone unturned to oppose it; an Approbation is much wanted, and makes the Governor very uneasy. About three weeks ago Edmd. Du Casteel coming from Jamaica fell in with the French fleet, Lat. 35 or thereabouts, commanded by Chatau Renault convoying the Plate fleet home; there were 36 men-of-war; the whole fleet in number 56. Ed. was on board the Admiral and had a pass from him, assuring him there was no war; whether the Admiral knew no better or not, is uncertain; Edmd. did not then. Bembo lies still at Jamaica; they say he hath dispatched an express home, which is about them, but it was not publickly known in the West Indies that any fleet so large was in those parts. I forgot to mention an intrigue of D. Loyd's and J. Moor's (who are now most strictly united) to confuse all our Courts and their proceedings; that a stop being put to the administration of Justice, such complaints may be now sent home as they were upon the convulsions of this Government, when the King took it into his hands before; he is now made by J.M., Col. Quary's Deputy Judge of the Admiralty, Advocate of the said Court, and is now at Newcastle upon a trial in it, notwithstanding his opposition to it before thy arrival occasioned thee so much trouble. J. Moor is the Queen's Advocate of the Admiralty and Col. Quary's Deputy Judge, and he that cried out so much of D. Loyd for his disrespectful expressions of the late King's Commission to the Officers of the Admiralty, whom I turned out within 14 days after the order from the Lords to that effect Justices came to hand [sic], he (J. Moor) hath thought fit to make his Deputy Advocate, wch. seems to be without Justice, if not without president, to the poor subject. I beg your dispatch of the Approbation for the publick peace and security. 2 pp. [C.O. 5, 1262. Nos. 11, 11.i.; and 5, 1290. pp. 262–266.]
Dec. 7.
St. Jago de la Vega.
19. Minutes of Council of Jamaica. Governor Thomas Handasyd took the oath relating to the Acts of Trade and Navigation. He read a letter from H.M., Sept. 7, 1702. "Our will and pleasure is that forthwith upon receipt hereof you cause such a number of barracks to be built as may be sufficient to receive 3,000 men, the same to be placed at greater distances than they usually are in Europe," which he recommended to the serious consideration of the Board. The Board unanimously gave their opinion that it would be impossible to perform H.M. commands in building of barracks, there being no provision of a fund made by H.M. for defraying such a considerable expense. But that all due care shall be taken to provide all conveniences of House-room that can be got in the towns and places adjacent for their present reception, not doubting but they will come provided with tents and hammacoes. Ordered that the Receiver General pay the 15d. per diem, which was ordered to be paid to the French and Spanish prisoners, and place what he shall so pay to account of H.M. Revenue. [C.O. 140, 6. p. 112.]
Dec. 8.
20. Council of Trade and Plantations to Governor Sir Bevill Granville. Enclosing copies of petitions and Order of Council [July 9 and Nov. 26], relating to Appeals. All which papers you are to communicate to H.M. Council of Barbados and together with them to consider the same, and thereupon to signify to us what may be the consequences of any such alteration as has been proposed, and what is the general sense of the inhabitants. Signed, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior, Weymouth, Dartmouth, Ph. Meadows. [C.O. 29, 8. p. 266.]
Dec. 8. 21. William Popple to William Penn. Your letters of the 4th and 7th inst. have been laid before the Council of Trade and Plantations, and upon consideration of your Declaration enclosed in the first, not finding the same so conformable to H.M. Order in Council as they conceive it ought to be, their Lordships have directed me to return it to you, and therewith also to send you (as I do here enclosed) the form of a Declaration prepared by themselves in conformity to H.M. said Order, which they desire you to dispatch accordingly, upon fair large paper; and I am further to assure you that upon the receipt thereof they will make no delay in what remains to be done by them in pursuance of H.M. aforesaid Order. Annexed,
21. i. Copy of Declaration, as signed by Penn, Dec. 10. [C.O. 5, 1290. pp. 267, 268.]
Dec. 8.
22. Peter Beckford to [? the Earl of Nottingham]. In obedience to H.M. Commission, I delivered up the Government of this Island to Col. Handyside the 4th inst., and hope I shall deserve H.M. gratious approbation for what I have done whilst in it. I promised your Lordship an account of our Privateers, whom we then left on the Isthmus of Darien, designed for the mines of St. Maries (or Sta. Crux d'Cana), where they were assured from both Indians and Spaniards of meeting with a considerable booty, if they could take the mines without being descryed. Aug. 13, our people to the number of 400 or more landed at the Sambles, and were there joined by 50 French straglers, who had lived amongst the Indians for some time, and about 70 or 80 Indians under the command of one Pedro, a sensible Indian, who understands English, French and Spanish, and assured our people they should be joined by more Indians as they march'd along, and were accordingly by about 150 more. By reason of the continuate rains and badness of the way (the mountains being almost inaccessible) they did not get to the mines till the 31st. The Spaniards had got some intelligence of our men's landing, and had therefore sent advice to the mines, for within a day and a half's march of the mines our people met with a party of 11 Spaniards posted to descry us; an advanced party of ours fell in with them, killed two, took seaven; however, two made their escape to the Towne; and though we made all the dilligence that was possible after them, yet they got to the town about three hours before us, so that the Spaniards, taking alarm, fled with all their gold, negroes, and whatsoever else they could carry into the mountains. Some of the Spaniards, to the number of about 60, had posted themselves in a small kind of a brest work upon an eminence above the town, but upon the approach of forty of our men, they quitted their post, flung down their arms, and made the best of their way into the woods. We had but one man wounded, though we received their fire; the Spaniards were, I suppose, in two much haste to take aim; however, our men gave them a volley, kil'd 4 and took about 14, prisoners, met with some gold, but abundance of rich goods which they gave a considerable part of to the Indians, for it was not possible for them to bring it back, their very arms being luggage enough in such a march. The Indians were very serviceable to our men, both in their march and retreat back. This town of St. Crux and the mines lye within half a day's march of St. Maries. These mines are opened up at the foot of a very steep mountain, the Spaniards having worked it upwards for the more easy carrying of the water, which discharges itself into a small valley, begirt all round with mountains. The water seems all discoloured from the tincture of these or other mines, and the valley being very flat and swampish renders the place very unhealthy. Our people worked in the mines about 7 days till they began to grow sickly, which prevented their attempting of St. Maries, from whence they might have gone by water to Panama, the River of St. Maries discharging itself into the South Sea; during the time of their stay they workt and wash'd about 100 pound wt. of gold. This gold, my Lord, grows in the hard solid rocks and generally appears in little sparks, but sometimes in large stringy veins: the miners dig the solid rock, pound and grind it to dust, then wash it. I have sent your Lordship two pieces, one of the top of the mine, which they term the Mother of Gold, and the other a small peece of the rock which has the gold in it, tho' not rich, which will give your Lordship a better idea than anything I can say. We took about 80 of their negroes, some of their top miners. It's said that the Spaniards had above 1,000 negroes at work at this mine, who would all have come into us, but were afraid, as well as the Spaniards of the Indians, who are not used to give them any quarter, and yet without the aid of these salvages, such a march as our people went, would not have been judged practicable, for the Spaniards do affirm that no Christians ever pas'd those mountains before; but had they gone the way which I thought they would have taken they need not have met with half those obstacles, nor would their march have been near so long; however, God be praised, we lost but two men in the expedition, and the Spaniards may see that we can find the way to their mines, whenever H.M. commands us, and if ever we visit these mines again my advice should be to land at Golden Island, and march by way of the Stocados, a work of but 4 or 5 days to St. Maries, which lyes within half a day's march of these mines, and then you have no river to cross but Rio Grande. Or if you land at Orange Bay, which lies between Chagre and Puerto Bello, you may march to Panama in 48 hours; from thence you have the sea to the River of St. Maries, which will carry you up to the Town of that name; but several other ways might be contrived, which I shall be very ready to acquaint your Lordship with, whenever your Lordship shall be pleased to lay your commands on, signed, Pe. Beckford. P.S.—I cannot tell whether your Admiral Benbow may have informed your Lordship of the number of soldiers on board Ducass' fleet, though I sent him letters taken in a Spanish pacquet-boat brought in hither by one of our privateers. Ducass sent 500 soldiers (who were 2,000 in all) to the Havana with 2 sail of men-of-war, and 500 more with the Vice-King of Mexico, the Marquis D'Albequerque, to La Vere Crux, with 2 other ships of war. When he met our Admiral, he had left 4 men-of-war and 1,000 soldiers, 500 whereof he has, I suppose, landed at Carthagena, and sent the other to Chagre. Ducass is now careening at Carthagena, and his intentions are to go to the Havana to meet the other ships who are to careen there, where they will be joyned with some merchant ships; for the Spaniards write that when Ducass should arrive, they should be a fleet of 20 sail, intended immediately on their conjunction for Europe. Signed, Pe. Beckford. Endorsed, R. Feb. 6, 1702/3. 3 pp. [C.O. 137, 45. No. 29.]
