|
April 1.
Boston. |
530. Minutes of Council of the Massachusetts Bay.
Capt. Chadwell was examined upon the matter whereof he
acquainted the Board yesterday. He acknowledged that Munier
was plundered and wounded by some of his company, but knew
not that he was dead. H.E. ordered Chadwell to be confined
at the Castle, and issued a warrant for the apprehension of those
of his Company, who Chadwell said were concerned in the action. |
|
A complaint was exhibited by the Select Men of the Town
of Enfield of the molestation and disturbance given them in
the improvement of their estates by their neighbours of the
Colony of Connecticot, particularly that, on March 24, the
Constable of Windsor with six men, came near to the midst
of their town bounds and seized two men at work upon turpentine,
and carried them before a J.P. at Windsor, who bound them
over to the County Court at Hartford, within the said Colony of
Connecticot, to answer for the same. Upon reading whereof,
a letter was drawn up to the Governor and Council of Connecticot
resenting the said irregular action, and the unwarrantable
proceeding of their officers, intimating the mutual stipulation
made betwixt the two Governments about claim of jurisdiction,
and that the persons so bound over were commanded not to
appear at the said Court, which this Government would vindicate
them in, justly expecting that there be no further procedure
in that matter, and that the Queen's subjects be in peace.
[C.O. 5, 789. pp. 494, 495.] |
| April 1. |
531. Minutes of Council in Assembly of Virginia. The
Council being informed that the House of Burgesses were
adjourned till to-morrow, they, for the better observation of the
Publick Thanksgiving appointed to be this day kept, adjourned. |
| April 2. |
Reply of the House of Burgesses in answer to the message
of the Council insisting on a conference in relation to the 900l.
for New York; "The House will at all times, but more especially
upon this occasion, endeavour to preserve a good understanding
and agreement between your Honours and themselves, and will
very readily comply with whatever your Honours shall propose
for the attainment thereof, so as it may be done without
diminution of those rights and privileges which they take to be
inherent in them, and from which they presume to hope your
Honours will not desire them to depart. But as this case stands,
the House do resolve to adhere to their last resolve first
mentioned, untill your Honours shall some way or other have
signified your opinion upon it. The Burgesses do acknowledge
that many times conferences are very necessary between the
two Houses of Assembly, but that it is the constant method,
or your Honours' undoubted right to have it, they conceive
they can in no wise agree, for that it is always at the liberty
of each House whether they will admit any such or no. And if
it were your Honours undoubted right to have a conference
whenever you should desire it, then it must necessarily follow
that the Burgesses should be obliged to attend your Honours
where and whensoever your Honours should think fit to require
them, whether they thought it reasonable or not, which in consequence might prove greatly prejudicial to their publick concerns. The Burgesses do take the constant and known practice
of Assemblies in like cases to be that when any Bill or other
matter shall past their House and been sent up [sic] to the Council,
that the same hath always been sent down again with the opinion
of the Council thereupon, before any Conference hath been had
upon the subject matter thereof, as may be observed in the method
continually used in passing the Book of Claims, and instances
are not wanting of the Burgesses having denied conferences
when your Honours have desired them before you have signified
your opinion upon the subject matter under consideration, and
your Honours rested satisfied with such denial, as, to instance
one case for all, may be remembered the last Assembly upon
the Bill concerning the Militia." A Committee was appointed
to prepare an answer to the Burgesses. |
| April 3. |
The Committee reported progress. Ordered that the answer
be reported on Tuesday. [C.O. 5, 1412. pp. 480–482.] |
| April 1. |
532. Journal of the House of Burgesses of Virginia. Resolved,
that this House doth adhere to their former resolve in not
agreeing to a Conference. (See Minutes of Council, March 31st.)
Committee appointed to draw up a suitable message to the
Council. |
| April 2. |
See preceding abstract under date. |
|
Resolved, nem. con., that the Forts already erected on the
frontiers of New York are no security to this Colony, and that
notwithstanding the same the enemy may and frequently doth
come upon our frontiers, and commit murders and other mischiefs. Resolved, nem. con., that the building of more forts
upon the frontiers of New York will not any ways avail to the
security and defence of this Colony, for that an enemy may
annoy or invade the same, and not come within 100 miles of
any fort that can be built within the province of New York.
That sending the Quota of men to New York will be prejudicial
to H.M. interest at home and endanger the safety of this Colony.
That it is not probable any men can be sent from this Colony
soon enough to be serviceable to the province of New York upon
an invasion. That by means of the present publick engagements
and such necessary provision as the defence and security of
this Colony will from time to time require, we shall not be able
to furnish the province of New York with money in lieu of men.
That it is absolutely necessary to make a Representation to H.M.
upon the subject matter of the foregoing resolves, to the end
H.M. may be truly informed of the state of the case between this
Government and New York. |
|
Resolved, upon consideration of H.E.'s second speech, that
the question of giving a servant a gun at his freedom be referr'd
till the Bill in the Revisal concerning the Militia etc. be taken
into consideration. |
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Resolved, that this House do proceed upon the Revised Laws
this Session. |
|
Mr. Ransone granted leave of absence. |
| April 3. |
Grievance from Surry County desiring that no person may
exercise any trade but he that serves a legal apprenticeship
to it, rejected. |
|
Grievance from Surry County for taking off the imposition
on liquors rejected. Grievance from Surry County for obliging
all mechanicks to follow one distinct trade, rejected. |
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Resolved, that necessary provision be made giving John
Goodale leave to keep a Ferry on the Upper parts of Chickahomony
River. |
|
Petition of Mrs. Mary Rider, that the ferryman at Hog Island
be prohibited to land his passengers on her Plantation, rejected. |
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Resolved, upon the petition of John Holt desiring to be FerryKeeper at Hog Island, that the Law for regulating ferries being
temporary, and the present keeper having been at great charges
for an ordinary in compliance with the said Law, it is not convenient to make any provision therein at present. |
|
Thomas Francis granted liberty of keeping a ferry from his
landing to Hog Island. |
|
Petition of Edward Ross for raising the rates of the Ferry at
James Town rejected. |
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Proposition of King and Queen County for setling Rollinghouses rejected. |
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Proposition from Nansemond County for making bridges
over the swamps on the road to North Carolina, and levying
the charge thereof upon the pole, rejected. |
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Proposition from Nansemond County against the transportation
of old iron rejected. |
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Resolved that a Bill be prepared to enable the Governor
to commissionate so many persons as he shall think fit to
administer the oaths and test to the French Refugees at the
Manakin Town, in order to their naturalisation. |
|
Resolved, upon the petition of John Gill, Stephen Gill, and
Paul Harralson, that H.E. hath full power to naturalise them
by virtue of an Act of 1680. |
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Petitions of Capt. Thomas Mountford and Robert Beverley
referred to the Committee of publick claims. |
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Grievance of James City County referred to the Committee
of Propositions. |
|
The message from the Governor and Council (referred at
the last Assembly) recommending to the House to assert H.M.
right to quit-rents on the Eastern shore, and that the bounds
between this Colony and Maryland be ascertained, referred
to the Committee of Propositions and Grievances. |
|
Ordered that the quere left upon the Journal of the last Session,
whether Mr. Treasurer hath taken care to receive the debt
due from Corbin Griffin's estate upon the imposition Acts, be
referred to the Committee appointed to inspect the Treasurer's
accounts. |
|
Ordered that the observation upon the Journal of the last
Session, "It is also observable that Mr. Treasurer has given
himself credit for 283l. 5s. for the Trustees of the City of
Williamsburgh by order of Assembly, but says he has not paid
it all, nor has any receipts or discharges for any part paid,"
be referred to the same Committee. |
|
Bill concerning the Church Clergy and other parochial affairs
read the first time and committed. [C.O. 5, 1413. pp. 29–35.] |
April 2.
