America and West Indies: July 1703, 21-25

Pages 561-574

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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July 1703, 21-25

July 21. 931. Account of the Petty Expenses of the Office of the Council of Trade and Plantations from Xmas, 1702—Midsummer, 1703. Total, 18l. 1s. 3d. 1 p. [C.O. 388, 75. No. 73.]
July 21. 932. Stationer's Account for the same period. Total, 38l. 6s. 10d. Endorsed, Recd. Read July 21, 1703. 2¼ pp. [C.O. 388, 75. No. 74.]
July 21. 933. Postman's Account for the same period. Total, 74l. 16s. Same endorsement. 2 pp. [C.O. 388, 75. No. 75.]
July 21.
934. Explanatory observations upon the clause in Colonel Seymour's Instructions relating to the revising the Laws of Maryland and transmitting a compleat body thereof.
Colonel Blackiston, late Governor of Maryland, did, with his letter of Aug. 16, 1699, transmit to the Commissioners for Trade and Plantations a collection of the revised Acts of that Province, in two parts, the one entituled "perpetual Laws without limitation," the other "Laws made in July, 1699," intimating withall that several former Acts were thereby continued and others altered. In the said book of "Laws made in July, 1699," there is an "Act for ascertaining the Laws of that Province," by which the Acts past that Session, together with such former Acts, whereof a list is there inserted, are declared and enacted to be the only Laws of that Province; and all others formerly made are thereby repealed. This method has been judged irregular, because the validity of all the Laws of the Province are thereby made to depend upon this single Act: whereas each of them ought to have been enacted separately; that so they might have been singly either confirmed or disallowed by H.M. as should have been judged fitting. Hereupon the said "Act ascertaining the Laws of the Province" has been repealed. And thereby it is conceived that not only the new Laws of that Session, but also the former Laws, so far as they were altered in that revision, and doe depend on this Act, are all set aside. So that the old Laws, as they stood before that revision and the passing of the said Act did thereupon revive. But whereas it is probable that the Assembly in revising the Laws as aforesaid, did make many alterations which may be usefull and proper to be allowed; it is judged expedient that the same be now again revised, and that such as have not been since repealed but doe yet seem proper, be enacted anew each of them singly; and a compleat collection thereof sent over as formerly in large Paper; that they may be submitted to H.M. approbation or disapprobation. And whereas it will undoubtedly happen that in the collection of Laws thus revised and re-enacted, divers ancient Laws will be repealed, it is necessary that a separate copy of all such repealed Acts be transmitted at the same time, that recourse may be had thereunto as occasion shall require, since without the sight of such repealed Acts, the Commissioners for Trade and Plantations will not be able to report their opinion upon the rest. [C.O. 5, 726. pp. 265–267.]
July 21. 935. Certificate from the Remembrancer's Office, that security has been given for Mr. John Evans. Signed, R. Barker. Endorsed, Recd. Read July 21, 1703. ½ p. [C.O. 5, 1262. p. 42; and 5, 1290. p. 355.]
July 21. 936. Minutes of Council in Assembly of Jamaica. Bill to prevent the incursion of the enemy on the sea coast, to which the House had agreed with the amendments, sent up, was read the third time and passed.
Bill to impower the Justices and Vestry of the parish of St. George to raise and pay in their taxes by a former Act, and indempnify the Justices and Vestry of the parish of St. Thomas in the East and St. David's for not raising their taxes in the time limited, sent up, was read a first, second and third time and passed.
Bill for regulating elections, and appointing the number of Assemblymen, sent up, which was read and rejected.
Message sent up to remind the Council of the Bill impowering Commissioners to enquire into the execution of the Act for raising money on Port Royal, and several other Bills that lye before the Board.
July 22. Message sent down in reply, that the Council cannot proceed in the Port Royal Bill till they have a satisfactory answer to the last message sent to the House on June 5. They desired a free Conference immediately upon the Bill for encouraging Privateers, and that for dividing St. Elizabeth Parish, to which the House agreed.