Dec. 8. 23. Journal of Council of Trade and Plantations. Letter to Sir Bevill Granville signed.
Letter from Mr. Penn, Dec. 4, enclosing a Declaration signed by him, read. But their Lordships not finding his said Declaration conformable to H.M. Order in Council directed the same to be returned to him, together with the form of a Declaration now prepared by themselves in conformity to the said Order, and that it be signified to him that, upon his dispatch of this Declaration, they will make no delay in what remains to be done by them in that matter.
Letter from Mr. Penn of the 7th inst., with extracts enclosed, read.
Sir Wm. Dane, Mr. Clayton, Mr. Johnston and Mr. Burridge, Members of Parliament for Bristol, Liverpool and Lime, acquainted the Board that having understood there had been application made by some merchants of London to H.R.H. the Lord High Admiral against the sending any considerable fleet and convoys to Virginia, this next season, they had petitioned H.M. to the contrary, and did expect to have found both those petitions referred to this Board; but their Lordships acquainting them that no such reference is yet come, they said they would enquire into the matter, and endeavour to promote it, and then wait upon the Board with their reasons against the design of the London Petitioners, wch. they esteem to be very pernicious to the Colony and Trade of Virginia and to H.M. Revenue arising by Customs on Tobacco.
Dec. 9. Copies of Brigadier Selwyn's Instructions about settling the Public Revenue in Jamaica, Aug. 14, 1701: and of Col. Handaside's Commission to be Lt. Gov. of Jamaica, June 20, 1702, lately received from the Earl of Nottingham's Office, were laid before the Board.
Orders of Council, Oct. 22, approving Governors' Instructions, read.
Order of Council, Oct. 30, read.
Letter from Governor Winthrop, July 29, read.
Letter from Col. Maurice of New Jersey, Sept. 29, read.
Letter from Mr. Larkin, July 1st, read.
Memorial from Mr. Usher, Nov. 16, read.
Their Lordships proceeded to the further consideration of the Act for the setling and strengthening H.M. part of St. Christopher's, and directed a Representation to be drawn in order to the repealing of it.
Dec. 10. Mr. Eccleston and Mr. Wych [?Wyeth] desiring a Copy of the Act lately received from Maryland for the maintenance of Ministers etc. in order to such observations as they shall find proper to be made thereon, their Lordships acquainted them that they had not yet had leisure to peruse the said Act, but when they came to consider it, they would be mindful of their desire.
Ordered that the Address from the Inhabitants of New York to his late Majesty, dated Dec. 30, 1701, as likewise their Address to the House of Commons, received in Lord Cornbury's letter, Sept. 27th, be sent to the Earl of Nottingham.
Representation to H.M. for the repeal of an Act of St. Christopher's, signed.
Letter from Mr. Penn, enclosing Declaration, together with a letter from Col. Hamilton to him relating to the State of Pennsylvania, read. Secretary ordered to write to Mr. Lowndes that security may be taken for Col. Hamilton's observing the Acts of Trade in Pennsylvania, in the same manner as has been lately done for the respective Governors of Carolina, and of the Bahama Islands; and in order thereunto directed the names of Paul Docmanique and Adolph Philips, proposed by Mr. Penn, to be inserted in the bond to be taken for that purpose.
Ordered that a Copy of the Report of a Committee of Council be annexed to H.M. Order in Council relating to Appeals in Barbadoes, be enclosed in the letter from the Board of the 8th inst. to Sir Bevill Granville. [C.O. 391, 15. pp. 309–316; and 391, 96. Nos. 197–199.]
Dec. 10.
[10 Xber.]
24. William Penn to [? William Popple]. Esteemed Friend, I have neither so good paper not so good a hand, so send the same executed by me, to avoide giveing occasion to any of the Lords to think I delay wth. designe to triffle wth. them. If it please not, I must desire that the same Clark write it over fair in the best paper, not folded, and I will signe and seale it, and satisfy him, tho' with some reluctancy, I must needs say, without Govermt. in only Council tell me I may do it, for that Goverment is the subject matter the declaration refers to. I have here enclosed part of a letter from Governor Hamilton that confirms what I suggested of the necessity of the dispatch of an approbation, and that some turbulent people will not be satisfyed full nor fasting. I am with truth, Thy affect. Frd. Wm. Penn. Endorsed, Recd. Read Dec. 10, 1702. Holograph. 2 pp. Enclosed,
24. i. Lt. Gov. Hamilton to William Penn. Burl[ington], Sept. 19, 1702. The last I had from you was by Mr. Morris, April 24. This is the first opportunity I have had since to write by. I wrote several letters of the 7th and 9th of May by John Satchell, who came by Guy, and several since. In one I sent you a certificate from Jamaica, and attested by Mr. Bailey to be a true copy of the original in his hands, that the indico for which Wm. Roydon's sloop was seized (which I mentioned to you in mine of Dec. last) had paid the duties and bond given pursuant to the Act of Parliament. I hope then I shall not be blamed for having admitted him to bail to produce this certificate. As to the state of your country in general, filthy foul practices are used to run the inhabitants into confusion, but as yet both Province and Territories keep Courts at their seasons appointed by Law, except the Court at Bucks, wch. by a stratagem of D. L[loyd?] was adjourned without doing anything, wch. I shall put out of his power next time. Since I proclaimed the war, I have appointed officers for the Province and territories. Noebody can imagine what ungentleman-like practices are set afoot by those who to the scandal of their profession call themselves Churchmen, to discourage those who have inlisted themselves to continue; they cause their wives to fall upon them for leaving their business, as they call it, and they that want, they busily dissuade them to appear any more in arms, for, say they, the chief argument we have to defeat the present Government under Mr. Penn is to have it to complaine that we are without a Militia, and your appearing will remove that complaint. However, the Cavalier part of the Church despise those mean devices, and take Commissions and industriously encourage the inhabitants to inlist themselves. The small-pox has run thro' your country and West Jersey, and by the extream variety of weather fevers and agues are very frequent, but praise to God he carried off but few. Poor New York lies under a sorer affliction, for after the small-pox had run over the town, a malignant fever ensued, wch. has carried off several hundreds, among others Col. Menville and the Secretary, and rages at present at that rate that all communication is broke up with them, but by the post most families left the town and settle in the Jerseys and Long Island, and my Lord Cornbury forced to keep at Albany. I hope the cold weather will abate it; it is far more terrible than that sickness wch. happened at Philadelphia the fall before your arrival. My humble duty to his Grace the D. of Hamilton. I humbly make my acknowledgements for the honour you tell me he doth me in remembering me. I designe next post to write to his Grace. I thank God all our family are in good health, and begg you and your Lady accept their humble regards, and soe doth in great sincerity, yr. most obedient servant, And. Hamilton. 1¼ pp.