Whitehall. |
533. Council of Trade and Plantations to the Queen. Having
lately received from the Lord Cornbury, your Majesty's Governour
of New Yorke, several letters and papers concerning that
Province, we humbly represent to your Majesty that we are
thereby informed as to the state of defence of the said Province,
That the Fort at New Yorke is in a very ill condition; nothing
having been laid out upon it since Coll. Fletcher came from
thence; the parapet being of sod worke is fallen down in many
places; most of the platforms and of the carryages quite rotten,
many of the guns dismounted, and some of them honey-comb'd
so that they cannot be safely fired. The Forts at Albany,
Schenectady, Canestigione, and another upon Hudson's River
called the Half-Moon, are likewise in a ruinous condition. His
Lordship is therefore building a new Fort at Albany and designs
to put the other Forts into a better state of repaire. Very few
of the stores which his Lordship found at New Yorke and at
Albany (whereof he has sent us the annexed inventories) are
fit for service. As to the four Foot Companies, which ought
to consist of four hundred private soldiers, besides officers,
there were not in his own Company more than eighty effective
men; in Captain Nanfan's Company no more than seventy-six
men; in Major Ingoldesby's Company eighty-four men, and in
Capt. Weem's Company ninety-two men; so that there are
wanting sixty-eight men for the compleating of the said
Companies, which his Lordship desires may be recruited. He
desires four hundred men more for the better garrisoning of Albany
and other frontier places. The 4 Companies had suffered very
much for want of cloathing, which was then just arrived; that
their arms were very bad, not more than seven and twenty
muskets fit for use in the two Companies at New Yorke, and but
twelve swords, and twelve bayonets in each of those two Companies. Besides which the two Companies are in need of
accoutrements and other necessaries to render them fit for service. The Militia of the Province is in a very ill state, having
not been drawn out or exercised for many years last past. In
consideration of the great charge necessary for carrying on the
Fortifications, and of the low state of the Province, which since
the Earl of Bellomont's coming there, he sayes, is grown much
in debt; his Lordship further prays that your Majesty would
be pleased to direct that he may have some assistance from
hence for the Fortifications, as was intended by his late Majesty.
His Lordship has also transmitted to us the annexed list of the
great gunns, small arms and stores, which he thinks requisite
for the defence of the Province. As for the state of the Civill
Government, his Lordship informs us that he found things in
great disorder. The animosities between parties were very
high; and at the time of his arrival the administration of the
Government being chiefly in the hands of unfit and mean persons,
they had opprest the cheif and most wealthy inhabitants, and
brought all to great extremity, which appears by many addresses
presented to his Lordship from all parts within his Government
for releif. In reference to the Five Nations of Indians bordering
upon New Yorke, his Lordship gives us an account of a Conference
he has had with their cheif Sachems at Albany, where he made
them presents as usual, in order to confirm them in their submission to your Majesty; which, tho' a considerable charge, his
Lordship judges absolutely necessary to be continued, lest the
intrigues of the French of Canada and the influence of their
Priests, who frequently converse and sometimes inhabit with
those Indians, should debauch them from your Majesty's
allegiance. In relation to Naval Stores his Lordship informs us
that the Earle of Bellomont having formerly contracted for a
parcell of masts and some timber for the use of the Royal Navy,
and a vessell called the Benjamin, sent by the Commissioners of
the Navy to fetch the same, being lately arrived at New Yorke,
he had upon examination into the condition of those masts found
them to be serviceable, but not of the dimensions agreed for;
and having thereupon prevailed with the contractor to abate
considerably of the price, he had caused them to be put on board
the foresaid vessell, together with so much of the timber as was
at New Yorke; adding that there was more timber lying in the
woods which should be brought down as soon as the frost was
hard enough to bear a sledge, but could not be done sooner.
Upon all which particulars we take leave to lay before your
Majesty—That as to the Forts and Fortifications, his Lordship
may be ordered to use his best endeavours with the Assembly
to dispose them to make suitable provision for repairing the old
and erecting such new Fortifications as shall be judged necessary,
which together with the quotas of the neighbouring Plantations
(wherein your Majesty may be pleased to renew your directions)
may be applyed towards this work. |
|
And as his Lordship represents the Province to be in so low
a state as to stand in need of assistance from hence, we humbly
report that upon the like representation from the Earle of
Bellomont his late Majesty was pleased to order 2,500l. should
be remitted thither for the said Fortifications, whereof 500l. only
was accordingly remitted, so that the remaining sum of 2,000l.
has not yet been issued. As to the Stores and materials of War
desired by his Lordship according to the annexed list; in case
the 60 pieces of cannon, 1,000 firelocks and 200 barrils of powder
therein mentioned may not at this time so conveniently be
spared, we humbly offer that one-third part of the cannon and
one-half of the firelocks, powder and other stores therein mentioned be now sent. As to the 400 men desired by his Lordship
over and above the four Companies, we do not take upon ourselves to judge how far your Majesty can spare any additional
number of men. As to the Militia of that Province, we humbly
report that amongst the Acts, which his Lordship has transmitted,
there being one for the better settling the said Militia
and making it more usefull for the security and defence
of the Province, we have considered the same and can thereupon
only offer that his Lordship be directed to take care that it be
duly executed; and that in case the said Act be found by
experience to be defective, he move the Assembly that further
provision be made for that purpose. In relation to the Recruits
demanded by his Lordship for the 4 Companies, we find by
the accounts laid before us, that, besides what is due from the
Executors of the Earle of Bellomont, there is remaining in the
hands of Capt. Nanfan, late Lieutenant Governour of New Yorke,
the sum of 510l. for respits from the 9th of March, 1700, untill
the 8th of May, 1702, and in the Lord Cornbury's hands 238l.
for respits from the 9th of May, 1702, untill the 24th of December
following, whereof a particular account may be made up in the
Pay Office; which respits we humbly propose may be applyed
towards recruiting the said Companies, and together with what
shall appear to be further due from the Pay Office upon the
clearings of those Companies (which we judge to be very requisite)
may be imployed so far forth as the same is applicable to this
service, towards providing arms, accoutrements and other
necessaries, which they stand in need of, according to the
particulars hereunto annexed. As to the Civill Government of
the Province and the unhappy divisions amongst the people
we humbly report,—That having recommended to his Lordship
as well as to former Governours the endeavouring to reconcile
all parties, he does assure us that he has accordingly applyed
himself to that work and will continue to do so, without espousing
any party further than your Majesty's Service and the rules of
Justice do oblige him. As to the Indians, we are humbly of
opinion that the usual method of ingaging them by presents
be continued, and especially as any extraordinary occasion
may require. And we further take leave to observe, that another
means to prevent the influence of the French missionaries upon
them and thereby more effectually to secure their fidelity, would
be that two Protestant Ministers be appointed, with a competent
allowance, to dwell amongst them, in order to instruct them
in the true religion, and confirm them in their duty to your
Majesty. As to Naval Stores; having likewise received the
annexed proposals from his Lordship touching such as may be
procured from New Yorke, we humbly offer to your Majesty
that the same be transmitted to H.R.H. the Lord High Admiral,
in order to an examination thereof and such directions as may
be thought fit. Signed, Weymouth, Dartmouth, Robt. Cecill,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior.
[C.O. 5, 1119. pp. 442–450.] |
| April 2. |
534. John Champante to the Council of Trade and
Plantations. I have already presumed to lay before your
Lordships some particular hardships that John Nanfan, Esq.,
H.M. late Lieutenant Governour of New Yorke, had put upon
him under the present administration of Government there,
as by my Memorial dated the 5th of February will appear, and
I must humbly desire your Lordships now to transmit immediately
such orders as shall be thought most fitting. Your Lordships
have been already pleased to declare that no action in the Queen's
name against him should detain him in that Province, which
your Lordships may be confirmed in by the conclusion of
Mr. Attorney's opinion as to Graves and Prideaux's Actions
against him, which is that he may be indicted here for any misdemeanours committed by him during his Government, and
may be here brought to an account for any moneys he has received
belonging to H.M. And as for the actions of those two men,
who, with humble submission ought, now that they are within
the reach of justice, to answer for their crimes committed in
the Isle of Providence, I humbly hope your Lordships will think
it proper to give all the discouragement possible to the said
Actions, since Mr. Attorney's opinion fully shews the groundlessness of them, and since any of H.M. Governours in those parts
may be put under the same difficulties if such proceedings as
these are not discountenanced by your Lordships. And in this
I must appeal to the opinion of Mr. Attorney in the like case of
Governour Day, which your Lordships were pleased to mention
to me upon a former application of mine to your Lordships in
this matter, and which was that, notwithstanding any Actions
brought against him, his late Majesty might order him hither
to give an account of his administration, or to that effect. Upon
the whole therefore, what I humbly address myself to your
Lordships for is, that Orders may immediatly go hence for
Mr. Nanfan to appear here to answer whatsoever may or can be
objected against him, and that he may thereby be protected
against the malice of his enemies there, which the Lord Cornbury
seems so much to countenance, and which Coll. Smith, the present
Cheif Justice there, has neither learning or good will enough
to put a stop to. Signed, J. Champante. Endorsed, Recd. Read
April 5, 1703. 1½ pp. [C.O. 5, 1048. No. 49; and 5, 1119.
pp. 458–461.] |
April 2.
Bermuda. |
535. Lt.-Gov. Bennett to John Bennett. Recapitulates his
complaints against Mr. Larkin (see Cal. 1702, and supra) and
declares that he was well treated in prison. Signed, B. Bennett.
Endorsed, Recd. Aug. 10, 1703. Holograph. 12 pp. Enclosed, |
|
535. i. List of enclosures following. Endorsed as preceding.
