America and West Indies: May 1704, 26-31

Pages 137-157

Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Originally published by His Majesty's Stationery Office, London, 1916.

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May 1704, 26-31

May 26.
349. Council of Trade and Plantations to Gov. Dudley. Since our letter of March 17 we have received one from you of Dec. 19 (we have also seen your letters of Dec. 28), Jan. 3, and March 3 to our Secretary. We are sorry to find the Assembly have been so refractory in the matter of Pemaquid which so nearly concerns H.M. interest and their own safety. But we have not seen the Address you mention to have been sent over by the Assembly without your concurrence to excuse their not rebuilding that Fort. We can by no means approve their proceeding in this manner, it is very unfit that Assemblies should make representations to H.M. by particular Agents of their own without the consent and knowledge of H.M. Governour, except it be in cases where the Governour refuses to transmit or report what they desire, which you will intimate to the Assembly on such occasions as you shall think proper. We are very sensible of the little care the Assembly do take in settling a salary upon you and other Officers, and wish you could propose to us any method for rendring that affair more easy to you; in the meantime not being forbid by your Instructions as Governor of the Massachusets Bay, you may immediately receive what presents shall be made you by Act of Assembly there without expecting H.M. confirmation, sending over nevertheless by the first opportunity such Act or Order by which the same is given in the same manner as all other Acts for H.M. approbation. As to stores of war, you ought to have sent us a particular account of the quantities and species desired, and for what places wanted, as also how H.M. shall be reimbursed; for it is very unreasonable the Assembly of the Massachusetts Bay should expect that they should be furnished with stores of war at H.M. expence, while they of all the Colonies in America do alone refuse to settle a salary upon H.M. Governour and other Officers there. We have received the map you have sent us, but we must desire you, when you send anything of that nature for the future, to give charge to the persons to whom you intrust it, that they take care to deliver it themselves, for we had like to have lost this by the negligence of the Captain, who left it at the post-house at Portsmouth. We have laid before H.R.H. Councill what you writ concerning ships of war. And we have also laid before H.M. what you write about a descent on Port Royall, and when any directions shall be given therein you will have timely notice. As to what you write relating to the Castle's requiring more men than it did before it was inlarged, as also concerning a winters expedition, we conceive that you are the best judge in those matters. We leave it therefore to your prudence to do therein, and upon other the like occasions, as you shall find most for H.M. interest and the safety of the Province. We are glad the Assembly of New Hampshire have settled 160l. per annum on you during your Government. But whereas all Acts of that nature ought to be sent for H.M. approbation, we are expecting that Act in order to it's receiving the royall assent. We have laid before H.M. the Act of New Hampshire for obliging the inhabitants to do military service, and for raising money for a stock of provisions to be in each town ready for a march against the enemy. We send you H.M. letters to the Governments of Connecticut and Rhode Island, relating to their refusing assistance to you in time of need, as also a copy thereof for your information. Col. Romer having transmitted to us an inscription he proposes to be set up on the Castle at Boston, we send you a copy thereof to be set up accordingly, having no objection thereunto. We desire you to send us quarterly, or as often as may be, the number of persons that shall come from England or any of the Plantations to settle in the Massachusets Bay. We inclose the extract of a letter from Capt. Lloyd, Commander of the Company at Newfoundland, relating to the piratical proceedings of George Bald, Commander of the Adventure, a New England sloop, that you may make enquiry into that matter, and if the complaint be found true, that you do your best endeavours that the offenders be brought to condign punishment. This may serve as a caution to you not to grant Commissions to privateers without sufficient security. [C.O. 5, 911. pp. 330–334.]
May 26. 350. Mr. Thurston to Mr. Popple. The Chaplain for Newfoundland has been supported hitherto by a deduction from the pay of the Company there, pursuant to a warrant from the late King. I have endeavoured a renewal of the warrant by the present Queen, thereby to cut off all scruple that might arise in the officers, who never very well relish't it. But I have been unsuccessfull, as being a stranger to the Secretary at War. Prays for a recommendation from the Council of Trade and Plantations. Signed, J. Thurston. Endorsed, Recd. Read May 26, 1704. 2 pp. [C.O. 194, 3. No. 21.]
May 27.
351. Stephen Thomson to the Council of Trade and Plantations. Returns thanks for recommendation as Attorney General for Virginia. Signed, S. Thomson. Endorsed, Recd. 9th, Read Aug. 23, 1704. Addressed. Sealed. Postmark. ¾ p. [C.O. 5, 1314. No. 19; and 5, 1361. p. 20.]
May 30. 352. William Byrd to the Council of Trade and Plantations. I find no direct complaint against Col. Byrd. The gentlemen concern'd in the Memorial do not charge him with any fraud or neglect in auditing the publick accounts, neither do they charge him with not producing them from time to time to the Governor, before they be transmitted to England. The only article that has so much as the air of a complaint against the Auditor, is, that there has not been any solemn audit since Col. Nicholson came to the Government of Virginia, which these gentlemen afterwards are pleased to explaine by saying that the accounts have not been examined in Councill The Auditor has not the least authority to summon the Gentlemen of the Council, and therefore it can be no fault in him if they be not summon'd. I appeal to these gentlemen whether Col. Byrd has not been frequently heard to lament, that the ancient custome of passing his accounts in that publick manner should be interrupted. Insists on the desirability of the public examination of Accounts, etc. Signed, William Byrd. Endorsed, Recd. Read May 31, 1704. 1½ pp. [C.O. 5, 1314. No. 20; and 5, 1360. pp. 476–478.]
May 30.