24. ii. Declaration of William Penn. I underwritten do by these presents declare and promise that the Queen s Royal Approbation and allowance of Col. Andrew Hamilton to be Deputy Governor of Pennsylvania and the Three Lower Counties upon Delaware River, for one year only, shal not be construed in any manner to diminish or set aside Her Majesty's claim of right to the said Three Lower Counties. In witness whereof I hereunto set my hand and seal, this 10th day of December, 1702. Signed, Wm. Penn. Sealed. Endorsed, Recd. Read Dec 10, 1702. ¾ p. [C.O. 5, 1262. Nos. 12, 12.i., ii.; and 5, 1290. pp. 273–277.]
Dec. 10.
St. Jago de la Vega.
25. Lt.-Governor Handasyd to the Earl of Nottingham. Upon the receipt of H.M. Commission to me as Lt.-Gov., I have by and with the advice of the Council called an Assembly, which will meet in 40 days from the date hereof, in order to put things in their due channel, and that the Law may have its due course, there having been no Court held here these two years. Several Councillors being aged and infirm and cannot attend in Council, and there being a vacancy in the room of Sir Thomas Muddiford, decd., I beg your Lordship would be pleased to put in as Councellor Lt.-Col. Francis Rose, a man that is faithful and zealous for H.M. service, and one of a very good estate in this Island. Signed, Tho. Handasyd. Endorsed, R. Feb. 6, 1702/3. 1 p. [C.O. 137, 45. No. 32.]
Dec. 10.
St. Jago de la Vega.
26. Lt.-Governor Handasyd to the Earl of Nottingham. Acknowledges receipt of letters. The fleet being out upon a cruise, I have writ to Rear Admiral Whetston, that H.M. service requires his return here, at which time I shall deliver him the letter enclosed for Admiral Bembo. In relation to the troops, as well as those under H.M. pay as the inhabitants of the Island, there shall be all diligent care taken to have them in readyness; as to the secrecy of the matter, that H.M. enemies may not come to know it, may I have my just reward as an ungrateful traitour if anything shall happen to H.M. disadvantage whilst blood in my veins. As to what H.M. is pleased to order about the building of barracks for 3,000 men, I do not know whether such may be intended as were raised in Ireland, 40,000l. would not defray the charge in this country, where such buildings are unreasonably dear, but others I hope may be contrived not to cost above 3,000l., and yet prove serviceable for 3 or 4 years; neither brick nor mortar need be made use of, and the expense of the workmanship (wherein many white men are not to be employed) will not be very chargeable. They will be made tight to keep out the rain and protect against the sun, and no extraordinary provisions need be made against the cold in so warm a climate. My utmost endeavours shall be in obedience to this and all other H.M. commands, which I will immediately put in execution, though I am very much afraid of my being streightned in part of time of [sic]. The Island is at present pretty healthy, but has been sickly. Signed, Tho. Handasyd. Endorsed, R. Feb. 6, 1702/3. 1¾ pp. [C.O. 137, 45. No. 31.]
Dec. 10. 27. Lt.-Governor Handasyd to the Earl of Nottingham. Enclosing Minutes of Council of Jamaica, Dec. 4 and Dec. 7. Signed, Tho. Handasyd. Addressed and sealed. Much torn. 1 p. Enclosed,
27. i. Minutes of Council of Jamaica, Dec. 4, 1702. St. Jago de la Vega. H.M. Commission constituting the Hon. Thomas Handasyd Lieut.-Governor and Commanderin-Chief was read, and he took the oaths appointed and subscribed the Test. Then he proceeding to swear the Council, Col. Beckford proposed a scruple, whether his having had a Commission and acting as Lt.-Governor does not suspend him from being a Councellor. The Board unanimously gave their opinion that, there being no other Instructions but those of Genl. Selwyn in the Island, wherein he is named as one of the Council, he undoubtedly remains so still; whereupon he took the oaths with the rest. Emmanuel Moreton, a newly appointed Councillor under H.M. Privy Seal, was also sworn. The Clerk of the Council and Provost Marshal also took the oaths.
Letter to the Governor from the Governor of Carolina read:—"St. Augustine, Sept. 16, 1702. The feeling sense we in Carolina had of the danger not only of the loss of this H.M. Colony, but in processe of time the same fate to all H.M. Plantations on this Maine, did for our immediate and particular preservation (as soon as we received H.M. Proclamation of War) raise force enough, as we thought, to take and subdue the Town and Castle of St. Augustine, and the Spaniards living in it. And that which prompted us to make the more haste was to prevent that assistance of soldiers and ships of war, which, as we have been informed, the French designed to send to them, which if they had done, the inhabitants of Carolina must necessarily have deserted their Colony. The Castle is very strong and regular, and if manned by French soldiers will not be subdued but by a royal force and Navy, which will be an extraordinary but necessary charge to the Crown. We are now Masters of the field and town, and have shut up all the Spaniards, men, women and children, in the Castle, which for want of such things as are necessary for taking such vastly strong-built places of defence (except your Excellency please to supply us with out of H.M. stores) we may be forced to leave untaken. The things we want are two or three mortar pieces, 50 or 60 shells, 20 barrels of powder, 2,000lb. of fusee shot, 200 granados with all the necessaries that belong to the mortar pieces and granadoes, together with an ingineer to use them and 200 great gun-shot and 100lb. of match. Lt.-General Robt. Daniell (a person that hath borne a considerable part of the charge, hazard and labour of this service, and who for his loyalty to the Crown and forwardness to serve his country, is worthy of very much creditt and respect) will give your Excellency a particular relation of our present circumstances and future designs, as well as an account of our wants. We design to tarry here till his return, unless an overpowering assistance of French or Spaniards first come to assist the besieged, or that want of victuals or water force a surrender. The latter we have not much reason to hope for so soon, which with the things sent for we doubt not will effect in three or four days. Signed, Ja. Moore."
The Governor acquainted the Board with H.M. Instructions that upon demand of assistance from any the neighbouring Colonies, we should, as far as we were able, give it to them, and thereupon Lt.-Gen. Daniell was desired to give an account to the Board of what was really and absolutely necessary. He gave a list:—One mortar, 50 shells, 10 barrels of powder, 500lb. small shot, 200lb. swan shot, 100lb. of match, two hand mortars, 200 hand granadoes. Resolved, upon due consideration of the advantage it may be to H.M. subjects in those parts, that the mortar and such other things in the list as we could spare should be supplyed to him, he giving security for the return of the mortar, and such of the other things as should not be spent before St. Augustine's Castle, to this Island in six months.
