America and West Indies: April 1703, 1-5

Pages 309-335

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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April 1703, 1-5

April 1.
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.
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.
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.
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.
Proposition of King and Queen County for setling Rollinghouses rejected.
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.
Proposition from Nansemond County against the transportation of old iron rejected.
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.
Petitions of Capt. Thomas Mountford and Robert Beverley referred to the Committee of publick claims.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.