Other Bills referred to.
The Governor required the Minutes of the House to be laid before him.
Bill, for the better recovery of the money raised by an Act for raising money for providing an addition to the subsistance of H.M. officers and soldiers, sent up, was read the first time and committed.
A second Conference was appointed to make a new draught of the Bill for the encouragement of privateers, the House having agreed to the most material of the amendments.
July 23. The Council sent a message to the House with their reasons (given) against re-enacting the whole body of Laws, on account of which they continued of opinion that such things as want amendment may best be done by a supplemental and explanatory Law, to be past together with an Act of confirmation.
Message sent up: Our House hoped they had given your Honours a satisfactory answer to your Message of June 5, relating to the Port Royal Bill, by their messages of June 16 and July 6, but finding by your message of June 21, that you do insist still for a Conference, we having a dew regard for this Honourable Board, and that all misunderstandings may be prevented, desire a free Conference on the subject matter of the several messages sent by both Houses, by which we hope matters may be accommodated for the good and welfare of the country.
Free Conference appointed for Tuesday accordingly.
Bill for encouragement of privateers etc. sent up.
A Joint-Committee was appointed to confer upon the subject matter of the Act for better recovery etc. (July 22).
The Clerk was ordered by the Governor to remind the Speaker of laying the Minutes of the House before him. Message sent up, that they should be laid before him as soon as writ out. [C.O. 140, 6. pp. 507–512.]
July 22.
937. Council of Trade and Plantations to the Queen. In obedience to your Majesties Order in Councill, July 11, we have received from Mr. Penn a certificate of security given in the Exchequer for 2,000l. that John Evans shall duly observe the Acts of Trade, in the same form as has been done for other Properiety Governments; as likewise a declaration and promise under Mr. Penn's hand that your Majesties approbation and allowance of the said Evans to be Deputy Governour of the said Province and Territories shall not be construed in any manner to diminish or set aside your Majesties claim of right to the three Lower Counties on Delaware River; whereupon we are humbly of opinion that your Majesty doe grant your royal approbation of the said Evans to be Deputy Governour of Pennsylvania without limitation of time, and of the Three Lower Counties during your Majesties pleasure only; and we doe further humbly lay before your Majestya Draught of instructions for Mr. Penn relating to the Acts of Trade to the like effect as have been given to him and all other Proprietors of Plantations upon the like occasion. Signed, Darmouth, Rob. Cecill, Ph. Meadows, Wm. Blathwayt, Mat. Prior. [C.O. 5, 1290. pp. 356, 357.]
July 22. 938. Journal of Assembly of Jamaica. Capt. Thomas Freeman and Andrew Orgill, departing the House without leave, resolved that they lie under the censure of the House, and ordered that they be sent for and pay 5l. each to the Clerk.
Message sent up to desire of the Governor to know when there will be a Council, but the Governor was abroad.
Resolved that all the absent members be sent for in custody.
Act for the better recovery of money etc. read the third time.
Valentine Mumby was granted leave to go to Kingston.
And see Minutes of Council in Assembly under date.
The Speaker signed a warrant for Tho. Hudson, Ja. Archbold, and Will. Vassall.
July 23. Ordered that the Act for the Ferry between St. Andrews and St. Katherine's, and the Act for the Bridge at Passage Fort and the Act for building the bridge at the Ferry be committed to the same Committee that have the Bill in charge for clearing Rio Cobre above and below Caymanas.
And see Minutes of Council in Assembly under date.
Bill declaring it high treason to counterfeit the broad seale of this Island read the first time.
Bill for encouraging privateers read three times with amendments, and sent up.
Bill confirming the will of Ann Archer read the first time.
Major John Ellis, senr., and Wm. Nedham were granted leave of absence to-morrow.
July 24. William Vassall attending in custody was discharged on paying his fees (1l. to the Clerk and 3l. to the Messenger), he asserting that indisposition was the occasion of his not attending sooner.
The Messenger reported that Capt. Hudson and Capt. Archbold were both very ill. (See July 22.)