353. Col. Quary to the Council of Trade and Plantations. My last was Feb. 28 etc. Lt. Gov. Evans called an Assembly to sett April 10; in order to it writts were issued out to the Three Lower Countys. Mr. Penn's Province would obey noe writt, but was resolved to stand firm to the late Charter granted by Mr. Penn just at his going for England, by wch. they have power to assemble themselves when and as often as they please, with many other such extravagant priviledges as never was granted to any people before, nor had this been granted but that Mr. Penn thought then that ye Parliament had reasum'd his grant to the Crown, wch. made him so liberal, tho' now he repents and wants a fair occasion to dam his own Charter. However Col. Evans was willing to try if he could reconcile or accommodate these confusions, in order to it appointed the members of the Three Lower Countys to meet at Philadelphia, wch. they did, and after all endeavours used to accommodate matters, nothing would prevail with the Quakers: upon the former union they met upon the square, the Lower Countys were equal in numbers with the Upper, but now by Mr. Penn's new Charter the Upper Countys have more then double the number of Representatives. After some time spent to noe purpose, the Gentlemen of the Lower Countys, finding themselves thrown off by the Quakers, and that they must shift for themselves, went back to their own count[r]y, and the Lieut. Governor hath ordered them to meet him at Newcastle, to see what can be done with them singley, in order, I suppose, for the security of the country, wch. lies so open and exposed, but I cannot see how it is possible for them to undergo the great charge of it themselves, besides they will be very unwilling to undertake it at their own cost, since the Quakers of the Upper County will reap the greatest benefitt, and yet will not contribute anything towards their own defence. Since the Quakers have thrown off the Three Lower Countys, I hope yr. Lordships will think it high time that H.M. take those poor people under her immediate protection. I am very confident that Mr. Penn's proud Province will quickly repent there throwing off Lower Countys; it will quite ruin their trade, nor can they subsist [without being supplied from them; besides in case the Lower Counties be made] a Province of itself, or joyn'd to any other Government, then the tobacco which is all made there cannot by law be carried to them without first paying the 1d. per lb. duty, which will ruin Pensylvania, and very much improve the trade of the Lower Countys. Besides the 2,000l. which the Assembly gave Mr. Penn before he went hence, and the excise on beer, wine etc., he had managed the People so wth. his spatious pretences, yt. he gott a subscription from all the several meetings throughout the whole Province, which by a very modest computation amounts to 2,500l.; one of the original subscriptions and an original recet from his Secretary and Receiver General to the Collector I have in my possession; by enclosed copy your Lpps. will see the pretences he uses to impose on the poor people and to gain his point, so that by these ways together wth. the quitt-rents, supernumery land and the constant sale of land, the Country is quite drained of all the money, there is scarce enough left to goe to market.
I have your Lordships a full acct. of the severall fatall attaques made by the Indians and French on the out settlements of New England, and alsoe that a party of about 300 Indians, headed by about 20 or 30 French had fallen into the Proprietary Govmt. of Connecticutt and cut of a place called Dearfield, they killed 52 of the inhabitants and carry'd away 80 prisoners; the Indians and French had 50 killed in this action. Their cheif officer was M. Marecure, who formerly cut off Schenectade. We must expect frequent misfortunes of this nature in one Province or another, where the Enemy please to fall on us, nor is there any other effectuall way to prevent these mischiefs but by cutting off Canada, wch. may be done with ease, if H.M. would but resolve on it; nothing can secure her subjects in any of her Provinces, or prevent the French from being in time Masters of the Main.
H.E. Col. Dudley hath disolv'd the Assembly of that Province, April 21st. I doe much fear that he will change for the worse. Lord Cornbury designs as soon as [the Assembly at New York] rise to hasten up to Albany to settle the frontiers, and in order to it hath adjourned the Assembly of the Jersys to June 20, at wch. time I resolve to attend H.E. at Burlington. I need not tell your Lordships of how great a consequence the effectual securing of the Five Nations and the Frontiers is to all H.M. Governments. I am very confident that he will do all in his power, but I fear it is impossible for ye people of that Province to support the charge of it. I doe very well know that the inhabitants of New York are suppos'd to be a very rich people, but in reallity they are not: it is true they had formerly a very great trade, and gott abundance of money the last war, when we had a trade with the Spaniards, besides they had a very proffitable, tho' an unlawfull trade to and from Madagascar, besides the advantage of several privateers and Pyrates [bringing great quantities of mony and goods amongst them, all which is] gone to pay there Creditors in England, and have very little left among them; they have had very great losses this warr both going and coming from England, besides vast losses in the West Indies; their Trade is in effect quite gone, the produce of the Country is of little or no value, nor is there any markett for it anywhere, soe that on the whole matter their circumstances are very low, and yet the charge of the Governmt. is much higher then it use[d] to be, and their Neighbours less able to supply them then ever. Their Northern Neighbours have enough to doe in defending themselves and their frontiers from the enemy, who are so frequently assaulted by them, so that there can be but very little hope of assistance from any of them. To the Southward, the Jersys are able to supply their quota of men and subsist them, tho money is very scarce amongst them, yett that want may be answered by the produce of the Country. Lord Cornbury very well knows how to manedge that point, but there is a fatall obsticle, which I fear will ruin all the hopes of being supply'd with men from hence. When the people of Jersey find that their next neighbour of Pensylvania doe neither supply there quota in men or mony, they will think it very hard that they must be under worse circumstances under H.M. Governmt. than these fellow-subjects are under a Proprietor, but this is not the worst, for those that are sent on this expedition are generally single men, and rather than fare worse than there next neighbours, will leave the country and goe to Pensylvania, by which means H.M. Province will be depopulated etc. This is already in every man's mouth. Pensylvania will give no supply of men or money so long as they remain under their present constitution, soe that instead of being an advantage to the Crown, or contributing in ye least to ye security of H.M. Provinces or themselves, they will rather contribute their endeavours to hinder others. The Lower Countys, if we consider them as they are now thrown off by the Quakers of Pensylvania, and are independent, nothing can be expected of them, more then the settling a Militia amongst them, and putting them on the most proper methods for their own defence, and in case they find that doth bear hard on them, then they will have recourse to the same remedy that ye People of the Jersey have, and remove themselves to Pensylvania, wch. still shews the necessity of that Province being under some other regulations. H.E. Col. Seymour arrived in Maryland April 11. I was there to attend him. He called his Councill, where he and they were qualified by [taking the oaths appointed] etc. The Assembly, wch. were called, and in being in the last Reigne, were [then on adjournment]. H.E. thought fit to humour them to meet Apr. 24, in order to renew the Act for laying 3d. upon every hhd. of tobacco, wch. the Assembly had formerly given to Col. Blakistone, but was expired after his quitting the Governmt. Had H.E. stayed till a new Assembly was called, he must have lost the benefitt of that duty on all the tobacco that goes home in this fleet. The Assembly renewed that Act, and then were dissolved; there is now writts for calling a new one. The