2½ pp. |
|
535. ii. Copy of a Deposition as to Mr. Larkin pulling down
a publication for holding a Court of Admiralty, Sept. 25,
1702. Signed, John Davis. Endorsed as preceding.
1¾ pp. |
|
535. iii. Memorandum of Mr. Larkin's behaviour at a Chancery
Court, Aug. 18, 1702. Signed, Ben. Bennett, Richard
Peniston, Cha. Walker, Anthony White, Thomas Harford,
Mich. Burrows, Patrick Downeing, Sam. Spofforth.
Endorsed as preceding. 3 pp. |
|
535. iv. Copy of Governor Bennett's Order to Mr. Larkin
to confine himself. Sept. 30, 1702. Signed, B. Bennett.
Endorsed as preceding. 1 p. |
|
535. v. Copy of Mr. Larkin's first commitment, Oct. 1, 1702.
Signed, B. Bennett. Endorsed as preceding. 1 p. |
|
535. vi. Copy of Mr. Larkin's discharge from his first commitment, Oct. 20, 1702. Signed, B. Bennett. Endorsed
as preceding. 1 p. |
|
535. vii. Copy of a summons for Mr. Larkin to appear before
the Governor and Council of Bermuda, Nov. 2, 1702.
Endorsed as preceding. 1 p. |
|
535. viii. Copy of Deposition by Lt. Henley, Nov. 5, 1702.
On Oct. 15 he heard Mr. Larkin calling Col. Day abusive
names, adding "I have opposed Governor and Government to doe you service, you dogg. Your house was on
fire and I put it out, etc." Singned, Robt. Henley.
Endorsed as preceding. 1 p. |
|
535. ix. Copy of letter from Mr. Larkin, Nov. 13, 1702, to
Governor Bennett, with Capt. Bennett's remarks upon
it. Signed, B. Bennett. Endorsed as preceding. 1 p. |
|
535. x. Copy of Affidavit of Robert Rawlins, Marshall,
against Mr. Larkin, and of Minutes of Council of
Bermuda, Nov. 11, 1702, as to Mr. Larkin's declining
to hear the affidavits against him. Endorsed as preceding.
5 pp. |
|
535. xi. Copy of Deposition of Hannah Hilton, Widow, as to
Mr. Larkin's seducing a mulatto slave of the Governor's
named Anne or Nanney at her house. Signed, Hannah
Hilton, her mark. Dec. 30, 1702. 2½ pp. |
|
535. xii. Copy of Deposition of the said Nanney corroborating
above. Signed, Anne or Nanney, her mark. Dec. 30,
1702. ¾ p. |
|
535. xiii. Copy of Deposition of Edward Hubbard, March 1,
1702, corroborating above, etc. Signed, Edward Hubbard.
Endorsed as preceding. 1 p. |
|
535. xiv. Copy of the Representation of the Inhabitants of
Bermuda against Mr. Larkin and in praise of Governor
Bennett. Signed, Military Officers:—Anth. White,
Willm. Tucker, Jno. Trimingham, Wm. Seymour,
Saml. Smith, Geo. Darrell, Danl. Keell, Jno. Harvey,
Leonard White, Willm. Stone, Richd. Peniston,
Nath. Butterfield, Philip Lea, Nath. Prudden, Geo. Tucker,
Joseph Hinson, Joseph Todd, Florents. Cox, Wm.
Watlington, Tho. Wood, Wm. Stafford, Jno. Harford,
Dan. Tucker. Justices:—Willm. Tucker, Willm.
Outerbridge, Jno. Dickinson, Saml. Smith, Geo. Darrell,
Tho. Forster, Saml. Sherlock. Council:—Richd. Peniston,
Cha. Walker, Anth. White, Tho. Harford, Mich. Burrows,
Benj. Wainwright, St. Geo. Tucker, Benj. Hinson,
Patrick Downing, Saml. Spofferth. Endorsed as
preceding. 15 pp. |
|
535. xv. Copy of the Bond approved by Mr. Larkin for his
appearance in England. Endorsed as preceding. 1 p. |
|
535. xvi. Petitions of several persons to the Governor and
Council of Bermuda against Mr. Larkin for conveying
away a debtor of theirs. Signed, Samuel Smith, Richard
Gilbert, jr., Jane Milborne, Thos. Smith, Tho. Watkins,
his mark. Endorsed as preceding. 2 pp. |
|
535. xvii. Copy of Mr. Larkin's second commitment, Jan. 4,
1702/3. See Minutes of Council under date. Same
endorsement. 1½ pp. |
|
535. xviii. Deposition of Capt. Bailey, Jan. 11, 1702/3, and of
Dr. Owen, March 6, 1702/3, that Mr. Larkin said that he
would prevent the Governor ever having preferment
etc. Signed, John Bayly, Geo. Owen. Endorsed as
preceding. 1 p. |
|
535. xix. Copy of the Collector of Carolina's letter to the
Secretary of Bermuda, relating to the sloop Shadow
and her clearings. Feb. 23, 1702/3. Endorsed as
preceding. 4 pp. |
|
535. xx. Deposition of Capt. Sandys, March 1, 1702/3, that
Mr. Larkin frequently spoke slightingly of the Governor
and on Nov. 28, approaching him in an absurd manner
demanded his ticket to be gone, and when the Governor
asked him for his clearings as Master of the Shadow,
he said he could not, and then that he would not etc.
Signed, Lanc(elot) Sandys. Endorsed as preceding. 1 p. |
|
535. xxi(a). Deposition of Capt. Matthew Newnam, March 1,
1702/3, as to Mr. Larkin's opprobrious language about
the Governor. Signed, Matt. Newnam. 1¼ pp. |
|
535. xxi(b). Deposition of Lt. Henley to the same effect. Signed,
Robt. Henley. ½ p. The whole endorsed as preceding.
[C.O. 37, 4. Nos. 24, 24.i.–xxi.; and (list only) 38,
5. pp. 430–433; and (duplicate of No. xiv.) 37, 26.
No. 2.] |
April 2.
Whitehall. |
536. Council of Trade and Plantations to the Queen. In
obedience to your Majesty's Order in Council of March 4, requiring
us to lay before your Majesty an account of the salaries, which
now are or may be properly assigned to the respective Governours
of the Plantations, for the better enabling them to support the
dignity of the several Governments, and for the hindring them,
for the future, from receiving presents from the General
Assemblies there, we humbly represent, that as to Barbadoes
and the Leeward Islands, there is a duty established of four and
an half p. ct. upon all dead commodities exported, in consideration of all duties belonging to the Proprietor, and for confirmation
of their estates, for maintaining the honour and dignity of the
Government there, the reparation of the Forts, and other publick
charges, which duty in Barbadoes has one year with another
amounted to about 10,000l. sterling, and in the Leeward Islands
to about 3,000l. sterling p. ann., for the disposition whereof an
humble Address was likewise presented to your Majesty by the
late House of Commons that the same (subject to an Annuity
payable to the heires of the Earle of Kinoule) be applyed for the
repairing and erecting such fortifications, and other publick uses
for the safety of the said Islands, as your Majesty shall direct.
That out of the said duty in Barbadoes there has been hitherto
assigned 1,200l. sterling p. ann. salary to the Governours of that
Island; but that summe having been judged not sufficient for
their support, they have been permitted from time to time to
receive presents from the Assemblies, and considerable summes
have accordingly been raised by publick levies; for the preventing of which practice we humbly propose that your Majesty
would be pleased to add the summe of 800l. sterling p. annum out
of the said duty of four and an half p. cent. to the present salary
of the Governour of that Island, which by such addition will
amount to 2,000l. sterling, and may be a competent maintenance
for that Governor without dependance on the people. And we
humbly offer that upon the establishment of 2,000l. p. annum,
as aforesaid, your Maj. do signify your express pleasure that
no Governour, Lieutenant Governour, Commander in Chief or
President of the Council of Barbadoes for the time being, do hereafter receive any gift or present from the Assembly, and likewise
that no Assembly do make any such gift or present to him or any
of them, upon any account whatsoever, except only that there
being no house appointed or set apart for the Governour, and it
having been customary for the Assemblies to make a temporary
assignment of a house, or rent for the same, out of the publick
levies, your Majesty may be graciously pleased to permit the
Assembly to assign such a house or rent for the same not exceeding
300l. sterl. p. annum, out of the publick levies, and to allow
the Governour to accept thereof (notwithstanding what has been
before offered) untill a house be built for him; provided always
that this be done at the first Session of the Assembly after such
Governour's arrival or receipt of your Majesty's order in this
behalf, and that it be assigned him for the whole time of his
government. And we do thereupon humbly observe that the
foresaid increase of salary being supplyed by your Majesty out
of the duty of four and an half p. cent., the Assembly of Barbadoes
(and other Assemblies in the like case) will have an opportunity
and be in a condition of applying these large summes which they
usually gave in presents, by yearly levies to their Governours,
towards such other publick uses as may be most necessary for the
defence and safety of those Plantations, and we humbly conceive
that in consideration of your Majesty's goodness in exempting
them from this customary burthen of presents, they may be
the more easily induced to contribute in such other manner
to their own preservation. As to the Government in the Leeward
Islands; we likewise humbly represent to your Majesty, that the
present salary of the Governour in Chief, arising out of the said
duty of four and an half p. cent. there being no more than 100l.