The House agreed to some amendments to the Bill for the better recovery of the money raised etc.
100l. ordered to be paid to John Gay, Clerk of the Assembly.
Bill for the better collecting H.M. quit-rents read the second time and ordered to be engrossed, with the title, An Act for ascertaining the quit-rents and manner of receipt thereof.
Capt. Thomas Freeman misbehaveing himself by swearing in the House and other contemptuous behaviour, he was ordered to be taken into custody of the Messenger.
And see Minutes of Council in Assembly under date. [C.O. 140, 7. pp. 72–77.]
July 22.
939. Minutes of Council of the Massachusetts Bay. Capt. John Browne and his brothers were fully heard. (See July 15.)
July 23. Their petition was dismissed, petitioner not having passed through the Courts of the Common Law, and so the matter not properly brought to this Board.
The resignation of Mr. Addington, on account of the decay of his health, was accepted. (See July 16.)
July 24. Upon intelligence just now received of a French privateer lying in or about Tarpolin Cove or Martha's Vineyard, that had surpris'd and taken several coasting or provision vessels, Capt. Daniel Plowman, commander of the briganteen Charles, a private man of war, and his owners were sent for, and proposals made and agreed to for the enforcement of her with an addition of men, and sending of her forth on a cruise in quest of the enemy. [C.O. 5, 789. pp. 519, 520.]
July 22. 940. Minutes of Council in Assembly of the Massachusetts Bay. Tax Bill sent down, with a message that there is no vote of the Representatives to the vote of the Council thereupon, and that it is expected they pass the Bill in the accustomed manner for payment of the public debts, and making good the fund for the Bills of Credit emitted, which by two several Acts already pass'd they have engaged to do.
Report of the Committee upon the petition of John Campbell, Post Master, sent up with an amendment for an allowance to be made to him of 10l. for the time past and 20l. for the year ensuing, and that he be freed from impresses, traynings and watches during his employment as Post-master, agreed to.
196l. 7s. 5d. paid to Andrew Belcher for payments made by him on H.E.'s late voyage Eastward, and for what was given to the Indians.
The Tax Bill was again sent up from the Representatives with the vote of that House thereupon, adhering to their former vote. Whereupon H.E. summoned them to attend, and intimated to them that the clauses of restriction were such an alloy to the Government and derogatory to the powers granted by the Charter to himself and the Board, who were the standing Government, that he could not consent thereto, but expected the Bill to pass in the usual forme, and the fund for the Bills to be made good, and dismist them.
The Council then revived their vote of yesterday and sent it down.
Bill, for reversing the attainders of Abigail Faulkner and others for witchcraft, was read a first and second time.
July 23. The latter Bill was read a third time and sent down.
Report of Committee upon the fortifications of Castle Island was approved and sent down. They recommended the finishing of certain platforms and the construction of a guard-room, vaults etc., which, including a debt of 200l. already contracted in the work, Col. Romer undertook to perform for 1,000l.
Message sent down to move the House to have further consideration of the clause of restriction in the Tax Bill, as also for an allowance to be made to H.E. for his service in the Government for the year commenced, and of what fell short the year past.
Bill in addition to the Act for settling the bounds and defraying the necessary charges arising within each respective County was again read, and carried in the negative.
Bill for granting unto H.M. a tax upon Polls and Estates was sent up again, agreed to with the withdrawing of the clause of Restriction. A resolve of the House of Representatives was sent up with it:—That it is the undoubted priviledge of this House, that their concurrence be had in the particular application and disposal of all and every sum and sums that are put into the Treasury, so far as it can be practised. Which was read.
July 24. Petition of the Selectmen of Sherborne, setting forth that the Town of Framingham hath for two years past assessed and collected part of their Province tax upon a considerable number of the inhabitants of Sherborne, whose respective proportion in Sherborne's assessment amounts to 6l. 14s. 9d., sent up with an order of the Representatives that the Treasurer defer the demanding of that sum of the Constable of Sherborn until this Court shall give further order, read and concurred with.