Assembly of Maryland did formerly give something toward the support of Albany, but there is not a penny of it paid to this day, and they are in hopes by some way or other to evade the payment of it, and I have very great ground to doubt whither they will ever be prevailed wth. to give any more, for they are very apprehensive of their own danger from the Indians and French, especially since the cutting off of Dearfield. I believe yr. Lordships may not allow this to be a good reason, but rather think they ought to prevent the approach of their danger by assistance in supporting Albany. However when your Lordships consider there other circumstances more especially in relation to Trade and the effects of it [hath] on them, I am sure you will give grains of allowance to them. Noe Trade belonging to England is worse manedge than the tobacco trade, and therefore doe wish yt. there were a regulation of it. I am sure it would be for the interest of H.M., the Planter and the Mercht. too, but as it is manedg'd it is injurious to all. I cannot give a greater instance than the last fleet under the convoy of the Guernsey and Oxford, known here as the Smoaking fleet; it hath done more damage to trade and the intrist of these Provinces than all that were concern'd in it were worth; it hath lower'd the price of tobacco both at home and at all forreign marketts almost to nothing, I mean the Aronoco tobacco; it hath entail'd such a feud and misunderstanding betwixt the inhabitants that will require some time to reconcile; some few that did not see into the reason of trade were for encouraging them, but the most considering men that saw further and knew the consequence of such irregular methods gave them all the discouragement they could. These Provinces produce but one crop of tobacco in a year; one fleet of ships may carry home all this tobacco under a good convoy; this would fix the price of tobacco here, in England and all forreign marketts; then all persons concerned would buy briskly, being well assured that no other supply would come till next year's fleet; whereas the [late destructive and irregular way of having several Fleets] to carry home this tobacco ruins trade, discou[rages the buyer], lowers the price, to the ruin of all concerned, for when an after fleet is expected, they always depend on ten times a greater quantity than really there is, and so deferr buying, perhaps there never was such an instance of four severall fleets that went from hence in fourteen months time, wch. hath given such a fatall blow to trade that will hardly be retriev'd, by wch. means severall thousands of hhds. of Aronoco tobacco were not worth to the owners one penny, some left on the masters of the ships hands for the freight, and had not some worthy eminent merchant, who had a true honour for Trade and the Intrist of these countrys, stood in the gap and supported it, it would have been far worse; however it had this fatall effect, that the tobacco yielding little or nothing, the Planters' Bills of Exchange were returned protested to their great damage, and utter ruin of many, nor can they ever hope to recover themselves but by the advance of tobacco, wch. must be the right regulation of that trade. The present warr hath cutt us out of the trade of Spain, France, Flanders and part of the Baltick, which took of[f] at least 20,000 hhds. every year, and that of the most ordinaryest sort, whereas now the greatest forreign markett is Holland, wch. takes off none but our fine bright Aronoake, wch. is but little in comparison of the browner sort, and it is to[o] evident that we have cloy'd that markett. These severall fleets so different in their intrist have very much disappointed the Country of such supply of goods as should answer their necessitys; ye Smokers Fleet, thinking to take the advantage of the Planters, would not sell their goods but at a very extravagant price, wch. they would not give, depending on the Grand Fleet's coming in the fall, and perhaps they concluding that the Smokers Fleet had pretty well supply'd the country, slecken'd their hand and sent not soe much goods as else they would have done, so that between them both the Country is disappointed and in great want of goods, especially if the Fleet should not be here again before Christmas; that wch. contributes more to this disapointment is the loss of severall ships of the Fleet, who had a great quantity of goods on board, wch. wth. the many ships lost going home is another misfortune that these countrys grown under. The remedy of all these evills in the future is (1), as there is but one crop of tobacco in a year, soe there may be but one sufficient fleet to carry it home under a good convoy; that noe ship be permitted to sail but what goes in the fleet under convoy; the Assembly of this Province having by sad experience found the ill effects of the late confused and distructive method of trade, have proposed the time for the fleet to sail; they have given their reasons, wch. I hope your Lordships will approve. They propose that the Fleet doe sayl from England in Sept., wch. will bring them hither in Nov., by wch. time great part of the tobacco will be stript and packt, soe that by the time they have delivered their goods and gott their ships in order, the tobacco may be ready for them to take on board. (2) By the Fleet's being on our coasts in Nov. is before the North west winds sett in, so that they will in all likelihood meet with smooth short passages whereas if they come on these coasts in the dead of the winter, they will meet with very hard violent weather, such as may force them to bear away to the West Indies, by wch. they hazard the loss of their ships by the enemy or the loss of the men's lives for want of provisions, of wch. we have had so many instances, particularly this year. By being here in Nov., there will be time enough all the winter for the merchants to sell their goods and purchase tobacco, and it will be very seasonable for the planters to furnish themselves with cloathing for their servants etc., the want of wch. this year proved a very great damage. They may then be ready to go hence in April or May, and will prevent the ships being damaged by the worm, and secure the men from those sicknesses which generally attend them in the heat of summer; going home, they will have good weather and moderate winds, soe that if they have good convoys, they may be kept together, the contrary effect of wch. by going home in the winter was sadly experienced by the last fleet, etc., etc. No single ship ought to be suffered to sail since it lessens the Queen's Revenue, feeds the enemy, encourages privateers, ruins the Planter, makes a noyse and perhaps feeds a markett, in a word it cannot be for a publick good. It cannot be for H.M. service that a Commadore's orders should confine him to a fixed day of sailing hence wth. the fleet, it being impossible for H.R.H. at soe great a distance to foresee the many and great accedents that may fall out. I humbly propose that somewhat may be left to ye Governmt., and if your Lordships think fit that the Commadore may be joyn'd with them, this may prevent many inconveniencys and be a great satisfaction to ye country.
And now I humbly propose whither, considering the present miserable and unhappy condition of these Provinces, your Lordships may not think fit to suspend for the present the pressing them to pay their quota towards the supply and support of Albany, till they have a little recover'd themselves etc. Such a gratious condescention in H.M. will make the People of these poor Provinces easy and chearfull, and, when they are able to contribute, far more willing and larger then what is now expected from them. I am not in the least changed from my former opinion, that the security of all the Provinces on the Maine doth depend on the effectuall defence of Albany and the frontiers, together wth. secureing the Five Nations to the English intrist, that the Province of New York are not able to defray the charge of it, that it's not reasonable that H.M. should be at the expence of it, espetially whilst she is ingaged in soe chargeable a warr; that it ought to be defray'd by the severall Governments that reap the benefitt of it, that noe better method can be found then what hath been agreed on by your Lordships; but the miserable effects of this present warr hath very much alter'd the state of the Tobacco plantations, wch. may make it adviseable to suspend there payment for some time.