The Governor proposed whether it would not be most convenient that writs should be issued immediately to chuse a new Assembly, and that the Council of War now summoned be put off. The Board advised that writs be issued for an Assembly to meet at St. Jago de la Vega, Jan. 13 next. Proclamation ordered accordingly. The Governor proposed it to the consideration of the Board whether any and what way could be used to reduce the Gentlemen about Caymanas (who have refused to pay for the quarters of their soldiers in town) to such a temper that there may be no animosity nor difference between them and the Magistrates about it. Whereupon the Council unanimously advised the Governor that those Gentlemen should be summoned to appear here the next Council Day to give their reasons.
Order that a Proclamation be immediately issued for the continuance of all Officers, Military and Civil, in their respective posts till further notice.
Minutes of Council of Jamaica, Dec. 7, 1702. See under date. Endorsed, Recd. Feb. 6, 1702/3. 8½ pp. [C.O. 137, 45. Nos. 30, 30.i.]
Dec. 10.
28. [? William Popple] to Wm. Lownds. Refers to Order in Council, Nov. 11.
Mr. Penn having thereupon offered to the Council of Trade and Plantations that Mr. Paul Dominique and Mr. Adolph Phillips, merchants of London, are willing and ready to be sureties as required for Col. Hamilton, in the penalty of 2,000l., their Lordships send you the draught of a bond (approved of by Mr. Attorney General) for the Lord High Treasurer's directions, that the security be accordingly taken at the Exchequer or elsewhere as his Lordship shall think fit. [The copy of the bond was the same as that for Sir Nath. Johnson etc.] [C.O. 5, 1290. pp. 278, 279.]
[? Dec. 10.]
New York. 10 ber.
29. Governor Lord Cornbury to the Council of Trade and Plantations. Since my last by H.M.S. Advice, Capt. Caldwall, the said Captain, notwithstanding a positive order to the contrary, which he had received from me in writing, did receive on board his ship the Countess of Bellomont before she had given sufficient security for the several sums of money the late Earl of Bellomont in his lifetime, and her ladyship since his death, or their Agents, have received upon account of the four companies of fuzileers here, and which have not been paid to the said companies, nor to their use. By which means the officers here must either lose a very considerable sum of money, or must be at very great charges to sue my Lady Bellomont and Mr. Champante. I intreat you that I may have some fuller instructions concerning any man-of-war that may be appointed to attend this Colony; the Captains of the Queen's ships are not willing to think themselves under the command of the Governor of the Province where they are, only if the ship is ordered out to cruise they will obey, but if there is occasion to send an officer and a few men to make any seizure, or upon any other private service, and the Governor sends to the Captain for any one particular officer, which he thinks he can better trust then another, the Captain will send the number of men desired, but another officer; besides, before he will suffer him to proceed upon the service required, he will see the Instructions received from the Government; that great inconveniencys may happen by such proceedings did in some measure appear when I was at Albany; Mr. Weaver, who had upon my issuing a proclamation against him, surrendered himself, and promised to make up his accounts with the Deputy Auditor and some other persons I had appointed for that purpose, when he had given his accounts privately to the Deputy Auditor, thought fit a second time to run away with Mr. Atwood, and leave his bail in the lurch, the Gentlemen of the Council, whom I had left in towne, thought it their duty to pursue those two sparks, and sent to Capt. Stapleton, H.M.S. Jersey, desiring him to send his master with 12 men to be sent on an expedition for the Queen's service. The Captain immediately sent the boat and men, but instead of the master, sent a midshipman to command the men; the Gentlemen of the Council gave their orders in writing to the midshipman, and bid him proceed immediately, but instead of that, he returned on board the ship and delivered the orders he had received to his Captain, who kept them, and gave him orders in writing from himself; with these orders the midshipman went to the place to which he was directed, a small creek in East Jersey; there he landed, and was told that Atwood and Weaver had been there the day before, but were gone to a farm-house, half-a-mile farther into the country, where they then were; this being a very young man, and his orders from his Captain being to go to the Creek and no farther, he returned to New York without going to the farm-house, so that the taking of these two men was disappointed, whereas if the officer that was desired had been sent, I am fully perswaded they had been taken, because I know him to be a very dilligent good officer, and fit to be trusted.
Since the Advice sailed, no vessel has sailed from this Port for England, till now that the Benjamin store-ship, which has taken in all the masts that were provided by the late Earl of Bellomont, and as much of the timber as was brought down to York; there is more lies in the woods, which shall be brought down as soon as the frost is hard enough to bear a sledge, but it cannot be done sooner. I hope your Lordships will be pleased to direct that we may be supplyed with stores of all sorts, of which we stand in great need, espetially cannon; many of those we have being so honey-combed that they are not fit for service, and powder, not having 200 barrels left, and some barrels of that spoiled. The General Assembly met, according to adjournment, Oct. 20, at Jamaica, and sat there till Nov. 19, on which day I did, at the request of the House, adjourn them to New York, to meet there Nov. 16 (the sicknesse being, God be praised, quite over); there they continued their Sessions till Nov. 27, during which time they passed several bills, 15 of which I send transcripts for your approbation, and hope the Queen will be pleased to approve of them: the 1st is for levying and collecting 1,800l. for maintaining 150 fuzileers and 30 men to be employed as scouts for five months for the defence of the frontiers. I hope the reason for passing this is soe evident that your Lordships will easily consent to the confirming of it. The next is to enable the City of New York to supply the vacancy of their officers in case of death or other disability. The reason for this Act is the defect in their Charter, by which they are not impowered to chuse new officers in lieu of those that dye in the year. The third is for granting to H.M. 2,000l.; the 4th to appoint Commissioners to state the accounts and debts of this Province. This Act I earnestly intreat may be confirmed, for without it, it will be impossible to find out the debts of this Province. The next is for destroying of wolves, a very necessary bill. The 6th carries its reason in its title; the 7th is for settling the Militia; if this Act is not confirmed, we shall have no militia at all in this Colony. The 8th, for regulating of slaves is become absolutely necessary through the great insolency that sort of people are grown to. The 9th is absolutely necessary to prevent some doubts that might arise upon the adjournment of the Supream Court; the 10th to repeal several Acts of Assembly. This I did refuse to pass for some time, till the House passed the 14th, for continuing the Revenue, upon which I passed them both, which I hope you will approve of. The 11th for a free school, I hope wants no recommendation. The 12th being for the good of the City and a charge upon themselves only, I hope will be approved of. The 13th is of very great use to trade, and therefore I hope may be confirmed. The 15th, for the better maintenance of the poor, is extremely wanted in this City, and therefore I intreat it may be confirmed. I have no doubt at their meeting in spring the Assembly will continue to do their duty to H.M. to the utmost of their power. Encloses Addresses to be laid before H.M. Signed, Cornbury. Endorsed, Recd. Feb. 5, Read March 5, 1702 [1703]. Holograph. 4 pp. Enclosed,
29. i. Abstract of preceding. ¾ p.
29. ii. Copy of Lord Cornbury's Order to Capt. Caldwall not to take the Countess of Bellomont on board the Advice. (See supra.) Sept. 23, 1702. Signed, Cornbury. Endorsed as letter. 1 p.