Resolve of the Representatives agreed to that James Taylor, Treasurer, be paid 200l. for his service in that office last year; Elisha Hutchinson, John Phillips and James Converse 8l. each, for their time and expense in waiting on H.E. in his late journey to the Eastern Indians; John White, Clerk of the House, 14l. for his salary; William Stanton, Purser of H.M.S. Gosport, 6l. for his extraordinary expenses in beer, wood, candle, when the ship waited on H.E. in his late voyage eastward; James Maxwell, Doorkeeper, 30l. salary.
The Declaration of the Council, of 21st inst., upon the clause of privilege contained in the deed of the lands upon Mounthope Neck, being not agreed to by the House of Representatives, the Council voted that they are of opinion that the former part of the said clause is expired and determined, being to continue onely dureing that Government, and that the latter part of the said clause referring to entring and clearing of ships and vessels, was at the time of executing the said deed, and still is contrary to diverse Acts of Parliament, which H.E. is sworn to see duly observed.
Bill in addition to the Act for regulating townships was read a second time.
Resolve sent up from the Representatives for allowing 300l. to be paid out of the first part of the tax to H.E. the Governor towards his support in the management of the Government, was read and sent back to the House with a message to reconsider the same. [C.O. 5, 789. pp. 849–854.]
July 23.
941. William Popple to William Penn. The Council of Trade and Plantations having had notice from Lord Cornbury, May 29, that he had had some letters from Philadelphia which informed that they had lately held Courts of Judicature there in which they have condemned people to death by Judges that are Quakers, and by a Jury of Quakers, and neither Judges nor Jury under any oath, which proceedings have very much startled the Gentlemen of the Church of England in Pensylvania, their Lordships therefore desire you would give particular directions to your Deputy Governor, and use all other means for putting a stop to such undue proceedings. [C.O. 5, 1290. p. 358.]
July 23.
942. William Popple to Sir Edward Northey. I enclose a Collection of the Laws of New Hampshire, upon which the Council of Trade and Plantations desire your opinion in point of Law as soon as may be, and particularly as to the Act for confirmation of town grants, and an Act to prevent contention and controversy that may arise concerning the bounds of the respective towns within this Province, which their Lordships consider fit to be repealed, as seeming to entrench upon the rights of particular persons. Annexed,
942. i. List of Acts of New Hampshire enclosed. [C.O. 5, 911. pp. 97–103.]
July 23.
943. William Popple to the Lord Bishop of London. Enclosing copies of two Acts of New Hampshire, concerning marriages etc., and for maintenance of the Ministry. The Council of Trade and Plantations desire your Lordship would favour them with your opinion. [C.O. 5, 911. pp. 103, 104.]
July 23.
944. Governor Nicholson to the Council of Trade and Plantations. I am extreamly troubled and concerned that I cannot give your Lordships an account that the Assembly hath complyed with H.M. royall commands concerning the 900l. for New Yorke, but I hope in God it will appear to your Lordships both by the Journalls of the Councill and Councill in Assembly, and of the House of Burgesses, that I endeavoured what in me lay, that they should have been more dutifull and obedient to H.M. royall commands. I must confess that the people of the country are generally against it: but with humble submission, if H.M. will be pleased to repeat her commands concerning the said 900l., I propose that H.M. will be pleased to signify her royall resentment, especially to H.M. Councill here, who I think have acted very much contrary to their duty to H.M., if not to the oath they have taken in that affair. Mr. Blair and Coll. Carter were the persons that drew up the Address. Mr. Secretary Jennings, tho' he was appointed to be one, was at that time indisposed. To give your Lordships a true and full account of this affair, as likewise of the state of this H.M. Colony and Dominion of Virginia in all respects, more particularly concerning the Laws, I have proposed to him to go and wait upon your Lordships, which