The Assembly of this Province [Virginia] mett Aprill 20th and sate till May 12th, and were then prorogued till Oct. 19. They past severall good Acts. The factious uneasy spirit is contracted into a very narrow compass; the people's eyes are open to see that those men had noe other ground or motive for what they did but their mallice and revenge for not being continued in all places of honour and proffit; it is generally thought that Mr. Ben. Harrison and the rest of his gang have made their last effort this Session; the occasion was this; the Act for laying an imposition on liquors and negroes appropriated to the building of the Capitoll was expired; the inside work not being quite finish'd the Assembly brought in a Bill to revive the Act for one year longer, and tho this Act noe ways concern'd H.M. or the Governor, but purely for the service of the Countrey, yet this Gentleman with his few factious friends us'd the utmost of their endeavours to have thrown out this Bill, wch. did so effectuall[y] shew the Assembly and the whole Country the true temper of them, that they will never be abused or imposed on by them more; wch. proved to be a very happy accident, for after this they could gain noe one point, but all things went on very smoothly in the Assembly. The great noyse and clamour which was so improv'd in the Country by those few uneasy is now quite blown over, all those malicious storys of H.E., being sent for home by H.M. and a new Governor sent in his room, wch. they endeavoured to impose on the people, are now at an end.
The late expedition in South Carolina under Col. James Moore, against the Apalacy Indians, was a brave action, and will be attended with this good consequence, to secure that Province from any sudden attempt of the Spanyard, or Indian, against them by land, this nation of Indians being the chief that the Spaniard depended on for that design. Col. Moore marched wth. a great body of our friendly Indians and about 50 Englishmen; they killed a great number of the Enemy, brought a great number of them Prisoners, besides 1,300 that came voluntary with them to live under the protection of ye English Governmt. I hope your Lordships will assist that Govt. wth. a man of warr and a bomb ketch, in order to taking St. Augustine, wch. may wth. ease be done, and will be of a vast consequence by a totall removall of the Spaniards and French from those Southern parts, and bring all the Indians under the English Governmt. As for Providence, it lyes still ruin'd and depopulated, and soe is like to continue unless H.M. will please to take it into her own hand and protection; then it would be soon settled, but noe number of people will ever venture to settle it again under the Proprietors; it's pitty such a place should be deserted. Signed, Robt. Quary. Endorsed, Recd. Read Aug. 15, 1704. 8 closely written pp. partly torn. Enclosed,
353. i. Robert Quary to Governor Lord Cornbury. For many years past all manner of illegal trade hath been carried on, encouraged and sheltered at a place in the Province call'd Sandyhook, to H.M. very great damadge in her Revenue. Ships from Madagascar, Curacoa, Surinam, St. Thomas etc. bound for New York, there land or put on board some sloop the manufactory of Europe and other prohibited goods brought from those forreigne parts, and also great quantitys of pyratical goods; wch. done the ships goe up to Yorke perhaps in their ballace, and in a little time after the goods are conveyed to York in wood boats etc. For many years there has been a very pernicious trade carryed on from Pensylvania to that place by some sloops belonging to New York. They carry goods to Pensylvania, and in their return back they doe perhaps enter a small quantity of tobacco for New Yorke, for wch. they doe pay the duty, and after they have got their clearing, they fall down to some creeke or other in the Lower Countys, and there take in their full loading of tobacco, wch. they bring to some of the small places neare Sandy-Hook, where they putt it on shoare, and then goe up to New Yorke. The tobacco is sent up in wood boats, under their loading, and landed in the night or putt on board some vessel bound for the French or Dutch Governmts. But generally those ships to stop at Sandy Hook and take in the tobacco there. By a strict inquiry into this wicked trade, I am very well assured that H.M. hath been damaged above 20,000l., and will be injured to a greater value. Proposes the building of a small Plattform or Battery of three or five guns; with 8 or 10 men constantly to attend; that all vessels bound in from the sea be obliged to touch there to make report, and take a waiter on board up to New York; all vessels outward bound to take an officer on board and land him at Sandy-hook; H.M. Collector of Amboy to be oblidged to reside there by himself or deputy; beacons to signal the approach of ships to be erected there and at the Narrows etc., etc. Feb. 15, 170¾. Signed, Robt. Quary. Endorsed, Recd. Aug. 12, 170¾. 3 pp.
353. ii. Memorandum of Copy of the Subscription obtained by Mr. Penn for mony from the inhabitants of Pennsylvania etc. ¼ p. [C.O. 323, 5. Nos. 51, 51.i., ii.; and (without enclosures) 324, 9. pp. 1–30.]
[May 30.] 354. Copy of the Subscription obtained by Mr. Penn for money from the Inhabitants of Pennsylvania. Whereas our Enemies by their frequent and unwearied attempts and misrepresentations of us and this Governmt. to our Supperiors in England have at length so farr prevailed that our Govermt. and therewith our priviledges are like to be taken away, and our Christian liberties thereby infringed tending to the great prejudice of us and our posterity, if timely care be not taken to prevent the same, for which cause there seems an unavoidable necessity that our Friend and Governor Wm. Penn doe speedily repaire for England to defend his and our just rights, which cannot be done without a considerable supply towards defraying the charge thereof. Therefore we the underwritten . . . do severally agree to pay to William Penn, his heirs etc. the several sums of money by us respectively subscribed. Darby. Signed, James Cooper, 5l., John Blunston 5l., John Wood, 10s., Tho. Worth 10s., Nich. Ireland 10s., Daniell Hiberd 1l., Michaell Blunston 2l., Thomas Bradshaw 1l., John Marshall 1l., Obadiah Bonsall 10s., Benjamin Cliff 10s., Rich. Parker 1l. 4s., Will. Cooke 10s., John Smith 10s., Edmond Cartledge 1l., Joseph Needs 2l., Robert Scothorne 10s., James Williams 10s., Josiah Hearne 10s., John Hircke 10s. Receipted. Total, 26l. 14s. Endorsed, Recd. Aug. 15, 1704. 1 p. [C.O. 5, 1262. No. 85.]