sterl., the insufficiency thereof has been the reason (as in Barbadoes) that the Governours have been permitted to receive presents
from the Assemblies of those Islands: and we therefore humbly
propose that your Majesty be pleased to add the summe of 500l.
sterl. p. annum out of the said duty of four and an half p. cent.
there, to the present salary of the Governour in Chief, which by
that addition will amount to 1,200l. sterl. and may be a competent
maintenance for him. And whereas besides the Governour in
Chief of all the Leeward Islands, there are particular Lieutenant
Governours of each of the said Islands vizt. of St. Christophers,
Antego, Nevis and Mountserrat, who have no established salaries;
we humbly conceive that if your Majesty would be pleased to appoint
the summe of 200l. sterling p. annum to each of them out of the
said duty of 4½ p. cent. if your Majesty shall so think fit, it would
likewise be for your Majesty's service and the interest of this
kingdome in reference to trade, and otherwise, in freeing such
Lieutenant Governours from their obligation to the Assemblies;
whereby your Majesty may be likewise enabled to send from
England fit persons for those commands, as there may be occasion.
And we thereupon humbly offer that the same instructions be
signified to the Governour, Lieutenant Governours, Presidents
and Assemblies of the Leeward Islands, as to the Governour and
Assembly of Barbadoes, with the like exception, that the
Governour in Chief and Lieutenant Governours be permitted to
accept of a house, or rents for the same, from the several
Assemblies in the same manner, as proposed for Barbadoes. As
to Jamaica, there being an established salary for the Governour of
2,000l. p. annum currant money of that Island, out of the revenue
arising there for the support of that Government, we humbly
offer that the same be made up out of the said revenue, 2,500l.
of such currant money, which may amount to about 2,000l. sterling,
and that the like directions be given herein as in Barbadoes and
the Leeward Islands; excepting only what relates to a house,
your Majesty having already a house there convenient for the
residence of the Governour. As to the Bermuda Islands, there
being 160l. p. annum settled by your Majesty for the support of
the Governour, out of the Shares of Land and Licences for Whalefishing there, and the further sume of 240l. out of your Majesty's
Exchequer, making in all 400l. sterling, we humbly conceive
that the addition of 100l. p. annum more out of the Exchequer
may enable him to support himself in that Government without
presents from the Assembly. The salary of your Majesty's
Governour of Virginia being 2,000l. sterling per annum, we
conceive the same sufficient for his maintenance without
receiving any presents from the Assembly. |
|
As to the Government of Maryland we find the constant revenue
arising by the two shillings p. hogshead upon tobacco exported
to have amounted in the year 1701, to about 3,200l., one
moyety whereof is belonging to the Lord Proprietor, and the other
moyety being for the support of the Government, one fourth
part thereof is by Act of Assembly to be applyed to the buying
of arms, and the other three fourths amounting to 1,200l. is applicable to the Governour's salary; besides which an Act was past
upon the arrival of the last Governour in Maryland for raising
a Revenue of three pence p. hogshead as an additional allowance to him for his better maintenance, during his Government;
which may amount to 500l. p. annum more; and there being
no house in Maryland for his reception, we humbly conceive
your Majesty may allow the Assembly to repass the like Act
for the better maintenance of the present Governour provided
the same be for an unlimited time, or during his Government.
And that the said Governour be not permitted to receive any
present or gratification from the Assembly upon any account
whatsoever. |
|
The salary established to be paid out of your Majesty's revenue
in New Yorke to that Governour, being no more than 600l.
sterl. p. annum, which is no ways sufficient, and that defect
having been hitherto supplyed by presents from the Assembly;
we humbly offer that 600l. more may be added to it out of the
said revenue, which 1,200l. may be a competency for his support.
And upon the settlement thereof we humbly propose that the
like directions be given in New York, in reference to presents as
for other Colonies. |
|
As to the Province of New Jersey which has been lately brought
under your Majesty's immediate Government, and the Lord
Cornbury constituted Governour of the same as of New York,
we conceive the Assembly there ought to settle a constant and
fixt allowance for the maintenance of their Governours as also
of the Lieutenant Governour who is to be resident there. |
|
As to the Province of the Massachusets Bay, which is a Charter
government, the inhabitants have been always averse to any
compliance with the directions that have been frequently sent
them from hence for settling a fixed revenue for the support of
that Government, or the Governour. And upon application
made to the Council and Assembly by Coll. Dudley your Majesty's
present Governour, pursuant to your Majesty's Instructions
to him, they have wholly declined the same, persisting in their
usual way of making only temporary provisions for the charge
of the Government; whereby they have kept your Majesty's
Governours there in a continual dependance upon them for
voluntary presents, which to the present Governour have been as
yet very inconsiderable. Whereupon we humbly offer that your
Majesty would be pleased, by a letter under your Royal Sign
Manual directed to the Council of that Province, to be communicated likewise to the Assembly, to require them that in consideration of the great priviledges they enjoy, they do settle a constant
allowance suitable to the character and dignity of that Government
without limitation of time upon the Governour, together with
a fitting provision for the Lieutenant Governor or Commander
in Chief for the time being. In which letter it may be intimated
to them, that if they neglect this opportunity of complying with
your Majesty's just expectations, your Majesty will be obliged
to have recourse to such remedies as may be proper and effectual
in order to a due provision therein. As to New Hampshire,
where no certain provision has yet been made, we conceive
there ought likewise to be a fitting salary without limitation
of time raised by the Assembly; and we humbly offer that directions be given accordingly. As to the Proprietary and Charter
Colonies, vizt. Rhode Island, Connecticut, Pennsylvania, Carolina
and the Bahama Islands, we cannot propose anything upon this
occasion; the Governours of those Colonies not being appointed
by your Majesty, and depending either upon the Proprietors or
the people, from whom they have very mean and uncertain
salaries; which incourages them to connive at unlawful trade
and other irregularities inconsistent with the interest of this
Kingdome, which great mischief can only be remedyed, as we
humbly conceive, by reducing those Colonies to an immediate
dependance on the Crown. Signed, Weymouth, Dartmouth,
Rob. Cecill, Ph. Meadows, Wm. Blathwayt, John Pollexfen,
Mat. Prior. [C.O. 324, 8. pp. 229–240.] |
April 2.
Newcastle. |
536. Minutes of Council of New Hampshire. A General
Thanksgiving ordered to be observed on April 8, for the many
great and wonderful successes of H.M. forces etc. [C.O. 5, 789.
p. 143.] |
| April 2. |
537. Minutes of Council of Virginia. Guy Smith, Clerk,
elected one of the Governors of William and Mary College, took
the oaths appointed and subscribed the Test. |
| April 3. |
Whereas Capt. Alexander Bowdidge, Commander of the Thomas
and Joseph now in York River, hath brought into this country
diverse Naval Stores for the use of H.M.S. Southampton, which is
sailed, ordered that he send a copy of the particulars, that H.E.
and Council may consider where the said stores may be best
secured for H.M. service. [C.O. 5, 1412. pp. 55, 56.] |
April 3.
Bermuda. |
538. Lt.-Governor Bennett to Mr. Popple. Refers to letter
of Dec. 24,and acknowledges receipt of those of April 13 and
Nov. 13, "wherein you mention that their Lordships had wrote
to me upon several occasions, 16, 17, 19th March, April 13 and
July 13, and that duplicates of them all had been sent by different
conveyances, none of wch. has come to my hands but that of
April 13. Pray in your next let me know which way they were
sent, for there must be some contrived interception, for it is not
reasonable to believe so many pacquets should accidentally
miscarry, and if possible I'le find it out. I fear the disaffected
partie here are concern'd in it. Refers to his own letters. I will
take care to answer Mr. Larkin's letter (Aug. 19, 1702) so distinctly
that I hope to satisfie their Lordships that it was a malitious
contrivance and very little of it true, and that it certainly was the
dictates of Col. Day (who I am sorry to mention being dead, but
since I am forced for my own justification, I hope it will not
be thought ungenerous), Judge Nelson, Dr. Starr, late Sherif Jones,
etc., and that it was not wrote from Mr Larkin's own observations
as he pretends. Repeats previous letters. I am concerned the
unhappy accident that gives the occasion of relating to you
that on Jan 7 or 8 all the whole point at Jamaica was burnt, except
the Fort; it's thought it began by treachery, the fire breaking
out in so many places at once. I had this acct. from a master
of a vessel that came from thence about three weeks since and
saw the ruins. He further adds that about 14 days ago he spoke
with a ship in the sea, the Capt. of which told him that the Fleet
was arrived at Antigua, that brought my Lord Peterborrow over. |
|
I was in hopes of sending the packet mentioned in my last
long since, but Mr. Larkin finds out a new business for me every
day, I verily believe there is not his fellow in the world, nor such
assistance as he has in mischief, as Judge Nelson and Dr. Starr.