I hope in God he will do by the next convoy on Sept. 16, his so doing I humbly conceive being both for H.M. interest and service. I propose to send by him copys of the Laws which the Revisors have finished, as likewise of those now in force, it not being possible for his going now, because there will be such a great deal of writing both of the Laws and other things, I hope that your Lordships will be pleased not to take it amiss that he waits on your Lordships no sooner, but I hope in God, that what I design to send by Mr. Secretary, and the account that he will give your Lordships, will be to your satisfaction, and so answer my design of his going for England. So soon as our General Court was done, in the latter end of April, I went for New York, where I had the honour and happyness of meeting H.E. my Lord Cornbury; and I had the good fortune of fully discoursing affairs with his Lordship concerning H.M. interest and service; and we agreed in every thing and I hope we have intirely settled a correspondence which may be for them. H.E. Coll. Dudley was not there; but if Coll. Seymour should arrive early in the Fall, and can possibly go to New York, I will endeavour to go along with him. H.E. my Lord Cornbury I don't doubt hath given your Lordships an account of the principall things of which we discoursed, and particularly of what I spoke to his Lordship about the proposall which he had made to your Lordships concerning attacking Canada, it was that, with his Lordship's good liking (which he approved of) I would most humbly propose to your Lordships (which I do now doe) that I might either be the next person in command to him, or go with his Lordship as a Voluntier, and either of these without any charge to H.M.; for I think my self every way in duty obliged to serve H.M. with my life and the small estate I have, whenever H.M. interest and service requires it. I did not know how prejudicial it might be to them in case the French should have intelligence that the Assembly here had not complyed with H.M. royall commands concerning New Yorke; for it was too publick and they might think there was some misunderstanding between the Governours: therefore I went my self, and preferr'd my Lord my own Bills of Exchange for the 900l. which he took and was pleased to give me a receipt for them, and herewith is a copy thereof, which is most humbly transmitted to your Lordships. Signed, Fr. Nicholson. Endorsed, Recd. 5th, Read Oct. 8, 1703. 3 large pp. Enclosed,
944. i. Abstract of preceding. 1 p.
944. ii. Lord Cornbury's receipt for 900l. received from Governor Nicholson for the Quota of Virginia, July 23, 1703. Endorsed, Recd. Oct. 5, 1703. Copy. ¾ p.
944. iii. Address from the Council of Virginia to H.M. in answer to H.M. Letter relating to the Quota for New York. April 10, 1703. See supra pp. 342–344. Signed by the Council. 1 large p. Endorsed as preceding.
944. iv. Address from the House of Burgesses of Virginia to H.M. in answer to H.M. Letter relating to the Quota for New York. April 10, 1703. See supra pp. 344–346. Signed by the Assembly. 1 large p. Endorsed as preceding.
944. v. Copy of Address of Burgesses of Virginia to H.M. relating to the Quota. Sept., 1701. [See Calendar A. & W.I. 1701. No. 893.] 1 large p. [C.O. 5, 1313. Nos. 25, 25.i.–v.; and (with enclosure ii. only) 5, 1360. pp. 418–422.]
July 23.
945. Earl of Nottingham to the Council of Trade and Plantations. I send you herewith the extract of a letter which I have received from Sir Bevill Granville, dated at Barbados, June 4th (q.v.), that you may be the better prepared for the representation to be made to the Queen of what is necessary for H.M. Plantations in America at such time as it shall be proper to lay the same before H.M. Signed, Nottingham. 1 p. Enclosed,
945. i. Extract of Letter from Governor Sir B. Granville to the Earl of Nottingham. Barbados, June 4, 1703. All the account I am yet able to give your Lordship of this place is that I find it very sickly and the sickness very mortal: the Fortifications bad and in very ill order; the Militia, which is its best strength, by sickness and the difficulty of getting white servants from Europe, lessen'd to a degree very unequall to what the defence of it requires. The whole endorsed, Recd. Read July 27, 1703. [C.O. 28, 6. Nos. 100, 100.i.; and 29, 8. pp. 316, 317.]