[May 30.] 355. Copy of Deputation by James Logan, Mr. Penn's Receiver, to James Cooper, to collect the sums subscribed by the Friends of Darby Meeting towards the said Proprietor's supply in his voyage to England. 1 p. [C.O. 5, 1262. No. 86.]
May 30.
356. Information by Robert Hotchkyn, Attorney General of Jamaica, against Hugh Totterdell. An Assembly being summoned at St. Jago de la Vega, April 11, 1704, Hugh Totterdell, late of Spanish Towne, being duly elected and returned for the parish of St. Catherine's, and Richard Thompson for the parish of Kingston, the said Hugh contriving and intending to defame the said Thomas and excite sedition and create a jealousy between the Governor, Council and Assembly and the Queen's liege people and to bring the Governor and Government into contempt etc., the said Richard being appointed Chairman of a Committee of the Assembly to bring in a Bill for the quartering of H.M. forces, and the said Hugh being afterwards appointed Chairman in his room, on May 10 at Spanish Towne uttered these scandalous and seditious words in the hearing of the said Richard and divers others, to witt, "I desire I may be likewise excused, for if anything should goe amiss, I shall be rogu'd and rascall'd as before, and therefore desire the said Richard may not be excused, but continue Chairman, that he may be rogu'd and rascall'd in his turne," upon which Richard asked him who would call him so; he replied, the Governor; to which Richard replied that he would give no occasion for such language; Hugh answered that he was no time server, he had rowed against the stream and found he could pull up against all, and that the first good dinner the Governor had in this Island, Hugh gave it him.
The Court is further informed that whereas Hugh was intrusted with a packet of letters from the Queen for the Governor, he privately concealed and withheld it for 7 weeks from June 8. Prays that Hugh may come into Court to answer upon the premises. Endorsed, Oct. 25, 1704. 1 p. [C.O. 137, 45. No. 61.]
May 30.
357. W. Popple to Wm. Lowndes. The Council of Trade and Plantations find that the Revenue Act of Jamaica [May 19, 24] does agree in every material part (except as to the rates of goods imported) with the former Revenue Act, which has been in force for 21 years and upon which the Customs and other Revenues have bin collected without any inconvenience. But that the Lord High Treasurer may have intire satisfaction, they will send his observations to the Governor and Council of Jamaica; that such defects as may appear to them to be essential may be remedied by a subsequent Act, and that they likewise return an answer to the several particulars, and in the meantime they humbly conceive this Act fit to be laid before H.M. for her Royal approbation, if his Lordship has no objection to their doing the same. [C.O. 138, 11. pp. 273, 274.]
May 30.
358. W. Popple, jr., to Mr. Attorney General. Enclosing draught of a Proclamation for settling the rates of foreign coins in the Plantations, that it may be put in such form by your care as you shall find requisite, to be presented to H.M. the next Councill Day. Annexed,
358. i. Proclamation referred to above. [No. 392.i.] [C.O. 324, 8. pp. 446–449.]
May 30.
Philada. in the Province of Pensylvania.
359. Lt. Governor Evans to the Council of Trade and Plantations. What mismanagement and abuses have been before my time I know not, but since I have not been able to make the least discovery. And I am sure 'tis no Governor's interest to connive where the Law gives so large share of the fforfeiture, and whatever regards H.M. interest commands my firm obedience, especially since it has graciously pleased ye Queen to grant me her Royal Approbation. I find it is the great unhappiness of these parts of the world in generall to be too much divided in opinions. I have therefore endeavoured to my utmost to reconcile animosities and take off the edge of some men's unreasonable anger; but how far I have succeeded I am not able to judge, it having been the practice I am informed of writing to England large accounts of every minute passage without the least complaint or notice here, nay, even where they have seemingly approved. My Lords, I write not this that I am conscious of any occasion given, but if any should be taken from the malicious and restless humours of men, I humbly beg that I may have notice of it before intire credit be given etc.; I have earnestly press'd to the Assembly now sitting the raising that summ required of this Province in the late King's letter for the assistance of New York etc., which you (May 19, 1703) enjoyn'd the Proprietor to take care of. I find it goes much against the humour of the people here, as well as in the rest of our neighbouring Colonies. The reasons here urg'd by them are that the Lord Bellomont's project which gave occasion for these quotas to be demanded, was altogether impracticable, and as such (say they) is esteem'd by those who know the scituation of the country. However, I proceeded to discharge my duty in this affair, and continued by messages and conferences urgently to press it to them. I cannot yet determine the Resolutions the House will take thereupon, the Assembly having not as yet passed an Act of any kind, otherwise I should transmitt and shall not neglect it by the first opportunity. We have now under consideration methods of securing ourselvs against incursions from Canada (which is as necessary for the safety of our back settlements as anything) by engageing all our friendly Indians, as well the Five Nations as others, and by keeping some kind of patroul abroad, which I hope we shall speedily effect by a good Law and an answerable Fund for it. I have lately (for I could not well before the Assembly sate) publish'd a Proclamation for raising a Militia throughout the Government, and thereupon issued out Commissions, and hope to have all the country in arms, who will bear any, on any account, as great part I believe will, but a full and regular Militia I fear is not to be expected. The Province now acts in legislation distinct from the Lower Counties upon some steps that had been made before my arrival, however both sides think themselvs more disengaged and freer to goe on with the publick business in different Assemblies. Signed, John Evans. Endorsed, Recd. Sept. 8, Read Oct. 19, 1704. 4pp. Enclosed,
359. i. Proclamation by Lt. Governor Evans requiring all persons residing in this Government, whose perswasions will on any account permit them to take up arms in their own defence, to provide themselves with a good firelock and ammunition in order to inlist themselves in the Militia. Every inhabitant to repair and inlist himself with the officer commanding in his district etc. Philadelphia, May 26, 1704. Signed, John Evans. Endorsed as preceding. Copy. 1 p.