My brother in his letter has some forerunners of my next pacquet,
which I presume will allay the bitterness of Mr. Larkin's expresses.
If H.M. orders Mr. Larkin to be at liberty here and live as he has
thought, lawless, I am satisfied I shall be daily insulted and the
Government and Country put in confusion. Therefore I hope
their Lordships will be of opinion that he be subject to the inflictions and penalties thereof, as any other inhabitant, for I find
he intends to stay amongst us; and I further request that if
my reputation or conduct be in dispute, that I may have time
to come and answer for myself, for my life is not significant to
me when my honour is in question, unless where H.M. service
is concerned, wch. I have been a martyr to since Mr. Larkin
came here, for no gentleman ever in my post suffer'd so many
indignities, affronts and barbarous afflictions both in publick
and private capacitie as I have done. Signed, B. Bennett.
Endorsed, Recd. 21st, Read July 22, 1703. 3½ pp. [C.O. 37, 4.
No. 20; and 38, 5. pp. 411–416.] |
April 3.
Bermuda. |
539. Lt.-Governor Bennett to [?]. Duplicate of preceding.
4 pp. [C.O. 37, 26. No. 1.] |
April 3.
St. James's. |
540. Order of Queen in Council, upon Representation
of April 2, directing the Council of Trade and Plantations
to write to Governor Lord Cornbury signifying H.M. directions
as therein proposed, and to the several Governors and Proprietors
of H.M. Plantations adjacent to New Yorke for the furnishing
their respective quotas to the assistance of that Province as
there shall be occasion. Signed, Edward Southwell. Endorsed,
Recd. 10th, Read April 19, 1703. 1½ pp. [C.O. 5, 1048.
No. 51; and 5. 1119. pp. 471–473.] |
April 3.
St. James's. |
541. Order of Queen in Council. Referring the report of
H.R.H. the Lord High Admiral (see March 24) to the
Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Recd. 9th, Read April 13, 1703.
¾ p. Enclosed, |
|
541. i. Copy of Report of the Lord High Admiral given
March 24, supra. Signed, George. Countersigned,
Edward Southwell. 2¼ pp. [C.O. 5, 863. Nos. 15,
15.i; and 5, 910. pp. 457–462.] |
April 3.
St. James's. |
542. Order of Queen in Council. Approving Representation
of March 23, and ratifying the Act of the Leeward Islands accordingly. Signed, John Povey. Endorsed, Recd. Read May 6,
1703. ¾ p. [C.O. 152, 5. No. 22; and 153, 8. pp. 172, 173.] |
April 4.
Boston. |
543. Governor Dudley to [? the Council of Trade and
Plantations]. Since my last I have holden another Assembly
for this Province, and in a very pressing manner I have laid before
them their own interest and benefit as well as duty to H.M. to
restore the garrison at Pemaquid, and with much difficulty the
Council have again agreed it, but with so much uneasiness as
has further encouraged the Representatives in their obstinacy
flatly to refuse it, so that I know no method further with them
in the affair. I am sorry to make this Representation so contrary
to H.M. just commands. The Castle of this place is a very good
and honorable work, and will be finished in two months more,
at about 6,000l. value, and I have directed Col. Romer to raise
a small work at Marblehead, and then to begin at Pascataqua,
where that very little Province have given 500l., and are willing
to add their labour to make a greater summe. Mr. Brenton has
obeyed your Lordships, and last week took a receipt of Mr.
Ichabod Plaisted for 25l. per annum paid him to this day for the
service about the masts, which is the full half of that salary,
and I believe he is very diligent in the duty of his place. The
Lieutenant Governor and Mr. Sheafe have attended me in the
article of enumerated commodities imported from the Massachusetts. It was three bags of cotton wool, wch. against all
law was acquitted by the Jury, but I have reseized it, and put it
into the Court of Admiralty, where Mr. Newton, Deputy Judge
under Mr. Atwood sits, who dare not acquit it, but says he is
unwilling to condemn it because it has been acquitted in another
Court. If I might be honoured so far as to have Col. Byfield
appointed Judge of the Admiralty, I should answer for his just
proceeding here. In this matter it depends upon the late Act
of Parliament impowering the Admiralty to hear and determine
all causes of the Revenue, and I hope your Lordships will
command that he give judgment in it, and I shall stay the wool
under seizure till I shall have your Lordships' commands, though
it is taken very severely that the wool has been now holden
twenty months under seizure without an issue. |
|
My Lords, I am exposed to the insults of an enemy for want
of a guardship here and another at Pascataqua, which the
French at Placentia and Port Royal know very well. I pray
your Lordships' favour therein. My Indians are yet unexpectedly
at quiet. But I have just now the advice of an English privateer
unhappily going ashore at Penobscott, and killing and doing
mischief there, which may cause a rupture. I have all things
in readinesse and two companies of foot I marched into the
Province of Mayne this week, that I be not surprised if they rise.
I pray your Lordships' favour to obtain a settlement for a salary
for the Governour and Civil List here, which I can by no means
obtain from the Assembly, that I may be supported here in
H.M. service. Signed, J. Dudley. Endorsed, Recd. June 30,
Read July 13, 1703. 3¾ pp. Annexed, |
|
543. i. Abstract of preceding. [C.O. 5, 863. Nos. 16, 16.i.;
and (without abstract) 5, 911. pp. 75–78.] |
April 4.
Boston. |
544. Governor Dudley to the Council of Trade and
Plantations. |
|
Repeats preceding, and adds; Since the falling down of the ship,
I received from New Hampshire inclosed copies of the two Acts
of the last Assembly, and of the Act for raising the 550l. before
my arrival, and another copy of the fines and amerciaments
for seven years last past, of which with the first copy I humbly
gave your Lordships account of the plea offered me by the gentlemen here, that the whole at no time passed, but often fell short
of the Justices' allowances for their Sessions, and so nothing
came into H.M. Treasury, but if your Lordships please to direct
otherwise for the future, it shall be obeyed. I have also by
H.M.S. Gosport arrived this day from Jamaica (viz. April 11th),
the good news that the two storeships of provisions, and the two
foot companies I sent by H.M. especiall command to gether with
about 14 victuallers in company are all safe arrived at Port Royal
and very seasonable, considering the great disaster of the fire
there. Signed, J. Dudley. Endorsed, Recd. Nov. 20, 1703.
Read Jan. 7, 170¾. Mem. [? by Mr. Popple]. The papers therein
referred to are not sent. 3¾ pp. Annexed, |
|
544. i. Abstract of preceding. 3¾ pp. [C.O. 5, 863. Nos.
17, 17.i.; and (without abstract), 5, 911. pp. 175–176.] |
April 5.
Whitehall. |
545. Journal of Council of Trade and Plantations. Mr.
Attorney General's opinion as to the coast lands in New Hampshire
read. Copy ordered to be delivered to Mr. Usher. |
|
Letter from Mr. Story, Secretary of New Hampshire, read. |
|
Order of Council, Jan. 21, approving Lord Cornbury's
Instructions, read. |
|
Orders of Council, March 4, relating to a Charter for the Importtation of Naval Stores, read. |
|
Order of Council, March 20, approving an Act of New York,
read. |
|
Order of Council approving Col. Seymour's Instructions, read. |
|
Memorial from Mr. Champante read. |
|
Letters from Mr. Broughton, Attorney-General at New York,
read. |
|
Ordered that Mr. Lund, named by him, have notice to attend
on Thursday. |
| April 6. |
Letter from Mr. James Cowse to Mr. Attorney General, Barbadoes, Feb. 2, relating to delays he met with in a suit at law
there, having been communicated to the Board from Mr. Attorney,
ordered that a letter be prepared to Sir Beville Granville in behalf
of Mr. Cowse to the like effect as that lately writ in behalf of
Mr. Hodges. |
|
Ordered that circular letters be prepared to the Governors of
all H.M. Plantations for expediting of Justice in their respective
Governments, and transmitting accounts of the proceedings
of their Courts of Justice. |
|
Mr. Perry, Mr. Byfeild and Mr. Godin offering to the Board
a Memorial relating to hardships put upon their correspondents
in Carolina upon occasion of the late expedition from thence
against St. Augustin, the subject of which Memorial appearing
upon perusal to be a matter of State, and requiring hast, the same
was returned to them, and they were advised to make their first
application to H. M. by a Secretary of State. |
|
Draught of a letter to Governor Lord Cornbury was agreed
upon and ordered to be transcribed. |
| April 7. |
Above letter signed. |
|
Letter from the Earl of Nottingham, relating to Newfoundland, read. |
|
Mr. Merrit thereupon ordered to attend to-morrow with one
or more persons who have been acquainted with that country,
in order to answer such enquiries as there may be occasion to
make relating thereunto. |
|
Mr. Usher desiring their Lordships to report upon H.M. Order
in Council relating to Mr. Allen's title to the coast lands in New
Hampshire, directions were given for preparing a representation
accordingly. [C.O. 391, 16. pp. 55–61; and 391, 97. pp.