July 23. 946. Sir Edward Northey to the Council of Trade and Plantations. In obedience to your Lordships' Order of Reference, June 4, I have perused and considered of an Act passed at Nevis Decr. 21 last, entituled an Act for the better securing and confirming the titles of land in this Island, and do conceive the same not fitt to be confirmed, by reason that by the clause confirming the titles of lands in that Island to the possessors thereof, which are intended only to such possessors who have had possession thereof for seaven years; the word (or) being inserted for (and) as the same now stands, the possessors of land by disseisin at the time of the making the Act, though they never had possession for any time before, will be by this confirmed in such possession against all persons whatsoever. Signed, Edwd. Northey. Endorsed, Recd. 26, Read July 27, 1703. 1 p. Attached,
946. i. Memorandum, The Act of the same title passed in June, 1701, was repealed Dec. 21, 1701. [C.O. 152, 5. Nos. 32, 32.i.; and (without Memorandum) 153, 8. p. 203.]
July 23. 947. Journal of Council of Trade and Plantations. Ordered that copies of two Acts of New Hampshire be sent to the Bishop of London and his opinion desired thereupon.
Upon further consideration of Lord Cornbury's letter, May 29, the Secretary was ordered to write to Mr. Penn. (See supra No. 941.) [C.O. 391, 16. p. 187; and 391, 97. p. 529.]
July 23. 948. Minutes of Council of Jamaica. The Governor communicated to the Board a petition of 18 masters of merchantships now in Kingston Harbour, complaining that by reason of Admiral Graydon's impressing most of their men, and the sicknesse of others, they have not been able to get ready against the time limited by the Admirall for the sailing of the convoy, at the beginning of the next month, and praying that the convoy might be stayed till the 20th. The Council advised the Governor to send a copy thereof to the Commander of the convoy, and to recommend it to him as a thing very much for H.M. and our country's service, being it would be a great detriment to both if, for want of convoy, soe considerable a number of merchantships with their loading should fall into the hands of our enemys. Ordered accordingly.
156l. 15s. 6¼d. paid to Lt. Gov. Handasyd for the maintenance of several of H.M. soldiers, who by reason of the sicklynesse of the places where they were quartered, were removed to St. Jago de la Vega, and have had noe quarters, some from January, some from February, and some from March.
147l. 2s. paid to Harvey Nicholls, Deputy Marshal, on account of expresses and other public charges disburst by him, May 26, 1702—Jan. 9, 1703.
86l. 1s. 6d. paid to Henry Brabant for expresses and other public charges.
8l. paid to Geo. Dawson, joiner, for a large table for the Council roome, and taking down a partition in the Queen's house.
20l. paid to William Barton for freight to Passage Fort and storage of H.M. artillery and stores of war sent up to this town, and for his boat impressed and damaged in bringing over the recruits from Port Royall.
271l. 14s. 0d. paid to Edward Betterton, Deputy Marshall, June 26, 1701—Feb. 8, 1703, for expresses and other charges disburst by him.
213l. 7s. 6½d. paid to Thomas Flower for materials and workmen for the fortifications at Port Royal and Old Harbour. [C.O. 140, 6. pp. 153–157.]
July 24. 949. Minutes of Council in Assembly of Jamaica. Bill for encouraging privateers was read the first and second time. [C.O. 140, 6. p. 512.]
July 25.
950. Col. Quary to the Council of Trade and Plantations. I writ to your Lordships lately by two ships that sayled from this place, one Captain Puckle and the other Captain Watson, both bounde for London. I do very much doubt whether the letters will be convey'd safe. I gave your Lordships the present confused state of this Government, all things being at a stande. Since which is arrived 2 vessells from England and 3 more expected dayly. As yet I have received no letters. Here is arrived one Mr. Roger Mumpersons with a Commission from H.R.H. to be Judge of the Admiralty for this Province, and all the rest of the Governments on the Main, to New Hampshire. I am very glad that I am superceeded, and do heartily wish that I never had been concerned. I am very well assured that Mr. Penn's malice and revenge will never leave pursuing me till he ruines me, unless prevented by your Lordships' favour and protection. I am no ways surprized at this new Commission, but must think it strange that Mr. Penn should be able to impose on the Government so farr as to preferr a gentleman to be Judge of the Admiralty for all North America, who hath given his opinion under his hand, that no seizing of ship or goodes for the breach of the Act of Trade and Navigation and the Act of the 7th and 8th of the last reign, ought to be in the Plantations but by Juryes, and that the Admiralty hath no power or jurisdiction in any place within the sight of lande, so that by this gentleman's opinion the Act of Parliament and all the Commission and proceedings of the Admiralty are all damn'd at once.