359. ii. Speech of Lt. Governor Evans to the Assembly of Pennsylvania, April, 1704. Nothing is of greater importance than a well regulated Legislative power consisting in the concurrence of those that are invested with the power of Government and the people. … But I was not a little surprized at my arrival to hear that there had been any tendency to a division in the Legislative powers happily settled by our Constitution in an Assembly of the Freeholders of this Province and Territorys. Since the first electing of this Government I have been pleased to hear that you have all hitherto been united in one body in your Assembly, and in them have joyntly enacted Laws by wch. you have been peaceably governned and flourished at least equally for the time to any Collony in America. And I shall be exceedingly sorry should you upon my arrival break that union and confirm by Act a separation that I must believe was the unhappiness of the place to have ever laid any foundation for. I am well assured by all my Orders that H.M. considers both this Province and Territories as one intire Government, and both the Royal Approbation and my Commission tell me that I ought to use my utmost endeavours to keep you soe. Your publick interest alsoe will I suppose noe less clearly informe you that you are by that soe inseparably united yt. neither can without great loss and inconveniency suffer a division etc. I therefore earnestly press both to you, the Representatives of the Province (notwithstanding the steps already made to a separation) and to you of the Lower Counties, who upon the consultation at N. Castle with some of the principal of you on this head thought it requisite to meet here to deliberate and consult of this important affair, that confering by yourselves and together as there shall be occasion, you would take the speediest and properest means to forme yrselves by an amicable agreement into a convention that may enable you effectually to proceed to the consideration of such matters as the services of H.M., this Government, and our common interest and safety may require and which I must lay before you. The different numbers of Representatives need not be any obstruction, yr. business together being not now immediately to proceed to voting, but to find any means to put yourselves jointly into a fit condition for it etc. Copy. 1¼ pp.
359. iii. Copy of the Representatives' Condescention of the Territories to the Representatives of the Province of Philadelphia, April 13, 1704. We the Representatives for the County of N. Castle, Kent and Sussex, being (by virtue of the Governor's writ for election) met at Philadelphia, April 10, in expectation to have joyned in Assembly with the Representatives of the Province of Pennsylvania, found ourselves disappointed therein by their pretending a former separation. Wherefore we do think it our duty to manifest and declare how unwilling we are to admit of any such thing as a disunion, being afraid that the consequence thereof must of necessity prove prejudiciall to the Peace and Interest of the Proprietary and Government. Wee therefore being very sensible of the same, do declare that for the quietness and prosperity of the Government, wee are satisfied and contented to accept of the Charter given and granted by Wm. Penn, Oct. 28, 1701, according to the true intent and meaning of the same, that is to say, if the Province will joyne with us in representing the same by four Members out of each County, so that our Representatives may be equall in number, conform to the 2nd article of the sd. Charter, and the antient use and practice of this Government. The which is now offered by us, not doubting of your satisfactory answer in writeing. Signed, James Coutts, John Healey, Roolof De Haer, Isaac Gooding, Wm. Rodeny, John Brinkloe, Wm. Morton, Arth. Moston, John Hill, Wm. Bagwell, Rob. Burton, Rich. Paynter. 1 p.
359. iv. Second Speech by Lt. Governor Evans to the Representatives of Pennsylvania. My earnest desires and endeavours for an union between you and those of the Lower Counties in legislation, having by means of the sev[erall steps that] been made before my arrivall prov'd unsuccessful, and you being now in a condition by the Proprietor's Charter to proceed to business etc. Nothing can be of greater importance towards man's happyness and safety than that the legislative powers be well and duely regulated, for the effecting which you have now as fair an opportunity as sound and wholesome Laws can give you. The Queen's Majesty and the Proprietor have effectually done their parts, and for mine I shall always be ready to promote whatever may prove of so happy a tendency. It remains only that you will accomplish your own happyness by a firm establishment of your own Constitution on such a reasonable and regular foundation as that each particular interest H.M., the Proprietor's and your own may be so interwoven (as naturally they doubtless are) that each may support the other. H.M. expects that while all the rest of her subjects everywhere cheerfully contribute to the great and necessary expenses of her happy Government, you will with no less alacrity present H.M. with the sum mentioned in the late King's letter towards the expenses of New York. The Proprietor expects you will support the dignity of the Government in all its branches, and not suffer it to lye as an oppressive load upon him, whose unwearied endeavours have never ceased to secure you in the enjoyment of your just rights and priviledges, and while he is enabled to undergoe it, doth by me give you assurance that he will never be wanting in whatever may most effectually secure you, but that unless you can find means to recommend yourselves to the Ministry at home by answering the just ends of Government, the burthen must needs lye much the heavyer upon him, and perhapps at length prove to much to beare. I am also to recommend to yr. care some method to secure ourselves in these dangerous times of warr, especially that you have a more then common regard to the Indians and such as are suffered to come among them, etc. Copy. 1 p.
359. v. The Representatives of the Three Lower Counties to Lt. Governor Evans. Philadelphia, April 14, 1704. In obedience to your writs, we have made our appearance before your Honour on the 10th to have acted legislatively in Assembly. But whereas we did observe by your Speech (above) that you judged it fitt that all endeavours should be used in the first place for the uniteing of your Government in one Assembly, being very sensible of the respect wee owe yr. Honour, and being very well satisfied that you did at that time propose matters of the greatest import towards the interest, quiet and prosperity of the Government, have accordingly use[d] our utmost endeavour for an accommodation wth. the Representatives for the Province, and since we are assured that our endeavours cannot prove successfull, as by their answer does plainly appeare [see Oct. 15, 1704], We therefore humbly lay before your Honour's consideration, the necessity there will be for to fall upon methods for a speedy and effectual settling our Counties in a regular method of Government, that so justice may be duely administered, the people preserved in their rights and liberties, and your Honour's expectation from us answered etc. Signed, John Hill, Wm. Bagwell, Robt. Burton, Richd. Paynter, James Coutts, John Healey, Roolof De Haer, Isaac Gooding, Wm. Roddney, John Brinckloe, Wm. Morton, Arth. Moston. Copy. 1 p.