29. iii. Copy of an Address from the Governor, Council and Representatives of New York to the Queen. Congratulate H.M. happy accession etc. Many of us in this Province have had the misfortune to be misrepresented as disaffected to the Government and Laws of England, and particularly to the person of his late Majesty, and several of us severely treated as such, by the persons then executing the powers of Government here, notwithstanding, we have all of us in our respective stations most studiously and constantly given proofs of our readiness to support the Government of England as by Law established. We firmly resolve upon all occasions to give fresh demonstrations of our inviolable duty, zeal and affection to your Majesty's person and Government etc. Signed, Cornbury, William Smith, Pa. Schuyler, Sa. Sh. Broughton, Wm. Lawrence, Gerard Beekman, Caleb Heathcote, Rip Van Dam, John Bridges, W. Nicoll, K. V. Renslaer, Tho. Garton, M. Howell, Danll. Whitehead, Hen. Beeckman, J. Abeel, John Stillwell, Joseph Mundy, Mÿndert Schuylers, Evert Bancker, Wm. Willott, Abraham Lakeman, Josiah Hunt, Cornelius Seberinsth, Cornelius Van Brunt, Stephen de Lancey, John Jackson, J. V. Cortland, Ph. French, Tho. Codrington. Endorsed, Recd. Feb. 5, 1702. 2 pp.
29. iv. Copy of Address from the Representatives of New York to the Queen. Your Majesty's loyal, faithful and most affectionate subjects, the Representatives of your Colony of New York, met in General Assembly, most humbly pray your Majesty's gracious leave to offer to your Royal consideration, that from the arrival of the late Earl of Bellomont here, your Majesty's English subjects in these parts, and those of foreign birth united with them in inclination and interest and entituled to the English Laws and Liberties by the bounty of your Majesty's Royal Predecessors, have been misrepresented as pirates, encouragers of unlawful trade, with such other evil and odious characters as those who had projected our ruin thought suitable to obtain their ends. The designs were not carried so close but that we soon were sensible of our misfortunes and the consequences intended by our adversaries, by all fitting ways we endeavoured to set ourselves right in the judgments of our superiors, but, to our unspeakable grief, found the prepossession so great, and the obstacles of our relief so many that it was impossible for us to surmount them. Though the difficulties we met with were surprising, yet knowing our own innocence, we resolved to leave no means untried to do ourselves justice etc. Recounts history of the Addresses and trial of Bayard etc. The indictments of the condemned was found to be good by a lesser number than 12, and the Jury picked out to try them of the meanest and most ignorant of the people, to that degree that several of them having been lately interrogated by this House for what fact Bayard and Hutchins were condemned, pretend they have wholly forgotten, tho' it is now not nine months since these things were acted etc. A Bill having been brought into this House for declaring the illegality of these proceedings and to hinder the like for the future, although we cannot but be most sensibly toucht with the heavy doom and great calamity of those our fellow subjects whose crimes in this matter we have not discerning enough to discover, yet being informed your Majesty has graciously been pleased to give directions for an Appeal to your Majesty, we think it our duty humbly to lay this state of their case at your Majesty's Royal pleasure, that thereupon we may rightly proceed in the said Bill. We are entirely satisfied with the happiness we enjoy under your Majesty's glorious reign, and the blessing we have in being under the administration of the Lord Cornbury etc. Signed, W. Nicoll, M. Howell, K. V. Rensselaer, Phillip French, John Abeel, Stephen de Lancey, Tho. Garton, Danl. Whitehead, J. V. Cortlandt, Tho. Codrington, John Jackson, John Stillwell, William Willett, Myndert Schyler, Joseph Mundy, Josiah Hunt, Abraham Lakeman, Evert Bancker, Henry Beekman. Endorsed as preceding. 5 pp.
29. v. Memorandum of Journal of Assembly of New York, Oct. 20–Nov. 27, 1702. ¼ p.
29. vi. Memorandum of Acts of Assembly, New York, Nov. 27, 1702. ¼ p.
29. vii. Memorandum of Accounts of the Revenue of New York, June 10–Sept. 29, 1702. ¼ p. [C.O. 5, 1048. Nos. 1, l.i.-vii.; and (without enclosures) 5, 1119. pp. 391–400.]
Dec. 10.
30. Governor Dudley to the Earl of Nottingham. Since my last by the Dreadnought, I have the ill news of the loss of the packet-boat, which went from hence in July, wherein were copies of the Laws etc.; all which were repeated by the Dreadnought and this conveyance, and shall be also sent again from New Hampshire, whither I am going for that end, and particularly to take care in the several Articles directed by the Lords of Trade. (June 12.) I gave your Lordship account that the privateers fitted out from the several parts of this Province have taken 19 ships from the French, and the three last were one with arms, clothes and provisions sent from Quebeck to the Kennebeck Indians, according to articles lately made between the Indians and the Governor of Canada, upon which the Indians were universally to rise upon the English; the other two were brigantines sent from Quebeck with suitable provision to Placentia, there to take in 50 men each, to cruise upon our coasts for provisions, which are much wanted in all the French settlements, especially at Port Royal, the next settlement to the English pale, and by this means I have yet the Eastern Indians as far as Penobscutt in good order and quiet, though with a great deal of difficulty, the French Jesuits being amongst them at all times, whose influence must needs prevail to run them into mischief with the first of the spring; in order whereunto the Assembly have agreed to an Act of listing every fourth man in this Province to be ready armed and clothed, fit for a march in 24 hours, and I have scouts out every day in all the frontiers. There are two other Acts, in addition to the Impost and Excise and Grant of 6,000l. tax to be raised in 12 months, which will defray the year's expense as they have settled it in peace, but is no fund in case of the Indians rising, which has never cost us less than 1,000l. per month, and I am not to expect an easier shock from the French and Indians than heretofore. The other(s) are private Acts, or of less importance, all laid before your Lordship by these ships.
The last ships I also offered your Lordship what I said to the Assembly referring to H.M. commands for the rebuilding of Pemaquid and the settlement of salaries and the support of the Civil List, but a six weeks' Session, which ended Nov. 21, could obtain nothing from the Assembly in either point. The Committee of the Assembly I carried with me to Pemaquid, reported the reasonableness of H.M. demands, and the just advantage thereby, but was refused by the Assembly, and with an unwonted rudeness to deny a conference with the Council thereupon, but upon my message to them that I could by no means allow such a refusal, and upon which I should immediately have dissolved them, they better considered and acknowledged their mistake, but the Conference was ineffectual, though at the same time the letters from the Lords Commissioners for Trade referring to that very affair came to my hands, and was read unto them, upon which so many of the Council consented to the return of the Committee as made a Quorum, but the Assembly at last refused it. And as resolved they have been in the Article of Salaries, having granted no more than 500l. for my support for one year, beginning from my arrival, though I had been appointed Governor 12 months before and commissioned 6 months of that time. That sum is not above the fifth part of the necessary expense of a Governor of this Province, which they very well know themselves, since servants and good horses are dearer here than in England. The same they have done in the case of the Judges, allowing them 50l. apiece, when in all other Provinces there is 500l. per annum given to the Chief Judge, and proportionable to the rest of the Judges; and for the Lieutenant-Governor but 100l.