265–273.] |
| April 5. |
546. Minutes of Council [in Assembly] of Barbados. See
following abstract. Lovis Lameth, a Frenchman who was taken in
the French King's service, desired to take the oath of allegiance
to the Queen of England, as also the oath of abjuration, he being
a Protestant, and that he might have leave to stay here, being
willing to serve H.M., which was granted, and he took the oaths
and signed the Test. |
|
Joint-Committee appointed as desired by the Assembly. |
|
The Speaker read a paper which he said was a further answer
to the reply of this Board to the answer of their House. But the
President having declared by his reply delivered them that he
would word it noe further with them, and that he did not think
it worth his while to take any further notice thereof, it conteining
so many untruths and falsities [sic]. [C.O. 31, 8. pp. 15, 16.] |
| April 5. |
547. Journal of Assembly of Barbadoes. The House met
by vertue of a special call from the President, who informed
them that he had received a letter from the General of the Leeward Islands, that gives an account that the forces there had
attacked the Island of Guardeloop, that they wanted 20 barrels of
fine powder, and about 40 barrels of shot, and desired that it
might be sent down with all speed for that service. [H.E.
recommended] that the two petitions of the Hon. Saml. Cox that
lye before the Assembly may be considered of and dispatched. |
|
Resolved, that a joint-Committee be appointed to inspect
the stores and to send Col. Codrington 20 barrels of fine powder
and what ball there is already made, and that persons be employed by them, if there be occasion, to buy lead on the country's
account for the making more ball. And this day 'tis ordered
to cast the same quantity of balls as they shall think fit to send
away for H.M. service, and that Col. Codrington may be desired
to passe a receipt for the powder and ball. |
|
The following reply was delivered to the President's paper of
Feb. 19:—Nothing can be more agreable to all our desires than the
happy discovery of an expedient to remove our heats and unite
divisions, and to settle in the present conjuncture a good understanding between ye Honourable ye Members of H.M. Councill
and this House, and thereby establish such a mutuall trust and
confidence in each other (which your unjust suspicions of us
have hitherto prevented) as are absolutely necessary for our
joynt carrying on our publick interest for ye Honour of H.M.
and our own safety. But when wee consider the fruitless advances
and offers which we have in a former paper made towards a reconcilement, and that the measures we have hitherto taken
prove (wee feare through prejudice and prepossession) insufficient
and ineffectuall to gaine that end and have rather produced effects
diametrically opposite to our aims and intentions; we were at
at a stand and had some thoughts to lett the unseasonable controversy have stopt untill we could be heard by an impartial
judge with a requisite calmness and eveness of temper; but
when we further consider that our silence may by some be made
an argument of our guilt, and that to say nothing were to confess
ye charges, wee have changed our resolution and made ye following reply to your Honour's Paper dated Feb. 19th, 1702, tho'
a great part of ye Paper is taken up with bitter invectives against
our Speaker, and tho' they reflect not only dishonour upon us
but upon ye many former Assemblys, that have constantly chosen
him to ye chaire, yet think it needless now to be his advocate, for
when we consider how many years he has been chosen by every
voyce of his parish to represent them in ye Assembly, and in how
many Assemblys he has been (with a nemine contradicente) elected
their Speaker, wee think his reputation so well establisht, as not
to be shaken by a few angry reflections; the rude (nauseous
rather than) fulsome and irreverent expressions which you charge
him with useing before my Lord Grey, none of us remember anything of, tho' many of us were then Members of that Assembly,
and we are apt to believe that if he had been guilty of such an
indecorum, he would not have continued for much in that good
Governor's favour to the last, as wee know he did. Now it is our
wonder how these sweet words have been so long thus carefully
preserved, for we suppose that T—ds, f—ts and A—s
have no room in your Honour's diary. The rationall charitye
(for other we know not) which your Honour professes to have
used towards us in your construction of our words and actions,
wee cannot discover (nor do we think in the present case we much
want) but find that our meaning in both of them have been
misinterpreted by your commentarys and glosses thereon, to
some of which in ye following sheets we will point. We shall not
spend time in justifying ye propriety of ye title which you say
we give our last paper (vizt. Modest Vindication) because will not
differ with you about words only, but say, by vindication in
that place we mean nothing but what ye word commonly imports,
vizt. a clearing ourselves from ye imputation of ye misfeazeances
you charge us with. And that it is modest throughout, wee
are still persuaded notwithstanding your Honour's objection
against it, for when we are accused of dishonouring H.M., disparaging her Government, and lessening her authority, to reply
that ye most malicious of our enemies could never charge us
justly with such black crimes, we think not immodest; or
when you are asserting your owne, and ye Members of the Councill's
diligence and sedulitye, and condemning us of negligence, to
answer, we question not now your diligence, because recrimination is not our businesse, surely this is not immodest also, for tho'
we charge you not with any faulty stepp, yet we presume you think
not yourselves inerrable, for the poet says, Aliquando bonus
dormitat Homerus, and thus we think of the other immodestyes,
which you charge us with. That we have given a false representation of our actions and proceedings on the ship Bill, in favour of
ourselves, and prejudice to you, we can't allow, nor have wee
said, that ye reasons that hindered the speedy passing it were
severall objections relating to the securitye of the gentlemen,
that were to advance that money: we doe and must constantly
declare that how unanimously soever you reckon our zeale in
that businesse, wee had none but what wee designed for the
publique good, and that however earnest or importunate our
instances were, wee had no other motive thereto or ground for
than that the Bill might pass to the satisfaction of the advancers,
who assured us then (and will now affirm itt) that they would
not make the loan if a tittle of the Bill were altered. We cannot
acknowledge that wee were then or at any time guiltye of anything that lookt like threats; for we only submissively enough
said, that if we wanted the money by the non-passing of the Bill,
wee should be forced to dismisse the vessels, and because no other
business then before us, would adjourne our house, and that the
consequent evills would be chargeable (not we could charge) to your
Honour. We disclaime and abhorr all malicious and seditious
designs to surprize, and must disown that there was any cajolery or
persuasion used either by the Speaker or any other, to those
moderate and prudent Members (a very usefull distinction at this
time) that you suppose highly disapprove of our proceedings, to
bring them over to espouse Mr. Speaker's errors; but must averr
that it was past with a nemine contradicente, for all your supposed
high disapprovement. That your Honour was sending a profest
Papist with the Flag of Truce to Martinico, must again assert,
but don't say that your Honour knew as much when you first
designed to employ him in that affaire, nor were convinced thereof
until Col. Peers declared it; but had it been a bare suspicion (or
as your Honour calls it, a slight suggestion) from this House
wee humbly conceive it had not disparaged that Honble. Board
to have made a change immediately for the gentleman that we
recommended; that we averred that we had a right to recommend
in such cases, we must not owne, but that we have been consulted
in the like cases is notorious. That the Gentleman presented
afterwards refused to goe, was not because he was not accepted
upon our first motion, but for that you would have enjoyned him
to have taken the Papist for his Interpreter, which he thought
inconvenient and hazardous. Now it was at that time, when
your Honour called that which we addressed for, slight and triviall
(and not when wee prest the passing of the Bill for fitting out
shipps etc.,) that our Speaker declared that wee lookt upon ourselves to be the Grand Council of this Island; for the clearing
of our meaning by that expression, wee have offered some reasons
in our former paper, but because you have ridiculed some of
them as childish, we shall further say, (1) that our assertion was
not comparative, (2) if it had been, if the comparison had not
been secundum idem et eodem modo, it had proved nothing. Now,
suppose I should say to my friend, I am quicker and nimbler
than you, and he should say, I am nimbler than you, and should
offer a race or a leap to determine the dispute, untill I answered
nimbler with my pen and not with my heales; now both these
propositions may be true at the same time, because not secundum
idem et eodem modo, which it was otherwise impossible to be
But suppose it had been a comparative proposition, why must
the comparison relate onely to dignity rather than numbers or
bulk; for wee know that a Governor of this Island told the Assembly, that they had chosen a great man for theire Speaker, meaning
a large man. Wee were of opinion that the latter was the genuine
and obvious interpretation of the words, as they were placed, for
please to consider that wee said wee were chosen by all the freeholders in every parish, soe that our tenure being from the people,
how came wee by the thought of our supereminent dignitye.