359. vi. Representatives of Pennsylvania to Lt. Governor Evans. Return thanks for thy Speech, as also to the Proprietor for his peculiar regards to our interest and happyness in the choice of so worthy a person to rule over us, and to our gracious Queen for favouring thy Lieutenancy wth. her Royal Approbation. We are very sensible of thy concurrant endeavours with ours to reunite us with the Three Lower Countys, and that nothing of that is justly chargeable upon any but themselves, as our late answer to their proposalls for a reunion will sufficiently prove. And we are also well assured that the due regulation of the Legislative power is of so great importance to our safety and happyness that wee shall make it our care to settle the same so farr as wee are capeable. But forasmuch as thou hast been pleased to press us to the dispatch thereof and to acquaint us that our Proprietor hath effectually done his part towards our happy establishment, wch. wee woud willingly hope has been in procuring the Queen's Royall sanction to our Laws, which wee humbly desire may be communicated unto us, to the end our present service may be made the more easy, and that we may proceed with the greater alacrity, hoping thou wilt be ready to concur in what may be proposed for that end in relation to each particular interest concerned. As for the expectation of our presenting the Queen with the sum mentioned in the late King's letter we refer to the former Assembly's answer, wch. wee hope the Proprietor has so represented at home, that wee shall not be justly blamed for not raising money at this time for that service, since wee have our own back settlements to secure, and our Friend Indians to ingage. The Proprietor's expectations has been under our serious considerations; and as wee hope the people of this Province have not been wanting in giving ample testimonys of their affections to him on divers occasions of late, so wee shall still continue thankfully to acknowledge his and thy care of us and of our just rights and priviledges, the continuance of which will the better enable us to approve ourselves to the Ministry at home, and also to remove the weight and burthen that may be so heavy upon our Proprietor so far as it concerns the good and advantage of the People of this Province. We assure thee of our sincere affection to thyself, and intend to proceed with all diligence to the despatch of the other business of this Session, intending carefully to avoid passing any votes which may in the worst sence have a tendency to reflect on the Lower Counties on acct. of their separation from us, and heartily wish them all happyness under thy administration in the circumstances and condition the Queen has been pleased to put them, and shall be ready when a fitt expedient is found to reunite, and in the meantime shall use our endeavours to preserve amity and friendship with them as our friends and neighbours, united by common interest, tho disjunct in legislation. Signed, David Lloyd, Speaker. Copy. 1 p. [C.O. 5, 1262. Nos. 83, 83.i.–vi.; and (without enclosures) 5, 1291. pp. 50–54.]
May 31.
360. Lt. Governor Bennett to the Council of Trade and Plantations. Presuming I do not now suffer in your Lordships' opinions in the affair about Mr. Larkin, I venture to supplicate your Lordships on my behalf, relating to the petition my brother now lays before you, that H.M. may grant me a Commission for Capt. Sandys his Company (he being dead). I have constantly supplied the officers and soldiers, tho money has not been duly returned, and I have always been 6 months out of pockett, and now its near a year, for I have not received any subsistence for the Company since June 25 last, and to support the men (for there is no such thing as credit, for them people are generally soe poor) I have borrowed 400l. for which I pay interest, which is very hard considering I have noe manner of advantage by the Company etc. Signed. Ben. Bennett. Endorsed, Recd. Read July 18, 1704. Holograph. 2 pp. [C.O. 37, 6. No. 16; and 38, 6. pp. 46, 47.]
May 31. 361. Governor Nicholson to the Council of Trade and Plantations. I received yours of July 29, and return my hearty thanks for all your continued favours to me etc. I gave S. Tompson a Commission pursuant to H.M. Order, and shall give him encouragement according to your letter of Aug. 10. I transmit the Journals of Council and Assembly herewith. I'm heartily sorry that H.M. commands about New York could not be complied with, but I should fail in my duty to H.M. and your Lordships, if I did not humbly represent the general aversion there is against supplying H.M. Province of New York from hence, either with men or moneys, but more particularly at this time, for a great many of ye inhabitants have very bad accounts from England of their tobaccos, and ye Merchants write them yt. they are rather like to have worse than better. And here hath been a bad spring for ye plants, and except, please God, there comes some seasonable weather next moneth and ye beginning of July, there will be but indifferent crops: and here will be 4 or 5,000 hhds. of tobacco left and but one Bristol ship in York River. Here is a scarcity of goods, and they will be much wanted next winter, except supplies come from England. I am heartily sorry yt. ye merchants can't agree there about sending ye Fleets hither. And I'm fearfull that some will endeavour to hinder ye Fleets coming hither ye next Fall, or early in ye Spring: and if they should succeed therein, it will be very prejudicial to H.M. interest and service here. Refers to proceedings of Assembly in relation to trade. And I hope in God that what I have done therein, as likewise concerning H.M.S. Drednought and Fowey etc. will not be displeasing to your Lordships. I most humbly propose that H.M. would please to suspend her royal commands about ye assistance to be given to New York till, please God, the people have better accounts of their affairs: for my own part according to my duty, I shal be most ready to serve H.M. not only in yt. affair, but in all others with my life and fortune. Mathew Page dying, and there yn. being but 8 of the Council in ye Country, I appointed John Smith, and beg your Lordships to move H.M. yt. he may be continued. I propose that John Lewis may be ye next. I begin now to look for Mr. Secretary Jennings, with your commands. I could heartily wish yt he was arrived in a man of war to attend this Government; for we shall have never a man of war within ye Capes after ye Fleet is sailed etc. I thank God that this H.M. Colony is in peace and quietness. Signed, Fr. Nicholson.Endorsed, Read 9th, Recd. 23rd Aug., 1704. 1¾ pp. Enclosed,
361. i. Address of the Governor, Council and Burgesses of Virginia to the Queen, 1704. Loyal Address, thanking H.M. for "bestowing her royall picture upon this poor Colony," etc., etc. 55 signatures. Endorsed, Recd. Aug. 9, 1704. 1 p.
361. ii. List of tithables of Virginia, 1704. Totals, Tithables, 26,928. Pds. of tobacco, 228,882. Signed, Wm. Randolph, jr., Endorsed, Recd. Aug. 9, 1704. ¾ p.
361. iii. List of Patents for land granted in April General Court, Virginia, 1704.
County. Grantee. Acres.