Upon what is abovesaid referring to Road Island, I humbly offer it as my duty to H.M. affairs here, that I shall with the greatest difficulty, if possibly contain this Province in any secure posture referring to the Acts of Trade, while the Road-Islanders do what they please; and at this time, though they have done something against the French, their vessel they sent out was without any commission, and so has the face of a pirate rather than H.M. ship, and their military part is without any form, and the impost of this Province by their neighbourhood being but 50 miles by land is defeated, there being no duty there, and ships coming out of the sea land what they please there. So that if any considerable impost be laid upon wines and rum etc., which would be the best Revenue here, will come to little, till H.M. will please to remove that little shadow of Government there remaining; but the greatest consideration is not yet mentioned, the figure the Government makes is no wise so good as an ordinary head borough in the Kingdom of England, while they are a very important Province, and have the best harbours and outletts to the sea in all the North America. The major part of the people by far would rejoice to be annexed and brought under H.M. immediate Commission, if H.M. please so to command. The provisions for Jamaica have been now ten daies on board, the best of all sorts etc. As to the soldiers for Jamaica, I never expected any assistance from the Gentlemen in Government here; however, I have successfully granted three Commissions to proper persons for officers of three companies, and one of them, who has very happily taken four ships from the French this summer, Capt. Thomas Laramore, is now ready to go on board with a very good company, but I have made bold to assure them, they shall be very kindly dealt with abroard, being voluntiers etc. (as Nov. 8). I hope, upon the report of their good reception, I may be able to get two Companies more against the Spring, especially if I can maintain a quiet with the Indians, though this whole matter be very grievous to most of the people here, who would be glad if any discouragement should happen to these voluntiers at Jamaica, to prevent any more going after them, which makes me now importunate that H.M. may send such order as may make this first instance happy, and settle the communication and mutual support of the Plantations severally. In the raising of Capt. Laramore's men, I have been out as the enclosed account will shew. I humbly pray it may be paid to Mr. Constantine Phipps. I would not have askt anything of H.M. on this account, if this Province had been just to give me any tolerable support; I cannot live here in the just figure of a Governour under 1,000l. per annum, and the country is able to bear it as any Province belonging to the Crown of England, but without H.M.'s warrant to take that or what H.M. pleases out of the Revenues which must necessarily be granted to the support of the Government, I shall not obtain it here. I also humbly pray that your Lordship will please to obtain a warrant for Col. Byfield, Judge of the Admiralty, Paul Dudley, Attorney General, and that two frigotts, one a fourth-rate and the other less, for the guard of the coast, and the canon sent, long since directed for this Province, and if I may find favour to be commanded for H.M. service, I will sacrifice all that is dear to me to make this Province know their Dependence and Duty, and nothing will mortify those men, that neither regard the Crown nor favour the Church of England, more than to see their Governor live happily, without any inferior dependence upon them on account of his maintenance. And while I am endeavouring to send some of the people hence for H.M. service in the West Indies, if I might in exchange have two foot companies from England for the Castle of this place and the other fortifications in New Hampshire to be commanded one by myself and the other by the Lieutenant-Governor, I should be able to give a better account of everything here.
Dec. 18. Capt. Larrimore is now on board with his officers and soldiers in good order. Signed, J. Dudley. Endorsed, Recd. Jan. 30, 1702/3. 5 pp. Enclosed,
30. i. Copy of a letter from Col. Dudley to Thomas Newton, Deputy Judge of the Admiralty, Oct. 10, 1702. In the affair before you referring to the French ships taken by Mr. Wanton and now at Rhode Island, by vertue of a Commission from Governour Cranston, it is my duty and office to acquaint you for H.M. especial service, that the Government of Rhode Island, besides their being very obnoxious at this time for their refusal of obedience to H.M. commands, never had the least pretension or shadow to any Admiralty jurisdiction, and their power and Commission given to the said Wanton have no countenance of authority, nor do give any power that can have any operation in law, and therefore the allowance of it in a Court of Admiralty will absolutely reflect upon the Judge that shall allow it. However, the caption is good to the Queen and those ships are good prize in H.M. harbour of Rhode Island, must be condemned to H.M. use, but before you can proceed to that, the ships and goods must be in the care and possession of the Commissioners of prizes, Andrew Belcher and John George, or one of them, and if they will not admit of that, you have no manner of rule to proceed to condemnation, unless you will answer the after embezzlements yourself. When that is obeyed, you may justly proceed to condemnation, but you will not determine the captors right, unless their Commission be from H.M., my Lord High Admiral of England, or some of their Vice-Admiralls, because you know how strict the Law is in that case, but they are in the Queen's favour, as all other uncommissioned captors in England are, and of that I must be advised, being Vice-Admiral by Commission of that Province, and I shall do therein what appertains to my duty. Upon the whole I desire and expect that you sit Judge alone in that matter, because I am informed some of that Province intend to be Assessors with you, that H.M. Commissioners aforesaid, or one of them, be in possession of the ships and goods before the process, and that then an Advocate admitted make the proceeding at Law, and that the judgment of it so appear before H.M. and that the Commission of that Government be disallowed and the Captors referred to attend me further in the matter. Signed, J. Dudley. Note subscribed in Governor Dudley's hand:—Notwithstanding Mr. Newton, Deputy to Mr. Atwood, condemned the three ships upon Cranston's Commission, who has no right in derogation of the Commission which I published at Newport on Road Island for the Vice-Admiralty of that Colony, and upon that same pretence all the late piracies have been committed from that Government, and all are [? our] saylers and others fit for the service run from the Governments where the Queen's authority is preserved, to make up a swarm of people without any Government over them. Endorsed, Recd. Mar. 1702/3. 1¾ pp.
30. ii. Copy of Letter from the Assembly of Rhode Island, Newport, Sept. 17, 1702 (q.v.), to Governor Dudley, relating to the Militia. Endorsed as preceding. 2½ pp.
30. iii. Copy of Governor Dudley's Warrant for beating up for Voluntiers for Jamaica, Roxbury, Nov. 27, 1702. Same endorsement. 1 p.
30. iv. List of Capt. Thomas Laramore's Company, raised in the Massachusetts Bay for H.M. especial service in the West Indies, mustered by Governor Dudley on board the Gospir frigate, Dec. 16, 1702. Thomas Laramore, Capt., John Eyres, Lieut., Joseph Wells, Ensign; Charles Sherlock, John Woodwell, William Collins, Benjamin Pickering, Daniel Grenough, Samuel Willis, Daniel Johns, Martin Margery, John Wayte, John Dreyden, William Flynt, Andrew Mackarty, Thomas Kempthorn, Francis Fuller, John Putnum, Alexander Osborn, Samuel Brown, John Swett, Daniel Hobbs, James Mackarty, Francis Clark, Adam Meinzey, Joseph Davis, Daniel Ralph, John Hadlock, William Carter, Joseph Packer, Thomas Clay, Benjamin Wright, Jonathan Osburn, Jeremiah Hacker, William Leach, Benjamin Dean, William Wise, John Martin, Israel Bradsley, Mathew Burdiall, Peter Hipsley, Samuel Hall, Samuel Shalote, Nathaniel Frost, Joseph Gorton, Thomas Sawtle, John Ames, Benjamin Harris, Thomas Dennis, Richard Convers, Thomas Pym, John Countryman, Harry Jones, William Dawes, Thomas Rouse, James Hayes, John Troop, Ralph Bayes, Isaak Dennis, John How. Signed, J. Dudley. Same endorsement. 1 p.