Wee humbly conceive you will not allow them the gift of honour
and dignitye, because they have none to give, so that if wee
supposed ourselves to have itt, that thought must be the issue
and bratt of a Phrenzie (that your Honour supposeth our rage
had run us into) which, as the Proverb sayes, has no faults morally
speaking, upon which score we had deserved rather your pity
than those keen animadversions. But if we were not then
actually madd, our folly was very eminent and egregious, for if
we believed ourselves superior in dignitye and jurisdiction, why
did wee come as Petitioners to your Honour, and returne
without a grant ? And why did our actions run counter to the
designs and aimes of our ambition ? Why did we acknowledge
in our former paper, that the constitution of our Government
was such, that it could not be mended, and yet at the same time
act so contrary to our true interest as to endeavour a change ?
But we say further, that as we are elected by the inhabitants,
soe believe we are of Councill for them, in relation to their
privileges and purses; wee can give your Honour some quotations
(when you'l please to require them) in which the House of Commons, seperate and abstract from the House of Lords, is called
the Great Council of England, and the bulwarke of English
libertyes. We can also offer you many to prove the propriety
of the verb admonish in the sense we have used itt, not onely in
our vernacular language, but in other better polisht and of more
generall use. That we represent the whole body of the people
of this Island, wee are perswaded, and for that reason addrest your
Honour to prevent the evils that may befall them by sending a
Papist in such an employ to our enemyes. But to say you
represented yourselves, can't easily believe ourselves guiltye of
such a blunder in sense. You very well know (we are assured)
that a Peer of the Realm of England is denyed his vote in the
election of any Member to serve in Parliament, from whence it is
plainly evident that as the House of Commons is elected onely by,
so they represent all the Commons of England. If then you'l
allow our Government here by Governor, Council and Assembly
to hold any analogy with or resemblance of that in England by
King, Lords and Commons, wee conceive that wee shall not
appeare guiltye of soe much ambition and madnesse as you charge
us with. 'Tis true that upon a review of the vast expenses we
have made for fitting out a small navall force to assist H.M. ship
in securing our trade, our great losses and successlesse event,
we were inclined to believe that our misfortunes were in a great
measure due to the ill-conduct and mismanagement of the persons
commissioned, and for that reason have entered a resolve in our
Books to raise noe more money for such uses, unlesse the persons
that wee shall recommend for that trust be accepted. Our
former Governors have not thought our recommendation of
persons to the Chief Offices for Trust (vizt. Treasury and Magazeen)
in our Island, an imposition on them, or a diminution of the
regal authoritye; nor have the Kings refused or excepted against
those Lawes that give us that Libertye, wherefore it is our wonder
how that resolve came to exasperate your Honour soe much against
this House. |
|
When wee answer that wee owe no deference to the Members
of H.M. Council here, but what reason and Civill respect exact,
to inferr from thence that wee deny their politicall superioritye
and our subordination, and allow it only precarious, is we dare
say, an irregular conclusion, notwithstanding the opinion you have
of our abilityes in Logicke to be as low as that of ours in Grammar;
wee thought those words had been so free from ambiguitye and
equivocation, that they had need of noe explanation, and that
our meaning therein was plainly intelligible, but because wee now
see they are wrung and drawne to a distant signification, wee will
give your Honour a faithfull explanation of our meaning, vizt.,
wee look upon ourselves as a collective body and parte of the
Government independent on any except the Governors (which
we humbly conceive now to be the President) from whom we have
our existence, by deference we meane an implicite comeing over,
or a yielding to their opinions or judgments in debates, without
the conviction of our reason, which deference we refuse to give,
because that from our constitution we enjoy a negative voyce or
libertye to dissent, and which libertye whoever denyes in disputes
between such bodyes would make his or theire owne opinions
the measure of truth, it might seem intends a quarrel rather than
a calm dispute. All other deference and regards which are
due to persons in your elevated posts, we'l constantly pay you as
true plain Englishmen without any dissimulation or much
ceremony. This we look upon to be preferrable to modish
hypocrisye, accompanied with cringes and grimace, and this we
conceive is all that is justly expectable from us, without you
would have us Country Putts or under Spurr Leathers. And
as we readily acknowledge our being from your Honour (Quatenus
President or Governor), soe wee as franckly confesse and will
as cheerfully obey your power of dissolving when ever you'l
please or think fitt to exert itt, nor will wee ever spurn against
H.M. authoritye, but always approve ourselves her dutifull and
loyal subjects, and never deserve those virulent epithets which
you have very liberally bestowed upon us through both your
papers. To have both the causes we have assigned of some of
our speedy adjournments burlesqued and we banterd, as if we
were supposed to be of opinion that we were under the fatall
necessity of the Stoicks to doe evill, we think not fair usage, and
because you can't find the force they should otherwise have upon
our adjournments for your satisfaction, we will offer you two
late instances wherein sicknesse and other avacations determined
those sessions. The first was in Major Estwick's, who being in
the Council Chamber suddenly taken very ill, and we then but
a bare House, forced our speedy adjournment. The other was
in the case of Mr. Harper, who had appointed the next day (on
which we had resolved to continue sitting) to receive possession
of a very considerable estate that he had purchased, and soe
because we could not on that day attend the business of the
House, forced alsoe a speedy adjournment. |
|
Whereas your Honour charged us (in the first paper and to
which we did not then particularly answer) with a refusall or
neglect to reassemble upon your Message to us, presently after
our adjournment entered, we say for our vindication that it was
our opinion that the Speaker could not justly then recall the
House without your Honour's written command or summons.
That your Honour had matter of moment to imparte to us from
(we suppose St. James's not Whitehall) wee were wholly ignorant
of, particularly of the grant of the 4½ per cent., of which you
have lett us yet know certainly but very little, and because wee
did not forthwith run away like hasty messengers with but half
our errands, you very obligingly concluded that we delayed our
thanks until we shall be convinced that our merciful Queen
deserves them. |
|
We confesse we refused to consent to the delivery of our
country's brigandine (purchased with our money, a great parte
of which was advanced by the Members of this House, because
of the great scarcity of money, and restrained by a Law to the
service of this Island) to H.M. Captains without securitye to
return her or her value in a limited time, which we presume we
might justly do in behalfe of the people with whose money she
was bought, nor were we obliged to consider more their distaste
than our interest in that case, how ridiculous soever you may
think our carriage in that matter to be. That she now lyes
useless, we have these reasons to assigne, vizt., that we have
made a vast expence of money in her former cruices, and we
believe the rough mismanagement and ill conduct have not reaped
the least benefit or advantage thereby. The backwardness
that you accuse us of to provide for the safeguard of our coast,
and the small care that we take to pay our seamen and soldiers
noe disinterested person will thinke us guiltye of, when it shall
be considered that we have expended upon the first a great summe
of money, and have charged by poll and other taxes upon the
people since September last neer 20,000l. (besides the excise)
to pay the latter and beare the other charges of the Government,
and we have alsoe made excessive taxes of labour for repaireing
and rebuilding our fortifications; all which no Assembly since
the first settlement of this Island have equalled. We must
declare and averr that your Honour noe sooner intimated to us
your suddaine expectation of our Governor's arrivall, than we
did consent to allow 100l. to prepare a dinner to receive him on
shoare, which considering our present indigences was (we think)
no small summe. That it has been a custome here to receive any
Nobleman on shoare, and treat him at the countrye's charge,
we cannot allow, and now the great povertye of the people which
we represent will not bear such a charitable innovation. The
requirings and demands of the Commanders of H.M. soldiers
brought here in H.M. ships under the command of Commodore
Walker, were at first onely to provide for there lodging on the
shoare, so that they might receive the benefitt of our fresh aire,
to which we without any delay consented (tho' they were infected
with a contagious disease) and desired that they might be lodged
in the several forts of this island. But when they demanded free
quarters in our severall Plantations, wee did not soe readily
yeaild, not onely for feare of the infection, but chiefly for the
great scarcitye of victualls necessary to support our lives; for its
sufficiently knowne to all ye English world that we had all
(through unheard of drought of the two last yeares) certainely
starved but for the vast importation of victualls from England,
Ireland and the Americane Colonyes. It's as certaine also that
we had not here at the time a fortnight's salt provisions for our
whole Island, yet notwithstanding such scarcitye, wee in hopes
of the speedy arrivall of some recruites, gave them a month's
quarter, and upon the arrivall of some from Ireland and New
England, consented to give them another month alsoe, to our
very great charge. That we take not care to informe our Agents,
is but yr. guesse, for tho' (wee feare) we have not done itt
sufficiently, yet wee have not wholly neglected itt. That we
are considerably in theire debt is imputable to the small cropps
we made, which were scarcely sufficient to buy provisions for
the support of our lives, but designe in a small time to pay that
debt to theire satisfaction. Wee beleive you accuse us unjustly
of negligence and disrespect in refuseing to continue sitting one
day longer at yr. Honour's commands, whenas our wills was
great and our endeavours earnest and fervent for it untill we were
fully convinced of the impossibility of making a quorum that
day, and then on our adjournment to shew our zeale and forwardnesse for dispatch of publique businesse, we interposed onely two
dayes before we reassembled. |
|
In the close of yr. paper we can't but observe and celebrate the
great candor you shew to us, particularly when you suppose that
to gratifye our ambition, we aime and drive at an exorbitant
and illegal power, to the disservice, and dishonour of H.M., and
disinterest of this people, which noe body else that knows us did
ever suppose. Whereas we have constantly affermed, and never
'tis hoped contradicted it by our practice, that we would sacredly
keep within our old just boundaryes, and never soe much as offer
to leap those barriers, because wee hate Anarchy as well as
Tyranny, into the first of which such an attempt would infallibly
plunge us, and from which (beside our knowne temper and opinion)
it might seem our possessions (which are not very meane in this
Island) would secure us, for we never did set up or designe to carry
on a partye or advance a faction to turmoyle the Government,
but rather to reconcile differences, and to unite unto one publique
interest; nor doe wee set upp for or pretend to a nice conduct,
or an overwise practicall Politye, for we confesse our heads are
not very strong and cleare. Yet we say our hearts are sound
when you advise us to acknowledge errors that we conceive that
we have never been guiltye of, and to amend irregularityes that we
have never made, wee must pray yr. Honour's pardon, if wee
cannot obey. Now whenever your Honour shall think itt necessary
to give us the demonstration you threaten us with, wee doubt not
but in our appeale to H.M. and in our remonstrance to the
People, to justifye our loyaltye to her and our fidelity to and care
of them, against the cavills and impeachments of any gainsayer. |
|
After attending on the President and Council and delivering
the above replication, the House adjourned for five weeks.