Essex Andrew Harrison 1,100
Elizabeth City Tho. Poole 474
Charles City Robert West 298
New Kent Francis Clark 282
Gloucester Robert Porteus 692
Essex Andrew Harrison, etc. 813
" John May 191
" Tho. Tinsley 1,400
" Thomas Tinsley 1,000
" Wm. Scott 156
" Edward Merrick 1,014
" John Ridsdaile 92
" John Cook 47
" Wm. Lowry 1,044
" Wm. Johnson 550
" John Coleman 1,200
" Robert Brookes 650
" Tho. Gregson 37
Nansemond Christopher Gewin 900
King William Edmund Smith 150
Nansemond James Doughty 308
King William Wm. Bassett 1,000
New Kent Geo. Lovell 1,100
York Wm. Pattison 300
Charles City Robert Mumford 50
Nansemond Lewis Conner 90
King and Queen Edward Lewis 400
King and Queen Robert Dowglass 150
Gloucester Anne Forrest 200
New Kent Evan Jones 472
Gloucester Wm. Collawns 62
" Wm. Thornton 110
" Dunkin Bohannon 145
" James Ranson 40
New Kent David Clarkson 100
" Tho. Butts 296
Charles City Joan Liscomb 432
Essex Clara Robinson 860
" Benj. Robinson 655
Endorsed as preceding. 1 p.
361. iv. Mr. Auditor Byrd's Account of the Quit-Rents, 1703. Total, 5,978l. 16s. 2d. Endorsed as preceding. 2 pp.
361. v. Mr. Auditor Byrd's Account of the 2s. per hhd., Oct. 25 1703—April 25, 1704. Total, 2,210l. 5s. 8½d. Endorsed as preceding. 2 pp.
361. vi. Mr. Treasurer Robert Carter's acct. of the Imposition on liquors, servants and slaves. April 28, 1704. Endorsed as preceding. 2 pp.
361. vii. Mr. Carter's Accounts of H.M. Revenue, 1703. By cash paid on warrants for salaries etc. + balance, 334l. 10s. 3d. =2,037l. 4s. 9½d. By Liquor Duty, 966l. 17s. 2d., and duty on servants and slaves, 329l. 3s. 1½d.; balance brought forward, 741l. 4s. 6d.=2,037l. 4s. 9½d. Endorsed as preceding. 2 pp.
361. viii. Transcript of the proceedings of Assembly of Virginia in relation to trade, April, 1704. Endorsed as preceding. 5 pp.
361. ix. Transcript of letters, Orders of Council etc. relating to H.M.S. Dreadnought and Fowey. Endorsed as preceding. 15 pp. [C.O. 5, 1314. Nos. 21, 21.i.–ix.; and (without enclosures) 5, 1361. pp. 8–16.]
May 31. 362. Governor Nicholson to [the Earl of Nottingham ?]. Your Lordship's letter of July 22 I had not the honor to receive till ye latter end of March last, because Capt. Evans, Commander of H.M.S. Dreadnought did not arrive here before yt. time, having been forced to Barbados. Your Lordship may be assured that I will bot[h] chearfully and punctually obey H.M. commands concerning ye Captains of H.M. men of war, by using of you with all civility etc., and I hope that none of you can justly accuse me of doing otherwise. Capt. James Moody may have reported otherways, but I appeal to ye Journals of ye Council, and I think yt. several of his actions here were arbitrary and illegal. And I now send to our Agent Mr. John Thraile copys of papers which can prove ym. Encloses Journals of Council etc. Signed, Fr. Nicholson. Enclosed,
362. i. Governor Nicholson to the Council of Trade and Plantations. May 31. Duplicate of following. 2 pp.
362. ii. List of Laws, Journals etc. sent by Sir Thomas Lawrence, Bart., to the Secretary of State. ¾ p.
362. iii. List of Acts of Virginia, passed April, 1704. 1 p.
362. iv. List of enclosures, Acts, Minutes of Council etc. sent to Lord Nottingham. 1 p. [C.O. 5, 720. Nos. 1, 1.i.iv.]
May 31.
363. Copy of proposals made to Governor Seymour by Andrew Tonnard, Shipwright, for supplying H.M. Navy with timber from Maryland and for erecting a yard for building ships of war etc. in the River of Pattuxent, at 4l. per tun, the price in England being 7l. or more. All the workmen to be employed must be sent from England etc. Subscribed, I refer these proposals to Sir T. Lawrence that he may lay it before H.R.H. and the Council of Trade and Plantations. Signed, Jo. Seymour. Endorsed, Recd. Read Aug. 18, 1704. 4½ pp. [C.O. 5, 715. No. 79.]
May 31.
364. Council of Trade and Plantations to Mr. Secretary Hedges.Enclosing draughts of letters to Governors, which, according to directions from the Lord Treasurer, we have drawn up for the better securing H.M. and the Lord High Admiral's shares of prizes in the Plantations, for H.M. signature. Annexed,
364. i. Drafts of Letters to Governors. Begins as Feb. 16 Concludes:—"And we further charge and command you that you cause due care to be taken that all Commanders of our ships to [? do] deliver up the Prizes by them taken and brought into any Port within your Government into the possession of such Officers for Prizes as are properly appointed and authorized to take charge of the same, and that all persons be required to be aiding and assisting to the said Prize Officers in preventing embezzlements and recovering of prize goods, which may happen to be embezelled and concealed, as well as in the execution of all orders to them directed, in relation to prizes by any Court of Admiralty legally established by our High Admiral in our sd. Plantations." [C.O. 324, 8. pp. 450–450.b.]
May 31. 365. Circular Letter from the Queen to the several Proprietary Governments in America [sent to Mr. Secretary Hedges, May 31]. Whereas complaints have been made to us of abuses in the Courts of Admiralty in the Plantations, and of irregularities in the disposition of prizes brought into our said Plantations by our ships of war, privateers or others with letters of marque. For prevention whereof we strictly charge and require you, that you take care as far as in you lyes, that all persons whatsoever within our Colony/Province of — be obedient to such orders and instructions as shall be received from time to time from our High Admiral, and that they be aiding and assisting to our Officers, and the Officers appointed by our High Admirall in the recovery of our dues, as also of those of our High Admirall in cases of prizes and Admiralty Causes according to our declaration for the encouragement of our ships of war and privateers, and for maintaining the rights of our Admiralty. And whereas our further pleasure is, that all Commanders of our ships do deliver up the prizes by them taken and brought to any Port within our said Colony [Province] of — into the possession of such Officers for Prizes as are properly appointed and authorized by us to the charge of the same, we do hereby require all persons within that our said Colony/Province to be aiding and assisting to the said Officers, in preventing embezelments and recovering of prize goods, which may happen to be embezeld and concealed, as well as in the execution of all orders to them directed, in relation to prizes by any Court of Admiralty legally established by our High Admirall in our said Plantations. [C.O. 5, 1291. pp. 37–39.]