Your Lordships may please to know that when Mr. Penn came last to America, he brought with him this gentleman's opinion under his hand, which he was pleased to show me in hopes to have swayed my judgment. I thought it very extravagant, however, after I had viewed it, I desired him to give me an authentick copy and to attest it, which I have now by me, and have enclosed a copy of it, for your Lordship's perusall. Mr. Penn by sending this gentleman, who hath been his Council for many yeares, hath so magnify'd his great interest, that there is nothing too hard for him to effect. They goe on now to exercise all the powers of Government againe without any qualification at all, they say they know the worste and doubt not but that the Queen will forgive them. It is the generall discourse of the Quakers, that the Lords of Trade and Plantations are Mr. Penn's enemies, but that he vallues them not, haveing a greater interest than all of them, and shall be able to carry on all his designes in spite of them all, this I am very well satisfyed comes from Mr. Penn himself. For his Secretary, Mr. Logan, tolde a very worthy gentleman in this country, Mr. Jasper Yeats, the very same wordes in effect. Mr. Penn hath recommended to his friends here that they doe amongst them settle 200l. a year on the new Judge, which they say will be speedily done. But Mr. Penn and all his friends have designed me for ruine, which they threaten hard. I will not enlarge, but referre to the enclosed opinion, which I humbly desire that you will please to peruse and consider whether the Admiralty can any ways answer any one end proposed for H.M. service. I will now proceed to acquaint your Lordships with two things of great consequence in order to H.M. service. The first is that since the fatall miscarriage against the French at Guadalupe, Antegua and all the Leeward Islands are under a very great consternation, being very apprehensive of the French. All French inhabitants of Guadalupe are forced to goe a privateering, their provisions being destroyed. There is a great number of vessells fitted out from Martinico, they are so bold that they land at one place or other every day, and plunder and take off negroes, so that the people are soe harrassed and allarmed, that all who are able to get off, do dayly. We have had here already four vessells with passengers; yesterday came in a ship from Antegua with above forty passengers. I sent for the Master and discoursed him, who tells me there are a great number of inhabitants gone to Carolina and severall to other places to the northward. I asked him whether the Governor did put any stop to the inhabitants leaving the Islands, he told me there was no embargo, but that the Governor was very uneasy to see so many of the most able men in all respects quitting the Islands. All the force they have to secure the Islands by sea, is only a small man of war of 26 guns, and the French have severall privateeres from Martinico of greater force. If some speedy course be not taken, it is generally concluded that on the first arrivall of a squadron of French men of warr all the Leeward Islands will be lost. The next thing that I have to lay before your Lordships is, a proposall for securing the trade of America and distressing the French for provisions. All the trade from North America from Barbadoes, Jamaica and all the Leeward Islands is twice a year with provisions and return with the produce of those Islands. I propose that the severall Governours of the Plantations on the Main, do order an embargo on all vessells, and not suffer any to go but in fleets or under convoy, that the times of these fleets going, both in the spring and towards winter, ought to be agreed on by the severall Governours, as also the place of making up the fleet, that the ships of war that are ordered to attend New York and New England be ordered to convoy this fleete, by which means it will be of no charge to the Queen, that the convoy which goes with the fleet in the spring doe return back with them as soon as they can be loaded, and that when they goe towards the winter, that they stay and cruise about the Islands till the middle of March, where they may doe great service against the French and Spanyard, whereas shoulde they continue at New England or New York, they woulde be shutt up with the ice and doe the Queen no service at all. The French have no supplys from France with provisions, nor can their Islands be furnished in time of war, but by intercepting our vessells. When our Forces were at Guadalupe, all the French Privateers were called in, so that they were so distressed for provisions at Martinico, that beef was sold there for 10l. or 12l. a barrell, but now that they are at leisure to send out all their force in Privateers, they will have provisions plentyer than we have. All which would be prevented if single ships were not suffered to goe into their mouths, but all obliged to goe in fleets under convoy. This would also prevent the carrying so much provisions to St. Thomas, which is in effect the same as carrying it to Martinico. Were this proposall duly pursued, it would effectually secure all the trade of the Main with H.M. Islands, and so distress the French that they would not be able to victual their Privateers for want of beef, pork, flower or bread, nor would they be able to subsist in their Islands. I believe this proposall would be approved of by all the Governors in America and by all the merchants. The Dutch at Curesaw have called in all their Privateers and have now a free and open trade with the Spaniards, far greater than ever. This gives verry great dissatisfaction to H.M. subjects to have their hands tyed up whilst the Dutch engross all the trade. Signed, Robert Quary.