30. v. A List of the Militia and Civil Officers in the Massachusetts Bay, Boston, Dec., 1702. (1) The Boston Regiment—810 men. Charles Hobby, Col., Thomas Savage, Lt.-Col., Benjamin Davis, Major. (2) First Regiment of Suffolk County—650 men. Nicholas Paige, Col., William Tailer, Major. (3) Second Suffolk Regiment—540 men. Ephraim Hunt, Lt.-Col., Samuel Eelles, Major. (4) Lower Middlesex Regiment—1,060 men. John Phillips, Col., Francis Foxcroft, Lt.-Col., James Converse, Major. (5) Upper Middlesex Regiment—871 men. Jonathan Tyng, Lt.-Col., Thomas Browne, Major. (6) South Essex Regiment—700 men. John Hathorne, Col., John Legg, Lt.-Col., Samuel Browne, Major. (7) Middle Essex Regiment—638 men. John Wainwright, Col., John Appleton, Lt.-Col., Francis Wainwright, Major. (8) North Essex Regiment—750 men. Daniel Peirie, Col., Dudley Bradstreet, Lt.-Col., Thomas Noyes, Major. (9) Hampshire Regiment—836 men. John Pynchon, Col., Samuel Partridge, Lt.-Col., John Pynchon, 2dus, Major. (10) York Regiment—280 men. Joseph Hammond, Major. (11) Plymouth County Regiment—720 men. Nathaniel Thomas, Col., Isaac Winslow, Lt.-Col., John Bradford, Major. (12) Barnstable County Regiment—700 men. John Thacher, Col., John Goreham, Lt.-Col., William Bassett, Major. (13) Bristol County Regiment—915 men. Nathaniel Byfield, Col., Benjamin Church, Lt.-Col., Ebenezer Brenton, Major. (14) Duke's County Regiment—120 men. Benjamin Shiffe, Major. (15) Island of Nantucket—52 men. Total, 9,642. List of Civil Officers follows, named passim. Same endorsement. 8¾ pp. [C.O. 5, 863. Nos. 4, 4.i.-v.]
Dec. 10. 31. Governor Dudley to the Council of Trade and Plantations. Mainly duplicate of preceding letter. Additions:—I am sorry the [New Hampshire] papers and records are presented so ill written and out of form. I shall take notice of it, but it will be hard to reform it, there being not a person fit in all the Province for a Secretary, and the salary and benefits amount not to more than 30l. per annum, which will not encourage a suitable person to attend the office. However, what your Lordships have observed, I hope shall be reformed for the future. After references to Rhode Island, And in this Province [? Massachusetts], the Council being of the people's election, many the most loyal persons and of the best estates, are not imployed, and those that are, so many of them are Commonwealth's men, and all do so absolutely depend for their stations upon the people that they dare not offend them, and so H.M. has no manner of service from them, nor countenance to H.M. affairs, which makes my station very difficult and prevents everything that looks like an expense, which the poor country Representatives obstinately withstand, and are glad of any countenance from the Gentlemen of the Council therein.… Signed, J. Dudley. Endorsed, Recd. Jan. 30, Read April 19, 1702/3. 5 pp. Enclosed,
31. i. Abstract of preceding. 2¼ pp.
31. ii. Copy of Col. Dudley's Speech to the General Assembly of the Massachusetts Bay, Oct. 21, 1702. Since I last saw you, I have in obedience to H.M. commands visited all the frontiers to the eastward as far as Pemaquid, and had then the opportunity of conference with the Sachems of those parts, which has occasioned the quiet we have hitherto had on that side, and saved you the trouble of an earlier meeting than at this time, which truly I was very apprehensive would not have been prevented, and how long it shall last I have no assurance, and therefore we ought to be in all points ready. The last session I communicated to you H.M. Instructions referring to the rebuilding of Pemaquid, which I must still with all earnestness offer to you, and when it is considered that all the stores necessary are in place, the foundation get good, and lime to be had very near and easy, the rebuilding cannot be thought to be half the original charge. The Indians in their Treaty, and since, urge the necessity of another Trading House beyond that at Casco Bay, and I judge it as necessary as they, if we intend to hold them depending, and that may as well be at Pemaquid as anywhere else, and better, because the harbour is good, and our honour depends upon our asserting our own which we so unluckily lost. These things added to H.M. directions in the matter, I hope will have their due weight with everybody. I hope the Gentlemen of the Council and Assembly, that were with me there, will when that affair is before you, represent that matter as it is. I did the last session also by H.M. especial command lay before you the necessary provision of a House for the Government at Boston and a salary for the Governour, the Lieutenant Governour, the Judges and other officers of the Government. I am obliged to tell you, Gentlemen, that there is no other part nor Province belonging to the Crown of England, where there is not a stated honorable support for the Governour, and all other publick officers arising from the countrey, and I hope we shall prevent its being observed at home that we are particularly priviledged and as singular in the neglect of our duty. I shall lay before the House of Representatives a list of all officers of salary and shall desire your consideration of it in the first place, and I am sure I have no reason to doubt your regard to H.M. directions, to my own just expectations from you, neither for myself nor any other the officers of the Government, amongst whom I know none that have a stated salary, unless it be the Judges, who, I understand, are supported with 40l. per annum, scarce enough to maintain a servant and horse, while the next Province, much less than ourselves, pays 500l. per annum to the Chief Justice. If we hope to have a Government we must support it, and there are very easy waies, by a proper impost and excise, to do it, without any burthen upon the trade or husbandry of the country. Endorsed, Recd. Read Jan. 30, 1702/3. Copy. 2¼ pp.
31. iii. Copy of Minutes of Council in Assembly of the Massachusetts Bay relating to the rebuilding of Pemaquid, May 27–Nov. 18, 1702.
Oct. 21. Report of the Committee upon H.E.'s speech relating to Pemaquid, read. Concerning the expense thereof, John Walley and Nathaniel Thomas were directed to carry it down to the House of Representatives.
Oct. 29. The report was returned from the Representatives with their vote against it.
Nov. 3. This vote was complied with and the Board proposed a Conference. The Representatives refused. The Board then passed a resolution that such refusal of a Conference upon that head or any other affair referring to the Government is a great infringement upon the rights and interest that the Council have in this Government and desire that this their Declaration be entered accordingly, and do yet insist upon the said Conference and desire the Governor to direct it accordingly. This vote was sent down.
Nov. 4. A message was sent up from the Representatives with an order that a Conference be held.
Nov. 5. The Conference was held.
Nov. 10. The Representatives sent up a message that they were still of the mind that it is not proper in this juncture of time to proceed on so weighty an affair as the building of Pemaquid Fort, the present circumstances of the Province being considered, and especially considering the late credible advice that the Eastern Indians are prevailed upon by the French to become our enemies, and a powerful body of Indians are upon their march against us; and that an Address and Memorial by a Committee of this House joined with a Committee of the Board be prepared to lay before H.M. what may be necessary referring to the same.
Nov. 11. Upon reading the above message, H.E. summoned the Representatives to attend, and communicated to them H.M. Instructions, referring to salarys and rebuilding Pemaquid, and that no Law be made for the raising of duties upon wines etc. to continue for less than one year.
Nov. 16. H.E. summoned the Assembly and reminded them that he had but two things of moment to communicate to them at the opening of this Assembly; the one, that of H.M. command for the building of the Fort at Pemaquid, and the other that of providing for the support of the Government; neither of which they had brought to any effect. He communicated to them a letter from the Council of Trade, Sept. 15.
The Board accepted the report of the Committee appointed to consider the question of the Fort, Oct. 21. [See Cal., 1702. No. 1135.ii.] This report with the vote of the Board upon it was again sent down to the Representatives.