[C.O. 31, 7. pp. 39–54.] |
April 5.
Boston. |
548. Minutes of Council of the Massachusetts Bay. Several
of the mariners of the sloop Flying Horse, Capt. Samuel Chadwell,
Commander, were examined upon the insult made by him upon the
house of Paul Munier, at Naskeag, and wounding of him, of which
wound, it is said, he is dead, and other enormities by him
committed in those parts, and were dismissed, with charge to
return to the sloop. Advised, that it forthwith be insinuated
to the Indians, that what Chadwell has acted therein is very
surprizing, and a perfect breach of his instructions, and highly
resented; that strict enquiry and examination has been made
thereinto; that Chadwell is deprived of his Commission, his sword
broken, and himself committed close prisoner at the Castle;
that the goods by them plundered be forthwith restored, and the
Indians be directed to procure what evidence they can of the
injuries done by Chadwell, against H. E. sees them, when he will
have consideration thereof, and direct a further proceeding.
[C.O. 5, 789. pp. 495, 496.] |
| April 5. |
549. Minutes of Council of Virginia. Ordered that Major
William Buckner do receive and secure the stores sent in for
H.M.S. Southampton. (See April 3). |
| April 6. |
Commission from H.R.H. the Lord High Admiral to H.E.
to be Vice-Admiral of Virginia, was opened, and H.E. took the
oaths appointed and subscribed the Test. [C.O. 5, 1412. pp. 56, 57.] |
| April 5. |
550. Minutes of Council in Assembly of Virginia. Message
from H.E. sent down, recommending the Burgesses, if they
now go upon the Revisal of the Laws, to appoint a Committee
to join with a Committee of the Council to consider of the best
methods for carrying on the business of the Assembly and
General Court with the greatest ease and convenience. The
Assembly agreed. Joint-Committee appointed accordingly. |
| April 6. |
H.E., having summoned the Assembly, addressed them:—I
pray God Almighty direct us in this great affair of Revising the
Laws. I'm heartily glad that you have begun to read some of
the Bills, and I do most cordially and earnestly recommend to you
to go through with them, but withal that you take care that all his
late Majesty's (of glorious memory) his Instructions, which
I laid before your House, as likewise the Orders of the Council
of Trade and Plantations, with several propositions from myself
and Council etc. be now effectually provided for by the said Laws,
as likewise that such a Body of the Laws as the Council of Trade
and Plantations by their letter of Nov. 4, require, be provided
to be sent to their Lordships. I cannot but with the same
sincerity and earnestness recommend to you that several of the
parishes be better regulated both in respect of the number of
tithables and of the inconveniencie of their being divided by rivers
and unfordable creeks of great length, and the same of some
Counties, particularly in this Neck; for I hope in God we shall
all agree in making parishes and counties as convenient and
easie and with as little trouble and charge to the inhabitants as
possible. One principal way of accomplishing it I suppose will
be by making them square, for at present in some counties the
people are forced to go 20 or 30 miles to muster and Court, whereas
they need not go above half so far. If you agree upon dividing this
Neck into squares (wch I hope you will), you may in one thing
show your loyalty and respect to H.M. by calling the county
in which this place is after her Royal name. I propose that
where 'its possible, no county be less than 800 tithables and no
parish than 400. I herewith give Mr. Speaker the copy of a
letter from the Council of Trade and Plantations to Gov.
Blakiston concerning the Act for Religious worship there. |
| April 7. |
Report upon the Reply of the Council to the Burgesses
[April 2] amended, agreed upon. Message accordingly sent down:—The Council cannot but be concerned to observe that all their
endeavours to come to a good understanding with your House
by the usual way of conferences on this subject prove so ineffectual
especially when after the most mature deliberation concerning
the nature of that first resolve, they cannot yet be sensible that
it was proper for them to interpose in any other manner, being
well satisfied that a resolve of the House concerning the denial
of a supply is not in the nature of other Bills sent up to the Council
for their concurrence or disagreement, nor within the reason of
any of the cases mentioned in your message, but a matter of
that nature which if once overthrown in your house is no otherwise
to be retrieved by the Council then by the usual method of
Conferences. Had the House of Burgesses granted the money
as they have denied it, the Council confesses it would have been
proper to have insisted on their concurrence to such a grant, but
to desire their concurrence or disagreement to a denial of a money
grant, they judge to be altogether unusual and unpresidential.
And therefore being unwilling to step out of their own Province
after the house had so peremptorily tied up their hands by your
positive denials, they have hitherto insisted on a Conference, at
which by considering the reasons of the ability or inability of the
country, they might have come to a mutual good understanding
and so have proceeded to join with you in some common method
to satisfy H.M. in this matter, but upon your repeated denials
to meet them in the way of conferences, they are now at a stand
how to proceed any further. |
|
The House attending presented an Address to H.E.:—Having
taken into serious consideration the several Speeches to us this
Session, and having made some progress therein, we apprehended
ourselves liable to many difficulties, which will be likely to hinder
our proceeding with that chearfulness and expedition that otherwise we might do. To omit many other weighty consideration[s],
we are just now proceeding upon the Revisal of the Laws, and
in prosecution thereof shall often have occasion of a Address
to and Conference with the Council, wch. we conceive cannot
so conveniently be had as otherwise might be, because their
Honours will be necessarily diverted therefrom by their attending
the General Court, and consequently the delay that must ensue
thereupon will be very chargeable and burdensome to the
country. There being but few houses in town, we are already
some of us obliged to have lodgings at a great distance from
buisness, and the entertainment we find already is but very
ordinary, so that when the town shall be crowded with people
whose occasions oblige them to attend the General Court, it will
be with a great difficulty and uneasiness (if not altogether impossible) that we shall be able to procure a necessary subsistence
for our money. The late unexpected arrival of several ships
from England will prove very prejudicial to many of our personal
interests, if we be obliged to attend the Assembly without any
regard had to our private concerns. And since at present we are
not apprised of any necessity of our continuing together at this
time, pray for leave to adjourn till after the General Court. |
|
H.E. promised an answer to-morrow. [C.O. 5, 1412. pp.
482–488.] |
| April 5. |
551. Journal of House of Burgesses of Virginia. A Bill
for the effectual suppression of vice and restraint and punishment
of blasphemous, wicked and dissolute persons, read the first time,
and committed. |
|
Bill concerning marriages read the first time and committed. |
|
Bill for establishing the General Court and for regulating
and settling the proceedings therein, read the first time and
committed. |
|
Bill for the better securing the liberty of the subject read the
first time and committed. |
|
Bill for establishing the County Courts, for regulating and
settling the proceedings therein and directing the manner of
granting probates of wills and administration of intestates' estates,
read the first time and committed. |
|
And see preceding abstract under date. |