Inclosed is a copy of Mr. Penn's Commission by which your Lordships may see how cunningly he hath shifted off the Government of the three Lower Counties; he hath named them but Grants, no other power for the government of them then what is given to him in his Letters Patents, which he very well knows is nothing; and that they are not so much as mentioned. And though these Gentlemen of his Councill will not quallifie themselves, yett they are resolved now to execute all powers of Government, and depend on H.M. pardon, which Mr. Penn can have for asking. Signed, Robert Quary. 4 pp. Enclosed,
950. i. Abstract of preceding. Endorsed, Recd. 18th, Read Oct. 21, 1703. 2¼ pp.
950. ii. Copy of Mr. Penn's Commission to the Council. William Penn, true and absolute Proprietary and Governour in Cheif of the Province of Pennsylvania and Territorys thereunto belonging, to all to whom these presents shall come sendeth greeting. Know ye that I have nominated, appointed and ordained my trusty and well beloved Friends, Edward Shippen, John Guest, Samuell Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuell Finney, Caleb Pusey and John Blunston, to be my Councill of State, for the Government of the said Province of Pennsylvania and Counties annexed, of whom any four shall be a Quorum, to consult and assist with the best of their advice and councill me or my Lieutenant or Deputy Governour for the time being, in all publick affairs and matters relating to the said Government, and to the peace, safety and well being of the people thereof, and in the absence of me and my Lieutenant out of the said Province and Territories, or upon my Lieutenant's decease or other incapacity, I doe by these presents give and grant to the said Edward Shippen, John Guest, Samuell Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuell Finney, Caleb Pusey and John Blunston, or any five of them, to exercise all and singular the powers, jurisdictions and authorities whatsoever to me and my heirs by virtue of the Royal Charter or Letters Pattent of King Charles II, given and granted, that are or shall be necessary for the well governing of the said Province and Territorys, and for the administring, maintaining and executing of justice and providing for the safety and well being of the said people during such absence, they and each of them, the said Edward Shippen, John Guest, Samuell Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuell Finney, Caleb Pusey and John Blunston to continue in place, till my further order shall be known. And I doe further hereby grant to my Lieutenant-Governour for the time being, full power and authority upon the decease or removal of any of the said Councill to nominate and appoint others to serve in their place and stead, also to add to the number of Councill now appointed and to appoint a President of the said Councill, when and so often as my said Lieutenant shall see cause, and in case he shall not appoint a President, then the first named of the next to him shall and is hereby empowered to take the chair. Given under my hand and Great Seale of this Province, at Philadelphia, October 28, in the thirteenth year of the reign of King William the Third over England, etc., and the one and twentyeth of my government, Anno Domini 1701. Signed, Wm. Penn. 1p.
950. iii. Duplicate of preceding.
950. iv. Duplicate of preceding. [C.O. 5, 1262. Nos. 43, 43.i.–iv.; and 5, 1290. pp. 371–383.]