Nov. 17. Vote of the Representatives sent up that this House doth still insist upon their votes heretofore sent up for a Committee of both Houses to be appointed to prepare an humble address to H.M. and are troubled that it hath been delayed so long. Answer sent down that the Council know of no other motion from the Representatives relating to addressing H.M. save only about the matter of Pemaquid, to which they have no answer to their vote past yesterday for accepting of the report of the Committee.
Nov. 18. The Report of the Committees referring to Pemaquid was sent back from the Representatives, with the order of the House that they adhered to their vote referring to Pemaquid sent up on the 10th. Conference appointed to prepare an humble Address to H.M. referring to the erecting a Fort at Pemaquid and such other things as they shall think proper at this time to be laid before H.M.
Nov. 21. Draught of the above Address sent up. Message sent down that in said draughts the votes of the Council referring to Pemaquid were wholly neglected, from which the Council could not depart, and there being no present opportunity of forwarding the same, to desire they might be left to further consideration, and that the necessary business before them might be dispatched, for that H.E. intended to dismiss the Assembly this afternoon.
Nov. 2. Resolve of the Representatives sent up that it is not convenient (the circumstances of the Province considered) to state salarys, but to allow as the Great and General Court shall from time to time see necessary. It was decided to send that resolve down again for reconsideration.
Nov. 11. Resolve sent up from the Representatives, that 600l. be paid out of the Public Treasury to H.E. Joseph Dudley for his service as Governour and for house rent for the present year beginning from the time of H.E.'s arrival, the 500l. granted last session to H.E. being part thereof. The Board resolved that they were not satisfied with the provision offered as a suitable maintenance for H.E. Resolve sent down to the Representatives for their reconsideration. And see Cal., 1702, Nov. 11.
Nov. 14. Resolve sent up from the Representatives that another 100l. be allowed H.E. The Council expressed their disapprobation, and returned the resolve for reconsideration.
Nov. 18. The Representatives sent up the above resolve unaltered. The Council resolved that this resolve having been sent down to the Representatives with a message from the Board to move their reconsideration thereof, and the 500l. therein mentioned being a present to H.E., and not to be considered in this matter, and the 200l. expressed to be for H.E. service as Governor being very much below the dignity of his station and dishonourable to this Government; the Representatives not seeing fit to have reconsideration thereof, the Council desire H.E.'s acceptance of the said 200l. at present, in hopes the Assembly will have further consideration of that matter in another session and do that which is proper and honourable for the Government. Endorsed as preceding. 14½ pp.
31. iv. Copy of Proclamation appointing Oct. 22 a day of Public Fasting and Prayer throughout the Massachusetts Bay "to implore the Divine Mercy, that H.M. life and health may be long continued and her just arms prospered for subduing the exorbitant power of France; that her provinces and territories in America may be preserved and defended; the present infection removed from our neighbours and ourselves etc. Signed, J. Dudley, Boston, Oct. 1, 1702. Printed. 1 p.
31. v. Proclamation for a General Thanksgiving on Dec. 10, throughout the Massachusetts Bay, "Whereas it hath pleased Almighty God to preserve the sacred person of Her most excellent Majesty Queen Anne, and continued the happy union between H.M., her allies and confederates, and prospered her arms the year past, and hath also by H.M. most gracious settlement of this Province under her Royal protection and the present administration of the Government, preserved us from any inroad or depredation by the enemy, and hath succeeded our just endeavours in obedience to H.M. Royal Commands against the French, the implacable enemy of the Protestant Religion and the Peace of Europe, and hath given us a plentiful harvest, notwithstanding the unseasonable weather in the summer past, and good health in most parts throughout the Province." Signed, J. Dudley, Cambridge, Nov. 21, 1702. Printed. 1 p.
31. vi. Memorandum of Act of the Massachusetts Bay, empowering persons to make sale of a messuage and lands in Cambridge belonging to the heirs of Nathaniel Goodkin, clerk, decd., being minors, Oct. 15, 1702. ¼ p.
31. vii. Memorandum of 8 Acts of the Massachusetts Bay, passed May 27–Oct. 15, 1702. ¼ p.
31. viii. Memorandum of an Act of the Massachusetts Bay to enable Samuel Sewal and Hannah his wife to settle certain lands at Muedy River in the County of Suffolk upon Samuel Sewal their eldest son. Oct. 15, 1702. ¼ p. [C.O. 5, 863. Nos. 5, 5.i.–viii.]
Dec. 10. 32. Governor Dudley to the Council of Trade and Plantations. Duplicate of preceding letter. Endorsed, Recd. Nov. 20, 1703. [C.O. 5, 863. No. 6; and 5, 910. pp. 479–490.]
Dec. 10.
33. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty the Act passed in the General Assembly of St. Christophers, June 18, 13 William III, for settling H.M. part of this Island. Quote objections of the Attorney General, q.v. [Cal., 1702.] For which reasons we humbly offer that your Majesty would be pleased to signify your disallowance of the said Act. Signed, Weymouth, Dartmouth, Ph. Meadows, John Pollexfen, Matt. Prior. [C.O. 153, 8. pp. 128–130.]
Dec. 10. 34. Minutes of Council of Barbados. Capt. Hovenden Walker, H.M.S. Burford, attending produced his order relating to the forces under his convoy, and then moved this Board that the sick men might be brought on shoar and taken care of; that the land forces might likewise be brought on shoar and encampt, having tents for that purpose, and that they should be supplied with provisions from the ships; that some of the ships under his command might be sent down to lie off Martinico, to keep out their privateers and other vessels from going in there; that some small vessels might be sent with them to cruise; that notice be sent to Col. Codrington of the arrival of our forces here. All wch. proposals were agreed to. Ordered that the forces be encamped on the land of Judge Buckworth, who offered the same for this service.
Proclamation ordered prohibiting the selling of rum etc. to the soldiers.
The Hon. Samuel Cox, who had undertaken to advance money for the sick and wounded seamen, said that it was impossible to take due care of them at 7s. per week, everything being extraordinary dear here, and prayed leave to advance 3d. more per week for each man. Ordered accordingly.
The President acquainted Capt. Walker that he was informed Lt. Cæsar Brooks (who had killed Major Wm. Edwards on shoar) was on board his ship, notwithstanding a warrant issued for apprehending him. He answered that he had kept him close prisoner, and he should be forthcoming when demanded for his trial.
Mr. Hart and Mr. Roberts attending with the Articles that are agreed on between the Governors of Martinico and this Island, said that they had brought up all the English prisoners, and that the French had sent up a sloop to carry down the French prisoners that are here.
Ordered that the French Flag of Truce have his dispatches forthwith to return with the French prisoners to Martinique. [C.O. 31, 6. pp. 320–322.]
Dec. 10. 35. Minutes of Council of Bermuda. H.M. Order about Col. Day read. Whereupon it is the unanimous opinion of this Board that all due obedience be paid to the said Order, and that it be left in the Secretary's Office, and copies given, if desired.
H.M. Order for continuing the use of the Public Seal, read.
Ordered that the Secretary write to the Collector of Carolina to return a copy of the clearings of the Shadow from this place, and under what circumstances she came.
A protest from Mr. Larkin against the Governor and Council's proceedings in putting off an Admiralty Court, Sept. 30, for denying copies of Minutes, taking affidavits in his absence, and against H.E. for imprisoning and detaining him [read].
It is the opinion of this Board that the Governor may grant out Commissions for privateers or others against H.M. enemies. [C.O. 40, 2. p. 52.]